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1978-0301_CASITAS DE ALIPAZ/ F.W. DEVELOPMENT_Improvement AgreementRECORDED AT THE REQUEST OF AND RETURN TO: City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 IN OFFICIAL RECORDS COUNTY, CALIFORNIA 15 Min. :3 P M FEB 9 1981 Past LEE A. BRANCH, County Recorder :y RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 6103 )��/i£7)l Mary ni�Aanover, City Clerk City of San Juan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the agreement between the City of San Juan Capistrano, California, and F. W. Development, Inc., 15052 Springdale Street, Huntington Beach, California, 92649, subdivider of Architectural Control 76-10, requires the subdivider to complete the following work to wit: CONSTRUCTION OF PUBLIC IMPROVEMENTS IN CONJUNCTION WITH ARCHITECTURAL CONTROL 76-10 IN THE CITY OF SAN JUAN CAPISTRANO That said work was completed by said subdivider according to plans and specifications and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano, at a regular meeting thereof held on the 20th day of January 1981 , by Resolution No. 81-1-20-3 That upon said agreement the American Motorist Insurance Company was surety for the bonds given by the said subdivider. Dated at San Juan Capistrano, California, this 22nd day of January , 19 81. Mary Ann nover, City Clerk of the City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, do hereby certify under penalty of perjury that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Council. Dated at San Juan Capistrano this 22nd day of January 19 81. (SEAL)�� 'Mary Ann H "ver, City Clerk of San Juan apistrano e RK 12��V61271 RL:kiJRDING REQUESTED BIOND WHEN RECORDINCWES EXEMPT DUE TO E' REC'hiRDED RETURN TO: q GOVERNMENT CODE SECTION 6103 CITY OF SAN JUAN CAPISTRANO 2626 Office of the City Clerk /�i��, 32400 Paseo Adelanto MARY ANN,' ANOVE , City Clerk San Juan Capistrano, .CA .92675 San Ju}% Capistrano, California SMpR0t7r1rrNT TGREEME•.NT EXEMPT C4 THIS AGREEMENT, made pursuant to the provisions o ivision 2 of Title 7 of the Government Code of the'Stafe of California, by and between the CITY OF SAN JUAN CAPISTRANO, a Municipal Corporation Casitas de Alipaz -'--` whose mailingaddress is 16927 Bc•lsa Chica Street OF ORANGE IN OFF Y, C RECORDS OF ORANGE COUNTY, CALIFORNIA Hun.tingto.n Beach, CA 92649 9:09 A.M. MAR 21 1.97$. hereinafter called the "Subdivider." J. WYLIE CARLYLE, County i,ecorder WITNESSETH: THAT, WHEREAS, Subdivider has filed with the Planning Commission of the City, AN Architectural Control Project known as A C. 76-10 , which has been conditionally approved by the City Council, and WHEREAS, Subdivider desires to postpone the public and private improvements required as a condition of approval of said project until a time subsequent to the acceptance of c_i.7 nrC]='.Ct bi ei^;r-,r'-g into an agreement and providing the improvement security required to assure the furnishing and installation of said improvements within the time herein provided. • NUW, THEREFORE, in consic.C_ra U.Un. o;: Liie prei.ii6es and the appLovai. .of the said project and the postponement of the time to install such improvements, and to satisfy the said condition of l.i'c_ approval of tic c. J&.ii _ ..� , t_':.:. C. i:bd_^i•7cr here �: undertakes, promises and agrees as follows: 1. Subdivider will, at his (its) own cost and expense, improve said A.C.by doing all work and providing and furnishing all labor, materials and equipment and making all installations shown on the improvement plans signed and approved by the City Engineer and specified by the Specifications of the City of San Juan Capistrano, which plans and specifications are on file in the office of the City Engineer and incorporated herein by reference, including but not limited to, all grading work, paving of all streets, alleys and public service easements, construction of concrete curbs, gutters, cross -gutters and sidewalks, installation of storm drainage and sanitary sewerage facilities, installation of underground conduit street lighting system, the installation cf all street name signs, and the supplying and planting of all parkway trees, together with the installation of all appur- tenances, contingencies and the furnishing of all engineering costs and services to do and Cnmplete said __ rk, and to do and complete all other acts and obligations required by the City as condition of the approval of the said project . For purposes of this agreement, the City Engineer shall determine the escimlted costs of said improvements to be used for Surety devices as required herein. 2. Subdivider will, at his (its) own cost and expense, provide and install all on-site and off-site water mains and appurtenances and will provide all labor and material to connect the same to existing mains and facilities of the Orange County Waterworks District #4, and will comply with all of the requirements of said District, and with the plans and specifications for said work signed by, and on file in the office of the Manager of said District,' incorporated herein by reference. 3. Subdiv:dnt• 1groo s to pay all applicable fees assigned by City. For purposes of this agreement, applicable fees shall be detined as all fecrs that may he lenally assessed thrcugt: City's ordinances and rc::olu- tions as conditions of approving nubdi.vi.der's subdivision and proponed improvements. -1- Q 12=�F61272 rt4 Stn'bdivi.der. she• Luj:iJ:'(: Q.'. �)oOU Alia :;U1�"ient bond ill ,6.'ordancc with the provisions ref C:hrt ter 5 or: Division 2 of Title 7 of 4c,e Government Code, said bond ;! c" 'le i:. au amount equal to the total estimated cost of work and iniorovements not to be dedicated to City but inspected by City personnel. Said bond shall be conditioned upon faithful performance of this agreentunt. 5. Subdivider shall furnish two good and sufficient bonds in accordance with the provisions of Chapter 5 of Division 2 of Title 7 of the Government Code, said bonds to be in the amounts and for the following purposes: (a) an amount equal to the total estimated cost of the said work and improvements to be dedicated to City, conditioned upon the faithful performance of this agreement, a-0 '�h? s^ =r;Aa ( na? amount equal to the total estimated cost of the said work and improvements to be dedicated to City securing payment to the contractor, .his subcontractors, and to persons renting equipment or furnishing labor or materials to them for the improvements. 6. The City Engineer of the City of San Juan Capistrano may make such changes, alterations or additions to the plans and specifications for said work and improvement which do not exceed ten percent (10€) of the total estimated cost set forth in Item 4 above, as may be determined necessary and desirable by him for the proper completion of said work and improvement or as required for the safety and welfare of the public and no such changes, alterations or additions shall relieve the. Subdivider from the faithful performance of this agreement. 7. Subdivider agrees to ccmplete.all of said work and improvement and to pay all costs specified herein within a period of 365 days from the date hereof. 8. It is agreed by and between the parties hereto that in the event it is deemed necessary to extend the time of completion of the work and ;,rmnrevem?n.t to be done under this anraerent, say -d exrn*lciCn may be granted by. the City Council of the City of San Juan Capistrano or its duly authorized officer, and shall in no way affect the validity of this agreement or the obligations hereunder. Bonds furnished hereunder shall be kept in full force and effect until said work and improvements shall be deemed complete, approved and accepted as completed by said City Council unless the same are reduced. I 9. Subdivider agrees that City may, without any notice, and at its sole option, at any time after the said time for completion has passed,. complete, or cause to be completed, all or any part of the said work, and Subdivider shall pay to said City, upon demand, all of the cost of any of said work done by t1he City, its agents and contractors, or any of them, to complete all or any part of said work. 10. Subdivider agrees to pay City such sum as 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 instrument, and such sum shall.be made a part of any judgment in such action against the Subdivider if such action is determined in favor of the said City. 11. City, its officers and employees, except for their own acts, shall not be liable or responsible for any accident, loss or damage happening or occurring to the improvements specified in .this agreement prior to the completion and acceptance of said improvements by the City. 12. At all times from the acceptance by the City Council of the dedications offered on the final map of said tract to the completion and acceptance 'of the improvements described herein, Subdivider shall perform all worst in a safe, workmanlike manner and shall take such precautions as may 'I%- necessary to warn and protect the public from any dangerous condition caused by the construction of said improvements. 1'3. Subdivider shill hold City, its officers and employees harmless frowl any and all ClA lttt3, tlemin Cls, CuUKes Of OC;Li On, iia]blllt'y or loss Of any sort because of, or arising out of, the acts or omissions of ,the Subrilivider, his contractor, ;subcontractors, agents or employees in the per-ftrmanco of this agreement. -2- PS I 27S Executed atoan Juan Capistrano, California thic, 1st N1, Of March r 1978 -- - --- SUBDIVIDER* P.T_ TES'1 : San Juan q st ano City Clerk APPROVE /AND RECOMMENDED FOR EXECUTION: W City Engineer I M'a geprof Orange County Slater orks, District #4 CASITAS By �. WOOLSEY..-.. PARTNER/CONTRACTOR, CASITAS DE ALIPAZ (Office Held) CITY OF SAN JUAN CAPISTRANO 1 YVON O. HECKSCHER, MAYOR APPROVED AS TO FORM: -'J. �-' 1 City At NOTE: Improvement Bond and Material Labor Bond musljj e to this Agreement. �t'n�l-llCl .�i11p5, juiilC Veus;uie�, dllil UL11CY CulpulaLe Cnti LiC:, shut,10 contact the San Juan Capistrano City Attorney for acceptable form of execution. STATE OF California COUNTY OF Orange ) ------ ........ OFFICIAL SEAL RUTH F. r ,,^,t IARD m NOTARY ?UF 'WA PRIN:- OPANC:: .. MY CnmmlSSlon Expvea Nljy } !98C mwn.ut.uou.u...un................... ........... .-`.._..-- 0 On this 21st day of February in the year 1978 , before me, personally appeared Frank Woolsey, Partner/Contractor, Casitas de Alipaz I known to me to be one of the partners of the partnership that executed the within instrument, and acknowledged to me that'such partnership executed the same. WITNESS my hand and official seal. -3- F)A City of San Juan Capistrano San Juan Capistrano, California Gentlemen: Concurrently herewith, the undersigned is paying to the City of San Juan Capistrano the sum of Twenty -Nine Thousand Dollars ($29,000) representing the so-called "Agricultural Preservation Fee" currently required by the City of San Juan Capistrano pursuant to its laws and ordinances in order to secure a building permit with respect to all or a portion of that real property known as "a portion of Lot 17 in Block 2 of San Juan Capistrano shown on a Map recorded in Book 3, Page 120, Miscellaneous Records of Los Angeles County, California." This payment is made under protest. We reserve any and all rights which we may have to contest the validity of this Agricultural Preservation Fee, as well as the laws and ordinances which have created it. Very truly yours, a partners ./' By r 8. RELEASE OF GRADING BOND, CASITAS DE ALIPAZ (F.W. DEVELOPMENT) (49) Written Communications: Report dated February 17, 1981, from the Director of Public Works, advising that landscaping and grading improvements for the apartment project located at 32221 Alipaz Street have been completed. Release of Surety: The following bond from American Motorists Insurance is to be released upon expiration of 35 days from recording of the Notice of Completion: Bond Amount Grading Bond, No. 8SM 173 007 $76,000 AGENDA ITEM TO: FROM: SUBJECT: SITUATION L February 17, 1981 James S. Mocalis, City Manager 11 W. D. Murphy, Director of Public Works Release of Grading Bond, Casitas De Alipaz (F. W. Development, Inc.) The developer, F. W. Development, Inc., has completed the landscaping and grading improvements for the apartment project located at 32221 Alipaz Street. Accordingly, he now requests the release of his grading bond. The project has received its final inspections from the Building and Safety and Engineering Divisions. The Department of Community Planning and Development has indicated that the landscaping requirements have been satisfied. The grading bond to be released is described below: Bond No. Amount 8SM 173 007 $76,000 FINANCIAL CONSIDERATIONS Company American Motorists Insurance There are no direct costs to the City by this action. ALTERNATE ACTIONS 1. Release the grading bond. 2. Do not release the grading bond. 3. Refer to staff for further information. RECOMMENDATION By motion, authorize staff to release the grading bond in the amount of $76,000 to F. W. Development, Inc. for the Casitas De Alipaz project. Respectfully submitted, W D.urp WDM:JG/rem Attach. FOR CITY COUNCIL AGENDA ... .... -rjo 0 February 3, 1981 EA Z Mr. Joe Gaffney Building Department, City Of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Dear Mr. Gaffeney, tl RECEIVED FEB 5 2 s? PR °g � CITY OF SAN JUAN CAN S7RiiN0 This is to inform you that all Grading has been completed on our project, Casitas De Alipaz, located at 32221 Alipaz in the city of San Juan Capistrano. We are formally requesting you release the Grading Bond dealing with this project. Sincerely, Steve Howell General Manager SH/llt 15052 SPRINGDALE ST., SUITE A • HUNTINGTON BEACH, CALIFORNIA 92649 • (714) 891-3561 DITC . ct Mf Corr^'p0^'fO.Icn to COUNTY OF ORANGE .n-1 NVIRONMENTAL MANAGEMENT AGENC� REGULATION LOS Bond No: 8Std 173 007 F,1:;^',�•; 00057 BUILDING AND SAFETY PHASE I (215) 2213-x;38 GRADING PERMIT SURETY BOND KNOW ALL MEN BY THESE PRESENTS: That CHARLES HERMANSEN CURTIS WOOLSEY FRANK WOOLSEY as Principal, and AMERICAN MOTORISTS INSURANCE COMPANY a corporation organized and existing under the laws of the State of ILLINOIS , and duly authorized to transact a surety business in the State of California, as Surety, are held and firmly bound unto the County of Orange in the just and full sum of q=I TTY CTK TF]()TTg7 Mr) DOLLARS, for the payment of which, well and truly to be made, said Principal and Surety bind themselves, their heirs, adminis- trators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT, WHEREAS, the said Principal above named is applicant under Grading Permit No. of the County of Orange, California, for an excavation or fill of 250 yards or more, on the following described property: cP RE_LEASED_ BY CITY COUNCIL 32221 Alip�7 Street EFF EC ! I �:� t- MARCH 16 r 1981 CI77'"° tat CAPIS i RANO, CA. and WHEREAS, the estimated cost of the work authorized by the permit tis E 76, 0.00. 00 . NOW, THEREFORE, it is agreed that if the Principal shall: a. Comply with all the provisions of "The Excavating and Grading Code of the County of Orange", Article 4 of Division I of Title 7 of the Codified Ordinances of, the County of Orange, commencing with Section 71.041 thereof; and b. Comply with all the terms and conditions of the permit to the satisfaction of the Director of Build- ing and Safety; and e. Complete all of the work contemplated under the said permit within the time limit specified in the permit, and any extension or extensions thereof, and d. Reimburse the County for any work the Director of Building and Safety deems necessary to complete, correct or otherwise undertake the work specified in the permit, or any work he deems necessary for the public safety, because of any failure on the part of the Principal, then this obligation shall be null and void; other- wise it shall remain in full force and effect. PROVIDED, HOWEVER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the permit or of the work to be performed thereunder 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 permit or of work to be performed thereunder, and PROVIDED, FURTHER, that in case suit is brought upon the bond by the County or any other person who may bring an action on this bond, a reasonable attorney's fee, to be fixed by the court, shall be paid by the Principal of Surety. IN WITNESS Wf1F EOF, the said Principal and said Surety have caused these presents to be duly signed and sealed this 2 day of January 1192-8--. BY: rrpnK 11001sey - AMERICAN MOTORISTS INSURANCE COMPANY Saret nl1 r By _e��,U�ny Attornsy-in-Fact Edward Simms rcf�) F0250250 6. RESOLUTION, NOTICE OF COMPLETION AND RELEASE OF SURETY A.C. 76-10, ALIPAZ STREET (F. W. DEVELOPMENT, INC.) V(38) Written Communications: (68) Report -Ta -ted January 20, 1981, from the Director of Public Works, advising that the public improvements resulting from A.C. 76-10 on Alipaz Street have been accepted and requesting authority to release bonds. Acceptance of Work: The following Resolution was adopted: RESOLUTION NO. 81-1-20-3, COMPLETION OF PUBLIC IMPROVEMENTS - ARCHITECTURAL CONTROL 76-10 F. W. DEVELOPMENT) - A RESOLUTION OF TILE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS - ARCHITECTURAL CONTROL 76-10 (F. W. DEVELOPMENT) The Resolution accepts the public improvements and directs the City Clerk to forward the Notice of Completion to the County Recorder within 10 days. Release of Surety: The following bonds from American Motorist are to be released upon expiration of 35 days from recording of the Notice of Completion: Bond Amount Labor 5 Material, No. 7SM171753 $37,700 Faithful Performance, No. 7SM171754 91,500 The following bond from American Motorist was extended to January 20, 1982: Faithful Performance (Public), No. 7SM171753 $37,700 Staff was authorized to release the Faithful Performance Bond (Public) after the successful completion of a one-vear maintenance period. , -7- 1/20/81 AGENDA ITEM January 20, 1981 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Resolution, Notice of Completion and Release of Surety - A.C. 76-10, Alipaz Street (F. W. Development, Inc.) SITUATION The developer of the subject project has requested that the City accept the public improvements and release the surety. The public improvements have been completed and accepted by the City Inspector. The City is requesting a Notice of Completion to be filed with the County Recorder. The surety for this development is: SURETY AMOUNT NUMBER COMPANY PURPOSE Bond $37,700 7SM171753 American Motorist Faithful Performance- erformance_(Public) (Public) Bond $37,700 7SM171753 American Motorist Labor and Materials (Private) Bond $91,500 7SM171754 American Motorist Faithful Performance FINANCIAL CONSIDERATIONS There is no cost or compensation to the City by this action. ALTERNATE ACTIONS 1. Accept the public improvements resulting from AC 76-10, require a Notice of Completion to be filed with the County Recorder; require an extension of the Faithful Performance Surety for Public Improvements to January 20, 1982. 2. Do not accept the public improvements for AC 76-10. 3. Request further information from staff. RECOMMENDATION By Resolution, determine that the work resulting from AC 76-10 has been completed and declare the work to be accepted; direct that within ten (10) days from the date of acceptance a Notice of Completion be filed with theounty Recorder. G� Imo. , 19 �i� 6 FOR C)T'�' COUNCIL AGENDA ... .. 0 James S. Mocalis, City Manager -2- AC 76-10 - F. W. Development, Inc. 0 January 1981 By motion, require an extension of the Faithful Performance Surety for public improvements to January 20, 1982; direct staff to exonerate the Labor and Materials and Private Faithful Performance sureties upon expiration of thirty-five (35) days from the filing of the Notice of Completion: Authorize staff to release the Faithful Performance Bond after the successful completion of a one year maintenance period. Respectfully submitted, �j.� .�.Q W. D. Murp y WDM:MB/rem Attach. y RESOLUTION NO. 81-1-20-3 COMPLETION OF PUBLIC IMPROVEMENTS - ARCHITECTURAL CONTROL 76-10 (F.W. DEVELOPMENT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS - ARCHITECTURAL CONTROL 76-10 (F.W. DEVELOPMENT, INC.) WHEREAS, the City of San Juan Capistrano has entered into an agreement with F. W. Development, Inc., for the construction of public improvements in Architectural Control 76-10; and, WHEREAS, the Director of Public Works has evaluated the final quantities and cost figures and recommends approval. NOW, THEREFORE, the City Council of the City of San Juan Capistrano does resolve as follows: SECTION 1. That the work required to be performed by said subdivider has been completed. SECTION 2. That the work is hereby accepted and approved. , SECTION 3. It is further ordered that a "Notice of Completion e�rded, on behalf of the City, in the office of the County Recorder of the County of Orange within ten (10) days of the date of this Resolution. PASSED, APPROVED AND ADOPTED this 20th day of January , 1981 , by the following vote, to—wit: AYES: Councilmen Friess, Schwartze, Bland, Buchheim and Mayor Hausdorfer NOES: None ABSENT: ATTEST: ITY CLVK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct Copy of Resolution No. 81-1-20-3 , adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 20th day of January 1 1981 (SEAL) MARY ANN,NOVER,�`CI— Y CLERK -1- r rI AGENDA ITEM March 1, 1978 TO: James S. Mocalis, City Manager • �l FROM: W. D. Murphy, Director of Public Works SUBJECT: Approval of Agreement for Public Improvements (A.C. 76--10) Alipaz Village (Woolsey) SITUATION As a condition of approval of the above referenced project, the developer is required to complete full street improvements on Alipaz Street. The developer wishes to postpone said improve- ments subsequent to final approval of the project. The developer has signed an agreement pursuant to meeting this requirement. The developer has also submitted bonds to cover the cost of said improvements. FINANCIAL CONSIDERATION There are no financial considerations due to this action. ALTERNATE ACTIONS 1. Approve the Agreement for Public Improvements. 2. Do not approve the Agreement for Public Improvements. 3. Request further information from staff. RECOMMENDATION By motion, approve the Agreement for Public Improvements and direct the City Clerk to record said agreement. Respectfully submitted, W. D. Murp y Director of Public Works WDM:RFC/tm Enc. FOR CITY COUNCIL AGENDA .. .... 77 A RANCHO ILLI PAZ \ THAI LER PARK 1 IIHORCA, WY •- '1_l0 WAV— RANCHO DEL AVION TRAILER PARK �`wIPO'.A SAN JUAN TAVENIDA ` Bond No. 7S'. 171 753 • act No. �ilreci :.li c,,rrespnndence to — Project 32221 Alipoz St. P.L- E3lAR4;�' BONDS 6&5 C ;cndiet Street ' Los C.Iiifornia 90057 BOND FOR IMPROVEMENTS (213) 383-2168 (FAITHFUL PERFORMANCE) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and CHARLES HERMANSEN, CURTIS WOOLSEY & r^RAN WOOLSEY whose mailing address is 16931 Bolsa Chica St., Hunting on Beach, Ca. , hereinafter deisgnated as Principal, have entered into an agreement whereby Principal agrees to install and complete certain designated improvements. WHEREAS, said Principal is required to furnish a bond for the faithful performance of said improvements. NOW, THEREFORE, we, the Principal, and zOIERICAN MOTORISTS INSURANCE COMPANY , whose mailing address is n Los Angeles, Ca. , as Sure'cy, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called City, in the penal sum Of THIRTY SEVEN THOUSAND SEVEN HUL�1S9;lars ($-37,700.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bond ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition.of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or :.heir part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of San Juan Capistrano, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force find effect. As a part of the obligation secured hereby, and in addition to the face &mount 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. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder, or the specifications accompanying same, shall in any way affect its obligations on this bond, and it does hereby waive any notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. 1N WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on December 27 19 77, PRINCIPAL SURETY LZ By Address of Subdivider: AMERICAN MOTORISTS INSURANCE COMPANY (Surety Name) 7Attorney-in-Fac cline Rhodes, NOTE: Acknowledgments of execution of Principals and Surety must be attached. Bond must be attached to Subdivision Agreoment. App. 6 STATE OF CALIFORNIA I ss. COUNTY OF LOS ANGELES I ♦ OFFICIAL SEAL K. BOURQUE j ♦ NOTARY PUSL��; CALIFORNIA ♦ PR,NCIPAI. OF.: -'E IN ♦ y'"<:. LOS ANGELES COUNTY My Commission Expires May 17, 1981 E 0 u N E v_ C T E 0 ON 2 7 1977 19 — . before me a Notary Public in and for said State, personally appeared 7RcnnP'inn RhnaPe known to me to be the person whose name is subscribed to the within Instrument as the Attorney -in -Fact of AMERICAN MOTORISTS INSURANCE COMPANY, and acknowledged to me that he subscribed the name of said Company thereto as Surety, and his own name as Attorney -in -Fact. IC STATE OF CALIFORNIA ss. COUNTY OF _ On —��—� before me, the undersigneepd•6/J, �,,a, Notary Public in and for l ; said State, personally appeared_ 1,�' � ( A )©0� Set1 L�V(�' �ec' _ I known to me to be the person whose name =I - subscribed to the within instrument and acknowledged to meaa�1� � ��r^^ ,, � sy(sj17s,�,YY Lpp R. that_�r '.�_ executed the same. + 0 ORANan WITNESS my hand and official seal. / v..- Signature Name (Typed or Printed) ROL M P&vkia Francis NOTARY PUBLIC—CALIF. :)OLINTY OF ORANGE IAj C^r,.;r. End, g•5-81 (This area for o aia notarial seal) AtttERICAN MOTORISTS INSURANCE COMPANY Home Office: Long Grove, IL 60049 cif culnt antes POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint ••+•*•** A. F. Barker, Jacqueline Rhodes and Edward Simms all of Los Angeles, Califor- nia its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period begin- ning with the date of issuance of this power and ending December 31, 1978, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds FIVE HUNDRED THOUSAND WL- LARS EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1978. This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said American Motorists Insurance Company on May 15, 1939 at Chicago, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary or Assistant Secretary as being in full force and effect: 'VOTED, That the President or any Vice President or Secretary or any Assistant Secretary shall have power and authority to ap- point agents and attorneys in fact, and to authorize them to execute on behalf of the company, and attach the seal of the company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such officer of the company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Board of Directors of the company at a meeting duly called and held on the 22nd day of May, 1963: Pia Apnt any Vice President, Secretary or Assistant Secretary, and the Seal of the Com- ' ' `-----'1-- ^^ , , n,war of attorney and No. • act No. or Project 7Si,? 171 753 3�22� Ali St. �e1Q J BOND FOR IMPROVEMENTS s]l�Co;YI (LABOR AND MATERIALS) S / WHEREAS, the City Council of the City of San Juan Capistrano, County of Orange, State of California, and CHARLES HERINIANSEN, CURTIS WOOLSYY*y}ose mailing address is 16931 Bolsa Chica, Htg. Beach, Ca. **FRANK 1,7OQLSEY hereinafter designated as Principal, have entered into an agreement whereby Principal agrees to install and complete certain designated improvements. WHEREAS, Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of San Juan Capistrano to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, said Principal and the undersigned as corporate Surety, are held firmly bound unto the City of San Juan Capistrano, and all con- tractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the afore- said Code of Civil Procedure in the sum of THIRTY SEVEN THOUSAND SEVEN IiUNDRED Dollars($ 37 7nn_nn ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemplovment Insurance Act with respect to such work or labor, that said Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be. awarded and fixed by the Court, and to be taxed as costs and to be included in the judgment rtherein rendered. It is expressly stipulated and agreed that this bond shall. inure to the 'benefi.t.of any and all persons, companies,.and corporations entitled to file claims under Title 15 (commencing with Section 3052) Part 4 of .Division 3 of the Civil Code, so as to give a right of action to diem or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall he and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the said agreement: or the specifi- cations accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. XN WITNESS WHEREOF, this instrument has been duly executed by the Principal. and Surety above named, on December 27 , 1977 PRINCIPAL BY Cries ans�, BY • / -l..0-tel i �J � -..,rt-f• By ^Too -��'P°rvrfi oolsry By Address of Subdivider: SURETY AMERICAN MOTORISTS INSURANCE COMPANY (Surety Name) By torney-i n-i,ac line. Rhodes NOTE: Acknolwedgeme nts of execution by Principals and Surety must: be attached. Bond must-, bo attached to Subdivision Agreement. App. 7 STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES) 2 '7 1377 ON 19 — ,before me a Notary Public in and for said State, personally appeared Jacqueiino Rhnasc known to me to be the person whose name is subscribed to the within Instrument as the Attorney -in -Fact of AMERICAN MOTORISTS INSURANCE COMPANY, and acknowledged to me that he subscribed the name of said Company thereto as Surety, and his own name as Attorney - in - Fact. ublic STATE OF CALIFORNIA OFFICIAL SEAL s • *, K. BOURQUE • i • � iNOTARY p03-L1OCALIFORNIA 0 O `-" PRIIJCIP:,L Orr,,;E IN • • LOS ANGELES COUNTY 4 My Commission Expires May 17, 1981 2 '7 1377 ON 19 — ,before me a Notary Public in and for said State, personally appeared Jacqueiino Rhnasc known to me to be the person whose name is subscribed to the within Instrument as the Attorney -in -Fact of AMERICAN MOTORISTS INSURANCE COMPANY, and acknowledged to me that he subscribed the name of said Company thereto as Surety, and his own name as Attorney - in - Fact. ublic STATE OF CALIFORNIA ^ 5a. r COUNTY— u a—I—%% _ before me, the undersigned, a Notary Public inCCand .. ,,for �e State, o said personally 'appeared C u E known to me to be the person_-- whose name -5 subscribed to the within instrument and acknowledged to me p�Qa n�. aS%a'� '- lI 4aAR P��p hmCAL that— executed the same. NOTARY PUBLIC CALIF. 7 COUNTY OFORANGE _ WITNESS my hand and official seal. My, Comm. &P. &S -8I g aE LL Signature I W �I',s µ ` cI 14 Name (Typed or Printed) (This area for official notarial .0.10 AMBRICAN MOTORISTS IN ANCE COMPANY Home Office: Long Grove, IL 6004 • (Insuaanre rn�I POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint ******•* A. F. Barker, Jacqueline Rhodes and Edward Simms all of Los Angeles, Califor- nia its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period begin- ning with the date of issuance of this power and ending December 31, 1978, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds FIVE HUNDRED THOUSAND DOL- LARS EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1978. This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said American Motorists Insurance Company on May 15, 1939 at Chicago, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary or Assistant Secretary as being in full force and effect: 'VOTED, That the President or any Vice President or Secretary or any Assistant Secretary shall have power and authority to ap- point agents and attorneys in fact, and to authorize them to execute on behalf of the company, and attach the seal of the company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such officer of the company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Board of Directors of the company at a meeting duly called and held on the 22nd day of May, 1963: "VOTED, That the signature of the President, any Vice President, Secretary or Assistant Secretary, and the Seal of the Com- pany, and the certification by any Secretary or Assistant Secretary, may be affixed by facsimile on any power of attorney executed pursuant to resolution adopted by the Board of Directors on May 16, 1962, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 6th day of Se]2tember , 19= Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY C. C. Swan, Secretary H. L. Kennicon, Jr., Vice President STATE OF ILLINOIS I ss COUNTY OF COOK J I, Jean Petzold, a Notary Public, do hereby certify that H. L. Kennicott, Jr. and C. G. Swan personally known to me to be the same persons whose names are respectively as Vice President and Secretary of the American Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth My commission expires: April 29, 1980 lean Petzold, Notary Pu CERTIFICATION I, Sven L. Johanson, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney dated Rertember, 6, 1977 on behalf of Q- F_ Aarker, jnrgltel i na Rhodes and Edward Simms all of Los Angeles, California (EACH)************** -E4YY.iRYJFIFY-YEr'-EF-E4YYaLiFiLJFYi4�F�F�LNaFdF�FN-�F-IF�4-Y�E-dR*aFiFaFiFiRaFdF is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said H. L. Kennicott, Jr. and C. G. Swan who executed the Power of Attorney as Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Vice President and Secretary of the American Motorists Insurance Company. N TESTIMONY WHEREOF, I have herwts ubs 1Oeed my name and affixed the corporate seal of the American Motorists Insurance Company on this—11 , day of 19—. seen L. Johanson, Secrelary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. FM 836 7-76 iM PRINTED IN U S.A. Power of Attorney—Term Diroct all correspondence to — P,L i3CNO i ;tree, Los 9UO�7 (2i3� 3u&Z168 Bond No. 7SM 171 75c •O act No. Project 22221 hlilpoz St. BOND FOR IMPROVEMENTS (FAITHFUL PERFORMANCE) a' WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and CHARLES HERMANSEN, CURTIS WOOLSEY & FRANK WOOLSVYwhose mailing address is 16931 Rnl sa ch; �a Strut c, _ hereinafter deisgnated as Principal, have entered into an agreement whereby Principal agrees to install and complete certain designated improvements. WHEREAS, said Principal is required to furnish a bond for the faithful performance of said improvements. NOW, THEREFORE, we, the Principal, and AMERICAN MOTORISTS INSURANCE COMPANY whose mailing address is b8b C&ronde1-eT-7r-.—,-T,`os .mgeles, Cal 90057 , as Sure -y, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called City, in the penal sum Of NINETY ONE THOUS. FIVE HUND. Dollars ($ 91,500.00 ) lawful money of the United States, for the payment of cahich sum well and truly to be made, we bond ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded Principal., his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or ;,heir part, to be kept and performed at the time and. in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of San Juan Capistrano, its officers, agents and employees, as therein stipulated, then this obligation ,shall become null and void; otherwise it shall be and remain in full force `,and effect. !Ns 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. 'The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder, or the specifications accompanying same, shall in any way affect its obligations on this bond, and it does hereby waive any notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. ,IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on December 27 , 19 77. PRI�NCI�AL BY: 4 - Ch S - Chls iier;ranse BY • s_�r ou u� r 's '? olse�� By CEJ r-anf< noo sey By -- -- - By SURETY AMERICAN MOTORISTS INSURANCE CO['PANY (Surety Name) Address of Subdivider: NOTE: Acknowledgments of execution of Principals and Surety must be attached. Bond must be attached to Subdivision Agreement. App. 6 STATE OF CALIFORNIA I ss. COUNTY OF LOS ANGELES) �. OFFICIAL SEAL • K. 60URQUE • ,..� -. NOTARY PUbUG-CALIFORNIA • • 's PRINCIPAL OFFICE 1N • LOS ANGELES COUNTY Is My COMMISSiOn Expires May 11, 1981 ON DEC 2 7 1977 19 —, before a No{ary Public in and for said State, personally appeared known to me to be the person who$e name is subscribed to the within Instrument as the Attorney -in -Fact of AMERICAN MOTORISTS INSURANCE COMPANY, and acknowledged to me that he subscribed the name of said Company thereto as Surety, and his own name as Attorney -in -Fact. STATE OF CALIFORNIA SS. COUNTY OF _J a E On ,�(/17— { before me, the undersigned, a Notary Public in and for a �7 said State, personally appeared L"71J�/ �eg i�211YI/MI.cQI1 l G LSI A ��L11ra E —i ¢ CC known to me to be the person_,,,JL— whose name Roble Pamela t4louets subscribed to the within instrument and acknowledged to me NOTARY PUBLIC—CALIF. 5 �Li. that --_L I[l executed the same. COUNTY OF ORANGE MY C-0111111116 &P.6 5-81 7 g WITNESS my hand and official seal .n ` o SignatureE--��/--566�J_.�--�S�L-s-o-s•/�CQ ` Name (Typed or Printed) (This area for official notarial seal) AMERICAN MOTG1,.STS IN URANCE COMPANY Home Office: L - ove, 1L 600 wtsuaatxei �nmrarttes, POWLR OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint ******** A. F. Barker, Jacqueline Rhodes and Edward Simms all of Los Angeles, Califor nia (EACH)****x*>f*x* E Esrat�r E t***at>E>E*>Eatsritst**�tsr*�r*sratxatat�xst>far E true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period begin- ning with the date of issuance of this power and ending December 31, 1978'unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds FIVE HUNDRED THOUSAND DOL- LARS ($500,000.00)******************************************** EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of my promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two i nore bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revokeu at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1978. This Power of Attorney Is executed by authority of a resolution adopted by the Board of Directors of said American Motorists Insurance Company on May 15, 1939 at Chicago, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary or Assistant Secretary as being in full force and effect: 'VOTED. That the President or any Vice President or Secretary or any Assistant Secretary shall have power and authority to ap- point a.eents and attorneys in tact, and to authorize them to execute on behalf of the company, ani jttach the seal of the company thereto, bunds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such off icer of the company may appoint agents for acceptance of process ' This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Board of Directors of the company at a meeting duly called and held on the 22nd day of May, 1963: VOIED that the ,ignalure �f the President, anv Vice President, Secretary or Assistant Secretary, and the Seal of the Com- panv, and the certification by any secretary or Asstslant Secretary, may be affixed by lacstmile on any power of anornev executed pursuant to resolution adopted by the Board of Directors on May 16, 1962, and any such power so executed, sealed and certified with respect to am bond or undertaking to which it Is attached. shall continue to be valid and binding upon the Company " In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed ani is corporate seal to be affixed by its authorized officers, this 6th—day of S=tember , 1917 AttestedandCertified: AMERICAN MOTORISTS INSURANCE COMPANY By C. G. Swan, Secretary H L. Kennicon, Jr.. Vice President STATE OF ILLINOIS 1I ss COUNTY OF COOK I I, Jean Petzold, a .Notary Public, do hereby certify that H. L. Kennicott, Jr. and C. G. Swan personally known to me to be the same persons whose names are respectively as Vice President and Secretary of the American Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in oerson and severally acknowledged that they being thereunto duly authorized signed, sealed with the corpora.e seal and delivered the said instrument as the tree and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth 7 n My commission expires. April 29, 1980 lean Petzold. %otary Public CERTIFICATION I, Sven L. Johanson, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney dated September 6, 1977 on behalf of A- F_ B rkpr, Tar�nuel i np Rhodes and Edward Simms all of Los Angeles, California (EACH)************** is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said H. L. Kennicott, Jr. and C. G. Swan who executed the Power of Attorney as Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American Motorists Insurance Company on this day of 19_. seen L. Johanson, Secreta,, This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Rd 836 '--6 LM PRINTED IN U S A Power n( ilbrne—Term