1985-0901_PACIFIC COAST DEVELOPMENT_Development AgreementAGENDA ITEM
TO: Stephen B. Julian, City Manager
FROM: John R. Shaw, City Attorney
a
September 3, 1985
SUBJECT: Declaration of Default/Pacific Coast Development-
Amwest Surety Company
SITUATION:
Under a Development Agreement executed between City and Pacific Coast
Development, the developer was to have completed certain described
improvements on September 1, 1985. The improvements are described
in item 3, Exhibit A, to the Development Agreement. (See Attachment).
The Building Division has reported that these improvements have not
been completed as of the September 1, 1985 deadline. Therefore, it
is requested that the City Council declare a default in the agreement
and authorize the City Attorney to make a demand upon Amwest Surety
Company for performance under the defaulted agreement.
COMMISSION/BOARD REVIEW, RECOMMENDATIONS:
Not applicable.
FINANCIAL CONSIDERATIONS:
Not applicable.
ALTERNATE ACTIONS:
1. Declare a default and authorize City Attorney to make demand on
Amwest Surety Company.
2. Continue matter.
RECOMMENDATION:
Adopt a resolution declaring default and authorize City Attorney to
make demand on Amwest Surety Company.
submitted,
N R. SHAW
y Attorney
JIZS : e f
Attachment
FOR CITY COUNCIL AGENDA � ��.•
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of San Juan Capistrano
Office of the City Clerk
32400 Paseo Adelanto
San Juan.Capistrano•, Ca. 92675
DEVELOPMENT AGREEMENT
THIS AGREEMENT is made by and between the City of
San Juan Capistranor a municipal corporation, hereinafter
referred to. as. 'City' and Pacific Coast. Development Company,
hereinafter referred to as "Developer~.
WITNESSSTHz
WHEREAS., city. -has: issued gradinq.permit #0191.-G
to Developer to coisstruct certain designated improvements,
more particularly described in=Exhibit "A` attached and.
incorporated hereia by reference,. which said
improvements constitute a portion of a office -commercial
complex at the location of 27321 Ortega Highway and
WHEREAS, San Juan Capistrano Municipal. Code 8-3.10(a)
requires the posting of financial. security to secure the `
faithful performance and.labor and materials for the
installation of improvements connected with the issuance
of building permits.
NOWO THEREFORE, in consideration of the premises and
promises' hereinafter contained City and Developer agree -as
follows.-
1.
ollows.
1. Developer's Improvements.Obliaations. Developer shall,
at. its sole cost and expense, provide and furnish all.labor,
materials and equipment for the installation of improvements
set forth in Exhibit "'A". The grading permit and Architectural
plans which further define the improvements in'Exhibit A are on
file in the office of the City's Building Official, and are
incorporated herein by reference. The Building Inspector
shall detarmine the estimated costs of said improvements to be_
used for the security required herein.
2. Developer fee. Developer agrees to pay the administrative
fee of $500.00 Incurred -by City in requiring this agreement.
3. Developer's Securit . Developer shall provide to
City a bond y a duly authorized corRgjate_snrety,.subject top
the approval of City's City Attorney, to secure Developer's YV
improvement obligations required under this agreement.
The amount of the bond shall be $13`x.,000.00. The bond shall
provide that the Surety shall pay attorney's fees incurred by City
in enforcing the development agreement and Surety Bond.
4. Timeframe for Completion of Improvements.
Improvements described as items 1 and 2 in Exhibit A shall
be completed on or before January -t 31, 1985, the remaining work
described in item 3, shall be completed on or before 'Sept 11 85.
S. Developer Default. In the event Developer does not c
plete the req = ed improvements within the time required, or
abandons the project site during the term of this agreement,
City shall have the right to immediately declare a default and
to make demand on. the surety for performance.
6. Attorney's Fees. Developer 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 agreement, and such sum -shall
be made a. part of any judgment in such action against the developer
if such.. action is determined is favor of said City.
7. Develo r's: Work in Safe Condition. Developer shall
perform a.1 work is a safe worxmanlixe manner and shall take such
precautions as may be necessary to warn and protect the public
from any dangerous conditiorn caused by the construction of said
improvements.,
R. Liability. Developer shall hold City.,, its officers
and employees harmlessfrom: any and all claims,. demands, causes
of action, liability or loss of any -sort because of, or arising
out of,.the acts:or omissions of the Developer, his contractor,
sub -contractors, agents or employees in the performance of this
agreement: .
In Witness Whereof, the parties haveexecuted this agreement
as of 1984 at San Juan Capistrano, California.
EXHIBIT A
(PACIFIC COAST IMPROVEMENTS)
Item l: Completion of all retaining walls presently under
construction in accordance with, and to comply with
requirements of Developer's Engineer's "Precise
Grading Plan", sheets 1, 2, and 3 approved, and more
specifically with.Sheet 2, Revision 4, dated August 1984,
and supporting documents (profiles, etc.)
Item 2: New constructionof all foundations, footings, and retaining
wall of a portion of the easterly building (building 2) on
the property in accordance with the approved architectural .
plans:, and more specifically described on structural sheets
S=4 and 5=5, from and including column a-2, northerly then
easterly tc and: including Column A-12, including all
connections tc the retaining walls described in item L
above, complete with all reinforcing steel, backfilling,
drainage devices and other appurtenances required on said
design and construction drawings.
Item 3: Completion of all on-site grading- and improvements per
approved precise grading.plans including utility relocations
interfaces with public streets and other appurtenances such
as traffic lights; removal of excess earth;: compliance with
landscaping plans and requirements; and -construction of
curbs, gutters, parking facilities, and other on-site im-
provements.
By:
City of San Juan Capistrano
By:
DOA(glas F. Blankenship
Coast
By:
Company
State of __Cali erns a �� On this the 8th day of November 19_$4;, before me,
County of Orange Ofet_ia M_ Lonea —.
theunderaigned Notary Public, personally appeared
David Johnson
State of California Onthiethe
R t h day of uoyGIIf�Gi 19-U before me,
e
County of Oran 4 st Ofelia M. Lopez -
the undersigned Notary Public, personally appeared
IS Personally Krown_to
STATE OF CALIFORNIA
COUNTY OF
On d A�CZ . 4Z8before, me, Me uncleroignW, a Notary Public in and for amid
State, Personally app" I I _ _
to be the person _ whom name'
to the within instrument and aclmowNdgod Mat
executed the same.
WITNESS my hand and official seal.
OFFICIAL SEAL
DEBORAH S WEISf
a NOTARY PUBLIC • CALIFORNIA MUMPRMPE UM
1h Mew. sen AM 21, 3915
Of Notify (This area for official noterlN
evidence
1 subscribed to the
he executed it.
• 77013 wxnara Bhe. • wooawq Hift CA 91MA
E I
RESOLUTION NO.. 85-9-3-2
A RESOLUTION OF THE CITY'COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING
A DEFAULT IN DEVELOPMENT AGREEMENT AND
AUTHORIZING CITY ATTORNEY TO MAKE DEMAND ON
AMWEST SURETY COMPANY (PACIFIC COAST DEVELOPMENT)
WHEREAS, City and Pacific Coast Development entered
into an Agreement dated October 25, 1984, providing for the
construction of certain improvements at the location of 27321
Ortega Highway, San Juan Capistrano; and,
WHEREAS, certain designated improvements were to be
completed by September 1, 1985; and,
WHEREAS, the City Building Division has indicated that
these improvements have not been completed; and,
WHEREAS, paragraph 5 of the Development Agreement
authorizes the City to declare a default in the event of
nonperformance and to make a demand on the surety for
performance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of San Juan Capistrano, that there is hereby declared a
default in the performance obligations of Pacific Coast
Development under the above stated Development Agreement and the
City Attorney is authorized to immediately make a demand on
Amwest Surety Company for full performance under the Agreement.
PASSED, APPROVED AND ADOPTED this 3rd day of
RP,Atemher , 7985 / iT./wA ABY
ATTEST:
FIZZY
T'
I
-1-
0 0
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk oftheCity of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Resolution No. 85-9-3-2 , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 3rd day of
September , 1985 , by the following vote:
AYES: Councilmen Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT; Councilman Friess
(SEAL)
Y AND VE , CITY CLERK
-2-
P
ANTHONY MORTGAGE
September 11, 1984
Mr. John Shaw
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, California 92675
Dear Mr. Shaw,
i
COMPANY , ,
�.1 11 5, ,..# ,{
This letter will serve to follow up on our phone conversation
of September 7, 1984 whereon I informed you that the letter
dated February 22, 1984 claiming that a trust fund had been
established for Douglas P. Blankenship is of no validity. I
am enclosing a copy of that letter for your reference.
I have met with the F.B.I. who advised me to turn this matter
over to the Sheriff Department which I will. do.
If I can be of any assistance in resolving the problems that
may have arisen as a result of this incident, please let me
know.
Very truly yours,
Harry A. Mechnaick
President
HM/vg
encl
;IF
TOWN AND -COUNTRY BUSINESS PLAZA
1111 TOWN AND COUNTRY RD. UNIT 44 ORANGE, CA 92668
ANTHONY MORTGAGE COMPANY
February 22, 1984
City of San Juan Capistrano
32400 Paseo Pdelanto
San Juan Capistrano, CA 92675
RE: Orteca Professional Center
Dc,iclas P. Blankenship
Pacific Coast Development
Centl e_men :
Anthony Mortgage Company hereby confirms --ha-: f ands in t`:e
amount of one hundred thirty four thousand and no'/T�ns, are
heed wi tehalf of Doucias P. Blankenship, a
rr=n ��_, for t`e
tenefit of the City of Sn. an Juan Ca;pistrann. nenef_ci:ary, to
faithful perforrance cf Cn site and
rein=ed to Crteaa Professional Center, in the :ity of Sar, Juan
Capis_rano, County of Orange, State of Califcrnia.
It is aereed by the parties hereto that said fLuics are fcr the
_se and "-refit of the '-it-%, of San Juan Capistrano, and in event.
'ha: _ r C=Ld1 fails to CQtitpl= e, and/or pay for sa d improve n - s
as required by beneficiary, a-1"'funds in said acco-.2nt shall be
ira:ediat=-ly available to the City of San Juan Capistrano, upon
its order.
I't is ` zther agreed by parties hereto said funds will remain
pledged to the City of San Juan Capistrano until writ_en release
of said -_:edge is granted by the City of San Juan Capistranc,
and recei,-,edrbv Anthony Mortgage Company, prior to -hat date.
£inc:crely .
Anthony �'_)r_cage Company
Vis.=ar.d�• %r.es
*Ianacer - _cnstruccicn 5 -mance
The vncers:_-ed _ _nci_al __..ncw_edces, acce'-s =:d
=r.e te_.-.s snared 'e -rein, and - _ ees to be bound he-ze-bv.
ANTHONY MORTGAGE COMPANY
February 22, 1984
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
RE: Ortega Professional Center
Douglas P. Blankenship
Pacific Coast Development
Gentlemen:
Anthony Mortgage Company hereby confirms that funds in the
amount of two hundred thirty thousand five hundred and no/ths,
are held on behalf of Douglas P. Blankenship, principal, for
the benefit of the City of San Juan Capistrano, beneficiary, to
insure faithful performance and labor and materials of public
improvements in and related to Ortega Professional Center, in the
City of San Juan Capistrano, County of Orange, State of California.
It is agreed by the parties hereto that said funds are for the
use and benefit of the city of San Juan Capistrano, and in event
that principal fails to complete, and/or pay for said improvements
as required by beneficiary, all funds in said account shall be
immediately available to the City of San Juan Capistrano, upon
its order.
It is further agreed by parties hereto said funds will remain
pledged to the City of San Juan Capistrano until written release
of said pledge is granted by the City of San Juan Capistrano,
and received by Anthony Mortgage Company, prior to that date.
Sincerely,
Anthony Mortgage Company
By:
r. Randy JonZ �
'-'Manager - Construction Finance
The unde signed principal acknowledges, accepts and approves
the ter s,contained herein, and agrees to be bound thereby.
Mr. Dgtglas P. Blankenship
TOWN AND COUNTRY BUSINESS PLAZA
1111 TOWN AND COUNTRY RD. UNIT 44 ORANGE, CA 92668
ANTHONY MORTGAGE COMPANY
February 22, 1984
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
RE: Ortega Professional Center
Douglas P. Blankenship
Pacific Coast Development
Gentlemen:
Anthony Mortgage Company hereby confirms that funds in the
amount of one hundred thirty four thousand and no/ths, are
held on behalf of Doualas P. Blankenship, principal, for the
benefit of the City of San Juan Capistrano, beneficiary, to
insure .faithful performance of on site improvements in and
related to Ortega Professional Center, in the City of San Juan
Capistrano, County of Orange, State of California.
It is agreed by the parties hereto that said funds are for the
use and benefit of the City of San Juan Capistrano, and in event
that principal fails to complete, and/or pay for said improvements
as required by beneficiary, all funds in said account shall be
immediately available to the City of San Juan Capistrano, upon
its order.
It is further agreed by parties hereto said funds will remain
pledged to the City of San Juan Capistrano until written release
of said pledge is aranted by the City of San Juan Capistrano,
and received by Anthony Mortgage Company, prior to that date.
Sincerely.
Anthony Mortgage Company
By:
andy 4hes
Manager - Construction Finance
The undersigned principal acknowledges, accepts and approves
the to S contained herein, and agrees to be bound thereby.
By:
Mr. Douulas P. Blankenship
TOWN AND COUNTRY BUSINESS PLAZA
1111 TOWN AND COUNTRY RD. UNIT 44 ORANGE, CA 92668
i ' • AKEST SURETY INSURANCE CP
P.O. Box 4500
Woodland Hills, CA 91365
(818) 704-1111
KNOW ALL MEN BYTHESE PRESENTS, That
does hereby make, constitute and appoint
BURNAND—JOHN E. SAVAGE—SCOTT D. ANS
ROGERS—PAMELA SCOTT—G.J. SANDEN—JO
KAY E. BETTIN—LOIS J. SANDERS—REBECCA
its true and lawful Attorney(s) in Fact,
and deliver and affix the seal of the co
ob(igauons in the nature thereof, as fol
CONTRACT, LICENS
and to bind AMWEST SURETY 1 I
these presents, are hereby ratifte
sions of the By Laws of the cc
Article III, Section 7
This Power of Attor 0d A
ted by the board of direct _ _.
RESOL
tart', may apl
appointment
pany to bo
any such at
and bi
the a
rata
,dinjunction with the si
defined or limited in
to execute and deliver
Mice -president or secr a tyror,"111,
horized attorney -in fact%49
14s"N' " 1
a sea' be required) by olio,
evidenced by the power o6'+..
execute
"rRY R'U RFFSrT
e signature of any authorized office ft
atorney or certification thereof Guth ~
bo " ngt.ohet suretyship obligations of the c4g# ei aY nd effect as though manually affixed. L o 04#
4 61
f9, URETY INSURANCE COMPANY has caused these presents to be signed by its
proper officer, and its corporate seal to be hereunto affixed this 8th day of June 19 84
/AMWEST SURETY INSURANCE COMPANY
P em
4
seCtela'v
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES - ss
On this 6th day of June A.D., 19-L, personally came before mE Richard H. Savage
and Catherine Thompson to me known to be the individuals and officers of AMWEST SURETY INSURANCE COM•
PANY,CALIFORNIA who executed the above instrument, and they each acknowledged the execution of the same, and being
by me duly sworn, did severally depose and say that they are the said officers of the corporation aforesaid, and that the seal
affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers
were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.
OFFICIAL SEAL 1
PAMELA J. SCOTT
NOTARY PUBLIC CALIFORNIA
PRINCIPAL OFFICE IN
LOS ANGELES COUNTY
My Commission Expires Apr. 28. 1987
(SEAL)
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES - ss
CERTIFICATE
I, the undersigned, secretary of the AMWEST SURETY INSURANCE COMPANY , a California corporation,
DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked;
and furthermore, that the provisions of the By -Laws of the company and the Resolutions of the board of directors set forth
in the Power of Attorney, are now in force.
Signed and sealed at Costa Mesa this 12th day of November 19 84
P,e�vv �esu,,�f
AW -2i -
CO ✓,+C/✓✓.-v✓✓lam /
.i secreurY
eRY 1 1.�� /
RECORDING REQUESTED BY AND W S
WHEN RECORDED RETURN TO: ����JJJJJJJJ
City of San Juan Capistrano
Office of the City Clerk
32400 Paseo Adelanto
San Juan Capistrano, Ca. 92675
DEVELOPMENT AGREEMENT
THIS AGREEMENT is made by and between the City of
San Juan Capistrano, a municipal corporation, hereinafter
referred to as "City" and Pacific Coast Development Company,
hereinafter referred to as "Developer".
WITNESSETH:
WHEREAS, City has issued grading permit #0191-G
to Developer to construct certain designated improvements,
more particularly described in Exhibit "A" attached and
incorporated herein by reference, which said
improvements constitute a portion of a office -commercial
complex at the location of 27321 Ortega Highway and
WHEREAS, San Juan Capistrano Municipal Code 6-5.10(a)
requires the posting of financial security to secure the
faithful performance and labor and materials for the
installation of improvements connected with the issuance
of building permits.
NOW, THEREFORE, in consideration of the premises and
promises hereinafter contained City and Developer agree as
follows:
1. Developer's Improvements Obligations. Developer shall,
at its sole cost and expense, provide and furnish all labor,
materials and equipment for the installation of improvements
set forth in Exhibit "A". The grading permit and Architectural
plans which further define the improvements in Exhibit A are on
file in the office of the City's Building Official, and are
incorporated herein by reference. The Building Inspector
shall determine the estimated costs of said improvements to be
used for the security required herein.
2. Developer fee. Developer agrees to pay the administrative
fee of $500.00 incurred by City in requiring this agreement.
3. Developer's Security. Developer shall provide to
City a bond by a duly authorized corporate Gurety, subject toh 1`''I
the approval of City's City Attorney, to secure Developer's
improvement obligations required under this agreement. Y
The amount of the bond shall be $13Q,000.00.
provide that the Surety shall pay attorney's fees
in enforcing the development agreement and Surety
Page 1 of 3
The bond shall
incurred by Cit
Bond.
♦ 0
4. Timeframe for Completion of Improvements.
Improvements described as items 1 and 2 in Exhibit A shall
be completed on or before January - 31, 1985; the remaining work
described in item 3 shall be completed on or before Sept 1, 85.
5. Developer Default. In the event Developer does not c -
plete the required improvements within the time required, or
abandons the project site during the term of this agreement,
City shall have the right to immediately declare a default and
to make demand on the surety for performance.
6. Attorney's Fees. Developer 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 agreement, and such sum shall
be made a part of any judgment in such action against the developer
if such action is determined in favor of said City.
7. Developer's Work in Safe Condition. Developer 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.
8. Liability. Developer shall
and employees harmless from any and
of action, liability or loss of any
out of, the acts or omissions of the
sub -contractors, agents or employees
agreement.
hold City, its officers
all claims, demands, causes
sort because of, or arising
Developer, his contractor,
in the performance of this
In Witness Whereof, the parties have executed
as of October 25, 1984 at San Juan Capistrano,
this agreement
California.
i
EXHIBIT A
0
(PACIFIC COAST IMPROVEMENTS)
Item 1: Completion of all retaining walls presently under
construction in accordance with, and to comply with
requirements of Developer's Engineer's "Precise
Grading Plan", sheets 1, 2, and 3 approved, and more
specifically with Sheet 2, Revision 4, dated August 1984,
and supporting documents (profiles, etc.)
Item 2: New construction of all foundations, footings, and retaining
wall of a portion of the easterly building (building 2) on
the property in accordance with the approved architectural
plans, and more specifically described on structural sheets
S-4 and S-5, from and including column B-2, northerly then
easterly to and including Column A-12, including all
connections to the retaining walls described in item 1
above, complete with all reinforcing steel, backfilling,
drainage devices and other appurtenances required on said
design and construction drawings.
Item 3: Completion of all on-site grading and improvements per
approved precise grading plans including utility relocations;
interfaces with public streets and other appurtenances such
as traffic lights; removal of excess earth; compliance with
landscaping plans and requirements; and construction of
curbs, gutters, parking facilities, and other on-site im-
provements.
r
i
9 • • •
RESOLUTION NO. 85-9-3-2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING
A DEFAULT IN DEVELOPMENT AGREEMENT AND
AUTHORIZING CITY ATTORNEY TO MAKE DEMAND ON
y AMWEST SURETY COMPANY (PACIFIC COAST DEVELOPMENT)
a
WHEREAS, City and Pacific Coast Development entered
into, an Agreement dated October 25, 1984, providing for the
construction of certain improvements at the location of 27321
Ortega Highway, San Juan Capistrano; and,
WHEREAS, certain designated improvements were to be
completed by September 1, 1985; and,
WHEREAS, the City Building Division has indicated that
these improvements have not been completed; and,
WHEREAS, paragraph 5 of the Development Agreement
authorizes the City to declare a default in the event of
nonperformance and to make a demand on the surety for
performance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of San Juan Capistrano, that there is hereby declared a
default in the performance obligations of Pacific Coast
Development under the above stated Development Agreement and the
City Attorney is authorized to immediately make a demand on
Amwest Surety Company for full performance under the Agreement.
PASSED, APPROVED AND ADOPTED this
mmwr :TS'�w-
ATTEST:
IVA
NIT
T"
r
-1-
day of
A
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO 1
I, MARY ANN HANOVER, City Clerk oftheCity of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Resolution No. 85-9-3-2 , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 3rd day of
sentemher , 1985 , by the following note:
AYES: Councilmen Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT. Councilman Friess
(SEAL) i
MARY ANr VE R, CITY CLERK
-2-
6.
90
rT�
The following Resolution was adopted declaring a default in
the performance of obligations to complete certain
improvements by September 1, 1985, pursuant to a Development
Agreement dated October 25, 1984, as set forth in the report
dated September 3, 1985, from the City Attorney:
IN
uc,vca,vrricrrr� - ti 1tCDVLUI"1V1V vr" "rnL' c:l'1"z C:UU1Vl;1L vr" •rn
CITY OF SAN -JUAN CAPISTRANO, CALIFORNIA, DECLARING A
DEFAULT IN DEVELOPMENT AGREEMENT AND AUTHORIZING CITY
ATTORNEY TO MARE DEMAND ON AMWEST SURETY COMPANY
(PACIFIC COAST DEVELOPMENT)
The City Attorney was authorized to make a demand on Amwest
Surety Company for full performance under the Agreement.
Q13%Y5
PERFORMANCE BOND
Bond Number 1061986
. Premium: $2,600.00/Annum
KNOW ALL MEN BY THESE PRESENTS: that Pacific Coast
Development Company (Douglas P. Blankenship), as Principal,
called Developer, and AMWEST SURETY
f"�h.YiK:.;,,hereinafter,�.A INSURANCE COMPANY , as Surety, hereinafter called
Surety, are held and firmly bound unto the City of San Juan
Capistrano, as Obligee, hereinafter called City, in the
amount of One Hundred and Thirty Thousand Dollars ($130,000)
for payment whereof Developer and Surety bind themselves,
their heirs, executors, administrators, successors, and
assigns, jointly and severally, firmly by these presents.
WHEREAS, Developer has by written agreement dated
October 25, 1984 entered into a development agreement
with the City for the construction of certain designated
building improvements at the location of 27321 Ortega
Highway, San Juan Capistrano, Ca., in accordance with
plans and specifications attached to City's grading permit
#0191-G, which contract is by reference made a part hereof,
NOW THEREFORE, the condition, of this obligation
is such that, if Developer shall promptly and faithfully
perform said development agreement, then this obligation
shall be null and void; otherwise it shall remain in full
force and effect.
BE IT FURTHER RESOLVED THAT:
1) 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.
2) Said surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration, or
modification of the contract documents or of the work to be
performed thereunder, shall in any way affect its obligations or
this bond, and it does hereby waive notice of any such change,
extension of time, alterations or modifications of the contract
documents or of work to be performed thereunder.
Executed at Costa Mesa this 12th day
Of November 1984
PaaiV Coast Develop
By: Douglas P. Blankenship
Page 2
State of Cal iforn; a
SS.
County of Orange 1111
OFFICTAt SEAL
OFELIA M LOPEZ
NOTARY PUBLIC - CALIFORNIA
ORANGE CWNTY
My mmm. expires JUL 19, 1985
By:r z
City of San Juan Capistrano
S C�ff�rg�
By:
Do glas P. Blankenship
Pacif'c Coast Develop m t Company
By:
David h son
On this the 8th day of November 19$4, before me,
the undersigned Notary Public, personally appeared
David Johnson
❑ personally known to me
® proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) i s subscribed to the
within instrument, and acknowledged that he executed it.
WITNESS my Und and official seal. /J
Notary's Signfture
Page 3 of 3
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NATIONAL NOTARY ASSOCIATION • 23012 Ventura BIVC. • Woodland Mills. CA 91364
State of California It
} SS.
County of _Orange JJJ{{{
OFFICIAL SEAL
OFELIA M LOPEZ
m NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
My comm, expires 1tIL 19, 1995
GENERAL ACKNOWLEDGMENT FORM 7110052
On this the R+h day of Novl 11913A, before me,
Ofelia M. Lopez ,
the undersigned Notary Public, personally appeared
I'Nl
; P personally known tome
C proved tome on the basis of satisfactory evidence
to be the person(s) whose name(s)' i S subscribed to the
within instrument, and acknowledged that he executed it.
WITNESS my han"nd official seal.
NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • Woodland Hills, CA 91364
STATE OF CALIFORNIA
SS.
COUNTRY OFrf �w,�r .��-
On—11/�fuci_A-�cLAi dfiy before me, the undersigned, a Notary Public in and for said
State, personally appeared
to be the person — whose name /S
to the within instrument and acknowledged that
executed the same.
WITNESS my hand and official seal.
Signature of Notary
known to me
OFFICIAL SEAL
DEBORAH 5 WEIST
NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
My comm, spires NN 21, 19M
(This area for official notarial seal)