Resolution Number 85-9-3-2RESOLUTION NO. 85-9-3-2 217�
DECLARING DEFAULT IN DEVELOPMENT
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 MARE 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
Septemher , 1985 . 1---X
ATTEST:
•IN
N
allAaw
; .
-1-
day of
f 1� STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, 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. 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.p 1985 , by the following vote:
AYES: Councilmen Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: Councilman Friess
(SEAL)
MARY AN"ANOVER, CITY CLERK
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
MARY ANN HANOVER, being first duly sworn, deposes
and says:
That she is 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 5th day of September 1985 ,
she caused to be posted:
RESOLUTION NO. 85-9-3-2
being:
101*439Ti] ULDRYN
nUP]
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)
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.
MARY ANN A2 VER, CITY CLERK
San Juan Capistrano, California
-3-