1973-0817_LEADERSHIP HOUSING SYSTEMS_AgreementTHIS AGREEMENT, made and entered into this 17th day of
19 73by and between LEADERSHIP HOUSING SYSTEMS, INC. hereinafter designated
A New York Corporation
as SUBDIVIDER and the CITY OF SAN JUAN CAPISTRANO, a body politic of the
State of California, hereinafter designated as CITY:
J I T N E S S E T H:
the SUBDIVIDER has prepared and offered for acceptance by
the CITY a final map of Tract No. 8325 in the City of San Juan Capistrano,
County of Orange, and
AKEREAS, the SUBDIVIDER as a condition of approval of said mappby the
CI:Y, is required to construct or agree to construct certain improvements,
„0d
dKEREAS, 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. ._8325 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.
8325_° 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. 8325 " 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 t h e s u m of Ninety—Three Thousand Dollars
said bond to be approved by the CITY.
STATE OF CALIFORNIA
Orange J
COUNTY OF the undersigned, a Notary Public in and for
nE Au ust H � g73 —• before me,
b Cm
Y said State, personally appeared A» enM. T --
Sh� er ,
"
Vice President, and—�—n -�--
rknown to me to be the within instrument,
Assistant
� Secretary of the corporation that executed the
known to me to be the
uted the within
and known to me to be the persons who exec
instrument on behalf of the corporation therein named, and ac
knowledged to me that such corporation executed the within
8 instrument pursuant to its by-laws or a resolution of its board of
u directors. ♦•••••••••••••••••••••••••••
OFFICIAL SEAL
s WITNESS my hand and o Icial seal. MARION PEARSON•NOTARY PUBLIC - CALIFORNIA •
R ORANGE COUNTY •
E •
• 10my Commission Expires Oct. 12,1976 �
IS Signature •
Pearson •••••••••••••••.•••.•.•.••••••
Marion — (This area for ofncial notxiol Seel)
Name (Typed or Printed)
P,f)(' f- 4- f is G?, 04�.
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4610 P`ASIEOADECAvv ro
SAN J
PIST RANQ AMFd"IA 92675
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March 14, 1978
Diana Gervais
The Housing Group
3501 South Harbor Boulevard
Santa Ana, California 92704
Re: Release of Improvement Bonds and Acceptance
of -Partial Bond - Tracts 7972 And 8325
Dear Miss Gervais:
At their meeting of March 1, 1978, the City Council
took the following action:
1. Accepted Bond No. M110511;
2. Released Performance Bond No. 915151; -U -M,2
3. Released Performance Bond No. 090952. �a� S
The Bonds which were released are enclosed herewith.
Thank you for your cooperation.
Very truly yours,
(MRS) MAR; /ANN' HANOVER
City Clerk
KAH/ci
Enclosure
cc: Director of Public Works
,9
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)
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. Type of Bond Amount
915151 Performance
$81,100.00
090952 Performance 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 ... 0 *",
0 0
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,
U i'�.
W. D. Murphy
Director of Public Wo s
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February 16, 1978
EN-1INEERING DEFT,
C'TY CF SAN JUAN CAp1.STRAN0
FEB 1. 7 1973
PFJ RECEIVED
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 Insurance Company
090952 - Argonaut Insurance 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 should be
returned—to--the appropriate insurance company with an accompanying
explanation of release.,
3501 Souch Harbor Blvd.. Santa Ana,Ca 92704/(714) 557-5770
0 0
City of San Juan Capistrano
February 16, 1978
Page Two
If you should have any questions, please feel free to call
me.
DJG:ee
Enclosure
It
Very truly yours,
Diana J. Gervais
Secretary and Legal Supervisor
RECEIVED
21
CITY OF tt�,�j 4� {.
August 9, 1977 SAN JUAN � I .•r,,� : ? .,
CAPI STR AI'O
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
very truly yo s,
11&d14 1�7(I�I/Q?
&_C�
Diana J. Gervais
Legal Assistant
3501 South Harbor Blvd.. Santa Ana, Ca 92704/ ( 714) 557.5770
.. 9 !
090952
BOND NO.
KNOW AIT MEN BY THESE PRESENTS:
LEADERSHIP HOUSING SYSTEMS, INC.
That we, as
Principal and the Air INSURANCEC a
Corporation, created, organized and existing and by virtue of the laws of the
State of California 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 tate of California,
tt,,. of NINETY-THREE THOUSAND AND NO/100 ($93,000.00 DOLLARS, lawful
State of Califomia
County of
Or, this 16th
Orange as:
day of August , 19 73 , before me
personally appeared Janice A. Minnick
known to me to be an Attorney -in -Fact of Argonaut Insurance Company, the corporation described in the within
instrument, and he acknowledged to me that he executed the within instrument as the act of the said Argonaut
Insurance Company in accordance with authority duly conferred upon him by said Company.
NOTARY PUBLIC
My Commission Expires /in- -5r-, Z�
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STATE OF CALIFORNIA
ss.
c COUNTY OF orange
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E On ,atme�li/ 1973 ,before me, the undersigned, a Notary Public in and for
u
a, said State, personally appeared TAM A Ruh to
known to me to be tH}�E"!Ce ViCO President, and MwrW in 1- Gebler
m
E
known to me to be the Assistant -Secretary of the corporation that executed the within instrument,
Qand known to me to be the persons who executed the within
instrument on behalf of the corporation therein named, and ac-
oknowledged to me that such corporation executed the within
oinstrument pursuant to its by-laws or a resolution of its board of
`o directors.
U � OFFICIAL SEAL ♦
T • MARION PEARSON i
WITNESS my hand a official seal.
NOTARY PUBLIC - CALIFORNIA
m • ORANGE COUNTY
LLSignature My Commission Expires Oct. 12,1976
Nama (Typed or Printed) (This arw for oftiol notarial awl)
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 sane ratio to the total money deposited as the work accepted -bears
to "che "total work to be done, provided that the CITY'S Engineer has firs-
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.
Leadership Housing Systems, Inc.
IN WITNESS WHEREOF, 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
a Jove written.
A7TES'i .
Anderson, City Clerk and
ex-o.°f`;c"io Clerk
CITYi6-F'-S,AN JUyl�l CAPISTRANO
32
ayor
•
AGENDA ITEM
August 17, 1977
TO: James S. Mocalis, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Removal of Item From Consent Calendar, H-9
(Release of Bonds Tracts 7972 & 8325 (Leadership)
SITUATION
It is requested that this item be held over until problems
can be resolved regarding the installation of a sidewalk
and landscaping on Ortega Highway. Action will be requested
upon the solution of these issues.
Respectfully submitted,
L'.. t_, G�'
W. D. Murphy
WDM/rm t
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AGENDA ITEM August 17, 1977
TO: James S. Mocalis, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Release of Bonds, Tracts 8325 and 7972
(Leadership)
SITUATION:
The developer of the subject tracts have requested that the
City release the bonds. There has been a problem concerning
the recordation of sidewalk easements which the City Attorney
is now in the process of handling. It appears that the
developer is not at fault in the failure to record said
easements and Mr. Okazaki believes the developer should not
be penalized by holding the bond any longer. The bonds for
these tracts are:
Bond No.
Bond Amount
915151
$81.,100.00
915152
27,000.00
090952
93,000.00
FINANCIAL CONSIDERATIONS
Bonding Company
Highland Insurance Co.
There is no cost to the City for this action.
ALTERNATE ACTIONS
1. Release the bonds as requested by the developer.
2. Do not release the bonds as requested by the developer.
3. Request further study by staff.
RECOMMENDATION:
By motion, release the Performance Bonds as requested by the
developer, Leadership Housing, Inc.
Respectfully submitted,
L�.( �
W. D. Murphy
WDM:RC:rm
FOR CITY COUNCIL AGENDA
...3.
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7.2400 PAS8O'. A06LAN
SAN JUAN pCAMISTRANO, CALIFORNIA 92675 •,p
• HONE 49��117
July 11, 1977
Ms. Diana Gervais
Leadership Housing Systems, Inc.
P. O. Box 5010
Santa Ana, CA 92704
Dear Ms. Gervais:
Release of Bonds
Tracts 8325 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. ,SURPHY
Director of 'Public 1. rks/
City Engineer
WW. PC: cj
Enclosure
AGENDA ITEM
TO:
FROM:
SUBJECT:
SITUATION:
r
October 20, 1976 4
James S. Mocalis, City Manager
W. D. Murphy, Director of Public Works
RELEASE OF BONDS - TRACTS 7972 and 8325 (LEADERSHIP HOUSING)
The City is holding bonds on subject tracts in the total amount of
$178,260.00. The improvement bonds are being held pending the
resolution of the construction along Ortega Highway.
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 8325 and Right -of -Way Acquisition Bond No. 915150
on Tract 7972. The monumentation has been completed and the right-
of-way has been obtained. These two bonds are included in the total
amount of $178,260.00.
FINANCIAL CONSIDERATIONS:
The release of these bonds, for work completed, will increase
Leadership's bonding capacity a like amount.
ALTERNATE ACTIONS:
1. Accept the monumentation, and exonerate monumentation
Bond No. 090953 on Tract No. 8325, and exonerate Right -
of Way Acquisition Bond No. 915150 on Tract No. 7972.
2. Do not accept the monumentation and do not exonerate
Bond No. 090953 on Tract No. 8325 or Bond No. 915150
on Tract No. 7972.
3. Request further information from Staff.
RECOMMENDATION:
By motion, accept the monumentation for Tract No. 8325 and exonerate
Monumentation Bond No. 090953 and exonerate Right-of-way Acquisition
Bond No. 915150 on Tract No. 7972.
Respectfully submitted,
. 4D. Mur
FOR CITY COUNCIL AGENDA
BOND No. 090953
KNOW ALL DT N BY THESE PRESENTS:
LEADERSHIP HOUSING SYSTEMS, INC.
That we, as
Principal and the ARGONAUT INSURANCE COMPANY a
Corporation, created, organized and existing and by virtue of the laws of rho
State of CALIFORNIA , and duly licensed to transact
a general surety business in the State of California, as Surety, are held and
firmly bound to the City of San Juan Capistranot to of California,
in the sum of ONE THOUSAND NINE_ HUNDRED SIXTY ANDOO/100$.19t01LLARS, lawful
money of the United States of America to be paid to the said
, for which payment, well and truly to be made, we Dino
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 date, to -wit:
TRACT MONUMENTATION ON TRACT 8325
NOW, THEREFORE, 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 perform all the work described in said agree-
ment and in accordance with the plans and specifications approved for said work,
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 carelessness
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 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 WHEREOF said Principal and Surety have c psed this bond tq be executed
by their officers thereunto duly authorized this bth day of August
197 3 /1
The premium on this bond is
4
LEADERSHIP,HODSING/gXSTEMS, INC.
Principals
BY: III
✓ " ASSISTANT SECRETARY
Surety
ARGONAUT INSURANCE COMPANY
BY .r P.L L7.tyv, .cam
Janice A. Minnick, ATTORNEY IN FACT
State of California
as:
County of Orange 111171
On this 16th day of August 19 73 , before me
personally appeared Janice A. Minnick
known to me to be on Attorney. in. Fact of Argonaut Insurance Company, the corporation described in the within
instrument, and he acknowledged to m, that he executed the within instrument as the act of the said Argonaut
Insurance Company in accordance with authority duly conferred upon him by said Company.
:.
OFFICIAL SEAL
IIII I A
T1NTO 1R.
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NU;ARY PC.
CALIFORNIA
PRINCIPAL OFnICE 'N
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ORANGE COUNTY
Aly C^mmisslan
Expires July 5 1977
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NOTARY PUBLIC
Commission Expires
STATE OF CALIFORNIA
ss.
COUNTY OForaI1Qe
On August 17F 1973 before me, the undersigned, a Notary Public in and fa
said State, personally appeared T.nn B_ Rubin
known to me to be AxeCi. Via® president, and Marvin J. Gebler ,
known to me to be the Assts Cant Secretary of the corporation that executed the within instrument,
and known to me to be the persons who executed the within
instrument on behalf of the corporation therein named, and ac-
knowledged to me that such corporation executed the within
instrument pursuant to its bylaws or a resolution of its board of
directors.
WITNESS my hand and official seal.
Signature • LAslr�
�jaripn Paarann
Name (Typed or Printed)
•♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦SEAL♦♦♦♦
♦ OFFICIAL SEAL
MARION PEARSON
LNOTARY PUBLIC - CALIFORNIA
♦ ORANGE COUNTY
• My Commission Expires Oct. 12, 1976
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(This Area fw eftiol nateri.1 wap