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1972-0523_SOUTH COAST DEVELOPMENT CORPORATION_Agreement0 A G R E M E N T THIS AGREEMElT, made and enjered into this 23rd day of May , 1972 by and betwe n hereinafter designated as SUBDIVIDER and the CITY 0= SA JUAN CAPISTRANO, a body politic of the State of Caiifornla, hereinafterldesignated as CITY: W I T N IE S S E T H: WHEREAS, theISUBDIVIDER has (prepared and offered for acceptance by the CITY a final �ap of Tract No. 7671 in the City of San Juan Capistrano, County of Orange, and WHEREAS, the ISUBDIVIDER as alcondition of approval of said map by the CITY, is required Ito construct orlagree to construct certain improvements, and WHEREAS, the installation of1the public streets, sewers, storm drain, street lighting fa iiities as shon the Plans in connection with the improvements for s id Tract No. 717 1 will fulfill the requirements; NOW, THEREFOR �1,IT IS AGREED by and between the parties hereto as follows: In consideration of the approval of said final map by the CITY, the SUBDIVIDER agrees: 1. That the SUBDIVIDER will lat the sole cost and expense of the SUBDIVIDER construct and install all of the public facilities sho:.n and delineated upon the "plans for Strket Improvements including Street Lighting System, Domestic Water Sy tem and Sanitary Sewers of Tract NO. Zfi21" on file in the office of heCity Clerk of the City of San Juan Capistrano; said "Plans for Street Improvements including Street Lighting System, DomesticWa er System and anitary Sewers of Tract No.7671 " are hereby referred to nd made a part of this Agreement as though rlui'y set forth herein. 2. -ic secure the faithful pc�formance,of this Agreement, the SUR - DIVIDER a,rees zo fprnish to the CITY a good and sufficient bo„J x,-cuted by a corporation authorized to tralsact surety business i., trla St;. -e of California '.n the spm of Fortv-One I Thousand Dollars said bond to be approved by the CITY. 3. It is mu�ually agreed that rhe work herein required to be done by the SUSDiVIDERIshall on the written request of the SUBDIVIDER made to the City Engineer be inspected b him anc if found to be in order, accepted as it progresses. In such case the SUBDIVIDER shall be entitled to a par- tial refund of mo ey deposited to secure faithful performance, in a sum in the same rano to the total money deposited as the work accepted bears to the total work to be done, provided that the CITY'S Engineer has first cer- tified to the City Council the am unt of work completed and to be accepted and the amount of partial refund Lo which the SUBDIVIDER is en':itled and the City Council approve such re ural and further provided the-. no refund in excess of Eight -five percent ( 5%) of the total amount of the original deposit shall be m de until all o the work is completed and accepted. 4. The SUBDIVIDER agrees t$ commence the construction' and instal- lation of said imp ovements withi 180 days from the approval of said map calendar by the CITY and sh 11 complete said work within 365/days from the date of said approval, This agreement is entered into pursuant to the provisions of Div. 4, PT. 2, Ch. 2, Art.19 of the Business of Professions Code of the State of California, IN UJITNESS WHEREOF, SOUTH COAST DEVELOPMENT CORPORATION has executed these presents as the SUBDIVIDER, and the CITY OF SAN JUAN CAPISTRANO has caused these presen s to be executed by the Mayor of the City Council and attested by the City Clerk and ex -officio Clerk of the City Council, as the CITY, the day and year in this instrument first above written. :ZEST. uona;c �:e-,c„er, ex-cffic�„ Clerk y Clerk and CI+'Y OF SAN JUAN CAPISTRAf;0 i .moi.. i r a V Bond No. SC 7107 SOn / FIREMAN'S PREMIUM: $410.00 FUND AMERICAN INSII RANCE COM PAN IES SUBD VISION IMPROVEM NT SECURITY PERFORMANCE BOND (S ction 11612 Bus ness and Professions Code) KNOW ALL MEN BY THESE PRESENTS Check work to be performed: Street Improvements X Water System Sewer System y Street Lighting_______L_ .4 _ . That qOlrrH hAAST nRM, DPMP2ff , Subdivider, as Principal, nd a Corporation, as Surety, are hereby jointly 4nd severally bound to pay to the the sum of $41_hnn_nn The condition as a condition Tract 7671 said rTmv subdivision, a NOW, THEREFORE agreement or a extension of s Supervisors of without notice wise it shall Dated: f this obligati n is that whereas the Subdivider, Df the filing o the final subdivision map of entered 1 to an agreement or agreements with to imp ove streets and easements in said indicated abov . if the Subdivider shall well and truly perform said reements during the original term thereof or of any Ld term that may be granted by the Board of the with or to the Surety, this obligation shall be void, other - amain in full force and effect. Name of Princip 1: cnttTtm CneRT nz Authorized Sign ture (s): By_ ! Title: (If Corporation affix seal Name of Surety: CAN 11 Authorized Sign ture: By ALBI Title: (Affix Corporat Seal Attach notarial acknowledgment E 360092-8-65 t c f signature of Attorney -in - Fact. State of County of ORANGE ( ss. On MAY 22, 19721 therein, duly commissioned and sworn, personally appeared before me, a Notary Public in and for said County and State, residing ALBERT H. BRUNET known to me to be Attorney -in -Fac of THE AMERICAN ISURANCE 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 in behalf of the said corporation, and he my acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I hFMY ve My Commission Expires360212-6-66 STATE OF CALIFORNIA, COUNTY OF Or OFFICIAL SEAL KAREN A. LoCURTO NOTARY PnRLN fvJlF^RNIA PRINCIPAL. OFFICE IN DRAPGI r'OVNI1 C Rmwjsslon Expires Dec. 16, 1912 o set my hand and affix MELVIN D. PEEL SIA PRINCIPAL OFFICE IN ORANGE COUNTY N Exp ms lar. 19, 1916 ss. before of the to me my official seal, the day and year stated in is certificate above. Notary Public Mav 22 — ,19 72, the undersigned, a Notary Public in and for said State, personally appeared DAVID R. WILLS _ SECRETARY known to me to be the ation that executed the within Instrument, known to me to be the person who Ie within Instrument, on behalf of the Corporation, therein named, and acknowledged such Corporation executed the same. Karen_AR LoCurto WITNESS Y hand and official seal. �� 4�i. � ,"6 Notary Public in and for said State. A sued D,AnY OF AMrf"IAN STAT]CIER..nao„cT$ CORP, A 0 AWA FIREMAN'S FUND AMERICAN INSURANCE COMPANIES KNOW ALL MEN BY That we as Principal, and n FIREMAN '$ FUND INSURANCE CI THE AMERICAN INSURANCE COM NATIONAL SURETY CORPORATIC ASSOCIATED INDEMNITY CORSO AMERICAN AUTOMOBILE INSURA HOMEOFFICE SAN FRANCISCO. SUBDIVISIO] BE PRESENTS: held and firmly bound unto after provided in the sum of • . . ANY Bond dNNo._SC _714lZ8I ____ Y FliOl9LYC1 YWYUV�DED IN ON FERVORMANCE BOND COMGANY FORMA LABOR AND MATERIAL BOND as Surety are and to all persons as herein- Dollars ($41,000.00 - _ - _ ) lawful money of th United States, for which payment well and truly to be made, we bind ours lues, jointly a d severally, firmly by these presents. The condition of toe above obligat#on is such that, whereas said Principal has been or is abo�t to be granted a permit by the ryw ny CAN mast CAOTaTRAW for t e subdividing and improving of a tract of land pursuant tol I and described as Tract No.7671 Ordinance N tuber) and as a condition precedent to the granting of such permit, and pursuant to Section 11612 Cali ornia Business and Professions Code, the Principal is requir d to furnish a labor and material bond as herein provided. NOW, therefore, if aid Principal o any contractor or subcontractor of said Principal fails to ay for any mats sale, provisions, provender or other supplies or teams u ed in, upon or or or about the construction of the public improvements or performance f the work to be done, or for any work or labor done there u of any kind, n, on or about the above numbered tract, said Surety will pa the same in an amount not exceeding the sum set forth above, and also in ase suit is bro ght upon this bond, a reasonable attor- ney's fee to be fix d by the court. This bond shall inure to the benefit of any and all pers no, companies a d corporations entitled to file claims against said tract f land under an by virtue of the laws of the State of California. WITNESS our hands this 360045-12-66 day of _ MAX -, 1972 THR AMERICAN ffiSij$ANCE COMPANY (Surety) By: AtBERT H. BRUVET _ Attorney -In -Fact STATE OF CALIFORNIA, Oran ess. COUNTY OF 1 ON_May 22 , 19 72 _ — — before m , the undersigned, a Notary Public in and for said State, personally appeared DAVID R. WILLS _, known to me to be the Of t"' --- he wurn I..VHJl' UbVL,LVY14GlV1 L.vi[rvntsa.�.vav the Corpo ation that executed the within Instrument, known to me to be the person who executed t e within Instrument, on behalf of the Corporation, therein named, and acknowledged to me that such Corporation executed the same. OFFICIAL SEAL —- — --- _ ---- Karen A.-LoCurto ,nRv PUBiI,�JaN,n � KAREN A. LoCURTO — — — — — -- —' — — ° WITNESS y hand and official seal. MIil' 'Af o-;li `^� IQ PRINCIPAL OFFICE IN tCam mlaslon Expires Dec. t6, 1972 /�� XL�VLt"� / ILS �.%7(/�//(///(i(�•� /�{(//y! -EDGMENT—CDrooration—Wolc°tte Form U2—Rev. 3-64 ..... —... OF a EJICAN eT.noncnr .nooucrs conn State of County of ORANGE ss. On MAY 22° 197 before me, a Notary Public in and for said County and State, residing therein, duly commissioned and rn, personally appeared ALBERT H. BRUNET known to me to be Attorney -in -Fact f THEAMERICAN IN URANCE COMPANY the corporation described in and t at executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said wrporation, and he d ly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have My Commission Expires 360212-6-86 kimi set my hand and affixe MELVIN D. PEEL ITARY—NIAP IC - GAI IFORNIP PRINCIPAL OFFICE IN ORANGE COUNTY IN Expires fur. 10. IE MY official seal, the day and year stated lrt,this certificate above. Notary Public i V E / FIREMAN'S FUND AMERICAN INSURANCE COMPANIES E MAN'S FUND INSURANCE COMP, AMERICAN INSURANCE COMPAN ONAL SURETY CORPORATION )CIATED INDEMNITY CORPORATI RICAN AUTOMOBILE INSURANCE E OFFICE SAN FRANCISCO. CAL SUBDIVIS thful Performa KNOW ALL MEN BY THESE PRESENTS: That cnITTH COA and hereinafter the laws of the S transact surety b referred to as "S the "City", in th for payment of wh administrators, a THE CONDITION OF WHEREAS, Princ Tract No. 767 Surveyor's car specified later is IA Bond No.__B.CS_21 D2__— PREMIUM: $10.00 MONUMENT BOND and Labor and Materials) , as erred to coli ctively as Principal , and THE AMERICAN a jorporation organized and existing under to of NEW JEkSEY , and duly authorized to iness in the tate of California, as and hereinafter ety", are hel and firmly bound unto CITY of SAN .IRAN , hereinafter referred to as sum of ________ ___ __ __ Dollars 500.00------) h Principal and Surety bind themselves, their heirs, cessors and assigns, jointly and severally as follows: ABOVE OBLIGATION IS THAT: has presented to the City Council of the City of for its approval, a Final Subdivision Map of which s id map carries the Engineer's or icate that the onuments will be set on or before a te; and, WHEREAS, this bono is given to in ure the setting of such monuments and to guarantee pays nt to the Enginer or Surveyor for setting such monu- ments in as id Sub ivision, and as a prerequisite for the approval of said Final Subdiv cion Map. NOW, THEREFORE, te condition of this obligation is such that if the Principal shall c use such monuments to be set and shall pay the Engineer for sett ng such monuments in the manner and within the times specified in Busi ass and Professions Code 1 11592, then this obligation shall be null and void; otherwise, the Surety agrees to pay the same in an amount not exc eding the amount of this bond. PROVIDED, FURTHER that in cases 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 th Court, shall be paid by Principal or Surety. IN WITNESS WHEREO , Principal and Surety have caused these presents to be duly signed an sealed this 22ND day of MAY , 19 72 360045-12-66 urety) BERT H. BRUNET - ATTORNEY-IN-FACT State of County of ORANGE ss: On MAY 22, 1972 therein, duly commissioned and s, known to me to be Attorney -in -Fact the corporation described in and the said instrument in behalf of th IN WITNESS WHEREOF, I have her My Commission Expires *" 360212-6.66 I My Cor before me, a Notary Public in and for said County and State, residing Personally appeared 11 ALBERT H. BRUNET f THE AMERICAN INS�RANCE COMPANY at executed the within ani foregoing instrument, and known to me to be the person who executed said corporation, and he d ly acknowledged to me that such corporation executed the same. .v ser mypand and ft'x y official seal, the day and year state n this certificate above. MELVIN' D. PEFL NOTARY PUBLIC • CALIFORNI `I kl-BfiFCE+N L � t ORANGE COUNTY Notary Public cion Expires Jan. 19, 191 STATE OF CALIFORNIA, COUNTY OF Oran e 22 72 19_, Tundersigned, Public in and for said State, personally appeared beary ILISknown to me to be the _ SOUTH COAST DEVELOPMENT CORPORATION of the ation that executed the within Instrument, known to me to be the person who the Corpo executed t e within Instrument, on behalf of the Corporation, therein named, and acknowledged OFFICIAL to me that such Corporation executed the same. SEAL KAREN A. LOCURTO oY `y Karen A. LoCurto _ NOTARY POOL]( (:A„F„RNIA PRINCIPAL OFFICE IN 1` WITNESS y'C - y hand and official seal. ORnNG, 01 1,V My CommisaHn Expires Dec. 16, 1972 /7 / i CV/l '/”/�l//�i/�L� !r/(/7l ` Notary Public in and for said State. AGRNUWLtUGMENI—OrporabU6—WOIcotts Form ;U—Rey. 364 ASURSID... Or.u.fm.,..r.no,RRY rnmVm: co...