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07-0131_JOHN LAING HOMES AKA WL HOMES_Retention Release32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493.1171 (949) 493-1053 FAx www.saiijua7icapisti,ano.org November 4, 2008 /, — MEMBERS OF THE GITY CO€JNCtL ONRUSH ED L ' E�t�gP019tEB SAM AL.LEVATO THOMAS W. HRIBAR MARK NIELSEN 1776 JOE SOTO p ° OR, L.ONDRES USO Bond Safeguard Insurance Company 1919 S. Highland Ave. Bldg A, Ste 300 Lombard, IL 60148 Re: Release of Bonds: Dear Sir or Madam: This letter is to inform you that the following bonds issued for WL Homes LLC (DBA John Laing Homes) are officially released as of November 4, 2008: BOND NO. PURPOSE AMOUNT 50 4765 Belle Cliff — Tract 16749 -precise grading 14,493.0 E 5026516 Blue Harbor/Phase 2 -Tract 16750 Grading permit B07-0642 9,097.50 The City of San Juan Capistrano hereby fully and forever releases and discharges Bond Safeguard Insurance Company from any and all liability under the abovementioned bond numbers. The original — released — documents are enclosed. If you have any questions, please do not hesitate to call me at (949) 443-6308. Very truly yours, M Mo han, MMC ity Clerk f Enclosures as noted cc: (Letter copy only) John Laing Homes, 19520 Jamboree Rd, Ste 400, Irvine, CA, 92612, Attn : Rick Puffer, Nasser Abbaszadeh, Engineering & Building Director San Juan Capistrano: Preserving the Past to Enhance the Future 0 Printed on 100 recyded paper PERFORMANCE BOND POND ISSUED IN TRIPLICATE .BOND NUMBER: 5024755 PREMIUM:$109.00 KNOW ALL MEN BY THESE PRESENTS, that WL HOMES LLC, A DELAWARE LIMITED LIABILITY COMPANY DBA JOHN LAING HOMES ,as principal (hereinafter called "contractor and BOND SAFEGUARD INSURANCE COMPANY as Surety (hereinafter called "Surety") are held and firmly bound unto the City of San Juan Capistrano,. as oblige (hereinafter called "city„) in the amount of FOURTEEN THOUSAND FOUR HUNDRED NINETY-THREE & NO/1O0--- Dollars ($ 14, 493 . oo---- ) for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, fairly by these presents. WHEREAS, contractor has, by written agreement dated entered into a (describe agreement): BELLE CLIFF - TRACT 15749 PRECISE GRADING which contact is, by reference, made a part Hereof. NOW, THEREFORE, the . condition of this obligation is such that, if contractor shall promptly and faithfully perform said agreement 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 Contractor in the event of default. BE IT FURTHER RESOLVED, that: i. 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 the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, or extension of time,,alteration, car modification of the contract documents, or of the work to be performed thereunder, shall in any affect its obligation or this bond, and it does hereby waive the notice of any such change, extension of time, alteration or modification of the contract documents or of rk th performed thereunder.y I,- ° �� () f l r Date Executed this At ORANGE 29TH day of JANUARY 20 07 , California. APPROVED AS TO FORM: John F haw, City Attorney 2 WL HOMES LLC, A DELAWARE LI DBA JOHN LAIN N LIABILITY COMPANY NCIPAL (NOTARIZATION AND SEAL) BOND SAFEGUARD INSURANCE. COMPANY SURETY BY: (NOT IA ATl N AND SEAL) D.J. PICARD, ATTORNEY--IIS--FACT CALIFORNIA ALL-PURPOSE ..CKNOWLEDGMENT State of CALIFORNIA County of ORANGE r On JANUARY 29, 2007 before me, CYNTHIA S. WOZNEY, NOTARY PUBLIC DATE NAME, TITLE OF OFFICER -E.G„'JANE DOE, NOTARY PUBLIC” personally appeared D.J. PICARD . .........._. NAMEIS) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), C'°r��T EIA, z �", _. I or the entity upon behalf of which the p°person(s) acted, executed the instrument. �� r�C.3iF4��4wfn,)` 'rSd-"i14sh, _f ��{ rr�, i "� WITNESS my hand a9dofficial seal. IGNATURE OF NOTA Y OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNED ❑ INDIVIDUAL ❑ CORPORATE OFFICER TM-E(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ ©TREK: SIGNER IS REPRESENTING: NAME OF PERSON($) OR ENTr Y(IES) BOND SAFEGUARD INSURANCE COMPANY 2 DESCRIPTION OF ATTACHED DOCUMENT ERFORMANCE BOND/PRECISE GRADING TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES JANUARY 29, 2007 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califor is ss. County of ' O a'� before me, JA/0' _ Date Name and Title of Offloer (E.g., "Jane Doe, Notary f'ubijC"} personally appeared _ ✓� �i�d Na,I1B(5} P' personally known to me D proved to me on the basis of satisfactory evidence L3Af�fifG4 DiA� Commission # 1451904 womi Cram County 91MV Comm. bOm 118, 2007 to be the personUo whose narne(g� is/aro subscribed to the within instrument and acknowledged to me that he/s46/tidy executed the same in hislhXltWr authorized capacity(iV.), and that by his/hg4thW signature(5ofon the instrument the person(e, or the entity upon behalf of which the person(sr) acted, executed the instrument. WITNESS my hand and off ieiat seal. S',gna ur of Natzr yWic OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or'Type of Document:34 � r %lP 7261 °rk Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: P t._i Individual [ Top of thurrih hero ❑ Corporate Officer --- Titie(s): ❑ Partner — ❑ Limited ❑ General- ❑ Attorney -in -f=act ❑ Trustee * Guardian or Conservator ❑ Other: € Signer Is Representing: C9 1999 National Notary Assocmbor, • 9350 De Sato Ave„ F.O. Box 2402, Cha'Bworlh, CA W13 -M2 " www, nationalnctary.org . Prod, N..5907 Reorder: Cali TOEI-Free 1-800-875-6827 POWER OF ATTORNEY a© -24389 ,, idondfe uar.(. INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its principal office in Lombard, Illinois, does hereby constitute and appoint: D.J. Picard, Todd M. Rohm, Sejal P. Lange, ****** ** Cathy S. Kennedy, Beata A. Sensi, Cynthia S. Wozney its true and lawful Attomey(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney -In -f=act to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory In nature of a bond, $ 3,000,000.00 Three million dollars *•*'* �" *•**" #** "****&**********'*******************�** awwwwwwww�wwwwwwww*w**wwtwww�wwwdrrcww:r*,cww;.xw:ra,r:cxrr,rx:t�.x,�x xw+ire*i.*x�wsww:vawawww:rxwaNrc:rww*a:tww,rwr.*ww,o-w:rtwwwwwwwwwwww:r xwww:r,r,rwwwwwwwwx:e*ww which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attomey-in-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In -Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or Certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 7th day of November, 2001 J�Rp 1NSU�M ��� eF�o BOND SAFEGUARD INSURANCE COMPANY q AN S ILLINOIS q 0 INSURANCE Z COMPANY _ BY David E. Campbell President ACKNOWLEDGEMENT On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. "OFFICIAL SEAL" y� LYDIA J. DEJONG J, Notary Public, State of Illinois c My Commission Expires 1112/07 Lydia J. DeJong Notary Public CERTIFICATE I, the undersigned, Vice President of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Lombard, Illinois this 29TH Day of JANUARY 20 a �J�pD 1NSUR., Q AN ro ___ua•a,L7�' Vim,' 12.L! /`-�LC'�' 1.�.1-1 il/1 n L INals z Donald D. Buchanan ED INSURANCE .� COMPANY Secretary MEMORANDUM TO: Meg Monahan, City Clerk FROM: Nasser Abbaszadeh, Public Works Director SUBJECT: Grading Bond Release, Belle Cliff — Tract 16749 October 30, 2008 This memorandum is authorization to release the grading bonds posted for Tract 16749 — Belle Cliff. The grading for the project has been completed and the bonds can now be released. The performance bond # 5024765 posted from Bond Safeguard in the amount of $14,493. If you have any questions, please contact me. Attachments Contact information: Rick Puffer John Laing Homes 19520 Jamboree Road, Ste. 400 Irvine, CA 92612 949-732-0913 THIS AGREMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation, hereinafter referred to as the "City" and John Laing domes a Limited Liability Company (General , Partnership, Limited Partnership, California Corporation, etc.) referred to as "Developer". WITNESSETH WHEREAS, City will issue a Grading Permit to Developer to construct certain designated improvements which constitute a portion of that real property at the iocation.of Tract 16749 commonly referred to as Belle Cliff WHEREAS, San Juan Capistrano Municipal Codes Section 8-2.08 requires the posting of financial security to secure the faithful performance and labor and materials for the grading and installation of improvements connected with issuance of grading permits including the construction of drainage and protection devices and any other corrective work to remove and eliminate engineering and geological hazards. WHEREAS, San Juan Capistrano Municipal Code Section 8-2.09 authorizes the Building Official to require additional bonding as security to ensure against adverse aesthetic impacts arising from incomplete grading and/or improvements from development projects which have not been completed. WHEREAS, the Building Official finds that the proposed project site is highly prominent and visible to the community, has unique topographic features or involves substantial grading of. slope areas. NOW, THEREFORE, in consideration of the premises and promises hereinafter contained, City and Developer agree as follows: 1. Develo erIm rovements Obligations, Developer shall, at its sole cost and expense, provide and furnish all labor, materials and equipment for the construction of grading improvements as approved by the City Engineer. The grading permit and plans which describe all the work to be constructed per this agreement are on file in the office of the City's Building Official, n i�