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1993-1217_VERDE SAN JUAN ESTATES_Agreement0 nnlolrouno (:IAIII:SII 1961 1776 December 16, 1993 Loftis, Christiansen, Watkins Watkins & Doss MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL GARY L HAUSOORFER GILJONES CAROLYN NASH JEFF VASQUEZ CITY MANAGER GEORGE SCARBORuu,.. Re: Release of Time Deposit Receipt No. 07297-1437 - Security for Improvements at Verde San Juan Estates, San Juan Capistrano Dear Ervin L. Watkins: Attached is your Time Deposit Receipt No. 07297-1437, issued by Bank of America, in the amount of $25,000.00. Said Time Deposit Receipt was given to the City as security for improvements to the property known as Verde San Juan Estates . Work has been completed to the satisfaction of the City of San Juan Capistrano and the Time Deposit Receipt is hereby released. If you have any questions, please do not hesitate to call. Very trrul�yy, yours, Dawn M. Schanderl Deputy City Clerk Attachment cc: Daniel W. McFarland, Building & Safety Manager Bank of America, San Juan Capistrano Branch No. 729 This is to acknowledge that I have rec 'ved the Timeosit Receipt No. 07297-1437 issued by Ban America in he a t of $25,000.00. �'(1 �� Ervin L. Watkins, Managing Partner Dated this day of December, 1993. 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 9 (714) 493-1171 - -_ ;2 /k{//20, \_ ƒ{!M \E • a ! ` / {[k\ 3 - !2| z,, . § ■ E SO � ( \ \ ` 0 (}/ z \ |f A} ;} Bt,, ($k}kio {. rfg�$ J EaoiE }?|.e IE z m -W,0 ®•- ©7, E! E± ■ ! .£a» - E; 2 !®-!w CD ; !(E2/ ;!■ z(;§# // z*\/ _ _� [ƒ > - ,§/ \ { \}3 \ (��� o [ = M § f!� / m MO §w \\ f C / A0M 3 2 � - @ 7 � ( m 05.w CD (0 CD to § 05 e _0 0 0 0 0 D ti m w n F v v Do 2 O C O H >0 2 H � z a r m 0> z r o o C= zo Az n m a m 77 D n O m m m ro H m r O H 0 O 0 H cn O 2m �D jy D z c m H H m cn m z 0 I m a H X H � O � m a OC) Ho Dp z Kz n OD Cr z O a c D H M m r O Em _tiD Dz w2 0 • 0 MEMORANDUM December 15, 1993 TO: Dawn Schanderl, Deputy City Clerk FROM: Daniel W. McFarland, Building & Safety Manager Department of Engineering and Building 1166/ SUBJECT: Bond Release for Verde San Juan Estates This memo serves as authorization to release the referenced bond, Time Deposit Receipt No. 07297-1437, drawn of Bank of America, in the amount of $25,000.00 for grading at Verde San Juan Estates. This bond was purchased in the name of Loftis, Christiansen, Watkins -Watkins & Doss. All work covered by this bond has been completed to the satisfaction of the Building Division. DM/st cc: Building File z m n m m 0 THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation, hereinafter referred to as the "City" and Verde San Juan Estates, a general partnership, referred to as "Developer". WITNESSETH WHEREAS, City will issue Grading Permit No.31102 to Developer to construct certain designated improvements, more particularly described in Exhibit "A" attached and incorporated herein by reference, which said improvements constitute a portion of that real property at the location of Hilltop Way, Lot Numbers 1, 2, 9, 10, 11 and 12 of Tract 9030, commonly referred to as Verde San Juan Estates. WHEREAS, San Juan Capistrano Municipal Code 8-2.05 requires the posting of financial security to secure the faithful performance and labor and materials for the grading and installation of improvements connected with issuance of grading permits. WHEREAS, San Juan Capistrano Municipal Code 8-2.06 authorizes the Building Official to require additional bonding as security to ensure against adverse aesthetic_ impacts arising from incomplete grading and/or improvements from development projects which have not been completed. WHEREAS, the Building Official finds that the proposed project site is highly prominent and visible to the community, has unique topographic features or involves substantial grading of slope areas. NOW, THEREFORE, in consideration of the premises and promises hereinafter contained, City and Developer agree as follows: 1.Developer's Improvements Obligations. Developer shall, at its sole cost and expense, provide and furnish all labor, materials and equipment for the installation of improvements set forth in Exhibit "A". The grading permit and plans, which further defines the improvements in Exhibit "A", are on file in the office of the City's Building Official, and all documents referenced in Exhibit "A" are incorporated herein by reference. 2. Developer's Security. Developer shall provide a certificate of deposit with Bank of America, subject to the approval of the City's City Attorney, to secure Developer's improvement obligations required under this agreement. The amount of the bond shall be $99,000.00 for that work described in Exhibit "A". This security of $99,000.00 shall also serve as security for restoration of the site. A copy of the surety instrument, as approved by the City Attorney, is attached as Exhibit "D". 3. Completion of Improvements. To ensure the protection of the public safety, health and welfare, Developer shall construct the improvements described in Exhibit "A" in accordance with the schedule as set forth in Exhibit "B", and the conditions as set forth in Exhibit "C". -1- 4. Developer Default. In the event Developer does not complete the required improvements, including erosion -control measures within the time required, or abandons the project site, or suspends work for more than twenty working days other than previously prescribed, City shall have the right to immediately declare a default and to make demand on the surety for performance. 5. Restoration of Site. San Juan Capistrano Municipal Code Section 8-2.06 allows the City to require bonding a security to ensure against adverse aesthetic impacts arising from incompieted grading and/or improvements. The purpose of this bonding shall be to restore the property to its original condition if the Developer defaults. This restoration shall include: Dismantle and/or demolish improvements; 2. Grade property to its original contours as shown on the grading plan referred to in Exhibit "A"; 3. Remove all debris and construction materials from the site; and 4. Install erosion control, including hydroseeding, to the satisfaction of the Building Official. 6. Attorney's Fees. Developer agrees to pay City such sum as the court may adjudge as reasonable for the legal services of an attorney representing City in an action brought to enforce or interpret the obligations of this agreement, and such sum shall be made a part of any judgment in such action against Developer if such action is determined in favor of said City. 7. Developer's Work in Safe Condition. Developer shall perform all work in a safe workmanlike manner and shall take such precautions as may be necessary to warn and protect the public from any dangerous condition caused by the construction of said improvements. 8. Liability. Developer shall hold City, its officers and employees harmless from any and all claims, demands, causes of action, liability or loss of any sort because of, or arising out of, the acts or omissions of Developer, his contractor, subcontractors, agents or employees in the performance of this agreement. -2- 0 0 In Witness Whereof, the parties have executed this agreement as of Mt L, �4 , 1993 at San Juan Capistrano, California. opM ved am: y. ichard K. lYenhalter Q3 ity Attorney C' of San Jua a istrano By: Daniel W. Mc arland Building Official Principals By: Lbw' Title By: Title: AL%Giwra frugQ By: Title: -3- I EXHIBIT "A" VERDE SAN JUAN ESTATES ITEM 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in accordance with Grading Permit No. 31102 and the Developer's plans and supporting documents as listed below: (A) Grading Plan for Verde San Juan Estates, dated 4/2/93, prepared by Hunsaker and Associates, Doug Snyder, RCE No. 24068. (B) Geotechnical Report for Verde San Juan Estates, dated 12/20/91, prepared by Zeiser Kling Consultants, Henry Kling, No. 91435-01. ITEM 2: Construction of all on-site improvements in accordance with Grading Permit No. 31102 and Developer's grading plans referenced in Item 1 above, including, but not limited to: driveways, parking areas, retaining walls, terrace drains, down drains, subdrains, area drainage systems, and private storm drain systems not a part of Developer's Improvement Plans filed with City Engineer. ITEM 3: Construction and placement of landscaping and irrigation in accordance with approved plans for hydroseeding as included in the above plans. -4- EXHIBIT "B" SCHEDULE FOR COMPLETION OF IMPROVEMENTS Completion Date Task 7/30/93 9/30/93 Rough Grade Certification Landscape Irrigation 9/30/93 Landscape Planting -5- 0 0 EXHIBIT "C" CONDITIONS FOR COMPLETION OF IMPROVEMENTS A. The grading for this project shall be in strict conformance with the grading plans and related documents as described in Exhibit "A" and Grading Permit No. 31102. B. Grading operations shall commence within fourteen (14) calendar days after issuance of Grading Permit No. 31102. Winter grading will be conducted in strict accordance with the dynamic erosion - control plan submitted by the developer, and approved by the City. This erosion - control plan reflects erosion mitigation measures for expected grading conditions as the work progresses through the winter season and shall not be amended except with the permission of the City. In the event Developer does not wish to implement winter grading, or permission for winter grading is rescinded, static erosion -control plans reflecting current conditions of grading shall be submitted within ten (10) days of cessation of work. These plans shall include erosion -control planting as required by the City. C. Except as specified in "F" below, suspension in excess of twenty (20) working days of work authorized by Grading Permit No. 31102, including erosion -control measures and landscaping and irrigation, shall constitute default of this agreement. D. The supervising civil engineer and soils engineer shall file biweekly progress reports of all grading operations with the Building Official. An interim compaction report, for that work completed at the time work is suspended for the rainy season (see "G" below), shall be filed with the Building Official. This interim report shall conform to the grading code requirements for Final Compaction Reports. E. Contractor shall control dust to satisfaction of Building Official or his deputy. During grading, Contractor shall keep water truck on site and dampen work area, grounds, and loaded trucks. F. Grading operations suspended during the rainy season shall be resumed no later than 15 days from date of suspension. G. Installation of interim erosion control devices and systems shall commence within seven (7) days after rough grade certification has been approved by the Building Official and must be completed within fifteen (15) days of rough grade certification. Final erosion control landscaping and irrigation systems shall be installed prior to final inspection of the grading permit. H. All work shall be performed in strict observation of the Hours of Operation in accordance with San Juan Capistrano Municipal Code Section 8-107. i November 10, 1993 Loftis, Christiansen, Watkins Watkins & Doss MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL GARY L. HAUSOORFER OIL JONES CAROLYN NASH JEFFVASOUEZ CITY MANAGER GEORGE SCARBOROUGH Re: Release of Certificate of of Certificate of Deposit 00974-03192 and Acceptance and Acceptance of Replacement Surety for $25 000 00(Verde San Juan Estates) for $25 000 00 (Verde San Juan Estates) Dear Ervin L. Watkins: Daniel W. McFarland, Building & Safety Manager, has authorized the reduction of Certificate of Deposit No. 00974-03192 in the amount of $99,000.00 to $25,000 for grading at Verde San Juan Estates. The work covered by this bond has been nearly completed and the reduced bond will serve to cover the work remaining. The Certificate of Deposit No. 00974-03192 in the amount of $99,000.00, drawn from Bank of America, will be surrendered upon posting of a $25,000.00 replacement Certificate of Deposit. Thank you for your cooperation. Very truly yours, / &6G Aluldgv— Dawnn M. Schanderl Deputy City Clerk Attachment cc: Daniel W. McFarland, Building & Safety Manager Bank of America, Laguna Beach Branch No. 0097 This is to acknowledge that I have received Certificate of De 't No. 00974-03192 issued by Bank of America in the amoun f $99,000.00 and posted a replacement in the�moun of $25,000.00. Ervin L. Watkins, Managing Partner rY/ Dated this 141,02 =r day of November, 1993. 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493.1171 .0 `Q = { o _ }� ;\ ° X,_\)\ \ % CD .\, \Ta- /;E n 0 ro _ k ( c {,`:\ � �:2 g - Lo /)- 2§9x3 7 / v c g \\ O § m @ Is ¥ Br of San .fit Capistrano CERTIFICATE OF DEPOSIT IMPORTANT NOTICE You have agreed to keep your funds s on deposit until your certificate of o deposit matures. At our discretion, U we may allow you to withdraw all or " part of your funds at times other than a grace period (an early with - 0 drawal). However. each time you make an early withdrawal we will impose a a substantial early withdrawal penalty 0 on the amount withdrawn. The penalty 0 applies to each early withdrawal during the initial maturity period and during v each renewed maturity period. r •M y If the maturity period is less than 3 three months, you forfeit all interest the funds would have earned over c the full maturity period, regardless of when you make the withdrawal CIf the maturity period is three months or more, you forfeit rthree months of interest if the w amount withdrawn has been on deposit for three months + or less; all the interest earned if the U amount withdrawn has been on deposit for more than three y months w The penalty may exceed interest earned w and require a reduction in the funds o withdrawn or funds remaining on deposit. v The penalty is calculated on a simple 'zib interest basis, at the rate being pard on o the deposit. Q N Please refer to the publication you o receive for the other terms and condi- tions applicable to this time deposit. a RECORDING REQUESTE&Y • AND WHEN RECORDED RETURN TO: Charles F. Benninghoff III 26922 Canyon Crest Road San Juan Capistrano, California 92675 STATEMENT OF GENERAL PARTNERSHIP OF VERDE SAN JUAN ESTATES Verde San Juan Estates General Partnership, a California general partnership, declares that it is a general partnership and that: 1. The name of the partnership to which this Statement refers is Verde San Juan Estates General Partnership. 2. The names of the partners ("Partners") of the Partnership are: Wanda L. Loftis, Marcia Loftis, Ervin L. Watkins, Vera K. Watkins, Warren L. Watkins, Marilyn H. Watkins, Nolan M. Doss, Jr., Joyce H. Doss, Elmer L. Christiansen, and Patricia D. Christiansen 3. The Partners named in paragraph 2 of this Statement are all of the partners of the Partnership. 4. The names of the Managing Partners of the Partnership are: Marcia Loftis, Ervin L. Watkins and Elmer L. Christiansen. 5. The signatures of two out of three of the Managing Partners, without execution of the other Partners, may convey title to any real property held by the Partnership by a conveyance as defined in Section 15010.5(2) of the California Corporations Code Executed in the Partnership name , and may otherwise bind the Partnership by negotiating, executing contracts, agreements, certificates, escrow instructions, ground leases, leases, partnership agreements, joint venture agreements, letters, notes, negotiable instruments, assignments, conveyances, grant deeds, quitclaim deeds, warranty deeds, pledges, deeds of trust, mortgages, security interests, easements, licenses, covenants, instruments and documents of every kind of nature and any amendments, modifications, supplements, restatements, terminations or extensions of same. 6. The real property owned by the partnership is lots 1, 2, 6, 7, 8, 9, 10, 11, and 12 of Tract 9030, City of San Juan Capistrano, County of Orange, State of California. 0 0 WHEREFORE, the undersigned hereby executes this STATEMENT OF GENEIjAL PARTNERSHIP this / L day of August, ��; r^. 1988 at ;� . tLid , u��� , California. - WANDA L. LOFTIS ` VERIFICATION STATE OF CALIFORNIA ) as COUNTY OF PLACER ) The undersigned, bring duly sworn, deposes and says that he(she) is a partner in the general partnership named in the foregoing Statement of Partnership, and that he(she) has read the foregoing Statement of Partnership, knows the contents thereof and the same is true of his(her) own knowledge. The undersigned declares under penalty of perjury that the foregoing is true and correct. WANDA L. LOFTIS 7 ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) as COUNTY OF PLACER ) On this 115? -"l day of /-int .�, 1988, before me. a Notary Public in and for said State, personally appeared WANDA L. LOFTIS, GCSLtp�pe (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. WITNESS my hand and official seal. 't.-; blic a Nota y Pu `}'+Z.s'�, idY COMt1. E,.� i�:EJ 1:;..120,1432 NCU-10-1993 11:12 FROM CUANTUM MORTGRGE GR S N.Y TO 4936415 P.10 • • WHEREFORE, the undersigned hereby executes this STATEMENT OF GENERAL PARTNERSHIP this _22_ day of August, 1988 at Lc)<"{ - VERIFICATION STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) California. The undersigned, bring duly sworn, deposes and says that he(she) is a partner in the general partnership named in the foregoing Statement of Partnership, and that he(she) has read the foregoing Statement of Partnership, knows the contents thereof and the same is true of his(her) own knowledge. The undersigned declares under penalty of perjury that the foregoing is true and correct. ACKNOWLEDGMENT STATE OF CALIFORNIA ss COUNTY OF ORANGE On this day of AL49-2 1 1988, before me. a Notary Public in and for said State, personally appeared MARCIA LOFTIS, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. WITNESS my hand and offic OFFICIAL SEAL HOWARD D.SHAFFER ��.' Notary f'ubIIC-Calilomia LOS ANGELES COUNTY My CCmm. Exp. Dec. 13. 1991 NOV-10-1993 11:13 FROM QUANTUM MORTGAGE 3R S N.Y TO 4936415 R.11 WHEREFORE, the undersigned hereby executes this !~ STATEMENT OF GENERAL PARTNERSHIP this 22nd__ day of August, VERIFICATION STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) California. The undersigned, bring duly sworn, deposes and says that he is a partner in the general partnership named in the foregoing Statement of Partnership, and that he has read the foregoing Statement of Partnership, knows the contents thereof an the same is true of his own knowledge. The undersigned deo es under penalty of perjury that the foregpxrRfe is truaid cor ct. ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) On this 22nd day of August , 1988, before me. a Notary Public in and for said State, personally appeared ERVIN L. WATKINS personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. WITNESS my hand and official seal. Notaty Public 0 E WHEREFORE, the undersigned hereby executes this STATEMENT OF GENERAL PARTNERSHIP this 22nd day of August, 1988 at Laguna Beach , California. i VERA K. WATKINS VERIFICATION STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) The undersigned, bring duly sworn, deposes and says that he(she) is a partner in the general partnership named in the foregoing Statement of Partnership, and that he(she) has read the foregoing Statement of Partnership, knows the contents thereof and the same is true of his(her) own knowledge. The undersigned declares under penalty of perjury that the foregoing is true and correct. J AT v7 x. wATKz l ACKNOWLEDGMENT STATE OF CALIFORNIA ) } ss COUNTY OF ORANGE ) On this _Und day of _August , 1988, before me. a Notary Public in and for said State, personally appeared VERA K. WATKINS personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. WITNESS my hand and official seal. Nota Public TOTAL P.12 0 0 WHEREFORE, the undersigned hereby executes this STATEMENT OF GENERAL PARTNERSHIP this day of August, 1988 at WARREN L. WATKINS VERIFICATION STATE OF CALIFORNIA ) ) ss COUNTY OF SONOMA ) California. The undersigned, bring duly sworn, deposes and says that he(she) is a partner in the general partnership named in the foregoing Statement of Partnership, and that he(she) has read the foregoing Statement of Partnership, knows the contents thereof and the same is true of his(her) own knowledge. The undersigned declares under penalty of perjury that the foregoing is true and correct. ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF SONOMA ) ss On this l%_ saday id of 1988, before me. a Notary d St Public in anfor a , personally appeared WARREN L. WATKINS personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. WITNESS my hand and official seal. MARIE A. Me BRIDE Noty Publlc ' rgrulr ar SONOMA COUNTY MY COMM. EXP. COUNTY 18 1991rVOUCaww�U -------------------------------------------------------------------------------------------------------- • NOV-10-1993 11:10 FROM WRNTUM MORTGRGE GR 5 N.Y TO • 4936415 P.04 WHEREFORE, the undersigned hereby executes this STATEMENT 1988 at GENERAL PARTNERSHIP this -J-3day of August, % / W z&o MARILYN It.JWATKINS VERIFICATION STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) California. The undersigned, bring duly sworn, deposes and says that he(she) is a partner in the general partnership named in the foregoing Statement of Partnership, and that he(she) has read the foregoing Statement of Partnership, knows the contents thereof and the same is true of his(her) own knowledge. The undersigned declares under penalty of perjury that the foregoing is true and correct. t MARILYN H. WA NS ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) On this _Z1 day of, 1988, before me. a Notary Public in and for said Stat , personally appeared MARILYN H. WATKINS personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. WITNESS my hand and official seal. Osf1CIAL MAL MARIE A. MCBRIDE Nor-ary Public NOTARY/UBIIOGCAUVOP" SONWA COUNTY MY COMM. EXP. OCT. 16 1991 0 -------------------------------------------------------------------------------------------------------- NOU-10-1993 11:10 FROM QUANTUM MORTGAGE GR S N.Y TO 4936415 P.05 WHEREFORE, the undersigned hereby executes this r STATEMENT OF GENERAL PARTNERSHIP this `�_ day of August, r •. VERIFICATION STATE OF CALIFORNIA ) ss COUNTY OF J'185na ) California. The undersigned, bring duly sworn, deposes and says that he(she) is a partner in the general partnership named in the foregoing Statement of Partnership, and that he(she) has read the foregoing Statement of Partnership, knows the contents thereof and the same is true of his(her) own knowledge. The undersigned declares under penalty of perjury that to foregoing is true and correct ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss COUNTY OFCj ) on this I&Nl_ day of1988, before me. a Notary Public in and for said State, ersonally appeared NOLAN M. DOSS, JR. personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. WITNESS my hand and official seal. JOANNE Q -003S � NOTPRINCIPAL RY IOFFIICE IN NIA Not FRESNO COUNTY y Public My G.mff'r=en Ewes Mar. 30.1990 NOU-10-1993 11:11 FROM QUANTUM MORTGAGE GR S N.Y TO 4936415 P.06 WHEREFORE, the undersigned hereby executes this STATEMENT OF GENERAL PARTNERSHIP, this 114e _ -day of August, 1988 at dy 'S , California. VERIFICATION STATE OF CALIFORNIA ) ss COUNTY OF YreSkna ) The undersigned, bring duly sworn, deposes and says that he(she) is a'partner in the general partnership named in the foregoing Statement of Partnership, and that he(she) has read the foregoing Statement of Partnership, knows the contents thereof and the same is true of his(her) own knowledge. The undersigned declares under penalty of perjury that the foregoing is true and correct. J DOSS ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss COUNTY OF t wt91rn- ) On this (8_4b-_ day of a4gyjgf, , 1988, before me. a Notary Public in and for said State, personally appeared JOYCE H. DOSS personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. WITNESS my hand and official seal. J-1.+ral.f?.2 D? jsb NOTARY f-Uc'.UGCAUFORNIA PRINCIPAL OFFICE IN �..:+ Fi2ESN0 COUNTY My Ccremistion Ex01res Ffac 30. 1990 No ry Public NOV-10-1990 11:12 FROM � NTIJM MORTGAGE GP S N.Y TO • 4936415 P.09 WHEREFORE, the undersigned hereby executes this STATEMENT OF GENERAL PARTNERSHIP this Z3 I!g- day of August, VERIFICATION STATE OF CALIFORNIA 7 ss COUNTY OF ORANGE 1 California. 1��- The undersigned, k% duly sworn, deposes and says that he is a partner in the general partnership named in the foregoing Statement of Partnership, and that he has read the foregoing Statement of Partnership, knows the contents thereof and the same is true of his own knowledge. The undersigned declares under penalty of perjury that the foregoing is true and correct. �6 'LNIE`R�& RISTIANSEN ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) On this A3 _ day of ILL44t�+�, 1988, before me. a Notary Public in and for said State, personally appeared ELMER L. CHRISTIANSEN personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. WITNESS my hand and official seal. OMCLAL KFAI MAIM L STORTI NOTury weuc • CAUPOMA j - OROWCOUNry Mr C9 l.Pw" V ri f 3.1999 Notary Public WHEREFORE, GR S N.Y TO - " • 4936415 P.08 the undersigned hereby executes this STATEMENT OF GENERAL PARTNERSHIP this 1988 at Z - (�... /'?, ' _- :•4 day of August, PATRICIA D. CHRISTIANSEN VERIFICATION STATE OF CALIFORNIA California. COUNTY OF ORANGE ) as The undersigned, 6 �;^� he(she) is a �ulY sworn, deposes and says that foregoing Statementof Pa erthe general partnership named in the Prtnerssip, and tha, knowst he(she) has read the foregoing Statement of ontents and the same is true of his(her)y oown knowledge.thec The undersigned thereof correct. declares under Penalty perjury that the foregoing is true and PaixlcZA D. CFfRISTIANSEN ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF ORANGE as On this �3 day of Public in and for said Stat T, 1988, before me. a Notary CHRISTIANSEN Personally, personally appeared PATRICIA D. Of satisfactory evidence) e) to be to me (the roved to whoserson on the basis subscribed to the within instrument, and ackn wledged to me that he executed the same. WITNESS my hand and official seal. FFICJAL SEAL DIANA L STORP wrutr ouBuo • cNsonnu �i °q�NCHCO""^ NOLary Public 6 6 November 19, 1993 Ervin L. Watkins has authorization to receive Certificate of Deposit No.00974-03192, drawn from Bank of America, in the amount of $99,000.00 upon posting a replacement bond in the amount of $25,000.00 with the City of San Juan Capistrano. MEMORANDUM November 4, 1993 TO: Dawn Schanderl, Deputy City Clerk FROM: Daniel W. McFarland, Building & Safety Manager a) w!'/ Department of Engineering and Building [# SUBJECT: Bond Reduction for Verde San Juan Estates This memo serves as authorization to reduce the referenced bond the amount of $99,000.00 to $25,000.00 for grading at Verde San Juan Estates. The work covered by this bond has been nearly completed and the reduced bond will serve to cover the work remaining. The $99,000.00 Bank of America Certificate of Deposit #00974-03192 will be surrendered upon posting of a $25,000.00 replacement Certificate of Deposit. DM/st cc: Building File EXHIBIT "0" STATUTORY PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that Verde San Juan Estates D.,fnorc , as Principal, hereinafter called CONTRACTOR, and Bank of America , as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of Ninety-nine thousand Dollars ($ 99,000 ) for payment whereof Contractor and Surety bind them- selves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor is required to provide a faithful per- formance bond pursuant to the statutory requirements of the San Juan Capistrano Municipal Code to guarantee certain work, more particularly described as follows: Remedial corrective grading NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said statutory obligation, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED, that: 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, I .r • incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. r 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of statutory obligation, or of the work to be performed thereunder, shall in any way affect its ebligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications, or of the work to be performed thereunder. Executed this 28 f" day of , 19 `I3 at �p 7"l C° -ca K p , Cali ornia. AP D AS TO FORM. K1,16C, 1, V �, - is and K. Denhalter `(/ City Attorney Page 2 - STATUTORY PERFORMANCE BOND PRINCIPAL X By Title <NC� (NOTARIZATION AND SEAL) SURETY BY 410 Title (NOTARIZATION AND SEAL) State of� -1'-e/�j County of _� LLs Ong�� DATE personally appeared ACKNOWLEDGMENT []personally known to me - OR - to 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 ac- knowledged to me that he/she/they executed the same in his/her/their authorized WANDA A. MITCH" tt capacity(ies), and that by his/her/their WrpfN7M. p > g signature(s) on the instrument the person(s), my comminion M:gust 38. 1985 the entity upon behalf of which the person(s) acted, executed the instrument. my hand and offices seal. No. 5193 OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. E] INDIVIDUAL CORPORATE OFFICER(S) ,,��,,,,........//// TITLE(S) PARTNER(S) LIMITED �P GENERAL 0 ATTORNEY-IN-FACT ❑ TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNATURE OF NOTARY I OPTIONAL SECTIO�Ny��� THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT_AaZ2 k4--tc ^ THE DOCUMENT DESCRIBED AT RIGHT: - '�/ SDOCUMENT c p NUMBER OF PAGEDATE OF DOCUMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE 01992 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 -Canoga Park, CA 91309-7184 A 4� EXHIBIT "0" STATUTORY PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that Verde San oa�ar� as Principal, hereinafter called CONTRACTOR, and Rank of America as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of Ninety-nine thousand Dollars ($ 99,000 ) for payment whereof Contractor and Surety bind them- selves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor is required to provide a faithful per- formance bond pursuant to the statutory requirements of the San Juan Capistrano Municipal Code to guarantee certain work, more particularl} described as follows: Remedial corrective grading 0 Now, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said statutory obligation, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED, that: 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, 7 i incurred by City in successfully enforcing such obligation, all to be taxed as oosts and included in any judgment rendered. i 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of statutory obligation, or of the work to be performed thereunder, shall in any way affect its cbligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications, or of the work to be performed thereunder. Executed this //day of A�,�/L , LI!::7_, at California. PRINC AP D AS TO FORM. "" W""" %-1Title ! , K111k L L is and K. Denhalter �� q City Attorney 1 3 (NOTARIZATION AND SEAL) Page 2.— STATUTORY PERFORMANCE BOND SURETY By .i/I Title (NOTARIZATION AND SEAL) STATE OF CALIF9F,INJBp j ` < COUNTY OF iC�lf�/F9�� } S.S. z w s J On . before me, a Nota ndt I t ., personally appeared `o v personally known to me (or 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 acknowledged to me that helshe/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 an yEfieie seal Sign r F 2492 (5-91) a FOR NOTARY SEAL OR STAMP OFFICIAL SEAL LAURA LOVELAND NOTARY PUBLIC-CALIFORNIF ORANGE COUNTY My COMM. Expires May 16, 1994 0 TO: Cheryl Johnson, City Clerk 0 FROM: Dawn M. Schanderl, Deputy City Clerk CZ DATE: November 10, 1993 SUBJECT: Time Deposit Receipt (Verde San Juan Estates) On November 10, 1993, our office received Time Deposit Receipt No. 07297-1437, drawn on Bank of America, in the amount of $25,000.00. This Time Deposit serves as a replacement bond the City will hold until the remaining work requirements at Verde San Juan Estates have been completed. Please put the attached bond purchased in the name of Loftis, Christiansen, Watkins -Watkins & Doss in the safety deposit box. Thank you for your help. cc: Daniel W. McFarland, Building & Safety Manager 9 / � F 5. f 1 0 @ _0 0 CD. � @ 0 CD MEMORANDUM TO: Cheryl Johnson, City Clerk FROM: Dawn M. Schanderl, Deputy City ClerkijY(,� DATE: May 4, 1993 SUBJECT: Certificate of Deposit to Safety Deposit (Christiansen/Watkins - Verde San Juan Esta es On May 4, 1993, 1 received a memo from Daniel McFarland, Building and Safety Manager, to put the following Certificate of Deposit into the safety deposit box: Certificate of Deposit No. 00974-03192 drawn from the Bank of America, in the amount of $99,000.00 and held as surety for grading, landscaping and on- site improvements and property restoration for property located on Hilltop Way, and known as Lots 1,2,9,10,11 and 12 of Tract 9030 and referred to as Verde San Juan Estates (Christiansen/Watkins). cc: Daniel McFarland, Building & Safety Managers DW V E a 0 c m A n 01 0 O 2 U LU rN in ago CD co Q m J W W 2 Q Z U Q D m a W m a 0 c t E • MEMORANDUM April 29. 1993 TO: Dawn Schanderl, Deputy City Clerk FROM: Daniel W. McFarland, Building & Safety Manager Department of Engineering and Building SUBJECT: Grading Bond for Verde San Juan Estates Attached is the original surety agreement, statutory performance bond, and certificate of deposit /0097 with the Bank of America in the amount of $99,000.00 for grading operations at Verde San Juan Estates. DM/st Attachments cc: Building File