Resolution Number 93-9-7-3 075
RESOLUTION NO. 93-9-7-3
APPROVAL OF ASSIGNMENT OF SUBDIVISION IMPROVEMENT AGREEMENT AND
EQUIVALENT SURETY SUBSTITUTION FOR TRACT 12633, DIVIDEND DEVELOPMENT
CORPORATION AND WARMINGTON SAN JUAN ASSOCIATES
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING THE
ASSIGNMENT OF SUBDIVISION IMPROVEMENT AND THE SURETY
SUBSTITUTION TO TRANSFER ALL OBLIGATIONS, DUTIES AND
RIGHTS FROM DIVIDEND DEVELOPMENT CORPORATION TO
WARMINGTON SAN JUAN ASSOCIATES
WHEREAS, on the 7th day of July, 1987, the City of San Juan Capistrano
entered into a Subdivision Improvement Agreement with Dividend Development
Corporation for the construction of certain public and private improvements servicing
Tract 12633; and,
WHEREAS, Paragraph 17 of said Agreement states that the Agreement may
not be assigned to a third party without approval of the City of San Juan Capistrano; and,
WHEREAS, Dividend Development Corporation has requested the right to
assign the subject Subdivision Improvement Agreement to Warmington San Juan
Associates; and,
WHEREAS, Warmington San Juan Associates has posted sufficient sureties
with the City of San Juan Capistrano for the remaining private street improvement and
monumentation work; and,
WHEREAS, the City of San Juan Capistrano has no objection to said
assignments and the substitution of sureties.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano hereby approves the transfer of assignment and sureties substitution
of said Subdivision Improvement Agreement from Dividend Development Corporation to
Warmington San Juan Associates.
PASSED, APPROVED, AND ADOPTED this 7th day
of September 1993.
,
f GIL S, MAYOR
ATTEST:
CITY CLERK'
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076
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Resolution No. 93-9-7-3 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 7th day
of September , 1993, by the following vote:
AYES: Council Members Nash, Hausdorfer, Campbell, Vasquez and
Mayor Jones
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL) Il n�D/IO
CHERYL JOHNSON, CITY CLER
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077
' STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan
Capistrano;
That in compliance with State laws of the State of California and in further
compliance with City Resolution No. 83-12-20-3 and on the 14th day
Of Se}2tember , 1993 I caused to be posted:
RESOLUTION NO. 93-9-7-3 , being:
APPROVAL OF ASSIGNMENT OF SUBDIVISION IMPROVEMENT AGREEMENT AND
EQUIVALENT SURETY SUBSTITUTION FOR TRACT 12633, DIVIDEND DEVELOPMENT
CORPORATION AND WARMINGTON SAN JUAN ASSOCIATES
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING THE
ASSIGNMENT OF SUBDIVISION IMPROVEMENT AND THE SURETY
SUBSTITUTION TO TRANSFER ALL OBLIGATIONS, DUTIES AND
RIGHTS FROM DIVIDEND DEVELOPMENT CORPORATION TO
' WARMINGTON SAN JUAN ASSOCIATES
in three (3) public places in the City of San Juan Capistrano, to wit: City Hall; Old Fire
Station Recreation Complex; Orange County Public Library.
1 declare under the penalty of perjury that the foregoing is true and correct.
CHERYL JOHN-SON, CITY CLERK U
CHECK LIST San Juan Capistrano, California
ORD. NO. RES. NO.q�3-q-7�3
Mayor has signed
Clerk has signed
City Seal stamped
All blanks typed in
"Absent"
"Noes"
"Abstain"
Copies sent to post Ord. dist.
file
mail�_ certified
\2�11p- F4-0
' Legal Publication ordered to be published
(date)
No. Printed copies required 21
Remarks
078