DICO/ CAPISTRANO VALLEY WATER DISTRICTEXTENSION AGREEMENT
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This Extension Agreement is made this 1st day of July; 986 by and
between the CITY OF SAN JUAN CAPISTRANO, hereainfter referred to as City, and
DEVELOPERS INSURANCE COMPANY, hereinafter referred to as DICO, and the
CAPISTRANO VALLEY WATER DISTRICT, hereinafter referred to as District.
1985; and
Witnesseth:
WHEREAS, City, DICO and District entered into an Agreement dated May 7,
WHEREAS, said Agreement was extended to and including July 31, 1986; and
WHEREAS, the Agreement provides for, among other things, the installation
of improvements by RICO,
follows:
NOW, THEREFORE,BE IT RESOLVED between District, City and DICO as
(1) The Agreement between the parties is hereby extended to and
including December 31, 1986.
(2) All the terms and conditions of said Agreement shall remain in full
force and effect.
DEVELOPERS INSURANCE COMPANY
@�
Title
1. Extension Agreement
CITY OF SAN JUAN CAPISTRANO
ATTEST: By
Title Kenneth E. Friess, Mayor
Mary Ann Hanover, City Clerk
APPROVED AS TO FORM: CAPISTRANO VALLEY WATER DISTRICT
John Shaw, City Attorney
2. Extension Agreement
BY
Title
AGENDA ITEM
TO:
FROM:
SUBJECT:
SITUATION:
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July 1, 1986
Stephen B. Julian, City Manager
John R. Shaw, City Attorney
Extension of DICO Agreement
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An
An additional extension of time will be necessary to allow DICO to complete the Goeden
Subdivision improvements. The unfinished item of work is widening of Rancho Viejo
Road. The reason for the extension has to do with the inability of Southern California
Gas & Electric to obtain an easement to install underground cable lines on common area
lot fronting Rancho Viejo Road. SDG&E's utility work on this lot is holding up RICO.
The reason why SDG&E has not been able to obtain an easement is because the title to
the common area lot is still held by Goeden and under the control of the bankruptcy
trustee. The bankruptcy trustee has indicated that easements will not be given to
SDG&E. Rather, title to the common area lot will have to be conveyed by the
bankruptcy trustee to the Homeowners Association.
In order to achieve this result, an appraisal has been requested and is being prepared
which will show that the common area lot is valueless, thus enabling the bankruptcy
trustee to convey title to the Homeowners Association. The association would then
convey an easesment to SDG&E. We anticipate that this process will take between one
to three months.
Finally, staff believes DICO has done an excellent job in fulfilling its obligations.
Therefore, it is requested that the agreement be extended to December 31, 1986.
BOARDS/COMMISSIONS REVIEW, RECOMMENDATIONS:
Not applicable as to City Commissions; Water District should approve and execute
Agreement.
FINANCIAL IMPACT:
Not applicable.
ALTERNATE ACTIONS:
1. Table matter.
2. Approve extension.
N, '%*q'0F
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RECOMMENDATION:
Adopt extension agreement providing for extension of time to December 31, 1986.
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Respect Ily submitted,
JOHR. SHW
City Attorney
JR of
•
SECOND AMENDATORY AGREEMENT
.City Copy"
THIS AMENDATORY AGREEMENT is made this 18th day of March,
1986, by and between the CITY OF SAN JUAN CAPISTRANO, a Municipal
corporation (hereinafter referred to as CITY), DEVELOPERS INSURANCE
COMPANY, a corporation authorized to engage in the business of
surety insurance in the State of California (hereinafter referred
to as DICO), and the CAPISTRANO VALLEY WATER DISTRICT, a County
waterworks district lawfully existing under the laws of the State
of California (hereinafter referred to as DISTRICT).
W I T N E S S E T H:
WHEREAS, CITY, DICO AND DISTRICT have entered into an Agree-
ment dated May 7, 1985 providing for DICO's construction of
improvements in and about subdivision parcels more particularly
described in said Agreement; and
WHEREAS, the First Amendatory Agreement was granted by the
City of San Juan Capistrano on the 3rd of December, 1985 revising
Paragraph 5 for a completion date of December 30, 1985; and
WHEREAS, legal complications have arisen in acquisition of
easements for the electrical utilities; and
WHEREAS, DICO has requested an additional extension of time
to complete the improvements,
NOW, THEREFORE, BE IT RESOLVED between CITY, DICO and
DISTRICT, that the May 7, 1985 Agreement, Paragraph 5, be amended
0 0
authorizing DICO to complete the subject improvements up to and
including July 31, 1986.
ATTEST:
MARY ANN ANOVER, CITY CLERK
APPROVED AS TO FORM:
CITY OF SAN JUAN CAPISTRANO
By
PHILLI . SCHWARTZE, r
R
CAPISTRANO VALLEY WATER DISTRICT
0
is,
!TVELOPERS INSURANCE COMPANY
AMENDATORY AGREEMENT
THIS AMENDATORY AGREEMENT is made this
3rd day of December,
1985, by and between the CITY OF SAN JUAN CAPISTRANO, a Municipal
corporation (hereinafter referred to as City), DEVELOPERS INSURANCE
COMPANY, a corporation authorized to engage in the business of
surety insurance in the State of California (hereinafter referred
to as DICO), and the CAPISTRANO VALLEY WATER DISTRICT, a County
waterworks district lawfully existing under the laws of the State
of California (hereinafter referred to as District).
WITNESSETH:
WHEREAS, City, DICO and District have entered into an Agree-
ment dated May 7, 1985 providing for DICO's construction of im-
provements in and about subdivision parcels more particularly
described in said Agreement; and
WHEREAS, the Agreement, at Paragraph 5, provides for a com-
pletion date of December 30, 1985; and
WHEREAS, DICO has made good faith efforts to complete all
of the improvements required by the Agreement; and
WHEREAS, DICO has requested an extension of time to complete
the improvements,
NOW, THEREFORE, BE IT RESOLVED between City, DICO and
District, that the May 7, 1985 Agreement, Paragraph 5, be amended
0 0
authorizing DICO to complete the subject improvements up to and
including March 31, 1986.
CITY OF SAN JUAN CAPISTRANO
'APPROWED AS TO FORM: By 1,1ARY A7 HANOVER, CITY CLERK 4�
.,; r PHILTOP R. ZK � MAYOR
J N SHAW, CITY ATTORNEY
CAPISTRANO VALLEY WATER DISTRICT
-39
2 - Amendatory Agreement
RS•INSUFFnFE COMPANY
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-39
2 - Amendatory Agreement
RS•INSUFFnFE COMPANY
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This Agreement is made this 7th day of May, 1985,
by and between the City of San Juan Capistrano, a municipal
corporation, hereinafter referred to as "City," the Develop-
ers Insurance Company (DICO), a corporation authorized to
engage in business of surety insurance in the State of
California, hereinafter referred to as "DICO", and the
Capistrano Valley Water District, a county waterworks
district lawfully existing under the laws of the State of
California, hereinafter referred to as "District".
`- — '
WHEREAS, the City did on or about March 17, 1981 enter
into subdivision agreements with G.F. Goeden & Company, Inc.
of Huntington Beach, California to assure the furnishing and
installation of certain improvements within the tracts as
more specifically set forth in the subdivision agreements,
true copies of which are attached as Exhibit A and
incorporated herein by reference; and
WHEREAS, on or about September 30, 1980 DICO executed
public bonds for improvements and grading (faithful perfor-
mance and payment )guaranteeing the performance by G.F.
Goeden & Company of the subdivision agreements, true copies
of which are attached as Exhibit B and incorporated herein
by reference; and
1
WHEREAS, on or about April 19, 1984, the City declared
G.F. Goeden & Company in default under the terms of said
subdivision agreements and made demand upon DICO to furnish
and install the balance of the improvements called for under
the subdivision agreements; and
WHEREAS, on or about September 7, 1984 City made a
formal demand on DICO to complete the unfinished improve-
ments required under the agreements and secured by the bonds
set forth in Exhibit B; and
WHEREAS, certain contractors and sub -contractors have
filed labor and materials liens with City pursuant to
Government Code section 66499.7 alleging claims within the
scope of the labor and materials bonds set forth in Exhibit
B; said liens are attached as Exhibit C; and
WHEREAS, a dispute has arisen between DICO and the City
with respect to the performance of DICO under its public
improvement bonds; and
WHEREAS, the District did on or about March 17, 1981
enter into a Construction Agreement with G.F. Goeden &
Company, Inc. of Huntington Beach, California to assure the
furnishing and installation of certain water facilities
within the tracts as more specifically set forth in the
Construction Agreement, a true copy of which is attached as
Exhibit D and incorporated herein by reference; and
WHEREAS, on or about September 30, 1980 DICO executed a
public improvement bond for construction of water facilities
guaranteeing the performance by G.F. Goeden & Company of the
2
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Construction Agreement, a true copy of which is attached as
Exhibit E and incorporated herein by reference; and
WHEREAS, a dispute has arisen between DICO and District
with respect to the performance of DICO under its bond to
District; and
WHEREAS, DICO, City, and District desire to resolve
these disputes by entering into an agreement which will
provide for completion of the work under the original
subdivision improvement agreements;
NOW, THEREFORE, BE IT MUTUALLY AGREED BETWEEN DICO,
CITY, AND DISTRICT as follows:
1. Scope of Work for Public improvements/Performance.
DICO shall cause to be performed certain work identified in
a 42 page set of drawings prepared by Boyle Engineering of
Santa Ana. In addition, DICO shall cause to be performed
certain irrigation and street tree landscaping work, more
particularly described in a set of landscape plans prepared
by R. W. Forsum consisting of 32 sheets. Said plans shall
be initialed by the City's Engineer and DICO's authorized
representative to insure certainty as to the tasks to be
performed. The drawings shall be initialed prior to
execution of this Agreement. The original set of
improvement plans for the above -stated work shall be filed
with the office of the City Engineer. The Boyle Engineering
drawings shall supersede all other contract documents.
Upon certification of DICO's completion of work pursu-
ant to the initialed plans, which may be in the form of a
letter from the City, DICO bond numbers 100984 (Monument),
3
0 0
100985, 1009861 100987, 100988 shall be exonerated without
further action by the City.
DICO agrees to perform certain work covered by its bond
running in favor of District, said work more particularly
described in the 42 page set of Boyle drawings described
above, initialed by the manager of the District and by
DICO's authorized representative, which shall be on file in
the District Manger's office. In the event any water
service lines connecting a lot to the water main are
missing or fail a pressure test, copper service lines will
be installed. Upon District's certification of DICO's
completion of work, which may be in the form of a letter
from the District DICO bond numbers 100982 and 100983 shall
be exonerated without further action by District.
District's Manager shall also initial all plans described in
this paragraph which relate to District improvements.
The City and District agree to inspect all such work in
a timely manner and not to withhold approval or acceptance
unreasonably. In the event that there is any dispute as to
the acceptability of work performed by or on behalf of RICO,
the City or the District, as the case may be, shall certify
completion of all acceptable work and shall specify the work
that is not acceptable.
E'�e3TT: Tf . .. 7
DICO agrees to perform several items of grading work,
more particularly described as follows:
2
a) Lots 113, 114/Tract 10103. DLCO shall
perform grading work on lots 113 and 114 of
tract 10103 in accordance with the grading
plan attached as Exhibit F and incorporated
herein by reference.
b. Other Grading Work. DICO agrees to perform
certain other grading work, more particularly
described in Exhibit G attached and incorpo-
rated herein by reference. Exhibit G shall
also be initialed by the same parties and in
the same manner as set forth in paragraph 1
of this agreement.
Upon certification of DICO's completion of work pursu-
ant to the initialed plans, DICO bond number 100981 shall be
exonerated without further action by the City.
DICO, City, and District agree and understand that the
various exhibits to this Agreement which define scope of
work reflect the parties' good faith effort to estimate
total scope of remaining work to be done in accordance with
the original improvement plans. However, there may be
certain items of work required to complete the improvement
plans which have not been called out by the parties because
of the present condition of the site. In consideration of
this difficulty to call out the exact scope of work prior to
commencement of construction, RICO agrees to set aside an
additional $50,000 as a contingency fund to finance addi-
tional items of work required to complete the total scope of
5
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work in full accordance with the original improvement plans
for the subdivision tracts. DICO's liability for items of
work not shown on the improvement plans and related exhibits
attached hereto shall not exceed said sum of $50,000. Any
unused portion of said $50,000 shall belong to DICO.
City and District shall closely monitor construction
activity of DICO on a daily basis to insure (a) compliance
with the scope of work drawing and exhibits, and (b) to call
out additional items of work which fall within the contin-
gency category discussed in the foregoing paragraph.
City has called attention to DICO of pending labor and
materials liens set forth in Exhibit C. Pursuant to Govern-
ment Code Section 66499.71 City may not release the labor
and materials bonds which relate to these lien claims. DICO
shall pay or shall purchase all such lien claims covered by
its bonds prior to exoneration of its bonds and shall supply
to City evidence of release or ownership by DICO of such
lien claims.
PIONEWWri ,n -W Z*TW T44. n-.
RICO shall proceed forthwith to cause the improvements
required by this agreement to be completed and in no event
shall the work commence later than 30 days after authoriza-
tion of this agreement by the City Council. Completion
shall be in a reasonable period of time, subject to weather
and other conditions beyond the reasonable control of RICO,
and subject to DICO being given access to the tracts and to
the improvements by the owners thereof; assuming access is
3
given to RICO, completion in any event shall not occur later
than December 30, 1985.
6. Attorney's Fees.
DICO agrees to pay City and District such sum as a
court of law may judge as reasonable for the legal services
of any attorney representing City or District in any action
brought to enforce or interpret the obligations of this
Agreement, and such sums shall be made a party of any
judgment, including court costs, in such action against
DICO, if such action is determined to be in favor of City of
District.
The parties from time to time shall execute and deliver
such further instruments as the other parties or their.
counsel may reasonably request to effectuate the intent of
this Agreement.
This Agreement constitutes the entire understanding
between the parties with respect to the subject matter
herein and this Agreement may not be changed except by a
writing executed by the parties hereto.
CITY nP RAN .ITTAN CAPTRTRANO
By
Tit
ATTEST:
MARY ANN HA VER, CITY CLERK
Approved as ppto Form:
John R. Aswr City Attorney
ATTEST:
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E. illip H e
Clerk of the Board
Approved as to Form:
0
CAPISTRANO VALLEY WATER DISTRICT
Title:
O.
ames S. Okazaki, District Counsel
DEVELOPERS INSURANCE COMPANY
By:
Title: ✓tl
Approved as to Form:
Richard Smith, Esq.
Counsel for Developers Insurance Co.
8
39433 BK 1 4000 PG 672
RI:CORDT iE(IUESTED B D RE INC, EDS EXEMPT DUE TO
WHEN RECORDED RI:TIIRN T GOVcr<NMEN. /CODE SECTION 6103
City of San Juan Capistrano
Office of the City Clerk /
32400 Paseo Adolanto MARY ANN,d,NOVEii, Cit^ Clerk
San Juan Capistrano, CA 92675 San Jua& Capistrano, California
EUAX�Cm.
M RFCOROS EXEMPT
OF IM-CA G, 2
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MM 30,81 TRACT NO. t+
SUBDIVISION AGREEMENT
nn RReorder
THIS AGREENIENT, made pursuant to the provisions of Division 2
of Title 7 of the Government Code of the State of California, by and
betwOen the CITY OF SAN JUAN CAPISTRANO, a Municipal Corporation,
hereinafter called the "City" and
i
whose mailing address is G. F. Goeden & Company, Inc.
17931 Beach Blvd. Suite G
Huntington Beach, California 92647
hereinafter called the "Subdivider".
WITNESSETH:
THAT, WHEREAS, Subdivider has filed with the Planning Commission
of the City a tentative map for a proposed subdivision, known. as Tract
No. ,Ina, , which has beer. conditionally approved by the City
Council, and
WHEREAS, Subdivider desires to postpone the public and private
improvements required as a condition of approval of said tentative map
until a time subsequent to the acceptance and recordation of the final
map of said subdivision, by entering into an agreement and providing
the improvement security required to assure the furnishing and instal-
lation of said improvements within the time herein provided.
NOW, THEREFORE, in consideration of the premises and -the ap-
proval of the final 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 map, the Subdivider hereby undertakes,
promises and agrees as follows:
1. Subdivider will, at his (its) own cost and expense, im-
prove said tract 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 herein by reference, including but not limited to, all
grading work, paving of all streets, alleys and public service ease-
ments, construction of concrete curbs, gutters, cross gutters and side-
walks, installation of storm drainage and sanitary sewerage facilities,
installation of underground conduit street -lighting system, the instal-
lation of all street name signs, and the supplying and .planting of all
parkway trees, together with the installation of all appurtenances,
contingencies and the furnishing of all engineering costs and services
to do 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 tentative subdivision. For purposes of this agreement, the City
Engineer shall determine the estimated costs of said improvements to
be used for Surety devices as required herein.
2. Subdivider will, at his (its) own cost and expense, pro-
vide and install all on-site and off-site •wzitcr mains and ao_ourtenanees
anti will provide all labor and material to connect the same to exist-
inq main:: and facilities of the Ornnge County Waterworks District =4,
and will comply with 11.1 of the rcnuircmentr: of said nistrict, and
with Ch,, 1,1.,n:; and specifications lnr said war!: signed hy, anti on file
in 'Ito nCCire nF Che pin n:"per c' as •.d nistri-t "i_n !;v
rcforonro.
EXHIBIT R- /
• r, �K 1 4000 Ps 673
TRACT NO. iinoa
3. Subdivider agrees to pay all applicable fees assigned by
City. For purposes of this agreement, applicable fees shall be de-
fined as all fees that may be legally assessed through City's ordinances
and resolutions as conditions of approving subdivider's subdivision
and proposed improvements.
4. Subdivider shall furnish one good and sufficient bond in
accordance with the provisions of Chapter 5 of Division 2 of Title 7 of
the Government Code, said bond shall be in an amount equal to thetotal
estimated cost of work and improvements not to -be dedicated to City but
inspected by City personnel. Said bond shall be conditioned upon faith-
ful performance 6f this agreement.
5. Subdivider 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 follow-
ing purposes: (a) an amount equal to the total estimated cost of the
said work and improvements to be dedicated to City, conditioned upon
the faithful performance of this agreement, and (b) an additional amount
equal to the total estimated cost of the said work and improvements to
be dedicated to City securing payment to the contractor, his subcon-
tractors, 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 specifica-
tions for said work and improvement which do not exceed ten percent
(109) 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 improve-
ment and to pay all costs specified herein within a period of pa 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 City 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 obligations hereunder. Bonds 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 anv 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 anv 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 any attorney represent'ina
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 against 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 for 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 Cram the acceptance by the City Council of
the dedicationn offcrcd on the final map of said tract to the comnlotion
and ace";)L.incc of Chu Jmnro%%imuntn e'.cscri!,cd hr_rein, Suh(!Pviricr sha"
porlorm ;11.1 work in a r:a Ce, wurkmanliltc manner and shall tnke such
MA!
.. SK 14000Fe 67.4
• TRACT NO. i,naa
precautions as may be necessary to warn and protect the public from any
dangerous condition caused by the construction of said improvements.
13. Subdiv?der shall hold City, its officers and employees
harmless from any and all claims, demands, causes of action, liability
or loss of any sort because of, or arising out of, the acts or omissions
of the Subdivider, his contractor, subcontractors, agents or employees -
in the performance of this agreement.
Executed at San Juan Capistrano, California, this 17th
day of March, 1981,
SUBDIVIDER
ATTEST:
G. F EDEN & COMPM INC.
A4"'Y(c BY _
Sar. Juan"gEgistrano City Clerk ignature)
MARY ANN HANOVER Gerald F. Goeden
APPROVED AND RECOMMENDED FOR
EXECUTION: President
(Office Held)
SAIL 1. 1
• City Engineer °J CITY OF SAN JUAJN STRA.NO
APPROVED AS TO FOR`4:
BY
L HAUSDORFER, MA R
" W Attorney �y .
Manager of Crange County
Waterworks District #4
STATE OF CALIFORNIA)
) ss
COUNTY OF ORANGE )
a
ON before me,
the undersigend, a Notary Public ia,-and�!c,r; said
State, personally appeared - ` — (1
known to me, to beC =
` s
s
WITNESS my hand and official seal.
-3-
Name (typed or printed)
On 1'+000'1151 0 -?5
STATE OF CALIFORNIA
1
COUNTY Orange
ss.
ON August 29, 19 so
before ane, the untroyollaNptpry Pblic and for the said State, personally appeared
oe en
e a r . known to me to be the
President. and . known to me
to be the Secretary of
F. Goeaen S Co.. Inc.
arsltaAa $AA
RA J.
BARBARA J. STELLAR
LLA
the Corporation that executed the within Instrument, known to me to be the persons Arm
executed the within Instrument. on behalf of the Corporation herein named, and acknowledged
NOTARY
NOTARY CAU
to me that such Corporation executed the within Instrument pursuant to its by-laws or a
�CALFO
COUNTY or ORAAIGE
resolution of its board of directors
xN Carnrlkeeien Eapatee Jupir 17,1'17!1
WITNESS my hand and ofhcul seal.
Ala,
JImap Peal and tar and State.
SGtE or munp1m1A j
d
lit � ORANGE
CM.OF SAN JUAN CAPISTRANO
OFFICIAL SE.aL
`-. NN MARY AO
9 L� NTA R ANN' - C.ANCVR
OR
ORANGE COUNTY
Vy exmm. axpi:u Vol M ISM
OR MARCH 1' 17$1L-
belve me, the. undersibnmd, '""my
Public in and fax the. said SUL^. persauHY app:ared
GARY L. MUSDORFER kn= to ion to be the '
MAYOR Ra cher anml known to me
to be Nt Secretuy dt rrTY (IF cAm JUAN G1PTS=O
.� �municipal
1®Ompotatlw flat executed the> ,"thin Immanent. known to me to be the rersons vino
Lubar ed the withm Instrument, on baht( of the Corporation herein maned, and ackno::IcdFM
to me that such Cortmrolaon executed the often hauwamt pmwnt to Its bylaws of a
rtsoWtimn of its two of directors.
WMIESS my hand and othdal SUL
3= OF r.PiT mttl .
a
mlRn yaRAN(7F
Crit OF SAN JUAN CAPISTRANO ON MA.Rr14 '_3 1y�.
before nee, the mdersignod, a Notary Public in and for thee -spit State, rersolrally appnred
kraoa:9 to me to GO the
President _ NARY 11,173 H1mnlrry knew to me
Tobe tbe_ .TTY (' >=R wee^ of CTTY 012 SAAI MAN-1PT=All).
- tmmirilpea a
'F'FIC7A 1. SEALTCdrpn:almn INt a:rcvled!bc mthr. mrtrC^cnt, known to me to be the persons who
^'trH E MAROUARD eewted the v:dlim Instrument, on betnlf of the Corporation herein ni and acSmrc,::d;cr
m v rr I.R. wreak . c.u10111i 10 me that such Corporation executed the mi= Inttaummt pursaanl to its bydawe or '
OFAHM emmY resNution of its board of directors '
my otwi "0Ye' MAY ICM i W11 NESS my hand and official sral.
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ImmOwl[OUa[Ni�iM.J,s t i.�—wwm !w A=iw.1N
38434
RLCORDING RCOUESTCD By' fJD
. V� EN RECORDED RETURN TO:
city of San Juan Capistrano
Office of the City Clark
32400 Pasco Adclanto
San Juan Capistrano, CA 92675
e[coaoce_ r ornonh N[caao. (,CEMPT
00 ONAa�a :CU:Ia,CAhIFCa a IA _12
BK 1 4000 PG 676
REC iING! ES 4:\C:+IPT DUC TO
GOVERNMENT JCODE SECTION 6103
MARY i,NX/,IIANOVER, City Clerk
San Juan Capistrano, California
•114@ AM
MAR 30'81 TRACT NO. 1o:03
' FE A. BNAttCH. Conlry' iaeaadw SUBDIVISION AGREEMENT
THIS AGREE' -'ENT, made pursuantto the provisions of Division. 2
of Title 7 of the Government Code of the State of California, by and
between .the CITY OF SAN JUAN CAPISTRANO, a Municipal Corporation,
hereinafter called the "City" and
whose mailing address is G. F. Goeden 6 Company, Inc.
17931 Beach Blvd. Suite G
Huntington Beach, Calif. 92647
hereinafter called the "Subdivider".
W IT14ESSETH :
THAT, WHEREAS, Subdivider has filed with the Planning Commissicn
of the City a tentative map for a proposed subdivision, known as Tract
No. y,plca , which has been conditionally approved by the City
Council, and
WHEREAS, Subdivider desires to postpone the public and private
improvements required as a condition of approval of said tentative map
until a time subsequent to the acceptance and recordation of the final
map of said subdivision, by entering into an agreement and providing
the improvement security required to assure the furnishing and instal-
lation of said imorovements within the time herein provided.
NOW, THEREFORE, in consideration of the premises and the ap-
proval of the final map of said subdivision and the costponement of the
time to install such improvements, and to satisfy the said condition of
the approval of the said tentative map, the Subdivider herebv undertakes,
promises and agrees as follows:
1. Subdivider will, at his (its) own cost and expense, im-
prove said tract by doing a'_1 work and providing and furnishing all
labor, materials and equipment and making all installations shov.n on t
improvement plans signed and -approved by the City Engineer and s, -pacified
by the Soecifications of the City of San Juan 'Capistrano, which plans
and specifications are on file in the office of the City Engineer and
incorporated herein by reference, including but not limited to, all
grading work, paving of all streets, alleys and public service ease-
ments, construction, of concrete curbs, gutters, cross gutters and side-
walks, installation of storm drainage and sanitary sewerage facilities,
installation of underground conduit street -lighting system, the instal-
lation of all street name signs, and the supplying and planting of all
parkway trees, together with the installation of all appurtenances,
contingencies and the furnishing of all engineering costs and services
to do and complete said work, and to do and complete all other acts
and obligations required by the Citv as condition of the approval of
the tentative subdivision. For purposes of this agreement, the City
Engineer shall determine the estimated costs of said improvements to
be used for Surety devices as required herein.
2. Subdivider will, at his (its) own cost and expanse, pro-
vide and install all on-site and off-site water mains and auourtenances
and will prov.ida all Labor and material to connect the came to exist-
ing main^ and :acilitiv-: of the Orannr County Wacer,..ork; District 44,
and will comply with all of th^ re<rutrcmcnts of said District, and
with the, plam: and :;pcci ficatians for naid wort: signed by, an<i on -file
lu oho o fico Uf uric ila n.,y r.r of C„iu ULJ LYlC I„ inCUfl,or,ctau iceiein uy
rc f,v'oncc.
EXHIBIT P -,
J
-� BK 1 4000 PG 677
�PRACT NO. 10103
3. Subdivider agrees to pay all applicable fees assigned by
City. For purposes of this agreement, applicable fees shall be de-
fined as all fees that may be legally assessed through City's ordinances
and resolutions as conditions of approving subdivider's subdivision
and proposed improvements.
4. Subdivider shall furnish one good and sufficient bond in
accordance with the provisions of Chapter 5 of Division 2 of Title 7 of
the Government Code, said bond shall be in an amount equal to the total
estimated cost of work and improvements not to be dedicated to City but
inspected by City personnel. Said bond shall be conditioned upon faith-
ful performance df this agreement.
5. Subdivider 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 follow-
ing purposes: (a) an amount equal to the total estimated cost of the
said work and improvements to be dedicated to City, conditioned upon
the faithful performance of this agreement, and (b) an additional amount
equal to the total estimated cost of the said work and improvements to
be dedicated to City securing payment to the contractor, his subcon-
tractors, 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 specifica-
tions for said work and improvement which do not exceed ten 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 improve-
ment and to pay all costs specified herein within a period of
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 City 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 obligations hereunder. Bonds 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 any attorney representinc
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 against the Subdivider if such action is determined in favor
of the said City.
11. City, itsofficersand employees, except for their own
acts, shall not he liable or responsible for any accident, Loss or damage
happcninq 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 dedicntiour: offored on the final map of :aid tract to the cornpletion
and tnccrlltancc of the improvementn dc:cribod herein, Subdivider shall
perform ;ill work in n ::afe, workmonliJ,o manner and shill take such
-2-
n ` 8K 1 4000 or 678
-- i TRACT NO. ' n+ n3
-i_
precautions as may be necessary to warn and protect the public from any
dangerous condition caused by the construction of said improvements.
13. Subdivider shall hold City, its officers and employees
harmless from any and all claims, demands, causes of action, 'liability
or loss of any sort because of, or arising out of, the acts or omissions
of the Subdivider, his contractor, subcontractors, agents or emplovees
in the performance of this agreement. _
Executed at San Juan Capistrano, California, this 17th
day of March 1981
I
SUBDIVIDER —
ATTEST:
G. F,, GOEDEN S C ANY, INC_
San Juan. apistrano City Clerk (Signature)
MARY ANN HANOVER Gerald F. Goeden
APPROVED AND RECOMMENDED FOR
EXECUTION: President
City Eng leer �
APPROVED AS TO FORM:
C'�Ay Attorney
i
1 %4S -
Manager of Orange County
Waterworks District ,4,4
STATE OF CALIFORNIA)
) as
COUNTY OF ORANGE )
(office Held)
CITY OF SAN JUAN CAR1,
STRANO
BYORFEMAYOR
ON I , before me,
the undersigend, a Notary Public in and for said
State, personally appeared
known to me, to be
WITNESS my hand and official 'seal.
-3-
Name (typed or printed)
1
I
• BK 1 4000 Ps '6 7
STATE OF CALIFORNIA,
COUNTY OF Orange
55.
LCOIIR OF ORANGE
ON August 29, 1y90
CITY OF SAN JUAN CAPISTRANO
before me, the undersl¢nc�. a Notarryl ruble -n and for the said State. personally appeared
Gerald F GoeC�San
. Known to me to be the
President. and known to me
Nxw sll
to be rhes Keret of
ZMBARBARA J. STELLAR
RAPUBJ. STELAR
I does en &Co.,Inc.
the Corporacon that executed the within Instrument, known to me to be the parsers who
IgRB
executed the within Instrument, on behalf of the Corporation herein manned, and acknowledged
Py1e GMCE NI
COUNTY OF aura[
to me that such Corporation executed the within Instrument pursuant to its *aws or a
Exci
resolution of its board of directors
III CmNnlanw JL* 17. 1981
WITNESS my hand and article] seal.
I�.t.h v_ Star. c�
.Yoli< in and for anSUte.
d
STATE OF CAUFORNU,
cmlrtt of
ORANGE s
CITY.OF SAN JUAN CAPISTRANO ON MARCH 17 1981
before me, theundersigned, a flolary, Public in and for the Mid Slate, persOI opp,afed
GARY L. HAUSDORFER masa to lite to be the
MAYOR Rnrere6 and knewa to me
tobetlr SeCretaryof CITY OF cA_N TITAN CAPTSTRANO
municipal
th Corporation flat executed rhe wdhin Instrumanl kneam to me to §e rhes fel-OAS Note
executed the wilhm Instrument, on bohalf of the Correlation herein mmcd, and actnavdedgcd
:MOA
FICIALSto me Nat such Corporation executed the vnlhm Instrument pursuant to its dy0ns of a
RYANHANOVER WITNESS y its bard of directmiIf_1'IIThESS my hand znd oKdal sealOFouRGE Cwnm. aGru AP4 20, 1994
aTATE OF CALIFORNIA,
0.
LCOIIR OF ORANGE
CITY OF SAN JUAN CAPISTRANO
IiARCH 23 19-8,
before me, the undersigned, a Notary Public in and for the Mid Slat!, csrsona!ly appeared
knmca to me to be the
�ealdtnt, and MARY 01411 HANOVFR knmm to me
tobethe CTTY CLFR&Sgarvpy of CITY OF SAN THAN 74 TFTRAN0
OFPTCTAL SEAL
Ne Corporation C"at executed the "!hie !rstruient. knaaa to me In be 'he ;ersrns ,no
/ RUTN E MAROUARD
executed ;he vat'm instrument. on Schutt of Ire Caroorabon herein named, aad a0n,,M:d^!d
m. wOIIYP rs5eue • uuseynu
to me that sues Corporation executed the wimin In9tmacntpcauant to its bplawa Of 3
aRArwE fawns•
r:sc:_G;n cf its board of II
AlY
Aft, mmm. aoirn AUT 22. 1964
WITNIM my hand and official seal
/ \,
Notary Puouc to ad lar saiE tle.
KHWwL[e:Y[Ni-Crrr.Jltt (SeC-wsKeYr (aii l$FAn.
Sir TIC
18 1 4000 Pe 68
T, R7.%URDI rEOUrSTED f3i"?ND 39436 RESDINOELS c:S EMPT DUE TO
O.
f ,nu1EN R1:CORDCD RETURN TGOVERNMEN./CODE SECTION 6103
City of San Juan Capistrano
Office of the City Clerk /
37400 Pasco Adelanto MARY ANNOVLR, Ci cy Clerk
San Juan Capistrano, CA 9:675 San Jua Capistrano, California
AECOECEe le CiilCMAI AECCIICS _
Cf C4MGE CCUSn. CAnfONNIA EXC 2PT _
•i125AM KAR30'81 TRACT NO. 11095
LEE A. BRANCH. Caenty Raorder SUBDIVISION AGREEMENT
THIS AGREEMENT, made pursuant to the provisions of Division 2
of Title 7 of the Government Code of the State of California, by and
between the CITY OF SAN JUAN CAPISTRA:NO, a Municipal Corporation,
hereinafter called the "City" and
whose mailing address is
hereinafter called the "Subdivider"
WITNESSETH:
G. F. Goeden G Comoary, Inc.
17931 Beach 31•:d. Suite G
Hnntingten Beach, California 92647
THAT, WHEREAS, Subdivider has filed with the Planning Commission..
of the City a tentative map for a proposed subdivision, known as Tract
No. lime , which has been conditionally approved by the City
Council, and _
WHEREAS, Subdivider desires to postpone the public and private
improvements required as a condition of approval of said tentative map
until a time subsequent to the acceptance and recordation of the final
map of said subdivision, by entering into an agreement and providing
the improvement security required to assure the furnishing and instal-
lation of said improvements within the time herein provided.
NOW, THEREFORE, in consideration of the ?remises and the ap-
proval of the final map of said subdivision and the oostpnnement of the
time to install such improvements, and to satisfy the said condition of
the approval of the said tentative map, the Subdivider hereby undertakes,
promises and agrees as follows:
1. Subdivider will, at his (its) own cost and expense, im-
prove said tract 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 herein by reference, including but not limited to, all
grading work, paving of all streets, alleys and public service ease-
ments, construction of concrete curbs, gutters, cross gutters and side-
walks, installation of storm drainage and sanitary sewerage facilities,
installation of underground conduit street -lighting system, the instal-
lation of all street name signs, and the supplying and planting of all
parkway trees, together with the installation of all appurtenances,
contingencies and the furnishing of all engineering costs and services
to do 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 tentative subdivision. For purposes of this agreement, the Citv
Engineer shall determine the estimated costs of said improvements to
be used for Surety devices as required herein.
2. Subdivider will, at.his (its) own cost and expense, pro-
vide and install all on-site and off-site water mains and appurtenances
and will provide all labor and material to connect the same to exist-
ing main^ and facilities of the Ornnc-n County waterworks District i4,
and will comply with all of the ro.nuircments of said District, and
with tho pl:znn and npccifiritionn far said work, signed by, and on file
in III .,i "i�,_ of ...•. r. C _:, i. ,. u__.l__ ...� .I:cr al ad ..__4:a
rcfer,mcc.
EXHIBIT �7-3
BK 1 4000 Pu 685
`� TRACT NO. ,inns
3. Subdivider agrees to pay all applicable fees assigned by
City. For purposes of this agreement, applicable fees shall be de-
fined as all fees that may be legally assessed through City's ordinances
and resolutions as conditions of approving subdivider's subdivision
and proposed improvements.
4. Subdivider shall furnish one good and sufficient bond in
accordance with the provisions of Chapter 5 of Division 2 of Title 7 of
the Government Code, said bond shall be in an amount equal to the total
estimated cost of work and improvements not to be dedicated to City b, -,t
inspected by City personnel. Said bond shall be conditioned upon faith-
ful performance of this agreement.
S. Subdivider shall furnish two good and sufficient ronds 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 follow-
ing purposes: (a) an amount equal to the total estimated cost of the
said work and improvements to be dedicated to City, conditioned epon
the faithful performance of this agreement, and (b) an additional amount
equal to the total estimated cost of the said work and improvements to
be dedicated to City securing payment to the contractor, his subcon-
tractors, 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 specifica-
tions for said work and improvement which do not exceed ten percent
(10%) of the total estimated cost set forth in Item 4 above, as may be
determined necessary and desirable by him for the proper completion cf
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 improve-
ment and to pay all costs specified herein within a period of
from the date hereof.
S. 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 City 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 obligations hereunder. Bonds 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 any 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 against 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 for 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
tho dedications offered on the final map of said tract to the completion
and accepLance of the improvoment:: c1cocriLod herein, Subdivider shall
parLorm all wort; in a onie, workmnnlike manner and nhall take such
-2-
i • BK 1 4000 P6 686
' ^ TRACT NO. .•,as
precautions as may be necessary to warn and protect the public from any
dangerous condition caused by the construction of said improvements.
13. Subdivider :,hall hold City, its officers and employees
harmless from any and all claims, demands, causes of action, liability
or loss of any sort because of, or arising out of, the acts or omissions
of the Subdivider, his contractor, subcontractors, agents or employees
in the performance of this agreement. _
Executed at San Juan Capistrano, California, this 17th
day of March. 1981 .
SUBDIVIDER
ATTEST:
G. GOEDEN S COMP—WY, INC.
BY
�A
uan - Gerald F. Gooden
istrano City Clerk
(Signature)
San ,
MARY ANN HANOVER
APPROVED AND RECOMMENDED FOR
EXECUTION: President
(Office Held)
iti
City Engineer ) CITY OF SAN JUAN ISTRIv\0
APPROVED AS TO FORM: �,
BY
n ey MA'lOR
(�`l ty^—A`Itt`'o'r'
/ s
Manager �o Orange Countvc
' Waterwor':s District 14
STATE OF CALIFORNIA)
) ss
COUNTY OF ORANGE )
ON before me,
the undersigend, a Notary Public in and for said
State, personally appeared
known to me, to be
WITNESS my hand and official seal.
-3-
Name (typed or printed)
r
nnn
$TATE Or ULIFOBNIA,
tt
WIN i -r V V V I W
STATE OF CALIFORNIA. -�
f
COUNTY OF Orange
ss.
CN August 29, lg 81J
before me. the undern4nnd, a Notary Public 'n and for the said State. personally appeared
Ge rale F. Gooden mown to me to be the
OFFICIAL Si
l
President, and known to me
BARBARA J. STELLAR
to be thdrre
e�F�-13entary
Noraar'UBUC{R�FORNIA
0 Inc.
PWINCiPPL OFFFCL N ;
the Corporation that executed the mitnin Instrument known to me to be the persons who
COUNTY OF ORANGE
executed the within Instrument, on behalf of the Corporation herein named, and acknowledged
elCMnrNMM ExpiresJWy 17. 1981
to me that such Corporation executed the within instrument pursuant to its hyAws or a
.MARYpANN
�_ NOIANx ueuc
resolution of its board at directors.
WITNESS my hand and official seal.
(�
Nott tic in and 0r AIO State.
$TATE Or ULIFOBNIA,
tt
(.aEIY ORANGE
s
CITY. OF SAN JUAN CAPISTRANO
141 MARCH 17 1941_,
id Stale, plly ppppmrnd
before me, the. undersign" a flatary Pudic in and fix the aorsa.'u
GARY L. HAUSDORFER knas-o to um to be the
MAYOR Reesfmme and known to me
-
to be the Secretary of CITY OF GAN JUAN Ca =1 7&421O
IDUII1c1DaI
'
11wearporlif" 1141 executed the eithin Instfumat. kncam to ms to he the Peaaons Kind
--S
executed the within instrument on betulf of the Corparatiw herein named. and netrmynedred
OFFICIAL SERI'
to me that such Quotation executed the mthm implement pursuant to Its bylaws or a
.. HANOo EnRA h .
resolution of its board of practices.
.MARYpANN
�_ NOIANx ueuc
WfiTTESS my hand and official seal -
AtY ��aipirex A°R CO. 19eA .. II
s )m 1. aIm vW Stile. J
iCirentC:MtI1T—<wMhs i Le—vauleN Iww LTren. Ke _ .
SGTE OF U11.11=11,
6
LOONTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO
OFFICIAI FAL
RUTH E MAPIUARD
"n" "400NIA
ORANGE =JM
My comm. em. NAY 23.1984
utaonroulaxa..c,.a:—n.i-a-s«:-..env r� as -a.:.
Ng MARrm 23 1931,
before me, the undersigned a Notary Public in and for the said State, personally appeared
krlamt to me to be the
MAejent mN ARY ANN Hd NOVFA kno'en to to
t0 bl Uw ITY ^i. R MI,»spf rTTY-OF SAN ?11AN (APTCnZA\",)
therCorporation that executed the within Instrument known to me to be the persons tine
r¢ecuted the within Instrument, on behalf of the Corporation herein named, and acknnwl:d^,ed
to me that such Corporation executed the within Instrument pmsaant to its by tarrS Or a
re opution of its board of duectom
WITNESS my two and official smL
m
35435 BK 1 4000 pe 680
RECORDAREQ UESTLD l3nND RE*INT" )EES EXEMPT DUE TO
'.'LIEN RECORDED RETURN TO: GOVERNMENT CODE SECTI N G103
City of S:In Juan Capistrano
Office of the City Clerk
32400 Pasco Adclanto MARY AN. L NOVISS'R, City Clerk
San Juan Capistrano, CA 92675 San Juaki Capistrano, >li8_rnia
ifCOtD[e III 0[i1C'A. [..0X03
a[oluc[cownr.uuwenA EXEMPT
-1145 AM wW30'B1 C2 TRACT No. LL124
LEE A. BRANCH. Cointy Raordw SUBDIVISION AGREEMENT
THIS AGREE?AENT, made pursuant to the provisions of Division 2
of Title 7 of the Government Code of the State of California, tv and
between .the CITY OF SAN JUAN CAPISTRANO, a Municipal Corporation,
hereinafter called the "City" and
whose mailing address is G. F. Goeden E Company, Inc.
17931 Beach Blvd. Suite u
Huntington Beach, California 32647
hereinafter called the "Subdivider".
WITNESSETH:
THAT, WHEREAS, Subdivider has filed with the Planning Commission
of the City a tentative map for a proposed subdivision, known as Tract
too. t1ne4 , which has been conditionally approved by the City
Council, and
WHEREAS, Subdivider desires to postpone the public and private
improvements required as a condition of approval of said tentative map
until a time subsequent to the acceptance and recordation of the final
map of said subdivision, by entering into an agreement and providing
the improvement security required to assure the furnishing and instal-
lation ofsaidimprovements within the time herein provided.
NOW, THEREFORE, in consideration of the premises and the ap-
proval of the final map of said s•ibdivision and the postponement of the
time to install such improvements, and to satisfy the said condition of
the approval of the said tentative map, the Subdivider hereby undertakes,
promises and agrees as follows:
1. Subdivider will, at his (its) own cost and expense, in-
prove said tract by doing all work and providing and furnishing all
labor, materials and equipment and making all installations shown on the
in,provement plans signed and approved by the City Engineer and specified
by the Specifications of the City of San Juan Capistrano, which clans
and specifications are on file in the office of the City Engineer and
incorporated herein by reference, including but not limited to, all
grading work, paving of all streets, alleys and public service ease-
ments, construction of concrete curbs, gutters, cross gutters and side-
walks, installation of storm drainage and sanitary sewerage facilities,
installation of underground conduit street-lighting system, the instal-
lation of all street name signs, and the supplying and planting of all
parkway trees, together with the installation of all appurtenances,
contingencies and the furnishing of all engineering costs and services
to do 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 tentative subdivision. For purposes of this agreement, the City
Engineer shall determine the estimated costs of said improvements to
be used for Surety devices as required herein.
2. Subdivider will, at his (its) own cost and expense, pro-
vide and install all on-site and off-site water mains and appurtenances
and will provide all labor and material to connect the se.me to exist-
ing mains and focilitics of the 0rruige County Watcraort:s Uistr.ict '4,
and willcomply with 11.1 of the rcquircmcnts cf said District, and
wiCh th,, plans and specifications for said work sinned bv, and on file
in Lhr. .,f C1 .:u ui Lllr 01 sai.0 Di.s L,ICL, inco[po r.ILcci hctain by
rcferoncc.
EXHIBIT 117- #
-:4 • BK 1 4000 P6 68 1
TRACT NO. 11094
3.Subdivider agrees to pay all applicable fees assigned by
City. For purposes of this agreement, applicable fees shall be de-
fined as all fees that may be legally assessed through City's ordinances
and resolutions as conditions of approving subdivider's subdivision
and proposed improvements.
4. Subdivider shall furnish one good and sufficient bond in
accordance with the provisions of Chapter 5 of Division 2 of Title 7 of
the Government Code, said bond shall be in an amount equal to the total
estimated cost of work and improvements not to be dedicated to City but
inspected by City personnel. Said bond shall be conditioned upon faith-
ful performance of this agreement.
5. Subdivider 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 follow-
ing purposes: (a) an amount equal to the total estimated cost of the
said work and improvements to be dedicated to City, conditioned upon
the faithful performance of this agreement, and (b) an additional amount
equal to the total estimated cost of the said work and improv?ments to
be dedicated to City securing payment to the contractor, his subcon-
tractors, 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 spacifica-
tions for said work and improvement which do not exceed ten 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 improve-
ment and to pay all costs specified herein within a period of63 < pays
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 City 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 obligations hereunder. Bonds 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 any attorney representina
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 against 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 for any accident, loss or damage
happening or occurring to the improvements specified in this agreement
prior to the completion and ar_cel`tance of said improvements by the City.
12. At all times from the acceptance by the City Council of
thn dedicntions of Cored on thr final mnn of said tract to the completion
and acc<.•,lnn.-r n; !hr im.•..��,n.,n
perrorm ,ill .aorl: in a s:. G.•, wor!: n,nnlihc ininncr and ;hall ta4cc such
ISTRACT N00O P'enc682
precautions as may be necessary to warn and protect the public from any
dangerous condition caused by the construction of said improvements.
13. Subdivider shall hold City, its officers and employees
harmless from any ano all cldims, demands, causes of action, liability
or loss of anv sort because of, or arising out of, the acts or omissions
of the Subdivider, his contractor, subcontractors, agents or employees
in the performance of this agreement.
Executed at San Juan Capistrano, California, this 17th
day of March 1 1781 .
SUBDIVIDER
ATTEST:
G. GOEDEN S CO s Y, INC.
BY
San Juan istranc City Clerx (Signature;
,NARY ANN RANOVER Gerald F. Goeden
APPROVED AND RECOMMENDED FOR
EXECUTION: President
AOI �! • AUH 41
City Engineer
APPROVED AS TO FORM:
�ty Attorney
Manager of Orange County
Waterworks District ;4
STATE OF CALIFORNIA)
) as
COUNTY OF ORANGE )
(Office Held)
ON 1 ,
the undersigend, a Notary Public in
State, personally appeared
known to me, to be
WITNESS my hand and official seal.
-3-
before me,
and for said
Name (typed or printed)
STATE OF CALIFORNIA, ...
Ss
CounTr OF. Orange
ON August 29, 1980
1 before me.he unde75t�ned. a Notary Public '.n and tar the said State. aersanally icoured
Aral F. Goeden _ mown to me to be the
President, and known to me
to be the Sec ta ai
OFFICIAL SEAL �F-�oe�eai & C o., Inc.
BARBARA J. STELLAR the Corporation that executed the within Instrument, oawn to me to be the persons who
NOTAFrx PUBLIC CALIFORIMA executed the within Instrument on behalf of the Corporation herein named, and acknowledged
PMNCIPAL OFFICE IN to me that Such Corporation executed the within Instrument pursuant to its bylaws or a
COUNTY OF ORANGE resoiutian of its board of directors.
M Qoowelomi Expne JLYR 17. 1ga1 WITNESS my hand and official seal.
No tic in are lar said State.
STATE O' CALIFORNIA, )
ea
Wxy ORANGE
CITY.OF SAN JIIAN CAPISTRANO 011 MARCH 17 _ 193_.
before om the undcrsicn d. a notary 14bhc in and for the said State, persavlly app:ared
GARY L. HAUSDORFER know to Inc to be the
MAYOR ReealSmx and known to me
to be Ug Secretary of CITY OF SAN TITAN G1PT=,b SQA
�municipal
Contraries thdl executed the eithin Idstrummr. knoan to me to be the persons who
executed the within Instrument, an bcte if of the CMPanhml herein named. and ackna..ledgdd
to me that such Corporation executed the mthin Irtetludems pursuant to Its by17ws ar a
OFFICIAL aEaL - resolution of its bmrd of duaclors
RYANN HANOVER f WITIOM my haed and Otl'miol Seel
f,JNEQ):IA
UNL�CAIO'c WC>'mmnt uWu I -•PR 27. 1983
HOOT PoGm m aha IN 1340 Lala.
SFAFE OF MFORNIA. ' ' II
a 11
Z= OF. r.RANr,F
' II
CITY OF SAN JUAN CAPISPNO 011 MARCH 23 IQQ
RAR1
before me, the undersigned. a Notary Public in and for the said State, personally appeared
knnseo to me to be the
President, and NARY ANN HANnVFR kn0'wn to me
mbe0;. CTTY CtFRxx+rm.*a„af 77= nP oar. ITIAN naPTC74 ANn
IQOFT10AL SEAL -
RUTH E MARGUARD
•. �] ROIARr mrM IS • CALIFORNIA
'F OR"" edurm
MY
mm Lapsn MAY 23, 1881
t�Cbtpontion fnat executed the mfhin Instrmnnnt knmm to me to be the persons who
eseated the rdlhin Instrument. on behalf of We Corporation herein named, and aeknwacdrCd
to me that such Corporation executed the wilWn Instrument pursuant to its byL+ws or a
resolution of its board or directprs
WIINIM my hand and official seal.
TRACT NO. 1010
OR PROJECT
BOND NO. 106987--
PUBLIC PREMIUM: ,-33-7-M—
BOND FOR IMPROVEMENTS
(iAITHFUL PERVORMANCE)
WHEREAS, the City Council of the City of San Juan Capistrano, State of
California, and G. F. Gooden 8 Cp an , .whose
mailing address is rookhurSt t. Ste. L Huntin ton each, a. 92547
hereinafter designate a-3 s Principe , have entered into an agreement whereby
Principal agrees to install and complete certain designated improvements,
which said agreement dated , 19 and identifies
as (Subdivision Agreement for Tract Project ) is
hereby rci_rred to and made a part here—mad
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 Developers Insurance Company
whose mailing a cess is
as Surety, rre held. and firm y boun AuntoStth%102
City o San Juan Capistrano, hereinafter called City, in the penal svm
of Thr hund+d essTv ftv�Liysand--_____Dollars ($ ) lawful
money o. the United States, for the payment of which sum we and truly
to be made, we bond ourselves, our heirs, successors, executors and
administrators, jointly and severally, firmly by these presents.
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,
,.nd shall indemnify and save harmless the City of San 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 executed by the principal
and surety above named, on gamtwahar In , 19 p_.
PRINCIPAI. SURETY
Address of 5%i�d' :'] .
11Y _ -
George Oioks, Attorney-in-ract
_2z_311 Brookhurst St_, Suite C ..
--duntiutpn Beach, Ca. _92647 ��Lf
-.._
NOTE: A.:4::: t0l! �.f �,ri nri��.tlr ;tad SIn ,:Cy nt U.^•t L'`riv
0
i,rf,c•r loo. 10103
or, prOJECP
BOND NO. 1nngR7
PUBLIC PREMIUM: included
130170 rOr I4iPizovr: :,:•1 :S
(LABOR .J10 !?NTER1ALS)
WHEREAS, the CiLy Counci.l of the City of Fan Juan Capistrano, State of
California, and G. F. Gopden R Comoany , whose
mailing addrens is X311 Broo Ste • C.. Huntington Beach. Ca. 92647 ,
hereinafterci
designated as Prinpal, Lave entered into an agreement whereby
Principal agrees to install and complete certain designated improvements,
which said agreement dated , 19 _, and identifie,
as (Subdivision Agreement for Tract 10103 ) (Pro)ect ) is
hereby referrca to and made a part hereof; and .
WILER£T.S, Said Principal is required under the terms. of said agreement, to
furnish a bond ioi the labor and materials of said agreement.
NOW, THEREFOrE, we, the Principal, and Developers Insurance Company
whose mailing adaress is 5152 Katelta Ave.. Ste. 102.
lnc Alamitns. Ca- an72D� as Surety, are held and firmly bound unto the
City of San Juan Capistrano, hercinaftnr called City, in the penal sum
Of Thtee_hundred sixty five thousand --------Dollars ($**365.000.00*"• 1 lawful
money of the Ulu ced Status, for the payment of r:hi.ch sum well and truly
to be made, we bond ourselves, our heirs, :successors, executors and
administrators, jointly and severally, firn:Ly by these presents.
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 he kept and performed at the tine 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 San 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 wort: or to the specifications.
IN WITNESS WHEBI OF, this instrument has been duly executed by the principal
and surety above named, on September 30 , 19 80
PRINCIPAL
G. F. Goeden b Comoany
22311 Brookhurst St., Suite C
Huntington Beach, Ca. 92647
SURETY
Developers Insurance Company
UY_..
George Dicks, Attorney-in-fact
0
To .47 cA ,..T,1
f Individual)
STATE OF CALIFORNIA
COUNTY OF Orange
�j
QTITLE INSURANCE
AND TRUST
SS, A rICOR COMPANY
On 10-2-80
State, peraonall a before me, the undersigned, a Notary public in and for said
F ppeared
to be the person __ whose name_ subscribed
within int
to the sment and acknowledge&1 at _
executed the sam
WITNESS my h 41 and official seal.
Signatur
i
ette Rieger
Name (Typed or Printed)
known to me
4``�y SV,F ClA1 SEAL���•�i
"rOtAlrr wJe F RIEGER •
•
a VA'AN� C CAL* NIA •a��••� my Coin t uh7rakN
- -. ITai. rna 1w .•.ial •Haryl WII _. _.
sta,eol California
county of Orange ( as
On September 30, 1980 . before me -a Notary Public in and for said County and State, residing
tnerem. ouiy commissioned and sworn, personally appeared George Dicks
known to me to be Attomey-m-Fact of DEVELOPERS INSURANCE COMPANY
the corporation described In and that executed the within and toregomg Instrument, and known to me to be the person who executed the
m:ci instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same
IN WITNESS WHEREOF, I have hereunto net my hand and affixed my ofhcial seal, the day and year stated in this certificate above.
•�,� OFFICIAL SEAL ,
My Comm:sion Expires -+� Sandra K. Edwards _
is i .
PRINCIPAL OFFICE IN Notary Public
.bl:I2666 ORANGE COUNTYIL -
My Commission Ex fres Feb. 24. 1994
TRACT NO, 11095
OR PROJECT
BOND 110. iQQQ85
111213 L1c PREMIUM: 54,590.00
DOTIU FOR 11•:P::OCEMrNTS
(FAITHFUL PEP.I'ORMANCE)
WHEREAS, the City Council of the City of San Juan Capistrano, State of
California, and G. F. Goeden & Compal ,.whose
mailing address ii- 2317 FFookh' _ 2, !its. C, Huntington tseach, La. 92647
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 identific:
as (Subdivi.sion '.grvcrsent for Tract T)> ) (Project _ ) is
hereby referred to and made a part hrrcof; and
WHEREAS, Said Principal is required under the terms of said agreement, to
furnish .P. bond for the faithful performance of said agreement.
NOW, THEREI'ORE, we, the Principal, and Developers Insurance Company
whose mailincr address is 5152 Katella Ave.. Ste. 102,
Inc Alemitnc,__Ca_ 90720 as Surety, :re held and firmly bound unto the
City of San Juan Capistrano, hereinafter called City, in the penal sum
of Fpur hundred fifty nine thousand --------Dollars (`.*'459.000.00•" 1 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, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded
Principal, his or its heir::, 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,
:.nd shall indemnify and save harmless the City of San 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 tb 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 September 30 , 1980
PRINCIPAL SURETY
G. F. Goeden d Company Developers Insurance Company
Address of subdivi� -
22311 Brookhurst, St_, Suite_C
__ Huntington Beach, Ca_ 92647_
NOTE: A,'! 11 .. ,
BY_!
George Dicks, Attorney-in-fact
2 �lf
i, v. ,.r 1', irri,.., l:; ;i pai l:u,,ay ma.^.l L:•
TRACT NO. 11095
OR PIZOJL•'CT
BOND NO. I=M --
PUBLIC PREMIUM: Included
DOND FOR IR1l'110VhNi:1;TS
(LABOR AND 'MATERIALS)
WHEREAS, the City Council of the City of San Juan Capistrano, State of
California, and G. F. Goeden 6 Company whose
mailing addrer;s is n,4„ prn, _nn Reach. f�, 92547
hereinafter dcsignnted as 1'rincipa , have entero into an agreement whereby
Principal agrees to install and complete certain designated improvements',
which said acrcement dated 19 , and identified
as (Subdivision Agreement for Tract Project 1 is
hereby referred to and made a part herec�; and
WHEREP.S, Said Principal is required under the terms. of said agreement, to
furnish a bond for the labor and materials of said agreement.
NOW,, T17ERErORE, we, the Principal, and Developers Insurance Comoany
whose mailing a dress is p ate a ve., e.
Al i a 720. as Surety, are held and firm y pun unto tris
City o San Juan Capistrano, hereinafter called City, in the penal sum
of Four hundred fift nine thousand ---------($'"'459,000.00' ) lawful
money o the United States, tor the payment of which sum well and truly
to be made, we bond ourselves, our heirs, successors, executors and
administrators, jointly and severally, firmly by these presents.
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
thair 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 San Juan Capistrano, its
officers, agents and employees, as therein stipulated, than 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 agrccment or to the work or to the specifications.
' IN WITNESS O'IIEHEOF, this instrument has been duly executed by the principal
and surety above named, on September 30 19 80
F111NC iI•i�L
i
nd,li., ..., , , ; - „ ., r:
22311 Brooknurst St., Suite C
Huntington Beach, Ca. 92547
SURETY
Developers Insurance Comoanv
'George.Dicks, Attorney-in-fact
111', !��' .1 ." i I,
I
C -I
To AUT CA (4.73)
(individual)
STATE OF CALIFORNIA
COUNTY OF Orange SS.
J&TITLE INSURANCE
AND TRUST
AncxRl COMPANY
On 10 2 80 before me, the undersigned, a Notary Public in and for said
State, personally appeared
Gera Id F. Goe8en
to be the person _ whose name_ IS subscribed
to the within inti nt and acknowledged that—
executed the same
WITNESSZmyrnd and official xal.
Signat
S tette Rieger
Name (Typed or Printed)
known to me
r`1
444446i�4taN••••••••*••••••�•
• OFFICIAL SEAL •
SUZETTE RIEGER i
a
Q,iNOTA" PUSEIC-CALIFORNIA •
• 4 ORANGE COUNTY •
Commission Expiresiiu 20. frof:
ITlaa area Iw a•Mial aatwimi wait
Stateof California
Count, o! Orange E W,
on September 30, 1980 betore me, a Notary Public in and for said County and State. re idmg
ere:r. duly commissioned and swom. personally appeared George Dicks
c-ewn to me to be Attorney -m -Fact of DEVELOPERS INSURANCE COMPANY
the corporation described in and that executed the within and toregomg mstrvment, and known to me to be the person who executed the
m:n insmument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated m this certificate above.
OMCIA SEAL
l -A Sandra K. E&N rdS
A:? Ccmmission Expires
PaiNotary Public
:!^.'•'��.•. NC�PaI. Cif�CC In
:GAJ
12 .Fj.Bp ORANGE COUNTY
I My Ccmmission Esr%.r reb. 24. 1994
PUh1.1C
UONU COR IMPnOV1a11.1;115
(LAHOP. A.I1D M9ATLRIALS)
,TRACT NO. 11094
On 1'nO.7FC•1'
BOND NO. 100999_
PREMIUM: Inc u e —
WHEREAS, the City Council of the City of San Juan Capistrano, State of
California, and G. F. Goeden & Company , whose
mailing addref;s is 22311 Brookhurst St.. Ste. C� Huntington Beach. Ca. 92647
hereinafter designated as Principal,ave entered into an agreement whereby
Principal agrees to install and complete certain designated improvements,
which said agreement dated , 19 and identifie.
as (Subdivision Agroement for Tract TiO -) (Project- ) is
hereby referred to and made a part he rcTid
WHEREAS, Said Principal is required under the terms of said agreement, to
furnish a bond for the labor and materials of said'agreement.
NOW,, THEREFORr, we, the Principal, and Developers Insurance Company
, whose mailing ad3ress is 5152 Katella Ave., Ste. 02,
Los Alamitos, Ca. 90720 , as Surety, are held and firmly bound unto the
City of San Juan Capistrano, hereinattr_r called City, in the penal sum
of Three hundred thirty seven thousand ----- E>oll.ars ($*•337,000.00**• ) lawful
money of the United States, for the paynent of which sum well and truly
to be made, we bond ourselves, our heirs, successors, executors and
administrators, jointly and severally, firmly by these presents.
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 San 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 tared as costs and
included in any judgment rendered_
The surety hereby stipulates and ,agrees that no change, e);ten--iou of time,
alteration or addition to the terms of the agreement or to the work, to be
performed thereunder, or the specifications accompanying some, 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 wort: or to the specifications.
IN WITNESS WuEnEOr, this instrument has been duly executed by the principal
and surety above named, on iee*>mhe,• in , 19Rn
PIIINCIPAL SURETY
A.hln ••::• of ;1:h•1 it•i,�.•r:
22311 Brookhurst $t., Suite C.
.. Huntington Beach, Ca. 92647
npyelop rs Insurance emoany
BY =
George Dicks attorney-in-fact '
•
PU;SL+' C
30!' Fps
(I'A I.'iii UL-PL'iil'G R'�J.I:CF)
,170.00
V.MERFIS, the City Council of the City of San Juan Capistrano, State of
California, and G. F. Goeden & Comoan. Whose
mailing address is�3 3rookhurst St., Ste. C, Huntington each, a. 92647
hereinnftcr desi,nated as Principal, P,ay.: entered into an agreement wht-achy
Principal ac+rees to install and complete certain designated improvements,
which said agreement dated , 19 , and identified
as (Subdivision Agreement for Traet-7T6 lP o ect ) is
hereby referred to and mr-de a part hcreo ; and
WHE^ERS, 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 Developers Insurance Company
whose mailing address is a "1'U4,
dos amitos, a. as Surety, :re held and firmly bound unto the
City of San Juan Capistrano, hereinafter called City, in the penal sum
of Thr h n r *hir v n thousand -----Dollars (S -33760P 0.00*" ) lawful
money o: the Urite States, or the payment of whisum wel and truly
to be made, we bond ourselves, our heirs, successors, executors and
administrators, jointly and severally, firmly Ly these presents.
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 aild any alteration thereof made as therein provided, on his or
:heir part, to be kept and performed at the time and in the manner therein
r<Pocified, and in all resr'tcts according to their true intent and meaning,
..nd shall indemnify and save harmless the City of San Juan Capistrano,. its
officers, agents and employees, as therein stipulated, than this obligation
:hall become null and void: otharwise it shall be and remain in full force
and effect.
1s a part of the obligation secured hereby, and in addition to the face
amount soecified therefor, there shall be included costs and reasonable
expenses and fees, includinj reason3ule attorney's fees, incurred by City
in suecdssfUlly enforcing such obligation, all to be taxee as costs and
included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time,
alteration or addi a on to the terms of the agreomant 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 tame alteration or addition to the
terms of the agrcca_nt or to the work or to the specifications.
IN WITNESS WHEREOr this instrument has been duly executed by the principal
and surety above named, on rrQtember 30 , 198_.
PTZINCIPAL
r, c Gptdee R C=Aay
,lyd rens OC SuuC1'b'1 ��"':
_ 2311 3rookhurst St. Suite C
Huntington ?each, Ca. 92547
SURF,TY
Develooers insurance Domoany
�i20rgp Oicks, ;attorney -In -,act
k' -
;.,.t=. California
Orange 1 52-
September
September 30, 1980
,^eaa,=sworn . .___e.<: acoria
George Dicks
re:crc mr a I:aar::r, ane Icr said .Coonry aro S•s:r rese:rp
,Known to me z ne A!:cl,les-mFam C DEQ E.O'r_.',S INSURANCE COMPANY
CrM-31on oesrrDed In an. - rxerj:ed ei� w -:ren and xre o:nq 1.1rurnem. ano r-nown to me to be th- vrson wnc exarc:c me
. a.c ::_:: ur.:e.^.: m txhah c`.:he sato co:;c-ra::_:. and t:e duly accnowiedged tome tha: such cor: o:anon execuw i. c same
IN WITNESS W.HEREOF, I have hereur..a se: my hand and af:u(ed my official seal.:ile day anc year rased In 12s ce.1l1icale aoove
{ Ipz OMCIAL SEAL
Sandra K. EdW3.ds ll
•�lC-^'^S.On Lx'.Ver o •t•.••?\IA A
}gp) Ca CFC_
Irr Nola Public
3 A'v Co^on Er Feb . 193
ro 441 CA (4.731
i
(Individual)
rr TITLE INSURANCE
J AND TRUST
j
STATE OF CALIFORNIA
)
Orange
AMOR COMV
} SS.
1
COUNTY OF
1
t
On 10 2 8A
before me, the undersigned, a Notary Public in and for said
State, personally appeared
W
Q
W
S
W
known to me
A.
to be the person _ hose name IS
cribed
a
to the within instru nt nd acknowledged
hat e
executed the same.
•r•... •••••••.•••••..••••••1••
WITNESS my ban nd-ofcial
OFFICIAL SEAL •
'
• +� SU7ETTE RIEGER
• �.•� NIVA•.-.s.3LIC-CAWLIRNIA
l
Signature -
: �:' _•x Al""E COUNI, i
Suzett
C- %wission Expires Nov 20,1981 •
j
eger
••..................•.......••
hat'6 (Typed or Printed)
(TW, aru Iw •M i.1 nlWxl .1)
;.,.t=. California
Orange 1 52-
September
September 30, 1980
,^eaa,=sworn . .___e.<: acoria
George Dicks
re:crc mr a I:aar::r, ane Icr said .Coonry aro S•s:r rese:rp
,Known to me z ne A!:cl,les-mFam C DEQ E.O'r_.',S INSURANCE COMPANY
CrM-31on oesrrDed In an. - rxerj:ed ei� w -:ren and xre o:nq 1.1rurnem. ano r-nown to me to be th- vrson wnc exarc:c me
. a.c ::_:: ur.:e.^.: m txhah c`.:he sato co:;c-ra::_:. and t:e duly accnowiedged tome tha: such cor: o:anon execuw i. c same
IN WITNESS W.HEREOF, I have hereur..a se: my hand and af:u(ed my official seal.:ile day anc year rased In 12s ce.1l1icale aoove
{ Ipz OMCIAL SEAL
Sandra K. EdW3.ds ll
•�lC-^'^S.On Lx'.Ver o •t•.••?\IA A
}gp) Ca CFC_
Irr Nola Public
3 A'v Co^on Er Feb . 193
RACT 140. 11093__
OR PROJECT
BOND NO. 10095&
PI+I+1.1C PREMIUM: Inc u -e
DOND COR IFiPGOVL'111:1:'I'S
(LABOR, AHD PATERIP.LS)
WNEREAS, the City Council ofthe City of San Juan Capistrano, State of
California, and G. F. Goeden 6 Company whose
mailing address is ,191t R.•nn4huncr cr c iirn r �y my_ti apron B a h. a. 92647
7 ,
hereinafter designated as Principal, have entered into an agreement whereby
Principal agrees to install and complete certain designated improvements,
which said agreemant dated , 19 and idontified
as (Subdivision Agreement foz TTraeL 11093_) (Project ) is
hereby referred to and made a part hcrc-; anand
WilEREAS, Said Principal is required under the terms. of said agreement, to
furnish a bond for the labor and materials of said agreement.
NOW., TIIEREFOP.E, we, the Principal, and Developers Insurance Company
whose mailing addicss is a e11a Ave.. 5te.
Los Alamitos, Ca. 907TO—,. as Surety, are held and firmly bound unto the
City of San Jinn Capistrano, hereinaftor called City, in the penal sum
Of From hundred eichts _eiaht thousand ------Doll ars ($**488.000.00*** ) lawful
money of the United Statcs, for the payr•.cnt of which sum well and truly
to be made, we bond onrsclves, our heirs, successors, executors and
administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded
Principal, his or its heirs, executors, administrators, successors or
assions, 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 San 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 tared 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 wort: or to the specifications.
IN WITNESS W711M1;OF, this instrument- has been duly exccut-ed by the principal
and surety above named, on September 30 1980
• PRINCIPAL SURETY
G. F_Goeden S Company Developers Insurance Company
illy
BY
George Dicks, Attorney-in-fact
Xhi5•r
2131.1 BrookhurstSt., Suite C
.. .Huntington Beach. Ca. 92647
Y TRACT NO. 11
OR PROJECT
BOND NO. 1009
PUBLIC PREMIUM: S37$OZd'—'--
BOND FOR IMPROVEMENTS
(FAITHFUL PERroRMANCE)
WHEREAS, the City Council of the City of San Juan Capistrano, State of
California, and G. F. Goeden 8 Company ,.whose
mailing address is 22311 arookhurst St.. Ste. C., Nuntinyton each. Ca. 92647
hereinafter designatetc aPrincipal, have entered into an agreement whereby
Principal agrees to install and complete certain designated improvements,
which said agreement dated , 19 and identifiec
as (Subdivision Agreement for Tract Project ) is
hereby referred to and made a part hereon; and
WHEREAS, Said Principal is required under the terms of said agreement, to
furnish a bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the Principal, and Oeveicoers Insurance Company
whose mailing address is aitz ratetiaAve., 4ce. ;U41
LOS Alamitos, Ca. 907ZO as Surety, :-re held and firmly bound unto the
City or San Juan Capistrano, hereinafter called Cityy in the penal sum
of Four hundred eighty eight thousand ------Dollars ($""488,000.00' ) lawful
money o the Unite States, or the payment of w is sum well and truly
to be made, we bond ourselves, our heirs, successors, executors and
administrators, jointly and severally, firmly by these presents.
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, an 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,
,.nd shall indemnify and save harmless the City of San 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 tame alteration or addition to the
terms of the agree^ant 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 September 30 , 19 80
PRINCIPAL
�—•+ G. F. Goeeen 6 Company
A
hddre�s �>i ,: Lc: Zvi
1211.3-aranknursi St- .Suit, _C_.—
SURETY
Developers Insurance Company
RY
George Dicks, Attorney-in-fact
_�untington.8each, Ca- _92647-.._._
NOTE: cool oi, I-rind Suiur -v nm .J I�,-.
0
ro AA> ca (A.>a)TITLE INSURANCE
I Individual) AND TRUST
(, STATE OF CALIFORNIA l Anconcoxaxlr
COUNTY OF Orange } SS.
On 10-2-80 before me, the undersigned, a Notary Public in and for said
State, personally appeared
W
Q
X Gerald F. Goeden
W , known to me
W
L to be the person _ _whose name 15 subscribed
r
• to the wityinstrumiand acknowledged thatexecuted tWITNESS official seal.
Signature
C '
-A—
S64ette Rieger
Name (Typed or Printed)
• OFFICIAL SEAL
v _ SUZETTE RIEGER i
• N07Aa'1 PUBLIC - CALIFORNIA
• JxAnGE COUNTY
♦ •
♦♦••••••.My COmmis-mn Expires Nov 20, 1981♦
MI. axe M1r aMial aa1Wa1 xal) _
slate of California
County of Orange S:
Cn September 30. 1980 , before me. a Notary Public in and for said County and State, residing
therein, duly commissioned and swam, personally appeared George Dicks
known to me to be Attorney -in -Fact of DEVELOPERS INSURANCE COMPANY
tre corporation described in and that executed the within and ioregomg instrument, and known to me to be the person who executed the
m:a Instrument In behalf of the said corporation, and he duly acknowledged to me that such cors oranon executed the same
• IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal,
OF
Ge°'?� FICIAL SEAL
1.th Sandra. K. Edwards
My Comm=ion Expires
'60212-666 u �� ORA::BE COL. oY
the day and year stated In dus certdlcate above.
4
1 Notary Public
WAKJFT1 IG : 1
City Hall
32400 Paseo Adelanto
San Juan Capistrano, California 92675
Gentlemen%
(213) so&-Isls
U131 670-0111
RE: Tract Nos. 11093, 11094,
1109.5 and 10103
OWNER: G. F. Goeden & Co.
SURETY: Developers Insurance Co.
Please be advised that this office has filed a
legal action, on behalf of Livingston -Graham, Inc. against
the surety on the improvement security posted in connection
with the above -referenced tract developments. Said claim is
in the sum of $4,326.76, together with interest and costs of
suit.
In accordance with Government Code Section 66499.7(b),
you are hereby notified not to release the security to the
extent of our client's claim.
It would be greatly appreciated if you would notify
the undersigned of the date of acceptance of the off-site
improvements to said tract.
Thank you for your consideration of this matter.
Very truly yours,
BROWN & BROWN
r "1
By! Lynn P(. Shinmoto
i
%, LAS:lgt
RIAN
LAW OFFICES OF
BROWN & BROWN
HOWARD S. GROWN
MATNARD J. GROWN
►RIOICSSIONAL CORMRATION
RODNEY MOSS
CSNTURY CITY NORTH BUILDING . SUITE 1000
-EYES S. LEVITY
RONALD J. MANOELL
10100 SANTA MONICA SOULEVARO
/
DONALD G. DEVIRIAN
LOS ANOELES.CALIFORNIA 000e7
SRAOLEY A. RAISIN
IRWIN E. SANDLER
MASON C. GROWN
LYNN A.SHINMOTO
T
January / , 1983
it_
WAKJFT1 IG : 1
City Hall
32400 Paseo Adelanto
San Juan Capistrano, California 92675
Gentlemen%
(213) so&-Isls
U131 670-0111
RE: Tract Nos. 11093, 11094,
1109.5 and 10103
OWNER: G. F. Goeden & Co.
SURETY: Developers Insurance Co.
Please be advised that this office has filed a
legal action, on behalf of Livingston -Graham, Inc. against
the surety on the improvement security posted in connection
with the above -referenced tract developments. Said claim is
in the sum of $4,326.76, together with interest and costs of
suit.
In accordance with Government Code Section 66499.7(b),
you are hereby notified not to release the security to the
extent of our client's claim.
It would be greatly appreciated if you would notify
the undersigned of the date of acceptance of the off-site
improvements to said tract.
Thank you for your consideration of this matter.
Very truly yours,
BROWN & BROWN
r "1
By! Lynn P(. Shinmoto
i
%, LAS:lgt
RIAN
DA A M.C110wY•
DAVID D PP. . YAIR• _-
STANTON A2CLLANO-
O. Ronewr "ALK.
MTINCR J. DUPFY $
MICHAEL P. MIHCHCLLA-
THOMAS P. M.OUIRC-
WILLIAM J. INGALSBE•
STEVCN P. LAWRCNCE
PHILIP C. PUTNAM
JOHN S. WCET
0" ` ,
MON=ONE k MCCROBY
LAWYCRS
A. MIRN419MIrW NNIV 9gR11L 0]MOwAnaw
3400 MUTUAL BCNCrIT UPC BUILDING
"Go WILSHIRE SOULEVAND
LOS AMGCLES, CAUPORNIA 00030-814&
DAMICL A. MART
0. MICHAEL SCHOENFELD - - - - - --
Jaber* A. MILLER February 14 , . 1982
•A MIO/LfSNNMI LTawPORAYwM -
0-S
STEPHEN MONTLL[ONC
l�a�-Ismail
TELCPNONC
}913) 837-1633
YELEX
67-4044
TCLCOOPIER
I9L3) 837-4663
OUR TILS NUMScw
7802
City Council
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Rex Subdivision Agreements, Tract Nos. 11093, 11094,
11095 and IQ103; Goeden Company, Subdivider
a
Dear Members of the Council:
We represent Stanley F. Yelich, Inc., a California
corporation, concerning a dispute with the Goeden Company
(formerly known as G.F. Goeden & Company, Inc.,) the
subdivider on tract Nos. 11093, 11094, 11095 and 10103 in
the City of San Juars Capistrano.
i
This letter and the accompanying tice o£ ending �I"pw
no(w3
action in case No. 391617 of the Orange County Superior Court,
is intended to constitute notice to you under California
Government Code Section 66499.7. Stanley F. Yelich, Inc.,
claims the following amounts are owed for the furnishing of
labor equipment and materials in connection with the construction
of improvements for which security is required pursuant to
California Government Code Section 664999 et seq.:
Sanitary Sewers $69,393.50
Storm drains 137,860.41
Water systems 132,821.95
Please refrain from releasing the securities posted
in connection with the above work until final disposition of
t4A lawsuit involved.
m
a = Very truly yours,
;r—,cam
="h MONTELEONE & McCRORY
UJ
i- -
C 4.7 UD =
t
m By
I!" FHAEL F. MIN HELLA
MEM: sm
cc: Stanley F. Yelich, Inc.
George M. Lohnes, Jr. ii /1 ,
=Co��13gL�
1
2'
31
- �• 4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
WHEN RECORDED
MAIL TO:
LAW Orncss
MONTELEONE & McCRORY
sum 2900 Nut 86M Lim su11A1N6
6600 WIYMu16 60uL6Y
LOS ANGYL6S. CALIFORNIA 60036
(212)937.1963
02-431 J
(6PAC8 BELOW FOR FILING STAMP ONLY)
r
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
I U PM DEC 14'82
1.ee k Branch. County Recorder
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF ORANGE
STANLEY F. YELICH, INC., )
Plaintiff, )
vs. - )
)
THE GOEDEN COMPANY, a - )
corporation, DEVELOPER'S )
INSURANCE COMPANY, a cor-
poration; and DOES 1-205, )
Inclusive, )
Defendants. )
CASE NO. 391617
NOTICE OF PENDING ACTION
NOTICE IS HEREBY GIVEN that the above -entitled action
concerning and affecting real property as described herein was
commenced on December 1, 1982, in the above-named court by
STANLEY F. YELICH, INC., plaintiff, against THE GOEDEN.COMPANY,
a corporation; DEVELOPER'S INSURANCE COMPANY and DOES 1 to 205,
inclusive,.defendants. This action is now pending in the
above-named court.
This action affects the title of real property
situated in Orange County, California, and is described as
follows:
m
m
c
2nm�?
Cr7
9
29
—�
m
_nrly-
J1
m
0
3
C=
,.,
NOTICE IS HEREBY GIVEN that the above -entitled action
concerning and affecting real property as described herein was
commenced on December 1, 1982, in the above-named court by
STANLEY F. YELICH, INC., plaintiff, against THE GOEDEN.COMPANY,
a corporation; DEVELOPER'S INSURANCE COMPANY and DOES 1 to 205,
inclusive,.defendants. This action is now pending in the
above-named court.
This action affects the title of real property
situated in Orange County, California, and is described as
follows:
1
2
3
4
S
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
--)37794
Tract Nos. 11093, 11094, 11095 and 10103
San Diego Freeway and Rancho Viejo Road, San Juan
Capistrano, California
The object of plaintiff's complaint in the
above -entitled action is to foreclose and enforce that certain
mechanic's lien on and against the property described herein,
which lien is evidenced and'seoured by a duly recorded,
verified claim of lien.
DATED December _L., 1982.
& McCRORY
BY
GRANT R. A KERMAN
Attorneys for Plaintiff.
STANLEY F. YELICH, INC.
1
11
13
14
15
16
17
18
19
20
21
23
24
25
26
27
28
VERIFICATION . CORPORATE OR ATTORNEY
1, the undersigned, declare: I am the M the above
errtltled action; I have read the foregoing
and am informed and believe that the same is true. I hereby declare under penalty of penury that the fore.
going is true and correct.
Esstauted on at . CalifonJa.
(Signature)
VERIFICATION . INDIVIDUAL PARTY
1, the undersigned, declare: 1 am the in the above
entUled action; I have read the foregoing
and know the contents thereof; and declare under penalty of perjury that the same is true of my otors knowledge,
except as to the matters which are therein stated upon my information or belief, and as to than matters I
believe them to be true.
Executedd on at . California.
(Signature)
PROOF OF SERVICE BY MAIL
I an a resident of or employed in the County of Lot Angelis; I am over the age of eighteen years
and not a party to the within entitled action; my business address is SW Wilshire Boulevard, Suite 2900,
Los Angeles, California 90036.
on each of the parties in said action, by placing a true copy thereof enclosed in a sealed envelope with
by Certified Mail, Return Receipt Requested
pottage thereon fully prepaidAin the United States mail at 7.oSnq 1 APe , California
addressed to each such party if in pro per or to thetr attorney of record if they have such as follows:
Developer's Insurance Company The Goeden Company
5152 Katellar Suite 102 17702 Cowan Street
Los Alamitos, CA 90702 Irvine, CA 92714
I declare that I am employed in the office of a member of the bar of this court at whose direction
this service is made.
I declare under penalty of penury that the foregoing is true and correct.
Executed on no aeninor Q, igf29 at Tna Angeles California.
December 20, 1982 CERTIFIED MAIL
Clerk and City Council
City of San Juan Capistrano
Office of the City Clerk
32400 Paseo Adelanto
San Juan Capistrano, CA. 92675
Re:, Subdivision Tract No. 10103
Labor & Materials Bond 100987
Principal: G. F. Goeden & Company
Surety: Developers Insurance Company
Gentlemen:
Pursuant to Government Code Section 66499.7, this is to
notify you that Bergen Nurseries dba imperial Landscape
has a claim against the above bond in the principal sum
of at least $88,114.80 plus interest thereon from July 1,
1982 at 7 percent, plus,costsof suit of Orange County
Superior Court Action No. 387908, plus attorney's fees.
It is presently estimated that at the time of trial of
said action, said claim will total between $125,000.00
and $150,000.00.
I am further informed that there may be many other claims
against said bond which claims may exceed the total penal
sum thereof.
Therefore, demand is made that no release, partial or full,
be given as to the above bond until termination of the
above suit and all other suits filed against said bond.
Very truly yours,
SHAPIRO-& MAGUUIR2 LAW CORPORATION
"Dousilas A. Shaw
:ct
LAW OFFICES
SHAPIRO & MAGUIRE
LAW CORPORATION
f� IQz
EUGENE 9. SNAPIRO
5383 WILSHIRE BOULEVARO, SUITE 310
E CXR W. MAGUIRE
BEVERLY HILLS, CALIFORNIA 90211
0OUGL49 A. SMAW
C17, +
MICMAEL J. 9AYAR0
TELEPHONE 555-5170 OR 4857-4577
WILLIAM E. MAGUIRE
;I i
-
- sx
iaxo
December 20, 1982 CERTIFIED MAIL
Clerk and City Council
City of San Juan Capistrano
Office of the City Clerk
32400 Paseo Adelanto
San Juan Capistrano, CA. 92675
Re:, Subdivision Tract No. 10103
Labor & Materials Bond 100987
Principal: G. F. Goeden & Company
Surety: Developers Insurance Company
Gentlemen:
Pursuant to Government Code Section 66499.7, this is to
notify you that Bergen Nurseries dba imperial Landscape
has a claim against the above bond in the principal sum
of at least $88,114.80 plus interest thereon from July 1,
1982 at 7 percent, plus,costsof suit of Orange County
Superior Court Action No. 387908, plus attorney's fees.
It is presently estimated that at the time of trial of
said action, said claim will total between $125,000.00
and $150,000.00.
I am further informed that there may be many other claims
against said bond which claims may exceed the total penal
sum thereof.
Therefore, demand is made that no release, partial or full,
be given as to the above bond until termination of the
above suit and all other suits filed against said bond.
Very truly yours,
SHAPIRO-& MAGUUIR2 LAW CORPORATION
"Dousilas A. Shaw
:ct
e
LAW OFFICCS OF
32400 Paseo Adelanto
San.Juan Capistrano, California
Attention: City Council
Gentlemen:
(2131 ssa-Isis
(2131 670-0131
OI COUMRCL
LICNARO C. OC IRIAN
Re: All American Asphalt
Vs: The Goeden Company
OCSC Case No. 40-72-14
Tract Nos. 11093, 11094, 11095 and 10103
The undersigned represents All American Asphalt in
connection with the recovery of money due from The Goeden Company
arising out of the construction of street improvements upon the
above -referenced tracts.
On July 8, 1983, a civil action was commenced in the
Orange County Superior Court bearing Case No. 40-72-14 by All
American Asphalt against The Goeden Company and its surety,
Developers Insurance Company, seeking damages in the sum of
$1411,501.15. The claim against Developers is based upon certain
surety bonds issued in compliance with Government Code Sections
66499 and 66499.2. We believe the bond numbers are 100983,
100988, 100985 and 100987.
We would greatly appreciate it if you would forward a
copy of the applicable bonds to this office; and, in addition,
advise us as to the date the improvements were accepted by the
legislative body.
Please note that Government Code Section 66499.7(b)
precludes the release of any improvement security to the extent
of any claims made in writing.
Very truly yours,
BROWN & BROWN
By Donald B. Devirian
DBD: 11
BROWN & BROWN
RECEIVED
MOWARO a. GROWN
MAYNARO J. SROWN
MCONCY massTT'
RROFCSSIONAL CORMRATION
�,..
A
ZO PM :a
MCYCR
CCNTURY CIT' MORIN SUILOINO • SUITC'1�yT.O'
J
RONALD J. MANDELL
10100 SANTA MONICA SOULCVARO
DONALD S. OCYIRIAN
MRAOLCY A. "MM
LOS ANaCLCS. CALIFORNIA 00007
`
-
MASON C. CROWN
LYNN A.INIMMOTO
July 13, 1983
.)'`_
JU'::
.Ah
CITY OF SAN MAN
CAPISTRANO
32400 Paseo Adelanto
San.Juan Capistrano, California
Attention: City Council
Gentlemen:
(2131 ssa-Isis
(2131 670-0131
OI COUMRCL
LICNARO C. OC IRIAN
Re: All American Asphalt
Vs: The Goeden Company
OCSC Case No. 40-72-14
Tract Nos. 11093, 11094, 11095 and 10103
The undersigned represents All American Asphalt in
connection with the recovery of money due from The Goeden Company
arising out of the construction of street improvements upon the
above -referenced tracts.
On July 8, 1983, a civil action was commenced in the
Orange County Superior Court bearing Case No. 40-72-14 by All
American Asphalt against The Goeden Company and its surety,
Developers Insurance Company, seeking damages in the sum of
$1411,501.15. The claim against Developers is based upon certain
surety bonds issued in compliance with Government Code Sections
66499 and 66499.2. We believe the bond numbers are 100983,
100988, 100985 and 100987.
We would greatly appreciate it if you would forward a
copy of the applicable bonds to this office; and, in addition,
advise us as to the date the improvements were accepted by the
legislative body.
Please note that Government Code Section 66499.7(b)
precludes the release of any improvement security to the extent
of any claims made in writing.
Very truly yours,
BROWN & BROWN
By Donald B. Devirian
DBD: 11
EXHIBIT G
1. All on-site down drains, V -ditches and other improvements
not otherwise specifically addressed in this Agreement shall
be cleaned to remove all dirt, brush, trash and other
obstructions, and shall then be inspected to determine need
for further work. The condition and stability of all soil
adjacent to these on-site improvements shall be inspected to
detect erosion, instability and other problems. All
unsuitable soil shall be removed, replaced and recompacted
to a density of at least 95%
2. Equestrian trail area, as depicted on attachment G-1, shall
be graded in accordance with the grading plans on file in
the office of the building inspector.
3. Any work identified by the inspections described herein shall
be completed by repair or replacement of the existing facility
with the costs therefor paid from the Contingency Fund
established in Paragraph 3 of this Agreement.
4. All work done as a consequence of this Exhibit G, shall be
completed to the reasonable satisfaction of the City.
TRACT //093, //094,
//095, AND /0/03
C/TY OF SAN JUAN CAPISTRANO
ORANGE COUNTY, CALIFORNIA
D£:c 0°Z -
THE GOEDEN COMPANY
IRVINE .CA.
Equestrian Trail
Equestrian Estates
OHomeowner Association Slopes R,�� •�
and Common Areas j - 7R4cr
E Recreation Area
*Entry Monument
w
Provide equestrian trail gradin(
along Highland Drive on lots 26
27 as shown on page 14 of the
approved grading plan. Typical
section 8' wide with 20% maximus
incline, appfoximately 1200 lin
feet.
//Ct-.\�<� k r�77ACT NO
��� .; �� •• , , i{;. ff�� //094
y- (r
MGDE: 1ITE
SALES OFFICE
VC
I �
N �Y
/ /
\AC
w
Provide equestrian trail gradin(
along Highland Drive on lots 26
27 as shown on page 14 of the
approved grading plan. Typical
section 8' wide with 20% maximus
incline, appfoximately 1200 lin
feet.
//Ct-.\�<� k r�77ACT NO
��� .; �� •• , , i{;. ff�� //094
y- (r
MGDE: 1ITE
SALES OFFICE
AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES
TRACTS 11093, 11095 and 10103
THIS AGREEMENT, dated this L7_!�_ day of Pe—L lgql +
by and between G.F.GOEDEN a COMPANY, INC.
hereinafter called "Subdivider", and ORANGE COUNTY WATERWORKS DISTRICT NO. 4.,
hereinafter called "District":
WITNESSETH:
WHEREAS, Subdivider wishes to obtain water services from the District, and
District requires the construction and dedication of water facilities by Sub-
divider as a condition of providing said water services; and
WHEREAS, Subdivider wishes to record the final map of Tract No. 11093,
11095, 10103
prior to the installation of the water system and facilities; and
WHEREAS, Subdivider has prepared and submitted to District a set of improve-
ment plans for said water facilities; and
WHEREAS. District desires to insure that the said water facilities are
installed in accordance with District's standards and specifications.
that:
NOW THEREFORE, it is hereby agreed by and between the Subdivider and District
I. Subdivider shall, at its sole cost and expense, construct and install
within 365 consecutive calendar days of the date of this Agreement, all of
the water facilities shown and delineated upon the construction plans entitled
11093,11094,
"Improvement Plans, Tract No. 11095 s " as approved by the District Engineer
10103
and the City Engineer of the City of San Juan Capistrano and on file with said
1
City and by reference made a part of this Agreement as though fully set forth
herein.
2. The
SURETY BOND
to secure the faithful performance of this agreement in the amount of
FIVE -HUNDRED TWENTY-TWO THOUSAND FIVE -HUNDRED Dollars is hereby approved.
($522,500.00)
3. If the Subdivider has not completed the Work within 365 consecutive
calendar days after the date of this Agreement, the District has the right to
call the security for faithful performance and complete the Work. The security
shall remain in effect until 365 days after the facilities have been completed
and accepted by the District.
4. Subdivider shall construct said water facilities in accordance with
the approved plans, the District's standard specifications and under District's
inspection, and shall indemnify and hold harmless the District, their agents,
and employees from and against all claims, danages, losses and expenses, in-
cluding attorneys', fees arising out of or resulting from the performance of the
Work, and caused in whole or in part by any negligent act or omission of the
Subdivider, Contractor, or any Subcontractor, anyone directly or indirectly em-
ployed by any of them, or anyone for whose acts any of them may be liable, re-
gardless of whether or not it is caused in part by a party indemnified hereunder.
5. Subdivider hereby offers to dedicate to District said water facilities
together with necessary easements.
6. Upon completion of the construction in accordance with the plans and
specifications and the dedication of the necessary easements, District agrees to
accept the water facilities, whereupon said facilities shall become property of
the District.
2
7. Subdivider h eby guarantees the materials al the workmanship of the
subject water facilities for a period ending 365 days after the acceptance of
the facilities by District, and hereby agrees to reimburse District for all costs
associated with the accomplishment of necessary repairs to subject water facili-
ties which may have been made by the District within the aforesaid guarantee
period.
8.- Upon the execution of this Agreement by the parties hereto, the District
shall give its approval of said Tract recording prior to the construction of the
subject water facilities.
9. For the costs of the District's plan review, inspection of construction
and the control thereof, and for the testing of materials, Subdivider shall pay
District the sum of $33,962.50 , which sum shall be based upon the
estimated construction cost of $ 522,500.00
G
3
t° w
IN WITNESS WHEREOF, theparties hereto have executed this Agreement
sisting of four(4) , con-
( ) pages, all on the dates set opposite their respective names.
Dated: %iva— l7
ATTEST:
Cecelia Vasquez, Clerk of the
Board of Directors of Orange
County Waterworks District No. 4
Dated:
(SEAL)
4
"DISTRICT"
ORANGE COUNTY WATERWORKS DISTRICT NO. 4
"SUBDIVIDER"
�aEDEN 6 COMPANY,Title President•
By
M
Title
BOND NO. 100982
PREMIUM: $5,225.00
KNOW ALL MEN BY THESE PRESENTS:
That we, G. F. Goeden & Company, Inc.
as Principal and the Develo ers Insurance Company a
Corporation, created, organized and existing and by virtue of the aws o t e
State of California , duly licensed to transact a general surety busi-
ness in the State of California, as Surety, are held and firmly bound to the
ORANGE COUNTY WATERWORKS DISTRICT NO. 4, State of California, in the sum of
Five hundred twentytwo thousand five hundred and no/100------------------DOLLARS,
awful money of the Unite States of America to be paid to the said RANGE COUNTY
WATERWORKS DISTRICT NO. 4, for which payment, well and truly to be made, we bind
ourselves, our heirs, executors and successors, jointly and severally.
THE CONDITION OF THE FOREGOING OBLIGATION is such that whereas the above bounden
Principal has agreed to do and perform the following, to -wit:
Construct and install all of the water facilities pursuant to Agree-
ment for Construction of Water Facilities entered into
19 , by and between Orange County Waterworks District No. 4, and
77 F. Goeden & Company, Inc. , a copy
of which is attached hereto and made a part hereof.
NOW, THEREFORE, the condition of this obligation is such that if the bounden Prin-
cipal shall, to the satisfaction of said ORANGE COUNTY WATERWORKS DISTRICT NO. 4!,
faithfully and properly perform all of the work described in said agreement and in
accordance with the plans and specifications approved for said work, and shall pay
all sums due for all damages suffered by the ORANGE COUNTY WATERWORKS DISTRICT NO. 4
by reason of faulty or defective work or the carelessness or negligence of said
Principal and for the completion of any work not satisfactorily or properly performed
in accordance with the Agreement between District and Principal, and guarantee
all work for a period of one year after acceptance in accordance with said agree-
ment, then, at the expiration of said guarantee period, this obligation shall be
null and void; otherwise to remain in full force and effect.
IN WITNESS WHEREOF said Principal and Surety have caused this bond to be executed
by their officers thereunto duly authorized this 30th day of September- , 19 80.
Principal
G. F. G den & C Inc.
By 2Q0
(SEAL)
Surety
Developers Insurance Company
(SEAL) By, n x % c <
George nc<s, Attorney In Fact
The premium on this bond is
$5,225.00
(Executed in Triplicate)
Stateof Californj'a
County of Orange ss_
On September 30, 1980 , before me, a Notary Public in and for said County and State, residing
s therein, duly commissioned and sworn, personally appeared George Dicks
known to me to be AttorneyinFact of DEVELOPERS 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 beha9 of the said corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in. this certificate above.
OFFICIP.L SEAL
1- - Sandra K. Edwards
fi;r�,
My Commission Expires +o':• N07ARY PURI IGCAIFC 9NIA _ ./y/Si /1 /yi1Z3112_
PRINU;IPAL OFFIGF IN
,,;. Notary Pubic
360212-6-66 � ORANGE COUNTY
My Commission Et ires FPab. 24i 1984
Y
TO •AT CA (t -Ta)
(Individual) O�TRLE INSURANCE
STATE OF CALIFORNIA ll
COUNTY OF Orange
I Ss.ATCOfl COMPANY
On 9-30-80 before me, the undersigned, a Notary Public in and for said
State, personally appeared Gearld F. Gneden
to he the person
to the within iI
executed the as
WITNESS my
�whose name_ 15
nt and acknowledged
and official seal.
ette Rieg r /
�e (Typed or Printed)
known to me
�•�••��••�•••�OFFICIAL •SEAL ••••j
• 3UZETT! RIEGER •
6 C' „ta; NOTARY PUBLIC • CALIFORNIA S
• Y, —r ORANGE COUNTY
• •' My Commission Expires Nov 20, 1901
•
EXHIBIT G
0
1. All on-site down drains, V -ditches and other improvements
not otherwise specifically addressed in this Agreement shall
be cleaned to remove all dirt, brush, trash and other
obstructions, and shall then be inspected to determine need
for further work. The condition and stability of all soil
adjacent to these on-site improvements shall be inspected to
detect erosion, instability and other problems. All
unsuitable soil shall be removed, replaced and recompacted
to a density of at least 958
2. Equestrian trail area, as depicted on attachment G-1, shall
be graded in accordance with the grading plans on file in
the office of the building inspector.
3. Any work identified by the inspections described herein shall
be completed by repair or replacement of the existing facility
with the costs therefor paid from the Contingency Fund
established in Paragraph 3 of this Agreement.
4. All work done as a consequence of this Exhibit G, shall be
completed to the reasonable satisfaction of the City.
TRACT //0930, //0941,
//095, AND /0/03
C/iY OF SAN JUAN CAP15TRANO
ORANGE COUNTY, CALIFORNIA
THE GOEDEN COMPANY
IRVINE .CA.
'Equestrian Trail
C Equestrian Estates
❑Homeowner Association Slopes
and Common Areas %/� TNA
&Recreation Area -
*Entry Monument
e ,
'j, �w
RAI. -
01 w-01
If
Provide equestrian trail gradin
Tis '
alone Highland Drive on lots 26
27 as shown on page 14 of the
approved grading plan. Typical
\A- „��� section 8' wide with 20% max'smu
j, incline, appiroximately 1200 lin
feet.
TRACT NO
//094
-
�7' ` `",c_ r-� 1i —^� SAa.S OFFICE
10
wR rcro_�iuc�_y ��a..n
0 0
AGENDA ITEM May 7, 1985
TO: Stephen B. Julian, City Manager
FROM: John R. Shaw, City Attorney
SUBJECT: DICO Settlement Agreement
SITUATION:
We are pleased to report that after some six months of difficult
negotiations an agreement has been reached with Developers
Insurance Company wherein DICO has agreed to perform the un-
finished public improvements on the Goeden subdivision tracts.
Attached is a draft of the Agreement. I have not enclosed the
exhibits as they are quite voluminous.
In addition, the Water District has also reached an agreement
with DICO as to the improvements it will require to make its
District facility equipment in the subdivision tracts functional.
Briefly, the Agreement calls for DICO to begin work on the various
public improvements within 30 days of the execution of the Agree-
ment. A $50,000 contingency set aside has been agreed to which
would provide additional funding for unknown conditions which are
uncovered during the course of construction.
BOARDS/COMMISSIONS REVIEW, RECOMMENDATION:
Not applicable.
ALTERNATE ACTIONS:
None.
RECOMMENDATION:
Move to adopt Settlement Agreement.
Respe tfully submitted,
o n R. Shaw
JRS:ef
r•.'in ''.1
EXHIBIT "A" TO AGENDA ITEM
The final Settlement Agreement is being drawn and should be
attached before the Council meeting.
RECORDED AT THE REQUEST OF
AND RETURN TO:
City of San Juan Capistrano
City Clerk's Department
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
EXEMPT 05�49066'7
C6
RECORDING FEES EXEMPT DUE TO
GOVERNMENT CODE SECTION 6103
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the agreement between the City of San Juan
Capistrano, California, and Developers Insurance Company, 333 North
Wilshire Avenue, Anaheim, California, 92801, developer of Tract 11095,
requires the developer to complete the following to wit:
CONSTRUCTION OF PUBLIC IMPROVEMENTS IN CONJUNCTION WITH
TRACT 11095 (CAPISTRANO ROYALE), IN THE CITY OF SAN JUAN CAPISTRANO
That said work was completed by said developer according to plans and
specifications and to the satisfaction of the City Engineer of the
City of San Juan Capistrano, and that said work was accepted by the
City Council of the City of San Juan Capistrano, at a regular meeting
thereof held on the 3rd day of December , 1985, by Resolution
No. 85-12-3-2
That upon said agreement the Developers Insurance Company was surety
for the bonds given by the said developer.
Dated at San Juan Capistrano, California, this 4th day of
December , 1985.
Mary Annnover, City Clerk of
the City f San Juan Capistrano
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, the duly appointed and qualified City Clerk of
the City Council of the City of San Juan Capistrano, California, do
hereby certify under penalty of perjury that the foregoing Notice of
Completion is true and correct, and that said Notice of Completion was
duly and regularly ordered to be recorded in the Office of the Orange
County Recorder by said City Council.
Dated at San Juan Capistrano this 4th day of December , 1985.
RECORDED M OFFICIAL RECORDS
OF GRANGE COUNTY CALIFORNIA
Ma* Ann er, City Clerk of
-3 00 PM DEC 6'85 1 the City Cdf San Juan Capistrano
Mary
Ann
nover,
City Clerk
City
of
gan Juan
Capistrano, CA
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the agreement between the City of San Juan
Capistrano, California, and Developers Insurance Company, 333 North
Wilshire Avenue, Anaheim, California, 92801, developer of Tract 11095,
requires the developer to complete the following to wit:
CONSTRUCTION OF PUBLIC IMPROVEMENTS IN CONJUNCTION WITH
TRACT 11095 (CAPISTRANO ROYALE), IN THE CITY OF SAN JUAN CAPISTRANO
That said work was completed by said developer according to plans and
specifications and to the satisfaction of the City Engineer of the
City of San Juan Capistrano, and that said work was accepted by the
City Council of the City of San Juan Capistrano, at a regular meeting
thereof held on the 3rd day of December , 1985, by Resolution
No. 85-12-3-2
That upon said agreement the Developers Insurance Company was surety
for the bonds given by the said developer.
Dated at San Juan Capistrano, California, this 4th day of
December , 1985.
Mary Annnover, City Clerk of
the City f San Juan Capistrano
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, the duly appointed and qualified City Clerk of
the City Council of the City of San Juan Capistrano, California, do
hereby certify under penalty of perjury that the foregoing Notice of
Completion is true and correct, and that said Notice of Completion was
duly and regularly ordered to be recorded in the Office of the Orange
County Recorder by said City Council.
Dated at San Juan Capistrano this 4th day of December , 1985.
RECORDED M OFFICIAL RECORDS
OF GRANGE COUNTY CALIFORNIA
Ma* Ann er, City Clerk of
-3 00 PM DEC 6'85 1 the City Cdf San Juan Capistrano
0 a
ON
The public improvements for Tract 11095 were completed, as
set forth in the report dated December 3, 1985, from the
Director of Public Works.
Acceptance of Work:
T e following Resolution was adopted:
RESOLUTION NO. 85-12-3-2, COMPLETION OF PUBLIC
IMPROVEMENTS - TRACT 11095 (CAPISTRANO ROYALE) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED
AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF
PUBLIC IMPROVEMENTS - TRACT 11095 (CAPISTRANO ROYALE)
The Resolution accepted and approved the work and directed
the City Clerk to forward a Notice of Completion to the
County Recorder. Staff was directed to exonerate the
following bonds upon expiration of 35 days from the filing
of the Notice of Completion:
Bond No. Amount Purpose
100985 $459,000 Faithful Performance
100985-B 459,000 Labor and Materials
la)3Igs
0 0
AGENDA ITEM
TO: Stephen B. Julian, City Manager
December 3, 1985
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Resolution, Notice of Completion and Acceptance of
Public Improvements Tract 11095 (Capistrano Royale)
SITUATION
On May 6, 1985 the City of San Juan Capistrano entered into an
agreement with Developers Insurance Company (DICO), surety for
the Goeden Company, to complete the public improvements for
Capistrano Royale (Tracts 10103, 11093, 11094 & 11095). The
public improvements over Tract 11095 have been completed and
accepted by the City Inspector. The City is requesting a Notice
of Completion be filed with the County Recorder. The sureties
held for Tract 11095 are:
Bond No. Amount Purpose
100985 459,000 Faithful Performance
100985-B 459,000 Labor & Materials
COMMISSION/BOARD REVIEW. RECOMMENDATION
Not applicable
FINANCIAL CONSIDERATIONS
There is no cost or compensation to the City by this action.
ALTERNATE ACTIONS
1. Accept the public improvements resulting from Tract 11095.
2. Do not accept the public improvements resulting from
Tract 11095.
3. Request further information from staff.
RECOMMENDATION
By Resolution, determine that the public improvements resulting
from Tract 11095 have been completed and declare the improvements
to be accepted; direct that within ten (10) days from the date of
acceptance, a Note of Completion be filed with the Orange County
Recorder.
«aR GIN COUNCIL AGENDA .. «.�
0
Tract 11095
December 3, 1985
Page 2
By motion, direct staff
of thirty-five (35) days
Completion.
Respectfully submitted,
k'j. t�. t4
W. D. Murphy
WDM:CMB/kd
Attachments
0
to exonerate the bonds upon the expiration
from the filing of the Notice of
0 0
RESOLUTION NO. 85-12-3-2
COMPLETION OF PUBLIC IMPROVEMENTS -
TRACT 11095 (CAPISTRANO ROYALE)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING
WORK TO BE COMPLETED AS TO PLANS AND
SPECIFICATIONS FOR THE CONSTRUCTION OF PUBLIC
IMPROVEMENTS - TRACT 11095 (CAPISTRANO ROYALE)
WHEREAS, the City of San Juan Capistrano has entered
into an agreement with Developers Insurance Company, for the
construction of public improvements in conjunction with
Tract 11095; and,
WHEREAS, the Director of Public Works has evaluated the
final quantities and cost figures and recommends approval.
NOW, THEREFORE, the City Council of the City of San
Juan Capistrano does resolve as follows:
SECTION 1. That the work required to be performed by
said subdivider has been completed.
approved.
forward a
County of
SECTION 2.
SECTION 3.
"Notice of
Orange for
That the work is hereby accepted and
The City Clerk is
Completion" to the
recording.
directed to forthwith
County Recorder of the
PASSED, APPROVED AND ADOPTED this 3rd day of
December 1985
PHILLIP LY. SCHWA ZE, R
ATTEST:
-1-
9 0
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Resolution No. 85-12-3-2 , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 3rd day of
nPo-mh r , 1985 , by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: None
(SEAL) MARY � �
MARY N N ER, CITY CLERK
-2-
•
December 12, 1985
Developers insurance
333 North Wilshire
Anaheim, California
Company
92801
MCMSCRS OF THE CITY COUNCIL
ANTHONY L. ELAND
LAWRENCE F. SUCNHCIM
KENNETH E. PRICES
GARY L. HAUSOORPER
PHILLIP R. SCHWARTZK
CITY MANAGER
STEPHEN S. JULIAN
Re: Notice of Completion, Tract 11095 (Capistrano Royale)
Dear Sir:
The City Council of the City of San Juan Capistrano at its
regular meeting held December 3, 1985, adopted Resolution No.
85-12-3-2 declaring work to be completed as to plans and
specifications for the construction of public improvements for
Tract 11095.
Council directed staff to exonerate the following bonds 35 days
from recording of the Notice of Completion:
Bond No. Amount Purpose
100985 $459,000 Faithful Performance
100985-B $459,000 Labor and Materials
The Notice of Completion was recorded on December 6, 1985;
therefore, the bonds maybe released on January 10, 1986.
Thank you for your cooperation.
please do not hesitate to call.
Very truly yours,
MARY ANN OVER, CMC
City Cle
MAH/mac
Enclosure
If you have any questions,
cc: Director of Public Works
Director of Administrative Services
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171_
0 86039350 E--]
CWCa --
RECORDED AT THE REQUEST OF
AND RETURN TO:
City of San Juan Capistrano
City Clerk's Department
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
RECORDING FEES EXEMPT DUE TO
GOVERNMENT CODE SECTION 6103
Mary Ann nover, City Clerk
City of San Juan Capistrano, CA
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the agreement between the City of San Juan
Capistrano, California, and Developers Insurance Company, 333 North
Wilshire Avenue, Anaheim, California, 92801, developer of Tract 10103,
requires the developer to complete the following to wit:
CONSTRUCTION OF PUBLIC IMPROVEMENTS IN CONJUNCTION WITH
TRACT 10103 (CAPISTRANO ROYALE), IN THE CITY OF SAN JUAN CAPISTRANO
That said work was completed by said developer according to plans and
specifications and to the satisfaction of the City Engineer of the
City of San Juan Capistrano, and that said work was accepted by the
City Council of the City of San Juan Capistrano, at a regular meeting
thereof held on the 2 1ct day of January , 19 , by Resolution
No. A6-1-91-1
That upon said agreement the Developers Insurance Company was surety
for the bonds given by the said developer.
Dated at San Juan Capistrano, California, this 22nd day of
January , 1986.
Mary Ann/�Fraftzover, City Clerk of
the Cit of San Juan Capistrano
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, the duly appointed and qualified City Clerk of
the City Council of the City of San Juan Capistrano, California, do
hereby certify under penalty of perjury that the foregoing Notice of
Completion is true and correct, and that said Notice of Completion was
duly and regularly ordered to be recorded in the Office of the Orange
County Recorder by said City Council.
Dated at San Juan Capistrano this 22nd day of January , 1986.
REED IN OFFICIAL RECORDS
OF ORANGE COUNTY CALIFORNIA
-2 su RM JAN 2 986
COUNTY
WCORMR
Mary Ann anover, City Clerk of
the City of San Juan Capistrano
ry
03
LAJ
w
rn
0
0
As set forth in the report dated January 21, 1986, from the
Director of Public Works, the public improvements for Tract
10103 were completed and accepted by the City Inspector.
Acce tance of Works
e o ow n- esolution was adopted:
RESOLUTION NO. 86-1-21-1 COMPLETION OF PUBLIC
IMPROVEMENTS - TRACT 1010 (CAPISTRANO ROYALE - A
RESOLUTION OF TEX CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED
AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF
PUBLIC IMPROVEMENTS - TRACT 10103 (CAPISTRANO ROYALE)
The Resolution accepted the work as complete and directed
the City Clerk to forward a Notice of Completion to the
County Recorder.
The following sureties were held for Tract 10103:
Bond No. Amount Purpose
10087 $365,000 Faithful Performance
10087-B 365,000 Labor and Materials
//a/)sb
J
AGENDA ITEM
J
January 21, 1986
TO: Stephen B. Julian, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Resolution, Notice of Completion and Acceptance
of Public Improvements Tract 10103 (Capistrano
Royale)
SITUATION
On May 6, 1985, the City of San Juan Capistrano entered into
an agreement with Developers Insurance Company (RICO), surety
for the Goeden Company, to complete the public improvements
for Capistrano Royale (Tracts 10103, 11093, 11094 and 11095).
On December 3, 1985, the City Council released the Faithful
Performance and Labor and Materials Bond for Tract 11095. The
public improvements over Tract 10103 have been completed and
accepted by the City Inspector. The City is requesting a
Notice of Completion be filed with the County Recorder. The
sureties held for Tract 10103 are:
Bond No. Amount Purpose
100187 365,000 Faithful Performance
100987-B 365,000 Labor and Materials
COMMISSION/BOARD REVIEW, RECOMMENDATION
Not applicable.
FINANCIAL CONSIDERATIONS
There is no cost or compensation to the City by this action.
ALTERNATE ACTIONS
1. Accept the public improvements resulting from Tract 10103.
2. Do not accept the public improvements resulting from
Tract 10103.
3. Request further information from staff.
Tract 10103
January 21, 1986
Page Two
RECOMMENDATION
0
By Resolution, determine that the public improvements resulting
from Tract 10103 have been completed and declare the improve-
ments to be accepted; direct that within ten (10) days from the
date of acceptance, a Note of Completion be filed with the Orange
County Recorder.
Respectfully submitted,
W. D. Murphy
WDM:nb
attachments
RESOLUTION NO. 86-1-21-1
COMPLETION OF PUBLIC IMPROVEMENTS -
TRACT 10103 (CAPISTRANO ROYALE)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING
WORK TO BE COMPLETED AS TO PLANS AND
SPECIFICATIONS FOR THE CONSTRUCTION OF PUBLIC
IMPROVEMENTS - TRACT 10103 (CAPISTRANO ROYALE)
WHEREAS, the City of San Juan Capistrano has entered
into an agreement with Developers Insurance Company, for the
construction of public improvements in conjunction with
Tract 10103; and,
WHEREAS, the Director of Public Works has evaluated the
final quantities and cost figures and recommends approval.
NOW, THEREFORE, the City Council of the City of San
Juan Capistrano does resolve as follows:
SECTION 1. That the work required to be performed by
said subdivi� been completed.
SECTION 2. That the work is hereby accepted and
approved.
SECTION 3. The City.Clerk is directed to forthwith
forward aNOR tic of Completion" to the County Recorder of the
County of Orange for recording.
PASSED, APPROVED AND ADOPTED this 21st day of
January , 1986 4
ATTEST:
-1-
STATE OF CALIFORN• ) •
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Resolution No. 96-i-21_-1_ , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the )iqday of
Jatuary , 1986 , by the following vote:
AYES: Councilmen Friess, Bland, Buchheim, J
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: None
(SEAL) i
MARY ANN; OVER, CITY CLERK
-2-
MINUTES OF THE CITY COUNCIL
City of San Juan Capistrano
California
A regular meeting of the City Council of the City of San Juan Capistrano, California was held
January 21, 1986 The following named members were present:
Phillip R. Schwartze Mayor
Gary L. Hausdorfer, Mayor pro tem
Anthony L. Bland, Councilman
Lawrence F. Buchheim, Councilman
Kenneth E. Friess, Councilman
8. COMPLETION OF PUBLIC IMPROVEMENTS, TRACT 10103 (CAPISTRANO
ROYALE) (316.1) T
As set forth in the report dated January 21, 1986, from the
Director of Public Works, the public improvements for Tract
10103 were completed and accepted by the City Inspector.
Acceptance of Work:
The following Resolution was adopted:
RESOLUTION NO. 86-1-21-1, COMPLETION OF PUBLIC
IMPROVEMENTS - TRACT 10103 (CAPISTRANO ROYALE) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED
AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF
PUBLIC IMPROVEMENTS - TRACT 10103 (CAPISTRANO ROYALE)
The Resolution accepted the work as complete and directed
the City Clerk to forward a Notice of Completion to the
County Recorder.
The following suretieswereheld for Tract 10103:
Bond No. Amount Purpose
10087 365,000 FaitR ul Performance
10087-B 365,000 Labor and Materials
State of California )))
Country of Orange } to
City of San Juan Capistrano )
City Clerk and esoHfdo Clerk of the City Council of the
City of San Juan Capistrano, California. hereby certify the foregoing to be a full, true and correct
copy of the comate may on retard in this office.
IN WITNESS WHEREOF. I have hermirm set my hard and and this 21st
dayof February, 1986.
'wz a �
(SEAL) City Clerk ez-oHicb Clerk of the City
Council, Sm Juan Capistrano, California
AGENDA ITEM March 18, 1986
TO: Stephen B. Julian, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Second Amendment to Agreement with Developers
Insurance Company Regarding Construction of
Improvements - Capistrano Royale
S TTI]ATTON
Due to the legal complications in acquiring easements through
the bankruptcy court, all work has been stopped and cannot con-
tinue until action by the bankruptcy trustee. Developers
Insurance Company (DICO) has continued to construct the facilities
required under the agreement. However, San Diego Gas and Electric
cannot proceed with the undergrounding or overhead relocation
until the specific easements are obtained.
Mr. John Shaw, the City Attorney, has continued to work with the
financial institution's legal counsel to pursue the release of the
undergrounding easement on and in behalf of San Diego Gas and
Electric. Should the current action as filed be pursued by the
bankruptcy trustee, a document could be executed by the courts in
approximately six weeks.
Due to these delays, Staff would recommend that DLCO be granted an
additional 120 days to provide for the undergrounding system and
to complete the improvements on Rancho Viejo Road.
COMMISSION/BOARD REVIEW, RECOMMENDATION
Not Applicable
FINANCIAL CONSIDERATIONS
Acceptance of this amendment will not alter the administrative
costs to the City.
ALTERNATE ACTIONS
1. Approve amendment to the DICO Agreement.
2. Modify the amount of time extension.
3. Request further information from Staff.
3
F :
0
Agenda Item
March 18, 1986
Page Two
40
RECOMMENDATION
By motion, approve Amendment to DLCO Agreement to provide for a
120 day extension until July 31, 1986.
Respectfully submitted,
W. D. Murphy
WDM:nb
attachments
L; J
406,
Written Communications:
Report dated March 18, 1986, from the Director of Public
Works advising that legal complications in acquiring
easements through the bankruptcy court had halted electrical
utility improvements by San Diego Gas and Electric along
Rancho Viejo Road. The report advised that Developers
Insurance Company had requested an additional extension of
time to complete improvements.
Approval of Agreement:
It was move y Councilman Bland, seconded by Councilman
Hausdorfer, and unanimously carried to approve the Amendment
to DICO Agreement to provide for a 120 -day extension to
July 31, 1986, for completion of improvements.
AGENDA ITEM December 3, 1985
TO: Stephen B. Julian, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: First Amendment to Agreement with Developers
Insurance Company Regarding Construction of
Improvements - Capistrano Royale
SITUATION
On May 7, 1985, the City of San Juan Capistrano and the Capis-
trano Valley Water District entered into an agreement with
Developers Insurance Company (RICO) to cause the implementation
of improvements in Tracts No. 10103, 11093, 11094 and 11095
(Capistrano Royale). During the last six months, the majority
of the internal public improvements of the tract have been
completed. However, the undergrounding and the construction
work on Rancho Viejo Road has been delayed due to additional
design and delays in the permit process. Mr. Bruce McIver, of
DICO, has by letter requested a 90 day extension in order to
complete the work. The original agreement, Section 5 (Timeframe
for Performance), calls for work to be completed by December 30,
1985. DLCO has been diligent in their performance on the project
and Staff would be supportive of a 90 day extension. Since the
Capistrano Valley Water District is a named party within the
agreement, concurrent action will be required by the Water
District.
COMMISSION/BOARD REVIEW, RECOMMENDATION
Not Applicable
FINANCIAL CONSIDERATIONS
Acceptance of this amendment will not alter the administrative
costs to the City.
ALTERNATE ACTIONS
1. Approve amendment to the DICO Agreement.
2. Modify the amount of time extension.
3. Request further information from Staff.
Pint uTY GOUNM AGENDA . ✓••:
y
0 0
AGENDA ITEM -2- December 3, 1985
RECOMMENDATION
By motion, approve Amendment to DLCO Agreement to provide
for a 90 day extension.
1Respectff"u_lly- submitted,
W. D. Murphy
WDM:nb
attachments
0
466.605
Written Communications:
Report dated December 3, 1985, from the Director of Public
Works, advising that on May 7, 1985, the City entered into
an agreement with Developers Insurance Company for
implementation of improvements in the Capistrano Royale
development. The report noted that during the last six
months, the majority of the internal public improvements
have been completed; however, the undergrounding and
construction work on Rancho Viejo Road has been delayed due
to additional design and delays in the permit process. The
report forwarded a request from Bruce McIver, of Developers
Insurance Company, for a 90 -day time extension for
completion of the work. The original agreement called for
work to be completed by December 30, 1985.
Approval of Amendment to A regiment:
It was moved y Councilman Bland, seconded by Councilman
Buchheim, and unanimously carried to approve the Amendatory
Agreement with Developers Insurance to provide a 90 -day time
extension up to and including March 31, 1986, for completion
of improvements. The Mayor and City Clerk were authorized
to execute the Agreement on behalf of the City.
IaW SS
November 13, 1985
Mr. Bill Murphy
Director of Public Works
CITY OF SAN JUAN CAPISTRANO
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Dear Bill:
0
,
Nov I? 2 K P" lci
SAN
This letter will serve as our request for an extension of time of 90
days to complete the sub -division improvements on Rancho Viejo Road.
The design of undergrounding the backbone system along Rancho Viejo
Road and jack -boring under Interstate 5 had to be redone by San Diego
Gas & Electric since so much time had elapsed from the original design
approval. Also, the cost had increased substantially and these new costs
had to be calculated. I have been advised by Ken Fussel of Utility
Planning that the new contract will be ready for execution in about one
week, and that the permit from CalTrans should also be forthcoming shortly.
San Diego Gas & Electric will do all of the work for the conversion of
these facilities and they can schedule their work to commence as soon as
the above contracts have been executed. They estimate approximately
5-6 weeks to complete their work. After San Diego Gas & Electric have
completed the work, we can start with the improvements for widening
Rancho Viejo Road which we estimate will take approximately 4-5 weeks.
As you are aware, we have completed all the work requested by the City
with the exception of the widening of Rancho Viejo Road. Since the
delay was something we could not control, we request this extension of
time be granted. Thank you for your consideration of this request.
Very truly yours,
ZELLNER CO ITIES, I C.
Bruce J. McIver
Executive Vice President
BJM:jm
cc: Donald Zellner
Larry Kepiro
Richard Smith
17821 Mitchell • Irvine, California 92714-6085 • (714) 660-0890
0
April 16, 1985
Cad
ASSOClsll
Mr. Gary Hausdorfer
Mayor
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, California 92675
Dear Gary:
•
Per our meeting, enclosed please find a fact sheet outlining
the history of the Capistrano Royale project, as well as some
of the key factors that we believe are supportive of the issuance
of certificates of occupancy on the seven model homes owned by
American Federal Savings of Iowa.
The City already should be in receipt of the legal response to
the purported set-aside letter supposedly issued by Western
Home Mortgage, subsidiary of Security Federal Savings.
We must continue to emphasize that whatever the legal basis of
the set-aside document, the City has no claim against American
Federal Savings of Iowa, the owner of the seven model homes.
American Federal Savings of Iowa has no connection whatsoever
to the issuance of the purported set-aside agreement.
We agree with your suggestion
on May 7 would be appropriate
of this matter can be reached.
Sincerely,
Tom
Tom Tomlin
President
TT/rms
-01&'A's
X SLOT 5 MC.Q•
Consultants C,�TYY ' / rT 7
Corporate, Product, I�'CX�
nsYMta(iJ_
and Executive Public Relations
that a closed Council session
so that a successful resolution
Brentwood Financial Plaza
11726 San Vicente Boulevard, Suite 550
Los Angeles, California 90049
(213) 207-3361
0
Cady
ASS000 S
FACT SHEET
CAPISTRANO ROYALE
E
SUBJECT: Capistrano Royale was a proposed residential develop-
ment of The Goeden Company consisting of 123 homes in
the northeast portion of San Juan Capistrano near
Rancho Viejo Road and Interstate 5; The Goeden
Company filed for bankruptcy in January, 1984.
PRINCIPAL American Federal Savings of Iowa: Owns seven model
INVESTORS: homes (six percent of the total lots); acquired by
foreclosure in May, 1984; currently losing about
$1,000 per day.
American Savings & Loan: A major lender to The Goeden
Company; has loans on many of the unimproved lots in
subject tracts (84, all in raw land); owns, or is in
the process of foreclosure.
Bank of America: Ditto, above, except that some of
its loans are in houses (22 homes located along Monarch
Drive); no raw land; owns, or is in the process of
foreclosure.
OTHER Security Federal Savings: "Warehouse" lender that
PRINCIPAL funded the loans for the seven model homes; assigned
PLAYERS:: them to American Federal Savings of Iowa and is obligated
to service the loans under a servicing agreement.
Western Home Mortgage: A subsidiary of Security Federal
Savings, WHM is the mortgage banking company that closed
the seven loans for the model homes and sold them to
American Federal Savings of Iowa.
Developers Insurance Company (DICO): Executed public
bonds for improvements and grading, guaranteeing the
performance of The Goeden Company. City Attorney
John Shaw has drafted a proposed Settlement Agreement
between the City of San Juan Capistrano and DICO. Under
the terms of this agreement, DICO would commence work
no later than April 29, 1985 with completion to occur
no later than December 30, 1985.
-more-
Consultants
Corporate, Product, Institutional
and Executive Public Relations
Brentwood Financial Plaza
11726 San Vicente Boulevard, Suite 550
Los Angeles, California 90049
(213) 207-3361
Capistrano Royale • •
Page Two
PURPORTED The City of San Juan Capistrano holds a purported
SET-ASIDE set-aside letter supposedly issued by Western Home
LETTER: Mortgage and dated August 17, 1982 that agrees to
hold funds in the amount of $611,479.00 to be used
in paying for specified common area improvements.
Security Federal Savings, parent of WHM, raises
serious questions regarding the legal validity of
this document.
In addition to the legal issues, however, Security
Federal Savings contends that most of the improvements
as outlined in the purported set-aside letter were, in
fact, installed. To the extent that The Goeden Company
expended any funds in connection to the improvements
specified in the purported set-aside letter, the obliga-
tion under the said document was diminished in like amount.
As evidence of its good faith effort to provide the
City with evidence supportive of the above stated
contention, Security Federal Savings contracted for
the services of Morse Consulting Group, specialists
in planning, engineering and landscape architecture.
As outlined in the Morse Report (sent to the City on
April 12, 1985), $556,977.00 worth of improvements were
made by The Goeden Company on the common area improve-
ments specified under the purported set-aside letter,
thereby absolving Western Home Mortgage of most of its
supposed obligation.
As an important aside, Western Home Mortgage cannot be
compared to DICO. Western Home Mortgage is a mortgage
banking company, NOT a bonding company. Furthermore,
subsequent deterioration of the improvements installed
by The Goeden Company is not the responsibility of WHM.
Since a lender is not a surety, it does not guarantee
performance -- only that a given, and limited, amount
of money will be spent on improvements.
SECURITY
Whatever the legal basis of the purported set-aside
FEDERAL
letter, however,
the City has no legal claim against
SAVINGS
American Federal
Savings of Iowa, the owner of the
VERSUS
seven model homes.
American Federal Savings of Iowa
AMERICAN
had absolutely no
connection whatsoever to the issuance
FEDERAL
of the purported
set-aside document, therefore the
SAVINGS:
City has no legal
basis for withholding the certificates
of occupancy for
the model homes because of its dispute
with Western Home
Mortgage and/or Security Federal
Savings.
-more-
Capistrano Royale • •
Page Three
HOMEOWNERS' A Declaration of Covenants, Conditions and Restrictions
ASSOCIATION: establishing a homeowners' association is recorded.
Articles of Incorporation were filed by the developer
on November 5, 1981. Although some of the homes along
Monarch Drive were annexed into the homeowners' associ-
ation, this does not include the model home tract owned
by American Federal Savings of Iowa.
HOMEOWNERS, Stoneridge property owners filed a petition with the
STONERIDGE & City complaining about the deteriorating condition
MONARCH DRIVE: of the Goeden development. In addition, one of the
homeowners on Monarch Drive currently is seeking
damages against those persons and entities, including
the City of San Juan Capistrano, who have caused them
the loss of thousands of dollars in the original equity
in their home, and in the equity build-up that should
have occurred since their purchase.
FINAL Following are some final comments that we hope will
COMMENTS: be relevant to finding a successful resolution of this
situation and to the issuance of certificates of occupancy
for the seven model homes within the Capistrano Royale
project:
*If necessary to the issuance of the certificates of
occupancy, Security Federal will ask its client, American
Federal Savings of Iowa, to pay a pro -rata share toward
the completion of the project. Since its seven model
homes, representing only six percent of the total lots
in the Goeden development, are located in a self-contained
area near Rancho Viejo Road and Interstate 5, a viable
solution would be to clean up the common area surrounding
the model complex, as well as to take care of any items
that are necessary to meet the concerns of the City's
Building and Safety Division (i.e. final inspection of
pools; garage on lot 3 converted from sales office back
to garage with the construction of a concrete driveway;
reinspection of the homes; and reinstatement of all
outstanding permits). Of course, any items still
requiring repair on the property actually owned by
American Federal Savings of Iowa also would be taken
care of.
*To protect the City against the possibility of a
future lawsuit should an injury occur on the common
area property surrounding the model home complex,
buyers will be required to sign a statement holding the
City harmless in such an eventuality.
*Allowing the model home complex to be completed and
the homes sold would represent a good faith effort on
the part of the City to answer in a positive way the
complaints of surrounding property owners.
-more-
Capistrano Royale •
Page Four
FINAL *Security Federal Savings, on behalf of its client,
COMMENTS: American Federal Savings of Iowa, also is willing
(cont'd.) to take those steps necessary for the annexation of
the model home tract into the existing homeowners'
association.
*Per the City's request, a homeowner warranty program
will be established by an applicable financial insti-
tution or a waiver will be applied for.
*Insisting that the development continue according
to the original plans authorized by the City is
unrealistic. The Goeden bankruptcy changed the
nature of the project. It serves everyone's best
interest to put together a new plan that will restore
the viability of the project.
*Based on the foregoing, Security Federal Savings, on
behalf of its client, American Federal Savings of Iowa,
asks that certificates of occupancy be granted on the
seven model homes contingent on the completion of a
mutually agreed upon set of requirements.
December 15, 1988
. 30
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. BUCHNEIM
KENNETH E. FRIESS
GARY L. HAUSDORFER
PHILLIP R. SCHWARTZE
CITY MANAGER
STEPHEN B JULIAN
Developers Insurance Co.
333 N. Wilshire Avenue
Anaheim, California 92801
Attn: Larry Kepiro
Re: Certification of Completion under Agreement Dated May 7, 1985
Dear Bruce:
In conformance with our agreement regarding the areas of Tract 11103, 11093,
11094, and 11095, this letter will serve as the Certification of Completion of all
work referenced as the initialed plans.
By action of the City Council, the following bonds for Tracts #11095 and #10103,
on December 3, 1985 and January 21, 1986, respectively, were released.
It should be noted that this certification is for the record only and not to be used as
a true date of completion of the work.
Very truly yours,
W. D. Murphy
Director of Public Works
WDM:nb
cc: Bruce McIver
City Attorney
City Clerk
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171
March 20, 1986
Developers Insurance
333 North Wilshire
Anaheim, California
Re:
Gentlemen:
Company
93801
t
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. SUCHHEIM
KENNETH E. FRIESS
GARY L. HAUSOORFER
PNILLI► R. SCHWARTZE
CITY MANAGER
STEPHEN B. JULIAN
The City Council of the City of San Juan Capistrano at its
regular meeting held March 18, 1986; approved the Second
Amendatory Agreement between the City of San Juan Capistrano,
Developers Insurance Company, and the Capistrano Valley Water
District. This Agreement provides for a 120 day extension of
time to July 31, 1986.
A fully executed copy of the Agreement is enclosed for your
information.
Thank you for your cooperation. If you have any questions,
please do not hesitate to call.
Very truly yours,
MARY ANN ANOVER, CMC
City Clerk
MAH/mac
Enclosure
cc: Director of Public Works
Bruce McIver, Zellner Communities, Inc.
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
0
March 20, 1986
J� •
iry���J� IIOInRRI
• I1fIWNII I 1,61
1771
Mr. James Mocalis
Capistrano Valley Water District
P. O. Box 967
San Juan Capistrano, California 92693
Re:
Dear Jim:
MEMSERS OF THIS CITY COUNCIL
ANTHONY L. ISLAND
LAWRENCE F. SUCHHEIM
KENNETH E. PRIESS
GARY L.'HAUSDORFER
PHILLIP R. SCHWARTSE
CITY MANAGER
STEPHEN S. JULIAN
The City Council of the City of San Juan Capistrano at its
regular meeting held March 18, 1986, approved the Second
Amendatory Agreement between the City of San -Juan Capistrano,
Developers Insurance Company, and the Capistrano Valley Water
District. This Agreement provides for a 120 day extension of
time to July 31, 1986.
A fully executed copy of the Agreement is enclosed for your
information.
Thank you for your cooperation. If you have any questions,
please do not hesitate to call.
Very truly yours,
MARY ANN NOVER, CMC
City Clerk
MAH/mac
Enclosure
cc: Director of Public Works
Bruce McIver, Zellner Communities, Inc.
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171
r
February 21, 1986
Developers Insurance Company
333 North Wilshire
Anaheim, California 92801
Re:
Gentlemen:
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE P. BUCHHEIM
KENNETH E. FRIEEB
GARY L. HAUSOORFER
PHILLIP R. SCHWARTZE
CITY MANAGER
STEPHEN B. JULIAN
The City Council of the City of San Juan Capistrano at its
regular meeting held January 21, 1986, adopted Resolution No.
86-1-21-1 declaring work to be completed as to plans and
specifications for the construction of public improvements in
Tract 10103 (Capistrano Royale).
The Notice of Completion was recorded on January 29, 1986. A
copy of Resolution No. 86-1-21-1 is enclosed for your information
as well as a copy bf the Minutes pertaining to this actift." The
minutes indicate the following sureties were held for Tract
10103:
Bond No. Amount Purpose
l00yB7 10087 $365,000 Faithful Performance
jaggg1-610087-B 365,000 Labor and Materials
Thank you for your cooperation. If you have any questions,
please do not hesitate to call.
Very truly yours,
*dy
MARY ANN HANOVER, CMC
City Clerk
MAH/mac
Enclosures
cc: Director of Public Works
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171
0
January 2, 1986
James S. Mocalis
General Manager
Capistrano Valley Water District
P. O. Box 967
San Juan Capistrano, California 92693
Re:
Dear Jim:
t, Cons
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. BUCHHEIM
KENNETH E. FRIESS
GARY L. HAUSDORFER
PHILLIP R. SCHWARTSE
CITY MANAGER
STEPHEN B. JULIAN
Enclosed for your records is a fully executed copy of the
Amendatory Agreement between the City of San Juan Capistrano,
Capistrano Valley Water District, and Developers Insurance
Company. This Amendatory Agreement provides for a time extension
to March 31, 1986.
If you have any questions, please do not hesitate to call.
Very truly yours,
MAR`R'n* ER, CMC
City Clerk
MAH/mac
Enclosure
cc: Director of Public Works
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171
0 0
DMDevelopers
Insurance REOEIVEO
Company },���Ogg
December 30, 1985
City of San Juan Capistrano
Attn: Mary Ann Hanover
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Re: Amendatory Agreement
Dear Ms. Hanover:
Enclosed please find two executed copies of the Amendatory
Agreement for construction of improvements for Capistrano
Royale per your request of December 20, 1985.
Thank you for your cooperation.
_Very truly yours,
4
Jlie A. Clark
Claims Assistant
JAC/
Enc.
cc: Bruce McIver
333 Wilshire, Anaheim, CA 92801 . (714) 999-1471 . (213) 402-7877
9
December 20, 1985
Developers Insurance Company
333 North Wilshire
Anaheim, California 92801
Re:
Dear Sir:
MEMSERS OF THE CITY COUNCIL
ANTHONY L. /LAND
LAWRENCE F. SUCHHEIM
KENNETH S. FRIESS
GARY L. HAUSOORFER
PHILLIP R. SCHWARTZE
CITY MANAGER
STEPHEN S. JULIAN
Enclosed are three copies of the Amendatory Agreement for
construction of improvements for Capistrano Royale. Please sign
each copy and return two executed copies of the agreement to this
office; the third copy is for your records.
y►
Thank you for your cooperation.
Very truly yours,
MARY HANOVER, CMC
City Clerk
MAH/mac
Enclosures
cc: Director of Public Works
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92673 9 (714) 493.1171
1 14
Capistrano Halley' cMterGDistrict
December 18, 1985
Mary Ann Hanover, CMC
City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Re: Amendatory Agreement (Capistrano Royale)
Dear Mary Ann:
Returned herewith are three signed copies of the Amendatory
Agreement between the City of San Juan Capistrano, Capistrano Valley Water
District, and Developers Insurance Company, extending the completion time to
March 31, 1986.
After the Agreement has been executed by Developers Insurance
Company, please forward a signed copy for our file.
Thank you.
JMS/r
Enclosure
Sincerely,
S. Mocalis
sl Manager
P.O. Box %7, San Juan Capistrano, California 92693 k Phone 714.493-1515
•
December 5, 1985
iunmml
tl1R 1 list
1776
James Mocalis, Manager
Capistrano Valley Water District
P. O. Box 967
San Juan Capistrano, California 92675
Re:
Dear Jim:
MEMSERS OF THE CITY COUNCIL
ANTHONY L. ■LAND
LAWRENCE P. SUCNH[IM
NENN ETH E. FRIESS
GARY L. HAUSOORFER
PHILLIPR. SCHWARTSE
CITY MANAGER
STEPHEN S. JULIAN
The City Council of the City of San Juan Capistrano at its
regular meeting held December 3, 1985, approved the Amendatory
Agreement between the City of San Juan Capistrano, Capistrano
Valley Water District, and Devdlopers Insurance Company. This
Amendatory Agreement provides for a time extension to March 31,
1986.
Enclosed are three copies of the Agreement. Please execute the
Agreements, and return all three copies to this office. We will
forward them to Developers Insurance Company for signature. After
execution by Developers Insurance Company, a signed copy of the
Agreement will be forwarded to you.
Thank you for your cooperation.
Very truly yours,
MARY ANN ANOVER, CMC
City Clerk
MAH/mac
Enclosures
cc: Director of Public Works
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171
0
December 5, 1985
,see
A )�
n(IIn11111
� I�UBt1 I H6I
1776
Developers Insurance Company
333 North Wilshire
Anaheim, California 92801
Re:
Dear Sir:
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE I. SUCHHEIM
KENNETH E. PRIEBE
GARY L. HAUSDOR•ER
•HILLI• R. SCHWARTZE
CITY MANAGER
STEPHEN B. JULIAN
The City Council of the City of San Juan Capistrano at its
regular meeting held December 3, 1985, approved the Amendatory
Agreement between the City of San Juan Capistrano, Capistrano
Valley Water District, and Developers Insurance Company. This
Amendatory Agreement provides for a time extension to March 31,
1986.
Copies of the Agreement have been forwarded to the Capistrano
Valley Water District for signature. As soon as they are
returned to this office, the Agreements will be forwarded to you
for signature.
Thank you for your cooperation. If you have any questions,
please do not hesitate to call.
Very truly yours,
MARY ANN OVER, CMC
City Clerk
MAH/mac
cc: Director of Public Works
Bruce J. McIver, Zellner
Communities, Inc.
Capistrano Valley Water District
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171
SAN JLIR'ltGAPTSTR -7 1C i Fr f 92675
' 'PNdN 1 7 IJ
May 8, 1985
Mr. James Mocalis
General Manager
Capistrano Valley Water District
P. O. Box 967
San Juan Capistrano, CA 92693
Re: DICO Agreement
Dear Jim:
�J
HAND DELIVERED
Please find enclosed four originals of the DICO Agreement
which have been executed by DICO and also approved by the
City Council at its meeting of last night.
We would request that the Water District schedule the Agree-
ment for its approval at its next meeting which I understand
will be May 21. Following the District's execution, three
originals should be returned to this office.
If you have any questions, please advise.
S,
R. SHAW
Attorney
City Manager
City Clerk