1977-0915_LOVE, JACK_Subdivision AgreementRecorded at the reques�of,
an:; return to: n"p
City of San Juan Capistrano EXE„ T
dity Clerk's Office C4
32400 Paseo Adelanto 1UN1.
San Juan Capistrano, CA 92675
RECORDIN FEESAJpP76i 9 W71
GOVERNP41F CODE SECTION 6103
MAR ANN NOVER, City Clerk
SaUg pistrano, California
SEP d 11 209M No. 9795
SUBDIVISION AGRErmr9T1
TRIS AGREEMENT, made pursuant to the pfrbvisibnsiof Division
of Title 7 of the Government Code of the State of California, by
between the CITY OF SAN JUAN CAPISTRANO, a Municipal Corporation,
hereinafter called the "City" and 'JACK LOVE -
whose mailing address is 33051 Calle Aviador
San Juan Capistrano, CA
hereinafter called the "Subdivider."
WITNESSETH:
2
and
92675
r6..... X:3
OF ONA^,^F_ COUNT, CA! ]PORNIA
-4 i9 PM SEP 15 197
4 P/Yltr CARLYLE, County RecordeC
THAT, WHEREAS, Subdivider has filed with the Planning Commission
of the City a tentative map for a proposed subdivision, known as
Tract No. 9795 which has been conditionally approved by the
City Council,T and
WHEREAS, Subdivider desires to postpone the public and private
improvements required as a condition of approval of said tentative mat)
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 approval
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, improve 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 Specifica-
tions 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 easements, construction of concrete
curbs, gutters, cross -gutters and sidewalks, installation of storm drainage
and sanitary sewerage facilities, installation of underground conduit
street lighting system, the installation of all street name signs, and
the supplying and planting of all parkway trees, together with the instal-
lation, of all appurtenances, contingencies and the furnishing of all
engineering costs and services to do and complete said work, and to do
and complete all ether acts and obligations required by the City as condi-
tion of the approval of the tentative subdivision. For purposes of this
agreement, the City Engineer shall determ"ne the estimated costs of said
improvements to be used for Surety crevices as required herein.
2.. Subdivider will, at his (its) own cost and expense, provide and
install. all on-site and off-site water mains and appurtenances and will
provide all labor and material to connect the same to existing ,.tains
and facilities of the Orange County Waterworks District #4, and will
comply with all of the requiroments of said District, and with the plans
and sper:i;fi,cations for said work signed by, and on file in the office
of the Mara:jer of said District, incorporated herein by reference.
3. St "divider agrees to pay all applicable fees assigned by
City. For.i!:urposes of this agreement, applicable fees shall be defined
as all fees that may be legally assessed through City's ordinances
and resolutions as conditions of approving subdivider's subdivision
and proposed improvements.
-1-
Tract No. _ 9_795
BK 1237�3pc 1272
4. Subdivider shall furnish one good and suffic.i.ent bond in
accordance with the provisions of Chapter 5 of Division 2 of Title 7 of
the Government Code, said bond shall be in an amount equal to the total
estimated cost of work and improvements not to be dedicated to City but
inspected by City personnel. Said bond shall be conditioned upon faithful
performance of thiZ agreement.
5. Subdivider shall furnish two good and sufficient bonds in
accordance with the provisions of Chapter 5 of Division 2 of Title 7 of
the Government Code, said bonds to be in the amounts and for the following
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 dedicate"
to City securing payment to the contractor, his subcontractors, 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 specifications
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 improvement
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 Citv of San Juan Capistrano or its
duly authorized officer, and shall in no way affect the falidity of
this agreement or the obligations hereunder. Bonds furnished hereunder
shall be kept in full force and effect until said work and improvements
shall be deemed complete, approved and accepted as completed by said
City Council unless the same are reduced.
9. Subdivider agrees that City may, without any notice, and at
its sole option, at any time after the said time for completion has
passed, complete, or cause to be completed, all or any part of the said
work, and Subdivider shall pay to said City, upon demand, all of the
cost of any of said work done by the City, its agents and contractors, or
any of them, to complete all or any part of said work.
10. Subdivider agrees to pay City such sum as the Court may adjudge
as.reasonable for the legal services of any attorney representing the
City in any action brought to enforce or interpret the obligations of
this instrument, and such sum shall be made a part of any judgment in
such action against the Subdivider if such action is determined in favor
of the said City.
11. City, its officers and employees, except for their own acts,
shall], not be liable or responsible for any accident, loss or damage
happening or occurring to the improvements specified in this agreement
prior to the completion and acceptance of said improvements by the City.
12. At all times from the acceptance by the City Council of the
dedications offered on the final map of said tract to the completion
and acceptancca of the improvements described herein, Subdivider shall
perform all wovk in a safe, workmanlike manner and shall take such
precautions as5, 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.
-2-
n
Tract No. 9795
aK 12378pc 1273
Executed at San Juan Capistrano, California this 7th
day of September , 1977
ATTEST:
San Juan Ca istranb City Clerk
APPROVED AND RECOMMENDED FOR
EXECUTION:
.
City Engineer
Manager f Orange County
Waterw rks, District $4
NOTE: Improvement Bond and Materi
to this agreement.
SUBDIVIDER*
JACK LOVE
By a--�r`r--
(Signature)
LOVE
(Office Held)
CITY OF SA*' JUAN CAPISTRANO
By`� L
KENNETH E. FRIESS, MAYOR PRO TEM
APPROVED
SAS_ TO FORM:
y'Oj 0 City Attor:
d Labor Bond mdtt be attached
* Partnerships, joint ventures, and other corporate entities should
contact the ,San Juan Capistrano City Attorney for acceptable form
or execution -
0
-3-
STATE OF
California
COUNTY OF
Orange SS.
ON August 31 , 19 L7,
before me, the undersigned, a Notary Public in and for said State, personally appeared
known to me,
OFFICIAL SEAL to be the person_ whose name— >_s subscribed to the within Instrument,
y., s RUTH E. MARQUARD and acknowledged to me that _he_ executed the same.
NOTARY PUBLIC - CALIFORNIA =
"'! "K ' PRINCIPAL OFFICE IN
0
ORANGE COUNTY WITNESS my hand and official seal.
My Commission Expires May 23, 1980
Public in and for
AGKNUWLEUUMEMI-GOMMI WOICOEIF FOM 731-R@V. 3-64
a M
10. CLAIM FOR DAMAGES, SERRA TREATMENT PLANT
(35) The Claim filed on January 17, 3.979, by Alexander Bowie on
behalf of the South East Regional Reclamation Authority for
damages to the SERRA Treatment Plant allegedly occurring
on October 17, 1978, in the approximate amount of $3,000, is
denied and referred to the City's insurance carrier, Carl
Warren and Company.
11. CLAIM FOR BENEFITS - ORANGE COUNTY
EMPLOYEL'S RETIREMENT SYSTEM
(35) The Claim filed on January 12, 1979, by the County Counsel
on behalf of the County Employees Board of Retirement, in
the amount of $108,177.27, is denied and referred to the
City's insurance carrier, Dan Gorman Insurance.
1Z. ACCEPTANCE OF IMPROVEMENTS AND LETTER
OF CREDIT, TRACT 9795 (LOVE)
(38) The public improvements for Tract 9795 are accepted, as well
(85) as the Letter of Credit dated January 10, 1979, from American
State Bank, submitted on behalf of Jack Love, in the amount of
$44,000. The Letter of Credit provides $34,000 for maintenance
of public streets and $10,000 for completion of landscaping
and will expire on February 21, 1980. Staff is authorized
to release the Letter of Credit upon its expiration.
13. A.C. 78-9 - HEARING DATE. FOR APPEAL OF PLANNING
COI4MISSIONDECISION (HOME FEDERAL SAVINGS AND
LOAN ASSOCIATION)
(68) A Public Hearing is to be scheduled for February 21, 1979,
on the appeal of the Planning Commission decision of January 9,
1979, filed by Home Federal Savings and Loan Association on
January 30th.
SAN JUAN HOT SPRINGS DANCE HALL -
NOTICE OF COPIPLETION AND FINAL REPORT
(23) Written Communications:
'FIT Report dated February 7, 1979, from the Director of
Public Works advising that the rehabilitation of
the San Juan Hot Springs Dance Hall has been completed
by the contractor, Roland Olsen, of San Juan Capistrano.
Payment status is as follows:
Total Project Costs $172,656.09
Less 108 Retention 17,265.61
Previous Progress Payments 155,390.48
Total due to Date $ 3,737.78
(2) Letter dated February 1, 1979, from Roland Olsen
providing a listing of corrected items and requesting
consideration of release of the 108 retention at this
time.
Acceptance of Work:
Following discussion, it was moved by Councilman Bausdorfer,
seconded by Councilman Schwartze and unanimously carried that
the following Resolution be adopted:
RESOLUTION NO. 79-2-7-6, COMPLETION OF SAN JUAN
HOT SPRINGS DANCL: IIALL - A RESOLUTION OF 1711E CITY
COUNCIL OF 'T HL CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING WORK TO BE COMPLETED AS TO PLANS AND
SPECIFICATIONS FOR THE REHABILITATION OF THE SAN
JUAN HOT SPRINGS DANCE HALL
-13- 2/7/79
0
AGENDA ITEM February 7, 1979
TO: James S. Mocalis, City Manager
r-�
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Acceptance of Letter of Credit, Tract 9795 (Love)
SITUATION
The Letter of Credit from American State Bank is being held for
the subject tract and is set to expire on March 1, 1979. The
public and private improvements have been completed and accepted
by the City Inspector. The monuments have been set and the
engineer paid. A new letter of credit has been submitted for
$44,000. This amount covers $34,000 for maintenance of public
streets for one year, and $10,000 for completion of landscaping.
The new letter of credit expires February 21, 1980.
FINANCIAL CONSIDERATIONS
The extension of the Letter of Credit will serve as the financial
surety necessary for the maintenance of the public improvements
and the installation of landscaping.
ALTERNATE ACTIONS
1. Accept the Letter of Credit for Tract 9795.
2. Do not accept the Letter of Credit for Tract 9795.
3. Request further information from staff.
RECOMMENDATION
By motion, accept improvements for Tract 9795, and accept the
Letter of Credit dated January 10, 1979 from American State
Bank in the amount of $44,000. Authorize staff to release said
letter of credit after one year.
Respectfully submitted,
4P. �
W. D. Murphy
WDM:SE/rem
FOR CITY COUNCIL AGENDA /�
THIS LETTER SUPERCEDES LETTER OF CREDIT DATED AUGUST 29, 1978
AMEMCAN
,�.
L"i`e'i'F' BANK „ r
W. D. Murphy Date: January 10, 1979
Director of Public Works/City Engineer Re: Tract No. 9795
San Juan Capistrano, California City of San Juan, Capistrano
Dear Sir:
We hereby authorize THE CITY OF SAN JUAN CAPISTRANO to draw on ourselves for the
account of Jack Love, 33051 Calle Aviador, San Juan Capistrano, California, up
to the aggregate amount of FORTY-FOUR THOUSAND AND NO/100 ($44,000.00) DOLLARS
U. S. FUNDS, available by your draft at sight, to be accompanied by the following
documents.
Your signed statement certifying that improvements completed by Jack Love, as
referred to in Exhibit "A": attached hereto and made a part hereof, as approved
for the above subject noted property in connection with the plan and specification
of THE CITY OF SAN JUAN CAPISTRANO, were not completed to the satisfaction of
THE CITY OF SAN JUAN CAPISTRANO, and that the amount drawn is, therefore, required
for completion of said installation and/or improvements.
This Letter of Credit shall be used solely for the payment of installation of the
improvements described in Exhibit "A", and for no other purpose.
This Letter of Credit is an irrevocable commitment of funds which is not subject
to recall without the written consent of THE CITY OF SAN JUAN CAPISTRANO and is
due and payable on February 21, 1980, provided THE CITY OF SAN JUAN CAPISTRANO has
notified the Bank that improvements described under the above paragraph have not
been accepted by THE CITY OF SAN JUAN CAPISTRANO or that a surety bond has not
been received by THE CITY OF SAN JUAN CAPISTRANO from an acceptable surety com-
pany prior to February 21, 1980.
Drafts under this credit must be marked "drawn under American State Bank, Newport
Beach, California credit Loan #LC -82, dated January 10, 1979, and presented to our
office not later than the close of business day on February 21, 1980.
This Letter of Credit must accompany drafts and documents presented to us for
payment.
Unless otherwise expressly stated, this credit is subject to the "Uniform Custom
and Practice for documentary credits (1974 Revision) International Chamber of
Commerce Publication No. 290."
We hereby undertake that drafts drawn in compliance with the terms of this credit
will be duly honored by us.
AMERICAN STATE BANK
BY: 4
Jam W. Minnis, Vice President/Real Estate
500 NEWPORT CENTER DRIVE. PO BOX 1485. NEWPORT BEACH. CALIFORNIA 92663 7 TEL 17141 640-5100
AGENDA ITEM
September 6, 1978
TO: James S. Mocalis, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Extension of Subdivision Agreement and Acceptance of
Letter of Credit - Tract 9795 (Love)
SITUATION
The Subdivision Agreement for the above mentioned tract is due to
expire on September 7, 1978. The public improvements required by
this agreement have not been completed. It is therefore necessary
to extend the agreement between the developer and the City.
The Letter of Credit for the above referenced tract was due to
expire on September 1, 1978. Staff requested from American State
Bank an extension of the Letter of Credit. We have received an
extension until March 1, 1979.
FINANCIAL CONSIDERATION
The extension of the Letter of Credit will serve as the financial
surety necessary for the completion of the public improvements.
ALTERNATE ACTIONS
1. Extend the Subdivision Agreement and accept the Letter of
Credit for Tract 9795.
2. Do not extend the Subdivision Agreement and do not accept
the Letter of Credit for Tract 9795.
3. Request further information from staff.
RECOMMENDATION
By motion, extend the Subdivision Agreement and accept the Letter
of Credit for Tract 9795 (Love).
Respectfully sub�uitted,
W. D. Murphy
WDM:RFC/tm
FOR CITY COUNCILAGENDA as$ 'f5
OF CREDIT
NOVEMBER LL 1977
AlViERIC„E+LN
yrs= BANK
W. D. Murphy
Director of Public Works/City Engineer
San Juan Capistrano, California
Dear Sir:
RGA
Date: August 29, 1978
Re: Tract No. 9795
City of San Juan Capistrano
We hereby authorize The City of San Juan Capistrano to draw on ourselves for the
account of Jack Love, 33051 Calle Aviador, San Juan Capistrano, California, up
to the aggregate amount of EIGHTY-EIGHT THOUSAND ONE HUNDRED FIFTY AND NO/100 -
($88,150.00) - DOLLARS U. S. FUNDS, available by your draft at sight, to be ac-
companied by the following documents.
Your signed statement certifying that Jack Love failed to install improvements
as referred to in Exhibit "A": attached hereto and made a part hereof, as approved
for subject property in connection with the plan and specification of THE CITY OF
SAN JUAN CAPISTRANO, and that the amount drawn is, therefore, required for com-
pletion of said installation and/or improvements.
This Letter of Credit shall be used solely for the payment of installation of
the improvements described in Exhibit "A", and for no other purpose.
This Letter of Credit is an irrevocable commitment of funds which is not subject
to recall without the written consent of THE CITY OF SAN JUAN CAPISTRANO and is
due and payable on March 1, 1979, provided THE CITY OF SAN JUAN CAPISTRANO has
notified the Bank that improvements described under the above paragraph have not
been accepted by THE CITY OF SAN JUAN CAPISTRANO or that a surety bond has not
been received by THE CITY OF SAN JUAN CAPISTRANO from an acceptable surety com-
pany prior to March 1, 1979.
Drafts under this credit must be marked "drawn under American State Bank, Newport
Beach, California credit Loan #S1681, dated September 12, 1977, and presented to
our office not later than the close of business day on March 1, 1979.
This Letter of Credit must accompany drafts and documents presented to us for
payment.
Unless otherwise expressly stated, this credit is subject to the "Uniform Custom
and Practice for documentary credits (1974 Revision) International Chamber of
Commerce Publication No. 290."
We hereby undertake that drafts drawn in compliance with the terms of this
credit will be duly honored by us.
AMERICAN STATE BANK
BY
4 e§' IV. Minnie, Vice President/Real Estate
i
i�
7�
r
500 NEWPORT CENTER DRIVE, PO BOX 1405. NEWPORT BEACH. CALIFORNIA 92663/TELEPHONE.(7141640 5100
AMERIC kw
_c.Trs3ME 13AWH
November 30, 1977
W. D. Murphy
Director of Public Works/City Engineer
San Juan Capistrano, California
Dear Sir:
•
RFCEIVF.D
pEc L 2 i�l D" T
We hereby ammend our Letter of Credit dated November 11, 1977 for
Jack Love to reflect the correct Tentative Tract No to be 9795.
AMERICAN STATE BANK
X1m
'1 0
r "5
45
501 NEWPORT CENTER DRIVE PO BOX 1485, NEWPORT BFACH, CALIFORNIA 92663/TELEPHONE (714) 640 5100
STATE BANKNQy a 1� 1
i^ I1 i'. +.
W. D. Murphy Date: Noyember)11, 1977 77?):-
Director
795Director of Public Works/City Engineer Re: bentati`ve Tract No. -9F05
San Juan Capistrano, California City of San Juan Capistrano
Dear Sir:
We hereby authorize THE CITY OF SAN JUAN CAPISTRANO to draw on ourselves for the
account of Jack Love, 33051 Calle Aviador, San Juan Capistrano, California, up
to the aggregate amount of EIGHTY-EIGHT THOUSAND ONE HUNDRED FIFTY AND NO/100 -
($88,150.00) - DOLLARS U. S. FUNDS, available by your draft at sight, to be ac-
companied by the following documents.
Your signed statement certifying that Jack Love failed to install improvements
as referred to in Exhibit "A": attached hereto and made a part hereof, as approved
for subject property in connection with the plan and specificiation of THE CITY
OF SAN JUAN CAPISTRANO, and that the amount drawn is, therefore, required for
completion of said installation and/or improvements.
This Letter of Credit shall be used solely for the payment of installation of
the improvements described in Exhibit "A", and for no other purpose.
This Letter of Credit is an irrevocable commitment of funds which is not subject
to recall without the written consent of THE CITY OF SAN JUAN CAPISTRANO and is
due and payable on September 1, 1978, provided THE CITY OF SAN JUAN CAPISTRANO
has notified the Bank that improvements described under the above paragraph have
not been accepted by THE CITY OF SAN JUAN CAPISTRANO or that a surety bond has
not been received by THE CITY OF SAN JUAN CAPISTRANO from an acceptable surety
company, prior to September 1, 1978.
Drafts under this credit must be marked "drawn under American State Bank, Newport
Beach, California, credit Loan #C1606, dated August S, 1977, and presented to our
office not later than the close of the business day on September 1, 1978.
This Letter of Credit must accompany drafts and documents presented to us for
payment.
Unless otherwise expressly stated, this credit is subject to the "Uniform Custom
and Practice for documentary credits (1974 Revision) International Chamber of
Commerce Publication No. 290".
We hereby undertake that drafts drawn in compliance with the terms of this
credit will be duly honored by us.
500 NEWPORT CENTER DRIVE. PO BOX 1485, NEWPORT BEACH. CALIFORNIA 92663/TELEPHONE ( 7 1 4 1 640 5100
EXHIBIT "A"
FAITHFUL PERFORMANCE OF PUBLIC IMPROVEMENTS
LABOR AND MATERIAL REQUIRED FOR PUBLIC IMPROVEMENTS
PRIVATE STREET IMPROVEMENTS
MONUMENTATION
TOTAL
$ 34,000.00
$ 34,000.00
$ 18,500.00
$ 1,650.00
88,150.00
ti
s
T 00 PKtO AOClAM70'i
".*Ami ^wC %1MSTRAMO;CARNfiN 92673
' P En1171/
•49 Y
December 16 .1977
Mr. James W. Minis
Vice President/Real Estate
American State Bank
P. O. Box 1485
Newport Beach, California 92663
Be: Re lacement of Letter of Credit Public
Improvements for Tract 9795 (Love,;`
Dear'Mr. Minis:
At their meeting of December 7, 1977, the City Council
took unanimous action to accept the Letter of Credit dated November 11,
1977 drawn on American State Bank in the amount of $88,150 to guaranty
construction of public improvements in conjunction with Tract 9795.
The Letter of Credit dated August 30, 1977 was ordered
released and the original.is enclosed herewith.
Receipt of your amendment to the Fetter of Credit dated
November 11, 1977 to correctly reflect the Tentative Tract No. as
9795 is acknowledged.
AGENDA ITEM • •
TO: James S. Mocalis, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Replacement of Letter of Credit, Tract 9795 (Love)
SITUATION
December 7, 1977
(85)
The final map for Tract 9795 was approved by City Council on September 7, 1977
and subsequently recorded. A Letter of Credit for $118,150 drawn on American
State Bank was presented at that time. The expiration date on that letter is
December 31, 1977, and the public improvements will not be completed by that
time. Consequently, the developer was requested to replace. the Letter of Credit
dated August 30, 1977.
The new Letter of Credit, dated November 11, 1977, is in the amount of $88,150,
also drawn on American State Bank. $30,000 was subtracted because acceptable
landscape plans have been submitted in the interim. The same terms are on this
Letter of Credit as on the previous one. The new expiration date is September
1, 1978.
FINANCIAL CONSIDERATIONS
None at this time.
ALTERNATE ACTIONS
1. Accept the new Letter of Credit to replace the previous one dated August
30, 1977• -
2. Do not .accept the new Letter of Credit and call the previous one.
3. Request further information from Staff.
RECOMMENDATION
By motion, accept the Letter of Credit from American State Bank, dated November
11, 1977, for $88,150, and release the Letter of Credit dated August 30, 1977,
for $118,150 in connection with Tract 9795•
tRespectfully submitted,
W. D. Murphy
WDM:SE:rb
Attachment
rOR CITY COUNCIL AGENDA .. ....
�5
•
November 30, 1977
�0-rl R.�;
•
RFOUVED
W. D. Murphy
Director of Public Works/City Engineer
San Juan Capistrano, California
Dear Sir:
We hereby ammend our Letter of Credit dated November 11, 1977 for
Jack Love to reflect the correct Tentative Tract No to be 9795.
AMERICAN STATE BANK
X Pa C-6, t5
1516
//5
500 NEWPORT CENTER DRIVE, P.O. BOX 1485, NEWPORT BEACH, CALIFORNIA 92663/TELEPHONE(7141 640 5100
W. D. Murphy
Director of Public Works/City Engineer
San Juan Capistrano, California
Dear Sir:
RECEIVED
Nov i S I i I 11�
Date: Noyem6er+14, 1977 77f
Re: ileiitative Tract No. _OS
CCiii of San Juan Capistrano
We hereby authorize THE CITY OF SAN JUAN CAPISTRANO to draw on ourselves for the
account of Jack Love, 33051 Calle Aviador, San Juan Capistrano, California, up
to the aggregate amount of EIGHTY-EIGHT THOUSAND ONE HUNDRED FIFTY AND NO/100 -
($88,150.00) - DOLLARS U. S. FUNDS, available by your draft at sight, to be ac-
companied by the following documents.
Your signed statement certifying that Jack Love failed to install improvements
as referred to in Exhibit "A": attached hereto and made a part hereof, as approved
for subject property in connection with the plan and specificiation of THE CITY
OF SAN JUAN CAPISTRANO, and that the amount drawn is, therefore, required for
completion of said installation and/or improvements.
This Letter of Credit shall be used solely for the payment of installation of
the improvements described in Exhibit "A", and for no other purpose.
This Letter of Credit is an irrevocable commitment of funds which is not subject
to recall without the written consent of THE CITY OF SAN JUAN CAPISTRANO and is
due and payable on September 1, 1978, provided THE CITY OF SAN JUAN CAPISTRANO
has notified the Bank that improvements described under the above paragraph have
not been accepted by THE CITY OF SAN JUAN CAPISTRANO or that a surety bond has
not been received by THE CITY OF SAN JUAN CAPISTRANO from an acceptable surety
company, prior to September 1, 1978.
Drafts under this credit must be marked "drawn under American State Bank, Newport
Beach, California, credit Loan #C1606, dated August 5, 1977, and presented to our
office not later than the close of the business day on September 1, 1978.
This Letter of Credit must accompany drafts and documents presented to us for
payment.
Unless otherwise expressly stated, this credit is subject to the "Uniform Custom
and Practice for documentary credits (1974 Revision) International Chamber of
Commerce Publication No. 290".
We hereby undertake that drafts drawn in compliance with the terms of this
credit will be duly honored by us.
AMERICAN STATE BANK
500 NEWPORT CENTER DRIVE, P.O. BOX 1465. NEWPORT BEACH. CALIFORNIA 92663/TELEPHONE:(714) 640 5100
0
EXHIBIT "A"
FAITHFUL PERFORMANCE OF PUBLIC IMPROVEMENTS $ 34,000.00
LABOR AND MATERIAL REQUIRED FOR PUBLIC IMPROVEMENTS $ 34,000.00
PRIVATE STREET IMPROVEMENTS
MONUMENTATION
$ 18,500.00
$ 1,650.00
TOTAL 88,150.00
rA
' AMERZC4AN
STAMM gmz*m
W. D. Murphy
Director of Public Works/City Engineer
San Juan Capistrano, California
Dear Sir:
RECEIVED
M044 it I i 11 Am 971
r,1. Y G
Date: NoYember,+l}, 1977 9795
Re: T�ientative Tract No. -9705
�(. y' of San Juan Capistrano
We hereby authorize THE CITY OF SAN JUAN CAPISTRANO to draw on ourselves for the
account of Jack Love, 33051 Calle Aviador, San Juan Capistrano, California, up
to the aggregate amount of EIGHTY-EIGHT THOUSAND ONE HUNDRED FIFTY AND NO/100 -
($88,150.00) - DOLLARS U. S. FUNDS, available by your draft at sight, to be ac-
companied by the following documents.
Your signed statement certifying that Jack Love failed to install improvements .
as referred to in Exhibit "A": attached hereto and made a part hereof, as approved
for subject property in connection with the plan and specificiation of THE CITY
OF SAN JUAN CAPISTRANO, and that the amount drawn is, therefore, required for
completion of said installation and/or improvements.
This Letter of Credit shall be used solely for the payment of installation of
the improvements described in Exhibit "A", and for no other purpose.
This Letter of Credit is an irrevocable commitment of funds which is not subject
to recall without the written consent of THE CITY OF SAN JUAN CAPISTRANO and is
due and payable on September 1, 1978, provided THE CITY OF SAN JUAN CAPISTRANO
has notified the Bank that improvements described under the above paragraph have
not been accepted by THE CITY OF SAN JUAN CAPISTRANO or that a surety bond has
not been received by THE CITY OF SAN JUAN CAPISTRANO from an acceptable surety
company, prior to September 1, 1978.
Drafts under this credit must be marked "drawn under American State Bank, Newport
Beach, California, credit Loan #C1606, dated August 5, 1977, and presented to our
office not later than the close of the business day on September 1, 1978.
This Letter of Credit must accompany drafts and documents presented to us for
payment.
Unless otherwise expressly stated, this credit is subject to the "Uniform Custom
and Practice for documentary credits (1974 Revision) International Chamber of
Commerce Publication No. 290".
We hereby undertake that drafts drawn in compliance with the terms of this
credit will be duly honored by us.
AMERICAN STATE BANK
1500 NEWPORT CENTER DRIVE, P.O. BOX 1465, NEWPORT BEACH, CALIFORNIA 92669/TELEPHONE: (714) 640 5100
EXHIBIT "A^
FAITHFUL PERFORMANCE OF PUBLIC IMPROVEMENTS $ 34,000.00
LABOR AND MATERIAL REQUIRED FOR PUBLIC IMPROVEMENTS $ 34,000.00
PRIVATE STREET IMPROVEMENTS f 18,500.00
MONUMENTATION $ 1,650.00
TOTAL 8,150.00
We hereby authorize you to draw on ourselves for the account of Jack Love, 33051
Calle Aviador, San Juan Capistrano, California, up to the aggregate amount of
ONE HUNDRED EIGHTEEN THOUSAND ONE HUNDRED FIFTY AND NOII00 - ($118,150.00) — DOLLARS
U. S. FUNDS, available by your draft at sight, to be accompanied by the following
documents.
Your signed statement certifying that Jack Love failed to install improvements as
referred to in Exhibit "A: attached hereto and made a part hereof, as approved for
subject property in connection with the plan and specification of THE CITY OF SAN
JUAN CAPISTRANO, and that the amount drawn is, therefore, required for completion
of said installation and/or improvements.
This Letter of Credit shall beusedsolely for the payment of installation of the
above.described improvements and for no other purpose.
This Letter of Credit is an irrevocable commitment of funds which is not subject
to recall without the written consent of THE CITY OF SAN JUAN CAPISTRANO,and is
due and payable on December 31,..1977, provided THE CITY OF SAN JUAN CAPISTRANO has
not notified the Bank that improvements described under the above paragraph have.
accepted by THE CITY OF SAN JUAN CAPISTRANO or that a surety bond has not been re-
ceived by THE CITY OF SAN JUAN CAPISTRANO from an acceptable surety company, prior
to December 31, 1977.
Drafts under this credit must be marked "drawn under American State Bank, Newport
Beach, California, credit Loan #C1606, dated August 5, 1977, and presented to our
office not later than December 31, 1977.
This Letter of Credit mast accompany draft and documents presented to us for payment.
Unless otherwise expressly stated, this credit is subject to.the"'Uniform Custom
and Practice for documentary credits- (1974.Revision) International Chamber of Com-
-merce Publication No. 290."
We hereby undertake that drafts..drawn in compliance with the teras of this credit
will be duly honored by us.
MffiRICAN STATE BANK
Minnis,Vie PresRea1 Estate
§900 NEWPORT CENTER DRIVE. P.O. BOX 1485. NEWPORT BEACH, CALIFORNIA 92663 /TELEPHONE: (714) 640 5100
�llJ� G', � i.l/!J! 111111 (JllJl�rlllZh
32400 PASEO'A DELAN70� `n
SAN JUANN CAhISTRANO; CALIFORNIA 92675
p ..� h_�•,1 ,..1 1
HONE 99l��1]T
L�. y y B' o
February 13, 1979
Mr. Jack Love
33051 Calle Aviador
San Juan Capistrano, California 92675
Re: Letter of Credit - Tract 9795
Dear Mr. Love:
At their meeting of February 7, 1979, the City Council
accepted the Letter of Credit dated January 10, 1979, from the
American State Bank in the amount of $44,000, to cover maintenance
of public streets for one year and completion of landscaping
in Tract 9795.
If you have any questions, please do not hesitate to
call.
Very truly yours,
(MRS) MARY ANN HANOVER
City Clerk
MAH/Cj
cc: James Minnis, Vice President,
American State Bank
Director of Public Works
32400PASEO AOELANTO
SAN JUAN CAPISTRANO, CALIFORNIA 32675
t,Y PHONE 493-1171
September 13, 1978
Mr. Jack Love
33051 Calle Aviador
San Juan Capistrano, California 92675
Re: Tract 9795 - Extension of ubdiv
2E
Dear Mr. Love:
At their regular meeting of September 6, 1978, the
City Council took unanimous action in a, -roving the extension
of the Subdivision Agreement for Tract 9 95 to March 1, 1979.
In connection therewith, the Council also accepted the Letter
of Credit for public improvements in the amount of $88,150.00
dated August 29, 1978, and issued by American State Bank of
Newport Beach.
Thank you for your cooperation.
Very truly yours,
MARY A`,. HANOVER
City Clerk
mh
cc: Director of Public Works
James W. Minnie, American State Bar.'..