1965-1025_COUNTRY LAND COMPANY_Agreement (Sewer)AGREEMENT
THIS AGREEMIENT, made and entered into this.. 4 of , 194T�
by and between C er�nl`i �j .Z�d' (,oncp.tn�, $ �a� �•,arS��%b
hereinafter designated as SUBDIVIDER and the CITY OF SAN JUAN CAPISTRANO, a body
politic of the State of California, hereinafter designated as CITY:
WITNESSETH:
WHEREAS, the SUBDIVIDER has prepared and offered for acceptance by the CITY a.
final map of Tract No. 6038 in the City of San Juan Capistrano, County of Orange,
and
WHEREAS, the SUBDIVIDER, as a condition of approval of said map by the CITY,
is required to construct or agree to construct certain improvements, and
WHEREAS, the installation of the sewer system as shown on the Plans in con-
nection with the improvements for said Tract No. 6038 requires the installation
of the sewer system as shown on said Plans,
NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows:
In consideration of the approval of said final map by the CITY, the SUBDIVIDER
agrees:
1. That the SUBDIVIDER will at the sole cost and expense of the SUBDIVIDER
construct and install all of the sewer system shown and delineated upon the "Plans
for Street Improvements including Street Lighting System, Domestic Water System and
Sanitary Sewers 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 including
Street Lighting System, Domestic Water System and Sanitary Sewers of Tract No. 6038 "
are hereby referred to and made 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
Fourteen Thousand, Five Hundred. ($14,500.00) Dollars
said bond to be approved by the CITY, or in lieu of said bond, to deposit with
-1-
46
the CITY a sum of
Fourteen Thousand, Five Hundred ($149500) Dollars
to assure the faithful performance of this Agreement.
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 of 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
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 SUBDIVIDER 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
4
shall complete said work within days from the date of said approval.
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,
i the day and year in this instrument first above written.
01
®'
COUNTRY LAND COMPANY, a Partnership
ATTEST: BY: 0112999�e aQ
f (� BY:
E4 A. Thompson
City Clerk and ex -officio C11rk of said
City Council
..2.
TO ♦42 G
(Partnership)
STATE OF
SS.
COUNTY(
before me, th undersigned, a Notary Public in a�/a,re
nd for said State, personally app d_
As./Q� Oi1i¢,c�CPt Y t i
M
known to me
to be -7-14e of the partners of the partnership
that executed the within instrument, and acknowledged to me
that such partnership executed the same.
WITNESS myhandand official seal. e
Signature -
;J ILGMORGAN J. KILGORE
rne 1 n
61oCe mii¢Inn FertIS ISM NOTARY PUBUC-CALIFORNIA
Name (Typed or Printed) PRINCIPAL OFFICE IN
ORANGE
ana mr
* d N o . 5-479 6897
FIREMAN'S FIREMAN'SFUND............ PAN.
KNOW ALL MEN BY THESE PRESENTS:
That Country hand Company, a Partnership , as Principal and
the undersigned surety, a corporation, licensed to transact a surety business in the State of
California, as Surety, are held and firmly bound unto the City of San Juan Capistrano
, State of California, in the penal sum of N 'THOUSAND,
FIVE HUNDW AMID NO 100 - - - - - - - - ($14,500.00 - - ) 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
WHEREAS, the said map of
and
ows said property described as
Tract No. 6038, located in the City of San Juan Capistrano
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 noun-ry "= u0=&of said subdivision before said map may be a
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 Sever System
of said subdivision k
said map rridy be accepted, and
WHEREAS, said Principal proposes at its own cost and expense to improve said Sever Syatem
within the limits of said subdivision before 191 in accord-
ance with the following:
360026-4-.65
THE AMERICAN INSURANCE CO. PANV
FUND
NATIONAL SURETY CORPORATION
ASSOCIATED INDEMNITY CORPORATION
0 AMERICAN
AMERICAN AUTOMOBILE INSURANCE COMPANY
INSURANCE COMPANIES
HOMEOFFICE: SAN FRANCISCO, CALIFO RNIA
SUBDIVISION
BOND
That Country hand Company, a Partnership , as Principal and
the undersigned surety, a corporation, licensed to transact a surety business in the State of
California, as Surety, are held and firmly bound unto the City of San Juan Capistrano
, State of California, in the penal sum of N 'THOUSAND,
FIVE HUNDW AMID NO 100 - - - - - - - - ($14,500.00 - - ) 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
WHEREAS, the said map of
and
ows said property described as
Tract No. 6038, located in the City of San Juan Capistrano
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 noun-ry "= u0=&of said subdivision before said map may be a
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 Sever System
of said subdivision k
said map rridy be accepted, and
WHEREAS, said Principal proposes at its own cost and expense to improve said Sever Syatem
within the limits of said subdivision before 191 in accord-
ance with the following:
360026-4-.65
NOW, THEREFORE if the said Country Land Company, a Partnership
owner of said Yraet No. 603
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
day of October 19..
Premium: $218.00
1r 360026-4-65
COUNTRY LAPD? C0MPANY, a Partnership
BY: CG%
Principal
RBB AMMICAN INSURANCE 6CNPANY
Surety
B / _
Attomey-ih-Fact
Robert B. Livingston
U �
U
1�
W
R
W
x
W
6
t -
a
TO 442 C
(Partnership)
STATE OF
COUNTY
SS.
before me, the undersigned, a Notary Public in and for said State, personally appeared
to be r/424� 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.
nature—
. MURGAN
//�4
ILGOW'o
Name (Typed or Printed)
State of Californiaes.
9,_ County of 109 ANGELA
to me
MORGAN J. KILGORE
NOTARY PUBLIC—CALIFORNIA
'� PRINCIPAL OFFICE IN
ORANGE COUNTY
tftk ana M we" aahAal art/
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, peraonally appeared Robert B. Living/ton
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 some.
IN WITNESS WHEREOF, I have
- My Commission Expires February 10,
111y Commission $xpir
l r
02/14--411116,a11110
OFFICIAL SEAL
WILHEMINE E. SMITH
IT�RY PUBLIC . CA IL FORP
PRINCIPAL OFFICE IN
LOS ANGELES COUNTY
the day and year stated in this certificate