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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