1974-0429_U.S. DEVELOPMENT CORPORATION_AgreementAGREEMENT AND CONSENT TO JUnGr.1ENT
THIS AGREEMENT AND CONSENT TO JUDGMENT between the City of San Juan
Capistrano, herein called CITY, and U. S. DEVELOPNIENT CORPORATION, is as
follows:
RECITALS
A. U.S. DEVELOPMENT CORPORATION is the owner and developer of
certain real property in the City of San Juan Capistrano, California,
designated as tentative subdivision #7387.
B, U. 5, DEVELOPMT CORPORATION urgently desires to proceed with
the development of said subdivision into a residential community and, to
expedite said development, begin the construction of four (4) model
residences to attract the public and demonstrate the nature of quality of
of the homes which will be for sale in the community.
C. The final tract map for Tract.8128 has not yet beea placed of
record. To secure CITY'S permission to proceed with the construction of
said model residences before said final map is filed, U. S. DEVELOPHENT
CORPORATION hereby agrees and consents as follows:
AGREEMENT AND CONSENT
1. CITY has indicated that upon otherwise complying with applicable
laws, rules and regulations, U. S. DEVELOP11ENT CORPORATION may secure such
building and other permits as are required by CITY for the construction of
model residences on Lots 52, 53, 54 and 55 of proposed final tract map 8128
before the final map of said tract has been placed of record.
2. As a condition to giving such permission CITY requires and U. S.
DEVELOPMENT CORPORATION agrees to post financial security with the CITY,
in such form and amount as is acceptable to the CITY, to assure compliance
with the provisions hereof. U. S. DEVELOPMENT CORPORATION further agrees
that unless the final subdivision map for Tract 8128 is placed of record
in conformity with law and existing regulations within six (6) months
from the date hereof, THE CITY OF SAN JUAN CAPISTRANO my recover
against the aforesaid financial security and/or may take judgment against
U. S. DEVCLOMENT CORPORATION in auy court of competent jurisdiction and
obtain a mandatory injunction authorizing CITY to enter upon said real
e 0
property, remove said residences and other related improvements, and
restore said property to its present condition. Said judgment may also
provide that U. S. DEVELOPMENT CORPORATION will bear the reasonable cost
of such removal and restoration, any and all costs and attorneys' fees
incurred by CITY in the prosecution of its rights hereunder, and pay the
same upon demand.
3. The consent to judgment given herein is unconditional and
irrevocable and shall bind the transferees, successors and assigns of
U. S. DEVELOPMENT CORPORATION.
4. Upon the filing of the final subdivision map for Tract 8128,
Village San Juan, this agreement and consent shall terminate without the
further act of either party and be of no further force or effect.
5. This AGRMWT AND CONSENT shall be effective on and after
April 29, 1974.
CITY OF SAN JUAN CAPISTRANO
iry� -
i itv
ty Manager
(acknowledgment) U. S. DEVELOPMENT CORPORATION
By L; ��If4
ice P esi en
B
Secretary
(SEAL)
I
1. ... �
(Corporation)
@
STATE Of CALIFORNIA
SS.
COUNTY OF --- ORANGE
On Ar,H1 M- 197A hd.��, tk� urtd,,.i,a�d,
. No,., Pabli. in ad far aid
St.t,, 11, Bruce J. M,
at
t. be th�— Vice P,,.i,],nt, and
R- W- Mi,h,,Dl,
to In, ,� b, S"Feta, of tlt�
61 fl.� �ifl,in Inmnt.u,nt,
kn,)%,n to nic to lie 6, 1 ..... a, � .. . .. "'Ied 1h, �nhi�i
.. . . ... ....... -i, ,,A
ark .... .0 "1" 11111 -11� 11,,ul.d 1h. id—
itt'j"In"n, ptll.�nj ,, it� b, L�� -r .... .. I it, 1,,.,,d
III h.,d an,] ff"W en,7)
- - - - - - — - - - - —
r < OFFICIAL SEAL
LINDA I. SCIIIMM
N.1�1 P.1,4 C.I.f .. 1.
ViZANGE COUNT'r I
--jaiLT11111- �Ilqc
L API -11 j.0 V7!. _j
L
Nitro, I F,,,J P, inl,d)
I
0
( EDF1111-INIAN'S .............
FUND ...
AMERICAN
"'51' A ANCE COM PAN I is ... 1
Bond
Premium: $340.00
KNOT? ALL MEN BY THESE PRESENTS, That, U.S.Development Corporation and The
Amercian Insurance Company, a corporation, existing and organized under the
laws of the State of New Jersey, and authorized to transact surety business in
the State of California, as Surety, are held and firmly bound unto City of San
Juan Capistrano in the venal sun of Seventeen Thousand and NollOO ($17,000.00)
Dollars, lawful money of the United States, for payment whereof well and truly
to be made, .,a hereby bind ourselves, our heirs, executors, administrators,
successors and assigns, jointly and severally firmly by these presents.
THE CONDITION OF TEE FOREGOING OBLIGATION IS SUCH THAT:
WHEREAS, under an A areement and Consent to Judgment dated April 29, 1974,
Principal desires to beRin construction of four (4) model residences on
Lots 52, 53, 54 and 55 of proposed final tract map 8128 before final map of
said tract has been placed Of record, and
WHEREAS, under said &Preement and Consent to Judement, Principal, ts�tyees
that unless the final subdivision map for Tract 8128 is placed of record in
conformity with law and existing re7,alatians within six (6) months from
the date hereof, it will remove said residences and other related improvements,
and restore said property to its present condition.
NOW THEREFOItE the condition of this obli�ation is such that if said Principal
will remove said residences and other related improvements, and restore said
property to its present condition in the event the final subdivision map for
Tract 8128 is not placed of record within six (6) months from the date hereof
than this obligation to be void: otherwise, to remain in full force and effect.
Signed, sealed and dated: April 29, 1974
V. S. Development Corporation
By%
11
The Amercian Insurance Company
W. E. Crosby Atto7q-In-Fact
State .1 CAUFURNIA
County of I DRAVC-�F
On APRIL 29, 1974 . before me, . Notary Public in and far sund County ad Slarn. residing
therein, duly commissioned and sworn. Personally apterared W. E CROSBY
known to me to be Attorney in fact of THE AMERICAN INSURANCE COMPANY
the cor,,oretion desertbed in and that executed the w�lh,e and tnst,..,nt, and knew. 1. .. to be the ;,stoon who �.�ctttmd
the sad instrument in briself .1 thn acnd co,,orot�... and h. duly ck..wlId,cd to me that such co,Nonximn executed the same.
IN WITNESS WHERE017, I h�,, hetn.,to, , �-- I-- 1'111� — �' .11,e.t seat. the do, and year stated I. thi. ee,hfiontI ab.�..
M I L VI rq D. PF E L
1107MY 1`111111C - (,Vtl0RNl)%
My C ... ussimo r..,Nrcs - \�." A , vte �"� a
1:11CLIN --P-c4 (
OKV�'!L UNUNly Notary PublLC
1�
aFIREMAN'S
FUND
AMERICAN
INSURANCE COMPANIES
0
FIREMAN 5 FUND INSURANCE COMPANY
THE A M C RICAN INSURANCE COMPANY
NATIONAL SURETY CORPORATION
A 5 SOCIATED INDEMNITY CORPORATION
AMERICAN AUTOMOBILE INSURANCE COMPANY
HOME OFFICE SAN FRANCISCO CAI-IFORNIA
0
aond Na��R 7109963
SUBDIVISION MONUMENT BOND
(Faithful Performance and Labor and Materials)
KNOW ALL MEN BY THESE PRESENTS:
That U.S. DEVELOPMENT CORPORATION I as
and hereinafter referred to collectively as "Principal", and THE
AMERICAN INSURANCE COMPANY _, a corporittion organized and exi'sting under
the laws of the State of New Jersey , and duly authorized to
transact surety business in the State of California, as and hereinafter
referred to as "Surety", are held and firmly bound unto
CITY OF SAN JUAN CAPISTRANO , hereinafter referred to as
-i—heff—City", in the sun of Two Thousand Fo—u-Fff—undred
- - - - - - - - - - - - - - - - - - - - - - - - - - - D
for payment of which Principal and Surety bind
administrators, successors and assigns, jointly
THE CONDITION OF THE ABOVE OBLIGATION IS THAT:
oLiars t*z,4uu.uuww
themselves, their heirs,
and severally an follows:
WHEREAS, Principal has presented to the City Council of the City of
San Juan Capistrano_, for its approval, a Final Subdivision Map of
Tract No. 8128 , which said map carries the Engineer's or
Surveyor's certificate that the monuments will be set on or before a
specified later date; and,
WHEREAS, this bond is given to insure the setting of such monuments and
to guarantee payment to the Engineer or Surveyor for setting such monu-
ments in said Subdivision, and an a prerequisite for the approval of
said Final Subdivision Map.
NOW, THEREFORE, the condition of this obligation is such that if the
Principal shall cause such monuments to be met and shall pay the
Engineer for setting such monuments in the manner and within the times
specified in Business and Professions Code 1 11592, then this obligation
shall be null and void; otherwise, the Surety agrees to pay the same in
an amount not exceeding the amount of this bond.
PROVIDED, FURTHER, that In case suit to brought upon this bond by City
or any other person who may bring an action on this bond, a reasonable
attorney's fee, to be fixed by the Court, shall be paid by Principal or
Surety.
is WITNESS WHEREOF,
be duly signed and
19 74
Premium for this Bond
is $24.00 for Term
of Two Years
360045-12-66
Principal and Surety have caused theme presents to
seated this Ilth day of April 9
THE AMERICAN IN
(surety),
By*
14747Dicks, Attorney -in -Fact
e
U.S. DEVELOPMENT CORPORATION
(Princl
By: -7/Z
t
W
a
W
X
W
TO 449 C
(Corporation)
STATE OF CALIFORNIA
COUNTY OF ORANGE SS.
On April 15, 1974 before me, the undersigned, a Notary Public in and for said
State, personally appeared R. W. Michaels
known to me to be the ---------------- Y_ir_e__ President, and
known to me to be Secretary of the corporation that executed the within Instrument,
known to me to be the persons who executed the within
Instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the within
instrument pursuant to its by-laws or a resolution of its board
-1 1; -------
State of California� as:
County of Orange
M
Vale se, ... le'""
OFFICIAL"SE;L
If LINDA L. SCHIERSERL I
Notary Public. California I
MY Coaffifiliffil.. ORANGE COUNTY
aso cas . cas EWnhi
pril 3D 1976
.1. .. j
(This area for official notarial seal)
On April 11, 1974
therein, duly commissioned and sworn, personally appeared , before me, a Notary Public in and for said County and State, residing
GEORGE DICKS
known to me to be Attorney -in -Fact of The American Insurance Company
the corporation described in and that executed the within and foregoing instrument, and known to me to he the Person who exe,,ted
the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set myhand and affixed my official seal the d y an<
I Yea�,"ed in this certificate above.
OFFICIAL SEAL
My Commission Expires "IM?6/77D N TAMARKtN fie
N—O—T—Af—?Y--P—UB—LT,--CA-,TFORNIA
360212--fi-66 0. P10tarry Public
* I w PRiNCIPAL OFFICE l,4
0 ORANGE COUNTY
My commission Expires Sept. 26, 1977 se
a
i
7 1 0 0
FIREMAN E ICN. NEIRANIE C.NIANI Bond No._Aq._T1q2964
T M E AMERICAN INSURANCE COMPANY
NATIONAL SURETY CORPORATION Premium for this Bond
A550CIATED INDEMNITY CORPORATION
AMERICANAMERICAN ACTOMODILE INSURANCE COMPANY Included in Performance
N S U R A N C E C 0 M PA N I E S HOME DEVICE SAN FRANCIbCO CAI-IFORNIA Bond
SUBDIVISION LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:
That we U. S. DEVELOPMENT CORPORATION
as Principal, and
THE AMERICAN INSURANCE COMPANY
held and firmly bound unto CITY OF SAN JUAN CAPISTRANO
as Surety are
and to all persons as herein-
after provided in the sum of One Hundred Seventy-two Thousand and no/100 - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dollars ($172,000.00
lawful money of the United States, for which payment well and truly to be
made, we bind ourselves, jointly and severally, firmly by these presents.
The condition of the above obligation is such that, whereas said Principal
has been or is about to be granted a permit by the
— City of San Juan Capistrano for the subdividing and improving of a tract
of land pursuant to and described as Tract No.
(Ordinance Number)
8128 and as a condition precedent to the granting of such permit,
and pursuant to Section 11612 California Business and Professions Code, the
Principal is required to furnish a labor and material bond as herein
provided.
NOW, therefore, if said Principal or any contractor or subcontractor of said
Principal fails to pay for any materials, provisions, provender or other
supplies or teams used in, upon or for or about the construction of the
public improvements or performance of the work to be done, or for any work
or labor done thereon of any kind, in, on or about the above numbered tract,
said Surety will pay the same in an amount not exceeding the sum set forth
above, and also in case suit is brought upon this bond, a reasonable attor-
ney's fee to be fixed by the court. This bond shall inure to the benefit
of any and all persons, companies and corporations entitled to file claims
against said tract of land under and by virtue of the laws of the State of
California.
WITNESS our hands this 11th
360045-12-66
day of April 19 74
THE AMERICAN INSURANCE COMPANY
(Surety)
By,:
George Dicks Attorney -In -Fact
TO 449 C
(Corporation)
@
STATE OF CALIFORNIA
COUNTY OF_2R_ANGE� SS.
On April 15, 1974 before me, the undersigned, a Notary Public in and for said
State, personally appeared R. W. Michaels
known to me to be th Vice — President, and
known to me to he Secretary of the corporation
that executed the within Instrument,
known to me to be the persons who executed the within
Is
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.
SS M
WIT�L my ean offic, I se
OFFICIAL SEAL
I__
IT
LINDA L. SCHIERBERL
Si 'j _s4
'i�
Notary Public I C.1if"ma
ORANGE COUNTY
I
y Comoohdon EWIM.Apgl to, 1976
$we . . . .
j
Name (Typed or Printed)
MI. ..� %r M�w ..t.,w ...I)
State of Cal ifornia� as:
County of Orange
On April 11, 1974
therein, duly commissioned and sworn, personally appeared ' before me, a Notary Public in and for said County and State, residing
GEORGE DICKS
known to me to be Atforney�in-Fact of The American Insurance Company
the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executeci
the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation execruted the some.
IN WITNESS WHEREOF, I have hereunto set MYhand and affixed my Official seal, the d d in this certificate
c YES&P-slafe above.
0 FJIAL SEAL
I4c, m NOTARY P r,_!C CA1.1 d -f
0
My Commission Expirls 6 f A KIN
FORNIA
360212--6.66 FRMCIPA FFICE 1.14 0 "Olary Public
ORANGE CoLj�4Ty #
COM---ilrion E, )I,c- SOCl- 26, 1977
Bond No. SC 7109964
tr FIREMAN'S Premium: $1 ' 720.00 for
FUNDTerm of Two Years
AMERICAN
I NSTJ R A NCE COM PAN I FS
SUBDIVISION IMPROVEMENT SECURITY PERFORMANCE BOND
(Section 11612 Business and Professions Code)
KNOW ALL MEN BY THESE PRESENTS:
Th at U.S. DEVELOPMENT CORPORATION
as Principal, and THE AMERICAN INSURANC
Check work to be performed:
Street Improvements X
Water System
Sewer System X
—, Subdivider,
—a Corporation,
as Surety, are hereby jointly and severally bound to pay to the
CITY OF SAN JUAN CAPISTRANO
the sum of $ 172,000.00
The condition of this obligation is that whereas the Subdivider.
as a condition of the filing of the final subdivision map of
Tract 8128 entered into an agreement or agreements with
said to improve streets and easements in said
subdivision, as indicated above.
NOW, THEREFORE, if the Subdivider shall well and truly perform said
agreement or agreements during the original term thereof or of any
extension of said term that may be granted by the Board of
Supervisors of the City of San Juan Capistrano , with or
without notice to t e Surety, this obligation shall be void, other-
wise it shall remain in full force and effect.
Dated: April 11, 1974
Name of Principal: U.S. DEVELOPMPT CORPORATION
Authorized Signature (s)- By
Title:
(If Corporation, affix seal)
Name of Surety: THE AMERICAN INSURANCE
Authorized Signature: By
Title:
(Affix Corporate Se
C
Attach notarial acknowledgment of signature of Attorney -in -Fact.
W
TO 449 C
(Corporation)
STATE OF CALIFORNIA
COUNTY OF —ORANGE SS.
On April 15, 1974 before me, the undersigned, a Notary Public in and for said
State, personally appeared R. W. Michaels
known to me to be the Vice President, and I
known to me to be Secretary of the corporation that executed the within Instrument,
known to me to be the persons who executed the within
Instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the within
instrument pur�uant to its by-laws or a resolution of its board
Linda L.
or Printed)
state I Cal i forni a
county oi Orange � as:
On April 11, 1974
therein, duty commissioned and sworn, personally appeared
V. " " � " " " � " " ft .
0 OFFICIAL SEAL
LIN13A L. SCHIERBERL
Notary public - C.IiFooala I
ORANGE COuNTy
So &JIM April 30, 19745
. . — . j
(Thi. .. W.M.tal
before me, a Notary Public in and for said County and State, residing
GEORGE DICKS
known to me to be Attorney-in-fact of The American Insurance Company
the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed
the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I
My Commission
36W 12-41-66
set
OFFICIAL SEAL
D N TAMARKIN
NZ%V�/ PRiNC(PAL OFFICE IN
ORANGE CO(JNTY
My Commission Fxpirea Sept. 26, 1977 t
72
n
I
3. It is mutually agreed that the work herein required to be done by the SIU -3 -
DIVIDER shall on the written requ--st: of Vne SUBDIVIDER rade to the City Engine-er
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 see -are 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 tn.oineer 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 SUB-
DIVIDER Is entitled and the City Council approve'such refund and further provided
that no refund in excess of Eighty-five percent (8�1%) 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 installation 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. 49 Ft. 2t
Ch, 2. Art. 9 of the Business and Professions Code of the State of California.
IN WITNESS W�E-REOF, U. S. DEVELOPMENT CORPORATION
has executed these pmsents as the SUBDIVIDER, and the CITY OF SAN JUAN CAPISTIUNO
has caused these precents to be executed by the Mayoi of the City Council and
attested by thz City Clerk and ex -officio Clerk of the City Council, as the CITY,
the day and year in this instrument first above written.
ATTEST:
B�Y:
S. DEVELOfIMENT CORPORATION
CITY OF SAN JUAN CAPISTRANO
By:
Mayor
I
W
a
TO 449 C
(Corporation)
STATE OF CALIFORNIA
COUNTY oF-09ANGE—� S&
On ADril 11,� before me, the undersigned, a Notary Public in and for said
State, personally appeared W. Lee Cheater
known to me to be the Senior Vice_ P ... ident, and
known to me to be Secretary of the corporation that executed the within Instrument,
known to me to be the persons who executed the within
Instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the within
jP,ft-nmeQt pursuant to its by-laws or a resolution of its board
L.
Name (Typed'or Printed)
O"ICIAL ML
I LINDA L SWERBERL
I Notary Public - Collfornh,
I
ORANGE COUNTY
j y CaMmInIo.n & ApILI LO, 1976
21%_ — — _j
(Th). .1sa f., M.W �0.11.1 �.W
9
A G R E E M E N T
THIS AGREEKENT, made and entered into this
by and between U. S. DEVELOPMENT CORPORATION
day of
� 19 �
P
hereinafter designated as "SUBDIVIDER" and the CITY OF SAN JUAN CAPISTRANO, a body
politic of the State of California, hereinafter designated as "CITY":
W I T N E S S E T H :
WHEREAS, the SUBDIVIDER has prepared and offered for acceptance by the CITY 3
final map of Tract No. 8128 in the City of San Juan Capistrano, County of Orange,
and
V1HEREAS, the SUBDIVIDER by said map offers for dedication to the CITY for
public use the streets and easements as shown on said map, and
T&EREAS� the SUBDIVIDER desires the CITY to accept the streets and easementa
shown on said rap for public use.
NOW, THEREFORE, IT IS AGREED by and between the Parties hereto as follows:
In consideration of the acceptance of the streets and easements shown on the
final rap of Tract No. 8128 City of San Juan Capistrano by the CITY, the SUB-
DIVIDER does hereby agree:
1. That the SUBDIVIDER will at the sole cost and expense or the SUBDIVIDER
construct atid instail all of the street improvements of Tract No. 8128 now on
file in the office of the City Clerk of the City,of San Juan Capistrano; said
"Plans for Street Improvements of Tract No. 8128 11 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 SUBDIVID2R
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
$172,000.00 for streets, street lighting, and sewers and a bond in the sum of
$2,400.00 for subdivision monuments.
said bond to be approved by the CITY
to assure the faithful perforrnnee of tnis Agreement.
—I—