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