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1976-0721_MALASPINA CORPORATION_Agreement• F<< -E ; 4��Y r AGREEMENT FOR THE DEVELOPMENT AND C�, IMPROVEMENT OF THE EXTENSION OF j JUNIPERO SERRA ROAD, TRACT 9184 BY THE MALASPINA CORPORATION, RANCHO LOS CERRITOS INCORPORATED, AND THE CITY OF SAN JUAN CAPISTRANO t THIS AGREEMENT is made and entered into this day of 1976,.by and between.the " MALASPINA' CORP RATION, a Califorhia Corporation, the RANCHO LOS CERRITOS INCORPORATED, a California Corporation, and the CITY OF SAN JUAN CAPISTRANO, a Municipal Corporation, (hereinafter referred to as the City.) W I T N E S S E T H: WHEREAS, the MALASPINA CORPORATION desires to subdivide 40 more or less acres of land located within the City of San Juan Capistrano designated herein as Tract No. 9184 as shown on Exhibit "A" attached hereto and by this reference made a a^% part hereof; and WHEREAS, the Circulation Element of the General Plan shows that said 40 -acre parcel lies within the alignment corridor for the extension of Junipero Serra Road; and WHEREAS, Section 4.2 of the Land Use Management Code provides that the subdivider shall dedicate or make an irrevo- cable offer of dedication of such lands as are required for public streets; and WHEREAS, the Malaspina Corporation feels the cost of development of this section of the Circulation Element would be too onerous a burden to be placed on its development alone; and WHEREAS, the City of San Juan Capistrano has shown the need for a transportation corridor on its General Plan, as amended December 17, 1975; and r WHEREAS, the Malaspina Corporation is willing to separate a parcel from Tentative Tract 9184, which could provide such a transportation corridor; and WHEREAS, the Rancho Los Cerritos Incorporated, the r owner of land adjacent to Tract 9184 is willing to accept title to the aforesaid separated parcel and merge it with its lands to the south so that the Circulation Element can be implemented at a future date. NOW THEREFORE, in consideration of the foregoing t premises and the mutual promises and covenants herein contained, the parties hereto agree to the following: 1. The Malaspina Corporation agrees to set aside one lot within its Tract No. 9184, identified herein as Lot "B" on Exhibit "A" attached hereto, which shall be adequate for the development of the extension of Junipero Serra Road and convey said lot to Rancho Los Cerritos, Incorporated. 2. Rancho Los Cerritos agrees to accept the aforesaid conveyance in accordance with,the terms hereinabove set forth. 3. The Malaspina Corporation and the Rancho Los Cerritos, Incorporated further agree that these documents and procedures will be executed and impleme_ted-concurrently with the City's acceptance and the recordation of the final map for Tentative Tract 9184. 4. The City of San Juan Capistrano agrees to accept the aforesaid transfer of Lot B in lieu of the dedication of, or, irrevocable offer to dedicate the rights of way for the proposed extension�of Junipero Serra Road in accordance with Section 4.2 of the Land use Management Code. -2- 5. Mali Rancho Los Cerritos easement for private over that portion of on said map. _2p_ ria, 1 IN WITNESS WHEREOF, the parties to this agreement have executed it the day and year first hereinabove written. ATTEST: CITY OF SAN JUAN CAPISTRANO T i By �� �� .�✓ City Cle-f,/ mayor yor APPROVED AS TO FORM te? ac / ity Attorney Y MALASPI ORPORATION ByWZZ �J�' . resident By Secretary RANCHO LO RRITOS, INCORPORATED By E✓ice l mit ����, Pr sident By Secretary -3- ■' 77 — qM", 1 0 , WAII �� F,QEEW 61IN r i ' pQN ----------- i048 i eQ.40 o n LJ TMC*0, 9184 1_I -7-> SUBDIVISION AGREEMENT r 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 CAPISTRANO, a Municipal Corporation, hereinafter called the "City" and THE MALASPINA CORPORATION whose mailing address is P.O. Box 338, San Juan Capistrano, CA 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. 9184 , which has been conditionally approved by the City Council, and WHEREAS, Subdivider desires to postpone the public 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 installation of said improvements within the time herein provided. NOW, THEREFORE, in consideration of the premises and the approval of the final map of said subdivision 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 expenses, improve 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 Director of Public Works and specified by the Specifications of the City of San Juan Capistrano, which plans and specifications are on file in the office of the Director of Public Works and incorporated herein by reference, including but not limited to, paving of public service easements, installation of sanitary ,,.�� sewerage facilities, jn�#���xkx�xcefrxugd��iuxdx¢mnainexi�xxkace�fixiicglska�g !i/ka�a�Cxxxasfcxkk�kic�x�kxxk3cx��cesFskxetx�x�C 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. 2. Subdivider will, at his (its) own cost and expense, provide and install all on-site and off-site water mains and appurtenances and will provide all labor and material to connect the same to existing mains and facilities of the Orange County Waterworks District #4, and will comply with all of the requirements of said District, and with the plans and specifications for said work signed by, and on file in the office of the Manager of said District, incorporated herein by reference. 3. Subdivider will reimburse the City for any engineering costs (including plan checking, inspection, testing, materials furnished, processing of the Tract and in the installation of the improvements hereinabove provided. In ascertaining the amount of such costs in- curred by the City, the cost report of the City Finance Director shall be prima facie evidence of the true cost of the engineering services so performed by the City. 4. It is agroedyy and betwoen the parties hereto that the total estimated cost of said work and improvements is 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 following purposes: (a) an amount equal to the total estimated cost of the said work and improvement, conditioned upon the faithful per- formance of this agreement, and (b) an additional amount equal to the total estimated cost of the said work and improvement- securing payment to the contractor, his subcontractors, and to persons renting eq..ip- ment or furnishing labor or materials to `hem for the improvements. 6. The Director of Public Works of the City of San ,'.ian Capistrano may make such changes, alterations or additions to the plans and speci- fications for said work and improvement which do not exceed ten percent (10%) of the total estimated cost set forth i.n Item Q above, as may be determined necessary and desirable by him for the proper completion of said work and improvement or as required for the safety and welfare of the public and no such changes, alterations or additions shall relieve the Subdivider from the faithful performance of this agreement. 7. Subdivider agrees to complete all of said work and improvement and to pay all costs specified herein within a period of 220 ai VS from the date hereof. T- 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 �x 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 here- under shall be kept in full force and effect until said work and im- provements 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 con- tractors, 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 the dedications offered on the final map of said tract to the completion and acceptance of the improvements described herein, Subdivider shall perform all work in a safe, workmanlike manner and shall take such 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 employees in the performance of this agreement. ' Execut at SaPJuan Capistrano, California this 13 /"' day of /�, 19 % ATTEST: San Juan strano City Clerk (, 2 APPROVE ANPD�RECOMMENDED FOR EXECUTION: irector Manage of Orange County Waterworks, District #4 SUBDIVIDER* By Signature) (Office Ifeld) CITY OF SAN JUAN CAPISTRANO By t...� NOTE: Improvement Bond and Material and Labor Bond must be attached to this Agreement. Partnerships, joint ventures, and other corporate entities should contact the San Juan Capistrano City Attorney for acceptable form of execution. N 3?400PASEO ADBLANTO SAN JUAN CAPISTRANO. CALIFORNIA 92675 PHONE 493.1171 June 26, 1980 Petna Casualty & Surety Company 6350 Laurel Canyon Boulevard, Suite 355 North Hollywood, CA 91606 Re: Grading Bond #33 S 77246 BCP. ($18,486). For Tract 9184 (Malaspina) Dear Sirs: The City of San Juan Capistrano has inspected and approved the work performed under the abovementioned bond, and hereby releases its interest in that bond. Very truly yours, .ITY OF SAN JUAN CAPISTRANO 1 � G. Gaffn�; A st. Building & Safety Engineer JGG/rh cc: City Clerk's Office Malaspina Corporation WEPARTMENT OF BUILDING AND SAFETY COUNTY OF ORANGE BOND NO. 33 S 77246 BCA GRADING PERMIT SURETY BOND PRDUUM: $277.00 KNOW ALL MEN BY THESE PRESENTS: That MALASPINA CORPORATION , as Principal, and THE ATNA CASUALTY AND SURETY COMPANY a corporation organized and existing under the laws of the State of CONNECTICUT , and duly authorized to transact a surety business in the State of California, as Surety, are held and firmly bound unto the County of Orange in the just and full sum of EIGHTEEN THOUSAND FOUR HUNDRED EITYDOLLARS„ for the payment of which, well and truly to be made, said Principal and Surety bind themselves,B their irs, adminis- trators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT, WHEREAS, the said Principal above named is applicant under Grading Permit No. of the County of Orange, California, for an excavation or fill of 250 yards or more, on the following described property: TRACT 9184, SAN JUAN CAPISTRANO, CALIFORNIA and I' WHEREAS, the estimated cost of the work authorized by the permit is S 18,486.00 , NOW, THEREFORE, it is agreed that if the Principal shall: a. Comply with all the provisions of "The Excavating and Grading Code of the County of Orange", Article 4 of Division 1 of Title 7 of the Codified Ordinances of the County of Orange, commencing with Section 71.041 thereof; and h. Comply with all the terms and conditions of the permit to the satisfaction of the Director of Build- ing and Safety; and c. Complete all of the work contemplated under the said permit within the time limit specified in the permit, and any extension or extensions thereof, and d. Reimburse the County for any work the Director of Building and Safety deems necessary to complete, correct or otherwise undertake the work specified in the permit, or any work he deems necessary for the public safety, because of any failure on the part of the Principal, then this obligation shall be null and void; other- wise it shall remain in full force and effect. PROVIDED, HOWEVER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the permit or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the permit or of work to be performed thereunder, and PROVIDED, FURTHER, that in case suit is brought upon the bond by the County or any other person who may bring an action on this bond, a reasonable attorney's fee, to be fixed by the court, shall be paid by the Principal or Surety. IN WITNESSREOF, the said Principal and said Surety have caused these presents to be my signed and sealed this th day of OOTOBER 19 7e. THE A=A CASUALTY AND SURETY COMPANY Surety B H. S. SANF "Attorney-in-FaPy %t F 2082-89.2 STATE OF CALIFORNIA SS. County of LOS ANGELES On this 6th day of October in the year one thousand nine hundred and seventy six before me, Donnie Jean .Tones a Notary Public in and for the County of LOS ANGFI FS State of California, residing therein, duly commissioned and sworn, personally appeared H. S. Sanft '0C4C (>C^^0000>000'00000000000 known to me to be the ATTORNEY-IN-FACT e n, �,_ t� ��A� i of THE /ETNA CASUALTY AND SURETY COMPANY, the corporation that executed the within -=„NIA o instrument, and also known tometo be the person who executed it on behalf of said _;y corporation therein named, and_he_acknowledged tome that such corporation ex - 1, iy .i-.-.d:a -++; ;; C. c_:..J.r 11, 1378 ecuted the same. ♦00 ObOirv000000000000000000000 IN WITNESS WHEREOF, I have hereunto set hand and affixed my official seal at my office in the County of , the day and year in this certificate f' t above written. Notary Public in and for the Co ty of LoS ANGELES State of California. (5-1292-D) 5-71 PRINTED IN U.S.A. 32400 PASEO ADELANTO SAN JUAN CAPISTRANO. CALL FORNIA 92675 PHONE 4931171 October 10, 1979 Malaspina Corporation P. O. Box 338 San Juan Capistrano, California 92693 Re: Release of Faithful Performance Bond, Tract 9184 Gentlemen: At their meeting of October 4, 1978, the City Council took unanimous action in authorizing the release of the following bond for public sewer improvements resulting from Tract 9184: Bond No. 33 SB 036684 BCA, in the amount of $31,500, from the Aetna Casualty and Surety Company Thank you for your cooperation. Very truly yours, I (MRS) MARY ANN HANOVER City Clerk MAH/cj cc: Aetna Casualty and Surety Company Director of Public Works E AGENDA ITEM October 4, 1978 TO: James S. Mocalis, City Manager 49 FROM: W. D. Murphy, Director of Public Works SUBJECT: Release of Faithful Performance Bond, Tract 9184 (Malaspina) SITUATION Due to City Council action on August 3, 1977, the Labor and Material and Monumentation bonds were exonerated. The Faithful Performance bond was extended to August 3, 1978. This bond covers only the public sewer in the private street. The sewer is complete to the City's satisfaction. FINANCIAL CONSIDERATIONS There is no financial impact on the City except the routine mainte- nance on the sewer. ALTERNATE ACTIONS 1. Exonerate the Faithful Performance Bond for Tract 9184. 2. Do not release the bond. 3. Request further information from staff. RECOMMENDATION By motion, direct staff to release the Faithful Performance bond for the public sewer for Tract 9184 (Malaspina.) Respectfully submitted, �J. W. D. Murphy WDM:SE/rem f? FOR CI iY COUNCIL. AGLNOA, .... v... 9 , r _ BOND Nd. 53 SB 036684 BCA HO( FOR IMPROVEMIXV Ol� SU11D1VI5 LUN PREMIUM: $473. (FAITHFUL PERFORMANCE) TRACT No. 9184 WHEREAS, the City Council of the City of San Juan CapisLrano, Slate of California, and MALASPINA CORPORATION whose mailing address is P 0 BOX 33 , 3 ., 0, CA, herein designated as Principal, Iwve entered into an a<�rrc�u�•nt wlicrchy Principal agrees to install and complete certain designated improvement, which said agreement dated JULY 13 _ , 19 76 , and identified as Subdivision Agrecmoit for 'Pratt u91TI is hereby referred to and made a part t rcof ; mal Said improvemen 8 are construction of public sanitary sewers in Tract 911'4 WHEREAS, said-ri.ncipal is required under the terms of said agroemcnt, to furnish a bond for the faithful performance of said ayrOenx-nt. NOW, THEREFORE, we, the Principal, and THE )MA CASUALTY AND SURETY _ COMPANY , whose mailing address is 24Q4VWWaI1ZS IMVD.,-DUS-EMMS, _ CALIFORNIA90057 , as Surety, are held and firmly bound unto the City of San Juan Capistrano in the penal sum of THIRTY ONE THOUSAND FIVE HUNDRED AND N0/100 - - - - - - - - - Dollars ($31,500-00 — -� lawful money of the United States, for the payment of which sum, well and truly to be made, we bind 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 the 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 accompanyinc; 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 this 13th day of JULY , 19 76 PRINCIPAL SURETY MALASPINA CORPORATION 'Ar PVAOrj Address of Subdivider: 31642 LOS CERRITOS AVENUE SAN JUAN CAPISTRANO, CA THE 1FJ'" NA CASUALTY AND SURETY COMPANY g%, KEITH A. POLING v Attorney -in -Fact Bond No. 33 SB 036684 BCA NOTE: Acknowledgments of execution of Principals and Surety must be attached. Bond must be attached to Subdivision Agreement. ii STATE OF CALIFORNIA ss. County of LOS ANGELES On this 13th day of JULY n the year one thousand nine hundred and SEVENTY SIX before me, HAEA S. SANFT a Notary Public in and for the County of LOS ANGEL 'L'S , State of California, residing therein, duly commissioned and sworn, personally appeared KEITH A. POLING ���������������•�••�•••������• 0 OFFICIAL SEAL known to me to be the ATTORNEY—IN—FACT of HAEA S. SANFT THE ETNA CASUALTY AND SURETY COMPANY, the corporation that executed the within +� 0 NOTARY PUBLIC — CALIFORNIA PRINCIPAL OFFICE IN : instrument, and also known to me to be the person who executed it on behalf of Be id LOS ANGELES COUNTY : corporation therein named, and —he—acknowledged tome that such corporation ex - My CommWon Expites NOV. 2, 1916 t ecuted the same. •�M�N••�••�••••••••��•������ IN WITNESS WHEREOF, I have her to set my hand and affixed my offi ial seal at my office in the County S ANG S , the day and year in this certifia irst ab a writ Notary Public in and for the County o WS State of California. 1S-1292•DI 5.71 PRIN ED IN U.S.A. E LIFE &CASUALTY THE AETNA CASUALTY AND SURETY COMPANY Hartford, Conn.cticut 06115 800 NO• g3 SS 037222 DCA PaF s 8351.00 BOND FOR FAITHFUL PERFORKL (Subdivision Contract) KNOW ALL MEN BY 'THESE PRESENTS: That wee MAL ASPINA CORPORATION r as Principal, and THE AETNA CASUALTY AND SURETY COPO?ANY, as Surety, are held and firmly bound unto the OOMIM OF ORANGE , State of California, in the sum of ?WE= "M '1i+0'O:= FOUR SWRM SIO AND NO/1 Dollars �w23.406.00 S, lawful money for the United States, for the payment of which sum, well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that whereas said Principal has entered into or is about to enter into the annexed contract with the COUNTY OF OSANOB , pursuant to the authority of an act of the Legislature of the State of California Imown as the "Subdivision Map Act" (Title 7 Jommencing with Section 6500° of the Government Code) and any amendments thereto, for C= PAVING NAM ON TRAW 91849 SAN JUAN CAPISTRAHO, CALIPQRUTA and is required by said COON'17OF OgAgag to give this bond in connection with the execution of said contract; NOW, THEREFORE, if the said Principal shall well and truly do and perform all of the covenants and obligations of said contract on his part to be done and performed at the times "d in the mRnnor RpondfieA therein, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect. B-29 Witness our hands this 6th day of CCTO]IESi , 19 76 . MALA.SPIn caa?& 1.TI0b1 No THE ATNNA CASUALTY AND SURETY CUIPANY By: E. S. SAM, ATZMM-IN-PACT Df;PAR7AIF.NT OF B177i.DING AND SAFF:1'Y COUNTY OF ORANGE Doan NO. 33 s 772!,6 DCA GI=!bG PERMIT SURETY SOHO PREKIUMt $277,00 KNOW ALL MEN BY THESE PRESLNTS: That MALASPINA QURPORATIQa _, as Principal, and_ mat WMA CASUALTY AaT aMJkTy COMPANY a corporation organized and existing under the laws of the State of CONNL'CTICUT , and,duly authorized to transact a surety business in the State of t.alifornis, as Surety, are held and firmly bound unto the Countv of Orange in the just and full sum of—EIGHTS 71ODSARIIFOUR UMMEED PIG= DOLLARS, for the payment of wh;eb, well and truly to by made, said Principal and Surety bind themselves, th i eirs, adminis- ttutors, successors and assigns, jointly and stverally, firmly by these prescrts. THE CONDITION OF THE ABOVE OBLIGATION IS';U�ll THAT, WHEREAS, the said Principal above named is applicant under Grading Permit No. of the County of Orange, California, for an excavation or fill of 250 yards or more, on the following described property: TRACT 918!1, SAN JUAN CAPISTRANO, CALIFORNIA and 18 8 W1iF•.REAS, the estimated cost of the work mnhorized by the permit is S •�6 •00 , NOW, THEREFORE, it is agreed that if the Principal shall: a. Comply with all the provisions of "The Excavating and Grading Code of the County of Orangr", Article A of Division 1 of Title 7 of the Codified Ordinances of the County of Orange, commencing with Section 71.041 thereof; and b. Comply with all the terms and conditions of the permit to the saiisfac6on of the Director of Build- ing and Safety; and e. Complete all of the work contemplated under the said permit within the time limit specified in the permit, and any extension or extensions thereof, and d. Reimburse The County for any work the Director of Building and Safety deems nece.sa,-y- to complete, correct or otherwise undertake the work specified in the permit, or any work he deeps necessary for the public safety, because of any failure on the part of the Principal, then this oblig:.tion shall be null and void; other- wise it shall remain in full force -and effect. PROVIDED, 1101%,UVER, that The said Surery, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the permit or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the permit or of work to be performed thereunder, and PROVIDED, FURTHER, that in case suit is brought upon The bond by The County or ant- other person wi,o may bring an action on this bond, a tease nable attorney's fee, To be fixed by the court, shall be paid by the Principal or Surety. IN WITNESS NEW&tc`.OF, the said Principal an t�5zidjyL ry have caused these presents To e6duly signed and sealed this--OvWw1t day of C1913i':kf . 19_. MALASPINA CORPORATION lynnctpal By By TSE A2NA CASUALTY AND SURETY COMPANY Surety t H. ey V ducrn eY-i a -Fact THE MTNA CASUALTY AND SURETY COMPANY Hartford, Connecticut 06115 • BOND N0. 33 SB 036708 BCA LIFE&CASUALTY PREMIUM: E28.00 SUBDIVISION PERFORMANCE BOND FOR SETTING MONUMENTS IN THE CITY OF SAN JUAN CAPISTRAN 0 KNOW ALL MEN BY THESE PRESENTS: That MALASPINA CORPORATION, as Principal, and THE MMA CASUALTY AND SURETY COMPANY, a corporation, organized and existing under the laws of the State of Connecticut, and authorized to act as Surety in the State of California, as Surety, are held and firmly bound unto THE CITY OF SAN JUAN CAPISTRANO, State of California, in the penal sum of TWO THOUSAND EIGHTY HUNDRED AND NO/100 DOLLARS ($2,800.00), for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, successors and assigns, jointly and severally, by these presents. The condition of the above obligation is such that whereas the said Principal intends to file with the Council of the City of San Juan Capistrano, a final map and subdivision of Tract No. 9184. AND WHEREAS, the certificate of the Engineer or Surveyor on said map provides that the monuments will be set on or before a specified later date; and WEEREAS, the Subdivision Map Act of the State of California (Section 11566 and 11592 of the Business and Professions Code) requires said Principal to file a good and sufficient bond guaranteeing payment of the cost of setting the monuments; NOW, THEREFORE, if said Principal, within 30 days after the setting of the said final monuments, furnishes written notice thereof to the City Engineer of the City of San Juan Capistrano, and pays the Engineer or Surveyor for setting said final monuments and presents evidence of such payment and receipt thereof to City Engineer together with a request that this bond be released, then this obligation shall cease and be void; otherwise, it shall remain in full force and effect. And the said Surety, for value received, hereby stipulates and agrees that no change extension of time, alteration or addition to the work or improvement or to the time and place for setting final monuments shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the work or improvement or to the time and place for setting final monuments. In the event suit is brought upon this bond by the City of San Juan Capistrano or by the Engineer or Surveyor to enforce the terms hereof, the Surety shall pay all costs incurred by the City in such suit, including a reasonable sum of attorney's fee, to be fixed by order of the Court. WITNESS OUR HANDS this 13th day of July, 1976. I APPROVED: , CITY ATTORNEY BY: DEPUTY CITY ATTORNEY (L-247-0) 10-68 BY A. POLING, CAT, 114505 PRINTED IN U.S.A. STATE OF CALIFORNIA 1 County of LOS ANGELES 1` 00000000000000000000000000N Commission Expires Nov. 2, 1976 ! ►0000000000♦♦0000000000♦ PRINTED IN U.S.A. SS. On this 13th day of July in the year one thousand nine hundred and seventy six before me, Haea S. Sanft a Notary Public in and for the County of Los Angeles State of California, residing therein, duly commissioned and sworn, personally appeared Keith A. Poling known to me to be the At.tnmay –in–Fact of THE !ETNA CASUALTY AND SURETY COMPANY, the corporation that executed the within instrument, and also known tometo be the person who executed it on behalf of said corporation therein named, and—he_acknowledgedtome that such corporation ex- ecuted the same. IN WITNESS WHEREOF, I re hereunto set my ha d and affix . y official seal at my office in the C my o s An les the day and year in this c rt icate f_rstrabo .tte . Notary Public in and for the County of State of California. IS-1292•DI 5-71 PRINTED IN U.S.A. OFFICIAL SEAL HAEA S. SANFT NOTARY PUBLIC - CALIFORNIA PR14CIPAL OFFICE IN LOS ANGELES COUNTY Commission Expires Nov. 2, 1976 ! ►0000000000♦♦0000000000♦ PRINTED IN U.S.A. SS. On this 13th day of July in the year one thousand nine hundred and seventy six before me, Haea S. Sanft a Notary Public in and for the County of Los Angeles State of California, residing therein, duly commissioned and sworn, personally appeared Keith A. Poling known to me to be the At.tnmay –in–Fact of THE !ETNA CASUALTY AND SURETY COMPANY, the corporation that executed the within instrument, and also known tometo be the person who executed it on behalf of said corporation therein named, and—he_acknowledgedtome that such corporation ex- ecuted the same. IN WITNESS WHEREOF, I re hereunto set my ha d and affix . y official seal at my office in the C my o s An les the day and year in this c rt icate f_rstrabo .tte . Notary Public in and for the County of State of California. IS-1292•DI 5-71 PRINTED IN U.S.A. r­L_THE AETNA CASUALTY AND ZURETV CO'.V. ANV / 4 [i V L - " Hartford, Connecticut 06115 7Gdn �o BOND NO. 33 SB 036708 SCA LIFE &CASUALTY PREMIUM: $28.00 SUBDIVISION PERFORMANCE BOND FOR SETTING MONUMENTS IN THE CITY OF SAN JUAN CAPISTRANO ICTOW ALL MEN BY THESE PRESENTS: That MALASPINA CORPORATION, as Principal, and THE 1_71"NA CASUALTY AND SURETY COMPANY, a corporation, organized and existing under the laws of the State of Connecticut, and authorized to act as Surety in the State of California, as Surety, are held and firmly bound unto THE CITY 0^ SAN JUAN CAPISTRANO, State of California, in the penal sum of TWO THOUSAND EIGHTY IRETDR D N0/100 DOLLARS ($2,800.00), for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, successors and assigns, jointly and severally, by these presents. The condition of the above obligation is such that whereas the said Principal intends to file with the Council of the City of San Juan Capistrano, a final map and subdivision of Tract No. 91811. AND WHEREAS, the certificate of the Engineer or Surveyor on said map provides that the monuments will be set on or before a specified later date; and WHEREAS, the Subdivision Map Act of the State of California (Section 11566 and 11592 of the Business and Professions Code) requires said Principal to file a good and sufficient bond guaranteeing payment of the cost of setting the monuments; NOW, THEREFORE, if said Principal, within 30 days after the setting of the said final monuments, furnishes written notice thereof to the City Engineer of the City of S_ ­:i Juan Capistrano, and pays the Engineer or Surveyor for setting said final monuments and presents evidence of such payment and receipt thereof to City Engineer together with a request that this bond be released, then this obligation shall cease and be void; otherwise, it shall remain in full force and effect. And the said Surety, for value received, hereby stipulates and agrees that no change extension of time, alteration or addition to the work or improvement or to the time and place for setting final monuments shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the work or improvement or to the time and place for setting final monuments. In the event suit is brought upon this bond by the City of San Juan Capistrano or by the Engineer or Surveyor to enforce the terms hereof, the Surety shall pay all costs incurred by the City in such suit, including a reasonable sum of attorneys fee, to be fixed by order of the Court. WITNESS OUR HANDS this 13th day of July, 1976. , CITY ATTORNEY BY: DEPUTY CITY ATTORNEY MALASPPIINNNAA-CORPORA ION BY:. —7 - -__ THEIETN CQ A Y AND TY COMPANY i BY: •KEI A. POLING, A 0 -IN-FACT STATE OF CALIFORNIA County of IAS ANGELES ����1�������♦OFFHHN������� OFFICIAL SEAL � HAEA S. SANFT j mom, NOTARY PUBLIC — CALIFORNIA 4 PRINCIPAL OFFICE IN LOS ANGELES COUNTY My Commission Exolres Nov. 2, 1976 IS -1292-0I 5-71 PRINTED IN U.S.A. SS. On this ,11th day of J111Y in the year one thousand nine hundred and severity six before me, Heea S. Sanft a Notary Public ir. and for the County of Lns Anaelea State of California, residing therein, duly commissioned and sworn, personally appeared v__5 A �_1:-- known to me to be the Attorney–in–Fact of THE (ETNA CASUALTY AND SURETY COMPANY, the corporationthat executed the within instrument, and also known tometo be the person who executed it on behalf of said corporation therein named, and —he _acknow ledged tome that such corporation ex- ecuted the same. IN WITNESS WHEREOF, I have ho set my hand and affixed my official seal at my office in the Count of , the day and year in this certifi 'rst above . Notary Public in and for the County State of California. 13ONIDOlZ IMPROVEMENT OV SURDIV*)N (LABOR AND MAT I!:R.IALS) TRACT NO 9184 BOND NO.33 SB0366 1 � � WHEREAS, the City Council of the City of San Juan Capistrano, County of Orange, State of California, and MALASPINA CORPORATION , whose mailing address is P 0 BOX 338, 31642 Los CERRiTus AvE., SAN JUff IrMTSTIallo, CA , hereinafter dcsiynatod as Princi_ha.l., leave entero into an n ire mcnl. wlioroby Principal agrees to install and complete• certain designotod improvem_,((C,_:, which said agreemont dated JULY 13 , 19 76 , and .iden- ti.fied as Subdivision Agreeniort for Tract. No. _ 91B4 _ —,is- hereby referred to and.made a part hereof; . Said improvements are construction of public sanitary sewers in Tract 910. WHEREAS, under the terms of said agreement, Principal is required before entering upon the perf.ormance of the work, to file a good .uul sufficient payment bond with thtL City to secure the claims to which roference is made in Title 15 (commencing with Section 3032) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, said Principal, and tho undersigned as corporate Surety, are held firmly bound unto the City of San Juan Capistrano, and all contractors, subcontractors, laborers, materialmon and other persons employed in the performance of the aforesaid agreement and roferred to in the aforesaid Civil Code in the sum of THIRTY ONE THOUSAND FIVE HUNDRED AND N Dollars ($31,500.00 ) lawful money of the United States, for materials furnished or labor thereon of any hind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, and that said Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, 'u be awarded and fi::cd by the Court, and to be taxed as costs and to be included in the judgment therein rendered. It is expressly stipulated and agreed that this bond shall. inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the said agreement, or the speci- fications accompanyinq the same, shall in any manner, affect its obliga- tions on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on this 13th day of JULY 19 76 . PRINCIPAL SURETY MALSPINA CORPORATION THE IETNA CASUALTY AND SURETY COMPANY ($u e Nam BY: By lrxl¢�•���'-- — -- By KEITH A. POLIN _ By (Attorney -in -Fact) Address of Subdivider: 316112 LOS CERRITOS AVE SAN JUAN CAPISTRANO, CA Bond No. 33 SB 036684 BCA NOTE: Acknowlodgements of execution by Principals and Surety must be attached. Bond must be attached to Subdivision Agreement. STATE OF CALIFORNIA 1 County of LOS ANGELES )(l .e<s•s••♦••♦•♦••e•n♦•♦••• � OFFICIAL AL SEAL L � HAEA S. SANT ♦ m NOTARY PUBLIC — CALIFORNIA e PRINCIPAL OFFICE IN ♦ LOS ANGELES COUNTY ! My Commission Expires Nov. 2, 1916 Ss. On this 13th day of JULY in the year one thousand nine hundred and SEVENTY SIX before me, HAEA S. SAM , a Notary Public in and for the County of LOS ANGELES State of California, residing therein, duly commissioned and sworn, personally appeared KEITH A POLING known to me to be the ATTORNEY—TN—FACT of THE ETNA CASUALTY AND SURETY COMPANY, the corporation that executed the within instrument, and also known tometo be the person who executed it on behalf of said corporation therein named, and_he_acknowledged tome that such corporation ex- ecuted the same. IN WITNESS WHEREOF, I have he nto set my hand and affixed my offic seal at my office in the Count o the day and year in this certif c first above writ n. ^ Notary Public in and for the County State of California. ,IS -1292.D1 5-71 PRINTED IN U.S.A. 1100FOR IMPPOVEMENT OF SUBDIO LONUM no' 33 0 036684 BOA (FAI'1 HPUL PERFORMANCE) PRD=e 1473• TRACT NO. _ 9,8, win'REAS, the City Council of the City of San Juan Capistrano, State of California, and X&AIMAO0MM-1220 , whose mailing address is herein dcsiynated as rinc..p. 1 , cave cn croc � c an JUjMrm n w u - VM M c �y Principal agrees to install and complete certain designated improvement, which said agreement. dated�,19 and i.dentificd as Subdivision Agreement To�i-�Tract is 9icrchy referred to and made a part hereof; and raMie oonitarY Owe" is 2oo Y t 9184 as said LarrevM"to we oatraotim of 111EREAS, saia Principal is required under the terms of said agrvemont, to furnish a bond for the faithful performance of said agrc,emont. NOW, THEREFORE, we, the Principal, anda. WCL O�� , whose mailing address and. L� unto: G4QnK7 as Surety, are held and firnly bound unto the City of San Juan Capistrano in the penal sum of aj100 - - - - - _ _ _ _ Dollars (,�J,50o.00 ) lawful money of the United States, for the payment of which sum, well and truly to be made, we bind 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 the 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 accompanyinc same, shall in any way, affect its obligations on this bond, and it does hereby waive any notice of anv 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 this 131h day of J= , 19 76 PRINCIPAL SURETY By Address of Subdivider: 31642 LOB OM8IT0s ATMON jMBy XUM A. raffia v Attorney -in -Fact Bond No. 33 81 036684 MU B1Y dlfl>f CBIf�tI�D. 01 NOTE: Acknowledgments of execution of Principals and Surety must be attached. Bond must be attached to Subdivision Agrermrnt. STATE OF CALIFORNIA SS. County of LIS ANGEL= ) On this 13th day of 'UL= in the year OFFICIAL SEAL HAEA S. SANFT r' NOTARY PUBLIC — CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY • _ My CommlSsian Expires Nov. 2, 1976 one thousand nine hundred and before me, EAFA S. SATYR a Notary Public in and for the County of LCOS AxGIM State of California, residing therein, duly commissioned and sworn, personally appeared !'YTIpR A MT -TIM known to me to be the ATTR g-1AL"i of THE (ETNA CASUALTY AND SURETY COMPANY, the corporation that executed the within instrument, and also known tometo be the person who executed it on behalf of said corporation therein named, and —he—acknowledged tome that such corporation ex- ecuted the same. IN WITNESS WHEREOF, I have hunto set my hand and affixed my Official seal at my office in the County of , the day and year in this certif(ca le first aboxe wr)tt _ Notary Public in and for the County State of California. (S -1192-D) 5-71 PRINTED IN. U.S.A. BONOR IM11kOVEMMV1' (A' SUM)ION (LAI'OR AND MA'11IiRIALS) TRACT NO. . 9184 WHEREAS, the City Council of the City of. San Juan CapisLrano, County of Orange, State of California, and MILAQISA 00MR&M , whose mailing a d d rc s s is T 0]0� 338 31642 LOB CZUrM ATM.. 81x JM OATISMM, QA , hereinafter designaLed as Principal, have entered into an a(Ireement. whereby Principal agrees to install and complete certain designated improvemellLs, which said agreement dated nM 13 , 1976 , and iden- tified as Subdivision Agreement for 'Tract- No. 9184 , is hereby referred to and made a part hereof; auoix Said improvemmts are construction of public sanitary ewers in Tract 9184 WHEREAS, under the terms of said agreement, Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with th'd City to secure the claims to which referonce is made in Title 15 (coiimioncing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, said Principal, and the undersigned as corporate Surety, are held firmly bound unto the City of San Juan Capistrano, and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid a reemont and referred t4� / in the aforesaid Civil Code in the sum of T M 20081M mY AIM v1G Dollars ($31.500.00 ) lawful money of the United States, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act e:ith respect to such work or labor, and thatsaid Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, '.o be awarded and fitted by the Court, and to be taxed as costs and to be included in the judgment therein rendered. It is expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond bc, fully performed, then this obligation shall become null and void, oth,�rwa _, it shall be and remain in full force and effect. The Surety hereby stipulates and acrees that no change, extension of time, alteration, or addition to the terns of the said agreement, or the speci- fications accompanying the same, shall in any manner, affect its obliga- tions on this bond, and it does hereby naive notice of any such change, extension, alteration, or addition. IN WITNPSS WHEREOF, this instrument been been duly exec -sited by the Principal and itrety above named, on this ++�j day of JOLT 19 PRINCIPAL i By By Address of Subdivider: 31642 I,OB 002ITOB'ATI BAN411 . CA SURETY s: By IN= A. POLINGU Attorney -in -Fact Bond No. 33 M 036684 BCA NOTE: Acknowledgements of execution by Principals and Surety must be attached. Bond must be .�tta,-hhd to Subdivision Agrcemcnt. STATE OF CALIFORNIA ss. County of LOS ANGJ On this 13th day of JULY in the year one thousand nine hundred and SEVEM SIX before me, BAR& 8. SAM a Notary Public in and for the County of , State of California, residing therein, duly commissioned and sworn, personally appeared •••++♦♦++••♦•+♦♦♦e+♦++oss+o+♦♦ MTN L. POISM • F OFICIAL SEAL • ,„„- j known to me to be the A440ENEf—ffi—FACT of HAEA S. SANIFT 4THE t -Y FETNA CASUALTY AND SURETY COMPANY, the corporationthat executed the within ♦ m�-y NOTARY PUBLIC -- CALIFORNIA ♦ PRINCIPAL OFFICE EN # instrument, and also known tometo be the person who executed it on behalf of said • LOS ANGELES COUNTY ♦ corporation therein named, and—he—acknowledged tome that such corporation ex- My Commission Expires Nov. 2, 1916 ! ecuted the same. ♦•••••++••••+•♦•♦••••♦•••♦•••♦ IN WITNESS WHEREOF, I have he to set my hand and affixed my off i ial seal at my office in the County Of , the day and year in this certif..ca irs abov written. Notary Public in and for the County o IM ANGEff State of California. ,IS -1292 -DI 5-]1 PRINTED IN U.S.A. 1 ,3$400 PASFO ADELA14TO SAN JUA14 CAPIS TR ANO, CALIFORNIA 92675 'pNONC 493.1171 November 5, 1979 Malaspina Corporation P. O. Box 338 San Juan Capistrano, CA 92675 Re: Grading and Faithful Performance Bonds, Tract 9184 Gentlemen: The Building and Safety Division has reviewed your request for release of the abovementioned bonds, in the amounts of $18,486.00 and $23,406.00, and finds that you have not yet completed the work covered by this bond. Specifically, the paving work on the private streets must be completed. Copies of the correspondence delineating this condition are enclosed for your information. Very truly yours, CITY OF SAN JUAN CAPISTRANO J. G. Gaffney Asst, Bldg. & Safety Engineer JGG%rh Encl. cc The Aetna Casualty and Surety Company Hartford, Connecticut 06115 n 17.4001'A5r. 'A6Et m9)6 SAN JU N CAPfSTRANO, CgUFORN rr f IION1L 49)I•117 / G July 13, 1976 Malaspina Corporation P.O. Box 338 San Juan Capistrano, CA 92675 Gentlemen; Street Structural Section - Tract 9184 92475 I have reviewed in detail your request for a revision to the structural section requirements for private streets. The City of San Juan Capistrano has adopted a policy that private streets will be constructed to the same standards as public streets to ensure that a low main- tenance safe street is constructed for the future residents of th.. Ci ty. This tract, which will be generally rural in nature and developed over a period of time, I believe warrants special circumstances. By this letter I am approving a structural section of 211 of AC over 41' of compacted base material. It is expected that following the utility placement and build out of the tract, the association would consider an asphalt overlay such that this street would achieve an equivalent structural section to City standards. Very truly yours, CITY OF SAN JUAN CAPISTIIANO W.1)1�'j1,..p� W. D. hlu, P•>\Y Director of Public Works/City Engineer WDM: rm r,`/� at7,aoo iw I eo'A u V!. A N 1'15 SAN Jek.ri' CAPISTNANO• CAUrop iONh 693•'17 August 26, 1976 Tor. Robert Reece Grading Division County of Orange Building R; Safety 26052 Getty Drive Laguna Niguel, CA 92677 92675 Re: Grading Plan - Tract 9184 (Malaspina Corp.) Dear 11r. Reece: This office has reviewed the subject plan and has no objection to the issuance of a grading permit, subject to the attached plan and the following conditions/comments: 1. Slopes are to be constructed in accordance with the LUMC, except the maximum slope has been approved for 12:1. 2. Approval has been given for one street light only (corner of Malaspina Rd. and Paseo Cardero.) 3. The only public improvement is the sewer system. 4. The street section has been approved for 211 AC over 411 AB. If you have any questions regarding these plans, please contact Mr. Jim Neville of my office. Sincerely, CITY OF SAN JUAN CAPISTRANO W. b. TIurph Director of Public locks/ City Engineer WDM: TJN:rm Encl. cc: }lank Beal, OCBSS Bill Ayer, So. Coast Engineering Brad Gates Bob Honeyman, Malaspina Corp. RE 3 400 PASEO'ADS Af�l Q� SAN JU _ P1 TR NO, CAj,IF' ANI 92675 \ `�\(N�"�! 'a rp \-dNE1 49]1,117 - July 22, 1976 Mr. Robert Honeyman, President Rancho Los Cerritos, Inc. P. O. Box 338 San Juan Capistrano, California. 92675 Re: Tract 9184, Malaspina Corporation Extension of Junipero Serra Road Dear Mr. Honeyman: At their meeting of July 21, 1976, the City Council voted unanimously to approve the Agreement for the Development and Improvement of the Extension of Junipero Serra Road, Tract 9184 by the Malaspina Corporation, Rancho Los Cerritos, Inc., and the City of San Juan Capistrano. Your fully -executed copy of the Agreement is enclosed herewith. Thank you for your cooperation in this matter. Very truly yours, (MRS) MAR ,f ANN HANOVER City Clerk MH/m Enclosure cc: Director of Public Works