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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) % 4n %ZGI� eC arlryy n frovef, City C1erTof San Juan --Capistrano u 43368 EXEMPT C2 41 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 -� 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. CJ 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. -2- �4-n� c. .�') 1j 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 ft ,'% c 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