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)