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1978-0201_TIERRA DEL CABALLO_Subdivision AgreementRECORDED IN OFFIUAL 23759 ORANGE COUNTY, CALIFORNIA L30 "' ] PM. JUL 22100 LEE a wsANCK CGUMV R«.ra« RECORDED AT THA"REQUEST OF AND RETURN TO: E..v PT City of San Juan Capistrano C 2 Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 6103 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the agreement between the City of San Juan Capistrano, California, and Erickson Enterprises, 1698 Greenbriar Lane, Suite 213, Brea, California, 92621, subdivider of Tract 9204 requires the subdivider to complete the following work to wit: CONSTRUCTION OF PUBLIC IMPROVEMENTS IN CONJUNCTION WITH TRACT 9204 IN THE CITY OF SAN JUAN CAPISTRANO That said work was completed by said subdivider according to plans and specifications and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano, at a regular meeting thereof held on the 16th day of July , 1980, by Resolution No. 80-7-16-10 That upon said agreement the American Motorist Insurance Company was surety for the bonds given by the said subdivider. Dated at San Juan Capistrano, California, this 17th day of July , 1980. Mary Ann nover, City Clerk of the Cit of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, do hereby certify under penalty of perjury that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Council. Dated at San Juan Capistrano this 16th day of July , 1980. (SEAL) Mary Ann/ anover, City Clerk of San Juaff Capistrano 99 W J O Mary Annftover, City Clerk City of an Juan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the agreement between the City of San Juan Capistrano, California, and Erickson Enterprises, 1698 Greenbriar Lane, Suite 213, Brea, California, 92621, subdivider of Tract 9204 requires the subdivider to complete the following work to wit: CONSTRUCTION OF PUBLIC IMPROVEMENTS IN CONJUNCTION WITH TRACT 9204 IN THE CITY OF SAN JUAN CAPISTRANO That said work was completed by said subdivider according to plans and specifications and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano, at a regular meeting thereof held on the 16th day of July , 1980, by Resolution No. 80-7-16-10 That upon said agreement the American Motorist Insurance Company was surety for the bonds given by the said subdivider. Dated at San Juan Capistrano, California, this 17th day of July , 1980. Mary Ann nover, City Clerk of the Cit of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, do hereby certify under penalty of perjury that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Council. Dated at San Juan Capistrano this 16th day of July , 1980. (SEAL) Mary Ann/ anover, City Clerk of San Juaff Capistrano 99 W J O RECORDING REQUESTED BY AND WHEN RECORDED RETURN T ' CITY OF SAN JUAN WPISTRANO ; 26512 Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RECORDING FEES EXEMPT DUE TO GOVEFWNT CODE SECTION 6103 MARY ANN OVER, City Clerk Ln San Jua Capistrano, California N EXEMPT Tract No. O < _ = C4 � lD SUBDIVISION AGREEMENT m _M ~. 1 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 CPPV_ OF Sr??a JUP.?1 CAPISTR..ANO, a Municipal Corporation, hereinafter called the "City" and 'SIERRA DEL CABALLO whose mailing address is 19052 Lamplight Lane Yorba Linda, CA 92.686 hereinafter called the "Subdivider." WITNESSETH: RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA 9:05 A.M. FEB 221,978 J. WYLIE CARLYLE, County Recorder THAT, WHEREAS, Subdivider has filed with the Planning Commission of the City a tentative map for a proposed subdivision, known as Tract No. 9_70.4,1 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 agreement and providing the improvement security required to.assure the furnishing and instal- lation of said improvements within the time herein provided. NOW, THEREFORE, in consideration of the premises and the approval of the final map of said subdivision and the postponement of the time to install such improvements, and to satisfy the said condition of the approval of the said tentative map, the Subdivider hereby undertakes, promises and agrees as follows: 1. Subdivider will, at his (its) own cost and expense, improve said tract by doing all work and providing and furnishing all labor, materials and equipment and making all installations shown on the improvement plans signed and approved by the City Engineer and specified by the Specifica- tions of the City of San Juan Capistrano, which plans and specifications are on 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, cross-qutters 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 .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 t.h�- approval of the tentative subdivision. For purposes of this agreer„ent, the. City Engineer ahai.1 i::: tf•r.T.l n:: the o.stima .•'C. ci)ot:3 of ?id improvements to be used for Surety devices as required herein. 2. Subdivider will, at his (.its) own cost and oxpense, provide and install all on-site and o.f-sito water mains and appurtenances and will provide ed`.1 labor and material to connect the same to existing mains and facil ii.es of the Orange County Waterworks District #r4, and will comply vith all of the requirements of said District, and with the plans and specifac,btions for said wort; s.i.gn-d by, and on file in the office of the Man,x3er of said District, incorporated herein by reference. 3. Subdiu'.der agrees to pay all applicable fees assigned 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 sub6ivider's subdivision and proposed improvements. -1- Tract No. RA 12572PC 1999 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.agreem=nt. 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 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 and to pay all :osts specified herein within a period of 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 amly authorized officer, and shall in no way affect the falidity of this agreement or the obligations hereunder. Bonds furnished hereunder stall be kept in full force and effect until said work and improvements stall 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. cast of any of said work done by the City, its agents and contractors, or amy 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 damar-e 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 to the completion and acceptance of the improvements described herein, Subdivider shall perform all work .drn a safe, workmanlike manner and shall take such precautions as may be necessary to warn and protect the public from any danxlerous condition caused by the construction of said improvements. 11. Subdivider shall hold City, its officers and employees harmless from any and all claicas, 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- -act: No. 81 12572PG2000 Executed at San Juan Capistrano, California this 1st day of February , 19 78 ii ATTEST: San Juan Capistrano City Clerk d APPROVED AND RECOMMENDED FOR EXECUTION: W. d City Enginee ZIT Manager of Orange County Waterworks, District #4 SUBDIVIDER* TIERRA pEL CAB"ASS9C. By (Sigynature) LEIF T. ERICKSON (Office Held) CITY OF SAN JUAN CAPISTRANO By KENNETH E. FRIESS, MAYOR PRO TEM NOTE: Improvement Bond and Material and Labor Bond must be attached to this agreement. * Partnerships, joint ventures, and other corporate entities should contact the San Juan Capistrano City Attorney for acceptable form or. execution. -3- WPPROVED AS TO FORM •--------------- ........ City Attor� ey `- �.. STATE OF California ss. COUNTY OF Orange OFFICIAL SEAL �_�" RUTH E. MUIRQUARD %. NO." v,.. 1'4IlpORNIA ''y P•, - FHC� IN - _ Uq,ANU COUNTY My Commission Expires May 23, 1980 ...------ -- - ACKNOWLEDGMENT—General—Wolcatts Foran 231-4ov. 164 ON SepternhQv 1 , 19—x-7 before me, the undersigned, a Notary Public in and for said State, personally appeared Leif --T .Erickson known to me, to be the person_ whose name_ is subscribed to the within Instrument, and acknowledged to me that _he— executed the same. WITNESS my hand and official seal. e • 11. RELEASE OF GRADING BOND - TIERRA DEL CABALLO, TRACT 9204, AVENIDA SIEGA (ERICKS O:: ENTERPRTSES) V (38) As set forth in the report dated April 21, 1981, from the (49) Director of Public Norks, release of the following grading (85) grading bond was authorized, due to satisfactory completion of the work: Bond No. 8SM-173318, held by American Motorists Insurance Company, in the amount of $20,200.00. qla-(/% AGENDA ITEM April 21, 1981 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Release of Grading Bond, Tract 9204 - Tierra Del Caballo (Avenida Siega) CTTTT➢TTnM The developer of Tract 9204 has completed all the work covered by the subject bond. Accordingly, he now requests the release of that bond. The Building & Safety Division and the Department of Community Planning & Development have made their final inspections and are satisfied with the work. The bond referenced in this report is as follows: Bond # Underwriter Bond Amount 8SM-173006 Courier Insurance Co. $16,592.00 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 authorize staff to release the grading bond. 3. Refer to staff for additional information. RECOMMENDATION By motion, authorize staff to release the grading bond for Tract 9204, in the amount of $16,592.00. Respectfully submitted, /01 W. D. Murphy WDM:JG/rem Encl. FOR CITY c',,pUNC)l. AGENDA ..../// // COUNTY OF ORANGE BOND N0. 8SM 173 318 ENVIRONMENTAL MANAGEMENT AGENC PREMIUM: $202.00 REGULATION BUILDING AND SAFETY GRADING PERMIT SURETY BOND KNOW ALL MEN BY THESE PRESENTS: That TIERRA DEL CABALLO ASSOCIATES, A JOINT SVE=IRP as Principal, and AMICAN 1>74I MTSTS INSURANCE (YWANY a corporation organized and existing under the laws of the State of ILLINOIS TNOIS , and duly authorized to transact a surety business in the State of California, as Surety, are held and firmly bound unto the County of Orange in the just and full sum of TWFNTY =SAND TWO HUNDRED AND NO)100$OLLARS, 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. *$20,200.00) THE CONDITION OF THE ABOVE. OBLIGATION IS SUCH THAT, WHEREAS, 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: ALL NECESSARY GRADING IN TRACT 9204 r and WHEREAS, the estimated cost of the work authorized by the permit is $ 20.200.00 , 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 4 of Division I 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 �tc. 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, HOWEVER, 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, FURTHER, 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 WITNESS WHEREOF, the said Principal and said Surety have caused these presents to be duly signed and sealed this 211'.11 day of _ _ January , 19 7 8 F0250-250 TIERRA DEL CABALLO ASSOCIATES, A JOINT VENTURE ri ipal ` / ei iccson, Managing ire- or By STATE OF CALIFORNIA ss. COUNTY OF orange_ On_ March sa 1979.before me, the undersigned, a Notary Public in and for said State, personalty appeared Leif T, Ericka0n known to me to be the person whose name i6 subscribed to the within instrument and acknowledged to me he WITNESS my hand and official seal. Signature L Audrey L. Smith Name (Typed or Printed) STATE OF CALIFORNIA I ss COUNTY OF LOS ANGELES) • OFFICIAL SEAL • yf K. BOURQUE • ♦ >mb;+r ^a/,' NOTARY FU EUd-CALIFORNIA ♦ • o' Yn PRINCIPAL OFFICE IN LOS ANGELES COUNTY � My Commission Expires May 17, 1981 ♦ the same. ON January 24 (This area for official notarial seal) 19-78 before me a Notary Public in and for said State, personally appeared Jarrniel ina RhrOl .c known to me to be the person whose name is subscribed to the within Instrument as the Attorney -in -Fact of AMERICAN MOTORISTS INSURANCE COMPANY, and acknowledged to me that he subscribed the name of said Company thereto as Surety, and his own name as Attorney - in - Fact. Ic ^�MR SEAL' �i�-'�CALIFORNIA?kk,Ol1NTY?% SA11THm s Ji1L 12, 1980 ON January 24 (This area for official notarial seal) 19-78 before me a Notary Public in and for said State, personally appeared Jarrniel ina RhrOl .c known to me to be the person whose name is subscribed to the within Instrument as the Attorney -in -Fact of AMERICAN MOTORISTS INSURANCE COMPANY, and acknowledged to me that he subscribed the name of said Company thereto as Surety, and his own name as Attorney - in - Fact. Ic AMERICAN MOTORISTS INSURANCE COMPANY =�J� Horne Office: -Long Grove, IL 600 l t POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint ..•+•*•• A. F. Barker, Jacqueline Rhodes and Edward Simms all of Los Angeles, Califor- nia ------------- *1111111111111111111111111111111 its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period begin- ning with the date of issuance of this power and ending December 31, 1978, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds FIVE HUNDRED THOUSAND DOL- LARS EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1978. This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said American Motorists Insurance Company on May 15, 1939 at Chicago, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary or Assistant Secretary as being in full force and effect: "VOTED, That the President or any Vice President or Secretary or any Assistant Secretary shall have power and authority to ap- point agents and attorneys in tact, and to authorize them to execute on behalf of the company, and attach the seal of the company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such officer of the company may appoint agents for acceptance of process.'' This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Board of Directors of the company at a meeting duly called and held on the 22nd day of May, 1963: "VOTED, That the signature of the President, any Vice President, Secretary or Assistant Secretary, and the Seal of the Com- pany, and the certification by any Secretary or Assistant Secretary, may be affixed by facsimile on any power of attorney executed pursuant to resolution adopted by the Board of Directors on .May 16, 1962, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 6th day of September , 19= Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY 45 4, U:- - By C. G. Swan, Secretary H. L. Kennicoll, Jr., Vice President STATE OF ILLINOIS 1, ss COUNTY OF COOK I, lean Petzold, a Notary Public, do hereby certify that H. L. Kennicott, Jr. and C. G. Swan personally known to me to be the same persons whose names are respectively as Vice President and Secretary of the American Motorists Insurance Company, a Corporation of the State of 1Rinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged That they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth "'',`I Y ^ ^ i�✓:° My commission expires: April 29, 1980 jean Petzold, Notary Public CERTIFICATION I, Sven L. Johanson, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney dated Sent -mP 1iPr 6, 1977 on behalf of 0- F- 19arkprr ,TangiTpl i np Rhodes and Edward Simms all of Los Angeles, California (EACH)************** �4.x...lf•Yi4Y.��.Y.iF.IF.IFY.IF.I4.11.YJFY..:.�Yif.JF.14if•.iFdFY.iFiFib.7F.1L.Y.-YYi4dNFiHFYi4AFIFdF is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said H. L. Kennicott, Jr. and C. G. Swan who executed the Power of Attorney as Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American Motorists Insurance Company on this 24th day of January 19 78. ,.�,� Sven L. Johanson, secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. E.N 835 146 Vd PRINTED IN U.S.A. Power of Anon¢ —Term 6. RESOLUTION, NOTICE OF :OMPLETION AND RELEASE OF BONDS, TRACT 9204 (TIGRRA CE=+BALLO) x/(38) Written Communicatioft. : (85) Report dated July 16, :980, from the Director of Public W(.,� advising that the pub::c improvements for Tract 9204 have been completed and re_aesting release of bonds. Acceptance of Work: The following Resolution was adopted: RESOLUTION NO. PO -7-16-10, COMPLETION OF PUBLIC IMYROVEIMENTS - 9204 (TIERRA DEL C."°.: -.LLQ) - A RESOLUTION OF -:[E CITY COUNCIL OF THE --TY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLAR17:0 WORK TO BE COMPLETED AS TO PLANS AND SPECIFIC_IONS FOR THE CONSTRCC_ION OF PUBLIC IMPROVEMEI:TS TRACT 9204 (TIES: -a DEL CABALLO) The Resolution accepts the public improvements and direr,, the City Clerk to £o^.ard the Notice of Completion to thu County Recorder within 20 days. Release of Sure: The following bonds from American Motorists Insurance Couq. are released upon expiration of 35 days from the recordir,., �. of the Notice of Completion: Bond Amount /Labor and Material (public) $124,500 No. 8SM173003 Faithful Performance (private) $ 17,000 No. SSM173004 -, V Monumentation No. 8SM173006 1,500 The following bond from American Motorists Insurance Comi,.,, is extended to July 16, 1981: S, Faithful Performance (public) $124,500 T. No. 8SM173003 -11- 7/16/80 AGENDA ITEM July 16, 1980 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Resolution, Notice of Completion and Release of Surety, Tract 9204, Ortega Highway (Tierra Del Caballo) 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 for this development is: Surety Amount Number Bond $124,500.00 8SM173003 Bond 17,000.00 8SM173004 Bond 1,500.00 BSM173006 FINANCIAL CONSIDERATIONS Company American Motorists Insurance Company Purpose Faithful Perfor- mance/Labor & Materials (Public) American Motorists Faithful Perfor- Insurance Company mance (Private) American Motorists Monumentation Insurance Company There is no cost or compensation to the City for this action. ALTERNATE ACTIONS 1. Accept the public improvements resulting from Tract 9204, require a Notice of Completion to be filed, require an extension of the Faithful Performance Surety for public improvements to July 16, 1981 and exonerate the Labor and Materials, Private Faithful Performance and Monumentation Sureties. 2. Do not accept the public improvements for Tract 9204. 3. Request further information from Staff. RECOMMENDATION By Resolution, determine that the work resulting from Tract 9204 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. FAR CITY CCUN CES AGENDA l� Tierra Del Caballo July 16, 1980 Page 2 By Motion, require an extension of the Faithful Performance Surety for public improvements to July 16, 1981; direct Staff to exonerate the Labor and Materials, Private Faithful Performance and Monumen- tation Sureties upon expiration of thirty-five (35) days from the filing of the Notice of Completion. Authorize Staff to release the Faithful Performance Surety on July 16, 1981. Respectfully submitted, W. , n.-,�.,.� W. D. Murphy WDM:CMB/pjs Enclosure 0 0 RESOLUTION NO. 80-7-16-10 COMPLETION OF PUBLIC IMPROVEMENTS - TRACT 9204 (TIERRA DEL CABALLO) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS - TRACT 9204 (TIERRA DEL CABALLO) WHEREAS, the City of San Juan Capistrano has entered into an agreement with Erickson Enterprises, for the construction of public improvements in Tract 9204; and, WHEREAS, the Director of Public Works has evaluated the final quantities and cost figures and recommends approval. NOW, THEREFORE, the City Council of the City of San Juan Capistrano does resolve as follows: SECTION 1. That the work required to be performed by said subdivider has been completed. SECTION 2. That the work is hereby accepted and approved. SECTION 3. It is further ordered that a "Notice of " Completion'' b�rded, on behalf of the City, in the office of the County Recorder of the County of Orange within ten (10) days of the date of this Resolution. PASSED, APPROVED AND ADOPTED this 16th day of July 1980 , by the following vote, to wit: AYES: Councilmen Friess, Thorpe, Buchheim and Mayor Hausdorfer NOES: None STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 80-7-16-10, adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 16th day of July 1980. (SEAL) .4 MARx � ANN� OVER, CITY CLERK -1- I M KNOW ALL MEN BY THESE PRESENTS: • BOND NO. 8SM 173 004 That We, TIERRA DEL CABALLO ASSOCIATES A JOINT VENTURE as Principals, and AMERICAN MOTORISTS_ INSURANCSAdqE Czy OMPANY Surety, are held and firmly bound unto the , in the sum of SEVENTEEN THOUSAND AND NO/100---------------------------------- ($ ), lawful money of the United States, for the payment s sum of w iwell and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT, WHEREAS, the above said Principals have agreed to provide certain tract improvements for the subdivision known as Tract No. 9204 , pursuant to an agreement with the CITY OF SAN JUAN CAPISTRANO dated 19 wherein it agreed to comply with the requirements of CITY OF SAN JUAN CAPISTRANO , and is required by the said CITY OF SAN JUAN CAPISTRANO to give a bond to guarantee payment to t1WIcontractor, his sub -contractors and to persons renting equipment or furnishing labor or materials to them for the improvements. NOW, THEREFORE, if the above principals fail to make payment to any contractor, his sub -contractors, or to persons renting equipment or f furnishing labor and materials to them for the improvement required by said contracts, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond, and will also, in case suit is brought upon this bond, pay a reasonable attorney's fee, to be fixed by the court. This bond is executed and filed to comply with Section 11612 of the Business and Professions Code of California as improvement security and shall inure to the benefit of any and all contractors, their sub -contractors and persons renting equipment or furnishing labor or materials to them for the improvement. IN WITNESS WHEREOF, the above -bounden parties have executed this instrument on this 24th Day ofJanuary , 19 78 the corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. PRINCIPAL: TIERRA DEL CA$AILO ArSAT A JOINT VENTURE BY: ei �c on, ging erector SURETY: AMERICAN MOTORISTS INSURANCE COMPANY BY:e aid i Edward Siumns,. Atty-in-Fact STATE OP CALIFORNIA ' ss. COUNTY OF LOS ANGELES) ♦ ,t..-.�,,� OFFICIAL SEAL s ` a. K. BOURQUE ♦ "I - F NOTARY P081 -;C CALIFORNIA ♦C „ ♦ LCS AI:Gt I.Is ,OUNTY �t{;y Camrussion Gxvfd;y 17, 1381 ♦♦♦•J♦♦♦OO♦VVVVvc..- VVv♦♦♦♦♦ ON 19 — , before me a Notary Public in and for said State, personally appeared known to me to be the person whose name is subscribed to the within Instrument as the Attorney -in -Fact of AMERICAN MOTORISTS INSURANCE COMPANY, and acknowledged to me that he subscribed the name of said Company thereto as Surety, and his own name as Attorney -in -Fact. otary Public AMERICAN MOTORISTS INSURANCE COMPANY msu� nce Hornebffice: Long Grove, IL 60049 • a[ tIX cumEenles POWER OF ATTORNEY Know All Men By These Presents: That -the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint .*..».•, A. F..Barker, Jacqueline Rhodes and Edward Simms all of Los Angeles, Califor- nia (EACH)*x>F�F F* Fx x* tFx**sEx t**aEx>F>E>Ett x�t** f*�r* E>Eet Ex F�tx Fix x�rx>E>F>Est its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period begin- ning with the date of issuance of this power and ending December 31, 1978, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds FIVE HUNDRED THOUSAND DOL- LARS EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if tire same had been duty executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1978. This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said American Motorists Insurance Company on May 15, 1939 at Chicago, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary or Assistant Secretary as being in full force and effect: "VOTED, That the President or any Vice President or Secretary or any Assistant Secretary shall have power and authority to ap- point agents and attorneys in fact, and to authorize them to execute on behalf of the company, and attach the seal of the company thereto, bonds and undertakings. recognizances, contracts of indemnity and other writings obl,�Tatory in the nature thereof, and any such officer of the company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Board of Directors of the company at a meeting duly called and held on the 22nd day of May, 1963: "VOTED, That the signature of the President, any vice President, Secretary or Assistant Secretary, and the Seal of the Com- pany, and the certification by any Secretary or Assistant Secretary. may be affixed by facsimile on ary power of attorney executed pursuant to resolution adopted by the Board of Directors on May 16, 1962, and any such power ;o executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be vaLd and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 6th day of _S motel _er , 191Z. Attested and Certified: STATE OF ILLINOIS t ss COUNTY OF COOK J AMERICAN MOTORISTS INSURANCE COMPANY ennicoll, Jr., Vice Presic 1, Jean Petzold, a Notary Public, do hereby certify that H. L. Kennicott, Jr. and C. G. Swan pctsonally known to me to be the same persons whose names are respectively as Vice President and Secretary of the American Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the for,�going instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the cases and purposes therein set forth 3�r My commission expires: April 29, 1980 lean Pelzold, Notary Public CERTIFICATION I, Sven L. Johanson, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney dated SeptPmhar 6, 1977 on behalf of A F_ RarkPr_ �7anquPl i ne Rhodes and Edward Simms all of Los Angeles, California (EACH)************** stxararx�xx+�xxxxvxxxxxxx��x�x��Exx��xv is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said H. L. Kennicott, Jr. and C. G. Swan who executed the Power of Attorney as Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American Motorists Insurance Company on this day of Sven L. Johanson, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. FM 636 7-76 IM PRINTED IN USA. My commission expires: April 29, 1980 lean Pelzold, Notary Public CERTIFICATION I, Sven L. Johanson, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney dated SeptPmhar 6, 1977 on behalf of A F_ RarkPr_ �7anquPl i ne Rhodes and Edward Simms all of Los Angeles, California (EACH)************** stxararx�xx+�xxxxvxxxxxxx��x�x��Exx��xv is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said H. L. Kennicott, Jr. and C. G. Swan who executed the Power of Attorney as Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American Motorists Insurance Company on this day of Sven L. Johanson, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. FM 636 7-76 IM PRINTED IN USA. STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES) �o•••o••••oos• OFRC AL SEAL •C•••! r � I K GO` ^7`-1E. i 9 NO A ! r .�I�ORNIA � h1> Commisien [:.)Irs i.�„ ii, 1531 • •oet uee ev a.o .�.-. ,. v. ass••• ON JAS,, 19 — . before me a Notary Public in and for said State, personally appeared known to me to be the person whose name is subscribed to the within Instrument as the Attorney -in -Fact of AMERICAN MOTORISTS INSURANCE COMPANY, and acknowledged to me that he subscribed the name of said Company thereto as Surety, and his own name as Attorney - in - Fact. 8SM 173 003 Sal#division Bond — California Bond No.--___.-_._-__--_...--_........ Fateful Performance —Public AMERICAN MOTORISTS INSURANCE COMPANY KEMPER suwwNCs Li Rome Office: Sheridan Road at Lawrence Avenue, Chicago, Illinois 60640 SUBDIVISION BOND �J�r TIERRA DEL CAR ALLO ASSOCIATES, A JOINT riLIlU t'111 213P11 �I1J �P5f �CP5PIti5: That-•----•--•-------....--•-••------------------------------------_....-.._.__......._..._...... __,_VEPII'I1RE ._..--.........................................-........ as Principal, and the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto .... CITY .Q�_SAN _..JUiN_.......... __ __.._...C�IFIcSIliAT14-------------- _................ in the sum of .... __._QDIE..IiUI9I)AF 1_Zk1=..FQIJ$_TE39uM. ... ---•----------------------- - -Dollars (S.___..124� 500 00 __-). ..._____ii[IDIDAEILAAIlI--N(1�-1Qfl� __ _ �_..�.:._�...___.____.---_-_-__.-.__..---•—_-•• - _-.. for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors, and assigm, jointly and severally, firmly by these presents. ( The condition of the foregoing obligation is such that, whereas the above -bounden Principal has entered into a contract, dated_. --___......________________-___-...-...._.----... 19 ....... ., with the ...CITY OF -SAN - JUAN•-----.-_..._,_....__— CAPISTRANO ........ to do and perform the following work, to -wit: ALL NECESSARY PUBLIC IMPROVEAENTS IN TRACT 9204, AVENIDA SIEGA STREET NOW, THEREFORE, if the above -bounden Principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect. 24th SIGNED and SEALED this................day FM 602 7-68 2M January 78 19.....---- �IFa$ISA.�iF.I�..S�°t6i�I+../SOCATES:..A _— ...... (Seal) JOINT VENTURE, � j eif Eockson, Managing DirectpFincipal AbfERICAN MOTOR TS INSURANCE COMPANY By..E ... L�Q 4 _ _ war amts , -----• .... Attorney -in -Fact - MINTED IN V.S.A. i- STATE OF CALIFORNIA ' ss. COUNTY OF LOS ANGELES) �eeeee♦eeee•eeseee♦♦♦..♦eeeeee• 0 "`7 OFF' IAL SEAL e K COURQUE NOTA' .V se♦ee•♦oe+mse.�+v_ ON 19 — , before me a Notary Public in and for said State, personally appeared known to me to be the person whose name is subscribed to the within Instrument as the Attorney -in -Fact of AMERICAN MOTORISTS INSURANCE COMPANY, and acknowledged to me that he subscribed the name of said Company thereto as Surety, and his own name as Attorney -in -Fact. ry Public 8SM 173 006 Subdivision Bond —California Bond No ................................. Faithful Performance —Public IWk AMERICAN MOTORISTS INSURANCE COMPANY KEMPER SVRAfVC• Home Office: Sheridan Road at Lawrence Avenue, Chicago, Illinois 60630 SUBDIVISION BOND Know All Mpn by 0S k5p Vrp5pIlf5: That ........TIE RRA DEL ..CABALLO ASS..OCI.ATES.., ...... A JOINT ....... ............................................. VENTURE..........................................._..._._..as Principal, and the American _..._ -_ Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto ........... CITY OF SAN _.J11AN-.CAPISTBAM........ -- -------------- in the sum of--- ONE- THOUSAND FIVE HUNDRED AND N01100---- --- for ---------------------------- ----------------------------- 1 500 00 for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, .administrators, successors, and assigns, jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that, whereas the above -bounden Principal has entered -- CITY OF SAN JUAN intoa contract, dated......................................................... 19........, with the ............................ .............................. _._ CAPISTRANO ......_to do and perform the following work, to -wit: ALL NECESSARY MONUMENIATION IN TRACT 9204 NOW, THEREFORE, if the above -bounden Principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED and SEALED this ..... 2,4th..day of .......... January .......................... 19......7.8 FM 602 7-66 2M TiEuA..DEL.reuA= ASSOMAIES,..A__._....._.(Seal) JOINT VENTURE, .--77 ------- _. _________------- . ..... __..... ( if F,rfckson, Managing DirectoPriucipal AMERICAN MOTORISTS INSURANCE COMPANY Edward Simms,/ Attorney -in -Fact PAINTED IN n.S.^. AMERICAN MOTORISTS INSURANCE COMPANY Home Office: Long Grove, IL 60049• • r�;`i;r ,a: 'Insu ante POW ER OF ATTORNEY Know All' men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint ******** A. F. .Barker, Jacqueline Rhodes and Edward Simms all of Los Angeles, Califor- nia (EACH) xar F�Fx**sE�F�t�EaH6 �ExaFx>E f�E>EE>F�E�E�E F�E>E>F�FSEx�rsE �Eac x Exp F- xxx its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period begin- ning with the date of issuance of this power and ending December 31, 1978, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds FIVE HUNDRED THOUSAND DOL- LARS EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American .Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1978. This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said American Motorists Insurance Company on May 15, 1939 at Chicago, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary or Assistant Secretary as being in full force and effect: "VOTED, That the President or any Vice President or Secretary or any Assistant Secretary shall have power and authority to ap- point agents and attorneys in tact, and to authorize them to execute on behalf of the company, and attach the seal of the company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such officer of the company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Board of Directors of the company at a meeting duly called and held on the 22nd day of May, 1963: "VOTED, That the signature of the President, any Vice President, Secretary or Assistant Secretary, and the Seal of the Com- pany, and the certification by any Secretary or Assistant Secrwry, may be affixed by facsimile on any power of attorney executed pursuant to resolution adopted by the Board of Directors on .Vtay 16, 1962, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 6th day of September , 19= Attested yand dCCertified: AMERICAN MOTORISTS INSURANCE COMPANY By C. G. Swan, Secretary H. L. Kennicon, Jr., Vice President STATE OF ILLINOISss COUNTY OF COOK 1, Jean Petzold, a Notary Public, do hereby certify that H. L. Kennicott, Jr. and C. G. Swan personally known to me to be the same persons whose names are respectively as Vice President and Secretary of the American Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth r My commission expires: April 29, 1980 jean Petzold, Notary Public CERTIFICATION I, Sven L. Johanson, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney datedSept m_P_ ber 6, 1977..on behalf of A- F_ Rarkar. Tqrqium1inP Rhodes and Edward Simms all of Los Angeles, California (EACH)************** is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said H. L. Kennicott, Jr. and C. G. Swan who executed the Power of Attorney as Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American Motorists Insurance Company on this day of , 19—. Sven L. Johanson, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. FM 676 7-76 1M PRINTED IN U.S.A. Power d Anwne Te,m AMENDMENT NO. 2 TO JOINT VENTURE AGREEMENT This shall constitute Amendment No. 2 to that certain Joint Venture Agreement entereed into on November 24, 1976, by and between FORTRES L $ D, LTD., a California corporation (which has subsequently changed its. corporate name to NEOSHO PROPERTIES, INC.) "NEOSHO" herein, and ERICKSON ENTERPRISES, INC., a California corporation, "ERICKSON" herein, and which by Amendment, No. 1 thereto dated June 26, 1977 added FRANK E. SANNEBECK, "SANNEBECK" herein, as a Joint Venturer. WHEREAS, the Joint Venture parties desire to authorize ERICKSON to act on its behalf in the execution of documents; THEREFORE, it is agreed as follows: A. AUTHORITY OF ERICKSON ERICKSON, the Managing Joint Venture Party herein, is hereby authorized to execute on behalf of and in the name of the Joint Venture all contracts, maps; decds,,conveyances, reconveyances, trust deeds, loan applications, promissory notes; applications or amendments thereto with the Department of Real Estate of the State of California relating to Tract No. 9204, City of San Juan Capistrano, together with.any and all other and further documents needed to be executed by or on behalf of this Joint Venture. IN WITNESS WHEREOF, the parties have set their hands ans seals this 18th day of August, 1977`. ERIC K, ENT.e?KP,F HS, ate. C. P P,TIEtiS, IDSC. �_. ..f[L — �LEIP f. ERkC-i5S0NPNEOresident"' A. NE LAN, JR President E 11. RELEASE OF GRADING GOND - TIERP.A DPT. CABALLO, TRACT 9204, AV,NIDA SIEGA (ERICKSO'] FFN... E PRISES) (38) As set forth in the report dated April 21,-1991, from the (49) Director of Public Works, release of the following grading ,1/(85) grading bond was authorized, due to satisfactory completion of the work: Bond No. CSM -173316, held by ,American Motorists Insurance Company, in the amount of $20,200.00. q/a-t/%1 STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) ♦eeeoseeeeeeeeeooee•e�eeeeoeee • t, O r C 1L SEAL y FS bs RQUE o o� NOT""' P',---, -C`tFO4NIA ♦ i MJ Commis. en En;ir ; 4:6.; 1,7, 1531 e ♦eeeeoe000eoaooa sac.v.,, ,.00seee 101 ON 19 ^ .before me a Notary Public in and for said State,, personally appeared , .— known to me to be the person whose name is subscribed to the within Instrument as the Attorney in -Fact of AMERICAN MOTORISTS INSURANCE COMPANY, and acknowledged to me that he subscribed the name of said Company thereto as Surety, and his own name as Attorney - in - Fact. Pu SubdiviKon Bond—California . Bond No .... UU-I73.A4...... Faahful Performance—Public AMERICAN 310TORISTS INSURANCE COMPANY KEMPER N9VYANC• Home Office: Sheridan Road at Lawrence Avenue, Chicago, Minoi3 60640 SUBDrviSION BOND TIERRA DEL CABALLO ASSOCIATES A JOINT j riIIUt All {Pll tft� � P5Y CPSPtit5: That ............. ........... ......................... '_...................... ...�NTUR .............................................._..._.___.....as Principal, and the American Motorists Insurance Company, a corporation organized and existing under the Iaws of the State of Illinois and authorized to transact surety CITY OF SAN JUAN business in the State of California, as Surety, are held and firmly bound unto .................................................... CAPISTRANO SEVENTEEN THOUSAND AND NO/100------------- .. . ....... . ........................ ........................ in ------- ----..............................................._.............._..in the sum of ............... ....................... _.............. _............. _........... _........... ---------------------------------------------------------- 17,000 00 - - - _................ ._........... _......................................... Dollars (3. .................. _...... _..)> for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors, and assigns, jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that, whereas the above -bounden Principal has entered into a contract, dated --------- ................................................ 19. ........ with the. ..... CITY ._OE-SAN—MAN.._............... _. CAPISTRAN ............... _............................................................ .--- to do and perform the following work, to -wit: ALL NECESSARY PRIVATE'IMPROVEAENTS IN TRACT 9204, FOR THE PRIVATE STREET PASEO DIANA NOW, THEREFORE, if the above -bounden Principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect. th SIGNED and SEALED this ............day FM 602 7-66 2M January .......................... 1 19_.7 8.. TIERRA DEL CABALLO ASSOCIATES, A (Seal) _"11 r HENI'm ........................... .........__ _ _. ...._.__._..__.._.., .Z. ---- _---------- BY: --- _ Leif ickson, Managing Direct&rincipal AMERICAN MOTORIS S INSURANCE COMPANY By ...... �7._..�...._�......._......................_............... _w._ Edward Sitiuns, Attorney -in -Fact PRINTED IN U.S.A. STATE OF CALIFORNIA I ss. COUNTY OF LOS ANGELES) ♦ee•oeeeeeeeeeseoereersee•ee•o • O ICTAL SGL K LCURQUE e e NOTHP P CALIFORNIA 0 o M7 Commissim Ex,'Irc; hl :; 17, 19£31 e eeesoeseooeoaooa sa,..,,,,, ,,�eoe+� ON 19 _ . before me a Notary Public in and for said State, personally appeared known to me to be the person whose name is subscribed to the within Instrument as the Attorney -in -Fact of AMERICAN MOTORISTS INSURANCE COMPANY, and acknowledged to me that he subscribed the name of said Company thereto as Surety, and his own name as Attorney - in - Fact. BOND NO. 8SM 173 003 KNOW ALL MEN BY THESE PRESENTS: That We, TIERRA DEL CABALLO ASSOCIATES, A JOINT VENTURE as Principals, and AMERICAN MOTORISTS INSURANCE COMPANY as Surety, are held and firmly bound unto the CITY Op S&N STAN rnvr¢ nun ) in the sum of ONE HUNDRED TWENTY FOUR THOUSAND FIVE HUNDRED AND NO/100------- ($ 124,500.00 ), lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT, WHEREAS, the above said Principals have agreed to provide certain tract improvements for the subdivision known as Tract No. 9204 , pursuant to an agreement with the CITY OF SAN JUAN CAPISTRMO--'—� dated 19 wherein it agreed to comply with the requirements of CITY OF SAN JUAN CAPISTRANO and is required by the saidAN AN rAPT IRA to give a bond to guarantee payment to e con ractor, s su -contractors and to persons renting equipment or furnishing labor_ or materials to them for the improvements. --"____I-- -- NOW, THEREFORE, if the above principals fail to make payment to any contractor, his sub -contractors, or to persons renting equipment or furnishing labor and materials to them for the improvement required by said contracts, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond, and will also, in case suit is brought upon this bond, pay a reasonable attorney's fee, to be fixed by the court. This bond is executed and filed to comply with Section 11612 of the Business and Professions Code of California as improvement security and shall inure to the benefit of any and all contractors, their Y sub -contractors and persons renting equipment or furnishing labor or materials to them for the improvement. IN WITNESS WHEREOF, the above -bounden parties have executed this instrument on this 24th Day of January �9 78 , the corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. PRINCIPAL: TIERRA DEL CABALLO AS;ATES, A JOINT VENTURE BY: � i y , Er cson, Managing Director SURETY: AMERICAN MOTORISTS INSURANCE COMPANY BY: cry waa L,r� nawara biump, Avcy-in-racti STATE OF CALIFORNIA 1 ss. COUNTY OF LOS ANGELES) 0eee6eAe00eG80a00f,`Aeeeeeo� O CF rt!AAl o e K. r 3-JPQUE o O I{ '1I NOTARY t L" QRN1A ♦ `c,;" -e' yrs r :,.-- ".!:arY S • My commiss on Ixpias P.4ry 11, 1981 0e e ♦eoe♦o•eooeeo.o®...-�.,.ceoeeoee ON me a Notary Public 19 _ , before in and for said State, personally appeared known to me to be the person whose name is subscribed to the within Instrument as the Attorney -in -Fact of AMERICAN MOTORISTS INSURANCE COMPANY, and acknowledged to me that he subscribed the name of said Company thereto as Surety, and his own name as Attorney -in - Fact. Notary Public AMERICAN MOTORISTS INSURANCE COMPANY Home Office: Long Grove, IL 60049• • T msuRance! cnm�j POWER OF ATTORNEY Know All Men By These Presents: Tfiat the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint *-*••••• A. F. Barker, Jacqueline Rhodes and Edward Simms all of Los Angeles, Califor— nia (EACH) E*>F>FsF FstacsF xx Fx>F**a H�>F**>F F Est**** E E* x >Fx x its true anAwfuI agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period begin- ning with the date of issuance of this power and ending December 31, 1978, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds FIVE HUNDRED THOUSAND DOL— LARS EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1978. This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said American Motorists Insurance Company on May 15, 1939 at Chicago, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary or Assistant Secretary as being in full force and effect: "VOTED, That the President or any Vice President or Secretary or any Assistant Secretary shall have power and authority to ap- point agents and attorneys in fact, and to authorize them to execute on behalf of the company, and attach the seal of the company thereto. bonds and undertakings. recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such officer of the company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Board of Directors of the company at a meeting duly called and held on the 22nd day of May, 1963: 'VOTED, That the signature of the President, any Vice President, Secrefary or .assistant Secretary, and the Seal of the Com- pany, and the certification by any Secretary or Assistant Secretary, may be affixed by facsimile on any power of attorney executed pursuant to resolution adopted by the Board of Directors on .May 16, 1962, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 6th day of September , 192. Attested and Certifled: AMERICAN MOTORISTS INSURANCE COMPANY I_, l,. Swan, Jecrelary H. L. I(enniCon, Jr., vice rresicent STATE OF ILLINOIS l ss COUNTY OF COOK J I, lean Petzold, a Notary Public, do hereby certify that H. L. Kennicott, Jr. and C. G. Swan personally known to me to be the same persons whose names are respectively as Vice President and Secretary of the American Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth 'D ,qty commission expires: April 29, 1980 jean Petzold, Notary Public CERTIFICATION I, Sven L. Johanson, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney d ted September 6, 1977 on behalf of A- F_ Barker, .TanquP1 i ne Rhodes and Edward Simms all of Los Angeles, California (EACH)************** is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said H. L. Kennicott, Jr, and C. G. Swan who executed the Power of Attorney as Vice President and. Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American Motorists Insurance Company on this day of 19—. Sven L. Johanson, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. FM $36 7.76 1M PRINTED IN U.S.A. Pq wdAuwne Term 0 eappeffo eomiteuetivn, 26811 LARIAT CIRCLE - SAN JUAN CAPISTRANO, CA 92675 February 20, 1980 George Lohnes, City Engineer City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Unpaid Account for Labor and Material Tract No. 9204 (Tierra del Caballo) Dear Mr. Lohnes: 90c, (714) 4934681 R E C P Ka 6 I i 3a �W'80 r,I�Y'JF SAN I>>�N We understand that the performance and labor and material bonds for the public improvements in Tract No. 9204 are still being held by the City of San Juan Capistrano. This is to advise you that Cappello Construction, Inc., has been owed the total sum of $11,475.61 since December 14, 1978. We would, therefore, very much appreciate your not releasing the existing bonds until we have been paid in full. Thank you for your courtesy and cooperation. Very truly yours, CAPPELLO CONSTRUCTION, INC. t By Walter Capp o, President WC:bh cc: D. L. Staffieri, Inc. Erickson Enterprises, Inc. i DEPARTMENT - P TO: City Engineer (Marty Bryant, staff) FROM: City Clerk DATE: October 3, 1983 SITUATION: At their meeting of July 16, 1980, the City Council accepted the public improvements in Tract 9204 (Tierra del Caballo), and extended Faithful Performance Bond No. 8SM173003, $124,500.00., to July 16, 1981. Labor and Materials Bond No. 8SM173004, $17,000.00, (Private), had not gone to Council for relase due to a claim for an unpaid account for labor and materials by Walter Cappello. On May 26, 1982, the Records Coordinator sent to Mr. Bryant a tickler memo to the effect that these two sureties had not been released; and, that the City Attorney had been advised and said that if Engineering had no holds and there are no lawsuits or stop notices, then the sureties should be released. Mr. Okazaki said also that he would check with Mr. Cappello's attorney to find out if everything had been settled, if Engineering was ready to release the sureties. The ticker memo was return to this office on May 27, 1982, and the action to be taken was "surety for Tract 9204, public improvements, may be released." Could you check your records to see if your office released the surety for public improvements; and, also check to see if the bond for Labor and Materials (private), has been released as no record can be found in our files. This may be another one that needs to be "cleaned -up." with correspondence. ACTION TO BE TAKEN: —� 7QC jy GOF -r -TE- 1.10 j_()J4cgE� it�l EFFEtT t.LO GAt.ACEt1.ATto�.l SATE. X11 EFFE:cT• DATE WHEN NEXT ACTION(S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: -kS 38-#207 (9204) 0 f MEMORANDUM April 29, 1981 TO: Mayor and City Council FROM: Mary Ann Hanover, City Clerk SUBJECT: City Council Minutes of April 21, 1981, Release of Grading Bond No. 3, Tierra del Caballo, Tract 9204 Consent Calendar Item No. 11 of the April 21st meeting indicates release of a grading bond, due to acceptance of the work for Tract 9204. The staff report erroneously listed Bond No. 8SM-173006 in the amount of $16,592.00. The correct bond is No. 8SM-173318, in the amount of $20,200.00, held by American Motorists Insurance Company. The Minutes reflect the correct bond number and dollar amount. Respectfully submitted, Mary Ann Hanover, City Clerk MAH:ol �Cl� lf�; JtI/l , tllllll li.�/ei�ll/ll6 1 '1 � 32400 PASEO AOELANTO , SAN JUAN CA PISTRAN O, CALIFORNIA 42675 \PHONE 493-1171 - July 24, 1980 Erickson Enterprises 1698 Greenbriar Lane, Suite 213 Brea, California 92621 Re: Completion of Public Improvements - Tract 9204 Gentlemen: Enclosed is a copy of Resolution No. 80-7-16-10, which was adopted by the City Council at their meeting of July 16th. The Resolution accepts the work completed for the construction of ,public improvements in Tract 9204. The Council directed that upon 35 days from the recording of the Notice of Completion, t`.e following bonds from American Motorists Insurance Company may be released, and copies of the bonds are enclosed: Bond Amount Labor and Material (public) $124,500 No. 8SD4 173 003 Faithful Performance (private) $ 17,000 No. 8SM 173 004 P Monumentation $ 1,500 No. 8SM 173 006 The following bond from American Motorists Insurance Company was extended to July 16, 1981: Faithful Performance (public) $124,500 No. 8SM 173 003 0 Erickson Enterprises -2- 4 July 24, 1980 The Notice of Completion was recorded on July 22nd; therefore, the bonds may be released on August 26, 1980. If you have any questions, or need additional information, please let us know. Very truly yours, (MRS) MARY ANN HANOVER, CMC City Clerk MAH/cj Enclosures cc: Director of Public Works American Motorists Insurance c/o Al Barker Bonds ,r CITY jQ�ERF.'S DEPARTMENT - ACTION REMINDER TO: CITY ENGINEER (C.T. BRYANT, STAFF) CITY CLERK - sl�dlg� 47 4� ACTION REQUESTED: •COUNCIL MTG. OF 7/16/80 RELEASED BONDS AND EXTENDED BOND NO. 8SM173003, $124,500, F.P. TO 7/16/81. (BOND NO. 8SM173004, $17,000, LSM (PRIVATE) HAS NOT YET GONE TO COUNCIL FOR RELEASE DUE TO CLAIM OF MONEY OWED - STATUS ACTION TO BE TAKEN: gy\DK+If ' LR'r �+ tMd -4-9� W`aa 1`a a5 a. G-tffA,° . • S i d b q v J\D". ,-mk, _W d s +r o La- cam, VkAN- DA"L�z C_Ayo-pp0wp A-+-6 DATE WHEN NEXT ACTION(S) SHOULD BE TAKEN: �0V41 ov TratA P&Nc �w�pro�a +SEs ruin) be ✓aleasae� . SIGNATITRE OF OFFICIAL TAKING ACTION: C. DATE SIGNED: 7-7. IAR;>- Ticxier 6/1/81 No. 8SM173003 for LSM (PUB) released as of 35 DAYS OF RECORDING Date Bond No. 8SM173004 for FP (PRI) released as of 1T 11 Deadline Bond No. _7_!;M7300(i— for MONT. released as of " it Date 7/16/81 No. for released as of i File/Refr. No.: Contract Name: 38 - # 207 or Classification File No. SUBDIVISION AGREEMENT TRACT 9204 • Contractor's Name: TIERRA DEL CABALLO Address: XWX9d&&XApproved by Council: 2/1/78 Executed by Contractor: ----- Completion date of Contract (365 days): 2/1/79 C.O. # /Agreement on extend to: C.O. # /Agreement on extend to: Insurance from N/A recd, appr & expires: extension recd, appr & expires: Sureties from AMERICAN MOTORISTS INSURANCE COMPANY received and Attorney -in -Fact checked on BONDS OK - no expiration Faithful Performance Bond No. 8SM173003 (Public) $124,500 Faithful Performance Bond No. 8SM173004 (Private) $ 17,nnp Labor & Materials Bond No. 8SM173003 (PUBLIC) $4.500 Monumentation Bond No. 8SM173006 $ 1-9nn Grading Bond No. 8SM173318 $ 2o.2nn LABOR & MATERIALS Bond No. 8SM173004 (PRIVATE 17,nnn Council Action of 7/16/80 accepted Improvements by Res. 80-7-16-10 Bond No. 8SM173003 for LSM (PUB) released as of 35 DAYS OF RECORDING Bond No. 8SM173004 for FP (PRI) released as of 1T 11 Bond No. _7_!;M7300(i— for MONT. released as of " it • Bond No. for released as of i - --� and Bond No. 8SM173003 for FP CpjLBLIC) extended to 7/16LI +4Vj4All Bond No. 8SM173004 for L&M (PRIVATE) (X>At(93Xgt�X9AXk9 NOT BEEN RELEASE 32600 PASEO AO ELANTO SAN JUAN CAPISTRANO. CALIFORNIA 92675 PHONE 493.1171 ` May 4, 1981 Erickson Enterprises 1698 Greenbriar Lane, Suite 213 Brea, California 92621 Re: Release of Grading Bond - Tierra del Caballo Tract 9204 Gentlemen: At their meeting of April 21, 1981, the City Council authorized releasing Grading Bond #8SM 173 318 in the amount of $20,200.00 for Tract 9204 with American Motorists Insurance Company. The City has inspected and accepted the work covered by the above mentioned bond. If you have any questions, please do not hesitate to give me a call. Very truly yours, MARY ANN NOVER, CMC City Clerk MAH:ol cc: Director of Administrative Services Director of Public Works TIERRA DEL CABALLO"OCIATES c/o 1698 Greenbria , Ste 213 Brea, CA 92621 APR ',toe o O,PA( '8/ April 13, 1981 City Engineers Office City of San Juan Capistrano 32400 Paseo Adelano San Juan Capistrano, CA 92675 Attn: Joe Gaffney Re: Grading Bond #8SM-173-006 Dear Sir: In accordance with our telephone conversation in March of 1981, this is a continuing request for release of the grading bond for Tract 9204, San Juan Capistrano. The bond number is 8SM-173-006 in the amount of $16,592.00. The bond is issued by the Al Barker Bonding Company through Courier Insurance Company, Inc. In the letter from San Juan Capistrano, dated July 24, 1980, bond number 8SM-173-006 was mis-titled the Monumentation Bond and the amount shown was the $1,500 monumentation amount. The monumentation portion of the work was covered under bond 8SM-173-003, Public Im- provements and Monumentation Bond. It is not clear, on our part, whether the city records indicate the monumentation bond as being 006 rather than 003 or whether it was strictly a typographical error and was meant to be a release of the grading bond. In any case, it is requested that you release the grading bond effective the same date as the release of the public and private improvement bonds as the work was completed considerably before that date. Thank you for your consideration. Sincerel /C L� eif T. Erickson Managing Director TIERRA DEL CABALLO ASSOCIATES LTE:bje 0 0 ��I� rl�/.Jirir�r�rrr ��r�fta>rc 32400 PASEO A V ELANTO SAN JUAN CAPISTRANO. CALIFORNIA 92675 1111L-111'1 April 28, 1981 American Motorists Insurance Co. 3595 Wilshire Blvd. Los Angeles, California 90010 Attn: Ralph Jacoy Re: Grading Bond #8SM 173 318 ($20,200.00) for Tract 9209 (Tierra Del Caballo Associates) Dear Mr. Jacoy: The City has inspected and accepted the work covered by the above- mentioned bond, and hereby releases its interest in that bond. Very truly yours, Isistant y'Of� Juan Capistrano G. Building and Safety Engineer JGG/dll ec: City Clerk's Office _