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1983-0215_HIDDEN MOUNTAIN VENTURE_Subdivision AgreementRECORDED A AND RETURN City of San City Clerk' 32400 Paseo San Juan Ca in THE REQUEST Juan Capistrano Department Adelanto ,istrano, CA 92675 83-078457 0 RECORDING FEES EXEMPT RUE TO RECEIVED GOVERNMENT CODE SECTION 6103 MAR 7 Al 46 AH'83 ri.r?K ar o over, Ci y Clerk DEP0 1ML'iT City of San Juan Capistrano, CRITY r„ -,N JUAN C„!'ISTFANC NOTICE OF COMPLETION NOTICE IS H REBY GIVEN that the agreement between the City of San Juan Capistrano, California, and Hidden Mountain Venture, 2643 Fourth Avenue, San Diego, California, 92103, subdivider of Tract 9786, requi es the subdivider to complete the following to wit: RUCTION OF PUBLIC IMPROVEMENTS IN CONJUNCTION WITH TRACT 9786 IN THE CITY OF SAN JUAN CAPISTRANO That said w rk was completed by said subdivider according to plans and specificati ns and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Counci of the City of San Juan Capistrano, at a regular meeting thereof hel on the 15th day of February 1983, by Resolution No. 83-2- 5-1 That upon s id agreement the American Insurance Company was surety for the bonds given by the said subdivider. Dated at San Juan Capistrano, California, this 16th day of February 1983 l Mary Ann n ver, City Clerk of the Cit of San Juan Capistrano STATE OF CA IFORNIA ) COUNTY OF 0NGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, the duly appointed and qualified City Clerk of the City Co ncil of the City of San Juan Capistrano, California, do hereby cert fy under penalty of perjury that the foregoing Notice of Completion s true and correct, and that said Notice of Completion was duly and re ularly ordered to be recorded in the Office of the Orange County Reco der by said City Council. Dated at Say} Juan Capistrano this PM FEB 13 '83 A. 16th day of February , 1983 . Mary Ann P.Oncrver, C ty Clerk of the City f San Juan Capistrano SUBDIVISION AGREEMENT Tract 9786 THIS AG EMENT, made pursuant to the provisions of Division 2 of Title 7 of the Government Code of the State of California, by and between the CITY OF SAN JUAN CAPISTRANO, a Municipal Corporatio hereinafter called the "City” and HIDDII; milmAlF, VENTURE, L;Q; LTD• whose mailing address is 2643 Fourth Avenue R&�oR�n ru— ---- - S San Diego, California 92103 OF ORANGE COUNTY, CALIFORNIA hereinafter WITNESSETH: THAT, WH of the City a Tract No. City Council, the "Subdivider." 30 Min 2 P M JAN 26 1981 LEE A. BRANCH, County Recorder 'REAS, Subdivider has filed with the Planning Commission tentative map for a proposed subdivision, known as 786 , which has been conditionally approved by the WHEREAS, Subdivider desires to postpone the public and private improvements equired as a condition of approval of said tentative map until a time ubsequent to the acceptance and recordation of the final map of said s bdivision, by entering into an agreement and providing the improveme t security required to assure the furnishing and instal- lation of sai improvements within the time herein provided. NOW, THE FORE, in consideration of the premises and the approval of the final ap of said subdivision and the postponement of the time to install su h improvements, and to satisfy the said condition of the approval f the said tentative map, the Subdivider hereby undertakes, promises and igrees as follows: 1. Subdivider will, at his (its) own cost and expense, improve said tract by doing all work and providing and furnishing all labor, materials and equipment and making all installations shown on the improvement plans signed and approved by the City Engineer and specified by the Specifica- tions of the ity of San Juan Capistrano, which plans and specifications are on file ii the office of the City Engineer and incorporated herein by reference, in luding but not limited to, all grading work, paving of all streets, all e s and public service easements, construction of concrete curbs, gutter , cross -gutters and sidewalks, installation of storm drainage and sanitary sewerage facilities, installation of underground conduit street lighti g system, the installation of all street name signs, and the supplying and planting of all parkway trees, together with the instal- lation of all appurtenances, contingencies and the furnishing of all engineering c sts and services to do and complete said work, and to do and complete 11 other acts and obligations required by the City as condi- tion of the a proval of the tentative subdivision. For purposes of this agreement, th City Engineer shall determine the estimated costs of said improvements o be used for Surety devices as required herein. 2. Subd vider will, at his (its) own cost and expense, provide and install all o -site and off-site water mains and appurtenances and will provide all 1 bor and material to connect the same to existing mains and facilitie of the Orange County Waterworks District #4, and will comply with a 1 of the requirements of said District, and with the plans and specifics ions for said work signed by, and on file in the office of the Manage of said District, incorporated herein by reference. 3. Subd vider agrees to pay all applicable fees assigned by City. For pu poses of this agreement, applicable fees shall be defined as all fees t at may be legally assessed through City's ordinances and resolutio s as conditions of approving subdivider's subdivision and proposed mprovements. -1- MBK 13925PC, 807 k:cording Requestid by and 27657 Ruing Fees Exempt Due to When V.ecorded Mai to: Gove nment Code Section 6103 E'XE,V1r 7 City Clerk �____C1 City of San Juan apistrano __- 32400 Paseo Adela to MARY ANN„,4MOVER, City Clerk San Juan Capistra o, CA 92675 San Juan Capistrano, California SUBDIVISION AGREEMENT Tract 9786 THIS AG EMENT, made pursuant to the provisions of Division 2 of Title 7 of the Government Code of the State of California, by and between the CITY OF SAN JUAN CAPISTRANO, a Municipal Corporatio hereinafter called the "City” and HIDDII; milmAlF, VENTURE, L;Q; LTD• whose mailing address is 2643 Fourth Avenue R&�oR�n ru— ---- - S San Diego, California 92103 OF ORANGE COUNTY, CALIFORNIA hereinafter WITNESSETH: THAT, WH of the City a Tract No. City Council, the "Subdivider." 30 Min 2 P M JAN 26 1981 LEE A. BRANCH, County Recorder 'REAS, Subdivider has filed with the Planning Commission tentative map for a proposed subdivision, known as 786 , which has been conditionally approved by the WHEREAS, Subdivider desires to postpone the public and private improvements equired as a condition of approval of said tentative map until a time ubsequent to the acceptance and recordation of the final map of said s bdivision, by entering into an agreement and providing the improveme t security required to assure the furnishing and instal- lation of sai improvements within the time herein provided. NOW, THE FORE, in consideration of the premises and the approval of the final ap of said subdivision and the postponement of the time to install su h improvements, and to satisfy the said condition of the approval f the said tentative map, the Subdivider hereby undertakes, promises and igrees as follows: 1. Subdivider will, at his (its) own cost and expense, improve said tract by doing all work and providing and furnishing all labor, materials and equipment and making all installations shown on the improvement plans signed and approved by the City Engineer and specified by the Specifica- tions of the ity of San Juan Capistrano, which plans and specifications are on file ii the office of the City Engineer and incorporated herein by reference, in luding but not limited to, all grading work, paving of all streets, all e s and public service easements, construction of concrete curbs, gutter , cross -gutters and sidewalks, installation of storm drainage and sanitary sewerage facilities, installation of underground conduit street lighti g system, the installation of all street name signs, and the supplying and planting of all parkway trees, together with the instal- lation of all appurtenances, contingencies and the furnishing of all engineering c sts and services to do and complete said work, and to do and complete 11 other acts and obligations required by the City as condi- tion of the a proval of the tentative subdivision. For purposes of this agreement, th City Engineer shall determine the estimated costs of said improvements o be used for Surety devices as required herein. 2. Subd vider will, at his (its) own cost and expense, provide and install all o -site and off-site water mains and appurtenances and will provide all 1 bor and material to connect the same to existing mains and facilitie of the Orange County Waterworks District #4, and will comply with a 1 of the requirements of said District, and with the plans and specifics ions for said work signed by, and on file in the office of the Manage of said District, incorporated herein by reference. 3. Subd vider agrees to pay all applicable fees assigned by City. For pu poses of this agreement, applicable fees shall be defined as all fees t at may be legally assessed through City's ordinances and resolutio s as conditions of approving subdivider's subdivision and proposed mprovements. -1- Trgct No. 9786 K i3925PC 808-, 4. Subdivider shall furnish one good and sufficient bond in accordance with the provisions of Chapter 5 of Division 2 of Title 7 of the Government Code, said bond shall be in an amount equal to the total estimated cost of work and improvements not to be dedicated to City but inspected by City personnel. Said bond shall be conditioned upon faithful performance of this agreement. 5. 'Subdivider shall furnish two good and sufficient bonds in accordance with the provisions of Chapter 5 of Division 2 of Title 7 of the Government Code, said bonds to be in the amounts and for the following purposes: (a) an amount equal to the total estimated cost of the said work and improvements to be dedicated to City, conditioned upon the faithful performance of this agreement, and (b) an additional amount equal to the total estimated cost of the said work and improvements to be dedicated to City securing payment to the contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials to them for the improvements. 6. The City Engineer of the City of San Juan Capistrano may make such changes, alterations or additions to the plans and specifications for said work and improvement which do not exceed ten percent (108) of the total estimated cost set forth in Item 4 above, as may be determined necessary and desirable by him for the proper completion of said work and improvement or as required for the safety and welfare of the public and no such changes, alterations or additions shall relieve the Subdivider from the faithful performance of this agreement. 7. Subdivider agrees to complete all of said work and improvement and to pay all costs specified herein within a period of 365 days from the date hereof. 8. It is agreed by and between the parties hereto that in the event it is deemed necessary to extend the time of completion of the work and improvement to be done under this agreement, said extension may be granted by the City Council of the City of San Juan Capistrano or its duly authorized officer, and shall in no way affect the falidity of this agreement or the obligations hereunder. Bonds furnished hereunder shall be kept in full force and effect until said work and improvements shall be deemed complete, approved and accepted as completed by said City Council unless the same are reduced. 9. Subdivider agrees that City may, without any notice, and at its sole option, at any time after the said time for completion has passed, complete, or cause to be completed, all or any part of the said work, and Subdivider shall pay to said City, upon demand, all of the cost of any of said work done by the City, its agents and contractors, or any of them, to complete all or any part of said work. 10. Subdivider agrees to pay City such sum as the Court may adjudge as reasonable for the legal services of any attorney representing the City in any Action brought to enforce or interpret the obligations of this instrument, and such sum shall be made a part of any judgment in such action against the Subdivider if such action is determined in favor of the said City. 11. City, its officers and employees, except for their own acts, shall not be liable or•responsible for any accident, loss or damage happening or occurring to the improvements specified in this agreement prior to the completion and acceptance of said improvements by the City. 12. At all times from the acceptance by the City Council of the dedications offered on the final map of said tract to the completion and acceptance of the improvements described herein, Subdivider shall perform all work in a safe, workmanlike manner and shall take such precautions as may be necessary to warn and protect the public from any dangerous condition caused by the construction of said improvements. 13. Subdivider shall hold City, its officers and employees harmless from any and all claims, demands, causes of action, liability or loss of any sort because of, or arising out of, the acts or omissions of the Subdivider, his contractor, subcontractors, agents or employees in the performance of this agreement. -2- day of ATTEST: BK 13925PC 80, Ct No. 9786 at San Juan Capistrano, California this 10th , 19,80 APPROVED AND RECOMMENDED FOR EXECUTION: I »ll City Enginee M pager of O ang County Waterworks, District #9 STATE OFICALIFORNIA) SS COUNTY 0 ORANGE ) On this a Notary Loonin kr corporat be the p corporat general said par den that such such SUBDIVIDER* iiDM' PDL MIN VEMTE,Q11661ill" "i ��v �s tM►d . _ NA /►�at.V+ �..Q 3 1.1 vM . hpGR. (Signature) MATHEW LOONIN, PRESIDENT (Office Held) CITY OF SAN JUAN CAPISTRANO 5-Z&day of December, 1980 before me, the undersigned, Public in and for said state, personally appeared Mathew )wnto me to be the President of M.R.L. II, Inc-, the on that executed the within instrument and known to me to rson who executed the within instrument on behalf of said on, said corporation being known to me to be one of the artners of Hidden Mountain Associates, a general partnership, nership being known to me to be the general partner of Hid- ain Venture, Ltd., a limited partnership, the partnership exeuted the within instrument, and acknowledged to me that cor oration executed the same as such partnership and that par nership executed the same. My commi sion expires: S -a6-9.1/ Witness my hand and official seal: ------------ OFFICIAL SEAL i- JANET SOTO i 1 Notary -Public California 1 0 ?'^_�; Principal Otilce In i ORANGE COUNTY i j My commission Expires 5-26-84 $ Nota Public in and for said State .� 2jPPId0V�� AS TSD Y' rn pj -3- y, STATE OF CALIFORNIA BK 1 v 9 r J PC ORANGE ss. COUNTY OF ON December 10 ly 80 before me, the undersigned, a Notary Public in and for said State, personally appeared Gapes L. Hausdor_fer known to me to be the oftff��. C- t of San Juan Capistrano the�C° fb executed the within Instrument, known to me to be the person who executed the within Instrument, on behalf of the Corporation, therein named, and acknowledged :OP AL SEAL to me that such Corporation executed the same. N HANOVEP.NOC- -ALIi'JNAIE COJNTYN7ires APR 20, 1994 WITNESS my hand and official seal. Public in and for said State. CORPORATE ACKNOWLEDGMENT FORM STATE OF L-ci liIUiula l Orange ss. couNrY OF January 6 81 ON 19 OFFICIAL SEAL RUTH E MARQUARD _ NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My comm. expires MAY 23, 1984 CORPORATE ACKNOWLEDGMENT FORM before me, the undersigned, a Notary Public in and for said State, personally appeared Maryann Hanover known to me to be the _City-Cl-erk of , i r of SanuanCapstrano the t executed the within Instrument, known to me to be the person who executed the within Instrument, on behalf of the Corporation, therein named, and acknowledged to me that such Corporation executed the same. WITNESS my hand and official seal. Notary Public in and for said go SAN J 27, 1985 Hidd n Mountain Venture Ltd. c/o Patrick Development 2643 Fourth Avenue San iego, California 92103 Re: (Tract 9786 - Hidden Mountain Bond#SC6367003 held to insure Faithful Performance of Publ c Improvements in Tract 9786 may now be released. Veryltruly yours, CITY OF S�/A}yN� JUAN CAPISTRANO Geor M. Lo�' Jr. City Engineer GML/ MB:ol / xc: Records Coordinator V 1 I / FIRE ANIS FIFEMAN SFUND IN5V R4NCE COMPgNY FT T1 THE AMERICAN INSURANCE COMPANY 1 V D NATIONAL SUR ICE CITY CORTION PORATION ® g550CIATED IN OEM NITY CORPORATION AMEICAN AMERICAN AUTOMOBILE IN50PANCE COMPANY INSURANCE COM ANTES HOME OPPICE 5AN FRANCISCO. CALIFORNIA SUBDIVISION IMPROVEMENT BOND KNOW ALL M That we as Princi BY THESE PRESENTS: LTD Bond No. SC _6367003 Premium: $2,550. , and THE AMERICAN INSURANCE COMPANY organized and existing) under the laws of the State of NEW JERSEY , with its principaloffice in the City of San Francisco and authorized to transact surety buaineso in the State of California, as Surety, are held and firmly bound unto CITY OF. SAN JUAN CAPISTRANO County of ORANGE in the just and full sum of FIVE HUNDRED TEN THOUSAND AND NO/100 ----------------- -------------- ---------------- ----------- Dollars ($ 510.000.00 -------- ). for the payment whereof well and truly to be made, the said Principal and Surety bindthemselves, their heirs, administrators, successors and assigns, jointly and everally, firmly by these presents. The conditio of the foregoing obligation is such that whereas the above bounded Principal is about to enter into a contract with the CITY OF SAN JUAN CA ISTRANO whereby the Principal agrees to con- struct in acordance with the plans and specifications approved by the CITY OF SAN JUAN CAPISTRANO , and on file in the office of the City Engineer, to wit: PUBLIC IMPROVEMENT - OFFSITES Tract 9786 , City of SAN JUAN CAPISTRANO as provided n said contract which said contract is hereby referred to and made a p rt hereof to the same extent as if the same were herein specifically set forth; NOW, THEREFO E, if the said Principal shall well and truly perform the work contrac ed to be performed, make full payments to all persons, firms or corporati no supplying labor or materials in the prosecution of the work contrac ed to be performed, then this obligation is to be void; otherwise, t remain in full force and effect; PROVIDED, th t any alterations in the work to be done or the materials to be furnis ed which may be made shall not in any way release the Principal or the Surety thereunder, nor shall any extension of time granted role se the Principal or the Surety, and notice of such altera- L tions or ext nsions of the contract is hereby waived by the Surety. WITNESS our 360045-12-66 this 4th ` day of December , 19 80 HIDDEN MOUNTAIN VENTURE LTD,st\\w I,*V1 By; g I__Wj=-.y,QQA p i �cT'"'oYi y ,nnRstKGurwocu.AS PPIS .Q.C. A THE AMERICAN INSURANCE COMPANY (Suret By: ' �'. . "-A STE HA -DRAKE Attorney -In -Fact STATE OF COUNTY OF On this %5.6 a Notary Pu Loonin knowr corporation be the pers corporation general par said partne den Mountai that execut such corpor such partne IFORNIA) SS ANGE ) ,,day of December, 1980, before me, the undersigned, lic in and for said State, personally appeared Mathew to me to be the President of M.R.L. II, Inc., the that executed the within instrument and known to me to n who executed the within instrument on behalf of said said corporation being known to me to be one of the ners of Hidden Mountain Associates, a general partnership, ship being known to me to be the general partner of Hid - Venture, Ltd., a limited partnership, the partnership d the within instrument, and acknowledged to me that tion executed the same as such partnership and that ship executed the same. My commission expires: S- a -Bi�Witness my hand and official seal: "` OFFICIAL SEAL JANET SOTO Notary -Public California `"- Principal Office In ORANGE COUNTY My Commission Expires 5-2684 Notar;- _ublic in and for said State State of CALIFORNIA County of ` ss: OnDecember 4, 1980 before me, a Notary Public in and for said County and Slate, residing therein, duly commis Toned and sworn, personally appeared STEPHEN A. DRAKE known to me to be At orney-in-Fact of THE AMERICAN INSURANCE COMPANY the corporation descr bed in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument i behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WH£R 3"hQwt_'Irewazatwse4 my and.and.Aq,xed my official seal, the day and year stated in this certificate above. 21 1 ro r;c 1 I My Commission Exp es A r!�✓i i Q�YYU✓Yu_-LA p Notary Public 36021,'2-45-66 SxwJ*ozvr, � `r���w��*s�/�r ` ~/ May 4/ 1983 �z, i Oi�den ountain Venture 2643 Fo rtb Avenue Sao Dieo, California 92103 Be: Release of Grading Bond, Tract 9786 Dear Mc� Kzuer; At their meeting of May 3, 1983, the City Council took actino o release the following grading bond for Tract 9786, Hidden 000taio Venture: ud Number Underwriter Amount 637-0I-52 American Insurance Company $500/000 If we can be of any further assistance, please let oo Very tzuIl/ yours, MARY &0N RA0OVDR, CMC City Clerk MAH/oj cc: Diector of Public Works ~ � � as Bond No. SC 637 01 52 • PREMIU*2,500. DIVISION OF BUILDING AND SAFETY CITY OF SAN JUAN CAPISTRANO GRADING PEIHIT SURETY BOND ALL MEN BY THESE PRESENTS: ThatHIDDEN MOUNTAIN VENTURE LTD. ip the yu t aDQg full sum of rivr. MunUKLU irlUuSAnU- SOO,OU�.00) DOLLARS, for the payment of which, well said Principal binds himself, his heirs, administrators, and assigns, jointly and severally, firmly by these THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT, WHEREAS, the said Principal above named is applicant under ng Permit No. of the City of Sar: Juan Capistrano, ornia, for an excavation or fill of 250 yards or more, on the wing described property: WHEREAS ,ST,hQ' bko- �tgd cost of the work authorized by the . t is NOW, THEREFORE, it is agreed that if the Principal shall: a) Comply with all the provisions of the San Juan Capistrano Gr ding and Excavation Code, "Ordinance No. 367, Article 2, Se tion 1 through 24 inclusive"; b) Comply with all the terms and conditions of the permit to th satisfaction of the Director of Public Works; c) Complete all of the work contemplated under the said pe it within the time limit specified in the permit, and any ex ension or extensions thereof; d) Reimburse the City for any work the Division of Building anc Safety deems necessary to complete, correct or otherwise under - tale the work specified in the permit, or any work deemed necessary foi the public safety, because of any failure on the part of the Principal, then this obligation shall be rul1 and void; otherwise it shall remain in full force and effect. PROVIDED, HOWEVER, that the said surety, for value received, he shy stipulates and agrees that no changes, extension of time, al station or modification of the permit or of the work to be pe formed thereunder shall in any way affect its obligation on th s bond and it does hereby waive notice of any such change, ex ension of time, alteration or modification of the permit or If work to be performed thereunder; and PROVIDED, FURTHER, that in case suit is brought upon the bond by the City or any other person who may bring an action on this ' bo d, a reasonable attorney's fee, to he fixed by the court, shall be paid by the Principal. IN WITNESS WHEREOF, the said Principal has caused these pr cents to be duly signed and sealed this 16 day of April , 19 -82 -- HIDDEN MOUNTAIN VENTURE LTD. Prin al By By THE AMERICAN INSURANCE COMPANY Surety " ATRICIA A. MEFFEN ATTORNEY IN FACT in and fdfbWtd City and State STATE OF California COUNTY Ss. ON April 20 19 81 before me, the undersigned, a Notary Public in and for said State, personally appeared Gec)rge T Kruer O FICIAL SEAL known to me, RU H E MARQUARD to be one of the partners of the partnership that executed the within Instrument, and acknowl- m NOTA PUBLIC CAI IF noNIA ORANGE COUNTY edged to me that such partnership executed the same. My comm. expires MAY 23, 1984 WITNESS my hand and official seal. Ruth E. Mar and PARTNERSHIP ACRNOWLEORRIENT FOAM State of CALIFORNIA County of cif ss: On April 16, 19 1 , before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared PATRICIA A. MEFFEN known to me to be Attorney -in -Fact of THE APAERICAN MURAIZE CCNIPANY 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, Ilhave hereunto se DEBRA ANN OLIYAS My Commission Expir ...- NOTARY PUBLIC - CAUFURNIA '4' ,dAfu.t d:e:, INTI 360212-6-66, I y Commission Expires July 18. 1981 my official seal, the day and year stated in this certificate above. OENERAC • • POWER Tltr, AMERICAN INSURANCE COMPANY KNOW ALI, MKN RY T IESP: PRESENTS: That THE AMERICAN INSURANCE COMPANY. a Corporation duly organized and existing under :he Taws of the State of Ne v Jersey, and having its Principal office in the City and County of San Francisco. California, has made, constituted and appointed, and does by t ese presents make. consulate and appoint -----PATRICIA A. MEFFEN----- its true and lawful Atterey(s)-in-Fact. with full power and authority hereby conferred in its name, place and stead, In execute, seal. acknowledge and deliver any and all bonds undertakings, recognizances or other written obligations in the name thereof --------------------------- and to bind the Corporatii4n thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VIII, Section 30 and 3l of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. 'Arid, VIII. A,) ... nhnen and Aulh.... 1, of RerWrm Assomr ,tie✓ ,,,.e,, oad Almene v -in -Fit.I and Aerms r,. n..,l 1,c.1 Pru. err mW Mak, App,,uivo ee. Set1iun 10 A ,sonnnem.l Uiremu.., the Premd,m or an Agent, to ac,e,l legal acme Seu.on 11 Aulh ore The aDPrmtmem and all zmho rt This power of attorney AMERICAN INSURAN amended or repealed: "RESOLVED, that the s Corporation may be affix facsimile, and any power valid and binding upon if IN WITNESS and its corporate seal to STATE OF , Imnevor of the Board of the— ors, the RenWent. any Vice President or any other person authorized by the Board of Director.. the Chairman of the Board of .-Presidem, may, from em, it, time, appoint Resident A,,r,bmt Secmtanen and Attorneys -in Fact ro represent and act for and on behalf of the Corporation and td make appearance+ for and un behalf of the Cor oration tont, of .ch Resident A.srcran, Se ... mnen. Attorneys -in -Fact, and Agenh shall be s presaihed in the instrument evidencing their ap,nom mens. and any such mord thereby may he revoked in any time by the Board of ntrecton or by any pervnn cmWwered to make such ap anntmen, signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE ! COMPANY at a meeting duly called and held on the 28th day of September, 1966, and said Resolution has not been iature of any Vice -President. Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by ' attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall he Corporation." THE AMERICAN INSURANCE. COMPANY has caused these presents to he signed by its Vice -President, hereunto affixed this 2I S t day of fIoyember , 1978 SS. CITY AND COUNTY OF $AN FRANCISCO THE AMERICAN INSURANCE COMPANY By v re-Prexidem On this2 Wdl'ay of bey , 1918, before me personally came William W. Lauber n, me known, who, being by me duly sworn, did depose and say: that he is Vice -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in a d which executed the above instrument: that he knows the seal of said Corporation: that the seal affixed to the said Instrument is such corporate seal tlm it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WI FN ESS WH8R FO . I have hereunto set my hand and affixed my official seal the day and year herein first shove written. �NtNtNNgYi\UNglgUt�Mg - OFF SUSI gtUUggUtl\ggUUtU� IAL SEAL l7 e = K. GILBERT g NOTARY lK - CALIFORNIA? — nary wbue ally i c OF SAN FBANCisco R My eolnmirfi Whet Nm_ 17, 1980 CERTIFICATE. STATE OF CALI ORNIA, 1 J tis. CITY AND COUNTY OF: N FRANCISCO 1 1, the undersigned. Assis nut Secretary of THE AMERICAN INSURANCE COMPANY, a NEW JERSEY Corporation. DO HEREBY CERTIFY that the foregoing and a Cached POWER OF ATTORNEY remains in full force and has not been revoked and furthermore that Article VIII. Sections 30 and 31 of th By-laws of the Corporation. and the Resolution of the Board of Directors, set forth in the Power of Attorney. are now in force. 81 16 APRIL Signed and sealed at the Ci y and County of San Francisco. Doled the_ day oL— __ . 19_ UL Arr.+Pant Secretary aNCF C l 360711 (HO)—TA— 5. OF GRADING BOND J(38) As set forth in the report dated May 3, 1983, from the (85) Director of Public works, all grading work for Tract 9786 was completed and the following grading bond was released: Number Underwriter Amount -01-52 American Insurance Company $500,000 0 • ITEM May 3, 1983 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Release of Grading Bond, Tract 9786 (Hidden Mountain Venture Ltd.) ON: The d veloper has completed all grading work for Tract 9786, locat d at 28012 San Juan Creek Road, including the slope control problem, and has requested the release of the gradi g bond posted for that work. The Building & Safety Divis on has inspected and accepted the work and recommends the r lease of the bond. The Grading Bond referred to in this action is as follows: Bone. Number Underwriter Amount SC 627-01-52 American Insurance Company $500,000 There are no direct costs to the City by this action. 1. Authorize Staff to release the Grading Bond. 2. D not release the Grading Bond. 3. R fer to Staff for additional information. By motion, authorize Staff to release the Grading Bond for Tract 9786 in the amount of $500,000. y submitted, L• N. - W. D. urphy WDM/OML:ol attac ents i 5. 41 (85) The Public improvements have been completed for Tract 9766, as s t forth in the report dated February 15, 1983, from the Dire for of Public Works. Acce tance of Work: The following Resolution was adopted: RESOLUTION NO. 83-2-15-1, COMPLET CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS - TRACT 9786 (HIDDEN MOUNTAIN VENTURE) The Resolution accepts the work as complete and directs the City Clerk to forward the Notice of Completion to the County Reco der within 10 days. Rel C Au of Surety: owing bond from American Insurance Company was to February 15, 1984: Bond Faithful Performance Number Amount SC 6367003 $510,000 rization was granted to release the bond following ssful completion of a one-year maintenance period. The ollowing bonds from American Insurance Company are to be r leased upon expiration of 35 days from recordation of the otice of Completion: Labor & Material SC6367003 $510,000 Monumentation SC6367002 7,500 Hidden 2643 F( San Di( 32400 PASEO ADELANTO;, SAN JVANCAPSTRARO. CALLFORNIA 92675 PHONE 493+117F February 24, 1983 sntain Ventures th Avenue , California 92103 Re: Notice of Completion, Release of Release of Suretv, Tract 9786, S Gentlemen: 74'7t� Enclosed is a copy of Resolution No. 82-2-15-1, which was ad pted by the City Council at their meeting of February 15. The Re olution accepts the work completed for the construction of public improvements in Tract 9786. Americi from r1 attach( therefc OV&I The Council directed that the following sureties from n Insurance Company be released upon expiration of 35 days cording of the Notice of Completion, and copies are d for your information: MAH/na Enclos res cc: r Surety Amount Labor and Materials Bond No. SC6367003 $510,000 Monumentation Bond No. SC6367002 7,500 The Notice of Completion was recorded on February 18; the bonds may be released on March 25. The following surety from American Insurance Company ed to February 15, 1984: Faithful Performance Bond No. SC6367003 $510,000 rican Insurance Company Works Verruly yours, MARY ANN ANOVER, CMC City Clerk KNOW ALL MEN BY THESE PRESENTS: / FIREMAN IS 'S FIREMPN S FUND INSURANCE COMPANY Bond No.X__6367003 FU"**;D THE AMERICAN INSURANCE COMPANY NATIONAL SURETY CORPORATION Premium included ® 0 AMEICAN INSURANCE COMPANIES ASSOCIATED INDEMNITY CORPORATION AMERICAN PU TOMORilE INSURANCE COMPANY NOME OFFICE SAN FRpNcisc o. uuroRNln SUBDIVISION LABOR AND in performance bond MATERIAL BOND That we IHIDDEN MOUNTA as Principal, and THE AMERICAN INSURANCE COMPANY as Surety are held and fit ly bound unto CITY OF SAN JUAN CAPISTRANO ----------------------------------------------------- and to all persons as herein- after provided in the sum of FIVE HUNDRED TEN THOUSAND AND NO/100 ------------------- -------------- j ------------------------------------------ Dollars ($510,000.00 -------- 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. 9786 Ordinance Number ------------- - - and as a condition precedent to the granting of such permit, and pursuantlto Section 11612 California Business and Professions Code, the Drinrinal islreauired to furnish a labor and material bond as herein STATE OF CALIFORNIA) COUNTY OF IORANCE ) SS On this J`- day of December, 1980, before me, the undersigned, a Notary P blic in and for said State, personally appeared Mathew Loonin1,no to me to be the President of M.R.L. II, Inc., the corpora tio that executed the within instrument and known to me to be the per on who executed the within instrument on behalf of said corporatio , said corporation being known to me to be one of the general pa tners of Hidden Mountain Associates, a general partnership, said partn rship being known to me to be the general partner of Hid- den Mounta n Venture, Ltd., a limited partnership, the partnership that execu ed the within instrument, and acknowledged to me that such corpo ation executed the same as such partnership and that such partn rship executed the same. My commiss on expires: -F/Witness my hand and official seal: OFFICIAL SEAL r' JANET S0T0 Notary -Public California Principal Office In , Notar,- _ublic in and for said State ORANGE COUNTY 01 j M Commission Expires 5-26-84 0 1— ----------------- ; State of CALIFORNIA County of ORANGE ss. On Decem er 4, 1980 before me, a Notary Public in and for said County and State, residing therein, duly commissione and sworn, personally appeared STEPHEN A. DRAKE known to me to be Attorne-imFact of THE AMERICAN 1�iSURANCP 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 be If of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHE ,I x,n fixed my official seal, the day and year stated in this certificate above My Commission E ^ , - t.-.._ It Notary Public 360212-6-66 j. My i_tio11 Exp:rs Cali 4.1982 It ^ I FIREMAN'S FOND INS' RANCE COMPANY �� r��b4 THE AFIE RICAN IN CE COMPANY and No.. SCR 6367002 •-..N�4 NATIONAL SURETY�ORATION remium. $36.00 FIREMAPi6 FUND ASSOCIATED INDEMNITY CORPORATION INSURRNEE CGMPAN!ES AMERICAN AUTOMOBILE INSURANCE COMPANY KNOW ALL That and he SUBDIVISION MONUMENT BOND (Faithful Performance and Labor and Materials) MEJ BY THESE PRESENTS: HI DEN MOUNTAIN VENTURE LTD nater referred to collectively as "Principal", and THE AMERICAN INSURANCE COMPANY , a corporation organized and existing under the laws of the State of NEW JERSEY , and duly authorized to transact surety busi ess in the State of California, as and hereinafter referred to as "Surety", a e held and firmly bound unto CITY OF SAN JUAN CAPISTRANO hereinafter referred to as the "City", in the as SUM of S -EVEN THOUSAND FIVE HUNDRED AND NO 100------------- Dollars 07,500.00-----) for payment of which Principal and Surety bind themselves, their heirs, admini- strators, successors and assigns, jointly and severally as follows: THE CONDITION OF THE ABOVE OBLIGATION IS THAT: 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. 9786 , which said inap carries the Engineer's or Surveyor's certificate that the Monuments will be set on or before a specified later date; and, WHEREAS, th s bond is given to insure the setting of such monuments and to guarantee p yment to the Engineer or Surveyor for setting such monuments in said Subdivision and as a prerequisite for the approval of said Final Subdivision Map. NOW, THEREFORE, the condition of this obligation is such that if the Principal shallcause such monuments to be set and shall pay the Engineer for setting such monuments i the manner and within the times specified in Business and Professions Code 911592 then this obligation shall be null and void; otherwise, the Surety agrees to p y the same in an amount not exceeding the amount of this bond. PROVIDED, F THER, that in case suit is brought upon this bond by City or any other- perso 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. IN WITNESS <HEREOF, Principal and Surety have caused these presents to be duly signed and sealed this 4th day of December , 19 go •960702-I41P76 .(LEGAL SIZE) HIDDEN MOUNTAIN VENTURE LTD, es )u,t wt"td AqJ (=i i 1) tMlov`M..� Dye: VIIAUA-3r, ".&C-1 -Y.�.%r THE AMERICAN INSURANCE COMPANY_ Surety BY ` r ,IL STEPHEN A. RAKE Attorney -in -Fact STATE OF�CALIFORNIA) COUNTY 0 ORANGE ) SS On this - Ti day of December, 1980 before me, the undersigned, a Notary Public in and for said state, personally appeared Mathew Loonin kn wn to me to be the President of M.R.L. II, Inc•, the corporation that executed the within instrument and known to me to be the Person who executed the within instrument on behalf of said corporation, said corporation being known to me to be one of the general partners of Hidden Mountain Associates, a general partnership, said par nership being known to me to be the general partner of Hid- den Moun ain Venture, Ltd., a limited partnership, the partnership that exe uted the within instrument, and acknowledged to me that such cor oration executed the same as such partnership and that such par nership executed the same. My commission expires: S >'6 -eWWitness my hand and official seal: OFFICIAL SEAL 10 JANET SOTO 0 Notary -Public California 0 Principal c CalIn r ORANGE COUNTY I Commission Expires 5.26-34 0 NotaryAublic in and for said State --------------------- State of CAUFOW + County of ORANGE { ss: RA On Decmber 4, 1980 , before me, a Notary Public in and for said County and State, residing therein, duly commissi ned and sworn, personally appeared STEPHEN A. DRAKE known to me to be Att rney-in-Fact of THE AMERICAN INSURANCE COMPANY the corporation descri bed 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 WHEREO I have hereunto set my Jiand and affixed my official seal, the day and year stated in this certificate above. 4 If fT MY Commission Exp rr g, tiC TJrl k QL/M Notary Public 360212-6.66 / .:� (�' I'•" 4, "'42 y , it AGENDA ITE February 15, 1983 TO: tephen B. Julian, City Manager FROM: . D. Murphy, Director of Public Works SUBJECT: esolution, Notice of Completion, Release of Surety, iract 9786, San Juan Creek Road (Hidden Mountain Venture) STTLIATTON The develo er of the subject tract has requested that the City accept the public improvements and corresponding surety. The public improve- ments have been completed and accepted by the City Inspector. The City will rile a Notice of Completion with the County Recorder upon acceptanceof the improvements. The sureties for this tract are: uret Nurbe Amount Bond SC003 $510,000 Bond SC003 $510,000 Bond SC002 $ 7,500 FINANCIAL (CONSIDERATIONS Company American Ins. Cc Purpose Faithful Performance Labor & Material Monumentation There is no cost or compensation to the City associated with this action. ALTERNATE 1. Accep� the public improvements resulting from Tract 9786. 2. Do no accept the public improvements resulting from Tract 9786. 3. Reque t further information from staff. Byre ion, determine that the work resulting from Tract 9786 has been comp eted and declare the work to be accepted; direct that within ten days rom the date of acceptance a Notice of Completion be filed with the range County Recorder. :Y motion, require an extension of the Faithful Performance surety for public im rovements to February 15, 1984; and authorize staff to exonerate the Labor and Material and Monumentation sureties upon the expiration of thirty-five days from the filing of the Notice of Completio . Authorize staff to release the Faithful Performance surety of er one year maintenance period. Respectfully submitted, I W. D. Mu by WDM: CMB /r m Encl. ACENIDA (� e.o. RESOLUTION NO. 83-2-15-1 COMPLETION OF PUBLIC IMPROVEMENTS - TRACT 9786 (HIDDEN MOUNTAIN VENTURE) SECTION 2. That the work is hereby accepted and SECTION 3. It is further ordered that a "Notice of Compl tion" be recorded, on behalf of the City, in the office of the C unty Recorder of the County of Orange within ten (10) days of th date of this Resolution. PASSED, APPROVED AND ADOPTED this 15th day of , 1983 , by the following vote, to wit: AYES: Councilmen Hausdorfer, Bland, Schwartze, and Mayor Buchheim NOES: None ABSENT:Councilmen Friess CE BUCHHEIM, MAYOR ATTES -1- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS - TRACT 9786 (HIDDEN MOUNTAIN VENTURE) WHEREAS, the City of San Juan Capistrano has entered into a agreement with Hidden Mountain Venture for the constr ction of public improvements in Tract 9786; and, WHEREAS, the Director of Public Works has evaluated the final uantities and cost figures and recommends approval. NOW, THEREFORE, the City Council of the City of San Juan C pistrano does resolve as follows: SECTION 1. That the work required to be performed by said s bdivider has been completed. SECTION 2. That the work is hereby accepted and SECTION 3. It is further ordered that a "Notice of Compl tion" be recorded, on behalf of the City, in the office of the C unty Recorder of the County of Orange within ten (10) days of th date of this Resolution. PASSED, APPROVED AND ADOPTED this 15th day of , 1983 , by the following vote, to wit: AYES: Councilmen Hausdorfer, Bland, Schwartze, and Mayor Buchheim NOES: None ABSENT:Councilmen Friess CE BUCHHEIM, MAYOR ATTES -1- 0 • FINAL TRACT MAP 9786, SAN JUAN CREEK 8) Written Communications: 5) Report dated December 10, 1980, from the Director of Public Works advising that all Planning Commission conditions of approval have been met, all required fees paid, and that the Map is in conformance with Article 2, Chapter 2, of the Subdivision Map Act. Dennis Haehn, member of the Traffic and Transportation Commission, requested consideration of widening and extension of Via Andorra through San Juan Terrace to the Black Mountain Villas development for access purposes. Tim Kruer, developer, advised that Lot B is shown on the Map for dedication to the City; that an access road will be constructed through the rear portion of the Black Mountain tract; and, that Via Andorra will be open as a pedestrian access to Four Oaks Park. Council advised that options were not available to amend the Map. Approval of Final Map: It was moved by Councilman Schwartze, seconded by Councilman Buchheim to approve the Final Map for Tract 9786 with the determination that the Map is consistent with the General Plan and in substantial compliance with the approved tentative map. The Mayor and City Clerk were authorized to execute the Subdivision Agreement on behalf of the City; and, recordation of the Agreement was authorized. The motion carried by the following vote: AYES: Councilmen Friess, Schwartze, Buchheim and Mayor Hausdorfer NOES: None ABSTAIN: Councilman Bland ABSENT: None la/lo /%o April. 11, 1983 Mr. W.D. Murphy DIRECTOR OF PUBLIC WORKS CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Grading and Improvement Bond #SC 6-678A-3 Dear Mr. Murphy, The work on the above grading and improvement bond has been completed and accepted by the City of San Juan Capistrano. We therefore request that you release said Bond. If you have any questions please don't hesitate to call. Sincerely, HIDDEN MOUNTAIN VENTURE, LTD. Rebecca K. Hultman for Tim Kruer /rkh cc: Marianne Mahaffey Genstar Pacific Investments ,I. " /S. 28012 28012 San Juan Creek Road, San Juan Capistrano 714 / 831-7570 License No. 402832