2010-40 f
RESOLUTION NO. 2010- 40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE
APPROVING PARCEL MAP NO. 17787, CONSOLIDATING SEVEN EXISTING
PARCELS AND RESUBDIVIDING THE PARCELS INTO SEVEN NEW PARCELS AND
ACCEPTING THE PERFORMANCE BOND FOR ON-SITE IMPROVEMENTS:
WHEREAS, the subdivider has applied for approval of Tentative Parcel Map 08-01
(TPM No. 17787), which applies to approximately 12.5 acres of the approximately 21-
acres Town Square Master Development Plan (TSMDP) area, which will resubdivide
seven existing parcels into seven new parcels. The boundaries of the parcel map
encompass Development Units 1 and 2 and a portion of Development Unit 4 of the
TSMDP all of which are located on the south side of Barton Road and the east side of
Michigan Street, zoned BRSP-General Commercial.
WHEREAS, on July 15, 2010 the Planning Commission conducted a duly noticed
public hearing on Tentative Parcel Map No. 17787, and concluded the hearing by
recommending approval of the Tentative Parcel Map. 17787, and directed Staff to move
the map forward for City Council's approval.
WHEREAS, on July 27, 2010 the City Council approved Tentative Parcel Map No.
17787, which applies to approximately 12.5 acres of approximately 21-acres of TSMDP
r area, that contemplated the subdivision of seven existing parcels into seven new parcels.
WHEREAS, Parcel Map No. 17787 has been reviewed for compliance with the
City's subdivision ordinance and the subdivision map act and recommended for approval
by the City Engineer for recordation and compliance with the conditions of approval set
forth in Resolution No. 2010-30.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand
Terrace that the City Council approves Parcel Map No. 17787, and accepts the faithful
performance bond for all on-site infrastructure improvements submitted by F&D Surety
Bond No. 08901212.
BE IT FURTHER RESOLVED that the Mayor be authorized to execute the parcel
map agreement on behalf of the City and authorize the City Clerk to record the parcel map
with the San Bernardino County Recorder's Office.
PPROVED AND ADOPTED this 1 4 1h day of December , 2010.
Mayor ATTEST:
h7194
City Clerk
a
� Attachment:Performance Bond and Mylar for signature.
I, BRENDA MESA, City Clerk of the City of Grand Terrace, do hereby
certify that Resolution No. 2010- 40 was introduced and adopted at a regular
meeting of the City Council of the City of Grand Terrace held on the 14th day of
December, 2010, by the following vote:
AYES: Councilmembers McNaboe and Sandoval; Mayor Pro Tem Garcia and
Mayor Stanckiewitz
NOES: None
ABSENT: None
ABSTAIN: None
Brenda Mesa, City Clerk
Approved as to form:
1
City Attorney
Dec 86 2010 16:19:44 PST MSG# 89358434-886-1 Page 002 Of 006
Fidelity and Deposit Company of'Maryland
Lr 0) Home Olt e; 1',C).13ox 1227,I3altitnore,MD 2I20.}-1227
13011d No,0$901212
Premium: $19,238.00
PERFORMANCE BOND
KNOW ALL MEN I3Y TBESE PRESENTS:
That STA'1'>ilt BItOS MA1tI{ .�5... ..Cal i' I 4j�or tjon (hereinafter called Principal), tas Principal end FIDELI f AND
DEPOSIT COMPANY OF MAR.YLAND,.u corporation of this State of Maryland, with its Home Office in the City of
Saldmore, Maryland, and duly authori7xd and licensed to do business in the State of CALIFORNIA (hereinafter called
Surety), as Surety, area held and firmly bound unto .l'.1:.Y...0 .W,sr� N 13 ,1t.A F(boreinal'tor called City), in tho tirtll and
just s'urn of Cane Million Nine Iltrn_,;p,� vest! l7r a "9 ousand Seven llundred..Se c l,ti+t?and ]�C1110f}ths 1) ars
($1,923,772,00),to the payment of which sum,well and truly to be made,the Prhwipal and Surety bind themselves,their and
egcfy of their heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents.
Signed,scaled and dated this It€r day of December,2010.
WREItEAS,the Principal has entered into a certain written agreernent,dated the day of ,with the Obligee
for On Site Improvements-.,'ferttative Parcel Map 08-01 (TPM No 17787)which agreeniont is or may be attached hereto for
reference.
NOW, TTiEREI 01dt ', T14E CONDITION OF THIS QBLIGATION IS SUCH,That, if the Principal shall well and
truly perforrrl and carry out the covenants,terms and conditions of said agreement,then this obligation to be void; otherwise
to remain in full force and effect.
PROVIDED,HOWEVER,drat the term of this bond shall be for the period from December 6,2010_through December
G,201€,and any annual extensions of this bond shrill be cxoouted via Certificate of Continuation. T1ic f{aiiure of the Surety to
extend this bond at any annual bond anniversary shall not in itself be the basis for a clahn against the bond. Any and all
claims by the Obligee shall be reimbursed by the Surety on the basis of reasonable.actual costs incurred of takeover by the
Obligee. The Obligoo, with the acceptance of 11iis frond, acknowledges that the provision and conditions of this bond are
specifically incorporated in the Contract dw art amendment thereto and that fire languagr. of this bond sha.lI sulaersede and
preerrlpt any Conti-out langrtag$ to tine contrary, Surety may cancel this bond at any time, without notice: or detnarad, for
failure to pay premium, collateral or other amounts due under this bond. Regardless of the number of extensions of thin
bond,the agga-egato liability of the Surety is limited to the penal amount crud shall not be cumulative,
No right of action shall accrue on this bond to or for the use of any person,governmental entity ar corporation other than
the Obligee, Any suit under this bond must be instituted before the expiration of one(1)year from the first occurrence date
of any event that fbrrris the basis for the material service default underlying the Conditions Precedfmt unle,,r;such limitation is
prohibited by the law controlling the,construction hereof,such limitation shall he deemed to be amended so as to be equal to
the rninitnum period of limitation permitted by such law,
Signed rand scaled on 1Dr,=mber G,2010
ATTEST: STA7'I lZ^ 13ROS MARKETS, a Califorrria(SF,AL)
(IFC:�rneir�lc)
029
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A.M'SST�44 rT. LITY ANS)DEPOSIT COMPANY OF MARYLAND
Kith Herediay VicEc7ri h Can� bll�Attoxne Ft►Gt
C329
Dec OG 2010 16:20:21 PST MSG# 09350434-OOG-1 Page 004 Of OOG
CALIFORNIA ALL-KRPOSE AcKNowu&DGMENT
C, f
State of. California
County of w Orancie
On _Qgcomber 6, 0,1, ribefore me,{�j�Heredia,„Notary Publip__._
DATE NAME,'rl1I.,E Ok OFrICf~R-Ir, „'JANE 56E,NOTARY PUBLIC'
personally appeared Victoria M. CaMDbell who
proved to me on the basis of satisfactory evidence to be the person(e)whose names.(a) islare
subscribed to the within instrument and acknowledged to me that#elshelthey executed the same in
Ns/her/heir authorized capacity(les), and that by#Is/her/th&signature(s) on the instrument the
person(s,), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the flaws of the State of California that the foregoing
paragraph is true and correct,
KIM HEREDIA q WITLESS my hand and official seal,
COMM,417670S0
NOTAN V PLIOLIC-CALIPMNtA
ORANGE COUNTY C>
Mr Comm,exmms July 14,"1 t
,hIgTURE OF NOTARY
OPTIONAL
Though tho data below io not rdgairad by law,it may prove valuable to parsons relying on the document and Gould ProVerit fraudulent reattachment of this form. _
CAPACITY CLAIMED BY SIGNED DESCRIPTION OF ATTACHED DOCUMENT
❑INDIVIDUAL
❑CORPORATE OFFICER
TITLE OR TYPIE OF DOCOMEW
TITLE($)
® PARTN5R(S) ❑ LIMITED
❑ GENEAAL
NUMBER OF PACES
ATTORNEY-W,F.ACT
❑ TRUSTEE(5)
❑ GUARDIANFCONSERVATOR DEC 0 6 2010
❑ OTHER: u.. .
----- .— DATEOFDOWMEN7
SIGNER I$REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IGS)
Eod li4 I7 D O� f i land SIGNER(S OTHER THAN NAMED AROVE,
Dec 06 2010 16:20:44 PST MSG# 09359434-006-1 Page 005 Of B86
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY TI-MSE PR1:,SENTS:1hat the FIDBU 9Y AND 17YTOSI COMPANY OF M. R'YLAND,a
corporation of the Srate of_1+Iaayland,by WILLIA:M J.MILLS,'Vice President,and GI7EGORY E.MURRAY,Assistant
Secretary,in pursuance of mtthority Wanted by Arliclo V'l,&zicon 2,of the 3y-1_,aws of said C �.uy,which are set forth on
the reverse side hereof`aild are hereby carlifled to be in fall force and effect oil the;dq iro s�zereby, nominate,
constitute wid appoint'Victoria M.CAYNBELL,Khn IEREDIA ang �r, o1"Irvine,California,
---
EACH its true and lawful rt etit grid �ttorrtey�in-Fae;t,ter anal r � re a N(�'behalf as surety,and
as its act and deed: any.and all bonds and undert , ecir # or urtclertakings in pursuance of
thesn.larr sezltq,shall be as binding Upon^�` 41*2 W d " i cots,and purposes,as if they had.been
duly executed and ackriowled r ele at its oficcs lri laliiiirortr lvld. its their
y P y
awzi arc}p@r persons r f on behalf of Victoria M.,CAMP'BELL,Maria i uisa It
. AQURjA T flu .Ri
The said As iistavt �by certify that the extraot set forth on the reve rsm silo hereof is a true copy of Article'V1,
Section 2,oflhe By-1 s s d Company,and is now in force.
IN WI'l'NIrSS WHEREOF, the said 'Vice-President and Assistant Secretary have hereunto subsc€ibed their names and
affixed the Corporate Sept of the said FIDELITY AND DEPOSIT CWTIANY OF MARYLAND,tbis':24tb day of February,
A,D.2009,
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
q Di,AD�
,y� s
s �
i At
By.
' Gregory E.Murray assistant Secretary A-illfam J tYftlls Vice President
;hate of Maryland ss:
City of Baltimore
On this 24th d-ay of February, A.D. 2009, before the subscriber, a Notary Public of tine Strata of MaFyland, duly
coixr xiissioncd and qualified,came WH.,I.,IA.M J.MILLS,Vice Presidert,and GRFGORY B.MURRAY,Assistant Secretary
of the VIDEY.,'=AM)DFPOSIT COMPANY Or MARYLA-►-W,to me personally known to be the individuals an of lcexs
described in and who executed the preceding instrument,and they each acknowledged the execution eoCthe same,and being
by nee duly sworn,sevezilly and each for himself deposeth and saith,that they are the said officers of the Compo y aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their si.oiatures as such officers were duly affixed ttud srabscribed to the said insti um..ent.by the;authority and direction of
the said Corporation.
IN IT'.STIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
• :..fir�e�;l% {''^.
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•i,�(l.AYjj0.ir'�iV
/l/11411111�
constunccra.Punn Notary Public
My Commission Expires: July 14,2011
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POA-P 012.8123K
Dec 06 2010 16:21:15 PST MSG# 04350434-006-1 Page 006 Of 006
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI,Section 21, The Chairman of"the Board, or the President,or any Executive Vice-President,or any of the Senior
Vice-Presidents or Vico-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power,by and with the concurrence of the Secretary or any one of the Assistant Secretaries,to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bands, undertaking, recograizances, stipulations,
policies, contracts, agreements,deeds, and releases and assigments of.judgements, decrees, mortgages and instruments in
the nature of mortgages,..,and to affix the teal of the Company thereto,"
CERTIFICATE
1,the amdorsigned,Assistant Secretary of the FIDELITY AND DBPOSIT COMPANY O'1°MARYLAND,do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this eertiflcate,and I do fimrther certify that
the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized
by the Board of Directors to appoint any Anorney-in-Tact as provided io Article VI, Section 2, of the By-Jaws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, 7
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following.resolution of the
Board of Directors of the FIDBI..ITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 106 day of May, 1990.
RESOLVED_ "17aat the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the C;ortapany, whether inado heretofore or
hereafter,wherever-appearing upon .a certified cony of any power of att:omey issued by the Catnpany, shall be valid and
Binding upon the Company with the same force and effect as though mznimlly affixed."
1N TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this day of __.DEC a 6 2010
• �Lcsislmii SeCr�la�y
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