1972-0107_SOUTH COAST DEVELOPMENT CORPORATION_Agreement• A G R E E M E N T
THIS AGREEMENT,', made and en @red into this -'•1th day of January
1972 by and betwe n south Coast Dev lopment Corporation , hereinafter designated
as SUBDIVIDER and the CITY OF,SAN JUAN CAPISTRANO, a body politic of the
State of Californ a, hereinafter designated as CITY:
W I T N E S S E T H:
WHEREAS,'the{SUBDIVIDER has
the CITY a final ap of Tract No
County of Orange, and
WHEREAS, the SUBDIVIDER as
CITY, is required�to construct o
repared.and offered for acceptance by
7541 in the, City of San Juan Capistrano,
condition of approval of said map by the
agree to construct certain improvements,
and
WHEREAS, the installation of the public streets, sewers, storm drain,
street lighting facilities as she n on the Plans in connection with the
improvements for said Tract No. 541 Will fulfill the requirements;
NOW, THEREFO E, IT IS AGREED by and between the parties hereto as
follows: -
In consideration of the appr�Oval of said final map by the CITY, the
SUBDIVIDER agrees:
I.' That the SUBDIVIDER willat the sole cost and expense of the
SUBDIVIDER construct and instiall 11 of the public facilities shown and
delineated upon the "plans for Street Improvements including Street
Lighting System, omestic Water S stem and Sanitary Sewers of Tract NO.
7541 on file in the office of the City Clerk of the City of San Juan
Capistrano; said "Plans for Street Improvements including Street Lighting
System, Domestic Water System and Sanitary Sewers of Tract No. 7541" are
hereby referred to and made a part of this Agreement as though fully set
forth herein.
2. To secure the faithful p rformance of this Agreement, the SUB-
DIVIDER agrees to furnish to the ITY a good and sufficient bond executed
by a corporation authorized to tr nsact"surety business in the State of
California in the um of $196, 00
said bond to be approved by the CITY.
i
j 3. It is mutually agreed• that the work herein required to be done
i by the SUBDIVIDER shall on the w itten request of the SUBDIVIDER made to
the City Engineer be inspected bt him,and if found to be in order, accepted
jas it progresses. In such case the SUBDIVIDER shall be entitled to a par-
tial refund of money deposited t secure faithful performance, in a sum in
the Same ratio to the total mone( deposited as the work accepted bears to
the total work to be done, provi ed that the CITY'S Engineer has first cer-
tified to the Cit Council the a ount of work completed and to be accepted
and the amount of partial refund to which 'the SUBDIVIDER is entitled and
the City Council pprove such r fund and 'further provided that no refund
in excess of Eigh -five percent 85X) of the total amount of the original
deposit shall be nade until all f the work is completed and accepted.
4. The SUB IVIDER agrees o commence the construction and instal-
lation of said im rovements with n.180 days from the approval of said map
by the CITY and s all complete s id work with 365 days from the cz
said.approval,
This agreeme t is entered into pursuant to the provisions of Div. 4,
PT. 2, Ch. 2, Art 9 of the Business of Professions Code of the State of
California,
IN WITNESS W EREOF, South Coast Development Corporation
has executed these presents as tie SUBDIVIDER, and the CITY OF SAN JUAN
CAPISTRANO has caused these pres nts 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 he CITY, the d y'and year in this instrument first above
written.
1tiL-_
South Coast Development Corporation.
By: David R. Wills, Secretary
CITY "OF SAN JUAN CAPISTRANO
ATTEST: By:
Mayor
Donald G. Weidner, City Clerk an�l
ex -officio Clerk
TO 449 C
(Corporation)
STATE OF
COUNTY
On January
State, Personally appy
known to me to be th
known to me to be _
known to me to be
Instrument on behalf
acknowledged to me t.
instrument pursuant I,
of directors.
WITNES¢-Vmy hand
SHARON E
Name
O
SS.
red be ore me, the undersigned, a Notary Public in and for said
'resident, and DAVID R. WILLS '
Secretar, of the corporation that executed the within Instrument,
he Persons who executed t6 within
I the corporation therein named, and
t such corporation executed Ile within
its by-laws or a resolution of is board
d official a .
f OFFICIAL SEAL
J SHARON K. DIERKS
Notary Public . Cclilornia
PRINCIPAL OFFICE IN
DIERKS M ORANGE COUNTY
RANGE
Ex ires Sapt. y9, 1975
(Typed or PrintedI
(This area for oM,.1 notarial seen
SUBDIV .S.10N IMPROVEME
,..c on 11612 Busi
BON N0. SC 7107254
PR M: $1,958.00
SECURITY PERFORMANCE BOND
as and Professions Code)
Check work to be performed:
Street Improvements R
Water System
Sewer System %
Lighting R
KNOW ALL MEN Y THESE PRESENTS:
That SOUTH COAST DEVELOPMENT CORPORATION , Subdivider,
as Principal, and THE AMERICAQ INSURANCE COMPANY a Corporation,
as Surety, arc hereby jointly and severally bound to pay to the
CITY OF SAN J AN CAPISTRANO the sum of $195,800.00.
The condition of this obligat on is that whereas the Subdivider,
as a conditior of the filing f the final subdivision map of
Tract 7541, a tered into an a reement or agreements with said
CITY to impro a streets and a sements in said subdivision, as
indicated abo e.
NOW, THEREFORI, if the Subdivider shall well and truly perform
said agreement or agreements luring the original term thereof
or of any extension of said term that may be granted by the
Board of Supervisors of the C TY OF SAN JUAN CAPISTRAN9 with
or without notice to the Surety, this obligation shall be void,
otherwise it shall remain in full force and effect.
Dated: JANUARY, 7TH. 1972
Name of Principal:
Authorized Signature (s): By
Title: Secy
(If Corporati
Name of Suret
Authorized Si
Title: ATTORN
(Affix Corpor
, affix seal
ature: By
- 111 -
e Se
RPORATION
I
RANCE COMPANY
State of
County of 1} as:
SS.
before me, the undersigned, a Notary public in and for said
appeared
e the
be President, and DAITTT) R WTI T --
Se etary of the cor oration that executed the
be the persons who execut P ,
''calf of the d the within within Instrument,
corporation there' named, and
ae that such corporation execu ed the within
it to its by-laws or a resolutio
of its board
td and official s al. �----- --.--_
OFFICIAL SEAL
SHARON K. DIER}S
Notary Public - CJJl ,. io
�N PRINCIPAL OFFICP IN
ORANGE COUNTY
K. DIERKSMy Commission Expires Sopt. 29, 1975
ame (Typed or Printed)
(T41s arty for official notarial scall
O
On JANUARY 71H, 1972
I
before me, a Notary Public in and for said County and State, residing
therein, duly commissioned ands ora, personally appeared ALERT H. $ RUN ET
known to me to be Attorney -in -Fact of THE AMERICAN I INSURANCE COMPANY
the corporation described al and hat execute
the said instrument in behald the within an foregoing instrument, and known to me to be the person who executed
f oI th said corporation, and he d ly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I
\. WIUIU,11PJE E. C;OS
r,.
My Commission Expires ill
(i:1r AE L
360212-6.66 My C mmission Expires rrb. 10, 15
official seal, the day and year stated in this certificate above.
Notary Public
To 449 c
(Corporation)
ISTATE
OF CA
COUNTY OF
On Jariva
State, personally
m
known to me to
w
i
known to me to
W
4
known to me
Instrument on b.
acknowledged to
N
instrument pars,:
of directors.
WITNES my hl
I
Signatur
SHAROI
State of
County of 1} as:
SS.
before me, the undersigned, a Notary public in and for said
appeared
e the
be President, and DAITTT) R WTI T --
Se etary of the cor oration that executed the
be the persons who execut P ,
''calf of the d the within within Instrument,
corporation there' named, and
ae that such corporation execu ed the within
it to its by-laws or a resolutio
of its board
td and official s al. �----- --.--_
OFFICIAL SEAL
SHARON K. DIER}S
Notary Public - CJJl ,. io
�N PRINCIPAL OFFICP IN
ORANGE COUNTY
K. DIERKSMy Commission Expires Sopt. 29, 1975
ame (Typed or Printed)
(T41s arty for official notarial scall
O
On JANUARY 71H, 1972
I
before me, a Notary Public in and for said County and State, residing
therein, duly commissioned ands ora, personally appeared ALERT H. $ RUN ET
known to me to be Attorney -in -Fact of THE AMERICAN I INSURANCE COMPANY
the corporation described al and hat execute
the said instrument in behald the within an foregoing instrument, and known to me to be the person who executed
f oI th said corporation, and he d ly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I
\. WIUIU,11PJE E. C;OS
r,.
My Commission Expires ill
(i:1r AE L
360212-6.66 My C mmission Expires rrb. 10, 15
official seal, the day and year stated in this certificate above.
Notary Public
S
/ FIREMAN'S
FIREMAN S FVND INSURANCE CO P""Y
Bond No._SC_ 710 7254
MERicAN iNSN RANCE coM ANY
PREMIUM: INCLUDED
FUND
0
NATION.. SURETY GO RPORATIO
Fssoc SATED INDEMNITY coRPOR TION
IN PERFORMANCE BOND
AMERICANAMERICAN
AUTOMOBILE INSDRA CE
COMPTNY
INSURANCE come.aNies 11 "DMB °FSUBDIVISIONJALABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:
That we
as Principal, and
held and firmly bound unto
after provided in the sum of
as Surety are
and to all persons as herein-
NINETY-FIVE THOUSAND EIGHT
- - - - - - I - - - - - --- Dollars ($195,800.00 - - )
lawful money of thel United States,lfor which payment well and truly to be
made, we bind ourselves, jointly
The condition of th above obligat
has been or is abou to be granted
for
of land pursuant to
(Ordinance N
and as a condition
and pursuant to Sec ion 11612 Cali
Principal is requir d to furnish a
provided.
d severally, firmly by these presents.
is such that, whereas said Principal
permit by the CITY OF SAN JUAN
subdividing and improving of a tract
er
and described as Tract No. 7541
t to the granting of such permit,
is Business and Professions Code, the
or and material bond as herein
NOW, therefore, if aid Principal o any contractor or subcontractor of said
Principal fails to ay for any mate isle, provisions, provender or other
supplies or teams u ed ia, 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 is an amount not exceeding the sum set forth
above, and also in case suit is bro ght upon this bond, a reasonable attor-
ney's fee to be fixed by the court. This bond shall inure to the benefit
of any and all persons, companies a d corporations entitled to file claims
against said tract of land under an by virtue of the lava of the State of
California.
WITNESS our hands It
360045-12-66
day of JANUARY , 19 72
Pr
urety)
LBERT R. BRUNET Attorney -In -Fact
State of
County of # as:
On JANUARY 7T
therein, duly commissioned and
known to me to be Attorney -in -Fact
the corporation described in and
the said instrument in behalf of th
IN WITNESS WHEREOF, I
My Commission
360212—e -e6 11 M
Y
(Ther area for emaial notarial reap
1972
, before me, a Notary Public in and for said County and State, residing
nn, personally appeared ALBERT H,
BRUNET
f THE AMERICAN INSURANCE COMPANY
at executed the within aric foregoing instrument, and known to me to be the person who executed
said corporation, and he d Ily acknowledged to me that such corporation executed the same.
tnto set my and and aft( e
y official seal, the day and Year stated in this certificate above.
WILHEMINE E. CNQJSY
NOTARY FOLIC • CALIFOPW %
OFFICE 11
ORANGE COUNTYNotary Public
Iission Expires Feb. 10, 1973 I
TO 449 C
(Corporation)
ISTATE OF CALIF
RNIA
O
COUNTY OF
)
} SS.
On ---_January
Z. 3972
1
State, Personally
Y app
b
ared
tore me, the undersigned, a Notary public
w
a
known to me to be the
in and for said
'"
k
known to me to be
known
resident, and DAVID R 4rTT T '
Isx
i
to me to be
Instrument on behalf
acknowled
acknowledged
the persons Secretor
who executed If
of the corporation
of the corporation that executed the
within within Instrument,
ti
m
to me t
instrument pursuant to
of directors.
at such corporation therein na
its b poration executed t
Ylaws or
ed, and
e
a resolution of
s board
WITNESSy
hand and
official
seal.
OFFICIAL SEA]
Signature
"r-'
SHARON K. DIERKS
/; NPRI Public-
ry Caliiomla
040
I
.,/ PRINCIPAL OFFICE IN
ORANGE COUNTY
Name
(T YPed or priote..l)
M Commission Expires Se t. 29, 1975
State of
County of # as:
On JANUARY 7T
therein, duly commissioned and
known to me to be Attorney -in -Fact
the corporation described in and
the said instrument in behalf of th
IN WITNESS WHEREOF, I
My Commission
360212—e -e6 11 M
Y
(Ther area for emaial notarial reap
1972
, before me, a Notary Public in and for said County and State, residing
nn, personally appeared ALBERT H,
BRUNET
f THE AMERICAN INSURANCE COMPANY
at executed the within aric foregoing instrument, and known to me to be the person who executed
said corporation, and he d Ily acknowledged to me that such corporation executed the same.
tnto set my and and aft( e
y official seal, the day and Year stated in this certificate above.
WILHEMINE E. CNQJSY
NOTARY FOLIC • CALIFOPW %
OFFICE 11
ORANGE COUNTYNotary Public
Iission Expires Feb. 10, 1973 I