1980-0820_RECREACTIONS INC_Subdivision Agreement2
• RECORDED IN OFFICIAL RECORCS
9576 OF ORANGE COUNTY, CALIFORN
9:05 A.M. SLP 8 1980
EX -F Pr
LEE A. BRANCH, County Recorder
RECORDED AT THE REQUEST OF G, 3 ECORDING FEES EXEMPT DUE TO
AND RETURN TO: GOVERNMENT CODE SECTION 6103
City of San Juan Capistrano
Office of the City Clerk
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Mary AnnJVanovet, City Clerk
City of San Juan Capistrano, CA
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the agreement between the City of San Juan
Capistrano, California, and RecreActions, Inc., P.O. Box 99, Laguna
Beach, California, 92651, subdivider of Division of Land 78-2, requires
the subdivider to complete the following work to wit:
CONSTRUCTION OF PUBLIC IMPROVEMENTS IN CONJUNCTION WITH
DIVISION OF LAND 78-2 IN THE CITY OF SAN JUAN CAPISTRANO
That said work was completed by said subdivider 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, at a regular
meeting thereof held on the 20th day of August 1980 , by
Resolution No. 80-8-20-3
That upon said agreement the United California Bank was surety for the
Letters of Credit given by the said subdivider.
Dated at San Juan Capistrano, California, this 21st day of
August , 1980 .
Mary Annv�1� er, City Clerk of
the City cif San Juan Capistrano
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, 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 Council.
Dated at San Juan Capistrano this 21st day of
August
(SEAL)
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arlryy n frovef, City C1erTof
San Juan --Capistrano
u
43368
EXEMPT
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BK 13208.PG 1405
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
15 on
Pct 4 P -M. JUN 281979
Pa
LEE A. BRANCH, County T.eccrder
RECORDING REQUESTED BY AND WHEN RECORDING FEES EXEMPT DUE.TO
idECORDED RETURN TO: ERNMENT CODE SECTION 6103
CITY OF SAN JUAN RANO n �/
Office of the Cityy Clerk
GO Clerk
32400 Paseo Adelantq MARY ANN ANOVE , City
San Juan Capistrano, CA 92675 San Juan Capistrano, California
DL 78-2
SUBDIVISION AGREEMF•.NT
THIS AGREEMENT, made pursuant to the provisions of Division 2
of Title 7 of the Government Code of the State of California, by and
between the CITY OF SAN JUAN CAPISTRIiNO, a Municipal Corporation
hereinafter called the "City" and
INC., a California corporation
whose mailing address is P.O. Box 99
Laguna Beach, CA 92652
hereinafter called the "Subdivider."
WITNESSETH:
. THAT, WHEREAS, Subdivider has filed with the Planning Commission
of the City, a tentative parcel map for a proposed subdivision, known
as D.L. 78-2 , which has been conditionally approved by the City
Council, and
WHEREAS, Subdivider desires to postpone the public and private
improvements required as a condition of approval of said tentative
parcel map until a time subsequent to the acceptance and recordation
of the parcel map of said subdivision, by entering into an agreement
and providing the improvement security required to assure the furnishing
and installation of said improvements within the time herein provided.
. NOW, THEREFORE, in consideration of the premises and the approval
of the parcel map of said subdivision and the postponement of the time
to install such improvements, and to satisfy the said.condition of
the approval of the said tentative parcel map, the Subdivider hereby
undertakes, promises and agrees as follows:
1. Subdivider will,.at his (its) own cost and expense: improve
said D.L. by doing all -work and providing and furnishing all labor,
materials and equipment and making all installations shown on the
improvement plans signed and approved by the City Engineer and specified
W
by the Specificaticns of the City of San Juan Capistrano, which plans
and specifications are on file in the office of the City Engineer and
W
incorporated herein by reference, including but not limited to, all
N
grading work, paving of all streets, alleys and public service easements,
p
construction of concrete curbs, gutters, cross -gutters and sidewalks,
po
installation of storm drainage and sanitary sewerage facilities,
--D
installation of underaround conduit street lighting system, the
installation of all street name signs, and the supplying and planting
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of all parkway trees, together with the installation of all appur-
tenances, contingencies and the furnishing of all engineering costs
CD
and services to do and complete said work, and to do and complete all
CJS
other acts and obligations required by the City as condition of the
approval of the tentative subdivision. For purposes of this agreement,
the City Engineer shall determine the estimated costs of said improvements
to be used for Surety devices as required herein.
2. Subdivider will, at his (its) own cost: and expense, provide
and install all on-site and off-site water mains anti appurtenances
and will provide all labor and material to connect the -same to existing
mains and facilities of the Orange Couiit:y Waterworks District 44, and
will comply with all of the requirements of said .District, and with the
plans and specifications for said work signed by, and on file in the
office of the Manager of said District,' incorporated herein by refercnct�.
3. Subdivider acirecs to pny all applicable fees assigned by City.
Far V'ArposcS Of this aC;recment, appl.icahle fees shall be defiucd as all
foes that may be legally assessed through City's ord.i.nancc; and resolu-
tions as colidi.t.ions of approving subdivider's suhdivir;ion and proposod
improvements.
-11-
D. L. No. 78-
4. Subdi.vi.der shall fur.ni.;lr one good and sufficient bond in
accordance with the provisions of Chapter 5 of Division 2. of Title 7 of.
the Government- Code, said bond shall be in an amount equal. to the toLa.l
estimated cost of work and improvements not to be. dedicated to City b.it
inspected by City personnel. Said bond shall be conditioned upon f.aithiul.
5. Subdivider shall furnish two good and sufficient bonds in W
accordance with the provisions of Chapter 5 of Division 2 of Title 7 of N
the Government Code, said bonds to be in the amounts and for the following �
purposes: (a) an amount equal to the total estimated cost of the said e:ork CD
and improvements to be dedicated to City, conditioned upon the faithful
performance of this agreement, and (b) an additional amount equal to the
total estimated cosy of the said work and improvements to be dedicated
to City securing payment to the contractor, his subcontractors, and to �.
persons renting equipment or furnishing labor or materials to them for
the improvements.
6. The City Engineer of the City of San Juan Capistrano may make
such changes, alterations or additions to the plans and specifications
for said work and improvement which do not exceed ten percent (10%) of
the total estimated cost set forth in Item 4 above, as may be determined
necessary and dcslrable by him for the proper completion of said ;aort and
improvement or as required for the safety and welfare of the public and no,
such changes, alterations or additions shall relieve the Subdivider from
the faithful performance of this agreement..
7. Subdivider agrees to complete all. of said work and improvement
and to pay all costs specified herein within a period of 365 days^ —
from the date hereof..
8. It is agreed by and between the parties hereto that in the event
it is deemed necessary to extend the time of completion of the work i.nd
isnprovement to be done under this agreement, said extension may be
granted by the City Council of the City of San Juan Capistrano or its
duly authorized officer, and shall in no way affect the validity of
this agreement or the obligations hereunder. Bonds furnished hereunder
shall be kept in full force and effect until said work and improvements
shall be deemed complete, approved and accepted as completed by'said
Cita Council unless the same are reduced.
9. Subdivider agrees that City may, without any notice, and at
:?hall hold City, its oif.icers and
its sole option, at any time after the said time for completion has
from anv and
passed, complete, or cause to be completed, all or any part of the said
w
work., and Subdivider shall pay to said City, upon demand, all of the
Liability or los-;
cost of any of said work done by the City, its agents and contractor::, or
Ca
any of them, to complete all or any part of said work.
the acts
or o;ni.nnions of th •
Q
10. Subdivider agrees to pay City such sum as the Court may adjudge
Co
as reasonable for the legal services of any attorney representing the
a
City in any action brought to enforce or interpret the obligations of
o>
this instrument, and such sum shall be made a part of any judgment in
-�
such action against the Subdivider if such action is determined in favor
of the said City.
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Co
11. City, its officers and employees, except for their own acts,
sha13 not be liable or responsible for any accident, loss or damage
happening or occurring to the .improveme:rts specified in this agreement
prior to the completion and acceptance of said improvements by the Caty.
12. At all times from the acceptance by the City Council, of the
d ui; at'.ior?s offered on the final map of ;.x d i.ract to ire cor,pletio,,
and a_cc:reptance of the improvements described herein, Subdivider shall.
p:rform,all work in a safe, workmanlike manner and shall take such
prectu?tions as may be necessary to warn and protect tho'publ.i.c from ally
dangcrcDt?:, condition caused by the construction of said improvements.
i3. SuLM.i.vidcr.
:?hall hold City, its oif.icers and
employees harmlos.,
from anv and
all cl.rims,
demands, causes of
action,
Liability or los-;
of any :;ort
beL'anSe
of, or arising out-. of,
the acts
or o;ni.nnions of th •
;subdivider,
hip comm;?c.tor,
sul.,contractor.:;,
agents; .?r
(,nnployccs in the
performnnco
of this
acgr0e111011t.
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D. L. 7e -Z
Executed at San Juan Capistrano, California this 20th
June 19 79
Capistrano
APPROVED AND RECOMMENDED
FOR EXECUTION:
✓moi _I�_ �' ' � L-_�,0�✓
City Engineer' l//
Manary of Orange County
Waterworks District #4
S13BDIVIDER
RECREACTIONS, INC., a California corporation
By a LX— ----
U H BLUE
�j Vice lyresident and
Assistant Secretary
CITY OF SAN JUAN CAPISTRANO
MAYOR
APPROVED AS TO FORM
ftp Attorttev
TO 649 C
(Corporation)
TI
P-01 `t 1 0
13208
STATE OF CALIFORNIA )
Ss.6K
COUNTY OF ORANGE )}
June 1979
On —before me, the undersigned,
a Notary Public in and for said
T4
State, personally appeared
GH LUE
or known to me to be the President, and
,
c Assistant
m known to me to be Secretary of the corporation
that executed the within Instrument,
S known to an,, to be the persons who executed the within
�j Instrument en behalf of the corporation therein named, and
acknowledged to me that such corporation executed the within
I- instrument pursuant to its by-laws or a resolution of its board
♦♦♦♦♦♦♦♦♦••♦•♦♦•♦♦♦♦•♦♦••♦•♦•
'If directors.
OFFICIAL SEAL •
WITNESS hand
• RUTH G. EVANS
and official al.
♦'
♦ `P- `Kiri&, NOTARY PUB! IC—CALIFORNIA
PRINCIPAL OFFICE IN
Signature
♦ ORANGE COUNTY
d..
i My Commission Expires Sept, 11, 1982
RutI1G,
♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦•♦•♦♦♦♦♦♦♦♦♦♦♦♦
Name (Typed or Printed)
(This area tar official notarial seal)
STATE OF CALIFORNIA,
COUNTY OF_ Orange
City of San Juan Capistrano
OFFICIAL SEAL
CHERYI A JOHNSON
m NOTARY D.UBLIC •CALIFORNIA
ORAnGE COUnTY
My Comm. expires DEC 28, 1981
ESTATE OF CALIFORNIA,
COUNTY of Orange
City of San Juan Capistrano
OFFICIAL SEAL
RUTH E. MARQUARD
,+_ NOTARY PUBLIC CALIFORNIA
PRINCIPAL OFFICE IN
0 ORANGE COUNTY
My Commission Expires May 23, 1980
ss.
ON June 20 y9 1979 ,
before me, the unddersi nTkaEotaFRIESSn and for the said State, personally appeared
._ ESS—.---, known to me to be the
Mayor Msi�fW, and__ , known to me
to be the N City of San Juan Capistrano
the C roe poration that executed the within Instrument, known to me to be the persons who
executed the within Instrument, on behalf of the Corporation herein named, and acknowledged
to me that such Corporation executed the within Instrument pursuant to its by-laws or a
resolution of its board of directors.
WITNESS my hand and official seal.
otary Pub' In and for said State.
ss.
ON June 21 1 19-79
before me, the undersigned, a Notary Public in and for the said State, personally appeared
known to me to be the
President, and CHERYL A. JOHNSON known to me
to be the SMAdt$iifr Deputy City Clerk of City of
the' Corporation that executed the within Instrument, known to me to be the persons who
executed the within instrument, on behalf of the Corporation herein named, and acknowledged
to me that such Corporation executed the within Instrument pursuant to its by-laws or a
resolution of its board of directors.
WITNESS my hand and official seal.
a
RESOLUTION NO. 80-8-20-3
COMPLETION OF PUBLIC IMPROVEMENTS -
DIVISION OF LAND 78-2 (P.ECREACTIONS, INC.)
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 PUBLIC
IMPROVEMENTS - DIVISION OF LAND 78-2
(RECREACTIONS, INC.)
WHEREAS, the City of San Juan Capistrano has entered
into an agreement with RecreActions, Inc.,, for the construction
of public improvements in Division of Land 78-2; and,
WHEREAS, the Director of Public Works has evaluated the
final quantities and cost figures and recommends approval.
NOW, THEREFORE, fhe City Council of the City of
San Juan Capistrano does resolve as follows:
SECTION 1. That the work required to be performed by
said subdivider has been completed.
SECTION 2. .That the work is hereby accepted and
approved.
SECTION 3. It is further ordered that a "Notice of
Completion' abrecrded, on behalf of the City, in the office of
the County Recorder of the County of Orange within ten (10) days
of the date of this Resolution.
PASSED APPROVED AND ADOPTED this 20th day of
August 1980 , by the following vote,, towit:
AYES:
NOES:
ABSENT:
ATTESTS
Councilmen Friess, Schwartze, Tb^rpe,
Buchheim and Mayor Hausdorfer
None
ITY CLER
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) as.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, 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. 80-8-20-3, adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 20th day of
August 1980 .
(SEAL) CGL -z <�%'��-��
MARY AN�HANOVER, CITY CLERK
-I-
0 0
AGENDA ITEM August 20, 1980
TO: James S. Mocalis, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Resolution, Notice of Completion and Release of Surety -
Division of Land 78-2, Ortega Highway (RecreActions,Inc.)
SITUATION
The developer of the subject project has requested that the City
accept the public improvements and release the surety. The public
improvements have been completed and accepted by the City Inspector.
The City is requesting a Notice of Completion to be filed with the
County Recorder.
The surety for this development is:
Surety Amount Company Purpose
Letter of Credit $26,000.00 United Califor- Faithful Perfor-
nia Bank mance (Private)
Letter of Credit 19,500.00 United Califor- Faithful Perfor-
nia Bank mance (Public)
Letter of Credit 19,500.00 United Califor- Labor & Materials
nia Bank (Public)
FINANCIAL CONSIDERATION
There is no cost or compensation to the City for this action.
ALTERNATE ACTIONS
1. Accept the public improvements resulting from Division of Land
78-2, require a Notice of Completion to be filed, require an
extension of the Faithful Performance Surety for public improve-
ments to August 20, 1981, and exonerate the Labor and Materials
and Private Performance Sureties.
2. Do not accept the public improvements for Division of Land 78-2.
3. Request further information from Staff.
RECOMMENDATION
By Resolution, determine that the work resulting from Division of
Land 78-2 has been completed and declare the work to be accepted;
FOR CM COUNCIL. AGENDA
_Z�-/
_ i
Ortega Highway (Recreations, Inc.)
August 20, 1980
Page 2
direct that within ten (10) days from the date of acceptance, a
Notice of Completion be filed with the County of Orange Recorder.
By Motion, require an extension of the Faithful Performance Surety
for public improvements to August 20, 1981; direct Staff to
exonerate the Labor and Materials and Private Performance Sureties
upon expiration of thirty-five (35) days from the filing of the
Notice of Completion. Authorize Staff to release the Faithful
Performance Surety on August 20, 1981.
Respectfully submitted,
W. D. Murphy I
WDM:CMB/pjs
Enclosure
6. RESOLUTION, NOTICE OF COMPLETION AND RELEASE OF SURETY
DIVISION OF LAND 78-2 (RECREACTIONS, INC.)
U(38) Written Communications:
(99) Report dated August 20, 1980, from the Director of Public Works
(85) advising that the public improvements for Division of Land
78-2 have been completed and requesting release of bonds.
Ac�ce��ttance of Work:
The foilowing Resolution was adopted:
RESOLUTION NO. 80-8-20-3, COMPLETION OF IMPROVEMENTS
DIVISION OF LAND 78-2 (RECREACTIONS, INC.) - 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 PUBLIC IMPROVEMENTS - DIVISION OF
LAND 78-2 (RECREACTIONS, INC.)
The Resolution accepts the public improvements and directs
the City Clerk to forward the Notice of Completion to the
County Recorder within 10 days.
Release of Surety:
The.£ollowing Letters of Credit from United California Bank
are.released upon expiration of 35 days from the recording
of the Notice of Completion:
Bond Amount
Faithful Performance (private) $26,000
dated May 31, 1979
Labor S Materials (public) 19,500
dated May 31, 1979
The following Letter of Credit from United California Bank
was extended to August 20, 1981:
Faithful Performance (public) $19,500
dated May 31, 1979
Vaoho
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UNITED CALIFORNIA BANK
LAGUNA BEACH OFFICE • 222 OCEAN AVENUE • LAGUNA BEACH, CALIFORNIA • TEL. 714/494-6546
MAILING ADDRESS: SOX 369 • LAGUNA BEACH, CALIFORNIA 92652
May 31, 1979
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Re: RecreActions, Inc.
332 Forest Avenue Suite 22
Laguna Beach, CA 92651
Gentlemen:
United California Bank hereby confirms that funds in the amount of
Nineteen Thousand Five Hundred Dollars ($19,500.00) are held on deposit
on behalf of RecreActions, Inc., principal, for the benefit of the
City of San Juan Capistrano, beneficiary to insure faithful performance
of public improvements in and related to RecreActionsl; Inc., Division
of Land 78-2, in the City of San Juan Capistrano, County of Orange,
California.
It is agreed by the parties hereto that said funds are for the use
and benefit of the City of San Juan Capistrano, and in the event that
principal fails to complete and/or pay for said improvements as
required by the beneficiary, all funds in said account shall be
immediately available to the City of San Juan Capistrano, upon its
order.
It is farther agreed by the parties hereto that said funds will remain
pledged to the City of San Juan Capistrano until written release of
said pledge is granted by the City of San Juan Capistrano and received
by United California Bank prior to that date.
Sincerely,
U",te California Bank
I
Thel(lndersigned principal, RecreActions, Inc., acknowledges, accepts
and approves the terms contained herein, and agrees to be bound
thereby.
Funds will be held on deposit for One (1) year after the date of
completion.
171
0
UN ITED CALI FOR N 1A BANK
LAGUNA BEACH OFFICE • 222 OCEAN AVENUE • LAGUNA BEACH, CALIFORNIA • TEL. 714/4946546
MAILING ADDRESS BO% 369 • LAGUNA BEACH, CALIFORNIA 92652
May 31, 1979
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Re: RecreActions, Inc.
332 Forest Avenue Suite 22
Laguna Beach, CA 92651
Gentlemen:
United California Bank hereby confirms that funds in the amount of
Twenty Six Thousand Dollars ($26,000.00) are held on deposit on
behalf of RecreActions, Inc., principal, for the benefit of the City
of San Juan Capistrano, beneficiary to insure faithful performance
of public improvements in and related to RecreActions, Inc., Division
of Land 78-2, in the City of San Juan Capistrano, County of Orange,
California.
It is agreed by the parties hereto that said funds are for the use
and benefit of the City of San Juan Capistrano, and in the event that
principal fails to complete and/or pay for said improvements as
required by the beneficiary, all funds in said account shall be
immediately available to the City of San Juan Capistrano updn its
order.
It is further agreed by the parties hereto that said funds will remain
pledged to the City of San Juan Capistrano until written release of
said pledge is granted by the City of San Juan Capistrano and
received by United California Bank prior to that date.
Sincerely,
n-ite California Bank
The .undersigned principal, RecreActions,
and approves the terms contained herein,
thereby.
Inc., acknowledges, accepts
and agrees to be bound
f'
INSURANCE COMPANY OF THE WEST
I. C. W. PARK P. O. BOX 81063
SAN DIEGO, CALIFORNIA 92138
KNOW ALL MEN BY THESE PRESENTS:
That, RecreACtiOns, Inc.
as Principal,
and INSURANCE COMPANY OF THE WEST a corporation organized under
the laws of the State of CALIFORNIA and authorized to do a surety business in the State of CALIFORNIA
as Surety, are held and firmly bound unto the CITY OF SAN JUAN CAPISTRANO
in the sum of NINETEEN THOUSAND FIVE HUNDRED
AND NO/100-----------------------------------------------------19500.00
'j$ ,), lawful money
of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents:
SEALED with our seals and dated this 19th day of August, 1980
WHEREAS, on the 20th day of June, 1979 the said
RecreActions, Inc.
as contractor, entered into a contract for PUBLIC STREET IMPROVEMENTS FOR SUBDIVISION D.L. 78-2
for the sum of NINETEEN THOUSAND FIVE HUNDRED AND NO/100 ------
($ 19,500.00 ); and,
WHEREAS, under the terms of the specifications for said work, the said RecreActions, Inc.
is required to give
a bond for NINETEEN THOUSAND FIVE HUNDRED AND N01100 -----------------------------------------
(f; ly, ouu. uu ), to protect the
CITY OF SAN JUAN CAPISTRANO against the
result of faulty materials or workmanship for a period of one year from and after the date of the completion and acceptance of same,
*namely, unlit August 20, 1981
• NOW, THEREFORE, if the said RecreActions, Inc.
shall for a period of one year from and alter the date
of the completion and acceptance of some by said CITY OF SAN JUAN CAPISTRANO
replace any and all
defects arising in said work whether resulting from defective materials or defective workmanship, then the above obligation to be void;
otherwise to remain in full forte and effect.
RecreActions, Inc.
✓
By: lavy&Au�
INSURANCE COMPANY OF THE WEST
By
ROBIN'S. WESTFALL, ATTORNEY— —FACT
BOND
]MAINTENANCE
Bond No.
386687
That, RecreACtiOns, Inc.
as Principal,
and INSURANCE COMPANY OF THE WEST a corporation organized under
the laws of the State of CALIFORNIA and authorized to do a surety business in the State of CALIFORNIA
as Surety, are held and firmly bound unto the CITY OF SAN JUAN CAPISTRANO
in the sum of NINETEEN THOUSAND FIVE HUNDRED
AND NO/100-----------------------------------------------------19500.00
'j$ ,), lawful money
of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents:
SEALED with our seals and dated this 19th day of August, 1980
WHEREAS, on the 20th day of June, 1979 the said
RecreActions, Inc.
as contractor, entered into a contract for PUBLIC STREET IMPROVEMENTS FOR SUBDIVISION D.L. 78-2
for the sum of NINETEEN THOUSAND FIVE HUNDRED AND NO/100 ------
($ 19,500.00 ); and,
WHEREAS, under the terms of the specifications for said work, the said RecreActions, Inc.
is required to give
a bond for NINETEEN THOUSAND FIVE HUNDRED AND N01100 -----------------------------------------
(f; ly, ouu. uu ), to protect the
CITY OF SAN JUAN CAPISTRANO against the
result of faulty materials or workmanship for a period of one year from and after the date of the completion and acceptance of same,
*namely, unlit August 20, 1981
• NOW, THEREFORE, if the said RecreActions, Inc.
shall for a period of one year from and alter the date
of the completion and acceptance of some by said CITY OF SAN JUAN CAPISTRANO
replace any and all
defects arising in said work whether resulting from defective materials or defective workmanship, then the above obligation to be void;
otherwise to remain in full forte and effect.
RecreActions, Inc.
✓
By: lavy&Au�
INSURANCE COMPANY OF THE WEST
By
ROBIN'S. WESTFALL, ATTORNEY— —FACT
Acknowledgement of Surety
State of California )
County of San Diego )
On this91 th day of August 1980 , before me personally appeared
Robin S. westfall known to me to be the Attorney -in -Fact
of Insurance Company of the West and acknowledged to me that s -he executed the
within instrument.
In witness whereof, I hereto set my hand and official seal on the day and year in
this certificate first written above.
w
0"IMAL MAL
KCECILY M. GIPSON
RM • CALIPMIA
inso��n Ery. Apo S. 1984
ICW 315 (9/76)
c
I
Insucce Company of the Me
„r
HOME OFFICE: SAN DIEGO, CALIFORNIA
Certified Copy of
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West, a Corporation duly organized and existing under the
laws of the State of California and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint:
ROBIN S. WESTFALL
its true and lawful Attornevisl-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and
deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof ----------------------------
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the
Board of Directors of the Insurance Company of the West at a meeting duly called and held on the 6th day of February, 1973, which said
Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy:
"RESOLVED: That the President or Secretary may from time to time appoint Attorneys -in -Fact to represent and act for and on behalf of
the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys -
in -Fact and revoke the Power of Attorney give him or her; and be it further
"RESOLVED: That the Attorneys -in -Fact may be given full power to execute for and in the name of and on behalf of the Company any and
all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney -
in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary."
IN WITNESS WHEREOF, Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to be
signed by its duly authorized officers this Sixth day of June, 19 78 .
INSURANCE COMPANY OF THE WEST
3�T'y�pMPgyY4� /�
yT �NrAaPoNIIFO l�
i
r+ACN 1, t�
�4GFO8My' President
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO f SS:
On this Sixth day of---Jun—e---A.D., 19 79 before the subscriber, a Notary Public of the State of California, in and for the
County of San Diego, duly commissioned and qualified, came JAMES B. RATHBUN President, of INSURANCE COMPANY OF THE
WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged
the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that
the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature
as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first
above written.
OFFICIAL SEAL /
CAROLE POWER
NOTARY PUBLIC - CALIFORNIA
Principal office, San Diego Co. Calif.
My Commission Exp. Oct. 30, 1961
Notary Public
STATE OF CALIFORNIA l
COUNTY OF SAN DIEGO f SS.-
I,
S:
I, the undersigned, Richard S. King Secretary of the Insurance Company of the West, do hereby certify
that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not
been revoked.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation,
Chia 19th day of Au4ust 19 90
CAM'P'U'Ygc
�yF,owoafj�ri*,
>E
r+� t ter
ICW CAL 37 �+ t' Secretary
(ROaN
AGENDA ITEM
0
June 20, 1979
TO: James S. Mocalis, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Approval of Final Map, Acceptance of Subdivision Agreement
and Bonds and Acceptance of Agreement to Postpone Improvements,
Division of Land 78-2, Ortega Highway at East City Limits
(RecreActions, Inc./Glen Cove Associates)
STTTIATTnN
The final map for D.L. 78-2 has been reviewed and checked by the
Engineering staff and is ready for City Council approval. The sub-
ject map has been found to be technically correct and in conformance
with Article 2, Chapter 2, of the Subdivision Map Act. In addition,
all fees have been paid and all conditions of approval by the
Planning Commission have been met.
It is staff's opinion that the final map for D.L. 78-2 is ready for
approval by the City Council. Attached are a guide for Council review
of the subject map and a location map.
FINANCIAL CONSIDERATION
All required fees have been paid and the Faithful Performance and
Labor and Material securities have been obtained.
ALTERNATE ACTIONS
1. Approve the Final Map for D.L. 78-2
2. Do not approve the Final Map for D.L. 78-2.
3. Request further information from staff.
RECOMMENDATION
By motion, approve the Final Map for Division of Land 78-2, determining
that said map is consistent with the General Plan of the City and in
substantial compliance with the approved tentative map; approve the
Subdivision Agreement and authorize the Mayor to execute the agreement
on behalf of the City of San Juan Capistrano.
Respectfully submi d,
W. D. Murp
WDM:SE/tm
Encls.
FOR CITY COUNCIL AGENDA ..
U5.
PCL OBISSO
SA- N JUAN
CAPI- ST -ANO
4
S P/
0
PROJECT LOCATION
NOY
E P
T
tA r
0�6
VICINITY MAP
NO SCALE
3JFfT PKOPER7-.r
OL 7B _Z
PROPOSED
SHADE Tp
,CC LANE
DIV1510M OF LAND 18-?
-RECREACT10M5-
CITY COUNCIL GUIDELINES FOR
PARCEL AND FINAL MAP REVIEWS
This guideline is intended to provide the City Council with information
to assist in reviewing Parcel and Final Maps. The specific items
enumerated herein are required by the Subdivision Map Act and the Land
Use Management Code.
A. Council shall make the following determination in approving a
Parcel Map or Final Map:
1. The Final Map or Parcel Map is consistent with the General Plan.
2. The Final Map or Parcel Map is in substantial compliance with
the approved Tentative Map or Tentative Parcel Map.
S. Council shall deny a Parcel Map or Final Map if it does not canform
to any of the following:
1. The proposed map is consistent with the General Plan.
2. The design or improvement of the proposed subdivision is con-
sistent with the General Plan.
3. The site is physically suitable for the type of development.
4. The site is physically suitable for the proposed density of
- development.
5. The design of the subdivision or the proposed improvements are
not likely to cause substantial environmental damage nor sub-
stantially and avoidably injure fish or wildlife or their
habitat.
6. The design of the subdivision or the type of improvements is
not likely to cause serious public health problems,
7. The design of the subdivision or the type of improvements will
not conflict with easements, acquired by the public at large.,
for access through or use of, property within the proposed
subdivision.
CITY &RK'S DEPARTMENT - ACTIONWINDER
V i7/1
TO: City Engineer (Marty Bryant, staff)
FROM: City Clerk DATE: October 4, 1983
SITUATION:
At their meeting of August 20, 1980, the City Council accepted
the public improvements for Division of Land 78-2/Recreactions,
Inc. and extended Maintenance Bond No. 386687 in the amount of
$19,500.00 to August 20, 1981.
ACTION REQUESTED:
No record of this last surety being released can be found. Could
you please check your records and advise if it has been released,
and if not, if your Division will be releasing it in the near
future.
ACTION TO BE TAKEN:
-50? .'Srinl�E� lsouD "rb 8E kc—L.D 0�'1 ,L-
O�TEC-t A l-kIC�NWAy 1M�20�lE.ME�ITS A(zE ItJ,STAI.1_E.D
DATE WHEN NEXT ACTIONS) SHOULD BE TAKEN:
1 YsA2- iZEdiew s -r xos
SIGNATURE OF
OFFICIAL
TAKING ACTION:
C.YY1•.�
DATE SIGNED:
8-e.a-
ZE,
File No. 38 - #253
(78-2)
3A'��-Ci_
0 0
!ye4w�t`RECEIVED
An lVa&y Ad"o 89955 P (il..Va 7722 (208) 622-7722
�.on Wa "ado 80429 o' 7676 9 " en Wan&n&,l 9"w& J&ad 905) 979-4976
,44wZenn4n .1V~ji(e4dvy 07978 J. C. -V"500 2041 294-7977
o�: iril r��r 6491l�trrrzr�
t
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO. CALIFORNIA 92675
�'PHONE 493.1171
G� �; •tea � �.��
September 25, 1980
RecreActions, Inc.
P. O. Box 99
Laguna Beach, California 92651
Re: Completion of Public Improvements -
Division of Land 78-2
Gentlemen:
Enclosed is a copy of Resolution No. 80-8-20-3, which
was adopted by the City Council at their meeting of August 20,
1980. The Resolution accepts the work completed for the construction
of public improvements in Division of Land 78-2.
The Council directed that the following Letters of
Credit dated May 31, 1979, from United California Bank may be
released upon expiration of 35 days from recording of the Notice
of Completion, and copies are enclosed for your information:
Surety Amount
Faithful Performance (private) $26,000
Labor and Materials (public) $19,500
The Notice was recorded on September 8th; therefore, the Letters
of Credit may be released on October 13, 1980.
The following Letter of Credit dated May 31, 1979, from
United California Bank was extended to August 20, 1981:
Faithful Performance (public) $19,500
►J
RecreActions, Inc.
That Letter has subsequently
No. 386687, in the amount of
of the West. The Maintenance
1981.
MAH/cj
Enclosures
Cc: United California Bank
Director of Public Works
r
-2- September 25, 1980
been exchanged for Maintenance Bond
$19,500, from the Insurance Company
Bond will be released August 20,
Very truly yours,
G/
(MRS) MARY ANN HANOVER, CMC
City Clerk
0 0
MEMORANDUM August 15, 1979
TO: City Clerk
FROM: Engineering Division
SUBJECT: Division of Land 78-2 (Glen Cove Associates)
The following information is the
surety
breakdown
for the
subject
project:
Surety
Amount
Surety
Time
Faithful
Performance (Public)
$19,500
1 yr.
after completion
Faithful
Performance (Private)
26,000
until
completion lv�
Labor &
Materials (Public)
19,500
until
completion
4D
CMB/rem
32400 PASCO ADELANTO
SAN JUAN CAPISTRANO, CALIFORNIA 92675
PHONE 493.1171
June 26, 1979
RecreActions, I,jc.
P. O. Box 99
Laguna Beach, California 92652
Re: Division of Land 78-2
Gentlemen:
At th3ir meeting of June 20, 1979, the City Council
approved the Final Map for Division of I.and 78-2, accepted the
required bonds, and approved the Subdivision Agreement. The
Subdivision Agreement has been forwarded to the Orange County
Recorder's Office for recordation. A ccpy of the Agreement,
signed by Mayor Friess, is enclosed for your files.
If you have any questions, please do not hesitate
to call.
Very truly yours,
(MRS) MARY ANN HANOVER
City Clerk
MAH/cj
Enclosure
cc: Glen Cove Associates
Director of Public Works