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