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1977-1222_MAURERE/MISSION SPRINGS_Subdivision Agreement10452 • _EX E0,P-T c2 RECORDED AT THE REQUEST OF AND RETURN TO: City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 I&K 13426 PG 493 WORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 6103 y Mary AnV Han er, City Cle k 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 Mission Place, 14841 Yorba Street, Tustin, California 92680, subdivider of Tract 8485 requires the subdivider to complete the following work to wit: CONSTRUCTION OF PUBLIC IMPROVEMENTS IN CONJUNCTION WITH TRACT 8485 IN THE CITY OF SAN JUAN CAPISTRANO That said work, exclusive of the work itemized in Exhibit "A" of the City Council Resolution referenced below, was completed by said subdivider ac- cording 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 28th day of November 1979, by Resolution No. 79-11-28-1 That upon said agreement the Covenant Mutual Insurance Company was surety for bonds given by the said subdivider. Dated at San Juan Capistrano, California, this 3rd day Of December 1979. 1Mary �An W Han ec Y r, City Clerkbf tM City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) S, 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 3rd day of December , 1979• RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA 15 ^ 4 P.M. DEC 1 1878 LEE A. BRANCH, County Recorder Mary AnrVHanoVer, City Clerk of San Juan Capistrano ,. . RECORDING REQUESTED BY AND WHEN RECORDED RETURN T 1 CITY OF SAN JUAN TCA Office of the City Clerk 1XIM PT 32400 Paseo Adelanto 1 C9 San Juan Capistrano, CA 92675 RECORDING FEES EXEMPT DUE TO GOVER0NT CODE SECTION 6103 FARY ANN/11ANOVER, City Clerk San Juan'Capistrano, California Qj SUBDIVISION AGREEMENT Tract No. 8485 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 MISSION PLACE whose mailing address is 14841 Yorba Street, Tustin, California 92680 hereinafter called the "Subdivider." WITNESSETH: THAT, EHEREAS, Subdivider of the City a tentative map for Tract No. 8485 , which has City Council, and as filed with the Planning-Corimission a proposed subdivision,.known.as been conditionally approved by.the 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. VOW, 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 theapprovalof the said tentative map, the Subdivider hereby undertakes, promises and agrees as follows: . 1. Subdivider will, at his (its) own cost and expense, improve said tract by doing all work and providing and furnishing all labor, materials and equipment and making all installations shownon the improvement plans signed and approved by the City Engineer and specified by the Specifica-- tidn_ 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 easements, construction of concrete curbs, gutters, cross -gutters and sidewalks, installation of storm drainage and sanitary sewerage facilities, installation of underground conduit street lighting system, the installation of all street name signs, and the supplying and planting of all nark -way trees, together with the instal- lation of all appurtenances, contingencies and the furnishing of all engineering costs and services to do.ard complete said work, and to do and complete all other acts and obligations required by the City as condi- tion 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, provide and install all on-site and off -site -water mains and appurtenances and will arovide all labwr and material to connect the same to existing mains a;Td facilities, of the Orange County Wate ncorks District 44, and will comply with all cf the requirements of said District, and with the plans and specifications.for said work sioned by, and on file in the office crC• the Manager o= zaid District, incorporated herein by reference. 3. Subdivier agrees to pay all applicable fees assigned by 5at_y. For purposes of -this zgreement, applicable fees shall be defined as all fees that msy be legally assessed through City's ordinances and resolutions as conditions of approving subdivider's subdivi=sion and proposed improvements. ago BX 12566P6 800 . •+,; Subdivider sha ) urnish one good ane dance with the proWions of Chanter 5 o...'I3i ion of Title 7 of >C}tiE� Ubvcrnment Code, said bond shall be in an amount equal to the total ja§tjmyted cost of work and improvements not to be dedicated to City but 3Bgpo Dted by City personnel. Said bond shall be conditioned upon faithful ff%4 fotwance of this agreement. S. Subdivider shall furnish two good and sufficient bonds in ,ijeebrdance with the provisions of Chapter 5 of Division 2 of Title 7 of lhb 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 i�thd 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 subcontractors, and to persons renting equipment or furnishing labor or materials to them for the improvements. G. The Citv Engineer of the City of San Juan Capistrano may make tueh changes, alterations or additions to the plans and specifications for said work and improvement which do not exceed ten percent (103) 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 a;::: improvement or as required for the safety and welfare of the public and no such changes, alterations or additions shall relieve the Subdivider from the faithful performance of this agreement. 7. Subdivider agrees to complete all of said work and improvement -and to pay all costs specified herein within a period of 365 .days from the date hereof. 8. It is agreed by and between the parties hereto that in the event it is deemed necessary to extend the time of completion of the work and improvement to be done under this agreement, said extension may be granted by the City Council of the City of San Juan Capistrano or its duly authorized officer, and shall in no way affect the falidity of this agreement or the obligations hereunder. Bonds furnished hereunder sball. 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 uzork, and Subdivider shall pad to said City, upon demand, all of the cost of any of said work done by the City, its agents and contractors, or any or 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 sv _h action aaainst the Subdivider if such action is determined -in favor of the said City. 11. City, its officers and employees, except for their own acts, - shall not be liable or responsible 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. 32. At all times from the acceptance by the City Council of the dedications offared on the final map of said tract to the completion and acceptance of the improvements described herein, Subdivider shall perform all wore_ ir., a safe, workmanlike manner and shall take such precautions as may be necessary to warn and protect the public from any danq�zrous condition: caused by the construction of said improvements. 13. Subdivider s?:all hold City, its officers and employees harmless from any and all claims, demands, causes of action, liobility 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 ayrecment. -2- Tract o aK 12568PG 8o t 8485 Executed at San Juan Capistrano, California this 21st day of December ,19 77 ATTEST: San Ju apistrano City Clerk APPROVED AND RECOMMENDED FOR EXECUTION: : L/ , City Engineer Manager/of Orange County Waterworks, District #4 APP v r ED1� J $ O FORM ........... .... ......... i�v liiid.:l 1Cj', SUBDIVIDER: MISSION PLACE, a General Partnership composed of: MJAURER EV LOP14ENT By Ro rt E. :Maurer, Presi t R. K. ELLIOTT CONSTRUCTION AND DEVELOPMENT COMPANY By Robert K. Elliott, President CITY OF ,AN JUAN CAPISTRANO By / HECKSCHER, MAYOR y 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 or execution. RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA 30 A1fn. 8 P M FEB 16 1978 p J. WYLIE L.,:,Li LL, Luunty Recorder -3- Q Signature a e (ypedMir inted) (This area for official notarial seal) STATE OF CALIFORNIA \1\ n S5. Orange __ _ COUNTY OF I ex I2568PB 802 F On this -45- day Of DoCeM u _.._ 19-7.., before me Barbara d Shelton i a Notary Public in and for said State personally appeared — Rnhert F. %tall rpr m x' c known to me to be the President, and C o n -- known to me to be the----- _ Secretary of- __—Kau-reeO Development co o to . the corporation that executed the within instrument and known to me to be the persons who executed the within a v pipp the corporation that executed the within instrument and kh.9 o o �E��'Ji} a v m F instrument on behalf of said corporation, said corporation being v r m ou f _o known to me to be one of the partners of -- A u 0- 5 ¢ TE — -- Mi 55 )v --place - .— `ons g............................. na the partnership that executed the within inshmnent, and acknowl- OFFICIAL SEAL •••,•• lJ W edged to me that such corporation executed the same as such =" BAR PAPA J. SHELTON S partner and that such partnership executed the same. Notary pub ° . Ca!ifornie ch E WITNESS my han nd official seal i / ,'O\ O. . K ..'ci ORANGE COU14TY M y commission Expr zs Aug. 30, 1931 , Q Signature a e (ypedMir inted) (This area for official notarial seal) W Signature Ra rhn ra_,I_ Shel tom_______ _ Name (Typed or Printed) (This area for official notarial seal) STATE OF CALIFORNIA ex I2568PB 802 F Iss. COUNTY OF_ n --O-range _. _.. m On this_1_7—day of Q2Celtlbef _ 1g7�_, before me_�dLbara Shelton ia Notary Public in and for said State personally appeared _ Robe -t.-K- E.l_ LcLtt_____ C known to me to be the_——._President, and ° a -- R. known to me to be the. — __-- Secretary of_I1�� K. ELLIOTT CONSTRUCTION AND co u pipp the corporation that executed the within instrument and kh.9 o o �E��'Ji} a v e "ecuted the within v r m instrument on behalf of said corporation, said corporation being A u known to me to 6e one of the partners of_,_ 5 ¢ the partnership that executed the within instrument, and acknowl- —-r""'Taafe----- - --Qmi_ ` OFFICIAL SEAL •....� - `ons . BARBARA J, S edged to me that such corporation executed the same as suchH_LTONNoty P�b,icCa!ifomia partner and that such partnership executed the same. ?y ORANICE COUNTY o WITNESS mybp^ and official seal. (�� S...MY commission Expires Aug, 30, 1991 ........................................... E . t xr/ /%ic W Signature Ra rhn ra_,I_ Shel tom_______ _ Name (Typed or Printed) (This area for official notarial seal) SAN JL4A*WnY4sr Rich@! eAL-WdLV+iA 92675 March 21, 1985 Mr. Robert Maurer Maurer Elliott Construction Company 14201 Chambers Road Tustin, California 92680 Re: Release of Surety for Grading Dear Mr. Maurer: Per the request of the Building and Safety Division, please be advised that the City of San Juan Capistrano releases Bond No. 009200, in the amount of $38,000, from Covenant Mutual Insurance Company. A copy of the bond is attached for your files and was given to the City as surety for grading in Tract 8485. If you have any questions, please do not hesitate to call. Very truly yours, (� MARY ANN HANOVER, CMC' City Clerk MAH/cdc Enclosure cc: Nobby Cochran, Building Official •DIVISION OF BUILDING AND SAFETY CITY OF SAN JUAN CAPISTRANO MAINTENANCE & FINISH GRADING SURETY BOND Bond No: 009200 Prem.Amt$684.00 KNOW ALL MEN BY THESE PRESENTS: That , Mi,;c,;nn Springs heretofore known as Mission Place as Principal, is held and firmly bound untq the City o San Juyp Capistrano in the just and full sum of Thirty e19t t fhqusano d no/100--- ----- DOLLARS, for the payment of which, well and truly made, said Principal binds himself, his heirs, administrators, 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 City of San Juan Capistrano, California, for an excavation or fill of 250 yards or more, on the following described property: Tract #8485 City of San Juan Capistrano and: WHEREAS, the estimated cost of the work authorized by the permit is $ 38.000.00 NOW, THEREFORE, it is agkeed that if the Principal shall: a) Comply with all the provisions of the San Juan Capistrano Grading and Excavation Code, "Ordinance No. 367, Article 2, Section 1 through 24 inclusive"; b) Comply with all the terms and conditions of the permit to the satisfaction of the Director of Public Works; c) Complete all of the work contemplated under the said permit within the time limit specifics in the permit, and any extension or extensions thereof; d) Reimburse the City for any work the Division of Building and Safety deems necessary to complete, correct or otherwise under- take the work specified in the permit, or any work deemed necessary for the public safety, because of any failure on the part of the Principal, then this obligation shall be null and void; otherwise it shall remain in full force and effect. PROVIDED, HOWEVER, that the said surety, for value received, hereby stipulates and agrees that no changes, 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 City 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. IN WITNESS WHEREOF, the said Principal has caused these presents to be duly signed and sealed this __5 _day of November 19 79 . Mission wrings/Mission Place Principal By By C�i A+�ncNranckhCOMC A'1"1'0hNEY M FACT Iti and tot 9/78 .City and State V t executed in duplicate Arthur J. Clement Jr. State of California County of Los Angeles ss. On this 5th day of Nnvpmhpr 1919 before me personally came Arthur J. Clement, Jr. to me known, who being by me duly sworn, did depose and say: that he is AttorneyIs)of Covenant Mutual Insurance Company, the Corporation described in and which executed the foregoing instrument; that he know(s) the seal of said Corporation; that the seal affixed to said -instrument is such corporate seal; that if s so affixed by authority granted to him in accordance w.fh the B A' o e s ' Corpor ion, and th t he igned his name thereto 6y,like authority °tlO (Notary Public) COVET MUTUAL INSURANCE COMPAP Hartford, Connecticut POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That COVENANT MUTUAL INSURANCE COMPANY, a corporation of the State of Connecticut, does hereby make, constitute and appoint ARTHUR J. CLEMENT JR. its true and lawful Attorney (sl -in -Fact. with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recog- nizances, consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof in an unlimited amount. and to bind COVENANT MUTUAL INSURANCE COMPANY thereby, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. • This appointment is made under and by authority of the following provisions of section 12 of the by-laws of the Company, which are now in full force and effect: From time to time the board may impose such additional duties and confer such further authority upon any or all of the officers as it may in its discretion determine including, without limitation or characterization, authority to execute by facsimile signature or facsimile signatures, and deliver or cause or authorize any duly appointed agent to deliver in the name and behalf of the corporation any policy, contract, bond, undertaking, consent of surety, recognizance, general or special power of attorney, certification, attestation, or other instru- ment, all with or without the seal of the corporation, but if under seal to evidence such seal by physical im- pression or by facsimile or by any other appropriate method. This power of attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Directors of COVENANT MUTUAL INSURANCE COMPANY at a meeting duly wiled and held on March 11, 1973: RESOLVED: Thatany bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when signed by the President or any Senior Via President or Vice President and duly attested and sealed, if a seal is required, by any Secretary or Assistant Secretary or when signed by the President or any Senior Vice President or Vice President and countersigned and sealed, if a seal is required, by a duly authorized attorney-in-fact or agent: and any such bond, undertaking, recognizance, consentof surety orwritten obligation in the nature thereof shall be valid and binding upon the Company when duly executed and sealed, if a seal is required, by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority granted by his or their power or powers of attorney. FURTHER RESOLVED: That the signature of any officer authorized by the by-laws and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature there• of; such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, COVENANT MUTUAL INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March, 1973. Attest: I 4 , Assistant Secretary STATE OF CONNECTICUT ss: COUNTY OF HARTFORD COVENANT MUTUAL INSURANCE COMPANY By 1 �r, Z,/" .' Vice Presid t On this 22nd day of March in the year 1973 before me personally came Francis W. Palfrey, Jr., and James E. Witkins to me known, who being by me duly sworn, did depose and say; that they reside in the State of Connecticut; that they are respectively Vice President and Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY, the corporation described in and which executed the above instrument; that they know the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of their office under the by-laws of said corporation, and that they signed their names thereto by like authority. •: ;fit .~:..!f)�'., �1S(.Z•t ✓r:.c+.{- ✓ ✓ / �� C4L� Notary Puoiic + ♦^ ' a ' My commission expires March 31, 1978 004at..... .. `r CERTIFICATION I, Vera C. Spitko, Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY certify that the foregoing power of attorney, the above -quoted proymons of Section 12 of the bylaws and the resolutions of the Board of Directors of March 12, 1973 have not been abridged or revoked and are now in full force and effect. Signed and sealed at Hartford, Connecticut, this 5th day Of November 1979 Assistant Secre y MEMORANDUM March 6, 1985 TO: Cathy DuCoing, Records Coordinator FROM: Mae Shimizu SUBJECT: Grading Bond No. 009200 Please release Surety Bond No. 009200 in the amount of $38,000.00 from Covenant Mutual Insurance Company. Grading has been completed and approved by Roy Aalbu, Senior Building & Grading Inspector. The bond is for Tract 8485, Mission Springs (Maurer/Elliott). The bond was accepted by the City Council on November 28, 1979. 7W4 -s - Mae J uV',$SR vo $PI' ' RN1P m February 28, 1985 e 0 m CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 ATTENTION: Building Department RE: Tract 8485 Maintenance & L Finish Grading 8 Surety Bond No. 009200 $38,000.00 s Gentlemen: As we have mow completed-alldevelopment of the above referenced tract, :including finish grading of all lots within the tract,qae respectfully request the release of the above xeferenced'bond. " Please advise ms as to the necessary steps for release of our'surety. If you need any additional information concerning this request, please do not hesitate to contact us. Very truly yours, °MISSION SPRINGS, a "!General lPart ership .�» . f r loxxK r �12..w. vlliott, partner 1� r i2RE s cc: Robert E. Maureree- * r- '' ' •�- 7. APPROVAL OF REDUCTION OF SURETY FOR PUBLIC IMPROVEMENTS Vao/'SI TRACTS 7673, 8485 AND 9382, ORTEGA HIGHWAY (MAURER) � '(38) Written Communications: (85) Report dated January 20, 1981, from the Director of Public Works, requesting reduction of Faithful Performance surety requirements for Maurer/Elliott Construction Company. The report further states that staff has reviewed the tracts and concurs with the developer that a reduction of the Faithful Performance surety is appropriate. Reduction of Surety: The following changes in surety were accepted: PREVIOUS. ACCEPTED TRACT PURPOSE .SURETY SURETY 7673 Labor & Materials $ 28,500 $ 28,500 7673 Faithful Performance 538,572 50,000 8485 Labor & Materials 128,500 128,500 8485 Faithful Performance 663,624 128,500 9382 Labor & Materials 36,000 36,000 9382 Faithful Performance 521,927 50,000 Vao/'SI 0 0 AGENDA ITEM January 20, 1981 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Approval of Reduction of Surety for Public Improvements - Tracts 7673, 8485 and 9382, Ortega Highway (Maurer) SITUATION The developer of the subject tracts, Maurer/Elliott Construction Company, has requested review and consideration of a reduction of Faithful Performance surety requirements. In August, 1980, the City Council approved a reduction and release of Labor and Material and Monumentation surety for the three tracts. Staff has reviewed the tracts and concurs with the developer that a reduction of the Faithful Performance surety is appropriate. The developer has submitted new Faithful Performance bonds in amounts necessary to warrant those public improvements which have not been accepted by the City. The attached exhibit sets forth all sureties held and/or replaced in accordance with this item. FINANCIAL CONSIDERATIONS 1. Accept the new Faithful Performance sureties for Tracts 7673, 8485, and 9382, and release the Faithful Performance sureties currently held. 2. Do not accept the new sureties and do not release the existing sureties. 3. Request further information. RECOMMENDATION By motion, accept the new Faithful Performance sureties for Tracts 7673, 8485, and 9382 and release the Faithful Performance sureties currently held. Respectfully submitted, W. D. Mur WDM:MB/rem Attachs. i FOR CITY COUNCIL. AGENDA ....�� T7 i TRACT 7673 7673 8485 8485 9382 9382 1/20/81 0 0 E X H I B I T SURETY - TRACTS 7673, 8485, 9382 PURPOSE Labor & Materials Faithful Performance Labor & Materials Faithful Performance Labor & Materials Faithful Performance CURRENT SURETY $ 28,500 538,572 128,500 663,624 36,000 $ 521,927 PROPOSED SURETY $ 28,500 50,000 - 128,500 128,500 36,000 $ 50,000 • CONSTRUCTION C"PANV e a h e n 0 December 18, 1980 m e N m n RECEIVED DEC IS II is rim 180 CITY OF SAN JUAN CAPISTP,AUG c3 Mr. Bill Murphy Director of Public Works/ City Engineer. CITY OF SAN JUAN CAPISTRANO s 32400 Paeso Adelanto m San Juan Capistrano, CA 92675 a Dear Mr. Murphy: We have completed all improvements for the three tracts we are building on Ortega highway, Tracts 7673, 8485 and 9382. We have had partial release of bonds for the above mentioned tracts, and at the present time the City is requiring us to maintain Faithful Performance Bonds for each of these tracts. The staff has been very helpful in authorizing partial release of bonds, however we have discovered that the bonding companv requires the premiums for the full amount of Faithbul Performance Bonds, and so we have not received credit for the releases on labor and material bonds. I know at the present time the City's policy is to require Faithful Performance Bond's for one vear after tracts have been accepted. our completed bonds were released January 1980, and the other improvements with the exception of water were released in August of 1980. This would require us to maintain the Faithful Performance Bonds until August of 1981. We believe in these economic times that this is an additional financial hardship when all of the work has been completed and accepted. We would be willing to negotiate, with the City's permission, a reduction in E Mr. Bill Murphy December 18, 1980 Page 2 0 these original bond amounts so that we are not handicapped with premiums on the full amounts originally set for all of our tracts. We would like to ask you and the City Council for consideration in this matter. If there is any additional information you may_requ.ire regarding our bonds, we will be happy to provide same. Yours very truly, Partner REM/sd OTT CONSTRUCTION CO. Laurer ' 1. RESOLUO,_NOTICE_OF COMPLETION, ACCEPTANOF NEW SURETY _ 7F_:,= ;.i5, :i.'32 Gv17_ i21 L-09) Writt^n Communications: (49) Report uato,d August 20, 1980, from the Director of Public • (65) Works advising that the public improvements for Tracts 7673, 8485 and 9:32 have boon co7p'_eted, requesting acceptance of new bonds and release of current bonds. Acceptance of Work: The following Resolution was adopted: RESOLUTION NO. 80-9-20-4, COMPLETION OF PUBLIC IMPROVP:11 :TS - TRACTS 767':. G4RS a•tn QIR) !`.t:.11Drni - JUAN CAPISTRA O, CALIFORNTA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF PUBLIC iMPROV•E?LENTS - TRACTS 7673, 8485 AND 5382 (,LNURER DEVELOPMENT COMPANY) The Resolution accepts the public improvements and directs the City Clerk to forward the Notice of Completion to the County Recorder within, 10 days. Acceptance of Surety: The following bonds from Covenant Mutual Insurance Company were accepted: Bond Amount Tract 7673, Labor and Material and Maintenance No. 006245-B $ 28,500 Tract 8485, Labor and Material and Maintenance No. 006248-B $128,500 Tract 9382, Labor and Material and Maintenance No. 006251-B $ 36,000 Release of Suretv: The following bonds from Covenant Mutual Insurance Company were released upon expiration of 35 days from recording of the Notice of Completion: TRACT 7673 Monumentation No. 006247 $ 4,000 Labor and Material No. 006245-A $ 801000 TRACT 8485 Monumentation No. 006250 $ 4,000 Labor and Material No. 006248-A $132,724 TRACT 9382 Monumentation No. 006253 $ 4,000 Labor and Material No. 006251-A $156,000 The following bonds from Covenant Mutual Insurance Company were extended to August 20, 1981: i✓ Tract 7673, Faithful Performance No. 996245 $538,572 Tract 8485, Faithful Performance No. 006248 $663,624 Tract 9382, Faithful Performance No. 006251 $521,927 s/3a%b State of California County of Los Angeles On this BARBARA BLUMER day of January , 19 78 before me personally came to me known, who being by me duly sworn, did depose and say: that he is Attorney(s) -in-Fact of Covenant Mutual Insurance Company, the Corporation described in and which executed the foregoing instrument; that he know(s) the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority granted to him in accordance with the By -Laws of the said Corporation, and that he signed his name OFFICIAL SEAL L1P,RVA J LYNG ®LIQ. I C".LI 4NIA F, ric IN a,no (N or ublic) LOS IT.C__.7 C?LINTY = My Commission Expires Sep.. 23, 1980 COVENT MUTUAL INSURANCE COMPANY 0 SUBDIVISION IMPROVEMENT BOND FAITHFUL PERFORMANCE (CALIFORNIA) KNOW ALL MEN BY THESE PRESEN7S, That MISSION PLACE 1 _7" Bond _ [ i, yj M1iAj Bond No. 006250 Initial Premium $ 72.00 as Principal and the COVENANT MUTUAL INSURANCE COMPANY, a Corporation organized and existing under the laws of the State of Connecticut and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CITY OF SAN JUAN CAPISTRANO , as Obligee, in the sum of FOUR THOUSAND AND NO/100*******************Dollars ($ 4. 000 - 00 ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal on 19_ entered into a certain Agreement or Contract with the Obligee wherein the Principal agreed to complete the following improvements: SETTING OF MONUMENTS, SUBDIVISION TRACT NO. 8485• as more fully set forth in said Agreement. NOW, THEREFORE, if the Principal shall well and truly perform and fulfill all of the covenants, terms and conditions of the said Agreement, then this obligation shall be null and void; otherwise to remain in full force and effect. Provided, however: 1) That the consent of Surety shall be required for any extension of time to complete said improvements; 2) That no right of action shall accrue hereunder to or for the benefit of any person, firm or corporation other than the Obligee named herein. Signed, sealed and dated JANUARY MM COVENANT MUTUAL (INSURANCE COMP Y Barbara Blumer, Attorney -in -Fact 26o S. Address 0 0 COVENANT MUTUAL INSURANCE COMPANY Hartford, Connecticut POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: ThatCOVENANT MUTUAL INSURANCE COMPANY, a corporation of the State of Connecticut, does hereby make, constitute and appoint BARBARA BLUMER its true and lawful Attorney (s) -in -Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recog- nizances, consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof in an unlimited amount. and to bind COVENANT MUTUAL INSURANCE COMPANY thereby, and all of the acts of said Attorney(O-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following provisions of section 12 of the by-laws of the Company, which are now in full force and effect: From time to time the board may impose such additional duties and confer such further authority upon any or all of the officers as it may in its discretion determine Including, without limitation or characterization, authority to execute by facsimile signature or facsimile signatures, and deliver or cause or authorize any duly appointed agent to deliver in the name and behalf of the corporation any policy, contract, bond, undertaking, consent of surety, recognizance, general or special power of attorney, certification, attestation, or other instru- ment, all with or without the seal of the corporation, but if under seal to evidence such seal by physical im- pression or by facsimile or by any other appropriate method. This power of attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Directors of COVENANT MUTUAL INSURANCE COMPANY at a meeting duly called and held on March 12, 1973: RESOLVED: That any bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when signed by the President or any Senior Vice President or Vice President and duly attested and sealed, if a seal is required, by any Secretary or Assistant Secretary or when signed by the President or any Senior Vice President or Vice President and countersigned and sealed, if a seal is required, by a duly authorized attorney-in-fact or agent; and any such bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when duly executed and sealed, if a seal is required, by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority granted by his or their power or powers of attorney. FURTHER RESOLVED: That the signature of any officer authorized by the by-laws and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature there• of; such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same fora and effect as though manually affixed. IN WITNESS WHEREOF, COVENANT MUTUAL INSURANCE COMPANY has caused these presenu to be signed by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March, 1973. Attest: C, Assistant Secretary STATE OF CONNECTICUT u: COUNTY OF HARTFORD COVENANT MUTUAL INSURANCE COMPANY By k. zg�g& - . Vice Presid t On this 22nd day of March in the year 1973 before me personally came Francis W. Palfrey, Jr., and James E. Wilkins to me known, who being by me duly sworn, did depose and say; that they reside in the State of Connecticut; that they are respectively Vice President and Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY, the corporation described in and which executed the above instrument; that they know the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of their office under the by-laws of said corporation, and that they signed their names thereto by like authority. ?\+�'~ "';fly .t t ✓s c+. -C �• /� w!/!a CCS C%� a 7A+` 1. % Notary Public My commission expires March 31, 1978 r wa444CioCERTIFICATION I, Vera C. Spitko, Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY certify that the foregoing power of attorney, the above -quoted provisions of Section 12 of the by-laws and the resolutions of the Board of Directors of March 12, 1973 have not been abridged or revoked and are now in full force and effect. Signed and sealed at Hartford, Connecticut, this 9th day of JANUARY 1978. [/- 4- Ci . �iita.L4/� Assistant Secre [OVPJIdIIt COVENT MUTUAL INSURANCE COMPANY • SUBDIVISION IMPROVEMENT BOND FAITHFUL PERFORMANCE (CALIFORNIA) Bond No. 06250 Initial Premium $ T2.00 KNOW ALL MEN BY THESE PRESENTS, That MISSION PLACE as Principal and the COVENANT MUTUAL INSURANCE COMPANY, a Corporation organized and existing under the laws of the State of Connecticut and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CITY OF SAN JUAN CAPISTRAW , as Obligee, in the sum of FOUR THOUSAND AND Dollars (S 4 non _00 ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal on 19_ entered into a certain Agreement or Contract with the Obligee wherein the Principal agreed to complete the following improvements: SETTING OF MONUMUM , SUBDIVISION TRACT NO. 8485. as more fully set forth in said Agreement. NOW, THEREFORE, if the Principal shall well and truly perform and fulfill all of the covenants, terms and conditions of the said Agreement, then this obligation shall be null and void; otherwise to remain in full force and effect. Provided, however: 1) That the consent of Surety shall be required for any extension of time to complete said improvements; 2) That no right of action shall accrue hereunder to or for the benefit of any person, firm or corporation other than the Obligee named herein. , 19-T-6-- . By INSURANCE S. Los Robles, Pasadena, CA. Address State of California County of Los Angeles ss. On this 9th day of January , I4�$ , before me personally came BARBARA BLUMER to me known, who being by me duly sworn, did depose and say: that he is Attorney(s)-in-Fact of Covenant Mutual Insurance Company, the Corporation described in and which executed the foregoing instrument; that he know(s) the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority granted to him in accordance with the By -Laws of the said Corporation, and that he signed his name thereto by like authority. 11111111111111111111111111111111111111111114111111111111111111411111111111111111111111111111111111111111N11 >,, OFFICIAL SEAL MARVA J. LYNG a44vA yu `i,l NOTP^Y -UEI IC C'.LIFORNIA '�3'rC-. •vy� FRYC:'!'L:7t !CE IN 9�aro (NG&ry b/IC) LCS ANGELES COUNTY My Commission Expires Sept. 29, 1980 INMIIIIW11Np114NIRINN11411111111111111111111111411414111I..".1111NI11111111NIIIM Cove��dlrt COVENT MUTUAL INSURANCE COMPANY • SUBDIVISION IMPROVEMENT BOND FAITHFUL PERFORMANCE (CALIFORNIA) Bond No. 006951 Initial Premium $ T2.00 KNOW ALL MEN BY THESE PRESENTS, That MM= PL= as Principal and the COVENANT MUTUAL INSURANCE COMPANY, a Corporation organized and existing under the laws of the State of Connecticut and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CVf (W BAN JUAN CAYIBlA W , as Obligee, in the sum of FM T20111111110 AND XOU ollars ($ M.ON 00 ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLICATION ISSUCH, That WHEREAS, the Principal on 19_ entered into a certain Agreement or Contract with the Obligee wherein the Principal agreed to complete the following improvements: t , ., a. re : ii:. as more fully set forth in said Agreement. NOW, THEREFORE, if the Principal shall well and truly perform and fulfill all of the covenants, terms and conditions of the said Agreement, then this obligation shall be null and void; otherwise to remain in full force and effect. Provided, however: 1) That the consent of Surety shall be required for any extension of time to complete said improvements; 2) That no right of action shall accrue hereunder to or for the benefit of any person, firm or corporation other than the Obligee named herein. (ft.e. ed in '19" . COVENANT ML ByrbWa 260 a, X" INSURANCE Address State of California County of Los Angeles ss. On this 9th day of January. 19� 8 , before me personally came to me known, who being by me duly sworn, did depose and say: that he is Attorney(s)-in-Fact of Covenant Mutual Insurance Company, the Corporation described in and which executed the foregoing instrument; that he know(s) the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority granted to him in accordance with the By -Laws of the said Corporation, and that he signed his name OFFICIAL SEAL e 1 ;. MARVFl J. LYNG /ya 9, NOTARY PUILI-' CRLIF^RNIA pP�^IC�Pt.LF IN o,ao (Not ry blit) .+� US A.P;G E! EG C"UNTY - _My Commission Expires Sept. 29, 1980 f P BOND FOR IMPROVEMC•TNTS (LABOR AND MATERIALS) Bonu NO. ^Y act No. Project WHEREAS, the City Council of the City of San Juan Capistrano, ountx Orange, State of California, and Mission Springs heretofore known as issiW s ce mailing address is 14841 Yorba St. Tustin Ca. 91180 -hereinafter designate as Principal, have entered into an agreement whereby Principal agrees to install and complete certain designated improvements, which said agreement dated , 19 and identified as (Subdivision Agreement for Tract No. 8485 (Project ) is hereby referred to and made a part hereof; and WHEREAS, Under the terms of said agreement, Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of San Juan Capistrano to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part�4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, said Principal and the undersigned as corporate Surety, are held firmly bound unto the City of San Juan Capistrano, and all con- tractors, s.:bcontractors, laborers, materialmen and other persons emplcyed in the performance of the aforesaid agreement and referred to in the afore- said Code of Civil Procedure in the sum of One hundred thirty two thousand seven hundret Dollars (5132,724.00 ), for materials furnished or labor the e: r, no/10l kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the Court, and to be taxed as costs and to be included in the judgment therein rendered. 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) 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 beco-.e 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, altaration or addition to the terms of the said agreement or the specifi- cations accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alt,2ration, or addition. IN NITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on November 5 , 19 79 PRINCIPAL Mission Springs/Mission Place By --____- ___---- SURETY Mutual Insurance Company Surety me) Ley or cy-in-fact Arthur J. C1 ment Jr. executed in duolicate NOTE:: Ot execution by Principals and Surety must be .It t.11-1:011. R.111.l mu::t Ilk' ;ittilch('d to Rul�divic:ion A(In•enumt.. State of California County of Los Angeles ss. On this 5th day of Nov mb r , 1929, before me personally came J. Clement, Jr. to me known, who being by me duly sworn, did depose and say: that he is Aftorney(s)-in-Fact of Covenant Mutual Insurance Company, the Corporation described in and which' -executed the foregoing instrument; that he know(s) the seal of said Corporation; that the seal affixed to said i rument.s such corporate seal; that i was so affixed by authority granted to him in accordance with the 4-1ws of the said C poration, and hat he igned his name thereto- by, tWw,aaf4or0 1 D ti c 9 S, A,:JcS FORNIA 3r� LO i COUNTY °° r (Notary Public) ( nrtyc , nF ,r -a? AGENDA ITEM November 28, 1979 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Acceptance of New Bonds and Release of Public Improvement Bonds, Tracts 7673, 8485 and 9382 Ortega Highway (Maurer) SITUATION Maurer -Elliott Construction Company is requesting that staff accept portions of the public improvements in the subject tracts. Staff recommends approving this request due to the growth management phasing of the tracts. The improvements to be accepted have been completed and accepted by inspection personnel. The process to release these bonds will include accepting new bonds to cover those improvements to be completed in the future. It should be clarified that the labor and material bonds are being released, but the performance bonds, insuring quality of materials and con- struction, will still be held. FINANCIAL CONSIDERATIONS The labor bonus to be released an%" accepted are tabulated below: Tract Release Bond No Accept Bond No. 7673 006245 $ 538,572 006245-A $ 80,000 8485 006248 663,624 006248-A 132,724 9382 006251 521,927 006251-A 156,000 ALTERNATE ACTIONS 1. Accept the improvements and release the existing bonds. 2. Do accept the improvements. 3. Refer the matter to staff for revision. RECOMMENDATION By resolution, determine that certain portions of the public improve- ments in Tracts 7673, 8485 and 9382 have been completed and declare the work to be accented; direct staff to file a Notice of Completion with the Orange County Recorder within ten days from date of acceptance. FOR CITY COUNCIL AGENDA Acceptance of Tracts 7673, Improvement Bonds 8485 & 9382 -2- NoOmber 28, 1979 By motion, require an extension of the faithful performance bond for the public improvements being accepted to November 28, 1980, and direct staff to accept new labor and material bonds for the work remaining to be completed in Tracts 7673, 8485 and 9382 and to release the existing labor and material bonds upon the expir- ation of thirty-five days from the date the Notice of Completion is filed. Respectfully submitted,W. D. Murp�Yh�'�y` WDM:GML/rem Encls. I v , *OLUTTO N NO. 79-11-28-1 CONPLr.T_IONd OF Vu: r,l C IMPROVI:,TNTS - T12AC9 S /673, 8d35 cued 9382--- A RESOLUTION OF Tali CITY COUNCIL OF T11E CITY OF - SAN JUAN CAPISTII`.`O, CALIFORNIA, DECLARING CERTAIN WORK TO BE COMPLi7TC:] AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUC97ON OF PUBLIC IMPROVEMENTS - TRACTS 7673, 8485 and 9382 WFIERF.AS, the City of. San Juan Capistrano has entered into an agreement with Mission Woods, Mission Place, and Belford Terrace for the construction of public improvements in Tracts 7673, 8485 and 9382; and, WHEREAS, the Director of Public works -has evaluated the final quantities and cost figures and recommends approval of certain public improvements exclusive of those listed in Exhibit "A" attached hereto and made a part of. 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. - SECTION 2. That the work is hereby accepted and approved. SECTION 3. It is further ordered that a "Notice of Com- pletion" be rocorded, on behr:If of. the City, in the office of the County Recorder of the County of Orange within ten (10) days of the date of this Resolution. PASSED, APPP.OVTD AND ADOPTED this 28th day of November , 1979 , by the following vote, to wit: AYES: Councilm,n Hausdorfer, Schwartae, Thorpe, and Mayor Friess NOES: None ABSENT: Councilman Buchheim KENNETf] F.. FRIESS, ^IAYOF2 , ATTEST: DIY CL}✓'tK ,/ ST21'§ OF CALIFORNIA ) COUI�i'il OF olunGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, MARY AtiN 11,�NOVPP, City Clerk of the City of San Juan Capistrano Cali forni a, .DO 11F `111 Y Cr.TIFY that; the foregoirig is a true and correct copy -'of Rcsolutil"in No. 79--1.1-28-1. adopted by the City _ - Council of the City of San Juan Capls4 ono, California at an adjourned c. regular meeting thereof held on the 28Lh__daY of___�Q¢iy�eL, L913_• MARY AN [j 1ANOVER, CITY CLf:f:K im EXHIBIT "rA" Improvements to be completed and accepted at a future date; Tract 7673 - Mission Woods Work Quantity 6" Y.C.C. Driveway 11,704 S.F. 4" P.C.C. Sidewalk 8, 930 S.F. Street lights 3 each Patch A.C. Paving 146,000 S.F. Seal A.C. Paving 146,000 S.F. Patch curb and gutter 4,190 L.F. Maintain landscaping -- - Repair storm damage -- Tract 8485 - Mission Place 6" P.C.C. Driveway 10,558 S.F. 4" P.C.C. Sidewalk 25,543 S.F. Street Lights 3 each Patch A.C. Paving 165,000 S.F. Seal A.C. Paving 165,000 S.F. Patch curb and gutter 10,000 L.F. Maintain landscaping -- Repair storm damage -- Tract 9382 - Belford Terrace 6" P.C.C. Driveway 6,152 S.F. 4" P.C.C. Sidewalk 9,335 S.F. Street Lights 3 each Patch streets 98,000 S.F. Seal streets 98,000 S.F. Patch curb and gutter .5,000 L.F. Landscaping 33.35 of total tract Irrigation 33.35 of total tract Landscape maintenance -- Repair storm damage -- 9 9 AGENDA ITEM November 28, 1979 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works 1 Ecl E`.:. of Gl"F10,ing Rends, Tracts -167.7, 84c-'5 and 9382, Ortega Highway (Maurer) SITUATION The developer has requested that the original Grading Bonds for the abovementioned tracts be released, contingent upon Council authorizing staff to accept the new Maintenance and Fine Grading Bonds as submitted. The bond amounts are as delineated on Exhibit I, attached. FINANCIAL CONSIDERATIONS There are no direct costs to the City seen in this action. ALTERNATE ACTIONS 1. Authorize staff to release the original Grading Bonds. 2. Do not authorize staff to release the original Gzading Bonds. 3. Refer to staff. RECOMMENDATION By motion, authorize staff to release the original Grading Bonds for Tracts 7673, 8485 and 9382. �Respectfully submitted, W. D. Murphy` WDM:JGG/rh Encl. EXHIBIT I GRADING BONDS, TRT:CTS 7673, 8485, 9382 1. Existing Grading Bonds Bonding Company: Covenant Mutual Insurance Company Tract Bond No. Amount 7673 006378 $355,070 8485 006379 379,789 9382 006380 530,885 2. New Maintenance and Fine Grading Bonds Bonding Company: Covenant Mutual Insurance Company Tract Bond No. Amount 7673 009099 $ 35,000 8485 009200 38,000 9382 009098 160,000 0 0 AGENDA ITEM November 28, 1979 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Acceptance of New Maintenance and Fine Grading Bonds, Tracts 7673, 8485 and 9382, Ortega Highway (Maurer) SITUATION The Building and Safety Division has inspected the above- mentioned tracts and finds that the stage of completion of the grading warrants a reduction in the amounts of the grading bonds for that work. Accordingly, the developer has submitted new Maintenance and Fine Grading Bonds in the amounts stipulated by the Director of Public Works. These amounts are tabulated on Exhibit I, attached. FINANCIAL CONSIDERATIONS There are no direct costs to the City seen in this action. ALTERNATE ACTIONS 1. Authorize staff to accept the new Maintenance and Fine Grading Bonds. 2. Do not authorize staff to accept the new Maintenance and Fine Grading Bonds. 3. Refer to staff. RECOMMENDATION By motion, authorize etaff to accept the new Maintenance and Fine Grading Bonds for Tracts 7673, 8485 and 9382, as shown on Exhibit I. Respectfully submitted, W. D. Murphy WDM:JGG/rh Encl. �. o (iii �; ...�� .�•a �., r� . ,r 0 Ll EXHIBIT I GRADING BONDS, TRACTS 7673, 8485, 9382 1. Existing Grading Bonds Bonding Company: Covenant Mutual Insurance Company Tract Bond No. Amount 7673 006378 $355,070 8485 006379 379,789 9382 006380 530,885 2. New Maintenance and Fine Grading Bonds Bonding Company: Covenant Mutual Insurance Company Tract Bond No. Amount 7673 009099 $ 35,000 8485 009200 38,000 9382 009098 160,000 AGENDA ITEM July 5, 1979 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Request for Reduction in Grading Surety Bonds, Tracts 7673, 8485, and 9382, Ortega Highway (Mauror/Elliott Construction Company) SITUATION The developer of the subject tracts (Maurer/Elliott) has requested that the City reduce the amount of the grading surety bonds. The rough grading has been completed and accepted by the City Inspector. Pine grading will be done following structure completion. Landscaping is not complete and erosion control and slope stability are not assure9. Bonding for Public Improvements is not to be reduced at this time. The bonds for these tracts are: Bond Amount Tract No. Bond No. Present Requested Bonding Company 7673 006373 $355,070 $11,850 Covenant Mutual Insurance Co. 8485 006379 $379,789 $11,100 Covenant Mutual Insuran:e Co. 9382 006380 $530,885 $ 91450 Covenant Mutual Insurance= Co. FINANCIAL CONSIDER ffIONS There is no cost or compensation to the City as a result of this ac Cion. ALTERNATE ACTIONS 1. Deny the request for reduction in the amount of the grading bonl.s with the condi ion that staff may refer this matter to the City Council at suck time as staff feels such action is appropriate. 2. Reduce the amoints of the subject grading bonds. 3. Request furthe,_ study by staff. RECOMMENDATION By motion, deny the request for reduction in the amount of the grading bonds with the condition that staff may refer this matter to the City Council at such time as staff feels such action is appropriate. Re spectfuI ly submitted, W. FQ Ci7Y(,UUt�GIt.F,GL-KDA o�;Jtir� WDM:NSC/tm Encl.s. V RECEIVED 0 CITY or- M M ro c a "v June 15, 1979 M r_ o m U CITY OF SAN JUAN CAPISTRANO ATTN: Mr. W. D. Murphy Director of Public Works N 32400 Pasee Adelanto a San Juan CaEistrano, CA v M RE: Gr.adiny Permit Surety Bonds Tract Pros. 7673, 84185, & 9382 Gentlemen: We request the current grading perK t bonds on the above named tracrE be reduced. All rough grading on these tracts has been completed and no danger or hazard to the subject properties or adjacent properties would occur as a result of this reduction. We feel the current bonds are an added unnecessary requirement at this time since the only work remaining is the final grading after the completion of the structures on each lot. Reduction would be to the amounts as follows: Tract No. 7673, Mission Woods, Bond No. 006378 Final grade 79 lots @ $150.00 each for a total. cost of eleven thousand eight hundred fifty dollars ($11,850.00). / J Tract No. 8485, Mission Place, Bond No. 006279 Final grade 79 lots @ $150.00 each for a total cost of eleven thousand one hundred dollars ($11.,100.00). Mr. W. D. Murphy June 15, 1979 Page 2 0 Tract No. 9382, Belford Terrace, Bond No. 006380 Final grade 63 lots @ $1.50.00 each for a total cost of nine thousand four hundred fifty dol -lays ($9,450.00). Your kind and careful consideration to reduce these grading bonds will be greatly appreciated. Yours very truly, MAURER/ELL10TT CONSTRUCTION CO. (ja7kLo a -i:' JL/sg 0 0 AYES: Councilmen Sweeney, McDowell, Friess, Nash and Mayor Heckscher NOES: None ABSENT: None APPROVAL OF WARRANTS (41) The List of Demands dated December 21, 1977, Warrants Nos. 12964 through 13042, inclusive, and 1911 Act Account Warrants Nos. 0216, 0217, and 0218, in the total amount of $406,573.31, are approved as submitted. 2. CITY TRFASURER'S REPORT OF INVESTMENTS AS OF NOVEMBER 3011977 (41) The City Treasurer's Report of Investments as of November 30, 1977, is approved as submitted. CITY TRFASITRER'S REPORT OF 1911 ACT BOND DELINQUENCIES AS OF NOVEMBER 30, 1977 (41) The City Treasurer's Report of 1911 Act Bond Delinquencies as of November 30, 1977, is approved as submitted. CITY TRIASURER'S REPORT OF FUND CASH BALANCES AS OF SEPTEMBER 30, 3977 (41) The City Treasurer's Summary Statement of Fund Cash Balances for the ten-month period ending September 30, 1977, is approved as submitted. 5. REPORT OF CULTURAL HERITAGE COMMISSION MEETING OF DECESIDER 6, 1977 (23) The Report of Actions taken by the Cultural Heritage Commission at its regular meeting of December 6, 1977, is ordered received and filed.. 6. APPROVAL OF FINAL NAP - TRACT 7673 SIAURER NEWCOMB) (85) The Final Map for Tract 7673 is approved with the determination that said map is consistent with the General Plan and in substantial compliance with the approved Tentative Map, said approval conditioned upon the City Engineer's receipt of fees and bonds, at which time the map will be executed by the City Engineer and City Clerk. A condition of the tract is that off-site improvements to Ortega highway be underway before building permits are issued; the developer has requested that receipt of fees and bonds be deferred and contingent upon issuance of encroachment permits by Caltrans. The Subdivision Agreement between the City and Maurer Development, 14841 Yorba Street, Tustin, 92G80, is approved, the Mayor is authorized to sign the Agreement on behalf of the City, and the City Clerk to attest thereto. 7. APPROVAL OF FINAL MAP TRACT 8485 NIAUHF.R CA{4ARD/ERRECARTE) (85) The Final Slap for Tract 8435 is approved with the determination that said map is consistent with the General Plan and in sub- stantial compliance with the approved Tentative Map, said approval conditioned upon the City Engineer's receipt of fees and bonds, at which time the map will be executed by the City Engineer and City Clerk. A condition of the tract is that off-site improvements to Ortega highway be underway before building permits are issued; the developer has requested that receipt of fees and bond, be deferred and contingent upon issuance of encroach- ment permits by Caltrnns. The Subdivision Agreement between the City "I'd Maurer Development, I18 -IL Yorba Street, Tustin, 92680, is approved. the Mayor is authorized to sign the Agreement on behal.i' of the City, and the City Clerk to attest. thereto. -10- 12/21/77 11 group COVENANT MUTUAL INSURANCE COMPANY SUBDIVISION IMPROVEMENT BOND LABOR AND MATERIAL (CALIFORNIA) • Bond No. 006248-B KNOWALL MENBY THESEPRESENTS, That Mission Place as Principal, and the COVENANT MUTUAL INSURANCE COMPANY, a Corporation organized and existing under the laws of the State of Connecticut and authorized totransact surety business in the State of California, as Surety, are held and firmly bound unto City of San Juan Cagi strano for the use and benefit of any and all persons entitled to file claim under Section 11612, Business and Professions Code of the State of California, in the sum of twenty1 ght Dollars ($ 128, sno - nn ), for the payment whereof, well and R d1Vfai Wt i6;J1n8 96AYy bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal entered into a certain Agreement or Contract with the Obligee, dated the day of 19_ , wherein the Principal has agreed to complete the following improvements: Subdivision Improvements, Tract No. 8485 as more fully set forth in said agreement. NOW, THEREFORE, if the Principal shall pay Contractor, his subcontractors, and persons renting equipment or fur- nishing labor and materials to them for the improvement then this obligation shall be null and void; otherwise, to remain in full force and effect. THE AGGREGATE LIABILITY of the Surety for any and all claims hereunder shall in no event exceed the sum specified in this bond. TIME FOR FILING SUIT on this bond shall be limited to six (6) months from date of completion of said improvements as "completion" is defined under applicable sections of the Civil Code of the State of California.,wl Signed and sealed this 12th day of Augirct , 19-.Q. Mission P1 Principal By Arthur J. lenient r. Attorne} ih-Fact c/o South Coas Surety Gel�e�al Agency Inc. 141 S- Lake Ave. #110 Pasadena, Ca. 91101 Address State of California County of Los Angeles ss. On This 12, day of August 19 80before me personally came Arthur J Clement, Jr. to me known, who being by me duly sworn, did depose and say: that he is Atforney(s)-in-Fad of Covenant Mutual Insurance Company, the Corporation described in and which e the for oing instrument; that he know(s) the Seel of said Corporation; that the Seel affixed To said i rumenf is such corp a+e seal; + tit s so affixed by 94fhgrlky.,,�ranted to him in accordance with the By -La s of the said C rporati n, nd that a si ne his name mni.uomun..np,mmun...i..in„ii,ninuvin,ni�i„ they+o.*1i a aut�on�y�FVICIA� SEAL - DIMITRA SCHMAUSS n NWi ,ry PUBLIC CALIFORNIA `\ PRINCIPAL OFFICE IN v� _ 10,5 ANGELES COUNTY = O (Notary Public) tv1Y Comm(,^cion FxC; res ApN1... 1982 / 0 0 COVENANT MUTUAL INSURANCE COMPANY Hartford, Connecticut POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That COVENANT MUTUAL INSURANCE COMPANY, a corporation of the State of Connecticut, does hereby make, constitute and appoint Arthur J. Clement Jr. its true and lawful Attorney (s1 -in -F act, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recog- nizances, consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof in an unlimited amount. and to bind COVENANT MUTUAL INSURANCE COMPANY thereby, and all of the acts of said Attorney (s) -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following provisions of.section 12 of the by-laws of the Company, which are now in full force and effect: From time to time the board may impose such additional duties and confer such further authority upon any or all of the officers as it may in its discretion determine including, without limitation or characterization, authority to execute by facsimile signature or facsimile signatures, and deliver or cause or authorize any duly appointed agent to deliver in the name and behalf of the corporation any policy, contract, bond, undertaking, consent of surety, recognizance, general or special power of attorney, certification, attestation, or other instru- ment, all with or without the seal of the corporation, but if under seal to evidence such seal by physical im- pression or by facsimile or by any other appropriate method. This power of attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Directors of COVENANT MUTUAL INSURANCE COMPANY at a meeting duly called and held on March 12, 1973: RESOLVED: That any bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when signed by the President or any Senior Vice President or Vice President and duly attested and sealed, if a seal is required, by any Secretary or Assistant Secretary or when signed by the President or any Senior Vice President or Vice President and countersigned and sealed, if aseal is required, by a duly authorized attorney-in-fact or agent; and any such bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when duly executed and sealed, if a seal is required, by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority granted by his or their power or powers of attorney. FURTHER RESOLVED: That the signature of any officer authorized by the by-laws and the Company seat may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature there- of; such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, COVENANT MUTUAL INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March, 1973. Attest: Assistant Secretary STATE OF CONNECTICUT ss: COUNTY OF HARTFORD COVENANT MUTUAL INSURANCE COMPANY By 1 . Vice PfesidiAk On this 22nd day of March in the year 1973 befnre , e perscna°y czmc Franc's W. "alfrey, Jr., and James E. Witkins to me known, who being by me duly sworn, did depose and say; that they reside in the State of Connecticut; that they are respectively Vice President and Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY, the corporation described in and which executed the above instrument; that they know the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of their office under the by-laws of said corporation, and that they signed theirnamesthereto by like authority. i `.. l► 07 ♦r ;>; NourV Punic i W : ••• : n ; My commission expires March 31, 1978 ^O+Nt«�t`!�. `• CERTIFICATION I, Vera C. Spitko, Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY certify that the foregoing power of attorney, the above -quoted provis;ons of Section 12 of the by-laws and the resolutions of the Board of Directors of March 12, 1973 have not been abridged or revoked and are now in full force and effect. Signed and sealed at Hartford, Connecticut, this 12th day of August 19 SO Assistant Secre y COUNTY OF ORANGE ENVIRONMENTAL MANAGEMENT AGENCY Bond No. 006379 REGULATION Premium $6836.00 BUILDING AND SAFETY GRADING PERMIT SURETY BOND Cry ,c. KNOW ALL MEN BY THESE PRESENTS: That MISSION PLACE as Principal, and COVENANT MUTUAL INSURANCE COMPANY, a corporation organized and existing under the laws of the Stateof CONNECTICUT and duly authorized to transact a surety business C"rh� tlJri �l jf b,��st$p, "It e-�I J,{�,�,ti41L_F mly bound unto the County of Orange in the just and full sum of ton rn rn t., N, nc A unn"�lt /1 DOLLARS, for the payment of which, well and truly to be made, said Principal and Surety bind themselves, their heirs, 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 NO. 8485, CITY OF SAN JUAN CAPISTRANO and WHEREAS, the estimated cost of the work authorized by the permit is X379,789.00 , 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 b. 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 WITNESS WHEREOF, the said Principal and said Surety have caused these presents to be duly signed and sealed this 6th day of FEBRUARY , 19]a_ - MISSION PLACE principal By 7'1? By COVENANT MUTUAL INSURANCE COMPANY zsu",� Harold R. SMi ,Afi.ifiey-inn-Faac`ct ® F0250-250 (Executed in Triplicate) State of California County of Los Angeles ss. On this 6th day of FEBRUARY. 19 �$ before me personally came HAROLD R. SMITH to me known, who being by me duly sworn, did depose and say: that he is Attorney(s)-in-Facf of Covenant Mutual Insurance Company, the Corporation described in and which executed the foregoing instrument; that he knows) the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority granted to him in accordance with the By -Laws of the said Corporation, and that he signed his name thereto b like authority. 1111„1111'rl",rrrlllr�..�':::':.1::,::"±I'::':'::I:•nl.••...rrr•...l,it'n'r:l'Irir:,ll:RUp11W4 n d !NIA q„a (Notary Public) My' C,:mrnl=s;cn��::.::.=c S2 29,x1980 0 • COVENANT MUTUAL INSURANCE COMPANY Hartford, Connecticut POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: ThatCOVENANT MUTUAL INSURANCE COMPANY, a corporation of the State of Connecticut, does hereby make, Constitute and appoint HAROLD R. SMITH its true and lawful Attorney lsl-in-Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recog- nizances, consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligapons in the nature thereof in an unlimited amount. and to bind COVENANT MUTUAL INSURANCE COMPANY thereby, and all of the acts of sato A;torrley(s)•in-Foci, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following provisions of sectign 1,; of the by-laws of the Company, which are now in full force and effect: From time to time the board may impose such additional duties and confer such further authority upon any or all of the officers as it may in its discretion determine including, without limitation or characterization, authority to execute by facsimile signature or facsimile signatures, and deliver or cause or authorize any duly appointed agent to deliver in the name and behalf of the corporation any policy, contract, bond, undertaking, consent of surety, recognizance, general or special power of attorney, certification, attestation, or other instru- ment, all with or without the seal of the corporation, but if under seal to evidence auch seal by physical im- pression or by facsimile or by any other appropriate method. This power of attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Directors of COVENANT MUTUAL INSURANCE COMPANY at a meeting duly called and hold on March 12, 1973: RESOLVED: That any bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when signed by the President or any Senior Vice President or Vice President and duly attested and sealed, if a seal is required, by any Secretary or Assistant Secretary or when signed by the President or any Senior Vice President or Vice President and countersigned and sealed, if a seal is required, by a duly authorized attorney-in-fact or agent; and any such bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when duly executed and sealed, if a seal is required, by one or more attorneys -in -fact or agents pursuant ;Q and within the limits of the authority granted by his or their power or powers of attorney. FURTHER RESOLVED: That the signature of any officer authorized by the by-laws and the Co pany seal may be affixed by facsimile to any power of attorney or special power of attorney or certificatio of either given for the execution of any bond, undertaking, recognizance or other written obligation in the na ure there- of; such signature and seal, when so used being hereby adopted by the Company as the on all si nature of such officer and the original seal of the Company, to be valid and binding upon the Compo�imy wi the same force and off act as though manually affixed. IN WITNESS WHEREOF, COVENANT MUTUAL INSURANCE COMPANY has caused these presents to be figned by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March, 1970. b., Attest: I Assistant Secretary STATE OF CONNECTICUT ss: COUNTY OF HARTFORD COVENANT MUTUAL INSURANCE COMPANY By ce Flesid t On this 22nd day of March in the year 1973 before me personally came Francis W. Palfrey, Jr., and James E. Witkins to me known, who being by me duly sworn, did depose and say; that they reside in the State of Connecticut; that they are respectively Vice President and Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY, the corporation described in and which executed the above instrument; that they know the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of their office under the by-laws of said corporation, and that they signed their names thereto by like authority. .MOT,a�r i'; / Notary Public w .. • My commission expires March 31,.1078 to 4L►�, i o•.........• �Iyscssc�,,:''r CERTIFICATION I, Vera C. Spitko, Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY certify that the foregoing power of attorney, the above -quoted provisions of Section 12 of the by-laws and the resolutions of the Board of Directors of March 12, 1973 have not been abridged or revoked and are now in full force and Affect. Signed and sealed at Hartford, Connecticut, this 6th day of FEBRUARY 1978. Assistant Secretiffn t COVENANT MUTUAL INSURANCE COMPANY 0 group HARTFORD, CONNECTICUT � SURETY RIDER To be attached to and form a part of Bond No. executed by Mission Mace as Principal and by COVENANT MUTUAL INSURANCE COMPANY, as Surety, in favor of City of San Juan Capistrano and effec- tive as of __ January 9, 1978 In consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing The Penal sum of the Faithful Performance Bond From: Six hundred sixty three thousand six hundred twenty four & no/100 dollars ($663,624.00) To: One hundred twenty eight thousand five hundred & no/100 dollars ($128,500.00) Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein ex- a pressly stated. This rider is effective on the 9th day of January 19 81 Accepted: Mission Place CC By Art State of California ss. County of Los Angeles On this 9th January Ig81 day of ,before me personally coma Arthur I to me known, who being by me duly sworn, did depose and say Insurance Company, the Corporation described in and which e the seal of said Corporation; that the seal affixed t by authority granted to him in accordance with the thereto by like authority. Emyt OFFI^IAL SEAL HARMET �sKITNTR Cmisoo Expires ADr. 27 1988 .h: y that he is Attorney(s)of Covenant Mutual xecuted the foregoing instrument; that he know(s) said instrument is such corporate seal; that it was so affixed By -Laws of the said rporatiio�n, and that he signed his name oa p (Notary Public) State of California County of Los Angeles ss. On this 9th day of January , 19 78, before me personally came BARBARA BLUMER to me known, who being by me duly sworn, did depose and say: that he is Attorney(s) -in-Fact of Covenant Mutual Insurance Company, the Corporation described in and which executed the foregoing instrument; that he know(s) the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by au♦tho{�rityI Igranted to him in accordance with the By -Laws of the said Corporation, and that he signed his name IIIMIIIIIIIAIIII�IIIxIxIII�nOR,>a,,,,MEher tx,,,,,,,,,,,,,,,,,,,,,JON OFFICIAL SEAL MARV.4 J. LY Y NOTARY PUOLIC CALIFO PRINCIPA_ GFFICC �°� (NO ry P x61;c) LOS ANGELES COUi1swon Expires Sept 29 I COVENANT MUTUAL INSURANCE COMPANYRta, group F � SUBDIVISION IMPROVEMENT BOND Bond No. 006248 FAITHFUL PERFORMANCE (CALIFORNIA) Initial Premium $11,945.00 KNOWALLMENBYTHESEPRESENTS,That MISSION PLACE as Principal and the COVENANT MUTUAL INSURANCE COMPANY, a Corporation organized and existing under the laws of the State of Connecticut and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CITY OFFS ,CAPISTRANO as Obligee, in the sum of Six Hun,rc e , Si y nee ousar; Dollars ($ 663.624.00 ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATIONIS SUCH, That WHEREAS, the Principal on 19 entered into a certain Agreement or Contract with the Obligee wherein the Principal agreed to complete the following improvements: SUBDIVISION DIPROVEIENTS, TRACT NO. 8485• as more fully set forth in said Agreement. NOW, THEREFORE, if the Principal shall well and truly perform and fulfill all of the covenants, terms and conditions of the said Agreement, then this obligation shall be null and void; otherwise to remain in full force and effect. Provided, however: 1) That the consent of Surety shall be required for any extension of time to complete said improvements; 2) That no right of action shall accrue hereunder to or for the benefit of any person, firm or corporation other than the Obligee named herein. Signed, sealed and dated JANUARY 9 197 . (Executed in Triplicate) COVENANT MUTUAL INSURANCE By Barbara Blumer, Attorney -in -Fact 260 S.Los Robles, Pasadena CA.91101 Address COVENANT MUTUAL INSURANCE COMPANY HartMrd, Connecticut POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That COVENANT MUTUAL INSURANCE COMPANY, a corporation of the State of Connecticut, does hereby make, constitute and appoint BARBARA BLUMER its true and lawful Attorney (s) -in -Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recog- nizances, consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof in an unlimited amount. and to bind COVENANT MUTUAL INSURANCE COMPANY thereby, and all of the acts of said Attorneylsl-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following provisions of section 12 of the by-laws of the Company, which are now In full force and effect; From time to time the board may impose such additional duties and confer such further authority upon any or all of the officers as it may in its discretion determine including, without limitation or characterization, authority to execute by facsimile signature or facsimile signatures, and deliver or cause or authorize any duly appointed agent to deliver in the name and behalf of the corporation any policy, contract, bond, undertaking, consent of surety, recognizance, general or special power of attorney, certification, attestation, or other instru- ment, all with or without the seal of the corporation, but if under seal to evidence such seal by physical im- pression or by facsimile or by any other appropriate method. This power of attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Directors of COVENANT MUTUAL INSURANCE COMPANY at a meeting duly called and held on March 12, 1973: RESOLVED: That any bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when signed by the President or any Senior Vice President or Vice President and duly attested and sealed, if a seal is required, by any Secretary or Assistant Secretary or when signed by the President or any Senior Vice President or Vice President and countersigned and sealed, if a seal isrequired, by a duly authorized attorney-in-fact or agent; and any such bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when duly executed and sealed, if a seal is required, by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority granted by his or their power or powers of attorney. FURTHER RESOLVED: That the signature of any officer authorized by the by-laws and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature there- of; such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, COVENANT MUTUAL INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March, 1973. Attest f 11 f Assistant Secretary STATE OF CONNECTICUT ss: COUNTY OF HARTFORD COVENANT MUTUAL INSURANCE COMPANY By� Vice PresidtAt On this 22nd day of March in the year 1973 before me personally came Francis W. Palfrey, Jr., and James E. Witkins to me known, who being by me duly sworn, did depose and say; that they reside in the State of Connecticut; that they are respectively Vice President and Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY, the corporation described in and which executed the above, instrument; that they know the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of their office under the by-laws of said corporation, and that they signed their names thereto by like authority. .,�• / +.f..'":..,ffv('1 / • ?+,..L i / Notary Public w i �r n My commission expires March 31, 1978 .,, a •• : e :; e•,.......•� F °eeussc�:• CERTIFICATION I, Vera C. Spitko, Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY certify that the foregoing power of attorney, the above -quoted provisions of Section 12 of the by-laws and the resolutions of the Board of Directors of March 12, 1973 have not been abridged or revoked and are now in full force and effect. Signed and sealed at Hartford, Connecticut, this 9th day of JANUARY 1978. (/•••sit Q. G Z� Assistant Secre State of California County of Los Angeles $s. On this 9th day of January , 1978, before me personally came BARBARA BLUMER to me known, who being by me duly sworn, did depose and say: that he is Attorneys) -in -Fact of Covenant Mutual Insurance Company, the Corporation described in and which executed the foregoing instrument; that he know(s) the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority granted to him in accordance with the By -Laws of the said Corporation, and that he signed his name thereto by like authority. OFFICIAL SEAL MARVA J. LYNG r f112iUtL �• '-� NCTP.R<' raa! I: C I TERNIA —� OS fNi3RL UFFILC IN O (No ry blic) LOS ENCELCS G^.LINTY Commlulon Expires Sent 29, 7980 0 0 COVENANT MUTUAL INSURANCE COMPANY Hartford, Connecticut POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That COVENANT MUTUAL INSURANCE COMPANY, a corporation of the State of Connecticut, does hereby make, constitute and appoint BARBARA BLUMER its true and lawful Attorney Is) - in -Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recog- nizances, consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof in an unlimited amount. and to bind COVENANT MUTUAL INSURANCE COMPANY thereby, and all of the acts of said Attornsy(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following provisions of section 12 of the by-laws of the Company, which are now in full force and effect: From time to time the board may impose such additional duties and confer such further authority upon any or all of the officers as it may in its discretion determine including, without limitation or characterization, authority to execute by facsimile signature or facsimile signatures, and deliver or cause or authorize any duly appointed agent to deliver in the name and behalf of the corporation any policy, contract, bond, undertaking, consent of surety, recognizance, general or special power of attorney, certification, attestation, or other instru- ment, all with or without the seal of the corporation, but if under seal to evidence such seal by physical im- pression or by facsimile or by any other appropriate method. This power of attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Directors of COVENANT MUTUAL INSURANCE COMPANY at a meeting duly called and held on March 12, 1973: RESOLVED: Thatany bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when signed by the President or any Senior Vice President or Vice President and duly attested and sealed, if a seal is required, by any Secretary or Assistant Secretary or when signed by the President or any Senior Vice President or Vice President and countersigned and sealed, if a seal is required, by a duly authorized attorney-in-fact or agent; and any such bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when duly executed and sealed, if a seal is required, by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority granted by his or their power or powers of attorney. FURTHER RESOLVED: That the signature of any officer authorized by the by-laws and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature there, of; such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, COVENANT MUTUAL INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March, 1973. Attest::O L•� Assistant Secretary STATE OF CONNECTICUT u: COUNTY OF HARTFORD COVENANT MUTUAL INSURANCE COMPANY By Vice Presid t On this 22nd day of March in the year 1973 before me personally came Francis W. Palfrey, Jr., and James E. Witkinsto me known, who being by me duly sworn, did depose and say; that they reside in the State of Connecticut; that they are respectively Vice President and Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY, the corporation described in and which executed the above ,instrument; that they know the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of their office under the by-laws of said corporation, and that they signed their names thereto by like authority. /.. • 31: � NourV Public W ; : :0i My commission expires March 31, 1978 wee•de ....i I�? CERTIFICATION 1, Vera C. Spitko, Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY certify that the foregoing power of attorney, the above -quoted provisions of Section 12 of the by-laws and the resolutions of the Board of Directors of March 12, 1973 have not been abridged or revoked and are now in full fora and effect. Signedand salad at Hartford, Connecticut, this 9th day of JANUARY 1978 AssistatAt Secratory • genua COVENANT MUTUAL INSURANCE COMPANY Bond No. 006248 SUBDIVISION IMPROVEMENT BOND LABOR AND MATERIAL (CALIFORNIA) KNOWALL MEN BYTHESE PRESENTS, That MISSION PLACE as Principal, and the COVENANT MUTUAL INSURANCE COMPANY, a Corporation organized and existing under the laws of the State of Connecticut and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CITY 0'F SAN JUAN C PISTRANO for the use and benefit of any and allersons entitled to file claim under Section 11612, Business and Professions Code of the State of California, in the sum of Six Hundred Six -t4 Three�l (g 663,624.00 ), for the payment whereof, well and truly to be made,�said rmcipal an uret in themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH Contract with the Obligee, dated the agreed to complete the following improvements: That WHEREAS, the Principal entered into a certain Agreement or day of 19_- , wherein the Principal has SUBDIVISION IMPROVEM'SEPS, TRACT NO. 8485. as more fully set forth in said agreement. NOW, THEREFORE, if the Principal shall pay Contractor, his subcontractors, and persons renting equipment or fur- nishing labor and materials to them for the improvement then this obligation shall be null and void; otherwise, to remain in full force and effect. THEAGGREGATE LIABILITY of the Surety for any and all claims hereunder shall in no event exceed the sum specified in this bond. TIME FOR FILING SUIT on this bond shall be limited to six (6) months from date of completion of said improvements as "completion" is defined under applicable sections of the Civil Code of the State of California. Signed and sealed this 9th day of JANUARY '1978 _. COVE�NyANT MUTU /L INSURANCE C l'ANY Princi al By i l d I� r.i/1-� / 3 �/ Barbara Blumer, Attorney -in -Fact 260 S. Los Robles, Pasadena. CA. 91101 Address CExecuted in Triplj,cate) GP.N JL ', ?1_;i !,452675 PHO N! 4. a 1171 December 7, 1979 Maurer-Y,lliott Construction Company 14841 lorba Street Tustin, California 92.680 Re: Tracts 7673, 8485 and 9382. Gentlemen: By the adoption of the enclosed Resolution No. 79-11-28-1, on Novenber 28th, the Citv Council declared certain public improve- ments to be complete for tracts 7673, 8485 and 9382. The action included release and acceptance of the following bonds from Covenant Mutual Insurance for public improvements: Tract Release Bond No. Acce t Bond No. 7673 006245 - $538,572 006245-A - $ 80,000 8485 006248 - 663,624 006248-A - 132,724 9382 006251 - 521,927 006251-A - 156,000 The Notices of Completion for the three tracts has been forwarded to the Orange County Recorders office. The bond releases for the public improvements will be effective upon the expiration of 35 days from recording.o.f- the Notices. When the Notices are returned, we will notify you of the release dates. The Council also took action to release and accept the follow.ing grading bonds from Covenant Mutual Insurance for Tracts 7673, 8485 and 9382: Tract Release Bond No. Accept Bond No. 7673 006378 - $355,070 009099 - $ 35,000 8485 006379 - 379,789 009200 - 38,000 9382 006380 -- 530,885 009098 - 160,000 0 0 Maurer -Elliott Construction Company -2- December 7, 1979 If you have any questions, please do not hesitate to call. MAH/cj Enclosure cc: Director of Public Works Very truly yours, (MRS) MAfZY ANN HANOVER City Clerk 4 M SAN October 5, 1984 Mr. Robert Maurer Maurer Elliott Construction Company 14201 Chambers Road Tustin, California 92680 Re: Tract 8485 - Mission Spring Dear Bob: At the request of Maurer Elliott Construction Company and as directed by City Council Resolution, the City of San Juan Capistrano releases the following Surety held for faithful performance over Tract 8485: Bond # Amount Company Purpose 006248 $12$,500 Covenant Mutual Ins.1 Co. Faithful Performance If you have further questions or need additional information do not hesitate to contact me. Very truly yours, CITY OF SAN JUAN CAPISTRANO G. . M. ehnes Jr. City Engineer GML/CMB: oI attachment xc: City Clerk S3 0 • ME31ORANDUM August 5, 1981 TO: Cathleen A. DuCoing, Records Coordinator FROM: George M. Lohnes, Jr., City Engineer SUBJECT: Release of Surety; Tracts 7673 and 9382 (Maurer/Elliott) SITUATION: The developer of the subject tracts has requested that the following surety be released: Tract 7673 Surety Number Amount Company Purpose Bond 6245-B $28,500 Covenant Mutual Labor & Materials Bond 6245(Rider) $50,000 Covenant Mutual Faithful Performance TRACT 9382 Surety Number Amount Company Purpose Bond 6251-B $36,000 Covenant Mutual Labor & Materials Bond 6251(Rider) $50,000 Covenant Mutual Faithful Performance The City Council accepted the public improvements at their meeting of August 20, 1980 and authorized staff to release the surety after successful completion of a one year maintenance period. This period will be complete after August 20, 1981. This office, therefore, authorizes the release of the aforesaid surety after August 20, 1981. This office has not re]eaGedh held for Tract 8485 (Mission SDrinas). Please contact me if you have any further questions. ��. ��.t14 ; '-19 G. hI. Lohnes NO C>b E �1-f - F. P. GML: CMB/nep =: , t' 1, 0 'J2<00 PA EO ADELANT0 ' SAN JUAN CAPISTRANO. CALIFORNIA 92675 HONE 49]-1171 � i January 29, 1981 Mr. Robert E. Maurer Maurer/Elliott Construction Company 14841 Yorba Street Tustin, California 92680 Subject: Acceptance of Reduction of Surety - Tracts 7673, 8485 and 9382 Dear Mr. Maurer: At their meeting of January 20, 1981, the City Council considered your request for reduction in the amount of bonds currently on file with the City. Your request was approved by unanimous vote of the City Council; staff was authorized to release the current bonds and accept the replacement bonds. A copy of page 8 of the Council meeting of January 20th is enclosed for your information. If you have any questions please don't hesitate to call. Very truly yours, Mary Ann Hanover City Clerk MAH:ol Enclosure cc: Director of Public works MEMORANDUM September 29, 1980 TO: File 85, Tracts 7673, 8485 and 9382 (Maurer) FROM: Cheryl SUBJECT: Bonding Company Bonds submitted to the City by the Maurer/Elliott Company are from Covenant Mutual Insurance Company. I talked to Elliott Construction Company this date and was informed that Covenant Mutual Insurance Company has relocated their offices to: 6150 Canoga Avenue Woodland hills, CA 91367 I was also informed that correspondence regarding bonds should be sent to: South Coast Surety 141 South Lake Street, No. 110 Pasadena, CA 91101 0 E MEMORANDUM August 25, 1980 TO: Cathy DuCoing, Records Coordinator FROM: Marty Bryant, Principal Engineering Aide SUBJECT: Improvement Bonds; Tracts 7673, 8_ 4-5 and 9382 (Maurer -Elliott) The following replacement bonds have been received for the subject tracts: Tract Number Amount Company Purpose 7673 006245B $28,500 Covenant Mutual Labor & Materials 0062488 '$128,500 11 x/8485 9382 006251B $36,000 " " " " �r CMB Attachments 0 0 AIME DEM IT MUM ET December 15, 1977 Mr. Bill Murphy CITY OF SAN JUAI4 CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, California f��CEf'dE.D ou 3s 8 Q? h" 4?7 RE: Execution and conditional delivery of Subdivision Agreements for Tracts No. 8485, 7673 and 9382 Dear Sir: CIT Y+:F Sx� The enclosed executed Subdivision Agreements for Tracts 8485, 7673 and 9382 are delivered to you on the condition that none of the obligations im- posed upon subdivider in the agreements will be effective unless the final map .is recorded. 11 Very truly yours, REM: bjs 114841 YOROA STREET/ TUSTIN. CALIFORNIA 92680/ (714( $448390 • LICENSE 9 • 1 269901 t