1971-0712_STRAUB, ARTHUR O._AgreementA G R E E M E N T
THIS AGREEMENT, made and entered into this 12th day of July,
1971 by and between ARTHUR 0. STRAUB, JR. hereinafter designated
as SUBDIVIDER and the CITY OF SAN JUAN CAPISTRANO, a body politic
of the State of California, hereinafter designated as CITY:
W I T N E S S E T H:
WHEREAS, the SUBDIVIDER has prepared and offered for acceptance
by the CITY a final map of Tract No. 7221 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. 7221 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 in-
cluding Street Lighting System, Domestic Water System and Sanitary
Sewers of Tract No. 7221" no 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. 7221" 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
SUBDIVIDER 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 Forty One Thousand Four
Hundred Dollars ($41,400.00) said bond to be approved by the CITY.
-1-
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3. It is mutually agreed that the work herein required to be done by the SUB-
DIVIDER 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 SUB-
DIVIDER is entitled and the City Council approve' 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 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. 4, Pt. 2,
Ch. 2, Art. 9 of the Business and Professions Code of the State of California.
IN WITNESS WHEREOF, ARTHUR 0. STRAUS, JR.
has executed these presents as the SUBDIVIDER, and the CITY OF SAN JUAN CAPISTRANO
has caused these presents to be executed by the Mayor of the City Council and
attested by the City Clerk and ex -officio Clerk of the City Council, as the CITY,
the day and year in this instrument first above written.
ARTHUR 0. STRAUB, JR.
----
CITY OF SAN JUAN CAPISTRANO
Thomas A. Forster,
ATTEST:
Donald Weidner, ,
City Clerk and ex -officio Clerk
NINE ��1111M
Q am
Subdivision Improvement Bond Bond No. ?t)0O7
Faithful Performance (California) Initial Premium C)21.flrl
KNOW ALL MEN BY THESE PRESENTS: That APTI1UR 0. STRAUB, JR.
as Principal and the
General Insurance Company of America, a Corporation organized and existing under the laws of the State of r,f.
Washington and authorized to transact surety business in the State of California, as Surety, are held and.°,'
firmly bound unto CITY OF SAN JUAN CAPISTRANO as Obligee,
in the sum of FORTY—OND TIIDUSAND FOUL' n NDRBD AND N0f100ths— Dollars ($ 41,40n.OP, )
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 on ,
entered into a certain Agreement or Contract with the Obligee wherein the Principal agreed to complete the
following improvements: .;
SUBDIVISION T'TnPOVKi IFNTS IN TRACT NO. 7221 +
5"s
as more fully set forth in said Agreement.
NOW, THEREFORE, if the Principal shall well and truly perform and fulfill all of the covenants, terms and
conditions of the said Agreement, then this obligation shall be null and void; otherwise to remain in full
force and effect. Provided, however: 1) That the consent of Surety shall be required for any extension of
time to complete said improvements; 2) That no right of action shall accrue hereunder to or for the benefit
of any person, firm or corporation other than the Obligee named herein. ",. ..
Signed, sealed and dated July 12th 1971
GENERAL INSURANCE COMPANY OF AMERICA
By:
?dei It + Brinl' Attorney -in -Fact
Address Fountain Vallev, Ca. 92708
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Principal • „-"-. Cf FtCJ r.t «.n'_ s- i
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ACKNOWLEDGMENT BY SURETY�`;`tC'"'W
STATE OF CALIFORNIA +�""lu,c 21,1974
Count of Orange �ss' :w.•,rir •+a v.co+a�+..,o a .+�54.+6♦++ -
Y
On this 12t1i day of July 111716e/ore me, Nancy L. Tlendrix
a notary public in and for the State of California with principal office in the County of Oranne
residing therein, duly commissioned and sworn, personally appeared Reith '% Brink
known to me to be the attorney-in-fact of General Insurance Company of America, the corporation that exe.
cured the within instrument, and acknowledged to me that such corporation executed the same. t
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the afore-
said County, the day and year in this certificate first above written.
5821 RI 4/68 PRINTED IN U.S.A. o.�..�..-��,. �...r�.,..�,..�.
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Bond No. 9nn979
SUBDIVISION IMPROVEMENT BOND
LABOR AND MATERIAL (CALIFORNIA)
KNOW ALL MEN BY THESE PRESENTS: That ARTHUR 0. STRAUB, JR.
as Principal, and the
General Insurance Company of America, a Corporation organized and existing under the laws of the State of
Washington and authorized to transact surety business in the State of California, as Surety, are held and firmly bound
unto CITY IF SAN JUAN CApISTRA"'O
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 TIdENTY THOUSAND SEVEN HUNDRED AND NO/100ths--------
---------------------------------------------------- Dollars($_ 20,700.00 )
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 the
day of , 19 , wherein the Principal has agreed to complete the following improvements:
SUBDTVISTON TMPROVEMFNTS I"1 TRACT N0, 7221
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 completion of said improvements as
"completion" is defined under applicable sections of the Civil Code of the State of California.
SIGNED and SEALED this
ARTHUR 0, STRAUB. JR.
12th
day of Ju1V
19 71 .
GENERA RANCE COMPANY OF AMERICA
By. Kq1th N. Brink Attorney -in -Fact
P. 0. Box 8387
Fountain Vallev, Ca. 92708
Address
SO
5-822 R11/71 PRINTED IN U.S.A.
ACKNOWLEDGMENT BY SURETY
STATE OF r/" IFf1RNIA
ss.
COUNTY OF ORANf;F
On this 12th day of July 1971 , before me personally
appeared Kgith N. Brink , known to me to be the attorney-in-fact of General Insurance
Company of America, the corporation that executed the within instrument, and acknowledged to me that such cor-
poration executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the afore-
said County, the day and year in this certificate first above written.
r;c1. 1 He:��Ix
'�!Nlq • NotaryPublic ' the State of
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_ YC-vM ry r�L�T �'li(i�
t 6(iStAta)P.eve c..,0�-°23,1971 County of Q j�J�' A
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