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1977-0706_INTER- VERDE CORPORATION_Subdivision AgreementRecgrded at the reques t , „ane TPturn to 'ci-74 of San Juan Capistrano City Clerk's Office 32400 Paseo Adelanto + Sah Juan Capistrano, CA 92675 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA 5 Pani I 1 P N;JUL 14 1977 J. ME CARLYLE, Cmp ty Recorder 9K 12289PG 1858 RECORDING FEES EPPT DUE TO GOVERNMENT CODE ECTION 6103 MARY ANN' ANOVER, City'Clerk San JuazY Capistrano, California 2073-9 EXEMPT C12 SUBDIVISION AGREEMENT Tract No.�y 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 CAPISTRANO, a Municipal Corporation, hereinafter called the "City" and INTER -VERDE CORPORATION whose mailing address is 1401 Dove Street, Newport Beach, CA 92660 hereinafter called the "Subdivider". WITNESSETH: THAT, WHEREAS, Subdivider has filed with the Planning Commission of the City, a tentative map for a proposed subdivision, known as Tract No. 9064 , 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 map until a time subsequent to the acceptance and recordation of the final map of said subdivision, by entering into an agreement and providing the improvement security required to assure the furnishing and instal- lation of said improvements within the time herein provided. NOW, THEREFORE, in consideration of the premises and the approval of the final map of said subdivision and the postponement of the time to install such improvements, and to satisfv the said condition of the approval of the said tentative map, the Subdivider hereby under- takes, promises and agrees as follows: 1. Subdivider will, at his (its) own cost and expense, improve said tract 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 Director of Public Works and specified by the Specifications of the City of San Juan Capistrano, which plans and specifications are on file in the office of the Director of Public Works and incorporated herein by reference, including but not limited to, all grading work, paving of all streets, alleys and public seivice easements, construction of concrete curbs, gutters, cross - gutters and sidewalks, installation of storm drainage and sanitary sewerage facilities, installation of underground 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 appurtenances, contingencies and the furnishing of all engineering costs and services to do and complete said work, and to do and complete all other acts and obligations required by the City as condition of the approval of the tentative subdivision. 2. Subdivider will, at his (its) own cost and expense, provide and install all on-site and off-site water mains and appurtenances and will provide all labor and material to connect the same to existing mains and facilities of the Orange County Waterworks District #4, 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 reference. 3. Subdivider will reimburse the City for any engineering costs (including plan checking, inspection, testing, materials furnished, overhead and other incidental expenses) incurred by the City i.n the processing of the Tract and in the installation of the improvements hereinabove provided. In ascertaining the amount of such costs in- curred by the City, the cost report of the City Finance Director shall be prima facie evidence of the true cost of the engineering services so performed by the City. • Tract No. 906 Y BN 12289PE 1859 4. It is agreed by and between the parties hereto that the total estimated cost of said work and improvements is $ 5. Subdivider shall furnish two good and sufficient bonds in accordance with the provisions of Chapter 5 of Division 2 of Title 7 of 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 work and improvement, conditioned upon the faithful per- formance of this agreement, and (b) an additional amount equal to the total estimated cost of the said work and improvement securing payment to the contractor, his subcontractors, and to persons renting equip- ment or.furnishing labor or materials to them for the improvements. 6. The Director of Public Works of the City of San Juan Capistrano may make such changes, alterations or additions to the plans and speci- fications for said work and improvement which do not exceed ten percent (10%) of the total esti.iated cost set forth in Item 4 above, as may be determined necessary and desirable by him for the proper completion of said work 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 o= 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 and improvement 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 here- under shall be kept in full force and effect until said work and im- provements shall be deemed complete, approved and accepted as completed by said City Council unless the same are reduced. 9. Subdivider agrees that City may, without any notice, and at its sole option, at any time after the said time for completion has passed, complete, or cause to be completed, all or any part of the said work, and Subdivider shall pay to said City, upon demand, all of the cost of any of said work done by the City, its agents and con- tractors, or any of them, to complete all or any part of said work. 10. Subdivider agrees to pay City such sum as the Court may adjudge as reasonable for the legal services of any attorney representing the City in any action brought to enforce or interpret the obligations of 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. 11. City, its officers and employees, except for their own acts, shall not be liable or responsible for any accident, loss or damage happening or occurring to the improvements specified in this agreement prior to the completion and acceptance of said improvements by the City. 12. At all times from the acceptance by the City Council of the dedications offered on the final map of said tract to the completion and acceptance of the improvements described herein, Subdivider 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. 13. Subdivider 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 the Subdivider, his contractor, subcontractors, agents or employees in the performance of this agreement. • BK 12289P61860 Tract No. Lo.6,y r Executed at San Juan Capistrano, California this 6th day of July lg 77 ATTEST: San Juan pistra City Clerk APPROVED AND RECOMMENDED FOR EXECUTION: Director of li orks "D to"' Z" Manag4r of Orange County Waterworks, District#4 NOTE: Improvement Bond and Material to this Agreement. SUBDIVIDER* -42 By � S o..,. (Sign ture) Office Held) CITY OF SAN JUAN CAPISTRANO r;;ON O. HEC CSCHER, MAYOR AP ROVED AS OF�QR�M City Attorney Labor Bond must be attached * Partnerships, joint ventures, and other corporate entities should contact the San Juan Capistrano City Attorney for acceptable form of execution. STATE OF CALIFORNIA, couNTv of Orange $$' ON __ _, June 21 lg 77 before me, the undersigned, a Notary Public in and for the said State, personally appeared Allan S. Landsman_ known to me to be the p OFnC LSUL President, aAtG_c _ known to me F RUTH F_.MARQUARO to be the_ _Secretary of— Inter—Verde Corporation N01' v.'1 ✓�5'IC-CALIFORNIA _ c,•, oFFNc the Corporation that executed the within Instrument, known to me to be the persons who 3' as Ivja�_ c1, 19 executed the within Instrument, on behalf of the Corporation herein named, and acknowledged ;; �0;; E"�w t 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. May 3, 1978 AGENDA ITEM . TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Release of Bonds on Tract 9064 SITUATION The developer of the subject tract has requested that the City accept the public improvements and release the bonds. The public improvements have been completed and accepted by the City Ins- pector. The Notice of Completion has been recorded. The monu- mentation is completed and the engineer has been paid for services rendered. The bonds for this tract are: Bond No. SUR 24025 SUR 24025 SUR 24027 FINANCIAL CONSIDERATION Bond Amount Bonding Company $12,000 Mission Insurance Company $12,000 Mission Insurance Company $ 500 Mission Insurance Company There is no cost or compensation to the City for this action. ALTERNATE ACTIONS 1. Accept the public improvements resulting from Tract No. 9064, require an extension of the Faithful Performance Bond to May 3, 1979, and exonerate the Labor and Material Bond and the Monumentation Bond. 2. Do not accept the public improvements resulting from Tract No. 9064, and do not release the bonds. 3. Request further study by Staff. RECOMMENDATION By motion, accept the public improvements resulting from Tract No. 9064, require an extension of the Faithful Performance Bond to May 3, 1979, and exonerate the Labor and Material Bond and the Monumentation Bond. Authorize Staff to release Faithful Performance Bond at the end of one year. IRes ect ally su• mitted, W. D. Mup iiv _ Wll1i: tm Enc.. rr' ( ^f q t i �J may•( ' pi CONTRACT (BOND-CALII'ORNIA FAITHFUL PERFORMANCE -PUBLIC WORK Bond No. SUR 24027 Initial premium charged for this bond is S2 .0o subject to adjusimeut upon comp etion of contract at applicable rate on final contract price. KNOW ALL MEN BY THESE PRESENTS, That Inter -Verde Corporation of Newport Beach, California , as Principal, and the MISSION INSURANCE COMPANY , a corporation organized and existing under the laws 'of California and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto City of San Juan Capistrano in the sum of. Five Hundred and No/100 ---------------------- - - - - -- - - - - dollars S 500 -- }, for the pay-menL where- of, well and truly to be made, said Principal and Surety bind them- selves, their heirs, administrators, successorF- 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 June 20 197 7, with the . C i ty of San Juan ap iTTrEno, Cal i fornia to do and perform the following work, o wit; Subdivision Monuments in Tract �O 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 20th day of' June 1977 INTER -VERDE CORPORATION Pri. cipal _ by MISS.4N INSURANCE COMPANY by ,/ anne E. Aouse, orne-y- i n -Tac "-- I(�+1 r:rtionl J.AfEol-("1.11ORNIA (JUN I) OI' Orange ol, June 20, 1977 3re1e, personally appeared know❑ to me to be the known Io n,, to be o. the corponaiin kiunIll to me to br I ru nx•nl on hch:dl .Ir knowl,dg,d to rur „+ thin in,n'nlncni pn u .hoard of direclol,. SS. Ba.c� TITEE INSURANCE VANDTRUST A lloi. COMPANY _before 'Ile, the undersigned, a Notary Public in and for said Allan S, Landsman_ President. and -Secretary that executed the within Instrument, (tic persons who executed the within of the corporation (herein ratified, and Ihm tich eur'poratiou executed the suunt to if, by -lawn or a resolution of NN I I NFS.S ,,, hnnd .Ind cNiiu: I 'CA. >I .Ilabuc STATE OF CALIFORNIA, S6. County of .....A.BANG.EDBAKE .................................... On this .....20th ................day of ....June........................... 1977..., before me, I t'h is urcu Cur mbcml nubnul Horn E. B. Oncea a Notary Public in and for said County and State, residing therein duly commissioned and sworn, personally appeared ............................................... Joanne E. House .................................................................................................................................................................................................................. I ........................ known to me to be the duly authorized Attorney -in -Fact of MISSION INSURANCE COMPANY, and the Mme person whose name is subscribed to the within instrument and he (she) acknowledged to me that he (she) subscribed his (her) own name as the Attorney -fn -Fact for and on behalf of MISSION INSURANCE COMPANY. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the day and year in ••o•••o•o••eoon o"'Ail teArMate first above written. E C NOV,` ..........................................G ..... .........C:e;G`............................................... ` $fIR 44'!3'"" Iss i -n Notary Public in andfor............... E r.: .'. L31 Orange ..................... County, State of California .................... OFFICIAL SEALLAURA ROSKELLY 0"r NOMA Y` PUCLIC — CA.Ir ORNIA PRINCIPAL OFFICE IN My Commission ORA14GE COUNTY Expires January 27, 1981 I t'h is urcu Cur mbcml nubnul Horn E. B. Oncea a Notary Public in and for said County and State, residing therein duly commissioned and sworn, personally appeared ............................................... Joanne E. House .................................................................................................................................................................................................................. I ........................ known to me to be the duly authorized Attorney -in -Fact of MISSION INSURANCE COMPANY, and the Mme person whose name is subscribed to the within instrument and he (she) acknowledged to me that he (she) subscribed his (her) own name as the Attorney -fn -Fact for and on behalf of MISSION INSURANCE COMPANY. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the day and year in ••o•••o•o••eoon o"'Ail teArMate first above written. E C NOV,` ..........................................G ..... .........C:e;G`............................................... ` $fIR 44'!3'"" Iss i -n Notary Public in andfor............... E r.: .'. L31 Orange ..................... County, State of California .................... • •bc.,,., SUR 24025 Tract No. __5U64__ or Project Premium Included BOND FOR IMPROVEMENTS (LABOR AND MATERIALS) W1IEREA.S, the City Council of the City of San Juan C'apistr.ano, County of Orange, State of California, and INTER -VERDE CORPORATION whose mailing address is 1401 Dove Street, ewpo e c a., hereinafter designated as T'rincipa , have entered] into an agreement whereby Principal agrees: to install and complete certain doa ;j gnatcd improvements, which said agreement dated June 20 , 1977 and identified as (Subdivision Agrecmcnt fur Tract Nom ) (Project ) is hereby referred to and made a part hereof; anal WHEREAS, Under the terms of said agreement, Principal is required before entering upon the: performance of the work, to file a good and sufficient payment bc,nd with the City of San Juan Capistrano to secure the claims tc which rc°ference is mado in 'i'it:ie 15 (commencinq with Section 3082) of Part 4 of Division 3 of the Civil Code of the Stato of California. NOW, THEREFORE, said Principal and the undersigned as corporate Surety, are held firmly bound unto the City of San Juan Capistrano, and all con- tractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the afore- said Code of Civil Procedure in the sum of Twelve Thousand and no/100 - - - - - Dollars ($ 12,000.00 J, for materials furnished or labor thereon of any kind, or for an— o lits due under the Unemployment Insurance Act with respect to such work or labor, that said Surety will, pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred. by City in successfully enforcing such obligation, to be awarded and fixed by the Court, and to be taxed as costs and to be included in the judgment therein rendered. - p. It is expressly stipulated and agreed that this bond shall inure to the benefit of.any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) Part 4 of Division 3 of the Civit Cede, so as to give a right. of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the said agreement or the specifi- cations accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on June 20 , 19 77 . PRINCIPAL SURETY INTER -VERDE CORPO By •By Addre_.:; of Subdivider: By MISSION INSURANCE COMPANY Surety Name) ;nrcornuy-in-r ac Joanne E. House t <�_? I$/ _ 1401 DOVE ST., SUITE 650 26 NOTE: AcknolvrdgeMoll t._, of exocution by }'rincipa's ;ung Surety must be attached. Bond nn:r;t bo attached to Subdivision Agreement. App. 7 .t, STATE OF CALIFORNIA, Countyof...........Or....a....nge....................................... 20th.............day of...... JU!1E.............. 197.7.... before me.............E..B. Oneea On this ................. .................. a Notary Public in and for said County and State, residing therein duly commissioned and sworn, personally appeared ............................................... Joanne E.House ........................................................................................................................................................................................................................................... known to me to be the duly authorized Attorney -in -Fact of MISSION INSURANCE COMPANY, and the same person whose name is subscribed to the within instrument and he (she) acknowledged to me that he (she) e , s : c . c : c a ?'t < °'- - - ' ° 36114cribed his (her) own name as the Attomey-in-Fact for and on behalf of MISSION INSURANCE COMPANY. . o IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in thisrCertificate first above written. f. NOT R s My Commission E,pira ma_i 15, '-)8l e ......................................... C....:.....tf6l••.'.......t�;•..r.:=cR�c7;.... .......... .......................... O ran a SUR 240 Notary Public in and for .........................�........................ County, State of California I r , upol :d ion 1 Yf.A FF. OF CAI IFORNIA COU NIV' OF -Orange_ _ __-_ _-� JS. 'In 0n TITLE INSURANCE ANDTRUST A ncuR COMPANY On. -.Tune r 1_ / I _ _ _before me, the undersigned, a Notary Public in and for said State, per appeared Allan $ Landsman_- _. _.- - __ _ _. - _ - -...I known to me to be the President, and _ _Iwao Koi ZURIl _ known Io 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 acknowledged to me that such corporation executed the LAURA ROJKELLY within instrument pursuant to its by-laws or a resolution of q CAurUnNIA yP'JOLIC Its board Of directors. PR\NGFAL G.rICE IN WITNESS my haled and official seal. � ORANGE ctK1NTv My Commission Expifes lanua� fY� 781 1 signature 091& - (This urea tot ahei.1 P,wn,I Beall When Recorded 'tet,.. • First American Title Insurance0ompany 114 East 5th Street Santa Ana, California r('LAl7J,TTnN nF D' FcTnr('mIn*jc T.'I7�?.A �7?'P,(7T•' - .ciAT' �ir-�"7 Tlr)AT c7m7c T1?r rlynrVFI,T. ?l, he.inR the sole owner of t',ai certain real. property si.tua.tel in the City OF San .yuan cZpistrano, r'ountN- OF Orange, State of (7a.liFornia, (lnsrrihPrl as Follows - 7Ots 1 throug'a 6 Of ".'rac} r'o. ()ora, as shown on a "ap recorded In book pnr(e of A17.sCe I_laneClls Maas, recOrr�s of nrancle County, Oali`_ornia. hereby covenants, agrees and declares that all or sairl lots and property are and will he held, sold and conveved suhiect to the following covenants, conditions and restrictions, which are hereh%, declared to he for the bPneFi.t of the whole tract and all, of t'le property described herein, and the O-ners thereof, their successors and assigns. Said restrictions establish and impose a general plan for the improvement and development of said tract- ani all of the property dpscri.hed herein and the =dontion and establishment of covenants and restrictions upon sai_r' lane? and each and every lot and portion thereof and upon the use, Occupancy and on1ov. rt thereof. rvery conveyance of any of said lot or Jots or property or portion thereof in said tract of land shall he and is suh-ject to the said convenants, conditions and restric-tions, as follows: (1) 'he words "tract" ana "subdivision" as userq herein shall include all of the land eescri_hed. herein. (2) All lots in the tract shall he known and dPscrivPr• as residential lots and shall he used for no other purposes. (3) "o huilding shall he locatOd nearer than 20 FPPt to the front let line or nearer. than F feet of any side lot Line. (4) No residential strlctnre shall. he. Precterl or nlncer' on any lot that has a width of less than 60 Feet at the front hui1d- inq setback line, measured along a chore that is parallel to a chord hetween the two front corners of said lot. (5) No noxious or offensive trade or activity shall be carried on upon any lot nor shall anvthing he clone thereon which may be or become an annoyance or nuisance to the neighborhood. (6) No trailer, basement, tent, shack, garage, barn, or other outbuilding erected in tap tract shah. at any time be used as a residence temporarily or permanently, nor shall any structure of a temporary character he used as a resicence. (7) No dwelling shall he erected on any lot in the tract unless it has at least 1.360 souare Feet of actual living space. exclurl- inq porches, steps, and garages. (8) No fence or hedgp exceeding 3.5 feet in heicrht shall he erected or permitted between street and front sethack line. (9) There shall. he no poultry, rahhits, cows, sheep, hogs or any other stock or ani_na.ls r.aiserl. in said tract. except that the owners of lots may have orr?inary household nets. No such nets shall he raised or kept for business Or commercial uqe, but only as pets in the ordinary and usual_-lanrer. (1r) "'elevi_sion antenna or television' antennas shall not project onto or above Any eYt�ri r�- �•?e,,-atier. or a,nv tructure, unless 1s no t(?Ievis3nn Cati`P - -h� on r',n r.. ice ay•' lal,lp. sho" <re3cted, pldcr-rl or altered on 1,;:1S, 9pR cl f i c< tion s, and, of showiml i -h,. I_, ca =, -_c,: of -,L -`i have been approved in 1,1:_'ting as to confc.-rm:Lty :Ind hrirr.c.nv of external design with exist-- i,io tructu1 s on .aid land ant-' ar: to location the huil.9inq with respect to topogrrohy anc' finislied ground elevation, by Inter -Verde Corporacion, a California Corporation or by a designated represent- ative. In the event said. corporation or its designated representa- tive fails to approve or disapprove such design and location within 30 days after plans and specifications have been submitted to it or, in any event, if not suit to enjoin the erection such building or the making of such alterations has been commenced prior to the com- pletion thereof, such approval will not be reauired and this covenant shall be deemed to have heen complied. with. Neither the rorporation nor the designated representative, shall be entitled to any compensa- tion for services performed pursuant to this covenant. When at least five of the six Lots of this suhdivision have been sold by declarant, and within one year aft.e.r that occurance, the authority to enforce tiis provision shall he transferred to the then owners of the lots of Tract 906,1, if so reau,sted..in writing to the corporation named above. The reguest nay bo mai.lec or delivered to the office of Inter -Verde. Corporation, chose address is 1401 hove Street, Suite 650, i4,::wport Beach, California 92660. (12) No derrick or other structure designated for use in boring, mining or nuarryirci for water, oil or natural gas or precious minerals shall ever he erected, maintained or permitted upon any Lot in said tract. These covenants are to run with the land and shall he binding on all parties and all persons claiming under them for a period of twenty years from the elate of Recording of this Declaration, at which time said covenants shall he automatically extended for successive periods OF five years unless by vote of a ^Iolority of the then owners of the I oth it is agreed to change said covenants in whole or in part. If the nart.ies hereto, or any of them, or their heirs or assigns shall violate or attempt to violate any of the covenants herein, it shall 1�e lrealful for any other person or persons owning any real property situated in said development or suhdivision to prosecute any proceed- inaS at law or in equity against the person or persons violating or attempting to violate any such covenant and either to prevent him or tried from so doing or to recover damages or other dues for such vio7ati.on. Invalidation of any one of these covenants by judgment or court order sla.T.? in no way of:r-ct anv of t'.e other provisions which shall remnir _.. �nll Forcc anti o'ct'et. A breach of any of the covenants, conditions or restrictions shall not defeat or render in.vlaid the lien of any mortgae or deed of trust made in good faith and for value on said lots or property or any por- tion thereof, but said covenants, conditions and restrictions shall. he b-nding upon an(,. effective against any owner of said Land whose title is acquired. by the Foreclosure of anv lien or mortga<ae thereon or sale- wider any domed of trust ni-ven to secure the payment of money. SATE OF CI.LIF0P_vI1 INTPP-«RD9 CORPORATION CGUNTY Or nFAN<�5{ I On ,1977 before me, a BY: � -S �� can, NotarYui:�� c in ..nd for said state, 111�an' S. Lanc?riMan,'nrc�s i.d ent o�rsonal'_y appe• re,d Allan R. Landsman C known to me t, the: the President and 'BY: Iwao Koizumi known to me to be the Iwle T'ci.zuml, . _Cr.t Secretary of the corporation that executed the within Instrument, known to me to be persons who executed the within Instrument on behalf of the corporation therein 1I.L111ed, am! acknowledged to me that such corporation ex- cuted'th® within instrument pursuant to its by-laws or a resol- ution of its !,card o,` directors. WITNESS my hand and official seal, Laura Roskelly /; V OFFICIAL SEAL g LAURA ROSKELLY NOTARY PUBLIC — CALIFORNIA �qA, PRINCIPAL OFFICE IN C ORANGE COUNTY My Commission Expires January 21, 1981 CITYWRK'S DEPARTMENT - ACTIOAMINDER TO: City Engineer (Marty Bryant, staff) FROM: City Clerk DATE: September 29, 1983 SITUATION: At their meeting of May 3, 1978, the City Council accepted the public improvements for Tract 9064. Faithful Performance Bond No. SUR 24025 was extended to May 3, 1979. ACTION REQUESTED: T No record can be found of the release of this last bond. Please advise of the status and if said bond has not been released, please advise if your Division will be releasing this bond in the near future. ACTION TO BE TAKEN: k. z 3a'tc n ) so�r4�� eo��ar-kaa ion c�a5 cahcQ(la� c(FFac � 'Mai 3, W) -Tc) DATE WHEN NEXT ACTIONS) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: a''Cn-3-�� ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** File No. 38 - #171 (9064) •,3$400 PASEO ADEL.ANTO 1 SAN JUAN CAPISTRANO. CALIFORNIA 9ZG75 t � 1 'pHONE 493.1171 May 12, 1978 Inter -Verde Corporation 1401 Dove Street Newport Beach, California 92660 Re: Release of Bonds - Tract 9064 Gentlemen: At their meeting of May 3,_ 1978, the City Council accepted the public improvements for Tract 9064, extended Faithful Performance Bond No. SUR 24025, in the amount of $12,000, to May 3, 1979, and released Labor and Material Bond No, SUR 24025 in the amount of $12,000 and Monumentation Bond No, SUR 24027 in the amount of $500. Copies of the two released bonds are enclosed.. Thank you for your cooperation, Very truly yours, (MRS) MARY,ANN HANOVER City Clerk MAH/cj Enclosures cc:. Mission Insurance Company P. O, Box 60004, Los Angeles Director of Public Works • Bond No. SUR 2402$ Tract NO. ..17064 or Project Premium: $IBQ.00 BOND FOR IMPROVEMENTS (FAITHFUL PERFORMANCE) WHEREAS, the City Council of the City of San Juan Capistrano, California, and INTER -VERDE CORPORATION mailing address is 1401 Dove Street, Newport Beach, Ca., hereinafter designated as Principal, have entered into an age Principal agrees to install and complete certain designated ijq which said agreement dated June 20 , 19 77 , as (Subdivision,Agreement for Tract Protect hereby referred to and made a part hereo ; s*lpte of r �#rhoae rits ' identi'f WHEREAS, Said Principal is required under the terms of said agreement, to furnish a bond for the faithful performance of said agreement,;;, NOW, THEREFORE, we, the Principal, and MISSION INSURANCE COMPANY , whose mailing address is ZISUI Wilshire Los Angeles, a. , as Surety, are held and firmlyound unto the City of San Juan Capistrano, hereinafter called City, in the penal sum of Twelve Thousand and no/100 - - - Dollars ($ 12,000. ) .lar►f� l.` money of the United States,-for—the payment of which sum,we and truly to be made, we bond ourselves, our heirs, successors, executory" administrators, jointly and severally, firmly by these presen °Y The condition of this obligation is such that if the above bo4u7d Principal, his or its heirs, executors, administrators, succea>*or '• assigns, shall in all things stand to and abide by, and well and,'tsuly keep and perform the covenants, conditions and provisions in t4e.salid �- agreement and any alteration thereof made as therein- provided, on his oi;'r. n . their part, to be kept and performed at the time and in the mase therelr0l, specified, and in all respects according to their true intent am4 sleaniaq,".'t; and shall indemnify and save harmless the City of San Juan Capistrano, its officers, agents and employees, as therein stipulated, then this, obligation ,sf? shall become null and void; otherwise it shall be and remain in gV11 force •''�- and effect..4,' As a part of the obligation secured hereby, and in addition to that tate � amount specified therefor, there shall be included costs and rel,A"nable , expenses and fees, including reasonable attorney's fees, incurrogl,,by City in successfully enforcing such obligation, all to be taxed as 4 and y, included in any judgment rendered.`"�,` ' .:44 The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder, or the specifications accompanying same, shall in any way affect its obligations on this bond, and it does hereby Waive any notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. F IN WITNESS WHEREOF, this instrument has been duly executed by the'p:'ii(jci.pal and surety above named, on June 20 , 1977 , PRINCIPAL SURrTY INTER -VERDE CORPORATIO MISSIO INSURANCE COMPANY urety Nate) By By 2 M Addiess of Subdivider - 1401 DOVE ST.. SIiI 1AFAL __ BCH, CA. 92660 • Np're: Acknowledgments of execution of Principals rind Surety must be attacked. Houd wu:;t he attached to Subiivj.,J.ou Agro -:wont. App. I, STATE OF California I1} Countyof ...... a. .................................... On this ... "1,Qth..................daY of.._,IUne.................. 19before me............ ... 1>1CQe ............................................ a Notary Public in and for said County and State, residing therein duly commissioned and sworn, personally appeared............................................... ...................................................... Joanne E. ..................................................................................................................................................... known to me to be the duly authorized Attorney -in -Fact of MISSION INSURANCE COMPANY, and the same person whose name is subscribed to the within instrument and he (she) acknowledged to me that he (she) subscribed his (her) own name as the Attorney -in -Fact for and on behalf of MISSION INSURANCE COMPANY. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seat the day and year in " 0**oeo It Vamce s, too.ypi4ihtiji first above written. C,i XI * r/ . C...� Mg Coiamissl,n Er it -1 - •..,J1 <- Ofdn C *' Notary Public in and for ..........................�............................ County, State of California SUR 57 G (IM) To 19a5 Ca la -0a, f Corporation ) � TITIE INSURANCE ANDTRUST STATE OF CAI.I BORN IA LwncnacOV.l ( COUN"TY OP.._ _�Y'aIICje_.. __._ —.. / SS. OCL .Tune 20, 1977 ..._before me, the undersigned, a Notary Public in and for said State, personally appeared_._. _Allan _S_ known to the to be the., _ __ . __ — _____._ _ ___ President, and_ _IWdO KOi Z_U7f11 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 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. Signature4`Zf/S.Tv. _� _} (Thin area for official notarial wall t lnb- (Thin area for official notarial wall SUR 24025 Tract No. or Project Premium: $180.00 BOND FOR IMPROVEMENTS (FAITHFUL PERI'ORMANCE) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and INTER -VERDE CORPORATION , whose mailing address is 1401 Dove Street, Newport Beach, Ca., 9 , hereinafter designated as Principal, have entered into an agreement whereby Principal agrees to .install and complete certain designated improvements, which said agreement dated June 20 , 19 77 , and identified as (Subdivision Agreement for Tract Project ) is hereby referred to and made a part Hereof; and WHEREAS, Said Principal is required under the terms of said agreement, to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the Principal, and MISSION INSURANCE COMPANY , whose mailing address is W6U1 Wilshire v ., Los Angeles, a. , as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called City, in the penal sum of Twelve Thousand and no/100 - - - Dollars ($ 12,000. ) lawfu l money of the United States, for the payment of which sum.well and truly to be made, we bond ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligatiop is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of San Juan Capistrano, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder, or the specifications accompanying same, shall in any way affect its obligations on this bond, and it does hereby waive any notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on June 20 , 1977 . PRINCIPAL INTER -VERDE CO 0 By t Address of Subdivider: 1M DOVE ST.. SUITE a"m _ NEWPORT BEACH,— CA• 93C&F 0 SURrTY MISS 1 INSURANCE COMPANY ( urety Namo) NOTE: Acknowledtjrnents of execution of Principals and Surk,ty nmst he attached. Rood uw:;t he attached to Sub.iivi:;iou Agro"mi:ut. App. t, l., B111A ,tl-]AI It orpornion) ti rA'1'H OF CALIFORN IA COUNTY ON� ._ _YdnQe S5. June 20 1977 'fir, TITLE AND TRUST INSURANCE ATICOH COMP/�NY On. -I _ _ _. - before me, the undersigned, a Notary Public in and for said State, personally appeared_ .. . Allan S. Landsman._ known to me to be the _. _ President, and _ _ Nap ., KOl ZU1n1 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 acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WI'rNESS my hand and ollicial seal Signa[uf�at..oaC/__N�.-- fJJ ('I h1., area for olticial notanal ac.0 STATE OF CALIFORNIA, e County of.........O...........9ran .................................... E. B. On this ......... 2 O............day of.....JMrl.e................ 197Z.., before me,............Oncea ............................................................................................. a Notary Public in and for said County and State, residing therein duly commissioned and sworn, personally ..............................................................................,loa1I.Re.... a....Hcys................................................................................................................... known to me to be the duly authorized Attorney-m+act of MISSION INSURANCE COMPANY, and the some person whom name is subscribed to the within instrument and he (she) acknowledged to me that he (she) c•eae••*o00•o♦+ aar>n;oa:fsbbMopdhis (her) own time asthe Attorney-in-Factfor and on behalf of MISSION INSURANCE COMPANY. • rt IAI IN WI OFF TNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the day and year in <' B 0� C, 4 this Certtocate first above written. 4 T c NOT NIA My Comm,ssmn Ex Iras May ` 6 � n Oran e SUR 241, - Notary Public in andfor ...................�................................, County, State of Cabfornia OFFICIAL SEAL LAURAROSKELLY 0VII, NQIAPr ,uaUt; __ aAtlr-attNIA PRINCIPAL UT11C9 IN ONANQL eauNTY My Commission Expires January 27, 1961 ('I h1., area for olticial notanal ac.0 STATE OF CALIFORNIA, e County of.........O...........9ran .................................... E. B. On this ......... 2 O............day of.....JMrl.e................ 197Z.., before me,............Oncea ............................................................................................. a Notary Public in and for said County and State, residing therein duly commissioned and sworn, personally ..............................................................................,loa1I.Re.... a....Hcys................................................................................................................... known to me to be the duly authorized Attorney-m+act of MISSION INSURANCE COMPANY, and the some person whom name is subscribed to the within instrument and he (she) acknowledged to me that he (she) c•eae••*o00•o♦+ aar>n;oa:fsbbMopdhis (her) own time asthe Attorney-in-Factfor and on behalf of MISSION INSURANCE COMPANY. • rt IAI IN WI OFF TNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the day and year in <' B 0� C, 4 this Certtocate first above written. 4 T c NOT NIA My Comm,ssmn Ex Iras May ` 6 � n Oran e SUR 241, - Notary Public in andfor ...................�................................, County, State of Cabfornia 0 Y ! •BondNo, SUR 24025 Trractact No, t or Project Premium: BOND FOR IMPROVEMENTS (FAITHFUL PERFORMANCE) WHEREAS, the City Council of the City of San Juan Capistrano, $1pts of California, and INTER -VERDE CORPORATION ybpae mailing address is 1401 Dove Street, Newport Beach, Ca„-92bbO.. 9 hereinafter designated as Principal, have entered into an agre&"nt w arefiiy'.•.. Principal agrees to install and complete certain designated iI Wr, ants, 1 which said agreement dated June 20 19 77 ,identi'f�. as (Subdivision. Agreement for Tract Proleet ) i; ' ,? hereby referred to and made a part hereof; and WHEREAS, Said Principal is required under the terms of said furnish a bond for the faithful performance of said Agreeme to NOW, THEREFORE, we, the Principal, and MISSION INSURANCE COMPANY e.' a, whose mailing address is .. Los Angeles, a. , as Surety, are held and firm y Fun a the City of San Juan Capistrano, hereinafter called City, in the penal sum of Twelve Thousand and no/100 - - - Dollars ($ 12,000. ) 'lawful money of the United States, for the payment of which sum,we and.truly to be made, we bond ourselves, our heirs, successors, executors;'- ,, administrators, jointly and severally, firmly by these presen The condition of this obligation is such that if the above bout Principal, his or its heirs, executors, administrators, succes6 or assigns, shall in all things stand to and abide by, and well an 4,ti keep and perform the covenants, conditions and provisions in tbq,.,,4aid agreement and any alteration thereof made as therein provided ,':Rap this OtF;`? their part, to be kept and performed at the time and in the manp4 iherobi-7 specified, and in all respects according to their true intent Fr, P . P 9 ", iacan3nq r , ,. .. and shall indemnify and save harmless the City of San Juan CapUv4no, its : officers, agents and employees, as therein stipulated, then thi;:-:pbl�gatiop shall become null and void; otherwise it shall be and remain 1Ad,All ,44' and effect. As a part of the obligation secured hereby, and in addition to tba face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred -by City in successfully enforcing such obligation, all to be taxed as c9 And included in any judgment rendered. 1•`� , The surety hereby stipulates and agrees that no change, extension of.timej_..f,44_ alteration or addition to the terms of the agreement or to the work to be ,rq, performed thereunder, or the specifications accompanying same, shall in any way affect its obligations on this bond, and it does hereby waive any notice of any such change, extension of time, alteration or addition to the- terms heterms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by ths',principal Al and surety above named, on June 20 , 1977 . PRINCIPAL SURETY INTER -VERDE CORPORATION MISS /r By By BY 4 BY Addve ss of Subdivider: NOTC App. i. �yP— POR E4CH�CA 9�26W60 y COMPANY Acknowledgments of execut-ion of 1>rine.ipals and Surety must be attached. Hone', muco he attached to Subi.ivi.-Jou Agro -!wont. rti wy STATE OF California Orange Countyof .......................................................... ss. On this,...............................day of............... E. B. Oncea 20th June ................. 19. 1... before me..................... B.....O .......................................................................... a Notary Public in and for said County and State, residing therein duly commissioned and sworn, personally appeared ............................................... Joanne E. House ........................................................................................................................................................................................................................................... known to me to be the duly authorized Attorney -in -Fact of MISSION INSURANCE COMPANY, and the same person whose name is subscribed to the within instrument and he (she) acknowledged to me that he (she) subscribed his (her) own name as the Attorney-tn-Fact for and on behalf of MISSION INSURANCE COMPANY. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official will the day and year in this Certificate first above written. o SP1 Lo ris:,i„� I_ - Nr 7A Y h [ I. L ` f PAL � f ' 1ft� o _ Orange Notary Public in and for ........................................................ County, State of California. SUR 57 G (1M) To 1045 CA rN-Yil (Corporation) JTITLE AND INSURANCE AND TRUST STATE OF CALIRORN IA l - ATICOa cXMs Y COUNTY OF range l SS. On_ June 20, 1977, _ __-----before me, the undersigned, a Notary Public in and for said State, personally appeared_ Allan S . Lanf],Sntan known to me to be the_ __.. ___-President, and $Woo ROl ZlUni 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 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 Signature -�� CI -FICIAL uEAL ��. LAURA ROSKELLLLY NoJIA, PR:NC:PAL WFICH iN V,ORANGE COIJWY My Commission Expires January 27, 1981 (This area for official notarial seal)