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1978-0705_CORRALES ESTATES_Subdivision Agreement
RECORDING REQUESTED Y AND WHEN RECO RG FEES EXEMPT DUE TO .RECORDED RETURN TO= GOVE JT CODE SECTION 6103 CYPY OF SAN JUAN C STRANO y/ office of the City Clerk 13789 ?vz(,Pe- 32400 Paseo Adelanto r7A Y ANN I$IOVER, City Clerk San Juan Capistrano, CA 92675 San Juari/Capistrano^ California r EXEMPT �l'ract No. _ 54' C4 SUB DI )N A C.RrEMENT THIS AGREEIIEN':', made pursuant to the provisions of Division 2 c,f Title 7 of. the c,overnmcnt Code of the State of California,. by and u.C,: C_ l- U: SAN .1'Ji�:: 3 i1li:'1c1pa1 Corporation, hereinafter called the "City" and Corrales Estates whose mailing address is 2643 Fourth Avenue San Diego, CA 92103 hereinafter called the "Subdivider." WITNESSETH : RECORDED IN OFFICIAL RECORDS OF ORANGE COU,JTY, CAurJ,tNIA to Min. 1 P MJUL 13 1978 Put LEE A. BRANCH, County Recorder THAT, WHEREAS, Subdivider has filed with the Planning Commission of the City a tentative map for a proposed subdivision, known as Tract No. 7654 whish has been conditionally approved by the City Council, and WHEREAS, Subdivider desires to postpone the public and private improvements required as a condition of approval of said tentative map until a time subsequent to the acceptance and recordation of tine final map of said subdivision, by entering into an agreement and providing the improvement security required to assure the furnishing and instal- lation,of said improvements within the time herein provided. NOW;" THEREFORE, in consideration of the premises and the approval of -the final 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 map, the Subdivider hereby undertakes, promises and agrees as follows: 1. Subdivider will, at his (its) own cost and expense, improve said tract by doing all work and providing and furnishing all labor, materials and equipment and making all installations shown on the improvement plans signed.and approved by the City Engineer and specified by the Specifica- tions of the City of Sari Juan Capistrano, which plans and specifications are on file in the office of the' City Engineer and incorporated herein by reference, includina but not limited to, all. grading work, paving of all streets, alleys and public service easements, construction of concrete curbs, gutters, cross -gutters and sidewalks, installation of storm drainage and sanitary sewerar_,e facilities, installation of underground conduit street lighting system, the installation of all street name signs; -)nr! the supplying dnd planting or all parkway trees, together with the instal- lat-ion.of all appurtenances, 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 condi- tion 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, provide and install all on -gate and Off-site, weat�-r mail? and =p,nrtenances and '.al)l provide all .labor and material to connect the same to existing mains and facilities of the Orange County waterworks District t14, and will comply with all of th 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. Por purposes o" th ajrccm:�nt, applicable fees shall be defined as all ices that may be le(.rally assessed through City's ordinances and resolutions is conditions of approving subdivider's subdivision and proposed .improvements. 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, subcontractors, agents or employees in the performance of this agreement. -2- STATE OF CALIFORNIA BK 1 2755P 1977 COUNTY OF San Diego l a June 28 1978 I. E On r before me, the undersigned, a Notary Public in and for U William P. Kruer t - a said State, personally appeared --� r c E known to me to be One the partners of the partnership LLa that executed the within instrument and acknowledged toJthat W OFFICIAL SEAL�� y such partnership executed the same. JUDY KLAFAYETTE 5 NOTARY PUULIG - CALFORNIAPRINCW0.L WITNESS my hand and official seal. OffICE INY "�° SAN DIEGO COUNTYy Commission Expires December 8, 1981 4 Signature _Judy M. Lafayette Name (Typed or Printed) (This area for official notarial seal) State of California ) ) SS. County of Orange 1 June 22, 78 On , 19 before me, the undersigned a Notary Public in and.for said State, personally appeared JohnfHazeltine , known to me to be the senior vice Pr — of GENSTAR PACIFIC CORPORATION and L. D. Hutchins , known to me to be the Assistant Se of GENSTAR PACIFIC CORPORATION, the corporation that executed the within instrument as a joint venturer of CORRALES ESTATES , the joint venture that executed the within instrument; said persons being the persons who executed the within instrument on behalf of said corporation, and said corporation, being one of the joint venturers therein named, and acknowledged to me that said joint venture executed said instrument and that said corporation, pursuant to its by-laws or a resolution of its board of directors, executed said instrument on behalf of said joint venture. WITNESS my hand and official seal. ................... OFFICIAL SEAL ................ ............... • BETTE J. FAZEKAS Notary PublicOUNT rn is ORANGE COUNTY Q_ _ .. Commission Expires Dec. 18, 1979... Notary Public in an for said State - .A N Trac(-• No. 7659: BK 12755,161976 ,.a.ecuted. at San Juan Capistrano, California this __5th day,of _ July , 19 7R SUBDIVIDER* CORP.ALES ESTATES, A Joint Venture ATTEST: Principal San Jua apistrano City Clerk APPROVED AND RECOMMENDED FOR EXECUTION: W 1, City - nMgerr/ f Orange County Waterworks, District #4 BY: =E TAR_PAC4I'IC BY: P. HazeltineG/Sr. BY: dC AJ Lewis Hutchins, Assistant Secretary BY: CO ks OCIA BY : /J William P. KrueL,/Partner CITY OF SAN JUAN CAP ISTRANO By 1-7 KENNETH E. FRIESS, MAYOR NOTE: Improvement Bond and Material and Labor Bond must be attached to this agreement. "r< * Partnerships, joint ventures, and other corporate entities should contact the San Juan Capistrano City,Attorney for acceptable form .or execution. APPROVED A$ TO _ RM City, Attorney•.::,.•: 0 0 0 BK 12755P6 1,977 STATE OF CALIFORNIA COUNTY OSan Diego ss, F ( On June 28, 1978 before me, the undersigned, a Notary Public in and for said State, personally appeared William P. Kruer ' known to me to be One the partners of the partnership that executed the within instrument and acknowledged to me that such partnership exemted the same. WITNESS my hand and official seal. Signature Judy M. Lafayette Name (Typed or Printed) State of California ) ) SS. County of Orange 1 OFFICIAL SEAL JUDY M. LAFAYETTE 1) NOTARY POSLIC - CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expires December 8, 1981 IThls area for official notarial seal) June 22, 78 On 19 before me, the undersigned a Notary Public in and.for said State, personally appeared JohnfHazeltina , known to me to be the senior vice Pry—` of GENSTAR PACIFIC CORPORATION and L. D. Hutchins , known to me to be the Assistant seer of GENSTAR PACIFIC CORPORATION, the corporation that executed the within instrument as a joint venturer of CORRALES ESTATES the joint venture that executed the within instrument; said persons being the persons who executed the within instrument on behalf of said corporation, and said corporation, being one of the joint venturers therein named, and acknowledged to me that said joint venture executed said instrument and that said corporation, pursuant to its by-laws or a resolution of its board of directors, executed said instrument on behalf of said joint venture. WITNESS my hand and official seal......„.....„ ................. ...,..._.,.,,,,.,,,: OFFICIAL SEAL 8ET'TE J. FAZEKAS ';7" ` .. Notary PuE COUNTY ie ° ................................................. ..r ORANGE COUNTY My Commission Expires Dec. I8, 1979 Notary Public in an for said State /J 654 10. AUrru=i II �...,•. ." ---- - $AN JUAV CREEK ROAD 'P F:ICi:) \/(38) As set forth in the report dated August 4, 1981, from the the fol.lowirg Grading (44) Director of Public Works, release of (85) Bond was authorized: Bond No. $C 6317584, held by American Insurance company, in the amount of $133,860. Slq /Ts 1 0 AGENDA ITEM August 4, 1981 TO: Stephen B. Julian, City Manager 0 FROM: W. D. Murphy, Director of Public Works SUBJECT: Release of Grading Surety, Tract 7654 SITUATION The developer has completed all the grading and drainage improvements for Tract 7654. The work has been inspected by the Building and Safety Division and found to be in conformance with the approved grading plan and the City's Grading Code. The developer, therefore, requests that the grading surety be released at this time. The grading surety being considered is as described below: Surety No. Underwriter Amount SC 6317584 American Insurance $133,860.00 Company FINANCIAL CONSIDERATIONS There are no direct costs to the City seen in this action. ALTERNATE ACTIONS 1. Authorize staff to release the grading surety for Tract 7654, 2. Do not authorize staff to release the grading surety for Tract 7654. 3. Refer to staff. RECOVDIENDATION By motion, authorize staff to release the grading surety, in the amount of $133,860.00 for Tract 7654. Respectfully submitted, L13 W. D. Murp y WDM:JGG/nep Attach. FOR GI FY COUNCIL AGENDA ... RECEIVED JUL 11 2' 45 °y SRI - CORRAEES ESTATES • 2643 Fourth Avenue, San Diego, California 92103 (714) 231-3637 July 149 1981 Mr. Joseph Gaffney Assistant Budding and Grading Engineer City of San uan Capistrano EnIgineering Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Bond No. SC 6317584 Dear Mr, Gaffney: Please accept this letter as our request for the City to release our grading bond No. SC 6317584 for Tract 7654. The grading has been completed and approved by the City. The bond from Firemans Fund was issued through Reed Sten- house Inc. Your assistance in this matter is appreciated. Very truly yours, CORRALES ESTATES jtm- AaL� George T. Kruer cc: Nancy Owens Reed Stenhouse Inc. a patrick development r. • Labor and Materials No. 4SM-164-207 6,636 .Labor and Materials No. 4SM-164-197 13,798 The following bonds from American Motorists Insurance Company were extended to October 1, 1981: TRACT 7616 Faithful Performance (public) No. 4SM-164-213 $14,924 ' TRACT 8594 Faithful Performance (public) No. 4SM-164-207 13,272 10. RESOLUTION, NOTICE OF COMPLETION AND FINAL REPORT - HARRISON FARMHOUSE REHABILITATION (23) Written Communications: (38) Report date October 1, 1980, from Pamela Hallan, advising ` that work for the rehabilitation of the Harrison Farmhouse has been completed by Miles and Kelley. The payment status is as follows: f Total Project Cost $89,699.00 Less 108 Retention 8,969.90 Less Previous Payments 72,751.50 Total Due $ 7,977,60 i Aece tance of Work: T e following Resolution was adopted: RESOLUTION NO. 80-10-1-8, COMPLETION OF THE HARRISON ., FARMHOUSE REHABILITATION - A RESOLUTION OF THE CITY j COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE HARRISON FARMHOUSE REHABILITATION The Resolution accepts the work and directs the City Clerk to forward the Notice of Completion to the County Recorder within 10 days; payment was authorized to Miles and Kelley i in the amount of $7,977.60; payment of the 108 retention was authorized 35 days after recordation of the Notice of Completion. 11. SETTING HEARING DATE ON ORDER TO SHOW CAUSE REVOCATION OF MERCHANT PATROL LICENSE (VIEJO SECURITY) (65) At the request of the City Attorney, the item was continued to the meeting of October 15, 1980. RESOLUTIONS, NOTICES OF COMPLETION AND RELEASE OF SURETIES, TRACTS 7654 AND 9373 PATRICK DEVELOPMENT) (38) Written Communications: SAI (85) Report advisingted that thebpublicl980, from improvementseforrector Tractso 7654blic and Works K 9373 have been completed and requesting release of bonds. Acceptance of Work: It was moved by Councilman Friess, seconded by Councilman Buchheim that the following Resolutions be adopted: RESOLUTION NO. 80-10-1-4, COMPLETION OF PUBLIC IMPROVEMENTS - TRACT 7654 - A RESOLUTION OF THE CITY COUNCIL OP THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS - TRACT 7654 (PATRICK) -10- 10/1/80 ,• • RESOLUTION NO. 80-10-1-5, COMPLE•ON OF PUBLIC IMPROVEMENTS - TP.ACT 9373 - 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 - TRACT 9373 (PATRICK) The motion carried by the following.vote: AYES: Councilmen Friess, Schwartze, Bland, Buchheim and Mayor Hausdorfer NOES: None ABSENT: None The Resolutions accept the public improvements and direct the City Clerk to forward the Notice of Completion to the County Recorder within 10 days. Release of Surety: - The following bonds from American Insurance Company are to be released upon expiration of 35 days from the recording of the Notices of Completion: Bond Amount TRACT 7654 Labor and Material No. 6317585 $323,500 Monumentation No. 6317586 900 TRACT 9373 Labor and Material No. 6319179 793,200 Monumentation No. 6319177 7,200 The following bonds from American Insurance Company were extended to October 1, 1981: TRACT 7654 Faithful Performance No..6317585 $323.500 TRACT 9373 Faithful Performance No. 6319179 793,200 ADMINISTRATIVE ITEMS DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. APPEAL OF CONDITION OF APPROVAL - LANDSCAPE PLANTER REQUIREMENT (CALIFORNIA FIRST BANK) (68) Written Communications: Report dated October 1, 1980, from the Director of Community Planning and Development, setting forth the Planning Commission recommendations with regard to modification of the California First Bank parking lot configuration to provide an additional drive-through lane and the bank's appeal of the condition for parking lot landscaping. A licant: California First Bank, P. O. Box 1311, San Diego, 92112. Jim Warcup, Facilities Planning Officer, requested approval of the appeal and stated the Bank agrees to all other Conditions for the modification.. Councilman Friess cited difficulties with handicapped access to the Bank due to the conformation of the wheelchair ramp; Mr. Warcup agreed to re -work the ramp to improve accessibility. Approval of Amended Conditions: It was moved by Councilman t�riess, seconded by Councilman Schwartze and unanimously carried to confirm the Conditions -11- 10/1/80 0 AGENDA ITEM October 1, 1980 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Notice of Completion, Release of Surety, Tracts 7654, and 9373, San Juan Creek Road (Patrick Development) SITUATION The developer of the subject tracts has requested that the City accept the public improvements and release of surety. The public improvements have been completed and accepted by the City Inspector. The City is requesting Notices of Completion to be filed with the County Recorder. The sureties for these tracts are: Tract 9373 Surety type Number Amount Company Purpose Bond 6319179 $793,200 American Ins. Co. Faithful Performance Sljv sF, -_: Bond 6319179 793,200 81Labor & Materials Bond 6319177 7,200 " to Monumentation Tract 7654 Bond 6317585 323,500 Faithful Performance Bond 6317585 323,500 Labor & Materials Bond 6317586 900 ItMonumentation FINANCIAL CONSIDERATIONS There is no cost or compensation to the City by this action. ALTERNATE ACTIONS 1. Accept the public improvements resulting from Tracts 7654 and 9373, require Notices of Completion to be filed, require an extension of the Faithful performance sureties for public improvements to October 1, 1981, and exonerate the Labor and Material and Monumentation sureties. 2. Do not accept the public improvements resulting from Tracts 7654 and 9373. 3. Request further study by staff. t FOR CITY Ct;!NCIL AGENDA �_ Tracts 7654 and 9373 (Patrick) RECOMMENDATION 0 -2- October 1, 1980 By resolution, determine that the work resulting from Tracts 7654 and 9373 has been completed and declare the work to be accepted; and direct that within ten (10) days from the date of acceptance Notices of Completion be filed with the Orange County Recorder. By motion, require an extension of the Faithful Performance sureties for public improvements to October 1, 1981; and direct staff to exonerate the Labor and Materials and Monumentation sureties upon the expiration of thirty-five (35) days from the filing of the Notices of Completion. Authorize staff to release the Faithful Performance sureties after a one-year maintenance period. Respectfully submitted, W. D. P4urphy WDM:MB/rem Encls. 1 I' 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1/4 / x 0 JOHN S. PABISE ATTORN EV AT LAW 1055 NORTH MAIN STREET, SUITE 1004 SANTA ANA, CALIFORNIA 92701 TELEPHONE (7I4) 558-1655 Attorney for Plaintiff C� flro 41 1 21M SAN .JUAN CAPISTRANO SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE LLOYD A. HENRY HEAVY EQUIPMENT RENTAL, INC., a California corporation, Plaintiff, kM CORRALES ESTATES, a partnership; CORRALES ASSOCIATES, a partnership; GLENDALE FEDERAL SAVINGS AND LOAN ASSOCIATION, a corporation; HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF SAN DIEGO, a corporation; G. A. MAC DONALD CONSTRUCTION COMPANY, INC., a corporation; PETER M. OLAH, an individual and doing business as OLAH EQUIPMENT COMPANY; PATRICK DEVELOPMENT, a corporation; THE AMERICAN INSURANCE COMPANY, a corpo- ration; and DOE 1 through DOE 500, inclusive, Defendants. TO: THE CITY OF SAN JUAN CAPISTRANO: NO -3o-74-71 NOTICE OF CLAIM AND COMMENCEMENT OF LITIGATION PROCEEDINGS AGAINST IMPROVEMENT SECURITY PURSUANT TO GOVERNMENT CODE SECTIONS 66458, 66462 AND 66499, et seq. YOU ARE HEREWITH NOTIFIED that an action has been commenced in the above -entitled court, as captioned, and identified as Case No 3 v --76-7/, to recover the sum of $59,840.69, costs of litigation and attorney's fees as may be allowed against the 1 Improvement Security in the nature of various payment bonds 2 (including Bond No. 6317585) now on file with the City of San 3 Juan Capistrano for a Subdivision work of Improvement on Tract 4 No. 7654. 5 You are requested not to exonerate the subject bonds on file 6 with you without fully complying with Section 66499.7 of the 7 Government Code (formerly Business & Professions Code Section 8 11612(h)) of the State of California. 9 DATED: February 20, 1979. 10 JOHN S. PARISE 12 Attorney for Plaintiff 13 14 ] / / 15 J �o S! R f(5 2✓ �6 ( OYrd �C X5.3 mak s -s- -79. n 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- 0 VERIFICATION • STATE OF CALIFORNIA, COUNTY OF 1, the undersigned, say (check applicable paragraph): El 1 am a party to this action. I have read the above document and know its contents. The matters stated in it are true of my own knowledge except as to those matters which are stated on information and belief, and as to those matters 1 believe them to be true. 13I am an officer a partner of a party to this action, and am authorized to make this verification for and on its behalf, and 1 make this verification for that reason. I have read the above document and know its contents. 1 am informed and believe and on that ground allege that the matters stated in it are true. 1 am one of the attorneys for , F-1 a party to this action. Such party is absent from the county of aforesaid where such attorneys have their office, and I make this verification for and on behalf of that party for that reason. 1 have read the above document and know its contents. I am in- formed and believe and on that ground allege that the matters stated in it are true. Executed on , 19—, at California. I declare under penalty of perjury that the above is true and correct. (Signature) Subscribed and sworn to before me this day of 19—. Notary Public in and for said County and State ACKNOWLEDGMENT OF RECEIPT Received copy of the above document on , 19—. (Signature) PROOF OF SERVICE BY MAIL NOTICE OF CLAIM AND COMMENCEMENT OF LITIGATION PROCEEDINGS I am a resident of the county aforesaid; I am over the age of 18 and not a party to the within action; my business address is Suite 1004, 1055 N. Main St. , Santa Ana, California. OnFPhrnary oTv 1972, I served the above document on the City of San Tuan Caoi ctrano in this action by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid in the United States mail at Santa Ana, California addressed as follows: CITY OF SAN JUAN CAPISTRANO, a municipal corporation 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Executed -on February � 19 79at Santa Ana , California. (check applicable paragraph below) © (State) 1 declare under penalty of perjury that the above is true and correct. ❑ (Federal) I declare that 1 am employed in the office of a member the bar of this court at whose direction the service was made. (Signatu eanette Iceppler 11 3 4 5 6 7 8 9 10 111 12 • JOHN S. PARISE ATTORN EY AT LAW 1055 NORTH MAIN STREET, SUITE 1004 SANTA Axe, CALIFORNIA 92701 TELEPHONE (714)558-1655 Attorney for Plaintiff • RECEIVED Fee 11 IU 4o AN '79 CITY OF SANJUAN CAPISTRANO MUNICIPAL COURT OF THE STATE OF CALIFORNIA, SOUTH ORANGE JUDICIAL DISTRICT FOR THE COUNTY OF ORANGE COBURN EQUIPMENT, INC., a California corporation, Plaintiff, 13 VS. 14 CORRALES ESTATES, a partnership; 15 CORRALES ASSOCIATES, a partnership; GLENDALE FEDERAL SAVINGS AND LOAN 16 ASSOCIATION, a corporation; HOME FEDERAL SAVINGS AND LOAN ASSOCIATION 17 OF SAN DIEGO, a corporation; PETER M. OLAH, an individual and doing busi- 18 ness as OLAH EQUIPMENT COMPANY; PATRICK DEVELOPMENT, a corporation; 19 THE AMERICAN INSURANCE COMPANY, a corporation; and DOE 1 through DOE 500, 20 inclusive, 21 Defendants. 22 23 24 25 26 27 28 NO. 14359 NOTICE OF CLAIM AND COMMENCEMENT OF LITIGATION PROCEEDINGS AGAINST IMPROVEMENT SECURITY PURSUANT TO GOVERNMENT CODE SECTIONS 66458, 66462 AND 66499, et seq. TO: THE CITY OF SAN JUAN CAPISTRANO: YOU ARE HEREBY NOTIFIED that an action has been commenced in the above -entitled court, as captioned, and identified as Case No. 14359 , to recover the sum of $2,083.00, costs of litigation and attorney's fees as may be allowed against the Improvement Security in the nature of various payment bonds -1- r 11 2 3 4 5 61 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 (including Bond No. 6317585) now on file with the City of San Juan Capistrano for a Subdivision Work of Improvement on Tract No. 7654 You are requested not to exonerate the subject bonds on file with you without fully complying with Section 66499.7 of the Government Code (formerly Business & Professions Code Section 11612(h)) of the State of California. DATED: FebruaryV , 1979. d.0 PARISE ey for Plaintiff EQUIPMENT, INC. V VERIFICATION STATE OF CALIFORNIA, COUNTY OF I, the undersigned, say (check applicable paragraph): El 1 am a party to this action. 1 have read the above document and know its contents. The matters stated in it are true of my own knowledge except as to those matters which are stated on information and belief, and as to those matters I believe them to be true. ❑I am an officer a partner of a party to this action, and am authorized to make this verification for and on its behalf, and 1 make this verification for that reason. I have read the above document and know its contents. I am informed and believe and on that ground allege that the matters stated in it are true. ❑1 am one of the attorneys for a party to this action. Such party is absent from the county of aforesaid where such attorneys have their office, and I make this verification for and on behalf of that party for that reason. I have read the above document and know its contents. I am in- formed and believe and on that ground allege that the matters stated in it are true. Executed on 19—, at California. 1 declare under penalty of perjury that the above is true and correct. (Signature) Subscribed and sworn to before me this day of 19—. Notary Public in and for said County and State ACKNOWLEDGMENT OF RECEIPT Received copy of the above document a (Signature) PROOF OF SERVICE BY MAIL NOTICE OF CLAIM AND COT,94ENCFMENT OF LITIGATION PROCEEDINGS 1 am a resident of the county aforesaid; 1 am over the age of 18 and not a party to the within action; my business address is 1055 N. Main St. , Ste. 1004, Santa Ana, California. On February .76 19 79 1 served the above document on City of San Juan Capistrano in this action by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid in the United States mail at Santa Ana, California addressed as follows: CITY OF SAN JUAN CAPISTRANO, a municipal corporation 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Executed _o February R(o_ 1979at Santa Ana ,California. (check applicable paragraph below) 12 (State) I declare under penalty of perjury that the above is true and correct. (Federal) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was ❑ made. (Signature) Bond No. 6317584 Premium $670.00 DIVISION OF BUILDING AND SAFETY CITY OF SAN JUAN CAPISTRANO GRADING PERMIT SURETY BOND KNOW ALL MEN BY THESE PRESENTS: That CORRALES ESTATES and THE AMERICAN INSURANCE COMPANY as Principal, is held and firmly bound unto the City of San Juan Capistrano in the just and full sum of .$133,860.00 DOLLARS, for the payment of which, well and truly made, said Principal binds himself, his heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THk ABOVE OBLIGATION IS SUCH THAT, WHEREAS, the said Principal above named is applicant under Grading Permit No. of the City of San Juan Capistrano, California, for an excavation or f1-11 of 250 yards or more, on the following described property: Tract 7654 - City of San Juan Capistrano, County of Orange. and WHEREAS, the estimated cost of the work authorized by the permit is $ 133,860.00 NOW, THEREFORE, it is agreed that if the Principal shall: a) Comply with all the provisions of the "Orange County Grading and Excavation Code," Article 8 of Division 1 of Title 7 of the Codified Ordinances of the County of Orange, commencing with Section 7-1-800 and ending with Section 7-1-859 thereof; and b) Comply with all the terms and conditions of the permit to the satisfaction of the Director of Building and Safety; and c) Complete all of the work contemplated under the said permit within the time limit specified in the permit, and any extension or extensions thereof. PROVIDED, HOWEVER, that the said surety, for value received, hereby stipulates and agrees that no changes, extension of time, alter- ation or modification of the permit or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alter- ation or modification of the permit or of work to be performed thereunder; and PROVIDED, FURTHER, that in case suit is brought upon the bond by the City or any other person who may bring an action on this bond, a reasonable attorney's fee, to be fixed by the court, shall be paid by the Principal. IN WITNESS WHEREOF, the said Princi a has caused s presents to beduly signed and sealed this day of 19. CORRALES ESTATES, A Joint Venture Principal BY: GENSTAR PACIFIC CORP. gy CORRALES ASSOCIATE BY: C i X9NT 5 "dr%4rz`/ Mathew Loon in, Partner ---- --- THE AMERICAN INSURANCE COMPANY Surety TTORNEY IN FACT in and for said 7/78 City and State State of California ) ) SS. County of Orange 1 On July 31 , 19 78 before me, the undersigned a Notary Public in and for said State, personally appeared Thomas E. Hayes , known to me to be the Assistant Vice rest en Of GENSTAR PACIFIC CORPORATION and R. W. Jimerson , known to me to be the Assistant secretary of GENSTAR PACIFIC CORPORATION, the corporation that executed the within instrument as a joint venturer of COl.2RALES ESTATES the joint venture that executed the within instrument; said persons being the persons who executed the within instrument on behalf of said corporation, and said corporation, being one of the joint venturers therein named, and acknowledged to me that said joint venture executed said instrument and that said corporation, pursuant to its by-laws or a resolution of its board of directors, executed said instrument on behalf of said joint venture. WITNESS my hand and official seal. Notary Public in and for said State State of California! County of Orange j ss: On July 31, 1978 , before me, a Notary Public in and for said County and State, residing iherein, duly commissioned and sworn, personally appeared Martha Page known to me to be Attorney -in -Fact of THE AMERICAN INSURANCE OOMPANY the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the,said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and ye�}totatedcilPd�iaFS;tk(i� at+ abo��+:••••• June -2, 1980 e�_ R. CJNS N, i, - P My Commission Expires ��- C'i•,�r_., '�tA No -��'fY Commission Expires Jun. 2 198 j ♦•�•••1�••••••1••1.1�� 360212--6-66 STATE OF CALIFORNIA COUNTY OF 1 SAN DIEGO --f 51, On June 7, 1978 , before me, the undersigned, a Notary Public in and for said State, personally appeared William P. _Krue Y_ known to me to be One _the partners of the partnership that executed the within instrument and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. E o Signature M. Lafayette Name (Typed or Printed) OFFICIALSEAL JUDY M.LAFAYETTE m NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expires December 8, 1981 (This area for official notarial seal) GENERAL POV'1-R OF C%677t�1'.NEY _ T AMERICAN INSURANCEPANX "Ki4OW ALL MEN BY THESE PRESL That THE AMERICA14 INSURAINC£ COM a Corporaion duly Organized and existing under the laws of the State of New Jersey, and having its Home Office in the City and County of San Francisco, California, has made, constituted and appointed, and does by these presents make, constitute and appoint MARTHA PAGE and RITCHIE E. GINGRICH jointly or severally. its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute. seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obliga- tions in the nature thereof ------------------------------------------------------- and to bind the Corporation thereby as fully and to the sane extent i 1l such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secrelary hereby ratifying and confirming all that the said Attorney(s)-in- Fact may do in the premises. This power of attorney is granted pursuant to Article VIII, Section 30 and 3i of By-laws of THE AMERICAN INSURANCE COMPANY now in lull force and effect. "Ankle Vill. .IDI^'ixt.rxt ewd aptkmitx xr Rrsidrxt .-i s+Hra.t ti. rrrtar..., w.d .Irlw..•y-:w-Farr aet A,,.t, L. arceot Leyd Pr«ru aed Arake .1,........... Section 30. Appointment. The Chairman of the Board of Directors. the Presideni, any Vice -President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors. the President or any Vice -President, may, from time to time. appain Assistantnes Resided Semetaand Altome7s-m-Facl to represent and act lot and on beholl of the Corpnn oraoand Agents to accept legal process and rake epysarances lot and on behalf of the Corporation. $e;l:on 31- .l xlbmirm. Tie Authority a! s:.ch Resident As.mwrit Secteian z. Aho:net's in Fact and Agents s).s:: are as ..cubed in the mstr -.ent rvidanang :he,, appmwru omurem, and any such .;potment and all a honty gnted th.reby may be revoked at any time by the Beard of Daemns or bi any person empowered to make such a}eammem' This power of attorney is signed and sealed under and by the authority o! the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meetir.g duly ca:led and held on the 26th day of September, 1966. and that said Resolution has not been amended or repealed: a '"RESOLVED. that the signature of any Vice President. Assistant Secretary. end Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney. on any revxation of any power of attorney, or a.- any .any certificate relating iherelc, by facsimile, and any power of attorney, any revocation of any power ei attorney, or certih-ate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." III WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate seal to be hereunto affixed this._%tI)_day of November . 197. S�M1n Mgr , STATE OF CALIFORNIA. ss. CITY AND COUNTY OF SAN FRANCISCO THE AMERICAN INSURANCE COMPANY �- Vice-Premdem --� On fhis,th day of November , 193-L_-, before me personally came William W. Lauber RI to me known, who, being by me duly sworn, did depose and say: that he is Vice President of THE AMECAN INSURANCE COMPANY, The Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed t to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name Ibereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. Bar all gill uunnitunt nnnanaanums■ OFFICIAL SEAL SUSIE K. GI1BERi ' z<:� _ t1 l-I-� - _ Notary Public NOTARY PUBLIC - CALIFORNIA c CITY d COUNTY OF SAN FRANCISCO CERTIFICATE MV CommBsion Eap;ms Noe. 17, 1980 CnB.11A1111pr11�'1'X'1�"8X'�Ri'1Pi3}T1i4YA,tt"° )) , CITY AND COUNTY OF SAN FRANCISCO t 1, the undersigned, Assistant Secretary of THE AMERICAN INSURANCE COMPANY. 'a NEW JERSEY Corporation, DO HEREBY CERTIFY that the foreg:img and attached POWER OF ATTORNEY remain.: in lull Icrce and has not been revoked, and furthermore that Article Vlll. Se-ctiuns 30 and 31 of the Ry -laws of the Corpora;ion, and the Resolut,on of the Board of Directors. set forth in the Power of All.,rney, are now in force. Signed and sealed at the City and County of San Francisco. Dated the day 360546 ( 1,101 — TA — 11-76 19_ BOND FOP fM1'ROVI:M1-;NT (FAITHFUL PERFORMANCE) Tract No. _7654 Project R d X0081 Bond # 6317585 Pranium 1,618.00 WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and CORRALES ESTATES , whose mailing address is 2643 Fourth Avenue San% Dieao California 92103 , 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 7654 ) (Project LOS CORRALES ) 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 THE AMERICAN INSURANCE COMPANY whose mailing address is 508 California Street, San Francisco, as Surety, are held and Firmly bound unto the %City of San Juan Capistrano, hereinafter called City, in the penal sum OfTHRFE�UHUNDREnWENTY-THREE THOUSAND Dollars ($ 323,500.00 - ) 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.:a£ the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of San Juan Capistrano, its officers, agents and employees, as therein stipulated, then this obligation shall- become null and void; otherwise it shall be and remain in full force and effect. 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 WHEREOF, this instrument has been duly executed by the principal and surety above named, on June 22 1978 .' PRINCIPAL Y CORRALES ESTATES, A Joint Venture i -� BY: GENSTAR PACIFIC CORPORATION �6 n . Y John P. Hazel ne, Sr. ce President By - L �•-c Lewis Hutchins, Assistant Secretary �. BY: COP LSOCIA BY: —^//J�J`7- �--- William P. Kruee, partner SURETY THE AMERICAN INSURANCE'COMPANY , (Surety Name) By Martha Page�At✓torney-in-F'ac t NOTE: Acknowledgments of execution of Principals and Surety must be attached. Bond must be attached to Subdivision Agreement. f App. 6 State of California ) ) SS. County of Orange 1 On June 22 , 19 7e before me, the undersigned a Notary Public in and for said State, personally appeared John P. Hazeltine , known to me to be the seniorvice Pregiag r of GENSTAR PACIFIC CORPORATION and L. D. Hutchins , known to me to be the Assistant Secretary of GENSTAR PACIFIC CORPORATION, the corporation that executed the within instrument as a joint venturer of CORRALES ESTATES , the joint venture that executed the within instrument; said persons being the persons who executed the within instrument on behalf of said corporation, and said corporation, being one of the joint venturers therein named, and acknowledged to me that said joint venture executed said instrument and that said corporation, pursuant to its by-laws or a resolution of its board of directors, executed said instrument on behalf of said joint ve-ture. WITNESS my hand _ _ and official seal. �f -_ ♦♦♦♦•••♦♦♦♦♦••♦••♦••..•••••••. *0 OFFlC1Al SEAL � •GERMAINE B. GUNS ♦NOTARY PUBLICCOUNTY ORANGEGE<O:1NTY My Commission Expires lun. 2,1980 j 1111♦♦M•♦•••1••♦••••••••••••♦ Notary Public in and for said State State of Calif. ss. County of Orange on June 22, 1978 before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Martha Page known to me to be Attorney -in -Fact of The ATtler'Can Insurance Ccrnpany the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said rorporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. My Commission Expires ce X i97 JV 360212—"G j QFr'1CtAL S :.'1L J� _,�i , • GERMn_i�:c E. _CUNS a OdAfJCE C:.. :ry ♦ My Commission Expccs Jun. 2, 1980 STATE OF CALIFORNIA COUNTY OF SAN DIEGO June 7, 1978 said State, personally ss. before me, the undersigned, a Notary Public in and for William P. Kruer known to me to be One _the partners of the partnership that executed the within instrument and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. Signature Lafayette Name (Typed or Printed) 0 OFFICIAL SEAL JUDY M. LAFAYETTE „=m NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expires December 8, 1981 (This area for official notarial seal) GENERAL POZ'A7T4) R EY T AMERICAN INSURANCE MPANY • OF 'h?7n, HNEY 'KNOW ALL NEN BY THESE PAES : That THE AMERICAN INSURANCE COM Y, a Corpxrchon duly organized and existing under the laws of the State of New Jersey, and having its Home Office in the City and County of San Francisco. California, has made, • constituted and appointed, and does by these presents make, constitute and appoint MARTHA PAGE and RITCHIE E. GINGRICH jointly or severally. its true and lawful Atiorney(s)-in-Fact, with lull power and authority hereby conferred in its name, place and stead, to execute. seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obliga- tions in the nature thereof------------------------------------------------------------- and to bind the Corporation thereby as fully and to the some extent aE it such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary hereby ratifying and confirming all that the said Attorneys) -in - Fact may do in the premises. This power o1 atfomey is granted pursuant to Article VIII, Section 30 and 3i of By-laws cl THE AMERICAN INSURANCE COMPANY now in lull force and effect. "Aside Vlll. .Iypuinb.rwI and Authority ..I Rrsid.n/ azs;eiawt ti. rzr/anr. n..A .1 un. x. r -in -Farr and .lur.t, I.• arrryl Laat P,.,.. end stoke ayrraraxra. Sertion 30 Appointment. The Chmrman of the Board al Directors. the President, any Vice -President or any other person authorized by the Board of Directors, the (:ha ,.cm of the Board of Duectore, the President or any Vice -President, may, from time to time, app -mi Resident Assistant Secretaries and Attorneys -m -Fact to represent and act for and an behalf o1 the Coka rporatmn and Agents to accept legal process and mae ppaarancea lar and on behalf of the Corporation. Semon 31. A.Ikmire. Th, Authone, of s:.ch Resident P.ssstant Secremn.s. Alatrn,, nm Fact, and Agents sF.a:: ie sis pprescnbed m the instrument t eidencmg their api, po•nimenand any surh oppoimmeit and all authority gmnled thereby may be revoked at any time by the Board of D:recters or b) any person empowered to make such appainimen,' This power of attorney is signed and sealed under and by the authority o! the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly ca:led and held on the 28th day cl September, 1966. and that said Resolution has not been amended or repealed' "RESOLVED. that the signature of any Vice President. Assistant Secretary. and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating theretc. by facsimile, and any power of attorney, any revocation of any power ai aftcrney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." 111 WITNESS WHEREOF. THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate seal to be hereunto affixed this--7-thL—day of November 197. ds ✓aer_ eR.a STATE OF CALIFORNIA. 1 CITY AND COUNTY OF SAN FRANCISCO ss. THE AMERICAN INSURANCE COMPANY Vice-Prevdem _ — On this-7th—day of NDVember , 1977, before me personally come William W. Lauber to me known, who, being by me duly sworn, did depose and say: that he is Vice President of THE AMERICAN INSURANCE COMPANY. Ihe'Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his nome thereto by like order. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal, the day and year herein first above written. ®muuuunuuuunllltluunnnnnnunnnnu ■ OFFICIAL SEAL SUSIE K. GILBERT NOTARYPUBLIC- CALIFORNIA CITY d COU.NTY OF SAN FRANCISCO Mir Commission Exp;,ct Nov, 17, 1960 0111i1(taIII itlist 1LILa1�StL'1ftYN,VtA'""° CITY AND ICOUNTY OF SAN FRANCISCO J ss - CERTIFICATE Notary Public � 1, the undersigned, Assistant Secretory of THE AMERICAN INSURANCE COMPANY, a NEW JERSEY Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in lull lorca and has not been revoked, and furthermore that Article Vlll. Sections 30 and 31 o1 the Ry -laws of the Corporation, and the Re:olunon of the Board of Directors, set lorth in the Power of Att.irney, are now in force. Signed and sealed al the City and County of San Francisco. Dated the day of 19_ �to _"M X, _ � �? �, �- A iztont Secretory 360546 t HO I — TA — 1 1-76 I CONTRACT BOND -CALIFORNIA FAITHFUL PERFORMANCE -PUBLIC {YORK 0 Bond No. 6317586 / Initial premium charged for this bond is 10- subject men to adjustupon completion of contract at applicable rate on final contract price. KNOW ALL MEN BY THESE PRESENTS, That CORRALES ESTATES of 2643 4th Ave., San Diego, CA -as Principal, and add= THE AMERICAN INSURANCE COMPANY , a corporation organized and existing- under xistingunder the laws of New Jersey and authorized to transact surety business in the State of California, as Surety, 'are held and firmly bound unto City of San Juan Capistrano in the sum of Nine Hundred & N0/100 dollars $ 900.00 , for the payment where- of, well and truly to be made, said Principal and Surety bind them- selves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, that WHEREAS, the above -bounden Principal has entered into a Contract dated.. 6 197 , with the City of San Juan Capistrano to do and perform the following work, to wit; Subdivision Monuments in Tract 7654 NOW, THEREFORE, if the above -bounden Principal shall faithfully perform all the provisions of said Contract, then this obligation ' shall be void; otherwise to remain in full force and effect. Signed and sealed this 22nd day of June, 1978. ',A_' �.\ 1\ '•.\y x.41.. ����IWN —LIMMy o CORRALES ESTATES,.A Joint Venture Principal BY: GENSTAR RAf„IFC CORPORATION .ionn .-nazeitipe, sr. vice Fres. BY: Lewis utchlns, Assistant Sec. BY: C EC E At ATAT BY: Welham P. ruer, artne State of Cal -if. County ofa ss: ang On June 22, 1978 before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Martha Page .known to me to be Attorney -in -Fact of The Able iCaT1 Insurance Callpany the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the some. 114 WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. My Commission Expire sr� . �! lc"'L"r'-at "'U ♦ ,q}�; GUidS a N 360212--6-66 ♦ My Connissinn Expucs Jun. 2, 1480 c' w E V V F C EE Q 4 a v T « 0 E 6 STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss. On June 7 r 1978 , before me, the undersigned, a Notary Public in and for said State, personally appeared William P. KYuer known to me to be One _the partners of the partnership that executed the within instrument and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. Signature G�y Judy M. Lafayette Name (Typed or Printed) (This area for official notarial seal) OFFICIAL SEAL JUDY M. LArAYETTE w°a<`.:yi,o NOTHN'r Y6D46 h„[,rUhnlH PRINLPRL UtHUt IN My COmmission SAN DIEGO COUNTY Expires December 8, 1981 Name (Typed or Printed) (This area for official notarial seal) State of California ) ) SS_ County of Orange 1 On June 22 , 19 78 before me, the undersigned a Notary Public in and for said State, personally appeared John P. Hazeltine , known to me to be the Senior vice Precicient of GENSTAR PACIFIC CORPORATION and L. D. Hutchins , known to me to be the Assistant Secretary of GENSTAR PACIFIC CORPORATION, the corporation that executed the within instrument as a joint venturer of CORRALES ESTATES , the joint venture that executed the within instrument; said persons being the persons who executed the within instrument on behalf of said corporation, and said corporation, being one of the joint venturers therein named, and acknowledged to me that said joint venture executed said instrument and that said corporation, pursuant to its by-laws or a resolution of its board of directors, executed said instrument on behalf of said joint venture. i:ITNESS my hand and official seal. j••••••••••••••♦•••••••♦♦♦•••• ♦ OFFICIAL SEAL / �,„�-�;. GERMAINE B. GUNS /G�/�N' ♦ �; q�;vUElE COUNTY • � ORANGE COUNTY • ♦ MY Comn;ission Expires Jun. 2,1980 Notary Public in and for said State GENERAL POV.RA OF ATTORNEY P T AMERICAN INSURANCE WP - KNOW ALL MEN BY THESE PRESS That THE AMERICAN INSURANCE COMa Cor pwahon duly organized and existing under the laws of the Slate of New Jersey, and having its Home Office in the City and County of San Francisco. California. has made. constituted and appointed, and does by these presents make, constitute and appoint MARTHA PAGE and RITCHIE E. GINGRICH jointly or severally. its true and lawful Atlorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obliga- tions in the nature thereof------------------------------------------------------------- and to bind the Corporation thereby as fully and to the same extent as It such bonds were signed by the Resident, sealed with the corporate seal of the Corporation and duly atlested by its Secretary hereby ratifying and confirming all that the said Attorney(s)-in- Fact may do in the premises. This power of altomey is granted pursuant to Article VIII. Section 30 and 3i of By-laws cl THE AMERICAN INSURANCE COMPANY now in full force and effect. "Ankle Vlll. .lppui.b.. xt ..it A.M..rite ..( Rreidnrt :Is+bta.t S. rrnan... ..d .lea... a -i. -Farr and :timid U. arrear 1waa1 P,o c.. and Afek, Apr. meura. _ Section 30. Apppointment. The Chairman of the Board al Director. The President. any Vice -President or any other person authorized by the hoard of Directors. the Chairman of the Board at Directors. the President or any Vice -President. may, from time to time, appoint Resident Assistant Secretaries and Attorneys -m -Fact to represent and act for and an behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf at the Corporation. Se: tion 31. Aoherios. 'It., Authority of s:,cL Resident Assistant Serretcrts_ Guo: neysan-Fact, and Agenls sl:o:: ie p scnbed sn the mstrcaent +..dannng thtnr appo:nimenl, and any sad. appomtmenl and all authority grnmed thereby nay be revoked at any time by the Bcard of Directors or by any person emyowered to make such appmntrn nm - This power of aticlney is signed and sealed under and by the authority a! the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly cawed and held on the 28th day of September, 1966. and that said Resolution has not been amended or repealed: "RESOLVED that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of allomev, on any revocation o1 any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney. any revocation of any power of attorney, or certificale bearing such facsimile signature or facsimile sea) shall be valid and binding upon the Corporation." IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate seal to be hereunto affixed this -7th --day oL November , 197- THE AMERICAN 114SURANCE COMPANY '• %i:� Y'*a cps By _ SI -.QC Vice-Prcsidem STATE OF CALIFORNIA. - CITY AND COUNTY OF SAN FRANCISCO ss On IhisJ.th day of November . 1977 before me personally cameWilliam W. Lauber to me known, who, being by me duly sworn, did depose and say: that he is Vice President of THE AMERICAN INSURANCE COMPANY. the Corporation described in and which executed the above instrument; That he knows the seal of sold Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his home thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. IasiI wnnuuu it 111113131111 naumrluuuur■ OFFICIAL SEAL SUSIE K. GILBERT _3 7 T_ •-Zti t' �� ='` -- __ NOTARY PUBLIC -CALIFORNIA c -'�-- - - Notary Public CITY b COUYTY OF SAN FRANCISCO C CERTIFICATE CITY Eap;rres /Nine. 117, 1980 O ITITIIIIr1111111T1 J l5i i L Iaill.Hi�1t V11N Ii\,rirt� CITY AND COUNTY OF SAN FRANCISCO m 1. Lite undersigned, Assistant Secretary of THE AMERICAN INSURANCE COMPANY, 'a NEW JERSEY Corporation, DO HEREBY CERTIFY Thal the loregmng and attached POWER OF ATTOR14EY remain.: in full force and has not been revoked, and furthermore that Article VIII, Sevlions 30 and 31 of the Ry -laws of the Corporation. and the Resolution of the Board of Directors, set forth in the Power of Allsrney, are now in force. Signed and sealed at the City and County o1 San Francisco. Doted the day of �±�isia ant Secretary a 9co .360546(HOI —TA-- 11-76 CITY WRK'S DEPARTMENT - ACTIO- EMINDER TO: City Engineer (Marty Bryant, staff) FROM: City Clerk DATE: September 29, 1983 The City Council at their meeting of October 1, 1980, accepted the public improvements in Tracts Nos. 7654 and 9373. The Faithful Performance Bonds for those Tracts were extended to October 1, 1981 and not released at that time due to the fact that these bonds were mentioned in a lawsuit against Patrick Development. ACTION REQUESTED: Said bonds were not to be released until oked by the City Attorney that the lawsuit has been settled. Please check with the City Attorney and advise of the status and whether or not these bonds may now be released by your Division. The case nos. these bonds were mentioned in are 14359 and 30-76-71 ACTION TO BE TAKEN: eoniaac --, E�u\& 03"A' C�ncQllc� or 11-1-8t par ��}� `Cs�ACA actkcv� DATE WHEN NEXT ACTIONS) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAXING ACTION: CY1 DATE SIGNED: a3 41 ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** (all other bonds, including grading, have been released) (Patrick) SAN Jk:Pr4 i API',T4P CAl'1NIA 92675 PHONE 493.1171 August 6, 1981 Los Corrales Estates Tim Kruer 2643 Fourth Avenue San Diego, California 92103 Re: Release of Grading Sureties - Tracts 9373 and 7654 Gentlemen: At their meeting of August 4, 1981, the City Council authorized release of Grading Bonds SC6319178 in the amount of $500,618 (Tract 9373) and SC6317584 in the amount of $133,860 (Tract 7654), both from American Insurance Company. I£ you need additional information, please do not hesitate to give me a call. Very truly yours, MARY ANN HANOVER, CMC City Clerk MAH:ol cc: Director of Public Works rj 72400 PASEO AOELANTO ' SAN JUAN CAPISTRANO, CALIFORNIA 92675 k - `PHONE 495-1171 October 22, 1980 Patrick Development Company 2643 Fourth Avenue San Diego, California 92103 RE: Completion ofanPublic Improvements, Tracts 7654 d 9373 Gentlemen: Enclosed are copies of Resolutions Nos. 80-10-1-4 and 80-10-1-5, which were adopted by the City Council at their meeting of October.l. The Resolutions accept the work completed for the public improvements in Tracts 7654 and 9373. The following bonds from American Insurance Company will be released 35 days after recording of the Notice of Completion: Bond Amount Tract 9373 Labor & Materials No. 6319179 $793,200 Monumentation No. 6319177 7,200 Tract 7654 Labor & Materials No. 6317585 323,500 P9onumentation No. 6317586 900 The Notice was recorded on October 13, 1980; therefore, the bonds may be released on November 17, 1980. The following bonds from American Insurance'Company were extended to October 1, 1981: Tract 9373 Faithful performance No. 6319179 793,200 Patrick Development Company -2- October 22, 1980 Tract 7654 Faithful Performance No. 6317585 $323,500 Very truly yours, / /2� ��� � (MRS) MARY ANN HANOVER, 01C City.Clerk MAH/lrr Enclosures cc: American Insurance Company Director of Public Works Director of Administrative Services WHEREAS, the City Council of the City of San Juan Capistrano, County or Orange, State of California, and CORRALES ESTATES , whose mailing address is 2643 Fourth Avenue, San Diego, Caiitornia , hereinafter designated as Principal, have cnt_crc�d in (I an ayrecm(,nt whereby Principal agrees to igstall and complete certain designated improvements, which said agreement dated , 19 , and identified as (Subdivision Agreement for Tract No. 7654 ) (Project LOS CORRALES ) is hereby referred to and made a part hereof; and WHEREAS, Under the terms of said agreement, Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of San Juan Capistrano to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. • NOW, THEREFORE, said Principal and the undersigned as corporate Surety, are held firmly bound unto the City of San, Juan Capistrano, and all con- tractors, subcontractors, laborers, materialmen and other persons omplo,... 1 in the performance of the aforesaid agreement and referred to in the afore- said Code Of Civil Procedure in the sum Of THREE HUNDRED TWENTY THREE THOUSAND FIVE p[JTIn RFn Dollars ($ 323,500.00 ), 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 upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing su h.obligation, to be awarded and a sed 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 June 22 , 1.9 78 PRINCIPAL , CORRALES ESTATES, A Joint Venture BY: GENSTAR PACIFIC CORPORATION By John P. Ha ltine, S24 Vice President By ;Z z Lewis Hutc ins, Assistant Secretary B�: CO L S ASS 2'SAT$iS i3Y : William P. Kruer, P tner A SURETY THE AMERICAN INSURANCE COMPANY Surety Name) NOTE: Acknolwedgements of execution by Principals and Surety must be attached. Bond must be attached to Subdivision Agreement. Bond No. • Fract or Project No. 7654 BOND FOR 1MPROVI'MrPNTS Bond # 6317585 (LABOR AND MATERIALS) Premium $1,618.00 WHEREAS, the City Council of the City of San Juan Capistrano, County or Orange, State of California, and CORRALES ESTATES , whose mailing address is 2643 Fourth Avenue, San Diego, Caiitornia , hereinafter designated as Principal, have cnt_crc�d in (I an ayrecm(,nt whereby Principal agrees to igstall and complete certain designated improvements, which said agreement dated , 19 , and identified as (Subdivision Agreement for Tract No. 7654 ) (Project LOS CORRALES ) is hereby referred to and made a part hereof; and WHEREAS, Under the terms of said agreement, Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of San Juan Capistrano to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. • NOW, THEREFORE, said Principal and the undersigned as corporate Surety, are held firmly bound unto the City of San, Juan Capistrano, and all con- tractors, subcontractors, laborers, materialmen and other persons omplo,... 1 in the performance of the aforesaid agreement and referred to in the afore- said Code Of Civil Procedure in the sum Of THREE HUNDRED TWENTY THREE THOUSAND FIVE p[JTIn RFn Dollars ($ 323,500.00 ), 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 upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing su h.obligation, to be awarded and a sed 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 June 22 , 1.9 78 PRINCIPAL , CORRALES ESTATES, A Joint Venture BY: GENSTAR PACIFIC CORPORATION By John P. Ha ltine, S24 Vice President By ;Z z Lewis Hutc ins, Assistant Secretary B�: CO L S ASS 2'SAT$iS i3Y : William P. Kruer, P tner A SURETY THE AMERICAN INSURANCE COMPANY Surety Name) NOTE: Acknolwedgements of execution by Principals and Surety must be attached. Bond must be attached to Subdivision Agreement. state of Calif. t County of Orange On June 22, 1978 , before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Martha Page known to me to be Attorney -in -Fact of The Pmerzcan Insurance caripany :he corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. 117 WITNESS WHEREOF, I have hereunto set my handand affixed my official seal, the day and 1.1y Commission Expires a �r� 360212-6-66 State of California ) ) SS. County of Orange Z his certificate above. so4oea++' ^e a -a ,•ceHN C,XAi^:z C. -NIA CRANGE CG'UNIY My Commission Expires Jun, 2, 1980 On June 22 , 19 78 before me, the undersigned a Notary Public in and for said State, personally appeared john P. Hazeltine , known to me to be the Senior vice PrPRidpnt of GENSTAR PACIFIC CORPORATION and D. Hutchins , known to me to be the Assistant Secretary Of GENSTAR PACIFIC CORPORATION, the corporation that executed the within instrument as a joint venturer of CORRALES ESTATES , the joint venture that executed the within instrument; said persons being the persons who executed the within instrument on behalf of said corporation, and said corporation, being one of the joint venturers therein named, and acknowledged to me that said joint venture executed said instrument and that said corporation, pursuant to its by-laws or a resolution of its board of directors, executed said instrument on behalf of said joint venture. WITNESS my hand and official seal. ••••••••••••.•...............� jOFFICIAL SEAL • /,/(/ •OMY GERMANE B. GUNS 'j,�yt�PL(�cc-C/ c'¢�• ORANGE CCii.):-ITY r -. Commission 0♦oto♦♦NExpires ••••1•980 Notary Public in and for said State STATE OF CALIFORNIA COUNTY OF SAN DIEGO aa. 7 On June 7, 1978 before me, the undersigned, a Notary Public in and for Willem P. Kruer said State, personally appeared known to me to be One .—the partners of the partnership that executed the within instrument and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. Signature Judy M. LafayettIK Name (Typed or Printed) (This area for official notarial seal) mw%'tititi'.M1514WhW.YRWd.VL OFFICIAL SEAL JUDY M. LAFAYETTE NOTARY PUBLIC - CALIFURNIA f } / k} PRINCIPAL OFFICE ' My Commission SAN DIEGO COONN Expires December 8, 1981 Judy M. LafayettIK Name (Typed or Printed) (This area for official notarial seal) G`rNERAL POWER OF T AMERICAN INSURANCE PANY �eA',�{(.'.lNEY /r- ENGSW ALL MEN BY THESE PRESE That THE AMERICAN INSURANCE COMP a Corporation duly organized and existing under the laws of the State of New Jersey, and having its Home Office in the City and County of San Francisco, California, has made. constituted and appointed, and does by these presents make, constitute and appoint MARTHA PAGE and RITCHIE E. GINGRICH jointly or severally. its true and lawlul Attorneys) -in -Fact, with full power and authority hereby ccn!e:red in its name, place and stead, to execute. sed, acknowledge and deliver any and all bonds, undertakings, recognizances or other Written Obliga— tions in the nature thereof------------------------------------------------------------- and to bind the Corporation thereby as fully and to the same extent as it such bonds were signed by the Resident. sealed with the corporate seal of the Corporation and duly allested by its Secretary hereby ratifying and confirming all that the said Atlorney(s)-in- Fad may do in the premises. This power of attorney is granted pursuant to Article Vlll. Section 30 and 31 of By-laws of THE AMERICAN INSURANCE COMPANY now in lull force and effect. "Arlide Vlll. Aprwinteret and Authority ,.f Rrsidr.r Aestare.l .,.d .Iu., n. nJn-Farr ..it A.a.r, t.. arcryt Leval Proeu, aad Mak, .tnl. a,aners. Section 30. Aypoielmeet. The Chairman of the Board of Directors. the Presidew. any Vice -President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President at any Vice -President. play. Iron time to time, appcim Resided Assistant $epetpriee and An.meys-m-Fad to represent and oct for and on behalf of the Corporation and Agen4 to accept legal process and rake appearances for and on behalf of the Corporation Semon 31. Aolhvriry. The Authority of snob Resident Assistant Senetan.s. Auomeysan-Fact. and Agents sl:a:: ece as F-escabed in the inti sent evidencing their appointment, and any such appomiment and all authorety grunted ih.mby nay be revoked at any it.,. by the Beard of Directors or bt any person empo,nered to make each apnomimem " This power of attorney is signed and sealed under and by the authority o! the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly ca:led and held on the 28th day of September, 1966. and that said Resolution has not been amended or repealed: "RESOLVED. that the sigralure of any Vice -President. Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal o1 this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or o.-, any certificate relating thereto by facsimile, and any power of attorney, any revocation of any power of attorney, or certilicate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF. THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate seal to be hereunto affixed this-7-tILday of November 197. THE AMERICAN 114SURANCE COMPANY Vice-Prcvdent STATE OF CALIFORNIA. CITY AND COUNTY OF SAN FRANCISCO ss. On this-7th—day of NDYember , ig77 before me pe.rsonclly came Ili am_W: Lauber to me known, who. being by me duly sworn, did depose and say: that he is Vice President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed W the said instrument is such corporate seal; thal it was so affixed by order of the Board of Directors of said Corporation and that he signed his name Ibereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand orad affixed my official seal, the day and year herein first above written. Bt 44u nimitI nunnu4mm�uuulumnn■ OFFICIAL SEAL SUSIE K. GILBERT NOTARY PUBLIC - CALIFORNIA c CITY S C0091Y OF SAN FRANCISCO = My Commission Ez94cs Nov. 17, 1980 = 011111117111141111J�U IIL'L lt'LLI111rrtlrllkLA„a,b 1 CITY AND COUNTY OF SAN FRANCISCO / CERTIFICATE Notary Public 1, the undersigned, Assistant Secretary of THE AMERICAN INSURANCE COIAPANY, *a NEW JERSEY Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remanu in hall force and has not been revoked, and lurlhermore, that Article Vlll. Sc-cifens 30 and 31 of the Ry -laws of the Corporaliun, and the Resolution of the Board of Directors, set forth in the Power of Alt.uncy, we now in lorce. Signed and sealed at the City and County of San Francisco. Doled the day of }'i� `A®'s i A ixtam Secretary rho COQ 360546(HO) — TA — 11-76 MEMO TO FILES 167 and 223 re Tracts 7654 and 9373 Marty Bryant talked to the City Attorney this date and was advised that the Cityshould always take Notices of Completion on the tracts and the intent to release the surety. This is sometimes necessary before action can be taken on pending lawsuits. In this particular instance, the City Attorney will try to resolve any questions during the 35 days from recording the Notice. Cheryl 9/30/80 32400 PASEO ADELANTO • SAN JUAN CAPISTRANO, CA 92675 (714) 493-1171 B John Parise E N Attorney at Law 0 1055 North Main Street, Su. 1004 T Santa Ana, CA 92701 0 /I-NVOICE NUMBER�\ 1013 DATE 1 �31 7 9 DESCRIPTION AMOUNT --"N Xerox copies of Subdivision Agreements and bonds for Tracts 7654 and 9373 22 pages @ 10� per page $2.20 Postage .67 4 C. k if LVfzo�" TOTAL AMOUNT DUE 10-r$2.87 I YOUR CANCELLED CHECK IS YOUR RECEIPT FORM AS -1 678 ORIGINAL