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