1973-0501_MCMICHAEL COMPANY, THE_AgreementA (a R L L M L N T
THIS AGREEMENT, made and entered into this lstday of May ,
1973 by and between�W AV lyx:001A,L �•� hereinafter designated
as SUBDIVIDER and the CITY OF SAN JUAN'CAPISTRANO, a body politic of the
State of California, hereinafter designated as CITY:
W I T N E S S E T H:
WHEREAS, the SUBDIVIDER has prepared and offered for acceptance by
the CITY a final map of Tract No. 7912 in the City of San Juan Capistrano,
County of Orange, and
WHEREAS, the SUBDIVIDER as a condition of approval of said map by <the
CITY, is required to construct or agree to construct certain improvements,
and
WHEREAS, the installation of the public streets, sewers, storm drain,
street lighting facilities as shown on the Plans in connection with the
improvements for said Tract No. 7912 will fulfill the requirements;
NOW, THEREFORE, IT IS AGREED by and between the parties hereto as
follows:
In consideration of the approval of said final map by the CITY, the
SUBDIVIDER agrees:
1. That the SUBDIVIDER will at the sole cost and expense of the
SUBDIVIDER construct and install all of the public facilities shown and
delineated upon the "plans for Street Improvements including Street
Lighting System, Domestic Water System and Sanitary Sewers of Tract NO.
7912" on file in the office of the City Clerk of the City of San Juan
Capistrano; said "Plans for Street Improvements including Street Lighting
System, Domestic Water System and Sanitary Sewers of Tract No. 7912' are
hereby referred to and made a part of this Agreement as though fully set
forth herein.
2. To secure the faithful performance of this Agreement, the SUB-
DIVIDER agrees to furnish to the CITY a good and sufficient bond executed
by a corporation authorized to transact surety business in the State of
California in the sum of Three hundred seventy six thousand eight
hundred dollars said bond to be approved by the CITY.
3. It is mutually agreed that the work herein required to be done
by the SUBDIVIDER shall on the written request of the SUBDIVIDER made to
the City Engineer be inspected by him and if found to be in order, accepted
as it progresses. In such case the SUBDIVIDER shall be entitled to a
partial refund of money deposited to secure faithful performance, in a sum
in the same ratio to the total money deposited as the work accepted bears
to the total work to be done, provided that the CITY'S Engineer has first
certified to the City Council the amount of work completed and to be
accepted and the amount of partial refund to which the SUBDIVIDER is
entitled and the City Council approves such refund and further provided
that no refund in excess of Eighty-five percent (86%) of the total amount
of the original deposit shall be made until all of the work is completed
and accepted.
4. The SUBDIVIDER agrees to commence the construction and instal-
lation of said improvements within 180 days from the approval of said
map by the CITY and shall complete said work within 365 days from the
date of said approval.
This agreement is entered into pursuant to the provisions of Div. 4,
Pt. 2, Ch. 2, Art. 9 of the Business and Professions Code of the State of
California.
IN WITNESS WHEREOF, Saddleback Capistrano, a limited partnership
i
has executed these presents as the SUBDIVIDER, and the CITY OF SAN JUAN
CAPISTRANO has caused these presents to be executed by the Mayor of the
City Council and attested by the City Clerk and ex -officio Clerk of the
City Council, as the CITY, the day and year in this instrument first
above written.
ATTEST:
Wanda E. Anderson, City Clerk and
ex -officio Clerk
Saddleback Capistrano,
A limite4 partnership
by jThe-\McMi hail qo--.,l Inc.(Qeu.
CITf�BAN JTMIST A 0
By:
r
tner7
CORPORATE ACKNOWLEDGMENT
STATE OF California
as.:
COUNTY OF Orange
On this 1St day of May 19 73 , before me personally appeared
, to me known to be the
Prccirden+ and Rohar+ M f roc a to e kAGWA + be the Secretary of
1HF, MTCHAFI CO I TNT`
the corporation executing the above instrument, and acknowledged said instrument to be the free and voluntary act and deed of said
corporation, for the uses and purposes therein mentioned and on oath stated that the seal affixed is the seal of said corporation and
that it was affixed and that_t hey—executed said instrument by order of the Board of Directors of said corporation.
INr �tyt�s�t iY hand and affixed my OFFICIAL SEAL the day and year first above written.
MARY A. JENNY
,��_`� NOTARY PUBLIC - CALIFORNIA`
PRINCIPAL OFFICE IN
ORANGE COUNTY
O[fKAt SaWh6k..abl.a k..br A.,, 12, Mf Notary Public, residing at
s_ss��'^��^'"" - ' (Commission expires )
CORPORATE ACKNOWLEDGMENT
STATE OF California
ss.:
COUNTY OF 1range
On this 1st day of
191n , before me personally appeared
to me known to be the
President and Rnhart M- Crnssr to me known to ha tha Serretmry
of THF MrMTr..HAFI rf1_ TNC-
the corporation executing the above instrument, and acknowledged said instrument to be the free and voluntary act and deed of said
corporation, for the uses and purposes therein mentioned and on oath stated that the seal affixed is the seal of said corporation and
that it was affixed and that 4- ht:y.�executed said instrument by order of the Board of Directors of said corporation.
IN WITN / pc*II�and affixed my OFFICIAL SEAL the day and year first above written.
MARY A. JENNY
NOTARY PUBLIC -CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY <
OFFI96AlEl.L MY Lomminion Espin. Aug. 12, 1973 Notary Public. residing at
"03 12/ 2 NNw (Commission expires )
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
NAME
STREET
ADDRESS
CITY
STATE
ZIP
L— J
SAFECO INSURANCE COMPANIES
SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
FIRST NATIONAL INSURANCE COMPANY OF AMERICA
HOME OFFICE. 4347 BROOKLYN AVE. N.E.. SEATTLE, WASHINGTON 981%
SUBDIVISION IMPROVEMENT BOND
FAITHFUL PERFORMANCE (CALIFORNIA)
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Executed in Triplicate
Bond No.' 2-208777
Initial Premium $ 5,652-00
KNOW ALL MEN BY THESE PRESENTS, That SADDLEBACK CAPISTRANO. a Limited Partnership_
as Principal and the
SAFECO INSURANCE COMPANY OF AMERICA, a Corporation organized and existing under the laws of the State of
Washington and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto
CITY OF SAN JUAN AP T ,as Obligee,
inthesumof HUNUR D SEVE Y SIX THOUSAND EIGHT Dollars ($ ),
for the payment whereof, well and truly to b , �lilMcipAtaMurety bind themselves , their h��eirs, administrators,
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATIONIS SUCH, That WHEREAS, the Principal on MAY 1 S t
19-3entered into a certain Agreement or Contract with the Obligee wherein the Principal agreed to complete the
following improvements:
STREET IMPROVEMENTS, STREET LIGHTING AND SANITARY SEWERS
FOR TRACT No. 7912 IN THE CITY OF SAN JUAN CAPISTRANO,
ORANGE COUNTY, CALIFORNIA
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 MAY 1st 19Ja .
SADDLEBACK CAPISTRANO, a limited.partnership
Principal
STATE OF CALIFORNIA
SAFECO0oCj}1�7(1�4 OF RIC.
Francis G. Jarvis . Attorney -in -Fill'
PO RDx 8387, Fountain Valley -
y California 92708 Address
ACKNOWLEDGMENT BY SURETY
County of Orange T ss.
On this 1st day of _y J Ma1973 before me, Mary A- jenny
a notary public in and for the State of California with principal office in the County of ;8i:�
residing therein, duly commissioned and sworn, personally appeared t",.,a Franci C r - t
known to me to be the attorney -in fact of Safeco Insurance Company of America, the corporation that executed the
within instrument, and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County,
the islaiu3vctftritten.
MARY A. JENNY
NOTARY PUBLIC :'_ .AFORNIA
PRINCIPAL J...;;E IN
Of'� IAL SEAL My Commiumn Eupora Aug. 12, 1973
5.821 R3 ] 7B.y .X19.*A*4H
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
NAME
STREET
ADDRESS
CITY
STATE
ZIP
I— J
SAFECO INSURANCE COMPANIES
SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
FIRST NATIONAL INSURANCE COMPANY OF AMERICA
HOME OFFICE: 43L7 BROOKLYN AVE. N.E.. SEATTLE. WASHINGTON 98105
SUBDIVISION IMPROVEMENT BOND
FAITHFUL PERFORMANCE (CALIFORNIA)
SPACE ABOVE THIS LINE FOR RECORDER'$ USE
Executed in Triplicate
Bond No. 2-208728
Initial Premium $ 45.00
KNOWALL MEN BYTHESE PRESEIM,That SADDLEBACK CAPISTRANO, a Limited Partnership
as Principal and the
SAFECO INSURANCE COMPANY OF AMERICA, a Corporation organized and existing under the laws of the State of
Washington and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto
CITY OF cnN NIAN raoTSTOANO ,as Obligee,
inthesumu
of **Tuocr Tnllcen Nn AND Nnttnn ______________ Dollars($
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 MAY 1 c t
1913 entered into a certain Agreement or Contract with the Obligee wherein the Principal agreed to complete the
following improvements:
MONUMENT SETTING FOR TRACT 7912
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 MAY 1st 1913, .
SADDLEBACK CAPISTRANO. a Limited Partnership
Principal
STATE OF CALIFORNIA
SAFECO C O iERICA
/1i r
Francis G. Jarvi r, Attorney -in -!act
ACKNOWLEDGMENT BY SURETY
County of er 1 as.
On this lei.
i. day of Mit , 1973 , before me,—Mary A Jenny
a notary public in and for the State of California with principal office in the County of Oranae
residing therein, duly commissioned and swom, personally appeared Franc i e G _.1 aru i e . Jr -
known
r_known to me to be the attomey-in fact of Safeco Insurance Company of America, the corporation that executed the
within instrument, and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County,
the day an�Lltsecintdiscrjtillcatelustalreve:wl�tlen.
MARY A. JENI'.Y
NOTARY PUBLIC -C;1 ORNIA
PRINCIPAL OF, '.' IN
S-821 R3 10/72 TO Fn CIAL SEAL My
u�wu�
r
NAME
STREET
..EE'LI TY
STATE
ZIP
L
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
I
SPACE ABOVE THIS LINE FOR RECORDER'S USE
n
SAFECO INSURANCE COMPANIES
SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
FIRST NATIONAL INSURANCE COMPANY OF AMERICA
HOME OFFICE'. 4347 BROOKLYN AVE. N.E., SEATTLE, WASHINGTON 98105
Executed in Triplicate
Bond No. 2-208727
SUBDIVISION IMPROVEMENT BOND
LABOR AND MATERIAL (CALIFORNIA)
KNOWALL MEN BY THESE PRESENTS,That SADDLEBACK CAPISTRANO, a Limited Partnership
as Principal, and the
SAFECO INSURANCE COMPANY OF AMERICA, a Corporation organized and existing under the laws of the State of
Washington and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto
CITY OF SAN JUAN CApISTRANO
for the use and benefit of any and al sWks f i{ ction 11612, Business and Professions Code of
the State of California, in the sum ofT � SE I Tars ($ _ 176-800 00 ),
for the payment whereof, well and t_t If S i d 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 1st day of MAY 19-13, wherein the Principal has
agreed to complete the following improvements:
STREET IMPROVEMENTS, STREET LIGHTING AND SANITARY SEWERS
FOR TRACT No. 7912 IN THE CITY OF SAN JUAN CAPISTRANO,
ORANGE COUNTY, CALIFORNIA
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 he 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 1St day of MAY , 19 73.
S-822 R3 10/72
hip
Address
PRINTED IN U.S.A.
ACKNOWLEDGMENT BY SURETY
STATE OF California
5 ss
County of Orange 1
On this 1st day of Mal( , 1 C)71 , before me personally
appeared Francis G. Jarvis. Jr. , known to me to be the Attorney -in -Fact of
SAFECO INSURANCE COMPANY OF AMERICA, GENERAL INSURANCE COMPANY OF AMERICA or FIRST
NATIONAL INSURANCE COMPANY OF AMERICA, the corporation that executed the within instrument, and acknowl-
edged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County,
the day and year in this certificate first above written.
MARY A. JENNY +22j
NOTARY PUBLIC. CALIFORNIA
•
($e�INIpi CIPAL OFFICE IN
W' ORANGE COUNTY
OFFICIAL SEAL 923&4W&d 1Zoira Aug. 13, IP73
Notary Public in the State of
County of
CORPORATE ACKNOWLEDGMENT
STATE OF California
as.:
couNTY of Orange
On this
day of
PRINTED IN LIS.A.
19]3_ , before me personally appeared
to me known to be the
President and Robert M cross to me known to he the secretary of
IHF MCMICHAEJ. CO , IMC
the corporation executing the above instrument, and acknowledged said instrument to be the free and voluntary act and deed of said
corporation, for the uses and purposes therein mentioned and on oath stated that the seal affixed is the seal of said corporation and
that it was affixed and that._,t_ he_y executed said instrument by order of the Board of Directors of said corporation.
hand and affixed my OFFICIAL SEAL the day and year first above written,
MARY A. JENNY i
NOTARY PUBLIC -CALIFORNIA ` a '`
PRINCIPAL OFFICE IN
ORANGE COUNTY
IIt11N misi« Egir.. Aug. 11. 1173 = Notary Public, residing at
(Commission expires )
SAFECO INSURANCE COMPANIES
SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
FIRST NATIONAL INSURANCE COMPANY OF AMERICA
HOME OFFICE <BC) BROOKLYN AVE. N.E.. SEATTLE, WASHINGTON WES
BOND NO. 220886
PREMIUM: $150.00
EXECUTED IN TRIPLICATE
KNOW ALL MEN BY THESE PRESENTS, THAT WE, THE McMICHAEL CO., INC. AS PRINCIPAL, AND THE
SAFECO INSURANCE COMPANY OF AMERICA, A CORPORATION ORGANIZED UNDER THE LAWS OF THE STATE
OF WASHINGTON, AND AUTHORIZED TO TRANSACT THE BUSINESS OF SURETY IN THE STATE OF CALIFORNIA
AS SURETY, ARE HELD AND FIRMLY BOUND UNTO THE CITY OF SAN JUAN CAPISTRANO IN THE JUST AND
FULL SUM OF FIFTEEN THOUSAND AND NO/100 DOLLARS ($15,000.00), FOR WHICH SUM, WELL AND.
TRULY TO BE PAID, WE BIND OURSELVES, OUR HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND
ASSIGNS, JOINTLY AND SEVERALLY, FIRMLY BY THESE PRESENTS.
SEALED WITH OUR SEALS AND DATED THIS 24th DAY OF MAY, 1973.
THE CONDITION OF THIS OBLIGATION IS SUCH, THAT, WHEREAS ON APRIL 30, 1973, A WRITTEN
AGREEMENT WAS ENTERED INTO BETWEEN THE McMICHAEL CO., INC. AND THE TRABUCO WATER COMPANY,
A CORPORATION AND
WHEREAS, THE CITY OF SAN JUAN CAPISTRANO HAS REQUIRED THE McMICHAEL CO., INC. TO POST THIS
BOND TO GUARANTEE THE MCMICHAEL CO., INC. WILL INSTALL AN IRRIGATION LINE IN THE PUBLIC
RIGHT-OF-WAY ALONG THE EASTERLY SIDE OF DEL OBISPO STREET IN TRACT No. 7912 PROVIDED THAT"
SUCH IRRIGATION LIN€ IS REQUESTED AND REQUIRED BY TRABUCO WATER COMPANY, IN WRITING TO
THE CITY OF SAN JUAN CAPISTRANO TO SERVE THEIR CUSTOMERS TO THE SOUTH OF TRACT No. 7912.
NOW THEREFORE, IT IS AGREED THAT IF THE SAID PRINCIPAL SHALL INDEMNIFY THE CITY OF SAN
JUAN CAPISTRANO FOR FAILURE TO INSTALL SAID LINE IF REQUIRED BY THE CITY TO DO SO, THEN
THIS OBLIGATION TO BE NULL AND VOID; OTHERWISE, TO REMAIN IN FULL FORCE AND EFFECT.
THE TERM OF THIS BOND SHALL BE ONE YEAR (1), MAY 24, 1973 TO MAY 24, 1974, AND MAY BE
RENEWED BY THE SURETY AT ITS OPTION BY CONTINUATION RIDER FOR SUBSEQUENT PERIODS OF ONE (1)
YEAR EACH.
THE MAXIMUM LIABILITY OF THE PRINCIPAL AND SURETY UNDER THIS BOND IS FIFTEEN THOUSAND
AND NO/100 DOLLARS ($15,000:00) EVEN IF SAID BOND IS CONTINUED FOR SUBSEQUENT ONE (1)
YEAR PERIODS. NO RIGHT OF ACTION SHALL ACCRUE TO ANYONE EXCEPT THE NAMED OBLIGEE.
PROVIDED HOWEVER, THE OBLIGEES RIGHT OF RECOVERY IS CONDITIONED UPON:
1. THE CITY OF SAN JUAN CAPISTRANO GRANTING TO THE MCMICHAEL CO., INC., ITS
HEIRS, ASSIGNS OR DEVISEES, A PROPER AND LEGAL RIGHT-OF-WAY TO _INSTALL SAID
LINE IN A PUBLIC STREET(S).
SAFECO H I OF M CA
Francis G. Jar Jr., Atto ey-in-Fact
CORPORATE ACKNOWLEDGMENT
STATE OF' Cal ifornla
COUNTY OF Orange
On this 29th day of May 19 7-3 , before me personally appeared
Robert M Cross
to me known to be the
Secretary of The MrMichael Cri,Inc
the corporation executing the above instrument, and acknowledged said instrument to be the free and voluntary act and deed of said
corporation, for the uses and purposes therein mentioned and on oath stated that the seal affixed is the seal of said corporation and
that it was affixed and that__ he executed said instrument by order of the Board of Directors of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my OFFICIAL SEAL the day and year first above written.
jjzZz$2 MARY A. JENNY 2�
CA
NOTARY PU3LIC- CALIFORNIA
PF: 'C!, OFFICE + 0
2 (55 t1..A.�GE COJ Notary Public, residing at
Oi IUAI 11A, Mr .. m... i.:,„n Ee,irs A. i2, 1973
S-863 12/62 �A��9+�1r7�SC "•P:f •>+:., .. - 40 .. (Commission expires )
CORPORATE ACKNOWLEDGMENT
STATE OF California
COUNTY OF Orange
On this 24th day of May , 19 _Z3_ , before me personally appeared
3- W_ McMichael
to me known to be the
Precirlant of The McMichael Co Inc
the corporation executing the above instrument, and acknowledged said instrument to be the free and voluntary act and deed of said
corporation, for the uses and purposes therein mentioned and on oath stated that the seal affixed is the seal of said corporation and
that it was affixed and that_ he executed said instrument by order of the Board of Directors of said corporation.
INand affixed my OFFICIAL SEAL the day and year first above written.
MARY A. JENNY
NOTARY PUBLIC- CALIFORNIA 9
PRINCIPAL OFFICE IN
ORANGE COUNTY
OFFICIAL StfE/!t)c°"""""°" Expi,.. A.9 13, 1973 2 Notary Public, residing at
g -so / (Commission expires )
ACKNOWLEDGMENT BY SURETY
STATE OF California
a ss
County of Orange
On this 24th day of May ,1973 ,before me personally
appeared _ Francis G JdrVl Jr. known to me to be the Attorney -in -Fact of
SAFECO INSURANCE COMPANY OF AMERICA, GENERAL INSURANCE COMPANY OF AMERICA or FIRST
NATIONAL INSURANCE COMPANY OF AMERICA, the corporation that executed the within instrument, and acknowl-
edged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County,
4Y#V"ej,4this certificate first above written.
MARY A. JENNY
.wed
NOTARY PUBLIC -CALIFORNIA
PRINCIPAL OFFICE IN Notary Public in the State f
ORANGE COUNTY
OFFICIAL ce..Il�I.I, Ex,IM AW. 12, 1973 County of
���N���O
PRINTED IN U.S.A.