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1977-0817_MILLER CONSTRUCTION COMPANY, B.H._Subdivision Agreement• �4 RECORDED AT THE REQUEST OF RECORDING FEES EXEMPT DUE TO AND RETURN TO: GOVERNMENT CODE SECTION 6.103 City of San Juan Capistrano Office of the City Clerk �,44rz_'.'7>�Q _ 32400 Paseo Adelanto Mary Ann/Iianover, City Clerk San Juan Capistrano, CA 92675 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 B. H. Miller Construction Company, 90 Brookhollow Drive, Santa Ana, California, 92705, subdivider of division of land 77-4 requires the subdivider to complete the fol- lowing work to wit: CONSTRUCTION OF PUBLIC IMPROVEMENTS IN CONJUNCTION WITH DIVISION OF LAND 77-4 IN THE CITY OF SAN JUAN CAPISTRANO That said work was completed by said subdivider according 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 7th _day of November 1979, by Resolution No. 79-11-7-1 That upon said agreement the United Pacific Insurance Company was surety for bonds given by the said subdivider. Dated at San Juan Capistrano, California, this 8th day of November , 1979. Mary Ann nover, City Clerk of the City6tbf San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, 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 COf1PLE- TION 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 8th day of November , 1979. Mary n,Hanove City Clerk of. the Cit�'of San Juan Capistrano Recorded at the request of RECORDING FEES EXEMPT DUE TO • and return to: GOVERVT CODE SECTION 6103 City of San Juan C*istrano 46033 City Clerk's Office 32400 Paseo Adelanto MARY ANN,RANOVER, City Clerk San Juan Capistrano, CA 92675 San Jua Capistrano, California(A) EXEMPTto D.L. No. 77-4 L3) C4 ✓ 1. SUBDIVISION AGREEMENT 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 B. H. MILLER CONSTRUCTION COMPANY whose mailing address is 90 Brookhollow Drive Santa Ana, CA 92705 hereinafter called the "Subdivider." WITNESSETH: RECORDED IN OFFICIAL RE COFZDS OF ORANGE COUNTY, CALIFORNIA 5 P "t 3 PMAUG 261977 J. WYUE CARLYLk County hecorder `.'HAT, WHEREAS, Subdivider has filed with the Planning Commission of the City, a tentative parcel map for a proposed subdivision, known as D.L. 77-4 which has been conditionally approved by the City Council, and WHEREAS, Subdivider desires to postpone the public and private improvements required as a condition of approval of said tentative parcel map until a time subsequent to the acceptance and recordation of the parcel map of said subdivision, by enteri.ig into an agreement and providing the improvement security required to assure the furnishing and installation of said improvements within the time herein provided. NOW,.THEREFORE, in consideration of the premises and the approval of the parcel map of said subdivision and. the postponement of the time to install such improvements, and to satisfy the said condition of the approval of the said tentative parcel map, the Subdivider hereby undertakes, promises and agrees as follows: 1. Subdivider will, at his (its) own cost and expense, improve said D.L. by doing all work and providing and furnishing all labor, materials and equipment and making all installations shown on the improvement plans signed and approved by the City Engineer and specified by the Specifications 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 parkway trees, together with the installation of all appur- tenances, contingencies and the furnishing of all engineering costs and.services to do and complete said work, and to do and complete all other acts and obligations required by the City as condition of the approval of the tentative subdivision. 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 provide all labor and material to connect the same to existing mains and facilities of the Orange County Waterworks District k4, and will comply with all of the requirements of said District, and with the plans and specifications for said work signed by, and on.file in the office of the Manager of said District, incorporated herein by reference. 3. Subdivider agrees to pay all applicable fees assigned by City. Fon purposes of this agreement, applicable fees shall be defined as all fees that may be legally assessed through City's ordinances and resolu- tions as conditions of approving subdivider's subdivision and proposed improvements. -1- D. L. No. 77-4 r 8X 12355PG 105 4. Subdivider shall furnish one good and sufficient bond in -accordance with the provisions of. Chapter 5 of Division 2 of Title 7 of the Government Code, said bond shall be in an amount equal to the total estimated cost of work and improvements not to be dedicated to City but inspected by City personnel. Said bond shall be conditioned upon faithful performance of this agreement. 5. Subdivider shall furnish two good and sufficient bonds in accordance with the provisions of Chapter 5 of Division 2 of Title 7 of the Government Code, said bonds to be in the amounts and for the following purposes: (a) an amount equal to the total estimated cost.of the said work and 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. 6. The City Engineer of the City of San Juan Capistrano may make such changes, alterations or additions to the plans and specifications for said work and improvement which do not exceed ten percent (10%) 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 and improvement or as required for the safety and welfare of the public and no. such changes, alterations or additions shall relieve the Subdivider from the faithful performance of this agreement.. 7. Subdivider agrees to complete all of said work and improvement and to pay all costs specified herein within a period of 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 validity of this agreement -or the obligations hereunder. Bonds furnished hereunder shall 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 work, and Subdivider shall pay to said City, upon demand, all of the cost of any of said work done by the City, its agents and contractors, or any of them, to complete all or any part of said work. 10. Subdivider agrees to pay City such sum as the Court may adjudge as reasonable for the legal services of any attorney representing the City in any action brought to enforce or interpret the obligations of this instrument, and such sum shall be made a part of any judgment in such action against the Subdivider if such action is determined in favor of the said City. 11. City, its officers and employees, except for their own acts, shall not be liable or responsible for any accident, loss or damage happening or occurring to the improvements specified in this agreement prior to the completion and acceptance of said improvements by the City. 12. At all times from the acceptance by the City Council of the dedications offered on the final map of said tract to the completion and acceptance of the improvements described herein, Subdivider shall perform all work in a safe, workmanlike manner and shall take such precaution,s as may be necessary to warn and protect the public from any dangerous. condition caused by the construction of said improvements. 13. Subdivider shall hold City, its officers and employees harmless from any and all claims, demands, causes of action,.liability or loss of any sort because of, or arising out of, the acts or omissions of the Subdivider, his contractor, subcontractors, agents or employees in the performance of this agreement. -2- D. L. No. 77-4 ,' ` • • BK 1235 5P I t�6 Executed at San Juan Capistrano, California this 17th ,day of August , 14 77 SUBDIVIDER* ATTEST: an Juan ffpistraho City Clerk APPROVED AND RECOMMENDED FOR EXECUTION: L Cittyy Eng e MaJyTaigtTrAf Orange Waterwc5rks, District #4 NOTE: Improvement Bond and Material to this Agreemert. B. H. MILLER CONSTRUCTIgN MPANY B " (S-.gnature) Lee W. Phelps Executive Vice -President (Office Held) CITY OF SAN JUAN CAPISTRANO By �✓ YVO O. HECKSCHER, MAYOR AP ROVED AWOgORM: T l" Attorney Labor Bond mu a attached *Partnerships, joint ventures, and other corporate entities should contact the San Juan Capistrano City Attorney for acceptable form of execution. 1 -3- 72400 P1._ ([p AOLLANTO' SAN JV" CAP'STRFt�D. CALIPORNIA 92675 November 21, 1979 B. H. Miller Construction Company 90 Brookhollow Drive Santa Ana, California •92705 Re: Completion of Public Improvements - Division of Land 77-4 Gentlemen: Enclosed is a copy of Resolution No. 79-11-7-1, which was adopted by the City Council at their meeting of November 7, 1979. The Resolution accepts the work completed for Division of Land 77-4. Upon 35 days following recordation of the Notice of Completion, the Monumentation Bond and Labor and Materials bond may be released. The Notice was recorded on November 19.th; therefore, the bonds may be released on December 24, 1979. The Faithful Performance bond was extended to November 7, 1980, at which time staff is authorized to implement release. MAH/cj Enclosure Very truly yours, (MRS) MARY ANN HANOVER City Clerk cc: Director of Public Works Finance I 71 Bond No. U 95 34 55 • PREMIUM: Incld. • • LABOR AND MATERIAL BOND • • CALIFORNIA - PUBLIC CONTRACT • • KNOW ALL MEN BY THESE PRESENTS, that • • B. H. MILLER CONSTRUCTION CO. INC. • • as Principal, and the UNITED PACIFIC INSURANCE COMPANY, a Washington corporation author- • ized to execute bonds in the State of California, as Surety, are held and firmly bound unto • CITY OF SAN JUAN CAPISTRANO, 3240 Paseo Adelanto, San Juan Capistrano, California • • as Obligee, in the sum of One hundred sixty-one thousand and no/100********************* • •**r******************r*****r*****************r******** Dollars$ 161,000.00 ) • for which sum we bind ourselves, our heirs, executors, administrators, successorsrand assigns, jointly and severally by these presents. • THE CONDITION of the above obligation is such that, Whereas the Principal on the 15th day • of August 19 77 , entered into a contract with the Obligee for • Installation of off-site improvements, streets, gutters, curbs and related • • improvements, in accordance with approve plans for project known as DIVSION OF LAND 77-4, City of San Juan Capistrano, California. • • • Now, THEREFORE, if the said Principal or his subcontractors shall fail to pay for any materials, • • provisions, provender or other supplies, or teams, used in, upon, for or about the performance of the • • work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under • • the Unemployment Insurance Act with respect to such work or labor, as required by the provisions of • Chapter 3 of Division 5, Title 1 of the Government Code of the State of California, and provided that • the claimant shall have complied with the provisions of said Code, the Surety will pay for the same, in • • an amount not exceeding the sum specified in this bond and also in case suit is brought on the bond, • • a reasonable attorney's fee to be fixed by the Court, then this obligation shall be void, otherwise to • remain in full force and effect. • This bond shall inure to the benefit of any and all persons entitled to file claims under Section 1192.1 • • of the Code of Civil Procedure, so as to give a right of action to them or their assigns in any suit brought upon this bond. • Signed and sealed this 15th day of August 19 77 • • B. H. MILLER CONSTRUCTION CO., INC. • ........................................................................... • (�-1/ • •N�ITEDDQPACIFIC INSURANCE COMPANY • dry Atto•in-F•et • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 6-2034 CAL. -CONT. State of California County of ORANGE 1 ss: August 15 77 On19_, before me, the undersigned, a Notary Public in and for said County, personally appeared Mari nena Zi egl er known to me to be the person whose name is subscribed to the within instrument as Attorney -in -Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledged to me that—he subscribed the name of UNITED PACIFIC INSURANCE COMPANY, as Surety, and hel:_ own name ax.4*1wuevin,F=i---_--_--.----_-. OFFICIAL SEAL j JOAN M, CARROLL ♦ ".-� NOTARY PUBLIC—CALIFORNIA • ♦ PRINCIPAL OFFICE IN • ♦ ORANGE COUNTY My Commission Expires Jan. 17, 1979 MY CommiestdMi}ii♦♦♦♦♦♦♦♦1♦♦♦♦A♦♦♦♦♦♦♦d 19_ Notary Public in and for said County B-2001 California - Jurat (Attomey-in-Fact Acknowledgment) Rev. 1-65 C (Corporation) ( O STATE OF CALIFORNIA l 7 COUNTY OFSS. //ILQSi_ 1 11�QAC Ifi i i 7 On 'I ! b ore mF, the undersigned, a Notary Public in and for said State personally appeared hciS. %✓0 I U �� M known to me to be the �i.6t d President, and , I i known to me to be Secretary of the corporation that executed the within Instrument, M known to me to be the persons who executed the within I Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within a instrument pursuant to its by-laws or a resolution of its board of directors. «111�1J4► WITNESS my hand and officialseal. till L Mil ��_/J ,(� ?- .IlO Signature) J fM N 01ot Ihwe Mpr 2f, 1M! Patti J. Prall Name (Typed or Printed) MIS ane Nr o 1&1 notarial wen STATE OF C&IFOiN1A, Orange ss. COUNTY OF )t ON August 17 19 _17 before me, the undersigned, a Notary Public in and for the said State, personally am" Lee W. Phelps known to me to be the Exec. Vice— President, and— known to me to bethBtary of . H. MillerConstructionCompany gglcwlLeE� the Corporation that executed the within Instrument, known to me to be the person who RUTH E MARQUgRp executed the within Instrument, on behalf of the Corporation herein named, and acknowh)11�ad NurAaypueuc- to me that such Corporation executed the within Instrument pursuant to its by -lawn a a P fJ; #4 resolution of its board of directors. Ceeee On Ezpheg xi, lm WITNESS my hand and official seal. UNITED 1"-A*I1:1I0 INSURANC* OOMPANY HOMCIOFFIt€, TACOMA, WASHINGTONi POWER OF ATTORNEY f KNOW ALL MEN BY THESE PRESENTS, That the UNITED PACIFIC INSURANCE COMPANY, a corporation duly organized under the lawsof the State of Washington, does hereby make, constitute and appoint MARINENA ZIEGLER of NEWPORT BEACH, CALIFORNIA ----------- its true and lawful Attorney-in-fact, to make execute, seal and deliver for and on its behalf, and as its act and deed ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP -------------- and to bind the UNITED PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the UNITED PACIFIC INSURANCE COMPANY and sealed and attested by one other of such officers, and hereby ratifies and confirms all that its said Attorney(s)-in-fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of Section 37A of the By -Laws of UNITED PACIFIC INSURANCE COMPANY which provisions are now in full force and effect, reading as follows: SECTION 37A —ATTORNEYS -IN -FACT SECTION 1. The Board of Directors, the President, or any Vice -President or Assistant Vice -President shall have power and authority to: (a) appoint Attorneys -in -fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (b) to remove any such Attorney-in-fact at any time and revoke the power and authority given to him. SECTION 2. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of UNITED PACIFIC INSURANCE COMPANY at a meeting held on the 26th day of October, 1971, at which a quorum was present, and said Resolution has not been amended or repealed: "Resolved, that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, the UNITED PACI FIC INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate seal to be hereto affixed, this 24th day of January 19 7$ UNITED PACIFIC INSURANCE COMPANY ':Fp aJt„ r •./�i/!/��/�/1 FiY/74 tiFrO'°'4 SEAL 1 ' 1' Executive Vice -President STATE OF ss. ea,,. ... COUNTY OF On this 24th day o1 January 19 75 personally appeared MORRIS E. BROWN to ma known to be the Vim resident of the UNITED PACIFIC INSURANCE COMPANY, and acknowledged that he executed and attested the foregoing instrument and affixed the seal of said corporation thereto, and that Section 37A,Section 1 and 2 of the By -Laws of said Company and the Resolution, set forth therein, are still in full fo�rce�./�;j y �� My Commission Expires: January LS, 19 78 14;4 sTA#; \ Waahinaton eveUc�•. I Notary Public in and for State of , Tls.t'� Residingat Tacom D. Keith Johnson , Assistant Secretary of the UNITED PACIFIC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said UNITED PACIFIC INSURANCE COMPANY, which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company this I Sth day of Aiigim tt 1921. v.s� usysurJ�' � f. A t Secretary 9 SEAL = 9 Bond No. U 95 34 57 PREMIUM: $27.00 PERFORMANCE BOND CALIFORNIA -PUBLIC CONTRACT KNOW ALL MEN BY THESE PRESENTS: That B. H. MILLER CONSTRUCTION CO., INC. as Principal, and the UNITED PACIFIC INSURANCE COMPANY, a Washington corporation author. ized to execute bonds in the State of California, as Surety, are held and firmly bound unto City of San Juan Capistrano, 3240 Paseo Adelanto, San Juan Capistrano, Ca. as Obligee, in the sum of One thousand eiaht hundred and **t****rt****rr*********************r*****r**********Dollars($ 1,800.00 ) • for which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and • • severally by these presents. • • THE CONDITION O� the a19 bligation is such that, Whereas the Principal has entered into a • contract, dated August 5 19 �� , with the Obligee • • to do and perform the following work to -wit: • • Monumentation for Project known as DIVSION OF LAND 77-4 • • City of San Juan Capistrano, Calfiornia • • • • • • • • 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 15th day of August 19 77 • • • • B. H. MILLER CONSTRUCTION CO., Inc. ......................................... ........:�........................ (Seal) • • UNITED PACIFIC INSURANCE COMPANY c. • By Mari riener ............................... mq•in-Feet • Jr • i • J • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • B.2035 CAL. - CONTRACT- PUBLIC - PERFORMANCE State of California County of Orange ` ss: On August 15 197 before me, the undersigned, a Notary Public in and for said County, personally appeared arinena Zieq er _ _ known to me to be the person Nhose name is subscribed to the within instrument as Attorney - in - Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledged to me that—he subscribed the name of UNITED PACIFIC INSURANCE COMPANY, as Surety, and hPr_ own name • OFFICIAL SEAL' JOAN M. CARROLL' • •'y NOTARY PUBLIC—CALIFORNIA ♦ PRINCIPAL OFFICE IN ORANGEJaCOUNTY • • My Commission Expiresires Jen. 17, 1979 My Commission expires 19_ Notary Public in and for said County B-2004 California - Jurat (Attomey-in-Fact Acknowledgment) Ray. 1.65 TO Yea (Corporation) O STATE OF CALIFORNIA COUNTY OF-- Dee ear } SS. On befmey'7}, a undersigned, a Notary Public in and for said State person y appeared I Z' _Z / &aO 2 is known to me to he the - f � D p.a,;ae.., ._.r a_ __side..,, end = known to me to be Secretary of the corporation that executed the within Instrument, known to me to be the persons who executed the within i Instrument on behalf of the corporation therein named, and .acknowledged to me that such corporation executed the within C instrument pursuant to its by-laws or a resolution of its board of directors, If1WL WITNESS my hand and official sealer lFi _ // //11•all/�1 Signature 'SCJC�I' A4� �It IYI �b.1Mt Patti J. Prall Name (Typed or Printed) (Thi. arw 4r **.I.[ .~.] .w) UNITED P.rIFIC I1'T8URA2qC0 COMPANY HOME OFFICE, TACOMA, WASHINGTON POPER OF ATTORNEY U KNOW ALL MEN BY THESE PRESENTS, That the UNITED PACIFIC INSURANCE COMPANY, a corporation duly organized under the laws of the State of Washington, does hereby make, constitute and appoint MARINENA ZIEGLER of NEWPORT BEACH, CALIFORNIA ----------- its true and lawful Attorney-in-fact, to make execute, seal and deliver for and on its behalf, and as its act and deed ANY AND ALL BONDS AND OF SURETYSHIP -------------- and to bind the UNITED PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the UNITED PACIFIC INSURANCE COMPANY and sealed and attested by one other of such officers, and hereby ratifies and confirms all that its said Attorney(s)-iri4act may do in pursuance hereof. This Power of Attorney is granted under and by authority of Section 37A of the By -Laws of UNITED PACIFIC INSURANCE COMPANY which provisions are now in full force and effect, reading as follows: SECTION 37A - ATTORNEYS -IN -FACT SECTION 1. The Board of Directors, the President, or any Vice -President or Assistant Vice?resident shall have tower and authority to: la) appoint Attorneys -in -fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (b) to remove any such Attorney-in-fact at any time and revoke the power and authority given to him. SECTION 2. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of UNITED PACIFIC INSURANCE COMPANY at a meeting held on the 26th day of October, 1971, at which a quorum was present, and said Resolution has not been amended or repealed: "Resolved, that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, the UNITED PACIFIC INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate seal to be hereto affixed, this 24th day of January 19 7$ UNITED PACIFIC INSURANCE COMPANY pa usupw 4 .aYaM� J STATE OF ( Executive Vice -President COUNTY OF f ss. On this 241:h day of January , 19_15 personally appeared MORRIS E. BROWN to me known to be the �ce rresident of the UNITED PACIFIC INSURANCE COMPANY, and acknowledged that he executed and attested the foregoing instrument and affixed the seal of said corporation thereto, and that Section 37A, Suction 1 and 2 of the By -Laws of said Company and the Resolution, set forth therein, are still in full force. /I My Commission Expires: January 15 '19 78 j •' o-•- q Notary Public in and for State of WaahiAQtOA '�`{tI[edA0�0 Residingat Tacoma D. Keith Johnson Assistant Secretary of the UNITED PACIFIC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said UNITED PACIFIC INSURANCE COMPANY, which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company this 15th day of August 19.--V yet Ibrbbre' .� iC.Gf!-.moi^-•' �� r a• ��"� a A ' t Secretary 3 SEAL e WBDU-1431 ED. 6/74 �i,yn•std .a I . ' Bond No.u 95 34 56 • • PREMIUM $458. Term • • PERFORMANCE BOND • ' CALIFORNIA - PUBLIC CONTRACT • • KNOW ALL MEN BY THESE PRESENTS: That • • B. H. MILLER CONSTRUCTION CO ., INC. • • as Principal, and the UNITED PACIFIC INSURANCE COMPANY, a Washington corporation author. • • ized to execute bonds in the State of California, as Surety, are held and firmly bound unto • • CITY OF SAN JUAN CAPISTRANO, 3240 Paseo Adelanto, San Juan Capistrano, Ca. • • as Obligee, in the sum of Thirty thousand five hundred and no/100********************** ' Dollars ($ 30,500.00 ) ' 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 August 15 , 19 77 , with the Obligee • • to do and perform the following work to -wit: • Installation of certain on-site improvements, private streets, curbs, gutters, 0 in accordance with approved plans for project known as DIVSION OF LAND 77-4, ' City of San Juan Capistrano, California. ' • • • • • • • 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 15th day of August 19 77 • B. H. Miller Construction Co., Inc.- • .........................(........................................_............... ......�,,,%...1F1.`.: 4e�..................... (Seal) •TUNNITEDjjPACIFIC INSURANCE COMPANY BM Cam nom •Pact • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 8.2035 CAL. - CONTRACT • PUBLIC. PERFORMANCE To 6{9 a (Corporation) STATE OF CALIFORNIANy�SS. COUNTY OF ClP/L.d=51 �( LI C7.(.l S - % 7_ before in the undersigned, a Notary Public in and for said State, personally appeared' C known to me to be the President, and ' known to me to be Secretary of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS lmy hand and official seal Signature Q a O Patti J. Prall Name (Typed or Printed) State of California Orange as: County of 0 (Tklr alae 19r rllklrl notutal Bran R On August 15, 1? 77 before me, the undersigned, a Notary Public in and for said County, personally appeared ari neva Ziegler known to me to be the peraen whose name is subscribed to the within instrument as Attorney -in -Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledged to me that_he subscribed the name of UNITED PACIFIC INSURANCE COMPANY, as Surety, and her own name {����W�ItYY�YSlt-r.. ,-. _ --.. • JOA OFFICIAL SEAL' t � • • M. CARROLL NOTARY PUBLIC—CALIFORNIA 2PRINCIPAL OFFICE IN ORCOyNTY n Exi• • My On ANGE Expires Jen. 17, 1970 ♦♦�♦♦♦••♦♦♦♦♦♦♦♦♦♦•eH♦♦e- 19 My Commission expires Notary PuNic in and fer said County B-1004 Cal ifomia - Jurat (Attemay-in-Fact Acknowledgment) Rw. 1.65 UNITED P40IPIC INSURANCQ COMPANY HOME OFFICE, TACOMA, WASHINGTON POWER OF ATTORNEY f KNOW ALL MEN BY THESE PRESENTS, That the UNITED PACIFIC INSURANCE COMPANY, a corporation duly organized under the laws of the State of Washington, does hereby make, constitute and appoint MARINENA ZIEGLER of NEWPORT BEACH, CALIFORNIA ----------- its true and lawful Attorney4n-fact, to rake execute, seal and deliver for and on its behalf, and as its act and deed ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP -------------- and to bind the UNITED PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the UNITED PACIFIC INSURANCE COMPANY and settled and attested by one other of such officers, and hereby ratifies and confirms all that its said Attorney(sl-in4act may do in pursuance hereof. This Power of Attorney is granted under and by authority of Section 37A of the By -Laws of UNITED PACIFIC INSURANCE COMPANY which provisions are now in full force and effect, reading as follows: SECTION 37A —ATTORNEYS -IN -FACT SECTION 1. The Board of Directors, the President, or any Vice -President or Assistant Vico-President shall have power and authority to: (a) appoint Attorneys -in -fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (b) to remove any such Attorney-in-fact at any time and revoke the power and authority given to him. SECTION 2. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of UNITED PACIFIC INSURANCE COMPANY at a meeting held on the 26th day of October, 1971, at which a quorum was present, and said Resolution has not been amended or repealed: "Resolved, that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, the UNITED PACIFIC INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate seal to be hereto affixed, this 24th day of January 19 Z D. Keith Johnson , Assistant Secretary of the UNITED PACIFIC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said UNITED PACIFIC INSURANCE COMPANY, which is still in full force and effect. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the seal of said Company this 1 5th day of T/uAu QUSt t9ZZ. �� A t Secretary - C SEAL `s WBDU-1431 ED. 6/74 44sisst~, UNITEDPACIFICINSURANCE COMPANY SEAL OF t Executive Vice -President STATE ss' ��'x'•`�s• COUNTY OF S On this 24th day of January 19_15 personally aa�,p,peeared MORRIS E. BROWN to me known to be the Vic-PCresident of the UNITED PACIFIC INSURANCE COMPANY, and acknowledged that he executed and attested the foregoing instrument and affixed the seal of said corporation thereto, and that Section 37A, Section 1 and 2 of the By -Laws of said Company and the Resolution, set forth therein, are still in full fo�rc�e./�'7 My Commission Expires: � � � /1 - J'�`--3rZLr. ..� s 9L-ifixQ-t-c.� -•iaa E• y��,,� January LS 19 78 WashinatOII Notary Public in and for State of I"',w `r Residingat Tacom D. Keith Johnson , Assistant Secretary of the UNITED PACIFIC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said UNITED PACIFIC INSURANCE COMPANY, which is still in full force and effect. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the seal of said Company this 1 5th day of T/uAu QUSt t9ZZ. �� A t Secretary - C SEAL `s WBDU-1431 ED. 6/74 44sisst~, Bond No. U 95 34 55 • • PREMIUM: $2,415. Term • • PERFORMANCE BOND • CALIFORNIA -PUBLIC CONTRACT • ' KNOW ALL MEN BY THESE PRESENTS: That ' B. H. MILLER CONSTRUCTION CO., INC. as Principal, and the UNITED PACIFIC INSURANCE COMPANY, a Washington corporation author- ized to execute bonds in the State of California, as Surety, are held and firmly bound unto • • CITY OF SAN JUAN CAPISTRANO, 3240 Paseo Adelanto, San Juan Capistrano, California • ' as Obligee, in the sum of One hundred s ixty-one thousand and no/100******************** • • ***#* r*** r************ t********** t******* t******** r*** Dollars ($ 161,000.00 ) • • 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 August 15 , 19 77 , with the Obligee • • to do and perform the following work to -wit: • • Installation of off-site improvements, streets, gutters, curbs and related • • improvements, in accordance with approved plans for project known as DIVISION OF LAND 77-4, City of San Juan Capistrano, California • • • • • 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 15th day of August 19 77 • B_ H: Mi11er Construction Co.... Inc-. • 1✓!.1Na.... v k�...................... (Seal) • ITED PACIFIC INSURANCE COMPANYBy c • • lalarinena Zieg er m -Fact • • • • B-2035 CAL.- CONTRACT- PUBLIC- PERFORMANCE • • • • 0 0 0 0 0 0 0 0 0 0 • 0 0 • 0 0 0 0 0 9 0 0 0 0 0 0 0 0 0 0 0 6 X W a a .t To 449 C (Corporation) STATE OF CALIFORNIA SS. COUNTY On u L1 O.{ 1�cz__A I b' 1 1 1 / beforA me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be the President, and known to me to be Secretary of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Signature4&4&--Q 4,6_o Patti -r Pra11 Name (Typed or Printed) State of California as: County of Orange /1 0 (This srss for olbbl nNWol run On August 15 1277 before me, the undersigned, a Notary Public in and for said Count drinefla 'Zimmer g y Y, Personally appeared g known to ms to be the person whose name is subscribed to the within instrument as Attorney -in -Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledged to me that—he subscribed the name of UNITED PACIFIC INSURANCE COMPANY, as Surety, and her own j OFFICIAL SEAL j 0 • JOAN M. CARROLL j •_y NOTARY PUBLIC—CALIFORNIA e PRINCIPAL OFFICE IN 4 ORANGE COUNTY e • My Commission Expires Jan, 17, 1979 • i•ye••e••e•e•e•••••••••e••••d My Commission ezpi res 19_ Notary Puldic in and far said County B-2001 Califamia - Jurat (Attamoy-in-Fact Acknowladammt) Ray. 1.65 AGENDA ITEM November 7, 1979 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Acceptance of Public Improvements and Release of Bonds - B. H. Miller Construction Co. (Camino Capistrano) SITUATION The developer of the subject project has requested that the City accept the public improvements and release the surety. The public improvements have been completed and accepted by the City Inspector. The City is requesting a Notice of Completion to be filed with the County Recorder. The surety devices for this development are: Surety Amount Bond $ 1,800 Bond $161,000 Number U94 -3'i-57 U94-34-55 Company United Pacific Inc. S I. Bond $161,000 U94-34-5$ FINANCIAL CONSIDERATIONS Purpose Monumentation Labor & Materials' Performance =d 40 1YI/90 There is no cost or compensation to the City for this action. ALTERNATE ACTIONS 1. Accept the public improvements resulting from Division of Land 77-4, require a Notice of Completion to be filed, require an exten- sion of the Faithful Performance surety for public improvements to November 7, 1980, and exonerate the Labor and Material and Monumentation sureties. 2. Do not accept the public improvements for Division of Land 77-4. 3. Request further information from staff. p T� • James S. Mocalis, City Manager -2- Acceptance of Public Improvements B. H. Miller RECOMMENDATION • November 7, 1979 By resolution, determine that the work resulting from Division of Land 77-4 ha^ heen cor-let^d and declare the wor}: to he accepted; direct that within ten (10) days from the date of acceptance, a Notice of Completion be filed with the County of Orange Recorder. By motion, require an extension of the Faithful Performance surety for public improvements to November 7 , 1980; direct staff to exonerate the Labor and Material surety and the Monumentation surety upon expiration of thirty five (35) days"from the filing of the Notice of Completion. Authorize staff to release the Faithful Performance surety on November 7, 1980. Respectfully submitted, IW -I. Aurn .,r,� W. p WDM:MB/rem Encls. At2t'o2T AVENIDA AERL1pUECLCO C -.OL;- CGV2SE tPp� 'PI�OJ�CT- Sl i 1 . VICi N iT'`,/ MACS NJ'C "TCS CITY OF SAN JUAN CAPISTRANO D. L. 77 - 4 B.I-I. M ILLE2 IRCY COU''^f1. GUI�LI° i�, S FORAND FINAL This guideline is intended to provide the City Council with information to assist in reviewing Parcel and Final ,haps. .The specific items c!= �? 1_:, �,J n ._.,. '� t:« "uuuivisiuli 'Iap Act and the Land Use '.7-Ina(=C'Cr.cnt Code. A. Council shall make the following determination in approving a Parcel Map or Final Map: 1. The Final Map or Parcel Map is consistent with the General Plan. 2. The Final Map or Parcel Map is in substantial compliance with the approved Tentative Map or Tentative Parcel Map. B. Council shall deny a Parcel Map or Final Map if it does_not conform to any of the following: 1. The proposed map is consistent with the General Plan. 2. The design or•improvement of the proposed subdivision is con- sistent with the General Plan. 3. The site is physically suitable for the type of development. 4. The site is physically suitable for the proposed density of development. 5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor sub- stantially and avoidably injure fish or wildlife or their habitat. G. The design of the subdivision or the type of improvements is not likely to cause serious public health problems. 7. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through Or use of, property within the proposed subdivision, * * * * * * * * W * Ii • RESOLUTION NO. 79-11-7-1 COMPLETION OF PU[tLIC IPSP fiC'1FS Ii;N^,'S --DIVISION OF LAND 77-4 A h1:5OLU'tl G:J Oc' 4if CITY COU^JCI,', OF TILE CITY OI' ..:'.:J JGid; Ci .._ Gil„ i' ,SV LI, 7P:Cl,AFZJNG _. IOC. ... ..-" .. 3U A:�O SPECIFICATI DI:S FCR )I!] C0tiCTi2UCTION OF PUBLIC IMPROVEMENTS - DIVISION OF LP14D 77-4 WIIEREAS, the City of San Juan Capistrano has entered into an agreement with B. 11. Miller Construction Company for the construction of public improven;cnLs in Division of Land 77-4; and, S^1` _ - �t;,_ c:_ P,fa_ I4o?a has �:vaivatud the final quantitiesandcost figures and recommends approval. NOW, THEREEORE, 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 subdivrdeihashas been completed. SECTION 2. That the work is hereby accepted and .. approved. SECTION 3. It is further ordered that a "Notice of Completion" be recorded, on behalf 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, APPROVED AND ADOPTED this 7th day of November 1 1979, by the following vote, to wit: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None i KENNETH E. FRISS, MAYOR ATTEST: CITYITYCLE .. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) as. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 79-11-7-1 ,-adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 7th day of November , 1979 . (SEAL) DUIRY �eliJ:J Ii:uvOVG1L, CT'1'Y CLERK l� -1- CITY &RK'S DEPARTMENT - ACTIOAMINDER TO: City Engineer (Marty Bryant, staff) FROM: City Clerk DATE: September 29, 1983 At their meeting of November 7, 1979, the City Council accepted the public improvements for Division of Land 77-4. Faithful Performance Bond No. U95-34-55 was extended to November 7, 1980, and staff was authorized to release it at that time. Cj ACTION REQUESTED: No record can be found of the release of this last bond. Please advise of the status; and, if said bond has not been released, please advise if your Division will be releasing this bond in the near future. In addition to the above, there is an on-site improvement Performance Bond No. U95-34-56 in the amount of $30,500.00 in the file. Joe Gaffney had been advised of this and staff was notified that this bond would be released along with the Performance Bond No. U95-34-55 when it was released November 7, 1980. No record can be found of this release either. ACTION TO BE TAKEN: .DEL —� a • Mlu Ee c0"Ta4TSD, TNIEy ca��D aouD �►.� �rnei. DATE WHEN NEXT ACTION(S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: 0 AA 4 - DATE SIGNED: 3 -a -f -1$`a ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** File No. 38 - #179 (77-4) 0 0 B. H. MILLER CONSTRUCTION CO. 90 Brookhollow Drive Santa Ana California 92705 W. (714) 549-8233 October 19, 1979 Mr. W. D. Murphy City Engineer San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 Re: Capistrano Business Park Dear Mr. Murphy: ((yy Lee W. Phelps !t FCL IYEL Executive Vice President OCT IS AM'`!p C'T'( OF SAN JIIAN CAPiS1RAN We are requesting removal of the following bonds for our Capistrano Business Park: On -Site Improvement Bond - Performance Monument Bond - Performance Off-site Improvement 00% Performance 100% Labor $ Material 0£f -site Improvement Bond — Grading Permit Surety Bond — �-Ie aLr.% Y�I ��P► 5Q&"q1 If you have any questions regarding the above, please do not hesitate to contact me. Sincerely, B. H MILLER CONSTRUCTION CO. v L ✓�� Lee W. PheC—lps a LWP:sz cc: File Accounting