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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+.. ' I, Y, �, , rENERAL INSLJRANCE MPANY OFR 0". OHIE4FB 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 ,a.�ascma,•z aw. a Aa E$k as svrc ref lc k,7 tri yt&: flea iM Ai # eik rim 164 14rx4 q.a• 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.