Loading...
1974-0807_FITZPATRICK , LEONA_AgreementA G R E E M E N T 0 THIS AGREEMENT is made this 19th day of April , 1978, by and between the City of San Juan Capistrano, hereinafter called "City" and Leona Fitzpatrick, hereinafter called "Developer." W I T N E S S E T H: WHEREAS, as conditions for the approval of a commercial building at 32072 Camino Capistrano, San Juan Capistrano, Calif- ornia, Developer is required to: 1. Dedicate rights-of-way for the ultimate enlargement of Camino Capistrano to a width of 104 feet; 2. Install complete street improvements for one-half of the said Camino Capistrano including street paving, curbs and gutters, sidewalks, and ornamental street lights; 3. Underground existing overhead utilities pursuant to the City's ordinance; and WHEREAS, the estimate of the aforesaid improvements is the sum of $5,000.00; and WHEREAS, an agreement dated August 21, 1976, between City and Developer, which contains conditions as stated hereinabove, said conditions not having been fulfilled because of design for the construction of Camino Capistrano; and WHEREAS, said construction of Camino Capistrano improvements is estimated to be accomplished by October 1, 1979. WHEREAS, Developer desires to defer the accomplishment of the aforesaid conditions until October 1, 1979. NOW, THEREFORE, in consideration of the premises and the mutual promises hereinafter set forth, City agrees that the afore- said conditions may be deferred until October 1, 1979, provided that: 1. Developer shall dedicate a right -of iway two (2) feet in width, along its frontage on Camino Capistrano, to the City of San Juan Capistrano in such form as shall be approved by the City Engineer and the City Attorney. 2. Developer shall construct and install the public improvements and shall otherwise comply with the conditions here- inabove set forth by October 1, 1979, and shall, as a guarantee thereof, post a good and sufficient performance bond in the minimum sum of $5,000.00. It is mutually agreed, improvements may be installed improvement and/or assessment gations hereinabove set forth if, prior to October 1, 1979, have been included in such an district. however, that the foregoing by and through an appropriate district. Therefore, the obli- shall be deemed to have been met the improvements required herein improvement and/or assessment IN WITNESS WHEREOF the parties hereto have executed this Agreement on the date first above written. ATTEST: TY CLERK APPROVED AS TO FORM: CITY OF SAN JUAN CAPISTRANO By KENNETH E. FRIESS, MAYOR DEVELOPER tJ,MES S. OKAZAKI, CIT TTORNEY STATE OF CALIFORNIA ss COUNTY OF ORANGE • si% On1978, before me, the undersigned, a Notary Public in and for said State, personally appeared Leona Fitzpatrick, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same. OFFICIAL SEAL VICTOR SANTINI NOTARY RUYIIC -CALIFORNIA Notary Public ORANGE COUNTY My comm. ecpirea A►R 1, 1981 -2- AGENDA ITEM October 3, 1979 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Exchange of Financial Surety, 32072 Camino Capistrano (Fitzpatrick) SITUATION The City of San Juan Capistrano was holding a bond in the amount of $5,000 for the construction of public improvements on Camino Capistrano for Leona Fitzpatrick, 32072 Camino Capistrano. Since the contract has been awarded and work has begun on the Camino Capistrano project, the City has received a check in the amount of $5,000 for the public improvements. Therefore, staff is requesting release of the bond in said amount. FINANCIAL CONSIDERATIONS The City will deposit the $5,000 check to offset the public improvements for the Camino Capistrano improvement district. ALTERNATE ACTIONS / 1. By motion, authorize staff to release the $5,000 bond from Leona Fitzpatrick, 32072 Camino Capistrano. 2. By motion, do not release the bond. 3. Request more information. RECOMMENDATION By motion, authorize staff to release the $5,000 bond from Leona Fitzpatrick, 32072 Camino Capistrano. Respectfully submitted, W. D. Murp ' WDM:GA/tw FOR CITY COUNCIL AGENDA C� • -�rF3 AGENDA ITEM April 21, 1976 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Extension of Agreement - Leona Fitzpatrick, For Street Improvements on Camino Capistrano SITUATION: An agreement, dated August 7, 1974, was made between the City of San Juan Capistrano and Mrs. Leona Fitzpatrick in which certain public improvements on Camino Capistrano were deferred until May 1, 1976, and a bond posted as a guarantee, in the amount of $5,000. The agreement date of May 1, 1976, is approaching and the design of Camino Capistrano is proceeding. It appears that two more years would be required before completion of the proposed improvements on Camino Capistrano would be realized, therefore, the agreement and bond should be renewed. FINANCIAL CONSIDERATIONS: Inspection, sewer connection and drainage fees in the amount of $802.00 were paid previously. ALTERNATE ACTIONS: 1. Renew the original agreement for a two year period, except that the bond amount shall be increased to $6,000, due to inflation. 2. Renew the original agreement for a two year period with a bond amount of $5,000. 3. Refer to Staff for further study. RECOMMENDATION: By motion, renew the agreement between Mrs. Leona Fitzpatrick and the City, authorize the Mayor to sign the agreement on behalf of the City, and require a $5,000 bond to be posted as a guarantee. Respectfully submitted, W. D. Mur by WDM:JN:rm Encl. o C,�,. �� ,,,.,.,�a :Wa. S�� 1g3 n1 `��+r L'V3L 'IC3fi X.rl a21LY14l'Y.YT'llEQ._ 03VII334 WESTERN SIA'' E 'Y RW MPA ( N4.�" CHICAGO - SIOUX Fr �''i. QAL- AS PALO'ALTO + VAL'LIMFL]AGE "LRLIDYYCCi,II:41S. L3`.'C..'.'1Y S,Y1A:.3? CONTINUATION CERTIFICATE In consideration of the sum of THIRTY SEVEN ANT) So/InnTHc;*****($'37-Sn********j Dollars, the Western Surety Company hereby continues in force Bond No. 224 08 93 in the sum of FIVE THOUSAND DOLLARS AND NO/100THS************************($5.000.00*****j Dollars, on behalf of Leona D. Fitzpatrick San Juan Capistrano, State of California of , N* for Street Improvements in favor of San Juan Capistrano, State of California for the term beginning on the 17th day of April 19 7.4, and ending on the 17th day of April 19 80 , subject to all the covenants and conditions of said Bond heretofore issued. ii This continuation is issued upon the express condition that the liability of the Western Surety Company under said Bond and this and all continuations thereof shall not be cumulative and shall in no event exceed the total sum above written. Dated this . 9th day of Fahr„ary 1979— WESTERN 979— WESTERN SURETY COMPANY i' By_ LaS't. See. Attorney in Fact THIS "ContitwatilM Ceniseats" MUST BE TILtD WITH THE ABOVE BOND w '- .a'; - atr. acmrzm�,.cv :N:.;mxazvxractis: cac:m _-.:.-.r ':. _^a.: --,..a .•-•,,.-*^.-.,.« c:� 0 99-Z[ pS9 aiignd AaeloN 61 ` asaaldxa UOTSSLwwoa Sjq •ualliam anoge Zsul aeaA pup Sep aql Ieas Ipiaigo SM paxige pup aweu Aw pagiaasgns olunaaaq aneq I `doaUaHA1 SSaiUTAI NI •aaaigo Bons se ;Iaswig Sq uoileaodaoa agl ;o aweu aql 2u1U2i9 .Sq pauiuluoa uiaaagl sasodand acil ao; ZUawnalsuc 2UIOiOJO; agl palnoaxa 'op o; os pamocilne 2uiaq 'aaaigo gans se aq lull; pup 'uoileaodaoa e `ANVdIIi00 ASMIS N2I3,LS3A1 aql ;o (1ae3-ue-SaR1041v jo anim Ie;also) .ZE K aql aq o; ;Iaswiq p02palmouHoe oqm paaeadde Aiieuosaad 'aaaigo pau2isaapun aql 'aw aao;aq 'FE 6I ' ;o .fppsigl up ;o AlunoO ss ` ( 30 3,LV.LS Amens 3o .Lx3woaa itAoxxov 1•iSE^r`a_TD 2�` �IIE�.SFSSjT pub P6n ' lua2y luapisay E[ AE[ A N v d YSi O O L 3 u R S 3 a AA _nnunnnmmeuumnemuu�uom�uoununns pau2isaaluno0 9L6I `Ll AeW SiO!dY3 uoissiwwo:j AW AINMD ACNH-lD tl1.Nvs riI 3J13�Q 'ltldlf'�INd z ; IEdtaQiad tlINN0dI-1VO — JI"7Md ABtllON x0iz E qi3 Q euo 7 NN319 311139 -VL- 61 ' ;o Sep still palpa •loaga pup aoao; IIn; ui uiewaa of aSl. aglo 'pion aq Ilegs uoile2i1go sigl uagl `Ioualuoa gans ui ao; paptnoad alaom aql ;o uoilnoasoad aql ui Iuiaalew ao aogel 2UTAIddns suosaad IIu Aud .Slldwoad Ileqs pup ;oaaagl spoil -ipuoa pup suual aqg I ;o Sup ;o auaaq aql woa; 2uilinsaa 'ssol Sup woa; aa2i1 re gO as aqw l Spuaput pup laealuoa pies uuojaad AIInlgliu3 Begs p:diauiad pips aql 3t 1pgl 'clans si uoile2i1go sial ;o uoilipuoo aqI `32i0332I3HS MON ;oaaaq laud u apew pup of pa.ua;aa .Sgaaaq aau sUOileJgcaads pup laealuoa gaigm • (oueaqszdeo ouiuleD ZLZZE 'Agaadoad Nc)Tagedz4TJ) 69Z1 '4OeJ1 'i ''407 '4ualIIGA0aaUll gaa.z-4S zo.T X[` 6I So App aql palup aa2ilgO agl Iilim Iaealuoo ualliam u olui paaalua suq Iudiouiad agl 'Sv32I3HA1 •sluasazd asagl Aq saAlaswagl putq AlaanS pup Iediauiad pies ZuawAed gaigm ao; `Slivzzoa (--60 00 0 S $)-------------------------- ;o wns agI UI 'aa2tig0 aql Pailua sal;euiaaaq olun punoq Alwag pup plaq aae 'AlaanS se 'uopeaodaoa e 'ANddWOD AiaafIs N2i3,LS3A1 am pup 'Iudiouud se I e , 3o a;e;s aql ;o 'am lugl L H U V -Z -Z 'ON aNOEI :SILNSSaUd 3S3HS AE[ NaW TIH A10N}I GN V ,II f1vCIMOU JLDvU.LmOD W k' I' N d S vat o,nnirAa viae r• at .�U Ali ld owd sv xnwn; • `s nw� xr Ols • oovolHo 03ni3 VdW03 Ala H!n,`5YNN31S3M oil I�I i' Q C A -- -- -- b - r CL I .ter no P4 Z uo o N u° � Q wLU R w ro G u~i o w i S21,00 Pf SEO ADELANTO SAN JUAN CAPISTRANO, CALIF6P:4tA 92675 fHOhC 4931 September 13, 1979 Mrs. Leona Fitzpatrick 32072 Camino Capistrano San Juan Capistrano, CA 92675 Dear Mrs. Fitzpatrick_: SUBJECT: Camino Capistrano Improvement The agreement between you and the City of San Juan Capistrano for public improvements on Camino Capistrano will expire October 1, 1979. A bond in the amount of $5,000 is in effect until April 17, 1980. This bond is a surety device for the installation of curb, gutter, sidewalks and paving along the frontage of your premises. As a result of the contract award for the improvement of Camino Capistrano, the City of San Juan Capistrano is requesting a deposit in the amount of $5,000. A cost breakdown for the items of work are as follows: Curb & Gutter $ 950 Asphalt & Aggregate Base 1,975 Sidewalk 1,350 Driveway Approach 450 Design & Inspection 275 Total $5,000 If a cash deposit in the amount of $5,000 is not received within 30 days, the City will call for bond in said amount. If you have any questions, please contact me. Very truly yours, CITY OF SAN JUAN CAPISTP,ANO George Associate Civil Engineer GA/tw / cc City Clerk ✓ • MEMORANDUM 11 TO: City Clerk FROM: Records Clerk DATE: February 2, 1979 SUBJECT: Bond required by City (Fitzpatrick) On April 19, 1978, the City Council approved an agreement between the City and Leona Fitzpatrick to extend the time for completion of improvements on Camino Capistrano until October 1, 1979. The bond that was received by the City will expire on April 17, 1979 and a new bond will have to be received that is valid until October 1, 1979. v�or aeric ; c: • `]L.CC PASEO AOCLANrO- SANJ N'APISTRANO, CALIFO RNIA 92673 •� Vb'NC 69}3 t t 7v April 21, 1978 Mrs. Leona Fitzpatrick 32072 Camino Capistrano San Juan Capistrano, California 92675 He: Extension of Agreement for Public Improvements Dear MrsFI-G�patrick: _ At their meeting of April 19, 1978, the City Council approved the extension of the agreement for public improvements for the property at 32072 Camino Capistrano to October 1, 1979. Enclosed are the original and one copy of the Agreement. Please execute both copies and return the original copy and a bond in the amount of 55,000 to this office. Also, please note that your signature must be notarized. Thank you for your cooperation. Very truly yours, (tMS) ATAR/ ANN HANOVER City Clerk MAIi/c j Enclosures Cc: Director of Public Corks U"02121002101 THIS AGREEMENT is made this 21st day of April r 1976, by and between the City of San Juan Capistrano, hereinafter called "City" and Leona Fitzpatrick, hereinafter called "Developer." WITNESSETH: / WHEREAS, as conditions for the approval of a commercial building at 32072 Camino Capistrano, San Juan Capistrano, California, Developer is required to: 1. Dedicate rights-of-way for the ultimate enlargement of Camino Capistrano to a width of 104 feet; 2. Install complete street improvements for one-half of the said Camino Capistrano including street paving, curbs and gutters, sidewalks, and ornamental street lights; 3. Underground existing overhead utilities pursuant to the City's ordinance; and WHEREAS, the estimate of the aforesaid improvements is the sum of $5,000.00; and WHEREAS, an agreement dated August 7, 1974, between City and Developer, which contains conditions as stated hereinabove, said conditions not having been fulfilled because of design studies for the construction of Camino Capistrano; and WHEREAS, said construction of Camino Capistrano improvements is estimated to be accomplished by May 1,1978; and WHEREAS, Developer desires to defer the accomplishment of the aforesaid conditions until May 1, 1978. NOW, THEREFORE, in consideration of the premises and the mutual promises hereinafter set forth, City agrees that the afore- said conditions may be deferred until May 1, 1978, provided that: 1. Developer shall dedicate a right-of-way two (2) feet in width, along its frontage on Camino Capistrano, to the City of San Juan Capistrano in such form as shall be approved by the City Engineer and the City Attorney. 2. Developer shall construct and install the public improvements and shall otherwise comply with the conditions herein- above set forth by May 1, 1978, and shall, as a guarantee thereof, post a good and sufficient performance bond in the minimum sum of $5,000.00. 0 0 It is mutually agreed, however, that the foregoing improvements may be installed by and through an appropriate im- provement and/or assessment district. Therefore, the obligations hereinabove set forth shall be deemed to have been met if, prior to May 1, 1978, the improvements required herein have been included in such an improvement and/or assessment district. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the date first above written. ATTEST: CITY OF SAN JUAN CAPISTRANO B ,City L_S,!C� erMayo STATE OF CALIFORNIA) ss COUNTY OF ORANGE ) , On �Lf� 76 before me, the undersigned, a Notary Public /L in and for said State, personally appeared LEONA FITZPATRICK, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same. � N /ta , Notary Public M ♦eeeo♦lweeoeeeseeeeeesee♦eee • OFFICIAL SEAL VICTOR SANTINI i NOTARYPU9LIC-CALIf-ORNIA ✓q �/ PRINCIPAL OFFICE IN ORANGE COUNTY My Cemmisslon Expires April 1, 1977 41 e��e♦eo�..>0000soaeeeeeeeeeee♦ -2- i rmmm*^•.+....+.••+^•••� mx .mc*m^ s vm.ry,wmrasua,emcsmzr�mv WESTER I�h„ _ E COMPANY 1Y oae44 PALO CONTINUATION CERTIFICATE In consideration of the sum of Thirt' the Western Surety Company hereby contir ---------Five Thousand and no on behalf of Leona D. Fitzpatrick of the City of San Juan Seven and 50/100-- 5 in force Bond No. 224089 nn----------------- QXtor street improvements in favor of the City- of San Juan Capistrano, California r'r, (1i i. ,i .i -5 •amu ----- ) Dollars, l in the sum of -� ,000.00---) Dollars, til for the term beginning on the 17th day of April , 1916, and ending on the 17th day of April , 19�77 , subject to all the covenants and conditions of said Bond heretofore issued This continuation is issued upon the express condition that the liability of the Western Surety Company under said Bond and this and all continuations thereof shall not be cumulative and shall in no event exceed the total sum above written. Dated this 14+-h day of July 1976. WESTERN SURETY COMPANY L. Mydland, ssistant oretary'°' tt�ey in act THIS "Continuation Certificate" MUST BE FILED WITH THO ABOVE BOND b i r• 3Z400 PASEO`ADELAN TOe SAN JUAN CAPISTRANO, CALIFORNIA 92675 i 1 - �' `PHONE 99]•117} June 30, 1976 Mr. L. N. McKenzie Vice President Western Surety Company 537 Hamilton Avenue Palo Alto, California 94302 Re: Fitzpatrick Bond for Camino Capistrano Improvements, Your File No. CRF 4735 Dear Mr. McKenzie: There seems to be some misunderstanding with regard to the application for a bond requested by the Allen Paderews i Agency on behalf of Leona D. Fitzpatrick. Mrs. Fitzpatri( as requested that I attempt to clear up the matter. I am enclosing a copy of the fully -executed Agreement dated April 21, 1976, between the City and Leona Fitzpatrick for your information. I am also enclosing a copy of the previous agreement and a copy of the previous bond issued by your Company for this same project. The confusion probably arises from the fact that Mrs. Fitzpatrick is referred to as the "Developer" in the Agreement. The Agreement extends the deferral of the requirement for street improvements to Camino Capistrano until May 1, .1.978, and requires the posting of a $5,000 bond to insure that the future improvements will be funded. In other words, Mrs. Fitzpatrick will be required to participate in a future assess- ment district at such time a district is formed for the purpose of installing the street improvements, but she will not be doing the actual construction work. Western Surety Comp'S"ny • Page Two June 30, 1976 Keeping the above information in mind, I will attempt to answer the questions set forth in your letter of June 10, 1976, addressed to the Allen Paderewski Agency, as follows: 1. How long will it take to complete the work? (Approximately 3 years after commencement.) 2. What is the approximate value of the improvements being made'? (As set forth in the Agreement, $5,000.) 3. Will the applicant be doing the work? (No.) 4. If not, will the contractor doing the work provide a board to the applicant? ' (No. The contractor will provide bonds to the City for labor, materials, faithful performance.) Since this improvement district has not been formed, a contract for the work has not been awarded; and, therefore, I am returning your Contractor Information questionnaires. You also requested receipt of the correct address of Home Federal Savings & Loan. The address is as follows: 32039 Camino Capistrano, San Juan Capistrano, California 92675. I hope the above information will assist you in issuing a new bond to Mrs. Fitzpatrick for this future street improvement project. Your cooperation will be appreciated. Very truly yours, i (MRS) MART ANN HANOVER City Clerk MH/m Enclosures cc: Leona D. Fitzpatrick Allen Paderewski Agency Jim Neville, Public Works Department {/,4 a' -k'c t. `_9e :W' Y �'A'-iR 'h L-l':Ye_Yt Yf JC-Wf-Y[t A ,�-tgyJLm �9jQ: G%%11�P�iirt �ute� �o�m1ur�vrd�. y 537 HAMILTON AVENUE • PALO ALTO, CALIFORNIA 94302 PHONE 415/326-9200 • JOE KIRBY, PRESIDENT EVERYTHING IS ANSWERED THE DAY WE RECEIVE IT ALSO WE ARE OPEN SATURDAY MORNINGS IN CASE BOND PROBLEMS COME UP June 10, 1976 Allen Paderewski Agency P. O. Box 7 San Juan Capistrano, CA 92675 Re: CRF #4735 Leona D. Fitzpatrick DBA Capistrano Valley Realty San Juan Capistrano, CA Gentlemen: Thank you for sending us this application. There is additional information which we need in order to consider contract bonds; most of which can be furnished to us by correspondence. Then, if necessary, we will have our representative, Ron Mixer investigate further. We are enclosing a Contractor's Information Sheet for completion. Please be sure that all questions are answered and those that do not apply should be noted accordingly. Additional information which we should have about this job is: 1. How long will it take to complete the work? 2. What is the approximate value of the improvements being made? 3. Will the applicant be doing thexork? 4. If not, will the contractor doing the work provide a bond to the applicant? , Your request will then receive prompt attention. Yours very truly, L. N. McKenzie Vice President LNMCK/co Enclosure P. S. --Would you please advise us as to the correct address of the Home Federal Savings & Loan in San Juan Capistrano. .I 46 AGREEMENT THIS AGREEMENT is made this 7th day of August 1974, bey and between the City of San Juan Uapistrano, ereina ter called 'City," and Leona Fitzpatrick, hereinafter called "Developer." WITNESSETH: WHEREAS, as conditions for the approval of a commercial building at 32072 Camino Capistrano, San Juan Capistrano, California, Developer is required to: 1. Dedicate rights-of-way for the ultimate enlarge- ment of Camino Capistrano to a width of 104 feet; 2. Install complete street improvements for one-half of the said Camino Capistrano including street paving, curbs and gutters, sidewalks, and ornamental street lights; 3. Underground existing overhead utilities pursuant to the City's ordinance; and WHEREAS, the estimate of the aforesaid improvements is the sum of $5,000.00; and WHEREAS, Developer desires to defer the accomplishment of the aforesaid conditions until May 1, 1976. NOW, THEREFORE, in consideration of the premises and the mutual promises hereinafter set forth, City agrees that the afore- said conditions may be deferred until May 1, 1976, provided that: 1. Developer shall dedicate a right-of-way two (2) feet in width, along its frontage on Camino Capistrano, to the City of San Juan Capistrano in such form as shall be approved by the City Engineer and the City Attorney. 2. Developer shall construct and install the public improvements and shall otherwise comply with the conditions hereinabove set forth by May 1, 1976, and shall, as a guarantee thereof, post a good and sufficient performance bond in the minimum sum of $5,000.00. It is mutually agreed, however, that the foregoing improvements may be installed by and through an appropriate im- provement and/or assessment district. Therefore, the obligations • hereinabove set forth shall be deemed to have been met if, prior to May 1, 1976, the improvements required herein have been included in such an improvement and/or assessment district. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the date first above written. ATTEST: C C e t CITY OF SAN JUAN CAPISTRANO B : Mayo DEVELOPER STATE OF CALIFORNIA) ss. COUNTY OF ORANGE ) On , before me, the undersigned, a Notary Public fn and for said State, personally appeared LEONA FITZPATRICK, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same. otary Public _2_ OFFICIAL SEAL MARY ANN HANOVER NOTARYPUBLIC-CALIFORNIA LOS ANGELES COUNTY MyCommissian Expires Apr.5, 197E 16 Stallion Road, Palos Verdes Peninsula, CA. 9027v r rva ^c i t ki :.a e ----- 1 VV E STE__ R N 51 U R E T Y C O M PAfq'��CEIVED ONS a/ 47;:eb.rca ;y Ola'cdl �crlcti'suy C�e.;�l af�le PR (1 P 1111 '7q CHICAGO • SIOUX FALL, DALLAS lslT•J OF PALO AUTO • BALA-CYNIVYD, PA. CITY I SAN fi''�{el "! CC)INTRACT BBN CAPS;7 I f%c� �tl'nl _ KNOW ALL MEN BY THESE PRESENTS: BOND No. 2240813—� That we, _Lenna II- F_itZ.patriCk of tile _Cit _O.f___S an T tan CaPdStr_anQ , State of Czlifnrnin —, as Principal, and the WESTERN SURETY COMPANY, a corporation, as Surely, are held and firmly bound unto—the._C-it.y _pi_San-Zuan—CaplS t ran o,_C'a1i [ornia_, hereinafter called the Obligee, in the sum of FTVF mHOiISAVIZIZNQ�10_0_ -----------------------ig 5,000.00 ) DOLLARS, for which payment said Principal and Surety bind themselves by these presents. WHEREAS, the Principal has entered into a written contract with the Obligee dated the day of , i9_, Ycx for Street Improvement, Lot 1, Tract 1269 (Fitzpatrick Property, 32172 Camino Capistrano). which contract and specifications are hereby referred to and made a part hereof NOW THEREFORE, the condition of this obligation is such, that if the said Principal shall faithfully perform said contract and indemnify the said Obligee from any loss, resulting from the breach of any of the terms and condi- tions thereof and shall promptly pay all persons supplying labor or material in the prosecution of the work provided for in such contract, then this obligation shall be void, otherwise to remain in full force and effect. Dated this 1 7+h _day of Apri 1 Ig 7-4— cn11111rwm](e: ]]i::,:,]l:]: f!]]]Il:If 1111011,OI,IR i uRE.M.r GLENN - Le—D,_Fitzpa rick -It \OT.4R1' UdL!C — C,\L!FORNIA - Principal SANTA CL RA COUNTY BY c 141 My Commi:sion Expires Ahy 17, 1976 Countersigned Guuuunnwnlln,unl,uuslnr,,:]„Ilnullnlnal W E V E S U R E T '� C O hl P A N Y/-2 - By Resident Agent \ IIy Cf f / g L. Hydlard ;.sslstar� Svcre`a:y ACKNOWLEDGMENT OF SURETY STATE OF QALIE.QRNTAA ss County of AI��T�L.CIT,RA _ On this 17_t L—day of _--Apri 1 - _, 192A, before me, the undersigned officer, personally appeared_T.-Mydland who acknowledged himself to be the _ASS t.__SCCr_Ct lrY__ 10C,cu1 Tul± or Ath+rnq-In-F'actl of the WESTERN SURETY COMPANY, a corporation, and that lie as such officer, being authorized so to do, executed the foregoing instuumenl for the purposes therein contained by signing the name of the cotporatial: by himself as such officer, IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above written. My commission expires 'z Nc:ary Public WELPUTT AND OKAZP*CE`VE''D JAMES S. OKAZAKI ATTORNEYS AT LAW ' '1a AREA CODE 714 �L KEITH WELPUTT SECURITY PACIFIC BANK BIT y.0 G1 , "•' �� TELEPHONE 547-1656 HBB NORTH MAIN STREET, SUI 05 SANTA ANA, CALIFORN IA 92701 CST V1 l•1 {j '� July 31, 1974 CAA4�STRrIa�3 Leona Fitzpatrick Capistrano Valley Realty 31501 Camino Capistrano San Juan Capistrano, California 92675 Re: Agreement Dear Mrs. Fitzpatrick: As you know, staff has been requested by Councilman Heckscher to revise your agreement relating to improvements on Camino Capistrano. Actually, the only objections that were made pertained to the apparent ambiguity in the last paragraph relat- ing to the improvement district. We have, accordingly, revised the entire agreement in such a manner as to satisfy the Council- man. You will see that the revisions are basically as to form only and that the agreement is the same as the original. Therefore, if the document meets with your approval, we would appreciate your signing the original and sending it to George Madsen at City Hall. We appreciate your patience and cooperation. Very truly yours, WELPUTT & OKAZAKI By tl[1¢G d b}Ca aures S. O aza JSO:ji Enclosures cc: Director of Public Works - FOR CITY COUNCIL ................................. ...:. ..:./.,..Z.... ............... AGENDA %� W000ilDC/KUROTA 6 Assocurts.INC. MEMORANDUM JULY 17, 1974 TO: W. D. MURPHY, PUBLIC WORKS DIRECTOR FROM: CITY ENGINEER'S OFFICE SUBJECT: AGREEMENT WITH LEONA FITZPATRICK TO POST BOND FOR STREET IMPROVEMENTS ON CAMINO CAPISTRANO SITUATION: ON JANUARY 7, 1974 THE COUNCIL AUTHORIZED THE PUBLIC WORKS DIRECTOR TO "MODIFY THE PLANS TO PROVIDE FOR TEMPORARY IMPROVEMENTS AND TO REQUIRE A BOND FOR FUTURE IMPROVEMENTS IN AN AMOUNT TO BE DETERMINED BY THE CITY ENGINEER°. THE TEMPORARY IMPROVEMENTS ARE IN, LEONA FITZPATRICK HAS FURNISHED A $5,000 BOND AND HAS SIGNED THE ATTACHED AGREEMENT. ALTERNATE ACTION: 1. HOLD FOR ADDITIONAL INFORMATION. 2. ACCEPT THE BOND, APPROVE THE AGREEMENT AND AUTHORIZE THE CLERK AND MAYOR TO SIGN THE AGREEMENT. RECOMMENDATION: BY MOTION ACCEPT THE BOND AND APPROVE THE AGREEMENT AND AUTHORIZE THE CLERK AND MAYOR TO SIGN THE AGREEMENT. RESPECTFULLY SUBMITTED, JACK Y. KUBOTTA, CITY ENGINEER REVIEWED BY\J�� BY W. D. MURPHY' GEORGE MADSEN PUBLIC WORKS DIRECTOR SENIO PROJECT ENGINEER FOR CITY COUNCIL ............................. 7 ..............AGENDA .. _ yam_...:_ :..- . . ,.. __.w __..a... _...... _ �..Y.,.�..5u__..�,..._ __ ... .::........�.,........_.._.., Alc ... t No.221 4598 1 Ap 9049 F' F C' "1`? 41 !.. I �f :W tinilu:d� mT 1111111 i Pay 5000.00 i 10 aha 1 °M.,of CITY OF SPIV JUAN CAPIST=10 i i v ns.C"..'.6E 1 1' 12 2 2-0 0 1, 9t' 6 2 5 9 i 4 &B el" CASHIER'S CHECK Serving California GALLERY OF HOMES, REALTORS 7iu 7„OMes7 32072 CAMINO CAFISTRANO SAN JUAN CAi9F .1'1UANO, CALIFORNIA 92675 714493.1124 TO GEORGE ALVAREZ DATE September 25, 1979 City of San Juan Capistrano 32400 Paseo Adelanto SUBJECT Street Improvement San Juan Capistrano, Ca. Dear Mr. Alvarez: Enclosed please find a cashier's check in the amount of $5,000 as requested in your letter of ,September 13. I believe this concludes my obligation for the street improvement. Sincerely, Leona Fitzpatrick, Realtor Brach Salk Clrtu,vtc • Marla Point Laguna Ik.,, 6 1 32400 PASEO ADELANTO SAN JUAN CAPISTRANO. CALIFORNIA 92675 PHONE 493-1171 October 5, 1979 Mrs. Leona,Fitzpatrick 32072 Camino Capistrano San Juan Capistrano, California 92675 Re: Exchange of Financial Surety Dear Mrs. Fitzpatrick: At their meeting of October 3, 1979, the City Council authorized release of the $5,000 street improvement bond from Western Surety Company, Bond No. 2240893, and accepted the Cashier's Check in the amount of $5,000 for the improvements at 32072 Camino Capistrano. Thank you for your cooperation in this matter. Very truly yours, (MRS) MAIL ANN HANOVER City Clerk MAH/cj cc: Western Surety Company Director of Public Works 32400 PASEO ADELANTO SAN JVAIN CAPISTRANO. CALIFORNIA' 92675 sPHONE ' , . 1 . �" Yk 1171 March 7, 1979 Mrs. Leona Fitzpatrick 32072 Camino Capistrano San Juan Capistrano, California 92675 Re: Bond for Camino Capistrano Improvements Dear Leona: The bond we have on file, in accordance with the April 19, 1978, Agreement for public improvements, will expire on April 17, 1979. it will be appreciated if you will submit a new bond to be in effect until October 1, 1979, which is the expiration date of the Agreement. Thank you for your cooperation. Very truly yours, (MRS) MAR AlW*N HANOVER City Clerk MAH/cd cc: Director of Public Works 32400 PASO AOLLANTO SAN EVAN C:APISTRANO. CAI.IFORNIA 92675 PHONC 693.1171 June 14, 1978 Mrs. Leena Fitzpatrick 32072 Camino Capistrano San Juan Capistrano, California 92675 Re: Extension of Agreement for Public Improvements Dear Mrs. Fitzpatrick: Enclosed is a copy of a letter gated April 21, 1978, forwarding the original and one copy of a -z Agreement which extends the term of the Agreement for Public Improvements. We have as yet received neither the executed original copy of the Agreement, nor the bond in the amount of 85,000. It would be appreciated if you would return the Agreement and the bond to this office as soon as possible so that our files may be completed. Thank you for your cooperation. Very truly yours, (MRS) MARY ANN HANOVER City Clerk MAH/cj Enclosure 6/l C-/ 7'? +'' "" (')Cal c� %� ; lel/<' ��CILJl . l?<!/ll/.�i%lL•ll�• ]2{{000 PASEO AOELAT 'NO - SAN JJ N'&PISTRANO,CALIFORNIA 92673 ,•�H�ON C'G9�1117�'+ I �a April 21, 1978 Pl"s. Leona Fitzpatrick 32072 Camino Capistrano San Juan Capistrano, California 92675 He: Extension of Agreement for Public Improvements Dear Mrs FTf5'patrick- i At their meeting of April 19, 1978, the City Council approved the extension of the agreement for public improvements `.o= the property at 32072 Camino Capistrano to October 1, 1979. Enclosed are the original and one copy of the Agreement. Please execute both copies and return the original copy and a bond in the amount of $5,000 to this office. Also, please note that your signature must be notarized. Thank you for your cooperation. Very truly yours, (MRS) MARYNN HANOVER City Clerk MAH/cj Enclosures cc: Director of Public Works April 21, Mrs. Leona Fitzpatrick 32072 Camino Capistrano San Juan Capistrano, California 92675 Extension of Agreement for Public Improvements Dear b4rs, zpatrick: _ At their meeting of April 19, 1978, the City Council approved the extension of the agreement for public improvements for the property at 32072 Camino Capistrano to October 1, 1979. Enclosed are the original and one copy of the Agreement. Please execute both copies and return the original copy and a bond in the amount of $5,000 to this office. Also, please note that your signature must be notarized. Thank you for your cooperation. Very truly yours, (MRS) MARL ANN HANOVER City Clerk Enclosures Director of Public Works �llww z'lLl1Q �F i ]^.d 00 PA5F.0 AD [L.A H76� 1 SAN lUR': CpPiSTRAN O,CA LIFOFNi 92675 �HONH 491.117) _ April 23, 1976 Mrs. Leona Fitzpatrick Capistrano Valley Realty 32072 Camino Capistrano San Juan Capistrano, California 92675 Re: Extension of Agreement for Street Improvements - 32072 Camino Capistrano Dear Leona: Enclosed are the original and one copy of the Agreement approved by the City Council on April 21, 1976, extending the deferral of the requirement for public improvements to Camino Capistrano until May 1, 1978. The Agreement requires the posting of a new bond in the amount of $5,000. If you will sign both copies of the Agreement and return them to this office with the new bond, a fully -executed copy of the Agreement will be forwarded to you for your files. Thank you for your cooperation. Very truly yours, cl (MRS) MARY ANN HANOVER City Clerk MH/m Enclosures cc: Director of Public Works 3yG 00 PASHO'A06LAN� SAN JUAN �CAPISTRANO,CAL.,FOAN �1 NONF C9)•j17 G j July 16, 1976 Mrs. Leona Fitzpatrick Capistrano Valley Realty 32072 Camino Capistrano San Juan Capistrano, California 92675 Dear Leona: 92675 The Continuation Certificate for your Bond No. 2240893 with American Surety Company was delivered today. Enclosed herewith is your fully -executed copy of the Agreement for Street Improvements at 32072 Camino Capistrano and a copy of the bond Certificate for your files. Very truly yours, (MRS) MAY ANN HANOVER City Clerk mh Enclosures cc: Public Works