1974-0225_LEADERSHIP HOUSING SYSTEMS_AgreementA G R E E M t N T
THIS AGREEMENT, made and entered into this Z.5 day ofI—E[�jQUA&r,,
19Z4 -by 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:
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. 7626 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. 7626 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.
7626 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. 7626" are
hereby referred to and made a pert 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 One hundred fifteen thousand dollars
said bond to be approved by the CITY.
,3. Itis 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 ali 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 shaTl complete said work within 369 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 iAstrum2nt U rst
above written.
ATTEST:`
I
r
City Clerk
A New
BY: I ./'J1ffjI
CITY' -M SAN XUAN CAPISTRANO
By:
or
TO c O
(Corporation)
STATE OF CALIFORNIA
COUNTY OF Orange } SS.
On February 1, 1974 before me, the undersigned, a Notary Public in and for said
State, personally appeared Allen M. Condon
known to me to be the Vice President, and Barry Brief
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 and official seal.
Signaturen��
Diane Kraisa
Name (Typed or Printed)
i.,�`, OFFICIAL SEAL
A(gmN DIANE KRAJSA
NOTARY PUBLIC -
� JY NIA � C.Rq NGE COUNUNTY �
• My Commission Expires Nov. 26,1977*
(TWc ana Nr official ft~al Been
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AGREEMENT
This AGREEMENT made and entered into this 7,_5-A day
of ( c 8(1(1API11 , 1974, by and between
The CITY OF SAN JUAN CAPISTRANO, a Municipal Corporation,
hereinafter referred to as:
"CITY"
m
LEADERSHIP HOUSING SYSTEMS, INC., a New York corpora-
tion, hereinafter referred to as:
"LEADERSHIP"
A. LEADERSHIP is developing certain property in the
CITY of San Juan Capistrano, known as Tract 7626, and in con-
nection therewith is obligated to install certain off-site street
improvements.
B. The easement for such street improvement is cur-
rently 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 7626.
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:
I NOW, THEREFORE, in consideration of the mutual cov-
2 enants herein contained, it is agreed as follows:
3 1. LEADERSHIP will initiate and carry to conclusion
4 any necessary action to acquire the easements for street and
5 highway purposes on, under, over and across the real property of
6 Ramarco Realty.
7 2. In event that the CITY enters into action under
8 Eminent Domain, LEADERSHIP will pay to CITY any and all amounts,
9 arrived at by either judgment or negotiations, attributable to
10ll the acquisition of said easements for street and highway purposes
111 and will pay directly to City Attorney all amounts due because
1211 of attorney's fees and costs.
1311 IN WITNESS WHEREOF, the parties hereto have executed
14 II this AGREEMENT as of the day and year hereinabove written.
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CITY OF SAN JUAN CAPISTRANO
19 J
LEADERSHIP H NG SYS S, INC.
20
21 By_
+ 22 Al en M. Con on, Vice Fresi ent
23
24 BY
David R. Carmichael
25 Assistant Secretary
` 26 "LEADERSHIP"
ATTEST:
27
7
23
City Clerk of the City of
San Juan Capistrano
TO 449 C O
(COrpS110C8Elnp)
STATE OF CALIFORNIA
COUNTY OF
Orange SS.
On February 20, 1974 before me, the undersigned, a Notary Public in and for said
State, personally appeared Allen M. Condon
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. OFFICIAL SEAL
WITNESS my hand and official seal.
Signature ,6- �/y.nsie4/�^��✓
Diane Kraisa
Name (Typed or Printed)
+ DIANE KRAJSA n
i NOTARY PUBLIC -CALIFORNIA i
e ORANGE COUNTY e
My Commission Expires Nov. 26,1977:
♦��e ee ����e���HNe�eeHNe Ne
(This me for oM.W noty M ooWl
AGENDA ITEM August 18, 1976
TO: James S. Mocalis, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Release of Bonds, Trac 7626 (Leadership)
SITUATION:
Subject release of bonds was referred to City Council on August 4, 1976.
Council heard testimony from the Sun Hollow Homeowners Association
regarding items that the homeowners felt required attention by the
developer prior to release of bonds. The Council subsequently held
the item to August 18, 1976.
The bonds that have been requested to be released cover the public
improvements. These improvements have been inspected and found to
be satisfactory. The improvements with which the Sun Hollow Home-
owners Association find argument are all improvements on the private
areas of the tract. Of the items put forth in Mr. Twyman's letter of
July 28, 1976 (see attached letter) the first two are located in
Tracts 7972 and 8325, on which the City is holding bonds in excess of
$200,000. The third item in Mr. Twyman's letter concerns a private
street in Tract 7626, which is not covered under the bonds that have
been requested to be released.
On August 12, 1976, Staff met with representatives from the Sun Hollow
Homeowners Association, Leadership Housing and the County to discuss
the problem of the private street construction. Mr. Miles Anderson,
of Leadership Housing, said that he would review the situation with
his paving contractor and determine the best way to remedy the situ-
ation. Mr. Anderson is also going to look into two sump areas, some
landscaping areas and irrigation lines, all within Tract 7626.
There remains the problem of sidewalk, drainage, street lights and
appurtenant structures along the Ortega Highway in Tracts 7972 and
8325 on which Staff is working with the Developer, the State, and the
Homeowners Association. Upon completion of this work to the satis-
faction of all concerned, the Developer will request exoneration of
the bonds on Tracts 7972 and 8325, which are being held by the City.
FINANCIAL CONSIDERATIONS
There is no cost to the City for release of these bonds, other than
Staff time and effort to complete the necessary steps required by
releasing bonds.
FOR CITY COUNCIL AGENDA ..
James S. Mocalis, City manager
Release of Bonds, Tract 7626
August 18, 1976
Page 2
ALTERNATE ACTIONS:
1. Exonerate the bonds on Tract 7626.
2. Do not exonerate the bonds on Tract 7626.
3. Request further information from Staff.
RECOMIENDATION:
By motion, accept the public improvements resulting from Tract 7626,
require an extension of the Faithful Performance Bond to July 30, 1977,
and exonerate the Labor and Material Bond and the Monumentation Bond.
Respectfully submitted,
W. D. Murphy
WDII: JN: rm
Encl.
Sunllollow llomaoHners Association
RECEIVED 27651 Sumrrarf)cld Lunn
San duan Cullistrano, Ca. 92675
Aub 2 12 20 P917G July 28, 1976
CITY OF
City of San S%SnItWlistrano
Planning !?E„"a)Hdcil.tNf}
Mr. Thorias '-Terrill
32!00 faseo Adelanto
Srai Juan Capistrano, Ca. 92675
Bear Mr. l..errill:
We at SunF"ollow have -three definite areas which
we feel need a^propriate correction bofore the developerts
bond is released.
Item 1: Inadequate sprinkler coverage in the i
front lawn area but.:een Ortora Nighwav and the houses.
Landscape rrehitects a:d g,arder"era have stated that eight
to ten pore 45 -foot radius pop -away rainbird sprinklers or
their equivalent are needed for Proper coverage.
Item 2: Poor landscaping in front. along Ortega
Highivs.y side of the convorted model complex and the two
adjacent hou3os (Phase 3 B). Also Poor drainace and possible
leaks in underground irrigation sTztem in this area.
Item 3: The private street (cul do sac from
27602 to 27632 `.ornin�star Lanc) in the final ph.^.so (3B)
has many patched areas ala so^.tas to need re-surfaci-F and
staling. It looked like a patch6d up old street when first
opened for use just three worths ago.
Your cooperation, in the -so matters will be
appreciated.
voux's very truly,
Sunliollow llomeowrors Association
it _
c/c Doug rash, )favor` �� itili•N)�
City of Sar. Juan Capistrano l.9�ilttLC/��
AGENDA ITEM August A, 1976
Date
TO: James S. Mocalis, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Release of Bonds on Fact 7626 (Leadership)
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 comple_ed and accepted by the City Inspector.
The Notice of Completion has been recorded. The monumentation is
completed and the engineer has been paid for services rendered.
The bonds for this tract are:
Bond No. Bond Amount . Bonding Company
Faithful Performance $1152000 Argonaut Ins. Co.
Labor & material 57,500 " "
Monumentation $ 33080 "
FINANCIAL CONSIDERATIONS:
There is no cost or compensation to the City for this action.
ALTERNATE ACTIONS:
1. Accept the public improvements resulting from Tract
No. 7626 , require an extension of the Labor and
Material Bond to July 30, 1977 , and exonerate the
Faithful Performance Bond and the Monumentation Bond.
2. Do not accept the public improvements resulting from
Tract No. 7626 and do not release the bonds.
3. Request further study by Staff.
RECOMMENDATION:
By motion, accept the public improvements resulting from Tract
No. 7626 , require an extension of the Labor and Material
Bond to July 30, 1977 , and exonerate the Faithful Performance
Bond and the ,Monumentation Bond.
Respectfully submitted,
L[n, �P,
W. D. Mur
BOND NO. 091540
KNOW ALL ;=N BY THESE PRESENTS:
That we, LEADERSHIP HOUSING SYSTEMS, INC. as
Principal andthe AKbUNAU1 INSURANCE COMPANY 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 State of California,
in the sum of ONE HUNDRED FIFTEEN THOUSAND AND NO/100 ($115,000 .)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 Dind
ourselves, our heirs, executors and successors, jointly and severally.
THE CONDITION OF THL FOREGOING OL'LIGATION 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:
INSTALLATION OF STREET IMPROVEMENTS, STORM DRAIN FACILITIES,
STREET LIGHTING SYSTEM, SANITARY SEWER SYSTEM TO SERVE TRACT NO. 7626
NOW, THEREFORE, the condition of this obligation is s $ANtJ� N1CA IJT HN��den
Principal shall, to tree satisfaction of said
faithfully and properly Perform all the work described in said agree-
ment and in
accordance with the plans and specifications app midjor said work,
AN Jh ICKAysums due for all damages suffered by the II _
NO by reason of faulty or defective work or the carelessness
or negligence 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 renain 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 this 1St day of February
, 197 4.
The premium on this bond is
1 LEADF,RSHIP PqUSING SYSTEMS, INC.
BY
Janice A. Minnick, ATTORNEY IN FACT
TO C O
(Corporation)
STATE OF CALIFORNIA
COUNTY OF Orange SS.
TOn Fahrnnry 1, 1974 before me, the undersigned, a Notary Public in and for said
State, personally appeared Allen M. Condon
w known to me to be the Vice President, and Marvin J Gebler ,
a istant
W known to me to be AssSecretary of the corporation that executed the within Instrument,
= 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
F
a instrument pursuant to its by-laws or a resolution of its board
of directors. �e ee��He��e�e��eeee Hl�N9��♦
o AL
WITNESS my hand and official seal. OFFICIAL SE
DIANE KRAIAL
NOTARY PUBLIC -CALIFORNIA
Signature � ORANGE COUNTY
My Commission Expires Nov. 26, 1977:
Diana Kra3 s;a
Name (Typed or Printed)
MI. are. for .0.1.1 notertel reel)
State of Califomia
County of Orange Its:
On this
1st
day of February 19 74 , 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 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.
(C 1 C. I tii;i s� JR.
IN
L..� E. 1977
My Commission Expires
FID. eel
NOTARY PUBLIC
SUBDIVISION IMPROVEMENT BOND
LABOR AND MATERIAL (CALIFORNIA)
KNOW ALL MEN BY THESE PRESENTS:
BOND NO. 091540
PREMIUM IneZ. In perform.
That we, LEADERSHIP HOUSING SYSTEMS, INC. as Principal, and the
ARGONAUT INSURANCE COMPANY a Corporation organized
and existing under the laws of the State of California, as Surety, are held
and firmly bound unto the CITY OF SAN JUAN CAPISTRANO
for the use and benefit of any and all persons entitled to file claim under
Section 11612, Business and Professions Code of the State of California, in
the sum of FIFTY-SEVEN THOUSAND FIVE HUNDRED AND 00/100 Dollars
( $57,500.00
), for the payment whereof, well and truly to be made,
said Principal and Surety bind themselves, their heirs, administrators,
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that WHEREAS, the Principal entered
into a certain Agreement or Contract with the Obligee, dated day of
February 19 74 wherein the Principal has agreed to complete the
following improvements:
INSTALLATION OF STREET IMPROVEMENTS, STORM DRAIN FACILITIES,
STREET LIGHTING SYSTEM, SANITARY SEWER SYSTEM TO SERVE TRACT NO. 7626
as more fully set forth in said agreement.
NOW, THEREFORE, if the Principal shall pay Contractor, his subcontractors, and
persons renting equipment or furnishing labor and materials to them for the
improvement then this obligation shall be null and void; otherwise, to remain
in full force and effect.
THE AGGREGATE LIABILITY of the Surety for any and all claims hereunder shall in
no event exceed the sum specified in this bond.
TIME FOR FILING SUIT on this bond shall be limited to six (6) months from date of
4 completion of said improvements as "completion" is defined under applicable sections
of the Civil Code of the State of California.
Signed and sealed this Z6th day of February 1974
ADER F{ P USING V$TM ARGONAUT INSURANCE COMPANY
/Surety
Janice By..i C -
i
nice A innick, Attorney -in -Fact
TO C
OFFICIAL SEAL
(Corporation)
O
STATE OF CALIFORNIA
vOIANY FJp;L IC CALIFORNIA
COUNTY OF Qrange SS.
PRINC.'AI OFFICE IN
On FPbruuaary 26 1974 before me, the undersigned,
a Notary Public in and for said
State, personally appeared Allen M. Condon
al known to me to be the Vice President, and
Marvin J. Gebler
known to me to be Assistant Secretary of the corporation that executed the within Instrument,
to me to be the persons who executed the within
Nknown
dInstrument 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
eeeeeeee♦ecce♦ecce Nee♦N eeN•
of directors.
a OFFICIAL SEAL
WITNESS my d and official seal.
e KRAJSA r
mDIANE
m NOTARY PUBLIC - CALIFORNIA
♦ ORANGE COUNTY e
Signature -'
My Commission Expires Nov. 26,19770
1
♦e••e♦♦leeeeeeeeee0♦eeeeeeoeeo
Diane Krajsa
Name (Typed or Printed)
(Tn6 me for .0.1st netadm real)
State of California
County of Orange
On this
26th
day of
February
19 74 , 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.
My Commission Expires
NOTARY PUBLIC
OFFICIAL SEAL
WILLIAM C. TiiOINTON, JR.
vOIANY FJp;L IC CALIFORNIA
PRINC.'AI OFFICE IN
ORANGE COUNTY
My �_,mmission Expires July 5, 1977
My Commission Expires
NOTARY PUBLIC
L
V
BOND NO. 091539
KNOW ALL ;;EN BY THESE PRESENTS:
That we, LEADERSHIP HOUSING SYSTEMS, INC. as
Principal and the ARUUNAUT INSURANCE COMPANY e
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 State of California,
in the suit, of THREE THOUSAND EIGHTY AND NO/100 ($3,080.00) DOLLARS, lawful
money of the United States of America to be paid to the said CITY OF
SAN JUAN CA,PISTRANO , for which payment, well and truly to be made, we oind
ourselves, our heirs, executors and successors, jointly and severally.
THE CONDITION OF THL 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 FOR TRACT NO. 7626
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 v-ork,
and shall pay all sums due for all damages suffered by the CITY OF
SAN JUAN,CAPISTRANO by reason of faulty 'or clef ective.work or the carelessness
or negligence 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 caused this bond to beiexecuted
by their officers thereun4o duly authorized this ISt day of February
197
The Wtbum on this bond is
I LEAPERSHIPIHOUSING SYSTEMS, INC.
Sure
BY
anice A. Minnick, ATTORNEY IN FACT
TO C O
(Corporation)
STATE OF CALIFORNIA l
COUNTY OF Orange } SS.
tOn February 1, 1974 before me, the undersigned, a Notary Public in and for said
State, personally appeared Allen M. Condon
w known to me to be the ViCe President, and Marvin J. Gebler ,
known to me to be Assistant Secretary of the corporation that executed the within Instrument,
W known to me to be the persons who executed the within
u 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 •�••••t1•eHNeeeeeNNe1�01N
of directors. s OFFICIAL SEAL
WITNESS my hand and official seal. ; C DIANE KRAJSA r
a NOTARY PUBLIC - CAUFQRNIA a
i ORANGE CO3jNTY e
t y +
Signature • "++ter`° My Commission Expires Nov. 26, 197711
•e�•e•••eO•eee•1�•e•e••O♦•�••e
ame ype oPrinted)
(This arae for of vial notarial soon
Stats of Callfomla
County of Orange �aa,
On this
1st
day of February
19 74 , 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.
FID -eel
My Commission Expires
NOTARY PUBLIC
V) ) I U,tl C.
,V ' ION, J,
I V r -a
( SOHib IP
�i�
oI:Tr1Qe
CU'J PI IY'
Q]7
FID -eel
My Commission Expires
NOTARY PUBLIC
BOND NO. 091678
KNOW ALL IN;EN BY THESE PRESENTS:
That wc, LEADERSHIP HOUSING SYSTEMS, INC, as
Principal and. the ARGONAUT
e
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 State of California,
in the sum of TWO THOUSAND AND NO/100 ($2,000.00) DOLLARS lawpul
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 oind
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:
ACQUISITION OF OFFSITE RIGHT-OF-WAY REQUIRED IN
CONNECTION WITH TRACT NO. 7626
NOW, THEREFORE, the condition of this obligation
OF SAN JUAN if
b�1�laden
Principal shall, to tiie satisfaction of said
faithfully and properly per,`:orm all the work described in said agree-
ment and in accordance with the plans and specifications approved for ai' d0York,
and shall pay all sums due for all damages suffered by the 11 Y Y
SAN JUAN CAPISTRANO by reason of faulty or defective work or the carelessness
or negligence 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 1411EREOF said Principal and Surety have, caused this bond to be*executed
by their officers thereunto duly authorized this 19thday of 'February
, 1974 .
T�I,Fb8mium on this bond is
Pring.., LEADERSHIP HO'US^ SYSTEMS, INC
Surety QjRGAUT INSURANCE COMPANY
BY
anice A. Minnick, ATTORNEY 'IN FACT
TO 449 C
(Corporation) O
STATE OF CALIFORNIA
COUNTY OF Orange SS.
On Feb. 19 1974 before me, the undersigned, a Notary Public in and for said
State, personally appeared Allen M. Condon
w known to me to be the Vice President, and Marvin J. Gebler
X known to me [o be Assistant Secretary of the corporation that executed the within Instrument,
X
W 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
instrument pursuant to its by-laws or a resolution of its board
of directors. Aloe �ee�HeeNee♦♦eNlee et le<!
�...: OFFICIAL SEAL
4
WITNESS my hand and official seal. < DIANE KRAISA
'^J [� e NGTARY PUBLIC - CALIFORNIA
Signature 1.2 to <Ii / t ./.Q� e N QRANGE COUNTY
j 7W My Commission Expires Nov. 26, 1977*0
•��!!!♦ee!!e••o!!•!t♦e!eleeeee
Diane Krajsa
Name (Typed or Printed)
(illi. ¢<e for 4eNd n9tertol rwU
State of California )
County of Orange )ss:
On this 19th day of
February
personally appeared Janice A. Minnick
19 74 , before me
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.
UI F/I�(_ Iy;" Tr TA' Lp'
;;�ii,L I SAM C. Ifll lili�Y ON, JR. NOTARY PUBLIC
Ph�IJ. I`.91 7'CE IN
°I ORANGE COUNTY
E"pIFS Jul,, E. 1977 My Commission Expirez
3�A00 PASEO AOElANTO� j
SAN J 1i �APIiTRANO� CAL FORNIA 92675
HONE493.117Y1 £
March 14, 19.78
Diana Gervais
The Housing Group
3501 South Harbor Boulevard
Santa Ana, California 92704
Re: Release of Improv
of Partial Bond -
Dear Miss Gervais:
`� -orcf-
--
d_?9.7
-41 6 -elm
✓npw Y�Enc. �i M � l a� t �
w (-,cn
ment Bonds and Acceptance
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; -Tiz X17
3.
Released
Performance Bond No.
090952. )
The Bonds which were released are enclosed herewith.
Thank you for your cooperation.
Very truly yours,
(MRS) MARX/ANN HANOVER
City Clerk
MAH/cj
Enclosure
cc: Director of Public Works
6/9/77
Leadership Housing Systems,
Agreement No. 23, Tr. 7972-7626
Per Dick Heffner, Public Works,
Jim Okazaki, City Attorney, has
requested that the bond not be
released at this time, as there is
some work that has not been
completed.
cd
7/9/77 -
N 1, 4 ;
�l� r, i �rrr ,�rarr ( �rdGr�cya�
I 32400 PASEO ADELANTO 1
SAN JUA,eN, CAPISTRANO, CALIFORNIA 92675
�*'1'116NE 493.1171
December 14, 1982
Ms. Diane Gervais
The Housing Group
18831 Vardeen Avenue
Irvine, CA 92715
Re: Sidewalk and Landscaping Improvements; Ortega
Highway, Tracts 7972 and 8325
Dear Ms. Gervais:
In March 1978, The Housing Group (then Leadership Housing),
posted a $25,000 bond with the City of San Juan Capistrano
for future landscaping and sidewalk improvements to Ortega
Highway adjacent to the subject tracts. The City recently
received Caltrans approval for a project along Ortega Highway
which includes curb, qutter, sidewalk, soundwall landscaping
and an equestrian/hiking trail.
The Engineer's estimate for this project is $173,000. We
anticipate work on the project to begin around January 15,
1983. Therefore, it is now appropriate for The Housing
Group to provide the City with the $25,000 obligated for the
sidewalk and landscaping improvements. Transmittal of the
funds within the next 30 days is requested. Upon receipt of
the money this office will immediately release your bond
obligating you for the improvements.
Thank you for your patience in this matter, and if this
office can be of further assistance, please contact either
Mr. C. M. Bryant or myself.
Very truly yours,
CITY OF SAN JUAN CAPISTRANO
M. LohU/, �Ufn
Jr.
City Engineer
GML:CMB/rem
cc: Records Coordinator
5t (
;d00 PASp0 AOF'LLA'NTO� '
5AN JUAN (� PISTHANO,CAI.I(ORNIA SZ673
aJ
')
July 18, 1977
Ms. Diana Gervais
Leadership Housing Systems, Inc.
P. 0. Box 5010
Santa Ana, CA 92704
Dear Ms. Gervais:
Release of Bond
Tract 7626
On August 18, 1976, the City Council of San Juan Capistrano
released the Labor and Material and Monumentation Bonds for
public improvements for Tract 7626. They also required an
extension to July 30, 1977 of the Faithful Performance Bond.
The Faithful Performance Bond will, therefore, be released ;
as of July 31, 1977. This letter is your notification of
the release of the Bond.
Very truly yours,
CITY OF SAN JUAN CAPISTRANO
W. D. -
6 ;1U Y Zorks/ Director of Public
City Engineer
MDM:RC:cj
M `-
A G R E E M e N T
THIS AGREEMENT, made and entered into this 25day of F-ig L)Ar..y,
19'74'by and between Leadership !,ousino Systems, Inc. hereinafter designated
.ew Yorc Corporation
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. 7;-,( 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. 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.
—7,,2(- " 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.. 7626" 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 one hundred .ifteer. 4iou.sand dollars
said bond to be approved by the CITY.
F11,6-
7-X 76 z4
TO 999 C
(Corporation)
STATE OF CALIFORNIA
COUNTY OF Orange T SS.
On February 1. 1974 before me.
State, personally appeared Arlen M. Com
the undersigned, a Notary Public in and for said
known to me to be the Vice President, and Barry Brief
known to me to be Assiatant 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 bylaws or a resolution of its board
of directors.
WITNESS my hand and official seal.
Signature- �•S=2n
Name Wea or Printed)
w_
OFFICIAL SEAL
. r.DIANE KRA15A i
_ NOTARY PUBLIC - CALIFORNIA
. / ORANGE CL)UNIY is
1
My Commission Expifas Nov. 26,1977 00
(Tole area for official notarial reap
i
17-1
3. It is mutually agreed that the work herein required to be done
i
by the SUBDLVIDER shall on the written request of the SUBDIVIDER made to
I
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 �T 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, i,r+;rcr^,L k; ;,wisii,� ,a;tsi5, Inc A !,n fori Ccr;,oration
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 thi instrum f' t
LEADERS' �y1 �j�k'
above written. A':ew YbZ2��ratR�l
ATTEST:
' !✓ LZ7w(
City Clerk
EY:
CITY AI;SAN JUAV CAPISTRANO
By:
ayor
TO 648 C
(Corporation) O
STATE OF CALIFORNIA
COUNTY OF Orange I SS.
On Feb. 19. 1974 before me, the undersigned, a Notary Public in and for said
State, personally appeared Allen M. Condon
w known to me to be the Vice President, and Marvin J. Gebler
w known to me to be Assistant
'r Secretary of the corporation that executed the within Instrument,
w known to me to be the persons who executed the within
a Instrument on behalf of the corporation therein named, and
i acknowledged to me that such corporation executed the within
In instrument pursuant to its by-laws or a resolution of its board
of directors. ♦���Ns��e�o��l�HeeeNHHee•
WITNESS my hand and otfcial seal.0AMYCommimsi,eEs,ue,No�
OFFICIAL SEAL 41,DIANE KRAJSA ;
NOtARY PUBLIC -CALIFORNIA eSignature aALect r eORANGF COUNTYys.s♦.............. ♦......70
Diane Kraisa
Name (Typed or Printed)
(This area for official notarial seal)
State of Califomia )
ss:
Orange r
County of g ))
On this
19th
day of
February
19 74 , before me
personally appeared Janice A. Minnick
known to me, to be an Attorney -in -Fact of Argonaut Insurance Company, the corporation described in thewithin
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.
,.v....�'.KL
1-1-dMi C. i, GRNTON, JR.
glR atY o ?LC CALIrORNIA
a,ANGE COUNTY
My Commissiea Ezpires July 5, 1977
My Commission Expires
NOTARY PUBLIC
BOND NO. 091678
KNOW ALL ;X N BY THESE PRESENTS:
That we, LEADERSHIP HOUSING SYSTEMS, INC. as
Principal and. the ARGONAU- e
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 State of California,
in the sum of TWO THOUSAND AND NO/100 ($2,000.00) 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 oind
ourselves, our heirs, executors and successors, jointly and severally.
THE CONDITION OF TIE 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.. 7626
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 perfo rni all the work described in said agree-
ment and in accordance with the plans and specifications approved for Ciliv,or, k,
and shall pay all sums due for all damages suffered by the
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 WIT% -"S 1411EREOF said Principal and Surety have, caused this bond to be'executed
by their officers thereunto duly authorized this 19thday of 'February
, 1974 .
L�
T�irESp��mium on this bond is
� •AA
r
Principes /j LEAgERSHYP HOl'61i4'G SYSTEMS, INC.
Surety kAWANAUT INSURANCE COMPANY
BY `
Janice A. Minnick, ATTORNEY IN FACT