1972-0710_SOUTH COAST DEVELOPMENT CORPORATION_Agreement1
Th
s AGREEMENT made and
entered into this 10th day of
2
July,1972, b
and between
s:
3
Th
CITY OF SAN JUAN CAPISTRANO,
a Municipal Corporation, hereinafter
4
referred to
s:
itiate and carry to conclusion any neccessary
5
"CITY"
8
action to ac q
ire the easements
or drainage
g purposes on, under, over and across
7
SO
H COAST DEVELOPME
T CORPORATION, a California Corporation,
8
hereinafter r
ferred to as:
9
2.
In event that the
"SOUTH COAST"
10
SOUTH COAST w.11
pay to CITY any
TNESSETH:
11
RECITALS•
12
A.
SOUTH COAST is dev
loping certain property in the CITY
13
of San Juan C
pistrano, known as
Tract 7760, and in connection therewith
14
is obligated
o install certain
)ff-site drainage facilities.
15
B.
The easement for s
ch drainage facilities is currently being
16
negotiated wi
h the fee owner.
It is anticipated that said easement will be
17
acquired by S
UTH COAST prior to
the recordation of the map of said Tract
18
7760.
19
C.
In event that SOUT
COAST should fail to acquire said easement,
20
it is underst
od that the CITY i
willing to acquire such easement through the
21
power of Emin
nt Domain, but is
of willing to assume the costs thereof.
22
D.
SOUTH COAST is wil
in g to pay all costs for the acquisition of
23
said easement
including court costs
and attorney's fees.
24
TERMS:
NOW
THEREFORE, in con
ideration of the mutual covenants herein
26
contained, it
is agreed as follo
s:
27
1.
SOUTH COAST will i
itiate and carry to conclusion any neccessary
28
action to ac q
ire the easements
or drainage
g purposes on, under, over and across
29
the real prop
rty of Melvin E. Rosenbaum
and Lois Jean Rosenbaum.
30
2.
In event that the
ITY enters into action under Eminent Domain,
31
SOUTH COAST w.11
pay to CITY any
and all amounts, arrived at by either
321
judgment or n
gotiations, attributable
to the acquisition of said easements for
C
( O
(Corporation)
STATE OF CALIFORNIA l
RANGE } SS.
COUNTY OF 111
On July
0, 1972
before me, the undersigned, a Notary Public in and for said
peared ROBERT PA
State, personally a
TIN
President, and DAVID R. WILLS
known to me to be
the Vice
Secr
known to me to b
Lary of the corporation that executed the within Instrument,
e the persons who executed
If of the corporation therein
known to me to
Instrument on beh
the within
named, and
acknowledged to m
that such corporation executed
the within
instrument parson
of directors f,
WITNESS ,fy had
t to its by-laws or a resolution
and official seal.
of its board OFFICIAL SEAL
r
9- SHARON K. DIERKS
_ Notary Public - California
`,
`a
PRINCIPAL OFFICE IN
ORANGE COUNTY
Signature
M Commission Expires Szpt. 29, 1975
K. DIERKS
SHAPON
or
(This area for official notarial seal)
0
C,
1
drainage pur
oses and will pay
irectly to City Attorney all amounts due because
2
of attorney,
fees and costs.
3
IN
WITNESS WHEREOF, t
e parties hereto have executed this AGREEMENT
4
as of the da
and year hereinab
ve first written.
5
CITY OF SAN JUAN CAPISTRANO
B
7
8
9
10
11
12
13
14
15
18
17
18
19
20
21 ATTEST:
22
23
241 City Clerk of he City
San Juan Capistrano
28
27
28
29
30
31
32
Ey
M yor
"CITY"
SOUTH COAST DEVELOPMENT CORPORATION
Ey !
Vic/jePresident
Ey
Secretary
• A G R E E M E N T
-r�)
THIS AGREEMEN , made and ent red into this. --29 day of June >
1972 by and betwee SOUTH COAST DEVE OPMENT CORPORATION hereinafter designated
as SUBDIVIDER and he CITY OF SAN JUAN CAPISTRANO, a body politic of the
State of Californi , hereinafter cesignated as CITY:
W I T N E S S E T H:
WHEREAS, -the UBDIVIDER has prepared and offered for acceptance by
the CITY a final m p of Tract No. 7760 in the City of San Juan Capistrano,
County of Orange, nd
WHEREAS, the UBDIVIDER as a condition of approval of said map by the
CITY, is required o construct or gree to construct certain improvements,
and
WHEREAS, the installation of the public streets, sewers, storm drain,
street lighting facilities as showl on the Plans in connection with the
improvements for said Tract No. 7750 will fulfill the requirements;
NOW, THEREFORE, IT IS AGREED y and between the parties hereto as
follows: .
In consideration of the approval of said final map by the CITY, the,
SUBDIVIDER agrees:
1. That the SUBDIVIDER will at the sole cost and expense of the
SUBDIVIDER construct and install all of the public facilities shown and
delineated upon the "plans for Str et Improvements including Street
Lighting System, Do estic Water Sy tem and Sanitary Sewers of Tract NO.
7760" on file in the office of he City Clerk of the City of San Juan
Capistrano; said "P ans for Street Improvements including Street Lighting
System, Domestic Wa er System and anitary Sewers of Tract No.7760 " are
hereby referred to nd made a part of this Agreement as though fully set
forth herein.
2. To secure he faithful pev formance of this Agreement, the SUB-
DIVIDER agrees to f rnish to the CITY a good and sufficient bond executed
by •a corporation au horized to'trasact surety business in the State of
California in the s m of One hundr d sixty-six thousand five hundred & no/100
said bond to be approved by the CITY.
3. It is mu ually agreed th t the work herein required to be done
by the SUBDIVIDER shall on the written request of the SUBDIVIDER made to
the City Engineer be inspected by him and if found to be in order, accepted
as it progresses. In such case tie SUBDIVIDER shall be entitled to a par-
tial refund of money deposited to secure faithful performance, in a sum in
the same ratio to he total money deposited as the work accepted bears to
the total work to a done, provid d that the CITY'S Engineer has first cer-
tified to the City Council the am unt of work completed and to be accepted
and the amount of artial refund o which the SUBDIVIDER is entitled and
the
City
Council a
prove
such reand
and
further
provided
that
no refund
in
excess
of Eight
five
percent (
5%)
of
the total
amount
of the
original
deposit shall be m�de until all oil the work is completed and accepted.
4. The SUBDIVIDER agrees td commence the construction and instal-
lation of said imptovements within 180 days from the approval of said map
by the CITY and sh4ll complete sa
said approval,
This agreemen is entered int
PT. 2, Ch. 2, Art. 9 of the BusinE
California,
IN WITNESS WHEREOF,
work within 365 days from the date of
pursuant to the provisions of Div. 4,
ss of -Professions Code of the -State of
has executed theselpresents as theISUBDIVIDER, and the CITY OF SAN JUAN
CAPISTRANO has cawed these presents to be executed by the Mayor of the
City Council and attested by the
City Council, as thle CITY, the dayl
written.
ATTEST:
y Cler
ty Clerk and ex -officio Clerk of the
and year in this instrument first above
J
,r Lam,
C- 2.0 ;�z
CITY OF SAN JUAN CAPISTRANO
-C�
By:
`Mayor
—
To 449 C
(Corporation)
STATE OF CALIFORNIA
COUNTY OF ORANGE
On June L7 , -L
State, personally appeared
known to me to be the—
known to me to be
known to me to be the
Instrument on behalf of t
acknowledged to me that s
instrument pursuant to its
M directors.
WITNESS my hand and
Sharon K.
SS.1
before
the undersigned, a Notary Public in and for said
Expo. _ Presidei t, and
Secretary of thE corporation that executed the within Instrument,
sons who executed the withi
:orporation therein named, an
corporation executed the withi
aws or a resolution cf its boar
OFFICIALSEAL
, -- SHARON K. DIEAKS
a
\%�\�t\—' Notary hylic - Celifar+ie
PRINCIPAL OFFICE IN
L-A
-7D , �M QORANGE COUNTY
M C�wminwn Epim Sept. 19, 1175
or
IThie area for omciel notarial aean
M
7107382
Bond No.
FIREMAN'S PREMIUM: $1,660.00
FUND
AMERICAN
I NSURNCE COM PAN IF.5
SUB IVISION IMPROVE ENT SECURITY PERFORMANCE BOND
(Section 11612 Bu iness and Professions Code)
Check work to be performed:
Street Improvements X
Water System �—
Sewer System
KNOW ALL MEN BY THESE PRESENTS
That SOUTH COAST DEVELOPMENT CORPORATION , Subdivider,
as Principal,
and ii nt�y E AMEKlUftN INSOMME COMPANY a Corporation,
asCITYeO .SANe UANebCyAPIST % nd severally bound to pay to the
the sum of $1000.00 -------- ----------.
The condition f this obligati n is that whereas the Subdivider,
as a condition of the filing o the final subdivision map of
Tract 7760 , entered i to an agreement or agreements with
* said
CITY to imp ove streets and easements in said
subdivision, a indicated abov .
NOW, THEREFORE, if the Subdivi er shall well and truly perform said
agreement or a reements during the original term thereof or of any
extension of s id term that ma be granted by the Board of
Supervisors of the TY OF SAN JUAN CAPISTRANO , with or
without notice to the Surety,his obligation shall be void, other-
wise it shall r main in full f rce and effect.
Dated: JUNE 2 1972
Name of Princip 1: SOUTH COAS EVELOPM NT CORPORATION
l �
Authorized Sign ture (s): By
Title:
(If Corporationaffix seal
Name of Surety: THE AMERICAN SURANCE COMPANY
Authorized Sign ture: B
OR E CKS
Title: ATTORN Y -IN -FACT
(Affix Corporat Seal)
Attach notarial acknowledgment if signature of Attorney -in -Fact.
' 360092-8-65
State of Calif . t
County of Orange
S as:
On .JUNE 28, 19'/ 2 l before me, a Notary Public in and for said County and State, residing
therein, duly commissioned and worn, personally appeared I GEORGE DICKS
known to me to be Attorney -in -Fat of THE AMERIjina
INSURANCE COMPANY
the corporation described in an that executed the witd foregoing instrument, and known tome to be the person who executed
the said instrument in behalf of he said corporation, aduly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF,
My Commission
380212—"G " My
TO 999 L
(Corporation)
STATE OF
COUNTY(
on June 28, 197s
State, personally appeared
w known to we to be the—
re
I known to me to he
W known to me to be the
j Instrument on behalf of i
a acknowledged to me that s
4
� instmmeut pursuant to its
o directors.
WITNESS my hand and
Sharon K.
Name
OFFICIAL SEAL
LINDA L. ERICKSOP
PRINCIPAL OFFICE
ORANGE COUNTY
Expires March 15, 1
my official seal, the day and year stated in this certificate above.
O
before e, undersigned, a Notary Public in and for said
Presi emnd
Ibe
DAVID R. WILLS
Secretary of e rporaLexecuted the within Instrument,
'sone who executed the wi hi
corporation therein named, nd
corporation executed the wit lin
laws or a resolution of its bo rd
OF71G:.t S`AL
SHARON K. D!L£ftS
eeal
Nc,a.y p,. Fra:iat
"?QRA4GCOON,
CRAWGE CG`Ut1.
irsa Sc t. 29 1
mmiwiae I.
or
frhie area for M.i.1 natarial seal)
KNOW ALL MEN BY TN SE PRESENTS:
That we SOUTH CO ST DEVELOPMENT
as Principal, and HE AMERICAN
held and firmly bo nd unto CITY
after provided inhe sum of ONE
NO/100------------------
--
•
PANY
NY
E COMPANY
Bond No --- 7107.382
PREMIUM: INCLUDED IN
PERFORMANCE BOND
FORNIA
LABOR AND MATERIAL BOND
COMPANY
SAN JUAN CAPISTRANO
as Surety are
and to all persons as herein-
AND SIXTY-SIX THOUSAND AND
------------- Dollars ($166,000.00 j
lawful money of the United States,lfor which payment well and truly to be
made, we bind ourselves, jointly a4d severally, firmly by these presents.
The condition of the above obligat on is such that, whereas said Principal
has been or is about to be granted a permit by the CITY OF SAN JUAN
CAPISTRANO for t e subdividing and improving of a tract
of land pursuant to and described as Tract No. 7760
(Ordinance N ber)
and as a condition precedent to the granting of such permit,
and pursuant to Section 11612 California Business and Professions Code, the
Principal is requir
provided.
to furnish a (labor and material bond as herein
NOW, therefore, if aid Principal o any contractor or subcontractor of said
Principal fails to ay for any mate tela, provisions, provender or other
supplies or teams u ed in, upon or or or about the construction of the
public improvements or performance f the work to be done, or for any work
or labor done there n of anykind, n, on or about the above numbered tract,
said Surety will pa the same in an amount not exceeding the sum set forth
above, and also in ase suit is bro ght upon this bond, a reasonable attor-
ney's fee to be fix d by the court. This bond shall inure to the benefit
of any and all perm us, companies a d corporations entitled to file claims
against said tract f land under an by virtue of the laws of the State of
California.
WITNESS our hands this
A 360045-12-66
28th day of JUNE
19 72
SOUTH COAST DEVELOPMENT CORPORATION
(Pril)
By:
THE AMERICAN INSURANCE COMPANY
ure
torney-in-Fact
AMA FIREMAN'S
FIREMAN E FUND INSURANCE C<
THE AMERICAN NSVPq NCE COM
FUND
0®
SAL 5.RETY ATI -
ASSOCIATED INDEMNITY CORPOI
AMERICANAMERICAN
AUTOMO9IEE INSURA
INSURANCE COMPANIES
NOME OFFICE SAN FRANnscO
SUBDIVISIO]
KNOW ALL MEN BY TN SE PRESENTS:
That we SOUTH CO ST DEVELOPMENT
as Principal, and HE AMERICAN
held and firmly bo nd unto CITY
after provided inhe sum of ONE
NO/100------------------
--
•
PANY
NY
E COMPANY
Bond No --- 7107.382
PREMIUM: INCLUDED IN
PERFORMANCE BOND
FORNIA
LABOR AND MATERIAL BOND
COMPANY
SAN JUAN CAPISTRANO
as Surety are
and to all persons as herein-
AND SIXTY-SIX THOUSAND AND
------------- Dollars ($166,000.00 j
lawful money of the United States,lfor which payment well and truly to be
made, we bind ourselves, jointly a4d severally, firmly by these presents.
The condition of the above obligat on is such that, whereas said Principal
has been or is about to be granted a permit by the CITY OF SAN JUAN
CAPISTRANO for t e subdividing and improving of a tract
of land pursuant to and described as Tract No. 7760
(Ordinance N ber)
and as a condition precedent to the granting of such permit,
and pursuant to Section 11612 California Business and Professions Code, the
Principal is requir
provided.
to furnish a (labor and material bond as herein
NOW, therefore, if aid Principal o any contractor or subcontractor of said
Principal fails to ay for any mate tela, provisions, provender or other
supplies or teams u ed in, upon or or or about the construction of the
public improvements or performance f the work to be done, or for any work
or labor done there n of anykind, n, on or about the above numbered tract,
said Surety will pa the same in an amount not exceeding the sum set forth
above, and also in ase suit is bro ght upon this bond, a reasonable attor-
ney's fee to be fix d by the court. This bond shall inure to the benefit
of any and all perm us, companies a d corporations entitled to file claims
against said tract f land under an by virtue of the laws of the State of
California.
WITNESS our hands this
A 360045-12-66
28th day of JUNE
19 72
SOUTH COAST DEVELOPMENT CORPORATION
(Pril)
By:
THE AMERICAN INSURANCE COMPANY
ure
torney-in-Fact
Stale of Calif .
County of Orange ss:
On JUNE 28, 197 before me, a Notary Public in and for said County and State, residing
therein, duly commissioned and worn, personally appeared GEORGE DICKS
known to me to be Attorney -in -Fat of THE AMERICAN INSURANCE COMPANY
the corporation described in and that executed the within a d foregoing instrument, and known to me to be the person who executed
the said instrument h behalf of t e said crorporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF,
i
My Commission Expires`"
360212-6-66 MY
To aye C
(Corporation)
STATE OF C
COUNTY OF
On Jmxe R
State, personally appeared
or known to me to be the
so
W known to me to be
I
aknown to me to be the
Instrument on behalf of ti
q acknowledged to me that $u
W- instrument pursuant to its
of directors.
WITNESS )ay hand and o
Sharon K.
Name (T
OFF1CIAl. SEAL
WIDA L. ERICKSO�
NOTAlif PUDIC. CALIFO
IN
ORANGE COUN
Expires March 15.
official seal, the day and year stated in this certificate above.
before Toe, the undersigned, a Notary Public in and for said
Presi ent, and DAVID R. WILLS '
Secretary of he corporation that executed the within Instrument,
-sons who executed the wi hill
corporation therein named, and
corporation executed the wi hin
laws or a resolution of its b and
ial sealOhs
J'
• :i •',- Netary Iahlic - Cr-ffo.cia
IRINCIMtOEFiGE IN
ORANGE COUNTY
Cerks
minion E S . 29, 1975
or Printed)
(This area for official notarial seal)
O
N
SUBDIVISIgN MONUMENT BOND
(Faithful Performan a and Labor and Materials)
KNOW ALL MEN BY THESE PRESENTS:
That SOUTH COAST DEVELOPMENT CO PORATION , as
an&rafLtA erred to coli ctively as "Principal", and RICA
a corporation organized and existing under
the laws of the State of NEW SER EY and duly authorized to
transact surety b siness in the tate of California, as and hereinafter
referred to as US rety", are hel( and firmly bound unto CITY OF SAN JUAN
CAPISTRANO ,hereinafter referred to as
the "Citq', in th Sulu of EIVE FIj=D AND NO/100----------------------
---------------iccessors
-------------------------- Dollars )
for payment of whch Principal and Surety bind themselves, their heirs,
administrators, s and assigns, jointly and severally as follows:
THE CONDITION OF
WHEREAS, Princi
SAN JUAN CAPIS
Tract No. //bU
Surveyor's car
specified later
WHEREAS, this bon
to guarantee pays
menta in said Sub
said Final Subdiv
ABOVE OBLI
has presented
ANO , for its
, which
icate that the
te; and,
is given to i
at to the Engi
ivision, and a
Sion Map.
ON IS THAT:
o the City Council of the City of
proval, a Final Subdivision Map of
id map carries the Engineer's or
onusents will be set on or before a
ure the setting of such monuments and
at or Surveyor for setting such monu-
a prerequisite for the approval of
NOW, THEREFORE, t e condition of his obligation is such that if the
Principal shall c use auch monume is to be set and shall pay the
Engineer for setting such monuments in the manner and within the times
specified in Busiass and Professions Code j 11592, then this obligation
shall be null and void; otherwise, the Surety agrees to pay the some in
an amount not exe eding the amount of this bond.
PROVIDED, FUR THE
that in case s it is brought upon this bond by City
or any other pers n who may bring an action on this bond, a reasonable
attorney's fee, t be fixed by the Court, shall be paid by Principal or
Surety.
IN WITNESS WHEREO , Principal and Surety have caused these presents to
du1y•signed an sealed this 28th day of JUNE
1; 7 ,
360045-12-66
THE AMEQAN INSURACE C MPANY
(Surety)
-'':'���S /� -V16
By: ORGE i�'"•" ATTORNEY-IN-FACT
SOUTH COAST DEVELOPMENT CORPORATION
I
/ FIREMAN'S
FUND
®
`I EMAN 5 FOND INSURANCE °OM°A
EAMERICAN INSURANCETI-NCOMPANY
N SOCITI-NAL SURETY INDEC-RMNITY
♦ SOCIA TED IN OEM LAITY COFPO FPTI N
CORPOR
Y
710738 3
Bond No._______—_____
PREMIUM• $10.00
AMERICANA
EFIOAN AUTDMD6IIE INSURANCE I
OMPANY
INSURANCE COMPANIES
M ME OFFICE. SAN FRANnsa D. c.11
..NIA
SUBDIVISIgN MONUMENT BOND
(Faithful Performan a and Labor and Materials)
KNOW ALL MEN BY THESE PRESENTS:
That SOUTH COAST DEVELOPMENT CO PORATION , as
an&rafLtA erred to coli ctively as "Principal", and RICA
a corporation organized and existing under
the laws of the State of NEW SER EY and duly authorized to
transact surety b siness in the tate of California, as and hereinafter
referred to as US rety", are hel( and firmly bound unto CITY OF SAN JUAN
CAPISTRANO ,hereinafter referred to as
the "Citq', in th Sulu of EIVE FIj=D AND NO/100----------------------
---------------iccessors
-------------------------- Dollars )
for payment of whch Principal and Surety bind themselves, their heirs,
administrators, s and assigns, jointly and severally as follows:
THE CONDITION OF
WHEREAS, Princi
SAN JUAN CAPIS
Tract No. //bU
Surveyor's car
specified later
WHEREAS, this bon
to guarantee pays
menta in said Sub
said Final Subdiv
ABOVE OBLI
has presented
ANO , for its
, which
icate that the
te; and,
is given to i
at to the Engi
ivision, and a
Sion Map.
ON IS THAT:
o the City Council of the City of
proval, a Final Subdivision Map of
id map carries the Engineer's or
onusents will be set on or before a
ure the setting of such monuments and
at or Surveyor for setting such monu-
a prerequisite for the approval of
NOW, THEREFORE, t e condition of his obligation is such that if the
Principal shall c use auch monume is to be set and shall pay the
Engineer for setting such monuments in the manner and within the times
specified in Busiass and Professions Code j 11592, then this obligation
shall be null and void; otherwise, the Surety agrees to pay the some in
an amount not exe eding the amount of this bond.
PROVIDED, FUR THE
that in case s it is brought upon this bond by City
or any other pers n who may bring an action on this bond, a reasonable
attorney's fee, t be fixed by the Court, shall be paid by Principal or
Surety.
IN WITNESS WHEREO , Principal and Surety have caused these presents to
du1y•signed an sealed this 28th day of JUNE
1; 7 ,
360045-12-66
THE AMEQAN INSURACE C MPANY
(Surety)
-'':'���S /� -V16
By: ORGE i�'"•" ATTORNEY-IN-FACT
SOUTH COAST DEVELOPMENT CORPORATION
I
State of Calif.
county of Orange as
On JUNE 28, 19-j2
before me, a Notary Public in and for said County and State, residing
therein, duly commissioned and worn, personally appeared
GEORGE DICKS
known to me to be Attorney -in -Fact of THE AMERICAN INSURANCE COMPANY
the corporation described in and that executed the within a id foregoing instrument, and known to me to be the person who executed
the said instrument in behalf of t e said corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF,
OFFICIAL SEAL ' official ..at, the day and year stated in this certificate above.
LINDA L. ERICKSON
My Commission Expires NOTAh'y PUBLIC, ;AUF0 IA
I L FFICE IN
ORANGE COUNTY Notdry Public
360212-6.66 My C mission Expires March 15, 1976
n
C
( O
(Corporation)
STATE OF CALIFORNIA
COUNTY
0 E SS.
OF
On June 2$ 1972 befo e me, the undersigned, a Notary Public in and for said
State, personally appeared — DAVID R. WILLS
W known to me to be the P sident, and
rc
W known to me to be Secretary f the corporation that executed the within Instrument,
x known to me to be the persons who executed the within
j Instrument on behalf o the corporation therein nano d, and
acknowledged to me tha such corporation executed the within
instrument pursuant to its by-laws or a resolution of itboard OFFICIAL SEAL
of directors. ! SHARON K. DIERKS
WITNESS my hand an official seal. �• Notary Public - Colifsrnis
\ PRINCIPAL OFFICE IN
.) �� ORANGE
S COUNTY
Signature M mission Ex ins Se . Z9 197!
Name (Typed or Printed)
(Thi. are. for o106.1 notarial teal)