1973-1004_MICHAEL, INC, C._Agreementwnwr�
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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
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��F4AiV CTi E
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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
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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