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1985-1105_HEALTHPARK ASSOCIATES_Development Agreement
NG XEVDT 8J-•'�39602 LC —' OCORDIENTFEES �D EXEMPT TIODUE 1003 _ RY ANN HOVER, CITY CLERK S J a str 11ifo is 92675 RECORDING REQUESTED BY AITD n?VrEILO AC °f M T F WHEN RECORDED RETURN TO : FRADING, ON-SITE IMPROVEMENTS City of San Juan Capistrano AND SLOPE LANDSCAPING ADT 32400 Paseo Adelanto IRRICATION . San Juan Capistrano , CA 92675 Tract 12257 , 30200 P.ancho Viejo Rd. DEVELOPMENT AGREEMENT 1HIS AGREEMENT is made by and between the City of San Juan Capistrano, a municipal corporation, hereinafter referred to as the "City" and Healthpark Associates , hereinafter referred to as "Developer" . WITNESSETH: VERF.AS , City will issue grading Permit Yo . 0310C- to Devel per to construct certain designated improvements , more parte ularly described in Exhibit "A" attached and incorporated herei by reference, which said improvements constitute a portion of a usiness and Medical complex at the location of 30200 Rancho Viejo Road, commonly referred to as Healthpark; and EREAS , San Juan Capistrano Municipal Code 85-5 . 10(a) requires the posting of financial security to secure the faith 1 performance and labor and materials for the installation of improvements connected with the issuance of grading permits . N W, THEREFORE , in consideration of the premises and promis s hereinafter contained, City and Developer agree as follows : 1 . Developer ' s Improvements Obligations . Developer shall , at its sole cost and expense, provi3e and finish all labor, mater i is and equipment for the installation of improvements set fo th in Exhibit "A" . The Grading Permit and Precise Gradin Plans and Landscaping and Irrigation Plans which further define the improvements in Fxhibit "A" are on file in the office of the City' s Building Official and are incorporated herein by reference. 2 Develo er ' s Security. Developer shall provide to City b nds y a duly authorized corporate surety, subject to the ap roval of City' s City Attorney, to secure Developer ' s improv ment obligations required under this agreement . T e amount of bonds shall be $105 , 070. 00 (Item 1) , $871 , 9 0. 00 (Item 2) , 035 , 185 . 00 (Item ^'he bonds shall prove t at the surety stall attorney' s fees incurred by the City in enforcing the development agreement and surety bond. The total amount of the bonds covered by this agreement shall e $1, 012 , 155 . 00 . RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA -3 P PM NOV 13'85 -Q � ® COONTV y RECONDEN STATE OF CALIFORNIA lSS, 85- 439GO" COUNTY OF DY chi h� J On this day of _���cNYI Y � ' 19 before me the undersigned, a Not pr Pu`b�liic in ar�d for aid County qno State, personally appeared 4 t'l4 L'!1Gf ✓Gl �i o �"f'�In-��71 __ N personally known tome o be t �f ��!\ V1L�i✓ (7 (}- VYI I ' C eL�aartnershlp, sold partnership being a known to me to be one of the partners ofPh ✓�_--Y���`Q°- the partnership that executed the within instrument,and acknowledged to me that they executed the same as c partners of the partnership first above named, that said partnership executed the some as a partner of and that said last named partnership executed the same. I C E� OFfIC61L SEAL �IRIE LEONARD o WITNESS my hand and official seal Y &00 A01 22,IHDB - eI�P� CORPORATE ACKNOWLEDGMENT 140.202 Mate of California On this the 8th day of November 1985 ,before me, SS. County of Orange Mary A. Carlson the undersigned Notary Public,personally appeared Phillip R. Schwartze IX personally known to me ❑ proved tome on the basis of satisfactory evidence to be the personpk)who executed the within instrument as. OFFICIAL SEAL Mayor municipal MARY A CARLSON or on behalf of the Eorporation therein NOTARY PUBLIC-CA.I.IFORNIA named,and acknowledged to me that the corporation executed it. ORMGC COUNTy WITNESS my hand and official seal. hty comm. expires JAN 5, 1988 Notary' Signa re 7120 122 NATIONAL NOTARY ASSOCIATION•23012 Venture eivd.•P.O.Box 4925•Woodland Hills,CA 91364 CORPORATE ACKNOWLEDGMENT No 202 State of rat;forn'a On this the 5th day of November 1985 ,before me, SS. County of Orange Mary A. Carlson the undersigned Notary Public,personally appeared Mary Ann Hanover 12 personally known tome ❑ proved tome on the basis of satisfactory evidence to be the person(2)who executed the within instrument as OFFICIAL SEAL City Clerk or on behalf of the corporation therein MARY A CARISON named,and acknowledged to me that the corporation executed it. m NOTARY PUEUC�CALIFORNIA ORANGE COUNTY WITNESS my hand and official seal. � My comm, expires !AN 5, 1n.E3 y No ary' Signare TIM 122 NATIONAL NOTARY ASSOCIATION•23012 Ventura Blvd.•P.O.fox 4625•Woodland Hills,CA 91364 -2- 839602 I . For Com letion of Im rovements . Improvements described as Items 1, 2 , aEd 3 in Ex i it "A" shall be completed as follows : Item 1 : 90 days after permit issue Item 2 : 540 days (18 months) after permit issue , or 60 days after final inspection and approval of buildings , whichever is earlier . Item 3 : 150 days after permit issue Developer Default . In the event Developer does not complete the required improvements within the time required, or abandons the project site, City shall have the right to immediately declare a default and to make demand on the suret3 for performance . Attorney' s Fees . Developer agrees to pay City such sum aE 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 agree- ment , and such sum shall be made a part of any judgment in such action against the Developer if such action is determined in favor of said City. E . Develo er' s Work in Safe Condition. Developer shall perform all work in a safe, wor manliemanner 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 . 7 . Liabilit . Developer 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 Developer, his contractor, subcontractors , agents or employees in the performance of this agreement . In Witness Whereof, the parties have executed and notarized this agreement as of November 5 1985 , at San Juan Capistrano , California. Healthpark Associates , Developer City of San Juan Capistrano, City By: �na yjL By: l Richard R. _St nton Title m L4ti a3 ��Z 1 -itle : Mayor Phillip Schwartze APPROVED AS TO FORM: ATTEST: n R. Shaw, City Attorney P4ar .anover, City clerk 85439602 EXHIBIT "A" (THE HEALTHPARK IMPROVEMENTS) ITEM Construction of all on-site grading (cut and fill) operations in accordance with, and to comply with, requirements of Developer' s "Precise Grading Plan" , Tract 12257 , Sheets 1 through 5 dated October 16, 1985 , and supporting documents (Profiles , Geotech- nical Review, etc . ) . ITEM Construction of all on-site improvements in accordance with Developer ' s "Precise Grading Plan" , Tract 12257 , Sheets 1 through 5 dated October 16, 1985 ; including but not limited to ; street and parking improvements , terrace drains , down drains , sidewalks , area drainage system, retaining walls (not a part of building structure) , storm drainage system, erosion control devices and slope stabili- zation measures in accordance with Section 8 . 3 (c) of the Geotechnical Investigation dated September 18, 1984, prepared by G. A. Nicoll and Associates , Inc . ITEM Construction and placement of on-site planting (trees and shrubs) and an irrigation system at all of the area of the existing slope along the northerly property line in accordance with reveloper ' s plans , Sheets L-1 through L-9 dated October 1, 1985 , Also, Developer shall provide maintenance of above-referenced landscaping and irrigation system for a period of 90 calendar days after said landscaping and irrigation system has been accepted by the City. i Jen ! y MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. BUCHHEIM U'7 i0[OI,oU119 KENNETH E. FRIESS IIIIROIU 1961 GARY L. HAUSDORFER 1776 PHILLIP R. SCHWARTZE • ` • CITY MANAGER STEPHEN B JULIAN Decemb r 28 1989 Mission quity 27405 Pu rta Real, Suite 300 Mission iejo, California 92691 Re: Rel ase of Faithful Performance Bond Public Improvements Rancho Viejo Road at Miss on Hills Drive Tract 12257 Health ark Dear Ge tlemen: Enclosed is a certified copy of the following bond held as surety for the above-referenced project: PURPOSE AMOUNT Faithful Performance Bond $260,000 The Faithful Performance Bond, held for a one-year maintenance period, is hereby released effective November 15, 1989. If you have any questions, please do not hesitate to call. Very rrCMC Mary ACity ClMAH/dEnclosucc: DirksDiative Services 32400 PAS EO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493.1171 STATE F CALIFORNIA ) COUNT OF ORANGE ) ss. CITY O SAN JUAN CAPISTRANO ) 1, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, Californ a, DO HEREBY CERTIFY that the attached is a true and correct copy of the followin document: 1. Faithful Performance Bond No. LA-102096, dated November 26, 1985, in the amount of $260,000 and regarding public improvements for Tract 12257, Healthpark. (SEAL) MARY A NN OVER, CITY CLERK San Juan C pistrano, California Dated: I his 28th day of December, 1989. BOND NO. 096 PREMIUM: $4,680.00 SUBDIVISION FAcITErn PERFORMANCE BOND (GOVERNMENT CODE S 66499 .1) COPY WHE the City Council of the City of San Juan Capistrano, State of lifornia, and HEALTHPARK ASSOCIATES (hereafter designated as "Principal") , have entered into a Sub- . division A reement whereby Principal agrees to install and complete certain de ignated public improvements, which said Agreement dated 19 , and identified as Project T=act 12257 , is hereby eferred to and made a part hereof; and said Principal is required, under the terms of the said Agr ent, to furnish a bond for the faithful performance of said Agra eat; NOW THEREFORE, we, the Principal and FREMONT INDEMNITY COMPANY as Surety, are held firmly bound unto the C ty of San Juan Capistrano (hereafter. called "Obligee") , in the sum of TWO HUNDRED SIXTY THOUSMiR AND NO/100-----------($260.000.00)---------- Dollars, wful. money of the anfted States, for the payment of which sum all and truly__t -15*a made, we bind ourselves , our heirs ,. successors executors and administrators, jointly and severally, firmly by these presents . NOW THEREFORE, the condition of this obligation is such that if Pr ncipal shall promptly and faithfully perform said improvemen s, then the obligation shall be null and void; otherwise . it shall r in in full force and effect. Surety waives any rights , if there b any, to require that a demand be made first against the Princi al in the event of default. BE T FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in COPYJ addition to the face amount specified, there shall be included costs and reasonable expenses and fees , including reasonable attorney' s fees , incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no changet extension of time, alteration, or modifi- cation of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it doem hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder . Exi cuted this 26th day of November , 1985 , at California. 1 PRINCIPAL HEALTHP ARK ASSOCIATES r (NOTARIZATION AND SEAL) SMMTY FREMONT INDEMNITY COMPANY APPROVED AS TO FORM. By: Harry J: C r , Attorney-in-Fact J 4R. Shaw (NOTARIZA ION AND SEAL) t ey RELEASED QA'1E t� TI Y. ' FRE NT INDEMNITY CO%ANY HOME OFFICE—LOS ANGELES,CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE.PRESENTS: That, FREMONT INDEMNITY COMPANY , by G. P. JANICH its Senior Vice President, in pursuance of authoritygranted by Resolution of its Board of Directors at a meeting called and held on the 18th du Of February. 1972,which said Resolution has not been amended or rescinded and of which the following is a true,full and complete copy: "RESOLVED: hal the President or any Vice-President may from time to time appoint Attorneys-in-Fact to represent and act for and on I whalf of the Company,and either the President or any Vire-President, the Board of Directors or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her;and be it further "RESOLVED: hal the Attorneys-in-Fact may be.given full power to execute for and in the name of and on behalf of the Company any a id all bonds and undertakings as the business of the Company may require,and any such bonds or under- i takings eanxecute m by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed d atte ed by the Secretary." don hereby nominate, constitute and appoint HARRY J. CORRIN its true and lawful At orney-in-Fact,to make,execute,seal and deliver for and on its behalf,as surety,and as its act and deed: ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP IN WITNESS WHEREOF the said Senior Vice President has hereunto subscribed his name and affixed the corporate seal of the mid FREMONT INDEMNITY COMPANY,this 28th day of November A.D., 19 83 i I FREMONT INDEMNITY COMPANY By f STATE OFCALIFO NIA Senio Vice esident G. P . JANICH COUNTY OF LOS A GELES }ra On this 28th day of November A.D., 1983, before the subscriber, a Notary Public of the State of California,in and for he County of Los Angeles,duly commissioned and qualified,came the above named Senior Vice President, of FREN ONT INDEMNITY COMPANY to me personally known to be the individual and officer described in and who executed the prreedii g instrument, and he acknowledged the execution of the same,and being by me duly sworn,deposeth and saith, that he is the said of icer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the Said Corporation and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the nut riority and direction of the said Corporation. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Official Seal,at the City of n eles,the day and year first above written. OFFICIAL SEAL NANCY L. OKAMOTO NOTARY PUBLIC-CALIFORNIA (SEAL) Loa ANGELES COUNTY ary qublic My Commission Expires Sept.1,1986 1,the undersign ed, Secretary of FREMONT INDEMNITY COMPANY ,do hereby certify that the original POWER OF ATTORNEY,of which the foregoing is a full, true and correct copy,is in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation,this 26th day of November 1985 X30XMN Secretary EDWARD J. LIEBEF AGENDA ITEM October 20, 1987 TO: Stephen B. Julian, City Manager FROM: Thomas G. Merrell, Director Community Planning and Development SUBJECT: Extension of Time - Tentative Tract 12257 (Healthpark Associates) SITUAT ON A. Applicant Developer Hall and Foreman, Inc. Healthpark Associates 3170 Redhill Avenue c/o 27405 Puerta Real, #300 Costa Mesa, CA 92626-3428 Mission Viejo, CA 92691 B. jaMlary and Recommendation - Staff has reviewed the project tentative map and applicable conditions of approval and would recommend approval of a 12-month time extension. The recommendation is based upon the determination that the tentative tract map design remains consistent with the site plan approval (Specific Development Plan 81-2), the General Plan, and Municipal Code. In addition, the tract map is not required to implement the development plans. Currently, the project site has been rough graded and building permits issued including bonding for improvements and payment of applicable fees. C. Back round - The Healthpark project is located on the southeast corner of Rancho Viejo Road and Mission Hills Drive. The overall project encompasses approximately 14.31 acres of medical office and private recreation facilities. The medical office facil ty includes an administrative support building, surgi-center, and pharmacy. The ecreational facility includes racquetball courts, exercise rooms, tennis courts and swimming pool. The development plans associated with the project were approved in January 1981 with building and grading permits issued in 1986 and 1987 respectively. In 1984, the property owner submitted a tentative map to the City for consideration. This was done in order to assist in financing the project even though it was not necessary to implement the development. Subsequently, the City Council approved the tentative tract map on November 20, 1984. On December 16, 1986, the C ity Council granted a 12-month extension. The I resent status of the tentative map is as follows: 1. Improvement Plans were submitted to the City and returned for corrections. Staff has met with the project engineer and property owner to resolve outstanding issues. 2. Final map has been reviewed by the City and returned for corrections. Upon satisfactory completion of plan check the map will be scheduled for final City Council action. Agenda It!!m -2- October 20, 1987 Final y, the tentative tract map was initially approved by the City Council on Nove ber 20, 1984. On December 16, 1986, the City Council granted a 12-month exter sion. The current item represents the second request for extension. It is antic gated that the final plan checks can be completed and the final map approved dur in; the next 60 days. PUBLIC MOTWICATION A public hearing notice denoting the proposal, time, date, and location of the October 20, 1987, hea ing was published in the Capistrano Valley News. Property owners within 300 feet of the project boundary, as well as the property owners within the Malaspina tract and Mission Hills Ranch tract (including those beyond the 300 foot radius) were notified. The Mission Hills and Malaspina Homeowners' Associations were also notified. COMMUNITY REDEVELOPMENT AGENCY This project is located within the Central Redevelopment Project Area. COMMIS ONJBOARD REVIEW RECOMMENDATION None. NANCI L CONSIDERATIONS None. ALTERNATE ACTIONS 1. Deny the extension request; 2. Approve the extension request; or 3. Approve the extension request, with modifications. RECOMMENDATION By motion, approve a one-year time extension for Tentative Tract 12257. Respectfully submitted, Thomas G Merrell, Director Community Planning and Development TGM:DLB Icl CC/AI102 871 RESOLUTION NO. 87-10-20-2 TENTATIVE TRACT MAP 12257 (HEALTHPARK ASSOCIATES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, EXTENDING TENTATIVE TRACT MAP 12257 (HEALTHPARK ASSOCIATES) FOR 12 MONTHS WHEREAS, the applicant, Hall and Foreman, Inc., 3170 Redhill Avenue, Costa Mesa, California, has submitted Tentative Tract Map 12257, proposing to subdivide appro imately 14.2+ acres of land into 15 lots, located on Assessor's Parcel No. 650-1 1-01; and, WHEREAS, the City's Environmental Review Board has determined that the propo ed project will not have a significant effect on the environment, has accordingly issued a Negative Declaration for the project, and has otherwise carried out all requir ments of the California Environmental Quality Act; and, WHEREAS, the City Planning Commission forwarded the tentative tract map to the City Council recommending approval; and, WHEREAS, a public hearing was duly advertised and held to review and receive public testimony on the application by the City Council on November 20, 1984; and, . . WHEREAS, the City Council of the City of San Juan Capistrano found and deter ined as follows: 1. The proposed project, as conditioned, and its design and improvements are consistent with the 5.0 Public Institutional Designation on the General Plan Map and are otherwise consistent with all other Elements and General Plan. 2. The proposed project, as conditioned, conforms to all applicable requirements of Title 9 of the City's Municipal Code (Land Use) and is consistent with the approved concept plans referenced by Specific Development Plan (SDP) 81-2. 3. The project site is physically suitable for the type and density of the proposed development. 4. The design and improvements of the proposed project will not cause substantial environmental damage; nor will said design or improvements avoidably injure wildlife or their habitat. 5. The design or improvements of the proposed project will not cause serious public health problems. 6. The design or improvements of the proposed project will not conflict with easements acquired by the public at large for access through or use of property within the proposed project. 7. The design or improvements of the proposed project will not interfere with the maintenance or preservation of an historical site. -1- WHEREAS, on November 20, 1984, the City Council adopted Resolution No. 84-11-20-5 conditionally approving Tentative Tract Map 12257; and, WHEREAS, the applicant, Hall and Foreman, Inc., has requested a 12-month exte sion of time for Tentative Tract 12257; and, WHEREAS, the City Council conducted a duly advertised and noticed public hear ng on October 20, 1987. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San uan Capistrano, does hereby extend the approval of Tentative Tract Map 12257, for a pe iod of 12 months to, and including, December 16, 1988, subject to the following cond tions: 1. CC&Rs: A set of Conditions, Covenants and Restrictions (CC&Rs) shall be prepared and implemented for the project. The CC&Rs shall include at a minimum: a. Provisions on the use and maintenance, by the property owners, association, of recreation areas, other common areas, and slopes. b. The prohibition of radio or television antennas projecting above any roof eaves (pursuant to Section 9-3.609 of the Municipal Code). The CC&Rs shall be approved by the City Attorney prior to approval of a final map. 2. Landscaping Installation: Landscaping shall be installed as follows: a. Erosion-control landscaping for all manufactured slopes shall be installed immediately after the certification of rough grading by the City. b. Street trees and all other non-erosion-control landscaping shall be installed in accordance with a landscape phasing plan for Specific Development Plan 81-2. No final building inspection shall be conducted for any unit within a given phase until all landscaping has been installed for that phase and approved by the Department of Community Planning and Development. 3. Vehicular Access Rights: Vehicular access rights to all primary, secondary, and commuter highways shall be released and relinquished to the City except as street intersections. 4. Public Street: The following public street shall be designed, constructed, and dedicated in accordance with Section 9-4.103 of the Municipal Code: a. Rancho Viejo Road Channelization and frontage improvements shall be constructed along Rancho Viejo Road as approved by the City Engineer. -2- The tentative map shall demonstrate a 47-foot minimum right-of-way of which a minimum of 15 feet shall be reserved for a bikeway and planter area. 5. Water: Water transmission and distribution facilities shal be designed, constructed, and dedicated in accordance with Section 9-4.109 of the Municipal Code and the requirements of the Capistrano Valley Water District. Such distribution facilities and appurtenances shall be approved by the County Fire Marshal. 6. Slopes All manufactured slopes shall be designed and constructed in accordance with Section 9-3.505 and 9-4.112 of the Municipal Code. All such slopes shall be 2:1 ratio or flatter. 7. Other Improvements: Driveways, pedestrian ways, bikeways, equestrian trails, utility undergrounding, street lights, traffic signals, drainage facilities, and sanitary sewers shall be located and constructed in accordance with Article 9-4.1 (Design Standards and Requirements) of the Municipal Code and adopted City policy. 8. Geotechnical Study: A geotechnical feasibility study shall be completed to determine the seismic safety and soils stability of all proposed grading and development within the project. The report shall be reviewed and approved by the City Engineer prior to approval of a final map. 9. Fees: All required fees shall be paid prior to approval of a final map. 10. Equestrian Trail: The equestrian trail shall be irrevocably offered for dedication on the final map. 11. Open Space Lots: Lots A, B, C and D are open space lots and the use of the lots shall conform to Specific Development Plan 81-2. All open space lots shall be established within ninety days after recordation of the final map. 12. Open Space Lot Maintenance and Use: The CC&Rs prepared for the project will indicate the use and maintenance of the lettered lots in conformance with the provisions of Specific Development Plan 81-2. PASSED, APPROVED, AND ADOPTED this 20th day of October 1987. CE F. B CHHEIM, MAYOR PRO TEM ATTE T: CITY CLEPK -3- STA17E OF CALIFORNIA ) COUNTY OF ORANGE ) Ss CI OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, Cali ornia, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 87-10-20-2 adopted by the City Council of the City of San Juan Capi trano, California, at a regular meeting thereof held on the 20th day of October 1987, by the following vote: AYES: Councilmen Schwartze, Friess, Hausdorfer, and Mayor pro tem Buchheim NOES: None ABSENT: Mayor Bland (SEAL) ARY ANN ANOVER, CITY CLERK -4- STAOF CALIFORNIA ) CO NTY OF ORANGE ) ss. AFFIDAVIT OF POSTING CI OF SAN JUAN CAPISTRANO ) MARY ANN HANOVER, being first duly sworn, deposes and says: That she is the duly appointed and qualified City Clerk of the City of San Juan Capi trano; That in compliance with State laws of the State of California and in further compliance with City Resolution No. 83-L2-20-3 and on the 22nd day of October 1987, she caused to be posted: RESOLUTION NO. 87-10-20-2 , being: TENTATIVE TRACT MAP 12257 (HEALTHPARK ASSOCIATES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, EXTENDING TENTATIVE TRACT MAP 12257 (HEALTHPARK ASSOCIATES) FOR 12 MONTHS in th ee (3) public places in the City of San Juan Capistrano, to wit: City Hall; Old Fire Stati Recreation Complex; Orange County Public Library. MARY AN"- VEA, CrrY CLERK San Juan pistrano, California -5- 0 N U •� IY \0\IYYH f'Jl LO O .b F Y• 1 4 ` 1•)0 � 4 a C: a � W PN IV 14 y 3 \c wn YL a .ter, r ` "` ��/ •€ Y/ F Y f f Y v 11�•p\I _ r TRACT HAP - yy LOT Pao 11 L� - IwE, P -- � ,{ 7 �" LOT G Jr b1S LOT_L F� �0w PAD L_ N Lol.II. MAP �L I 11 l LOT zz. vw no PAD �I r - / q /� lk y� V N0 f - - ,.o-o.� - 'n r "+ / ,y S �9"� ^. I✓ RRE EIA I.— RATEE ITE ITIERTIE1.IFTERA ITITI om w¢eu anus l , . .. ..o... x. o-Ao �Do LLWi ecsu,r,m T 3 . --' �.0 3 Zz• l w YPER I EAE % - 4� \ ,mss ..w.TI,.AuRE,sEITaos. LERNII,EEEFRAR. lox.. UITI III IIIIIAL I A'11 ITR LOT - a wp \ / .,:.., zyu. 11 ENTIRE 111L 11 IRE'Cf T.L 11 RE p sme mrs m ou u WTI EIRE P —s—SEWER w.1 —w— Ea .. .. ., —_a MAT roN.nr w y • ml s uuu IWlua I.W os E.un,aul,nl, Ate* OVIL ENGINEERING • LAND PLANNING • LAND SURVEYING Septemb r 11 , 1987 Job #3403 Plannin Commission City of San Juan Capistrano 32400 Paseo Adelanto San Juai Capistrano, CA 92675 Attenti n: Planning Department Regarding: Tentative Tract 12257 Please accept this letter as a formal request for the City of San Juan Capistrano Planning Commission to extend the approval dates for Tentative Tract 12257 for one (1) year to allow enough time to record the final map. The tentative map was originally approved on November 20, 1984 and is due to expire on November 20, 1987, Thank you for your attention to this request. 13FOREMAN, M INC ichar( R. Dool'tt e E. Vice President RRD/mw cc: Rich Stenton, Bc Garrison (Mission Equity), Susan Roshan (H&F) 12 t � `j 3170 REDHI L AVENUE • COSTA MESA CALIFORNIA 92626-3428 • (714) AFFIDAVIT OF PUBLICATION This space is for the County Clerk's Filing Stamp ""M1 6 9 03 AH 97 CITY LLLP Hrf` 6F '. t:w STATE OF CALIFOR qIA County of Orange Proof of Publication of I am a citizen of the U iited States and a resident of the NOTICE OF PUBLIC HEARING County aforesaid:I a over the age of twenty one years, ... and not a party to or interested in the above-entitled ...... ....... .. .. .... ......... .... ..... ...... .. .. ... matter. I am the principal clerk of the Capistrano Val- ley News,a newspape of general circulation in the City of San Juan Capistrano, County of Orange, and which newspaper has been djudicated to be a newspaper of general circulation b the Superior Court of the County of Orange, State of C ilifornia, June 5, 1984, Case No. A-122949 in and forte City of San Juan Capistrano, County of Orange and he South Orange County Judicial District; that the noti e, of which the annexed is a true NQRImCtltiil�ll3 �W printed copy, has been published in each regular and ClTYSA�FMl/lP��lkil` hfl5 entire issue of said n ws a er and not in an supple N0110EIsxERERVOIVEN.GadanON301tansofOctoeer'lSol.- EXTENSION ►it P P Y PP "Px,in the City Council Clamber,33900 Pearn Adelana.sma ment thereof on the f llowing dates, to wit: ayrtreno,Calirorn�.l►eo CouneilwinnwtlPowhbenraQayno - EXTENSION OP APPROVAL•TENTATIVE TRAM 139x1'.,' <: (REALTNPARE ASSOCIATES) iii.piemror of elentalive trot[map subdividing app. b34Sarmsi "leo St""ILTla Pi9pmVboinggonsldaredis October 1, 1987 astcoef0erorRawhoVl"eloRemixed Mission Nall Drim.: tttui Se mam eaomoeb IdeminedatAmamoes Parcel No.dgbl6 a pmlett has been revimbed and piec used In 4vilMWW Yisvkolm aw Q%Aiv Ack The Ctb'a Eoull his determined that the prolect ad,rot here&'$ Me ked avimMem and bn im m l a Negative Declared - Ideclare under penally ofperjury that the foregoing is Me desirinStobe Goodin fivoroLmin oppomtiona."i " tare and correct. 3Maanopportpnity to do so iariN.aeh bearmS or by writive `G[taciI at 33190 Peace Adebulto,SotiJwn CoPletmno CaRran h}1ian CRY Clerk Far f elibrinmramu a,yeu mayceutoctdm W1171 Ax lIS �e.RoVEA it, Executed at Mission N iejo, Orange County California,this .. ..1.... dayof Oct 19 .87.. .. . .. ....... .. ....... .. Signature Capistrano Valley News 23811 Via Fabricante P.O Box 3629 Mission V ejo, Calif., 92690 NOTICE OF TRANSMITTAL - LEGAL PUBLICATIONS TO: CAPISTRANO VALLEY NEWS Jody Kolar, Legal FOR PU LICATION ON: THURSDAY, OCTOBER 1, 1987 DOCUM NT TO BE PUBLISHED: NOTICE OF PUBLIC HEARING - EXTENSION OF APPROVAL - TENTATIVE TRACT 12257 (HEALTHPARK ASSOCIATES) PROOF F PUBLICATION: Please send to: City Clerk's Department City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (714) 493-1171 AUTHO IZED BY: i DATE: September 24, 1987 Date of F ublic Hearing - 10/20/87 Date not' e published - 10/OL/87 Date affi Javit received - W6 /9 Date noti e posted in desi nated posting places (3) - 10/01/87 Date noti a posted on property - 10/01/87 Date of ailing notice to inter sted parties - 10/01/87 Date not.i e transmitted to City Manager's Office - 09/24/87 WAN' noti( flost � Iris c4v PUBLIC HEARING CITY OF SAN JUAN CA PIS TRA NO NOTICE 13 HEREBY GIVEN, that on the 20th day of October, 1987, at 7:00 P.M., in the City Cou cil Chamber, 32400 Paseo Adelanto, San Juan Capistrano, California, the City Council w 11 hold a public hearing on the following: EXTENSION OF APPROVAL - TENTATIVE TRACT 12257 (HEALTHPARK ASSOCIATES) A request for extension of a tentative tract map subdividing approximately 14.2± acres into 15 parcels. The property being considered is located on the southeast corner of Rancho Viejo Road and Mission Hills Drive. The property is more commonly identified as Assessor's Parcel No. 650-161-01. This project has been reviewed and processed in accordance with the California Environmental Quality Act. The City's Environmental Review Board has determined that the project will not have a significant effect on the environment and has issued a Negative Declaration. Those desiring to be heard in favor of, or in opposition to, this item will be given an opportunely to do so during such hearing or by writing to the City Council at 32400 Paseo Adelanto, San Juan Capistrano, California 92675, Attention: City Clerk. For further information, you may contact the City Clerk's Department at 493-1171. MA Y NN HY14OVER, CITY CLERK FOR OFFICE USE ONLY: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) AND PUBLICATION MARY ANN I IANOVER, being first duly sworn, deposes and says: That she is the duly appointed and qualified City Clerk of the City of San Juan Capistrano; that on October 1, 1987, she caused the above Notice to be posted in three (3) public places in the City of San Juan Capistrano, to wit: City Hall; Old Fire Station Recreation Complex; Orange County Public Library AND, that on October 1, 1987, the above Notice was published in the Capistrano Valley News newspaper. M.ArKY ANN HANGFVER, CITY CLERK City of San Juan Capistrano, California 31b . 1 DEVEL MENT AGREEMENT FOR GRADING SLOPELANDSCAPOffING AND -S R T AT T 2 HPARK OC TES 1 406. 6291. As set forth in the report dated November 5 , 1985 , from the DirectDr of Community Planning and Development, the Agreement with Healthpark Associates, which set the total amount of the required grading bonds at $1 ,012,155 , set time limits for work completion, and specified the conditions and obligations of both parties in the event work was not Satisfactorily completed, was approved. The Mayor and City Clerk were authorized to execute the Agreement on behalf of the City. The City Clerk was authorized to forward the Agreement to the Orange County Recorder. 11 � 5 � 85 AGEND ITEM november 5 , 1985 TO: Stephen B . Julian, City Manager FROM: Thomas G. Merrell, Director Community Planning and Development SUBJE Execution of Development Agreement for t=rading, Slope Landscaping and On-Site Improvements (Healthpark Associates) SITUATION The Sa Juan Capistrano Municipal Code requires that a grading bond be posted as a condition for issuance of a grading permit . Because of the size, alue and complexity of the Healthpark Associates development being ndertaken, a Development Agreement between the City and Health ark Associates was also prepared which defines the amount of the required grading bond, sets time limits for work comple ion, and specifies the conditions and obligations of both p rties in the event the work is not satisfactorily prosecuted and/or completed in accordance with the agreement . This " velopment Agreement was approved by the City Attorney and ha been executed by authorized officers of Fealthpark Associ tes . It is submitted herewith for acceptance by the City Counci and for execution by the Mayor, COMMIS IOD?/BOARD REVIEW, RECOMMENDATION Not applicable. ALTERNATE ACTIONS 1. A cept the attached Development Agreement and direct that it be e ecuted and recorded. 2 . A cept the attached Development Agreement with modifications . 3 . R quest further information. RECOMM NDATION Accept the attached Development Agreement, authorize that it be execut d by the Mayor and direct that it be recorded by the City C erk. Respec fully submitted, Thomas G. Merrell , Director Community Planning and Development TGM:NSC :mI E7 ) Q Attach ent 4vb . baG DEVELOPMENT AGREEMENT FOR GRADING SLOPE LANDSCAPING AND - T A RACT12257 IHEALTHPARK SOC TES) 1 406 . 629 ._ ti � I (- , I As set forth in the report dated November 5 , 1985 , from the Director of Community Planning and Development, the Agreement with Healthpark Associates, which set the total amount of the required grading bonds at $1 ,012,155 , set time limits for work completion, and specified the conditions and obligations of both parties in the event work was not Satisfactorily` completed, was approved. The Mayor and City Clerk ere authorized to execute the Agreement on behalf of the Ci y. The City Clerk was authorized to forward the Agreement to the Orange County Recorder. 1 I � 5 � 85 AGENDA ITEM Yovember 5 , 1985 TO: Stephen B . Julian, City Manager FROM: Thomas G. Merrell , Director Community Planning and Development SUBJEC Execution of Development Agreement for Prading, Slope Landscaping and On-Site Improvements (Healthpark Associates) SITUAT ON. The Sa Juan Capistrano Municipal Code requires that a grading bond be posted as a condition for issuance of a grading permit . Because of the size, alue and complexity of the Healthpark Associates development being dertaken, a Development Agreement between the City and Health ark Associates was also prepared which defines the amount of the required grading bond, sets time limits for work comple ion, and specifies the conditions and obligations of both p rties in the event the work is not satisfactorily prosecuted and/or completed in accordance with the agreement . This D velopment Agreement was approved by the City Attorney and ha been executed by authorized officers of Fealthpark Associ tes . It is submitted herewith for acceptance by the City Counci and for execution by the Mayor. COMMIS ION BOARD REVIEW RECOMMENDATION Not ap licable. ALTERNATE ACTIONS 1. Accept the attached Development Agreement and direct that it be e ecuted and recorded. 2. Accept the attached Development Agreement with modifications . 3 . Request further information. masa:a same:saaaaxaaaaaaaaxsaaaaaasamaaaaasaamaaaaaasaaaaaasassax RECOMMENDATION AI the attached Development Agreement, authorize that it be d by the Mayor and direct that it be recorded by the lerk. am• fully submitted, G. Merrell , Director ity Planning and Development :ms ent ) O U . GO UNCIL n F .v • .� BOND NO. LA-102096 PREMIUM: $4,680.00 SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE S 66499 .1) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and HEALTHPARK ASSOCIATES (hereafter designated as "Principal") , have entered into a Sub- . division Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated 19 , and identified as Project Tract 12257 , is hereby eferred to and made a part hereof; and WHEREAS, said Principal is required, under the terms of the said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW,.-THEREFORE, we, the Principal and FREMONT INDEMNITY COMPANY as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter. called "Obligee") , in the sumOf TWO HUNDRED SIXTY THOUSR+D AND NO/100-----------($260,000.00)---------- Dollars, lawful money of the//Uns'ted States, for the payment of. which sum ell and truly_ _to--be .made, we bind ourselves , our heirs ,. successors, executors and administrators , jointly and severally, firmly by these presents . NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvement , then the obligation shall be null and void; otherwise . it shall r in in full force and effect. Surety waives any rights , if there by any, to require that a demand be made first against the Princip 1 in the event of default. BE I FURTHER RESOLVED: 1. a part of the obligation secured hereby, and in `7J 4 A4dition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney' s fees , incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modifi- cation of the contract documents or of the work to be performed thereunderi, shall in any way affect its obligations or this bond, and it does; hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this 26th day of November 1985 , at /y/is�,� i �d �• California. PRINCIPAL HEALTHPARK ASSOCIATES I - -By _�a (NOTARIZATION AND SEAL) SURETY FREMONT INDEMNITY COMPANY APPROVED ASITO FORM. E Harry J. C r' , Attorney-in-Fact J R. Sha (NOTARIZA ION AND SEAL) (7eAttorny RELEA80 n�'..+ 7 _ Ci�An TVT CTl1N FATTAFTTT. DF'q onDMlf et/`o nn�m STATE OF CALIFORNIA 1 COUNTY OF C)Y,4 v < )SS. IJ p \ On this day of \Vcy-x�W��Y� . 195.before me the untlersigned, o a Notary Public in and for sgid ounty and�Stafe,persor}atly appeared �C'. i �f 121/1 personally known to me( )to be 0 known-tame 3o be-one a&the-partners o7 ° the partnership that executed thewithin instrument,ondacknowledged tomethat theyexecuted the some as S partr�r5 of the pprtners ip first above named, that said partnership executed the some as a partner of -P A and that said last named partnership executed the some. m ^OFFICIgL SEAL THERESE MARIE LEONARD � NO7ARY PUBLIC-CALIFORNIA g WITNESS my h nd and official seal. ORANGE CODNTY .. My Cemm.Expires April 22. 1988 Signaltur�—���11 ' vG�t I I' �CllL2A 1��IC�i'7� .`•. ....'•.. ..". _ ^ _--...•. Name(Typed or Printed) (This area for official seal) Ti 109 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES SS: On this 26th Y November 1985 da of in the year NANCY M. FT ORES y _before me HARRY J. CORRIN Notary Public personally appeared (or proved to me on the basis of satisfaccor evidence) to be theppersonl h known to me this instrument as attorney-in-facty person who executed the corporation therein named and acknowledged MttoTmeN that the executed it, IN WITNESS WHEREOF, I have hereunto set my hand affixe and year stated in this Certificate above. official seal, the day i My Commission Expires�T OFF:expires EAL - - ota v Pu is JEC:225 NANFLORES E � NOTARY PUBLIC CALIFORNIA LOS ACOUNTY / My commMAY 20, 1988 L/ FRESONT INDEMNITY COMPANY HOME OFFICE — LOS ANGELES,CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That, FREMONT INDEMNITY COMPANY ,by G. P. JANICH its Senior Vi a President, in pursuance of authority granted by Resolution of its Board of Directors at a meeting called and held on the 18th of February, 1972, which said Resolution has not been amended or rescinded and of which the following is a true,full and complelellcopy: "RESOLVED: That the President or any Vice-President may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the Company,and either the President or any Vice-President, the Board of Directors or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of.Attorney given him or her;and be it further "RESOLVED: That the Attorneys-in-Fact may be given full power to execute for and in the name of and on behalf of the Company any a d all bonds and undertakings as the business of the Company may require,and any such bonds or under. takings executed by any such Attorney-in-Fact shall be on as binding upthe Company as if signed by the President and sealed and attest d by the Secretary." does hereby nominate, constitute and appoint HARRY J . CORRIN its true and lawful Attorney-in-Fact,to make,execute,seal and deliver for and on its behalf, as surely,and as its act and deed: AI AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP IN WITNESS W EREOF the said Senior Vice President has hereunto subscribed his name and affixed the corporate seal of the sad FREMONT INDEMNITY COMPANY, this 28th day of November A.D., 19 83 FREMONT INDEMNITY COMPANY r, f By Y\ STATE OF CALIFOR141A Senio Vice esident G. P . JANICH COUNTY OF LOS AN 'ELES Iss On this 2 th day of November A.D., 1983, before the subscriber, a Notary Public of the State of California,in and for tl ie County of Los Angeles,duly commissioned and qualified,came the above named Senior Vice President, of FREMC NT INDEMNITY COMPANY to me personally known to be the individual and officer described in and who executed the prevedinj instrument, and he acknowledged the execution of the same,and being by me duly sworn,deposeth and with, that he is the said offs er of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the Said Corporation, ind that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the aut ority and direction of the said Corporation. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Official Seal,at the City of n eles, the day and year first above written. OFFICIAL SEAL NANCY L. OKAMOTO •ti�'�'-"' NOTARY PUBLIC-CALIFORNIA (SEAL) LOS ANGELES COUNTY My Commission Expires Sept.1,1986 _,N94ary qublic I,the undersigned, Secretary-of FREMONT INDEMNITY COMPANY , do hereby certify that the original POWER OF ATTORNEY,of which the foregoing is a full,true and correct copy,is in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation,this 26th day of November 1985 Secretary EDWARD J. LIEBE HOME OFFICE HONTHWIN CALWOVO"O1V1610N alll War,�ame�a A tE FAIRM INSURANCE COMPdi' <I1 aorc A.eaa s i,e 31n P.O.Bon 99N P_O.am 59N Burbank,Califomia 9151San Mmm.CaGfornu WJ02 (818)��95 (4151 AI-1111 CERTIFICATE OF INSURANCE —WORKERS' COMPENSATION THIS CERTT AN INSURANNotwithstand Ing any requirement,term,or condition of any contract or otherdocument which the cert! d,the insurance afforded by the policies listed on the certificate is subject toall the termlicies." ���)j����� 11L� �QQ CERTIFICATEDDRESS: r1iiY 1�( �9Q! NAMED INSURED AND ADDRESS: CITY OF N CAP�I�'I�7JS�YTRJJJ I!!! JU RP1Ik MISSION EQUITY INC . (A CORPORATION ) 2400 PASE0 ADELANTE *FIRST CALIFORNIA PARTNERS (A PARTNERSHIP )AN JUAN CAPISTRANO, CgELGAR PARTNERS ( A PARTNERSHIP ) JUDBA) MISSION EQUITY 27405 PUERT REAL, SUITE 300 MISSION VIEJO, CA 92691 F Pohcv48Number 759- 9/Olt/89ate�9�ro0r�t7nn8ate— THIS IS TO CERTIFY that we have issued to the above named insured a valid California Workers' Compensation insurance policy in a form approved by the Insurance Commissioner of the State of California, "SUPERSEDES PREVIOUS CERTIFICATE" DESCRIPTION OF ORERATIONS COVERED. All Operations in the State of California which are covered under this policy. EMPLOYER ' S LIABILITY LIMIT OF $1 ,000,000 fir THIRTY ( 300yy)) yyyy / This policy shall not be cancelled nor reduced in coverage until afteAWTDTyy dayi written notice of such cancellation or reduction in coverage shall have been mailed to this c rtifieate holder. THIS CERTIFICAT OF INSURANCE NEITHER AFFIRMATIVELY OR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE AFFORDED BY TH POLICY INDICATED ON THIS CERTIFICATE UNDER POLICY NUMBER. JAMES ECONN & CO . 1 -06573-1000-Q DATED AT BU BANK FAIRMONT INSURANCE COMPANY P r` Y� C This30THdayof OCTOBER 1989 EDP AUTHORIZED R RES1 NTATIVE U-IS ., , . ,, ,.,, . . gyp,',`�� `f�' � Vh�b !1 ,Y F�!' ' � y I, MEMBERS OF THE CITY COUNCIL © ANTHONY L. BLAND q1 LAWRENCE F. BUCHH EIM ml01ro I1llKENNETH E. FRIESS Islllllpll 1961 GARY L. HAUSOORFER 1776 PHILLIP R. SCHWARTZE B�• CITY MANAGER STEPHEN 8 JULIAN January I6, 1989 Mission quity 27405 P erta Real, Suite 300 Mission iejo, California 92691 Re: elease of Labor and Material and Monumentation Bonds Public Improvements ancho Viejo Road at Mission Hills Drive Tract 12257 Health ark Dear Ge tlemen: Enclose are certified copies of the following bonds held as surety for the above- referenc d project: PU POSE AMOUNT 1. onumentation Bond $ 5,000 2, abor and Material Bond 260,000 The proj ct under these two bonds is completed and the bonds were released effective Decemb r 23, 1988. The Faithful Performance Bond for Public Improvements is to be held until Novemb r 15, 1989. If you ha a any further questions, please do not hesitate to call. Very trul yours, Mary An anover, CMC City Cie k MAH/dm Enclosur s cc: Dir for of Public Works Dir for of Administrative Services 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493.1171 CONTRACT BOND-CALIFORNIA S FAITHFUL PERFORMANCE-PUBLIC WORK Bond No. LA-102097 Initial premium charged for this bond is $ 90.00 subject to adjustment upon• completion of contract at applicable rate on final contract 'price. KNOW ALL ME14 BY THESE PRESENTS, That HEALTHPARK ASSOCIATES of as Principal, and the FREMONT INDEMNITY COM`P7qY a corporation .organized and existing ander t e� 14WS 01 California and authorized to transact . surety business in the State o Ca ornia, as Surety, are held and firmly bound unto City of San Juan Capistrano, in the sum of FIVE THOUSAND N01100--------- -------- dollars M 000. -------) ,, for the payment w ereo , Will an t y to be made, say. Principal and Surety bind themselves , their heirs administrators, successors and assigns, jointly and severally, irmly by these presents. THE CONDITION OF THE FOREGOSNG OBLIGATION IS STJCH,, that WHEREAS, the above-bounden Principal has entered into a Contract dated 19 , with the City of Sari Juan Capistrano to o and perf8rm the fo lowing work to wit: Subdivision Monuments for Tract 12257 NOW, THEREFORE, if the above-bounden Principal shall faithfully perform all; the provisions of said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and isealed this 26th day of November. 1985, HEALTHPARK ASSOCIATES Monumentatign Bond rel ased a fect've 12/2 /88. rinc ipa APPROVED AS TO FORM. by --2='f ✓Lp FREMONT INDEMNITY COMPANY Jo R. S aw Ci Attorney by �'-`—�— rry , Attorney-in-Fact NOTE: Ac"owledgments of execution of Principal and Surety must. STATE OF CALIFORNIA SS, COUNTY OF CTL ae day of V�0 P rr 19���✓ . store me the and rslgn d. On this a Notary Public in and for said County and State,personally appeared a oNmidet�&)to be "Ina personally known to me(erl>Srovred'�me-ora-THa bask of 0 � as the pa rtnership that executed the within instrument.and acknowledgedto methatthey executed the so ee of i partners of the partnership first above named, that said partnership executed the some as a pa rtr�',0-' Oe _ ,and that said lost named partnership executed the same. l OFFIL'Ine THERESE MARIE LEONARD �' � - NOTARY PUBLIC-CALIFORNIA o ORANGE COUNTY 1 WITNESS my hand and official seal. My Camm.Expires ADril 22, 1988 Signature �0l tSte— ( V -PUHAV(� N (This area for Name(Typed or Printed) official seal) M09 STATE OF CALIFOTt"7IA ) LETS AIT M- r.9 ) s s: COUNTY OF ) On this 2Fth da of `Tovemher in the !g y year before me "TA?TCY M. Y,,OR??R Notary Public personally appeared ?TARRY J. COP.RIDT personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as attorney-in-fact of FR..MMT I*TT)?.MMTTY CO!TAW the corporation therein named and acknowledged to me that the corporation executed it. IN WITNESS WHEREOF, I have hereunto set my handa affixed my official seal, th ay and year stated in this certificate above. My Commission Expires to Pubf is OFFICIAL SEAL NANCY M FLO1RES JEC:225 m K NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNTY �. MY comm. expires MAY 20, 1986 FREANT INDEMNITY C•ANY HOME OFFICE —LOS ANGELES,CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE.PRESENTS: That, FREMOi INDEMNITY COMPANY , by G. P. JANICH its Senior Vi a President, in pursuance.of authority granted by Resolution of its Board of Directors at a meeting called and held on the 18th day of February. 1972, which said Resolution has not been amended or rescinded and of which the following is a true,full and complete copy: "RESOLVED: That the President or any Vice-President may from time to time appoint Attorneys-in-Fact to represent and act for and on b¢half of the Company,and either the President or any Vire-President,the Board of Directors or Executive Committee may }I any time remove such Attorneys-in-Fact and revoke the Power of.Attorney given him or her;and be it further "RESOLVE$): That the Attorneys-in-Fact may be given full power to execute for and in the name of and on behalf of the Company any an all bonds and undertakings as the business of the Company may require, and any such bonds or under- takings executed by any such .Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and atlesl�d by the Secretary." does hereby nominate, constitute and appoint HARRY J. CORRIN its true and lawful Attorney-in-Fact,to make,execute,seal and deliver for and on its behalf,as surely,and a.,its act and deed: ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP ,! IN WITNESS #EREOF the said Senior Vice President bas hereunto subscribed his name and affixed the corporate seal of the -FREMONT INDEMNITY COMPANY, this 28th day of November A.D., I'1 83 FREMONT INDEMNITY COMPANY f By STATE OFCALIFORNIA Senio Vice esident G. P . JANICH COUNTY OF LOS ANGELES }se On this 2 th day of November A.D., 1983, before the subscriber, a Notary Public of the State of California,in and for tl a County of Los Angeles,duly commissioned and qualified,came the above named Senior Vice President, of FREMC NT INDEMNITY COMPANY , to me personally known to be the individual and officer described in and who executed the preredin instrument, and he acknowledged the execution of the same,and being by me duly sworn,deposeth and saith, that he is the said offi er of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the Said Corporation, nd that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the auth wity and direction of the said Corporation. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Official Seal,at the City of n eles, the day and year first above written. m V, OFFICIAL SEAL NANCY L. OKAMOTO (SEAL) 3 K NOTARY PUBLIC.CALIFORNIA LOS ANGELES COUNTY N 54 ary jublic My Commission Expires Sept.1,1986 I,theundersigne , Secretary of FREMONT INDEMNITY COMPANY ,do hereby certify that the original POWE OF ATTORNEY,of which the foregoing is a full,true and correct copy,is in full force and effect. IN WITNESS W EREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal oft a Corporation,this 26th day of November 1985 A*Xn= Secretary EDWARD J. LIEBE �; {M • • Premium Included BOND NO. LA-102096 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS : That WHEREj*SI the City of San Juan Capistrano, a municipal corporation ofiOrange County, California, has awarded to BE HP , License No. , hereinafter deslgnat as Primcipa , a contract for Tract 12257 and said Principal is required to furnish a bond in connection wi the said contract providing that if said Principal, or any of his r its sub-contractors, shall fail to pay for any materials, pro isions, provender or other supplies or teams used in, upon, for r about the performance of the work contracted to be done, or fo any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, '{THEREFORE, We HEALTHPARK ASSOCIATES Principal, andFREMONT INDEMNITY COMPANY , as surety are. held firmly bo 1 . d unto the city of San an Capistrano , a municipal corporation, the penal sum of i�$/�Badred-sixty_th-ousand-and-no DOLLARS ($ 260,000.00----T. 60 000.00-,--- , lawful money of the United State of America, for payment of whs h sum well and truiy to be made we bind ourselves, our heirs, exe tors, administrators and successors , jointly and severally, fi y by these presents. THE C NDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub-contractors, shall fail to pay for any materials, provisions, p vender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, o for any work or labor done thereon. of any kind, or for amounts d e. under the Unemployment Insurance Act with respect to such work r labor as required by the provisions of Title 1, Division 5 , apter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon a bond, a reasonable attorney ' s fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, ompanies and corporations entitled to file claims under said ac , so as to give a right of action to them or their assigns in an suit brought upon this bond. FUR R, the said surety, for value received, hereby stipulates an agrees that no change, extension of time, altera- tion or modif* cation of the contract documents or of the work to be performed hereunder shall in any way affect its obligation on this bond and 'it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed thereunder. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees , including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. ' IN iWITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and surety herein named on the 26th day of November 1985. The name and !corporate seal of each corporate party being hereto affixed and t ese presents duly signed by its undersigned representatives pursuant to authority of its governing body. HEALTHPARK ASSOCIATES PRINCIPAL By / R eU, Z.BEMODTT INDEMNITY COMPANY SURETY B Harry J. Corr' A torney-in-Fact APPROVED AS TO FORM. Jo R. Shaw y Attorney �abor and Material Bond releas d effective 12/23/88. L&M Page 2 STATE OF CALIFORNIA i SS COUNTY OF OtI'T`- r �C��evv.�Je ✓ 19 u-�, fore me ihe�und r Ign-40�d., On this day of ' Cbj:Zr r � d a Notary Public in and for said County and State,personally appeared—�-- a co be personally known to me t �t n r�daccsof ' 0,✓ ✓I 1 0 a f• o k rtners o ° the partnership that executed thewithin instru nt.and acknowledgedtome thatiheY executed the same as 2 part rs of the partnership first above named, that said partnership executed the some as a partner of - \\ 6i D 1 O ^- 1� 1 CX-- ,and that said last nQ.[_pq rtnership executed the some. "a �, P� THERESE MARIE LEONARD � ;, � NOTARY PUBLIC-CALIFORNIA 4� ORANGE COUNTY 5 WITNESS my hand and official seal. My Comm. 6.pires April 22, 1988 Signature ry PoYtCy v `1 Name(Typed or Printed) (This area for official seal) 11109 STATE OF CALIFORNIA ) LOS ANC.EL?S ) ss. COUNTY OF ) On this 26th da of November in the 1985 y year before me NANCY ?T. FLORES Notary Public personally appeared !!AR Y J. CORRTN personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as attorney-in-fact of FREMONT INDF,MNTTY COMPANY the corporation therein named and acknowledged to me that the corporation executed it. IN WITNESS WHEREOF, I have hereunto set my hand and affixe official seal, the dl� and year stated in this certificate above. My Commission Expires' _- / Nptary ubl'c � ,a, OFFICIAL SEAL / / NANCY Al FLORES JEC:225 "�m '' NOTARY PUBLIC -CALIFORNIA LdS ANGELES COUNTY My comm. ezpires MAY 20, 1988 e �0% — MEMBERS OF THE CITY COUNCIL � ANTHONY L. BLAND LAWRENCE F. BUCHHEIM ,� r of Ooo[Ae RO KENNETH E. FRIESS 'lla114n10 1961 GARY L. HAUSDORFER 176 PHILLIP R. SCHWARTZE �A • CITY MANAGER STEPHEN B JULIAN I October i23, 1987 Healthp rk Associates c/o 2740 5 Puerta Real, #300 Mission Viejo, California 92691 Re: Extension of Time for Subdivision of Lots - Tentative Tract 12257 (Health ark Assc ciates Gentlemen: The Cit Council of the City of San Juan Capistrano at its regular meeting held October 20, 1987, took the following actions: 1. Conducted a Public Hearing regarding extension of time for subdivision of lots for Tentative Tract No. 12257. 2. Adopted Resolution No. 87-10-20-2 extending Tentative Tract Map No. 12257. 3. Directed that erosion controls be in place in two weeks. A copy o Resolution No. 87-10-20-2 is enclosed for your information. If we car be of further assistance, please call. Very truly yours, 7yj Mary Ann Hanover, CMC City Clet k MAH/ma Enclosur cc: Dire for of Public Works Miss on Hills Ranch Homeowners Association Mal spina Homeowners Association Hall and Foreman, Inc. 32400 PA$EO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 a0W% MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. ■UCHHEIM 2Y ufl,Nurtl KENNETH E. FRIESS ISTIIIIfIII I!!I GARY L. HAUSDORFER 1776 PHILLIP R. SCHWARTIE • CITY MANAGER • • STEPHEN S. JULIAN November 7, 1985 SAS Co structors, Ltd. 540 Go den Circle Drive Santa a, California 92705 Re: E ecution of Development Agreement for Grading, Slope Landscaping, and On-Site Improvements (Health ark A sociates) Gentle en: The Ci y Council of the City of San Juan Capistrano at its regular meeting held November 5 , 1985 , approved the Development Agreement between the City and Healthpark Associates. This Agreement defines the amount of required grading bond, sets time limits for work completion, and specifies the conditions and obligations of both parties in the event the work is not satisfactorily completed. Enclosed is an executed copy of the Agreement for your information. The City' s copy of the Agreement has been forwarded to the County Recorder. Thank you for your cooperation. If you have any questions, please do not hesitate to call. Very truly yours, MARY N NOVER, CMC City C erk MAH/ma Enclos re cc: Director of Community Planning and Development 1 32400 PASEOI ADELANTO, SAN.JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 MEMORANDUM December 3 , 1985 TO: Cathleen A. DuCoing, Records Coordinator FROM: C. M. Bryant, Engineering Assistant SUBJECT: Surety, Tract 12257 (Healthpark) The fo lowing sureties have been received and approved for the subjec tract. The originals are attached for your files. Surety Number Amount Company Purpose Bond LA-102096 $260, 000 Fremont Faithful Indemnity Performance Bond LA-102096 $260 , 000 Fremont Labor & Indemnity Materials Bond LA-102097 $ 5 , 000 Fremont Monumentation Indemnity c� CMB:nb attachments CJS t � r `-' MtMSSRS 0► THC CITY COUNCIL ANTHONY L. SLANG � LAWRSNCt ►. SUCHMMIM tIMRl11 NSNNtTH t. ►RIt55 IIINNIII 1 I'� GARY L. HAUSOOR►tR IM ►NILLI► R. SCHWARTSt f . CITY MANAOt R' • • STt►HiN t. JULIAN November- 7, 1985 SAS Constructors, Ltd. 540 Gol en Circle Drive Santa Aaa, California 92705 Re: Ex cution of Develo went A eement for Gradin Slope L sca in an On-Site Improvements (Hes th ar As ociates) Gentles n: The Cit Council of the City o£ San Juan Capistrano at its requla meeting held November. 5 , 1985 , approved the Development Ag> eeme t between the City and Healthpark Associates. This AgreemIs t defines the amount. of required grading bond, sets time limits or work completion, and specifies the conditions and obligat ons of both parties in the event the work is not satisfa torily completed. Enclose is an executed copy of the Agreement for your information. The City' s copy of the Agreement has been forwarded to the ounty Recorder. Thank y u for your cooperation. If you have any questions, please lo not hesitate to call. Very truly- yours, MARY ANN OVER, CMC City Clerk MAH/mac Enclosu Is CC: Di ector of Community Planning nd Development 32400 PASEOiADELANTO, SAN.JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 t STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY Or SAN JUAN CAPISTRANO ) 1, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, Californ a, DO HEREBY CERTIFY that the attached is a true and correct copy of the followin documents: 1. Monumentation Bond No. LA-102097, dated November 11, 1985, in the amount of $5,000 and regarding public improvements for Tract 12257, Healthpark. 2. Labor and Materials Bond No. LA-102096, dated November 26, 1985, in the amount of $260,000 and regarding public improvements for Tract 12257, Healthpark. (SE L) MARY N VER, City Clerk San Juan C istrano, California DATED: THIS 6th day of January, 1989. CONTRACT BOND-CALIFORNIA ' • FAITHFUL PERFORMANCE-PUBLIC WORK Bond No. LA-102097 Initial premium charged for this bond is S 90.00 subject to adjustment uporr completion of contract at applicable rate on final contract 'price. KNOW ALL N BY THESE PRESENTS, That HEALTHPARK ASSOCIATES of , as Principal, and the FREMONT INDRMNItY CO ANY a corporation .organized and existing under the aws Ot California and authorized to transact , surety business i the State of ealifolmia, as Surety, are held and firmly bound unto City of San Juan Capistrano, in the sum of FIVE THOUSAND N01100------- ---------- dollars ($5 000 OR 0, for the payment whereof, we an y to -be made, sal Prince al and Surety bind themselves, their he s, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONIII ON OF THE FOREGOING OBLIGATION IS SUCH.. that WHEREAS, the above-bo den Principal has entered into a Contract dated 19 , with the City of San Juan Capistrano to o and pe form the oilowing wor17 to wit: Subdivision Monuments for Tract 12257 NOW, ORE, if the above-bounden Principal shall faithfully perform a 1 the provisions of said Contract, then this obligation shall be aid; otherwise to remain in full force and effect. Signed an sealed this 26th day of November. 1985. HEALTHPARK ASSOCIATES Monumenta ion Bond rel ased a fect'v 12/2 /88. Principes opay APPROVE AS TO FORM. by FREMONT INDEMNITY COMPANY Jo R. Shaw C" At orney by t NOTE: A ( owledgments of execution of Principal and, Surety must. FREMONT INDEMNITY COMPANY HOME OFFICE — LOS ANGELES,CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN B THESE PRESENTS: That, FREMoNTINDEMNrrY COMPANY , by G. P. JANICH its Senior V ce President, in pursuance of authoritygranted by Resolution of its Board of Directors at a meeting called and held on the 1 da of February, 1972,which acid Resolution has not been amended or rescinded and of which the following is a true,full and complo to copy: "RESOLVED: That the President or any Vice-President may from time to time apppooint Attorneys ori-Fact to represent and act for and on behalf of the Company,and either the President or any Vire-President, the Board of Directors or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her:and be it further "RESOLVED: That the Altorneywin-Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as lhv business of the Company may requirr,and any such bonds or under. takings executed by any such .Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." does hereby nominate, constitute and appoint HARRY J. CORRIN its true and lawful Atorney-in-Fact,to make,execute,seal and deliver for and on its behalf.as surety,and a..its act and died: ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP IN WITNESS WHEREOF the said Senior Vice President has hereunto subscribed his name and affixed the corporate seal of the said FREMONT INDEMNITY COMPANY,this 28th day of November A.D., 19 83 FREMONT INDEMNITY COMPANY Ir A By ,Y STATE OF CALIFC RNIA Seniof Vice esident G. P . JANICH COUNTY OF LOS NGELES fee On this 28th day of November A.D., 1983, before the subscriber, a Notary Public of the State of California,in and fo the County of Los Angeles,duly commissioned and qualified,came the above named Senior Vice President, of FRE ONT INDEMNITY COMPANY to me personally known to be the individual and officer described in and who executed the prece Ing instrument, and he acknowledged the execution of the same,and being by me duly sworn,deposeth and saith, that he is the said cificer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the Said Corporatio i, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the si thority and direction of the said Corporation. IN WITNESS HEREOF,I have hereunto set my hand and affixed my OfficialZV he City of eles,the day and year first above written. SEAL KAMOTO (SEAL) CALIFORNIA COUNTY y u6lic ROMEs Sept. 1,1986 1,the unders4 ied, Secretary of FREMONT INDEMNITY COMPANY,do hereby certify that the original PO VER OF ATTORNEY,of which the foregoing is a full, true and correct copy,is in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal i f the Corporation,this 26th day of November 1985 — ' nx�xam Secretary EDWARD'J. LIEBEI STATE OF t A"tt7RLT!1 ) ss: COUNTY OF ) On this )On day of °vtl°h� in the year L before me `T ICY 94 Notary Public personally appeared I - personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as attorney-in-fact of �"�rT I:TTYru"ITY r0`!PAYY the corporation therein named and acknowledged to me that the corporation executed it. IN WITNESS WBEREOF, I have hereunto set my handa affixed my official seal, the ay and year stated in this certificate above. My Commissiox Expires OFFICIAL SEAL Ndta Public NANCY A,1 FLORES /� % JEC:225 NOTARY PUBLIC -CALIFORNIA (/ LOS ANGELES COUNTY My comm. expires MAY 20, 1488 STATE OF CAUFORNLA t Ss. COUNTY OF C"?r`��' j On this ' day at �C''�2 "\)Cv , 19 .f ore rine iK urdQrsignpxl. a Notary Public in and for said County and State.personally appeared C !`" >h 4 S-` personaIly known to me(o��nwsdYema ass practmw m daaas)to bs �lQ- . J a a . 3 the partnership that executed thewithin instrument,and acknowledged to me that they executed the some as 1 partners of the partnership first above nomad, that said partnership executed the some as a partner of and that said lost homed partnership executed the some. IC:AL SEAL THERESEFMARIE LEONARD r a NOTARY PUBLIC-CALIFORNIA WITNESS my hand and official seal ORANGE COUNTY � My Camm Expires April 22. 1988 y,{ Signatun3 �L, c' C cn � } � � ray I e Nome(Typed or Printed) (This area for official seal) rrrm • • . Premium Included BOND NO. LA-102096 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WBE , the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to HEALTHP & �.�.�, License No. , hereinafter desiggn�et a' Principal a contract for Tract 12257 t and said Principal is required to furnish a bond in connection th the said contract providing that if said Principal, or any of hi or its sub-contractors, shall fail to pay for any materials, p cions, provender or other supplies or teams used in, upon, fo or about the performance of the work contracted to be done, or or .any work or labor done thereon of any kind, the surety or th s bond will pay the same. NOW THEREFORE, We HEALTHPARK ASSOCIATES Principal, d FREMONT INDEMNITY COMPANY , as surety are. held firmly ound unto the City of San Juan Capistrano, a municipal corporation, fu the penal Salm of IN8/ andred sixty---ousand _and no DOLLARS ($ 260 000.00-�- -4 , lawful money of the United State of America, for payment of w ch sum well and tru],y to be made we bind ourselves, our heirs, ecutora, admiaistrato=s and successors, jointly and severally, f rmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, s or its heirs, executors, administrators, successors or assigns, r sub-contractors, shall fail to pay for any materials, provisions, rovender, or teams, or other supplies or equipment used in, upo , for or about the performance of the work contracted to be done, r for any work or labor done thereon. of any kind, or for amounts e. under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 5, apter 3 of the Government Code of California as amended, th the surety will pay for the same in an amount not exceeding a sum specified in this bond and also in case suit is brought upo the bond, a reasonable attorney' s fee to be fixed by the cou . This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said ct, so as to give a right of action to them or their assign§ in y suit brought upon this bond. F THER, the said surety, for value received, hereby stipulates d agrees that no change, extension of time, altera- tion or mod fication of the contract documents or of the work to be performe thereunder shall in any way affect its obligation on this bond azd It does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed thereunder. As a part of the obligation secured' hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. ' " IN WITNESS WHEREOF three M identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and surety herein named on the 26th day of November 1985. The name and corporate seal of each corporate party being hereto affixed and , these presents duly signed by its undersigned representatives pursuant to authority of its governing body. HEALTHPARK ASSOCIATES PRINCIPAL / By. =MMONT INDEMNITY COMPANY SURETY By 4 Harry J. Corr , Attorney-in-Fact" APPROVED AS TO FORM. Jo R. Shawn C y Attorney Labor and Material Bond released effective 12/23/88. 0 L&M Page 2 -7_ -- STATE OF CALIFORNIA�) ss: COUNTY OF LOS ANGELES ) 25th November 1085 On this — day of in the year before me NANCY M. FLORES Notary Public personally appeared 1lARRY J. CORRIN personally known to me (or proved to me on the basis of satisfaccory evidence) to be the person who executed this instrument as attorney-in-fact of MMO"TT INDE"TTTY CONPAYY the corporation therein named and acknowledged to me that the corporation executed it. IN WITNESS WHEREOF, I have hereunto set my hand and affixe official seal, the da and year stated in this certificate above. My Commission Expires- • / Notar� ublll�c OFFICIAL SEAL NANCY AA FLORES JEC:225 m W NOTARY PUBLIC -CALIFORNIA LOS ANGELES COUNTY MY comm. eepires MAY 20, 1988 44W 0 4111 STATE OF CALIFORNIA a COUNTY OF On this day of �-Lwe:b l��c / , 19 ?.before me the,undCers��,anletl. t a Notdry Public in and for said County and State,personally appeared j L c 1e- •-J - l'`^""1 g personally known 10 me(ta,rieved to fire to be 44Q 8 stth�f a pe#ne;6h IB.se d paFlillership-berV - a k rtners Oh the partnership that executed the within instrun4iirnt.and acknowledged to me that they executed the same as partners Of the partnership first above named. that said partnership executed the same as a partner of 11-� ,and that said last Wonted partnership executed the some. C 1%1`c.L i:AL THERESE MARIE LEONARD 'a NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY WITNESS my hand and official seal. _- MY C"I Ex)ires rl 1. 19 8B Signature ' '� " ,S ' , �t .l""':�: r Name(Typed or Printed) (This area for official seal) r„m PUBLIC HEARING LIST FOR TT12257 HEALTHPARK ASSOC. • d1h (� `� 77 Bardens, William H. Broder, Marvin L. Malaspina Homeowners Assoc. 26781 Lariat Circle 26771 Lariat Circle 26902 Paseo Cardero San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Frost, Jess L. Mission Hills Ranch Assn. Horsten Associates 8041 E. Florence Ave. Ste.202 P.O. Box 711 27405 Puerta Real #300 Downey, CA 90240 San Juan Capistrano, CA 92693 Mission Viejo, CA 92691 San Juan Corporate Plaza Central S be L Assn. Malaspina Corp. 22952 Alcalde Dr, Ste. 140 P.O. Box 85511 Parcel #650-161-04-23-003 Laguna Hills, CA 92653 San Diego, CA 92118 P.O. Box 338 San Juan Capistrano, CA 92693 Smith, J. Christopher Guevara, P. Roger Estep, Donald G. TR 26822 Paseo Atrevida 26801 Paseo Atrevida 26972 Calle Granada San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Capistrano Beach, CA 92624 Orum, W. A. Cappello, Walter TR Malaspina Corp. 30301 Malaspina Rd. 32222 Camino Capistrano, Unit A Parcel #650-161-10-23-003 San Juan Capistrano, CA 92675 San Juan Capistrnao, CA 92675 P.O. Box 338 San Juan Capistrano, CA 92693 Malaspina Corp. Malaspina Corp. Malaspina Corp. Parcel #650-161-11-23-003 Parcel #650-161-12-23-003 Parcel #650-161-14-23-003 ' P.O. Box 338 P.O. Box 338 P.O. Box 338 San Juan Capistrano, CA 92693 San Juan Capistrano, CA 92693 San Juan Capistrano, CA 92693 Foresman, Robert R. Jr. Trust Tracy, Thomas K. Joseph Elliott 26902 Paseo Cardero 26862 Paseo Cardero 26801 Lariat Circle San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 R. M. Westberg Frances McCollum Donald Fuller 27041 Mission Hills Dr. 30111 Silver Spur Road 11077 N. Torrey Pines Road San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 La Jolla, CA 92037 Olson Family Trust William F. Lyon William Badsey 27061 Mission Hills Drive 30131 Silver Spur Road 30162 Silver Spur Road San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Charles W. Buck Morris F. Skinner John D. Romano 27081 Mission Hills Drive 30151 Silver Spur Road 30152 Silver Spur Road San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Clifton Portnoff Eldon Cutler Trust Stephen Cooper Trust 17010 Rancho Street 171 Silver Spur Road •30132 Silver Spur Road 'Encino, CA 91316 n Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 c Clifford Maldonado Vincent J. Eacona Otis Bell 27111 Mission Hills Drive 30191 Silver Spur Road 30112 Silver Spur Road San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 x Barbara Elizabeth Ahlers Trust Donald W. Seapy Steven L. Karassik 27131 Mission Hills Drive 30211 Silver Spar Road 30111 Branding Iron Road San Juan Capistrano, 'CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 x Virginia Sedgwick Herb Huebsch Eleanor Gloria Rogers 27151 Mission Hills Road 30231 Silver Spur Circle 30131 Branding Iron Road San Juan Capistrano, Ca 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Wilbur Chong Basil Cockshott Trust Robert Roark 26791 Lariat Circle 26882 Canyon Crest Road 26872 Canyon Crest Road San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 x Eugene E. Dorris Trust Albert Baumgartner Frederic J. Pratt Trust 26862 Canyon Crest Road 26852 Canyon Crest Road 30181 Outpost Road San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 x John Grant Ronald Muscarella Melvin Brenner 30161 Outpost Road P.O. Box 870 26891 Canyon Crest Road San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 x Thomas F. Ahern Lige L. Thurman David L. Cooper 26901 Canyon Crest Road 26911 Canyon Crest Road 26892 Canyon Crest Road San Juan Capistrano, Ca 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 x Charles Benninghoff Michael Berns Robert Schrier 26922 Canyon Crest Road 26921 Canyon Crest Road 27001 Mission Hills Drive San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 x Leslie Clayton Trust Wilford Gower Jack H. Kulp 27021 Mission Hills Drive 2688I Canyon Crest Road 26871 Canyon Crest Road San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Jill Hanna William Slater Edward Kirchner 30161 Branding Iron Canyon Crest Road 26841 Canyon Crest Road San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Allan Niccola Trust Edward Toumanian Mary Lou Drummy 26811 Lariat CircleX0151 Branding Iron Road •30202 Silver Spur Road 'San-Juan, Capistrano, CA 92675 n Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Richard Kenyon John Chard David Mayne 30161 Branding Iron Road 30171 Branding Iron Road Parcel #650-061-19-23-027 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 30192 Branding Iron Road San Juan Capistrano, CA 92675 Guy Baker Frederick Fox David Mayne 30172 Branding Iron Road 30162 Branding Iron Road Parcel #650-061-22-23-027 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 30192 Branding Iron Road San Juan Capistrano, CA 92675 Thomas Christenson Mission Hills Ranch Homeowners Malaspina Homeowners Assn. Mission Hills Ranch Association Association c/o Transpacific Management Co. 18BrookhollowDrive P.O.Box7l l 30101 TownCenterDrive, Santa Ana, CA 92705 San Juan Capistrano, CA 92675 Suite 211A San Juan Capistrano, CA 92675 f k Y x k { x { t { e f x { { { x Y x