1983-0613_CRAIG DEVELOPMENT CORP_Staff MemoMEMORANDUM
TO: Bill
FROM: Mary Ann
DATE: June 13, 1983
SUBJECT: Grading Bonds - Tracts 8087 and 8319
Council authorized release of the bonds for the Meredith Tracts
8087 and 8319. We have a list of the public improvements bonds;
however, we still need grading bond numbers, amounts, etc. from
Building and Safety prior to release and for inclusion in the
Minutes.
Can you help,us?
fu.,111
PERFORMANCE AND PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, HILLSIDE REPAIR, INC., of 2881 LaCresta,
Anaheim, California 92806 (hereinafter called the Principal),
as Principal, and KENNETH CHARLES DEPPE, of 18502 Gramercy
Street, Santa Ana, California 92707 (hereinafter called the
Surety), as Surety, are held and firmly bound unto MEREDITH
HOMEOWNERS ASSOCIATION (hereinafter called the Owner), and
unto THE CITY OF SAN JUAN CAPISTRANO, in the sum of $500,000.00
lawful money of the United States of America for the payment
whereof the said Principal and Surety bond themselves, their
heirs, executors and administrators, successors and assigns,
jointly and severally firmly by these presents.
THE CONDITION of this obligation is such, that
WHEREAS, the Principal has entered into a written
contract dated August 8, 1983, with the Owner for the repair
of certain hillside failures within the Meredith Homeowner
Association boundaries, a copy of which is or may be attached
hereto.
NOW, THEREFORE, if the Principal shall faithfully
perform the work contracted to be performed under said contract,
and shall pay, or cause to be paid in full, the claims of all
persons performing labor upon or furnishing materials to be
used in, or furnishing appliances, teams or power contributing
to such work, then this obligation shall be void; otherwise
to remain in full force and effect.
This bond is executed for the purpose of complying
with the laws of the State of California as contained in Sections
3096, 3225, et seq., Civil Code, and this bond shall inure to the
benefit of any and all persons who perform labor upon or furnish
material to be used in, or furnish appliances, teams or power
contributing to the work described in said contract, so as to
give such persons a right of action to recover upon this bond
in any suit brought to foreclose the liens provided for by the
laws of the State of California, or in a separate suit brought
on this bond. No right of action shall accrue hereunder to or
for the use of any person other than the Owner except as such
right of action may be given by the Mechanics' Lien Laws of the
State of California to persons performing labor or furnishing
materials, appliances, teams or power as aforesaid. The total
amount of the Surety's liability under this bond, both to the
Owner and to persons furnishing labor or material, appliances,
teams or power, shall in no event exceed the penalty hereof.
The Principal and Surety further agree to pay all
just claims of laborers arising under said contract, within
two (2) weeks after demand and to waive the filing of lien
claims or giving written notice by Statute as a condition
to bringing suit to enforce the same.
SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS:
FIRST: That in the event of any default on the
part of the Principal, written notice thereof shall be given
to the Surety as promptly as possible, and in any event within
ten (10) days after such default shall have become known to the
Owner or to any representative of the Owner authorized to
supervise the performance of said Contract. If the Principal
shall abandon said contract or be compelled by the Owner to
cease operations thereunder, the Surety shall have the right
to proceed or procure others to proceed with the performance
of such contract, and all reserves, deferred payments and other
moneys provided by said contract to be paid to the Principal
shall be paid to the Surety at the same times and under the same
conditions as by the terms of said contract such moneys would
have been paid to the Principal had the contract been performed
by the Principal, and the Surety shall be entitled thereto in
preference to any assignee of the Principal, or any adverse
claimant, but if the Owner shall complete or relet the said
contract, all reserves, deferred payments and other moneys
remaining after payment for such completion, shall be paid
to the Surety or applied as it may direct to the settlement of any
obligation incurred hereunder.
SECOND: That no suit, action or proceeding by
the Owner to recover on this bond shall be sustained unless the
same be commenced within six months from the completion of said
structure or work of improvement, as "completion" is defined
in Section 3086 of the Civil Code of California. Any notice
to the Surety may be addressed to or served upon it at the address
imprinted on the bank of this bond.
IN WITNESS WHEREOF, the seal and signature of said
Principal is hereto affixed and the name of said Surety is
her -o affixed at Anaheim, California, this,3/df day of
1983.
HILLSIDE REPAIR, INC,. Pr.!-bcin,
M
Individually
2.
STATE OF CALIFORNIA
couNTv of ORANGE 1
f SS.
On this the :3 / �tr day of . _ 19 -8 3, before
me, the undersigned Notary Public, infland for said County and State,
personally appeared --.------ ---- -
KENNETH CP.ARLES DEPPE___--___
proved to me on the basis of satisfactory evidence to be the persons)
whose name(s) 1 S subscribed to the within,
Instrument, and acknowledged that he
executed the same.
WIN
FOR NOTARY SEAL OR STAMP
OFFICIAL StA'
SANDRA HORDLEY
;zn
)� NOTARY PUBLIC — CALIFORNIA
* A„j�y/PRINCIPAL OFFICE IN
ORANGE COUNTY
My Commission Expires September 21, 1984
FOR NOTARY SEAL OR STAMP
OFFICIAL SEAL
SANDRA HOADLEY
NOTARY PUBLIC — CALIFORNIA
PR�NGFAL OFFICE IN
ORANGE COUNTY
( My Commission Expires September 21, 1984
go
STATE OF CALIFORNIA 1
SS.
COUNTY OFA) .Orange.
On this the -V, day of __ _ cCa�` 19_83betore
me, the undersigned Notary Public, in nd for said County and State
personally appeared
a
in
proved to me on the basis of salt sjctory evidence to he the
President, and ri&- LT/
A
4
proved to me on the basi& of satisfactory evidence to be
-Soeretafy, of the corporation that executed the within instrument on behalf
of the corporation therein named, and acknowledged to me that such
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4
corporation executed the within Instrument pursuant to its by-laws or a
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m
resolution of it's board of directors.
ca
N
Signature
WIN
FOR NOTARY SEAL OR STAMP
OFFICIAL StA'
SANDRA HORDLEY
;zn
)� NOTARY PUBLIC — CALIFORNIA
* A„j�y/PRINCIPAL OFFICE IN
ORANGE COUNTY
My Commission Expires September 21, 1984
FOR NOTARY SEAL OR STAMP
OFFICIAL SEAL
SANDRA HOADLEY
NOTARY PUBLIC — CALIFORNIA
PR�NGFAL OFFICE IN
ORANGE COUNTY
( My Commission Expires September 21, 1984
go
�I [I_G� • I'U.SINF.S8 OYFICB (714) 730.0471
CRAIG DEVELOPMENT CORP.
660 NEWPORT CENTER DRIVE, SUITE 1560
NEWPORT REACn, CALIFORNIA 02000
October 17, 1977
Planning Department
City of San Juan Capistrano
San Juan Capistrano, Calif.
Re: Cash Deposit
Meredith Canyon Landscaping
Gentlemen:
.Enclosed certified check made payable to the City of
San Juan Capistrano in the amount of $10,000.00, is hereby
deposited with the City. The purpose of this cash deposit is
to insure compliance with the City requirements and project
conditions of approval relative to landscaping of major slopes
in Tracts 8087 and 8319. Craig Development Corp. hereby author-
izes the City of San Juan Capistrano to hold these funds until
such time as the homeowners association in Tracts 8087 and
8319 have assumed control of their homeowners association.
It is my understanding that at the time of homeowner
assumption of control of the homeowners association, the City,
upon request of the developer, will make an inspection of the
major slopes covered by the cash deposit. In the event that
the City determines after said inspection that all such land-
scaping is planted and maintained in accordance with the approv-
ed landscaping plans, the City will return all of the $10,000.00
hereby deposited. In the event that the City determines that
additional corrective work is necessary, the City will so notify
Craig Development Corp. Should Craig Development Corp. fail to
commence such corrective work within 14 days of notification
by the City and pursue diligently the same until completed, the
City is hereby authorized to spend any or all of the funds here-
with deposited for the purpose of making such corrective work.
Very truly yours,
CRAIG DEVELOPMENT CORP.
p! r L'*
__. ,.''-u 3 &Cha/"OPA. filer ei�L
OCT IT 1977> Vice President
Enclosure { _ CITY OF
:.AN JUAN CAMTRANO 4
CSUFUnWA
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