1974-1106_U.S. DEVELOPMENT CORPORATION_Agreement0 0
AGREEMENT
THIS AGREEMENT, made and entered into this 6th day of November , 1974,
by and between U. S. DEVELOPMENT CORPORATION
s
hereinafter designated as "SUBDIVIDER" and the CITY OF SAN JUAN CAPISTRANO, a body
politic of the State of California, hereinafter designated as "CITY":
.z
W I T N E S S E T H:
WHEREAS, the SUBDIVIDER has prepared and offered for acceptance by the CITY a
final map of Tract No. 8130 is the City of San Juan Capistrano, County of Orange,
and
WHEREAS, the SUBDIVIDER by said map offers for dedication to the CITY for
public use the streets and easements as sho,m on said map, and
WHEREAS, the SUBDIVIDER desires the CITY to accept the streets and easements
shown on said map for public use.
NOW, THEREFORE, IT IS AG ^-D by and bet*.Teen the Parties hereto as follo.rs:
In consideration of the acceptance of the streets and easeirronts shvm on the
final rap of Tract No. 8130 , City of San Juan Capistrano by the CITY, the SU3_
DIVIDER does hereby agree:
1. That the SUBDIVIDER will at the sole cost and exoense of the SUBDIVIDER
construct and install all of the street improvements of Tract No. 8130 now on
file in the office of the City Cleric of the City.of San Juan Capistrano; said
"Plans for Street Improvements of Tract No. 8130 11 are hereby referred to and
made a part of this Agreement as though fully set forth herein.
2. To secure the faithful performance of this Agreement, the SUBDIVIDER
agrees to furnish to the CITY a good and sufficient bond executed by a corporation
authorized to transact surety business in
the State of Californta in the sum of
$ 83,000.00
Subdivision
improvements -
labor and materials
83,000.00
Subdivision
improvements -
faithful performance
7 0� 10�^00
Subdivision
monumentation
mE'Ulu
Total
said bond to be
approved by
the CITY
3a?ecRixistsx�IXxaaOabksad:hac
Sci3Yxaxsxi10Cs.9
to assure the faithful performance of this Agreement.
-1-
3. It is mutually agreed that the work herein required to bo done by the SU3_
DIVIDER shall on the written request of the SUBDIVIDER made to the City Engineer
be inspected by him and if found to bV in order, accepted as it progresses. in
such case the SUBDIVIDER shall be entitled to a partial refund of money deposited
to secure faithful perforrance, in a sum in the same ratio to the total money
deposited as the work accepted bears to the total work to be done, provided that
the CITY'S Engineer has. first certified to the City Council the amount of work
completed and to be accepted and the amount of partial refund to which the SUB-
DIVIDER is entitled and the City Council approve such refund and further provided
that no refund in excess of Eighty-five percent (85da) of the total amount of the
original deposit shall be made until all of the work is compldted and accepted.
4. The SUBDIVIDER agrees to commence the construction and installation of
said improvements within 180 days from the approval of said rap by the CITY and
shall complete said work within 365 days from the date of said approval.
This agreement is entered into pursuant to the provisions of Div. 4, Pt. 21
Ch. 2, Art. 9 of the Business and Professions Code of the State of California,
IN WITNESS L-MEREOF,
ii_ C TFSIFT I�9MC�iT nnnnnn ♦m+n�i
( O
(Corprp orr ation) �
C STATE OF CALIFORNIA
COUNTY OF ORANGE )JJ SS.
October 24, 1974
On _ before me, the undersigned, a Notary Public in and for said
State, personally appeared Bruce J. McIver
w
known to me to be the Senior Vicepresident, and R. W. Michaels
"Assistant
w known to me to be Secretary 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 therein named, and
d acknowledged to me that such corporation executed the within
hinstmment pursuant to its by-laws o lution of its board r
r. ors. OFFICIALSEAL
WITNEt S y tial 1 ;ro LINDA L SCHIERBERL 1
1 `kl: _ Notary public . California 1
1 ORANGE COUNTY 1
Signator �My.0 mMmLft 1U1M.Ap.11 *, 1976 �
Linda L. Sch' rberl
i� Name (Typed or Printed)
(Tat. area fx .fl W net Aaf roll
z
AGENDA ITEM February 18, 1976
(Date) Sy_
TO: James S.,.Mocalis, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Release of Bonds on Tract No. 8130
Village San Juan - Zellner
SITUATION:
Communities, Inc.
The public improvements required for Tract No. 8130
have been completed and inspected by the City Inspector. The
developer has requested that the City accept the improvements
and release the bonds. The Notice of Completion for this project
was recorded on November 4, 1975 The Labor and Material
February Bond should continue until 18, 1977 and the Faithful
Performance Bond may be released as of February 18, 1976 The
final monuments have been set and the engineer has been paid for
services rendered.
FINANCIAL CONSIDERATIONS:
There is no cost to the City for this action.
ALTERNATE ACTIONS:
1. Accept the public improvements resulting from Tract No.
8130 „ require an extension of the
Labor and Material Bond to February 18, 1977 , and
exonerate the Faithful Performance Bond and the Monu-
mentation Bond.
2. Do not accept the public improvements resulting from
Tract No. 8130 and do not release the bonds.
3. Request further study by Staff.
RECOMMENDATION:
By motion, accept the public improvements resulting from Tract
No. 8130 , require an extension of the Labor and Material
Bond to February 18, 1977 , and exonerate the Faithful
Performance Bond and the Monumentation Bond.
Respectfully submitted,
W. D. Mu
FOR CITY COUNCIL AGENDA . .
P
CCounty of KIFRRNILES A } s:_
ANGE
s
On this— 22 day of net0ber , 19_7A before me personally cone
to me known, who being by me duly sworn, did depose and say: that he is Attorney(s)-in-Fact of Coven-
ant Mutual Insurance Company, the Corporation described in and which executed the foregoing instrument; that
he know(s) the seal of said Corporation; that the seal affixed to said instrument is such corporate teal;
that it was so affixed by authority granted to him in accordance with the By -Laws of the said Corporation,
and that he signed his name thereto by li a autho I
,,,,, a,a„ ea �a�t
OFFICIAL SEAL = ® (Notary Public)
Stacy Rubalcaba
dY �LIi21 NOTARY FUSLIC CALIFORNIA - Orpe
-� ".;IFAL OFFICE IN My conlnlission expires
LOS ANGELES COUNTY
My Commission Expires July IC 1978
TO 94. c
(Corporation)
STATE OF CALIFORNIA
COUNTY OF Los Angeles ss.
f
On October 23, 1974 before me, the undersigned, a Notary Public in and for said
State, personally appeared — W • A. Obers
u known to me to be the President, a6lf
W p.ANNx(A*)ax)uxyYXXxxxxxyxYxXxxycy"K of the corporation
that executed the within Instrument,
= known to me to be the persons who executed the within
a Instrument on behalf of the corporation therein named, and
A. acknowledged to me that such corporation executed the within
•♦♦♦♦♦♦♦♦♦♦♦♦♦♦NNH♦♦♦♦NN•
n instrument pursuant to its bylaws or a resolution of its board
♦ OFFICIAL SEAL
of directors.•
• HELEN M. ROCKMAN 0
WITNESS,my h and 7c al se
♦ °ifE: NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN
r
♦ LOS ANGELES COUNTY ♦
Si
My Commisslon Expires Nm. 27, 1976
Helen M. Rockman
Name (Typed or Printed)
(Tble area for oa,w notarial real)
A
,
M
COVENANT MUTUAL INSURANCE COMPANY
Bond No. 001385
Initial premium charged for this bond is
CONTRACT BOND — CALIFORNIA20.00 subject to
FAITHFUL PERFORMANCE — PUBLIC WORK saiustment upon completion Or contract at
applicable rata on final contract price.
KNOWALL MENBY THESEPRESENTS, That Arai p&a pntprnrisoa
of Los Angeles as Principal,
and the COVENANT MUTUAL INSURANCE COMPANY, a corporation organized and existing under the
laws of the State of Connecticut and authorized to transact surety business in the State of California, as Surety,
are held and firmly bound unto City of San Juan Capistrano
inthesumof Two Thousand Ten Dollars and no/100------------------------
------------------------------------------------- Dollars ($ 2.010.00 ),
for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators,
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That WHEREAS, the above -bounden Principal has
entered into a Contract, dated , 19 with the City Of San Juan Capistrano
to do and perform the following work, to -wit: Subdivision Monuments in Tract No. 8130
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 22 day of October, 1974
Cal Fed Enterprises
fPrincipal
fOSI Q
4rC0ENA ;P7 SURANCE COMPANY
Erol rin Duplicate Attorney -in -Fact
0 0
state of MWORRIA
County of LOS ANGELES } ss.
CM this_ 22 da of October
Y , 191, before me personally coma
Alfred F Bane
to me known, who being by me duly sworn, did depose and say: that he is Attorney(s)-in-Fact of Coven-
ant Mutyl Insurance Company, the Corporation described in and which executed the foregoing instrument; that
e know(s) the seal of said Corporation; that the seal affixed to said instrument is such corporate seal;
that it was sat affixed by authoriy granted to him in accordance with the By -Laws of the said Corporation,
and that signed his name thereto by Iikd a1hnrit„"___i
_
.............................
„,........n...a..n„a...........n.wna,,,n,,,,a
OFFICIAL SEAL
Stacy Rubalcaba
i®
—
NO'4HY PI.BLIt, CFL tURNIA
',:i! PAL OFFI;EIY
I
9rpp
O
LOS ANFELES COUNTY
e
My Commission
Expires Jury 16, 1978
s Jul 1978
3
MY cc
1
uuu
To 449 c
(Corporation)
STATE OF CALIFORNIA
COUNTY OF Los Angeles SS.
(Notary
O
On October 23, 1974 before me, the undersigned, a Notary Public in and for said
State, personally appeared W. A. Obers ,
known to me to be the—
President, Will
V&yZXXd()00=) ttXXXXXXXXXXXXXXX.*KXd(ag of the
known to me to be the persons who executed the within
Instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the within
instrument pursuant to its bylaws or a resolution of its board
of directors.
WITNESS gnd official, eal.
i
Helen M. Rockman
Name (Typed or Printed)
corporation that executed the within Instrument,
♦ OFFICIAL SEAL
HELEN M. ROCKMAN
♦ m�...0 NOTARY PUBLIC - CALIFORNIA i
• - pRINCIPAL OFFICE IN
♦ LOS ANGELES COUNTY
• MY Commission Expires Nov. 27, 1976
anis arta for omalel notarial seen
group COVENANT MUTUAL INSURANCE COMPANY
Bond No. 001386
SUBDIVISION IMPROVEMENT BOND
LABOR AND MATERIAL (CALIFORNIA)
KNOWALL MENBYTHESE PRESENTS,That Cal Fed Enterprises
as Principal, and the
COVENANT MUTUAL INSURANCE COMPANY, a Corporation organized and existing under the laws of
the State of Connecticut and authorized to transact surety business in the State of California, as Surety, are held
and firm ly bound untoCity of San Juan Cayistrano
for the use and benefit of any and all persons entitled to file claim under Se t'o 2, B]J$tne$$a d`D�.,y,µ{�essions Code of
Eighty Three Thousand ti3,t/t/•VV
the State of California, in the sum of oars ($ ),
for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators,
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal enterreedd intoya certain Agreement or
Contract with the Obligee, dated the a� aa3—insiai2' Il 'Of er a e� WAbas
a eed to complete the foil win im rovements:
Improvements of4 T�acet No. 8130
as more fully set forth in said agreement.
NOW, THEREFORE, if the Principal shall pay Contractor, his subcontractors, and persons renting equipment or fur-
nishing labor and materials to them for the improvement then this obligation shall be null and void; otherwise, to remain
in full force and effect.
THEAGGREGATE LIABILITY of the Surety for any and all claims hereunder shall in no event exceed the sum specified
in this bond.
TIME FOR FILING SUIT on this bond shall be limited to six (6) months from date of completion of said improvements
as "completion" is defined under applicable sections of the Civil Code of the State of California.
Signed and sealed this
EEI
Cal Fed Enterprises
day of October
/ Principal
BY
President
Executed in Duplicate
1974.
COV A MU INSURANCE COMPANY
B
Attorney -in -Fact
260 S. Los Robles Ave. Suite 214
Pasadena, California Address
Covenant
9 0
COVENANT MUTUAL INSURANCE COMPANY
SUBDIVISION IMPROVEMENT BOND Bond No. 001386
FAITHFUL PERFORMANCE (CALIFORNIA) Initial Premium $ 830.00
KNOWALLMENBYTHESEPRESENTS, That Cal Fed Enterprises
as Principal and the
COVENANT MUTUAL INSURANCE COMPANY, a Corporation organized and existing under the laws of
the State of Connecticut and authorized to transact surety business in the State of California, as Surety, are held
and firmly bound unto City of San Juan Capistrano as Obligee,
inthesumof Eighty Three Thousand and no/100-- Dollars($ 83,000.00 )
for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal on
19 entered into a certain Agreement or Contract with the Obligee wherein the Principal agreed to complete the
following improvements: Construct and install all of the street improvements of
Tract No. 8130
as more fully set forth in said Agreement.
NOW, THEREFORE, if the Principal shall well and truly perform and fulfill all of the covenants, terms and conditions of
the said Agreement, then this obligation shall be null and void; otherwise to remain in full force and effect. Provided,
however: 1) That the consent of Surety shall be required for any extension of time to complete said improvements; 2)
That no right of action shall accrue hereunder to or for the benefit of any person, firm or corporation other than the
Obligee named herein.
Signed, sealed and dated Oetaher 22, 1974.
0AII FpA F.n�rnriaw�¢
Principal
President
COV AN M L INSURANCE COMPANY
B
f ane, Attorney -in -Fact
260 S_ Lon Rnblpa Avp_ Sni*e
Pasadena, California Address
Executed in Duplicate
J Nut
State of LOS ANGELES
County of ss.
On this_ 22
')CLO1:teT , 19-7A-, before me personally came
Alfred P. Bane
to me known, who being by me duly sworn, did depose and say: that he is Attorney(s)-in-Fact of Coven-
ant Mutt4 Insurance Company, the Corporation described in and which executed the foregoing instrument; that
know(s) the seal of said Corporation- that the seal affixed to said instrument is such corporate seal;
that it was scq!fixed by authorityhgraanted to 111In acco� nce with the By -Laws of the said Corporation,
and that signed 11 name thereto b/y I authority
nn. ...............................................alalllanlal ®
OFFICIAL SEAL ii_ ter'
Stacy Rubalcaba = (Notary TPublic)
I is
DNOTARY PUBLIC CALIFORNIA
,2'ti;v�o =_ orauo
PRINCIPAL OFFICE IN
2 LOS ANGELES COUNTY My commission expires
53 My Commission Expires July 16, 1978 Is
e..«nn..... nonIne".." .........„�,„�„n����,n„n.
TO 449C O
(Corporation)
STATE OF CALIFORNIA
COUNTY OF L0S Angeles } ss.
TOn October 23, 1974 before me, the undersigned, a Notary Public in and for said
State, personally appeared W. A. Obers
ra known to me to be the President, AA ,
W KaMd XXX*Xt)006XXXXXXXXXXXXXXXNjfdlXK* of the corporation that executed the within Instrument,
X
W known to me to be the persons who executed the within
j Instrument on behalf of the corporation therein named, and
< acknowledged to me that such corporation executed the within ♦♦♦♦♦♦♦♦�♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦
instrument pursuant to its by-laws or a resolution of its board OFFICIAL SEAL
of director. HELEN M. ROCKMAN
WITNESS my han nd official s¢a� ♦ ..,� NOTARY PUBLIC -CALIFORNIA
J I/ /1 ♦ PRINCIPAL OFFICE IN
Si urs <— ♦ LOS ANGELES COUNTY
My Commission Expires Nov. 27, 1976
Helen M. Rockman
Name (Typed or Printed)
(This area ter official notarial seal)