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1973-1004_MICHAEL, INC, C._Agreementwnwr� r `- A u R E A N T THIS AGREEMENT, made and entered into this 4th day of October , 19-,, by and between C. MICHAEL, INC. 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. 5657 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. 5657 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. 5657" 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.5657 " 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 Four Hundred Seventy Seven Thousand, Two 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 SUBDLVIDER 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 (85%) 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 180 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, 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. C. MICHAEL, INC. C. M. Jonet-1 CITY," SAN ATTEST: By: Wanda E. Anderson, City Clerk and ex -officio Clerk �At. Treas. AN CAPISTRANO r � 0 ��F4AiV CTi E Q DEPARTMENT OF BUILDING AND SAFETY July 10. 1974 F. G. MCLELLAN, JR. BUILDING AND SAFETY MAIN OFFICE 400 CIVIC CENTER DRIVE WEST SANTA ANA, CALIFORNIA 92701 ., 714-834-2626 REGIONAL OFFICE 30143 CROWN VALLEY PARKWAY LAGUNA NIGUEL, CALIF. 92677 7 14 -4 95-0660 c r - 7a C. Michael. IPC. v 8501 Bolsa Avenue Midway City, California SUBJECTr se.fl and Groradvater. Coad4tl,'a on Tr t 567_ 31202 Dol Obispo t., Us+1Mae:,Caa rano grading Porion Ne: t429000 6entlenaa� This :Department has -beae,est? tro0a0W&ter Caaditiod: 0# the nitisl iovoIv@1SWVftiV yoor last yaar. Pr#or to.issuanco plans and associated scil',wo critically rop4Owed f'+ar von:•0 data and for t!eSs aiandations en4146ering sod_p0.teehalaa ly concerned with soil aad 4..80 tract since our �#Jrad P$Mit application .. the trNlng•Pernit, trading WIN /geology reports wore d�riag de�t'i�a.-4.asufflalvat. ` s+oet4R! ■ :aievis acceptable �darlio, Al the potential: pr!obI-go of i.4 praradwater Levels was mastitis by tAo trsill g4vfs` ears profassioaal staff. /t was 'not considered rettae###a�tic,Y yovr.pro.JJact soil ansine0r. No stated., had etude a tberoo h prattnl• nary iareati'atlea and r..evime of the site and lis conotes:ions and reconendtaisaa clearly Aadtoken at1 passiblo soil related preblimi into acoolint. Til#` preiltrjaary soil. aagineer, ing repert was` -therefore accepted ea.tftt prtni:e, since issManas of the Gradi:ng.teralt groundwater has beep a problenll;-►eraatep ha need for.tovaeral s+e41`tags betwees. !►our °eul►er nteadaet., and eeasultamts, ,aad persown*l of this Ptpartneat,aAd the City H�gineer's. iftice. As a result, nuch work has baso acconp.lis'ed to.r-esotve the groundwater probles'. However. the" low area of "tire tract occupied by: lot= 43,84 and lots 122.1296 incipstve, has groundwater and C. Michael, Inc. July 100 1974 Page 2 soil problems yet to be resolved. Groundwater monitoring devices (piezometers) recently instalTed by the project soii engineer repposrtedly indicated a lowering of groundwater several foot below its highest level.. This condition would appear satisfactory for construction purposes, However., the influence of.future landscape irrigation (i.e. egVivalent to 70 inches annual rainfall) combined with a wet winter has not been reco ntzed by your consultant as:a future adverse inflaence. It s the Position of this Department that tfiis'potential problem he addressed and designed for. Accordingly, prior to rough grading approval o;l lots 43 -84 - and lots 122-129, inclusive, of Tract $657 groued conditions must be modified fn a manner that will significantly decrease the potential influence of groundwater on the bailding sites. This could possibly be accomplished by either elevatingthe lot pads or by providing an extensive su5dra>in.gX' o . r, the are&. the design an-sred implementation �of thebd' selected shall be provided by the applicabie consultant and approved by this Department. If,,heuro,Tpmi of `111 1s glgn- ificantly increased abov• the Pei'wf�t ma t,.;:ad j bora 1 tope may be required. In addition to the' above. the following Poare Telqureiil° 1. Re-evaluation of soil conditions on each lot by the site soil engineer. The surface soils have lost much iftitial Moisture through evaporation causing a reduction in -,soil stability. 2. Regrading of each lot &&.determined necessary by the site soil engineer's re-evaluation report and as required by this Department. 3. Lot recertifteation by the stte soil engineer and design civil engineer. 4. Payment of additional fee (=40.00) for 15.000 cubic yards of import fail not covered by the original Grading Permit. This Department will'be pleased to expedite the processing of all subsequent plans and reports generated by the -above requirements. 3` C. Michael, Inc. July 109 1974 Page 8 Any que,srtions regarding this matter should be referred to Mr. Rick Munsea, Brading Division Chief at 834-2662. Very truly yours, F. B. MCLELLAN, JR. Director of Building and Safety Jmcv cc: Woodside-Kubota .City Manager, s.a.C._ Foundation Engineering Company A .I 16 EXECUTED IN TRIPLICATE S�C SURETY COMPANY of the PACIFIC HOME OFFICE: LOS ANGELES, CALIFORNIA Bond No. 106116 PREMIUM: $5,550.00 PERFORMANCE BOND CALIFORNIA — PUBLIC CONTRACT KNOW ALL MEN BY THESE PRESENTS: That C. MICHAEL, INC. as Principal, and the SURETY COMPANY of the PACIFIC, a California corporation authorized to execute bonds in the State of California, as Surety, are held and firmly bound unto CITY OF SAN JUAN CAPISTRANO as Obligee, in the sum of THREE HUNDRED -SEVENTY THOUSAND AND NO/100 ------ --------------------------------------------------------- Dollars ($ 370,000.00 ) for which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally by these presents. THE CONDITION of the above obligation is such that, Whereas the Principal has entered into a contract, dated , 19 , with the Obligee to do and perform the following work to -wit: STREET IMPROVEMENTS FOR TRACT 5657 NOW, THEREFORE, if the said Principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 4TH day of OCTOBER , 1973 SCP-UQ11A (11/70) C. MICHAEL, INC. BY - SURETY COMPANY of the PACIFIC - I R:C�SELLERS, Attornek-in-Fac[ :YAR Of CAUF0 r" COUNTY OF orange J`a• On October 26, 1973 before me, the undersigned, a Notary Public in and for said State, personally appeared C. J�7ones known to me to be the President. and C.M. Jones known to me to be of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and ac- knowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my ha and official seal. Signature Nalsaa fb7aar • STATE OF CALIFORNIA County of LOS ANGELES }sa. ELIZABETH A. TOOMAN NOTARY PUBLIC • CALIFORN,A' PRINCIPAL OFFICE IN ORAKE COUNTY My Commission Expires Aug. 28, 1975 (1W w ase am" assor l "a) On this 4TH day of OCTOBER , I9 73, before me MAGDALENA N. FERNANDEZ , a Notary Public, in and for the County and State aforesaid, residing therein duly commissioned and sworn, personally appeared R. C. SELLERS „aNaawa.YNa OFFICIAL 91,AL known to me to be the Attorney -in -Fact of SuretyCompanyof the Pacific, the MAGDALENA M. FERNANDEZ rP° Co ration that executed the within instrument analso knon to me to be the NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES OUNTY person who executed the within instrument on behalf of the Corporation therein named and acknowledged to me that such Corporation executed the same. Nov. 10,1015 My Commission Expires Nov. )" NWNWIYYINNNIIINIIIIIUYIINtlYYMININIW111YNWIWYI SCRu-24 (2/e9) Nbtiy Pubic in and for the State of California, County of . SCP SURETY COMPANY of the PACIFIC HOME OFFICE: LOS ANGELES, CALIFORNIA Bond No. 106117 P PERFORMANCE BONDREMIUM: $378.00 CALIFORNIA — PUBLIC CONTRACT KNOW ALL MEN BY THESE PRESENTS: That C. MICHAEL INC. as Principal, and the SURETY COMPANY of the PACIFIC, a California corporation authorized to execute bonds in the State of California, as Surety, are held and firmly bound unto CITY OF SAN JUAN CAPISTRANO as Obligee, in the sum of TWENTY FIVE THOUSAND TWO HUNDRED AND NO11OO --------- ----------------------------------------- Dollars ($ 25,200.00 ) for which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally by these presents. THE CONDITION of the above obligation is such that, Whereas the Principal has entered into a contract, dated , 19 , with the Obligee to do and perform the following work to -wit: INSTALLATION OF LIGHTS FOR TRACT 5657 NOW, THEREFORE, if the said Principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 4TH EXECUTED IN TRIPLICATE SCP -U -111A (11/]0) day of OCTOBER C. MICHAEL INC. 1973 BY: _ o B SURETY COMPANY of the PACIFIC ll E; n -Favi ,a STAN Or CALWORNIA � r COUNTY OF Orange On October 19, 1973 before me, the undersigned, a Notary psblic in and for said State, personally appeared C.J. Jones known to me to be the president. and C • M. Jones known to me to be of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and ac- knowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNES4mynd �nd official seal. ,�Z Signatur . "e me (Typed r PrWAOQ STATE OF CALIFORNIA County of ORANGE lss. T P�r� 1,175 tnw seas fer ollid t aaas , seen On this laTg day of OCTOBER , 19_73, before me JANI CE L. DECK , a Notary Public, in and for the County and State aforesaid, residing therein duly commissioned and sworn, personally appeared OFFICIAL SEAL - known to me to be the Attorney -in -Fact of Surety Company of the Pacific, the ry JA PU L. DECK Corporation that executed the within instrument and also known to me to be the NOTARY PUBLIC -CALIFORNIA Pain�IPAL OFFICE IN pe who executed the within instrument on behalf of the Corporation therein ORANGE COLN na a Ind acknowledged to meettllfa`t 8 , C ration a ecuted the same. My Commission Expires April 9, 1974 J ,g SewU-24 f2/69t 1 Notavublie in and for the State of California, County of ORANAE t SCP SURETY COMPANY of the PACIFIC HOME OFFICE: LOS ANGELES, CALIFORNIA Bond No. 106118 PREMIUM: $19230.00 PERFORMANCE BOND CALIFORNIA — PUBLIC CONTRACT KNOW ALL MEN BY THESE PRESENTS: That C. MICHAEL INC. as Principal, and the SURETY COMPANY of the PACIFIC, a California corporation authorized to execute bonds in the State of California, as Surety, are held and firmly bound unto CITY OF SAN JUAN CAPISTRANO as Obligee, in the sum of EIGHTY TWO THOUSAND AND NO/100---------------------- ---------------------------------------- Dollars ($ 82,000.00 ) for which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally by these presents. THE CONDITION of the above obligation is such that, Whereas the Principal has entered into a contract, dated , 19 , with the Obligee to do and perform the following work to -wit: SEWER IMPROVEMENTS FOR TRACT 5657 NOW, THEREFORE, if the said Principal shall well and truly perform the work contracted to performed under said contract, then this obligation shall be void; otherwise to remain in full force effect. Signed and sealed this 4TH day of OCTOBER 1973/ 1 C. MICHAEL INC. l BY • r� BY: l (Seal) EXECUTED IN TRIPLICATE 5CP-U-111A (11/]01 STATE OF CALIFORNIA County of ORANGE }88' On this 4TH day of OCTOBER , 19-13, before me a Notary Public, in and for the County and State aforesaid, residing therein duly commissioned and sworn, personally appeared KEITH E. SANDROCK v OFFICIAL SEAL known to me to be the Attorney -in -Fact of Surety Company of the Pacific, the JANICE L. DECK Corporation that executed the within instrument and also known to me to be the NOTARY PUBLIC -CALIFORNIA person who executed the within instrTj half of the Corporation therein o PRINCIPAL OFFICE IN oearvcE COUNTY mine d acknowledged two ionexecuted the same. My Commission Expires April 9, 1974/' SCP -U-24 (2/69) 1 Notary Puplic in and for the State of California, County of ORANGE o 4y{,,,�s,�asys�s i COUNTY OF bi ))� On October 19, 1973 before me, the undersigned, a Notary Public in and for said State, personally appeared - Ca J. Jones known to me to be the President, and C. M. Jones known to me to be the Secretary of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and ac- knowledged to me that such corporation executed the with instrument pursuant to its by-laws or a resolution of ih board directors. WITNESS my ha!!�ndAfFicial seal. Signature 1MIIaa�w�sYM1A ELIZABETH A. TOOMAN N07Ah' cUBUC • CALIFORNIA PRitXiP'iL CFFICE IN CRA.N;E COUNTY V,v L-ommimmI Fxoires Aug -.28-,- 1975 oft aua M, 40sYl,FAM0 at! i4 r. SCP SURETY COMPANY of the PACIFIC HOME OFFICE: LOS ANGELES, CALIFORNIA Bond No. 106119 PREMIUM: $25.00 PERFORMANCE BOND CALIFORNIA — PUBLIC CONTRACT KNOW ALL MEN BY THESE PRESENTS: That C. MICHAEL INC. as Principal, and the SURETY COMPANY of the PACIFIC, a California corporation authorized to execute bonds in the State of California, as Surety, are held and firmly bound unto CITY OF SAN JUAN CAPISTRANO as Obligee, in the sum of ONE THOUSAND SND N01100 ----------------------------- ---------------------------------------- Dollars ($ 19000.00 ) for which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally by these presents. THE CONDITION of the above obligation is such that, Whereas the Principal has entered into a contract, dated , 19 , with the Obligee to do and perform the following work to -wit: INSTALLATION OF MONUMENTS FOR TRACT 5657 NOW, THEREFORE, if the said Principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 4TH day of OCTOBER , 19 73 EXECUTED IN TRIPLICATE SCR -V -111A (11/70) C. MICHAEL INC. BY: 1, BY: ------ SURETY OMP NY of th PACIFIC By 14'eylf TH E. SAMRG C& Attorney -in -Fact STATE OF CALIFORNIA County of ORANGE )SS. On this 4TH day of OCTOBER , 1973 , before me JANICE Is, DECK , a Notary Public, in and for the County and State aforesaid, residing therein duly commissioned and sworn, personally appeared KEITH E. SANDROCK known to me to be the Attorney -in -Fact of Surety Company of the Pacific, the OFFICIAL SEAL Corporation that executed the within instrument and also known to me to be the JANICE L. DECK personrwho executed the within instrument in behalf of the Corporation therein a NOTARY PPA LIC -CALIF IN named n acknowled ed to the c rr recuted the same. PRIDI: UB C-l;c INg OR:APIGE CUIIN `Y My Commission Er.pires April 9, 1974 t SCP -U-24 )2/69) Notary PuWc in and for the State of California, County of ORANGE OEM W Oran a as. e' COUNTY OF g October 19, 1973 E On before me, the undersigned, a Notary Public in and for e said State, personally appeared C. J. Jones c known to me to be the President, and C. M. Jones s known to me to be the Seaetary of the corporation that executed the within instrument, l Q and known to me to be the persons who executed the within t instrument on behalf of the corporation therein named, and ac- knowledged to me that such corporation executed the within Instrument pursuant to its by-laws or a resolution of its board of a `o t directors. U WITNESSmy h sd official Seel. A/ L/(/// EI 0 Signature IlNo Owed • rd aaa IMns ear to so" anaaw salt ELIZABETH A. TCOMAN ski "�`t y�.i•:xt NOTARY PUBLIC CAL .2111A FR!NC:21L CFFICE IN CRANE COUNTY r,<y Commssion [tyres Aug. 23, 1975 IMns ear to so" anaaw salt op WOODSIDG/KUBOTA A ASSOCIATES. INC. eowau�nnol �� amm�aawi 2416 South Birch Street a Sento Ane, California 92707 a Phone: (714) 979-6240 MR. C. M. JONES SECRETARY — TREASURER C. MICHAEL, INC. POST OFFICE Box 278 MIDWAY CITY, CALIFORNIA SUBJECT: TRACT 5657 AGREEMENT CITY OF SAN JUAN CAPISTRANO DEAR MR. JONES! NOVEMBER 6, 1973 ATTACHED IS YOUR COPY OF THE FULLY EXECUTED AGREEMENT ON THE SUBJECT TRACT. WE WILL BE WORKING WITH YOUR ENGINEER TO COMPLETE THE IMPROVEMENT PLANS ON THIS PROJECT. IT WILL BE NECESSARY FOR YOU TO WORK OUT THE DETAILS OF THE LAND SCAPING ON THE BANK FOR DEL OBISPO STREET WITH THE PLANNING DEPARTMENT. THIS WILL INCLUDE A FORM OF GUARANTEE FOR MAINTENANCE. DUE TO THE FLOOD HAZARD SITUATION, IT WILL BE NECESSARY TO CONSTRUCT THE FLOOD PROTECTION ALONG SAN JUAN CREEK PRIOR TO CONSTRUCTING THE HOMES IN THE LOWER AREAS OF THE TRACT. IF THIS SHOULD BECOME A PROBLEM, WE MAY WANT TO WORK OUT THE LIMITATIONS WITH THE ORANGE COUNTY BUILDING DEPARTMENT SO YOU CAN PROCEED ON THIS PROJECT. VERY TRULY YOURS, JACK Y. KUBOTA, CITY ENGINEER CITY OF SAN JUAN CAPISTRANO BY GEORGE/E. MADSEN SENIOR PROJECT ENGINEER ENCLOSURE CC: PUBLIC WORKS DIRECTOR CITY CLERK In San Diego County, Carlsbad TRACT 5657 P I,UR,EtY niv, l 4201 WILSHIRE BOAIftf MAPS ANGELES, CALIf00NIA 90010 / COMPANY RDJ:sam 10-29-74 CITY G City Clerk City of San Juan Capistrano San Juan Capistrano, California Owner of Obligee City of San Juan Capistrano PACIFIC Inception Date: Contract No. and Description Sewer improvments for Tract 5657 Contract Price $82,000.00 Our Company is Surety on he bond covering the above contract. Without prejudicing your rights or affecting our liability under our bond(s) described above, we would appreciate such of the following information as is now available. Please return this form in the enclosed self-addressed envelope. [IF CONTRACT COLLETED, Please state: 1.. Approximate date completed S�1',Y AN''YOF.Tl-lE, PACI); IC S�hirUleyyiitchell MMT BOND DEMTHW 2. Approximate date accepted 3. Amount paid contractor 4. Retention withheld S. Final Contract price including extras TIF CONTRACT NOT COLLETED, Please state: 1. Amount paid contractor to date 2. Earned retention withheld 3. Approx % contract completed 4. Probable date completion S. Is progress satisfactory? 6. Have any liens or claims been filed? R04AM(if any) Date 16-74 I Status (Contract 11-5-73) SCP -U -31A (5-74) Signed Address