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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 W C W 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)