1965-1025_COUNTRY LAND COMPANY_Agreement (Streets)AGREEMENT
THIS AGREEMENT, made and entered into this vj�1 day of 44414
/ 19/1Q4
by and between �P0,9UYrRY )AYC
V
hereinafter designated as "SUBDIVIDER" and the CITY OF SAN JUAN CAPISTRANO, a body
politic of the State of California, hereinafter designated as "CITY":
W I T N E S S E T H:
WHEREAS, the SUBDIVIDER has prepared and offered for acceptance by the CITY :l
final map of Tract No. 6038 in the City of San Juan Capistrano, County of Grange,
and
'61M AS, the SUBDIVIDER by said map offers for dedication to the CITY for
public use the streets and easements as shown on said map, and
WHEREAS, the SUBDIVIDER. desires the CITY to accept the streets and easements
shoran on said map for public use.
NOW, THEREFORE, IT IS AGREED by and between the Parties hereto as follows:
In consideration of the acceptance of the streets and easements shown on the
.final map of Tract No. 6038 , City of San Juan Capistrano by the CITY, the SUB_
DrdIDEIt does hereby agree:
1. That the SUBDIVIDER will at the sole cost and expense of the SUBDIVIDER
construct and install all of the street improvements of Tract No. 6038 " now on
file in the office of the City Clerk of the City of San Juan Capistrano; said
"Plans for Street Improvements of Tract No. 6038 " are hereby referred to and
mads a part of this Agreement as though fully set forth herein.
2. To secure the faithful performance of this Agreement, the SUBDIVIDER.
agrees to furnish to the CITY a good and sufficient bond executed by a corporation
authorized to transact surety business in the State of California in the sum of
Fifty Five Thousand ($55,000.00) Dollars
:aid bond to be approved by the CITY or in lieu of said bond to deposit with the
CITY a sum of Fifty Five Thousand ($559000.00) Dollars
to as -ie the faithful performance of this Agreement.
N.
3. It is mutually agreed that the work herein required to be done by the SUB-
DIVIDER shall on the written request of the SUBDIVIDER made to the City Engineer
be inspected by him and if found to be in order, accepted as it progresses. In
such case the SUBDIVIDER shall be entitled to a partial refund of money deposited
to secure faithful performance, in a sum in the same ratio to the total money
deposited as the work accepted bears to the total work to be done, provided that
the CITY'S Engineer has first certified to the City Council the amount of work
completed and to be accepted and the amount of partial refund to which the SUB-
DIVIDER is entitled and the City Council approve such refund and further provided
that no refund in excess of Eighty-five percent (85%) of the total amount of the
original deposit shall be made until all of the work is completed and accepted.
4. The SUBDIVIDER agrees to commence the construction and installation of
said improvements within 180 days from the approval of said map by the CITY and
shall complete said work within days from the date of said approval.
This agreement is entered into pursuant to the provisions of Div. 4, Pt, 2,
Ch. 2, Art, 9 of the Business and Professions Code of the State of California.
IN WITNESS WHEREOF, COUNTRY LAND CO„ a Partnership
has executed these presents as the SUBDIVIDER, and the CITY OF SAN JUAN CAPISTRANO
has caused these presents to be executed by the Mayor of the City Council and
attested by the City Clerk and ex -officio Clerk of the City Council, as the CITY,
the day and year in this instrument first above written.
ATTEST:
City Clark and ex -officio Clerrc of said
City Council
CAPISTRANO
S
COUNTRY LAND COMPANY, a Partnership
-2-
TO 442 C
(Partnership) `�
STATE OF CALIF RNIA
SS.
COUNTY OF
On 1(2-7 96C.P o�d� 70
before me, t e undersigned, a Notary Public in and for said State, personally app ed
known to me
to be %/,[ of the partners of the partnership
that executed the within instrument, and acknowledged to me
that such partnership executed the same.
WITNESS my hand and official seal.
SignaturF,/L��ty-�1 / �H/`� MORGAN J. KILGORE
/MORGAN ' : KILGORE NOTARY PUBLIC ---CALIFORNIA '
Name ype or n• , 1%9 PRINCIPAL OFFICE IN
- ORANGE COUNTY
(M w W 941010I W10 NY)
19 d N o . s-479 6896
/ FIREMAN'S IFIREMAN'S FUND INSURANCE COMPANY
THE AMERICAN INSURANCE COMPANY
FUND NATIONAL SURETY CORPORATION
® ASSOCIATED INOEM NITY CORPORATION
O
AMERICAN AMERICAN AUTOMOBILE INSURANCE COMPANY
INSURANCE COMPANIES HOMEOFFICESAN FRANCISCO. CALIFORNIA
SUBDIVISION BOND
KNOW ALL MEN BY THESE PRESENTS:
* That Country Land Coapana Partnership
the undersigned surety, a corporation, licensed to transact a surety business in e
California, as Surety, are held and firmly bound unto the City of San Juan Capistrano
{ , State of California, in the pennoI sum ofF�Y FIVE THOUSAM
AMID Id0 100 - _
- - -- - - - - -%55,000 - ) DOLLARS, for the pay -
ment of which sum well and truly to be made, we bind ourselves, our heirs, executors, succ-
essors and assigns, jointly and severally by these presents.
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That whereas said Prinicpal, the
owner of a tract of land representing a subdivision entitled
intends to file a map thereof with the County Recorder of the County of Orange
and
t WHEREAS, the said map of Country Land Company, a Partnership
r shows said property described as follows:
Tract No. 6038, located in the City of San Juan Capistrano
r
on which said Principal desires to construct improvements and petition the City of San Juan
Capistrano to accept the improvements and to
approve said map of Country Land Company, a Partnership
of said subdivision before said map may be accepted, and
WHEREAS, it is required by the subdivision Map Act of the State of California, in effect
August 27, 1937, that said City of San Juan Capistrano
require a bond conditioned for the improvements of Streets
of said subdivision before
h said map may be accepted, and
WHEREAS, said Principal proposes at its own cost and expense to improve said Streets
within the limits of said subdivision before 19, , in accord-
ance with the following: I ,
360026-4-65
NOW, THERE
owner of said
if the said Country Land Company, a Partnership
W,_ Cn'A
and as Principal named in this bond, shall well and truly cause said
improvements within the limits of said subdivision to be improved as hereinbefore specified, then
this obligation shall cease and be void, otherwise, it shall remain in full force and effect, and
the Surety on this bond binds itself to said City of San Juan Capistrano ,
to the amount of the hereinabove stated penal sum, that said property shall be improved in accord-
ance with the hereinabove stated provisions.
IN WITNESS WHEREOF, said Principal has hereunto set its hands and seals, and said Surety has
caused these presents to be executed by its officers thereunto authorized this 25th
4 day of October 19 b5
{ COi3NVIC` LAPID COMPANY, a Partnership
f BY:
Principal
THE AMERICAN INSURANCE'COMPANY
T
Surety
t. Attommy-iih-Faet
Robert B. Livingston
Premium: $825.00
360026-4-65
State of Cplfornm
County of LOS Al%G" ss'
On the 25th day of October, 1965 , before me, a Notary Public in and for said County and State, residing
therein, duly commissioned and sworn, personally appeared Robert B. Livingston
known to me to be Attorney -in -Fact of THE AMERICAN INSURANCE COMPANY ,
the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed
the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereuni
My Commission Expires February I0,
2969
C My Commission Expire•
tial
OFFICIAL SEAL
WILHEMINE E. SMITH
PRINCIPAL OFFICE IN
LOS ANGELES COUNTY
the day and year stated in this certificate
17 /J
Notary
TO Mac
(Partnership)
STATE OF CALIF RNIA
C �QJ SS.
r COUNTY QF e/��%��e
before mes the undersigned, a Notary Public in and for said State, personallyppeared
.�
Is
W
Is x known to me
to be �/1 of the partners of the partnership
6
f that executed the within instrument, and acknowledged to me
m that such partnership executed the same.
WITNESS my hand and official seal.
Sfgnat40
:OR MORGAN J. KILGORE
MOR J. KIL RE RIP, 12At NOTARY PUBLIC—CALIFORNIA
ams ype o n. . I%9 PRINCIPAL OFFICE IN
I ORANGE It.;r7r