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1981-0302_MORELAND DEVELOPMENT CO_Subdivision AgreementRECORDED AT THE REQUE AND RETURN TO: EX 83-012380 C14 ST OF RECORDING FEES GOVERNMENT CODE J EXEMPT DUE TO SECTION 6100" City of San Juan Capistrano '"` t City Clerk's Department 32400 Paseo Adelanto Mary Ann a over, City Clerk San Juan Capistrano, CA 92675 City of an Juan Capistrano, CA NOTICE OF COMPLETION 85 Tie, q -78H NOTICE IS HEREBY GIVEN that the agreement between the City of San Juan Capistrano, California, and Moreland Development Company, 1717 State College Boulevard, Suite 280, Anaheim, California, 92806, subdivider of Tract 9784, requires the subdivider to complete the following to wit: CONSTRUCTION OF PUBLIC IMPROVEMENTS IN CONJUNCTION WITH TRACT 9784 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 4th day of January , 1983, by Resolution No. 83-1-4-1 That upon Hartford said agreement the National F was surety for the bonds given ire Insurance Company of by the said subdivider. Dated at San Juan Capistrano, California, this 5th day of January , 1983. Mary Ann er, City Clerk of the City46f 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 Completion 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 5th day of January , 1983 . RECORDED IN OFFICIAL RECORDS OfORANOECOUNTY. CMIFORMA Mary Ann H r, City Clerk of the City o San Juan Capistrano -11 xs AM JAN 10 '83 LEE A. BRANCH, C Recorder December 30, 1985 National Fire Insurance Co. of Hartford 600 S. Commonwealth Los Angeles, CA 90005 Re: Grading Permit Surety Bond No. 5534292 Gentlemen: Lis MEMBZRt OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. BUCHHEIM KENNETH E. PRICES GARY L. HAUEDONPER PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN B. JULIAN In accordance with an agreement with Moreland Development Co. and City Staff, you have submitted Landscaping Bond No. 9266538 which has been reviewed and is acceptable as surety for remaining landscaping work on Tract 9784. Therefore, Grading Permit Surety Bond No. 5534292, dated March 2, 1981, may now be exonerated. Very truly yours, 0147 N. S. Cochran Building Official NSC:ms CC: Moreland Development Co. - Edward C. McCracken Records Coordinator ✓ 32400 PASKO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92673 9 (714) 493-1171 DIISION.G'; '01N rr�.Aurs ,1 GG AND 0AI'l: CITY 0 _—_--- rry or :;nrJ ,ur,cnPlrrIk)nd No. 5534292 GRADING PFR„IT !;IWPTV 110Nr, )'Ct'Inl tun: -- _A-13.046.00 KNOW ALL MEN BY TurSr rRESrNTS: That MO_RELAND DEVELOPMENT COMPANY, a California corporation, _ as Principal, is held and firmly bound unto the City of San Juan Capistrano in the just and full sum of Three Millj.On Two Hundred Sixty -One Thousand Five Hundred DOLLARS, for the paymclit o�ich, wu 1 and truly made,said Prirc i.pal binds himself, his heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT, WHEREAS, the said Principal above named is applicant under Grading Permit \o. of the City of San Juan Capistrano, California, for anexcavation or fill of 250 yards or more, on the following described property: T,rAct No. 9784 and: I WHEREAS, the estimated cost of the work authorized by the permit is $3,261,500 NOW, THEREFORE, it is agreed that if the Principal shall: a) Comply with all the provisions of the San Juan Capistrano Grading and Excavation Code, "Ordinance No. 367, Article 2, Section. 1 through 24 inclusive"; b) Comply with all the terms and conditions of the permit to the satisfaction of the Director of, Public Works; e) Complete all of the work contemplated under the said permit within the time limit specified in the permit, and any extension or extensions thereof; d) Reimburse the City for any work the Division of Buildi:•g and Safety deems necessary to complete, correct or otherwise under- take the work specified in the permit, or any �;ork deemed necessary for the public safety, because of any failure on the part of the Principal, then this obligation shall be null and void; otherwise it shall remain in full force and effect. PROVIDED, HOWEVER, that the said surety, for value received, hereby stipulates and agrees that no changes, extension of time, alteration or modification of the permit or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such charge, extension of time, alteration or modification of the permit or of work to be performed thereunder; and PROVIDED, FNRTIIEIZ, that inn case suit is brought upon the bond by the City or any other person who may bring an action on this • bond, a reasonable attorney's fee, to be fixed by the court, shall be paid by the Principal. • I14 WITNERG WM:R1:01', the -.aid Principal -11,1s caur,ed tbose presents to be duly signed and scaled tilis 2nd day of March MORELFIND DEVELOPMENT COMPANY, a California' corporation, AS PRINCIPAL B R. F. Koch, Vice President r / By: 7 R. a ' andt Assistan Secretary NATIONAL FIRE INSURANCE COMPANY OF HARTFORD SURETY By: �f 600 S.,,_L2zmonwea11h Los Angeles, CA 90005 Diane E. Wills ATTORNEY IN _YAC'r in mul�ior saTT­ City and SLaL,, EXECUTED IN DUPLICATE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES My Commission OFFICIAL SEAL AN H. ALLEN Y PUBLIC -CALIFORNIA NCI PAL OFFICE IN ANGELES COUNTY oires lune 20, 1984 Pros. a Sec., wotcetts Fane 22"er. 3e1 SS. ON March 2 19 81 before me, the undersigned, a Notary Public in and for said State, personally appeared R. F. Koch , known to me to be the Vice President,and R. P. Van Zandt ,known to me to be the Assistant Secretaryof—Moreland Development the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the Corporation herein 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. STATE OF CALIFORNIA, ss. COUNTY OF Los Angeles ON March 2 , 19-R, before me, the undersigned, a Notary Public in and for said State, personally appared DLANE E WILLS known to lee, to be the person_ whose name_ subscribed to the within InstrrerAK and acknowledged to me that _he_ executed the same. WITNESS my hand and official seal. MARVELLA C. MUM - NOTARY PUBLIC - CALIFORNIA LOS ANGELES CULNTY My Commission Eaplres Dec. 21, 1981 Notary Public in and for said State. National Fire Insurance Company of Hartford • CNA OfficesiChicago, Illinois POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men by these Presents, That the NATIONAL FIRE INSURANCE and existing under the laws of the State of Connecticut, and having its gene of Illinois, does hereby make, constitute and appoint Diane E. Wills, of Los Angeles. California its true and lawful Attorney -in -Fact with full power and author takings and other obligatory instruments of similar nature as Without Limitations HARTFORD, a corporation duly organized ,e office in the City of Chicago, and State execute in its behalf bonds, under - and to bind the NATIONAL FIRE INSURANCE COMPANY OF HARTFORD thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of NATIONAL FIRE INSURANCE COMPANY OF HARTFORD and all the ads of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 21, 1955 by the Board of Directors of the Company. RESOLVED: That the President, an Executive Vice President or any Vice President of the Corporation may, from time to time, appoint, by written certificates, Attorneys -in -Fact to act in behalf of the Corporation in the execution of policies of insurance, bands, undertakings and other obligatory instruments of like nature. Such Attorneys -in -Fad, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President, an Executive Vice President, any Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney -in -Fad. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 14th day of May, 1964. RESOLVED: That the signature of the President, an Executive Vice President or a Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 21, 1955 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Corporation. In Witness Whereof, the NATIONAL FIRE INSURANCE COMPANY OF HARTFORD has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed this 4th day of December 19 80. NATI L FillfJORANCE COMPANY OF HARTFORD . � Vice Preside � wn•• State of Illinois, County of Cook, as: On this 4th day of December , 19 80 , before me personally came R. J. Wall to me known, who, being by me duly sworn, did depose and say: that he resides in theVillage of Western Springs State of Illinois; that he is a Vice -President of the NATIONAL FIRE INSURANCE COMPANY OF HART- FORD, the corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. s3g`a, 9.�. 'R NOTARY TIT PUBi.ic Edward J. Han III Notary Publie. °�oBBry` My Commission Expires May 12, 1984 CERTIFICATE I, P. F. Granahan , Assistant Secretary of the NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the Resolutions of the Board of Directors, set forth in said Power of Attorney are still in force. In testimony whereof I have hereunto subscribed by name and affixed the seal of the said Company this 2nd day of March , 19 81 nu,•. 6-23142-B C�. SAN March 27, 1985 92674 M&WR QVIvll/® National Fire Insurance Co. Of Hartford 600 S. Commonwealth Los Angeles, Caliofrnia 90005 Re: Bond #5534282; Moreland Development CO" Gentlemen: Bond #5534282 held to insure Faithful Performance of Public improvements in Tract 9784 (Moreland) may now be exonerated. Yours truly, CITY OFSANJUAN ISTRANO G� .a• e . Jr. City Engineer GML:CMB/rem xc. Records Coordinator ACT NO. 9784 OND NO. 5534282 PREMIUM $4,900.00 PUBLIC BOND FOR IMPROVEMENTS (FAITHFUL PERFORMANCE) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and MORELAND DEVELOPMENT COMPANY, whose mailing address is Post Office Box 7600, Los Angeles, CA 90051, her inafter designated as Principal, have entered into an agreement whereb Principal agrees to install and complete certain designated improvements, which said agree- ment dated January 22 , 19 8�, and identified as (Subdivision Agreement for Tract 9784) (Project is hereby referred to and made a part hereof; and WHEREAS, Said Principal is required under the terms of said agreement, to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the Principal, and NATIONAL FIRE INSURANCE COMPANY OF HARTFORD , whose mailing address is 600 S. Commonwealth, Los Angeles, CA 90005 1 as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called City, in the penal sum of ONE MILLION TWO HUNDRED TWENTY-FIVE THOUSAND DOLLARS AND NO/100ths ($1,225,000.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bond ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of San Juan Capistrano, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby, and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of ` time, alteration or addition to the terms of the agreement or to the work to be performed thereunder, or the specifications accompanying same, shall in any way affect its obligations on this bond, and it does hereby waive any notice of any such change, extension of time alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on JANUARY 22,1981. ' PRINCIPAL SURETY 1 MORELAND DEVELOPMENT COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD . By: y✓ _ By: w) ( D orf Pres'dent Diane E. Wills Attorney -in -Fact By: 2 By: AssistaOf- Secretary Address of Subdivider: Same as Principal NOTE: Acknowledgment of execution of Principals and Surety must be attached. I (Executed in Triplicate) STATE OF CALIFORNIA, SS. COUNTY OF LOS ANGELES ON January 22 1951 before me, the undersigned, a Notary Public in and for said State, personally appeaed J. A. Gordon known to me to be the President, and , known to me aneaMunm"mNmnDeeeNNeene""""" ma --. tobetheAssistant Secretaryof Moreland Development OFFICIAL SEAL 1 Company MAUREEN M. CANO NOTARY PUBLIC -CALIFORNIA the Corporation that executed the within Instrument, known to me to be the persons who { PRINCIPAL OFFICE IN = executed the within Instrument, on behalf of the Corporation herein named, and acknowledged LOS ANGELES COUNTY 3 to me that such Corporation executed the within Instrument pursuant to its by-laws or a Commission Expires November 14, 1981 resolution of its board of directors. aunmwMMaeuwurwxuuMnmuwwuuNuomnwmw w'"A WITNESS my hand and official seal. OR lr�6 GAME ( D W PRINTED) Notary Public in and for said State. DGMENT—Corp., Pres. A Sec_ wsketts Form 2}}-11w. }ee Los Angeles = SS. ADELIA L. BARNFIELD NOTARY PUBLIC o) STATE OF CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY My COMMISSION Expires March 18, 1984 Fens 270-4w. 30 ON January 22 19—E, before me, the undersigned, a Notary Public in and for said State, personally appeared DIANE E. WILLS , known to no, to be the person— whose name— subscribed to the within Instrument, and acknowledged to me that —he_ executed the same. WITNESS my hand and official seal. Notary Public in and .aid State. National Fire Insurance Company of Hartford ,CNA OKiees/Chleago, Illinois POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men by these Presents, That the NATIONAL FIRE INSURANCE and existing under the laws of the State of Connecticut, and having its gene of Illinois, does hereby make, constitute and appoint Diane E. Wills, OF HARTFORD, a corporation duly organized rative office in the City of Chicago, and State of Los Angeles, California its true and lawful Attorney -in -Fact with full power and authority hereby conferred to sign, seal and execute in its behalf bonds, under- takings and other obligatory instruments of similar nature as follows: Without Limitations and to bind the NATIONAL FIRE INSURANCE COMPANY OF HARTFORD thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of NATIONAL FIRE INSURANCE COMPANY OF HARTFORD and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 21, 1955 by the Board of Directors of the Company. RESOLVED: That the President, an Executive Vice President or any Vice President of the Corporation may, from time to time, appoint, by written certificates, Attorneys -in -Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such Attorneys in -Fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President, an Executive Vice President, any Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney -in -Fact. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 14th day of May, 1964. RESOLVED: That the signature of the President, an Executive Vice President or a Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 21, 1955 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Corporation. In Witness Whereof, the NATIONAL FIRE INSURANCE COMPANY OF HARTFORD has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed this 4th day of December 19 80 •{r\.rl![i, NATI L FeFUNCE COMPANY OF HARTFORD �:- Wr Vice President. State of Illinois, County of Cook, ss: On this 4th day of December , 19 80 , before me personally came R. J. Wall to me known, who, being by me duly sworn, did depose and say: that he resides in theVillage of Western Springs State of Illinois; that he is a Vice -President of the NATIONAL FIRE INSURANCE COMPANY OF HART- FORD, the corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. av NOTARY a tf1SL111df / L �, N M TIS co PUBLIC; Edward J. Han III Notary Public. �so�R My Commission Expires May 12, 1984 CERTIFICATE I, P. F. Granahan , Assistant Secretary of the NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the Resolutions of the Board of Directors, set forth in said Power oftor�ey are still in force In testimony whereof I have hereunto subscribed by name and affixed the seal of the said Company this n day ofJanuary 19 9_81. F. Grana XI{1t\! 6.23142-B IZ400 PASSOADELANTQ' SAN JUA-K.CAP15TRAMO, CALLFORNIA 92675 PHONE 493.117t January 12, 1983 Moreland Development Company 1717 State College Boulevard Suite 280 Anaheim, California 92806 Re: Completion ve Gentlemen: is and Enclosed is a copy of Resolution No. 83-1-4-1, which was adopted by the City Council at their.meeting of January 4, 1983. The Resolution accepts the work completed for the construction of public improvements in Tract 9784. Council directed that the following sureties from National Fire Insurance Company be released upon expiration of 35 days from recording of the Notice of Completion, and copies are attached for your information: Surety Amount Purpose Bond No. 5534282 $1,225,000 Labor & Materials Bond No. 5534283 12,500 Monumentation The Notice of Completion was recorded on January 10, 1983; therefore, the sureties may be released on February 14, 1983. The following surety from National Fire Insurance Company was extended to January 4, 1984: Surety Bond No. 5534282 MAH/na Enclosures Amount $1,225,000 Very truly yours, MARY ANP HANOVER, CMC City Clerk Director of Public Works • BOND NO. 5534282 PREMIUM Included PUBLIC BOND FOR IMPROVEMENTS (LABOR AND MATERIALS) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and MORELAND DEVELOPMENT COMPANY, whose mailing address is Post Office Box 7600, Los Angeles, CA 90051, hereinafter designated as Principal, have entered into an agreement whereby Principal agrees to install and complete certain designated improvements, which said agree- ment dated January 22 , 19 81, and identified as (Subdivision Agreement for Tract 9784) Project ) is hereby referred to and made a part hereof; and WHEREAS, Said Principal is required under the terms of said agreement, to furnish a bond for the labor and materials of said agreement. NOW, THEREFORE, we, the Principal, and NATIONAL FIRE INSURANCE COMPANY OF HARTFORD whose mailing address is 600 S. Commonwealth, Los Angeles, Calif orn a 05 , as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called City, in the penal sum of ONE MILLION TWO HUNDRED TWENTY-FIVE THOUSAND DOLLAR4 AND NO/100ths ($1,225,000.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bond ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning and shall indemnify and save harmless the City of San Juan Capistrano, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no charge, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder, or the specifications accompanying same, shall in any way affect its obligations on this bond, and it does hereby waive any notice of any such change, extension of time alteration or addition to the terms of the agreement or to the work or to the speci- fications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and surety above named, on JANUARY 22,1981. 1 By: i, i PRINCIPAL DEVELOPMENT COMPANY Assijetant Secretary Address of Subdivider: Same as Principal SURETY NATIONAL FIRE INSURANCE �C�O)MPAANYY OF HARTFORD By: Z. & Diane E. Wills Attorney -in -Fact By: NOTE: Acknowledgment of execution of Principals and Surety must be attached. (.Executed in Triplicate) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES OFFICIAL SEAL MAUREEN M. CANO NOTARY PUBLIC -CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY My Commission Expires November 14, 1981 Ferro COM Los Angeles OF ,ADELIA L. BARNIPIELD NOTARY PUBLIC STATE OF CALIFORNIA Nr PRINCIPAL OFFICE IN LOS ANGELES COUNTY 41 CalNlalaaren Expires March 18, 1984 ON January 22 1981 before me, the undersigned, a Notary Public in and for said State, personally appeared J, A. Gordon known to me to be the President, and , known to ate to be theAssistant Secretaryof Moreland Development the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the Corporation herein 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. NAZI (MED DR PRINTED Notary Public In and for said 1R. ss. ON January 22 19 81 —� before me, the undersigned, a Notary Public in and for said State, personally appeared DIANE E. WILLS known to me, to be the person_ whose name_ subscribed to the within Instrument, and acknowledged to me that _he, executed the same. WITNESS my hand and official set . Notary Public in and ford State. National Fire Insurance Company of Hartford • CNA Offices/Chicago, IBlnols POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men by these Presents, That the NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a corporation duly organized and existing under the laws of the State of Connecticut, and having its general administrative office in the City of Chicago, and State of Illinois, does hereby make, constitute and appoint Diane E. Willa. Individually of Los Angeles, California its true and lawful Attorney -in -Fact with full power and authority hereby conferred to sign, seal and execute in its behalf bonds, under. takings and other obligatory instruments of similar nature as follows: Without Limitations and to bind the NATIONAL FIRE INSURANCE COMPANY OF HARTFORD thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of NATIONAL FIRE INSURANCE COMPANY OF HARTFORD and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 21, 1955 by the Board of Directors of the Company. RESOLVED: That the President, an Executive Vice President or any Vice President,of the Corporation may, from time to time, appoint, by written certificates, Attorneys -in -Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such Attorneys -in -Fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President, an Executive Vice President, any Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney -in -Fact. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 14th day of May, 1964. RESOLVED: That the signature of the President, an Executive Vice President or a Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 21, 1955 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Corporation. In Witness Whereof, the NATIONAL FIRE INSURANCE COMPANY OF HARTFORD has caused these presents to be signed by _�ts Vice President and its corporate seal to be hereto affixed this 4th day of December 19_8 yE�•_r.�!,, NATI L Fj RANCE COMPANY OF HARTFORD t.. t. f; 'r t-. _� :�. W �.,.___.-:.,:�� � Vice President. n n `` State of Illinois, County of Cook, as: On this 4th day of December , 19 80 , before me personally came R. J. Wall to me known, who, being by me duly sworn, did depose and say: that he resides in theVillage of Western Springs State of Illinois; that he is a Vice -President of the NATIONAL FIRE INSURANCE COMPANY OF HART- FORD, the corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. e %�A! 0 nt� 7ZrEdward J. Han III Notary Public. My Commission Expires May 12, 1984 CERTIFICATE .• I, P. F. Granahan ,Assistant Secretary of the NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the Resolutions of the Board of Directors, set forth in said Power of Attorney are still in farce. In testimony whereof I have hereunto subscribed by name and affixed • the seal of the said Company this 22nd day of Januar 19 81 u qrr P. F. Granahan Assistant Sec ary. ruri• 6.23142-B • nd No. CONTRACT BOND-CALIFORNIA remium: FAITHFUL PERFORMANCE-PUBLIC WORK 5534283 $50.00 KNOW ALL MEN BY THESE PRESENTS, That MORELAND DEVELOPMENT COMPANY of Los Angeles, California, as Principal, and the NATIONAL FIRE INSURANCE COMPANY OF HARTFORD , a corporation organized and existing under the laws of Connecticut and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto the City of San Juan Capistrano, in the sum of *TWELVE THOUSAND FIVE HUNDRED DOLLARS AND NO/100* ($12,500.00), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, that WHEREAS, the above -bounden Principal has entered into a Contract dated January 22 19 81 , with the City of San Juan Capistrr ano to do andperform thefollow ni g work, to wit: Monumentation for Tract No. 9784 Subdivision Monuments in Tract No. 9784 NOW, THEREFORE, if the above -bounden Principal shall faithfully perform all the provisions of said Contract, then this obligation shall be void; otherwise to remain: in full force and effect. Signed and sealed this 22nd CExecuted in Triplicate) day of January, 1981 Principal NATIONAL FIRE INSURANCE COMPANY OF HARTFORD ��,�n�/� (yySAurety) By: &Z Diane E. Wills Attorney -in -Fact STATE OF CALIFORNIA, SS. COUNTY OF LOS ANGELES j ON January 22 lg 81 before me, the undersigned, a Notary Public in and for said State, personally appeared J . A. Gordon _ known to me to be the President, and known to me to be the Assistant Secretary of Moreland Development OFFICIAL SEAL Company MAUREEN M. CANO the Corporation that executed the within Instrument, known to me to be the persons who NOTARY PUSL OFFICE INNIA executed the within Instrument, on behalf of the Corporation herein named, and acknowledged PRINCIPAL OFFICE IN�d LOS ANGELES COUNTY to me that such Corporation executed the within Instrument pursuant to its by-laws or a w Commission Expires November 14, 1981. resolution of its board of directors. WITNESS my hand and official seal. (� " NAME (TYPED OR PRINTED) Notary Paelic in and for said State. WK01 Wi F"6NENT-118m.. Pres_ A Sac.. Welcark Farm R1 ­111w. Til Los Angeles t Ss. OF January 22 81 ON 19 —, before me, the undersigned, a Notary Public in and for said State, personally appeared DIANE E. WILLS known to me, to be the person_ whose name_ Subscribed to the within Instrlanent, and acknowledged to me that _he_ executed the same. ••• ^••••'' • ppELIA paste �N� tp WITNESS my hand and official seal. NOT IFORNIA OF CAL.. STATE PRINCIPAL cDONTr LOS 4NST.LES March T9. 1984 Notary Public in and for State. >< fres .a My Commisal00 E P aNaIENT�,aMnl—wakerh WE 231`41eP. 344 National Fire Insurance Company of Hartford /MsuALAsrcrPROOF CNA Offices/Chicago, minis • • POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men by these Presents, That the NATIONAL FIRE INSURANCE COMPANY OF H and existing under the laws of the State of Connecticut, and having its general administrative of Illinois, does hereby make, constitute and appoint Diane E. Wills, Individual of Los its true and takings and full power and autho of similar nature as Without Limitations RD, a corporation duly organized in the City of Chicago, and State to sign, seal and execute in its behalf bonds, under - and to bind the NATIONAL FIRE INSURANCE COMPANY OF HARTFORD thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of NATIONAL FIRE INSURANCE COMPANY OF HARTFORD and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 21. 1955 by the Board of Directors of the Company. RESOLVED: That the President, an Executive Vice President or any Vice President of the Corporation may, from time to time, appoint, by written certificates, Attorneys -in -Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such Attorneys -in -Fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President, an Executive Vice President, any Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney -in -Fact. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held pn the 14th day of May, 1964. RESOLVED: That the signature of the President, an Executive Vice President or a Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 21, 1955 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Corporation. In Witness Whereof, the NATIONAL FIRE INSURANCE COMPANY OF HARTFORD has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed this 4th day of December 19 80 FJKNCE COMPANY OF HARTFORD •:� ...._. -,�` . W Vice President. .ung. State of Illinois, County of Cook, as: On this 4th day of December , 19 80 , before me personally came R. J. Wall to me known, who, being by me duly swom, did depose and say: that he resides in theVillage of Western Springs State of Illinois; that he is a Vice -President of the NATIONAL FIRE INSURANCE COMPANY OF HART- FORD, the corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. n+0�a f N�a9 ^ //J� (�, j/In W NOTARY 6 t'CA.J 1 1 m i I` JJ 0 M_J -M o vusuc Edward J. Ha n III Notary Public. �'rcovn My Commission Expires May 12, 1984 CERTIFICATE I, P. F. Granahan , Assistant Secretary of the NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the Resolutions of the Board of Directors, set forth in said Power of Attorney are still in force. In testimony whereof I have hereunto subscribed by name and affixed the seal of the said Company this 22nd day of January rt - , 19 81 (:5. °f-rra, P. F. Grana � s t- 6 -29142-B n 10606 It;:CORDING RROUESTED BY AND WHEN RECORDED RETURN TO: City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto Zan .Tuan 6s#atrgrto, CA 92675 RECORDED IN OFFICIAL RECORDS EXEMPT OF ORANGE COUNTY, CALIFORNIA .0 5 6 past 10 AM MAK 9 1881 BK 13973PG 1755 RECORDING FEES EXEMPT DUE. IO GOVERNMENT CODE SECTION 6103 MARY ANN,PANOVER, City Clerk San Juan Capistrano, California TRACT NO. 97R4 LEE A. BRANCH, CountyRecoid!► , 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 MORELAND DEVELOPMENT COMPANY, a California Corp whose mailing address is P. O. Box 7600 Los Angeles, CA 90051 hereinafter called the "Subdivider". WITNESSETH: THAT, WHEREAS, Subdivider has filed with the Planning Commission of the City a tentative map for a proposed subdivision, known as Tract No. 9784 , 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 map until a time subsequent to the acceptance and recordation of the final map of said subdivision, by entering into an agreement and providing the improvement security required to assure the furnishing and instal- lation of said improvements within the time herein provided. NOW, THEREFORE, in consideration of the premises and the ap- proval of the final 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 map, the Subdivider hereby undertakes, promises and agrees as follows: 1. Subdivider will, at his (its) own cost and expense, im- prove said tract 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 ease- ments, construction of concrete curbs, gutters, cross gutters and side- walks, installation of storm drainage and sanitary sewerage facilities, installation of underground conduit street -lighting system, the instal- lation of all street name signs, and the supplying and planting of all parkway trees, together with the installation of all appurtenances, 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, prp- vide and install all on-site and off-site water mains and appurtenances and�will provide all labor and material to connect the same to exist- ing mains and facilities of the Orange County Waterworks District #4, 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 Dist;-i.ct, incorporated herein by reference. BK 13973Pe 175a TRACT NO. 9784 3. Subdivider agrees to pay all applicable fees assigned by City. For purposes of this agreement, applicable fees shall be de- fined as all fees that may be legally assessed through City's ordinances and resolutions as conditions of approving subdivider's subdivision and proposed improvements. 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 faith- ful 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 follow- ing 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 subcon- tractors, 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 specifica- tions 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 improve- ment 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 dp BK 13973Pe 1 �57 TRACT MAP NO. 97 4 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. Executed at San Juan Capistrano, California, this 17th day of February , 1981 ATTEST: San Juan C istra o City Clerk APPROVED AND RECOMMENDED FOR EXECUTION: City Engilneer APPROVED AS TO FORM: r o District A4 vATE OF ci'',rFOrwk couNfy pr ORAbIC CITY OF SAN JUAN CAPISTRANO OFFICIAL SEAL a ' ` MARY ANN HANOVER e ar '•Jm'1 NOTARY 0U81K CA1-F 1RNIA y? oPANGE COUNTY - APR z lsaa M mom e x tcs P 0 Y P SUBDIVIDER MORELP_ND DEVELOPMENT C014PANY, a California corporation BY�ZZj422,1,nj2 Signature J Gordon President Office Held CITY OF SAN JUAN CAPISTRANO BY Philli R. Schwartz4Maypro tem pq__ February 17 berate me, the undersigned, a Notary Public in and for the said Statc, personally appeared PHILLIP R. SCHWARTZE _ ho„ n to too to be the _Maysr—Rro Tem known to nit to be the_ _--&oratyt of City of 'San Juail Capistrano municipal __ the%Corporation that occuled the willnn Instrument, f.noc;ato rce to be the persons who executed the wilhin Instrument, on behalf of tna Corporation liucin named, and acknowh:d_;ed to me that such Cupuraticn executed the within Instrumentpursuant to its bylaws or a resolution of its board of directors. MINESS ray had and official seal. to wry Pubhc in aid for said Slate. STATE OF CALIFORNIA. A COUNTY OF ORANGE SL CITY OF SAN JUAN CAPISTRANO ON February 18 jg 81 y �1 before me, the undersigned, a Notary Public in and for the said State, personally appeared known to me to be the President, and MARY ANN IAdQ7dER known to me OFFICIAL SEAL to be the City Clerk_x�Cof City of San Juan Capistrano RUTH i MARQUARD cipa1 e< NOTARY PUBUC • CAt.IF0 NIA the/Corporation that executed the within Instrument, known to me to be the persons who ORANGE COUNTY executed the within Instrument, on behalf of the Corporation herein named, and acknowledged Ary comm. expires MAY 23, 1584 to me that such Corporation executed the within Instrument pursuant to its bylaws or a �— resolution of its board of directors. WITNESS my hand and official seal. Rotary Pudic in and lo[ sai , late. ACItKOwIFDi:M[N[-Corp-P,o. iesc.—Wolcotli IaimYa4=Aer.7t4 �'— - ------' STATE OF CALIFORNIA, COUNTY OF LOS ANGELES �rinnrnunnmm�nnpmmnrmimm�umnmenummmm�mnmimm�M I r OFFICIAL SEAT MAUREEN M. CAVO I °i NOTARY PUBLIC -CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY My Commission Expires November 14, I981 INXIMNdNWINMNNNIWNNfMNNNNIINWIIIIlNgllllNdilNIINNIII1NNWfflllllNl111lNNMNNHd Irk Form ss. BK 13973po 1758 ON __ January 22, 19-81, before me, the undersigned, a Notary Public in and far said State, personally appeared J . A, Gordon known to me to be the President, and,known to me to be the Secretary of Moreland Developent the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the Corporation herein 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. �A— NAME (TYPED DR PRINTED) Notary Public in and for said State. co LL_ a :u 7 OOH C> LQcl W m rn Q c 6 ss. BK 13973po 1758 ON __ January 22, 19-81, before me, the undersigned, a Notary Public in and far said State, personally appeared J . A, Gordon known to me to be the President, and,known to me to be the Secretary of Moreland Developent the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the Corporation herein 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. �A— NAME (TYPED DR PRINTED) Notary Public in and for said State. 0 0 15. RESOLUTION, NOTICE OF COMPLETION AND RELEASE (85) The public improvements for Tract 9784 were completed and accepted by the City Inspector, as set forth in the report dated January 4, 1983, from the Director of Public Works. Acce tance of Work: T e o owl g Resolution was adopted: RESOLUTION NO. 83-1-4-1 IMPROVEMENTS - TRACT 9784 (MORELAND DEVELOPMENT) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS - TRACT 9784 (MORELAND DEVELOPMENT) The Resolution accepts the project as complete and directs the City Clerk to forward the Notice of Completion to the County Recorder within 10 days. Release of Surety: The following bond from National Fire Insurance Company was extended to January 4, 1984: Bond Number Faithful Performance 5534282 Amount $1,225,000 Authorization was granted to release the bond following successful completion of a one-year maintenance period. The following bonds from National Fire Insurance Company are to be released upon expiration of 35 days from recordation of the Notice of Completion: Labor & Materials 5534282 1,225,000 Monumentation 5534283 12,500 �) HI ( 3 N AGENDA ITEM January 4, 1983 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Resolution, Notice of Completion, Release of Surety, Tract 9784, Connemara Dr./Camino Las Ramblas (Moreland Development) STTUATTON The developer of the subject tract has requested that the City accept the public improvements and release the corresponding 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 for this tract are: Surety Number Amount Company Purpose Bond 5534282 $1,225,000 National Fire Ins. Co. Labor & Materials Bond 5534282 $1,225,000 " Faithful Performance Bond 5534283 $ 12,500 to Monumentation FINANCIAL CONSIDERATIONS There is no cost or compensation to the City by this action. ALTERNATE ACTIONS 1. Accept the public improvements. 2. Do not accept the public improvements. 3. Request further information from staff. RECOMMENDATION By resolution, determine that the work resulting from Tract 9784 has been completed and declare the work to be accepted; direct that within ten days from the date of acceptance a Notice of Completion be filed with the Orange County Recorder. By motion, require an extension of the Faithful Performance surety for public improvements to January 4, 1984; and authorize staff to exonerate the Labor and Materials and Monumentation sureties upon the expiration of thirty-five days from the filing of the Notice of Completion. Authorize staff to release the Faithful Performance surety after one year maintenance period. Re� ;1�,'�/�%!�bmitted, W. D. Murphy� WDM:CMB/rem Encl. r� FOR CITY GUUNUL AGENDA ... �/ d.00 RESOLUTION NO. 83-1-4-1 • COMPLETION OF PUBLIC IMPROVEMENTS - TRACT 9784 MORELAND DEVELOPMENT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS - TRACT 9784 (MORELAND DEVELOPMENT) WHEREAS, the City of San Juan Capistrano has entered into an agreement with Moreland Development for the construction of public improvements in Tract 9784; and, WHEREAS, the Director of Public Works has evaluated the final quantities and cost figures and recommends approval. NOW, THEREFORE, 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 subdivider has 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 4th day of January , 1983 , by the following vote, to wit: AYES: Councilmen Friess, Hausdorfer, Bland, Schwartze, and Mayor Buchheim NOES: None ABSENT: None % ENCE F. St EIM, MAYOR ATTEST::/ / G CITY CLERK/ -1- 7 0 STEPHEN D. JOHNSON ATTORNEY AT LAW RECEIVEQ JIB 1' t 08 Pm *I? July 15, 1982 { i• The City of San Juan Capistr'aAo 32400 Paseo Adelanto San Juan Capistrano, Ca. Attn: County Clerk RE: Payment Bond on Tract No. 9784 Dear Sir: 0- ASHTON PLAZA 17662 IRVINE BOULEVARD. SUITE B POST OFFICE BOX 1072 TUSTIN, CALIFORNIA 92680 TELEPHONE (714) 038-6202 Please send me a copy of the payment bond -public work filed by Moreland Development Company with regard to the public improvements on tract 9784. This is the payment bond described in Section 3287 of the Civil Code. I do not need a copy of the performance bond. Enclosed is a check for $2.00. Thank you f your courtesy and cooperation. STEPHEN . JOHNSON SDJ/maw Enclosure n, 1. APPROVAL OF NEW SUBDIVISION AGREEMENT - CAMINO LAS RAMBLAS, TRACT 9784 (MORELAND DEVELOPMENT COMPANY) ✓(38) Written Communications: (85) Report dated February 17, 1981, from the Director of Public Works advising that Longbar Grinding, Inc., transferred title of the area known as Tract 9784 to Moreland Development Company on January 29, 1981. The new owner/developer has submitted a new Subdivision Agreement and new surety, which are acceptable to the City. Approval of Agreement: It was moved by Councilman Buchheim, seconded by Councilman Friess and unanimously carried to approve the new Subdivision Agreement with Moreland Development Company for the installation of public improvements within Tract 9784, to authorize the Mayor pro tem and City Clerk to execute the Agreement on behalf of the City, and to authorize recordation of the Agreement. The Agreement previously entered into with Longbar Grinding, Inc., was rescinded. �5T AMER�C 9 January 29, 1981 0 is First American Title Insurance Company 114 EAST FIFTH STREET, (P. O. BOX 267) SANTA ANA, CALIFORNIA 92702 • (714) 558-3211 e City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, Calif. 92675 Attn: Marty Bryant CERTIFIED MAIL Dated: Jan- 29, 1981 Order No: 131 2281 —RF Escrow No: aamp We have completed the above numbered escrow and enclose the following checked items: Check for $ representing Check for $ representing Final settlement statement Seller's, Buyer's Escrow instructions Seller's, Buyer's Note for $ dated Copy of Deed of Trust Payment book Fire insurance policy number Copy Copy Original _ Original, issued by as required in Escrow,_ for your disposition. Fire insurance letter Fire insurance binder issued by Policy of Title Insurance Termite report Notice of termite or structural work completed XXXX Bond for Improvements, Construction, Agreement for Construction and Subdivision agreement. Any recorded documents to which you may be entitled, and your policy of title insurance, if not enclosed, will follow under separate cover. In the event your deed was recorded after the first day of March, we suggest that you list your property with the County Assessor in order that you may receive future tax bills promptly. First installment of taxes becomes delinquent on December 10 and the second installment on April 10. Thank you for giving us the opportunity to serve you. We invite you to call upon us whenever we can be of assistance. 1. Mea Alci r Rosie Frank Escrow Officer Encl. General Transmittal Letter 1304 (7/76)