1984-0904_CHAZAN DEVELOPMENT CO_Development AgreementEXEMPT 84-398241
C8
RECORDING REQUESTED BY AND REOEIYED RECORDING FEES EXEMPT DUE TO
WHEN RECORDED RETURN TO: GOVERNMENT CODE SECTION 6103
City of San Juan CapistQMA 1149 AM X84
Office of the City Clerk
32400 Paseo Adelanto CITY CLERK
RTMFNt City Clerk
San Juan Capistrano, CA 92%7100F SAH RY OV
JIJAM CAf';5 4 tat San Jua Capistrano, California
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY CALIFORNIA
-12 H PM SEP 25'84
"CORDER
R E
EH'
GREEMENT, made pursuant to the provisions of
Division 2 of Title 7 of the Government Code of the State of
California, by and between the City of San Juan Capistrano,
Municipal Corporation, hereinafter called the "CITY" and
PROJECT Parcel Map 84-865
DEVELOPMENT AGREEMENT
CHAZAN DEVELOPMENT COMPANY
whose mailing address is: CIO San Juan Limited
431 N. Brand Boulevard, Suite 101
Glendale, California 91203
hereinafter called the "DEVELOPER".
W I T N E S S E T H:
WHEREAS, the CITY has conditionally approved
P.M. 84-865 ; and
a
WHEREAS, DEVELOPER desires to postpone the installation
of the public and/or private improvements for P.M. 84-865
until after the CITY's acceptance of the project; and
WHEREAS, in consideration of the CITY's approval of the
request for postponement, DEVELOPER has agreed to provide such
security as may be required by CITY to guarantee that all improve-
ments for P.M. 865 will be installed in a timely manner.
NOW, THEREFORE, in consideration of the premises and
promises hereinafter contained CITY and DEVELOPER agree as follows:
1. DEVELOPER shall, at its sole cost and expense,
provide and furnish all labor, materials and equipment for the
installation of improvements for P.M. 84-865 shown on the
Improvement Plans and Specifications approved by the CITY; all
such plans and specifications are on file in the office of the
City Engineer and are incorporated herein by reference.
"Improvements" include: all off-site grading work; paving of all
streets, alleys and public service easements; construction of
concrete curbs, gutters, cross gutters and sidewalks; equestrian/
hiking trails; installation of storm drainage and sanitary sewerage
facilities; installation of underground conduit street lighting
system; installation of all street signs; the supplying and
! 84-398241 PR0`CT P.M. 84-865
planting of all parkway trees; the installation of all
appurtenances; the furnishing of all engineering costs and
services to do and complete said work; and to do and complete
all other acts and obligations required by the CITY as
condition of the approval of the project. The City Engineer
shall determine the estimated costs of said improvements to
be used for the security required herein.
2. DEVELOPER shall at its sole cost and expense,
provide and install all on-site and off-site water mains and
appurtenances and shall provide all labor and material to
connect the same to existing mains and facilities of Orange
County Waterworks District #4, in accordance with all of the
recuirements of said District.
3. DEVELOPER agrees to pay all applicable fees
imposed by CITY's ordinance and resolutions as conditions of
approval of P.M. 84-865 and the improvements therefor.
4. DEVELOPER shall provide the following surety, all
of which shall meet the requirements of Chapter 5, Division 2,
Title 7 of the Government Code: (a) a faithful performance
surety in an amount equal to the total estimated cost of work
for improvements not to be dedicated to the CITY but inspected
by CITY personnel; (b) a faithful performance surety equal to
the total estimated cost of work and improvements to be dedicated
to the CITY; (c) a labor and materials surety equal to the total
estimated cost of work and improvements to be dedicated to the
CITY securing payment to the contractor, any sub -contractors
and persons providing equipment, labor and/or materials for
and/or account of such improvements.
5. 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 improvements
which do no exceed ten percent (10%) of the total estimated
cost set forth in paragraph 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 DEVELOPER from the faithful performance of this
agreement.
6. DEVELOPER agrees to complete all of said work and
improvement and to pay all costs specified herein within a period
of 365 days from the date of this agreement. If additional
time is needed an extension may be granted by the City Engineer
on the showing of good cause. Any such extension shall, however,
be subject to all of the terms and conditions of this agreement,
and any surety or other security shall continue in full force and
effect until the work and improvement has been accepted by the
CITY.
-2-
9 84-398241 0
PROJECT: P.M. 84-865
7. DEVELOPER agrees that CITY may, without any notice,
and at its sole option, at any time after the time for completion
has passed, complete, or cause to be completed, all or any
part of the said work, and DEVELOPER shall pay to said CITY,
upon demand, all of the cost of any of said work done by the
CITY, its agents and contractors, or any of them, to complete
all or any part of said work.
8. DEVELOPER 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 inter-
pret the obligations of this instrument, and such sum shall
be made a part of any judgment in such action against the DEVELOPER
if such action is determined in favor of the said CITY.
9. 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.
10. DEVELOPER shall perform all work in a safe workman-
like manner and shall take such precautions as may be necessary
to warn and protect the public from any dangerous condition
caused by the construction of said improvements.
11. DEVELOPER shall hold CITY, its officers and employees
harmless from any and all claims, demands, causes of action,
liability or loss of any sort because of, or arising out of,
the acts or omissions of the DEVELOPER, his contractor, sub-
contractors, agents or employees in the performance of this
agreement.
IN WITNESS WHEREOF, the parties have executed this agreement
as of September 4, 1984
date
-3-
ATTEST:
84-398241 0
PROJECT P.M. 84-865
CITY OF SAN JUAN CAPISTRANO
G RY L. HAUSDORFER, MAYOR
v
By
APPROVED AS TO FORM:
&IMES S. OKAZAKI, vity Attorney
'_m
CriAZAN DEVELOPMENT COMPAriY
r
STATE OF CALIFORNIA
COUNTY OF t OS AN( F.I FS
OFFICIAL SEAL
" - NANCY L HEITRITTER
a • 'PFl NOTARY PUBLIC - CALIFORNIA
+�.y LOS ANGELES COUNTY
My comm. expires AUG 3, 1981
ACKNOWLEDGMENT—General—Wolcae3 Farm 233CA—Rev. 5-82
CORPORATE ACKNOWLEDGMENT
State of C'a 1 i forn; a
ss.
I
County of Orange
OFFICIAL SEAL
MARY ANN HANOVER
m NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
My comm. expires APR 20, 1988
State of California
County of
Orange
ElgmOFFILCIAL SEAL
MARY A CARLSON
NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY
My comm. expires JAI 5, 2988
SS.
39x`.•'41
On this 24th day of August , in the year 19_3A
before me, the undersigned, a Notary Public in and for said State, personally appeared
Gerald J. Chazan
personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person_ whose name_
subscribed to the within instrument, and acknowledged to me that _he_
executed it.
WITNESS my hand and official seal.
Nola ublic in and for said State.
NO, 202
On this the 4th day of September 19-114 before me,
Ann Hanover
the undersigned Notary Public, personally appeared
Gary L. Hausdorfer
l[X personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrumenbfflnicippal
Mayor or on behalf of the 6r0oration therein
named, and acknowledged to me that the,6orporaFonpexecuted it.
WITNESS my hand and official seal. /f
On this the 5th day of September 198—A, before me,
Mary A. Carlson
the undersigned Notary Public, personally appeared
Mary Ann Hanover
IX personally known tome
❑ proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument as
City ClerkmuniQitt331
or on beplfR18eAr�oratlorfiherein
named, and acknowledged to me that the./corporation executed it.
WITNESS my hand and official seal.
0 ! c�114 ,y4) ZdL60r 60
RECEIVED
STOP NOTICE - PUBLIC WORK
SEP
TO: THE CITY OF SAN JUAN CAPISTRANO, A MUNICIPAL CORPORATION, ,i&U To 1'
SAN JUAN REDEVELOPMENT AGENCY, A PUBLIC BODY, CORPORATE AND POLITICL.
PLEASE TAKE NOTICE that Lynch Construction, Inc. and John T. Lynch
Construction Company, a joint venture, the undersigned, whose address is:
15561 Product Lane, Huntington Beach, California 92649, has performed labor
and services and has furnished material and equipment for and to: San Juan
Capistrano, Ltd., a California limited partnership and to its predecessor in
interest, San Juan, Ltd., a California limited partnership, and to Chazan
Development Company and Gerald J. Chazan, Inc. used in the public work of
improvement consisting of the construction of improvements for P.M. 84-865
as set out in the "Development Agreement" between Chazan Development Company
c/o San Juan, Ltd. and the City of San Juan Capistrano, dated September 4, 1984
and recorded as Document No. 84-398241 in the Official Records of Orange County
on September 25, 1984, and related changes.
The reasonable value of the labor, services, materials and equipment
being the whole of such labor, services, materials and equipment agreed to be
performed and furnished is $ 241,000.00 , of which the sum of $ 95,946.00
plus interest thereon at the maximum legal rate from September 12, 1986 has
not been paid after deduction of all just credits and offsets. The amount
of labor, services, materials and equipment already performed and furnished
is $ 241,000.00
THEREFORE, the undersigned hereby requests and demands that you withhold
sufficient funds to satisfy this claim as required under Section 3186 of the
Civil Code relating to stop notices for Public Works.
Dated: September 12, 1986 LYNCH CONSTRUCTION, INC. AND JOHN T. LYNCH
CONSTRUCTION COMPANY, A JOINT VENTURE
i
�14Z,
T. LYNCH Authorized Agent
I, JOHN T. LYNCH, declare that I am the authorized agent of LYNCH
CONSTRUCTION, INC., A JOINT VENTURE. I further declare that said joint venture
is the claimant in the foregoing stop notice. I have read the above stop notice
and know the contents thereof. It is true and contains, among other things, a
correct statement of the joint venture's demand. I declare under penalty
that the foregoing is true 4nd correct and that this declaration was executed
on September 12, 1986 at Huntington Beach, California.
i
HN
T.
LY
CH
0
November 24, 1986
MEMBERS OF THE CITY COUNCIL
ANTHONY L BLAND
LAWRENCE F. BUCHHEIM
KENNETH E. FRI ESS
GARY L. HAUSDORFER
PHl1LIP R. SCHWARTZE
CITY MANAGER
STEPHEN B JULIAN
Mr. Gerald J. Chazan
431 North Brand Boulevard, #101
Glendale, California 91203
Re: Release of Bond - Parcel Map 84-865 (Las Hadas)
Dear Mr. Chazan:
I have been advised by the Building and Safety Division that Transamerica Insurance
Services Bond No. 5240-90-29, dated May 2, 1986, in the amount of $43,000 for grading
and other site improvements has been released effective this date, November 24, 1986.
A copy is enclosed for your information.
Very truly yours,
aANN gNOVER CMC
City Clerk
MAH/dms
Enclosure
cc: Director of Community Planning & Development
Transamerica Insurance Company
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
0 0
7.. APPROVAL OF PARCEL MAP 84-865 (LAS HADAS) (38-#580)
{38) As set forth in the report dated September 4, 1984, from the
(85) Director of Public Works, Parcel Map 84-865 (Las Hadas) was
approved with the determination that said map was consistent
with the General Plan of the City and in compliance with
the General Plan of the City and in compliance with the
provisions of the State Subdivision Map Act. The Mayor and
City Clerk were authorized to execute the Development
Agreement between the City and Chazan Development Company;
the City Clerk was directed to forward the agreement to the
Orange County Recorder, pending receipt of surety.
914) � O
AGENDA ITEM
T0: S. B
FROM: W. D
0
Julian, City Manager
0
September 4, 1984
Murphy, Director of Public Works
SUBJECT: Parcel Map 84-865, Del Obispo Street (Las Hadas)
SITUATION:
Parcel Map 84-865 has been reviewed and checked by the Engineering
Division Staff and is ready for City Council approval. The subject
map has been found to be technically correct and in conformance
with Article 2, Chapter 2 of the Subdivision Map Act. In addition,
the developer will enter into an agreement with the Community Re-
development Agency for the acquisition and improvement of a portion
of the Paseo Adelanto north of Del Obispo Street at the CRA meeting
of September 4th. Attached is a guide for City Council review of
the subject map and a location map.
COMMISSION/BOARD REVIEW AND RECOMMENDATION:
Not applicable
FINANCIAL CONSIDERATIONS:
All required fees have been paid and required surety posted.
ALTERNATE ACTIONS:
1. Approve Parcel Map 84-865.
2. Do not approve Parcel Map 84-865.
3. Request further information from Staff.
---------------------------------------------------------------
---------------------------------------------------------------
RECOMMENDATION:
By motion, approve Parcel Map 84-865 (Las Hadas) by determining
that said map is consistent with the General Plan of the City and
in compliance with the provisions of the State Subdivision Map
Act. Further, direct the Mayor and City Clerk to execute the
improvement agreement for Parcel Map 84-865 and direct the City
Clerk to record the agreement with the Orange County Recorder.
---------------------------------------------------------------
---------------------------------------------------------------
Res{p�ectfully submitted,
W
W. urphy
WDM/CMB:ol
attachments FOR QITY WUNCN. AGENDA .... 7
CITY COUNCIL GUIDELINES FOR
PARCEL AND FINAL MAP REVIEWS
This guideline is intended to provide the City Council with infor-
mation to assist in reviewing Parcel and Final Maps. The specific
items enumerated herein are required by the Subdivision Map Act
and the Land Use Management Code.
Council shall make the following determination in approving a
Parcel Map or Final Map:
1. The Final Map or Parcel Map is consistent with the General
Plan.
2. The Final Map or Parcel Map is in substantial compliance
with the approved Tentative Map or Tentative Parcel Map.
Council shall deny a Parcel Map or Final Map if it does not
conform to any of the following:
1. The proposed map is consistent with the General Plan.
2. The design or improvement of the proposed subdivision is
consistent with the General Plan.
3. The site is physically suitable for the type of development.
4. The site is physically suitable for the proposed density of
development.
5. The design of the subdivision or the proposed improvements
are not likely to cause substantial environmental damage nor
substantially and avoidably injure fish or wildlife or their
habitat.
6. The design of the subdivision or the type of improvements is
not likely to cause serious public health problems.
7. The design of the subdivision or the type of improvements will
not conflict with easements, acquired by the public at large,
for access through or use of, property within the proposed
subdivision.
CM pR
GM
n 'oy 2R9 r
/ EL
y .Y"v1
ES
CT
R5 r I
''DS
y ES '� an ;�
IP& 41
IP� M
raft 1 a 'E(
130 EL • / RM
EL
MHFt
�� •���. WSJ/.,",,-'`r,� a��„ ,�
Illy
OR
IFIP - %:y I.
ftS n�p
� �+ p f �%r, ��� ' � i � i � x„10".i �,7 ' �t.•
PC
[COV 01-1/
r.
CM —
/ A
.f • Y, r l + • .',ate— )%,. ; ,
PERFORMANCE BOND RECEIVED
KNOW ALL MEN BY THESE PRESENTS:
ERY
BOND NO
lq� PREMIUM
CHAZAN DEVELOPMENT
That � .._ �'.:..�
5240-90-29
$645.00
as Principal, hereinafter called DEVELOPER, and TRANSAMERICA INSURANCR
COMPANY , as Surety, hereinafter called SURETY, are held and
firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called
CITY, in the amount Of FORTY—THREE THOUSAND AND nn/inn *************Dollars
for payment whereof Developer and Surety bind themselves, their heirs, executors,
administrators, successors, and assigns, jointly and severally, fairly by these
presents.
WHEREAS, Developer is required to construct certain improvements
pursuant to the San Juan Capistrano Municipal Code, said improvements more
particularly described as: GRADING AND OTHER SITE IMPROVEMENTS PER PLANS
BY C.L.C. ENGINEERING ON PROPERTY DESCRIBED IN ASSESSOR'S PARCEL
NOS. 121. 160-25.34 AND 35 AT 26621 AND 26661 DEL OBISPO
which contract is by reference made a part hereof,
NOW, THEREFORE, the condition of this obligation is such that, if
Developer shall promptly and faithfully perform said improvements, then the
obligation shall be null and void; otherwise it shall remain in full force and
effect. Surety waives whatever legal right it may have to require that a demand
be made first against the principal in the event of default.
BE IT FURTHER RESOLVED, that:
1. As a part of the obligation secured hereby, and in addition to
the face amount specified therefore, there shall be included costs and reasonable
expenses and fees, including reasonable attorney's fees, incurred by City and
successfully enforcing such obligation, all to be taxed as costs and included
in any judgement rendered.
2. Said Surety for value received, hereby stipulates and agrees
that no change, extension of time, alteration, or modification of the contract
documents or of the work to be performed thereunder, shall in any way affect
THE STATE OF CALIFORNIA
COUNTY OF Los Angeles SS.
On this 2nd day of May in the year 1985
before me na t r; o; a Haran , a Notary Public in and for
the said County and State residing there' d I com issioned and sworn, personally appeared
14i 11 i am �: an Hooy personally known to me (or proved to me
on the basis of satisfactory evidence) to be the duly authorized Attomey-in-Fact of the TRANSAMERICA INSURANCE
COMPANY the corporation whose name is affixed to the foregoing instrument; and duly acknowledged to me that he
(she) subscribed the name of the TRANSAMERICA INSURANCE COMPANY thereto as Surety and his (her) own name
as Attomey-in-Fact.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate
first above written
,....i ItAN.........
l L 5 ♦ C:.:. J `l In NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE
;f ALIFOI:NYA`y k`fiFf49rr+Id(�t� ATTO Rihf EY IN FACT
N TARy pCKN W EpG1EMENT) 11-82
My Cofl(m�sslon Expires IPprI�18, 7eSti ,
10 999 C ��\
(Corporation) \i+7
STATE OF CALIFORNIA
COUNTY OF
Los Angeles ? SS.
/
On May 2, 1985 before me, the undersigned, a Notary Public in and for said
State, personally appeared GARY F. CHAZAN
la known to me to be the President,Xnebvvvvvvvvvxv x xvxvvvxx
rc
m 10IH99Ct EXKXW.M at'erift)tof the corporation that executed the within Instrument,
= known to me to be the persons who executed the within
W
a Instrument on behalf of the corporation therein named, and
acknowledged to we that such corporation executed the within
m instrument pursuant to its by-laws or a resolution of its board
in of directors - _
WITNESS my hand and official seal OFRIClAL SF.At.
I ( INANCY L HEITRITTE
'� R !I
.� NOTARY PUBLIC - CALIFDUNIA %
Signature i� ''I"( t" 1� i`"� ' i "�@''r� LOS ANGELES COU4TY
My comm. expires AUG 3, 1987
Nancy L, tieitritter
Name (Typed or Printed
(This area for official notarial real)
its obligations orfthis bond, and it does hereby waive notice of any such
change, extension of time, alterations, or modifications of the contract
documents or of work to be performed thereunder.
Executed this 2ND day of MAY
at GLENDALE , California.
By:
, 19 85 ,
CHAZAN DEVELOPMENT COMPANY
PRINCIPAL
(NOTARIZATION)
SURETY TRANSAMERICA INSURANCE COMPANY
WILLIAM C. VAN ROOY, ATTORNEY- -FACT
(NOTARIZATION AND SEAL)
W,nj ect Parrel Mao 84-865
d No. 5240-84-75
Premium: . $3,456.00
PUBLIC
BOND FOR IMPROVEMENTS
(FAITHFUL PERFORMANCE)
WHEREAS, the City Council of the City of San Juan Capistrano, State
of California, and Chazan Development Company ,
whose mailing address is 431 No Brand 81vd. sre lnl Glendale. CA 91203 .
hereinafter designated as Principal, have entered into an agreement
whereby Principal agrees'to install and complete certain designated
improvements, which said agreement dated ,
19 , and identified as (Subdivision Agreement for )
(ProjectParcel Mao No. 84-865 ) is hereby. referred to and made a
part hereof; and
WHEREAS, Said Principal is required under the terms of said agreement,
to furnish a bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the Principal, and Transamerica Insurance Company,
, whose mailing address is 695 Town Center Dr.,
Costa Mesa .A 92626 , as Surety, are held and firmly bound
unto the City of San Juan Capistrano, hereinafter called City, in
the penal sum of 916 *****,dollars ($192,000.00 -" >'><*')
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 their part, to be kept and performed at the
time and in the manner therein specified, and in all respects
according to their tune 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.
As 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 anv iudament rendered.
THE STATE OF CALIFORNIA
COUNTY OF
Los Angeles
} SS.
On this 7th day of September in the year 1984
before me Pat r'r i a NA rAn , a Notary Public in and for
the said County and State, residing therein, duly commissioned and sworn, personally appeared
T L n I I ough I a n personally known to me (or proved to me
on the basis of satisfactory evidence) to be the duly authorized Attorney -in -Fact of the TRANSAMERICA INSURANCE
COMPANY the corporation whose name is affixed to the foregoing instrument; and duly acknowledged to me that he
(she) subscribed the name of the TRANSAMERICA INSURANCE COMPANY thereto as Surety and his (her) own name
as Attomey-in-Fact.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate
PATRICIA HARAN
NUiAOi PUBIC
ia 5'r;L.0 OF CALIFORNIA
-R P�.1;1p�p- GlFICE IN
LOS ANGELES COUNTY
CALIFORNIA JURAT—FOR ATTOR
CO V*d"R `E xpUKN Qyf U EM P W 8%N T )
IN FACT
NOTARY PUBLIC IN AND FOR 5 COUNTY qND STATE
11-82
TO 449 C O
(Corporation)
STATE OF CALIFORNIA
COUNTY OF
Los Angeles SS.
On AU9USt 7 1984 before me, the undersigned, a Notary Public in and for said
State, personally appeared Gerald J. Chazan
m known to me to be the Vice President, and ,
a
w known to me to be Secretary of the corporation that executed the within Instrument,
z known to me to be the persons who executed the within
Instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the within
f
�
instrument pursuant to its by4xws or a resolution of its board
of directors. =f&NANCY
WITNESS my hand and official seal. CIAL SEA)'_.
L HEITRITTER
YUC • CAI-tFORNIA
Signature �NGELES COUNiY
, expires AUG 3, 1987
Nancy L. Heitritter
Name (Typed or Printed)
(Thi. area for aNI6.1 notarial asap
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 September 7 19 84
PRINCIPAL SURETY
Chazan Development Company Transamerica Insurance Company
BY
Address of Subdivider:
' {t
C
BM
■—
T. L. O'Loughlinattorney-in-Fact
/ NOTE: Acknowledgments of execution of Principal and Surety must
be attached.
-2-
P ' jeet Parcel Map 84-865
d No.5240-84-75
PUBLIC
BOND FOR IMPROVEMENTS
(LABOR AND MATERIALS)
WHEREAS, the City Council of the City of San Juan Capistrano, State
of California, and Chazan Development Company,
whose mailing address is 431 No. Brand Blvd., Ste 101. rlenrlate rn oi�nz
hereinafter designated as Principal, have entered into an agreement
whereby Principal agrees to install and complete certain designated
improvements, which said agreement dated ,
19 , and identified as (Subdivision Agreement for )
(Project Parcel Map 84-865 ) is hereby referred to and made a
part hereof; and
WHEREAS, Said Principal is required under the terms of said agreement,
to furnish a bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the
Principal, and Transamerica Insurance Company
whose mailing address is 695 Town Center
m
as Surety, are held and firy bound
unto the amity or ban Juan Capistrano, hereinafter called City, in
e Hun red Nin t two
the penal sum of san n dollars ($ :•••.•.•.•.•)
P d �1K9
lawful money of the United States, for the payment o wha.c 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 their part, to be kept and performed at the
time and in the manner therein specified, and in all respects
according to their tune 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.
As 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 STATE OF CALIFORNIA
COUNTY OF Los Angeles SS.
On this 7th day of September in the year 1984
bef are me Patricia Baran , a Notary Public in and for
the said County and State, residing therein, duly commissioned and sworn, personally appeared
T. 1. o' i ntigh 1 i n personally known to me (or proved to me
on the basis of satisfactory evidence) to be the duly authorized Attorney -in -Fact of the TRANSAMERICA INSURANCE
COMPANY the corporation whose name is affixed to the foregoing instrument; and duly acknowledged to me that he
(she) subscribed the name of the TRANSAMERICA INSURANCE COMPANY thereto as Surety and his (her) own name
as Attorney -in -Fact.
IN WITNESS WHEREO F, I have hereunto set my hand and affixed my official seal the day and year in this certificate
PATRICIA FI.ARAN
NOTARY PUBLIC
OF CALI.ORNiA
r_.. .:.::CE IN
IN FACT
C0 %jiX-/jfFa NDW,LEDGEMENT)
I ax Apn1 19: 1986
TO 449 C
(Corporation)
1� X;5<5< f
NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE
O
STATE OF CALIFORNIA
COUNTY OF
Los Angeles } SS.
On August 7, 1984 before me, the undersigned, a Notary Public in and for said
State, personally appeared Gerald J. Chazan
known to me to be the V1Ce _ President, and
known to me to be Secretary of the
known to me to be the persons who executed the within
instrument on behalf of the corporation therein 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.
Signature-
Nancy
ignature Nancy L. He�tritter
Name (Typed or Printed)
corporation that executed the within Instrument,
(This area for official notarial teal)
11-82
L SEALEITRITTERRM
-CAI fFORN1AES
CWN7Yires AU8 3, 1987
(This area for official notarial teal)
11-82
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 September 7 , 1984.
PRINCIPAL
Chazan Development Company
BY
a
t•
Address of Subdivider:
SURETY
Transamerica Insurance Company
•
BY ..�
T. L. O'Loughlin Attorney -in -Fact
NOTE: Acknowledgments of execution of Principal and Surety must
be attached.
-2-
MEMORANDUM September 28, 1984
TO: Cathleen DuCoing, Records Coordinator
FROM: C. M. Bryant, Engineering Assistant
SUBJECT: Surety; Parcel Map 84-865
I previously forwarded to you the following sureties for
Parcel Map 84-865. The sureties cover only the public
improvements associated with the project and contain no
expiration dates.
Surety No. Company Amount Purpose
Bond 5240-84-75 Transamerica $192,000 Labor & Materials
Bond 5240-84-75 " $192,000 Faithful Performance
If you have any questions let me know and thank you for your
notand cooperation.
not
CMB/rem
h
E�
SAN
aVAIN
JPOST
9
0P �Y'I0
MSTRA-��CA9-�Lk�01llf192673
4&M 17 . i
September 12, 1984
Mr. Gerald J. Chazan
431 North Brand Boulevard, #101
Glendale, California 91203
Re: Development Agreement - Las Hadas
Dear Mr. Chazan:
r �i
At their meeting of September 4, 1984, the City Council
approved the Development Agreement between the City and Chazan
Development Company. The Agreement has been forwarded to the
County Recorder. A copy of the Agreement is enclosed for your
records.
At their respective meeting the same evening, the
Community Redevelopment Agency approved the Owner Participation
Agreement between you and the Agency. A copy of that agreement
is enclosed for your records. The Agency also took action to
authorize the Executive Director to open escrow for the
Oyharzabal property.
Thank you for your cooperation.
Very truly yours,
MARY ANN OVER,
City Clerk
MAH/mac
Enclosures
cc: Director of Public Works Howard Shephard
Director of Community Planning Tom Clark
and Development Carmen Oyharzabal
Tim Blied
9 0
MEMORANDUM
TO: Mary Carlson, Deputy City Clerk
FROM: Lee Choitz, Permit Services Superviso
SUBJECT: Las Hadas Bond NO.5240 90 29
November 18, 1986
Please be advised that Transamerica Insurance Services Bond NO. 5240 90 29 in the
amount of $43,000. for grading and other site improvements is no longer required
Chazan Development has completed the work for the project and the building has
received it's final Certificate of Occupancy.
Therefore, Transamerica Insurance Services Bond NO. 5240 90 29 dated May 2, 1986Nmay
now be exonerated.
LC:HM
AM
SAN J
September 12, 1984
Mr. Gerald J. Chazan
431 North Brand Boulevard, #101
Glendale, California 91203
Re: Development Agreement - Las Hadas
Dear Mr. Chazan:
At their meeting of September 4, 1984, the City Council
approved the Development Agreement between the City and Chazan
Development Company. The Agreement has been forwarded to the
County Recorder. A copy of the Agreement is enclosed for your
records.
At their respective meeting the same evening, the
Community Redevelopment Agency approved the Owner Participation
Agreement between you and the Agency. A copy of that agreement
is enclosed for your records. The Agency also took action to
authorize the Executive Director to open escrow for the
oyharzabal property.
Thank you for your cooperation.
Very truly=OVER�,CMC yours,
MARY ANN
City Clerk
MAH/mac
Enclosures
CC: Director of Public Works Howard Shephard
Director of Community Planning Tom Clark
and Development Carmen Oyharzabal
Tim Blied