Loading...
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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 15 16 17 18 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