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1980-0521_WILSHIRE DIVERSFIED, INC._Subdivision AgreementRECORDING REQUESTED.BY AND WHEN RECORDING FEES EXEMPT DUE TO ^CORDED RETURN TO. GOVERNMENT COJ!PSECTION 6103 Y OF SAN JUAN CAP Office of the City Clerk +4068 N 32400 Paseo Adelanto MARY ANN H OVER, City Clerk San Juan Capistrano, CA 92675 San JuanCapistrano, California E EMPT Tract No. 9034 C10 SUBDIVISION AGREEMENT N TRIS AGREEMENT, made pursuant to the provisions of Division 2 _;01 of Title T of the Government Code of the State of California, by and 'o/ between the CITY OF SAN JUAN CAPISTRANO, a Municipal Corporation, hereinafter called the "City" and 'WILSHIRE DIVERSIFIED, INC. \ whose mailing address is 400 N. Central Avenue Glendale, CA 91209 hereinafter called the "Subdivider." WITNESSETH: RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA 9:05 A.M. NOV z$ 1977 J. WYLIE CARLYLE, Caaaty Raowdw THAT, WHEREAS, Subdivider has filed with the Planning Commission of the City a tentative map for a proposed subdivision, known as Tract No. 9034 which has been conditionally approved by the City Council., and WHEREAS, Subdivider desires to postpone the public and private improvements required as a condition of approval of said tentative map until a time subsequent to the acceptance and recordation of the final map of said subdivision, by entering into an agr_:ement and providing the improvement security required to assure the furnishing and instal- lation of said improvements within the time herein provided. NOW, THEREFORE, in consideration of the premises and the approval of the final map of said subdivision and the postponement of the time to install such improvements, and to satisfy the said condition of the approval of the said tentative map, the Subdivider hereby undertakes, promises and agrees as follows: 1. Subdivider will, at his (its) own cost and expense, improve said tract by doing all work and providing and furnishing all labor, materials and equipment and making all installations shown on the improvement plans signed and approved by the City Engineer and specified by the Specifica- tions of the City of San Juan Capistrano, which plans and specifications are an file in the office of the City Engineer and incorporated herein by reference, including but not limited to, all grading work, paving of all streets, alleys and public service easements, construction of concrete curbs, gutters, cress -gutters and sidewalks, installation of storm draSnage and sanitary sewerage facilities, installation of underground conduit street lighting system, th.e installation of all street name signs, and the supplying and planting of all parkway trees, together with the instal- lation of all appurtenances, contingencies and the furnishing of all engineering costs and services to do and complete said work, and to do and complete all other acts and obligations required by the City as condi- tion of the approval of the tentative subdivision. For purposes of this agreement, the City Engineer shall determine the estimated costs of said improvements to be used for Surety devices as required herein. 2. Subdivider will, at his (its) own cost and expense, provide and install -='l on-site and nfG-sites water mains and appurtenances and will provide all labor and material to connect the same to existing mains and faciL:t;es of the Orange County Waterworks District @4, and will comply witla.all of the requirements of said District, and with the plans and specif:i-z tions for said work signed by, and on file in the office of the ^fana�:or said District, incorporated herein by r�oforcnce. 3. Subd!ividi.�r agroos to pay all applicable fees assignod by City. For purposes of this agreement, applicable fees shall be defined as all fees that may be legally assessed through City's ordinances and resolutions as conditions of approving subdivider's subdivision and proposed improvements. -1- Tract No, an34 r BX 12470P6 133 4: Subdivider shall furnish one good and sufficient bond in accordance with the provisions of Chapter 5 of Division 2 of Title 7 of the Government Code, said bond shall be in an amount equal to the total estimated cost of work and improvements not to be dedicated to City but inspected by City personnel. Said bond shall be conditioned upon faithful performance of this agreement. 5. Subdivider shall furnish two good and sufficient bonds in accordance with the provisions of Chapter 5 of Division 2 of Title 7 of the Government Code, said bonds to be in the amounts and for the following purposes: (a) an amount equal to the total estimated cost of the said work and improvements to be dedicated to City, conditioned upon the faithful performance of this agreement, and (b) an additional amount equal to the total estimated cost of the said work and improvements to be dedicated to City securing payment to the contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials to them for the improvements. 6. The City Engineer of the City of San Juan Capistrano may make such changes, alterations or additions to the plans and specifications for said work and improvement which do not exceed ten percent (108) 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 wort: and improvement or as required for the safety and welfare of the public and no such changes, alterations or additions shall relieve the Subdivider from the faithful performance of this agreement. 7. Subdivider agrees to complete all of said work and improvement and to pay all costs specified herein within a period of 365 days from the date hereof. 8. It is agreed by and between the parties hereto that in the event it is deemed necessary to extend the time of completion of the work and improvement to be done under this agreement, said extension may be granted by the City Council of the City of San Juan Capistrano or its duly authorized officer, and shall in no way affect the falidity of this agreement or the obligations hereunder. Bonds furnished hereunder shall be kept in full force and effect until said work and improvements shall be deemed complete, approved and accepted as completed by said City Council unless the same are reduced. 9. Subdivider agrees that City may, without any notice, and at its sole option, at any time after the said time for completion has passed, complete, or cause to be completed, all or any part of the said work, and Subdivider shall pay to 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 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 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 accert:ance by the Citv 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 a U work in a safe, workmanlike manner and shall take such precautions .as may be necessary to warn and protect the public from any dangerous condition caused by the construction of said improvements. 13. Subdivider shall hold City, its officers and employees harmloss from any and alit claims; demands, causes of action, liability or loss of any sort because of, or arising out of, the acts or omissions of the Subdivider, his contractor, subcontractors, agents or employees in the performance of this agreement. -2- i Tract No. 9034 BX 12470P9 13a Executed at San Juan Capistrano, California this 16th day of November , 1977 ATTEST: i San J Ca.piatrano City Clerk v' APPROVED AND RECOMMENDED FOR EXECUTION: City Engineer Manager f Orange County Waterw rks, District #4 NOTE: Improvement Bond and Mater to this agreement. SUBDIVIDER* WILSHIRE DIVERSIFIED, INC. BY: �G E. W. Mapplowe, Ass Byp1110q /FO (Sign ufg I` o Melvin Wynn, -e P[gq%t cc CA Df CITY OF SAY JUAN CAPISTRANO By -'4 ON O. HECKSCHER, MAYOR APPROVED AS TO FORM: Labor Bond musE be attached * Partnerships, joint ventures, and other corporate entities should contact the San Juan Capistrano City Attorney for acceptable form or execution. -3- 10 1.45 C (Corporation) t W X J a r �Im 1 STATE OF CALIFORNIA TITLE INSURANCE ANDTRUST COUNTY OF L OS _Angel ac SS. •TCOP COMPANY 1 OnL f U U_S t 22,, 197%_ _ _before me, the undersigned, a Notary Public in and for said State, personally appeared--- — -Melvin WynL known to me to be the_ _ V1��_ _ ---President, and--E_JPI��1 _ Ma 1 owe __ known to me to be- — --A� 8�__Secretary of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,............ acknowledged to me that such corporation executed the OFFICIAL SEAL within instrument pursuant to its by-laws or a resolution of,. RENEE M. BARRETT its board of directors. - - ' WITNESS my hand and official seal. Signature u_JX- L.E,i )2 is NOTARY PUBLIC -CALIFORNIA ? LOS ANGELES COUNTY My Commission Expires Apr.27,1981 (Thi. area for oMetal notarial seal) 0 AGENDA ITEM July 6, 1982 TO: Stephen B. Julian, City Manager 0 FROM: W. D. Murphy, Director of Public Works SUBJECT: Consideration of Release of Bond for Private Street Improvements, Tract 9181, 9182 and 9034 (San Juan Hills East, Wilshire Diversified) SITUATION Staff is recommending that the bond insuring installation of certain drainage facilities in San Juan Hills is released. Wilshire Diversified Company has installed the underground systems for control of groundwater, and the San Juan Hills East Street Maintenance Association has approved and accepted the improvements. The private streets have now been accepted for maintenance, and the purpose of the bond has been fulfilled. The bond was taken by the City at the time that the normal tract bonds were released; in this case, the Faithful Performance Bond for private street improvements. The street Maintenance Association expressed concern over groundwater seeping through the pavement, and a "french drain" system was required to correct the situation. Through a long process of negotiating and construction, the concerns of the residents were satisfied. Both the San Juan Hills East Street Maintenance Association and Wilshire Diversified Inc. should be complimented on the patience and professionalism that enabled the matter to be resolved in the manner in which it was. FINANCIAL CONSIDERATIONS There are no direct impacts upon the City. The amount of the bond is $46,300. ALTERNATE ACTIONS 1. Release the bond. 2. Do'not release the bond. 3. Refer the matter to Staff for additional information. RECOMMENDATION By motion, approve the private street improvements in San Juan Hills East, release Wilshire Diversified, Inc. from all maintenance obligations of the private streets in San Juan Hills East and direct Staff to release Bond number 5044113 from Hartford Accident and Indemnity Corporation in the amount of $46,300. Respectfully submitted, h,.�. �� W. D. Murphy WDM:GML/nep f`M CSP( COUNCIL AGENDA •• •• �� 3G C: S A N J U A N H I L L S PRIVATE STREET MAINTENANCE ASSOCIATION 31991 Via La Plata San Juan Capistrano, CA 92675 June 8, 1982 'George Lohnes City Engineer City Hall San Juan Capistrano, CA 92675 Dear Mr. Lohnes, The corrective work in San Juan Hills East as outlined in the Woodward -Clyde survey has been completed to our satisfaction. We appreciate your assistance .in this matter and would like you to take the necessary steps to release the per- formance bond. Sincerely, San Juan Hills East treet Association Bob Murphy President Blk #2 APPROVED BY STREET ASSOCIATION MEMBERS #1 #3 Phil Stevens, Blk #4 J,arcie-McLeod, Blk #5 Walt Cleveland, Blk #6 Darryl Tailor, Blk #7 TRACT NO. 9182 & 9034 PROJECT al) NO. 5044113 _ h� PRIVATE Premium ($833.00 Por 2 yre �130ND FOR IMPROVM11'11TS (17A1THFUL PER] O)IIIANCL) WIII:REAS, the City Council of the City of San Juan Capistrano, State of California, aM WILSHIRE DIVERSIFIED TN! , whose mailing address is P. 0 Box 7712 nnrhank rn Q15114 ' hereinafter. designate as Principal, have entered into an agreement whereby Principal agrees to install and complete certain designated improvements, which said agreement dated May 4 and A ril 2 , 19 g_, and identifi as (Subdivision Agreement for Tract9182 & 9034 ) Project Monks 4 anA a ) i hereby referred to and made a part hereof; anti See attachment 1111EPPAS,*Said Principal is required under the terms. of said agreement, to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the Principal, and Hartford Accident and Indemnity Company whose mailing address is 3435 Lvilwhire Blvd., Loa Angeles, Ca. 90010 , as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called City, in the penal sum of Forty-six thousand three hundred Dollars ($ 46.300.00 ) lawful money of the United States, for the payment of,whicTl I sum well and truly to be made, we bond ourselves, our heirs, successors, erecilt-ors 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 keen 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 moaning, 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; othcrwise 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 thercfor., 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 tared as costs and included in any judgment rendered. t The surety hereby stipulates ar:d agrees that no change, extension of time, alteration or addition -to the terms of the agreement or to the work, to be performed thereunder, or the specifications accompanying*same, shall in anyway 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 May 20 19 81 PRINCIPAL WILSHIRE DIVERSIFIED, INC. SURETY Hartford Accident and Indemnity Company BY Jld_4BY-- - Vice President Robert L. Roeeg Attorney-in-Faot 4Villia L. C(urtt. �nj Asst. Vice President 2710 Winona Avenue Burbank, CA 91504 1!tITI:ttl t•xt•t•n! kol (d 1't iLwip.tll: olld wil-A h, t EXECUTED IN TRIPLICATE STATE OF CALIFORNIA COUNTY OF _...146 5.,. _--... ss. On this.. 20.bh__day of_... May- in the year one thousand nine hundred and. _ 81_-.....__..... -, before me, D. J. Anderson a Notary Public in and for said County, residing therein, duly commissioned and sworn, personally appeared.. Robert L. Ross.._...... ... ._._ known to me to be the Attorney -in -Fact of the Hartford Accident and Indemnity Company, the Corporation described in and that executed the within instrument, and OPKVIL Ill also known to me to be the person.__ who executed it on behalf of the Corporation D.S. ANDERWN therein named, and __.he___ acknowledged to me that such Corporation executed the NOVM riu CAMUNNA same. PRINO MLL OFFICE. M IAS AN ALM COUMY '-y /� MP OOIRWI aw Em� �' 9%i.- �l%lbz¢d.6., w i I have hereunto set my hand and affixed my a„f, „�,.,�-,�},,: �• a,.,a,„,,,,*.,,,*� -`- Official Seal, at my office, in the said County, the day and year in this certificate first above written. My Commission will Expire--- ........ ............... .... Form 5-3663-0 Printed in U S. A. 3-'67 Notary bli, in and fo aid C.ututy, State of Caldurnie STATE OF CALIFORNIA, ss. COUNTY OF LOS ANGELES l ON May 21 s before me, the undersigned, a Notary Public in and for said State, personally appeared Frank E. Jones known to me to be the OFPR7A188AL A Sr Vic resident, and Wm. L. Curton known to me AmL>�R o e tfe Vice Pres. S4Xr% 6)bf a - - - - - - - �j__1_Sh1.re Diyerslfiedd,�. yrt� yr1 the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the within Instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. - CITY Q OF SAN JUAN CAPISTRAN.�,.O r- 1 BY nw�r� DATE-5"SUBJECT 'y". a. L)af NIIIG EaS� SHEET NO. I OF_1�_ CNKD. BY 1x1111_ DATE �t1oA ` Qap$IY JOB NO. 1?EM A. SaWC%A E (U.MOOL AggVaqa+c $asa e A .C. z. _JrM+all /-1'1 P.V.C. Pipo a. Aggvaqa-V4. 8asn I 4. Claan ods 5. 60V16ko"--HodoVQs 0. Trak is Coylt(al QJAaTtTq l M14 .0 1 .4 S,I66 p .2S-sqA $ 1,Z°12,00 21W033 0 10.00 0. 42(oJ330.00 5)l(0(0sq.4 ca IM LA SA $ 8114- I .M -+ as . as 500.00 as 3, 5x0.00 3 Qa . (a 500.wwt t 1.1S00 Ap LdmpSoVri ® 1,000.00 4I,o00.00 Sob 1((0-�a1 4A /Z')O')'y •00 1061. COY111V19QY1f.l aS �1,20�%.�� 800u 4 y(" soo.o0 nd No. 5018399 v 0F:PAR 1NIEN1 OI' BUIL DI NGANDSAFF;'I"Or emium; $2,840.00 ( OIIN I 01 ORANGF GRADING PERMIT SURETY BOND KNOW ALL MEN BY THFSF: PRESENTSt That Wilshire Diversified, Inc. , as Principal, and Hartford Accident and Indemnity Company a corporation organized and existing under the laws of the State of Connecticut and duly authorized to transact a surety business in the State ofCalifornia, as Surely, are held and firmly boun u to he cnanty of orange in the ;a,t and Ina swn of One Hundred Fifty Seven Thousai Hundred - for the payment of which, well and truly to be made, said Principal and Surety bind themselves, their heirs, adminis- trators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT, WHLREAS, the said Principal above named is applicant under Grading Permit No. of the County of Orange, California, for an excavation or fill of 250 yards or more, on the following described property: Grading permit Tract # 9034 and WHEREAS, the estimated cost of the work authorized by the permit is S 157,800.00 , NOW, THEREFORE, it is agreed that if the Principal shall: a. Comply with all the provisions of "The Excavating and Grading Code of the County of Orange", Article I of Division 1 of Title 7 of the Codified Ordinances of the County of Orange, commencing with Section 71.041 thereof; and b. Comply with all the terms and conditions of the permit to the satisfaction of the Director of Build- ing and Safety; and c. Complete all of the work contemplated under the said permit within the time limit specified in the permit, and any extension or extensions thereof, and d. Reimburse the County for any work the Director of Building and Safety deems necessary to complete, correct or otherwise undertake the work specified in the permit, or any work he deems necessary for the public safety, because of any failure on the part of the Principal, then this obligation shall be null and void; other- wise it shall remain in full force and effect. PROVIDED, HOWFVER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the permit or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the permit or of work to be performed thereunder, and PROVIDED, FURTHFR, that in case suit is brought upon the bond by the County 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 or Surety. IN WFFNESS 21�th F, rhe said Principal and said Surety have caused these presents to be duly signed and sealed this (7 day of August 19-M, Wilshire Diversified, Inc, 1 pC\�U llnndpal B> By Hartford Accident arA,7Indemnity Company surely Iiy� E. Harned Dav s Attor ev-i^•Fart F 2062-96 2 e STATE OF CALIFORNIA $3. COUNTY OF.. On this __Lo_s__Angeles_- th _AU USt_..____.in the year one thousand nine hundred and Severity-$.exen- -• before me, -.- ?l5th day of.. � y -, a Notary Public in and for said County, residing therein, duly E. Harned Davis commissioned and sworn, personally appeared_ ---------------- known to me to be the Attorney -in -Fact of the Hartford Accident and Indemnity Company, the Corporation described in and that executed the within instrument, and also known to me to be the person..._ who executed it on behalf of the Corporation therein named, and ----.-he----.. acknowledged to me that such Corporation executed the same. 9jL Wi&,QA ., WILQ 4, I have hereunto set my hand and affixed my Official Seal, at my office, in the said County, the day and year in this certificate first above written. My Commission will Expire. ... __. -- — - Form 3-3663-0 Printed in U. S. A. 3-'67 Scale of Carl Notary Public m and for smd County, nu 0 0 ✓(38) It was moved by councilman Friess, seconded by Councilman (49) Hausdorfer and unanimously carried to authorize release of (85) the following Grading Bonds as set forth in the report dated June 2, 1981, from the Director of Public Works, and subject to review by the San Juan Hills East Homeowners Association: Bond #5018279 in the amount of $163,685, Tract 9182, and Bond #5018399 in the amount of $157,800, Tract 9084, both held by Hartford Accident and Indemnity. -11- 6/2/81 4 AGENDA ITEM June 2, 1981 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Authorization to Release Grading Bonds - Tracts 9182 and 9034, San Juan Hills East (Wilshire Diversified) SITUATION The developer has completed all the work covered by the above referenced bonds and requests their release at this time. The work has been inspected and approved by the Building & Safety Division. San Juan Hills East is still experiencing some groundwater problems, and associated damage to the private streets. The developer, in conjunction with the Engineering Division, is proceeding with a solution at this time. The Engineering Division has secured a bond to cover the corrective work within the private streets. The bonds referred to in this action are as follows: #5018279 Tract 9182 $163,687 With Hartford Accident & Indemnity #5018399 Tract 9084 $157,800 " " FINANCIAL CONSIDERATIONS There are no direct costs to the City by this action. ALTERNATE ACTIONS 1. Authorize staff to release the grading bonds. 2. Do not authorize staff to release the grading bonds. 3. Refer to staff for additional information. RECOMMENDATION By motion, authorize staff to release the grading bonds for Tracts 9182 and 9034, in the amounts of $163,687 and $157,800 respectively. IResppectfully,Isu itted, 1,.J,` J. ��1 W. D. Murphy WDM:JG/rem FOR Gf Y COUNCIL AGENDA ... • Bond No. ZO19717 act No. • TroO41J__ or Project Premium: $95.00 BOND FOR IMPROVEMENTS (FAITHFUL I'ERIIORMANCE) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Wilshire Diversified, Inc. whose mailing addressis 400 No_Central al, Glendale, Calif. hereinafter designated as Principhave 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 go -4 ) (Project _) 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 _Hartford Accident and indemnity Company whose mailing address is 12440 Firestone Blvd. NOrWa1k_ Calif , as Surety, are held] and firmly bound unto the City of San Juan Capistrano, here. ftoCC }}S � City, in the penal sum Of Five Thousand Two Hundred Sixty gffiah 4 Vc,264.00 ) 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. �e condition of this obligation is such that if the above bounded incipal, his or its heirs, executors, administrators, successors or 'signs, shall in all things stand to and abide by, and well and truly )Wep and perform the covenants, conditions and provisions in the said greement and any alteration thereof made as therein provided, on his or ..,.J heir part, to be kept and performed at the time and in the manner therein pecified, and in all respects according to their true intent and meaning, V I{ Qdnd shall indemnify and save harmless the City of San Juan Capistrano, its ffi.cers, agents and employees, as therein stipulated, then this obligation ha11. become null and void; otherwise it shall be and remain in full force �nd effect. ®e�As a part of the obligation secured hereby, and in addition to the face M mount specified therefor, there shall be included costs and reasonable W xpenses and fees, including reasonable attorney's fees, incurred by City 1 n successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. r� V 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 I $ performed thereunder, or the specifications accompanying same, shall in -Jany way affect its obligations on this bond, and it does hereby waive any I "";notice of any such change, extension of time, alteration or addition to the u ! -,!..terms of the agreement or to the work or to the specifications. s.,."t- 1N WITN1.SS WHEREOF, this j.,�strumcut has been duly executed by the principal (,�'"`and surety above named ogIV EIAp& t 29, 1972. ' �..:' J 0.F• `� G PRINCII \>4OVQ84, SURETY U- _ o i (' Wilshire Diversifi a nc c`H rtford Accident and Indemnity Company (Surety Name) I3y.4.,-- E. Ha ned Davis, Attorney in Fact By �i..,... M. By (Attorney -in -Fact) Address of Sub 'vider: 400 N Ca,+r. t Ove_ Glendale CA 919n9 ROTE: Acknowl,dgments of execution of Principals and Surety must be attach,,:'.. If and r,m::t be Ott a('1100 to Su L. 1 i vi ni wl A,Irk "r. "n t. App. L BOND FOR IMPROVEMENTS (FAITHFUL PERMUTANCE) Bond No. *Tract No. or Project Premium: $25.00 MONUMENTATION WHEP£AS, the City Council of t!__ City of San Juan Capistrano, State of California, and Wilshire Diversified, Inc. whose mailing address is 400 North Central .iendaie; Calif , hereinafter designated as Principal, have entered into an agreement whereby Principal agrees to install and complete certain designated improvements, which said agreement dated , 19 as (Subdivision Agreement for Tract 9034 ) (Project is identified hereby referred to and made a part hereof; and WHEFXAS, Said Principal is required under the terms of said agreement, to furnish a bond for the faithful performance of said agreement. NOW, THEPZFORE, we, the Principal, and Hartford Accident and Indemnity Company , whose mailing address is 12440 Firestone 1vd_ T orwa , Calif. , as Surety, are held and firmly bound untoRthe City of San Juan Capistrano, hereinafter called City, in the penal sunt Of Four Hundred andNo/100-------- Dollars (s 400.00 ) 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 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 germs of the agreement_�r_ to the wort: or to the specifications. DIVERS .IN WITNESS 1HEREOF'\P slF went has been duly executed by the principal and surety above ° o�+el 44 ust 29, 1977 . a PRI C4 AToec. 31, 1969 SURETY Wilshire Diversif ed Inc. Hartford Accident and Indemnity Company Q ( urety Name) ' .5 _ E. Harped Davis, Attorney in Fact ByU Jam_ By y i Attorney -in -Fact) Address of Sub eider: Glendale, CA 91209 NOTE: Acknowledgments of execution of Principals and Surety must be attached. Bond must be attachod to Subdivision Agreement. STATE OF CALIFORNIA 1 SS. COUNTY OF .... Los ... .Ange.le.S_ On this ...29th . --day of.. AU9420--_--..._._.in the year one thousand nine hundred ands eve-ntY.- seven , before me, ...... .......___ a Notary Public in and for said County, residing therein, duly commissioned and sworn, personally appeared .... E-.--- H8T'ne$_-- Davis ---- ----- ---- known to me to be the Attorney -in -Fact of the Hartford Accident and Indemnity Company, the Corporation described in and that executed the within instrument, and also known to me to be the person_,._ who executed it on behalf of the Corporation therein named, and ......he...... acknowledged to me that such Corporation executed the same. g� (dVni� wi I have hereunto set my hand and affixed my ' Official Seal, at my office, in the said County, the day and year in this certificate first above written. My Commission will Expire ____.._ ......... __.__.... Form 3-3663-t1 Printed in U. S. A. 3-'67 TO 1946 CA (8-74) (Corporation) STATE OF CALIFORNIA Notary ]?Akk In and for said Conaty, Stare of C.14uvoiz ``.■TITLE INSURANCE AND TRUST COUNTY OF Tnc Anu,p1PS I S.S AMOK COMPANY Oma—---""6w-*-ter 1977 before me, the undersigned, a Notary Public in and for said State, personally appeared_. _ _ 4a1- known tome to be the. —. V1C2_ __President, and— E. W_T Iowe____ _ known to me to be_ Ei.SSt. ____-Secretary of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Signature�LC(_ �- W_A ia– OFFICIAL 5�.,,,�„",'•'•,,111111 .EAL r RFNEE M. BARRETT ¢-", NOTARY PUBLIC -CALIFORNIA t ' ='I", LOS ANGELES COUNTY a : My Commission Expires Apc27.... (This area for official notarial seal) Bond No. 9019717 • Tract No. g03 • or Project rp. .._... �.a in BOND FOR IMPROVEMENTS (LABOR AND MATERIALS) WHEREAS, the City Council of the City of San Juan CapisL-rano, County of Orange, State of California, and Wilshire Diversified, Inc. whose mailing address is 400 No. Central, Glendale, California , hereinafter designate a� —s 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. 903 ) (Project ) is hereby referred to and made a part hereof; and WHEREAS, Under the terms of said agreement, Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of San Juan Capistrano to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, said Principal and the undersigned as corporate Surety, are held firmly bound unto the City of San Juan Capistrano, and all con- tractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the afore - id of Civil Procedure in the sum of Five Thousand Two Hundred Sixty -Four & N DOTTars ($ 5,264.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing 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 cith 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 August 29, , 1977 PRINCIPAL SURETY Wilshire Diversified, Inc. Hartford Accident and Indemnity Company 1 (Ejurety Nary a �BY<«c�a�==�- ����" E. arned Davis, ttorney in Fact By By (Attorney -in -tact) Address of Subdivider: 400 N. Central Ave. Glendale, CA 91209 1 NOTE: Acknol.wedgements of execution by Principals and Surety must be t attached. Bond must be attached to Subdivision Agreement. App. 7 STATE OF CALIFORNIA COUNTY OF. ___-LOS._.Angel,es_sx. On this._ 29thAay of . AkXgMst.__in theear one thousand nine hundred and seveneven ty s y -- - _ MP hARRIs _, before me. �! -- ------ --------------- a Notary public in and for said County, residing therein, duly commissioned and sworn, personally appeared_.___.Haraed' Davis known to me to be the Attorney -in -Fact of the Hartford Accident and Ind_emn..ity Company, the Corporation described in and that executed the within instrument, and also known to me to be the person_.__ who executed it on behalf of the Corporation therein named, and he.__. acknowledged to me that such Corporation executed the same. �� y,�,-_ , • �� 9n (c%tn,¢6a Cl%l2eh,¢a�� I have hereunto set my hand and affixed my Official Seal, at my office, in the said County, the day and year in this certificate first above written. My Commission will Expire _ _ ______ Form S-3663-6 Printed in U. S. A. 3-'67 TO 1945 CP 1.7.1 iCorporation) STATE OF CALIFORNIA S& couNTY of I is Angeles j Notary Public in and for raid County, State n( Calif. , TITLE INSURANCE ANDTRUST ATCAR MMea)ry —before me, the undersigned, a Notary Public in and for said State,ersonall appeared----- lL-GZllC 8. JOIICS P Y -- ---_ known to me to be the— _--- _ ViCe _P, known to me to be_ —_ Asst • —Secretary of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Signature 4��C �e( " and_ Mel Wynn. Vice Fresidmn and ............ ...OFFICIAL SEAL Qjp�;"RENEEM.BARRETT NOTARY PUBLIC.CALIFORNIA LOS ANGELES COUNTY My Commission ExpiresApr.27.1981Y :.r........ � ................ 1���1..„.... ,,.�,.. �.,,,. (This area for official notarial seal) x _ .—Bond No- _5.0-19715 Tract No, 90�1E or Project Pre}mium$8 .00 ENTS (FAITHFUL PERFORZD FOR 1ANC j WHEREAS, the City Council of t`._ City of San Juan Capistrano, State of California, and Wilshire Diversified, Inc. mailing address is 400 No. Central, Glendale, Calif.whose 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 903 ) (Project ) 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, andartford Accident and Indemnity Cerny , whose mailing address is 12440 Firestone B , Norwalk, Ca1iP. , as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called City, nt in the penal su Of For y Eight Thousand and No/10(Dollars ($48,000.00 ) lawful money of the United States, for the payment of which sun well and truly- to rulyto 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; others -rise it shall be and remain in full force and effect - As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City . in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered - The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder, or the specifications accompanying same, shall in. any way affect its obligations on this bond, and it does hereby waive any notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the wort: or to the specifications_ IN WITNESS :HEREOF, and surety above na PRINCI A - By o Dec, 31, 1969 Inc. CALIF By Vk& NN ^li,w ``�►er ' Address of Subdiv Glendale, CA 91209 has been duly executed by the principal st 29, , i9 77_ SURETY iartford Accident and Indemnity Company ety Name) trite tE -c'c,7 E. Harned David, orney in Fac By attorney -in -Fact) ;NOTE: Acknowledgments of execution of Principals and Surety must be attached. Bond must be attached to Subdivision Agreement. n 6 _ STATE OF CALIFORNIA t ss. .OUNTY OF _ ._Los .,Angeles.__ On this ._29th day of__. AUVUB't______in the year one thousand nine hundred and&eVentyo-aeven....., before me, :i3R13.__._ —._ ______, a Notary Public in and for said County, residing therein, duly commissioned and sworn, personally appeared. _.._._E-..- Harned_Davis ..._....- known to me to be the Attorney -in -Fact of the Hartford Accident and Indemnity Company, the Corporation described in and that executed the within instrument, and also known to me to be the person_..- who executed it on behalf of the Corporation Therein named, and _._he....-. acknowledged to me that such Corporation executed the same. y 5L Wdj� `(%Af, Rof, I have hereunto set my hand and affixed my Official Seal, at my office, in the said County, the day and year in this certificate first above written. r. 1945 CA 1. 1., (Corporation) ����yy �TRLE INSURANCE 4 STATE OF CALIFORNIA AND TRUST f— AncoRComaANr My Commission will Expire _.. ././�} Form3-'67--.- Form S-63-0 Printed in U. S. A. 3 67 known to me to be_ ___PrSSt___Secretary Nota y Pubt m and for said (46unty, State of CahG.mia r. 1945 CA 1. 1., (Corporation) ����yy �TRLE INSURANCE 4 STATE OF CALIFORNIA AND TRUST COUNTY OF Los Pinnal e SS. AncoRComaANr 19]% before me, State, personally appeared_---- Mel WV1721 the undersigned, a Notary Public in and for said known to me to be the__ _ Vi.Qe ___-- -----• — _— President, and__—L�TW j14 ntaa known to me to be_ ___PrSSt___Secretary _ —' of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and n me that such corporation executed theF_ within instrument within instrument pursuant to its by-laws or a resolution of •_ • ............ Ur F I C IAL . ....................... ., •' � - SEAL = its board of directors. t RENEE M. BAfZRETT , IA WITNESS my hand and official seal. _ `_�,� �:: TARY PUBLIC- CALIFORN NO = NGELES COUNTY 7 Signature ;.> � LOS A - g My Commission Expires APT. 27,1981 - (This area for official notarial seal) Bond No. 5_0�717 • 'Tract No. qo,4 or Project Premium: $95.00 BOND FOR IMPROVEMENTS ' (FAITHFUL PERFORMANCE) RE U�,ti�y� WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Wilshire Diversified Inc. , whose mailing address is 400 No. Central Glendale, Calif. 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 9034 ) (Project ) 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 Hartford Accident and Indemnity Company , whose mailing address is 12440 Firestone Blvd. Norwalk�Calif- , as Surety, are held and firmly bound unto the City of San Juan Capistrano, herei e City, in the penal sum of Five Thousand Two Hundred Sixty 5ais]W4#264.00 ) 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, :ts officers, agents and employees, as therein stipulated, then this obligation shall. become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder, or the specifications accompanying same, shall in any way affect its obligations on this bond, and it does hereby waive any notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN ItiITNLSS 1,73REREOF, this meat has been duly executed by the principal and surety above named op NE t 29, , 1917 . PRINCIP -z- Wilshire Wilshire Diversifie 0,-- ncf),, ei 1g69 i 13y Address of SulAhvider: 400 NCentral Ayp Glendale CA 91904 SURETY rtford Accident and Indemnity Com an (Surety Name) E. Harned Davis, Attorney in Fact By -- -- Attorney-in-I•'act) NOTE: Acknowledgments of execution of Principals and Surety must be attachr:i. R�nu1 m>>:;t he attach:�d to S�:l,.li��i:,i�%n lu�rc_°t:.�•nt. App. C STATE OF CALIFORNIA ss. COUNTY OF... __.Los_ A 1901e$..__-. On this. 29th day of. August __.___..in the year one thousand nine hundred and SeVenty-Seven_._, before me, a Notary Public in and for said County, residing therein, duly commissioned and sworn, personally appeared _..._f7(._.HB:Y:r12d D'qvS._...._._._ known to me to be the Attorney -in -Fact of the Hartford Accident and Indemnity Company, the Corporation described in and that executed the within instrument, and - --- - also known to me to be the person .... who executed it on behalf of the Corporation - therein named, and ... he. , _ acknowledged to me that such Corporation executed the same. ,' y �' y 9X WVnAAJ_ WILeAV4, I have hereunto set my hand and affixed my Official Seal, at my office, in the said County, the day and year in this certificate first above written. My Commission will Expire----------- ------------_.. ...-----. _- --_.V fi�-LJ -... Farm S-3663-0 Printed in U. S. A. 3-'67 Norary Publ c in and for s9' County, State of Cal Eomla TO 1965 CA (6-]3) (Corporation) �TM.E INSURANCE ANDTRUST STATE OF CALIFORNIA SS. AMCOR COMMW COUNTY OF LOS Angeles On__._—A'A9U—St29� 1977 before me, the undersigned, a Notary Public in and for said State, personally appeared_. _ _ Mel j1 _ known tome to be the— V1Ce _ ----President, and— E__W _—Mal(7We ___ known to me to be—__ ASSt. secretary of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the wu.......,. ., ,. .. ,.,,. ....,.. within instrument pursuant to its by-laws or a resolution of its board of directors. OFFICIAL SE WITNESS my hand and official seal. Signature 4f 2tv �r� ��%- A_li. kR-f— RENEE BM.L LI BARRETT NOTARY pUgLIC•CALIFORNIA LOS ANGELES COUNTY My Commission ErpiresApr. 27, 1981 (This area for official notarial seal) AGENDA ITEM May 21, 1980 • TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public 'Works SUBJECT: Resolution, Notice of Completion and Acceptance of Public Improvements and Release of Sureties - Tracts 9034 and 9182, San Juan Creek Road (Wilshire Diversified) SITUATION The developer of the subject project has requested that the City accept the public improvements and release the surety. The public improvements have been completed and accepted by the City Inspector. The City is requesting a Notice of Completion to be filed with the County Recorder. The surety devices for -these developments are: Surety Amount Number Bond $ 400.00 5019715 Bond 48,000.00 5019716 Bond 5,264.00 5019717 Bond 5,264.00 5019717 Bond 27,000.00 5017619 Bond 163,250.00 5017620 Bond 163,250.00 5017620 FINANCIAL CONSIDERATIONS Company Hartford Accident & Indemnity Hartford Accident & Indemnity Hartford Accident & Indemnity Hartford Accident & Indemnity Hartford Accident & Indemnity Hartford Accident & Indemnity Hartford Accident & Indemnity Purpose Monumentation _ Faithful Per- formance Faithful Per- formance Labor & Mater- ials Faithful Per- formance Faithful Per-_ formance Labor & Mater- ials There is no cost or compensation to the City for this action. ALTERNATE ACTIONS 1. Accept the public improvements resulting from Tracts 9034 and 9182, require a Notice of Completion to be filed, require an extension of the Faithful Performance sureties for public improvement to May 21, 1981, and exonerate the Labor and Material and Monumentation sureties. Agenda Item May 21, 1980 Page 2 2. Do not accept the public improvements for Tracts 9034 and 9182. 3. Request further information from staff. RECOMMENDATION By resolution, determine that the work resulting from Tracts 9034 and 9182 has been completed and declare the work to be accepted; direct that within ten (10) days from the date of acceptance, a Notice of Completion be filed with the County of Orange Recorder. By motion, require an extension of the Faithful Performance sureties for public improvements to May 21, 1981; direct staff to exonerate the Labor and Material sureties and the Monumenta- tion sureties upon expiration of thirty-five (35) days from the tiling of the Notice of Completion. Authorize staff to release the Faithful Performance sureties on May 21, 1981. Respectfully submitted, U, f*'). 0 -eq W. D. Murphy WDM:CMB/pjs Enclosures • ' �jI /' ; f///l ; (lllLll. � l�ll(�ifll(lld / 32400 PASEO AOELANTO .• SAN JUAN CAPISTRANO, CALIFORNIA 92675' 'PHONE493.1 ,1/71' July 12, 1982 San Juan Hills East Private Street Maintenance Association 31991 Via Plata San Juan Capistrano, California 92675 Attention: Bob Murphy Gentlemen: At their meeting of July 6, 1982, the City Council took unanimous action in approving the private street improvements in San Juan Hills East, in releasing Wilshire Diversified, Inc. from all maintenance obligations of the private streets in San Juan Hills East, and directing staff to release Bond Number 5044113 from Hartford Accident and Indemnity Corporation in the amount of $46,300. If you have -any questions, please don't hesitate to call. very truly yours, MARY ANN NOVER, CMC City Clerk MAH/na cc: John Strater Wilshire Diversified Director of Public Works 32400 PASEO AOELANTO SAN JUAN CAPISTRANO. CALIFORNIA 92675 4 PHONE 491.1171 - July 17, 1981 The Hartford Insurance Group 3435 Wilshire Blvd. Los Angeles, CA 90010 Attn: Bond Department Re: Grading Bond #5018399, Wilshire Diversified, Tract 9034, $157,800.00; Grading Bond #5018279, Glendale Federal Savings., & Loan, Tract 9182, $163,687.00 Dear Sirs: The City of San Juan Capistrano has inspected and accepted the grading work covered by the abovementioned bonds, and hereby releases its interest in said bonds. Very truly yours, CITY OF SAN JUAN CAPISTRANO G. Gaffne ssistant Building & Grading Engineer JGG/nep cc: City ClerkV Wilshire Diversified, Inc. 32400 PASEO ADELANTO SAN JVAI; CAPISTRANO. CALIFORNIA 92675 PHONE 4931171 June 9, 1981 Wilshire Diversified, Inc. Attn: Renne Barrett, Secretary P. O. Box 7712 Burbank, California 91510 Re: Release of Grading Bonds - Tracts 9182 and 9034 Gentlemen: At their meeting of June 2, 1981, the City Council authorized release of Grading Bond No. 5018279 for Tract 9182, in the amount of $163,687, and Grading Bond No. 5018399 for Tract 90$4 in the amount of $157,800. The release of these Bonds is subject to review by the Homeowners Associations. If you need further information, please do not hesitate to give me a call. Very truly yours, MARY ANN HANOVER, CMC City Clerk MAH:ol cc: San Juan Hills East, Private Street Maintenance Association "It 11 11#1, Leo Jones, President "to it 11#2, George Donnell, President 11 to It #3, Dayton Dickey, President to to " Is #4, Elise Bolstad, President to 11 go #5, John Zalyor, President of to if " #6, Lucille Powell, President " it of " #7, Ted Stephenson, President Director of Public Works Administrative Services we ARE DIVERSIFIED INC. City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attention: Mr. Joe Gaffney Gentlemen: 0 RFMVI,G May 21, 1989AY LL 1 1. PIA '81 (I T'; SAN �Il,'.N (QAC: As all work covered by the Grading Permit Surety Bonds for Tracts 9182 and 9034 has been completed, we are requesting the release of the following: 1. Bond No. 5018279 Principal: Glendale Federal Savings and Loan Association Date: June 24, 1977 Amount: $163,687.00 2. Bond No. 5018399 Principal: Wilshire Diversified, Inc. Date: August 26, 1977 Amount: $157,800.00 It would be appreciated if you could expedite the exoneration of the above -referenced bonds. Sincerely, Renee Barrett Secretary to Mel Wynn, Executive Vice President WILSHIRE DIVERSIFIED, INC., POST OFFICE BOK 7712, BURBANK, CALIFORNIA 81510 • (213) 841-2048 A Su0aldiary o1 Glendale Federal Savings 8 Loan 32400PA5EO AOELANTO SAN JUAN CAPISTRANO. CALIFORNIA 92675 PHONE 4931171 July 13, 1981 Renee Barrett WILSHIRE DIVERSIFIED 400 North Central Avenue Glendale, California 91209 Re: Release of Sureties Dear Ms. Barrett: Tracts 9034 and 9182 At their meeting of May 21, 1980, the City Council adopted Resolution No. 80-5-21-6, which accepted the public improvements on Tracts 9034 and 9182. The City Council at that time required an extension of the following sureties until May 21, 1981: Faithful Performance (public) Bond No. 5019717, Tract 9034, in the amount of $5,265.00; and, Faithful Performance (public) Bond No. 5017620, Tract 9182, in the amount of $163,250. As you are aware, a problem regarding sub -surface water within private streets was brought to the attention of the City Engineer and the above-mentioned sureties were held until resolution of the problem. .We have been advised by the City Engineer that an agreement has been reached between the City, the homeowners' associations and Wilshire Diversified whereby certain work is underway, within the private streets, to eliminate the water problems. Therefore, the above-mentioned Bonds Nos. 5019717 and 50176120, may be released effective July 2, 1981. Please be advised that Faithful Performance (private) Bond No. 5017619, Tract 9182, in the amount of $27,000 was released by the City Council effective July 2, 1980. Subsequently, the City Engineer required said bond to be held for release on July 2, 1981. Renee Barrett • -2- July 13, 1981 Faithful Performance (private) Bond No. 5044113, in the amount of $46,300 has been received in this office. Said bond is to guarantee completion of the reconstruction work (Tracts 9034 and 9182) and will be held for one year after completion of the improvements. Copies of the bonds to be exonerated are enclosed for your information, and copies have been forwarded to Hartford Accident and Indemnity, the bonding company. If you have any questions or need additional information, please do not hesitate to call. Very truly yours, MARY ANN H OVER, CMC City Clerk MAH/cdc Enclosures cc; Hartford Accident and Indemnity Company Director of Public W ks Records Coordinator 1 A' r 0 MEMORANDUM June 4, 1981 TO: Mary Ann Hanover, City Clerk FROM: George M. Lohnes, City Engineer / SUBJECT: Release of Public Surety, Tracts 9034 and 9182 - (Wilshire Diversified) San Juan Creek Road SITUATION In May, 1980, the City Council accepted the public improvements for the subject tracts and a Notice of Completion was filed with the County Recorder. However, before the surety was released the respective homeowners associations requested assistance from the City Engineer in resolving a sub -surface water problem within the private streets. The City has held the public improvement surety for these tracts pending resolution of the problem. An agreement has been reached between the developer, the homeowners associations and the City wherein certain work is underway, within the private streets, to eliminate the water problem. The City has accented a new private Faithful Performance bond in the amount of $46,300 to guarantee completion of the reconstruction work. This bond will be held for one year after completion of the improvements. Now that an agreement has been reached between the parties con- cerned and a new bond posted to guarantee the work it is now appropriate for the City to release the previously held surety in accordance with the City Council's action of Play, 1980. The attached schedule outlines the various sureties discussed herein and the recommended action on each. GeorgEr M. Lol6fts§r. GML:MB/rem i 0 SURETY TO BE RELEASED JULY 2, 1981 Bond No.: 5017620 (Faithful Performance) Principal: Glendale Federal Savings Obligee: City of San Juan Capistrano Amount: $163,250 Bond No: 5017619 (Faithful Performance) Principal: Glendale Federal Savings Obligee: City of San Juan Capistrano Amount: $27,000 f Bond No.: 5019717 (Faithful Performance) Principal: Wilshire Diversified, Inc. Obligee: City of San Juan Capistrano Amount: $5,264 NEW SURETY TO BE HELD Bond No.: 5044113 Principal: Wilshire Diversified, Inc. Obligee: City of San Juan Capistrano Amount: $46,300 '!o ->''rr Y a r�-e �C QCA FTr C 0 i _i C/�� / Jr/r! /!/rl// �rfJ/Jl?!////' • 32400 PA5LO ADCLANi0 SAN JUAN CA PISTRANO. CALIFORNIA 92675 PNOW. 493-1171 i May 29, 1980 Renee Barrett WILSHIRE DIVERSIFIED 400 North Central Avenue Glendale, California 91209 Re: Completion of Public Improvements - Tracts 9034 and 9182 Dear Ms. Barrett: Tib. �o3�<I Enclosed is a copy of Resolution No. 80-5-21-6, which was adopted by the City Council at their meeting of May 21, 1980. The Resolution accepts the work completed for the public improvements on Tracts 9034 and 9182. The Notice of Completion was recorded on flay 23, 1980; therefore, the following bonds may be exonerated on July 2, 1980: L�Monumentation Bond No. 5019715, Tract 9034, in the amount of $400.00; labor & Materials Bond No. 5019717, Tract 9034 in the amount of $5,264.00; LA'raithful Performance (private) Bond No. 5019716, Tract 9034 in the amount of $48,000.00; Labor & Materials Bond No. 5017620, Tract 9182 in the amount of $163,250.00; Faithful Performance (private) Bond No. 5017619, Tract 9182 in the amount of $27,000.00. The following bonds were extended to May 21, 1981: 1 a//Faithful Performance (public) Bond No. 5019717, Tract 9034 in the amount of $5,265.00; t,PrFaithful Performance (public) Bond No. 5017620, Tract 9182 in the amount,pf $163,250. Renee Barrett • -2-- D.029, 1980 Copies of the bonds to be exonerated are enclosed for your information, and copies have been forwarded to Hartford Accident and Indemnity, the bonding company. If you have any questions or need additional information, please let us know. Very truly yours, G%�Llll , (MRS) MARY ANN HANOVER, CMC City Clerk MAH/cj Enclosure cc: Hartford Accident and Indemnity Director of Public works