1973-0228_LEADERSHIP HOUSING SYSTEMS_AgreementA G R E E M E N T
THIS AGREEMENT, made and entered into this 2Rth day of FahmAry
LEADERSHIP HOUSING SYSTEMS, INC.,
19 73 by and between A NEW YORK CORPORATION hereinafter designated
as SUBDIVIDER and the CITY OF SAN JUAN CAPISTRANO, a body politic of the
State of California, hereinafter designated as CITY:
W I T N E S S E T H:
WHEREAS, the SUBDIVIDER has prepared and offered for acceptance by
the CITY a final map of Tract No. 7972 in the City of San Juan Capistrano,
County of Orange, and
WHEREAS, the SUBDIVIDER as a condition of approval of said map by the
CITY, is required to construct or agree to construct certain improvements,
and
WHEREAS, the installation of the public streets, sewers, storm drain,
street lighting facilities as shown on the Plans in connection with the
improvements for said Tract No. 7972 will fulfill the requirements;
NOW, THEREFORE, IT IS AGREED by and between the parties hereto as
follows:
In consideration of the approval of said final map by the CITY, the
SUBDIVIDER agrees:
1. That the SUBDIVIDER will at the sole cost and expense of the
SUBDIVIDER construct and install all of the public facilities shown and
delineated upon the "plans for Street Improvements including Street
Lighting System, Domestic Water System and Sanitary Sewers of Tract NO.
7972 " on file in the office of the City Clerk of the City of San Juan
Capistrano; said "Plans for Street Improvements including Street Lighting
System, Domestic Water System and Sanitary Sewers of Tract No. 7972" are
hereby referred to and made a part of this Agreement as though fully set
forth herein.
2. To secure the faithful performance of this Agreement, the SUB-
DIVIDER agrees to furnish to the CITY a good and sufficient bond executed
by a corporation authorized to transact surety business in the State of
California in the sum of EIGHTY—ONE THOUSAND ONE HUNDRED DOLLARS
said bond to be approved by the CITY.
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3. It is mutually agreed that the work herein required to be done
by the SUBDIVIDER shall on the written request of the SUBDIVIDER made to
the City Engineer be inspected by him and if found to be in order, accepted
as it progresses. In such case the SUBDIVIDER shall be entitled to a
partial refund of money deposited to secure faithful performance, in a sum
in the same ratio to the total money deposited as the work accepted bears
to the total work to be done, provided that the CITY'S Engineer has first
certified to the City Council the amount of work completed and to be
accepted and the amount of partial refund to which the SUBDIVIDER is
entitled and the City Council approves such refund and further provided
that no refund in excess of Eighty-five percent (85%) of the total amount
of the original deposit shall be made until all of the work is completed
and accepted.
4. The SUBDIVIDER agrees to commence the construction and instal-
lation of said improvements within 180 days from the approval of said
map by the CITY and shall complete said work within 365 days from the
date of said approval.
This agreement is entered into pursuant to the provisions of Div. 4,
Pt. 2, Ch. 2, Art. 9 of the Business and Professions Code of the State of
California.
IN WITNESS WHEREOF, LEADERSHIP HOUSING SYSTEMS, INC., A NEW YORK
CORPORATION
has executed these presents as the SUBDIVIDER, and the CITY OF SAN JUAN
CAPISTRANO has caused these presents to be executed by the Mayor of the
City Council and attested by the City Clerk and ex -officio Clerk of the
City Council, as the CITY, the day and year in this instrument first
above written.
ATTEST:
Wanda E. Anderson, City Clerk and
ex -officio Clerk
LEADERS
Davbivd
SYSTEMS, INC.
CITY OF SAN JUAN CAPISTRANO
.12
ayor
TO ♦e9 C
(Corporation)
STATE OF CALIFORNIA
COUNTY OF Orange ss.
On February 28, 1973
State, personally appeared
known to me to be the EXecu
before me, the undersigned, a Notary Public in and for said
bin ,
President, and David R. Carmichael
I1
known to me to be Assistant 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 {��♦♦♦♦♦♦♦♦♦N♦♦♦♦♦♦♦♦♦1♦♦♦♦♦♦�
of directors. ♦ OFFICIAL SEAL
WITNESS my and and official seal. SUZANNE M. BERGER
/ Mo --M,
'fin ♦ NOTARY PUBLIC O CALIFORNIA e
/J�)/(n ♦ ORANGE COl1NiY e
Signature_ My Crafimissfoo Experes Nov. 15. 1974
Name (Typed or Printed)
(This vu for olReiai ..Wiid wa0
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AGREEMENT.
THIS AGREEMENT MADE AND ENTERED INTO THIS DAY OF
BY AND BETWEEN
THE CITY OF SAN JUAN CAPISTRANO, A MUNICIPAL CORPORATION, HEREINAFTER
REFERRED TO AS:
ITC I TYII
AND
LEADERSHIP HOUSING SYSTEMS, INCORPORATED, A NEW YORK CORPORATION,
HEREINAFTER REFERRED TO AS:
WITNESSETH:
RECITALS:
IILEADERSHIPII
A. LEADERSHIP IS DEVELOPING CERTAIN PROPERTY IN THE CITY OF
SAN JUAN CAPISTRANO, KNOWN AS TRACT 7972, AND IN CONNECTION THEREWITH IS
OBLIGATED TO INSTALL CERTAIN OFF-SITE STREET IMPROVEMENTS.
B. THE EASEMENT FOR SUCH STREET IMPROVEMENT IS CURRENTLY BEING
NEGOTIATED WITH THE FEE OWNER. IT IS ANTICIPATED THAT SAID EASEMENT WILL BE
ACQUIRED BY LEADERSHIP PRIOR TO THE RECORDATION OF THE MAP OF SAID TRACT 7972.
C. IN EVENT THAT LEADERSHIP SHOULD FAIL TO ACQUIRE SAID EASEMENT,
IT IS UNDERSTOOD THAT THE CITY IS WILLING TO ACQUIRE SUCH EASEMENT THROUGH THE
POWER OF EMINENT DOMAIN, BUT IS NOT WILLING TO ASSUME THE COSTS THEREOF.
D. LEADERSHIP IS WILLING TO PAY ALL COSTS FOR THE ACQUISITION OF
SAID EASEMENT, INCLUDING COURT COSTS AND ATTORNEYIS FEES.
TERMS:
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN
CONTAINED, IT IS AGREED AS FOLLOWS:
1. LEADERSHIP WILL INITIATE AND CARRY TO CONCLUSION ANY NECESSARY
ACTION TO ACQUIRE THE EASEMENTS FOR STREET AND HIGHWAY PURPOSES ON, UNDER,
OVER AND ACROSS THE REAL PROPERTY OF THE LUTHERAN CHURCH- MISSOURI SYNOD.
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2. IN EVENT THAT THE CITY ENTERS INTO ACTION UNDER EMINENT DOMAIN,
LEADERSHIP WILL PAY TO CITY ANY AND ALL AMOUNTS, ARRIVED AT BY EITHER
JUDGMENT OR NEGOTIATIONS, ATTRIBUTABLE TO THE ACQUISITION OF SAID EASEMENTS FOR
STREET AND HIGHWAY PURPOSES AND WILL PAY DIRECTLY TO CITY ATTORNEY ALL
AMOUNTS DUE BECAUSE OF ATTORNEY'S FEES AND COSTS.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
AS OF THE DAY AND YEAR HEREINABOVE FIRST WRITTEN.
CITY OF SAN JUAN CAPISTRANO
ATTEST:
CITY CLERK OF THE CITY OF
SAN JUAN CAPISTRANO
BY
MAYOR
nCITY'f
LEADERSHIP HOUSING SYSTEMS, JNC.��3:
By
����'►hi��a .• _�
tj�S. C.�Hathorn, VICE PRESIDENT
Asst. SECRETARY
David R. Carmichael
«LEADERSHIP"
W
x
W
J
m
TO 999 C
(Corporation)
STATE OF CALIFORNIA
e SS.
Oran
COUNTY OF g
On March 8, 19 % S before me, the undersigned, a Notary Public in and for said
State, personally appeared S. C. Hath orn ,
known to me to be the vice President, and David R. Carmichael
known to me to be Assistant 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 Zacial seal.
Signature
Ma on Pearson
Name (Typed or Printed)
O
OFFICIAL SEAL
• - - MARION PEARSON
m 'm NOTARY PUBLIC -CALIFORNIA
♦ '+ . ORANGE COUPITY
.a._•,. My Commission Expires Oct. 12, 1976
ITM1io area for official notarial seal)
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AGREEMENT.
THIS AGREEMENT MADE AND ENTERED INTO THIS 28TH DAY OF
FEBRUARY. 1973 BY AND BETWEEN
THE CITY OF SAN JUAN CAPISTRANO, A MUNICIPAL CORPORATION, HEREINAFTER
REFERRED TO AS:
it C I TY'f
AND
LEADERSHIP HOUSING SYSTEMS, INCORPORATED, A NEW YORK CORPORATION,
HEREINAFTER REFERRED TO AS:
WITNESSETH:
RECITALS:
"LEADERSHIPlt
A. LEADERSHIP IS DEVELOPING CERTAIN PROPERTY IN THE CITY OF
SAN JUAN CAPISTRANO, KNOWN AS TRACT 7972, AND IN CONNECTION THEREWITH IS
OBLIGATED TO INSTALL CERTAIN OFF-SITE STREET IMPROVEMENTS.
B. THE EASEMENT FOR SUCH STREET IMPROVEMENT IS CURRENTLY BEING
NEGOTIATED WITH THE FEE OWNER. IT IS ANTICIPATED THAT SAID EASEMENT WILL BE
ACQUIRED By LEADERSHIP PRIOR TO THE RECORDATION OF THE MAP OF SAID TRACT 7972.
C. IN EVENT THAT LEADERSHIP SHOULD FAIL TO ACQUIRE SAID EASEMENT,
IT IS UNDERSTOOD THAT THE CITY IS WILLING TO ACQUIRE SUCH EASEMENT THROUGH THE
POWER OF EMINENT DOMAIN, BUT IS NOT WILLING TO ASSUME THE COSTS THEREOF.
D. LEADERSHIP IS WILLING TO PAY ALL COSTS FOR THE ACQUISITION OF
SAID EASEMENT, INCLUDING COURT COSTS AND ATTORNEY'S FEES.
TERMS:
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN
CONTAINED, IT IS AGREED AS FOLLOWS:
1. LEADERSHIP WILL INITIATE AND CARRY TO CONCLUSION ANY NECESSARY
ACTION TO ACQUIRE THE EASEMENTS FOR STREET AND HIGHWAY PURPOSES ON, UNDER,
OVER AND ACROSS THE REAL PROPERTY OF THE LUTHERAN CHURCH- MISSOURI SYNOD.
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2. IN EVENT THAT THE CITY ENTERS INTO ACTION UNDER EMINENT DOMAIN,
LEADERSHIP WILL PAY TO CITY ANY AND ALL AMOUNTS, ARRIVED AT BY EITHER
JUDGMENT OR NEGOTIATIONS, ATTRIBUTABLE TO THE ACQUISITION OF SAID EASEMENTS FOR
STREET AND HIGHWAY PURPOSES AND WILL PAY DIRECTLY TO CITY ATTORNEY ALL
AMOUNTS DUE BECAUSE OF ATTORNEY'S FEES AND COSTS.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
AS OF THE DAY AND YEAR HEREINABOVE FIRST WRITTEN.
CITY OF SAN JUAN CAPISTRANO
ATTEST:
CITY CLERK OF THE CITY OF
SAN JUAN CAPISTRANO
BY �'� Q/✓
MAYOR
ttCITYtt
LEADERSHIP HOUSING SYSTEMS, INCORPORATED
BY
J3, C. Hathorri, VICE PREL)
SIDENT
By ,� _
A88t. SECRETARY
David R. Carmichael
ttLEADERSHIP"
1
1
W
x
W
a
m
TO a..e
(Corporation)
STATE OF CALIFORNIA
COUNTY OF Orange
SS.
On March 8. 1973 before me, the undersigned, a Notary Public in and for said
State, personally appeared
known to me to be the Vice President, and David R. Carmichael
known to me to be Assistant 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 qlI{d official seal
Signature
arion Pearson
Name (Typed or Printed)
O
♦ OFFICIAL SEAL
i MARION PEARSON i
NOTARY PUBLIC CALIFORNIA
♦ ORANGE COUNTY
My Commission Expires Oct. 12, 1976
(This area for official notarial seal)
AGENDA ITEM
March 1, 1978
TO: James S. Mocalis, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Release of Improvement Bond;and Acceptance of Partial
Bond --Tract 7972 (Leadership Housing)
/ ce r=
SITUATION
The Housing Group, formerly Leadership Housing, has requested
that improvement bonds for Tract 7972 be released and exonerated.
However, there has been a problem concerning recordation of
sidewalk easements along Ortega Highway fronting this tract.
As a result of this problem, improvements along Ortega have not
been completed. Staff has finished a cost estimate of $25,000
for the completion of these improvements. The Housing Group
has submitted a bond in the amount of $25,000, subject to the
release of the bonds the City is currently holding.
The following is a list of bonds that the City is presently
holding on this tract:
Bond No.
915151
090952
Type of Bond
Performance
Performance
Amount
$81,100.00
93,000.00
FINANCIAL CONSIDERATION
There are no financial considerations to the City due to this
action. This action increases The Housing Group's bonding
capacity.
ALTERNATE ACTIONS
1. Accept the partial bond in the amount of $25,000 and exonerate
Faithful Performance Bonds 915151 and 090952.
2. Do not accept the partial bond in the amount of $25,000, and
keep the Faithful Performance Bonds the City is now holding.
3. Request further information from staff.
FOR CITY COUNCIL AGENDA ... . ....
•
C�
James S. Mocalis, City Manager -2- March 1, 1978
Release of Improvement Bond and Acceptance of Partial
Bond --Tract 7972 (Leadership Housing)
RECOMMENDATION
By motion, accept the partial bond in the amount of $25,000 and
exonerate Faithful Performance Bonds No. 915151 and 090952.
Respectfully submitted,
,2 4'�
W. D. Murpiy
Director of Public WOLS
WDM:RFC/tm
Enc.
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February 16, 1978
0
ENGINEERJUG DEPT.
CITY OF SAN JOAN CAPISTRANO
FEB 1. 7 197
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attention: Richard Carneiro
Public Works Department
Re: Tracts 7972 & 8325
Leadership Housing Systems, Inc.
Bonds Nos. 915151 - Highlands Insuranc
090952 - Argonaut Insurance
Company
Company
The Housing Group
Bond No. M110511 - Insurance Company of North America
Gentlemen:
Leadership Housing Systems, Inc. hereby requests release and
exoneration of the above -referenced bonds presently held by
the City of San Juan Capistrano at the next City Council
meeting.
As discussed with and agreed to by Mr. Carneiro, The Housing
Group, successor in interest to the Sunhollow project, will
deposit with the City of San Juan Capistrano, a bond in the
amount of $25,000 to insure the completion of sidewalk and
landscaping improvements along Ortega Highway, with respect
to the above -referenced tracts.
The deposit of INA Bond No. M110511 with the City of San Juan
Capistrano is strictly subject to the release and exoneration
of the Leadership bonds referenced above.
Please forward copies of all council actions pertaining to these
bonds to me. The original and exonerated bonds_shguld.be
--- ------
xeturnedo---the appropriate insurance company with an accompanying
explanation of release.,
3501 Souch Harbor Blvd..Sanca Ana.Ca 92704/(714) 557-5770
City of San Juan Capistrano
February 16, 1978
Page Two
0
If you should have any questions, please feel free to call
me.
DJG:ee
Enclosure
v
Very truly yours,
Diana J. Gervais
Secretary and Legal Supervisor
I
August 9, 1977
RECEIVED
AUG 10 II 21
CITY u;
SAN,jUAN
C A P I S T R MHO
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, California 92675
Attention: Richard Carneiro
Public Works Department
Re: Leadership Housing Systems, Inc.
Bond Nos. 915151 - Highlands Insurance Colpany
090952 - Argonaut Insurance Company
Gentlemen:
Please be advised that Leadership Housing Systems, Inc.
hereby requests release and exoneration of the above -referenced
bonds presently in favor of the City of San Juan Capistrano,
at the earliest possible time.
Copies of the two"bonds are enclosed for your reference. At
the time of exoneration, the City should forward the original'
bonds directly to the appropriate insurance company, along
with copies of the Council resolutions releasing the bonds.
Please notify me when the bond exonerations are calendared
for action before the City Council. Thank you for your
cooperation.
DJG:ee
Enclosures
Ve y truly yo s,
Diana J. Gervais
Legal Assistant
3501 South Harbor Blvd., Sanca Ana.Ca 92704/ (714) 557-5770 s
.1400 PAf.EOAUfiLAHYOy
SAN JU PANO, r0;H A 92675�tOHF:,91.1
17
July 11, 1977
Ms. Diana Gervais
Leadership Housing Systems, Inc.
P. O. Box 5010
Santa Ana, CA 92704
Dear Ms. Gervais:
Release of Bonds
acts 8323 and 7972
This letter is to notify you that the City Council of the City
of San Juan Capistrano has authorized the release of Monumentation
Bond No. 090953 for Tract 8325 and Right -of -Way Acquisition Bond
No. 915150 for Tract 7972.
Enclosed is the agenda item that went before the City Council
and the action that was taken. If there are any further questions
regarding this matter, please contact Richard Carneiro of this
office.
Very truly yours,
CITY OF SAN JUAN CAPISTRANO
W. D. MURPff �
Director of Public 1• rks/
City Engineer
WDM: RC: cj
Enclosure
a
l�
James S. Mocalis, city Manager
{
FIzOt: W. D. Murphy, Director of Public Works
SUBJkXT: RELEASE Of BONDS r TRACTS 7972 and 8325 (tXADERSIIIP HOUSING)
SITUATION; '
The City is holding bonds on subject tracts in the total amount of
I $178,260.00, The improvement bonds are being held pending the
resolution of the construction along Ortega 4ighway.
j All of the public improvements required of subject tracts, except
the improvements along the Ortega highway, have been completed.
Leadership Housing has requested release of Monumentation Bond
No. 090953 in Tract S325 and Riaht-of-Way Acquis tion Bond No. 915150
on Tract 7972. The m..onumentation has been ccmoleted and the right-
of-way has been obtained. These two bonds are included in the total
amount of $178,260.00.
FINANCIAL CONSIDERATIONS:
The release of ':ese bonds, for work completed, will increase
Leadership's bonding capacity a like amour.,_.
ALTERNATE ACTIONS:
1.' Accept the monumentation, and exonerate monumentation
Bond No. 090953 on Tract No. 8325, and exonerate Right -
of Way Acquisition Bond No. 915150 on Tract No. 7972.
3. Do not accept the monumentation and do not exonerate
Bond No. 090953 cn Tract No. 8325 or Bond No. 915150
' T t N 7972
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3. Request further information from Staff.'
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RECOMMENDATION: ,
By motion, accept the monumentation for Tract No. 8325 and exonerate
Honumentation Bond No. 090953 and exonerate Right-of-way Acquisition
Bond No. 915150 on Tract No. 7972.
Respectfully submitted,
lj �
nn
W. D. Mur,
r h'D)l:TJN:cj ,
i For CITY COUNCIL AGENDA
ti •-
A o rt
C S. TRAC " Ali _»a''•,� irpntes+l(r rio(_41f, - r)(.4',VCS. OF MKn3
(85) The 00n1~1121l0n for Traci 5375 1e nrrerlrtl 15�A nubAOr(>.a-
tlon pranlrA to rlsnvra{.• 4a nuncn lalten Akw..{ \a. V^0`{:a�:
Rntl, .n Nua'1: 11 Mat f.. Fr.tn lo.{ lu rc tra•.o N\Cpl-u(-•.w •: ..ut
t..
BOND No. 915150
KNOW ALL MN BY THESE PRESENTS:
That we, LEADERSHIP HOUSING SYSTEMS INC. as
Principal and the HIGHLANDS INSURANCE COMPANY a
Corporation, created, organized and existing and by virtue of the laws of LFI-7—
State
h7State of TEXAS , and duly licensed to transact
a general surety business in the Stif
ate of Calornia, as Surety, are held and
firmly bound to the City of San Juan Capistrano, SLate of California,
in the sum of TWO THOUSAND TWO HUNDRED AND 00/100 DOLLARS, lawful
money of the united States of Arrmrica to be paid to the said City of
San Juan Capistrano , for which payment, well and truly to be made, we Dino
ourselves, our heirs, executors and successors, jointly and severally.
ThE CONDITION OF Ml` FOREGOING OBLIGATION is such that whereas the above 'bounden
principal has agreed to do and perform the following work, all within one year
from date, to -wit:
ACQUISITION OF OFFSITE RIGHT-OF-WAY REQUIRED IN
CONNECTION WITH TRACT NO. 7972
NOW, TMMEFORE, the condition of this obligation is such that if the bounden
Principal shall, to the satisfaction of said City of San Juan Capistrano,
faithfully and properly perfonu all Lho work described in said agn,c
rnent and in accordance wi.Lh the plans and spo cifications approved for said c:vrk,
and shall pay all sums due for all damages suffered by Lhc City of
San Juan Capistrano by reason of faulty or defective wort: or the carelessness
or negligence of said Principal and for the completion of any work not satisfac-
torily or properly performod, allwithin said one year period, and guarantee, all
work for a period of one year after acceptance in accordance with said agreement,
then, at the expiration of said guarantee period, this obligation shall be null
and void; otherwise to remain in full force and effect_
IN WITNESS 1411EREOF said Principal and Surety have caused this bond to be -executed
by their officers thereunto duly authorized t;�,is 28th day of February
, 197 3 .
The premiyyt7o&this bond is
PrincipaP HOUSING SYSTEMS, INC.
Z11
B y A
Surety HIGHLANDS INSURANCE COMPANY
BY 1 /G2tJ L
. Doris S. Wilson ATTORNEY IN FACT
Pres.
retary
TO 449 C
(Corporation) TI
STATE OF CALIFORNIA l
COUNTY of Orange I SS.
TOn February 28, 1973 before me, the undersigned, a Notary Public in and for aid
State, personally appeared — Lon B. RUbin ,
to known to me to be the Executive Vice– President, and na V1.id–R--Ca Y-7Ai Chael
X Assistant
= known to me to be Secretary of the corporation that executed the wittun Instrument,
all known to me to be the persons who executed the within
j Instrument on behalf of the corporation therein named, and
< acknowledged to me that such corporation executed the within
m instrument pursuant to its by-laws or a resolution of its board +♦♦♦♦i•H♦:♦♦♦♦♦♦•♦••••♦•••••♦
of directors.
WITNESS m hand and official seal.L SEAL
(/y/� SQAMySUZANNE
3UZANNE M. BERGER �
f%1'S `�.9–+N"� ! l/l --–"`��(sNOTARY PUBLIC - COUNTY RNIA
Signator � � ♦ORANGE COUNTY
`4•� Commission Expires Nov. 15, 1974 Is
Name (Typed or
rrha are. he pflulal notarlel :rat)
STATE OF
CALIFORNIA
COUNTY of ORANGE
on tl„a 28th doy of February, _._ , la _71
before me, a Notary Public, within and for said County and State, personally appeared
Doris S. Wilson
to me personally known, who being duly sworn, upon oath, did say that he Is he Agent and,., Arr orney.t mfoc•
of and for the HIGHLANDS INSURANCE COMPANY, a corporation created, organized and existing under and by
��rrue of the laws cf the Stare of Texas that the Corporate seal affixed to the foregoing within instrument is the seal
of said Company, be, he seal was aIfi.ed, and the said instrument was executed by authority of its Board of Dnec-
Doris S. Wilson
tors, and the said
did acknowledge that he executed the said instrument os r free act and deed of said Company.
•♦fie♦♦♦•♦♦♦♦♦•4♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ �%/
♦ OFFICIAL SEAL
• SUZANNE M. BERGER ♦ �_
i NOTARY PURFCA-f-CALIFORNIA Notary Public
• ORANGE COUNTY ♦ -
♦ My Commission Expires Nov. 15, 1971 �
•♦♦♦•♦♦d1Lf�♦♦•♦•♦••♦♦♦♦♦♦♦♦♦♦• My Cammsstan .xoires
BOND NO.
KNOW ALL AEN BY THESE PRESENTS:
915151
That we, LEADERSHIP HOUSING SYSTEMS, INC. _ as
Principal and the HIGHLANDS INSURANCE COMPANY _ a
Corporation, created, organized and existing and by virtue of the laws of
State of TEXAS , and duly licensed to transact
a general surety business in the State of California, as Surety, are held and
firmly bound to the City of San Juan Capistrano, State of Cali Forma,
in the sum of EIGHTY-ONE THOUSAND ONE HUNDRED AND 00/100 DOLLARS, lawful
money of the United States of America to be paid to the said City Of
San Juan Capistrano , for which payment, well and truly to be made, we uinu
ourselves, our heirs, executors and successors, jointly and severally.
THE CONDITION OF THE FOREGOING OBLIGATION is such that whereas the above bounden
principal has agreed to do and perform the following work, all within one year
from dale, to -wit:
INSTALLATION OF STREET IMPROVEMENTS, STORM DRAIN FACILITIES,
STREET LIGHTING SYSTEM, SANITARY SEWER SYSTEM, AND TRACT
MONUMENTATION TO SERVE TRACT NO. 7972
NOW, THEREFORE, the condition of this obligation is such that if the bounMl
Principal shall, to tGe satisfaction of said City of San Juan Capistrano,
faithfully and properly per`orw all the cork described in said anr�t -
ment and in accordance with the plans and specifications approved for said vurk,
and shall pay all sums due for all damages suffered by the City Of
San Juan Capistrano by reason of faulty or defective work or the carolunn ss
or negiigence of said Principal and for the completion of any work not satisfac-
torily or properly performed, all within said one year period, and Fuaranto, all
work for a period of one year after acceptance in accordance with said anrc,went,
then, at the expiration of said guarantee period, this obligation snail b• null
and void; otherwise to remain in full force and effect.
IN WITNESS WHEREOF said Principal and Surety have, caused this bond to be'enecutud
by their officers thereunto duly authorized this 280 day of February
197_1. r
The p��gkk on this bond is
Ui255
HOUSING SYSTEMS, INC.
PrincipalLj'®i/ .
David R. Carmthhael, Assistant becreitarny
Surety HIGHLANDS INSURANCE COMPANY
BY �� 1 L �Li cC .it77
—DP N Oz. Wilson
ATTORNEY IN FACT
TO 449 C
(Corporation) O
STATE OF CALIFORNIA
Orange } SS.
COUNTY OF
a
February 28 1973
On-1—on-K.—Ru
More me, the undersigned, a Notary Public in and for said
State, personally appeared On Ubin
xecu Tve ice-avi arinichael
w known to me to be the SSTS do President, and ,
Sknown to me to be Secretary of the corporation that executed the within Instrument,
all known to me to be the persons who executed the within
ii 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. //J� ••••••••••••••••••N••ee1••••♦
WITNESS and and official seal. • OFFICIAL SEAL
TARRYSUZAPUBLIC
M. BERGER
Signature' Air -M -L / • 7`�� NOTARY PUBLIC CALIFORNIA
♦ ORANGE COUNTY
My Commission Expires Nov. 15, 1974 i
4`•••e•e•••••ee•eefkrrrre+eeeee♦
Name (Typed or Printed)
(This area for tri notarial lean
CALIFORNIA
STATE OF
COUNTY OF ORANGE 111,
On this 28th day of February___
before me, a Notary Public, within and for said County and State, personally appeared
Doris S. Wilson
19 73_
to me personally known, who bung duly sworn, upon oath, did say char he is he Agent and/or Arrnrorn, in -face
of and for the HIGHLANDS INSURANCE CCMPANY, o corporation created, organized and existing under and by
-,u, of rhe lows of He Stare of Tetras that Ike Corporate seal aflsxed to the forego. his .,thin insrrum tar n the sec'
of said Company, that the seal was affixed, and the said instrument was executed by authority of its Board of Dire -
Doris S. Wilson
rots, and the sold
did acknowledge that he executed the said instrument maij free act and deed of sold Company.
• OFFICIAL SEAL +
�rC�'p''�AsANNE M. BERGER Notary Pahl,
NQIT6 i'PUBLIC - CALIFORNIA
ORANGE COUNTY
• My Commission Expires Nov. 15,1774 My Cemm�s stun rxpiro
•M••••••••••••••••••••••••••♦
I We 0 It
wAINSURANCE COMPANY OF NORTH AMERICA, PHILADELPHIA, PENNSYLVANIA•
BOND NO M 11 05 11
PREMIUM
f�
PERFORMANCE BOND — SUBDIVISION
WHEREAS, CTTY OF SAN JTTAN r',APTSTRAM)
State Of California, and THF HnnsTN(' rgnTTP
(Hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete
designated public improvements, which said agreement, dated , and identified as Project
Traria 7972 and 8395 , is hereby referred to and made a part hereof; and
Sidewalk 4� landscaping improvements along Ortega Highway
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 INSURANCE COMPANY OF NORTH AMERICA
as Surety, are held and firmly bound unto the CITY OF SAN JUAN CAEISTRANO
,hereinafter called City
• in the penal sum of TWENTY FIVE THOUSAND 6 NO/100THS ------
($ 25,000.00 ) DOLLARS, lawful money of the United States, for the payment of which sum well and truly to
be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bound 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 indemnity and save harmless the City
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 Ci t-9
in successfully enforcing such obligation, all to be taxes 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 the same shall in any wise affect
its obligations on this bond, and it does hereby waive 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
an is y303 , 1978
THE HOUSING GROUP
C Principal
BY / " ) — "
PRESinFNT ,
INSURANCE COMPANY OF NORTH AMERICA
i
Surety
i
BY
Marie King, Attorney in F t (551)
F13 -139b DCW-1799
STATE OF CALIFORNIA ISS.
COUNTY OF LOS ANGELEe JJJ }
On this 30th day of January in the year 1978
before me GERTRUDE MERSKY a Notary Public in and for the
STATE OF CALIFORNIA personally appeared Marie King
known to me to be the person whose name Is subscribed to the within instrument as the
Attorney -in -Fact of the INSURANCE COMPANY OF NORTH AMERICA, and acknow-
ledged to me that he subscribed the name of the INSURANCE COMPANY OF NORTH
m . thereto as surety and his own name as Attorney-in-Fact.
R
Notary Public in and for the State of ahfomia�
GCI�IftJ
c�wti t L L
Aly Ccme,semn Expires Scpt. iii, 1°-i a,
BS -6733 Printed in U.S.A.
STATE OF CALIFORNIA
r aa.
� COUNTY OF nRANM i
n
G On L'21JY'Llaij/ 16/ 1'97$ before me, the undersigned, a Notary Public in and for
V
e said State, personally appeared R. R F i hkc
I known to me to be rhe President, and
c '
A
u
known to me to be the Secretary of the corporation that executed the within instrument,
E and known to me to be the
Q persons who executed the within
instrument on behalf of the corporation therein named, and ac -
oknowledged to me that such corporation executed the within -�^ ---^+ter
CT [C1^i S -1 T )
`ao instrument pursuant to ifs by-laws or a resolution of its board Of
<. NOT f FU Cr,'
u directors. ��'
7 v�p r r
n WITNESS my hared and official seal. Aly q:.:: 1E..;..r
g
/
E i g ��
Signature (r,l G"LQ"�- SL/.�.��o -
u.
Elvira Evanoff `
Name (Typed or Printed) (This area for of ficial notarial seal)
t
0 POWER OF ATTORNEIS
INIV INSURANCE COMPANY OF NORTH AMERICA
PHILADELPHIA, PA.
Know all men by these presents: That INSURANCE COMPANY OF NORTH AMERICA,
a corporation of the Commonwealth of Pennsylvania, having its principal office in the City of Philadelphia,
Pennsylvania, pursuant to the following Resolution adopted by the Board of Directors -of the said Company
on May 28, 1975, to wit:
"RESOLVED, pursuant to Articles 3.6 and 5.1 of the By -Laws, the following Rules shall govern the execution for the Company of
bonds, undertakings, recognizances, contracts and other writings in the nature thereof:
(1) That the President, or any Vice -President, Assistant Vice -President, Resident Vice -President or Attorney -in -Fact, may execute for
and in behalf of the Company any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof, the
same to be attested when necessary by the Secretary, an Assistant Secretary or a Rcsident Assistant Secretary and the seal of the
Company affixed thereto; and that the President or any Vice -President may appoint and authorize Resident Vice -Presidents, Resident
Assistant Secretaries and Attorneys -in -Fact to so execute or attest to the execution of all such writings on behalf of the Company and
to affix the seal of the Company thereto.
(2) Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case as though signed
by the President and attested by the Secretary.
(3) The signature of the President or a Vice -President and the seal of the Company may be affixed by facsimile on any power of
attorney granted pursuant to this Resolution, and the signature of a certifying officer and the seal of the Company may be affixed by
facsimile to any certificate of any such power, and any such power or certificate bearing such facsimile signature and seal shall be valid
and binding on the Company.
(4) Such Resident Officers and Attorneys - in - Fact shall have authority to certify or verify copies of this Resolution, the By -Laws of the
Company, and any affidavit or record of the Company necessary to the discharge of their duties.
(5) The passage of this Resolution does not revoke any earlier authority granted by Resolution of the Board of Directors on lune 9,
1953."
does hereby nominate, constitute and appoint MARIE KING, of the City of Los Angeles, State
of California
, each individually if there be more than one named,
its true and lawful attorney-in-fact, to make, execute, seal and deliver on its behalf, and as its act and deed
any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof. And the
execution of such writings in pursuance of these presents, shall be as binding upon said Company, as fully
and amply as if they had been duly executed and acknowledged by the regularly elected officers of the
Company at its principal office.
IN WITNESS WHEREOF, the said .................. C....DANLEL..DRAKE................................. Vice -President,
has hereunto subscribed his name and affixed the corporate seal of the said INSURANCE COMPANY OF
NORTH AMERICA this .............. 7th ............................ day of ............. JOY ............. .------------- 19-7.6 ............
(SEAL)
STATE OF PENNSYLVANIA
COUNTY OF PHILADELPHIA ss
INSURANCEt COMPA F NORTH AMERICA
��.
Vice -President
On this ........ ....... 7th ............... .... day of ...........July........................., A. D. 19.ZC....... _., before me, a Notary
Public of the Commonwealth of Pennsylvania, in and for the County of Philadelphia, came __._____..._.........__.._..___...
......... ...... ..------- _.......................................... C.....DANI.EL... DRAKE ......... Vice -President of the INSURANCE
COMPANY OF NORTH AMERICA to me personally known to be the individual and officer who executed the preceding
instrument, and he acknowledged that he executed the same; that the seal affixed to the preceding instrument is the
corporate seal of said Company; that the said corporate seal and his signature were duly affixed by the authority and
direction of the said corporation, and that Resolution, adopted by the Board of Directors of said Company, referred to
in the preceding instrument, is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my handnd affixed my official seal at the City Philade phia,
the day and year first above written.
..... -. ... ..L.t.-'�.J .... .. ..... .. --
\phc"
ommission expires August 13, 1979 Notary Public.
undersigned, Assistant Secretary of INSURANCE COMPANY OF NORTH AMERICA, do hereby certify that
OWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect.
tness whereof, I have hereunto subscribed my me as Assistant Secretary daIx the corporate seal
vation, this........... 30th ....................... day of..... �anu..... ..... � � ..
_ g......
33-[C 7/75 Printed In U.S.A. Assistant ecretary
na
I
0
4
A G R E E M E N T
THIS AGREEMENT, made and entered into this 28thday of February
LEADERSHIP HOUSING SYSTEMS, INC.,
19 73 by and between A NEW YORK CORPORATION hereinafter designated
as SUBDIVIDER and the CITY OF SAN JUAN CAPISTRANO, a body politic of the
State of California, hereinafter designated as CITY:
W I T N E S S E T H:
WHEREAS, the SUBDIVIDER has prepared and offered for acceptance by
the CITY a final map of Tract No. 7972 in the City of San Juan Capistrano,
County of Orange, and
WHEREAS, the SUBDIVIDER as a condition of approval of said map by the
CITY, is required to construct or agree to construct certain improvements,
and
WHEREAS, the installation of the public streets, sewers, storm drain,
street lighting facilities as shown on the Plans in connection with the
improvements for said Tract No. 7972 will fulfill the requirements;
NOW, THEREFORE, IT IS AGREED by and between the parties hereto as
follows:
In consideration of the approval of said final map by the CITY, the
SUBDIVIDER agrees:
1. That the SUBDIVIDER will at the sole cost and expense of the
11 111 of the public facilities shown and
3. It is mutually agreed that the work herein required to be done
by the SUBDIVIDER shall on the written request of the SUBDIVIDER made to
the City Engineer be inspected by him and if found to be in order, accepted
as it progresses. In such case the SUBDIVIDER shall be entitled to a
partial refund of money deposited to secure faithful performance, in a sum
in the same ratio to the total money deposited as the work accepted bears
to the total work to be done, provided that the CITY'S Engineer has first
certified to the City Council the amount of work completed and to be
accepted and the amount of partial refund to which the SUBDIVIDER is
entitled and the City Council approves such refund and further provided
that no refund in excess of Eighty-five percent (85%) of the total amount
of the original deposit shall be made until all of the work is completed
and accepted.
4. The SUBDIVIDER agrees to commence the construction and instal-
lation of said improvements within 180 days from the approval of said
map by the CITY and shall complete said work within 365 days from the
date of said approval.
This agreement is entered into pursuant to the provisions of Div. 4,
Pt. 2, Ch. 2, Art. 9 of the Business and Professions Code of the State of
California.
IN WITNESS WHEREOF, LEADERSHIP HOUSING SYSTEMS, INC., A NEW YORK
CORPORATION
has executed these presents as the SUBDIVIDER, and the CITY OF SAN JUAN
CAPISTRANO has caused these presents to be executed by the Mayor of the
City Council and attested by the City Clerk and ex -officio Clerk of the
City Council, as the CITY, the day and year in this instrument first
above written.
ATTEST:
Wanda E. Anderson, City Clerk and
ex -officio Clerk
SYSTEMS, INC.
#WA;d N
David R.Carmichael, ssistant Secretary
CITY OF SAN JUAN CAPISTRANO
ayor
TO o4a C
(Corporation)
STATE OF CALIFORNIA l
COUNTY OF QPange T SS.
On February 28, 1973 before me, the undersigned, a Notary Public in and be s:dd
State, personally appeared
known to me to be the_
O
President, and na VTr( R.—Carmichael
known to me to be I _"all 6 Su:retary of the corporation that executed the within insitvmeni,
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. ♦ OFFICIAL SEAL
WITNESS m an and official seal. ""'' SUZANNE M. BERGER
_�
♦ NOTARY PUBLIC CALIFORNIA
Signature ♦ . • ORANGE COUNTY
• My Commission Expires Nov. 15, 1971 j
Name (Typed or Printed)
!This arra for official 0almlial la2O