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1981-1203_CROW-SAN JUAN RANCH_Subdivision Agreementhereinafter 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 Parcel Map No. 80-857 , 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 underaround 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 r10 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, pro -- 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 District, incorporated herein by reference. .325 PM DEC 3'81' *r 5470BK1431On 1336 R} "ORDTNG RPOTTESTED RYPND RECORDIN*ES EXEMPT DUE TO *W11EN RECORDLD 1d]TURN TO: GOVERNMENT CODE SECTION 6103 City of San Juan Capistrano ^� Office of the City Clerk o� 32400 Pasco Adelanto MARY ANNN VER, Cite Clerk San Jud Capistrano, CA 92675 San Juan Capistrano, California L �= G EXEMPT C13 PARCEL MAP 80-851 c SUBDIVISION AGREEMENT THIS AGREEMENT, made pursuant to the provisions of Division 2 of Title 7 of --he Government Cod,-, of the State of Califcrr.ia, by and between the CITY OF SAN JUAN CAPISTRANO, a Municipal Corporation, hereinafter called the "City" and CROW -SAN JUAN RANCH, a limited partnership whose mailing address is 17941 Fitch Irvine, California 92714 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 Parcel Map No. 80-857 , 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 underaround 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 r10 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, pro -- 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 District, incorporated herein by reference. .325 PM DEC 3'81' *r . BK 143 10p 1337 PARCEL MAP 80-851 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 condition- - ivider's subdivision and proposed improvements. `,, 4. Subdivider she and sufficient bond in accordance with the provisic )ivision 2 of Title 7 of the Government Code, said bc" nount equal to the total estimated cost of work and i >e dedicated to City but inspected by City personnel. . conditioned upon faith- ful performance of this agre 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 ccmplete, a. --roved and accepted as completed by said City Council unless tic 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 i.nterprpt 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 tilt, dedications offered on the final map of said tract to the completion and acceptance of the improvements described herein, Subdivider shall ]WI -101111 ,ill wurl: in a :a.ifc, worl<manlil:c manner and shall take such -2- STATE OF CREIFOPMA, COUNTY OF • Orange )} IL E"111' 7�; OFFICIAL SEAL RUTH E IJ..'.RC,IARn NOTARY Or' ',I rC II'F IIRJ'jt Ir). 'Ty My Comm- expires PAAY 23, 19-14 B#( 14310n 1338 November I t 19--u l before me, j undersign d a Notary F lic in and for the said State, personally appeared A, 5t // 2,IL known to me to be lire President, and known to me to be the _ +**FV CIX Oi Prk the Cnipnration that executed the within Instrument, known to me to be the persons who executed the within Instrument, an bchall of trio Corporation herein named, and ackno.vledged 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. Notary Puulit im >InJ la sold SL o. ACIINOw/l UGMf N r— Cery.—Mee. l fec.—wnkelli was 716 -dee. ] 61 STATE OF CAMFORNIA, j COUNTY OF • Orange ON November 172 lg 81 before meha undersigned, a Notary�uhlic j0 and for the said personally appeared f � � � y�sF i known to me to he the MAor 1"OKM Pro Tempore known to me to be lire �Scitdi0ir�tbt SEaL OFFICIARY 'C' HN NAPJ HANOV th erporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of tiro Corporation herein named, and acknowledf;ud � NOTARY POW C Cal cORnER nA t to me that such Corporalion executed the within Instrument pursuant to its by or a board dIICe10f5. •, :;i ORANGE COUNTY TOSOIU110n Of IIS 01 <.,. My comm. exnjres APR 20, 1984 WITNESS myhand and official seal. ACKNowIIDCMt Nt—tdiy. IYa. 3Sec—weNolli (oiq n4 -11n. BK 143 1 GPB 1339 PARCFI, MAP 80-851 precautions as may be necessary to warn and protect the public from any dangerous condition caused by the construction of said improvements. 13. Subdivider shall hold City, its officers and employees harmless from any and all claims, demands, causes of action, liability or loss of any sort because of, or arising out of, the acts or omissions of the Subdivider, his contractor, subcontractors, agents or employees in the performance of this agreement. Executed at San Juan Capistrano, California, this 17th day of Nov r• , 19R1 ATTEST: San Juan pist ano City Clerk MARY ANN HANOVER APPROVED AND RECOMMENDED FOR EXECUTION: AlCM City ENgineer APPROVED AS TO FORM: ty Attorney J i ger or orange(uoun rworks District #4 STATE OF CALIFORNIA) ) ss COUNTY OF ORANGE ) SUBDIVIDER CROW -SAN JUAN RANCH, a limited partncr-s-h.ip BY DONALD RUSSELL General Partner (Office Held) CITY OF SAN JUAN C PISTRANO ._l BY ',A4RENCE F. B CHHEIM, MAYOR PRO TEM ON October 22 , 1981 , before me, the undersigend, a Notary Public in and for said State, personally appeared Donald Russell known to me, to be the person whose name is subscribed to the within_ instrument, and acknowledged that he executed the same. WITNESS my hand an offi i 1 seal. *usa�uusnu BERNARD MOrAN � �' BERNARD L MORANs NOTARY PUBLIC — CALIFORNIA 3 PRINCIPAL OFFICE IN �. ORANGECOUNTY 3 polomo fk L - MO PAW My Commission Expires Jan. 20, 19842 Name ( typed Or printed) rnuuxuo7 ALL SIGNATURES MUST BE NOTARIZED -3- • CONTRACT BOND -CALIFORNIA FAITHFUL PERFORMANCE -PUBLIC WORK ,ar-tl(YN Bond No. 8089 58 41 Initial premium charged for this bond is $ 75.00 subject to adjustment upon completion of contract at applicable rate on final contract price. KNOW ALL MEN BY THESE PRESENTS, That crow -San Juan Ranch. Ltd. of Irvine, California as Principal, and the Federal Insurance Company , a corporation organized and existing under the laws of New Jersey and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto City of San Juan Capistrano in the sum of Seven Thousand, Five Hundred and no/100 - dollars ($ 7,50n.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 October 22 1981, with the City of San Juan Capistrano to do and perform the following work, to wit: Subdivision Monuments in Tract Parcel Nap #80-851 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 day of October, 1981 CROW -SAN JUAN RANCH, Ltd. Pri ci al FEDERAL NS RANCE OMFANY by JBruc , Attorney in act N (5 m m n ti N t STATE OF CAIAFLORNIA COON OF Q SS. On —"�'7_ before me, the undersigned, ay rPublic in an for said County n $[ate, personally peared��— known to me to be of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. SignatureILL SAFECO FOR NOTARY SEAL OR STAMP 7"'C IAL SEAL L HALVERSON PUBLIC -CALIFORNIAONGE COUNTYmm, e'Pull IUL 23, 1985 �� e.T�G—vim 0 ACKNOWLEDGEMENT BY PRINCIPAL STATE OF COUNTY OF On this day of before me personally came known to me to be the title of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and year in the certificate first above written. Notary Public My Commission expires ACKNOWLEDGMENT BY SURETY STATE OF TEXAS COUNTY OF DALLAS On this 22nd day of October, 1981 , before me, a Notary Public, within and for said County and State, personally appeared Joe Bruce to me personally known who being duly sworn upon oath, did say that he is the Attorney -In -Fact of and for the Federal insurance company a corporation created, organized and existing under and by virtue of the laws of the State of New Jersey that the Corporate seal affixed to the foregoing within instrument is the seal of said Company, that the seal was affixed and the said instrument was executed by authority of its Board of Directors, and the said Joe Bruce did acknowledge that he executed the said instrument as the free act and deed of said Company. My Commission expires August 31, 1984 Notary Public jJ I, • Certihed Copy of . POWER OF ATTORNEY Know all Men by these Presents, That the FEDERAL INSURANCE COMPANY, 100 William Street, New York, New York, a New Jersey Corporation, has constituted and appointed, and does hereby constitute and appoint Janice G. Correy, Joe Bruce, Robert D. White, H. A. Gibson, W. Lawrence Brown, Dorothy Valek and William D, Baldwin of Dallas, Texas -------------------------_ each its true and lawful Attorney -in -Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to -wit: 1. Bonds and Undertakings (other than Fiduciary Bonds) filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking, in which the penalty of the bond or undertaking does not exceed the sum of Two Hundred Fifty Thousand Dollars ($250,000.00). 2. Surety Bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State, City, Town, Village, Board or other body or organization, public or private; bonds to Transportation Companies, Lost Instrument bonds, Lease bonds, Workmen's Compensation bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public offi- cials. 3. Bonds on behalf of Contractors in connection with bids, proposals or contracts. In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Laws, caused these presents to be signed by its Assistant Vice -President and Assistant Secretary and its corporate seal to be hereto affixed this 1st day of January 19 80 STATE OF NEW JERSEY ss: County of Essex FEDERAL INSURANCE COMPANY BY ALI111- George McClellan Assistant Vice -President (aZc Connor Assistant Secretary On this 1st day of January 19n before me personally came Richard D. O'Connor, to me known and by me known to be Assistant Secretary of the FE ERAL INSURANCE COMPANY, the Corporation described in and which executed the foregoing Power of Attorney and the said Richard D. O'Connor being by me duly sworn, did depose and say that he is As- sistant Secretary of the FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By -Laws of said Com- pany and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority; that he is acquainted with George McClellan and knows him to be Assistant Vice -President of said Company, and that the signature of said George McClellan subscribed to said Power of Attorney is in the genuine handwriting of said George McClellan and was thereto subscribed by authority of said By -Laws and in deponent's presence. Acknowledgedand Sworn to before me Gt A ` on the date above written. yqy NOTARY Notary Public PUBLIC ov PATRICIA RYAN LJok- - NOTARY PUBLIC OF NEW JERSEY My Commission Expires December 11, 19 a Form 21-10-238 (Pd. 2 78)(Generan R-27423 {20%e SHORT HILLS. N.J. County of Essex as. I. the undersigned. Assistant Secretary of the FEDERAL INSURANCE COMPANY, do hereby certify that the following is a true excerpt from the By -Laws of the said Company as adopted by its Board of Directors on March 11, 1953 and amended May 27, 1971 and that this By -Law is in full force and effect. ARTICLE XVIII Section 2. All bonds, undertakings, contracts and other instruments other than as above for and on behalf of the Company which it is authorized by law or its charter to execute, may and shall be executed in the name and on behalf of the Company either by the Chairman or the Vice -Chairman or the President or a Vice -President. jointly with the Secretary or an Assistant Secretary, under their respective designa- tions, except that any one or more officers or attorneys -in -fact designated in any resolution of the Board of Directors or the Executive Committee, or in any power of attorney executed as provided for in Section 3 below, may execute any such bond, undertaking or other obligation as provided in such resolution or power of attorney. Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the Vice -Chairman or the President or a Vice -President or an Assistant Vice -President, jointly with the Secretary or an Assistant Secretary, under their respective designations." And I further certify that 1 have compared the foregoing copy of the POWER OF ATTORNEY with the original thereof and the same is a correct and true copy of the whole of said original Power of Attorney and that said Power of Attorney has not been revoked. And I further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business in each of the States of the United States of America, District of Columbia. Puerto Rico, and each of the Provinces of Canada with the exception of Prince Edward Island: and is also duly licensed to become sole surety on bonds, undertakings, etc.. permitted or required by law. Given under my hand and the seal of said Company at Short Hills. N.J., this October 9 81 ALJ. Assistant Secretary day of