Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
1991-1119_STANDBRIDGE, LIA & STANLEY_Subdivision Improvement Agreement
RECORDED AT REQUEST OF AND RETURN TO: City of San Juan Capistrano City Clerk's Office 32400 Paseo Adelanto San Juan Capistrano, CA 92657 RECORDING FEES EXEMPT DUE TO GO RNMENT CODE SECTION 6103 C e—ryf Johnson, 'ity Clerk San Juan Capistrano, CA NOTICE OF COMPLETION DCC # 93-0562K9 20—A13G-1993 02:4:'_ PM Recorded if, Official Records of Orange Counts. California Lee A. Branch, County Recorder Page I of I Fees. f C.G Tax. ! O.'v'Q NOTICE IS HEREBY GIVEN that a Subdivision Agreement between the City of San Juan Capistrano and Stanley R. and Lia C. Stanbridge, Developer of Parcel Map 88-396,31431 Paseo Christina, San Juan Capistrano, requires the Developer to complete the following, to wit: of public street improvements (rightturnlane, eastbound San Juan Creek Road at Paseo Christina) That said work was completed on April 1, 1993, by Pacific West construction according to plans and specifications and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the f City of San Juan Capistrano, as the owner, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, at a regular meeting thereof held on the 3rd day of August, 1993, by Resolution No. 93-8-3-1 That upon said agreement, American Motorists Insurance Company was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this 4th day of August , 1993. Cheryl Johnson, ity Oerk City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) 1, CHERYL JOHNSON, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, DO HEREBY CERTIFY, under penalty of perjury that the foregoing Notice of Completion is true and correct, and that said Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Clerk. Dated at San Juan Capistrano this 4th day of August , 1993. 2 (z Cheryl Johnson, C rk City of San Juan Capistrano 008528 Recording Requested by and When Recorded Mail To: City of San Juan Capistrano Attention City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 X/0-3/0- 3 Titles $ Add. f pzs Lien Nt $ os Other Is olel Is 9A7 - Ree. Fees R". PCOR $ SMF $ E-19 RECORDING REQUESTED BY C0 TITLE INS. CO. RECORDED N OFFICIAL RECORDS OF ORANGE COUNTY. CALIFORNIA -azo PM JAN 7'92 Documentary Transfer Tax - N onsideration Cheryl JolinsoiV City Clerk San Juan Capistrano, CA SUBDIVISION IMPROVEMENT AGREEMENT RE: PARCEL MAP 98-396, AP NO. 124-671-20 THIS AGREEMENT is between the City of San Juan Capistrano, a municipal corporation, State of California, hereinafter referred to as "City" and Stan ley R . and Lia C. Stanbridge, whose mailing address is 31431 Paseo Christina, San Juan Capistrano, California 92675, hereinafter referred to as "Subdivider WHEREAS, the tentative map application for PM 88-396 was conditionally approved by Resolution No. 90 -8 -7 -3; and WHEREAS, Subdivider is the owner of that certain parcel of land situated in the City of San Juan Capistrano, Orange County, California, generally known and described as PM 88-396, Southwest corner, San Juan Creek Road/Pase Chr i s t in and Subdivider proposes to do and perform certain work of improvement thereon as hereinafter set forth; and WHEREAS, City desires to assure that said proposed improvements will be done in a good workmanlike manner and i -� accordance with the laws now in force and effect in the City of San Juan Capistrano, California, the terms and conditions of which are incorporated herein by reference; and WHEREAS, Subdivider declares that he is familiar with the pertinent regulations contained in the City Code and in the Subdivision Map Act (Government Code Sections 66410 to 66500) and agrees to comply therewith; and WHEREAS, a Final Map of said subdivision, prepared in accordance with the City's Subdivision Ordinance, has been filed by Subdivider with City for approval by the City Council; NOW THEREFORE, in consideration of the approval and acceptance by the City Council of City of said Final Map and the acceptance of easements therein offered for dedication for street and other public purposes and the covenants herein contained, the parties hereto mutually covenant and agree as follows: General Requirements: Subdivider shall, al his own cost and expe:ise, prc.:de all rey�ed tests, design work, equipment, materials and labor in order to complete all of the improvements set forth in Exhibit "A" to the satisfaction of the City Engineer of the City. All required improvements have an estimated cost of construction totalling Th i r ty-S ix Thou sand , Seven ty-F ive Dollars ($36 ,075) as shown in Exhibit "B". 2. Security: Subdivider shall, at all times, guarantee Subdivider's performance of this agreement by furnishing to City and maintaining good and sufficient security as required by the State Subdivision Map Act on forms approved by City for the purposes and in the amounts as follows: -1- 0 0 a) To ensure a faithful performance of this agreement in regard to said improvements in the amount of 100% ($36,075) of the estimated cost of construction of the improvements; and b) To secure payment to any contractor, subcontractor, persons renting equipment or furnishing labor or materials for the improvements required to be constructed or installed pursuant to this agreement in the additional amount of 100% ($36,075) of the estimated cost of construction of the improvements; and c) To guarantee or warranty the work done pursuant to this agreement for a period of one (1) year following acceptance thereof by City against any defective work or labor done or defective materials furnished in the additional amount of 20% ($7,215) of the estimated cost of construction of the improvements; and d) Subdivider shall also furnish to City good and sufficient security in the amount of 100% ($2,480) of the estimated cost of setting subdivision monuments as shown in Exhibit "B". The securities required by this agreement shall be kept on file with the City Clerk. The terms of the security documents required by this agreement are hereby incorporated in this agreement by reference. Securities may be released upon the final completion and acceptance of the act of work subject to the provisions herein. The City Council, in its absolute discretion, may release a portion of the security given for faithful performance of the improvement work as the improvement progresses upon application therefor by the Subdivider. 3. Time of Completion: All of the required improvements per Exhibit "A" shall be completed within 12 months from the effective date of this Agreement. The time for completion may be extended by the City Engineer, in writing, for good cause shown by the Subdivider. In the event that Subdivider fails to complete the improvements within said period or any approved extension, the City may complete said work and shall be entitled to recover the full cost and expenses thereof from Subdivider, or his surety as herein provided. The City may require Subdivider, or his surety, to pay the City in advance, sufficient monies to cover the City's cost in completing construction of said improvements. 4. Effective Date of Agreement: This Agreement shall not become effective unless and until the subdivision map has been approved by the City Council of City and also accepted for recordation by the County Recorder of the County of Orange. 5. Utility Deposits - Statement: Prior to the commencement of any work to be performed within the area delineated on the subdivision map, the subdivider must file a written statement -2- with the City Clerk and City Engineer, signed by the Subdivider, and each public utility corporation involved, to the effect that Subdivider has made all deposits legally required by such public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the subdivision. 6. Permits - Compliance with Law: Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction of required improvements, give all necessary notices and pay all fees and taxes required by law, except that Parks and Recreation Fees and Sewer Capacity Fees shall be paid at issuance of either a grading permit or a building permit. 7. Definition and Ownership of Improvements: The term "improvements" means: grading, paving, utilities, drainage facilities, traffic control, landscaping, and all other required facilities as shown in detail upon plans, profiles and specifications which have been prepared or are now in final preparation by engineers acting for Subdivider subject to approval by the City Engineer of City. No work on said improvements shall be commenced until plans and profiles therefore have been submitted to, approved and permitted by the City Engineer. All required public improvements constructed or installed pursuant to this Agreement shall become the sole exclusive property of the City, without payment therefore, upon acceptance of said improvements by the City Council. Oblieations of Subdivider: Notwithstanding the fact that Subdivider's plans and specifications, completion of the work, and other acts are subject to approval of the City, it is understood and agreed that any approval by the City thereof shall in no way relieve Subdivider of satisfactorily performing said work or the related obligations hereunder. The construction shall be done strictly in accordance with the plans and specifications prepared by Subdivider or its engineer, and as approved by the City as being consistent with the City Code and Standards. Subdivider warrants that its plans and specifications conform as a minimum to said codes and standards and that they are adequate to accomplish the work in a good workmanlike manner and in accordance with responsible construction practices. 9. Superintendence by Subdivider: Subdivider shall give personal superintendence to the work of said improvement, or have a competent foreman or superintendent, satisfactory to the City Engineer, on the work at all times during progress, with authority to act for Subdivider. In the event satisfactory superintendence is not being exercised by the subdivider, the City Engineer may order suspension of all work within the subdivision until the deficiency is adequately corrected. -3- 10. Repair and Replacements: Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, or pay to the owner the entire cost of replacement or repairs, for all survey monuments or for any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or by any public or private corporation, or by any person whomsoever or by combination of such owners. Any such repair or replacement shall be completed in a reasonable manner and subject to the approval of the City Engineer and affected property owner. 11. Inspection by City: Subdivider shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work and to the shops where the work is in preparation. The cost of inspections shall be paid by the Subdivider. 12. Approval by City Engineer: All required improvements shall be constructed under the inspection of and subject to approval of the City Engineer. Therefore, it is mutually agreed by the parties hereto that the City Engineer shall have the right to reject any or all of the work to be performed under this contract if such work does not conform with the plans and specifications mentioned herein or the City's Codes and standards. Any damage to the improvements (existing or new) that occurs during or after installation of work performed under this Agreement shall be repaired or replaced, by the Subdivider, to the satisfaction of the City Engineer before the final acceptance of completed work and release of security. 13. Liability for Performance, Injury or Damage: Neither the City nor any of its officers or agents shall be liable to Subdivider or its contractors for any error or omission arising out of or in connection with any work to be performed under this contract. Additionally, the City shall not be liable to the Subdivider or to any other person, firm, or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever in, on, or about the subdivision of said land covered by this Agreement, or any part thereof. 14. Indemnification and Release: Prior to the commencement of any work pursuant to this contract, Subdivider's contractors shall furnish to City satisfactory evidence of an insurance policy written upon a form and by a company (which meets with the approval of City) insuring City, its officers, agents, and employees against loss or liability which may arise during the work or which may result from any of the work herein required to be done, including all costs of defending any claim arising as as result thereof. Minimum liability and property damage insurance shall be not less than $250,000 for all damages arising out of bodily injury to or death of one person and not less than $1,000,000 for all damages arising out of bodily injuries to or death of more than one person in any one occurrence; and not less than $250,000 for all damages and/or destruction of property in any one occurrence and not less than $500,000 for all damages and/or destruction of -4- 0 0 property during the policy period. Said policy shall be in favor of Subdivider or its contractors and of the City, its officers, agents, and employees and shall be maintained in full force and effect during the life of this contract. Said policy shall state by its terms and by an endorsement that it shall not be cancelled until City shall have had at least ninety (90) days' notice in writing of such cancellation. The Subdivider hereby releases and agrees to indemnify and save the City harmless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage and liability, howsoever the same may be caused and whensoever the same may appear, resulting directly or indirectly from the performance or nonperformance of any or all work to be done in and upon premises adjacent thereto pursuant to this Agreement, and also from any and all injuries to and deaths of persons and injuries to property or other interests and all claims, demands, costs, loss, damage, and liability, howsoever same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the Subdivider, the Subdivider's agents, employees, and subcontractors, while engaged in the performance of said work. 15. Liability of Subdivider: The Subdivider agrees that the use for any purpose and by any person of any and all of the streets, easements and improvements herein specified shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the City of the completed street and other improvements thereon and therein; provided that acceptance by the City shall in no way eliminate or lessen any of Subdivider's obligations or undertakings contained in this Agreement. The issuance of any occupancy permits (if granted) by the City for buildings located within said subdivision shall not be construed in any manner to constitute an acceptance and approval of any or all of the required improvements in said subdivision. 16. Subdivider's Expenses: The Subdivider shall pay these additional expenses: a. The Subdivider shall cause to be made and/or pay for soil tests made by a reputable geotechnical consultant/firm to determine stability, gradation, bearing, and resistance value of soils within the subdivision from which to determine the nature and design of appropriate improvements. The Subdivider shall also pay for all compaction tests necessary to determine that all fill work and the utility trench backfill has been satisfactorily placed. b. All service (including plan check and inspection), impact and connection fees as established by City shall be paid for each lot in the subdivision in accordance with the City Code, except that Parks and Recreation Fees and Sewer Capacity Fees shall be paid at issuance of either a grading permit or a building permit. -5- 9 0 17. Relationship of Contractors: It is hereby mutually covenanted and agreed by the parties hereto that Subdivider's contractors are not agents of the City, and that the contractors' relations to City, if any, are those of independent contractors. 18. Certification of Satisfactory Completion: Upon the satisfactory completion of the improvements by the Subdivider, the City Engineer shall certify that the work of said improvements has been satisfactorily completed. 19. Repair or Reconstruction of Defective Work: If, within a period of one year after City Council acceptance of the improvement work performed under this Agreement, any of the improvements or work done under this Agreement fails to fulfill any of the requirements of this Agreement, or the specifications referred to herein, Subdivider shall without delay and without any cost to the City (upon receipt of written notice from the City), repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, or should the exigencies of the case require repairs or replacements to be made before Subdivider can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to City the actual cost of such repairs plus an amount equivalent to the current general City overhead costs. 20. Warranty: Without limiting the foregoing, Subdivider warrants and guarantees: materials used and workmanship performed on said work for a period of one (1) year after completion and acceptance thereof by the City, the setting of all required Final Map monuments and agrees to maintain all required landscaping in a vigorous and thriving condition for a period of four (4) months after completion and written acceptance thereof by the Director of Engineering and Building. In connection herewith, Subdivider shall submit appropriate security in accordance with Section 2 above. 21. Notice of Completion: Upon approval of the improvement works by the City Engineer and acceptance by the City Council, the subdivider shall file with the Orange County Recorder a Notice of Completion of the improvements herein specified. 22. Filing of Improvement Plans: Upon completion of the job and prior to final acceptance of the work by the City, the subdivider shall supply the City with one mylar (4 mils) set of "record" drawings. These drawings shall be certified and shall reflect the job as actually constructed, with all changes incorporated therein. 23. Assignment: This agreement shall not be assignable by Subdivider without written consent of City. -6- 0 E two (2) IN WITNESS WHEREOF, thxaaAx1j identical counterparts of this agreement, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Subdivider herein named on the 19th day of November , 19 91, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. SUBDIVIDER CITY OF SAN JUAN CAPISTRANO Stanley R. and Lia C. Stanbridge By: MAYOR (Attach Notary Acknowledgement) Attachments: (1) Exhibit "A" (2) Exhibit 'B" (3) Securities M APPROVED AS TO FORM: By: CITY ATTO EY APPROVED AS TO CONTENT: -7- CITY ENGINEER State of CALIFORNIA County of Orange • 0 On November 15, 1991 before me, �SS Adrian A Higuera personally appeared Stanley R. Stanbridge and Lia C Stanbridge (This area for official seal) R.QJS nUtyJmalsialamaLar proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that "HIIII y executed the some in his/hediheir authorized capacity(ies), and that by4*4,er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument, WITNESS my hand and official seal. Signature ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT DESCRIBED AT RIGHT: Number of Pages Date of Document TT -1100 (11/90) Slgner(s) Other Than Named Above �o�,o.owo+wrow.or�w�o�oow�orw�o�o�o�o. State of California OFFICIAL SEAL County of Orange ADRIANA A. HIGUERA City of San Juan Capistrano NOTARY PUBLIC CALIFORNIA 1 PRINCIPAL OFFICE IN ' ORANGE COUNTY My , Commission Expires April 14, 1993 NAME(S) OF SIGNER(S) . � � � � I&eAkAkl&.4 (This area for official seal) R.QJS nUtyJmalsialamaLar proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that "HIIII y executed the some in his/hediheir authorized capacity(ies), and that by4*4,er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument, WITNESS my hand and official seal. Signature ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT DESCRIBED AT RIGHT: Number of Pages Date of Document TT -1100 (11/90) Slgner(s) Other Than Named Above �o�,o.owo+wrow.or�w�o�oow�orw�o�o�o�o. State of California CAPACITY CLAIMED BY SIGNER County of Orange ❑ INDIVIDUAL(S) City of San Juan Capistrano ® CORPORATE Municipal On Nov 19, 1991 before me, Cheryl A. Johnson, Notary Public OFFICER(S) Mayor DATE NAME, TITLE OF OFFICER- E.G.,'JANE DOE, NOTARY PUBLIC' TITLES) ❑ PARTNER(S) personally appeared **Kenneth E. Friess** ❑ ATTORNEY-IN-FACT NAME(S) OF SIGNER(S) ❑ TRUSTEE(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(ag whose nameQ4 is/at4 ❑ SUBSCRIBING WITNESS subscribed to the within instrument and ac- ❑ GUARMANCONSERVATOR knowledged to me that he/stare lRety executed ❑ OTHER: the same in his/hec gxfl IiR authorized capacity(iax), and that by his/hePlEbsdx signature) on the instrument the person(s), ortheentityuponbehalf ofwhichtheperson(*) SIGNER IS REPRESENTING: OFFICIAL SEAL cted, executed the instrument. NAME OF PERSON(S) OR ENTITY(IES) HERYL A. JOHNSON Witness my hand and official seal. City of San Juan Capistrat " o RY PUBLIC - CALIFORNIA :My ORANGE COUNTY comm. expires DEC 13, 1953 NAT OF NOTARY ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document Subdivision Improvement Agrmt (PM88-396) MUST BE ATTACHED Number of Pages Date of Document 11/tg/91 TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above Stanley R G Lia C Stanbridge/City N31,:1 'lyw'3:.:,T^^�'f lR�Z•1:'Tiil?_IIHT.^n 0 0 SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "A" (REQUIRED IMPROVEMENTS) A. Removal of undesirable, dangerous and dead plant materials and roots subject to compliance with a tree removal permit (S7CMC 9-2.309). B. All on- and off-site grading as specified on the approved grading plan. C. Relocation of all public utility structures as necessary to properly construct the required improvements. D. Installation of asphalt concrete street pavement on base material striping and signing as shown on approved engineered plans (revised Sheet 3 of 17, Tract 12633, 13025, 13026, and 13027 on file with the City Engineer's Office) and in accordance with City Standards. E. Installation of approved irrigation and landscaping (plants and materials). F. Setting monuments as required by the State and Local Codes. Subdivider shall also perform all work and furnish all materials necessary, in the opinion of the City Engineer and on his order, to complete the improvements in accordance with the plans and specifications on file as hereinbefore specified, or with any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete this work. CORE , EXHIBIS B PAGE 1 OF 3 LANDSCAPE ARCHITECTLi1RE SITE NEEDS ASSESSMENT POST LOSS ANALYSIS 4 April, 1991 Stanley R. Stanbridge 1035 E1 Camino Drive Costa Mesa, CA 92626 PROJECT: 31431 PASEO CHRISTINA RE: COST ESTIMATE Cost includes vines, shrubs, tress and hydroseeding materials per plans. Also includes cost for soils test and soil amendments and labor to install entire project. Subtotal ......................................... $ 8,850.00 Contractor's profit .............................. $ 1,800.00 TOTAL ............................................ $ 10,650.00 Irigation required to keep hydroseed mix moist and alive germination period ......................... $ 1,100.00 GRANDTOTAL ...................................... $ 4.107,5910 - This bid is valid for 90 days. 14,100 Sincerely Glenn 'AJ' Shepard MAIN OFFICE. 503 THIRTY FIRST STREET, SUITE TWO, NEIN?ORT BEACH. CALIFORNIA 92663 (714) 723-4171 LOS ANGELES OFFICE. 1990 BUNDY DRIVE. SUITE 350 LOS ANGELES. CALIFORNIA 90025 (213) 602-'618 0 CHRISTIANSEN & ASSOCIATES CONSULTING ENGINEERS —32 ALIPAZ STREE SJITE % jAN JUAN CAPISTRANO, CALIFORNIA PAGE 2 L, 11 September 1991 e 90-205SIP Department of Public works r` City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RE: QUANTITY AND COST ESTIMATE Street Improvement Plan - for the widening of S.J. Creek Rd as a condition of approval associated with tentative Parcel Map 88-396 ATTN: Ted Simons QUANTITY AND COST ESTIMATE (For those items affected by revision 8 ): PAVEMENT WIDENING CONSTRUCTION ITEMS QUANTITY UNIT NO. ITEM AND UNIT PRICE AMOUNT EARTHWORK CUT 25 CY 10 250 EXPORT 25 CY (INCL. IN CUT) 1. CONST, 6" A.C. OVER 18" A.B. 5,100 SF 3.0 15,300 6. INSTALL 2X6 REDWOOD HEADER 690 LF 1.0 690 SUBTOTAL S 16,240 STRIPING PLAN CONSTRUCTION ITEMS: 1. STRIPE 4" SOLID WHITE 690 LF 1.50 1,035 2. 3. 4. STRIPE 4" SKIP WHITE LINE (7' 400 LF 1.20 480 LINE. 17' GAP) WITH R.P.M.'s PER CALTRANS , DETAIL 9. 5. 6. 7. PAINT WHITE PAVEMENT MARKINGS, 2 EA 30.0 60 AS SHOWN S. STRIPE 4" SOLID WHITE LINE 100 LF 2.50 250 WITH R.P.M.'s PER CALTRANS, DETAIL 38. "4l z13.3321 x'14183' -__ t • PAGE S OF S page 2 of 2 24. SANDBLAST 690 LF 2.0 1,380 29. FURNISH & INSTALL R3-34 (MIN.) 1 LS 300.0 (RIGHT) ON 4 X 4 REDWOOD TIMBER POST WITH HIGH INTENSITY REFLE- CTIVE SHEETING. 31. STRIPE 4" WHITE (3' LINE, 12' 240 LF 3.0 720 CAP 3' LINE, 6' TYPE G REFLECTION) PER CALTRANS DETAIL 37 . 32. INSTALL R3-74 (MIN) (RIGHT) ON 1 LS 300.0 300 4 X 4 REDWOOD TIMBER POST WITH HIGH INTENSITY REFLECTIVE SHEETING. 33. INSTALL CHANNELIZING MARKING PER 1 LS 150.0 150 CALTRANS DETAIL 36. --. RELOCATE EXIST. TYPE F-1 3 EA 20.0 60 DELINEATOR AS SHOWN. --. RELOCATE EXIST. STREET NAME SIGN 1 LS 100.0 100 AS SHOWN. --. ADJUST EXIST. WATER VALVE TO GRADE 2 EA 150.0 300 PER CVWD STD. W-3. SUBTOTAL $ 5,135 TOTAL S 21.375 I f© �✓1' in�ro,rlfo unwll 1961 1776 April 19, 1996 Mr. Stanley R. Stanbridge 3010 Harbor Boulevard, No. B Costa Mesa, California 92626 Re: Release of Sureties for Landscaping (Parcel Map 88-396) Dear Mr. Stanbridge: MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL WYATT HMT GILJONES CAROLYN NASH DAVID SWERDLIN CITY MANAGER GEORGE SCARBOROUGH Per City Council action of April 16, 1996, the following bonds are hereby released: BOND NO, PURPOSE AMOUNT Faithful Performance Landscaping $14,700 3SM 772 561 00 Labor & Material Landscaping $14,700 3SM 772 56100 Enclosed are certified copies for your records. If you have any questions, please do not hesitate to call me at (714) 443-6310. Very truly yours, Dawn M. Schanderl Deputy City Clerk Enclosure cc: William Huber, Director of Engineering & Building Tony Foster, Senior Engineering Technician 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 0 0 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, DAWN M. SCHANDERL, Deputy City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the attached is a true and correct copy of the following document: I. Subdivision Faithful Performance Bond No. 3SM 772 56100, dated November 14, 1991, in the amount of $14,700 and regarding Landscaping, Parcel Map 88-396 (Subdivision Improvement Agreement) (Stanbridge). 2. Subdivision Labor and Material Bond No. 3SM 772 561 00, dated November 14, 1991, in the amount of $14,700 and regarding Landscaping, Parcel Map 88-396 (Subdivision Improvement Agreement) (Stanbridge). (SEAL) DAWN M. SWANDERL, DEPUTY CITY CLERK San Juan Capistrano, California Dated this 19th day of April, 1996. • � � �j� : �50aj Ooo "EXECUTED IN TRIPLICATE"(//5/91 G%U// — SUHDIVISION PAITHFVL PERFORMANCE BOND (GOVERNMENT CODE S 66499.1) BOND 13SM 772 561 00 PREMIUM: $441.00 WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Stanley R. Stanbridge (hereafter designated as "Principal"), have entered into a Sub- division Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated Nav:=M9£P l9 , 19 91 , and identified as Project Landscape , is hereby referred to and made a part hereof; and WMREAS, said Principal is required, under the tarms of the said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW, T37MMORE, we, the Principal and American Motorists Insurance Company = , as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of ***Fourteen Thosuand Z"en_Rundred and nO/100*** ($14,700.00) Dollars, lawful money of the ansted States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there by any, to require that a demand agH d st against the Principal in the event of default. i BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in 00 addition to the face amount specified, there shall be included costs and reasonable .expensas and feast including reasonable attorney's feast incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Suraty, for value received, hereby stipulates and agrees that no change, extansion of time, alteration, or modifi- cation of the contract doc%zma^ts or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. 91 Executad this 14th day of November , i9 $b, ' at Orange California. pR==PPL Stanley R. Stanbridge (NOTARIZATION AND SEAL) SURETY American Motorists Insurance Company APPROVED AS TO FORM. Doug Lane/Attorney-in-fact (NOTARIZATION AND SEAL) Attorney STATE OF CAUFORNIA ) COUNTY OF ORANGE ) ss. On NOV 14 1991 '19 , before me a Notary Public in and for said State, personallyappeared D—Lane personallyknown OFWLAL to me to be the person whose name is subscribed to the within Instrument K1M NGUVEN as the Attome In -Fact of AMERICAN MOTORISTS INSURANCE COMPANY, NOrgpy pUBUC-CAUFORNU0. Y' Co ORANGE COUNTY 7.1eg, and acknowledged to me that he subscribed the name of said Company thereto as Surety, and his own name as Attorney -In -Fact. Notary Pubjwer STATE OF CAUFORNIA ) COUNTY OF ORANGE ) ss. (Individual) ---------------- OFFICLALSEAL KIM NGUYEN NO(AORANG IC OUNTORNIA ORANGE COUNTY Comm. E ires Ju 301993 On November 14 undersigned, a 1otaq Stanley R. before me, the rsonally appeared to me on the basis of satisfactory evidence to be the person_ whose name is subscribed to the within instrument and acknowledgesthat be executed the same. WITNESS my hand and official seal. oU 46CUTED IN TRIPLICATE" Bond No. 3SM 772 561 00 PREMUM: Incl. W/Perf. Bond SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE, Section 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Stanley R. Stanbridge , (hereafter designated as "Principal'), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements, which said Agreement, dated IVoP,4 MQE E 19 , 19_2L_.., and identified as Project T.andsrape Tract 188396 is hereby referred to and made a part hereof; and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that, if said Principal or any of his or its sub -contractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, said Principal and as Surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of ***Fourteen Thousand Seven Hundred and N01100*** Dollars ($ 14.700.00 ), lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. RELEASED DATE INITIALS 1of2 THE CONDTi'ION OF THIS OBLIGATION is sucPthat, if said Principal, his or its heirs, executors, administrators, successors, assigns or sub -contractors shall fail to pay for any materials, provisions, provender, teams or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done or for any work or labor done thereon of any kind or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 5, Chapter 3 of the Government Code of California as amended that the Surety will pay the same in an amount not exceeding the sum specified int this bond and also in case suit is brought upon this bond will pay reasonable attorney's fees to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act so as to give a right of action to them or their assigns in any suit brought upon this bond. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or modification to the terms of the Agreement or to the work or to the specifications. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the 14th day of November , 19 91 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. 2 of 2 APPROVED AS TO FORM JOHN R. SHAW, CITY ATTORNEY NOTE: Please Attach Notary Acknowledgement and Power of Attorney Oct. '90 7 PRINCIPAL Stanley R. Stanbridge ( S 14 6 (NOTARIZATION AND SEAL) 2 of 2 SURETY American Motorists Insurance Co. Doug Lane Attorney-in-fact (NOTARIZATION AND SEAL) STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. (Individual) On November 14, 1991 before me, the pundersigned, a Notary Public in and for said tate, personally appeared p Stanley R. Stanbridge jo me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledgesthat he executed the same. WITNESS my hand and official seal. Notary's ignat STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. ItIM N�tn'EN� N�ORANGE M Comm. E ire9 Ju 30 7993 On NOV 14 1991 '19 , before me a Notary Public in and for said State, personally appeared Doug Lane personally known to me to be the person whose name is subscribed to the within Instrument as the Attomey-In-Fact of AMERICAN MOTORISTS INSURANCE COMPANY, and acknowledged to me that he subscribed the name of said Company thereto as Surety, and his own name as Attomey-In-Fact. otary Public i CJ CJ • 0 0 (4) Amending the Subdivision Improvement Agreement for Final Parcel Map 85-306, Rosan Ranch, and (5) Excluding Toyota from Condition No. 1 of Resolution No. 86-5-6-3 of Tentative Parcel Map 85-306 regarding coverage by CC&R's: RESOLUTION NO. 96-4-16-2. APPROVING PARTIAL. ASSIGNMENT OF IMPROVEMENT AGREEMENT. BOND SUBSTITUTION. AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT - AND EXCLUSION OF TOYOTA MOTOR SALES U.S.A._ INC. FROM CC&R'S IMPLEMENTATION (KLFKLA RANCHO REALTY. LLC/KEMPER/TOYOTA) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE PARTIAL ASSIGNMENT OF IMPROVEMENTS AND SURETY SUBSTITUTION, THE AMENDMENT OF SUBDIVISION IMPROVEMENT AGREEMENT, AND THE EXCLUSION OF TOYOTA FROM CONDITIONS, COVENANTS AND RESTRICTIONS IMPLEMENTATION REQUIRED FOR TENTATIVE PARCEL MAP 85- 306 (KUFKLA RANCHO REALTY, LLC/KEMPER/TOYOTA MOTOR SALES USA) The Mayor was authorized to execute the Partial Assignment of Improvement Agreement and the Amendment to Subdivision Improvement Agreement on behalf of the City. The approvals will not be effective until transfer of the property from Kemper to Toyota is complete. The Claim for Damages filed by Richard A. Cohn of the law offices of Wylie A. Aitken on behalf of Terry D. And Thomas A. Melum was denied in its entirety, as set forth in the Report dated April 16, 1996, from the City Attorney. :_ l'Wiwi gi .10:141 "Awal"ni►•5111111!]; :; •!►l L The Claim for Damages filed by Richard A. Cohn of the law offices of Wylie A. Aitken on behalf of Kay Lieb, Sandy Porter, and Caroline Bauer was denied in its entirety, as set forth in the Report dated April 16, 1996, from the City Attorney. :_ • 1 • Irl011, ii ilr, 111 •Mr,I Proposal: L Consideration of a request from Mr. Stanley Stanbridge to release him from Conditions 4c and 4e of City Council Resolution No. 90-8-7-3. Condition 4c required landscaping to be City Counoil Minutes -4- 4/16i96 V 0 • installed within the property subdivided via Parcel Map 88-396, which consists of a three -lot • subdivision located at the southwest corner of Paseo Christina and San Juan Creek Road. Condition 4e required the subdivider to enter into an agreement and submit a $14,700 surety bond to ensure the landscape installation. Applicant: Mr. Stanley Stanbridge 3 143 1 Paseo Christina San Juan Capistrano, CA 92675 Written Communication: Report dated April 16, 1996, from the Engineering and Building Director, recommending that the applicant's request to eliminate the two conditions of approval be approved. The Report included a memorandum from the Planning Director advising that the access easements had been removed and the fencing had been relocated to the property boundaries. Relocation of the fencing resulted in the property being included within an active horse pasture. Mr. Huber made an oral presentation. Public Hearing: Notice having been given as required by law, Mayor Hart opened the Public Hearing, and there being no response, closed the hearing with the right to reopen at any time. Adoption of Resolution Rescinding Conditions 4c and 4e of CC Resolution No. . -3 It was: It was moved by Council Member Jones, seconded by Council Member Nash, that the following Resolution be adopted: • • ► • • lei 91 I\ • 0 NJ I I M&IM101 CHRISTINA) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, RESCINDING CONDITIONS OF APPROVAL 4c AND 4e OF RESOLUTION 90-8-7-3, RELATING TO INSTALLATION OF LANDSCAPING, AND RELEASE OF SURETY (TENTATIVE PARCEL MAP 88-396/STANBRIDGE) The motion carried by the following vote: AYES: Council Members Campbell, Jones, Nash, Swerdlin, and Mayor Hart NOES: None ABSENT: None City Council Minutes -5- 3/16/96 0 0 AGENDA ITEM April 16, 1996 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering and Building SUBJECT: Resolution Rescinding Conditions 4c and 4e of Resolution 90-8-7-3 and Release of Surety, Parcel Map 88-396, Stanbridge (Southwest Corner, San Juan Creek Road/Paseo Christina). RECOMMENDATION: 1. Open the Public Hearing and review comments 2. Adopt the Resolution rescinding Conditions 4c and 4e of Resolution 90-8-7-3 (Approval of Tentative Parcel Map 88-396), and authorizing release of the corresponding surety. 3. Authorize the Mayor and City Clerk to execute the Resolution. SITUATION: A. Summary and Recommendation: Staff has received a request from Mr. Stanley Stanbridge to release him from Items 4c and 4e of the Conditions of Approval (Attachment 2). These Conditions require landscaping within property subdivided via Parcel Map 88-396. The Director of Planning has reviewed the background of the conditions and field reviewed the site and recommends elimination of the conditions (Attachment 3). B. Background: Parcel Map 88-396 consists of a three -lot subdivision at the southwest corner of Paseo Christina and San Juan Creek Road. At the time of subdivision, San Juan Creek Road had only recently been completed and the original private access easement from the former terminus of San Juan Creek Road to Paseo Christina still existed (see Location Map, Attachment 4). The Planning Commission addressed two concerns regarding this subdivision which resulted in the addition of Conditions 4c and 4e (Attachments 5 and 6). Condition 4c requires a conceptual landscape plan with landscape treatment to blend with the Diffley property to the west and the Paseo Mechelle development to the east. Condition 4e requires the subdivider to enter into an agreement regarding landscape installation. Said agreement further requires submittal of a surety ($14,700 bond) to insure landscape installation. FOR MIN COUNCIL A02, 0 0 AGENDA ITEM -2- April 16, 1996 The first issue concerned the blending of the landscape treatments within the Stanbridge subdivision with those of the adjacent properties (Diffley, Paseo Mechelle and San Juan Creek Road median). To date, the Diflley parcel has not developed, Paseo Mechelle has planted a row of oleander bushes and the median of San Juan Creek Road has been planted with native, drought -tolerant shrubs and trees. In keeping with the rural nature envisioned for the area, Mr. Stanbridge has installed a corral adjacent to San Juan Creek Road. The only other parcel of PM 88-396 abutting San Juan Creek Road has not yet been developed. It is assumed the future parcel owner would wish to install landscaping and fencing in conjunction with, and aesthetically compatible with, the residential development of the parcel. The second issue was the possible creation of a "no man's land" in the privately -owned area south of the right-of-way for San Juan Creek Road and north of the original access easement. Since the approval of the Parcel Map, the original access easement has been eliminated and Mr. Stanbridge has installed a corral in the area of concern. The third issue regarded the removal of a mature Pepper tree to accommodate construction of the Stanbridge residence. Prior to removal, a tree removal permit was issued by the City, however, the Planning Commission felt a landscape plan would ensure adequate replacement landscaping for the removal of the Pepper tree. As noted above, the Planning Director has reviewed the site and has recommended elimination of the landscape condition. There exists an area between the Parcel Map boundary and the pavement of San Juan Creek Road that could be landscaped as a future city capital project. This area was not subject to the landscape conditions placed on the parcel map. Additional Conditions of Approval placed upon Parcel Map 88-396 included installation of a right -turn pocket for Paseo Christina which has been completed. All other Conditions of Approval have been satisfied. In addition, Mr. Stanbridge had previously donated approximately an acre of right-of-way for San Juan Creek Road. COMMISSION/BOARD REVIEW AND RECOMMENDATION Not applicable. NOTIFICATION See Attachment 7. Notification List. FINANCIAL CONSIDERATIONS There is no cost to the City by this action. 9 AGR -NDA ITEM -3- April 16, 1996 ALTERNATE ACTIONS 1. Adopt the Resolution. 2. Do not adopt the Resolution. 3. Request additional information from Staff. RECOMMENDATION I . Open the Public Hearing and review comments. 2. Adopt the Resolution Rescinding Conditions 4c and 4e of Resolution 90-8-7-3 (Approval of Tentative Parcel Map 88-396) and authorizing release of corresponding surety. 3. Authorize the Mayor and City Clerk to execute the Resolution. Respectfully submitted, William M. Huber Director of Engineering and Building Attachments: 1. Resolution 2. Resolution 90-8-7-3 3. Memorandum, January 2, 1996 4. Location Map 5. Memorandum, June 26, 1990 6. Planning Commission Minutes, June 26, 1990 7. Notification List sanbridge Prepared by, R. Anthony Foster Engineering Assistant RESOLUTION NO. 96-4-16-3 1 1 W lanx-91 a C ww ItIll 1• / 1; / 3131 I"s "M11 A RISOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, RESCINDING CONDITIONS OF APPROVAL 4c AND 4e OF RESOLUTION NO. 90-8-7-3 RELATING TO INSTALLATION OF LANDSCAPING, AND RELEASE OF SURETY (TENTATIVE PARCEL MAP 88-396/STANBRIDGE) WHEREAS, the property owner, Mr. Stanley Stanbridge, has requested elimination of Conditions of Approval 4c and 4e, requiring installation of landscaping; and, WHEREAS, the Director of Planning has reviewed the conditions and existing site and determined that the landscape work is no longer necessary; and, WHEREAS, the City Clerk has duly advertised that on April 16, 1996, the City Council will hear testimony at a Public Hearing regarding this matter. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano as follows: The City Council has heard and reviewed testimony regarding this item. The landscaping required by Resolution No. 90-8-7-3 is no longer necessary. Conditions of Approval 4c and 4e of Resolution No. 90-8-7-3 may be eliminated in their entirety. All other Conditions of Approval adopted by Resolution No. 90-8-7-3 shall remain in force. md"I mi The surety submitted to the City for said landscape work may be released. The Mayor and City Clerk are hereby authorized to execute this Resolution. PASSED, APPROVED, AND ADOPTED this 16th day of April , 1996. ATTEST: CITY CLE�RKc ) WYAT T, MAYOR -2- 1 • • STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 96-4-16-3 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 16th day of April 1996, by the following vote: AYES: Council Members Jones, Nash, Swerdlin, Campbell and Mayor Hart NOES: None ABSTAIN: None ABSENT: None (SEAL) CHERYL JOO CITY CLERK -3- • • 101 RESOLUTION NO. 90-8-7-3 ATTACHMENT 2 APPROVING TENTATIVE PARCEL MAP 88-396 (STANBRIDGE) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 88-396 (STANBRIDGE) WHEREAS, the applicant, Mr. Stanley R. Stanbridge, 31431 Paseo Christina, San Juan Capistrano, California, has submitted Tentative Parcel Map 88-396, proposing to subdivide approximately 9.093 acres of land, identified as Assessor's Parcel No. 121- 671-20, into three residential lots; and, WHEREAS, the City's Environmental Review Board has determined that the proposed project will not have a significant effect on the environment, has accordingly issued a negative declaration for the project, and has otherwise carried out all requirements of the California Environmental Quality Act; and, WHEREAS, the City Planning Commission has forwarded the project to the City Council recommending approval; and, WHEREAS, a public hearing has been duly advertised and held to review and receive public testimony on the application; and, WHEREAS, the City Council of the City of San Juan Capistrano finds and determines as follows: 1. The proposed project, as conditioned, and its design and improvements are consistent with all elements of the General Plan; and, 2. The proposed project, as conditioned, conforms to all applicable requirements of Title 9 of the City's Municipal Code (Land Use); and, 3. The project site is physically suitable for the type and density of the proposed development; and, 4. The design and improvements of the proposed project will not cause substantial environmental damage; nor will said design or improvements avoidably injure wildlife or their habitat; and, 5. The design or improvements of the proposed project will not cause serious public health problems; and, 6. The design or improvements of the proposed project will not conflict with easements acquired by the public at large for access through or use of property within the proposed project; and, 7. The design or improvements of the proposed project will not interfere with the maintenance or preservation of an historical site. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano, does hereby approve the Negative Declaration and does hereby approve Tentative Parcel Map 88-396 (Stanbridge), subject to the following conditions: 1. Expiration of Approval - Per Section 9-2.305 of the Municipal Code, this project development approval shall expire on August 7, 1992, i.e., two years from the City Council approval date. If the final map has not been recorded by that date, the development approval shall become null and void. 2. Easement - The 30 -foot ingress/egress easement which bisects the northern portions of Parcels 1 and 3 shall be quitclaimed prior to approval of the final map. 3. Grading Plan a. The Environmental Review Board shall review the grading plans for each parcel to ensure consistency with the Hillside Management District requirements and the conditions of approval for said map prior to release for building and grading plan check review. b. The graded pad portions of Parcels 2 and 3 shall be reduced to approximately 10,000 square feet in overall size for each parcel. The western perimeter of the building pad and accessory structures for Parcel 2 shall not extend beyond the existing 140 -foot contour line. The western perimeter of the graded pad and accessory structures for Parcel 3 shall not extend beyond the existing 135 - foot contour line. The minor grading needed to construct the building pads may extend beyond these contour lines. 4. Landscaping a. The two trees located along the southern perimeter of Parcel 2 shall be preserved. b. All manufactured slopes, which may result from site development, shall be hydroseeded or treated with a similar erosion control method. The erosion control method shall be identified on the grading plan reviewed by the Environmental Review Board prior to plan check release. C. A conceptual landscape plan for Parcel Nos. 1, 2, and 3 shall be submitted to and approved by the Director of Community Planning and Development prior to approval of the final map. Said landscape plan shall blend with the landscape treatment on the adjacent property to the west (TT 13823 - Diffley), the property across Paseo Christina and to the east (Parcel Map 81-856 - Freeman), and the palette planned for the center median on San Juan Creek Road in front of subject property. Special attention shall be given to the landscape treatment in the area between the existing right-of-way and the existing fence line on Parcel 1. Said -2- 105 landscaping shall maintain the rural character of the area and offset the removal of a mature Pepper tree during the construction of the existing dwelling. d. The existing Pepper tree which is located on the southwest corner of Paseo Christina and San Juan Creek Road shall be preserved. e. The subdivider shall install all landscaping shown on the approved landscape plan, in accordance with a schedule to be specified in a subdivision improvement agreement. Such agreement shall be approved concurrently with the final map. 5. Public Improvements - The applicant shall be required to complete the following public improvements prior to building permit issuance for Parcel Nos. 2 and 3. a. The applicant shall install a water main and fire hydrant per Orange County Fire Department requirements in La Pasita prior to issuance of the first building permit. One hydrant shall be located near the driveway for Parcel 2. Final location of the fire hydrant for Parcel 3 shall be determined by the Orange County Fire Department prior to grading permit issuance for said parcel. b. Parcel Nos. 2 and 3 shall be required to connect into one of the three sewer lines which surround the property. Should topographical and engineering conditions require the sewer line for Parcel 3 be connected into the Paseo Christina line, Parcel 1 shall grant an easement for said sewer line. C. All above -ground utility lines, including the poles, within the property boundaries shall be located underground. All utilities lines shall be installed prior to the issuance of the Certificate of Occupancy. Circulation and Access-- The driveway which accesses Parcel 3 shall be a minimum 20 -foot -wide per Orange County Fire Department standards. A turnaround for Fire Department apparatus shall be included on the final parcel map. Said turnaround shall conform to Orange County Fire Department standards. Fees and Permits - All required development fees shall be paid prior to the approval of the final map. Building and grading plan check and permit fees shall be paid prior to the issuance of the applicable permits. No work may be started prior to issuance of all applicable permits by the City Building Official. San Juan Creek Road Improvements - The subdivider shall enter into a subdivision improvement agreement with the City to provide for improvements to the eastbound side of San Juan Creek Road along the property frontage, in accordance with the City's Precise Alignment Plan. Said improvements shall include paving and striping of the road and any necessary road signing. The agreement shall either specify that -3- 14 • • 1) the subdivider will deposit with the City funds to fully cover these improvements, or 2) that the subdivider will install the improvements. The amount of deposit for such improvements shall be determined by the City Engineer. This agreement shall be approved concurrently with the final map. PASSED, APPROVED, AND ADOPTED this 7th day of August , 1990. < --e -..e --(� w1 ARY AUSD RFER, MAS R ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 9n -g-7-3 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 7th day of Au¢ust , 1990, by the following vote: AYES: Councilmen Schwartze, Buchheim, Bland and Mayor Hausdorfer NOES: None ABSTAIN: None ABSENT: Councilman Friess (SEAL) CHERYL JCffiNSON, CITY CLERK -4- 0 MEMORANDUM &TTACHMENT-3 TO: Bill Huber, Director of Engineering and Building Services FROM: Thomas Tomlinson, Planning Direct24,,__ January 2, 1996 SUBJECT: Release of Landscape Bond - Parcel Map 88-396 (Stanbridge) I am in receipt of a request from Mr. Stanbridge to release him from the landscape provisions included as a condition of approval associated with the parcel map. I have reviewed the history of the project, the approvals, the addition of the specific condition and the current conditions that are found in the field. The results of this evaluation are as follows: * The specific condition was added at the meeting of the Planning Commission consideration of the tentative parcel map. There was no analysis included in the report to the Planning Commission that states a reason for adding a condition for a specific landscape area between the fence and the ultimate right-of-way for San Juan Creek Road. At the time that the parcel map there were several easements that impacted were the location of a fence could be installed. These easements were as a condition to be deleted. * The specific condition that was added states that... "A conceptual landscape plan for Parcel Nos. 1, 2, and 3 shall be submitted to and approved by the Director of Community Planning and Development prior to approval of a final map. Said landscape plan shall blend with the landscape treatment on the adjacent property to the west (TT 13823 - Diffley), the property across Paseo Christina and to the east (Parcel Map 81-856 Freeman), and the palette planned for the center median on San Juan Creek Road in front of subject property. Special attention shall be given to the landscape treatment in the area between the existing right-of-way and the existing fence line on Parcel 1. Said landscaping shall maintain the rural character of the area and off -set the removal of a mature Pepper tree during the construction of the existing dwelling". It would appear that the intent of the condition was to prevent a no -man's land being created between the pasture fence and the ultimate right-of-way for San Juan Creek Road that would collect weeds and trash since it would be adjacent to the new alignment for Paseo Christina to connect to the improvements for San Juan Creek Road. Furthermore, it would also appear that the intent may have also been to maintain the area in a nice condition until the issue of the surface easements could be resolved. * There was no condition placed upon the map which restricted the location of the fence as it then existed, nor prevented its relocation other than the need to not encumber the then surface easements that were located on this portion of the parcel. Once the issue of the previous access easements over the property were resolved with the final map, the restriction for placement of a new fence concurrent with the parcel boundaries was removed. A field inspection conducted on December 27th revealed that the fence had been relocated to the parcel boundaries and is currently part of a horse pasture. MEMORANDUM - Stanbridge -2- January 2, 1996 The present landscape bond was directed to the future installation of the landscaping between the fence and the right-of-way for San Juan Creek Road. With the relocation of the pasture fence there is no longer an area for installing landscaping. In addition, the treatment for the area to the east and that for Diffley is consistent with the rural theme currently present at the Stanbridge parcel and discussed as a point of consideration in the condition. Based upon all of the above, the intent of the condition and the condition that prevented the initial relocation of the fence have significantly changed the present situation. I would recommend that relief from the condition be granted by the Council with the release of the landscape bond. This conclusion is based upon the following findings: The access easements that previously prevented the relocation of the fence have been removed. The fence has now been relocated and is part of an active horse pasture. 2. The creation of a no -man's land that could collect trash and weeds has been removed. The area that would have been landscaped is now inside the fence line of the pasture and could not be protected from the horses unless an additional fence was installed. As I noted initially in this memorandum, there was no restrictions placed upon the property owner to use his property as permitted by the EL (Large Estate) District. If you should have any further questions or clarifications, please let me know. stanbrg 12.29 CC: Bill Ramsey, Senior Planner Tony Foster, Senior Engineering Technician SAN JUAN CREEK SAN JUAN CREEK ROAD R/W ORIGINAL ALIGNMENTISJ CRK RD AREA SUBJECT TO DIFFLEY PM PARCEL 3 �TTACHMENT 4. OCATION MAP NORTH (L awn O f = St IN is s PARCEL 1 PASEO MICHELLE 0 MEMORANDUM TO: Planning Commission AOTACHMENT 5 June 26, 1990 FROM: Lynn Dosheery, Land Use Manager SUBJECT: U Recommended Addendum Conditions for TPM 88-396 (Stanbridge) and Planning Commission Resolution 90 -6 -26 - In order to coordinate the current application with both the adjacent Freeman parcels across Paseo Christina and to the east and the Diffley tentative tract to the west of the subject site, staff is recommending the following addendum conditions for Tentative Parcel Map 88-396 (Stanbridge) and Planning Commission Resolution 90-6-26-. 4c. A conceptual landscape plan for Parcel Nos. 1, 2, and 3 shall be submitted to and approved by the Director of Community Planning and Development prior to approval of the final map. Said landscape plan shall blend with the landscape treatment on the adjacent property to the west (TT 13823 - Diffley), the property across Paseo Christina and to the east (Parcel Map 81-856 - Freeman), and the palette planned for the center median on San Juan Creek Road in front of subiprt property. Special attention shall be given to the iaiioscape treatment in the area between the existing right-of-way and the existing fence line on Parcel 1. Said landscaping shall maintain the rural character of the area and off -set the removal of a mature Pepper tree during the construction of the existing dwelling. 4d. The existing Pepper tree which is located on the southwest corner of Paseo Christina and San Juan Creek Road shall be preserved. GWS/062690 0 0 ATTACHMENT 6 PC Minutes -3- June 26, 1990 already spent for building shell modifications. He indicated there woe be no parking problems due to the fitness center's display of signs regarding parkin 91,0cations, the large existing parking areas, and that bicycle racks have already been ins led. Ms. Dosheery tated that a permitted use does not require ny permit or land use approval by the ommission. She indicated staff felt tha due to potential parking problems, it was re appropriate to identify this as a con tional use permit within the Planned Community. Additionally, staff noted that the incipal permitted uses within the Planned Communi are strictly limited to office u and that the proposed use does not fit within that cate rv. The public hearing was open d by Chairm/Hart.Mr. Robert Dennis, Family Fit ss Centtative, stated this club is one of the best -run clubs in California, and at it eal amenity for the community. He indicated these clubs sell long -ter memnd expressed support for identifying it as a principal permitted use. Chairman Hart closed the public Motion Commissioner Jones made a otion, Commis 'oner Forster seconded, to adopt PC Resolution No. 90-6-26-3 f warding Rezone -01 to the City Council with a recommendation of approv to allow a health cl as a conditional use in Planning Sector B-1 of the Ortega P ned Community. The moXon carried 3-0. Commissioner Jones de a motion, Commissioner Fo ter seconded, to adopt PC Resolution No. 90-6-292 approving Conditional Use Permi 0-01 for establishment of health club use andared parking (upon City Council appro of Rezone 90-01 which determines whethe the proposed fitness center is a compatibl use within the Ortega Planned Communijfl, subject to the following modifications - 1. In or er to ensure that parking will be available for shared e by both health cl and office patrons, parking shall remain unreserved and assigned within t Capistrano Business Center. The Director of Communit Planning and evelopment shall approve the final signing and space marking N,ans for all parking lots. Delete; No. 5 becomes No. 4 The motion carried 3-0. Mr. Stanbridge, the applicant, questioned if the size of the pads (10,000 square feet) could be changed, and if the elevations of the pads could be moved up a slope. The public hearing was opened and closed with no one coming forward to speak. 0 0 PC Minutes -4- June 26, 1990 Commissioner Jones suggested that some flexibility in the pad size and location be given. He also indicated that retaining walls should not be allowed. The Commission concurred that development constraints on the future parcels need to be made known to prospective buyers. Motion Commissioner Jones made a motion, Commission Forster seconded, to adopt PC Resolution No. 90-6-26-4 forwarding Tentative Parcel Map 88-396 (Stanbridge) to the City Council with a recommendation of approval, subject to the following modifications: 3. Grading Plan b. The graded pad portions of Parcels 2 and 3 shall be reduced to approximately 10,000 square feet in overall size for each parcel. The western perimeter of the building pad and accessory structures for Parcel 2 shall not extend beyond the existing 140 -foot contour line. The western perimeter of the graded pad and accessory structures for Parcel 3 shall not extend beyond the existing 135 -foot contour line. The minor grading needed to construct the building Dads may extend beyond these Add the following new conditions - 4. C. A conceptual landscape plan for Parcel Nos. 1, 2, and 3 shall be submitted to and approved by the Director of Community Planning and Development prior to approval of the final map. Said landscape plan shall blend with the landscape treatment on the adjacent property to the west (TT 13823 - Diffley), the property across Paseo Christina and to the east (Parcel Map 81-856 - Freeman), and the palette planned for the center median on San Juan Creek Road in front of subject property. Special attention shall be given to the landscape treatment in the area between the existing right-of-way and the existing fence line on Parcel 1. Said landscaping shall maintain the rural character of the area and offset the removal of a mature Pepper tree during the construction of the existing dwelling. d. The existing Pepper tree which is located on the southwest corner of Paseo Christina and San Juan Creek Road shall be preserved. The motion passed 3-0. for Commissioner Jones cla a "con ' of interest" due to the location of his property within the Los Rios oric District, and ned from both the discussion and vote on this proposal. 0 Stanley Stanbridge Joseph Meehan Donald Shaw James Diflley James Ewoldt Evagelos Vardakostas John Clifton PLLP Walter Hoffman Victor Starnes Mark Post Karl Lederer Robert Meserve Ronald Adams Kenneth Friess NOTIFICATION LIST 0 ATTACHMENT 7 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA COUNTY OF ORANGE I am a citizen of the United States and a resident of the County aforesaid. l am Over the age of eighteen years, and not a party to Or Interested in the above entitled matter. 1 am the principal clerk of the Capistrano Valley News, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on June 7, 1984, Case No. A-122949 in and for the City of San Juan Capistrano, County of Orange, State of California; that the notice, of which the annexed is a true printed copy has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: _- April 04, 1996 I declare under penalty of perjury that the foregoing is true and correct. Executed at Lake Forest, Orange County, California, on Date April 04 19 96 1 J SpOaMg Capistrano Valley News 22481 Aspen Lake Forest, CA 92630 (714)768-3631 0 Space below for Filing Stamp Only. RECEIVED Proof of Publication of NOTICE OF PUBLIC HEARING .v PUBLIC HEARING 'CITY OF SAN JUAN CAPISTRANO MIS HEREBY GIVEN; thet on the IBth day ofAPl(.SM In the City Council Chamber. 32400 Pueo A40II61 fTMOMDLAGDITON OF APPROVY PING ,PAMCMMAR� (STANDRIDGE) A amPaat will he heard before the City Conotli b elindOW a ,MdV4M of approve] reydring lnstasauon of 1wndWagft1,W P,s1g�s��beefed et the souWwed corner of sen Jum Cres!BOOM aPi Nlaa Christina ant (mown sr Parcel Yep gS2BA Thaw Mlitio. of approval placed on the subject parent glad F gW".remittal of a landerape plan and installation taut %mggdaft within the parte]cupheuMary. The r .MMatsam Ilan b a, following: (I) record of an .dazing tree; ('J)� within an area south of the ri,btof-way Por Cagga ed and north of the previous private eeeement m T---.Fi,]toR9'. A that the rmoval of the, . rampant for Sen Jam now carnal and landscaping a laodsrsoina ham been v to FW §Wdwr Whramim,ou ouO rptact B. Anthony Fo PaI afsaglwip.A404111. lgMlYrak CaphOamn va" gfamn AamrlAaaaa 0 NOTICE OF TRANSMITTAL - LEGAL PUBLICATIONS TO: CAPISTRANO VALLEY NEWS Jo Ramsey, Legal Publications FOR PUBLICATION ON: DOCUMENT TO BE PUBLISHED: PROOF OF PUBLICATION AUTHORIZED BY: DATE: March 27, 1996 THURSDAY, APRIL 16, 1996 NOTICE OF PUBLIC HEARING - REQUEST TO ELIMINATE CONDITION OF APPROVAL FOR PARCEL MAP 88-396 (STANBRIDGE) Please send to: City Clerk's Division, City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (714)493-1171 Date of Public Hearing -04/16/96 Date notice published -04/04/96 Date affidavit received %� A! l�V Cz/YNL Date notice posted in designated posting places (3) -04/04/96 Date notice posted on property -04/04/96 Date of mailing notice to interested parties -04/04/96 Date notice transmitted to City Manager's Office -03/27/96 Charge to Account No. 01-61111-4412-15000 0 FOR OFFICE USE ONLY_ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) 1► • • ' • `�lih[ I, CHERYL JOHNSON, declare that I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; that on Apri14, 1996, I caused the above Notice to be posted in three (3) public places in the City of San Juan Capistrano, to wit: City Hall; Old Fire Station Recreation Complex; Orange County Public Library AND, that on April 4, 1996, the above Notice was published in the Capistrano Valley News newspaper. I declare under penalty of perjury that the foregoing is true and correct. City of San Juan Capistrano California notice of PUBLIC HEARING CITY OF SAN JUAN CAPISTRANO NOTICE IS HEREBY GIVEN, that on the 16th day of April, 1996, at 7:00 P.M. in the City Council Chamber, 32400 Paseo Adelanto, San Juan Capistrano, California, the City Council will hold a public hearing on the following: REQUEST TO ELIMINATE CONDITION OF APPROVAL FOR INSTALLATION OF LANDSCAPING, PARCEL MAP 88-396 (STANBRIDGE) A request will be heard before the City Council to eliminate a condition of approval requiring installation of landscaping for property located at the southwest corner of San Juan Creek Road and Paseo Christina and known as Parcel Map 88-396. Two conditions of approval placed on the subject parcel map required submittal of a landscape plan and installation of said landscaping within the parcel map boundary. The requirement was due to the following: (1) removal of an existing tree; (2) to insure landscaping within an area south of the right- of-way for San Juan Creek Road and north of the previous private easement for San Juan Creek Road (now abandoned); and (3) to ensure continuity of landscaping with San Juan Creek Road and the subdivisions to the east (Paseo Mechelle) and west (Diffley). It has been determined that the removal of the existing tree was permitted. The previous easement for San Juan Creek Road has been vacated and a horse corral and landscaping installed in that area. The surrounding landscaping has been minimal and the Diffley property not yet developed. Therefore, the Director of Planning has recommended Conditions 4c and 4e of Resolution 90-8-7-3 be eliminated. Those desiring to be heard in favor of, or in opposition to, this item will be given an opportunity to do so during such hearing or, prior to the meeting, by writing to the City Council at 32400 Paseo Adelanto, San Juan Capistrano, California 92675, Attention: City Clerk. Government Code Section 54957.5 stipulates that writings distributed to the legislative body by any person are public records and shall be made available without delay. If you bring written information to the City Council meeting for distribution to the City Council at such meeting, please provide additional copies for distribution to the audience. For further information, you may contact R. Anthony Foster, Department of Engineering, at 443- 6351. CHERYL JORNSqX, CITY CLERK PM 88-396 Joseph C. Meehan Evagelos Vardakostas mark D. Post 28330 Paseo Michelle 28328 Paseo Michelle 28722 Paseo Miraloma San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Stanley R. Stanbridge John C. Clifton Karl H. Lederer 3010 Harbor Blvd. 'B" P.O. Box 515 31487 La Pasita Costa Mesa, CA 92626 San Juan Capistrano, CA 92693 San Juan Capistrano, CA 92675 Donald W. Shaw P L L P Robert H. Meserve 31491 Paseo Christina Ste 860, 5 Hutton Center Dr. 28332 Paseo Michelle San Juan Capistrano, CA 92675 Santa Ana, CA 92707 San Juan Capistrano, CA 92675 James W. Diflley Walter Hoffman Ronald S. Adams P.O. Box 485 35821 Beach Rd. 31472 Paseo Christina Corona Del Mar, CA 92625 Capistrano Beach, CA 92624 San Juan Capistrano, CA 92675 James R. Ewoldt Victor B. Starnes 1460 Westmont Dr. 31492 Paseo Christina Mr. Ken Friess Anaheim, CA 92801 San Juan Capistrano, CA 92675 31508 Paseo Christina San Juan Capistrano, CA 92675 0 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SAN JUAN CAPISTRANO 0 ) ss AFFIDAVIT OF POSTING (Pursuant to Government Code Section 65091) I, R. Anthony Foster, hereby declare that on April 4, 1996, I posted at least three (3) copies of Notice of Public Hearing for the Request to Eliminate a Condition of Approval for Installation of Landscaping, Parcel Map 88-396 (Stanbridge), in conspicuous locations along San Juan Creek Road and Paseo Christina at not more than 300 feet apart. I declare under penalty of perjury that the foregoing is true and correct. Dated this 4th day of April, 1996. R. Anthony Foster, Senior Engineering Technician August 3, 1994 Dr. Stanley Stanbridge 31431 Paseo Christina San Juan Capistrano, CA 92675 Jw� I (� �mionxonnno ts�nmxao � 1961 1776 Re: Release of Subdivision Warranty Bond Parcel Man 88-396 Dear Dr. Stanbridge: MEMBERS OF THE CIN COUNCIL COLLENE CAMPBELL GARY L NAUSDORFER GIL JONES CAROLYN NASH .EFF VASCUEZ CITY MANAGER GEORGESCARBOROUGH On August 3, 1993, the City Council authorized the acceptance of Subdivision Warranty Bond No. 3SM 772 563 00-A in the amount of $7,215.00 for roadwork regarding Parcel Map 88-396. Said bond was to be released after one year. Enclosed is a certified copy of the warranty bond released this 3rd day of August, 1994 If you have any questions, please do not hesitate to call me at 443-6310. Very truly %yours, Dawn M. Schanderl Deputy City Clerk Enclosure cc: Cheryl Johnson, City Clerk Theodore Simon, City Engineer 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 0 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO 0 I, DAWN M. SCHANDERL, Deputy City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the attached is a true and correct copy of the following document: Subdivision Warranty Bond No. 3SM 772 563 00-A, dated August 2, 1993, in the amount of $7,215.00 and regarding roadwork, Parcel Map 88-396 (Stanbridge). (SEAL) DAWN M. SCftkNDERL, DEPUTY CITY CLERK San Juan Capistrano, California Dated this 3rd day of August, 1994. • EXECUTED IN TRIPLICATE • RELEAIT, UIMA VIIEVE w0wo Bond No. 3SM 772 563 00-A CODE, Sections 66499.7 and 66499.9) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Stanley R. Stanbridge (hereinafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements which said Agreement, dated November 19 , 19_91___., and identified as Project Roadwork, PM 88-396, is hereby referred to and made a part hereof; and, Southwest corner, San Juan Creek Rd./Paseo Christina WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the guarantee, and warranty of the improvements required under said agreement; NOW, THEREFORE, we, the Principal and American Motorists Insurance Company as Surety, are held and firmly hound unto the City of San Juan Capistrano, hereinafter called "City", in the penal sum of Seven Thousand Two Hundred Fifteen S NO/100ths Dollars ($ 7,215.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if Principal shall promptly and faithfully perform such warranty and guarantees as specified in said Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered - 1 of 2 The Surety hereby stipulates and agrees that no change, extension of time, al+oration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifirtations. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the 2nd day of August , 19_ 93 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. PRINCIPAL Stanley R. Stanbridge APPROVED AS TO FORM (NOTARIZATION AND SEAL) JOHN R. SHAW, CITY ATTORNEY NOTE: Please Attach Acknowledgement and Power of Attorncy I Oct. '90 2 of 2 SURETY American Motorists Insurance E— Company Doug Lane/Attorney—in—fact (NOTARIZATION AND SEAL) State of California County of Orange On AU G - 2 1993 (DATE) personally appeared _ before me, Susan E. Morales, Notary Public (NAME. TITLE OF OFFICER -I.E.. -JANE DOE. NOTARY PUBLIC-) 'Doug -Lane INAME(S) OF SIGNER(S)) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are sub- scribed to the within Instrument and acknowledged OFFICIAL SEAL v to me that he/she/they executed the same in SUSAN E. MORALES Ehis/her/their authorized capacity(ies), and that by NOTARY PUBLIC -CALIFORNIA Rhis/her/their signature(s) on the instrument the COMOpANCrECION0U9�063 erson(s), or the entity upon behalf of which the NIY CaLnm.Osamberd 7998 erSOn(S)acted, executed the instrument. itness my hand and official seal. CAPACITY CLAIMED BY SIGNER(S) ❑ INDIVIDUAL(S) ❑ CORPORATE i OFFICER(S) PARTNER(S) (TITLE(S)) ATTORNEY IN FACT TRUSTEE(S) GUARD IAN /C O N S E R VATO R OTHER: SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENMY(IES)) American Motorists Insurance Company ,rnm -cf %� m aIL�A (SEALI (SIGNATURE OF NOTARY) ATTENTION NOTARY: The information requested below is OPTIONAL. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Signer(s) Other Than Named Above Date of Document WOLCORS FORM!7210—ALL PURPOSE A0011111VlIDG4INT WITH SWNER CAPACRY/REPRESENfATIDWRNGERPRM—Rrv. 12-82 OK@ WOLCORS FORMS, NC 0 STATE OF ILLINOIS SS COUNTY OF LAKE L] I, Marilyn L. Riley, a Notary Public, do hereby certify that J. S. Kemper, III and F. C. McCullough personally known to me to be the same persons whose names are respectively.as Senior Vice President and Secretary of the American _ Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth. My commission expires: CERTIFICATION 4-9-96 1"OFFICIAL SEAL" 4 Marilyn L. Rlloy ► 4 Notary Public, Stale of Illinois - My Cmnminion Expires 419196 ► Mar&L. L. Riley, Notary rubtya I, N. J. Zarsda, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney dated July 1, 1992 on behalf of the person(s) as listed on the reverse side is a true and correct copy and that the saw has been in full force and offset since the date thereof and is in full force and effect on the date of this certifleste) and I do further certify that the said J. S. Komper, III and F. f. McCullough who executed the Power of Attorney as Senior Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Senior Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American Motorists Insurance Company on this AU G 2 1993 day of - , 19 ai ii )i N.J.Zarada, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. FM 836-5 6-92 1M PRINTED IN U.S.A. Power of Attorney - Tera AMERICAN MOTORISTS INSUILANCE COMPANY ®r—+ Home Office: Long Grove, IL 60049 narmnaL InSORance POWER OF ATTORNEY companies Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint Doug Lane of Orange, California ** its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1994, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertakin exceeds ONE MILLION DOLLARS ($1,000,000.00)ft** EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond t,lthin the dollar limit of authority as set forth herein. This.appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1994. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and offset: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: -NOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Seerstary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of July , 1992 . Attested and Certified: �C F.C.McCullough, Secretary (OVER) AMERICAN MOTORISTS INSURANCE COMPANY by J.S.Xempe'r,III,Senior Vice President 0 August 24, 1993 Dr. Stanley Stanbridge 31431 Paseo Christina San Juan Capistrano, California 92675 Re: Completion of Public Improvements and Release of Bonds - Parcel Ma�88-396 Dear Dr. Stanbridge: MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL GARY L HAUSOORFER GIL JONES CAROLYN NASH JEPEVASOUEZ CITY MANAGER GEORGESCARBOROUGH At their meeting of August 3, 1993, the City Council of the City of San Juan Capistrano adopted Resolution No. 93-8-3-1, accepting the work completed for the construction of a right -turn lane on eastbound San Juan Creek Road at Paseo Christina. A copy of Resolution No. 93-8-3-1 is enclosed for your information. The Monumentation Bond in the amount of $2,480, and the Faithful Performance and the Labor and Material Bonds in the amount of $21,375 will be released upon the expiration of 35 days from recording of the Notice of Completion. The Notice was recorded on August 20, 1993; therefore, the bonds may be released on September 24, 1993, subject to receipt of a warranty bond in the amount of $7,215. The warranty bond may be released on August; 3, 1994; tho Faithful Performance and Labor and Material bonds in the amount of $14,700 for landscape installation will remain in force. If you have any questions, please do not hesitate to call. Very truly yours, Cheryl Johnson City Clerk Enclosure cc: Director of Engineering and Building Tony Foster 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 MEMORANDUM 8 kkt'(r� August 11, 1993 TO: Cheryl Johnson, City Clerk FROM: R. Anthony Foster, Engineering Assistant (l� SUBJECT: Subdivision Warranty Bond, P M 88-396, Stanbridge Attached are three originals of the referenced documents. This bond allows release of the Performance and Labor and Material Bonds on file. At their August 3 meeting, Council approved release of the Labor and Material Bond, the Performance Bond (both in the amount of $21,375) and the Monumentation Bond ($2,480). Council authorized acceptance of the subject bond ($7,215) and authorized staff to release in one year. RAF Attachments cc: Ted Simon Sam Shoucair EXECUTED IN TRIPLICATE • RELEASED Bond No. 3SM 772 563 00—A DATE SUBDIVLSION WARRANTY BOND INITIALS OVERNMENT CODE, Sections 66499.7 and 66499.9) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Stanley R. Stanbridge (hereinafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements which said Agreement, dated November 19 , 19 91 , and identified as Project Roadwork, PM 88-396, is hereby referred to and made a part hereof; and, Southwest corner, San Juan Creek Rd./Paseo Christina WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the guarantee and warranty of the improvements required under said agreement; NOW, THEREFORE, we, the Principal and American Motorists Insurance Company _, as Surety, are held and firmly hound unto the City of San Juan Capistrano, hereinafter called "City", in the penal sum of Seven Thousand Two Hundred Fifteen b NO/100ths Dollars ($ 7,215.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if Principal shall promptly and faithfully perform such warranty and guarantees as specified in said Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, intlud.ing reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 1 of 2 i The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifirgtions. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the 2nd day of August I 19__93_j the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. PRINCIPAL Stanley R. Stanbridge APPROVED AS TO FORM (NOTARIZATION AND SEAL) JOHN R. SHAW, CITY ATTORNEY NOTE: Please Attach Acknowledgement and Power of Attorncy Oct. '90 2 of 2 SURETY American Motorists Insurance Company Doug Lane/Attorney-in--fact (NOTARIZATION AND SEAL) WOLCOTTS MM WO—Au RIRPOSE AONOWLEDGMEITT WITH SIGNER CAPWIN/REPREBFMATOWRNGIDIF INK—Rn. 12-92 OW WOLCO M FORMS. NC.I RIGHT THUMBPRINT (OPTIONAL) W State of California } County of Orange On AUG - u 1993 before me, Susan E. Morales, Notary Public o (DATE) (NAME, TITLE OF OFFICER - I.E., :JANE DOE, NOTARY PUBLIC-) personally appeared Doug Lane CAPACITY CLAIMED BY SIGNER(S) (NAMEIS) OF SIGNER(S)) ❑ INDIVIDUAL(S) ❑ CORPORATE OFFICER(S) ❑ PARTNER(S) (TITLE(S)) M personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence & ATTORNEY IN FACT to be the person(s) whose name(s) is/are sub- ❑ TRUSTEE(S) scribed to the within instrument and acknowledged ❑ GUARDIAN/CONSERVATOR to me that he/she/they executed the same in ❑ OTHER: his/her/their authorized capacity(ies), and that by OFFICIAL SEAL SUSAN E.MORAIES his/her/their signature(s) on the instrument the NOTARY PUBLIC -CALIFORNIA V)erson(s), or the entity upon behalf of which the If 3 -'person(s) the instrument. SIGNER IS REPRESENTING: COMMISSION acted, executed (NAME OF PERSON(S) OR ENTmpES)) GE COUNTY Nr Oomm.ENy.DeourlsW4 Tale itness my hand and official seal. American Motorists Insurance Company p (SEAL) (SIGNATURE OF NOTARY) ATTENTION NOTARY: The information requested below is OPTIONAL. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages Date of Document IL DESCRIBED AT RIGHT: Signer(s) Other Than Named Above WOLCOTTS MM WO—Au RIRPOSE AONOWLEDGMEITT WITH SIGNER CAPWIN/REPREBFMATOWRNGIDIF INK—Rn. 12-92 OW WOLCO M FORMS. NC.I 0 STATE OF ILLINOIS SS COUNTY OF LAKE I, Marilyn L. Riley, a Notary Public, do hereby certify that J. S. Kemper, III and F. C. McCullough personally known to as to be the same persons whose names are respectively_as Senior Vice President and Secretary of the American . Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth. NY commission expires: 4-9-96 CERTIFICATION 1' "OFFICIAL SEAL" i Marilyn L. Riley 4 Notary Public, State of Illinois 1 My Commission Expires 919196 Har&L. L. Riley, Notary Pub o I, H. J. Zarade, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney,dated July 1, 1992 on behalf of the person(s) as listed on the reverse side is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said J. S. Kemper, III and F. C, McCullough who executed the Power of Attorney as Senior Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Senior Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American Motorists Insurance Company on this AUG-.- 2 1993 day of , 19 N.J.Zarada, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. FM 836-5 6-92 1M PRINTED IN U.S.A. Power of Attorney - Term AMERICAN MOTORISTS INSURANCE COMPANY Home,Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: na)mna( msuanaL ance companies That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint Doug Lane of Orange, California its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 312 1994, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings pprovided the amount of no one bond or undertakeaceeds ONE MILLION DOLLARS ($1,000,000.00)*** ******* EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or leiter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein, This.appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1994. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, rscognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process.-' This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: --VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.^ In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of July , 1992 . Attested and Certified: F.C.McCullough, Secretary (OVER) by J.S.Kemper,III,Senior Vice President AMERICAN MOTORISTS INSURANCE COMPANY (OVER) by J.S.Kemper,III,Senior Vice President EXECUTED IN TRIPLICATE • RELEASED Bond No. 35M 772 563 00—A DATE SUBDIVISION WARRANTY BOND INRULLS w..' OVERNMENT CODE, Sections 66499.7 and 66499.9) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Stanley R. Stanbridge (hereinafter designated as "Principal'), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements which said Agreement, dated 1 o 19 0, and identified as Project Roadwork, PM 88-396, is hereby referred to and made a part hereof; and, Southwest corner, San Juan Creek Rd./Paseo Curiscina WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the guarantee and warranty of the improvements required under said agreement; NOW, THEREFORE, we, the Principal and American Motorists Insurance Company as Surety, arr held and firmly hound unto the City of San Juan Capistrano, hereinafter called "City", in the penal sum of Seven Thousand Two Hundred Fifteen h NO/100ths Dollars ($_Z. 215 - 00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if Principal shall promptly and faithfully perform such warranty and guarantees as specified in said Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. loft i The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifirntions. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the 2nd day of August , 19_93_., the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. PRINCIPAL Stanley R. Stanbridge 4(a �-L APPROVED AS TO FORM (NOTARIZATION AND SEAL) JOHN R. SHAW, CITY ATTOPNEY NOTE: Please Attach Acknowledgement and Power of Attor icy Oct. '90 2 of 2 SURETY American Motorists Insurance Company Doug Lane Attorney-in-fact (NOTARIZATION AND SEAL) State of California l County of Orange 1 7 AUG - 2 1993 (DATE) before me, Susan E. Morales, Notary Public (NAME, TITLE OF OFFICER - I.E., -JANE DOE. NOTARY PUBLIC-) personally appeared Doug Lane (NAME(S) OF SIGNER(S)) ® personally known to me - OR - �❑ OFFICIAL SEAL a E SUSAN E. MORALES NOTARY PUBLIC -CALIFORNIA COMMISSIONOCOUNTY IIMComm• ENP. Osawnber 6 199 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are sub- scribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. CAPACITY CLAIMED BY SIGNER(S) ❑ INDIVIDUAL(S) ❑ CORPORATE SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTrTYOES)) American Motorists y Insurance Company �!1 L[ OGm -� . I i o7o n (SEAL) (SIGNATURE OF NOTARY) I ATTENTION NOTARY: The information requested below is OPTIONAL It could, however, prevent fraudulent attachment of this certificate to any unauthorized document THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Signer(s) Other Than Named Above Date of Document ' WOUGOTTS FORM 63240 -ALL PURPOSE AGIM"MO ENT WITH SIGNER GPILIIY/RFPRESENTATPGWM fNPRMR-IM. I2-92 6111111MO Gpn$ FORT N4 OFFICER(S) ❑ PARTNER(S) (TITLE(S)) Lt] ATTORNEY IN FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTrTYOES)) American Motorists y Insurance Company �!1 L[ OGm -� . I i o7o n (SEAL) (SIGNATURE OF NOTARY) I ATTENTION NOTARY: The information requested below is OPTIONAL It could, however, prevent fraudulent attachment of this certificate to any unauthorized document THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Signer(s) Other Than Named Above Date of Document ' WOUGOTTS FORM 63240 -ALL PURPOSE AGIM"MO ENT WITH SIGNER GPILIIY/RFPRESENTATPGWM fNPRMR-IM. I2-92 6111111MO Gpn$ FORT N4 • STATE OF ILLINOIS SS COUNTY OF LAKE I, Marilyn L. Riley, a Notary Public, do hereby certify that J. S. Keepers III and F. C. McCullough personally known to me to be the same persons whose names are respectively -as Senior Vice President and Secretary of the American Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before as this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth. My commission expires: 4-9-96 1' "OFFICIAL SEAL" 1 Marilyn L Riley ► 4 Notary Public, Stale of Illinois My Commission Expires 419196 to CERTIFICATION Mer y L. Riley, Notary Pubtfo I, N. J. Zarada, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney.dated July 1, 1992 on behalf of the person(,) as listed on the reverse side is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said J. S. Keeper, III and F. C. McCullough who executed the Power of Attorney as Senior Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Senior Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American Motorists Insurance Company on this ,A Ti 1993,E ,i �i 1993 day of , 19 N.J.Zarada, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. FM 836-5 6-92 1M PRINTED IN U.S.A. Power of Attorney - Term AMERICAN MOTORISTS INSURANCE COMPANY Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: r---+ nananai InGURance camPanles That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of. Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint Doug Lane of Orange, California ** Its true and lawful agent(s) and atiorney(s)-in-tact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1994, unless sooner revoked for and on Its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertakin exceeds ONE MILLION DOLLARS ($1,000,000.00)** ******************* EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the some obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein, This.appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office inLongGrove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1994. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grave, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and affect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of July , 1992 . Attested and Certified: F.C.McCullough, Secretary (OVER) r by J.S.Kemper,III,Senior Vice President AMERICAN MOTORISTS INSURANCE COMPANY 11 (OVER) r by J.S.Kemper,III,Senior Vice President • Inca 110"ce • ESTIHISIO 1961 1776 September 24, 1993 Dr. Stanley R. Stanbridge 31431 Paseo Christina San Juan Capistrano, Ca 92675 Re: Release of Bonds - Parcel Map 88-396 Dear Dr. Stanbridge: MEMBERS OF THE CITY COUNCIL COI LENE CAMPBELL GARY HAUSDORFER GIL JONES CAROLYN NASH JEFF VASQUEZ CITY MANAGER GEORGE SCARBOROUGH Per City Council action of August 3, 1993, the following bonds are hereby released as of today, September 24, 1993: BOND NO. PURPOSE AMOUNT 3SM77256300 Faithful Performance $21,375 3SM77256300 Labor & Material $21,375 3SM77256200 Monumentation $ 2,480 Enclosed are certified copies for your records. If you have any questions, please do not hesitate to call me at 493-1171, extension 243. Very � � truly yours, t� Dawn M. Schanderl Deputy City Clerk Enclosure cc: Cheryl Johnson, City Clerk William Huber, Director of Engineering & Building Tony Foster, Engineering Assistant 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493.1171 0 0 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO I, DAWN M. SCHANDERL, Deputy City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the attached is a true and correct copy of the following document: 1. Faithful Performance and Labor & Material Bond No. 3SM 772 563 00, dated November 14, 1991, in the amount of $21,375 and regarding improvements, Parcel Map 88-396 (Stanbridge). 2. Subdivision Monument Bond No. 3SM 772 562 00, dated November 14, 1991, in the amount of $2,480 and regarding Parcel Map 88-396 (Stanbridge). (SEAL) LDLA-22h& P 94, DAWN M. SC ANI DERL,DEPUTY CITY CLE#K San Juan Capistrano, California Dated this 24th day of September, 1993. n RELEASED • "EXECUTED IN TRIPLICATE" DATE 9-a� �'�%1 SUBDIVISION FkjT3i'QL PERFORMANCE BOND (WVEffiVq314T CODE 5 66499.1) BOND # 3S14772 563 00 INITIALS �(ii� PREMIUM: ;641.00 WBEREAS, the City Council of the City of San Juan Capistrano, State of California, and Stanley R. Stanbridge (hereaftar designated as •Principal"), have entered into a Sub- division Agreemant whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated )Vcvem/�19 /5 , 19 91 , and identified as Project Roadwork iz hereby referred to and made a part hereof; and WHEREM, said Principal is required, under the terms of the said Agreement, to fux-mish a bond for the faithful performance of said Agreement; NOW, T!121=01E, we, the Principal and American Motorists Insurance Company = , as Surety, are held. firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the. sum of ***Twenty One Thousand =9kree.Hundred Seventy Five and NO/100*** Dollars, lawful money of the Unsted States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the pbligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights, It there by any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in v •0 addition to the face amount specified, there shall be included costs and reasonable.expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modifi- cation of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. 91 Executed this 14th day of November 19tf, at Orange , California. pR= CTpAL Stanley R. (NOTARIZATION AND SEAL SURETY American Motorists Insurance Q APPROVED AS TO FORM. Doug Lane/Attorney-in-fact (NOTARIZATION AND SEAL) Attorney STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. KIMNGI UYEN NOTARY PuSUC-CALIFORNIA ORANGE COUNTY On NOV 14 1991 '19 , before me a Notary Public in and for said tate, personally appeared mug Lane personally known to me to be the person whose name is subscribed to the within Instrument as the Attomey-In-Fact of AMERICAN MOTORISTS INSURANCE COMPANY, and acknowledged to me that he subscribed the name of said Company thereto as Surety, and his own name as Attorney -In -Fact. otary Public STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. (Individual) On November 14, 1991 before me, the undersigned, a Notary Public in and for said tate, personally appeared Stanley B. Stanbridge KIM NGUVEN personally known to or proved NOTARY QRANs NIA to me on the basis of satisfactory evidence to be the person whose lqw name is subscribed to the within instrument and acknowledges that he executed the same. WITNESS my hand and official seal. dbMCUTED IN TRIPLICATE" • RELEASED Bond No. 3SM 772 563 00 PREMIUM: Incl. W/Perf. Bond WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Stanley R. Stanbridge , (hereafter designated as "Principal'), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements, which said Agreement, dated LkPkAlOf-K 19 , 19_%L__., and identified as Project Roadwork for tract 188-396 is hereby referred to and made a part hereof; and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that, if said Principal or any of his or its sub -contractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, said Principal and as Surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of ***Twenty One Thousand Three Hundred Seventy Five and nO/100**** Dollars ($ 21,375.00**** ), lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. loft THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors, assigns or sub -contractors shall fail to pay for any materials, provisions, provender, teams or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done or for any work or labor done thereon of any kind or for amounts due under the Unemployment Insurance .Act with respect to such work or labor as required by the provisions of Title 1, Division 5, Chapter 3 of the Government Code of California as amended that the Surety will pay the same in an amount not exceeding the sum specified int this bond and also in case suit is brought upon this bond will pay reasonable attorney's fees to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act so as to ,zive a right of action to them or their assigns in any suit brought upon this bond. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or modification to the terms of the Agreement or to the work or to the specifications. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the 14th day of November 19_91__., the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. 2 of 2 • PRINCIPAL Stanley R. Stanbridge APPROVED AS TO FORM (NOTARIZATION AND SEAL) JOHN R. SHAW, CITY ATTORNEY NOTE: Please Attach Notary Acknowledgement and Power of Attorney Oct. '90 2 of 2 SURETY American Motorists Insurance Co. Doug Lane Attorney-in-fact (NOTARIZATION AND SEAL) STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. (Individual) STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. On November 14, 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared Stanley R. Stanbridge personally known to or proven to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledges that he executed the same. WITNESS my hand and official seal. On NOV 14 1991 , 19 , before me a Notary Public in and ® forsaid be thepersonally person appeared lis su Lane perswithin ent IwA wn to me to be the person whose name is subscribed to the within Instrument p as the Attomey-In-Fact of AMERICAN MOTORISTS INSURANCE COMPANY, Oomn� and acknowledged to me that he subscribed the name of said Company thereto as Surety, and his own name as Attorney -In -Fact. otary Pub STATE OF ILLINOIS SS COUNTY OF LAKE I, Grata E. Condon, a Notary Public, do hereby certify that J. S. Kampar, III and F. C. McCullough personally known to me to be the same persons Morse names are respectively as Senior Vice President and Secretary of the American Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before we this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own from and voluntary act for the uses and purposes therein set forth. My commission expires: 5-14-94 4 "OFFICIAL SEAL" / / Grace E. Condon / 1 Notary Pudic, Slate of Illinois Wf ca"nim Ewan 6)14)94 CERTIFICATION Grace E. Condon, Notary Public I. N. J. Zorsda, Secretary of the American Motorists Insuranca Company, do hereby certify that the attached Power of Attorney dated June 3, 1"1 on behalf of the person(s) as listed on the reverse side is a true and correct copy and that the same has been in full fore* and effect since the data thereof and is in full farce and effect on the date of this certificate) and I do further certify that the said J. S. Kemper, III and F. C. MCCullough who executed the Power of Attorney as Senior Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Senior Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American Motorists Insuranoa Company on this day of 1. 199t , 19 ,�G 1 N.J.Zaraia, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. FM 836-5 5-90 1M PRINTED IN U.S.A. Power of Attorney - Term AMERICAN MOTORISTS INS,.RANCE COMPANY Howe Office: Long Grove, IL 60049 naraa®,n&Wanh c0mpanes POWER OF ATTORNEY n ow All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint Doug Lane of Orange, California Its true and lawful agent(s) and attorneys) -in -feet, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1992, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings pprovided the amount of no one bond or undertaking exceeda FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) EXCEPTION: NO AUTHORITY is granted to wake, execute, $eal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1992. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: -VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company way appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: 'NOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upan the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 03 day of June , 1991 . Attested and Certlfled, F.C.Mccullough, Secretary AMERICAN M'1OTT/1ORRIISTS INSURANCE COMPANY i�•''T�, l� v (OVER) by i Vice President CONTRACT BOND -CALIFORNIA • FAITHFUL PERFORMANCE -PUBLIC WORK "E%ECOTED IN TRIPLICATE^ RELEASED Bond No. 3SM 772 562 00 DATE Initial premium charged for this bond is $ 1oo.00 subject to adjustment upon completion of x'51111 /�Q/Q, contract at applicable rate on final contract price. KNOW �EET����Y,, %Hf SE PRESENTS, That Stanley R. Stanbridge of Costa Mesa. 4 IZi6 , as Principal, and the American Motoris s insurance c , a corporation. organize an existing un er a aws O' Illinois and authorized to transact.surety business in the State of Ca i ornia, as Surety, are held.and firmly bound unto City of San Juan Capistrano, in the sum of Two Thousand Four Hundred Eighty s No/100 dollars (S 2,480.00*** ) , for the payment w ereo , 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 dvovfvhgfr- I1 1991, with the City of San Juan Capistrano to o and per orm a ollowing work, to wit: Subdivision Monuments for Tract #88-396 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 14th day of November, 1991 APPROVED AS TO FORM. P JO R. S -AserIcan Mnto�3'sta Insurance Company Ci Attorney _ by Doug Lane Attorney -In -Fact nowledgments of execution NOTE:. Ackecuon Of Principal and Surety must. be at �-ti d. STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. (Individual) On November 14, 1991 before me, the ----_�indersioned. a Notary Public in and for said tate, personally appeared Ve on the basis of satisfactory evidence to be the person `whose e is subscribed to the within instrument and acknowledges that he executed the same. WITNESS my hand and official seal. /u� Nota re STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. On NOV 14 1991 '19 , before me a Notary Public in and I said tate, personally appeared —�oug Lane personally known KIMNGUYEN to me to be the person whose name is subscribed to the within Instrument NOTARYPuBUC.CAUFORNK as the Attomey-In-Fact of AMERICAN MOTORISTS INSURANCE COMPANY, ORANGE COUNTY R M Comm. !res Ju! 30 tas and acknowledged to me that he subscribed the name of said Company " thereto as Surety, and his own name as Attomey-In-Fact. otary Public --- 4P 0 STATE OF ILLINOIS SS COUNTY OF LAKE I, grace E. Condon, a Notary Public, do hereby certify that J. S. Kemper, III and F. C. McCullough personally known to me to be the same persons whose names are respectively as Senior Vice President and Secretary of the American Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own from and voluntary act for the uses and purposes therein set forth. My commission expires. 5-14-94 4 "OFFICIAL SEAL" ► 4 Grace E. Condon ► 4 Notary PUNic. State of Illinois ► My Commission Expires 5114191 ► CERTIFICATION grace E. Condon, Notary Public I, N. J. Zoradm, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney dated Jur 3, 1991 on behalf of the person(s) as listed on the reverse side is a true and correct copy and that the same has been In full force and effect since the data thereof and is in full force and effect on the data of this certificate; and I do further certify that the said J. S. Kemper, III and F. C. McCullough who executed the Power of Attorney as Senior Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Senior Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American Motorists Insurance Company on this day of NOV 14 1991 , 19 N.J.Zerads, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. FM 836-5 5-90 1M PRINTED IN U.S.A. Power of Attorney - Term AMERICAN MOTORISTS INSL..ANCE COMPANY Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: r�aL na)mna( m FraAR2 roMmaAes L. That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint Doug Lane of Orange, California*********************** its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1992, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) EXCEPTION: NO AUTHORITY is granted to wake, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the some obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the some had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1992. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: ''VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize thea to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, nay be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whersof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 03 day of June , 1991 . Attested and Certified$ F.C.McCullough, Secretary (OVER) by J.S.Kemper III,Senior Vice President AMERICAN MOTORISTS INSURANCE COMPANY / (OVER) by J.S.Kemper III,Senior Vice President 9 0- • a••N. NOTCEOF—COMPLETION. U• ••' • •• r. " • ►t . 1,1 1 As set forth in the Report dated August 3, 1993, from the Director of Engineering and Building, the following Resolution was adopted declaring the work for the Sacarama Area Storm Drain to be complete: RESOLUTION NO. 93-8-3-3. COMPLETION OF SACARAMA AREA STORM DRAIN (SEVEN CS CONSTRUCTIONI - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE SACARAMA AREA STORM DRAIN (SEVEN C'S CONSTRUCTION) The Resolution accepted the work as complete in the amount of $105,224.73 and directed the City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized to release the retention in the amount of $7,002.04, thirty-five (35) days after recording the Notice of Completion. The contractor had authorized staff to make payment from the 10% retention in the amount of 53,520.43, directly to several claimants. I • • • • y • ' gl •lut •• ' • ,I • : u 1 • i ' I .1 As set forth in the Report dated August 3, 1993, from the Director of Engineering and Building, the following Resolution was adopted approving a "No Stopping Any Time - Tow Away zone on the southerly side of La Zanja Street from Camino Capistrano to EI Camino Real, in response to concerns regarding school aged children walking in the street to avoid parked cars on the southerly side of La Zanja Street where there is no sidewalk RESOLUTION NO, 93-8-3-4. ESTABLISHING A "NO STOPPING ANY TIME - TOW AWAY" ZONE - LA ZANJA STREET - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING A "NO STOPPING ANY TIME - TOW AWAY" ZONE ON THE SOUTHERLY SIDE OF LA ZANJA STREET FROM CAMINO CAPISTRANO TO EL CAMINO REAL The Traffic Enginev was authorized to post the appropriate signs. -.i .T•IrI`sI.7,Y•I•I`Y+ :14Ltl1• �l•IN121 N _ W ►l •' !t • /J • : J/ iij I &a Q&I fix 1111:4 DAV'ril as • 0 Dili I mmo tl omeraq : I •.1 . I : • . • .• • • yyJ • : •I : • 1W.1111; • •ra As set forth in the report dated August 3, 1993, from the Director of Engineering and Building, the Construction and Maintenance Agreement between the City and the Southern California Regional Rail Authority, allowing the City to place conduit and electrical wire under and along the railroad right-of- way as part of the Del Obispo Street Interconnect construction, was approved The Mayor and City Clerk were authoriztdta execute the Agreement ombehalf-of the.Clty' City Council Minutes -4- 8/3/93 : .�i1lliYIC•1Wr(•�•1 • • tcouffixiceow rmw4ei a 1Z 12 low2tuy I 4al6mmm • 1' 71t1 u..a � ►l:: • .JJ .t. As set forth in the Report dated August 3, 1993, from the Director of Engineering and Building, the following Resolution was adopted accepting the public street improvements in conjunction with Parcel Map 88-396: OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF A RIGHT -TURN LANE, EASTBOUND SAN JUAN CREEK ROAD AT PASEO CHRISTINA (PARCEL MAP 88-396/STANBRIDGE) The Resolution accepted the public street improvements, consisting of a right -turn lane, eastbound on San Juan Creek Road at Paseo Christina, and monumentation as complete and directed the City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized to accept a warranty bond in the amount of $7,215 for extension of the Subdivision Agreement for landscape installation. Staff was authorized to release the following bonds thirty-five (35) days after recordation of the Notice of Completion, subject to receipt of the warranty bond: Bond No. T_m Amount 3SM77256300 Performance Public Road $21,375 3SM77256300 Labor and Material $21,375 3SM77256200 Monumentation $ 2,480 The warranty bond may be released August 3, 1994; the Performance and Labor and Material bonds in the amount of $14,700 for landscape installatim will remain in force. • �• • • • • • u ' M • :.aI• i ' • : li' 22 As set forth in the Report dated August 3, 1993, from the Director of Engineering and Building, the following Resolution was adopted declaring the work for the traffic signal installation and street widening at Rancho Viejo Road and Village Road to be complete: RESOLUTION NO, 93-8-3-Z COMPLETION OF TRAFFIC SIGNAL AND STREET WIDENING - RANCHO VIEJO ROAD/VILLAGE ROAD (EXCEL PAVING COMPANY) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANJUAN CAPISTRANO, CALIFORNIA, DECLARING WORKTO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE TRAFFIC SIGNALAND STREET WIDENING - RANCHO VIEJO ROAD/ VILLAGE ROAD (EXCEL PAVING COMPANY) The Resolution accepted the work as complete in the amount of $286,257.83 and directed the City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized to release the retention in the amount of $?8,025.78, -thirty -fire (35) days. after recording the Notice of Completion - The contractor had concurred with the deletion of funds in the amount of SW from the 10% retention for replacement of a bus bench stolen during the construction period. City Council Minutes -3- 8/3/93 AGENDA ITEM August 3, 1993 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering & Building SUBJECT: Resolution, Notice of Completion, Acceptance of Street Improvements and Warranty Bond, Parcel Map 88-396 (Stanbridge) RECOMMENDATION By motion: 1) Accept a warranty bond and authorize release in one year; and 2) Adopt the resolution that: a) Accepts public street improvements (right -turn lane, eastbound San Juan Creek Road at Paseo Christina); b) Authorizes the City Clerk to file a notice of completion with the Orange County Recorder's Office; and c) Authorizes release of the bonds for monumentation, labor & material and performance. SITUATION A. Summary and Recommendation The referenced improvements have been inspected by City staff and determined to be ready for acceptance and release of the following bonds: BOND NUMBER TYPE AMOUNT 3SM77256300 Performance Public Road $21,375 3SM77256300 Labor & Material 21,375 3SM77256200 Monumentation 2,480 Release of the above referenced bonds is subject to submittal of a warranty bond in the amount of $7,215. Said warranty bond shall be released by staff on August 3, 1994. FOR CITY COUNCIL AGEND AGENDA ITEM • • August 3, 1993 Page 2 Dr. Stanbridge has requested the City Engineer extend the Subdivision Agreement in regard to landscape installation. As allowed in Section 3 of the Agreement, the City Engineer has approved the extension. Performanre and labor/material bonds in the amount of $14,700 each for landscape installation will remain in force. Staff recommends acceptance of the street improvements and warranty bond, release of corresponding performance and labor/material bonds and retention of landscape bonds. B. Background In November of 1991, Council approved the subdivision of a nine -acre site into three parcels. A Subdivision Agreement was also approved at that time. Said Agreement required installation of a right -turn lane serving eastbound San Juan Creek Road to Paseo Christina. The Agreement also included landscaping within the subdivision adjacent to San Juan Creek Road. Dr. Stanbridge has requested an extension of the Agreement with regard to the landscaping. At this time, the Conceptual Landscape Plan approved in 1990 is being revised under the supervision of Planning staff. City staff have inspected the street improvements and determined them to be complete. COMMISSION/BOARD REVIEW RECOMMENDATIONS This subdivision was previously reviewed and approved by the Traffic and Transportation Commission, Planning Commission and City Council. FINANCIAL CONSIDERATIONS There is no cost to the City by this action. NOTIFICATION Dr. Stanley Stanbridge (31431 Paseo Christina, San Juan Capistrano, CA 92675) Hidden Valley Road Association (c/o P.O. Box 160, San Juan Capistrano, CA 92693) ALTERNATE ACTIONS 1. Approve the resolution accepting street improvements. 2. Do not approve the resolution. 3. Request additional information from staff. AGENDA ITEM • August 3, 1993 Page 3 • RECOMMENDATION By motion: 1) Accept a warranty bond and authorize release in one year; and 2) Adopt the resolution that a) Accepts public street improvements (right -turn lane, eastbound San Juan Creek Road at Paseo Christina); b) Authorizes the City Clerk to file a notice of completion with the Orange County Recorder's Office; and c) Authorizes release of the bonds for monumentation, labor do material and performance. Respectfully suubbmitted,d,�j� Prepared by, William M. Huber, P.E. R. A. Foster, Project Manager WMH/RAF:rl Attachments: Location Map Resolution Notice of Completion 31132_ 6i5.,00 P► j1SEC' u, M c ° G I Q p RUBI f p&SEO $ O I •LS& CALLE / O 1 PASE0 R�ouE� I �e2 PROJECT LOCATION t d E / �P 9Pt 5 RESOLUTION NO. 93-0-3-1 Weiii104I • • ' I1 1.1 ;1=7 1„1"rim, I Uzi millwoXasialm1P►lW• colm M:1 11ZI• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF A RIGHT - TURN LANE, EASTBOUND SAN JUAN CREEK ROAD AT PASEO CHRISTINA (PARCEL MAP 88-396/STANBRIDGE) WHEREAS, on the 19th day of November, 1991, the City of San Juan Capistrano entered into a Subdivision Agreement with the Property Owner, Stanley R. and Lia C. Stanbridge, 31431 Paseo Christina, San Juan Capistrano, for installation of public street improvements (right -turn lane, eastbound San Juan Creek Road at Paseo Christina), monumentation/centerline ties and private landscaping adjacent to the roadway, and, WHEREAS, the City Engineer has found the monumentation and public street improvements to be in compliance with the approved plans and specifications and in compliance with City specifications and therefore recommends approval; and, WHEREAS, the Property Owner has requested and been granted an extension of time regarding installation of the private landscaping. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano as follows: SECTION L That the public street improvements and monumentation required to be performed by said Property Owner has been completed. SECTION 2 That the public street improvements are hereby accepted and approved. SECTION 3. That the following sureties may be released 35 days after recordation of the Notice of Completion: Bond No. i'.lZg Amount 3SM77256300 Performance Public Road 521,375 3SM77256300 Labor & Material $21,375 3SM77256200 Monumentation $ 2,480 +SF MON 4. That the City Clerk is directed to forthwith forward a "Notice of Completion" to the County Recorder of the County of Orange for recording. PASSED, APPROVED, AND ADOPTED this 3rd day of August 1993. ATTEST: -1- 0 0 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) 1, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 93-3-3-1 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 3rd day of August , 1993, by the following vote: AYES: Council Merabers Nash, Ilausdorfer, Campbell, Vasquez and Mayor Jones NOES: None ABSTAIN: None ABSENT: None (SEAL) CHERYL JOHNNON, 4CITY CLERK -2- 0 DIRECTOR OF ENGINEERING AND BUILDING BERVICEB y 1. REQUEST FOR DEFERRAL OF PARK AND RECREATION AND SEWER CAPACITY FEES, AND APPROVAL OF SUBDIVISION IMPROVEMENT AGREEMENT AND FINAL MAP - PARCEL MAP 88-396, PROPERTY LOCATED AT THE SOUTHWEST CORNER OF SAN JUAN CREEK ROAD/PASEO CHRISTINA (STANBRIDGE) (600.30/420.70) Written Communication: Report dated November 19, 1991, from the Director of Engin- eering and Building, recommending that the Park and Recrea- tion and Sewer Capacity Fees not be deferred and that the Subdivision Improvement Agreement for the widening of San Juan Creek Road and Final Map 88-396 be approved for the subdivision of a 9.09 -acre site into three residential parcels. Mr. Huber made an oral presentation,, noting that the City's fiscal situation did not warrant deferral of the fees and stating that the applicant had not identified unique and extraordinary circumstances to place the costs of subdividing the property onto future building permit applicants. Approval of Subdivision Improvement Agreement and Final Map 88-396 and Deferral of Fees Payment: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, and unanimously carried that: (1) Payment of Park and Recreation and Sewer Capacity Fees be deferred until the issuance of grading permits, with an instrument to be recorded noting that these fees will run with the property and are to be paid at the time of grading permit issuance; (2) The Subdivision Improvement Agreement for the widening of San Juan Creek Road and adjacent landscaping be approved; and (3) Final Map 88-396 be approved, based on the finding that the Final Map is in conformance with the Subdivision Map Act and conditions set forth in Resolution 908-7-3. The Mayor and City Clerk were authorized to execute the Agreement. The City Engineer and City Clerk were authorized the execute the Final Map, and the City Clerk was authorized to record the documents with the County Recorder's Office. -13- 11/19/91 0 0 AGENDA ITEM November 19, 1991 TO: Stephen B. Julian, City Manager FROM: William M. Huber, Director of Engineering & Building SUBJECT: Subdivision Improvement Agreement and Final Map, Request for Deferral of Park and Recreation and Sewer Capacity Fees, Parcel Map 88-396, Stanbridge, Southwest Corner San Juan Creek Road/Paseo Christina SITUATION Dr. Stanley Stanbridge has submitted the above referenced map in order to subdivide 9.09 -acre site into three residential parcels, one having been previously developed. The Engineering Division has reviewed the Final Map and found it to be in conformance with the Subdivision Map Act, the approved Tentative Map and the conditions set forth in Resolution 90-8-7-3 (attached). This map has been conditioned to install approximately 600 feet of additional paving to the west of Paseo Christina to create a right turn lane on eastbound San Juan Creek Road. In addition, landscaping will be installed within parcels adjacent to San Juan Creek Road. The estimated cost of these improvements is $36,000. The attached Subdivision Improvement Agreement is to ensure fulfillment of those conditions. According to the attached letter, Dr. Stanbridge has requested deferral of Park and Recreation fees ($7,004) and Sewer Capacity fees ($6330). The Agricultural Preservation fee noted in the letter is not due until issuance of building permits. Fees are based on two parcels, since the developed parcel has previously paid the referenced fees. Park and Recreation and Sewer Capacity fees are normally required to be paid prior to approval of the Final Map unless deferred by Council until a later date, usually issuance of building permits. Applicant has not identified unique and extraordinary circumstances that justify shifting the financial cost of subdividing the property to future building permit applicants. In addition, the general City fiscal condition is such that fee waivers or deferrals should be strongly discouraged when no direct public benefit is identified. NOTIFICATION See attached list. COMMISSION/BOARD REVIEW, RECOMMENDATIONS This map has been previously reviewed by the Planning Commission and City Council. FINANCIAL CONSIDERATIONS Financial considerations are as noted above. There are no other impacts. rV FOR CRY COUNCIL AGEND AGENDA ITEM i • November 19, 1991 Page 2 ALTERNATE ACTIONS 1. Do not approve deferral of fees, approve the Subdivision Improvement Agreement and the Final Map with the condition that Park and Recreation and Sewer Capacity fees be paid prior to City release of the map for recordation. 2. Approve deferral of fees, approve the Subdivision Improvement Agreement and the Final Map. 3. Do not approve deferral of fees, the Subdivision Improvement Agreement or the Final Map. Request additional information from Staff. RECOMMENDATION By motion, require payment of Park and Recreation and Sewer Capacity fees prior to release of the Final Map to the County Recorder. Approve the Subdivision Improvement Agreement for the widening of San Juan Creek Road and adjacent landscaping and approve Final Map 88-396, based on the finding that the Final Map is in conformance with the Subdivision Map Act and the conditions set forth by Resolution 90-8-7-3. Authorize that after payment of Park and Recreation and Sewer Capacity fees the Mayor and City Clerk may execute the Agreement and the City Engineer and City Clerk may execute the Final Map and authorize that the City Clerk may then record both documents with the Orange County Recorder's Office. Respectfully submitted, J' William M. Huber, P.E. W MH/RAF:ssg Attachments: Resolution 90-8-7-3 Subdivision Improvement Agreement Location Map Notification List November 6 Letter from Dr. Stanbridge • RESOLUTION NO. 90-8-•3 APPROVING TENTATIVE PARCEL MAP 89-396 (STANBRIDGE) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 88-396 (STANBRIDGE) WHEREAS, the applicant, Mr. Stanley R. Stanbridge, 31431 Paseo Christina, San Juan Capistrano, California, has submitted Tentative Parcel Map 88-396, proposing to subdivide approximately 9.093 acres of land, identified as Assessor's Parcel No. 121- 671-20, into three residential lots; and, WHEREAS, the City's Environmental Review Board has determined that the proposed project will not have a significant effect on the environment, has accordingly issued a negative declaration for the project, and has otherwise carried out all requirements of the California Environmental Quality Act; and, WHEREAS, the City Planning Commission has forwarded the project to the City Council recommending approval; and, WHEREAS, a public hearing has been duly advertised and held to review and receive public testimony on the application; and, WHEREAS, the City Council of the City of San Juan Capistrano finds and determines as follows: 1. The proposed project, as conditioned, and its design and improvements are consistent with all elements of the General Plan; and, 2. The proposed project, as conditioned, conforms to all applicable requirements of Title 9 of the City's Municipal Code (Land Use); and, 3. The project site is physically suitable for the type and density of the proposed development; and, 4. The design and improvements of the proposed project will not cause substantial environmental damage; nor will said design or improvements avoidably injure wildlife or their habitat; and, 5. The design or improvements of the proposed project will not cause serious public health problems; and, 6. The design or improvements of the proposed project will not conflict with easements acquired by the public at large for access through or use of property within the proposed project; and, 7. The design -or improvements of the proposed project will not interfere with the maintenance or preservation of an historical site. -1- 1�20• NOW, AREFORE, BE IT RESOLVED, that the City Council of the City of c„ San Juan Capistrano, does hereby approve the Negative Declaration and does hereby approve Tentative Parcel Map 88-396 (Stanbridge), subject to the following conditions: 1. Expiration of Approval - Per Section 9-2.303 of the Municipal Code, this project development approval shall expire on August 7, 1992, i.e., two years from the City Council approval date. If the final map has not been recorded by that date, the development approval shall '+ecome null and void. 2. Easement - The 30 -foot ingress/egress easement which bisects the northern portions of Parcels l and 3 shall be quitclaimed prior to approval of the final map. 3. Grading Plan a. The Environmental Review Board shall review the grading plans for each parcel to ensure consistency with the Hillside Management District requirements and the conditions of approval for said map prior to release for building and grading plan check review. b. The graded pad portions of Parcels 2 and 3 shall be reduced to approximately 10,000 square feet in overall size for each parcel. The western perimeter of the building pad and accessory structures for Parcel 2 shall not extend beyond the existing 140 -foot contour line. The western perimeter of the graded pad and accessory structures for Parcel 3 shall not extend beyond the existing 135 - foot contour line. The minor grading needed to construct the building pads may extend beyond these contour lines. 4. Landscaping a. The two trees located along the southern perimeter of Parcel 2 shall be preserved. b. All manufactured slopes, which may result from site development, shall be hydroseeded or treated with a similar erosion control method. The erosion control method shall be identified on the grading plan reviewed by the Environmental Review Board prior to plan check release. C. A conceptual landscape plan for Parcel Nos. 1, 2, and 3 shall be submitted to and approved by the Director of Community Planning and Development prior to approval of the final map. Said landscape plan shall blend with the landscape treatment on the adjacent property to the west (TT 13823 - Diffley), the property across Paseo Christina and to the east (Parcel Map 81-856 - Freeman), and the palette planned for the center median on San Juan Creek Road in front of subject property. Special attention shall be given to the landscape treatment in the area between the existing right-of-way and the existing fence line on Parcel 1. Said -2- •iandscaping shall maintain the 0a, character of the area ar.c offset the removal of a mature Pepper tree during the const%ctio-. of the existing dwelling. d. The existing Pepper tree which is located on the southwest corner of Paseo Christina and San Juan Creek Road shall be preserved. e. The subdivider shall install all landscaping shown on the approved landscape plan, in accordance with a schedule to be specified in a '-subdivision improvement agreement. Such agreement shall be approved concurrently with the final map. 5. Public Improvements - The applicant shall be required to complete the following public improvements prior to building permit issuance for Parcel Nos. 2 and 3. a. The applicant shall install a water main and fire hydrant per Orange County Fire Department requirements in La Pasita prior to issuance of the first building permit. One hydrant shall be located near the driveway for Parcel 2. Final location of the fire hydrant for Parcel 3 shall be determined by the Orange County Fire Department prior to grading permit issuance for said parcel. b. Parcel Nos. 2 and 3 shall be required to connect into one of the three sewer lines which surround the property. Should topographical and engineering conditions require the sewer line for Parcel 3 be connected into the Paseo Christina line, Parcel l shall grant an easement for said sewer line. C. All above -ground utility lines, including the poles, within the property boundaries shall be located underground. All utilities lines shall be installed prior to the issuance of the Certificate of Occupancy. 6. Circulation and Access - The driveway which accesses Parcel 3 shall be a minimum 20 -foot -wide per Orange County Fire Department standards. .A turnaround for Fire Department apparatus shall be included on the final parcel map. Said turnaround shall conform to Orange County Fire Department standards. Fees and Permits - All required development fees shall be paid prior to the approval of the final map. Building and grading plan check and permit fees shall be paid prior to the issuance of the applicable permits. No work may be started prior to issuance of all applicable permits by the City Building Official. San Juan Creek Road Improvements - The subdivider shall enter into a subdivision improvement agreement with the City to provide for improvements to the eastbound side of San Juan Creek Road along the property frontage, in accordance with the City's Precise Alignment Plan. Said improvements shall include paving and striping of the road and any necessary road signing. The agreement shall either specify that -3- 1 W UThe subdivider will deposit with the City funds to fully co%er these improvements, or 2) that the subdivider will install the improvements. The amount of deposit for such improvements shall be determined by the City Engineer. This agreement shall be approved concurrently with the final map. PASSED, APPROVED, AND ADOPTED this 7th day of August 1990. iY -L. hiAUSWRFER, MA ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. go -s-7-3 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 7th day of Au¢ust , 1990, by the following vote: AYES: Councilmen Schwartze, Buchheim, Bland and Mayor Hausdorfer NOES: None ABSTAIN: None ABSENT: Councilman Friess «�. ��... CHERYL :, -4- e 0 November 6, 1991. Stanley & Lia Stanbridge 31431 Paseo Christina San Juan Capistrano, CA 92675 Mayor Kenneth Friess & Members of the City Council City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Dear Mayor Friess & Council members: We would like to appeal to you to please approve a deferment of the sewer connection fees and the Park and Agricultural fees relating to our lot split on Paseo Christina. Payment had initially been requested at the time of recordation of the parcel map, however, during the course of this project, the costs incurred have been considerable, taking into account the fact that we are only creating three lots. In addition, we are responsible for the costs of widening San Juan Creek Road, landscaping and installation of 700 feet of 8 inch water line and three fire hydrants plus the bonding of these projects. These are times of financial hardship and we simply don't have the money, considering what we have spent and will yet have to spend. Fees to date and engineering costs have already created a financial burden for our family. When we applied for permits for the construction of our current residence in San Juan Capistrano, we paid the fees you are requesting and we are asking you to please apply these fees in question in the same manner to the potential homebuilders. We appreciate your consideration. Sincerely, K S LOTS ' Stanley R. Stanbridge C7. .110. SRS/lcs A. e. m 7104111 FoSrE.f (,rem 1i//q 194,E.OD!) FD,i NOV - 4 1991 MEMORANDUM TO: Theodore Simon, City Engineeer FROM: Dawn M. Schanderl, Records Coordinator 6Z-7 � DATE: November 15, 1991 SUBJECT: Surety Bonds - Stanbridge The following American Motorists Insurance Company surety bonds for Stanbridge, PM 88-396, have been received and are on file in the City Clerk's office: Subdivision Faithful 3SM 772 563 00 $ 21,375.00 Roadwork K6 Performance 1IH Subdivision Labor & 3SM 772 563 00 $ 21,375.00 Roadwork CQ� �� Material IC, Subdivision Faithful 3SM 772 561 00 $ 14,700.00 Landscape 1 Performance Subdivision Labor & 3SM 772 561 00 $ 14,700.00 Landscape Material Subdivision 3SM 772 562 00 $ 2,480.00 Monumentations YLt"� �) C�,LJ V�-L j; April 19, 1996 Mr. Stanley R. Stanbridge 3010 Harbor Boulevard, No. B Costa Mesa, California 92626 MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL MATTHART OIL JONES CAROLYN NASH DAVID SWERDLIN CITY MANAGER GEORGE SCARBOROUGH Re: Rescinding Conditions 4c and 4e of Resolution No 90-8-7-3 Relatina to Landscanina and Corresponding Surety Dear Mr. Stanbridge: At their meeting of April 16, 1996, the City Council of the City of San Juan Capistrano adopted Resolution No. 96-4-16-3, which rescinded certain Parcel Map 88-396 approvals relating to landscaping and corresponding surety. A copy of Resolution No. 96-4-16-3 is enclosed for your information. We are processings—�-- the surety release and will forward the appropriate documentation to you upon completion. Please feel free to contact Tony Foster at 443-6351 if you have any questions. Very truly yours, Cheryl Johns City Clerk Enclosure cc: Engineering and Building Director Tony Foster 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493.1171 0 �,mmuourtn I�uuxG 1961 1776 April 19, 1996 Mr. Stanley R. Stanbridge 3010 Harbor Boulevard, No. B Costa Mesa, California 92626 MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL WYATT HMT GILJONES CAROLYN NASH DAVID SWERDLIN CITY MANAGER GEORGE SCARBOROUGH Re: Rescindina Conditions 4c and 4e of Resolution No 90-8-7-3 Relating to Landscapina and Correspondina Surety Dear Mr. Stanbridge: At their meeting of April 16, 1996, the City Council of the City of San Juan Capistrano adopted Resolution No. 96-4-16-3, which rescinded certain Parcel Map 88-396 approvals relating to landscaping and corresponding surety. A copy of Resolution No. 96-4-16-3 is enclosed for your information. We are processing the surety release and will forward the appropriate documentation to you upon completion. Please feel free to contact Tony Foster at 443-6351 if you have any questions. Very truly yours, co— Cheryl Johns City Clerk Enclosure cc: Engineering and Building Director Tony Foster 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171 N • TO: Theodore Sime e, City Engineer v cc • U' FROM: Dawn M. Schanderl, Deputy City Clerk DATE: November 15, 1995 ,1"iIV0D M On November 19, L991, the City Council approved a Subdivision Improvement Agreement with Lia and Stanley Stanbridge (Parcel Map 88-396). Said agreement states required improvements shall be completed within 12 months from the effective date of agreement. The time of completion may be extended by the City Engineer in writing for good cause shown by the subdivider. Agreement is due to expire November 19, 1992. ACTION REQUESTED: On March 20, 1992, agreement was extended to October 19, 1993. On March 22, 1994, agreement was extended to April 18, 1995. On April 25, 1995, agreement was extended to December 1, 1995. Please notify this office if agreement will be extended or closed ACTION TO BE TAKEN: EX+tnj, DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: 1JT 31 I P f 6 SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: 12 Tickler Date: 10/19/92 Deadline Date: 11/19192 cc: Bep"1010dw0 40"d City Attorney (600.30/stand) L1/1foIg5-XQ- ***FOR CITYCLERKS DEPARTMENT USE ONLY*** 10/01/93 04/11/95 11/15/95 10/19/93 04/18/95 12/01/95 600.3v �TA-Tu-S t� I�a �-2. — T Iti�n >: S. bq�� CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: Theodore Simon, City Engineer 3_q -Ci 4-. FROM: Dawn Schanderl, Deputy City Clerk DATE: SITUATION: On November 19, 1991, the City Council approved a Subdivision Improvement Agreement rjo with Lia and Stanley Stanbridge (Parcel Map 88-396). Said agreement states required,✓ improvements shall be completed within 12 months from the effective date of agreement. The time of completion may be extended by the City Engineer in writing for good cause shown by the subdivider. Agreement is due to expire November 19, 1992. boh�i ACTION REQUESTED: sns � sl'•II Q" J On October 20, 1992, agreement was extended to October 19, 1993. 4"A .- Please nofity this office if agreement will be extended or closed. fio b.. ref ACTION TO BE TAKEN: ZX1, Ir /995' 5 .AVE ro %liF 1AAA,03-60YAv6 NOT &IV6 1A13 GGE,P DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: /%, e SIGNATURE OF OFFICIAL TAKING ACTION: /[!7 DATE SIGNED: 122-0f ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 10/19/92 Deadline Date: 11/19/92 cc: City Attorney Department Head (600.30/standbrid) 315 �q� drns 10/01/93 10/19/93 abornds-,or la4doAoe lell-. Ll RECORDED AT REQUEST OF AND RETURN TO: City of San Juan Capistrano City Clerk's Office 32400 Paseo Adelanto San Juan Capistrano, CA 92657 RECORDING FEES EXEMPT DUE TO GO RNMENT CODE SECTION 6103 7 C e—ryf Johnson ity Clerk San Juan Capistrano, CA I,ei]tJtL•ieli • • ICC # 9-U53251 i 2O—AUG-1943 0�2 4^ FM nn"eiurded lii Offiiiai Records of Orange Counts. California Lee A. Branch, County Recorder page 1 of 1 fees: f G.JJ Ta.11 .; f G.JU NOTICE IS HEREBY GIVEN that a Subdivision Agreement between the City of San Juan Capistrano and Stanley R. and Lia C. Stanbridge, Developer of Parcel Map 89-396,31431 Paseo Christina, San Juan Capistrano, requires the Developer to complete the following, to wit Installation of public street improvements (right -turn lane, eastbound San Juan Creek Road at Paseo Christina) That said work was completed on April 1, 1993, by Parc West construction according to plans and specifications and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano, as the owner, 32400 Paseo Adelanto, San Juan Capistrano, California 97675, at a regular meeting thereof held on the 3rd day of August, 1993, by Resolution No. 93-8-3-1 That upon said agreement, American Motorists Insurance Company was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this 4th day of August , 1993. i Cheryl Johnson, ity elerk City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, DO HEREBY CERTIFY, under penalty of perjury that the foregoing Notice of Completion is true and correct, and that said Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Clerk. Dated at San Juan Capistrano this 4th day of August , 1993. Cheryl Johnson, (6iy C rk City of San Juan Capistrano CONARACT BOND -CALIFORNIA • FAITHFUL PERFORMANCE -PUBLIC WORK "EXECUTED IN TRIPLICATE" RELEASED Bond No. 3SM 772 562 00 Initial premium charged for this DATE bond is oo subject to adjustmentnt upon completion of INLTIALS. contract at applicable rate on final contract'price. KNOW Cam no ' HESE PRESENTS , That Stanley R. StauV,,d e Of Costa Mesa, cA W16 , as Principal, an the American Motoris s Insurance Com an , a corporation .organize an existing un er a aws o� Illinois and authorized to transact. surety business in the State of Ca i ornia, as Surety, are held.and firmly bound unto City of San Juan Capistrano, in the sum of Two Thousand Four Hundred Eighty 6 N01100 dollars ($ 2,480.00*** ) , for the payment whereor, 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. i THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, that WHEREAS, the above -bounden Principal has entered into a Contract dated "1Vt4 1991, with the City of San Juan Capistrano to o annt per orm a ollowing work, to wit: Subdivision Monuments for Tract #88-396 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 14th day of November, 1991 Stanley R. Stanbridge � Perinncipal %� l /�-- APPROVED AS TO FORM. by =Aran NotorLsts Insurance Convany rA .S awttorney by {.-- Ac nowledgments of execution of Principals ndtsetynmust. ttach d_ STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. (Individual) On a 14, 1991 before me, the personally appeared KIM NGUYEN PPI JUI IGIIy RI IU W I I LU V1 P1 V V tl NOTARY PUBLI rse�to me on the basis of satisfactory evidence to be the person whose ORANGE NTY Cm nae i8 subscribed to the within instrument and acknowTdgesthat ,he executed the same. WITNESS my hand and official seal. v� Notaryj>WjFMure STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. On k�'r' i 4 1991 tg , before me a Notary Public in and KIM NQUYEN for said tate, personally, appeared — Doug Lane personally known MARYpueuGCpuFORNIA to me to be the person whose name is su scribed to the within Instrument ORAN(iECOuNret Ju 30 t993 tY as the Attome in -Fact of AMERICAN MOTORISTS INSURANCE COMPANY, M Comm, and acknowledged to me that he subscribed the name of said Company theretoas Surety, and hisown "name as Attorney -In -Fact. Notary Publi RELEASED DATE INITIALS CONTRACT BOND -CALIFORNIA • FAITHFUL PERFORMANCE -PUBLIC WORK "EXECUTED IN TRIPLICATE" Bond No. 3SM 772 562 00 Initial premium charged for this bond is $ loo.00 subject to adjustment upon completion of contract at applicable rate on final contract'price. KNOW ITJYIHZSE PRESENTS, That Stanley R. Stanbridge no of Costa Mesa, CA $1916 as Principal, and the American Notoria s Insurance Company , a corporation. organize an existing un er a aws a Illinois and authorized to transact, surety business in the State of Ca lornia, as Surety, are held.and firmly bound unto City of San Juan Capistrano, in the sum of Two Thousand Four Hundred Ei&hty & N0/100 dollars ($ 2,480.00*** ) , for the payment whereof—,' we and tru y to be made, saidPrincipal 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 N�✓6rMP RL 1991, with the City of San Juan Capistrano to do and per oorm tie tollowing work, to wit: Subdivision Monuments for Tract #88-396 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 14th day of November, 1991 Stanley R. Stanbridge fPrincipal APPROVED AS TO FORM. by �A�/w American Noto$sts Insurance Company R. S aw Attorney by f NOTE:. Acknowledgments of execution of Principaleand Surety must. be attach d_ STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. (Individual) On November 14, 1991 before me, the undersigned, a Notary Public in and for saidtate, personally appeared Stanley R. Stanbridge personally known to or prov o me on the basis of satisfactory evidence to be the person whose ame is subscribed to the within instrumentand acknowledges that he executed �the essame. WITNESS my hand and official seal. Notary.'moi STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. On QV 14 1991 '19 , before me a Notary Public in and for said tate, personally appeared Doug Lane personally known to me to be the person whose name is subscribed to the within Instrument Alkin as the Attomey-In-Fact of AMERICAN MOTORISTS INSURANCE COMPANY, and acknowledged to me that he subscribed the name of said Company thereto as Surety, and his own name as Attorney -In -Fact. Notary Public 1; RF,UASL3' �• "EXECUTED IN TRIPLICATE" DATE SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE S 66499.1) INITIALS BOND # 3SM 772 563 00 PREMIUM: $641.00 WEEREnc, the City Council of the City of San Juan Capistrano, State of California, and Stanley R. Stanbridge (hereafter designated as •Principal"), have entered into a Sub- . division Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated Novcmhfe (9. , 19 91 , and identified as ProjeCt Roadwork , is hereby referred to and made a part hereof; and WEEP a, said Principal is required, under the terms of the said Agreement, to f„r„a-th a bond for the faithful performance of said Agreement: NOW, THEREFORE, we, the Principal and American Motorists Insurance Company =, as Surety, are heldfirmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the. sum. Of ***Twenty One Thousand =;kree.Hundred Seventv Five and N01100*** Dollars, lawlml. money of the U=:ted States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; ctherarise it shall remain in full force and effect. Surety waives any rights, if there by any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in 00 addition to the face amount specifiad, there shall be included costs and reasonable. expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modifi- cation of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. 91 Ezecated this 14th day of November 1916, at Orange , California. STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. (Individual) On November before me, the .,.......�, --- - - .._._., . _.. ,,.,rsonally appeared ;vigil bcaL Stanley R. Stanbridge ] KIM NGUYEN �* «, NpSARYPUBLICCALIF�RNIA personally knowntoorprov ORANGE�UNIY� to me on the basis of satisfactory evidence to be the person whose I comm. I name is subscribed to the within instrument and acknowledges that he executed the same. WITNESS my hand and official seal. Notary'sw1mure mac ---'— STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. On NDV 1 4 1994 '19 before me a Notary Public in and KIM NGUY91 EN for said tate, personally appeared Doug Lane personally known NOTARY PU9LIC-CAUFORMA to me to be the person whose name is subscribed to the within Instrument ORANGE COUNTY as the Attomey-In-Fact of AMERICAN MOTORISTS INSURANCE COMPANY, ,..,°�.'".m, Ex�alrmmes„ �,I; an, ��sNa, and acknowledged to me that he subscribed the name of said Company thereto as Surety, and his own name as Attorney -In -Fact. otary Public &XE IN TRIPLICATE" Bond No. 3SM 772 563 00 PREMIUM: Incl. W/Pert. Bond SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE, Section 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Stanley R. Stanbridge (hereafter designated as "Principal'), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements, which said Agreement, dated Alpyi,- gf-IE i9 , 1991 , and identified as Project Roadwork for tract #88-396 is hereby referred to and made a part hereof; and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that, if said Principal or any of his or its sub -contractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, said Principal and as Surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of ***Twenty One Thousand Three Hundred Seventy Five and n0/100**** Dollars ($ 21,375.00**** ), lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. Iof2 THE CONDTfION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors, assigns or sub -contractors shall fail to pay for any materials, provisions, provender, teams or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done or for any work or labor done thereon of any kind or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 5, Chapter 3 of the Government Code of California as amended that the Surety will pay the same in an amount not exceeding the sum specified int this bond and also in case suit is brought upon this bond will pay reasonable attorney's fees to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act so as to give a right of action to them or their assigns in any suit brought upon this bond. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or modification to the terms of the Agreement or to the work or to the specifications. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the 14th day of November 19 91 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. 2 of 2 E APPROVED AS TO FORM JOHN R. SHAW, CITY ATTORNEY NOTE: Please Attach Notary Acknowledgement and Power of Attorney Oct. '90 STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. (Individual) 0 PRINCIPAL Stanley R. Stanbridge (NOTARIZATION AND SEAL) SURETY American Motorists Insurance Co. Doug Lane/At ey—in—fact (NOTARIZATION AND SEAL) On November 14 1991 before me, the undersigned, a otaryub Ic in and for said State, personally appeared ^^ p IIp� StanleyR. Stanbridge KIM NGUYENrprOV personally nOWni00 m NOTARY PUBUC-C—A )NNIA OHANGECOUNTy to me on the basis of satisfactory evidence to be the person whose M Comm. IrMJu 90 name is subscribed to the within instrument and acknowledges that he executed the same. WITNESS my hand and official seal. ota ( 5 re STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. On i1QV t 4 '.aii 19 before me a Notary Public in and for said tate, personally appeared Dou% Lane personally known Ur IUM NGUYEN to me to be the person whose name is subscribed to the within Instrument isppAN�GE CWNTYRNIA as the Attorney -In -Fact of AMERICAN MOTORISTS INSURANCE COMPANY, Comm. IresJUI ao tss3 and acknowledged to me that he subscribed the name of said Company thereto as Surety, and his own name as Attorney -In -Fact. Notary Public L 01 L IF 00 "EXECUTED IN TRIPLICATE" DATE SUBDZ1ISION FAtITSFUL PERFORMANCE BOND (GOVERNMENT CODE S 66499.1) INITIALS BOND # 3SM 772 563 00 PREMIUM: $641.00 WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Stanley R. Stanbridge (hereafter designated as 'Principal"), have entered into a Sub- division Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated NovlfMBt'2 l9 , 19 91 , and identified as Project Roadwork is hereby referred to and made a part hereof; and WSZRZAS? said Principal is required, under the terms of the said Agreement, to fuv n4ah a bond for the faithful performance of said Agreement: NOW, TNEF"ORE, we, the Principal and American Motorists Insurance Company :, as Surety, are heldfirmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), In thestmt of ***Twenty One Thousand 4:kree.Hundred Seventv Five and NO/100*** Dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, TSEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there by any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable -expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modifi- cation of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. 91 Executed this 14th day of November 1926, at Orange California. PFIWCIPAL Stanley R. Stanbridge (NOTARIZATION AND S C�P AAS TO FORM. 1A J R. Shaw 7 Attorney SURETY American Motorists Insurance Company L Do ane/Attorney-in-fact (NOTARIZATION AND SEAL) STATE OF CALIFORNIA) COUNTY OF ORANGE ) (Individual) ss. STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. On R. before me, the personally appeared me on the basis of satisfactory evidence to be the person _ whose me is subscribed to the within instrument and acknowledges that he executed the same. WITNESS my hand and official seal. Notary's +9 re On NOV 14 1991 , 19 , before me a Notary Public in and for said State, personally appeared Doug Lane personally known KIM NGUYEN to me to be the person whose name is subscribed to the within Instrument t�rQECOU �d � u as the Attomey4n-Fact of AMERICAN MOTORISTS INSURANCE COMPANY, Comm. fres Ju i 30 and acknowledged to me that he subscribed the name of said Company thereto as Surety, and his own name as Attorney -In -Fact. Notary dbMCUTED IN TRIPLICATE" Bond No. 3SM 772 563 00 PREMIUM: Incl. W/Perf. Bond SUBDIV151ON LABOR AND MATERIAL BOND (GOVERNMENT CODE, Section 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Stanley R. Stanbridge (hereafter designated as "Principal'), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements, which said Agreement, dated koo--mg6g /9 '19_2L__, and identified as Project Roadwork for tract #88-396 is hereby referred to and made a part hereof; and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that, if said Principal or any of his or its sub -contractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done or for any work or t labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, said Principal and as Surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of ***Twenty One Thousand Three Hundred Seventy Five and n0/100**** Dollars ($ 21.375.00**** ), lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. 1 of 2 THE CONITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors, assigns or sub -contractors shall fail to pay for any materials, provisions, provender, teams or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done or for any work or labor done thereon of any kind or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 5, Chapter 3 of the Government Code of California as amended that the Surety will pay the same in an amount not exceeding the sum specified int this bond and also in case suit is brought upon this bond will pay reasonable attorney's fees to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act so as to give a right of action to them or their assigns in any suit brought upon this bond. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or modification to the terms of the Agreement or to the work or to the specifications. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the 14th day of November -'19 91 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. 2 of 2 APPROVED AS TO FORM JOHN R. SHAW, CITY ATTORNEY NOTE: Please Attach Notary Acknowledgement and Power of Attorney Oct. '90 STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. (Individual) STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. PRINCIPAL Stanley R. Stanbridge 1,nU. (NOTARIZATION AND SE ) SURETY American Motorists Insurance Co. i Doug Lane/Attorney—in—fact (NOTARIZATION AND SEAL) On November 14. 1991 before me, the ndersigned, a Notary Public in and for said State, personally appeared Stanley R. Stanbridge personally known tc or proved me on the basis of satisfactory evidence to be the person whose me is subscribed tothe within instrument and acknowiedgesthat he executed the same. WITNESS my hand and official seal. otary's On NOV 1 4 1991 .19 , before me a Notary Public in and for said Mate, personally appeared Doug Lane personallyknown to me to be the person whose name is subscribed to the within Instrument NpdWY�RJORNIA as the Attomey-In-Fact of AMERICAN MOTORISTS INSURANCE COMPANY, OmnNO t and acknowledged to me that he subscribed the name of said Company thereto as Surety, and his own name as Attorney -In -Fact. Notary Public 2 of 2 0 August 24, 1993 Dr. Stanley Stanbridge 31431 Paseo Christina San Juan Capistrano, California 92675 Re: Completion of Public Improvements and Release of Bonds - Parcel Map 8-396-396 Dear Dr. Stanbridge: MEMBERS OF THE Cj'Y COUNCIL COLLENE CAMPBELL GARY L nAUSOORFER GILJONES CAROLYNNASH JEFF VASOUEZ CITY MANAGER GEORGESCARBOROUGH At their meeting of August 3, 1993, the City Council of the City of San Juan Capistrano adopted Resolution No. 93-8-3-1, accepting the work completed for the construction of a right -turn lane on eastbound San Juan Creek Road at Paseo Christina. A copy of Resolution No. 93-8-3-1 is enclosed for your information. The Monumentation Bond in the amount of $2,480, and the Faithful Performance and the Labor and Material Bonds in the amount of $21,375 will be released upon the expiration of 35 days from recording of the Notice of Completion. The Notice was recorded on August 20, 1993; therefore, the bonds may be released on September 24, 1993, subject to receipt of a warranty bond in the amount of $7,215. The warranty bond may be released on August 3, 1994; the Faithful Performance and Labor and Material bonds in the amount of $14,700 for landscape installation will remain in force. If you have any questions, please do not hesitate to call. Very truly yours, &W�— Cheryl Johnson City Clerk Enclosure cc: Director of Engineering and Building Tony Foster 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493.1771 i CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: Theodore Simon, City Engineer FROM: Dawn Schanderl, Deputy City Clerk SITUATION: M B,$ -3M DATE: October l9, 1992 On November 19, 1991, the City Council approved a Subdivision Improvement Agreement with Lia and Stanley Stanbridge. Said agreement states required improvements shall be completed within 12 months from the effective date of agreement. The time of completion may be extended by the City Engineer in writing for good cause shown by the subdivider. Agreement is due to expire November 19, 1992. ACTION REQUESTED: Please nofity this office if agreement will be extended or closed. ACTION TO BE TAKEN: 0 kid Q�/tPL�nGc - DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: &T 12 1993 SIGNATURE OF OFFICIAL TAKING ACTION: /!J DATE SIGNED: i0 LO ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 10/19/92 Deadline Date: 11/19/92 cc: City Attorney AssacuR� City Manager Department Head (600.30/standbrid) i0/19Ig a pa 0 August 4, 1993 -� u ' i�✓i' � Imenra�nno uuxu 1961 1776 Recorder's Office County of Orange P. O.Box 238 Santa Ana, California 92702 Re: Notice of of Completion - Parcel Map8��StanbriJZ0- Parcel Map8��StanbriJZ0 Gentlemen: The following document is enclosed for recordation: MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL GARY L. HAUSOORFER GIL JONES CAROLYN NASH JEFF VASQUEZ CITY MANAGER GEORGESCAPSOROUGH Notice of Completion of Public Street Improvements (right -turn lane, eastbound San Juan Creek Road at Paseo Christina (Stanbridge) When placed of record, please return said document to this office. A duplicate copy of this letter is enclosed. Please stamp Document Number and date of recording on the letter and return it to this office in the enclosed, stamped, self-addressed envelope at your earliest convenience. THE ORI61MAL OF THIS DOCUMENT WAS RECORDED ON 20 -AUG -1953, DOCUMENT #iI!iRER 93'156252°. Thank you for your cooperation. G UI m rrncnc LEE A. FRAIJI...;; COUNTY R...,,RTER, Very truly yours, ORANGE COUNTY RECORDER'S GFFICE Cheryl Johns n City Clerk Enclosure Document Number Date ' 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 JMan �i muuunu is,Milsnu 1961 1776 MEMBERS OF THE CITY COUNCIL LAWRENCEF SUCHHEIM NEN"ETH E FR 'ESS GARYL HAUSDORFER GIL JONES JEFF VASOUEZ CITY MANAGER STEPHEN B JULIAN 1 December 9, 1991 Dr. Stanley R. Stanbridge 31431 Paseo Christina San Juan Capistrano, California 92675 Re: Parcel Map 88-396 Dear Dr. Stanbridge: At their regular meeting held November 19, 1991, the City Council of the City of San Juan Capistrano approved your request to defer Parks and Recreation and Sewer Capacity Fees, with the stipulation that a document be recorded setting forth the deferral of fees to either issuance of a grading permit or a building permit, whichever occurs first. The City Council also took action to approve the Final Map and the Subdivision Improvement Agreement. The documents have been forwarded to the Orange County Recorder's Office. A fully -executed copy of the Fee Payment Agreement and the Subdivision Improvement Agreement are enclosed for your files. If you need any further information, please let us know. Very truly yours, Cheryl City Cl Enclosure cc: Director of Engineering and Building 32AOO PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 l + "EXECUTED IN TRIPLICATE" c-11 UBDMSION FkITHFUL PERFORMANCE BOND (GOVERNMENT CODE 5 66499.1) �/ BOND # 3SM 772 561 00 PREMIUM: $441.00 WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Stanley R. Stanbridge (hereafter designated as "Principal"), have entered into a Sub- division Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated A/0U<MBEL It % , 19 91 , and identified as Project Landscape , is hereby referred to and made a part hereof; and WHEREAS, said Principal is required, under the terms of the said Agreement, to fur"Ish a bond for the faithful performance of said Agreement; NOW,. T88REFORZ, we, the Principal and American Motorists Insurance Company = , as Surety, are held. firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in thenum of ***Fourteen Thosuand Woven -Hundred and uO/100*** (;14,700.00) Dollars, lawful money of the United States, for the payment of, which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obliqation shall be null and void; otherwise it shall ruin in full force and effect. Surety waives any rights, if there by any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in u I" 00 . addition to the face amount specified, there shall be included costs and reasonable.expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Suraty, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modifi- cation of the contract dccu:me is or ot the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modification of the contract documents or of work to be performed thereunder. 91 Executed this 14th day of November , 1916, -at Orange California. pR=apAL Stanley R. Stanbridge (NOTARIZATION AND SEAL) APPROVED AS TO FORM. , ;, z".3. J)dh R. Shaw it Attorney SURETY American Motorists Insurance Company Z Doug a/Attorney-in-fact (NOTARIZATION AND SEAL) STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. (Individual) On R. 1991 before me, the rsonally appeared o mean the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledges that he executed the same. WITNESS my hand and official seal. Notary's SignWfe STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. On NOV 14 1991 '19 , before me a Notary Public in and for said tate, personally appeared Doug Lane personallyknown to me to be the person whose name is subscribed to the within Instrument g1ANGECOt[rml as the Attomey-In-Fact of AMERICAN MOTORISTS INSURANCE COMPANY, and acknowledged to me that he subscribed the name of said Company thereto as Surety, and his own name as Attorney -in -Fact. GEUGIITED IN TRIPLICATE" • Bond No. 3SM 772 561 00 PREMIUM: Incl. W/Perf. Bond SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE, Section 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Stanley R. Stanbridge (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements, which said Agreement, dated A o►'EivMBEe 19 '19_21__., and identified as Project Landscape Tract #88396 is hereby referred to and made a part hereof; and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that, if said Principal or any of his or its sub -contractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, said Principal and as Surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of ***Fourteen Thousand Seven Hundred and NO/100*** Dollars ($ 14.700.00 ), lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. Iof2 THE COND•ON OF THIS OBLIGATION is suchat, if said Principal, his or its heirs, executors, administrators, successors, assigns or sub -contractors shall fail to pay for any materials, provisions, provender, teams or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done or for any work or labor done thereon of any kind or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 5, Chapter 3 of the Government Code of California as amended that the Surety will pay the same in an amount not exceeding the sum specified int this bond and also in case suit is brought upon this bond will pay reasonable attorney's fees to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act so as to give a right of action to them or their assigns in any suit brought upon this bond. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or modification to the terms of the Agreement or to the work or to the specifications. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the 14th day of November -'19 91 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. 2 of 2 PRINCIPAL• Stanley R. Stanbridge APPROVED AS TO FORM (NOTARIZATION AND SEAL) JOHN R. SHAW, CITY ATTORNEY SURETY American Motorists Insurance Co. Doug Lane/Attorney—in—fact (NOTARIZATION AND SEAL) NOTE: Please Attach Notary Acknowledgement and Power of Attorney Oct. '90 STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. (Individual) On November 14, 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared Stanley R. Stanbridge personally known to or proved to me on the basis of satisfactory evidence to be the person_whose name is subscribed to the within instrument and acknowedges that he executed the same. WITNESS my hand and official seal. Notary's Sigma STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. On NOV 14 1991 '19 , before me a Notary Public in and rr ;L,%LMA for said tate, personally appeared oug Lane personally known ppy� to me to be the person whose name is subscribed to the within Instrument OHANGECOUNTY as the Attomey-In-Fact of AMERICAN MOTORISTS INSURANCE COMPANY, Comm. iresJu 30 and acknowledged to me that he subscribed the name of said Company thereto as Surety, and his own name as Attomey-In-Fact. "EXECUTED IN TRIPLICATE" COPYSUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE S 66493.1) BOND # 3SM 772 561 00 PREMIUM: $441.00 WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Stanley R. Stanbridge (hereafter designated as 'Principal"), have entered into a Sub- division Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated /VoyEmxa 19 , 19 91 , and identified as Project Landscape , is hereby referred to and made a part hereof; and WHEREAS, said Principal is required, under the terms of the said Agreement, to furs+ s;, a bond for the faithful performance of said Agreement; NOW, .THEREFORE, we, the Principal and American Motorists Insurance Company , as Surety, are hel& firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sLm1 of ***Fourteen Thosuand Swven_Hundred and n0/100*** ($14.700.00) Dollars, lawful money of the Unsted States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW? THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there by any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: I. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonableexpenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modifi- cation of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. 91 Executed this 14th day of November 19M, at Orange , California. PP,= =PAL Stanley R. Stanbridge (NOTARIZATION AND/// SEAL) APPROVED AS TO FORM. Attorney SURETY American Motorists Insurance Company oug Lane Attorney-in-fact (NOTARIZATION AND SEAL) -v _ STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. (Individual) On November 14 1991 before me, the IA` L .a, undersigned, a Notary ublic in and or said tate, personally appeared KIM NGUYEN Stanley R. Stanbridge NOTARY PUBLIC -CALIFORNIA personally known to or proved ORANGE COUNTYto me on the basis of satisfactory evidence to be the person whose Comm. mJuI 301993 name is subscribed to the within instrument and acknowledges that he executed the same. WITNESS my hand and official seal. Notary's I n STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. On NOV 14 1991 .19 before me a Notary Public in and IIOdR ��lA for said tate, personally appeared Doug Lane personally known ORANGE COUNTY t to me to be the person whose name is subscribed to the within Instrument ODInM- as the Attomey-In-Fact of AMERICAN MOTORISTS INSURANCE COMPANY, and acknowledged to me that he subscribed the name of said Company thereto as Surety, and his own name as Attorney-In-Fact. Notary Public •EXECUTED IN TRIPLICATE" Bond No. 3SM 772 561 00 PREMIUM: Incl. W/Perf. Bond SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE, Section 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and _ Stanley R. Stanbridge (hereafter designated as "Principal'), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements, which said Agreement, dated Alt) utn &P-- /9 , 19_2L__., and identified as Project Landseapp Trnyr 188396 , is hereby referred to and made a part hereof; and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that, if said Principal or any of his or its sub -contractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, said Principal and as Surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of ***Fourteen Thousand Seven Hundred and NQ/100*** Dollars ($ 14.700.00 ), lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. Iof2 copy THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors, assigns or sub -contractors shall fail to pay for any materials, provisions, provender, teams or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done or for any work or labor done thereon of any kind or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 5, Chapter 3 of the Government Code of California as amended that the Surety will pay the same in an amount not exceeding the sum specified int this bond and also in case suit is brought upon this bond will pay reasonable attorney's fees to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act so as to give a right of action to them or their assigns in any suit brought upon this bond. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or modification to the terms of the Agreement or to the work or to the specifications. 1N WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the 14th day of November -'19_91___, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. 2 of 2 APPROVED AS TO FORM JOHN R. SHAW, CITY ATTORNEY NOTE: Please Attach Notary Acknowledgement and Power of Attorney Oct. '90 STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. (Individual) STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. On L) PRINCIPAL Stanley R. Stanbridge (NOTARIZATION AND SEAL) SURETY American Motorists Insurance Co. Doug Lane/Attorney—in—fact (NOTARIZATION AND SEAL) 14. 1991 before me, the otary Public in and for said State, personally appeared R. Stanbridee to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledges that he executed the same. WITNESS my hand and official seal. Notary's i On NOV 14 1991 , 19 , before mea NotaryPublic in and for said tate, personally appeared Doug Lane personally known to me to be the person whose name is subscribed to the within Instrument as the Attorney -In -Fact of AMERICAN MOTORISTS INSURANCE COMPANY, and acknowledged to me that he subscribed the name of said Company thereto as Surety, and his own name as Attomey-In-Fact. 2 of 2 AMERICAN MOTORISTS INSANCE COMPANY 46 Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint Doug Lane of Orange, California its true and lawful agent(s) and attorneys) -in -fact, to maks, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1992, unless sooner revoked for and on its behalf as surety, and as its act and dead: Any and all bonds and undertakingsprovided the amount of no one bond or undertakingexceeds FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) EXCEPTION: NO AUTHORITY is granted to wake, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the saga obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of those presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by Its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1992. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attornays-in-fact, and to authorize thea to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of Indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company say appoint agents for acceptance of process. - This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1968: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Sacratery, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.^ In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 03 day of June , 1991 . Attested and Certifledt F.C.McCullough, Secretary (OVER) AMERICAN MOOTTORISTS INSURANCE COMPANY by J.S.Kemper,III,Ssnior Vice President STATE OF ILLINOIS SS COUNTY OF LAKE I, Grace E. Condon, a Notary Public, do hereby certify that J. S. Kemper, III and F. C. McCullough personally known to w to be the saw persons whose names are respectively as Senior Vice President and Secretary of the American Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before w this day in person and severally acknowledged that they being thereunto duly authorized signad, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own tree and voluntary act for the uses and purposes therein set forth. My commission expires: 5-14-94 4 "OFFICIAL SEAL" 10, 4 Grace E. Condon 10 4 Notary Putilk. State of Illinois Is 4 My Conmesim Expires 5114194 1, CERTIFICATION I, N. J. Zarads, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney dated Jur 31 1991 on behalf of the person(s) as listed on the reverse side is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said J. S. Kemper, III and F. C. McCullough who executed the Power of Attorney as Senior Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Senior Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American Motorists Insurance Company on this day of NOV 14 1991 19 N.J.Zarsda, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. FM 836-5 5-90 1M PRINTED IN U.S.A. Power of Attorney - Term Grace E. Condon, Notary Public I, N. J. Zarads, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney dated Jur 31 1991 on behalf of the person(s) as listed on the reverse side is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said J. S. Kemper, III and F. C. McCullough who executed the Power of Attorney as Senior Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Senior Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American Motorists Insurance Company on this day of NOV 14 1991 19 N.J.Zarsda, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. FM 836-5 5-90 1M PRINTED IN U.S.A. Power of Attorney - Term