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