1979-0221_FREDRICKS DEVELOPMENT CORP_Reimbursement AgreementRECORDING REQUESTED 'BY D WHEN RECORDING FEE EMPT DUE TO
RECORDED RETURN -TO- qW GOVERNMENT C01W ECTION 61 3
•CITY OF SAN JUAN CAPISTRAN0 3'7283 � / 2689P61342
Office of the City Clerk
32400 Paseo Adelanto HAY ANN 'H OVER, City Clerk
San Juan Capistrano, CA 92675 San Juan Capistrano, California
":r ci No. 6381
__--
E
SiJBDIVT111I0N AGREBMrNT
THIS AGREEMENT, made pursuant to the provisions of Division 2
of Title 7 of the Government Code of: the State of Cali..fornia,.bv and
=ta7 ci ii i.i,6 Cl'tx lir 6AN JULN .UA1'15TRANO , a municipal—orpora'cion,
hereinafter called the "City" and FREDRICKS DEVELOPMENT CORPORATION
whose mailing address is 18 Brookhollow Drive,
Santa Ana, California 92705
hereinafter called the "Subdivider."
WITNESSETH:
THAT, WHEREAS, Subdivider has filed with the Planning Commission
of the City a tentative map for a proposed subdivision, known as
Tract No. 6381 , 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-
-at�vla iii said 1mprCV 2liieiit:� within t11E 't iiiiE aiCi2iii Y i;v�ilcu.
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 cf 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 -gutters 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 oti:er acts and obligations required by the City as condi-
tion of the approval of the tentative subdivision. For purposes of this
agreement, the City Engineer shall determine the estimated costs of said
i.mnr_ovements to be used for Surety devices as required harein.
2. Subdivider will, at 1iis (its) cwn cost and expense, provide and
install all on-site and off-site water mains and appurtenances and will
provide all labor and material to connect the same to existing mains
and facilities of the. Orange County Waterworks District 44, and will
coruply with all of the requirements of said District, and with the plans
and specifications for said work signed by, and on file in the office
of the Manage.` of said District, incorporated -herein by reference.
3. Subdivider agrees to pay all applicable fees assigned by
City. For purposes of this agreement-, applicable fees shall be defined
as all feea tinat way Le lcgaily assessed through City's ordinances
and resolutions <;
•
Subdivider. sna.'tl
accordance with the: pro ioa<
.:he Government Code, said bond. �•tu<;.i r,�;
estimated cost of work and
inspected by City personnel. Said :)ond
performance of this agreement.
r:ct No. 6381
�YI �689P� 1343
<<:__c:ient bond in
_s.cision 2 of Title 7 of
an amount equal to the total
iot t.c DO 'edicated to City but
sha.l be conditioned upon faithful
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 tot.ai estimated cost of the said work
and..mprcw'�.T. .tom to be 1uUiGdLed 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 thele 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 (10%) 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 costs specified herein within a period of 365 days
from the date hereof. T
8. It is agreed by and between the parties hereto that in the event
iz deemed necessary tc tc: d tha ti::t 0.1v,iiZ ct ioii of ile v 01 an'
improvement to be done under this agreement, said extension may be
granted by the City Council of the City of San Juan Capistrano or its
duly authorized officer, and shall in no way affect the falidity of
this agreement or the obligations hereunder. Bonds furnished hereunder
shall be kept in full force and effect until said work and improvements
shall be deemed complete, approved and accepted as completed by said
City Council unless the same are reduced.
9. Subdivider agrees that City may, without any notice, and at
its 'sole option, at any time after the said time for completion has
passed, complete, or cause to be completed, all or any part of the said
work, and Subdivider shall pay to said City, upon demand, all of the
cost of any of said work done by the City, its agents and contractors, or
any of them, to complete all or any part of said work.
10. Subdivider agrees to pay City such sum as the Court may adjudge
as reasonable for the legal services of any attorney representing the
City in any action brought to enforce or interpret the obligations of
this instrument, and such sum shall be made a part of any judgment in
such action against the Subdivider if such action is determined in favor
of the said City.
11. City, its officers and employees, except for their own acts,
shall not be liable or responsible for any accident, loss or damage
happening or occurring to the improvements specified in this agreement
prior to the completion and acceptance of said improvements by the City.
12. At all times from the 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 in a safe, workmanlike manner and shall. take such
precautions as may be necessary to warn and protect the public from any
dangerous condition caused by the construction of said improvements.
13. Subdivider shall hold City, its officers and employees harmless
from any and all claims, demands, causes of action, liability or loss
of any soit.because of, or arising out of, the acts or omissions of the.
Subdivider, his contractor, subcontractors agents or en ogees th.%
, , g P1 -r
performance of this agreement..
-2-
flay of
ATTEST:
•
6381
BK ! 2689Pi; ! 344
Executed at: Sar, Juan Ca istr. •::.u, . ,_._.. ,_ -r:i 17th
May 1,978 --- --- -
San Juan; apistrano City Clerk
APPROVED AND RECOMMENDED FOR
EXECUTION:
"' -_ 1/'A�t
City Engine
Manager,05f Orange County
Waterw rks, District #4
SUBDIVIDER*
By
James D
, Secretary
OF SAN JUAN CAPISTRANO
By
KENNETH E. FR SS, MAYOR
APPROVED ASQTOO(�FORM:
`.r"'vr_tcit
NOTE: Improvement Bond and Materiati/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 forin
or execution.
STATE OF (:ALIFORNIA -,
COUNTY of ORANGE J} SS.
On May 5. 1978 —_ . _.. before me,
'^ the und,,,iunvd, it Notar}Public in and for said County and State,
personally appeared _ _Wade Cable
known to me to be the "Ce President, and-
James
nd James D. White
known to me to be
Secretary of the corporation that e,ecuted the
within LrstrumenL known to me to be the persons who executed the
0
'I within Instniment on behalf of the rorporntion therein named, and
a' seknorledped to me that such corporation executed the within
p° instrument pursuant to its by-laws or a resolution of its hoard of
v directors.
a
C7 6ipnalure—
m
w
0
�S
FOR NOTARY SEAL OR STAMP
�wwwwwwww�ww�wwowwwwwwwwo�w�w=
w OFFICIAL SEAL o
DORIS M. FOWLER
w e> NOTARY PUBLIC - CALIFORNIA
PRINC'PAL OFFICE IN �
w OFMAC_ COUNTY <
My Commission Expires Dec. 2, 1980
`000w000wwwwowwowwwwwww�oowwo+
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
9:06 A.M. MAY 25 1978
LEE A. BRANCH, County Recorder
—3—
RELEASE OF GRADING SURETY, TRACT 6381
(FREDERICKS DEVELOPMENT COMPANY)
(38) As set forth in the Report dated July 6, 1982, from the
Director of Public Works, the developer has completed all
the grading and drainage improvements, the work has been
inspected by the Building and Safety Division and found to
be in conformance with the approved grading plan and the
City's Grading Code.
Staff was authorized to release grading bond No. 7116904
issued by the Fireman's Fund Isurance Company in the amount
of $101,114.00 for Tract 6381.
?/i�/2-�.
0
0
AGENDA ITEM July 6, 1982
TO: Stephen B. Julian, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Release of Grading Surety, Tract 6381
(Fredricks Development Corp.)
SITUATION -
The developer has completed all the grading and drainage
improvements for Tract 6381. The work has been inspected
by the Building and Safety Division and found to be in
conformance with the approved grading plan and the City's
Grading Code. The developer, therefore, requests that the
grading surety be released at this time.
The grading surety being considered is as described below:
Surety No. Underwriter Amount
7116904 Fireman's Fund Insurance Co. $101,114
FINANCIAL CONSIDERATIONS:
There are no direct costs to the City seen in this action.
ALTERNATE ACTIONS:
1. Authorize staff to release the grading surety for Tract 6381.
2. Do not authorize staff to release the grading surety for
Tract 6381
3. Refer to staff.
RECOMMENDATION:
By motion, authorize staff to release the grading surety, in
the amount of $101,114.00 for Tract 6381.
Respectfully submitted,
W. D. Mu ph�
WDM:NSC/ol
Attachment li_►�
FOR CITY COUNCIL AGENDA
0
FREDRICKS DEVELOPMENT CORPOR//(�A'�T�.MIVFD
18
OLLOW
- SANTA ANA,
) 549-4877
MAILING HADO ESS: P.O.BOX 4138, SANTA ARNA, CALS F O'�1114IA2765? F.4 X82
March 22, 1982
Mr. Hank Martin
Building Department
CITY OF SAN JUAN CAPISTRANO
32400 Paseo Adelanto
San Juan Capistrano, California 92675
Re: Grading Permit Bond #7116904
Tract 6381, $101,114.00
Dear Mr. Martin:
CITY O=
SAN 1JAN
CAP;STRAN-j
This letter will serve as notification that all work pertaining to
the above referenced bond has been completed. Please have an in-
spection made, and if you agree, issue us a letter releasing this
bond. Please advise us if any problems are found during inspection.
If you have any questions regarding the above, please do not hesi-
tate to contact me.
Sincerely,
FREDRICKS DEVELOPMENT CORPORATION
Debra J. Scharf
Asst. Insurance Mgr.
cc: Wade Cable
Frank Simunec
A SUBSIDIARY OF PACIFIC LIGHTING CORPORATION
2
L
FIREMAN'S FUND 1 CE COMPANY
. • A I THEAMERICAN INS COMPANY
Cn
�j
NATIONAL SURETY CORPORATION
FIREMANS FUND ASSOCIATED INDEMNITY CORPORATION
INSURANCE COMPANIES AMERICAN AUTOMOAIIEINSURANCE COMPANY
NECLIVE!
NExldutA *tt Ocate
CITY OF
SURETY RIDER SAN JUAN
CAP ISTRAN`j
To be attached to and form a part of Bond No. 7116904
executed I FREDRICKS FRED:DFVF10PMFNT C RPORATTnN as
Principal and by FIREMAN'S FUND INSURANCE COMPANY as Surety,
in favor of County of Orange
and effective as of June 19 1978
In consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing
the limit of liabili
From: SEVEN HUNDRED THIRTY-NINE THOUSAND ONE HUNDRED SIXTY AND NO/100 DOLLARS
($739,160.00)
To: ONE HUNDRED ONE THOUSAND ONE HUNDRED FOURTEEN AND NO/100 DOLLARS
($101,114.00)
Nothing herein contained shall vary, alter or extend, any provision or condition of this bond except as herein expressly
stated. This rider is effective on the 19th
day of June
1980 .
Signed and sealed this
13th
day of May
19 80 .
FREDRICKS DEVELOP MEN
CORPORATION
Principal
i
By
Title
FIREMAN'S EUNa INSURANCE COMPANY
Accepted:
Surety
COUNTY OF RANG
By /.�� 1
_u'`"""--
Obligee
Francis G. Jarvi .
Jr. A
orneFact
By 39, fL,I
q 103 O
Ssf .
c (� Title
Joy{ l EYL3,-
Jc
CA I J -' sc
j u_o " a o s�ra u o
State of Cal ifornia
County of Orange
On May 13th, 1980 , before me, a Notary Public in and for said County and Stale, residing
therein, duly commissioned and sworn, personally appeared Francis G. Jarvis, Jr.
known to me to be Attorney -in -Fact of FIREMAN'S FUND INSURANCE COMPANY
the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed
the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my }land and affixed my official seal, the day and year stated in this certificate above.
OFFICIAL SEAL
My Commission Expires� LORNA L. MENENDEZ
..,p ftY-7ti8tiCZ'7RFORtiIA
PRINCIPAL OFFICE IN
360212-5-66 '� ORANGE COUNTY
My Commission Expires Sept. 17, 1982
*DEPARTMENT OF BUILDING AND SAFET# Bond No. 7116904
COUNTY OF ORANGE Premium: $12,597.00
GRADING PERMIT SURETY BOND
KNOW ALL MEN BY THESE PRESENTS: That FREDRICKS DEVELOPMENT CORPORATION
18 Brookhollow Drive, Santa Ana. CA 92705 as Principal,
and FIREMAN'S FUND INSURANCE COMPANY
a corporation organized and existing under the laws of the State of La I 1 rornl a ,
and duly authorized to transact a surety businessAd&S i s $,y5K4'. �iUUSANu fbi* bound unto
the County of Orange in the just and full sum of urTNDRF.D GTXTV ANTI NO/ ------------ DOLLARS, $739,160
for the payment of which, well and truly to be made, said Principal and Surety bind themselves, their heirs, adminis-
trators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT,
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:
Tract 6381, San Juan Capistrano
and ' EIGHT HUNDRED SIXTY-SEVEN THOUSAND & NO/100 Dollars
WHEREAS, the estimated cost of the work authorized by the permit is 9&67.000. 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 1 of Title 7 of the Codified Ordinances of the County of Orange, commencing with Section
71.041 thereof; and
b. Comply with all the terms and conditions of the permit to the satisfaction of the Director of Build.
ing and Safety; and
c. Complete all of the work contemplated under the said permit within the time limit specified in the
permit, and any extension or extensions thereof, and
d. Reimburse the County for any work the Director of Building and Safety deems necessary to
complete, correct or otherwise undertake the work specified in the permit, or any work he deems necessary for the
public safety, because of any failure on the part of the Principal, then this obligation shall be null and void; other.
wise it shall remain in full force and effect.
PROVIDED, 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
r 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 19th day of June , I9Z8—.
FREDRI I P RA
ri al
By
a e, ices rest ent
-
By
Doris Fowler, Asst. secretary
FIRM FUNDI 2MN E COMPANY
c rety
BY
F.
egran trot y -in -Fact
F 2092-94.2
state of Calif orni a
County of Orange ss:
On June 19, 1978 before me, a Notary Public in and for said County and State, residing
therein, duly commissioned and sworn, personally appeared F. E. Legrand
known to me to be Attorney -in -Fact of FIREMAN'S FUND INSURANCE COMPANY
the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed
the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above.
COMMISSION EXPIRES AUG. 12. 1981OFFICIAL SEAL
MARY A. JENNY
Cres
My Commission Ex - 1 , \ l
Expires 9 e--eAtfFORNIA Notar Pu6H
PRINCI°AL OFFICE IN 1/ ( y
360212-8.66 ORANGE COUNTY \_
MY
STATE OF CALIFORNIA
c
COUNTY OF QjjAbrE ss.
—�
O" June ZOr 197$
o
U
before me, the undersigned, a Notary Public in and for
o
said State, personally appeared_ Wade Cable
c
known to me to be the Vlce Doris Fowler
President, and__
Assistant
.�
known to me to be the Secretary of the
corporation that executed the within instrument,
Qand
known to me to he the persons who executed the within
_
instrument on behalf of the corporation therein named, and ac-
o
knowledged to me that such corporation executed the within
•
♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦•
o
Q.
instrument pursuant to its by-laws or a resolution of its board of
_ OFFICIAL SEAL
r".'�\
♦ Margaret Anne Papuga
o
directors.
p NOTARY PUBLIC - CALIFORNIA
'.
PRINCIPAL OFFICE IN
0
WITNESS my hand nd Official seal.
ORANGE COUNTY
My Commission Expires April 6, 1981
:
WSignature
et e Papug
Name (Typed or Printed)
(This area for official notarial seal)
state of Calif orni a
County of Orange ss:
On June 19, 1978 before me, a Notary Public in and for said County and State, residing
therein, duly commissioned and sworn, personally appeared F. E. Legrand
known to me to be Attorney -in -Fact of FIREMAN'S FUND INSURANCE COMPANY
the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed
the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above.
COMMISSION EXPIRES AUG. 12. 1981OFFICIAL SEAL
MARY A. JENNY
Cres
My Commission Ex - 1 , \ l
Expires 9 e--eAtfFORNIA Notar Pu6H
PRINCI°AL OFFICE IN 1/ ( y
360212-8.66 ORANGE COUNTY \_
MY
k`
Bond No. 7116902
Tract No. 6381
or Project
Premium: $24 028-00
Executed In Trip icaT te—
BOND FOR IMPROVEMENTS
(FAITHFUL PERFORMANCE)
WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and
FREDRICKS DEVELOPMENT CORPORATION , whose mailing address is
18 Brookhollow Drive, Santa Ana, CA 92705 , hereinafter designated as Principal,
have entered into an agreement whereby Principal agrees to install and complete certain
designated improvements, which said agreement dated May 5th _, 19 78 and
identified as (Subdivision Agreement for Tract 6381 �� Project —� is
hereby referred to and made a part hereof; and
WHEREAS, Said Principal is required under the terms of said agreement, to furnish a bond
for the faithful performance of said agreement.
NOW, THEREFORE, we, the Principal, and FI
whose mailing address is 19E
as Surety, are held and firmly bound unto
City, in the penal sum of ONE MILLION EI
-----------------------------Dollars 11
States, for the payment of Which sum well
successors, executors and administrators,
K,
n uuan uapistrano
ca 11 ed
bb,ZUU.UU iawrui money or the uniteo
and truly to be made, we bond ourselves, our heirs,
jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded Principal, his or its
heirs, executors, administrators, successors or assigns, shall in all things stand to and
abide by, and well and truly keep and perform the covenants, conditions and provisions in
the said agreement and any alteration thereof made as therein provided, on his or their
part, to be kept and performed at the time and in the manner therein specified, and in all
respects according to their true intent and meaning, and shall indemnify and save harmless
the City of San Juan Capistrano, its officers, agents and employees, as therein stipulated,
then this obligation shall become null and void; otherwise it shall be and remain in full
force and effect.
As a part of the obligation secured hereby, and in addition to the face amount specified
therefor, there shall be included costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by City in successfully enforcing such obligation,
all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the agreement or to the work to be performed thereunder, or the
specifications accompanying same, shall in any way affect its obligations on this bond,
and it does hereby waive any notice of any change, extension of time, alteration or
addition to the terms of the agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety
nhn.,n nnm.rl nn .lima 1F7FH 19 78
I Address of Subdivider:
18 Brookhollow Drive
.Santa Ana, California 92705
SURETY
FIREMAN'S FUND URANCE COMPANY
By -
F. E. A torr ey-:in-Fact
NOTE: Acknowledgments of execution of Principals and Surety must be attached. Bond
must be attached to Subdivision Agreement.
STATE OF CALIFORNIA
COUNTY OF _ ORANGE_ _ _ ss.
a on_
___Ju_ne 16:__1978 -
i y
the undersiened, a Not"y Puhlic in and hnr.aid County cod Stem_
personally appeared _
know -n to me to he the_ - - -E-.-J —. ter-
v - - _ _President. nod
----Wade
Lable known to let, to he
R U1Ce,,c
rBSji ent- Set of the corporation that ececuted the
F wit m Instrument, known to me to he the perpou, who derated the
a within hi.tnm�ent know,,
behalt of the corporation therrin named, :uol
jo acknowledged to me [hat such eorporetion exautcd the within
U instrument pursuant to its by-laws or a resolution of its hoard of
directors.
14
i w
O Signature_
0
y
stateot California)
Orange
County of S ss.
FOR NOTARY SEAL OR STAMP
• OFFICIAL SEAL •
o DORIS M. FOWLER
A.
• ::S$ NOTARY PUBLIC - CALIFORNIA •
• Plaf. t -11L OFFICE IN •
• 0 _ COUNTY •
•
•
• My Commission Expires Dec. 2, 1980 •
On June 15th, 1978 , before me, a Notary Public in and for said County and State, residing
therein, duly commissioned and sworn, personally appeared F. E. Legrand
known to me to be Attorney -in -Fact of FIREMAN'S FUND INSURANCE COMPANY
the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed
the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF. Ihpve hereunto_set my hand and affixed my official seal, the day and year stated in this certificate above.
OFFICIAL SEAL
MARY A. JENNY Y
My Commission Expires M NDTARY PUBHfeAtK-&RNIA jl� PRINCEIAL OFFICE IN tary PuktORANGE COUNTY l
36021266 MY COMMISSION EXi1RES AUG. 12, 1981
MEMORANDUM October 1, 1981
TO: Cathleen DuCoing, Records Coordinator
FROM: C. M. Bryant, Principal Engineering Aide
SUBJECT: Faithful Performance Surety - Tract 6381
(Stoneridge)
Due to possible problems with the public improvements within
the subject tract the Faithful Performance Surety should be
held and/or extended until released by the City Engineer.
A
CMB/rem
✓I
0 0
7. RESOLUTION, NOTICE OF COMPLETION AND RELEASE OF
SURETY - TRACT 6331 AND HIGHLAND DRIVE (FREDRICKS)
✓ M) Written Communications:
(85) Report dated No 5, 1980, from the Director of Public
Works, advising that the public improvements for Tract 6381
and Highland Drive have been completed and requesting release
of bonds.
Acceptance of Work:
The following Resolution was adopted:
RESOLUTION NO. 80-11-5-6, COMPLETION OF PUBLIC
IMPROVEMENTS - TRACT 6381 AND HIGHLAND DRIVE - 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 PUBI,IC IMPROVEMiENTS - TRACT 6381
AND HIGHLAND DRIVE (FREDRICKS)
The Resolution accepts the public improvements and directs the
City Clerk to forward the Notice of Completion to the County
Recorder within 10 days.
Release of Surety:
The following bonds from Fireman's Fund are to be released
upon expiration of 35 days from recording of the Notice of
Completion:
Bond Amount
Labor 6 Material, No. 7116902 $1,866,200
Monumentation, No. 7116888 7,200
The following bond from Fireman's Fund was extended to
November 5, 1981:
Faithful Performance, No. 7116902 $1,866,200
'8- 11/5/80
STATE OF CALIFORNIA
COUNTY OF ORANGE _ _ _} SS.
U°- May 10, 1978- )JJ
o- before me,
the uadereiened, a Notary Public in and for said County and State,
personally appeared — Wade Cable
known to me to be the— Vice
—President, and--
James
nd James D. White
s - — ,known to me to be
°o — _— —Secretary of the corporation that executed the
o within fre,nument. known to me to be the persons who executed the
o within Inan,ment on behalf of the corporation therein named, and
a acknowledged to me that such corporation exevuted the within
p instrument pursuant to its by laws or a resolution of its board of
directors.
O
r? Signature
ay
Q-- [CpZi p01'111
County ofOrange C as:
Cs
FOR NOTARY SEAL OR STAMP
♦ OFFICIAL SEAL •
• DORIS M. FOWLER e
•
• `d NOTARY PUBLIC -CALIFORNIA �
• PRINCPAL OFFICE IN e
O6ANG= COUNTY 4
My Commission Expires Dec. 2, 1980 e
�♦♦♦♦♦♦♦♦ee♦eeeeee••e♦♦e♦♦♦♦♦e
On May 10th, 1978 , before me, a Notary Public in and for said County and State, residing
therein, duty commissioned and sworn, personally appeared F. E. LEGRAND
known to me to be Attorney -in -Fact of FIREMAN'S FUND INSURANCE COMPANY
the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed
the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, t^--��+d-=� d
.sasHN. S!L..ttF,rUj Pri.. _
�;- -- OFFICIAL SEAL
MARY A. JE^4NY
My Commission ExpiresCALIFORNIA
P?iNCIPAL CFFICE IN
- - GE COUNTY
360212-4-66 1,MY C'3,SiMISSION EXPIRES AUG. 12, 1981
official seal, the day and year stated in this certificate above.
G_ h
Notary Pu is
FIPEM Ary 5 FU NO INSU PA NCE COMGANY 7116888
�/ FIREMAN S Bond No._______.�_...-_.-___.
FUND TME AMFNIC,N I NS CORDO TIONO.FY
N,TION1l SO PFTY CO N.OF.TIUN Premium: $130.00
•SSOCI ATEO IN OEMNITY CORPORATION
AMERICAN I AMER'C.ry..TOMOR'LE INSURANCE COMPANY EXECUTED IN TRIPLICATE
INSURANCE COMPANIES NOME OFFICE SAN FRANCISCO. CALIFORNIA
SUBDIVISION MONUMENT BOND
(Faithful Performance and Labor and Materials)
KNOW ALL MEN BY THESE PRESENTS:
That FREDRICKS DEVELOPMENT CORPORATION , as
and hereinafter referred to collectively as "Principal", and
FIREMAN'S FUND INSURANCE COMPA,4Ya corporation organized and existing under
the laws of the State of California , and duly authorized to
transact surety business in the State of California, as and hereinafter
referred to as "Surety", are held and firmly bound unto CITY OF SAN
JUAN_CAPISTRANO hereinafter referred to as
ty", in the sum or SEVEN THOUSAND TWO HUNDRED AND No/100 ----
---------------------------------------- Doiiars
--
----------------------------------------Dollars (5 '1.200.00 J
for payment of which Principal and Surety bind themselves, their heirs,
administrators, successors and assigns, jointly and severally as follows:
THE CONDITION OF THE ABOVE OBLIGATION IS THAT:
WHEREAS, Principal has presented to the City Council of the City of SAN JUAN
CAPISTRANO , for its approval, a Final Subdivision Map of
Tract No. 6381 , which said map carries the Engineer's or
Surveyor's certificate that the monumenca will be set on or before a
specified later date; and,
WHEREAS, this bond is given to insure the setting of such monuments and
to guarantee payment to the Engineer or Surveyor for setting such monu-
ments in said Subdivision, and as a prerequisite for the approval of
said Final Subdivision Map.
NOW, THEREFORE, the condition of this obligation is such that if the
Principal shall cause such monuments to be set and shall pay the
Engineer for setting such monuments in the manner and within the times
specified in Business and Professions Code 1 11592, then this obligation
shall be null and void; otherwise, the Surety agrees to pay the same in
an amount not exceeding the amount of this bond.
PROVIDED, FURTHER, that in case suit is brought upon this bond by City
or any other person who may bring an action on this bond, a reasonable
attorney's fee, to be fixed by the Court, shall be paid by Principal or
Surety.
IN WITNESS WHEREOF, Principal and Surety have caused these presents to
be duly signed and sealed this 10th day of. MAY
19 78 .
FIREMAN'S FUN NSURANCE COMPANY
(Suret„y
� a
Bye
F. E. -r-end, Attorney -in. -Fact
FREDRICKS DEVELOPMENT CORPORATION
360045-12-66
Bond No. 7116902
Tract No.
or Project
Premium included in that shown on
the Performance Bond.
Executed in Triplicate
BOND FOR IMPROVEMENTS
(LABOR AND MATERIALS)
WHEREAS, the City Council of the City of San Juan Capistrano, County of Orange, State of
California, and FREDRICKS DEVELOPMENT CORPORATION whose
mailing address is 18 Brookhollow Drive, Santa Ana, CA 92705 ,
hereinafter designated as Principal, have entered into an agreement whereby Principal
agrees to install and complete certain designated improvements, which said agreement dated
May 5th , 19 78 and identified as (Subdivision Agreement for Tract No.
6381 Project ) is hereby referred to and made a part hereof; and
WHEREAS, Under the terms of said agreement, Principal is required before entering upon the
performance of the work, to file a good and sufficient payment bond with the City of San
Juan Capistrano to secure the claims to which reference is made in Title 15 (commencing
with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.
NOW, THEREFORE, said Principal and the undersigned as corporate Surety, are held firmly
bound unto the City of San Juan Capistrano, and all contractors, subcontractors, laborers,
materialmen and other persons employed in the performance of the aforesaid agreement and
referred to.in the aforesaid Code of Civil Procedure in the sum of ONE MILLION EIGHT
HUNDRED SIXTY SIX THOUSAND TWO HUNDRED AND NO/100-----------Dollars 1,866,200.00 ),
or materials furnished or labor thereon of any kind, or for amounts due under the
Unemployment Insurance Act with respect to such work or labor, that said Surety will pay
the same in an amount not exceeding the amount hereinabove set forth, and also in case
suit is brought upon this bond, will pay, in addition to the face amount thereof, costs
and reasonable expenses and fees, including reasonable attorney's fees, incurred by
City in successfully enforcing such obligation, to be awarded and fixed by the Court, and
to be taxed as costs and to be included in the judgment therein rendered.
It is expressly stipulated and agreed that this bond shall inure to the benefit of any
and all persons, companies, and corporations entitled to file claims under Title 15
(commencing with Section 3082) Part 4 of Division 3 of the Civil Code, so as to give a
right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become
null and void, otherwise it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the said agreement or the specifications accompanying the same
shall in any manner affect its obligations on this bond, and it does hereby waive notice
of any such change, extension, alteration, or addition.
IN WITWESS WHEREOF, this instrument has been duly executed by the Principal and Surety
above name on June 15th , 19 78
Address of Subdivider:
18 Brookhollow Drive
' Santa Ana, California 92705
SURETY
FIREMAN'S FUND I-NS4RANCE COMPANY
B� -
F. E.. AttornFy-in-Fact
NOTE: Acknowledgments of execution by Principals and Surety must be attached. Bond
must be attached to Subdivision Agreement.
STATF. OF CALIFORNIA
COCNTY OF_ -ORANGE �-�
On �
June 16 1978
hrfine me.
m the under. icned, a Notary PoI)Iir in and for ,;Cid I:ounty o I Mote,
per:mnally appeared __—E— J—Wnter_
know[, to toe to be the _ __ Pre'idetn, an,l
w — Wade Cab] -_ _ — kce,cu to me to he
o Vice Pres1dent—Sr,rrtury of the ,corporation th,tl e,eruted the
-o within Imtrument, known to me to he the per.on- who e,ccuted the
o within Instrument un h,Lalf of the rnrporation therein named mcd
u' a(kno,vledged to me that aueh corporation ext utr,l the within
`0
p
instrument pursuaot to its by-laws or a resolution of its board of
directors.
ao
0 Signature j_
e Y
O
N
State of Californian
County 010range S ss:
C�
FOR NOTARY SEAL OR STAMP
OFFICIAL SEAL
PO!S M. FOWLER •
♦ NOTARY PUBLIC -CALIFORNIA
.. '
Pt-, +;L OFFICE IN
• COUNTY
My CtdPntoission Expires Dec. 2, 1980 `
On June 15th, 1978 , before me, a Notary Public in and for said County and State, residing
therein, duly commissioned and sworn, personally appeared F. E. Legrand
known to me to be Attorney -in -Fact of FIREMAN'S FUND INSURANCE COMPANY
the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed
the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above.
OFFICIAL SEAL
MARY A. JENNY _
MY Commission Expires .6-FFICE I{RNIA oted^" I lic
PR,NGIPAL OFFICE IN pia ublic
ORANGE COUNTY
360212--6.66 My COMMISSION EXPIRES AUG. 12, 1981
72400 PASEO AOELANTO '
SAN JUAN CAPISTRANO. CALIFORNIA 92673
Fredricks Development
18 Brookhollow Drive
Santa Ana, California
Gentlemen:
PNONE 4911171
May 13, 1980
Corporation
92705
Re: Exchange of Financial Sureties for Grading -
Tract 6381
✓ ,Q.�(, ,Vv o:. I
At their meeting of May 7, 1980, the City Council
authorized staff to accept the reduced grading surety in the
amount of $101,114.00 for Tract 6381, and to release the
original grading surety from Fireman's Fund Insurance Company
in the amount of $739,160.00. A copy of the original surety
is enclosed for your information.
If you have any questions, or need additional information,
please do not hesitate to call.
Veky truly yours,
i
(MRS) MARY ANN HANOVER, CMC
City Clerk
MAH/cj
Enclosure
cc: Fireman's Fund Insurance Company
Director of Public works
DEPARTMENT OF BUILDING AND SAFETY
• COUN"Y OF ORANGE Premium: $12,597.00
GRADING PERMIT SURETY BOND'
KNOW ALL MEN BY THESE PRESENTS: That FREDRICKS DEVELOPMENT CORPORATION
1.A Rrnn4hollow Drive. Santa Ana. CA 97705 , as Principal,
and FIRFMAWS FUND INSURANCE COMPANY
a corporation organized and existing under the laws of the State of California
and dal authorized [o transact a sure[ business b.• S f `1,tf t' f' bound unto
Y y i4 i�2I �I�USAIv� bi,�
the County of Orange in the just and full sum of
u n.ri^tin crx�•v n•an nln n-------------- DOLLARS, ($739,160.:
for the payment of which, well and truly to be made, said Principal and Surety bind themselves, their hens, adminis-
trators, successors and assigns, jointly and severally, firmly by these presents. _
THE CONDITION OF THE A13OVE 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: .
Tract 6381, San Juan Capistrano
and ' EIGHT HUNDRED SIXTY-SEVEN THOUSAND & NO/100 Dollars
5+
WHEREAS, the estimated cost of the work authorized by the permit is 67 •DOD. DO ,
NOW, THEREFORE, it is agreed that if the Principal shrill:
*.Comply with all the provisions of "The Excavating and Grading Code of the County of Orange",
Article 4 of Division 1 of Title 7 of the Codified Ordinances of the County of Orange, commencing with Section
71.041 thereof; and
b. Comply with all the terms and conditions of the permit to the satisfaction of the Director of Build -
Ing and Safe -y; and
e. Complete all of the work contemplated under the said permit within the time limit specified in the
permit, and any _:tension or extensions thereof, and
d. Reimburse dee 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 sa!ety, 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, IIO%TVFR, 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 of 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 attomey's fee, to be fixed by the court, shall be paid by the Principal
of Surety.
IN WITNESS WHEREOF, the said Principal and said Surety have caused these presents to be duly signed and
sealed this loth day of — June , 197B•_.
D ICK- nFVFI nPMrNT CORPORATION
B
14, a l
a e., Ice sres} ant
By sem! <_,
Doris Fowler, Asst. Secretary
FI_ REMAN'S 2;1-1
RAt ,OMPANY
rety
Ff.Y-
e9rann.F set
r 2402.04 2
AGENDA ITEM May 7, 1980
TO: James S. Mocalis, City Manager
FROM: W D. Murphy, Director of Public Works
SUBJECT: Exchange of Financial Sureties, Tract 6381 --Grading
(Fredricks)
SITUATION
The developer has completed the mass grading for Tract 6381, and
the work has been conceptually approved by the Building & Safety
Division. The remaining work is limited to landscaping at an
estimated cost of $49,364.38, and corrective grading resulting
from this winter's rains at an estimated cost of $51,750.00.
The total estimated cost of the remaining work is $101,114.00.
Accordingly, the developer requests that he be allowed to post a
new grading surety in the amount of $101,114.00, and that the
original grading surety in the amount of $739,160.00 be released.
Staff feels that the conditions placed on this development can
be adequately enforced with the reduced surety.
FINANCIAL CONSIDERATIONS
There are no direct costs to the City seer_ in this action.
ALTERNATE ACTIONS
1. Authorize staff to accent the reduced grading surety, and
release the original grading surety.
2. Do not authorize staff to release the original surety.
3. Refer to staff.
RFCOM�1ENDATION
By motion, authorize staff to accept the reduced grading surety
in the amount of $101,114.00, and release the original grading
surety posted for Tract 6381.
ReSlreCtfully Submitted,
LV. 4�.ate, ll
W. D. Murphy(
WDM:,7GG/rh
Fop CITY (-ni 1ni(`R ArFNnA ..
0
K#
SAS
Aft
R E C E I P T
RECEIVED from the City of San Juan Capistrano,
the following:
1. Bond for Public Improvements (Faithful
Performance), No. 7116887, dated May 10,
1978, in the amount of $2,628,200.00;
2. Bond for Public Improvements (Labor and
Materials), No. 7116887, dated May 10,
1978, in the amount of $2,628,200.00.
The above mentioned bonds for Tract 6381 were exchanged
for:
1. Bond for Public Improvements (Faithful
Performance), No. 7116902, dated June 15,
1978, in the amount of $1,866.200.00;
2. Bond for Public Improvements (Labor and
Materials), No. 7116902, dated June 15,
1978, in the amount of $1,866,200.00.
The bonds were exchanged pursuant to revised cost
extimates per Richard Carneiro, Public Works Department.
Dated: June 19, 1978
WAD't CABL , VICE PRESIDEN
FREDRICKS DEVELOPMENT
APPROVED:
GEORGE OHN ASSISTANT
CITY ENGINEER
Tract No. _ 632L
-r. Project
• Premium: $ 32,122.00
BOND POOR TMPROV13,iENTS Executed in Triplicate
;FAITHFUL PERFORMANCE)
WHEREAS, the Citv Council of the City of San Juan Capistrano, State of
California, and FREDRICKS DEVELOPMENT CORPORATION whose
availing address is18 BrOo1,1 110w Drive, Santa Ana, CA 92705
hereinafter designated as Principal, have entered into an agreement whereby
Principal agrees to install and complete certain designated improvements,
which said agreement dated May 5th 19 78 and identified
as (Subdivision Agreement for Tract 6381 ) (Project ) is
I.ereby referred to and ;az-de a part hereof; and
WHEREAS, Said Principal is required under the terms of said agreement, to
furnish a bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the Principal, and FIREMAN'S FUND INSURANCE COMPANY
_, whose mailing address is 1950 E. 17th Street, Santa Ana,
CA 92702 , as Surety, are held and firmly bound unto the
ci.i�t o;. jan Juar Cadidstrarlo, hehreinafter called City, in the penal sum
Of ° it ion Six un a Twen y Eig t- Dollars ($ lawful
Thousand Two Hundred & No/100 -- 2,628.200.00 )
money of the United States, for the payment of which sum well and truly
to be made, we bond ourselves, our heirs, successors, executors and
administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded
Principal, his or its heirs, executors, administrators, successors or
assigns, shall in all things stand to and abide by, and well and truly
keep and perform the covenants, conditions and provisions in the said
agreement and any alteration thereof made as therein provided, on his or
their part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to their true intent and meaning,
and shall indemnify and save harmless the City of San Juan Capistrano, its
officers, agents and employees, as therein stipulated, then this obligation
shall become null and void; otherwise it shall be and remain in full force
and effect.
As a part of the obligation secured hereby, and in addition to the face
amount specified therefor, there shall be included costs and reasonable
expenses and fees, including reasonable attorney's fees, incurred by City
in successfully enforcing such obligation, all to be taxed as costs and
included in any judgment rendered.
The
0 0
_ STATE OF CALIFORNIA SS.
COUNTY OF. ORANGE
o OnMay i O,_ 978_ ._ before me.
_ot the undersicned, a Notary Public in and for said County and State.
3 personally appearedCable_-
=
known to n:r to Lr the. - Vice_ I're.idrnt. mud
mo James -0 _ Whi te_— , known to me to he
_ Secretary of the corporation that executed the
e widtin In.tnuurnl, known to mr to br tln• prr•nn< who r�ccubd the
within In-li unu•nt on )o -half of the corpornlion therein named, amf
? acknnwIrJgcd uu me that such corporation executed the within
U in+trument pur,aant to its hr -laws or a rrsulutiun of fl. board of
: directors.
K
VSignature
,g
YI
State of Call fOrnl(a
County of Orange S aa:
On May 10th, 1978
therein, duly commissioned and sworn, personally appeared
FOR NOTARY SEAL OR STAMP
OFFICIAL SEAL
• ,3 `r DORIS M. FOWLER
♦ -.a, -
• '` �•NGT.OIty PUHL:C -.". r'_IFORNIA ♦
w Ni.J_j_i ly III
♦ PRI N'- P4L Orf ♦
♦ - G :^.WITY
o My Comrrission E.xpirSs Dac. 2, 1980
before me, a Notury Public in and for said County and State, residing
F. E. LEGPAND
known to me to be Attorney -m Fact of FIREMAN'S FUND INSURANCE COMPANY
the ',orporahoc do t,cnbeti in onoi that executed th, with,,- and foregornq tr,strurcent, and known to me to be the perste who exaou ied
'h. i iiq insfr_.ror, u i chit ni the _:i,d corn�r,ttn cn.9 i,, •�^'y �I. ._'^_ r • : u;... th.' amu.:h .-ov p,,ancn execu-cd •he
[M1 4' I'I'NESS WHFRF_�n r '.;�_ � d.r..,,.: ',y.a t, =t -t- 1 seai, d o -lay and year ntated in this ceruficaa abcve_
t �„
t.
My Co,amt-:Ston Fxpms a __.._ _ — '''
Notary Fubltc.
350212-6, 66 � A' C_ : •+ . _, 1 P -- _ __. � � I
"'•'act No. 6387--
Ptoject -- —_
•P, Own inlcuded in that shown on
Performance Bond.
BOND FOR IML'ROVF°^'NTS
(]TABOR AND MATERIALS)
WHEREAS, the City Council of the City of San Juan Capistrano, County of
Orange, State of California andFREDRICKS DEVELOPMENT CORPORATION whose
mailing address is 18 Brookho,low Dr OJt I
hereinafter designated as Principal, have entered into an agreement whereby
Principal agrees to install and complete certain designated improvements,
which said agreement dated May 5th , 19 78 , and identified
as (Subdivision Agreement for Tract No. 6381 ) (Project )
is hereby referred to and made a part hereof; and
WHEREAS, Under the terms of said agreement,'Principal is required before
entering upon the performance of the work, to file a good and sufficient
payment bond with the City of San Juan Capistrano to secure the claims to
which reference is made in Title 15 (commencing with Section 3082) of
Part 4 of Division 3 of the Civil Code of the State of California.
NOW, THEREFORE, said Principal and the undersigned as corporate Surety,
are held firmly bound unto the City of San Juan Capistrano, and all con-
tractors, subcontractors, laborers, materialmen and other persons employed
in the performance of the aforesaid agreement and referred to in the afore-
said Code of v' 1 procedure in the sum of Tw° 'Au1n1don six pyg5ed- Twenty -Eight -Thousan.
2,6�,2�0 OU o un red 6 No - -
Dollars ($ ), for materials furnished or labor thereon of any
kind, or for amounts due under the Unemployment Insurance Act with respect
to such work or labor, that said Surety will pay the same in an amount not
exceeding the amount hereinabove set forth, and also in case suit is brought
upon this bond, will pay, in addition to the face amount thereof, costs and
reasonable expenses and fees, including reasonable attorney's fees, incurred
by City in successfully enforcing such obligation, to be awarded and fixed
by the4.ourt, and to be taxed as costs and to be included in the judgment
therein rendered.
It is expressly stipulated and agreed that this bond shall inure to the
benefit of any and all persons, companies, and corporations entitled to
file claims under Title 15 (commencing with Section 3082) Part 4 of
Division 3 of the Civil Code, so as to give a right of action to them or
their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation
shall become null and void, otherwise it shall be and remain in full force
and effect.
The Surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the said agreement or the specifi-
cations accompanying the same shall in any manner affect its obligations
on this bond, and it does hereby waive notice of any such change, extension,
alteration, or addition.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on May 10th , 19 78 .
PRINCIPAL
FREDRICKS DEVELOPMENT CORPORATION
i
By
aue , -Vice - 'slc en ,
By
-JanIL>_S 17? i;�lii tO, mac, =c pry
Address oiSubdivider:
18 Brookhol.ivw Drive
Santa Ana, California 92705
SURETY
FIREMAN'S FUND INSURANCE COMPANY
Surety Name)
By
F. E. L(Attooney-in-Fact)
NOTE: AcknolwedcIumentts of execution by Principals and Surety must be
at.tacho'l. Fund must be attached to SubLIivisiun Agreement.
0 0
STATE OF CALIFORNIA 1
COUNTY OF— ORANGE —J SS.
e On May 10� 19J8- -_ 1 before me,
,I - the undrnicned. a Nwarr 1'ublir in and for said County and state,
'? personally appeared _ Wade Cable
known to me to Lr the Vice _.President,
La
mes_ D _Wh7 te_-_ known to me to he
o --
Serretary of the rnrporation that rxeruted the
B within lu•truuumt, knnwu I.t. in,• to hr the p, rvon, who r�erutrJ for
$ withiu Imh unirnt on behalf of the corp n.itian therein none I. ;unl
o` arknowledg'd to we that swh corporation exernted tilt. withiu
U instnnnent pnnu:nrt to its by-laws or a resolution of its board u(
dirrclon.
a
U Signature_
0
� u
State of Californja
ss:
County of Orange
FOR NOTARY SEAL OR STAMP
:♦e♦O♦O♦10♦•doo♦♦♦ee000♦rove♦e.
♦ OFFICIAL SEAL e
DORIS M. FOWLER
• 1:
NOTA7Y P !C ^tUFCRNIA
j r i'iLS _-P.�L ur h.CE IN
• ORAN,.- COUNTY a
My Commission Expires Dec. 2, 19130 e
On May 10th, 1978 , before me, a Notary Public in and for said County and State, residing
therein, duly commissioned and sworn, personally appeared F. E. LEGRAND
known to me to be Attorney -in -Fact of FIREMAN'S FUND INSURANCE COMPANY
the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed
the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, hand and-affixt-1 my official seal, the day and year stated in this certificate above.
ly
d,t t
My Commission Expires._ N
., ;• Notary Public -
'
360212-6-66
GENERAL
ATTOR or FIRE11-'S FUND INSURANCE C0,4NY
KNOW ALL MEN BY THESE PRESENTS:'It� I IIWWAN':; FUND INSFIHANt,'. COMPANT, r rlurabon duly orgunized and existing
urnfor Ihp how:. td Ih, it,i Ivrvmg ds prtucipnl e liwe in Iho Coly and County of San Francisco, in sold State, tins
urn l ... con:;ld.J,.d nod r plw arde.l, and duos by !hr':r pn•:;enls mak.• cnnstihllu and oppatnt
F. E. LECRAND, MARY A. JENNY
and FRANCIS C. JARVIS, JR.
jointly or severally
Its true and lawful Attorney(s)-in Fact, with lull power and authority hereby conferred to its name, place and stead, to execute, seal,
acknowledge and deliver any and all bonds, undertakings, recognizances or other written obliga-
tions in the nature thereof -----------------------------------------------------
and to hind the Corporation thereby as fully and to the .same extent as it such bonds were signed by the President, sealed with the
ewporale seal of the. Corporation and duly attested by its Secretary, hereby ratilying and confirming all that the said Altorney(s)-in.
Fact may do in the premises.
The, powrr of attorney e; granted I-un;urad to Article Wit, Section 30 and 311 of Ry -lows of FIREMAN'S FUND INSURANCE COMPANY
now in lull lore•• and eflect.
Anal✓ V11L .1 ...... lydm.nt end .turb.. it, nl iGnd. nt .l ssut.u,t S, rrrlarrrx, n,.A Jitnrere-in-Fail end aeents to ar«Yt Leval Proeass and Ata4e
.1ty„ rrmrrv.,.
naa 90 ri,,,..imnv.t. 7Tw Chaaman of the nand of Dao.o.n, the Pr.•vdnnt, any Vire-President or any other nonan aulhorixed by the Board
of Daectors, thn Ck,unyan of the Board of Da. tors, he i'romd,. el or ony Vet'.•-Pmadnnt. may. Iran time to time, apsaint Bes,dent Assistant Se"idanes and
Auorneysnml act to reprosem and ad for and on Lehalt of the (;.too anon and Agents ro a..co pt Inaal proeess and make appearanc.s Ion end on behalf of
the Corponrnon.
t!... 1,,11, 31..1 nrLwir a. Thu Awhonly of loch Nex,d,:nr Asstalara Sacratnn.<., Annnn,ys-,n.Fact. and Anenln Shall be as prescribed to the instrument
v,, I, . inn Nr«a .+; t++m.mcnL and r ny s... J, a".,erment and all amhonty wase, -d thereby may be re,ok,d at any time by the Board cl Daeclws ar
Ly uny I,non .-mlrowrr.d to mnk.; such or poinimem."
his p.,v,or of glar ... •y 1, :agru•d rutd e; nlcd undo r and by Iho nutbonly of the fo)lowinq Hosohition adopfcd by the Board of Deo,ctors
.A FIRFMAN S FUNIC IrMURANCF: CONMANY at i mer•t,ng duly called and held on the ISth day of July, 1`,66, and that sold Resolution
In not In•r •r, rum•ry Ld or n,Lr.nl. •rl.
"RESOLVED, that the signature of any Vice-Prendent, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and
the seal of ihis Corporalron may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on
ony certofirate adnhng thereto, by lacstruleand any power of attorney, any revecahcn cf any power of attorney, or certificate bearing
n", 11 fac;nnde :.ignature "r lace nolo sent ;hull I.o valid and binding upon the Corporation."
IN WITNESS W111:111:01', FIREMAN S FUND RJSURAIICE: COMPANY Lots caused these presen!s to be signed by its Vice -President,
ual on rr•,rfrrrnti• ::oal to be herounto infixed this 4th d•ty of
ti
�o
l
STATE OF CALIFORNIA,
ss.
CITY AND COUNTY OF SAN FRANCISCO
April 19 77__.
FIREMAN'S FUND INSURANCE COMPANY
Vice-Preadenl -
Uu this 4th day of- _ __ April _ 19_77__., before me personally come Wi111A _W.i LaUb€I`__—__—.
to in, known, wlio, bring by nn duly %worn, did do ;,one and sayIh,n he is Vice President of FIREMAN'S FUND INSURANCE COM-
1'At)Y. tLo Cort ornnon drscru,'I u, oma which exrcutcd the above inslrunr<•ni. that );e knows Iho seal of sold Corporation: their the
s.,d nlhx.•d br the :;nod n,:Aruu,r•nt is sr:ch corporate se(ol, that it wets so ollixed by order of the Board of Directors of sa,d Corporation
and ILnI I,r !,cued his m nor IL• r.•lo l,y like order.
IN WITNESS V. FIEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written.
Auutlumltxrtlnrlrn:rr+:nv.•IIIitt tar.r.xt:.axn
Ui 1 ICIAL S! %1.
SUSIE K. GliGEnT
ti i'i 35 kOTARY PUBLIC• CALffORtdIA = -- - - otary rublic
.•1, UEY G COUNTY OF :AN FRANUSCOCERTIFICATE
M My cornmied.n kapmu Nvr, 17, 1950
.•mnNrnnTAllrllO F CALIF Ixx INIt....No*'
STATE OF GALIFERtSY,,.
ea.
CITY AND COUNTY OF SAN FRANCISCO 111
1 :L, und, :;iln+•d, A:sr.trtul :. crvh1l) of F illF AN'S FUND INSURANCE COMPANY, a CALIFORNIA Corporation, DO HEREBY
r1IAllIFY Ih,it the, h•regou nt nn,l nuadrod PO" F'ii kW .ATTOHNEY t -•moons on hill lorry n,,d has not been revoked: and Iurthormore
p, a Ancck- VIII. Sr chuns 30 ...A 31 :A tho By.l.nvs ..I the Corporntuu,, and Ili.• Re.vohttion of the Board of Directors, set forth it, the
I'•.w.•r .,f At, .,ivy. we low ui foto,-
Signed and scaled at the City and County of San Francisco. Dated the 19th
day
oof_ ' A p r i 1 . 19 78
C.',1I i�,1i`?`yyi _.. _. �.• F�_l.� A blanc Sen. tory
JIGO'i46(N0I - - FF 111.76
SAN IUA':=AI'$-,'Pi.�NIA9zc79
Pi .',L.. 4", II:i
May 23, 1978
Fredricks Development Corporation
18 Brookhollow Drive
Santa Ana, California 92705
Re: Approval of Final Map, Tract 6381
Gentlemen:
At their meeting of May 17, 1978, the City Council
took unanimous action to approve the Final Map and the Sub-
division Agreement for Tract 6381, noting that all fees have been
paid, all conditions of approval met, and all bonds obtained.
The Subdivision Agreement has been sent to the
Recorder for recordation; a copy is enclosed for your files.
Thank you for your cooperation.
Very truly yours,
(AIRS) MARY ANN HANOVER
City Clerk
MAH/cj
Enclosure
cc: Director of Public Yorks
Ah
SAh
March 27, 1985
Fredericks Development Corp.
18 Brookhollow
Santa Ana, California 92705
Re: Bond #7116902, Tract 6381 (Stoneridge)
Gentlemen:
Please be advised that Faithful Performance Bond #71169°2
for Tract 6381 may now be released.
Yours very truly,
CITY OF SAN JUAN CAPISTRANO
�IXl
George M. Lohnes, Jr.
City Engineer
GML/CMB: o1 /
xc: Records Coordinator V
•
•
7. RESOLUTION, NOTICE. OF COMPLETION AND RELEASE OF
SURETY - TRACT 6381 AND HIGIILAND DRIVE (FREDRICKS)
✓{38) Written Communications:
(65) Report tiaecd c:overwer S, 1980, from the Director of Public
Works, advising that the public improvements for Tract 6381
and Highland Drive have been completed and requesting release
of bonds.
Ac_ cePtance of Work:
The following Resolution was adopted:
RESOLUTION NO. 80-11-5-6, COMPLETION OF PUBLIC
MPROVEMILNTS - TRACT 6381 AND HIGHLAND DRi':E - A
RESOLUTION OF THE CITY COUNCIL OF THE CIT_ OF SAN
JUAN CAPISTRANO, CALIFORNIA, DECLARING 1,OR< TO BE
COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE
CONSTRUCTION OF PUBLIC IMPROVEMENTS - TRACT 6381
AND HIGHLAND DRIVE (FREDRICKS)
The Resolution accepts the public improvements and directs the
City Clerk to forward the Notice of Completion to the County
Recorder within 10 days.
Release of Suretv:
.The following bonds from Fireman's Fund are to be released
Upon expiration of 35 days from recording of the Notice of
Completion:
Bond Amount
Labor i Material, No. 7116902 $1,866,200
MOnumentation, No. 7116888 7,200
The following bond from Fireman's Fund was extended to
-� November 5, 1981:
Faithful Performance, No. 7116902 $1,866,200
11/5/80
4
i 32900 PASEO ADELANTO,
} p
SAN JUjkN CAPISTRANO, CALIFORNIA 92675
s % f1
e�pNONE 499 .IM '
July 9, 1982
Fredricks Development Corporation
9 Brookhollow Drive
Santa Ana, California 92705
Re: Release of Grading Surety, Tract 6381
Gentlemen:
At their meeting of July 6, 1982, the City Council
took unanimous action in authorizing staff to release grading
bond No. 7116904 issued by Fireman's Fund Insurance Company in
the amount of $101,114 for Tract 6381.
If you have any questions, please don't hesitate to
call.
Very truly yours,
6
c 1el
MARY ANN /frANCIVER, CMC
City Clerk
MAH/na
cc: Director of Public Works