1975-1105_CAL FED ENTERPRISES_AgreementAGREEMENT
THIS AGREEMENT, MADE AND ENTERED INTO THIS 5th DAY OF November,
19 75 , BY AND BETWEEN CAL FED ENTERPRISES
HEREINAFTER DESIGNATED AS "SUBDIVIDER" AND THE CITY OF SAN JUAN CAPISTRANO,
HEREINAFTER DESIGNATED AS "CITY":
W I T N E S S E T H:
WHEREAS, THE SUBDIVIDER HAS PREPARED AND OFFERED FOR ACCEPTANCE BY
THE CITY A FINAL MAP OF TRACT No. 7387
COUNTY OF ORANGE, AND
IN THE CITY OF SAN JUAN CAPISTRANO,
WHEREAS, THE SUBDIVIDER BY SAID MAP OFFERS FOR DEDICATION TO THE
CITY FOR PUBLIC USE THE STREETS AND EASEMENTS AS SHOWN ON SAID MAP, AND
WHEREAS, THE AFORESAID FINAL TRACT MAP IS IN ORDER AND READY FOR
ACCEPTANCE BY CITY.
NOW, THEREFORE, IN CONSIDERATION OF THE ACCEPTANCE OF THE STREETS
AND EASEMENTS SHOWN ON THE FINAL MAP OF TRACT N0. 7387 , CITY OF SAN JUAN
CAPISTRANO BY THE CITY, THE PARTIES HERETO AGREE AS FOLLOWS:
1. SUBDIVIDER SHALL SET MONUMENTS AND CONSTRUCT AND INSTALL.ALL
OF THE STREET IMPROVEMENTS, STREET LIGHTING SYSTEM, SEWERS AND DRAINS FOR TRACT
No. }387 THE PLANS FOR SAID STREET I& ROVEM,ENTS ARE NOW ON FILE WITH THE
CITY CLERK OF THE CITY OF SAN JUAN CAPISTRANO AND ARE BY THIS REFERENCE MADE
A PART HEREOF.
2. THE SUBDIVIDER SHALL FURNISH TO THE CITY GOOD AND SUFFICIENT
PERFORMANCE AND LABOR AND MATERIAL BONDS EXECUTED BY A CORPORATION AUTHORIZED
TO TRANSACT SURETY BUSINESS IN THE STATE OF CALIFORNIA IN THE SUM OF
$38,.900 00 AND APPROVED BY THE CITY OR IN LIEU OF SAID
BONDS TO DEPOSIT WITH THE't-ITY A SUMOF $38.900.00
TO ASSURE THE FAITHFUL PERFORMANCE OF THIS AGREEMENT.
- 1 -
I
I%
3. THAT THE WORK HEREIN REQUIRED TO BE DONE BY THE SUBDIVIDER
SHALL ON THE WRITTEN REQUEST OF THE SUBDIVIDER MADE TO THE CITY ENGINEER
BE INSPECTED BY HIM AND IF FOUND TQ BE IN ORDER, ACCEPTED AS IT PROGRESSES.
IN SUCH CASE THE SUBDIVIDER SHALL BE ENTITLED TO A PARTIAL REFUND OF MONEY
DEPOSITED TO SECURE FAITHFUL PERFORMANCE, IN A SUM IN THE SAME RATIO TO THE
TOTAL MONEY DEPOSITED AS THE WORK ACCEPTED BEARS TO THE TOTAL WORK TO BE
DONE, PROVIDED THAT THE CITYIS ENGINEER HAS FIRST CERTIFIED TO THE CITY
COUNCIL THAT AMOUNT OF WORK COMPLETED AND TO BE ACCEPTED AND THE AMOUNT OF
PARTIAL REFUND TO WHICH THE SUBDIVIDER IS ENTITLED AND THE CITY COUNCIL APPROVE
SUCH REFUND AND FURTHER PROVIDED THAT NO REFUND IN EXCESS OF EIGHT -FIVE PERCENT
(85%) OF THE TOTAL AMOUNT OF THE ORIGINAL DEPOSIT SHALL BE MADE UNTIL ALL
OF THE WORK IS COMPLETED AND ACCEPTED. -
Q. THE SUBDIVIDER -AGREES TO COMMENCE THE CONSTRUCTION AND INSTALL-
ATION OF SAID IMPROVEMENTS WITHIN 180 DAYS FROM THE APPROVAL OF SAID MAP BY
THE CITY AND SHALL COMPLETE SAID WORK WITHIN 365 DAYS FROM THE DATE OF SAID
APPROVAL.
THIS AGREEMENT IS ENTERED INTO PURSUANT TO THE PROVISIONS OF DIV. 4,
PT. 21 CH. 21 ART. 9 OF THE BUSINESS AND PROFESSIONS CODE OF THE STATE OF
CALIFORNIA. IN WITNESS WHEREOF,
HAS EXECUTED THESE PRESENTS AS THE SUBDIVIDER, AND THE CITY OF SAN JUAN CAPISTRANO
HAS CAUSED THESE PRESENTS TO BE EXECUTED BY THE MAYOR OF THE CITY COUNCIL AND
ATTESTED BY THE CITY CLERK AND EX -OFFICIO CLERK OF THE CITY COUNCIL, AS THE CITY,
THE DAY AND YEAR IN THIS INSTRUMENT FIRST ABOVE WRITTEN.
CAL FED ENTERPRISES, A California Corporation
NAME
APPROVED AS TO FORM
......... . ...:.....y. 'o Assistant Secretary
.. .. NAME TITLE
ATTEST: CITY OF SAN JUAN CAPISTRANO
BY
CITY C K- MARY ANN RMOVER B. WHATHiSKEsf r,AYOR
-r I
TO 1943 CA (6-]9)
(Corporation)
STATE OF CALIFORNIA
COUNTY OF Los Angeles ss.
TITLE INSURANCE
AND WAIST
A¶CON COMPANY
me, the undersigned, a Notary Public in and for said
State, personally appeared rr • n uucl z
known to me to be the president, and HIII1 pn M RD kman
known to me to be Assistant Secretary
of the corporation that executed the within Instrument,
known to me to be the persons who executed the within
Instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the : A OFFICIAL SEAL
within instrument pursuant to its by-laws or a resolution of BETTY JEAN JOHNSON •
its board of directors. 0 nOTARY Pu 3UC — CALIF9RIJA i
WITNESS my hand and official seal.
Signature 22 --oc
PRINCIPAL OEPCf I
10" lNi.=LES GUUNTY
j My Commiss-on Expires lune 13, 1976 •
(This area for ol6cial notarial wall
0
A G R E E M E N T
•
HEREINAFTER DESIGNATED AS "SUBDIVIDER" AND THE CITY OF SAN JUAN CAPISTRANO,
HEREINAFTER DESIGNATED AS «CITY'f:
W I T N E S S E T H:
WHEREAS, THE SUBDIVIDER HAS PREPARED ANI) OFFERED FOR ACCEPTANCE BY
THE CITY A FINAL MAP OF TRACT No. 8786 IN THE CITY OF SAN JUAN CAPISTRANO,
COUNTY OF ORANGE, AND. -
WHEREAS, THE SUBDIVIDER BY SAID MAP OFFERS FOR DEDICATION TO THE
CITY FOR PUBLIC USE THE STREETS AND EASEMENTS AS SHOVIN ON SAID MAP, AND
WHEREAS, THE AFORESAID FINAL TRACT NIAP IS IN ORDER AND READY FOR
ACCEPTANCE BY CITY.
NO'i7, THEREFORE, IN CONSIDERATION OF THE ACCEPTANCE OF THE STREETS
AND EASEMENTS SHOWN ON THE FINAL MAP OF TRACT N0. 8786 , CITY OF SAN JUAN
CAPISTRANO BY THE CITY, THE PARTIES HERETO AGREE AS FOLLOWS:
1. SUBDIVIDER SHALL SET MONUMENTS AND CONSTRUCT AND INSTALL ALL
OF THE STREET IIj�,PROVEMENTS, STREET LIGHTING SYSTEM, SEWERS AND DRAINS FOR TRACT
N0, 8786 THE PLANS FOR SAID STREET 1UPROVEMENTS ARE NO',t ON FILE WITH THE
CITY CLERK OF THE CITY OF SAN JUAN CAPISTRANO AND ARE BY THIS REFERENCE MADE
A PART HEREOF.
2. THE SUBDIVIDER SHALL FURNISH TO THE CITY GOOD AND SUFFICIENT
PERFORMANCE AND LABOR AND MATERIAL BONDS EXECUTED BY A CORPORATION AUTHORIZED
TO TRANSACT SURETY BUSINESS IN THE STATE OF CALIFORNIA IN THE SUf.7 OF
$23,400.00 AND APPROVED BY THE CITY OR IN LIEU OF SAID
BO..DS TO DEPOSIT WITH THE CLITY A SUM OF $23,400.00
TO ASSURE THE FAITHFUL PERFOR'AANCE OF THIS AGREEMENT.
- 1 -
THIS
AGREEfj;ENT, MADE
AND ENTERED INTO THIS
5th DAY OF
November,
19
75 ,
BY AND
BETWEEN CAL FED
ENTERPRISES,
HEREINAFTER DESIGNATED AS "SUBDIVIDER" AND THE CITY OF SAN JUAN CAPISTRANO,
HEREINAFTER DESIGNATED AS «CITY'f:
W I T N E S S E T H:
WHEREAS, THE SUBDIVIDER HAS PREPARED ANI) OFFERED FOR ACCEPTANCE BY
THE CITY A FINAL MAP OF TRACT No. 8786 IN THE CITY OF SAN JUAN CAPISTRANO,
COUNTY OF ORANGE, AND. -
WHEREAS, THE SUBDIVIDER BY SAID MAP OFFERS FOR DEDICATION TO THE
CITY FOR PUBLIC USE THE STREETS AND EASEMENTS AS SHOVIN ON SAID MAP, AND
WHEREAS, THE AFORESAID FINAL TRACT NIAP IS IN ORDER AND READY FOR
ACCEPTANCE BY CITY.
NO'i7, THEREFORE, IN CONSIDERATION OF THE ACCEPTANCE OF THE STREETS
AND EASEMENTS SHOWN ON THE FINAL MAP OF TRACT N0. 8786 , CITY OF SAN JUAN
CAPISTRANO BY THE CITY, THE PARTIES HERETO AGREE AS FOLLOWS:
1. SUBDIVIDER SHALL SET MONUMENTS AND CONSTRUCT AND INSTALL ALL
OF THE STREET IIj�,PROVEMENTS, STREET LIGHTING SYSTEM, SEWERS AND DRAINS FOR TRACT
N0, 8786 THE PLANS FOR SAID STREET 1UPROVEMENTS ARE NO',t ON FILE WITH THE
CITY CLERK OF THE CITY OF SAN JUAN CAPISTRANO AND ARE BY THIS REFERENCE MADE
A PART HEREOF.
2. THE SUBDIVIDER SHALL FURNISH TO THE CITY GOOD AND SUFFICIENT
PERFORMANCE AND LABOR AND MATERIAL BONDS EXECUTED BY A CORPORATION AUTHORIZED
TO TRANSACT SURETY BUSINESS IN THE STATE OF CALIFORNIA IN THE SUf.7 OF
$23,400.00 AND APPROVED BY THE CITY OR IN LIEU OF SAID
BO..DS TO DEPOSIT WITH THE CLITY A SUM OF $23,400.00
TO ASSURE THE FAITHFUL PERFOR'AANCE OF THIS AGREEMENT.
- 1 -
3. THAT THE '.'.,OR- HEREIN REQUIRED TO BE DONE BY THE SUBDIVIDER
SHALL ON THE WRITTEN REQUEST OF THE SUBDIVIDER MADE TO THE CITY ENGINEER
BE INSPECTED BY HIM AND IF F0UND TO BE IN ORDER, ACCEPTED AS IT PROGRESSES.
IN SUCH CASE THE SUBDIVIDER SHALL BE ENTITLED TO A PARTIAL REFUND OF MONEY
DEPOSITED TO SECURE FAITHFUL PERFORMANCE, IN A SUM IN THE SAME RATIO TO THE
TOTAL MONEY DEPOSITED AS THE PIORK ACCEPTED BEARS TO THE TOTAL WORK TO BE
DONE, PROVIDED THAT THE CITY'S ENGINEER HAS FIRST CERTIFIED TO THE CITY
COUNCIL THAT AMOUNT OF WORK COMPLETED AND TO BE ACCEPTED AND THE AN,-OUNT OF
PARTIAL REFUND TO WHICH THE SUBDIVIDER IS ENTITLED AND THE CITY COUNCIL APPROVE
SUCHREFUND AND FURTHER PROVIDED THAT NO REFUND IN EXCESS OF EIGHT -FIVE PERCENT
(85%) OF THE TOTAL AMOUNT OF THE ORIGINAL DEPOSIT SHALL BE MADE UNTIL ALL
OF THE WORK IS COMPLETED AND ACCEPTED.
4. THE SUBDIVIDER AGREES TO COMMENCE THE CONSTRUCTION AND INSTALL-
ATIOiI OF SAID IMPR0VEMENTS :'IITHIN 18O DAYS FROM THE APPROVAL OF SAID MAP BY
THE CITY AND SHALL COMPLETE SAID WORK WITHIN 365 DAYS FROM THE DATE OF SAID
APPROVAL.
THIS AGREEMENT IS ENTERED INTO PURSUANT TO THE PROVISIONS OF DIV, 4,
PT. 2, CH. 2, ART. A OF THE BUSINESS AND PROFESSIONS CODE OF THE STATE OF
CALIFORNIA. IN WITNESS ViHERECF,
HAS EXECUTED THESE PRESENTS AS THE SUBDIVIDER, AND THE CITY OF SAN JUAN CAPISTRANO
HAS CAUSED THESE PRESENTS TO BE EXECUTED BY THE MAYOR OF THE CITY COUNCIL AND
ATTESTED BY THE CITY CLERK AND EX -OFFICIO CLERK OF THE CITY COUNCIL, AS THE CITY,
THE DAY AND YEAR IN THIS INSTRUMENT FIRST ABOVE WRITTEN.
0
rm
I o
• ar,
ATTEST:
CAL FED E ERPRISES, a California corporation
E Vice President TITLE -
m Assistant Secretary T I TLE
CITY OF SAN JUAN CAPISTRANO
By - ZQZ-4xl�
CITY CL K MARY ANN HANOVER E K. WEATHERS7 t'.^ YOR
TO 1945 CA (9-74)
(Corporation)
STATE OF CALIFORNIA
ss.
COUNTY OF Los Angeles j
7111E INSURANCE
AND TRUST
ATrOR WMPANY
me, the undersigned, a Notary Public in and for said
State, personally appeared riarman U. Ku I I
known to me to be the Vice President, and Helen M. Ro -kman
known to me to be Assistant Secretary
of the corporation that executed the within Instrument,
known to me to be the persons who executed the within ♦,�♦••••••♦••••••••♦•••♦•••♦♦♦_
Instrument on behalf of the corporation therein named, and : OFFICIAL SEAL
acknowledged to me that such corporation executed the ♦ BETT`f JEAN JOHNSON
within instrument pursuant to its by-laws or a resolution of * .y NOTARY PUBLIC — c4uNSO
its board of directors. • PRI14CIPAL OFFICE IN
WITNESS my hand and official seal. i LOS ANGELES COUNTY
My Commission Expires lune 13, 1976
la. ....
Signature \ /e4'
(This area for official notarial sea[)
H6
32400 PASEO ADELANTO
SAN JUAN CAP15TRANO. CALIFORNIA 92675
'VIAONE 493-1171
April 10, 1979
Cal -Fed Enterprises
5670 Wilshire Blvd.
Los Angeles, CA 90036
Attention: Ms. Denise Titus
Dear Ms. Titus:
Please consider this letter the authorization to your bonding..
company to release the faithful performance bonds they are
holding on Tracts 7541, 7542, 7672, 7760 and 87AA- The bond
numbers are: 001662 in the amount of $295,000 and002651 in
the amount of S23.400. All public improvements covered by
these bonds have been completed to the City's satisfaction.
Please contact me if you have any other questions.
Very.truly yours,
CITY OF SAN JUAN CAPISTRANO
* za.ne E 4
0
Pri citral ngineering Aide
Irem
cc: City Clerk ✓
..rte
3•;40D PASE OA9ElAN T10 � ,
SAN JUAN CAAISTRANO, CALIFORNIA 92675
KHONE 491.117)
March 30, 1978
Zellner Communities
3190-C Airport Loop Drive
Costa Mesa, California 92626
Attention Lesley Weir
Re: Release of Bonds, Tract 8786, and
rabuco Creek Road
Gentlemen:
At their meeting of March 15, 1978, the City Council
took the following actions:
Tract 8786:
I►►— Required an extension of Faithful Performance
Bond No. 002651, in the amount of $23,400, to
March 15, 1979;
2. Released Labor and Material Bond No. 002651, in
the amount of $23,400;
3. Released Monumentation Bond No. 002652, in the
amount of.$1,500.
Trabuco Creek Road, Tracts 7541, 7542, 7672, and 7760-
T.
Required an extension of Faithful Performance Bond
No. 001662, in the amount of $295,000, to March 15,
1979;
2. Released Labor and Material Bond No. 001662,
The bonds which were released are enclosed herewith.
Thank you for your patience. I appreciate your cooperation
in this matter.
Very truly yours,
(MRS) MARY'. ANN IIANOVER
City Clerk
MAR/cj
Enclosures
cc: Director of Public Works
Lyle Anderson, Cal Fed Insurance
(original bonds enclosed)
111.7% e.e pIeA of Q604 0 5 QeItA 14+ 4R -1T �c wr $ 5 Tie jA �
OCOVENANT MUTUAL INSURANCE COMPANY
group '
SUBDIVISION IMPROVEMENT BOND Bond No. 002651
FAITHFUL PERFORMANCE (CALIFORNIA) Initial Premium $ 234. 0 0
KNOW ALL MEN BY THESE PRESENTS, That CAL FED ENTERPRISES
as Principal and the
COVENANT MUTUAL INSURANCE COMPANY, a Corporation organized and existing under the laws of
the State of Connecticut and authorized to transact surety business in the State of California, as Surety, are held
and firmly bound unto CITY OF SAN JUAN C A P I S T R A N O , as Obligee,
in the sumof�W T FREE THOUSAND FOUR H N ,pollars($ , ),
rnry v-�_______�
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 THIS OBLIGATION IS SUCH, That WHEREAS, the Principal on
19_ entered into a certain Agreement or Contract with the Obligee wherein the Principal agreed to complete the
following improvements:
Subdivision Improvements - Tract No. 8786
as more fully set forth in said Agreement -
NOW, THEREFORE, if the Principal shall well and truly perform and fulfill all of the covenants, terms and conditions of
the said Agreement, then this obligation shall be null and void; otherwise to remain in full force and effect. Provided,
however: 1) That the consent of Surety shall be required for any extension of time to complete said improvements; 2)
That no right of action shall accrue hereunder to or for the benefit of any person, firm or corporation other than the
Obligee named herein.
Signed, sealed and dated October 21 '19 75 ,
CAL FED E N T E PRISES COVENANT MUTUAL INSURANCE COMPANY
Principal
B y : "L�_. By -"
Barbara Blumer Attorney -in -Fact
260 S. Los Robles Avenue, Ste.2
Pasadena, Ca. 91101 Address
State of California
County of Los Angeles
On this
day of October , 19—Z 5before me personally came
Blumer
to me known, who being by me duly sworn, did depose and say: that he is Attorney(s) -in-Fact of Covenant Mutual
Insurance Company, the Corporation described in and which executed the foregoing instrument; that he know(s)
the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that if was so affixed
by authority granted to him in accordance with the By -Laws of the said Corporation, and that he signed his name
thereto by like authority.
n,nx,n,wnmuWxmnMxmn,xxnxun
OFFICIAL OFFICIAL SEAL SMxWxMxlWxwllalmlI
amp
Cynthia A. Carmichael ! u
NOTARY PUBLIC CALIFORNIA qax (Notary Public)
PRINCIPAL OFFICE IN
= LOS ANGELES COUNTY
My Commisslon Expires June 30, 1978 c
V
TO 1945 CA (9-74)
(Corporation)
STATE OF CALIFORNIA
COUNTY OF Los Angeles SS.
State, personally
Tm.E INSURANCE
AND TRUST
ATCOa COMMW
me, the undersigned, a Notary Public in and for said
known to me to be the President,
63ItX1*xxat(115M W)mx
of the corporation that executed the within Instrument,
known to me to be the persons who executed the within
Instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the
within instrument pursuant to its by-laws or a resolution of
its board of directors.
WITNESS my hand and official seal.
Signet i `7-6 i/�
OFFICIAL SEAL
HELEN M. ROCKMAN
gym@: NOTARY PUBLIC - CALIFORNIA
S PRINCIPAL OFFICE IN t'
LOS ANGELES COUNTY
My Commission Expires Nov. 27, 1976
(This area for official notarial wall
• 1 !
AYES: Councilmen Hausdorfer, Schwartze, Thorpe
and Mayor Friess
NOES: Nene
ABSENT: None
1. APPROVAL Or WARRANTS
(41) The List of Demands dated March 15, 1978, Warrants Nos. 1.3599
through 13695, inclusive, in the total amount of $124,030.85
is approved as submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS
AS OF FE13RU RY 28-, 1y 78
(41) The City Treasurer's Report of Investments as of February 28,
1978, is approved as submitted.
3. CITY TREASURER'S REPORT Or 1911 ACT BOND
EL�INQUENCIMS-S—QI' FRBiLUARy 28, 1978
(41) The City Treasurer's Report of 1911 Act Bond Delinquencies
as of February 28, 1978, is approved as submitted.
4. CITY TREASURER'S REPORT OF FUND CASH BALANCES
AS OF DECEMBER 31. 1977
(41) The City Treasurer's Summary Statement of Fund Cash Balances
for the ten-month period ending December 31, 1977, is approved
as submitted.
5. REPORT OF PLANNING COMMISSION MEETINGS OF
FEBRUARY 14 AND 28, 1978
(67) The Report of actions taken by the Planning Commission at
the meetings of February 14 and 28,_19.78, is ordered
received and filed.
6. REPORT OF EQUESTRIAN ODMIIISSION ACTIONS OF
FEBRUARY 27, 197'9—
(23) The Report of actions taken by the Equestrian Commission at
the meeting of February 27, 1978, is ordered received and
iled.
? RELEASE OF BONDS, TRACT 8786
LELLRE 001I11UN1TIES
(85) The public improvements for Tract 8786 are accepted and the
following bonds are released: _
Labor and Material Bond No. 002651 in the amount
of $23,400, issued by Covenant Mutual Insurance Company.
Monumentation Bond No. 002652 in the amount of $1,500
issued by Covenant Mutual Insurance Company.
The following bond is extended to March 15, 1979:
Faithful Performance Bond No. 002651 in the amount of
$23,400, issued by Covenant Mutual Insurance Company.
8. RELEASE OF BONDS, TRABITCO CREEK ROAD ADJACENT TO VILLAGE
N JUAN.-TRACTSio, 75� 2, 7672, and 77 0�LELLN Eli C:01111UNITIES)
(85) The public improvements for Trabuco Creek Road are accepted
and the following bonds are released:
-6- 3/15/78
34400 PASEO ADELANTO
jj d
SAN JIIANOCAPISTRANO. GA4WORN1A 92675
\ � NE403.1 t7% k
February 27, 1979
Cal Fed Enterprises
5670 Wilshire Boulevard
Los Angeles, California 90036
Attention Wally Obers
Re: Release of Faithful Performance Bond -
Tract 7387
Gentlemen:
38
ort��,�,� lr,d
ccs
At their meeting of February 21, 1979, the City Council
authorized the release of the following bond for public improve-
ments in Tract 7387:
Subdivision Improvement Bond, Faithful Performance,
No. 002667, Covenant Mutual Insurance Company,
dated October 22, 1975, in the amount of $38,900.
A copy of that bond is enclosed for your information.
Thank you for your cooperation.
Very truly yours,
(MRS) MAR A�HANOVER
City Clerk
MAH/cj
Enclosure
cc: Zellner Communities
BrouU COVENANT MUTUAL INSURANCE COMPANY
SUBDIVISION IMPROVEMENT BOND
FAITHFUL PERFORMANCE (CALIFORNIA)
KNOW ALL MEN BY THESE PRESENTS, That
CAL FED ENTERPRISES
Bond No. 002667
Initial Premium $�—
as Principal and the
COVENANT MUTUAL INSURANCE COMPANY, a Corporation organized and existing under the laws of
the State of Connecticut and authorized to transact surety business in the State of California, as Surety, are held
and firmly bound unto CITY OF SAN JUAN C A P I S T R A N O , as Obligee,
inthesumoihir_ ty Fight Thousand Nine Hundred & MV6,19 38,900.00 )
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 THIS OBLIGATION IS SUCH, That WHEREAS, the Principal on
19_ entered into a certain Agreement or Contract with the Obligee wherein the Principal agreed to complete the
following improvements:
Subdivision Improvements - Tract 7387
as more fully set forth in said Agreement.
NOW, THEREFORE, if the Principal shall well and truly perform and fulfill all of the covenants, terms and conditions of
the said Agreement, then this obligation shall be null and void; otherwise to remain in full force and effect. Provided,
however: 1) That the consent of Surety shall be required for any extension of time to complete said improvements; 2)
That no right of action shall accrue hereunder to or for the benefit of any person, firm or corporation other than the
Obligee named herein.
Signed, sealed and dated October 22 1975 .
CAL FED OTR.PRISES COVENANT MUTUAL INSURANCE COMPANY
Principal - a �'
By ; �'.�-----
�-�y—f resaenf By, tl(�L�LGC�__�-LCtirn�i��
Barbara Blumer Attorney -in -Fact
260 E. Los Robles Avenue, Ste.
Pasadena, California191161dress
14
State of California
County of Los Angeles
On this
} ss.
day of O r t nh p r , I9_Z5 before me personally came
to me known, who being by me duly sworn, did depose and say: that he is Atforney(s)-in-Fact of Covenant Mutual
Insurance Company, the Corporation described in and which executed the foregoing instrument; that he know(s)
the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed
by authority granted to him in accordance with the By -Laws of the said Corporation, and that he signed his name
thereto by like authority,
a.n.htwwxwiwMwrn.eau
oFnca
Cynthia A.. Carmichael L
NOTARY PUBLIC CALIFORNIA e
PRINCIPAL OFFICE IN (Notary Public)
LOS ANGELES COUNTY i
My Commialon Expires June 30, 1978
TO I095 CA (8-]4)
(Corporation)
t
W
c
W
x
W
a
to
TITLE INSURANCE
AND TRUST
STATE OF CALIFORNIA } ATCOF COMPANY
COUNTY OF Los Angeles SS.
On OCtnbpr 24, 1975 before me, the undersigned, a Notary Public in and for said
State, personally appeared W_ A- Ohprs ,
known to me to be the President,
lMKKgd(diKydMxxxxxxxx xxxxxxx xxxx xgpt)UWX
of the corporation that executed the within Instrument,
known to me to be the persons who executed the within
Instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the
within instrument pursuant to its by-laws or a resolution of
its board of directors.
WITNESS my hand and official seal.
Signa u't r"Ie_� A'�2C.-.+
• OFFICIAL SEAL
• "` HELEN M. ROCKMAN
♦ 6ti NOTARY PUBLIC - CALIFORNIA
♦ „'i PRINCIPAL OFFICE IN
,3y Y LOS ANGELES COUNTY •
My Commission Expires Nov. 27, 1976
(This area for official notarial sea])
C�
J
AGENDA ITEM
February 21, 1979
TO: James S. Mocalis, City Manager
11
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Release of Faithful Performance Bond, Tract 7387
(Zellner Communities) (Village San Juan)
SITUATION
Due to Council action on December 21, 1977, (copy attached)
the Labor and Material Bond and the Monumentation Bond for
Tract 7387 were exonerated. The Faithful Performance Bond
was extendedto December 21, 1978. The public improvements
are now complete to the City's satisfaction and staff is
initiating release.
FINANCIAL CONSIDERATIONS
There is no financial impact on the City by this action other
than maintenance of the improvements.
ALTERNATE ACTIONS
1. Exonerate the Faithful Performance Bond for Tract 7387.
2. Do not exonerate the bond.
3. Request further information from staff.
RECOMMENDATION
By motion, exonerate the Faithful Performance Bond for public
improvements resulting from Tract 7387 and direct staff to
process the release.
Respectfully submit ed,
W. D. Murphy r
WDM:SE/rem
Encl.
FOR CITY COUNCIL AGENDA ..........
Ips
•
�
�
12. ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONDS
CC TRACT 7387 (ZELLNER C0MMUNITIES)
(85) The public improvements required for Tract 7387 have been
completed to the satisfaction of the City Inspector, monuments
i� have been set, and the engineer paid, for services rendered. It
was moved by Councilman Friess, seconded by Councilman McDowell
and unanimously carried to accept the public improvements resulting
from Tract 7387 and to require an extension of Faithful Performance
Bond No. 002667, Covenant Mutual Insurance Company, to December 21,
1978. The following bonds are ordered released as of January 24,
1978:
Labor and Material Bond No. 002667, Covenant Mutual
Insurance
Monument Bond No. 002666, Covenant Mutual Insurance
gyp• ,,p��`
CJC�/� O�CJ�IL
�Q/!L �af�tJf/�and
32k400PASEO ACELANTO:� i
SAN JUIN CAPISTRANO, CALIFORNIA! 92675
PHONE 493-117t f
January 4, 1978
Zellner Communities
4000 Birch Street, Suite 101
Newport Beach, California 92660
Attention- Leslie Weir
Re: Tract 7387 - Acceptance of Improvements
and Release of Bonds
Gentlemen:
At their meeting of December 21, 1977, the City Council
took unanimous action in accepting the public improvements for
Tract 7387 and to require an extension of Faithful Performance
Bond No. 002667 to December 21, 1978. Labor and Material Bond
No. 002667 and Monument Bond No. 002666 may be released as of
January 24, 1978; and, the bonds will be forwarded to you at
that time.
Pursuant to your request of December 22nd, a copy of
Page 11 of the December 21st Minutes, setting forth the action
taken as a part of the Consent Calendar, is enclosed.
Very truly yours,
%-
(MRS) MARY ANN HANOVER
City Clerk
MAH/cj
Enclosure
cc: Director of Public Works
0
group% COVENANT MUTUAL INSURANCE COMPANY
SUBDIVISION IMPROVEMENT BOND
LABOR AND MATERIAL (CALIFORNIA)
Bond No. 002667
KNOW ALG MEN BY THESE PRESENTS, That CAL FED ENTERPRISES
as Principal, and the
COVENANT MUTUAL INSURANCE COMPANY, a Corporation organized and existing under the laws of
the State of Connecticut and authorized to transact surety business in the State of California, as Surety, are held
and firmly bound unto CITY OF SAN JUAN CAPISTRANO
for the use and benefit of any and all ?%sppt?titL1ef 6%ftle g1N a Ly@4b �pction 11612, Business and Professions Code of
the State of California, in the sum of Dollars (s 3 8, 9 0 0 . 0 0 )
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 THIS OBLIGATION IS SUCH, That WHEREAS,
Contract with the Obligee, dated the day of
agreed to complete the following improvements:
the Principal entered into a certain Agreement or
19—, wherein the Principal has
Subdivision Improvements - Tract 7387
as more fully set forth in said agreement.
NOW, THEREFORE, if the Principal shall pay Contractor, his subcontractors, and persons renting equipment or fur-
nishing labor and materials to them for the improvement then this obligation shall be null and void; otherwise, to remain
in full force and effect.
THE AGGREGATE LIABILITY of the Surety for any and all claims hereunder shall in no event exceed the sum specified
in this bond.
TIME FOR FILING SUIT on this bond shall be limited to six (6) months from date of completion of said improvements
as "completion" is defined under applicable sections of the Civil Code of the State of California.
Signed and sealed this 2 2 day of October , 19 75-.
CAL FED ENTERPRISES COVENANT MUT UAL INSURANCECOMPANY
Principal
///j/") By /i /h22ic�
g y ; U. cam' President Barbara Blumer Attorney -in -Fact
260 S. Los Robles Ave. 11e.,214
Pasadena, Calif.
9 0 Address
State of California
County of Los Angeles
On this
} ss.
day of O r t n h p r , 19]5 before me personally came
to me known, who being by me duly sworn, did depose and say: that he is Atforney(s)-in-Fact of Covenant Mutual
Insurance Company, the Corporation described in and which executed the foregoing instrument; that he know($)
the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that if was so affixed
by authority granted to him in accordance with the By -Laws of the said Corporation, and that he signed his name
thereto by like authority.
IanlWeal,u,anMMlna
OFFICIAL SEAL 1
Cynthia A. Carmichael $
NOTARY PUBLIC CALIFORNIA s
PRINCIPAL OFFICE IN 41°w (Notary Public)
LOS ANGELES COUNTY
My Commission Expires June 30. 1978
�IaallaY9a9�y�„rwia9lMMwMw�axiawwwwllwwewxn
TO 1943 CA (9-74)
(Corporation)
t
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x
L
TrrLESU
INRANCE
AND
TRUST
STATE OF CALIFORNIA ISS ATIcuR COMPANY
covNTv of Los Ange7Ps f
O October 24 97F before me, the undersigned, a Notary Public in and for said
State, personally appeared W. A. OberS
known to me to be the --president, A X
of the corporation that executed the within Instrument,
known to me to be the persons who executed the within
Instrument on behalf of th@ corporation therein named, and
acknowledged to me that such corporation executed the
within instrument pursuant to its by-laws or a resolution of
its board of directors.
WITNESS my hand and official seal.
Signa
�♦♦�AOA♦Ao♦♦�A0000.o..00♦oA..♦
OFFICIAL SEAL A
HELEN M. ROCKMAN
♦ °°rb NOTARY PUBLIC -CALIFORNIA �
♦ PRINCIPAL OFFICE IN
LOS ANGELES COUNTY
My Commission Expires Nov. 27, 1976
•♦0000.0000000000.00000000.00+
(This area for official notarial Beall
COVENANT MUTUAL INSURANCE COMPANY
group
SUBDIVISION IMPROVEMENT BOND
FAITHFUL PERFORMANCE (CALIFORNIA)
KNOW ALL MEN BY THESE PRESENTS, That
COVENANT MUTUAL INSURANCE COMPANY,
the State of Connecticut and authorized to transact sc
and firmly bound unto CITY OF SAN JUAN C
Bond No. 002666
Initial Premium
D ENTERPRISES
as Principal and the
Corporation organized and existing under the laws of
V business in the State of California, as Surety, are held
I S T R A N O as Obligee,
in the sum ofUNt IHUUJANU VIVt HUN UKtU AIN L) nU/J.UuDollars($ I,ouU.UU )
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 THIS OBLIGATION IS SUCH, That WHEREAS, the Principal on
19_ entered into a certain Agreement or Contract with the Obligee wherein the Principal agreed to complete the
following improvements:
Monuments - Tract 7387
as more fully set forth in said Agreement.
NOW, THEREFORE, if the Principal shall well and truly perform and fulfill all of the covenants, terms and conditions of
the said Agreement, then this obligation shall be null and void; otherwise to remain in full force and effect. Provided,
however: 1) That the consent of Surety shall be required for any extension of time to complete said improvements; 2)
That no right of action shall accrue hereunder to or for the benefit of any person, firm or corporation other than the
Obligee named herein.
Signed, sealed and dated o r t n b e r 22 1975 .
R T S F S COVENANT MUTUAL INSURANCE COMPANY
Principal
B y .y��rPSlQfi By e
Barbara Blumer Attorney -in -Fact
260 S. Lns Rnbles Ave., Ste -214
Pasadena, Califcrn�f101 Address
State of California
County of Los Angeles
On this
day of O r t n b P r , 19]_5 before me personally came
to me known, who being by me duly sworn, did depose and say: that he is Aftorney(s)-in-Fact of Covenant Mutual
Insurance Company, the Corporation described in and which executed the foregoing instrument; that he know(s)
the seal of said Corporation; that the seal
by authority granted to him in accordance
thereto by like authority.
Iwewxlwnax
OFFICIAL SEAL
W
nthia A. CarmichaelTARY PUBLIC CALIFORNIAPRINCIPAL OFFICE IN
LOS ANGELES COUNTY
l Expims .lune 30, 1978
rwwlwwxw,
TO 1945 CA (8-74)
(Corporation)
affixed to said instrument is such corporate seal; that it was so affixed
with the By -Laws of the said Corporation, and that he signed his name
slew (Notary Public)
TITLE INSURANCE
AND TRUST
STATE OF CALIFORNIA l
COUNTY OF Los Angeles
1 $$. wncoa mr4rwar
On October 24 1975 before me, the undersigned, a Notary Public in and for said
State, personally appeared_ W. A. Obers
�kynyoywyn ttoy ymee ttoy�beeythe— Nom[ PI
kU*RA)` LX aVYfC•itit%t%fititititit%1ititititititititititiEV� j(
of the corporation that executed the within Instrument,
known to me to be the persons who executed the within
Instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the
within instrument pursuant to its by-laws or a resolution of
its board of directors.
WITNESS my hand and official seal.
Signa a )'r ,
OFFICIAL SEAL
0 HELEN M. ROCKMAN
• v� NOTARY PUBLIC - CAI IFORNIA c
♦ PRINCIPAL OFFICE IN 4'
• LOS ANGELES COUNTY
• My Commission Expires Nov. 27, 1976
(This arse for official notarial xal)