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1977-1116_MEB INVESTMENTS_Subdivision Agreement249 18 EXE0ViPT RECEIVE dC2 RECORDED AT THE 4VATIF4 PM IN AND RETURN TO: CIT'{ OF City of San Juan CapLA, Pi Office of the City c) ]r'k� tt ' 32400 Paseo Adelanto San Juan Capistrano, CA 92675 )ED IN OFFICIAL RECORDS 4NGE COUT'ITY, CALIFORNIA 5 M'°' 4 P.M.AUG2019 0 PM LEE A. BRANCH, County Recorder RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 6103 8 C0 C51 Mary Ananov"r, City Clerk V City o San Juan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the agreement between the City of San Juan Capistrano, California, and MEB Investments, P. O. Box 7506, Newport Beach, California, 92660, subdivider of Division of Land 77-6 requires the subdivider to complete the following work to wit: CONSTRUCTION OF PUBLIC IMPROVEMENTS IN CONJUNCTION WITH DIVISION OF LAND 77-6 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 6th day of August 1980, by Resolution No. 80-8-6-5 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 7th day of August , 1980. Mary Ann/ anover, 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 7th day of August , 1980. (SEAL) ,) Mary Ann nover, City Clerk of San Juan Capistrano hereinafter called the "Subdivider." WITNESSETH: THAT, WHEREAS, Subdivider has of the City, a tentative parcel. map as D.L. 77-6 which has been Council, and filed with the Planning Commission for a proposed subdivision, known conditionally approved by the City WHEREAS, Subdivider desires to postpone the public and private improvements required as a condition of approval of said tentative parcel map until a time subsequent to the acceptance and recordation of the parcel map of said subdivision, by entering into an agreement and providing the improvement security required to assure the furnishing and installation of said improvements within the time herein provided. NOW, THEREFORE, in consideration of the premises and the approval of the parcel map of said subdivision and the postponement of the time to install such improvements, and to satisfy the said condition of the approval of the said tentative parcel map, the Subdivider hereby undertakes, promises and agrees as follows: 1. Subdivider will, at 1•'_s (its) own cost and expense, improve said D.L. by doing all work a.nd 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 starin drainage and sanitary sewerage facilities, installation of underground conduit street .lighting system, the installation of 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 complete said work, and to do and complete all other acts and obligations required by the City as condition of the approval of the tentative subdivision. For purposes of this agreement, the City Engineer shall determine the estimated costs of said improvements to be used for Surety devices as required herein. 2. Subdivider will, at his (its) own cost and expense, prcvide and install all on -sites ane oil -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. Subdivider agrees to pay all applicable fees assigned by City. For purposes of this agreement, applicable fees shall be defined as all fees that may be legally assessed throalh City's ordinances and resolu- tions as conditions of approving subdivider's subdivision and proposed improvements. -1- 39, 12470K 143 RECORDING REQUESTED BY RECORDING FEE EXEMPT DUE TO WHEN RECORDED, RETURN T 409 GOVERNMENT CCW SECTION 6103 City of San Juan Capistran 1 office of the City Clerk EXEMPT 2s �� 32400 Paseo Adelanto C 9 MARY ANN NOVER, City Clerk San Juan Capistrano, CA 92 5 San Juan Xapistrano, California RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA ).L. No. 77-6 9:05 A.M. NOV 28 1977 SUBDIVISION AGREEMENT J. WYLIE CARLYLE, County necorder o rt .T. , made ptrt,,.F_nt to the provisions of Division 2 of 'Pine 7 of the Government Code of the Stat,= of California, by a:'d between the CITY OF SAN JUAN CAPISTRANO, a Municipal Corporation \ hereinafter called the "City" and ROWE SANDERSON, III AND SUSAN L. SANDERSON whose mailing address is 32092 Via Alicia, San Juan Capistrano, CA hereinafter called the "Subdivider." WITNESSETH: THAT, WHEREAS, Subdivider has of the City, a tentative parcel. map as D.L. 77-6 which has been Council, and filed with the Planning Commission for a proposed subdivision, known conditionally approved by the City WHEREAS, Subdivider desires to postpone the public and private improvements required as a condition of approval of said tentative parcel map until a time subsequent to the acceptance and recordation of the parcel map of said subdivision, by entering into an agreement and providing the improvement security required to assure the furnishing and installation of said improvements within the time herein provided. NOW, THEREFORE, in consideration of the premises and the approval of the parcel map of said subdivision and the postponement of the time to install such improvements, and to satisfy the said condition of the approval of the said tentative parcel map, the Subdivider hereby undertakes, promises and agrees as follows: 1. Subdivider will, at 1•'_s (its) own cost and expense, improve said D.L. by doing all work a.nd 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 starin drainage and sanitary sewerage facilities, installation of underground conduit street .lighting system, the installation of 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 complete said work, and to do and complete all other acts and obligations required by the City as condition of the approval of the tentative subdivision. For purposes of this agreement, the City Engineer shall determine the estimated costs of said improvements to be used for Surety devices as required herein. 2. Subdivider will, at his (its) own cost and expense, prcvide and install all on -sites ane oil -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. Subdivider agrees to pay all applicable fees assigned by City. For purposes of this agreement, applicable fees shall be defined as all fees that may be legally assessed throalh City's ordinances and resolu- tions as conditions of approving subdivider's subdivision and proposed improvements. -1- B� 12470PG IU 4. Subdivider shall furnish one good and sufficient bond in accordance with the provisions of Chapter 5 of Division 2 of Title 7 of the Government Code, said bond shall be in an amount equal to the total estimated cost of work and improvements not to be dedicated to City but inspected by City personnel. Said bond shall be c-nditioned upon faithful performance of this agreement. 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, and (b) an additional 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 complete 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 improvement to be done under this agreement, said extension 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. 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 sz�d 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. 10. Subdivider agrees to pal, City such sum as the Couit 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 work in a safe, workmanlike 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. 13. Subdivider 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 Subdivider, his contractor, subcontract-rs, agents or employees in the performance of this agreement. -2- H 12470PG 1,15 i.0, i:o v 77-6.-- E::ecuted at San Juan Capistrano, California this 16th day of November , 1977 FTTEST: � 71 � Capistrano City Clerk APPROVED AND RECOMMENDED FOR EXECUTION: t City Engineer RanageZ of Orange County Waterworks, District #4 SUBDIVIDER* (Office Held) CITY OF SAN JUAN CAPISTRANO By it Y N O. HECKSCHER, MAYOR ARPROVED AS TOoPO$M: C� Ci NOTE: Improvement Bond and Materialn Labor Bond must attached to this Agreement. *Partnerships, joint ventures, and other corporate entities should contact the San Juan Capistrano City Attorney for acceptable form of execution. -3- STATE OF California j Orange } ss. COUNTY Of j O"IM UAL RUTH E. MARQUARD NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY s My Commission Expires May 23, 1980 BN 12470P6 1,46 ON November 8, ,19 77, before me, the undersigned, a Notary Public in and for said State, personally appeared —S—usan anderson ander an erson III , known to me, to be the person S whose name__t3 subscribed to the within Instrument, and acknowledged to me that t he> executed the same. WITNESS my hand and official seal. +^YNdNLEDGMEHT—General—Welcetts Fane 731—Raw. 3-64 v 9 4. RESOLUTION, NOTICE OF COMPLETION AND RELEASE OF SURETY DIVISION OP LAND 77-6 (.IE3 IN�'ES'C^IEN1`S) `x(38) Written Communicz:ions: (85) Report dated August b, 1980, from the Director of Public Works, advising that the public improvements for Division of Land 77-6 have been completed and requesting release of bonds. Acceptance of Work: The following Resolution was adopted: NO. 80-8-6-5 JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS - DIVISION OF LAND 77-6 (MEB INVESTMENTS) 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 Motorists Insurance Company are released upon expiration of 35 days from the recording of the Notice of Completion: Bond Amount Labor s Material (public) $14,315 No. 7SM 171 374 Monumentation 1,000 No. 7SM 171 375 The following bond from American Motorists Insurance Company was extended to August 6, 1981: Bond Amount Faithful Performance (public) $14,315 No. 7SM 171 374 (b/(V /20 rrr;r�rJ/,rrr;r.� � 32100 PASEO ADELANTO SAN JUAN CAPISTRANO. CALIFORNIA 92675 PHONE 493.1171' 45 August 22, 1980 MEB Investments P. O. Box 7506 Newport Beach, California 92660 Re: Completion of Public Improvements - Division of Land 77-6 Gentlemen: ,v Enclosed is a copy of Resolution No. 80-8-6-5, which was adopted by the City Council at their meeting of August 6th. The Resolution accepts the work completed for the construction of public improvements in Division of Land 77-6. The Council directed that the following bonds from American Motorists Insurance Company be released upon 35 days from recording of the Notice of Completion, and copies of the bonds are enclosed for your information: Labor and Material Bond No. 7SM 171 374, in the amount of $14,315; Monumentation Bond No. 7SM 171 375, in the amount of $1,000. The Notice of Completion was recorded August 20th; therefore, the bonds may be released on September 24, 1980. The following bond from American Motorists Insurance Company was extended to August 6, 1981: Faithful Performance Bond No. 7SM 171 374, in the amount of $14,315. Very truly yours, -21��� (MRS) MARY,,'ANN HANOVER, CMC MAH/cj City Clerk Enclosure co: American Motorists Insurance Company Al Barker Bonds Director of Public Works Enclosed is a copy of Resolution No. 80-8-6-5, which was adopted by the City Council at their meeting of August 6th. The Resolution accepts the work completed for the construction of public improvements in Division of Land 77-6. The Council directed that the following bonds from American Motorists Insurance Company be released upon 35 days from recording of the Notice of Completion, and copies of the bonds are enclosed for your information: Labor and Material Bond No. 7SM 171 374, in the amount of $14,315; Monumentation Bond No. 7SM 171 375, in the amount of $1,000. The Notice of Completion was recorded August 20th; therefore, the bonds may be released on September 24, 1980. The following bond from American Motorists Insurance Company was extended to August 6, 1981: Faithful Performance Bond No. 7SM 171 374, in the amount of $14,315. Very truly yours, -21��� (MRS) MARY,,'ANN HANOVER, CMC MAH/cj City Clerk Enclosure co: American Motorists Insurance Company Al Barker Bonds Director of Public Works (- BOND FOR IMPROVEMENTS Lt*. If (LABOR AND MATERIALS) Bond No. 7SM 171 375 ract No. *Bond 77-S— WHEREAS, the City Council of the City of San Juan Capistrano, County of Orange, State of California, and MEB INVESTMENTS #23 , whose mailing address is 3723 Birch Street , Newport 13each, cailtornia 9ZbbU , hereinafter designated as Principal, have entered into an'agreement whereb Principal agrees to install and complete certain designated improvements, which said agreement dated , 19 , and identified as (Subdivision Agreement for Tract No. (Project 77-6 ) is hereby referred to and made a part hereof; and WHEREAS, Under the terms of said agreement, Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of San Juan Capistrano to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of. Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, said Principal and the undersigned as corporate Surety, are held firmly bound unto the City of San Juan Capistrano, and all con- tractors, subcontractors, laborers, materialmen and other persons'employed in the performance of the aforesaid agreement and referred to in the afore- said Code of Civil Procedure in the sum of HSE THOUSAND AND NO/100 Dollars ($ X000 00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment 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 r.iasonable expenses and fees, including reasonable attorney's fees, incurre:. 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 therein rendered. It is expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) Part 4 of Division 3 of the Civil Code, so as to give a right of action to them 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 be 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. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on oxrpmhcn u . 1977 PRINCIPAL . By Address of Subdivider; SURETY Lul �� V111. Y. � 1..� •YI•.�► NOTE; Acknolwedgements of execution by Principals and Surety must be attached. Bond must be attached to Subdivision Agreement. STATE OF CALIFORNIA COUNTY OF -0 GE SS. $, On -. NOV. 8, 1977 J m before me, the undersigned, a Notary Public in and for said County and State, personally appeared- MICHAEL BROWN to bGENERAL PARTNER — known to me of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature/'"�'o� e Name ( ype or r' ed) Notary Public in and for said Co,mty and State STATE OF CALIFORNIA I ss. COUNTY OF LOS ANGELES) ♦eeeeeoeaeoeeeoso+eeeee000eee. I wry .� IY• L L :d -01110A ♦ NO ♦ Y Loi i,st e ep',iCri •oJUVro...+•e•+see♦ eeeeeee000ec OFFICIAL SEAL "? ROSEMARY M. POWRIE NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN J ORANGE COUNTY My COMMISSIOn Expire- December a1, ,tpaa FOR NOTARY SEAL OR STAMP ON I' � J 4 1977 19— , before mega, Nota{y_ PuGodneaand for said State, personally appeared Rh 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. Public Bond No. 7SM 171 375 *Tract No. or Project 77-6 BOND FOR IMPROVEMENTS (FAITHFUL PERFORMANCE) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and MEB INVESTMENTS #23 , whose mailing address is 3723 Birch Street #23, Newport Beach, California 92660 , 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 Tract ) (Project —7�-6 ) 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 AMERICAN MOTORISTS INSURANCE COMPANY , whose mailing address is 685 Carondelet Street ralifronia 67as Surety, are held and firmly bound unto the City o San Juan Capistrano, hereinafter called City, in the penal sum ofONE THOUSAND Dollars ($ 1,000.00 ) 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 true intent and meaning, and shall indemnify an,' 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 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 i -:ay 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 i•,ITNESS V'LEREOF, this instrument has been duly executed by the principal and surety above named, on November 4 • 19Z_ - PRINCIPAL h x -a.S!Iimly SURETY AMERICAN MOTORISTS INSURANCE COMPANY (Surety Name) 8723 Birch St. #23, Newport Beach, Ca. / 685 Carondelet St. , Los Bd�geles, Ca. 90057 BY-�Lzk���a� By By torney-in-Fact) Address of Subdivider: jaoq�/edine Rhodes , NOTE App. 6 Acknowledgments of execution of Principals and Surety must be attached. Bond must be attached to Subdivision Agreement. STATE OF CALIFORNIA 1 COUNTY OF ORANGE )} SS. On NOV. 8, 1977 before me, the undersigned, a Notary Public nand for said County and State, personally appeared MIC HAE BROWN known to me to be GENERAL PARTNE$f the part era of the partnership that executed the within instrument, and ack towledged to me that such partnership executed the same. /JG Signatur/'tL' %o' a Rn SF.MARV M_ PnWRT . Name (Typed or Printed Notary Public in and for said ConnIy and State STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES) e!♦!!♦l104♦J♦♦9e'4Cile00♦e0!!♦e ♦ l NOTA ! "I hI 5 L IY • Hy COIMIDK0 -' e e♦♦♦e♦♦♦ee♦e♦e♦er++•...re♦♦ee♦ OFFICIAL SEAL ROSEMARY M. POWRIE NOTARY PUBLIC . CALIYDNNIx, PRINCIPAL OFFICE IN 114t� ORANGE COUNTY My Commission EXPIIeA D.ceMb., 16, 1980 FOR NOTARY SEAL OR STAMP ON 19 _ , before me a Notary Public in and for said State, personally appeared 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. Public . AMERICAN MOTORISTS INS ANCE COMPANY Home Office: Long Grove, IL 60049W f 7 POWER OF ATTORNEY Know All Melt 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) * * I(N** 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 ($500,000.00)•x••x••x•-x•tt�tx*�1�ttitx�ttt�t�t�r�c�ar�c>E�t�t�c�tx>Hc>E�t�t�Fxttit�tt*xx*xx>EiF>f>t�t�xst*x• 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 c ligation 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 tittle 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 jfully 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 Companyn t1viay 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 Presidentlor Secretary or any Assistant Secretary shall have power and authority to ap- point agents and attorneys in tact, and to authorize them to execute on behalf of the company, and attach the seal of the company thereto, bonds and undertakings, recotknizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such officer of the company mayTT, 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 undelrtaking 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 September , 19= Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY By C. G. Swan, Secretary H. L. Kennicott, Jr., vice President STATE OF ILLINOIS t ss COUNTY OF COOK) 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 Public CERTIFICATION I, Sven L. Johanson, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney dated S - -Pp mb -r 6, 1977 on behalf of A F Sark Pr- jangp i i nP Rhodes and Edward Simms all o 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 Isubscrt d my name and affixed the corporate seal of the American Motorists Insurance Company on this " i !y day of 19—. Sven L. Johanson, Secretary 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. rM LN PRINTED IN U.S.A. Powere, Alto of Attorney—Term Bond No. 7SM 171 374 • Tract No. 77-6 Or Project 77-6 BOND FOR IMPROVEMENTS (LABOR AND MATERIALS) WHEREAS, the City Council of the City of San Juan Capistrano, County of Orange, State of California, and MEB INVESTMENTS #23 , whose mailing address is X773 Hirpeet #23� Nport Beach�(',alifornia 92660 1 hereinafter designate9c as Principal, have entered into an'agreement whereb Principal agrees to install and complete certain designated improvements, which said agreement dated , 19 , and identified as (Subdivision Agreement for Tract No. (Project 77-6 ) is hereby referred to and made a part hereof; and WHEREAS, Under the terms of said agreement, 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 fourteen thousand three hundred fifteen Dollars ($ 14)315.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that aid 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, inladdition to the face amount thereof, costs and r.iasonable expenses and fees, including reasonable attorney's fees, incurre_. by City in successfully enfo�cing such obligation, to be awarded and fixed by the Court, and to be taxed as costs and to be included in the judgment ptherein rendered. It is expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to ,file claims under Title 15 (commencing with Section 3082) Part 4 of Division 3 of the Civil Code, so as to give a right of action to them 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 be and remain in full force and effect. r `Phe 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. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on November 4 , 19 77 PRINCIPAL SURETY MEB INVESTMENTS #23 3723/ Birch St., #23, Newport Beach Ca. By By Address of Subdivider: AMERICAN MOTORISTS INSURANCE COMPANY Surety Name) 685 Carondelet St. Los Araelps, Ca. By orney-in-Fa J u ine Rhode I NOTE: Acknolwedgements of execution by attached. Bond must be attached App. 7 Principals and Surety must be to Subdivision Agreement. STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss. ♦oo••o•0000•o•oeooee•ee••eo••. orr c nl ens K NOT v i��UE e �1 JPIJ',9 o MY ccmmi:s.ori t,:p,;z ,.'y i;, 1381Ty e ♦N•••••••loeoeJ•mc�4vaY•••••♦ ON 19 _ , before me a Notary Public in and for said State, personally appeared 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. Public AMERICAN MOTORISTS IN ANCE COMPANY Home Office: Long Grove, IL 60049 • enntl 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 •.+R**+• A. F. Barker, Jacqueline Rhodes and Edward Simms all of Los Angeles, Califor- nia (EACH)>F>Exx>E>Ei�>E>f>Fxx>t><>F**xxx>F>Eu>F>rxx>f>t>Fxx�t>*�c>Exxttxx F>fxastE*at 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 ($500,000.00)>t>F>Fxx>t>E>Fx*x>F�r>F>rxE�r>E>Ftlx>E>F**x*x*>F>F>E>E�t>E 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 tact, and to authorize them to execute on behalf of the company, and attach the seal of the company thereto, bonds and undertakings, recpgnizances, 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, this6�t1 _day of Sentember , 19=. Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY CERTIFICATION I, Sven L. Johanson, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney dated 3Prtember 6, 1977 on behalf of A F_ Sark Pr, Janqupl i ne Rhodes and Edward Simms all of Los Angeles, California (EACH)************** •1FJRiFYY.Y.Y.Y.y..tF.Jry.YY•Y•KY••YiF•YY-if•iFY-iFiF-1FiFiFYdF.1f-•Y•Y•Y•Y.14iFY--IFdb.IFdFdFAbaFY••If• 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 NOV Il -4 1977 day of 19—. Seen L. Johanson, Secretary 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 binds the Company except in the manner and to the extent herein stated. FM 836 7-76 iM PRINTED IN US.A. Power of Allomp —Term �� `i BY C. G. Swan, $ecretary H. L. Kennicott, Jr., Vice President STATE OF ILLINOIS l 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 narltes 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 p My commission expires: April 29, 1980 lean Petzold, Notary Public CERTIFICATION I, Sven L. Johanson, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney dated 3Prtember 6, 1977 on behalf of A F_ Sark Pr, Janqupl i ne Rhodes and Edward Simms all of Los Angeles, California (EACH)************** •1FJRiFYY.Y.Y.Y.y..tF.Jry.YY•Y•KY••YiF•YY-if•iFY-iFiF-1FiFiFYdF.1f-•Y•Y•Y•Y.14iFY--IFdb.IFdFdFAbaFY••If• 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 NOV Il -4 1977 day of 19—. Seen L. Johanson, Secretary 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 binds the Company except in the manner and to the extent herein stated. FM 836 7-76 iM PRINTED IN US.A. Power of Allomp —Term 0 AGENDA ITEM August 6, 1980 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Resolution, Notice of Completion and Release of Surety - Division of Land 77-6, Aguacate Road and Via Estelita (MEB Investments) 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 Numbqr Company Purpose Bond $14,315.00 7SM171374 American Motorist Faithful Per - Insurance Company formance Bond 14,315.00 7SMlil374 American Motorist Labor & Insurance Company Materials Bond 1,000.00 7SM111375 American Motorist Monumentation Insurance Company FINANCIAL CONSIDERATIONS There is no cost or compensation to the City for this action. ALTERNATE ACTIONS 1. Accept the public improvements resulting from Division of Land 77-6, require a Notice of Completion to be filed, require an extension of the Faihful Performance Surety for public improve- ments to August 6, 1;81 and exonerate the Labor and Materials and Monumentation Sureties. 2. Do not accept the public improvements for Division of Land 77-6. 3. Request further information from Staff. RECOMMENDATION By Resolution, determinelthat the work resulting from Division of Land 77-6 has been completed and declare the work to be accepted; direct that within ten (l0) days from the date of acceptance, a Notice of Completion be riled with the County of Orange Recorder. FOR CITY COUNCIL AGENDA Division of Land 77-6 August 6, 1980 Page 2 By Motion, require an extension of the Faithful Performance Surety for public improvements to August 6, 1981; direct Staff to exonerate the Labor and Materials and Monumentation Sureties upon expiration of thirty-five (35) days from the filing of the Notice of Completion. Authorize Staff to release the Faithful Performance Surety on August 6, 1981. Respectfully submitted, Li W. D. Murphy I WDM;CMB/pjs Enclosure RESOLUTION NO. 80-8-6-5 COMPLETION OF PUBLIC IMPROVEMENTS DIVISION OF LAND 77-6 (MEB INVESTMENTS) 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 - DIVISION OF LAND 77-6 (MEB INVESTMENTS) _ WHEREAS, the City of San Juan Capistrano has entered into an agreement with MEB Investments for the construction of public improvements in Division of Land 77-6; 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 Capi;trano does resolve as follows: I SECTION 1. That the work required to be performed by said subdivid r has been completed. i SECTION 2. That the work is hereby accepted and approved. SEC ION 3. It is further ordered that a "Notice of Completion' be recorded, 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 6th day of August ) 1980 , by the following vote, to wit: AYE$: Councilmen Friess, Schwartze, Thorpe, Buchheim and Mayor Hausdorfer NOES: None ABSENT: None ATTEST: TY CCTJ LER' 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, C lifornia, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 80-8-6-5 , adopted by the City Council of the City of San Juan Capistrano, California, at a regular Meeting thereof held on the 6th day of _ August r, 1980 (SEAL) J JL 2 CG/L��G1eCt MARY ANNHANOVER, CITY CLERK -1- Bond No. Tract No. Direct all correspondence to -# r Project AL 13ARK=R BONDS F35 Caroi:defet Street ns lingeles. C�liformm 90057 BOND FOR IMPROVEMENTS (213) 383-2168 (FAITHFUL PERFORMANCE) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and MEB INVESTMENTS #23 , whose mailing address is 3723 Birch Street, Newport Beach California 92660 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 Tract ) (Project 77-6 ) 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 AMERICAN MOTORIS'T'S INSURANCE COMPANY , whose mailing address is 685 Carondelet, s e es California 90057 , as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called City, in the penal sum of FOURTEEN THOUSAND T'HRES HUNDRED FIFT'EDb 11 ar s ($ 14, 315.00 ) 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 true intent and meaning, and shall indemnify an- 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 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 iotice 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 November 4 , 19 77 . PRINCIPAL MEB INVESTMENTS #23 3723 Birch St. #23, Newport Beach, Ca. By r By Address of Subdivider: By SURETY AMERICAN MOTORISTS INSURANCE COMPANY _ (Surety Name) 685. Carondelet St. ac Ca. NOTE: Acknowledgments of execution of Principals ani Surety must be attached. Bond must be attached to Subdivision Agreement. App. 6 STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES) !♦♦•♦♦♦o♦♦e♦oeo♦esoso♦e♦e♦♦o♦• K. ♦ GOTI V r C., ♦ r,;. ,..: .n ♦ h7y Ccmmissimi Gp;ms Lt;y !'i, 1981 ON 19 _ , before me a Notary Public in and for said State, personally appeared 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. Public Bond No. 7SM 171 376 • • Tract or Project 77-6 BOND FOR IMPROVEMENTS (FAITHFUL PERFORMANCE) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and MEB INVESTMENTS #23 , whose mailing address is 3723 Birch Street, #23, Newport Beach, Califormia 92b 0 0 hereinafter designated as Principal, have entered into an agreement whereby Principal agrees to install and complete certain designated improvements, which said agreement dated I , 19 and identified as (Subdivision Agreement for Tract ) (Pro_lect6 ) is hereby referred to and made a part hereof; and WHEREAS, Said Principal is required under theerms of said agreement, to furnish a bond for the faithful performance 11 of said agreement. NOW, THEREFORE, we, the Principal, andAMFRTCAN i(1!InRTSTS TNSi1RANCF COMPANY whose mailing address s 685 CamndPlot St. , as Surety, are held and firmly bound unto the Ci y a uanCapistrano, hereinafter called City, in the penal sum of Dollars ($ 2,500.00 ) lawful money o t e 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 true intent and meaning, and shall indemnify an-' 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 opt 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. t 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 November 4 , 19 77 . PRINCIPAL MEB INVESTMENTS #23 3723 Birch St. #23, Newport Beach, Ca. BY -Aw l. --e j By Address of Subdivider: SURETY AMERICAN MOTORISTS INSURANCE COMPANY (Surety Name) 685 Carondelet St., Los�Angeles, Ca. 90057 BY /� t orney-in-Fact) 7Xoqueline Rhodes NOTE: Acknowledgments of execution of Principals and Surety must be attached. Bond must be attached to Subdivision Agreement. App. 6 STATE OF CALIFORNIA 1 ss COUNTY OF LOS ANGELES oPooeeeseoeoeoenoaa^��eoeeeoeee e • �" ,i � 4 Lr'li.' aE � Y r� NOT/.: ✓fOCNIA J • �, / [ ' N e tj�iFy P • A4y Ccmrissi,,:: tad?res ;.��; ll, L;91 0 s ♦ePPeePPeeeaaammvv++.rvoadOePeP ON NOV 4 1977 19_,before me a Notary Public in and for said State, personally appeared 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. STATE OF CALIFORNIA l COUNTY OF— ORANGE, )} SS. 'A On NOU 8r 1Q77 in before me, the undersigned, a Notary Public in and for said County and State, personally appeared MTC14AP.T. RROWN known to me to be r;F.NF.RAT. PARTNF. Rnf the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature -ted'///' ROSEMARY M. POWRIE Name (Typed or Printed) Notary Public in and for said County and State Public d3C7C�59.�'J`� OFFICIAL SEAL ROSEMARY M. POWRIE u 0 M I NUSARY PUaUC - CAI IF INIA lhi+ PRINCIPAL OFFICE IN My Commission ORANGE C0.1 I f Expires December 14, 1980 FOR NOTARY SEAL OR STAMP a Bond NO. 7SM171 376 .Tract No. „ ur Project 77-6 BOND FOR IMPROVEMENTS (LABOR AND MATERIALS) WHEREAS, the City Council of the City of San Juan Capistrano, County of Orange, State of California, and _ M INVFSTMENTS #23 , whose mailing address is 3723 Bireh St #23, Ngwgort Beach California 92660 , hereinafter designated as Principal, have entered into an'agreement whereb: Principal agrees to install and complete certain designated improvements, which said agreement dated , 19 and identified as (Subdivision Agreement for Tract No. (Project 77-6 ) is hereby referred to and made a part hereof; and WHEREAS, Under the terms of said agreement, 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 Civi. 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 `WU THOUSAND FIVE HUNDRED AND NO.100 Dollars ($ 2,500.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment 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 '.,Aepon this bond, will pay, in addition to the face amount thereof, costs and "i'>asonable expenses and fees, including reasonable attorney's fees, incurre:- ty, 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 therein rendered. It is expressly stipulated and agreed that this bond shall inure to the benefit of any, and all persons, companies, and corporations entitled to _ file claims under Title 15 (commencing with Section 3082) Part 4 of Division 3 of the Civil Code, so as to give a right of action to them 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 be and remain in full force 'ind 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. IN L•dITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on November 4 , 1977 PRINCIPAL SURETY MEB INVESTMENTS #23 3723 Birch St., #23, Newport Beach, Ca. W Address of Subdivider: AMERICAN MOTORISTS INSURANCE COMPANY Surety Name) 6,$5 Carondelet St., Los Angeles, CAlifornia By Attorney -in -Fact) acqueline Rhodes NOTE: Acknolwedgements of execution by Principals and Surety must be attached. Bond must be attached to Subdivision Agreement. Byn » J l By W Address of Subdivider: AMERICAN MOTORISTS INSURANCE COMPANY Surety Name) 6,$5 Carondelet St., Los Angeles, CAlifornia By Attorney -in -Fact) acqueline Rhodes NOTE: Acknolwedgements of execution by Principals and Surety must be attached. Bond must be attached to Subdivision Agreement. STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES) OFFICIAL SEAL P,OSEMARY M. ON . 19—, before `VAS NUiARY PUBLIC - me a Notary Public in and for said State, personally appeared ♦+00eeOdOJJ6006?a? >COOJOO+e•• • °i :,C PRINCIPAL OFFICE �"`[ known to me to be the person whose name is subscribed to the + I 0 within Instrument as the Attorney-in-Fact of AMERICAN NOT A o MOTORISTS INSURANCE COMPANY, and acknowledged to • e me that he subscribed the name of said Company thereto as M5 CBminissrel u;plrac,,:.°i ll, 1531 e Surety, and his own name as Attorney-in-Fact. eeeee...e+oJedwd..•..s�Wd�++see STATE OF CALIFORNIA 1 COUNTY OF— ORANCE 1} SS. On NOV. —8-r 1977 m before me, the undersigned, a Notary Public in and for said County and State, personally appeared—MICHAEL BROWN known to me to be GENERAL PARTNER the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the sammee.. , Sig;rI C01Z ''�"`'�/ m ROSEMARY M. POWRIE Name (Typed or Printed) Notary Public in and for said County and State otary Public My Commission Expires Dcv ember 14.1980 FOR NOTARY SEAL OR STAMP 44, OFFICIAL SEAL P,OSEMARY M. POWRIE `VAS NUiARY PUBLIC - CALIFORNIA �ySyk PRINCIPAL OFFICE IN c ORANGE COUNTY My Commission Expires Dcv ember 14.1980 FOR NOTARY SEAL OR STAMP AMERICAN MOTORISTS INS COMPANY =1inSURanceTome Office: Long Grove, IL 60049 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 (EACH)*x K>F>ExtFstx>Ear>Fitx>Exxx>rx>r>E>Eit�Ex>Fx>F>Ei<�rx>F�Eatx*x*xxx>E>tifxx><xx*ittr 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 (Vp500, 000. 00) iFiFiEiEiHtaEiFaF-IFiEiFiHFiHFiFiEiEif-iEitif-af-aFatif-atitiEitaEaf-iFiHEif--IEiFitiEiEiEititiFatiEiFiEiFitiHFif-iEif-if- 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 tact, 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, this6th day of September _I 9= Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY _e,711 viz N �_'` By C. G. Swan, Secretary H. L. Kennicott, Jr., Vice President STATE OF ILLINOIS ll ss COUNTY OF COOK f 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 Petzotd, Notary Public CERTIFICATION I, Sven L. Johanson, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney dated 1;entPTnber 6, 1977 on behalf of A- F_ Bark Pr, .Tar final inP Rhodes and Edward Simms all of Los Angeles, California (EACH)************** YdFiFYY.,iFaF14iRYY.16.14iLd6.Y.i4if.i1.XY.dHbY.Y..X.-Y.YY�FYY.-1Fib Y.Y.iR.WY.-Y..YiF-YdF.1FY. 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—. :_:,1: I/ Sven L. Johanson, secretary 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 1M PRINTED IN U.S.A. Power of AOorne9 Term CITY RK'S DEPARTMENT - ACTIOAMINDER TO: City Engineer (Marty Bryant, staff) FROM: City Clerk DATE: September 29, 1983 SITUATION: At their meeting of August 6, 1980, the City Council accepted the public improvements for Division of Land 77-6. Faithful Performance Bond No. 7SM 171 374 was extended to August 6, 1981, and staff was authorized to release it at that time. S ;61-\ ACTION REQUESTED: No record can be found of the release of this last bond. Please advise of the status; and, if said bond has not been released, please advise if your Division will be releasing this bond in the near future. In addition to the above, there is a Faithful Performance Bond No. 7SM 171 376 in the amount of $2,500.00 in this file. There is no record in the file what this is for. Could you please check your records and see if this bond is for grading and if it originally came in with the others. Thank you. ACTION TO BE TAKEN: Aoc��st 30, so�a�t� cflv�-FaCtas� e�cV1d $i tlSJ Ca�'Y\ CQM Qb DATE WHEN NEXT ACTIONS) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: 0.�iin DATE SIGNED: g-�3-KTP ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** File No. 38 - #198 (77-6) • *d No. 7SM 171 374 Tract No. 77-6 or Project 77-6 BOND FOR IMPROVEMENTS (LABOR AND MATERIALS) WHEREAS, the City Council of the City of San Juan Capistrano, County of Orange, State of California, and MEB INVESTMENTS #23 , whose mailing address is a� r 02660 1 hereinafter designate as Principal, have entered into anFagreement whereby Principal agrees to install and complete certain designated improvements, which said agreement dated , 19 , and identified as (Subdivision Agreement for Tract No.(Project 77_6 _ _ _) is hereby referred to and made a part hereof; and WHEREAS, Under the terms of said agreement, Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of San Juan Capistrano to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 0£ Division 3 of the Civi. Code of the State of California. NOW, THEREFORE, said Principal and the undersigned as corporate Surety, are held firmly bound unto the City of San Juan Capistrano, and all con- tractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the afore- said Code of Civil Procedure in the sum of fourteen thousand three hundred fifteen Dollars ($ 14,315.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment 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 r.iasonable expenses and fees, including reasonable attorney's fees, incurre:. 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 therein rendered. it is expressly stipulated and agreed that this bond shall inure .to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) Part 4 of Division 3 of the Civil Code, so as to give a right of action to them 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 be 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. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on November 4 , 19 77 , PRINCIPAL SURETY MEB INVESTMENTS #23 3723 Birch St.. #23. Newoort Beach. Ca. �N"AWWWRA1 Address of Subdivider: AMERICAN MOTORISTS INSURANCE COMPANY Surety Name) 685 Carlondelet St. Los Angels Ca. By F[t orney-in-Fact J u rine Rhode NOTE: Acknolwedgements of execution by Principals and Surety must be attached. Bond must be attached to Subdivision Agreement. App. 7 0 BOND FOR IMPROVEMENTS (LABOR AND MATERIALS) 0:and No. 7SM 171 375 act No. or Project 77--r— Me ^6( 7-- —"— MexU 00 1"t, � fti— WHEREAS, the City Council of the City of San Juan Capistrano, County of Orange, State of California, and MEB INVESTMENTS #23 , whose mailing address is 3723 Birch StreefNewport ea orma hereinafter designated as Principal, have entered into an agreement whe reb. Principal agrees to install and complete certain designated improvements, which said agreement dated , 19 , and identified as (Subdivision Agreement for Tract No. (Project _ 77-6_ ) is hereby referred to and made a part hereof; and WHEREAS, Under the terms of said agreement, 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 Civi.'. 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'emoloyed in the performance of the aforesaid agreement and referred to in the afore- said Code of Civil Procedure in the sum of ENE TH0l6AND PND N1/100 Dollars ($ 1 000.00 ), for materials furnished or labor thereon or any kind, or for amounts due under the Unemployment 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, incurre_. 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 therein rendered. .It is expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) Part 4 of Division 3 of the Civil Code,, so as to give a right of action :o them 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 be 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. IN WITNESS NHEREOF, this instrument has been duly executed by the Principal and Surety above named, on ,,,,„,,Mb@„ h , 1977 PRINCIPAL SURETY MER TNVCSTMrXrr 47?_ AMFRTrl MOTURTSTS T' Surety Name) 3773 Birch St. 473 py,T[jort Beach_ Ca. By �1 / 685 CarOndelet St.. Los Rllaeles. Ca. 90057 By By \', I ttorney-in-Fact) Address of Subdivider: Jabqu ine Rhodes NOTE: Acknolwedgements of execution by Principals and Surety must be attached. Bond must be attached to Subdivision Agreement. • D71e:t all torn:-.�,�nArnrc to for;��a 1U057 (213) 333-216a Bond No. 7SM 171 375 Tract No. or Project 77-6 BOND FOR IMPROVEMENTS /"I(r7L c�-✓1�'4` T�7� (FAITHFUL PERFORMANCE) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and M INVESIMEf92'S #23 , whose mailing address is 3723 Birch Street 123, Newport eac , California 0 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 Tract ) (Project —71-6 ) 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 AMERICAN MOTORISTS INSURANCE COMPANY , whose mailing address is 685 Carondelet Street 87as Surety, are held and firmly bound unto the City o San Juan Capistrano, hereinafter called City, in the penal sum of —Da—=Sam Dollars ($-1,000.00 ) 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 true intent and meaning, and shall indemnify ani 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 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 WEEPEOF, this instrument has been duly executed by the principal and surety above named, on NnvcmMr 4 , 1977 - PRINCIPES. 87233 Birch 1St. #23, Newport Beach, Ca. By By T Address of Subdivider: SURETY AMERICAN MOMRISTS INSURANCE COMPANY (Surety Name) 665 Carondelet St. Los Angeles, Ca. 90057 By (Attorney ey-i F f ) t to_ney-in-Fact) acq ne Rhodes NOTE: Acknowledgments of execution of Principals and Surety must be attached. Bond must be attached to Subdivision Agreement. App. G t/ i �r//llGAtml (J p/�> —e— r^ + C .32400 PASEO ADELANTO i �GY+VGO SAN JUAN CAPISTRANO. CALIFORNIA 92675 An 1Z 12 l!i ' ^'80 14 \'PHONE 493.1171' � r CITY OF SAN JUAN C4P{STR4N(; August 7, 1980 Recorder's Office County of Orange P.O. Box 238 Santa Ana, California 92702 Gentlemen: Re: Completion of DOL 77-6 The following document(s) is enclosed for recordation: Notice of Completion of construction of public improvements in conjunction with Division of Land 77-6 When placed of record, please return said document(s) to this office. Enclosed also is a duplicate copy of this letter. Please stamp Book and Page Numbers and date of recording on the letter and return it to this office in the enclosed stamped, self-addressed envelope at your earliest convenience. Thank you for your cooperation. Very truly yours, (Mrs.) Mary Ann Ilanover City Clerk MALI/ DOCUMENT NUMBER Enclosures BOOK NUMBER (raj PAGE NUMBER G%sj DATE Aug j 2C9 1986