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1965-1108_CASITA CAPISTRANO CO._Agreement• A G R E E M E N T THIS AGREEMENT, made and entered into this 8th day of November � 1965 b-: and between Caritas Capistrano Company, a joint venture comprised of Trans- america Development Company, a California corporation and Casitas Land Company, a California corporation. , hereinafter designated as °SUBDIVIDER° and the CITY OF SAN JUAN CAPISTRANO, a body politic of the State of California, hereinafter designated as "CITY": W I T N E S S E T H: WHEREAS, the SUBDIVIDER has prepared and offered for acceptance by the CITY % final map of Tract No. 5947 �Iin the City of San Juan Capistrano, County of Grange, i and WHEREAS, the SUBDIVIDER by said map offers for dedication to the CITY for public use the streets and easements as shown on said map, and WHEREAS, the SUBDIVIDER desires the CITY to accept the streets and easements ^ho^m on said nap for public use. NOW, THEREFORE, IT IS AGREED by and between the Parties hereto as follows: In consideration of the acceptance of the streets and easements shown on the final map of Tract No. 5947 , City of San Juan Capistrano by the CITY, the SUB- DIVIDER does hereby agree: 1. That the SUBDIVIDER will at the sole cost and expense of the SUBDIVIDER construct and install all of the street improvements of Tract No. 5947 11 now on file in the office of the City Clerk of the City of San Juan Capistrano; said "Plans for Street Improvements of Tract No. 5947 11 are hereby referred to and made a part of this Agreement as though fully set forth herein. 2. To secure the faithful performance of this Agreement, the SUBDIVIDER agrees to furnish to the CITY a good and sufficient bond executed by a corporation ar.thorized to transact surety business in the State of California in the sum of Seventy Thousand ($70,000.00) Dollars to as., re the faithful performance of this Agreement. -1- of 2 - STATE OF CALIFORNIA, ss. caunrY of ORANGE ON November ath , ig 65 before me, the undersigned, a Notary Public in and for the said State, personally appeared Richard G. Kemps , known to me to be the President, and , known to me to be the --Secretary of CaSita6 Land Company ORIAN H. MANNESTAD y NOTARY PURLIC CALIFORNIA PRINCIPAL OFFICE IN the Corporation that executed the within Instrument, known to me to be the persons who GRANGE COUNTY d executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the within Instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. NAME ( PED OR RINT D Notary Public in and for said tate. STATE OF CALIFORNIA, ORANGE } ss. COUNTY OF 1 ON November 9th 19_65_ before me, the undersigned, a Notary Public in and for the said State, personally appeared , known to me to be the President, and R. D. Dunham , known to me =PUBLIC ,..TAIto be the Aest. _Secretar EQ ESTAG yLIFORNIA_E IN the Corporation that executed the within Instrument, known to me to be the persons who TY executed the Within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the within Instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. IL H. LlJl7 ►br CaTsraalaloa Eroir" AW & 3969 NAME (TYPED OR PRINTED) Notary Public in and for said State. 0 0 3. It is mutually agreed that the work herein required to be done by the SUB- DIVIDER 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 the SUBDIVIDER shall be entitled to a partial refund of money deposited to secure faithful performance, in a sum in the same ratio 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 certified to the City Council the amount of work completed and to be accepted and the amount of partial refund to which the SUB- DIVIDER is entitled and the City Council approve such refund and further provided that no refund in excess of Eighty-five percent (85%) of the total amount of the original deposit shall be made until all of the work is completed and accepted. 4. The SUBDIVIDER agrees to commence the construction and installation of said improvements within 180 days from the approval of said map by the CITY and shall complete said work within days from the date of said approval. This agreement is entered into pursuant to the provisions of Div. 4, Pt. 2, Ch. 2, Art, 9 of the Business and Professions Code of the State of California. IN WITNESS WHEREOF, CASITAS CAPISTRANO COMPANY has executed these presents as the SUBDIVIDER, and the CITY OF SAN JUAN CAPISTRANO has caused these presents 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. CITY OF�JUAN CAPISTRANO CASITAS CAPISTRANO COMPANY, X3XKM_ AM a joint venture ATTEST: Casita and. om" By: President Transamerica Devsi pmsnt Company Ern&t A. Thompson iln f. Secretary City Clerk and ex -officio Cleek of said City Council _2_ of 2 - 0 AGENDA ITEM July 7, 1976 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: BOND RELEASE - T CT 5947.(TRANSAMERICA DEVELOPMENT COMPANY - THE SAS"). SITUATION: Transamerica Development has requested exoneration of the Performance and Labor and Material Bond for driveways and sidewalks in Tract No. 5947. The bond is in an amount of $10,500.00 for Performance and $5,250.00 for Labor and Material, with an effective date of August 25, 1967. The Surety is Safeco Insurance Company of America and the Bond No. is 583917. The bond covered the remaining sidewalks and driveways in Tract No. 5947. The work (sidewalks and driveways) continued slowly because of the nature of construction of homes in the tract. The work is now completed to the satisfaction of the City Engineer. FINANCIAL CONSIDERATION: There is no cost to the City for this action. ALTERNATE ACTIONS: 1. Accept the sidewalk and driveway improvements on Tract No. 5947, exonerate the Faithful Performance Bond and require an extension of the Labor and Material Bond to June 2, 1977. 2. Do not accept the sidewalk and driveway improvements on Tract No. 5947 and do not release the bonds. 3. Request further study by Staff. RECOMMENDATION: By motion, accept the sidewalk and driveway improvements on Tract No. 5947, exonerate the Faithful Performance Bond No. 583917 and require an extension of the Labor and Material Bond to June 2, 1977. Respectfully submitted, W. D. Murphy WDM:TJN:cj FOR CITY COUNCIL AGENDA fl y T[LLOHONE 014> 493.4810 ufu•Cr111111#t�i �Ql nif•zs DEVELOPER OF CASAS CAPISTRANO 31312 PASEO NARANJA SAN JUAN CAPISTRANO. CALIFORNIA 92675 June 10, 1976 City of San Juan Caoistrano 32400 Paseo Adelanto San Juan Capistrano, Calif. 92675 Gentlemen: This is to certify that all the work pertaining to the completion of the curbs, driveways and sidewalks CLIFFORD S. THORESON for Tract 5947 San Juan Capistrano have been comnleted, and that I was the sole contractor performing this work. TOWN & COUNTRY BUILDERS Cliffor B. Thoreson scam M TRIFLPCATR Bond No. 54581+ PVMIM X708.80 Subdivision Improvement Bond Faithful Performance (California) KNOW ALL MEN BY THESE, PRESENTS: That QWZW CA0,1020M as Principal and the General Insurance Company of America, a Corporation organized and existing under the laws of the State of Washington and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto Q aiM )IBIII C1TT in the sum of omm =Nam 1m owum Dollars (S 78,8R8.8D for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. ` THE CONDITION OF THIS OBLIGATION IS SUCH, That Whereas, the Principal entered into a certain Agree - mens or Contract with the Obligee, dated the day of , 191 wherein the Principal has agreed to complete the following improvements: sex4ft lwift in Tea" J4. 5%7 as more fully set forth in said Agreement. xx NOW, THEREFORE, if the Principal shall well and truly perform and fulfill all of the covenants, terms and :k 1 conditions of the said Agreement, then this obligation shall be null and void, otherwise to remain in full I. k force and effect. v, f. � No right of action shall accrue on this bond to or for the use of any person, firm or corporation other than the t4 Obligee named herein. a'� F A consent of Surety shall be required for any extension of time to complete said improvements. q SIGNED and SEALED this day of ry; C"IM Q GENERAL INSURANCE COMPANY OF AMERICA T�IM��AreG�/!N �!6Ycc7ti�Alc�i'T �C. C. B ` ,r, -r 4&4 D—CJ:E! V' iI• Jr. Attorney -in -Fact 1 `'. T— MAIMIMISOM4t* ; uW Am*"", Calleown" f04Ii Principal Address S-621 2/65 p art; scam M TRIFLPCATR Bond No. 54581+ PVMIM X708.80 Subdivision Improvement Bond Faithful Performance (California) KNOW ALL MEN BY THESE, PRESENTS: That QWZW CA0,1020M as Principal and the General Insurance Company of America, a Corporation organized and existing under the laws of the State of Washington and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto Q aiM )IBIII C1TT in the sum of omm =Nam 1m owum Dollars (S 78,8R8.8D for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. ` THE CONDITION OF THIS OBLIGATION IS SUCH, That Whereas, the Principal entered into a certain Agree - mens or Contract with the Obligee, dated the day of , 191 wherein the Principal has agreed to complete the following improvements: sex4ft lwift in Tea" J4. 5%7 as more fully set forth in said Agreement. xx NOW, THEREFORE, if the Principal shall well and truly perform and fulfill all of the covenants, terms and :k 1 conditions of the said Agreement, then this obligation shall be null and void, otherwise to remain in full I. k force and effect. v, f. � No right of action shall accrue on this bond to or for the use of any person, firm or corporation other than the t4 Obligee named herein. a'� F A consent of Surety shall be required for any extension of time to complete said improvements. q SIGNED and SEALED this day of ry; C"IM Q GENERAL INSURANCE COMPANY OF AMERICA T�IM��AreG�/!N �!6Ycc7ti�Alc�i'T �C. C. B ` ,r, -r 4&4 D—CJ:E! V' iI• Jr. Attorney -in -Fact 1 `'. T— MAIMIMISOM4t* ; uW Am*"", Calleown" f04Ii Principal Address S-621 2/65 ACKNOWLEDGMENT BY SURETY STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On this 23th da of Ottobw before me per sonally appeared — Ttt • , known to me to be the attorney-in-fact ".''•o, I&I'evoration that executed the within instrument, and acknowledged to me chat such corporation ekecuied Arft same. IN %;v*N$SS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaM bounty, the day and year in this certificate first above written. Notary Public in the State of California County of Los Angeles 5760 R1 6/65 hSv Con 16, 1957 Ota t rs:.s „§vtpp' �dt f tt`R p a>: fix (8t gsq k»x 4,. tIp 4 fit". f1" �Ik Af 3 f! Q4esdsi s o rtrn &m o 224!m Subdivision Improvement Bond Labor and Material (California) 4R C6$ sini+a.k a �R Bt @��$a$ax �ffi ta.ax A§m 4At9P A e lkixsir+..p#�f. "The• Premium rh^rged for fh;. Ral:d it ii,:,s,•d is i7 :It I on tite Pe;-imnaauce Bond No. !AW14 KNOW ALL MEN BY THESE PRESENTS: That 9910dlrl as Principal, and the General Insurance Company of America, a Corporation organized and existing under the laws of the State of Washington and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto am ar MV J� CAPI/TYMIk for the use and benefit of any and all persons entitled to file claim under Section 11612, Business and Pro- fessions Code of the State of California, in the sum of am= ISASALri. Mi 1100 ... _ Dollars (S 3SAMOR ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS .SUCH, That Whereas, the Principal entered into a certain Agreement or Contract with the Obligee, dated the y4iII [sday of t$' ° men: 19_, wherein the Principal has agreed to complete the following improve - $two" ftVU4 to '[mt >~. $947 as more fully set forth in said agreement. NOW, THEREFORE, if the Principal shall pay Contractor, his subcontractors, and persons renting equipment or furnishing labor and materials to them for the improvement then this obligation shall be null and void; otherwise, to remain in full force and effect. ikic The Aggregate liability of the Surety for any and all claims hereunder shall in no event exceed the sum I a §i ,� specified in this bond. x4•L ,F,°'± Time for filing suit on this bond shall be limited to six (6) months from date of completion of said improve- 't,gi aka ments as "completion" is defined under applicable sections of Code of Civil Procedure of California. Wool IN SIGNED and SEALED this 231h day of ObtebW 19 —64 T?I.W4Weu/fA QE'Y,FIo%MEAY CO• Principal 5-822 2/65 Fniw*ro IN U.S.A. GENERAL INSURANCE COMPANY OF AMERICA P J!. Attorney -in -Fact Wib t Loo Amolw* Cm10m mis 00036 ACKNOWLEDGMENT BY SURETY STATE OF CALIFORNIA SS. COUNTY OF LOS ANGELES On this utb da of 04tebw ins before me per- sonally appeared�i� He �i�1Ct• J=• , known to me to be the attorney -in -face of the .corporation that executed the within instrument, and acknowledged to me that such corporation executed'tbe same. J IN WIT'%SS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesn!'4 County, the day and year in this certificate first above iuen. Notary Public in the State of California County of Los Angeles „I� 7W R1 6/65 "" t I6, 1967