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1965-0423_STROSCHEIN, HERBERT & HAZEL_Agreement• 0 WOODSIDE/KUBOTA & ASSOCIATES, INC. CONE W-iIN6 ,�v� ENCoNEEN 2415 South Birch Street • Santa Ana, California 92707 • Phone: (714) 979-5240 June 27, 1973 Mr. Ralph Wackerbarth Harrison, Zeppegno & Bristol 122 West Third Street Santa Ana, Calif. 92702 Subject: Street Improvement and No. 391 76 14 Herbert T. Strosc.he n „ D.D.S. and Hazel T. Stroschein - City File No. DL 66-103 City of San Juan Ca istrano Dear Mr. Wackerbarth: We are very pleased to advise Stroschein and the City of Sa lengthy proceedings involving advanced by the City of San J agreement involved a faithful the principal amount of $10,0 the reimbursement and authori as a result of formal action z you that Dr. and Mrs. Herbert T. Juan Capistrano have concluded their the reimbursement for certain funds an Capistrano in 1968. A part of the performance bond - No. 391 77 14 in 0.00. The City Council has accepted ed the exoneration of the subject bond t the Council meeting of June 25, 1973. Accordingly, we consider this entire proceedings now concluded and the subject bond is now exone ated. In the event you have any questions regarding this entire proceed -ngs you are welcome to contact the under- signed at your convenience. Very tr 1 yry urs ubota, City Engineer Co"ty/of San Juan Capistrano cc: Dr. & Mrs. Stroschein Director of Public Works Ity Clerk SAF; P-; 1! LA.-F„olu:. In San Diego County, Carlsbad 0 A G R E E M E N T T IS AGREEMENT,'made and entered into this3 td day of 19�, by and between HERBERT STROSCHEIN and HAZEL G STROSCHEIN, hereinafter desig- nated as "SUBDIVIDER" nd the CITY OF SAN JUAN CAPISTRANO, a body politic of the tate of California, hereinafter designated as "CITY": W I T WHEREAS, the SUI to the CITY for public Capistrano, and N E S S E T H (DIVIDER has offered for dedication use, the street portion of Camino WHEREAS, the SUBDIVIDER desires the CITY to accept the street as set fort in the offer to dedicate a portion of land for street pur oses. NOW THEREFORET IS AGREED by and between the Parties hereto as foil ws: In consideration of the approval of the "Division of Land._.�ln ..b5r102", Cty of San Juan Capistrano, by the CITY, the SUBDIVIDER d es hereby agree: 1. That the SU and expense of the SUB all of the street impr of "Division of Land N which are on file in t the City of San Juan C set forth upon a plan Improvement of Camino (Sheet 1 only) 2. To secure t Agreement, the SUBDIVI a good and sufficient authorized to transact California in the sum Dollars, said bond to lieu of said bond to d Three Thousand and no/ ful performance of thi DIVIDER will, at the sole cost IVIDER, construct and install vements as required by approval . 65-102", the proceedings of e office of the City Clerk of pistrano; said improvements are ntitled "Plan and Profile for the apistrano", dated April 16, 1965. e faithful performance of this ER agrees to furnish to the CITY and executed by a corporation surety business in the State of f Three Thousand and no/100 e approved by the CITY or in posit with the CITY, a sum of 00 Dollars to assure the faith - Agreement. -1- 3. It is mutually agreed that the work herein required to be done by� the SUBDIVIDER shall, on the written request of the SUBDIVIDER made to the City Engineer, be inspected by him and if found to be in order, accepted as it progresses. In such case the SUBDIVIDER shall be entitled to a partial refund of money deposited to secure faithful performance, in a sum in the same ratio to the total work to be done, provided that the CIT " Engineer has first certified to the City Council t e amount of work completed and to be accepted and the amou t of partial refund to which the SUBDIVIDER is entitle and the City Council approve such refund and further pr vided that no refund in excess of Eighty -Five percent ( 5%) of the total amount of the original deposit shal be made until all of the work is completed and accepte . 4. The SUBDIV DER agrees to commence the con- struction and install tion of said improvements within 90 calendar days from the date of this agreement by the CITY, and shall compl to said work within 180 calendar days from the date of said agreement. This agreement is entered into pursuant to the provisions of Div. 4, Pt. 2, Ch. 2, Art. 9 of the Business and Professi ns Code of the State of California. IN WITNESS WHE HAZEL G. STROSCHEIN h the SUBDIVIDER and th has caused these pres of the City Council a ex -officio Clerk of t day and year in this Illi L l/L \%•7-J11\`V J�Y�71IL DATE: NOTARY: CNARIl3 C.•SC9ldC Notary PUDIr� State of CeDfofnia I'finCiDal Otfice to EOF, HERBERT T. STROSCHEIN and ve executed these presents as CITY OF SAN JUAN CAPISTRANO nts to be executed by the Mayor d attested by the City Clerk and e City Council, as the CITY, the nstrument first above written. _2- CITY O\F SA+N J -Af� CAPISTRANO 1 BY: ATTEST: /] N ST A. THOMPSON City Clerk and ex -o ficio Clerk of said City Council Bond No ------- _059056________ ��I+'ZTND SUBDIVISION BOND INOW ALL MEN BY THESE PRESENTS: That we, HERBERT T. STROSCHEIN A FUND INSURANCE COMPANY, incorpor authorized to execute bonds and firmly bound unto the CITY OF SA of THREE THOUSAND AND NO/100 DOL of America, to be paid to the CI' and truly to be made, we bind ou jointly and severally, firmly by THE CONDITION OF THE ABOVE HAZEL G. STROSCHEIN, as Principal and FIREMAN'S ed under the laws of the State of California and dertakings as sole surety, as Surety, areteld and JUAN CAPISTRANO, State of California in the sum RS ($3,000.00), lawful money of the United States OF SAN JUAN CAPISTRANO, for which payment, well elves, our heirs, executors and successors, hese presents. IS SUCH THAT WHEREAS, the Principal does hereb agree to install Street Improvements for a portion of Lot 31 as required, in Tract No. 103, in the City of San Juan Capistrano, in accordance with map and specif cations as shown, delineated and filed in the Miscellaneous Maps and Records of Orange County, California November 29, 1933. NO1•7 THEREFORE, if the above-boundn Principal shall well and truly perform tiie work contracted to be done, then his obligation to be null and void; otherwise, to remain in full force and effec . IN WITNESS WHEREOF, the signaturelof the said Principal is hereby affixed and the corporate seal and name of said Surety is hereby affixed by its duly authorized Attorney -in -Fact at Santa Ana, California, this loth day of April, 1965. Premium: SN 958A 5.58 HE�RBLaT/ T. SS'P OSCHEIN .1/ i "a, HAZEL G. STROSCHEIN FIREMAN'S FUND SURANCE COMPANY BY: & $45.00 E. LEE SMITH, Attorney in Fact California STATE OF--- - ---------------------------- — — ------- ss. COUNTYOF--------------------------------Orange-------------------------- 0 M.BN 47P 1-58 On this ------- 15tki --- .---- day in the year 19--65_, before me, --------------------------------------------- -lt4d-flr_S38nQ-d_------------------------------- a NOTARY PUBLIC in and for said County and State, personally appeared ----------------------------- known _ known to me to be the person whose name is subscribed to the within instrument as the Attorney-in-fact of the FIREMAN'S FUND INSURANCE COMPANY, and acknowl- edged to me that he subscribed the name of the FIREMAN'S FUND INSURANCE COM- PANY thereto as principal, and his own name as Attorney-in-fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my County and State, tl e-�ay and year in this certificate first above written. RACHEL WIT[ NOTARY PUBLIC . CALIFORNRl PRINCIPIL OFFICE IN ORANGE COUNTY Notary Public in and for said County and State My commission expires ------ August__ 24-,__1967-_____________ _.