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
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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)