1972-1211_BAUER DEVELOPMENT CO._Agreement41 THIS AGREEMENT, *de and entered into this .-&day of
19_g—by and between Bauer Development Company, hereinafter designated
A California Corporation
as SUBDIVIDER and the CITY OF SAN JUAN CAPISTRANO, a body politic of the
State of California, hereinafter designated as CITY:
W I T N E S S E T H:
WHEREAS, the SUBDIVIDER has prepared and offered for acceptance by
the CITY a final map of Tract No. 7393 in the City of San Juan Capistrano,
County of Orange, and
WHEREAS, the SUBDIVIDER as a condition of approval of said map by the
CITY, is required to construct or agree to construct certain improvements,
and
WHEREAS, the installation of the public streets, sewers, storm drain,
street lighting facilities as shown on the Plans in connection with the
improvements for said Tract No. 7393 will fulfill the requirements;
NOW, THEREFORE, IT IS AGREED by and between the parties hereto as
follows:
In consideration of the approval of said final map by the CITY, the
SUBDIVIDER agrees:
1. That the SUBDIVIDER will at the sole cost and expense of the
SUBDIVIDER construct and install all of the public facilities shown and
delineated upon the "plans for Street Improvements including Street
Lighting System, Domestic Water System and Sanitary Sewers of Tract NO.
7393" on file in the office of the City Clerk of the City of San Juan
Capistrano; said "Plans for Street Improvements including Street Lighting
System, Domestic Water System and Sanitary Sewers of Tract No.7393 " are
hereby referred to and made a part of this Agreement as though fully set
forth herein.
2. To secure the faithful performance of this Agreement, the SUB-
DIVIDER agrees to furnish to the CITY a good and sufficient bond executed
by a corporation authorized to transact surety business in the State of
California in the sum of One -Hundred -Fourteen -Thousand, Seven -Hundred
llars said bond to be approved by the CITY.
STATE OF CALIFORNIA,
ss.
COUNTY OF Los Aneeles )))
OFFICIAL SEAL
George A. Campbell
A
�\�;�"�;;m•o NOTARY PU6UC - CALIFOftNV
-�':�+.a1 •�.y�r s^ PRIG: CI. AL OF"r ICF. IN
` ��`•' LDS ANGELES COUNTY
,My Commission Expires Sep-t.-2-2,-1974---
ON
.22,1974
ON November 30, lg 72
before me, the undersigned, a Notary Public in and for the said State, personally appeared
Warren L. Bauer known to me to be the
President, and Lynda M. Bauer , known to me
to be the Treasurer/ Secretary of Bauer Development Co.
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.
GEOR E A. CAMPBEL
NAME (TYPEa OR PRINTED
Natary Public in and for said tate.
,
0
~• 3. It is mutually agreed that the work herein required to be done
by the SUBDIVIDER shall on the written request of the SUBDIVIDER made to
the City Engineer be inspected by him and if found to be in order, accepted
as it progresses. In such case the SUBDIVIDER shall be entitled to a
partial refund of money deposited to secure faithful performance, in a sum
in the same ratio to the total money deposited as the work accepted bears
to the total work to be done, provided that the CITY'S Engineer has first
certified to the City Council the amount of work completed and to be
accepted and the amount of partial refund to which the SUBDIVIDER is
entitled and the City Council approves such refund and further provided
that no refund in excess of Eighty-five percent (85%) of the total amount
of the original deposit shall be made until all of the work is completed
and accepted.
4. The SUBDIVIDER agrees to commence the construction and instal-
lation of said improvements within 180 days from the approval of said
map by the CITY and shall complete said work within 365 days from the
date of said approval.
This agreement is entered into pursuant to the provisions of Div. 4,
Pt. 2, Ch. 2, Art. 9 of the Business and Professions Code of the State of
California.
IN WITNESS WHEREOF, BAUER DEVELOPMENT CO.
has executed these presents as the SUBDIVIDER, and the CITY OF SAN JUAN
CAPISTRANO has caused these presents to be executed by the Mayor of the
City Council and attested by the City Clerk and ex -officio Clerk of the
City Council, as the CITY, the day and year in this instrument first
above written.
ATTEST:
Wanda E. Anderson, City Clerk and
ex -officio Clerk
BAU .R DEVELOPMENT CO.
52LY_ez�l -President
X
CnLa�aecyZTreas.
CITY OF SAN JUAN CAPISTRANO
By: l
Mayolr
fey
^xi
" a
8 c g>
Subdivision Improvement Bond
Faithful Performance (California)
Bond No. 888089
Initial Premium $ 1.122.00
KNOW ALL MEN BY THESE PRESENTS: That BAUER DEVELOPMENT CO.
as Principal and the
General Insurance Company of America, a Corporation organized and existing under the laws of the State of
Washington and authorized to transact surety business in the State of California, as Surety, are held and
$4 firmly bound unto CITY OF SAN JUAN CAPISTRANO as Obligee,
—IND-00—TI-00
in the sum ofONE HUNDRED TWELVE THOUSAND TWO HUNDRED Dollars ($ 112, 200.00 )
? for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs,
`6# administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, That Whereas, the Principal on -1)1c 11 191/
$,6 entered into a certain Agreement or Contract with the Obligee wherein the Principal agreed to complete the
r?k# following improvements:
4
7°4'4INSTALLATION OF STREET IMPROVEMENTS STORM DRAINS
C8�
STREET LIGHTING SYSTEMS AND SEWER SYSTEMS FOR
TRACT 7393
{¢04 as more fully set forth in said Agreement.
4,08
t*4
NOW, THEREFORE, if the Principal shall well and truly perform and fulfill all of the covenants, terms and
yINS conditions of the said Agreement, then this obligation shall be null and void; otherwise to remain In full
# force and effect. Provided, however: 1) That the consent of Surety shall be required for any extension of
,... time to complete said improvements; 2) That no right of action shall accrue hereunder to or for the benefit
iyp of any person, firm or corporation other than the Obligee named herein.
0 0
to 11 Signed, sealed and dated NOVEMBER 21 19-72.
"I' Principal
FOUNTAIN VALLEY, CALIFORNIA 9
ACKNOWLEDGMENT BY SURETY
,y$ STATE OF CALIFORNIA ss.
County of ORANVF.
On this 21ST day of N(1VEptRF.R , _19�Z.., before me, CHARLENE ANDERSON
*$ a notary public in and for the State of California with principal office in the CoORANGE
unty of ,
residing therein, duly commissioned and sworn, personally appeared KEITH E. SANDROCK
known tw.11RuuF�t�ipFllifA.fitF�WJhn7iiRar(k/rfn,bi ral Insurance Company of America, the corporation that exe-
$ r-
cured t sN > ��%�gd o me that such corporation executed the same.
' :S
.� IN WIT E (7j q> y ,t IA band and affixe official seal, at my-gffice in the afore-
^' said Con r p y and yeat in this Eet%ificat first above wren � �� t
.. L.ITY
My Canirllo!cn Cxplres pl, 20., 1976 �� �J1t,
S-821 RI 4/68 PRINTED IN U.S.A. i...mr�o.,.e+u.t�•+...�
STATE OF CALIFORNIA,
r ss.
COUNTY OF Los Angeles )
OFFICIAL SEAL
George A. Campbell
NOTARY PURLIC CALIFORNIA
PR:NCI^AL OFFICE IN
LOS ANG`_LES COUNTY
My Commission Expires Sept. 22, 1974
ON November 30, i9 72
before me, the undersigned, a Notary Public in and for the said State, personally appeared
Warren L. Bauer known to me to be the
President, and Lynda M. Bauer known to me
to be the Treasurer/ Secretary of Bauer Development Co.
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.
GEORGE A. :CAMPBKL
NAME (TYPED OR PRINTED
Notary Public in and for said hate.
t
t v 4 I foo ,
IA+..
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rENERAL
INSLJRANCE
MPANY
OFR
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n
ME.. �
3$11
ri.
Bond No. 888089
Subdivision Improvement Bond
Labor and Material (California)
KNOW ALL MEN BY THESE PRESENTS: That BAUER DEVELOPMENT CO.
as Principal, and the
General Insurance Company of America, a Corporation organized and existing under the laws of the State of
Washington and authorized to transact surety business in the State of California, as Surety, are held and
firmly bound unto CITY OF SAN JUAN CAPISTRANO
for the use and benefit of any and all persons entitled to file claim under Section 11612, Business and Pro-
fessions Code of the State of California, in the sum of FIFTY STX THOUSAND ONE HUNDRED
___AND NOLLOO------------------------------ Dollars ($ 56,100.00 ),
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 THIS OBLIGATION IS .SUCH, That Whereas, the Principal entered into a certain
Agreement or Contract with the Obligee, dated the
day of l/VLEAAQe Q-- 191_M, wherein the Principal has agreed to complete the following improve-
ments:
INSTALLATION OF STREET IMPROVEMENTS, STORM DRAINS, STREET
LIGHTING SYSTEMS AND SEWER SYSTEMS FOR TRACT 7393
as more fully set forth in said agreement.
NOW, THEREFORE, if the Principal shall pay Contractor, his subcontractors, and persons renting equipment
or furnishing labor and materials to them for the improvement then this obligation shall be null and void;
otherwise, to remain in full force and effect.
The Aggregate liability of the Surety for any and all claims hereunder shall in no event exceed the sum
specified in this bond.
Time for filing suit on this bond shall be limited to six (6) months from date of completion of said improve-
ments as "completion" is defined under applicable sections of Code of Civil Procedure of California.
SIGNED and SEALED this 21 ST day of NOVEMBER , 19%2.
GENE AL SLJR C O ANY AMERI
By:
EI H E. S OCK rtorne -in-Fact
FOUNTAIN VALLEY, CALIFORNIA
Principal
5822 2/65 . i..... �.
Address
t v 4 I foo ,
IA+..
' I, Y, �, ,
Bond No. 888089
Subdivision Improvement Bond
Labor and Material (California)
KNOW ALL MEN BY THESE PRESENTS: That BAUER DEVELOPMENT CO.
as Principal, and the
General Insurance Company of America, a Corporation organized and existing under the laws of the State of
Washington and authorized to transact surety business in the State of California, as Surety, are held and
firmly bound unto CITY OF SAN JUAN CAPISTRANO
for the use and benefit of any and all persons entitled to file claim under Section 11612, Business and Pro-
fessions Code of the State of California, in the sum of FIFTY STX THOUSAND ONE HUNDRED
___AND NOLLOO------------------------------ Dollars ($ 56,100.00 ),
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 THIS OBLIGATION IS .SUCH, That Whereas, the Principal entered into a certain
Agreement or Contract with the Obligee, dated the
day of l/VLEAAQe Q-- 191_M, wherein the Principal has agreed to complete the following improve-
ments:
INSTALLATION OF STREET IMPROVEMENTS, STORM DRAINS, STREET
LIGHTING SYSTEMS AND SEWER SYSTEMS FOR TRACT 7393
as more fully set forth in said agreement.
NOW, THEREFORE, if the Principal shall pay Contractor, his subcontractors, and persons renting equipment
or furnishing labor and materials to them for the improvement then this obligation shall be null and void;
otherwise, to remain in full force and effect.
The Aggregate liability of the Surety for any and all claims hereunder shall in no event exceed the sum
specified in this bond.
Time for filing suit on this bond shall be limited to six (6) months from date of completion of said improve-
ments as "completion" is defined under applicable sections of Code of Civil Procedure of California.
SIGNED and SEALED this 21 ST day of NOVEMBER , 19%2.
GENE AL SLJR C O ANY AMERI
By:
EI H E. S OCK rtorne -in-Fact
FOUNTAIN VALLEY, CALIFORNIA
Principal
5822 2/65 . i..... �.
Address
ACKNOWLEDGMENT BY SURETY
STATE OF CALIFORNIA
SS.
COUNTY OF LVJLX*WXM ORANGE
On this 21ST day of NOVEMBER 1972 , before me per-
sonally appeared KEITH E. SANDROCK known to me to be the attorney-in-fact
of General Insurance Company of America, the corporation that executed the within instrument, and ac-
knowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affi my official seal, -my office in
the aforesaid County, the day and year in this certificate first ab a ri en. 9
STATE OF CALIFORNIA,
SS.
COUNTY OF Los Angeles 11111
IIIIIYIIIItl1,11,7tC0111101nMlllllnnlllllelPlp
CF 'd!ClAL GeA4
"=
CH°II ENE ANDERSON
I
NOTARY P, C CALIFORNIA
rte'
!
• � ,Y
(Seal) My Cotarniss:on E>:,7imc E,pt. 24, 1975
S-760 RI 7/66 NnnllllnpllumllnnnluwlnWlllllullnWplllulllllullllllllllll1111111111111111111111111141
N17 COMIT
STATE OF CALIFORNIA,
SS.
COUNTY OF Los Angeles 11111
Notary Public in the State of California
County of L= ORANGE
ON November 30 19_L2
before me, the undersigned, a Notary Public in and for the said State, personally appeared
Warren L. Bauer known to me to be the
President, and Lynda M. Bauer , known to me
to be the Treasurer /Secretary of Bauer Development Co.
me burp0lauun mat executes me vninin mslrumenT, Known TO me To De Tne persons wno
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.
G�GEA. AMPBLL
NAME (TYPED OR PRINTED
Notary Public in and for said tate.
OFFICIAL SEAL
"=
George A. Campbell
NOTARY P, C CALIFORNIA
a a.iY
PR;>;G PA _ OFFICE IN
--- -
LO ANGELES CO:INTY
N17 COMIT
oo Expires Sept. 22, 1974
Notary Public in the State of California
County of L= ORANGE
ON November 30 19_L2
before me, the undersigned, a Notary Public in and for the said State, personally appeared
Warren L. Bauer known to me to be the
President, and Lynda M. Bauer , known to me
to be the Treasurer /Secretary of Bauer Development Co.
me burp0lauun mat executes me vninin mslrumenT, Known TO me To De Tne persons wno
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.
G�GEA. AMPBLL
NAME (TYPED OR PRINTED
Notary Public in and for said tate.
't gxw IA I
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I
Subdivision Improvement Bond
Faithful Performance (California)
Bond No. 888090
Initial Premium S—
KNOW ALL MEN BY THESE PRESENTS: That RAILER DEVELOPMENT CO.
as Principal and the
General Insurance Company of America, a Corporation organized and existing under the laws of the State of
Washington and authorized to transact surety business in the State of California, as Surety, are held and
firmly bound unto CITY OF SAN JUAN CAPISTRANO , as Obligee,
in the sum of TWO THOUSAND FIVE HUNDRED AND NO/100 ---Dollars (S2,500.00 )
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 THIS OBLIGATION IS SUCH, That Whereas, the Principal on , 19
entered into a certain Agreement or Contract with the Obligee wherein the Principal agreed to complete the
following improvements:
INSTALLATION OF MONUMENTS FOR TRACT 7393
as more fully set forth in said Agreement.
NOW, THEREFORE, if the Principal shall well and truly perform and fulfill all of the covenants, terms and
conditions of the said Agreement, then this obligation shall be null and void; otherwise to remain in full
force and effect. Provided, however: 1) That the consent of Surety shall be required for any extension of
time to complete said improvements; 2) That no right of action shall accrue hereunder to or for the benefit
of any person, firm or corporation other than the Obligee named herein.
Signed, sealed and dated NOVEMBER 23 1972—
GENERAL IKSURA cE c6mi
l
TZEMgm
— , -- 74'
t�:1'r
1 _
Principal
ACKNOWLEDGMENT BY SURETY
STATE OF CALIFORNIA
County of ORANGE ss.
On ibis 91ST day of MOVEMRER 1972, before me, CHARLENE ANDERSON
a notary public in and for the State of California with principal office in the County of ORANGE
residing t �a�d sworn, ersonally appeared KEITH E. SANDROCK ,
known to the attorf3€' twene I Insurance Company of America, the corporation that exe-
cuted the uHe��t;���mrb Mt me that such corporation executed the same.
77NNJJJJ
mission Exp;re� eFu t? #P'm hand and affixed official seal, at my�affice in the afore.
IN WE S� OF, { have
said on Y;M Coniy'and year i%'this certificate first above writ n.
s Z',P*, . 97§ i d
S 821 111 4/68 PRINTED IN U.S.A.
STATE OF CALIFORNIA
Ss.
COUNTY OF Los Angeles )))
ON November 30, 1972
before me, the undersigned, a Notary Public in and for the said State, personally appeared
Warren L. Bauer , known to me to be the
OFFICIAL SEAL- President, and Lynda M. Bauer,known to me
1 George A. Campbell to be the Treasurer/Secretary of Bauer Development o.
NOTARY rIMlili CCALIFORNIA
OQAL IN
the Corporation that executed the within Instrument, known to me to be the persons who
LO ANGLLLS co.,Nry executed the within Instrument, on behalf of the Corporation herein named, and acknowledged
"v Commission Ez?ires Sept. 22, 1974 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.
GEO GE A. CAMPBELIC
NAME (TYPED on PRINTED
Notary Public in end fw said Lta.