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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