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1996-0528_KI/FKLA RANCHO REALTY_Partial Assignment of Improvement Agreement RECORDING REQUESTED BY: LOP! Recorded in the County of orange, California Gary L. Granville, Clerk/Recorder City of San Juan Capistrano Office of the City Clerk 1111111111M 11111111111111 58.00 32400 Paseo Adelanto 19960264702 212pm 05/28/96 San Juan Capistrano CA 92675 005 8005621 08 28 Al2 18 7.00 51 .00 0.00 0.00 0.00 0.00 AND WHEN RECORDED RETURN TO: City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto • • San Juan Capistrano CA 92675 PROJECT: Rosan Ranch- Toyota 4 \ PARTIAL ASSIGNMENT OF IMPROVEMENT AGREEMENT i\c\ The undersigned lastIVANRancho_Realty, L C , a Delaware limited liability company ("ICl/FKLA"), hereby assigns Toyota Motor Sales, U.S.A., Inc., a California corporation,("Toyota"), a portion of its obligations, as further specified below, of that certain Subdivision Improvement Agreement between KI/FICLA and the City of San Juan Capistrano (the "City"), copies of which are attached hereto as Exhibit A and which were recorded on July 13, 1987 and May 4, 1989 as Instrument Nos. 87-397561 and 89-737888, respectively, in the Official Records of the County Recorder of Orange County, California(the "Improvement Agreement"). The portion of the Improvement Agreement being assigned to Toyota hereunder relates to that certain real property being sold to Toyota by ICl/FKLA, as further described on Exhibit B attached hereto (the "Toyota Property"). As part of the obligations being assumed by Toyota under the Improvement Agreement, Toyota hereby agrees to provide to City, within five(5) days following the full execution hereof, surety bonds or other security acceptable to the City, insuring the performance by Toyota of certain obligations under the Improvement Agreement relating to the. Toyota Property, in the following amounts: a faithful performance surety in the amount of Two Hundred Seventy-Five Thousand Forty Dollars($275,040.00), and a labor and materials surety in the amount of Two Hundred Seventy-Five Thousand Forty Dollars ($275,040.00) (hereinafter collectively, the "Toyota Bonds"). At such time as the Toyota Bonds are provided to the City, the ., City hereby agrees to release the portion of the bonds previously posted by ICl/FICLA with the City that relate to the Toyota Property. LEGAL961TOYOTA.PAI 031996MSSMrg 1 03/26/96 12:45 FAX 909 694 0749 KEMPER COMM DI 909 694 0749 1,11003/015 This assignment is hereby accepted by Toyota and Toyota hereby assumes for the benefit of City and KUFKLA that portion of the obligations of KI/FKLA under the Improvement Agreement that relates to the Toyota Property. The City hereby consents to the assignment by KUFKLA to Toyota as set forth herein, and agrees that, following the full execution hereof, the City shall release KX/FKLA from any obligation under the Improvement Agreement with respect to the Toyota Property. :KI/FKLA RANCHO REALTY,L.L.C., TOYOTA MOTOR SALES, U.S.A., INC., a Delaware limited liability company a California corporation By: Kemper Real Estate Management Company, its attorne. -in-fact 7 -, By: Robert Pitts Group Vice President By: Finance & Administration Wand. I. Chihak Se '.r Vice President By: CITY Off' SAN JUAN CAPISTRANO, a APPROVED AS TO FORM Ok/ti) municipal corporation / BY: (A C1i Wyatt1tty .��`-� rt o 4 16 96, May itL�_ ATTEST: Please attach notarial acknowledgement.) City a LEGAL96lTOYOTAPAI 2 031996MSSMrg ,.. i J This assignment is hereby accepted by Toyota and Toyota hereby assumes for the benefit of City and KI/FKLA that portion of the obligations of KI/FKLA under the Improvement Agreement - that relates to the Toyota Property. The City hereby consents to the assignment by KI/FKLA to Toyota as set forth herein, and agrees that, following the full execution hereof, the City shall release KI/FKLA from any obligation under the Improvement Agreement with respect to the Toyota Property. KI1FKLA RANCHO REALTY,L.L.C., TOYOTA MOTOR SALES, U.S.A., INC., a Delaware limited liability company a California corporation By: Kemper Real Estate Management Company its attorne By: i Jac loodworth ifr tgli By: _ / I wAr. A Wanda J. Chi ,3,AQ Senior Vice P ent By; CITY OF S• JUAN CAPISTRANO;a municipal corpo -tion By: [Please attach notarial acknowledgement.] I.EGAL96'TOYOTAPAL 031996MSSMrg 2 1 • • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5193 1 --,.../ State of California OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER County of Los Angeles Though statute does not require the Notary to f r fill in the data below, doing so may prove r f3/2 8/9 6 Lydia I. Rico invaluable to persons relying on the document. r On before me, ❑ INDIVIDUAL f j DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC' r Robert Pitts eC President Finaan. 1 personally appeared r NAME(S)OF SIGNER(S) ' & Adminial ation 6 1 personally known to me-OR-0 proved to me on the basis of satisfactory evidence ❑ PARTNER(S) El LIMITED 1 6 to be the personps) whose names) is 0 GENERAL 6 6 subscribed to the within instrument and ac- 0 ATTORNEYIN FACT • 6 f knowledged to me that he%sheitkeay executed ❑TRUSTEE(S) 1 1 the same in hiabesliti six authorized ❑GUARDIAN/CONSERVATOR 6 4 capacity(i , and that by his lace bear ❑OTHER: 1 1 signature(s) on the instrument the person(s$, 6 1 LYDIA I. RIC,0 or the entity upon behalf of which the 6 1 / ' y persons) acted, executed the instrument. 1 Comm. #970349 n SIGNER IS REPRESENTING: 4 ,,,,NOTARY PUBLIC •CALIFOP.NI,. NAME OF OR ENTITY IES l/ y ./` LOS ANGELES COUNTY 0 WITN• .S my hand and off'-ial seal. PERSON(S) ENTITY(IES) t� f \` ;_ My Comm. Expires Aug.L, 19961 / 6 fillii , c,. , iii. __ • fSIGNATURE OF NOTA Y41ydia I. R_Co r 1 OPTIONAL SECTION r 6 THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENTPartial Assignment of Improvement f j THE DOCUMENT DESCRIBED AT RIGHT: Agreement f 4. NUMBER OF PAGES -14- DATE OF DOCUMENT r 1 Though the data requested here is not required by law, --- None 6 it could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE f r.`titi-�tititi-`ti-.---�ti-`�ti�ti��ti��1ti1ti-�1�-.,,,�-1��--��1-,1111,-----,ti, t1ti——1�-,titititiltitititi�til---ti-�titi-`—�titi---1-`ti-�ti-�1, ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 c f ALL-PURPOSE ACKNOW ,DGMENT /.... • State of Calif is • } ,tI County of g _ I • On 3 �-C� "L before me, I,m, E (if Y (DAT ) � (NOTARY)• • I personally appeared - . &_/. • ! I SIGNER(S) personally known to me - OR- ❑ proved to me on the basis of satisfactory I • evidence to be the person(s) whose name(s) • Iis/are subscribed to the within instrument and I • acknowledged to me that he/she/they executed • Ithe same in his/her/their authorized I • capacity(ies), and that by his/her/their • Isignature(s) on the instrument the person(s), I • or the entity upon behalf of which the • person(s) acted, executed the instrument. _ • X 4i -, CAROLINA E. ROBERTS E • .. , Comm.#1088609 Ifi' Vf .' ,. ,7_P NOTARY PUBLIC•CALIFORNIA U! WIT S m ha% i and official se.% • Contra Costa County y �j MY Comm. Expires Feb_22,2000 E 77 a ' - 0 A .4 /Air —A ei•-.6.-. . All ei , .a /•'' i • NO ARY'S SIGNATURE • i i • OPTIONAL INFORMATION • The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- • edgment to an unauthorized document. _ • CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT I • • I ❑ INIV ❑ CORPORATEDIDUAL OFFICER • ITITLE(S) TITLE OR TYPE OF DOCUMENT I ❑ PARTNER(S) I . ❑ ATTORNEY-IN-FACT - • I ❑ TRUSTEE(S) NUMBER OF PAGES I • • ❑ GUARDIAN/CONSERVATOR • I ❑ OTHER: I • • DATE OF DOCUMENT ISIGNER IS REPRESENTING: ! • NAME OF PERSON(S)OR ENTITY(IES) • OTHER • IuIl_I. • • • • •4•1111•••••11MIN.•••••••••••••.•.111•11.•.11NED.•.11•11.41.11MIlw•.11•12.••••••••� APA 1/94 VALLEY-SIERRA, 800-362-3369 • PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 1181) On April 16, 1996 , before me, Cheryl Johnson City Clerk, personally appeared Wyatt Hart personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity •,. , ^ upon behalf of which the person acted, executed the instrument. . - N(SE y? ; ) WITNESS my hand and official seal. City Clerk OPTIONAL Capacity Claimed by Signer Description of Attached Document Municipal Corporate Officer Partial Assignment of Improvement Mayor Agreement - Rosan Ranch/Toyota Title Title or Type of Document Signer is Representing 18 City of San Juan Capistrano Number of Pages April 16, 1996 Date of Document Robert Pitts and Wanda J. Chihak Signer(s)Other Than Named Above • RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY,CALIFORNIA • 89:231868 4:00 pm MAY 4 1989 EXEMPT 4. a.c24914.40t Recorder C4 RECORDED AT THE REQUEST OF RECORDING FEES EXEMPT DUE TO AND RETURN TO: GOVERNMENT CODE SECTION 6103 City of San Juan Capistrano City Clerk's Department • 40111VA. 32400 Paseo Adelanto Mary Ay- anov-r, City Clerk San Juan Capistrano, CA 92675 City .` San Juan Capistrano, CA AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT (Parcel Map 85-306) Rosan Ranch, San Juan Capistrano, California This amendatory agreement is made this 2nd day of May . 1989, by and between the City of San Juan Capistrano (hereinafter referred to as "CITY"), and Bedford Development Company, a California Corporation, formerly known as Kaiser Development Company, a California Corporation (hereinafter referred to as "DEVELOPER"), located at 3002 Dow Avenue, #502, Tustin, California 92680. WHEREAS, CITY and DEVELOPER entered into a Subdivision Improvement Agreement dated July 7, 1987, pursuant to CITY's approval of Parcel Map 75-306; and WHEREAS, said improvement agreement provides for installation of public improvements by DEVELOPER within a period of two years; and WHEREAS, the Rights and Obligations under the July 7, 1987 Agreement were assigned to Bedford Development Company; and WHEREAS, DEVELOPER desires an additional one-year period within which to complete the public improvements. NOW, THEREFORE, BE IT RESOLVED BETWEEN CITY AND DEVELOPER that Paragraph 9 of said Subdivision Improvement Agreement be hereby amended to read as follows: "9. DEVELOPER agrees to complete all of said work and improvement and to pay all costs specified herein by July 7, 1990. DEVELOPER may be granted an extension of time due to delay in completion of the work and improvements beyond the time named in this agreement for completion of said work and improvements caused by acts of God or by the public enemy, fire or flood not caused or preventable by DEVELOPER, epidemics, quarantine restrictions, strikes, labor disputes, shortage of materials and freight embargoes, provided that the DEVELOPER shall notify the City Engineer of cause of the delay within ten (10) calendar days from the beginning of any such delay. The City Engineer shall ascertain the facts and the extent of the delay and his findings thereon shall, be final and conclusive. Any such extension of time due to delay EXHIBIT A AThendnient to Subdivif Improvement Agreement 89:231888 ) Parcel Map 85-306 _Page Two shall, however, be subject to all of the terms and conditions of this Agreement, and any surety or other security shall continue in full force and effect until the work and improvements have been accepted by the CITY." ATTEST: CITY OF SAN JUAN CAPISTRANO ../4014111P , OFP By City C k • GARY L HAUSDORFER, M7YOR • STATE OF CALIFORNIA) ) ss. County of Orange On this <ad_ day of 144 y , 19 f , before me, EgieY 4 • c. :To ,.'so J , the undersigned Notary Public, personally appeared GARY L. HAUSDORFER, personally known to me to be the person who executed the within instrument as Mayor of the City of San Juan Capistrano and acknowledged to me that the corporation executed it. Witness my hand and official seal. OFFICIAL SEAL „1:7,14471;V, CHERYL8A J9F1N1SON 1.;•41.2..,11, NOTARY PU Lic CAUFORN A IA • r..- 4 ORANGE COUNTY' My comm. expires NOV 11, 1989 Notary's S nature Approved as to Form BEDFORD DEVELOPMENT COMPANY, a California Corporation Cit Attorney By ell Mohan Vachani, Vice President • • 8T'''39756 1 v" ( RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA •3 45 pm JUL 1 3 '87 cer_c_a COUNTY RECORDER RECORDING REQUESTED BY ANDRECORDING FEES EXEMPT DUE TO WHEN RECORDED RETURN TO : EXEMP-r GOVERNMENT CODE SECTION 6103 City of San Juan Capistrano C14 Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano , CA 92675 /PA /,..40111 afr-:4 g41 ARY AN ANOVER, City Clerk San Juak Capistrano , CA CC3 PROJECT : Final Parcel Map No . 85-306 Rosen Ranch wa'r-VG j...m SUBDIVISION IMPROVEMENT AGREEMENT el ug-2 HIS AGREEMENT , made pursuant to the provisions of Division 2 Sf Title 7 of the Government Code of the State of California , by atfif between the CITY OF SAN JUAN CAPISTRANO , a Municipal Corporation, hereinafter called the "CITY" and KAISER DEVELOPMENT COMPANY, a California Corporation, c/o Bedford Properties , Inc . , 2011 Palomar Airport Road, Carlsbad, California 92008 , hereinafter called the "DEVELOPER" . WITNESSETH : WHEREAS , the . CITY has conditionally approved Tentative Parcel Map 85- 306 pursuant to Resolution No . 86-5 -6 -3 ; WHEREAS , DEVELOPER desires to postpone the completion of the public and/or private improvements for two (2) years from the date of CITY' s approval of the Final Parcel Map No . 85-306 ; and WHEREAS , in consideration of the CITY' s approval of the request for postponement, DEVELOPER has agreed to provide such security/surety as may be required by CITY to guarantee that all work and improvements for Final Parcel Map No . 85-306 will be completed in a timely manner . NOW, THEREFORE , in consideration of the premises and promises hereinafter contained, CITY and DEVELOPER agree as follows : 1 . DEVELOPER shall , at its sole cost and expense , provide and furnish all labor , materials and equipment for the completion of improvements for Final Parcel Map No . 85- 306 shown on the Improvement Plans and Specifications approved by the CITY; all such plans and specifications are on file in the office of the City Engineer and are incorporated herein by reference . "Improvements " include : all off- site grading work ; paving of all streets and public service easements ; construction of concrete curbs , gutters , ) 8T-397561 PROJECT : Final Parcel Map No . 85- 306 Rosan Ranch cross gutters and sidewalks ; installation of storm drainage and sanitary sewerage facilities ; installation of underground conduit and street lighting system; installation of traffic signal at Avenida Aeropuerto/Camino Capistrano ; installation of all street signs ; the supplying and planting of all parkway landscaping and irrigation; the installation of all appurtenances ; the furnishing of all engineering costs and services to do and complete said work and improvements ; and to do and complete all other acts and obligations required by the CITY as conditions of the approval for Tentative Parcel Map No . 85- 306 (Resolution No . 86 - 5- 6- 3) . 2 . DEVELOPER shall , at its sole cost and expense , provide and install all on- site water mains and appurtenances and shall provide all labor and materials to connect the same to existing mains and facilities of the Capistrano Valley Water District , in accordance with all of the requirements of said District . 3 . DEVELOPER agrees to pay all applicable fees imposed by CITY' s ordinance and resolutions as conditions of approval for Tentative Parcel Map No . 85 - 306 and the improvements therefor . 4 . DEVELOPER shall , prior to the City Council approval of Final Parcel Map No . 85- 306 , provide the following surety, all of which shall meet the requirements of Chapter 5 , Division 2 , Title 7 of the Government Code : (a) a faithful performance surety in an amount equal to the total estimated cost of work for improvements not to be dedicated to the CITY but, inspected by CITY personnel ; (b) a faithful performance surety equal to the total estimated cost of the work and improvements to be dedicated to the CITY; (c) a labor and materials surety equal . to the total estimated cost of the work and improvements to be dedicated to the CITY securing payment to the contractor , any sub-contractors and persons providing equipment , labor and/or materials for and/or account of such improvements ; and (d) with the said security, DEVELOPER guarantees performance under _ this Agreement and maintenance of the work and improvements for one (1) year after its completion and acceptance against any defective workmanship , materials , or any unsatisfactory performance . 5 . DEVELOPER guarantees that work and improvements shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one (1) year from the CITY' s acceptance of the work and improvements as completed in accordance with the Municipal Code . DEVELOPER agrees to correct , repair or replace at his sole cost and expense any defects in said work and improvements . 6 . Inspection of the work and improvements and/or materials , or approval of work and improvements and/or materials , or ROSAN .AGR 2 87-3f7Tc i ( PROJECT : Final Parcel Map No . 85-306 Rosan Ranch statement by any officer , agent or employee of the CITY indicating that the work and improvements or any part thereofcomplies with the requirements of this Agreement , or acceptance of the whole or any part of the said work and improvements and/or materials , or payments therefor , or any combination of all or these acts , shall not relieve the DEVELOPER of his obligation to fulfill this Agreement as prescribed; nor shall the CITY be thereby estopped from bringing any action for damages arising from failure tocomply with any of the terms and conditions hereof . 7 . DEVELOPER hereby consents to entry on the subdivision property by the CITY and its forces including contractors in the event the CITY proceeds to complete and/or maintain the work and improvements . 8 . The City Engineer for the CITY may make such changes , alterations or additions to the plans and specifications for said work and improvements which do not exceed ten percent (10X) of the total estimated cost set, forth in paragraph 4 above , as may be determined necessary and desirable by the City Engineer for the proper completion of said work and improvements or as required for the safety and welfareof the public and no such changes , alterations or additions shall relieve the DEVELOPER from the faithful performance of this Agreement . 9 . DEVELOPER agrees to complete all of • said work and improvements and to pay all costs specified herein within a period of two (2) years from the date of this Agreement. DEVELOPER may be granted an extension of time due to delay in completion of the work and improvements beyond the time named in •this Agreement for completion of said work and improvements caused by acts of God or by the public enemy , fire or floodnot caused or preventable by DEVELOPER , epidemics , quarantine restrictions , strikes , labor disputes , shortage of materials and freight embargoes , provided that the DEVELOPER shall notify the City Engineer of the causes of the delay within ten (10) calendar days from the beginning of any such delay. The City Engineer shall ascertain the facts and the extent of the delay and his findings thereon shall be final and conclusive . Any such extension of time due to delay shall , however , besubject to all of the terms and conditions of this Agreement , and any surety or other security shall continue in full force and effect until the work and improvements have been accepted by the CITY. 10 . DEVELOPER agrees that CITY may , upon thirty (30) calendar days written notice to DEVELOPER, and at its sole option , at any time after the time for completion has passed, complete , or cause to be completed, all or any part of the said work and improvements , and DEVELOPER shall pay to said CITY, upon demand, all ROSAN .AGR 3 � ; 1. PROJECT : Final Parcel Map No . 85 - 306 Rosan Ranch ' of the cost of any of said work done by the CITY, its agents and contractors , or any of them, to complete, all or any part of said work and improvements . 11 . 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 part of any judgment in such action against the DEVELOPER if such action is determined in favor of the CITY. 12 . CITY, its officers and employees , except for their own acts , shall not be liable or responsible for any accident , loss or damage happening or occurring to the improvements specified in this Agreement prior to thecompletion and acceptance of said improvements by the CITY. 13 . 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 . 14 . . DEVELOPER shall hold CITY, its officers and employees , harmless from, 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(s) , sub- contractor(s) , agent(s) or employee(s) in the performance of this Agreement . 15 . DEVELOPER shall maintain - liability insurance in the amount of $1 , 000 , 000 combined single limit during the course of any construction related to this Agreement , naming the CITY as a co- insured. 16 . DEVELOPER may assign this Agreement to a third party provided •that prior written approval by the CITY is granted. Said CITY approval shall not be unreasonably withheld. In the event of an assignment , all terms and conditions of this• Agreement shall be binding upon all assignees or successors in interest. ROSAN..AGR 4 8T.=397t PROJECT : Final Parcel Map No . 85- 306 Rosan Ranch IN WITNESS WHEREOF, the parties have. executed this Agreement this day 7 of July 1987 . ATTEST: CITY OF SAN JUAN CAPISTRANO B y: i�/�% 6i� 3'4-t. - g y: , .- - �: i MARY ANN ANOVER, City Clerk ANTHONY L LAND , Mayo:: "CITY" APPROVED AS TO FORM: 5By: / . JOH . SHAW, City Attorney (: KAISER DEVELOPMENT COMPANY, a California Corporation • C---------1- I By: )-- 7\-4/\AI RANK W. RICE, JR. Vice President • "DEVELOPER" ROSAN .AGR 5 r9 1( 81vz.-9 !; • PROJECT : Final Parcel Map No . 85- 306 Rosan Ranch STATE OF CALIFORNIA ) ) ss . COUNTY OF SAN DIEGO ) On �l� L.I.A,. ` 1, g 7 , 1987 before me , the undersigned, igned, a Notary Public in an for said State , personally appeared FRANK W. RICE , JR. , personall, known to me or proved to me on the basis of . satisfactory evidence to be the person who executed the within instrument as the Vice President of the Corporation that executed the within instrument and acknowledged to me that such corporation executed the within instrument to its by-laws or a resolution of its board of directors WITNESS y. hand avilio.ff al seal . i ( / .r 0FFfctm.$SAE L - -i a� 4 C:,rol H. Colertl • * .�tCF tN �.i;+�IEdi7•;Or1NTY lag:m IMj' mmfssmCo , 'Exprr83 Feb. i 7, 1 CORPORATE ACKNOWLEDGMENT NO.202 - _.^_, =,-..�./././_/. :,-_ c../ffT,f=,,,c,/_�.11 f_/�1II.l.././.1.1.1././1.rz,s,T, s.c :JiJJ../1J-,::,../. c..c J.e.74 ," - State of California On this the 7th day of July 1987,before me, SS. t County of Orange Cheryl A. Johnson \ the undersigned Notary Public,personally appeared Anthony L. Bland and Mary Ann Hanover \ —�'�� ® personal) known to me ti OFFICIAL SEAL y CHERYL A JOHNSON ❑ proved to me on the basis of satisfactory evidence ,) '` 0,' v NOTARY PUBLIC-CALIFORNIA `ilCz- s� to be the person(s)who executed the within instrument as. • ORANGE COUNTY — municipal a My cc*m. expires NOV 11, 1989 Mayor and City Clerk or on behalf of the(aclorporatroon therein municipp named,and acknowledged to me that the%orporatibn executed it. l , WITNESS my hand and official seal. a 924-S-- Notary's Signa re L--, ..././l J✓./l.!1lJ.1.1Jf.1.J1.1./1.r1.1.11./.1.1.11JJ.rf1.1.1.rr./.lll./lJ./.1.rlJ.1.1�lIJIlJl✓.lflll_/./Y✓lllrllll ..sfJ.l J. -.�./,/' 7120 122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O.Box 4625 • Woodland Hills.CA 91365-4625 ROSAN.AGR 6 • gD NO. 100869980-95-100 • LABOR AND MATERIALS BOND • KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a, municipal corporation of Orange County, California, has awarded to KI/FKLA Rancho Realty, TT r: a Delaware Limited Liability Company , License No. , hereinafter designated as "Principal", a contract for camino Capistrano Street _,_ Improvements WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or Its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety or this bond will pay the same. NOW, THEREFORE, we KI/FKIA Rancho Realty, TIC a Delaware Limited ' ' Liabilii Cnc� y andThe Aetna Casual't; and Surety Company as Surety are held firmly bound unto the City of Sari Juan Capistrano, a municipal corporation, in the penal sum of Seven Hundred Sixty Four Thousand and 00/100 DOLLARS ($ 764,000.00 _ ), lawful money of the United States of Ameria, for payment of which sum well and truly to be made we bind ourselves, our neirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub-contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division .5, Chapter 3 of the Government Code of California as amended, that the Surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorneys fee to be fixed by the court. This bond EXHIBIT 3 . ) shall inure to the benefit of any and all persons, companies end corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the said Surety, !or value received, hereby stipulates arid agrees that no change, extension of time, alteration or modification of the contract documents ar of the work to be performed thereunder 5ha1l In any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed thereunder. As a part of the obligation secured .hereoy, and In addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, Including reascnable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for ail purposes :e deemed at original thereof, have been duly executed by the Principal and Surety herein named on the 21st _ . day of Decker 19 95 . The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. PRINCIPE By '*" Th.- Aetna Casualty and Surety Company • IRETY By • _ �. ,.�... Theresan E. Rowedder, Attorney-in-Fact I APPROVED AS TO FOR • 1 f CITY ATTORNEY Page 2 - Labor ck Materials Bond - - e. \D NO. 100869980-95-100 STATUTORY PTRFORMAiVC` BOND KNOW ALL MEN BY THESE PRESENTS, that KI/FKLA Rancho Realty, LLC a Delaware Limited Liability Company as Principal, hereinafter called CONTRACTOR, and The Aetna Casualty and Surety Ccmpany as Surety, hereinafter caber SURETY, are held and firmly bound unto the City of San Juan Capistrano, as obligee, hereinafter oiled CITY, in the amount of Seven Hundred Sixty Four Thousand and 00/100 Dollars (C 764,000.00 ) for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and-severally, fairly by these presents. WHEREAS, Contractor is required to provide afaithful performance bond pursuant to the statutory requirements of the San Juan Capistrano Municipal Code to guarantee certain work, more particularly described as follows: Camino Capistrano Street Improvements _ _ - _ .. • NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said statutory obligation, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the Principal in.the event of default. BE IT FURTHER RESOLVED, that. L. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, ail to be taxed as costs and included in any judgment rendered. - • I ' { 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of tine, alteration, or modification of statutory obligation, 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, alteration, or modification, or of the work to be performed thereunder. Executed this 21st day of December 19 95 , at Chicago, Illinois , California. Afr AFPRQVED AS T O FORM; (NOTARIZATION AND SEAL) City ttarney.1.Z.S.,JAIL The Aetna Casualty and Surety Company c14.422=1, gOlAkddjj Theresan E. Rowedder, Attorney-in-Fact (NOTARIZATION AND SEAL) Page 2 - STATUTORY PERFORMANCE BOND