Loading...
1977-0615_CORRALES ESTATES_Subdivision Agreement Recorded at the request of,y RECORDING FEES EXEMPT DUE TO and return to,& 40274 GOVE T CODE SECTION 6103 City of San J Capistrano City Clerk' s Office By _ tv�q. Deputy 32400 Paseo Adelanto MARY ANN HANOVER, Ci�Ny Cleq� S'an Juan Capistrano, CA 92675 San Juan Capistrano, Califothia Tract No. 9373 EXEMPT C5 SUBDIVISION AGREEMENT _ m ye THIS AGREEMENT, made pursuant to the provisions of Division 2 N I of Title 7 of the Government Code of tho State of California, by and N between the CITY OF SAN JUAN CAPISTRANO, a'Mu-iicipal Corporation, hereinafter called the "City" and CORRALES ESTATES oa whose mailing address is 10509 San Diego Mission Road, Suite A, -� San Diego, California 92108 ... hereinafter called the "Subdivider". WITNESSETH: THAT, WHEREAS, Subdivider has filed with the Planning Commission of the City, a tentative map for a proposed subdivision, known as Tract No. 9373 which has been conditionally approved by the City- Council;andand - 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 the 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 j the approval of the said tentative map, the Subdivider hereby under- takes, 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 Director of Public Works and specified by the Specifications of the City of San Juan Capistrano, which plans and specifications are on file in the office of the Director of Public Works 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, cress- yatters and sidewalks, installation of storm 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 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 condition of the approval of the tentative subdivision. i 2. Subdivider will, at his (its) own cost and expense, provide and install all on-site and off-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 14, 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 will reimburse the City for any engineering costs (including plan checking, inspection, testing, n.•terials furnished, u,�erhead and other incidental expenses) incurred by the City in the i processing of the Tract and in the installation of the improvements hereinabove provided. In +scortaininq the amount of such costs in- curred by Che City, the cost report of the City Finance Director shall be prima facie evidence of the true cost of the engineering services so performed by the City. i LA • • Tract No. 9373 ,~ 4. It is agreed by and between the parties hereto that the total estimated cost of said work and improvements is $793,200.00 • 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 m of the said work and improvement, conditioned upon the faithful per- formance of this agreement, and (b) an additional amount equal to the total estimated cost of the said work and improvement securing payment. W to the contractor, his subcontractors, and to persons renting equip- V1 f ment or furnishing labor or materials to them for the improvements. 6. The Director of Public works of the City of San Juan Capistrano may make such changes, alterations or additions to the plans and speci- fications 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 r and to pay all costs specified herein within a period of 12 months from the date hereof. S. 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 here- under shall be kept in full force and effect until said work and im- provements shall be deemed complete, approved and accepted as completed i 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 said City, upon demand, all of i the cost of any of said work done by the City, its agents and con- tractors, or any of them, to complete all or any part of said work. ! 10. Subdivider agrees to pay City such sum as the Court may adjudge as reasonable for the legal services of any attorney representing the ' City in any action brought to enforce or interpret the obligations of j this instrument, and such sum shall be made a part of any judgment in sdch 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 i I happening or occurring to the improvements specified in this agreement i prior to the completion and acceptance of said improvements by the City. I 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 i 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 emissions of the i Subdivider, his contractor, subcontractors, agents or employees in the performance of this agreement. i TO 442C O (Partnership) STATE OF COUNTY CALIFORNIA 1 ) SS. 8K 12256P61137 On 1 �A )} before me,the undersigned, a Notary ubl�'c m and for said State, personally appeared L�.+ll�\z\An �. Kr2u e.R appeared—______ w W w x known to me w J to hedh+'� of the partners of the partnership a -- f that executed the within instrument, and acknowledged to me all that such partnership executed the same. WITNESS my hand and official seal. y�-- OFFICIPI- SEAL Signature�—CQttn-Lj _ T e LOONIII r MA H �Rr,IA O'c-kk C �.rCO N f 4,) NOT0r2� OFF�iUL Name (Typed or Printed) T Fs" J S �, .4,^ril 22N La . My issen , is area for official notarial seal) TO 446 C (Corporation as a Partner of a Partnership) STATE OF CALIFORNIA ^ l COUNTY OF �av{�1 x�`"Try ) On 7/ t 4 77 before me,the in ersiguad, a Notary Public in and for said State, personally appeared��'� ffiT q known to me to be the la President, and — -- - - is - $e _ W '4^ _the lenrpora[iou that executed w the within instrument and known to me to be the persons who j executed the within instrument on behalf of said corporation. e( said corporation being known to me to )e one of the partners of I­ r gcl=RnLz5 Sd S , the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and OFFICIAL SEAL list such partnership executed the same MATHEW LOONIN W1TNE y h ' I seal. NOTARY PUBLIC - CALIFORNIA Signature __ lll���AAALLL(((��ff rr PR;,C.PAL OFFICE IN iy g'� $Pk DIZIIJ It JUNTY MY Co.nmission Exp",-- April 22, 1980 Name (Typed or Printed) (This area for ollleiat notarial feat) i • act No. 9373 '! -Executed at San Juan Capistrano, California this 15th day of June 1977 SUBDIVIDER* CORRAT.ES ESTATES, A JOINT VENTURE i ATTEST: �/ By. Cor S O flab `%�-- By 1 San Juan - z istrano City Clerk BY: BroaIneg I APPRO AND RECOMMENDED - FOR EXECUTION: B ^\ Rol d s9O , Exec. Vice President OF SAN JU CAPISTRANO Director of lic Works /� By Managyr f orange Coanty VON O. HECKSCHER, MAYOR Wat(works, District #4 APPROVED A$ 0 FORM (J• d9 � ity Attorney NOTE: Improvement Bond and Material Labor Bond must b tac e e to this Agreement. • Partnerships, joint ventures, and other corporate entities should r contact the San Juan Capistrano City Attorney for acceptable form _ .' of execution. RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFr)91VIA I 5 Pani. 1 P.M. JUN 22 1977 j J.WYLIE CARLYLE,County Recorder I I I 1 i ' I 1 l 9. AUTEORIZATION TO RELEASE GRADING SURETY, TRACT 9373, SAN JUAN CREEr AOAU (PATRICK) V(38) As set forth in the report dated August 41 1981, from the (49) Director of Public Works, release of the following Grading (85) Bond was authorized: Bond No. SC 6319178, held by American Insurance Company, in the amount of $500,G g��f/g ► AGENDA ITEM AUGUST 4 , 1981 T0: Stephen B. Julian, City Manager FROM; W. D. Murphy, Director of Public Works SUBJECT; Release of Grading Surety, Tract 9373 Camino La Ronda (Los Corrales) SITUATION The developer has completed all the grading and drainage improvements for Tract 9373 . 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 6319178 American Insurance $500 , 618 . 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 9373 . 2. Do not authorize staff to release the grading surety for Tract 9373 . 3. Refer to staff. RECOMMENDATION By motion, authorize staff to release the grading surety, in the amount of $500, 618 . 00 for Tract 9373. Respectfully submitted, W. D. Mu p W. D. M WDM: JGG/nep Attach. . .. FOR CITY COUNCIL AGENDA .. • • k A /� JUL 17 CORRALES ESTATES • 2643 Fourtn �4'v6nu6San Diego, California 92103 (714) 231-3637 July 14, 1981 Mr, Joseph Gaffney Assistant Building and Grading Engineer City of San Juan Capistrano Engineering Department 32400 Paseo Adelanto San Juan Capistrano, CA 9267$ Re : Bond No. SC 6319178 Dear Mr. Gaffney: Please accept this letter as our request for the City to release our grading bona No. SC 6319178 for Tract 9373• The grading has been completed and approved by the City. The bond from Firemans Fund was issued through Reed Stenhouse Inc. Your assistance in this matter is appreciated. Very truly yours, COR�AIES ESTATES George T. Kruer cc: Nancy Owens Reed Stenhouse Inc . a potrickdevelopment 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 FAPM11OUSE REHABILITATION (23) Written Communications: (38) Report dated 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: Total Project Cost $89,699.00 Less 108 Retention 8,969.90 Less Previous Payments 72,751.50 Total Due $ 7,977,60 Acce tante 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 5AN 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 I REVOCATION OF MERCHANT PATROL LICENSE (VIEJO SECURITY) r (65) At the request of the City Attorney, the item was continued to the meeting of October 15, 1980. i RESOLUTIONS, NOTICES OF COMPLETION •AND RELEASE OF SURETIES, TRACTS 7654 AND 9373 PATRICK DEVELOP:IENT) (38) Written Communications: (85) Report dated October 1, 1980, from the Director of Public Works �j advising that the public improvements for Tracts 7654 and 9373 have been completed and requesting release of bonds. Acceptance o£ Work: was moved by Coiuncilman 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 OF TUC CITY OF_lAN 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, COMPL!ON OF PUBLIC IFIPROVEMENTS - TRACT 9373 - A RESOLUTION OF TILE CITY COUNCIL OF T!!E CITY OF SAH JUAN CAPISTRANO, CALIFORNIA, i 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, Suchheim and Mayor Hausdorfer NOES: None ABSENT: None - + The Resolutions accept the public improvements and direct the i City Clerk to forward the Notice of Completion to the County _ I 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. 617585 $323,500 Monumentation No. 6317586 900 1 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 I - � TRACT 9373 Faithful Performance No. 6319179 793,200 ADMINISTRATIVE ITEMS DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT ) t 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 i for parking lot landscaping. . Applicant: Cal forma 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 j the conformation of the wheelchair ramp; Mr. Warcup agreed I to re-work the ramp to improve accessibility. Approval of Amended Conditions: it was niovcd by Councilman Pr ess, seconded by Councilman ! Schwartze and unanimously carried to confirm the Conditions i -11- 10/1/80 ' i Ir • • 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 accented 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 %'O 5I3= � -f;� 9 Bond 6319179 793,200 Labor & Materials Bond 6319177 7,200 Monumentation Tract 7654 Bond 6317585 323 ,500 Faithful Performance Bond 6317585 323 ,500 Labor & Materials Bond 6317586 900 Monumentation 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. FAR CITY COUNCIL AGLPNDA ..; : . . . . �— Tracts 7654 and 9373 (Patrick) -2- October 1, 1980 RECOMMENDATION 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, LA) 4 J �JC W. D. Murphy WDM:MB/rem Encls. • Bib No: 6319177 rR 9 3 93 KNOW ALL MEN BY THESE PRESENTS: LPIP That Corrales Estates , as and hereinafter referred to collectively as ' Principal' , and The American Insurance Company , a corporation organized and existing under the laws of the State of New Jer f , and duly authorized to transact surety business in the State of California, as and hereinafter referred to as "Surety", are held and firmly bound unto the City of San Juan Capistrano, hereinafter referred to as the "City" , in the sum of Seven Thousand Two Hundred Dollars ($7,200.00) for payment of which Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally as follows: THE CONDITION OF THE ABOVE OBLIGATION IS THAT: WHEREAS, Principal has presented to the City Council of the City of San Juan Capistrano, for its approval , a Final Subdivision Map of Tract No. 9373, which said map carries the Engineer's or Surveyor's certificate that the monuments will be set on or before a specified later date; and, WHEREAS, this bond is given to insure the setting of such monuments and to guaran- tee payment to the Engineer or Surveyor for setting such monuments in said Subdi- vision, and as a prerequisite for the approval of said Final Subdivision Map. NOW, THEREFORE, the condition of this obligation is such that if the Prinicpal shall cause such monuments to be set and shall pay the Engineer for setting such monum nts in the manner and within the times specified in Business and Professions Code 11592, then this obligation shall be null and void; otherwise, the Surety agrees to pay the same in an amount not exceeding the amount of this bond. PROVIDED, FURTHER, that in case suit is brought upon this bond by 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 Prinicpal or Surety. IN WITNESS WHEREOF, Principal and Surety have caused these presents to be duly signed and sealed this 8th day of June 19_77 The American Insurance (Surety) By: _ L klippen, Attorney in-Fact CO7AN T , A JOINT VENTURE Bys �a s Willi am By: Bro io H mes, Ings . By: R and F. Osgo d, Executive Vice President TO 996 C (Corporation as a Partner of a Partnership) STATE OF CALIFORNIA � {� SS. COUNTY OF Q p%GV 1-��A� On 7. 9�� - before me, the mdersigned, a Notary Public in and for said State, personally appeared Siam 0 C&CA is C� , known to me to be the of President, sod - - - i_the rc X Scala, ' e-. , the corporation that executed La the within instrument and known to me to be the persons who n executed the within instrument on behalf of said corporation. r said corporation being known tometo be one of the partners of CCCifl al.fl�i Pte.\�S the partnership p `ICTAL L-�L That executed the within instrument, and acknowledged to me w NIAfHE' OI that such corporation executed the same as such partner and wy NO t .,C CALIFORNIA that such partnership executed the .same O,FlCE IN WITNE is sealp Fy ,� „ L, ;owvry Signature �•++-�•J"'� MY Coma+�ssion ,.'rs Anri Imo.: Name (Typed or Printed) TO aaz c O (Partnership) STATE OF CALIFORNIA SS. COUNTY OF On a�V� 9-T"1 before me,the undersigned, a Notary P'jlc sand for said State, personally appeared U-j lU tz1�11► al Y. P+(2• re 2 _ w _ known to me ato be O1_�� _-_of the partners of the partnership F that executed the within instrument, and acknowledged to me at that such partnership executed the same. WITNESS,^my,hand and official seal. a p r��Clr,l SL-AL to Signature MNer"eo K "0 22, 19801 Name (Typed or Printed) M9 O �n{sst>n�. (This area for official notarial seal) ACKNOWLEDGMENT BY SURETY CALIFORNIA STATE OF ) ORANGE lss County of S JUNE 1977 On this B ETT . rf t oor14ay of ,before me personally appeared ,known to me to be the Attorney-in-Fact of THE AMERICAN INSURANCE COMPANY the corporation that executed the within instrument,and acknowl- edged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal,at my office in the aforesaid County, the day and year in this certificate first above written. Notary Public inppppj•••••••••••••••••••••••••• (Seal) County of • OFFICIAL SEAL • • �� CURL A.PUBLIC LIC CAL ROTH PRINTED IN V.S.A. S-230 R3 10/72 • .RL PUBLIC CALF OTT PRINCIPAL OFFICE IN • ORANGE COUNTY o "AY Commission Expires Aug. 29, 1977 Bond No. 6319179 . Tract No . -- �r Project BOND FOR IMPROVEMENTS (LABOR AND MATERIALS) WHEREAS, the City Council of the City of San Juan Capistrano , County of Orange, State of California , and Corrales Estates , whose mailing address is 10509 San Diego Mission ., a A man sego, 1 ornia ?2108 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 No. 9373 ) (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 3062) 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 Seven hundred ninty-three thousand two Pad- Dollars ($ 793,200.00 ) , 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 e.,forcing 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 June 8 , 19 77 PRINCIPAL SURETY CORRALES ESTATES 0 A—JOINT VENTURE By: o ra 'AssAi4esl The American Insurance Company_ By 11A ULL (Surety Name) William Patrick Kr '. By: Broadmoor HgqLes I c. ---`— - By By A Roland F Osgood, c. Vice President (At rue, crw Address of 5ubdivi r: Betty Fli pen 10509 SanDiego Mission Rd. Suite A, San Diego it California 92108 NOTE: Acknolwedgements of execution by Princi.pals and Surety must be attached. Bond must, he attached to .,ubdivisi.on Agreement . App. 7 TO 442 C (Partnership) T], STATE OF CALIFORNIA COUNTY OF Sjh t QAW Y SS. i before me,the undersigned, a Notary Public antr said State personally appeared W W W_ W -- known to me i to be ,of the partners of the partnership t that executed the within instrument, and acknowledged to me m that such partnership executed the same. ,,... WITNELS.my�hand and official seal. ` OFFICIAL SEAL- Signature `^ Tt1EW L `�-� ngAOONIN ` INotAOY PUBLIC CALIFORNIA PRINCIPAL Office 18 DIEGO COUNtY Name (Typed or Printed) 22. 1"0 Ny Canino' is ExP+rea AprO (This am for aMi, s.aa ial oath TO 466 C (Corporation as a Partner of a Partnership) STATE OF CALIFORNIA SS. COUNTY F se k l2- p_ __ T On � La..Q �� ` y�� , before me,the ndersigned, a Notary Public in and for 0. said State, personally appeared , known to me to be the w «President, and _ , ItffiITm"�CDZne-te$a the a t59--'( ,the corporation that executed W the within instrument and known to me to be the persons who I executed the within instrument on behalf of said corporation. < said corporation being known to me to he one of the partnere of the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner end L 5E7`3' that such partnership executed the same C)FF1CIP' OON1N WITNES y , 1 ca (d1A1NEW L Fuboc CAUFONMA fice Signature _ _ NOIA�INC%FNL Ofcour IN ,1 , `1 I .,.,` PR 0 COUNtY 1M &Q,T�s LwJ �4O : Aj 7 I-J sAh OIEG AP rN zz. ExPtrss Name (Typed or Printed) My Commission ACKNOWLEDGMENT BY SURETY STATE OF CALIFORNIA ) ORANGE } ss County of ) On this 9 day of 11114 E 11177 ,before me personally appeared BETTY FL 1 PPEN ,known to me to be the Attorney-in-Fact of Til r, AMERICAN INSURANCE COMPANY the corporation that executed the within instrument,and acknowl- edged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal,at my office in the aforesaid County, the day and year in this certificate first above written. Not ay�AlWicrtR�lie♦aL3eWfi♦♦♦ ♦fTiF07��♦♦� I - 1ZA,t FICIAL SEAL (Seal) Coultyof 1 �1 DURL A. WINTERROTH i S-230 R3 30/72 rARY PUBLIC CALIFORNIA PRINTED IN U.S.A. PRINCIPAL OFFICE IN GRANGE COUNTY My Commission Expires Aug. 29, 1977 Bond No. 6319179 Tract No. 9373 • r Project BOND FOR IMPROVEMENTS C ' ' r, `.• n�i Ir:`` f J", In/� r�� (FAITHFUL PERFORMANCE) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Corrales Estates , whose mailing address is 10509 San Diego Mission Rd., Suite A, San Diego, California 92108 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 9373 ) (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 P. 0. Box 3136, San Francisco, California 94119 as Surety , are held and firmly bound unto the Ci �vel?i£h [ eg $ t�- �rtffig6,7�preinafter called City, in the penal sum Of two hundred Dollars ($ 793,200.00 ) 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 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 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 Jane g , 19.77 PRINCIPAL SURETY CORRALES ESTATES, A JOINT VENTURE B_y:- rales o The American Tnsuran By: o (Surety Name) ram rice ue By: Broadmoor Ho s --^ . - "-- Hy ',-- Inc.U By r - -- - — Rol d sgoo ;, Exec. Vice President A rney-in t) Address, of Subdivider: Bet y Flippen 10509 SanDiego Mission Rd., Suite A San Diego, California 92108 NOTE: vcknowledgments of execution of Princi.pals and Surely must. be. . attached. Bond must be attached to Sid)div:ision Ac,i'cement. App . 6 TO 442C O (Partnership) STATE OF CALIFORNIA (� COUNTY OF } SS. On Jv...; 77 1177 , before me,the u erhign l Notary PublicP a for said State,personally appeared W R W X known to me W to be m ka of the partners of the partnership a H that executed the within instrument, and acknowledged to me that such partnership executed the same. -WITNESS my hand and official seat. Signature 1' ., s L!f 1►1 �y � ori22 1986 Name (Typed or Printed) �. �'�^'� Ei. ,v,_ Mi (This area far oMetal notarial seal) TO 446 C O (Corporation as a Partner of a Partnership) STATE OF CALIFORNIA SS. COUNTY OF'� /I On as &�� � before me, the undeerligned, a Notary Public in and for �said State, personally appeared "r 14�-��� V3ndit known to me to be the W _���Pres'ident, and —. - ._ t,o 14r a , the corporation that exec cd W I W the within instrument and known to me to be the persons who SEAL j executed the within instrument on behalf of said corporation. 0 FICIAL a said rnrporaticn being known tom to fje one of the partners of04� MA-fHElf�l LOONIN m 6�4 ff ALd�i '1a7� 1�,\'� the partnershipNOTM1aY pugs lC - CALIFORNIA that executed the within instrument, and acknowledged to me PRnaC,PgL OFFICE INthat such corporation executed the same as such partner and Sp,Y 0&,0 couIll'?that such partnership executed the same. resApe" MY Cum isslon Exp' 22. 1980 WITNESS y hind and o tial seal. _����' Signal ure_� \ -�nL.aA+{- Name (Typed or Printed) (This area for 4Metal notarial seal) ACKNOWLEDGMENT BY SURETY CALIFORNIA STATE OF ) ORANGE yss County of l g JUNE 1977 On this Br-* pFNIay of ,before me personally appeared ,known to me to be the Attorney-in-Fact of THE AMERICAN INSURANCE COMPANY the corporation that executed the within instrument,and acknowl- edged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal,at my office in the aforesaid County, the day and year in this certificate first above written. � Notary Public in�teVf♦♦�•♦�♦♦♦♦♦♦♦•♦♦♦♦♦•♦♦♦••♦ ♦ OFFICIAL SEAL (Seal) County of • D U R L A. WINTERROTH i 5-230 R3 30g2 ♦ •_rARY PUBLIC CALIFUn NI.; 4PRINTED IN U.S.A. / PRINCIPAL OFFICE IN ♦ ♦ - ORANGE COUNTY a My Commission Expires Aug. 29, 1977 4# , 1 JOHN S. PARISE ATTORNEY AT LAW RECEIVED 2 1055 NORTH MAIN STREET,SUITE 1004 r qp SANTA ANA,CALIFORNIA 92701 he // IV 49 9 IRI 179 3 TELEPHONE (714) 550-1555 Y� W CITY OF 4 SAN JUAN Y Plaintiff CAPISTRANO 5 Attome fro 6 7 8 MUNICIPAL COURT OF THE STATE OF CALIFORNIA, SOUTH ORANGE 9 JUDICIAL DISTRICT FOR THE COUNTY OF ORANGE 10 11 TIDAL WAVE WATER TRUCKS, INC. , ) NO. 14360 1 a California corporation, ) 12 ) NOTICE OF CLAIM AND Plaintiff, ) COMMENCEMENT OF 13 ) LITIGATION PROCEEDINGS VS. ) AGAINST IMPROVEMENT 14 ) SECURITY PURSUANT TO CORRALES ESTATES, a partnership; ) GOVERNMENT CODE 15 CORRALES ASSOCIATES, a partnership; ) SECTIONS 66458 , 66462 HOME FEDERAL SAVINGS AND LOAN ) AND 66499, et seq. 16 ASSOCIATION OF SAN DIEGO, a corpo- ration; PATRICK DEVELOPMENT COM- ) 17 PANY, a corporation; PETER M. OLAH, ) an individual and doing business as ) 18 OLAH EQUIPMENT COMPANY; THE AMERICAN ) INSURANCE COMPANY, a corporation; and ) 19 DOE 1 through DOE 500, inclusive, ) 20 Defendants. ) 21 22 TO: THE CITY OF SAN JUAN CAPISTRANO: 23 YOU ARE HEREWITH NOTIFIED that an action has been commenced 24 in the above-entitled court, as captioned, and identified as 25 Case No. 14360 , to recover the sum of $3 ,713. 25, costs of 26 litigation and attorney' s fees as may be allowed against the 27 Improvement Security in the nature of various payment bonds 28 (including Bond No. 6319179) now on file with the City of San v C =�, 1 Juan Capistrano for' a Subdivision Work of Improvement on Tract 2 No. 9373 . 3 You are requested not to exonerate the subject bonds on 4 file with you without fully complying with Section 66499. 7 of the 5 Government Code (formerly Business & Professions Code Section 6 11612 (h) ) of the State of California. 7 DATED: February , 1979. 8 9 PAR `E 10 4Etorney for Plaintiff 11 12 V 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- VERIFICATION STATE OF CALIFORNIA,COUNTY OF 1, the undersigned, say (check applicable paragraph): ❑ 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 I believe them to be true. ❑ 1 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. ❑ I am one of the attorneys for - E] 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. 1 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 on 19—. ppR��p �F �Ry cE g� �vtp I (Signature) NOTICE OF CIA1rI AND COP�tENCEPtE3VP OF LITISAGAINST IMPRCVOtENT SECURITY 1 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 1055 N. Main St. , Ste . 1004 , Santa Ana, California. On February a7(o 1912, 1 served the above document on the 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 coro_ oration 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Executed-on February 12� 1979', Santa Ana California. (check applicable paragraph below) ® (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 r of this court at whose direction the service u as made. _ t.! �` (Signature) CITY WRK' S DEPARTMENT - ACTIOSMINDER TO: City Engineer (Marty Bryant, staff) FROM: City Clerk DATE: September 29 , 1983 SITUATION• 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: LL "'� !sof 1�i C�OY��c3ClQG �V\C� �4fd C�Y�C��tQC� DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: M DATE SIGNED: 3-a3—K�A ***FOR CITY CLERK' S DEPARTMENT USE ONLY*** Tickler Date / 9/29/83 / / / / / Deadline Date / / File Nos. 38 - 167 & 223 (all other bonds, including grading, have been released) (Patrick) l.:.tOU PASEO ADEL.ANTO SAN JUAN [ALIFOFNIA 92675 -J l' PHONE 0931171 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. If 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 ZZZir�/r�rii� 32400 PASEO ADELANTO SAN JUAN CAPISTRANO,CALIFORNIA 9.'675 PHONE 495-1171 October 22 , 1980 Patrick Development Company 2643 Fourth Avenue San Diego, California 92103 RE: Completion of Public Improvements , Tracts 7654 and 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 Monumentation 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 , (MRS) MARY ANN HANOVER, 01C City .Clerk MAH/lrr Enclosures cc: American Insurance Company Director of Public Works Director of Administrative Services 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 City should 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 i I 32400 PASEO ADELANTO • SAN JUAN CAPISTRANO, CA 92675 INVOICE NUMBER (714)493.1171 10.1. 3 s John Parise DnrE N Attorney at Law D 1055 North Main Street, Su. 1004 1 31 79 T Santa Ana, CA 92701 DESCRIPTION AMOUNT Xerox copies of Subdivision Agreements and bonds for Tracts 7654 and 9373 - 22 pages @ 10C per page $2 . 20 Postage °;= 67 V t 4 ! k y < b v Y • f y '• A Io r t ` A �t 41, ' - TOTAL AMOUNT DUE No- $2. 87 YOUR CANCELLED CHECK IS YOUR RECEIPT FORM ASA 9-78 ORIGINAL sradnv®us.nw x,.e.mv.o.e ene wn..po n,..aw mcr®ww...w..0 w.p. .n a.ote.a .3,4",e27. JOHN S. PARISE 27L ATTORNEY AT LAW1055 NORTH MAIN STREET,SUITE 1004 SANTA ANA,CALIFORNIA 92701 - - 4• t_;r`. SU CITY CLERK, CITY OF SAN JUAN CAPISTRANO, a municipal corporation 32400 Paseo Adelanto San Juan Capistrano, CA 92675