1978-0801_DAKIDES, FRANKLIN E_Subdivision AgreementRECORDING REQUESTED BY AND WHEN RECORDING FEES EXEMPT DUE TO
.RECORDED RETURN T� GOVERMNT CODE SECTION 6103
CITY OF SAN JUAN STRANO
Office of the City Clerk 1967
32400 Paseo AdelantoMA YR` -ANN VNTOVERj'City Clerk
San Juan Capistrano, CA 92675 San Juarl,,Capistrano, California
EXEMPT D.L. No. 7',-5
C 4
SUBDIVISION AGP,EE?4ENT s
-J
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N
THIS AGREEMENT, made pursuant to the provisions of Division 2
of Tiele 7 of the Goverri.ment C de of the State of California, ay and
between the CITY OF SAN JUAN CAPISTRANO, A Mun.i.cipai Corporation
hereinafter called the "City" and
FRANKLIN E. DAKIDES
whose mailing address is 25012 Nellie Gale Road RECORDED IN OFFICIAL RECORDS
Laguna Hills, CA 9265 OF ORANGE COUNTY, CALIFORNIA
hereinafter called the "Subdivider." I 15 P'n 1 PMAUG 1 ,1978
WITNESSETH:
THAT, WHEREAS, Subdivider has
of the City, a tentative parcel map
as D.L. 77-5 which has been
Council,and
LEE A. BRANCH, County Recorder
filed with the Planning Commission
for a proposed subdivision, known
conditionally approved by the City
WHEREAS, Subdivider desires to postpone the public and private
improvements required as a condition of approval of said tentative
parcel map until a time subsequent to the acceptance and recordation
of the parcel map of s, -id, Subdivision, by entering into an agreement
and providing the improvement security required to assure the furnishing
and installation of said improvements within the time herein provided.
NOW, THEREFORE, in consideration of the premises and the approval
of the parcel map of said subdivision and the.postponement of the time
to install such improvements, and to satisfv the said condition of
the approval of the said tentative parcel map, the Subdivider hereby
undertakes, promises and agrees as follows:
1. Subdivider will, at his (its) own cost and.expense, improve
said D.L. by doing all work and providing and furnishing all labor,
materials and equipment and making all installations shown on.the
improvement plans signed and approved by the City Engineer and specified
by the Specifications of the City of San Juan Capistrano, which plans
and specifications are on file in the office of the City Engineer and
incorporated erein by reference, including but not limited to, ail
grading work, paving of all streets, alleys and public service easements,
construction of concrete curbs, gutters, cross -gutters and sidewalks,
installation of storm drainage and sanitary sewerage facilities,
installation of undergrodind conduit street lighting system, the
installation of all street name signs, and the supplying and planting
of all parkway trees, together with the installation of all appur-
tenances, cohtincencies and the furnishing of all engineering costs
and services to de and complete said work, and to do and complete all
other acts and obligations required by the City as condition of the
approval of the ten!: tivc subdivision. For purposes of this agreement,
the City Engineer s^.all determine the estimated costs of said improvements
to be used for Surety d^vices as required herein.
2. Subdivider ::ill., at his (its) own cost and expense, provide
and install all cn-sito and off-site wator mains and w1 ; urte:la:.cd s:
and will provide all l::L.nr and material to connect the same to existing
mains and facilitit: o rile Or.liio County Raterworks District »4, an;.?
w:jll comply with all of the requirement., of said District, and with rho
1111,.ns aria sroci icatlOns for Said work s gnod by, and. On rile In the
aifi'ice of the Manager of said District, incorporated herein by reference.
3. Suhdivider acire es to pay all applicable fees assikIIWd1 b}• City.
For purposes of this agreement., applicable fens shall be ticfineti as J L
fens 'that may be legally assessed through City's ordin:nires and :esol.u-
ti0:1:1 IIS COnditiOns OL a1)1)h'0viIIq :;ubLlivider's subd..ivision and propond`dl
imhroveuiellLs.
-1-
5. Subciivi.der shall. furnish two good and sufficient bonds in
accordance. with the provisions of Chapter 5 of Division 2 of Title 7 of
the Government Code, said bonds to be in the amounts and for the following
rl l4'L iJU Sti3: ',nj [.1! 11 M)::.:L �.':o t,.- i:Gt&1 %:L..[nat^'� crst cf the said work
and improvements to be dedicated to City, conditioned upon the faithful
performance of this agreement, and (b) an additional amount equ-il to the
total estimated cost of the said work and improvements to b:c dedicate"
to City securing payment to the contractor, his subcontractors, and to
persons renting equipment or furnishing labor or materials to them for
the improvements.
6. The City Engineer of the City of San Juan Capistrano may make
such changes, alterations or additions to the plans and specifications
for said work, and improvement which do not exceed ter. percent (108) of
the total estimated cost set forth in Item 4 above, as may be determined
necessary and desirable by him for the proper completion of said work and
improvement or as required for the safety and welfare of the public and no
such changes, alterations or additions shall relieve the Subdivider from
the faithful performance of this agreement.
7. Subdivider agrees to complete all of said work and improvement
and to pay all costs specified herein within a period of 365 days
from the date hereof.
8. It is agreed by and between the parties hereto that in the event
it is deemed necessary to extend the time of completion of the work and
improvement to be done under this agreement, said extension may be
granted by the Citv Council of the City of San Juan. Capistrano or its
duly authorized officer, and shall in no way affect the validity of
this agreement or the obl.igatic s hereunder. Fronds furnished hereunder
shall be kept in full force and effect until said work and improvements
shall be deemed complete, approved and accepted as completed by said
City Council unless the same are reduced.
9. Subdivider agrees that City may, without any notice, and at
its sole option, at any time after the said time for completion has
passed, complete,.or cause to be completed, all or any part of 'the said
work, and Subdivider shall pay to said City, upon demand, all of the
cost of any of said work done by the City, its agents and contractors, or
any of them, to complete all or any part of said work.
10. Subdivider agrees to pay City such sum as the Court may adjudge
as 'reasonable for the legal services of anv attorney representing the
City in any action brought to enforce or interpret the obligations of
this instrument, and such sum shall be made a part of any judgment in
such action aaainst the Subdivider if such action is determined in favor
of the said City.
11. City, its officers and employees, except for their own acts,
shall not be liable or responsible Ear any accident, loss or damage
happening or occurring to the improvements specified in this agreement
prior to the completion and acceptance of said improvements by the City.
12. At all times from the acceptance by the City Council of the
dedlcati ils erfored on tho f i:,21 ,aid tract to Liie completion
and acceptance of the improve:mcnts describod herein, Subdivider shall
perform a"1 ti.ork in.a sofe, workmanliko manner and shall take such
precautions z.- may be necessary to warn and protect the public from any
dangcrouz <-oc;c.ition caused by the construction of said improvements.
13. Stlbdi\'Sider shall hold City, its officers and employees harmless
from any and :;1 cl.`in`.s, dom.inds, causes of action, liability or lo:,s
of any sort becauso of, or ari:.ing out: of, t:he acts or omissions of the
Subdivider, his contractor, suhcontractors, agents or employees in the
performance of this alireement.
-2--
.
ar 12782Pc 1263
t;Cv,u
and
:-;ufi i i_er.t bund in
: ovi.r;ions ai Chnl +.._
5 of
Di.ViSi011 2 ot: Title 7 of
[
r
[0Si(Allit % quill to the t o; -iii.
estin:,'lt.r '.
c; ' i -:orb aiid improvea:cnt:;
not to
be dedicated to Cit , but
inspecte6 ;;y ".i.ty
personnea. f'a.id bond
shall.
be conditioned upon faithful
performance of
cl;is acireument.
5. Subciivi.der shall. furnish two good and sufficient bonds in
accordance. with the provisions of Chapter 5 of Division 2 of Title 7 of
the Government Code, said bonds to be in the amounts and for the following
rl l4'L iJU Sti3: ',nj [.1! 11 M)::.:L �.':o t,.- i:Gt&1 %:L..[nat^'� crst cf the said work
and improvements to be dedicated to City, conditioned upon the faithful
performance of this agreement, and (b) an additional amount equ-il to the
total estimated cost of the said work and improvements to b:c dedicate"
to City securing payment to the contractor, his subcontractors, and to
persons renting equipment or furnishing labor or materials to them for
the improvements.
6. The City Engineer of the City of San Juan Capistrano may make
such changes, alterations or additions to the plans and specifications
for said work, and improvement which do not exceed ter. percent (108) of
the total estimated cost set forth in Item 4 above, as may be determined
necessary and desirable by him for the proper completion of said work and
improvement or as required for the safety and welfare of the public and no
such changes, alterations or additions shall relieve the Subdivider from
the faithful performance of this agreement.
7. Subdivider agrees to complete all of said work and improvement
and to pay all costs specified herein within a period of 365 days
from the date hereof.
8. It is agreed by and between the parties hereto that in the event
it is deemed necessary to extend the time of completion of the work and
improvement to be done under this agreement, said extension may be
granted by the Citv Council of the City of San Juan. Capistrano or its
duly authorized officer, and shall in no way affect the validity of
this agreement or the obl.igatic s hereunder. Fronds furnished hereunder
shall be kept in full force and effect until said work and improvements
shall be deemed complete, approved and accepted as completed by said
City Council unless the same are reduced.
9. Subdivider agrees that City may, without any notice, and at
its sole option, at any time after the said time for completion has
passed, complete,.or cause to be completed, all or any part of 'the said
work, and Subdivider shall pay to said City, upon demand, all of the
cost of any of said work done by the City, its agents and contractors, or
any of them, to complete all or any part of said work.
10. Subdivider agrees to pay City such sum as the Court may adjudge
as 'reasonable for the legal services of anv attorney representing the
City in any action brought to enforce or interpret the obligations of
this instrument, and such sum shall be made a part of any judgment in
such action aaainst the Subdivider if such action is determined in favor
of the said City.
11. City, its officers and employees, except for their own acts,
shall not be liable or responsible Ear any accident, loss or damage
happening or occurring to the improvements specified in this agreement
prior to the completion and acceptance of said improvements by the City.
12. At all times from the acceptance by the City Council of the
dedlcati ils erfored on tho f i:,21 ,aid tract to Liie completion
and acceptance of the improve:mcnts describod herein, Subdivider shall
perform a"1 ti.ork in.a sofe, workmanliko manner and shall take such
precautions z.- may be necessary to warn and protect the public from any
dangcrouz <-oc;c.ition caused by the construction of said improvements.
13. Stlbdi\'Sider shall hold City, its officers and employees harmless
from any and :;1 cl.`in`.s, dom.inds, causes of action, liability or lo:,s
of any sort becauso of, or ari:.ing out: of, t:he acts or omissions of the
Subdivider, his contractor, suhcontractors, agents or employees in the
performance of this alireement.
-2--
moi=. 77_s
this 19th -
([illy ,,f 78 1
�x 12782Pc 1264
ATTEST:
aJJu atr no City Clerk
APPROVED AND REC=-!ENDED
FOR EXECUTION:
I
City Engineer
M anaM ge of i ^ my
Orange County
Waterworks, District R4
FRANKLIN E. DAKIDES
FRANKLIN E. DAKIDES
(Office Held)
CITY OF SAN JUAN CAPISTRANO
p 00 111 1 -do.r .
*Partnerships, joint ventures, and other corporate entities should
contact the San Juan Capistrano City Attorney for acceptable form
of execution.
APPROVED AS TO FORM:
f7ES S. OKAZAKI, fC�LTY ATTORNEY
STATE OF CALIFORNIA
COUNTY OF Orange )} SS.
O„ June 2], 1978 before me,
a
ani the undersigned, a Notary Publ1ic in and for said County and State,
w personally appeared hranklin E. Dakides
s
2
known to me
6 to he the person _whose name 1 S subscribed to the -
.H within instrument and acknowledged that he _ executed the -_
8 same.
$_ �t9/C ice/%� l/l _/�tJ� ate.' % k•
v
CS
� e
u �
-3-
SAFE
FOR NOTARY SEAL OR STAMP
OFFL^AL SEAL
LINDA A. SCOTT
NOTARY PUBLIC - CALIFORNIA
�NQPAL OFFICE M
ORANGE COUNTY
My cormf. ,;
o,....m .............................
Expires Sept. 18, 1980
- _
pies, �r� sx 12782Pc 1265
�. Orange
of San Juan Capistrano
OFFICIAL SEAL��
MARY ANN HAPJOVER
NOTARY PUBLIC -CALIFORNIA
T2. - ORANGE COUNTY
My comm. expires UR 14, 1980
+Q IV
ss.
ON __ July 19 1978 ,
before me, theindersigsed,i NoW Public in and for the said State, personally appeared
ame orpe known to me to be the
Mayorwsident, and_ ,known to me
to be the— Secretary of-
-
the/Corporation that executed the within Instrument, known to m€*..M the jersons who
executed the within Instrument, on behalf of the Corporation herein named, and acknowledged
to me that such Corporation executed the within Instrument pursuant to its by-laws or a
resolution of its board of directors.
WITNESS my hand and official seal.
STATE OF CALIFORNIA I ss.
COUNTY OF LOS ANGELES)
�eelO ♦Oeeoeoeeee00eREAL eeeee
OFFICIAL
SEAL j
1'FC2POA ee
M,, ❑ayires 6LY 17, 1981 e
♦♦el0ee0ieeee0i96l O•>oaee0e09e♦
ON JUN ^ 19 — , before
me a Notary Public in and for said State, personally appeared
tcegBBJ! Rhn'laC
known to me to be the person whose name is subscribed to the
within Instrument as the Attorney -in -Fact of AMERICAN
MOTORISTS INSURANCE COMPANY, and acknowledged to
me that he subscribed the name of said Company thereto as
Surety, and his own name as Attorney - in - Fact.
Public
_a • IN vTRIPLIICATEE -
rOlti� FOR Iid1'1 L7-11-14TS 222.00
(FAITHFUL PERPORNIANCE)
WHEREAS, the City Council of the City of San Juan Capistrano, State of
California, and FRANK _
DAKIDES , whose
mailing address is MARGUERIT
hereinafter designated as Principal, have entered into an agreement whereby
Principal agrees to install and complete certain designated improvements,
which said agreement dated , 19 _, and identified
as (Subdivision Agreement for t 14#w �.-I�_�(Project ) is
hereby referred to and made a part hereof; and
WHEREAS, Said Principal is required under the terms of said agreement, to
furnish a bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the Principal, and AMERICAN MOTORISTS INSURANCE COMPANY
UK. -90057 whose mailing address is 6 S.CARONDEIff T --;r
as Surety, are held and firmly bound unto the
City of San Juan Capistrano, hereinafter called City, in the penal sum
of ** Dollars ($ 22)218.00 ) lawful
money of the United States, for the payment of which sum well and truly
to be made, we bond ourselves, our heirs, successors, executors and
admin' tt�� t and 1 1 b these preser�t�
**TW �' TI�8�1 TWO $ D ETG ' N(1/100 ------- DR&&
The condition of this obligation is such that if the above bounded
Principal, his or its heirs, executors, administrators, successors or
assigns, shall in all things stand to and abide by, and well and truly
keep and perform the covenants, conditions and provisions in the said
agreement and any alteration thereof made as therein provided, on his or
their part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to their true intent and meaning,
and shall indemnify and save harmless the City of Sar. Juan Capistrano, its
officers, agents and employees, as therein stipulated, then this obligation
shall become null and void; otherwise -it shall be and remain in full force•
and effect.
As a part of the obligation secured hereby, and in addition to the face
amount specified therefor, there shall be included costs and reasonable
expenses and fees, including reasonable attorney's fees, incurred by City
in successfully enforcing such obligation, all to be taxed as costs and
included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the agreement or to the work to be
performed thereunder, or the specifications accompanying same, shall in
any way affect its obligations on this bond, and it does hereby waive any
notice of any such change, extension of time, alteration or addition to the
terms of the agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly execu ed by the principal
and surety above named, on JUNE 23 19 7.
PRINCIPAL SURETY
By
Frank Dakides
By
Address of Subdivider:
27500 MARGUERITE PARKWAY;MISSION VIFJO,CA.
NOTE
;"I'p. 6
AMERICAN MOTORISTS INSURANCE COMPANY
Name
Acknowledgments of execution of Principals and Surety must be
attached. Bond must be attached to Subdivision Agreement.
AMERICAN MOTORISTS INSURANCE COMPANY •��
Home Office: Long Grove, IL 60049 ,. IMF
POWER OF ATTORNEY
Know All Men 8y These Presents:
That the American Motorists Insurance Companyy, a corporation organized and existing under the laws of the
Slate of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint **so****
A. F. Barker, Jacqueline Rhodes and Edward Simms all of Los Angeles. Califor-
nia (EACH)********tl*r***ralsl�r*sl+t*+r+r+r+r+r*+t***r*+Fit*+rttit*+tat+t+r**r+r+r**+r*+tr*rtr+►r+tsHt+t*
its true and lawful agent(s) and altorney(s)-in-fact, to make, execute, seal, and deliver during the period begin-
ning with the dale of issuance of this power and ending December 31, 1978, unless sooner revoked for and
on Its behalf as surely, and as its act and deed: Any and all bonds and undertakings provided
the amount of no one bond or undertaking exceeds FIVE HUNDRED THOUSAND DOL-
LARS (5500.000.00)+►*+r*srr�►arrr+w+►+►iFw►itwt>k+F*MiHr+EriHHF*Ht*+ftl+►slwF*itIFrHHF*aI+t+ri1+H►er
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which
guarantees the payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each
such bond within the dollar limit of authority as set forth herein.
This appointment may be revoked at any lime by the American Motorists Insurance Company
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
American Motorists Insurance Company as fully and amply to all inlenis and purposes, as if the same had been
duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois,
THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1978.
This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said
American Motorists Insurance Company an May 15, 1939 at Chicago, Illinois, a true and accurate copy of
which is hereinafter set forth and is hereby certified to by the undersigned Secretary or Assistant Secretary as
being in full force and effect:
' VOI LD, Thal the Vie,idenl Of any Vice yoncleni ui :nuelary of any Assistant Secretary shall have power and aulhooly lis ap-
point agc lls mid anulnels m lac!, and to aulhon[e Ihom to eccule on behalf of The company, and allach the seal o) the
cnmpanl Iheielu, bund, and undoiiakings, reu,gnuinces, conhac-Is ul indemni1v and other writings ubligalury in the nature
!here"), and and such ollir c•r ul The t umpwn m,q appoud agent, for acceptance of process."'
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following
resolution adopted by the Board of Directors of the company at a meeting duly called and held on the 22nd
day of May, 1963:
"VOTED, Ih.d the nignatuly ul the Presidenl, any Vice President. Secretary of Assistant Secretary, and the Seat of the Com-
pany, and the cerlitte,naon by any Secn•larn or Assistant Secrc•lary, maV be allixed by lacsinitle on any power of attorney
excused punuanl lis re,cdubun adopted by rhe livaad ul Dueclon on May lb, 1962, and any such power so executed, sealed
and aertdied with respect IF, any bund OF undertaking lis which it is attached, shall continue to be valid and binding upon
the l-onglany "
In Testimony Whereat, the Arnerican Motorists Insurance Company has caused this instrument to be signed
and its curporale seal lis be alhxed by its authorized officers, this _ 6th -day of __ September __, 19_7-7
Attested and Certified:
AMERICAN MOTORISTS INSURANCE COMPANY
�-"�. �t`AS LC, tr-c>_-�--•—_
By
C. r• Sou rl.0 i
r
I1. L. Kennicoll, Ir., Vice President
11,
STATE OF ILLINOIS l ss
COUNTY OF COOK
I, lean Petzold, it Notary Public, do hereby certify that
H. L. Kennicolt, Jr.
and C. G. Swan personally known to
me to be the same persons whose names are respectively as Vice President
and Secretary of the American
Motorists Insurance Company, a Corporation of the
State of Illinois, subscribed
to the foregoing instrument,
appeared before me this day In person and severally
acknowledged that
they being Ihereunlo duly authorized
signed, ,Paled with the corporate seal and delivered
the said instrument
as the free and voluntary act of said
corporation and a, their own free and vuluntary act fur
the uses and purposes therein set forth
l�
My commission expires. April 29, 1980
lean I'elnilJ, Nulary t'ubllc
CERTIFICATION
I, Sven L Johanson, Secretary of the American Motorists Insurance Company, do hereby certify that the attached
Power til Allurnoy dated _ _ September__f4_1g77on behalf of_A._.-L''.—Barkpr- .TAt.gtipl inw
Rhodes and Edward Simms all of Los Angeles, California (EACH)**************
*ik********it**ic** t****itstitiL�rWYY*3Fitlt*ikititllitlkiklt�LitTkikil9Lis a true and correct copy and that
the same has been in full force and effect since the date thereof and is in full force and effect on the date of
this certilr(ale: and I do further certify that the said H. L. Kennicoll, Jr. and C. G. Swan who executed the Power
of Attorney as Vice 1'resident and Secretary respectively were on the date of the execution of the attached
Power of Auurney the duly elected Vice President and Secretary of the American Motorists Insurance Company.
IN TIS1IMON) WEitREOI, 1 have hereunlo subscribed my name and all tried the corporate seal of the American
hluloii,L Insuaance Company on this—_--__ __.__-day of ___ !(1199—� .
-76
s'eIF 1 luhamtul, Seu clad
I tis, 1'u., rt td Atl,rtnoy limo, the iris of those named therein to the bonds and undertakings speclllcally named
then•" .uid they h.ne no aulhonly It, hued the Company except in the manner and to the exlenl herein stated.
rr IN IIs I\1,,I
i A.iT*?ru, rErc orNMncEl
Project
Bona �0. Rens 17,�,z__�-�-Lb_.�pi
EXECUTED IN TRIPLICATE
167.00
WHEREAS, the City Council of the City of San Juan Capistrano, State of
California, and FRANK DAKIDES , whose
mailing address is _2750-0 MARGUERITE PARKWAY,MISSION VIEJOaCA. ,
hereinafter designated as Principal, have entered into an agreement whereby
Principal agrees to install and complete certain designated improvements,
which said agreement dated , 19 , and identified
as (Subdivision Agreement for T.&aet tj.L.y7_ (Project _) is
hereby referred to and made a part hereof; and
WHEREAS, Said Principal is required under the terms of said agreement, to
furnish a bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the Principal, and AMERICAN MOTORISTS INSURANCE COMPANY
, whose mailing address is 685 S. CARONDE ET ST.
LOS ANGELES3 CA. , as Surety, are held and firmly bound unto the
City of San Juan Capistrano, hereinafter called Cit , in the penal sum
of ** Dollars ($ 16,744.0 ) lawful
money of the United States, for the payment of which sum well and truly
to be made, we bond ourselves, our heirs, successors, executors and
administrators,oint�lyy��an�d severally, firmly by these presents.
** SIX= THUDSAND HUNDRED FORTY-FOUR AND NO/100-------DOLLARS
The condition of this obligation is such that if the above bounded
Principal, his or its heirs, executors, administrators, successors or
assigns, shall in all things stand to and abide by, and well and truly
keep and perform the covenants, conditions and provisions in the said
agreement and any alteration thereof made as therein provided, on his or
their part, to be kept and performed at the time and in the manner therein
sipecified, and in all respects according to their true intent and meaning,
and shall indemnify and save harmless the City of Sar. Juan Capistrano, its
officers, agents and employees, as therein stipulated, then this obligation
shall become null and void; otherwise it shall be and remain in full force
and effect.
A5 a part of the obligation secured hereby, and in addition to the face
amount specified therefor, there shall be included costs and reasonable
ex?enses and fees, including reasonable attorney's fees, incurred by City
in successfully enforcing such obligation, all to be taxed as costs and
included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the agreement or to the work to be
performed thereunder, or the specifications accompanying same, shall in
any way affect its obligations on this bond, and it does hereby waive any
notice of any such change, extension of time, alteration or addition to the
terms of the agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the principal
and surety above named, on June 23 , 19 78.
PRINCIPAL SURETY
By: AMERICAN MOTORISTS INSURA E COMPANY
Frufm e ,(Surety Name)
BY:
BYJdc a ne Rhodes tty-in-Fact
By By _' S _
Attorney -in -Fact)
Address of Subdivider:
27500 Marguerite Parkway,Mission Viejo,Ca.
NOTE: Acknowledgments of execution of Principals and Surety must be
attached. Bond must be attached to Subdivision Agreement.
App. 6
STATE OF CALIFORNIA I ss.
COUNTY OF LOS ANGELES)
e♦ooesee♦e♦♦♦!
r♦♦♦e♦ee♦♦♦♦♦♦♦O f AL SEAL
he K. L QUE
NOTA :" l pL'IFORNIA
rc
IN O
ry LI i _U:1:Y �
a>o♦♦e•
ON
19 — .before
me a Notary Public in and for said State, personally appeared
known to me to be the person whose name is subscribed to the
within Instrument as the Attorney -in -Fact of AMERICAN
MOTORISTS INSURANCE COMPANY, and acknowledged to
me that he subscribed the name of said Company thereto as
Surety, and his own name as Attorney -in -Fact.
Public
4 AMERICAN MOTORISTS INSURANCE COMPANY •
,Home Office: Long Grove, IL 60049
POWER OF ATTORNEY
Know All Men By These Presents:
That the American Motorists Insurance Company, a corporation organized and existing under the laws of the
State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint ••.•soot,
A. F. Barker, Jacqueline Rhodes and Edward Simms all of Los Angeles, Califor-
nia
its true and lawful agenl(sl and attorneys) -in -fact, to make, execute, seal, and deliver during the period begin-
nin� with the date of issuance of this power and ending December 31, 1978, unless sooner revoked for and
on Its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided
the amount of no one bond or undertaking exceeds FIVE HUNDRED THOUSAND DOL-
LARS ($500.000.00)**+f* ********+f+t r**ref+f+flt�f+t*+rrstr*re***afrf*�Fif+FiHf***ir�t+f*+F+r**+f+f+r*
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which
guarantees the payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each
such bond within The dollar limit of authority as set forth herein.
This appointment may be revoked at any time by the American Motorists Insurance Compjny.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been
duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois.
THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS Of DECEMBER 31, 1978.
This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said
American Motorists Insurance Company on May 15, 1939 at Chicago, Illinois, a true and accurate copy of
which is hereinafter set forth and is hereby certified to by the undersigned Secretary or Assistant Secretary as
being in full lorce and effect:
`V0110' III,,( the 1'I e,ulonr , ,Iffy Vice PrtbldUlll of 11510,11y of any Asetstani Secrelary shall have power and authority to ap-
poml agvilb and ,Illoolcl. in 1011, an,J lis a0111ouee Ihcm Io ext•cule on behall of the company, and allach the seal of Iho
cump,un Ihefelu, bonJ, anJ under lahulg S, ret ugnr[,nu cs, tonlrtotb of mdemnill and olhei writings obligatory in lite nahue
Illereol. and ant Such olhL('l of the umlp,ety ivay Opprlurl agenb lot attepfance of 1)f-ocess...
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following
resolution ddopled by the Board of Directors of the company at a meeting duly called and held on the 22nd
day of May, 1963:
VUIIU, Ih.d Ihc• ,Ign0luft- ul the Ihc,uh•nl, and Voce Preefdenl, Seuetary of Amtstaul Se(lefary, and the Seal of lite Cum-
ponl, .11111 the telOhL,dum by all,, Scurlal,, uI A>,i,lanl Iu(ol,ny, may be aflixed by laoimile on any power of alimney
e.clutvdpulsuanl lis lewluhun 0duplod by Ibe 6o,ud of Ducc ton on May 16, 1962, and any such power so executed, scaled
and terhl I,d (dill rt•,p(-LI Io any bond oI andel liking to which it is allathed, shall continue to be valid and binding upon
the (ump.mI, ..
In Teslinwny Whereof, the AnWncdn Motorists Insurance Company has caused this instrument to be signed
and Its (011)01010 Seal to be d1h),01.1 by its authorized officers, this _6tl-___day of—_S@pteAber 19-77
Atlesled and Certified: AMERICAN MOTORISTS INSURANCE COMPANY
Y
_
C (: ,1. .I n. ]ru roan 11 L. Fennicol1, It., Vu,o Prradenl
STATE OF ILLINOIS tt ss
COUNTY Of COOK 1
1, lean Petzold, d Nol ny Public, du hereby certify that H. L. Kennicolt, Jr. and C. G. Swan personally known to
me to be the same persons whose names are respectively as Vice President and Secretary of the American
Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument,
appeared belure me Thin day in person and severally acknowledged that they being [hereunto dufy authorized
signed, scaled with the corporale seal and delivered the said instrument as the free and voluntary act of said
curporauon and a, their own Iree and voluntary act for the
uses and purposes (herein set forth
V
1
My I:UMIMISiOn expires. April 29, 1980 Ivan Fevold, uolary Public ----
CERTIFICATION
1, Sven L Johanson, Secrefary of the American Motorists Insurance Company, do hereby certify that the attached
Power of AI1o1 no) d,ded - _ sePtember-_L. _-19.7.7-----on behalf of _A..F.---BarkEtt,-,Tannrr_-_�_e1 4 ne
Rhodes and Edward Simms all of Los Angeles, California (EACH)**************
*********ir***********ft*1taL**atitit*atiLTtit*iL*irit*at*it*skit Is a true and correct copy and that
the same has been in lull Iorce and effect since the date thereof and is in full force and effect on the dale of
this cerfdlcdfe. and I do further certify that the said H. L. Kennicotl, Jr. and C. G. Swan who executed the Power
ul Attorney as Vi(c President and Secretary respectively were on the date of the execution of she aliached
Power of Alturne) the duly, elected Vicc President and Secretary of the American Motorists Insurance Company.
IN IU11'00N) lV ILKIOI. I have hereunto subscribed my name and affixed the forporale seal of the AmCnCao
A101oln6s In>utancr companl on this ___day of _a 19—.
b,'n l lull Jnxwn. let ra'IJ�,
lhI, Id Alh nley Ioml, the aL 1, 0I Ihu,o named Iherein to the bonds and undertakings spcatically named
shell 11 InJ They h_I,l' n0 ,ullhonIt III hind the ( umpdny ex( epi in the manner and to the extent herein stated.
BOND FOR IMPROVEMENTS
(LABOR AND MATERIALS)
Bond No.8SM 174 .
'1No.—4Q4 T).L5!7-5
or Project
MMCUTM IN 7itIFLl"
WIIEREAS, the City Council of the City _of San Juan Capistrano, County of
Orange, State of California, and FRANK DAKIDES whose
mailing address is 27500 MARGUERITE . ,
hereinafter designated as Principal, have entered into an agreement whereb
Principal agrees to install and complete certain designated improvements,
which said agreement dated , 19 , and identified
as (Subdivision Agreement for "ru__ _._ T)L'77 (Prof ce t )
is hereby referred to and made a part hereof; and
WHEREAS, Under the terms of said agreement, Principal is required before
entering upon the performance of the work, to file a good and sufficient
payment bond with the City of San Juan Capistrano to secure the claims to
which reference is made in Title 1`, (commencing with Section 3082) of
Part 9 of Division 3 of the Civil Code of the State of California.
NOW, THEREFORE, said Principal and the undersigned as corporate Surety,
are held firmly bound unto the City of San Juan Capistrano, and all con-
tractors, subcontractors, laborers, materialmen and other persons employed
in the performance of the aforesaid agreement and referred to in the afore-
said Code of Civil Procedure in the sum of **
Dollars ($ 22,218.00 ), for materials furnished or labor thereon of any
kind, or for amounts due under the Unemployment Insurance Act with respect
to such work or labor, that said Surety will pay the same in an amount not
exceeding the amount hereinabove set forth, and albo in case suit is brought
upon this bond, will pay, in addition to the face amount thereof, costs and
reasonable expenses and fees, including reasonable attorney's fees, incurre"l
-y City in successfully enforcing such obligation, to be awarded and fixed
by the Court, and to be taxed as costs and to be included in the judgment
therein rendered. ** TWENTY-TWO THOUSAND TWO HUNDRED EIGHTEEN AND N01100 -----------
--DOLLARS
It is expressly stipulated and agreed that this bond shall inure to the
benefit of any and all persons, companies, and corporations entitled to
file claims under TiLle 15 (commencing with Section 3082) Part 4 of
Division 3 of the Civil Code, so as to give a right of action to them or
their assigns in any suit brought upon this bond.
Should tho cc,n(Aitiun of this bond be fully performed, then this obligation
shall become null and void, otherwise it shall be and remain in full force
and off kect.
The he-tvby stipulates and agrees
alteration of additi.on to the terms of
cation:: <icc•omi)anyiny Ute same shall in
Oil thi-.; bond, <,nd it does hereby waive
alter.ttinu, of addit_iorn.
that no change, extension of time,
the said agreement or the spet-i-fi-
any manner affect its obligations
notice of any such change, ext(nsion,
1N this instrument has been duly executed by the Principal
and Su>.ely .(hove u,nned, on JUNE 23 , 1978
l'12 i NC 11)A1, SURETY
By
Frank Dakides
By---- ------------..--
Address of 5llbdiVidOr:
27500 MARGUERITE PAR1(WAY,MISSION VIETO,CA.
AMERICAN MOTORISTS INSURANCE COMPANY
NOTE:: of c,xecution by Principals and Surety must be
Lit t'l'.L 't. t(ond must b(' attached to Subdi-vision Agreement.
App. /
STATE OF CALIFORNIA i ss
COUNTY OF LOS ANGELES)
OFFICIAL SEAL
K. BC,J-Q'iE �
NOTA.... FL' •.%. r'.L FORNIA
✓5 PJ—'-LCS CCONTY
a <-_-
pq Commission Expires i2zy 17, 1981
0��0vOO���i�s�YJ00iJ&.����•O�•
ON JUN b n L18 19 _ , before
me a Notary Public in and for said State, personally appeared
Jacgretine rhorlen
known to me to be the person whose name is subscribed to the
within Instrument as the Attorney -in -Fact of AMERICAN
MOTORISTS INSURANCE COMPANY, and acknowledged to
me that he subscribed the name of said Company thereto as
Surety, and his own name as Attorney -in -Fact.
Public
�Oir� all c�rresr,r,den(,,e to —
693 Street
"[,jrni.j 90057 BOND FOR IMPROVEMENTS
Los An;;^'es,(2'_3) ooa-2168 (LABOR AND MATERIALS)
Bond No. Qftui% �1
T-s�t-�ts-
Project
EXECUTED IN TRIPLICATE
WHEREAS, the City Council of the City of San Juan Capistrano, County of
Orange, State of California, and FRANK DAYIDES , whose
mailing address is 1? W 1 �,�RITE PARKWAY EMISSION VIEJO•CA.
hereinafter designated as Principal, have entered into an agreement whereb
Principal agrees to install and complete certain designated improvements,
which said agreement dated , 19 , and identified
as (Subdivision Agreement for Tom. #2#VL-n (Project )
is hereby referred to and made a part hereof; and '
WHEREAS, Under the terms of said agreement,'Principal is required before
entering upon the performance of the work, to file a good and sufficient
payment bond with the City of San Juan Capistrano to secure the claims to
which reference is made in Title 15 (commencing with Section 3082) of
Part 4 of Division 3 of the Civil Code of the State of California.
NOW, THEREFORE, said Principal and the undersigned as corporate Surety,
are held firmly bound unto the City of San Juan Capistrano, and all con-
tractors, subcontractors, laborers, materialmen and other persons employed
in the performance of the aforesaid agreement and referred to in the afore-
said Code of Civil Procedure in the sum of **
Dollars ($), for materials furnished or labor thereon of any
kind, or for a o�in aunts due under the Unemployment Insurance Act with respect
to such work or labor, that said Surety will pay the same in an amount not
exceeding the amount hereinabove set forth, and also in case suit is brought
upon this bond, will pay, in addition to the face amount thereof, costs and
reasonable expenses and fees, including reasonable attorney's fees, incurred
by City in successfully enforcing such obligation, to be awarded and fixed
by the Court, and to be taxed as costs and to be included in the judgment
therein rendered. **SI%TEEN THOUSAND SEVEN HUNDRED FORTY-FOUR & N0/100--
DOLLARS
Itis expressly stipulated and agreed that this bond shall inure to the
benefit of any and all persons, companies, and corporations entitled to
file claims under Title 15 (commencing with Section 3082) Part 4 of
Division 3 of the Civil Code, so as to give a right of action to them or
their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation
shall become null and void, otherwise it shall be and remain in full force
and effect.
The Surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the said agreement or the specifi-
cations accompanying the same shall in any manner affect its obligations
on this bond, and it does hereby waive notice of any such change, extension,
alteration, or addition.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on JUNF, P3 , 19-7a-.
By
0
PRINCIPAL SURETY
Frank Dakides
Address of Subdivider:
27500 MARGUNME PARRWAYMSSION VIEJO�CA_
NOTE: Acknolwedgements of execution by Principals and Surety must be
attached. Bond must be attached to Subdivision Agreement.
App. 7
Subdivision Bond—California
Faithful Performance—Public Work
AMERICAN MOTORISTS
Bond_No 8SM 1'74 523
EXECUTED"TN--TRIPLIUATE
25.00
INSURANCE COMPANY
KEMPER
SVRMNCE
,Direct all CC`s r^S^t]af!'9Rc9 to $ome office: Sheridan Road at Lawrence Avenue, Chicago, Illinois 60640
Los A-'-^' SUBDIVISION BOND
(2z';3
FRANK DAKIDES
Cttuw All AHPn 6il 04Pse fYP511li8: That ---------------------------------------------------
Principal, and the American Motorists Insurance Company,
a corporation organized and existing under the laws of the State of Illinois and authorized to transact surety
business in the State of California, as Surety, are held and firmly bound unto --- CITY ... OF ... AN --- JUAN
CAPISTRANO ONE THOUSAND FIVE HUNDRED AND
------ ..... ................... I.............. -----..in the sum of. ------------------------ ------------ --------------- .............. ......
NO/100------------------------------------- 1 500 00
t -----------
-------------------------•-----------------------------------------------
--------------------------------....... Dollars (I---- 1 ......)
for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs,
administrators, successors, and assigns, jointly and severally, firmly by these presents.
i The condition of the foregoing obligation is such that, whereas the above -bounden Principal has entered
into a contract, dated...
CAPISTRANO
19-------., with the..... CITY-- OFSAN JUAN
--------------------
do and perform the following work, to -wit:
-V -L - 77-5-
ALL
7-5ALL NECESSARY MONUMENTATION IN TRAss-N4--t24,;
NOW, THEREFORE, if the above -bounden Principal shall well and truly perform the work contracted
to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and
effect.
SIGNED and SEALED this ..._�3ra.day
FM 602 7-68 2M
June78
.......................................
------------------------------ ---- -- 19-----
........- ............................. ........ (Seal)
Frank Dakides
By
/� Principal
MOTORISTS lZ`ISLT A
• ��,YE COMPANY
S 5 Attorney -in -Fact
PRINTED IN U.S.A.
STATE OF CALIFORNIA I ss.
COUNTY OF LOS ANGELES)
YC- »O@d00310090�.93000L01iO���
SEAL A
"fN!A
_
y,.,,S,;J i80000Yavv4a-,.+�..LJOOd SiO
ON JUN 2 3 197 19 — , before
me a Notary Public in and for said State, personally appeared
Jac9ue1zno Il:'1oa,,,
known to me to be the person whose name is subscribed to the
within Instrument as the Attorney -in -Fact of AMERICAN
MOTORISTS INSURANCE COMPANY, and acknowledged to
me that he subscribed the name of said Company thereto as
Surety, and his own name as Attorney - in - Fact.
Public
AMERICAN MOTORISTS INSURANCE COMPANY
Home Office: Long Grove, IL 60049
POWER OF ATTORNEY
Know All Men By These Presents:
That the American Motorists Insurance Company, a corporation organized and existing under the laws of the
State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint 00000000
A. F. Barker, Jacqueline Rhodes and Edward Simms all of Los Angeles, Califor-
nia
its true and lawful agenl(s) and atlorney(s)-in-face, to make, execute, seal, and deliver during the period begin-
ning with the date of issuance of this power and ending December 31, 1978 unless sooner revoked for and
on Its behalf as surety, and as its act and deed: Any and all bonds and 'undertakings provided
the amount of no one bond or undertaking exceeds FIVE HUNDRED THOUSAND DOL-
LARS ($500,000.00)+F+r*r*rrrr+r+r+r�rar+Fx*tr*►***aF***+Farr+rat+F�+F+HatF+rwF*r+r�FlF+r*+rr+r+F+Far**
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which
guarantees the payment or collection of any promissory note, check, draft or letter of credit,
This authority does not permit the same obligation to be split into two or more bonds in order to bring each
such bond within the dollar limit of authority as set forth herein.
This appointment may be revoked at any time by the American Motorists Insurance Company
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been
duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois.
THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1978.
This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said
American Motorists Insurance Company on May 15, 1939 at Chicago, Illinois, a true and accurate copy of
which is hereinafter set forth and is hereby certified to by the undersigned Secretary or Assistant Secretary as
being in full force and effect:
WILD, than III(! I're,ldenl ur any Vae Pu•,Idenl ul xuelwy of any Assislaol Secretary shall have power and authority It, ap-
point agents ,old „tiomey, lit tact, and lis aurhtmr e them to eve'cule on behalf of the company, and allach the seal of the
cnmpalq theielo, buuxb and undonaknngs, reuignl[ances, conlracls ul mdemnily and other writings ubligatory in the nabne
Iheieotand any such ulhrei of the wnynana niay ,yrpuml agents fur acceptance of process...
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following
resolution adopted by the Board of Directors of the company at a meeting duty called and held on the 22nd
day of May, 1963:
VUIID, Ihal the ,ign.dun• of the I?e,nleuT, any ViLe PfeSJJCnI, Seerelary of A5suld0l Secfe4uy, and The Seal of the Com-
pany and the iertihcanun by any Se<n•lary III Assislanl Scuclary, may be allied by lacsimile on any power of anomey
exerulVd punuanf to ie,ulubun adoplod by Ihi' Ilo,ud ul Dire(lois on May 16. "1962, and any such power so executed scaled
and rerl.hed xvlh respctt Io ally bund ul undoilaking to which it is attached, shall continue to be valid and binding upon
the (ontp.rny
In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed
and its corpurale seal to be al'f ixed by its authorized officers, this-.6�_day of _September _, 19.72
Attested and Certified:
�qL
AMERICAN MOTORISTS INSURANCE COMPANY
--- -- - -
C U b, an, lr„rlaiy H L Kenniiarn, Jr_ Vice I'rmulenl
STATE OF ILLINOIS ss
COUNTY OF COOK 1
I, lean Vetzuld, a Nuldry Public, do hereby certify that H. L. Kennicoll, Jr, and C. G. Swan personally known to
me to be the same persons whose names are respectively as Vice President and Secretary of the American
Motorists Insurance Company, a Corporation of the Stale of Illinois, subscribed to the foregoing instrument,
appeared before me this day in person and severally acknowledged that they being thereunto duly authorized
signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said
corporation and ars their own tree and voluntary act for the uses and purposes therein set forth
My commission expires: April 29, 1980 lean Pebold. Notary Public
CERTIFICATION
I, Sven L. Johanson, Secretary o�f�the
�,American Motorists Insurance Company, do hereby certify that the attached
Power lit Allurney doled --- September__fi.,_.1.977 on behall of -A- F--_$arker._�l'na
Rhodes and Edward Simms all of Los Angeles, California (EACH)**************
*********ir**********Ititit**iLit****aL*at�LatetstaF3tititatikit**akitis a true and correct copy and that
the same has been in full force and effect since the date thereof and is in full force and effect on the date of
this certitn ale: and I do further certify that the said H. L. Kennicoll, Jr, and C. G. Swan who executed the Power
of Allurnoy as Vice President and Secretary respectively were on the dale of the execution of the attached
Power ul Anorney the duly elected Vice President and Secretary of the American Motorists Insurance Company.
IN TFSTLVUNI \%HLK[OI. I have hereunto subscribed my name and affixed the corpurale seal of the American
NjOI al,l, Insurance Cunyhany on this__ __-_--_--_--.day of __T. r� .19—
I tj 1,
19—Ihl, I','.,, r ail AlIII( nry Ilit lb the acts of those named therein to the bonds and undertakings specifically named
Ihen 11 .nail they IIAW 110 authorily to hind the Company excepl in the manner and to the extent herein stated.
CITY &ERK'S DEPARTMENT - ACTION1116INDER
TO: City Engineer (Marty Bryant, staff)
FROM: City Clerk DATE: October 5, 1983
The City Council at their meeting of July 19, 1978, approved
Division of Land 77-5/Dakides. A subdivision agreement and
sureties for Faithful Performance (one for sewer/public and one
for street/private), Labor and Materials (one for sewer/public
and one for private --noted as not necessary) and monumentation
were accepted as part of the approval.
No record of this project being accepted can be found in our
records. Also, at their meeting of August 1, 1979, the City
Council approved Final Parcel Map 855 (79-855?) (no agreement or
sureties were received per the approval) and on a Planning staff
report re the tentative approval there was noted that the
property division is a portion of the previously approved DOL
77-5.
ACTION REQUESTED:
As this is all very confusing and the Records Coordinator can
only "assume" that the DOL is now the PM, could you please check
your records and let us know what's happening. Thank you.
ACTION TO BE TAKEN:
j 3kLos STkU. �AU�� V�JY1L ST�c t_
�t.1Ct�n��Pt�TE , 1�0 �.sOT ��l�s�� excCr
�E�e�-oPEc�_ has 171JTt�. �-1 -`65 TO COu.IP�ET�
DATE WHEN NEXT ACTIONS) SHOULD BE TAKEN:
4—( `65:
SIGNATURE OF OFFICIAL TAKING ACTION:
DATE SIGNED: 3 _?__+ -b!S-
File No. 38 - #226