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1979-1127_COLLINS / DIVERSFIED_Subdivision AgreementRECORDED AT REQUEST OF AND RETURN TO: • 1 1 6 5 6 City of San Juan Capistrano Office of the City Clerk 32400'Pasecc•Adelanto E" San Juan Capistrano, CA 92675 " SUBDIVJSION A.GPEE;_IIENT RECORDING FEES EXEMPT DUE TO OVERNMENT CODE SECTION 6103 Mary Anrj/Ha p er, City Clerk City of San Juan Capistrano, CA RECQRDED IN OFFICIAL RECORDS OF ORANGE COUNT", CAIJFORNIA 15 ° 11 A.M. DEC 101979 LEE A. PANCh, C:, ,.,ity Recorder PARCEL MAP NO. 851 THIS AGREEMENT, made pursuant to the provisions of Division 2 of Title 7 of the Government Code of the State of California, by and between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation, hercinaf.ter called the "C1'i'Y", Philip D. Whitener, Chauncey C. Hubbard and COLLINS/DiVERSIFIFl) whose mailing address is: 27Q South Bristol, Suite 270 Costa Mesa, CA 92626 , hereinafter called the "SUBDIVIDER." W I T N E S S E T H THAT, WHERAS, Subdivider has filed with the Planning Commission of the City a tentative map for a proposed subdivision, known as Parcel Map No. 851 which has been conditionally approved by the City Council; ani 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 -inal map of said subdivision, by entering into an agreement and providing the improvement security required to assure t.eh furnishing and instal- lation of said improvements within the time herein provided. NDW, T8'°R':FOR], i.n cci:sic:__ation of -,he pr•emiaes I:nu l.e aVploval 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 under- takes, promises and agrees as follows: 1. Subdivider will, at his (its) own cost and expense,- improve said Subdivision by doing all work and providing and furnil hing all labor, materials and equipment and making all installations shown on the improvement plans signed and approved by the City Engineer and specified by the Specifications of the City of San Juan Capistrano, which plans and specifications are on file in the office of the City Enyinecr and incorporated herein by reference, including but not limited to, all grading work, paving of all streets, alleys and public service case- ments, construction of concrete curbs, gutters, cross -gutters, and side- walks, installation of storm drainage and sanitary sewerage facilities, installation of underground conduit street lighting system, the instal- lation 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. 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-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 agrees to pay all applicable fees assigned by City. For purposes of this agrec;ncnt, applicable fees shall be defined as all fees that may be legally assessed through City's ordinances and resolutions as condit.ions of approval subdividei''s subdivision and pioposcid ir_provements. sK 13427 PG 499 4. Subdivider sha) furn.is:h one Mood and r uf_ cunt bond in accordance with the provi siolI:,.of Chapter 5 of I)ivi.si.on 2 of. TiL)e 7 of, the Govrrnnu,nt C'odcl f:aid pond shall he in an mm,uat .,-qua] Lo the lochl estimated cost of work and improvements not to be dedicated to City but inspected by City ),crsonnel. Said bond sha).1 be conditioned upon faithful. performance of this agrccmcnt. 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 amount:; and for the following purposes: (a) an amount equal to the total esti-mated cosi: of the said work and improvements to be dedicated to City, conditioned upon the faithful performance of this agreement, and (b) an additional amount- equal. to the total estimated cost of the said work and improvements to be dedicated to City securing payment to the contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials to them for the improvements. 6, The City Engineer of the City of San Juan Capistrano may make such changes, alterations or additions to the plans and specificatio)!s for said work and improvement which do not exceed ten percent (100) 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 improvemeLt and to pay all costs specified herein within a period of 1 year f�om the date hereof. 8. It is agreed by and between the parties hereto that in the event it is deemed necessary to extend the time of completion of the work End 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 falidity of this agreement or the obligations hereunder. Bonds furnished hereuncer shall be kept in full force and effect until said work and improvements shall be deemed complete, approved and accepted as completed by said City Council unless the same are reduced. 9. Subdivider agrees that City may, without any notice, and at its sole option, at any time after the said time for completion has passed, complete, or cause to be completed, all or any part of the said work, and Subdivider shall pay to said City, upon demand, all of the cost of any of said work done by the City, its agents and contractors, or any of them, to comjlete all or any part of said work. 10. Subdivider agrees to pay City such sum as the Court may adjuege as reasonable for the legal services of any attorney representing the City in any action brought to enforce or interpret the obligations of this instrument, and such sum shall be made a part of any judgment in such action against the Subdivider if such action is determined in favor of the said City. 11, City, its officers and employees, except for their own acts, shall not be liable or responsible for any accident, loss or damage happening or occurring to the improvements specified in this agreement prior to the completion and acceptance of said improvements by the City. 12. At all times from the acceptance by the City Council of the dedications offered on the final map of said tract Lo the completion and acceptance of the improvements described herein, Subdivider shall perform all wort: in a safe, workmanlike manner and shall take such precautions as may be necessary to warn and pi-otect- the public from any dangerous condition caused by the construction of said improvements. 13. Subdivider e.hall hold City, its officers and employees harmlc.s 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 cout,acCor, subcontractors, agent.,; or employers in the perlorm;iucc of this; aryrcc•ment. -2- BK 13427 PB 500 14. Subdivider has read and agrees to abide by condi Cion number 13 of City Council Resolution #79-10-17-3 whereby: The property owner shall enter into an agreement with the City that if building permits are not issued within 12 months of this approval for the future development of the property pursuant to A.C. 79-7, the property owner shall process a reversion to acreage for Tentative Parcel Map 851 into its original configuration. -3- M BK 13427 PG 5U 851 Executed at San Juan Capistrano, California this 28th day /-i l- _ "-\0 D \. SUBDIVIDER Philip Dtener \J COLLINS/DIVERSIFIED By— APPROVED AND RECOMIMENDED FOR EXECUTION: cf/j. �Ld City MEngineer t Orange County s District 44 STATE OF COUNTY OF ) ss CITY OF SAN JUAN CAPISTRANO By Ja✓i -- l+�Y'azrr.^i'i'i J/ ty lsl a.dAU ON 19 before me,.the undersigned a Notary Public in and for said State, personally appeared known to me, to bg one of 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. -4- Name typed or printed Notary Public in and for said State. tt ' BK 13427 PB 502 STATE OF CALIF'Ci2NIA ) ) S.S. COUN'T'Y OF 012ANGE ) On November 27, 1979 before me, the under blic in and for said County and State, personally a Whitener known to me to be t- Se naive is subscribed to the within vwledged that he__ executed the same. SEAL c • J74Jacquyn McBride ;OFFICIAL SEAL � • JACQUOLYN McBRIDE • • b NOTARY PUBLIC—CALIFORNIA • PRINCIPAL OFFICE IN ORANGE COUNTY • My Commission Expires Aug. 26, 1983 STATE OF CALIFORNIA ) ) S.S. COUNTY OF ORANGE ) On November 27, 1979 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Ch_a_unCoy_C_-_._ Hubbard known to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same. i7acquoly McBride &j n STATE OF CALIFORNIA ) ) S.S. COUNTY OF ORANGE ) SEAL OFFICIAL SEAL • JACQUOLYN McBRIDE i • "°� NOTARY PUBLIC—CALIFORNIA • PRINCIPAL OFFICE IN j ♦ ORANGE COUNTY My Commission Expires Aug. 26, 1983 On November 27 , 1979 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared Edward Bach and John C. Collins, known to me to be the two general partners of Collins/Diversified, a California general partnership, the partner- ship that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS MY HAND AND OFFICIAL SEAL OFFICIAL SEAL • JACQUOLYN McBRIDE i • d NOTARY PUBLIC—CALIFORNIA • PRINCIPAL OFFICE IN i ORANGE COUNTY My Commission Expires Aug. 26, 1983 v'. BK 134'27 PG 503 STATE OF Ca i fornia COUNTY OF Orange ss. City of San Juan Capistrano ON December 3 1979 , before me, the undersigned, a Notary Public in and for said State, personally appeared F 'A� ... .: CORPORATE ACKNOWLEDGMENT FORM known to me to be the municipal Capistrano thi/Corporation that executed the within Instrument, known to me to be the person who executed the within Instrument, on behalf of the Corporation, therein named, and acknowledged to me that such Corporation executed the same. WITNESS my hand and official seal. Notary Public in and for _-�`_- Californ--a ---- --- 5 ------------- -- -- STATE OF COUNTY OF Orange City of San Juan Capistrano ON November 28 1979 before me, the undersigned, a Notary Public in and for said State, personally appeared W OFFICIAL SEALL :CTHERYL A JOHNSON RY PUBLIC - CALIFORNIA ORANGE COUNTY omm, expires DEC 28, 1981 CORPORATE ACKNOWLEDGMENT FORM KENNETH E. FRIESS known to me to be the Mavnr. of City of San Juan Capistrano the/Corporation that executed the within Instrument, known to me to be the person who executed the within Instrument, on behalf of the Corporation, therein named, and acknowledged to me that such Corporation executed the same. WITNESS my hand and official seal. a otary Public i and for said State. -------------------------------------- CORPORATE --------------------------------_ BK 13427 Pc 489 StilAividcl' sha) ful.-ni.rsh 0110 rl0ocl and L,uf cicnt Long in A vco1'd:111 co with the provi. r.iott:; of Ch, tptcr 5 of I)i Vi.:;i.o11 2 of. T.i. L I c 7 of the Ct�vrrnnunt Cotler r.nid Lonrl r:h.�ll be in all-imollnt (•c)ua.1 Lo Ll)o todal. C BK 13427PG 501 L' BK 13427 PG 503 STATE OF ('a] ifornia COUNTY OF Orange ss. City of San Juan Capistrano ON December 3 19-i9--' before me, the undersigned, a Notary Public in and for said State, personally appeared Cheryl A. Johnsonknown to me to be the Deputy_ C__ty _Clerk of the Cid of San Juan 4M municipal_ Capistrano the/Corporation that executed the within Instrument, known to me to be the person who executed the within Instrument, on behalf of the Corporation, therein named, and acknowledged to me that such Corporation executed the same. ",J ? WITNESS my hand and official seal. CORPORATE ACKNOWLEDGMENT FORM STATE OF COUNTY OF "Jam City of San Juan Capistrano OFFICIAL SEAL CHERYL A J:HNSONm NOTARY PUBLIC ALIFORNIA ORANGE CNMycommexpiresEC 28, 1981 CORPORATE ACKNOWLEDGMENT FORM Notary Public in and for } ss. ON November 28 1979 before me, the undersigned, a Notary Public in and for said State, personally appeared KENNETH E. FRIESS Mavor. of Citv of San Iwn to me to be the trano the/Corporation that executed the within Instrument, known to me to be the person who executed the within Instrument, on behalf of the Corporation, therein named, and acknowledged to me that such Corporation executed the same. WITNESS my hand and official seal. otary Public !A -and for said State. 6. RELEASE OF GRADING BOND, PLAZA DEL RIO, CAMINO CAPISTRANO (COLLINS DIVERSIFIED) (49) As set forth in the Report dated September 21, 1982, from the Director of Public Works, the developer has completed all grading work required and 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. Staff was authorized to release Grading Bond No. 400 Fr 4308 issued by St. Paul Fire and Marine Insurance Company in the amount of $114,000. 0 0 AGENDA ITEM September 21, 1982 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Release of Grading Bond, Plaza Del Rio, Camino Capistrano (Collins Diversified) QTMTTaTTnM The developer has completed all grading work required for Plaza Del Rio on Camino Capistrano, and has requested release of the Grading Bond posted for that work. The Building & Safety Division has inspected and accepted the work and recommends the release of the bond. The Grading Bond referred to in this action is as follows: Bond No. Underwriter Amount #400 FR 4308 St. Paul Fire & Marine Ins. Co. $114,000 FINANCIAL CONSIDERATIONS There are no direct costs to the City by this action. ALTERNATE ACTIONS 1. Authorize Staff to release the grading bond. 2. Do not release the grading bond. 3. Refer to Staff for additional information. RECOMMENDATION By motion, authorize Staff to release the Grading Bond for Plaza Del Rio, in the amount of $114,000. Respectfully submitted, W. D. Murphy WDM/OML:ol attachment kCtR C;tTY Ox" State of California ss: County of orange On August 22, 1980 , before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared John C. Tweedie known to me to be Attorney -in -Fact of St. Paul Fire and Marine Insurance Company 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 year stated in this certificate above. �............................. 2 OFFICIAL SEAL My Commission Expires t M11 Notary "u 6!i:Ca�ifo-rte Notary Public '--'� CRrN";E COUNTY 360212$66 .._,'1v!=oamisiior. _[, p��.,`,y_ez,�`� r.'!;q�'+• 0 RISERICIIN STORES PROPERTIES. INC. September 1, 1982 Mr. Rognor Fredlund Department of Building and Safety City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Dear Mr. Fredlund: Former Alpha Beta Location #128 San Juan Capistrano, California RECEIVED SEP 1 1 28 PM P82 CITY OF 644 .tUAP, In regard to our phone conversation, please request formal release of Bond #400 FR 4308 issued by St. Paul Fire and Marine Insurance Company, per the attached. We were required by the City of San Juan Capistrano to provide a bond in the amount of $114,000 so that Grading Permit No. 102G for Parcels A, B, C, and D at Avenida Padre and Camino Capistrano could be issued. Thank you for your follow-up on this matter. Sincerely, / Elaine Cubelli Real Estate Representative bf Attachment. cc: Mr. Ben Levin, Alpha Beta Company 777 SOUTH HARBOR BOULEVARD / LA HABRA. CALIFORNIA 90631 /TEL E PHONE (] 14) ]38-2000 A Subsla,afy of American Sores Company BOND #400 FR 4308 •DIVISION OF BUILDING AND SAFETY 46PREMIUM: $570.00 CITY OF SAN JUAN CAPISI'RANO- GRADING PERMIT �;i)RFTY BOND SNOW ALL ?MEN BY THBSF. PRESENTS: That Collins/Diversified and Alpha Beta—Company _ as Principal, is held and firmly bound unto the City of San Juan Capistrano in the just and full sum of $114,000.00 DOLLARS, forn� of whicof which, well and duly made, said Principal binds himself, his heirs, adminirtraters, successors and assigns, jointly and severally, firmly by thu�c presents. THE CONDITION OF THE ABOVE OBLIGATION! IS SUCH THAT, WHEREAS, the said Principal above named is applicant under Grading Permit No.—�C of the City of San Juan Capistrano, California, for an excavation or fill of 250 yards or more, on the following described property: Located at the intersection of Avenida Padre and Camino Capistrano in the City of San Juan Capistrano, and: County of Orange,Identified as Parcel A,B,C, & Don the Plot Plan WHEREAS, the estimated cost of the work authorized by the permit is $ 114,000.00 NOW, THEREFORE, it is agreed that if the Principal shall: a) Comply with all the provisions of the San Juan Capistrano Grading and Excavation Code, "Ordinance No. 367, Article 2,_ Section 1 through 24 inclusive"; b) Comply with all the terms and conditions of the permit to the satisfaction of the Director of Public Works; C) Complete all of the work contemplated under the said permit within thy, t.irre limit specified i.n the permit, and any extension or extensions thereof; d) Reimburse the City for any work the Division of Building and Safetv deems necessary to complete, correct or otherwise under- take the wcrk specified in the permit, or any work deemed necessary for the public safety, because of any failure on the part of the Principal, then this obligation shall be null and void; otherwise it shall remain in full force and effect, PROVIDED, HOW..EVER, that the said surety, for value received, hereby stipulate and aq_rees.that no changes, extension of time, alteration or modification of the permit or of the work to be performed thereunder shall in any way affect its ohlig:,tion on this bond and it does hereby waive notice of any such change, extension of t.imc, alteration or modification of the permi: or of work to be performed thereunder; and PROVIDED, PURTIIER, that 2n case suit is brought upon th^ bond ,f 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 WHL:REOP, the said Principal has caused these presents to be duly signed and sealed this 22nd day of Ala Ust 19 80. ALPHA BETA COMPANY _ P>�nci Pa—1 ;A By omas, ecre�ary' ST. PAUL FIRE AND MARINE INSURANCE COMPANY rn ,,�� �� • Al"I I - IN 1'AC'1' i� aIV for s ](Z 9/76 City and State California John C. Tweedie LETTER OF0 Stince CW> 185P 0 AMENDMLdNT WELLS FAR G O BANK,x A. ❑ 475 SANSOME STREET, SAN FRANCISCO, CALIFORNIA 94111 .TJ SOUTHERN CALIFORNIA OFFICE: 770 WILSHIRE BLVD.. LOS ANGELES. CALIFORNIA 90017 INTERNATIONAL DIVISION COMMERCIAL L/C DEPARTMENT CABLE ADDRESS. WELLS OUR REF. NO. L'. 2662 OATS: THIS NUMBER MUST BE MENTIONED . •, / +)_�-• L .L , �- V V ON ALL DRAFTS AND CORRESPONDENCE • CITY OF' SFS' JUAN CA"IST F- .0 • .32400 PASM DELANTO • SAI`: JUIN CAPISTRANO, C^. 02675 CREDIT/APNO. LP. 2662 ISSUED BY: OURSELVES FORACCOUNTOF COLLI',S /DIVER -cIFIT), C.a..'"'ORNTP. GENT AL PARTN CHIP GENTLEMEN: WE HAVE BEEN REQUESTED BY COLLINS/DU.TERSTFIED, A CALIFORriIA GENERAL PARTINER 5 L11TP TO ADVISE YOU THAT CREDIT/ADVICE NO. I.A. 2662 OPENED IN YOUR FAVOR IS AMENDED AS FOLLOWS: EXPIRATION DATE EXTENDED TO NOVEMBER ?0, 1981. ALL OTHER CONDITIONS REMAIN UNCHANGED tC - "- AUTNORIZ URE LETTER OF• Since 0071853 • AMENDMENT WELLS FAR G O BAlV IZ x a. Cl 475 SANSOME STREET, SAN FRANCISCO, CALIFORNIA 94111 X] SOUTHERN CALIFORNIA OFFICE: 770 WILSHIRE BLVD- LOS ANGELES, CALIFORNIA 90017 INTERNATIONAL DIVISION COMMERCIAL L/C DEPARTMENT CABLE ADDRESS, WELLS OUR REF. NO. LA 2662 THIS NUMBER MUST BE MENTIONED ON ALL DRAFTS AND CORRESPONDENCE CREDIT/AP NO. IA 2662 ISSUED BY: OURSELVES DATE: NOVMER 219 1980 MAIL TO PLEASE SEND THE ENCLOSED ORIGINAL LETTER OF AMENDMENT TO THE BENEFICIARY. FOR ACCOUNT OF COLLINS/DIVERSIFIED. A CALIFORNIA GENERAL PARTNERSHIP GENTLEMEN: WE HAVE BEEN REQUESTED BY COLLINS/DIVERSIFIED, A CALIFORNIA GENERAL PARTNERSHIP TO ADVISE YOU THAT CREDIT/ADVICE NO. LA 2662 OPENED IN YOUR FAVOR 15 AMENDED AS FOLLOWS: EXPIRATION DATE EXTENDED TO NOMMER 309 1981. ALL OTHER CONDITIONS REMAIN UNCHANGED tc --- _ AUTHORIZE STRAIGHT IRREVOCABLE sll,,; ��I•;; LETTER OF CREDIT WELLS FAR G O SANK .N. e. L 975 SANSOME STREET, SAN FRANCISCO CAL.II OHNIA 91111 ❑X770 WILSHIRE BLVD., LOS ANGELES, CALIFORNIA 90017 ISI INTERNATIONAL DIVISION COMMERCIAL L/C DEPARTMENT CABLE ADDRESS. WELLS OUR LETTER LA 2662 OF CREDIT NO. AMOUNT: $70,000.00 DATE: NOVEMBER 23, 1979 THIS NUMBER MUST BE MENTIONED ON ALL DRAFTS AND CORRESPONDENCE . CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO • SAN JUAN CAPISTRANO, CALIFORNIA 92675 GENTLEMEN: OUR REIG OFFICE BY ORDER OF AND FOR ACCOUNT OF COLLINS/DIVERSIFIED, A CALIFORNIA GENERAL PARTNERSHIP WE HEREBY AUTHORIZE YOU TO DRAW ON Us UP TO AN AGGREGATE AMOUNT OF SEVENTY THOUSAND AND N0/100 U.S. CURRENCY SIGHT AVAILABLE BY YOUR DRAFTS AT ACCOMPANIED BY A SIGNED STATEMENT BY THE CITY ENGINEER: INDICATING THAT "COLLINS/DIVERSIFIED HAS FAILED TO PAY FOR LABOR AND MATERIALS FOR PUBLIC IMPROVEMENTS AS REQUIRED BY THAT CERTAIN SUBDI— VISION AGREEMENT FOR A PROPOSED SUBDIVISION, KNOWN AS PARCEL MAP NO. 851 BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND COLLINS/DIVERSIFIED." PRESENTEDS R OFFICE NOT LATER AN DRAFTO TS MUST BE DRAWN AT DTH ITTS H 7YRGWE!E*% RAFTS DRAWN UNDER SMUST DATE AND NUMBER. ALL DER EARL YOU THAT ALL DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED UPON PRESENTATION TO US. THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1974 REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 290. �_ AUTHORIZED SIG RE STRAIGHT IRREVOCABLE LETTER OF CREDIT WELLS FARGO BANK.rr.A, � 1 .75 SANSOME STREET, SAN FRANCISCO. CALIFORNIA 99111 L✓770 WILSHIRE BLV-., L05 ANGELES, CALIFORNIA 90011 INTERNATIONALDIVISION COMMERCIAL L/C DEPARTMENT CABLE ADDRESS. WELLS OUR LETTER OF CREDIT NO. LA 2663 AMOUNT: $70,000.00 DATE: NOVEMBER 23, 1979 THIS NUMBER MUST BE MENTIONED ON ALL DRAFTS AND CORRESPONDENCE • CITY OF SAN JUAN CAPISTRANO ' 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CALIFORNIA 92675 GENTLEMEN: BY ORDER OF OUR REIG OFFICE AND FOR ACCOUNT OF COLLINS/DIVERSIFIED, A CALIFORNIA GENERAL PARTNERSHIP WE HEREBY AUTHORIZE YOU TO DRAW ON US UP TO AN AGGREGATE AMOUNT OF SEVENTY THOUSAND AND N0/100 U.S. CURRENCY AVAILABLE BY YOUR DRAFTS AT SIGHT ACCOMPANIED BY A SIGNED STATEMENT BY THE CITY ENGINEER: INDICATING THAT "COLLINS/DIVERSIFIED HAS FAILED TO PERFORM ON PUBLIC IMPROVEMENTS AS REQUIRED BY THAT CERTAIN SUBDIVISION AGREEMENT FOR A PROPOSED SUBDIVISION, KNOWN AS PARCEL MAP NO. 851 BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND COLLINS/DIVERSIFIED." DRAFTS MUST BE DRAWN AND PRESENTED TO US AT OUR OFFICE NOT LATER THAN ��jjnn����MM�1���..++pp '��((�� ,Qjj ALL DRAFTS DRAWN UNDER THIS CREDIT MUST BEAR ITS DATE AND NUMBER. WE H'EFiEt�'Y"AcXoE4414 YOU THAT ALL DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED UPON PRESENTATION TO US. THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1974 REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 290. AUTHORIZED SI A -UR. LETTER OF smi ��� 1852 AMENDMENT 40 WELLS FARGO BANKjT.,v ❑ 475 SANSOME STREET, SAN FRANCISCO, CALIFORNIA 94111 CX SOUTHERN CALIFORNIA OFFICE: 770 WILSHIRE BLVD, LOS ANGELES, CALIFORNIA 90017 INTERNATIONAL DIVISION COMMERCIAL L/C DEPARTMENT CABLE ADDRESS: WELLS OURREF.No. LA-2664 DATE: NOVEMBER 24, 1980 THIS NUMBER MUST BE MENTIONED ON ALL DRAFTS AND CORRESPONDENCE CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CALIFORNIA 92673 CREDIT/APNO, LA-2664 ISSUED BY: OURSELVES FORACCOUNTOF COLLINS/DIVERSIFIED, A CALIFORNIA GENERAL PARTNERSHIP GENTLEMEN: WE HAVE BEEN REQUESTED BY COLLINS/DIVERSIFIED TO ADVISE YOU THAT CREDIT/ADVICE NO. LA-2664 OPENED IN YOUR FAVOR IS AMENDED AS FOLLOWS: EXPIRATION DATE EXTENDED TO NOVEMBER 30, 1981. C=3 O ' ci U IAJ 2 ALL OTHER CONDITIONS REMAIN UNCHANGED / MC AUTHORIZE U >•� _- E LTTER OF CREDIIT • • W L ctil F-An G O B K ,N A. Ll 675 SANSOME STREET, SAN FRANCISCO, CALIFORNIA 94111 L6 770 WILSHIRE BLVD., LOS ANGELES, CALIFORNIA 90017 INTERNATIONAL DIVISION COMMERCIAL L/C DEPARTMENT CABLL ADDRESS: WELLS OUR LETTER OF CREDIT NO. LA 2664 AMOUNT. $2,000,00 DATE: kjOV�',MHEF ( 23, 1979 THIS NUMBER MUST BE MENTIONED ON ALL DRAFTS AND CORRESPONDENCE • CITY OF SAN JUAN CAPISTRANO ' ' 32400 PASEO ADELANTO ' SAN JUAN CAPISTRANO, CALIFORNIA 92675 GENTLEMEN: BY ORDER OF OUR REIG NEWPORT BEACH OFFICE AND FOR ACCOUNT OF COLLINS/DIVERSIFIED, A CALIFORNIA GENERAL PARTNERSHIP WE HEREBY AUTHORIZE YOU TO DRAW ON OURSELVES UP TO AN AGGREGATE AMOUNT OF TWO THOUSAND AND NO/100 U.S. CURRENCY AVAILABLE BY YOUR DRAFTS AT SIGHT ACCOMPANIED BY A SIGNED STATEMENT BY THE CITY ENGINEER: INDICATING THAT "COLLINS/DIVERSIFIED HAS FAILED TO PAY FOR MONUMENTATION FOR PUBLIC IMPROVEMENTS AS REQUIRED BY THAT CERTAIN SUBDIVISION AGREEMENT FOR A PROPOSED SUBDIVISION KNOWN AS PARCEL MAP NO. 851 BETWEEN THE CITY OF SAN JUAN CAPISTRSANO AND COLLINS/DIVERSIFIED." DRAFTS MUST BE DRAWN AND PRESENTED TO US AT OUR OFFICE NOT LATER THAN jj��((J�jj�j�;!�Mj�jjii ((�� 'I ffjj((�� ALL DRAFTS DRAWN UNDER THIS CREDIT MUST BEAR ITS DATE AND NUMBER. WE�AZ'fFES9RA�li1=�9WY'TH YOU THAT ALL DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED UPON PRESENTATION TO US. THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1974 REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 290. AUTHORIZED NATURE Ms. Darlene Selfe WELLS FARGO BANK Real Estate Industries Group 660 Newport Center Drive Suite 1200 Newport Beach, CA 92660 Re: Letters of Credit LA 2662, LA 2663 6 LA 2664 Issued to City of San Juan Capistrano Dear Darlene: In connection with its San Juan Capistrano project, Collins/ Diversified was required to furnish to the City of San Juan Caoistrano Letters of Credit LA 2662 ($70,000.00), LA 2663 ($70,000.00) and LA 2664 ($2,000.00). The Letters of Credit were originally dated November 23, 1979 and Letters of Credit LA 2662 and 2664 were to expire November 30, 1980, Letter of Credit LA 2663 was to expire November 30, 1981. In November, 1980, at the request of the City of San Juan Capistrano, we had Wells Fargo Bank extend the expiration date of Letters of Credit LA 2662 and LA 2664 to November 30, 1981. We have now been informed by the City of San Juan Capistrano that it is necessary to extend Letter of Credit LA 2662 until February 28, 1982 and Letter of Credit LA 2663 until November 30, 1982. Letter of Credit LA 2664 is no longer required. COLLINSAIVERSIFIED DEC 270 S P,RISIOL SIREEI. SUITE 201. COSTA MESA, CALIFORNIA 92626 p14) 957,2551 - -- December 29, 1981 Ms. Darlene Selfe WELLS FARGO BANK Real Estate Industries Group 660 Newport Center Drive Suite 1200 Newport Beach, CA 92660 Re: Letters of Credit LA 2662, LA 2663 6 LA 2664 Issued to City of San Juan Capistrano Dear Darlene: In connection with its San Juan Capistrano project, Collins/ Diversified was required to furnish to the City of San Juan Caoistrano Letters of Credit LA 2662 ($70,000.00), LA 2663 ($70,000.00) and LA 2664 ($2,000.00). The Letters of Credit were originally dated November 23, 1979 and Letters of Credit LA 2662 and 2664 were to expire November 30, 1980, Letter of Credit LA 2663 was to expire November 30, 1981. In November, 1980, at the request of the City of San Juan Capistrano, we had Wells Fargo Bank extend the expiration date of Letters of Credit LA 2662 and LA 2664 to November 30, 1981. We have now been informed by the City of San Juan Capistrano that it is necessary to extend Letter of Credit LA 2662 until February 28, 1982 and Letter of Credit LA 2663 until November 30, 1982. Letter of Credit LA 2664 is no longer required. t,, 0 Ms. Dalene Selfe WELLS FARGO BANK Page two December 29, 1981 0 Darlene, please see that these two Letters of Credit are extended as requested herein. Very truly yours, COLLINS/DIVERSIFIED Manuel J .'Armendariz Vice President -Finance MA/dls cc: John Collins Ed Bach Jan Petersen / Marty Bryant ✓ 1] E MEMORANDUM November 28, 1979 TO: Cathy DuCoing, Records Coordinator FROM: Marty Bryant, Principal Engineering Aide SUBJECT: Surety - Parcel Map 851 SITUATION The following is the breakdown of the sureties for Parcel Map 851: Surety No. Amount Type Company Purpose LA 2662 $70,000 Letter of Wells Fargo Labor & Materials/ Credit Bank Public - fel LA 2663 70,000 Letter of Wells Fargo Faithful Perform - Credit Bank ance/Public LA 2664 2,000 Letter of Wells Fargo Monumentation Credit Bank These sureties are attached for your files. 'Ab Marty Bryant CMB/tw Attachments