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1972-1128_ROMAN CATHOLIC BISHOP OF ORANGE_Sewer Construction Agr!A MEN woonamencuwra a es0'iSAiwa MEMORANDUM DECEMBER 2Z 1972 TO: CITY CLERK CITY OF SAN JUAN CAPISTRANO FROM: OFFICE OF THE CITY ENGINEER SUBJECT: D.O.L. 71-105 MERCADO SEWER CONSTRUCTION AGREEMENT ENCLOSED HEREWITH YOU WILL FIND ONE COPY OF THE SEWER CONTRUCTION AGREEMENT ENTERED INTO BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE ROMAN CATHOLIC ARCHBISHOP OF LOS ANGELES WHICH WAS APPROVED BY THE CITY COUNCIL ON EMBER 28, 1972. OUR OFFICE PROVIDED THE APPLICANT ENGINEER WITH A COPY OF THE EXECUTED AGREEMENT. JACK Y. KUBOTA, CITY ENGINE R OOKS CAVANAUGH ENGINEERING PLANNER CC: DIRECTOR OF PUBLIC WORKS .� A G R E E M E N T THIS AGREEMENT, made and entered into this Z�` day of k/o71_ea1_Z— , 19'jVby and between The Roman Catholic Archbishop hereinafter designated of Los Angeles as SUBDIVIDER and the CITY OF SAN JUAN CAPISTRANO, a body politic of the State of California, hereinafter designated as CITY: W I T N E S S E T H: WHEREAS, the SUBDIVIDER has prepared and offered for acceptance by the CITY a final map of DOL 71-105 in the City of San Juan Capistrano, County of Orange, and WHEREAS, the SUBDIVIDER as a condition of approval of said map by the CITY, is required to construct or agree to construct certain improvements, and G� WHEREAS, the installation of the sewers, sWR YY facilities as shown on the Plans in connection with the improvements for said DOL 71-105 will fulfill the requirements; NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: In consideration of the approval of said final map by the CITY, the SUBDIVIDER agrees: 1. That the SUBDIVIDER will at the sole cost and expense of the SUBDIVIDER construct and install 71-105" on file in the office of the City Clerk of the City of San Juan pistrano; said "Plans for Sanitary Sewers of DOL 71-105 are ereby referred to and made a part of this Agreement as though fully set forth herein. 2. To secure the faithful performance of this Agreement, the SUB- DIVIDER agrees to furnish to the CITY a good and sufficient bond executed by a corporation authorized to transact surety business in the State of California in the sum of Two -Thousand -Five -Hundred Dollars said bond to be approved by the CITY. 3. It is mutually agreed that the work herein required to be done by the SUBDIVIDER shall on the written request of the SUBDIVIDER made to the City Engineer be inspected by him and if found to be in order, accepted as it progresses. In such case the SUBDIVIDER shall be entitled to a partial refund of money deposited to secure faithful performance, in a sum in the same ratio to the total money deposited as the work accepted bears to the total work to be done, provided that the CITY'S Engineer has first certified to the City Council the amount of work completed and to be accepted and the amount of partial refund to which the SUBDIVIDER is entitled and the City Council approves such refund and further provided that no refund'in excess of Eighty-five percent (85%) of the total amount of the original deposit shall be made until all of the work is completed and accepted. 4. The SUBDIVIDER agrees to commence the construction and instal- lation of said improvements within 180 days from the approval of said map by the CITY and shall complete said work within 365 days from the date of said approval. This agreement is entered into pursuant to the provisions of Div. 4, Pt. 2, Ch. 2, Art. 9 of the Business and Professions Code of the State of California. IN WITNESS WHEREOF, has executed these presents as the SUBDIVIDER, and the CITY OF SAN JUAN CAPISTRANO has caused these presents to be executed by the Mayor of the City Council and attested by the City Clerk and ex -officio Clerk of the City Council, as the CITY, the day and year in this instrument first above written. ATTEST: Wanda E. Anderson, City Clerk and ex -officio Clerk CITY OF SAN JUAN CAPISTRANO By: l.fgt �' 2AAfz:�=_ mayor Fidelity and Deposit Company HOME OFFICE OF MARYLAND BALTIMORE 3 KNOW ALL MEN BY THESE PRESENTS: Thatwe,-_._The Roman Catholic Archbishop of Los Angeles, a corporation Principal...., and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation created, organized and existing under and by virtue of the laws of the State of Maryland, as Surety, are held and firmly bound to -City-- f -S a -n ._Juan --C a p i s tra n o -------- ----------- -------- ----- --------------------------------------------------- inthe sum of. ...... Two Thousand Five Hundred and No/100-_ Dollars ....), lawful money of the United States of America, to the payment of which, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally, firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That WHEREAS, the above bounden Principal has agreed to do and perform the following work, to -wit: Construct and Install Sanitary Sewers of DOL 71-105 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall well and truly perform the above described work in accordance with all Plans and Specification, and all City Ordinances, within the time specified, and FURTHER, that if the Principal shall pay or cause to be paid in full, the claims of all persons performing labor upon or furnishing materials to be used in, or renting equipment to it for the hereinbefore mentioned improvements in proposed map of DOL 71-105 in the City of San Ju;1 I rano then this obligation shall a void; otherwise to remain in fu orce and effect. PROVIDED FURTHER, That delivery to the Principal of a statement signed by the City Engineer of the completion or acceptance, to the satisfaction of the City Engineer of the improvements re- quired to be done by the Principal shall be evidence of the performance of said work. PROVIDED FURTHER, that this bond shall inure to the benefit of any and all persons who perform labor upon or furnish materials as aforesaid, so as to give such Labor and Material Suppliers a right of action to recover on this bond; provided that no such action or proceeding to recover on this bond shall be sustained unless the same be commenced by service of process within six months after completion or acceptance of said improvements. Witness the hand and seal of the said Principal, and witness also the corporate seal of the said Surety and the signature of its duly authorized Attorney -in -Fact, attested by its duly authorized agents at L0 s--- Ang-e.l:es---------------- ------ this -------------------2 .......................... day of. ..... Muemb-e r_l.931- THE 19-7 2... THE ROMAN CATHOLIC ARCHBISHOP OF 1_0 S .... A N G E -L E S --------------------------------•-_--------_----(SEAL) M. 7.61 159250 .By---------------------------------------- --- ---------__----------- -..... (SEAL) FIDELITY AND DEPOSIT COMPANY OF MAR ' AND u ti n McCarthy .Attorney -i -Pact STATE OF CALIFORNIA ss: COUNTY of LOS ANGELES On. - November 28, --`--- 1 9 19 - 1972_ before me, the undersigned, a Notary Public of said county ---------------------- Justin McCarthy and state, personally appeared- --- ------- ---- --- -------- ------ --- --------------- ----- -- --- --- --- --- -------------------- -- known to me to be the Attorney -in -Fact of the corporation that executed the within instrument, known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. ®', NOTA uv �Ue uC - OAUhOe NIA ,.!LP�, ... .................. ._.L�F-_-- ....s-. .--- ._-. A ANG,n Gra e l ..- f._-•ty Notary Public lOS ANGk�L$ COtlniY °` °P"'' Mycornmiss:nn Expires Jul. 19. 1974 Los Angeles 190338 x,wxmw,Nuxun,x,nm,mnumewwnnuxuruumm�xnuxu...:r:6 REC 41972 WODDSIDE KUEOTA & ASS�u CCfSSI LTC, I:NGIW ERS • Power of Attorney • FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE, BALTIMORE, MD. $b*ow ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland, by WM. H. C. GRIFFITH , Vice -President, and M. A. KELLY , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Com- pany, which reads as follows: "The President, or any one of the Executive Vice -Presidents, or any one of the additional Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Sec- retary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Resident Assistant Secretaries and Attorneys - in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other instruments and documents which the business of the Company may require, and to affix the seal of the Company thereto." docs hereby nominate, constitute and appoint Justin McCarthy of Los Angeles, California ils—true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings . ... . .. . . ...... . . .. _ the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. This power of attorney revokes that issued on behalf of Justin McCarthy, dated March 9, 1954. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this -- --- --- 2-9-th --------- --- - -day of -----------------June-------- -- -- .......... A.D. 19 55 ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND (SIGNED) --------------------- -- -------------- - M-°-A._KELLY------ B WM,.H<C.--GRIFFITH --- (SEAL) Assistant Secretary Vice -President STATE OF MARYLAND CITY OF BALTIMORE 95. On this 29th day of June , A.D. 19 55 , before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above-named Vice -President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the day and year first above written. (SIGNED)-----PAULINE-_M..--ROSTEK---------------------- --- ----------- (SEAL) Notary Public Commission ExpiresMay 6, 1957 CERTIFICATE 1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents spe- ciallY}� authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2 of the By -Laws of the I'IDEI.ITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY of MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this -----------------------28th ---_----------------------- . -day of_ -Nov.em-b-e-r---- ---------------- - 197 --- L1419—Ctf. ........... L Assutw-wfsecrelary CEIVED 41972 WOOD,IDE- KUBOIA & ASSNI