03-0530_ITF LIMITED_Surety Agreement (2)0
SURETY AGREEMENT
THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a
municipal corporation, hereinafter referred to as the "City" and ITF, Limited, a California
Limited Liability Company, referred to as "Developer".
WITNESSETH
WHEREAS, City will issue Grading Permit No. 46854 to Developerto construct certain
designated improvements, more particularly described in Exhibit "A" attached and
incorporated herein by reference, which said improvements constitute a portion of that real
property at the location of Tract 10593 Lot 36 APN 673-391-07, commonly referred to as
32241 Peppertree Bend.
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 forthe
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 thatthe 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. Developer's Improvements Obligations. Developer shall, at its sole cost and
expense, provide and furnish all labor, materials and equipment for the installation of
improvements set forth in Exhibit "A". The grading permit and plans, which furtherdefines the
SD
improvements in Exhibit "A", are on file in the office of the City's Building Official, and all
documents referenced in Exhibit "A" are incorporated herein by reference.
2. Developer's Security. Developer shall provide a bond by a duly authorized
corporate surety, with American Motorist's Insurance Company Bond NumberSU 5001248
subject to the approval of the City Attorney, to secure Developer's improvement obligations
required under this agreement.
The amount of the bond shall be $22,888 for that work described in Exhibit "A". This
security of $22,888 shall also serve as security for restoration of the site. Acopyof the surety
instrument, as approved by the City Attorney, is attached as Exhibit "D".
3. Completion of Improvements. To ensure the protection of the public safety,
health and welfare, Developer shall construct the improvements described in Exhibit "A" in
accordance with the schedule as set forth in Exhibit "B", and the conditions as set forth in
Exhibit "C".
4. Developer Default. In the event Developer does not complete the required
improvements, including erosion and siltcontrol measures within the time required, using Best
Management Practices (BMP) in implementing a Water Quality Management Plan in full
compliance with Orange County National Pollutant Discharge Elimination System (NPDES)
Storm Water Implementation Agreement and San Juan Capistrano Municipal Code Section
8-14, or abandons the project site, or suspends work for more than twenty working days other
than previously prescribed, City shall have the right to immediately declare a default and to
make demand on the surety for performance.
5. Restoration of Site. San Juan Capistrano Municipal Code Section 8-2.09
allows the City to require bonding as security to ensure against adverse aesthetic impacts
arising from uncompleted grading, drainage and/or improvements which includes illicit non -
storm drain water discharge. The purpose of this bonding shall be to restore the property to
its original condition if the Developer defaults. This restoration shall include but not be limited
to the following:
A. Dismantle and/or demolish improvements;
B. Grade property to its original contours as shown on the grading plan
referred to in Exhibit "A";
C. Remove all debris and construction materials from the site; and
9 0
D. Install erosion and silt control devices, including hydroseeding, to insure
a uniform vegetative cover, or equivalent stabilization measures which
include the use of such Best Management Practices as blankets, fiber
matrices, catch basin filters, orothererosion resistant soil coverings or
treatments to satisfaction of the Director of Engineering and Building.
6. Attorney's Fees. Developer agrees to pay City such sum as the courtmayjudge
as reasonable forthe legal services of an attorney representing the City in an action brought
to enforce or interpret the obligations of this agreement, and such sum shall be made apart
of anyjudgment in such action against Developer if such action is determined in favor of said
City.
7. Developer's Work in Safe Condition. 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.
8. Liability. 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 Developer, his contractor, subcontractors, agents or
employees in the performance of this agreement.
In witness whereof, the parties have executed this agreement as of
2003at San Juan Capistrano, California.
Developer City of San Juan Capistrano
(
By: Ms. Nanci Glass By: Daniel W. MclFarland
ITF, Limited (Agent) Building Official
Approved as to Form:
By: John Shaw
City Attorne
0
EXHIBIT "A"
Tract 10593 Lot 36
32241 Peppertree Bend
Item 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in
accordance with Grading Permit No. 46854 and the Developer's plans and
supporting documents as listed below:
(A) Grading Plan for 32241 Peppertree Bend, dated December 2, 2002,
prepared byToal Engineering, Inc., Raymond R. Toal (Engineer) , RCE No.
16889.
(B) Geotechnical Report for 32241 Peppertree Bend, dated August 7, 2002,
prepared by Petra Geotechnical, Inc., David Hansen (Engineer) RCE No.
58967.
Item 2: Construction of all on-site improvements in accordance with Grading Permit
No. 46854 and Developer's grading plans referenced in Item 1 above, including, but
not limited to: driveways, parking areas, retaining walls, erosion and silt control,
terrace drains, down drains, sub -drains, area drainage systems, and private storm
drain systems not a part of Developer's Improvement Plans filed with the City
Engineer.
0
EXHIBIT "B"
9
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Completion Date
September 2003
December 2004
Task
Rough Grade Certification
Landscape Irrigation
December 2004 Landscape Planting
0
EXHIBIT "C"
0
CONDITIONS FOR COMPLETION OF IMPROVEMENTS
A. The grading for this project shall be in strict conformance with the grading plans and
related documents as described in Exhibit "A" and Grading Permit No. 46854.
B. Grading operations shall commence within fourteen (14) calendar days after issuance
of Grading Permit No. 46854.
Winter grading will be conducted in strict accordance with the dynamic erosion and silt
control plan submitted bythe Developer, and approved by the City. This erosion and
silt control plan reflects erosion and silt mitigation measures for expected grading
conditions as the work progresses through the winter season and shall not be
amended except with the permission of the City.
In the event Developerdoes notwish to implement winter grading, or permission for
winter grading is rescinded, static erosion and silt control plans reflecting current
conditions of grading shall be submitted within ten (10) days of cessation of work.
These plans shall:
1. Identifyall pollutant sources including sources of sediment that may affect the
quality of storm water discharges associated with the construction activity.
2. Include the erosion and sediment control planting and hydroseeding to insure
a uniform vegetative cover or equivalent stabilization measures which include
the use of such Best Management Practices as blankets, fiber matrices, catch
basin filters or other erosion resistant soil covering or treatments to the
satisfaction of the City Engineer.
C. A sequence plan of grading operations shall be approved by the City prior to the
issuance of any grading permit for this project. Any variation or deviation in the
sequence of operations must be recommended, in writing, bythe supervising civil and
soils engineers and approved by the Building Official prior to performing any work
related to the variation or deviation.
D. The supervising civil engineer and soils engineer shall file biweekly progress reports
of all grading operations with the Building Official. An interim compaction report, for
thatwork completed at the time work is suspended forthe rainy season, shall be filed
with the Building Official. This interim report shall conform to the grading code
requirements for final compaction reports.
E. Contractor shall control dust to the satisfaction of the Building Official or his deputy.
During grading, Contractor shall keep water truck on site and dampen work area,
grounds, and loaded trucks.
F. Grading operations suspended during the rainy season shall be resumed no laterthan
15 days from date of suspension termination.
G. Installation of interim erosion and sediment control devices and systems shall
commence within seven (7) days after rough grade certification has been approved by
the Building Official and must be completed within fifteen (15) days of rough grade
certification. Final erosion and sediment control devices, planting, landscaping and
irrigation systems shall be installed prior to final inspection of the grading permit.
H. All work shall be performed in strict observation of the Hours of Operation in
accordance with San Juan Capistrano Municipal Code Section 8-1.03.
I. Contractor shall adhere to conditions of haul route permit and encroachment permit
issued by the City Engineer.
J. Parking for construction crew is to be on-site.
0
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-10531"
www.sanjuancapistrano.org
July 25, 2007
IA(AAIOIAIfA
• fsuuuAlo � I961
1776
American Motorists Insurance Company
C/o Lou Jones & Associates
PO Box 41375
7470 N. Figueroa Street
Los Angeles, CA 90041
Re: Release of Bond — ITF, Ltd., Bond No. SU5001248
Dear Sir or Madam:
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
THOMAS W. HRSAR
MARK NIELSEN
JOE SOTO
DR. LONDRES USO
The bond listed below for is released as of July 25, 2007, per direction of the City of San Juan
Capistrano, Engineering & Building Director.
BOND NO. SU 5001248 American Motorists Insurance Company
Subdivision Bond — Faithful Performance
Rough grading plan for Peppertree/San Juan Capistrano
Amount: $22,888.00
Property: Tract 10593, Lot 36
The City of San Juan Capistrano hereby fully and forever releases and discharges American
Motorists 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
,MMC
as noted
cc: (Letter copy only)
• American Motorists Insurance Company, 1 Kemper Drive
Long Grove, IL 60049-0001
• ITF, Limited (Nanci Glass, 1421 N. Wanda Road, Ste 160, Orange, CA 92867
• Nasser Abbaszadeh, Engineering & Building Director
San Juan Capistrano: Preserving the Past to Enhance the Future
A
i,, Printed on 100% recycled paper
American Moto risAnsurance Company KemPER.
FIRST TERM PREMIUM FULL Y EARNED
Bond Number: SU 5001248
Premium (Two Years) : $687.00
SUBDIVISION BOND
FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS: That, ITF, Ltd., as Principal, and the AMERICAN
MOTORISTS INSURANCE COMPANY, a corporation organized and existing under the laws of the State of
Illinois and authorized to transact surety business in the State of California as Surety, are held and firmly bound
unto For the Benefit of the City of San Juan Capistrano, as Obligee, in the sum of Twenty Two Thousand
EiEht Hundred Eighty Eight & No/100s DOLLARS ($22,888.00), for which the payment whereof, well and
truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors, and assigns,
jointly and severally, firmly by these presents.
THE Condition of the foregoing obligation is such that, whereas the above bounden Principal has entered into a
contract/agreement, dated / /2003, with the Obligee to do and perform the following work; to wit:
Rough Grading Plan for Peppertree San Juan Capistrano/ Lot No •36 Tract 10593 Job # 10893
NOW, THEREFORE, if the above bounden Principal shall well and truly perform the work contracted to be
performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect.
SIGNED, SEALED, DATED: May 30, 2003
IE
ITT, Ltd.
(Principal)
American Motorists Insurance Cum any
rety)
By:
George Munana, At rney In Fact
RECEIVED
MAY 3 0 2003
BUILDING DIVISION
Subdivision Performance Bond - 08-25-99Aot
DIRECT CORkE40NDENCF TO
In
LOU JONES &ASSOCIATES, PO BOX 41375, 7470 N. FIGUEROA ST., LOS ANGELES, CA 90041
PHONE (323) 257-8291 • FAX (323) 256-7218
Subdivision Performance Bond - 08-25-99Aot
State of California
County of Los Angeles
On NAY 3.8 =
0 -
before me, Regina RangLNotga Public,
NAME, TITLE OF OFFICER
personally appeared George Munana
NAME OF SIGNER
Personally known to me - OR - ❑
7 REGINA RANGEL
comm.81366368 m
Notary Public-CaEftmla W
W COUNTYLOS ANGELES
my comm. Exp. July 6,206'
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 acknowledged to me that
he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity
upon behalf of which the petson(s) acted, executed the
instrument.
ESS my hand and o s 1 se
(SIGNATURE OF OT
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 SURETY DESCRIPTION OF ATTACHED DOCUMENT
❑
• INDIVIDUAL
BOND(S)
❑
CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TTLE(S)
--------------------
❑
PARTNER(S) ❑ LIMITED
NUMBER OR PAGES
❑ GENERAL
ATTORNEY-IN-FACT ,, ,
❑
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR
❑
OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
SIGNER OTHER THAN NAME ABOVE
((Kemper
Insurance Companies
IMPORTANT NOTICE CONCERNING THE TERRORISM RISK
INSURANCE ACT OF 2002
The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the federal government will share,
with the insurance industry, in losses arising out of "acts of terrorism" certified as such by the Secretary of the
Treasury. "Certified acts, of terrorism" are defined as events that cause more than $5 million in losses and:
1. Are violent or dangerous to human life, property, or the infrastructure;
2. Result in damage within the United States, on a United States mission, or to a United States aircraft or vessel;
and
3. Are committed by individuals, acting on behalf of foreign persons or interests, as part of an effort to coerce the
civilian population of the United States or to influence the policies or conduct of the United States
Government,
The Act specifies that coverage for "certified acts of terrorism" must be made available in commercial property and
casualty policies of insurance, and it requires insurers to disclose any applicable premium charges and the federal
share of compensation. We are making these disclosures in strict compliance with the Act.
Disclosure of Availability of Coverage for Terrorism Losses
Coverage for losses resulting from 'certified acts of terrorism" is being made available to you on terms, amounts,
and limitations generally applicable to losses resulting from perils other than acts of terrorism.
Disclosure of Federal Share of Compensation for Terrorism Losses
The federal government will pay a 90% share of an insurer's terrorism losses once the insurer has 'satisfied a
significant aggregate annual deductible. For terrorism losses occurring in 2002; that deductible is 1% of the
insurer's 2001. direct earned premium. For losses occurring in 2003, 2004 and 2005, the annual insurer
deductibles are 7%, 10°/a and 15% of the prior year's direct earned premium, respectively. The Act provides that
neither insurers nor the federal government are responsible for losses associated with "certified acts of terrorism"
once aggregate annual insured losses exceed $100 billion.
Disclosure of Terrorism Insurance Premium
Your Bond premium charge for "certified acts of terrorism" coverage is $ 0,
CR Rn 37 /Fri 14 n9i Dann 1 of 4 A :_ r: n w
POWER OF ATTORNEY
Know All Men By These Presents:
0
That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American
Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of
Illinois, having their principal office in Long Grove, Illinois (hereinafter collectively referred to as the "Company") do
hereby appoint
Jorge Correa , Leah S. Cripe , Michael E Cundiff , George Munana , Raymond E Gail ,
Susan E Morales , Christina A. Clarkson , Lawrence W. Carlstrom and Angelica Bisordi
of Los Angeles , CA (EACH)
♦aaa aaaaaaa as
their true and lawful agent(s) and Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance
of this power for and on its behalf as surety, and as their act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which
guarantees the payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such
bond within the dollar limit of authority as set forth herein.
This appointment may be revoked at any time by the Company.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
Company as fully and amply to all Intents and purposes, as if the same had been duly executed and acknowledged
by their regularly elected officers at their principal office in Long Grove, Illinois.
This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards
of Directors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are
hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect:
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in
writing and filed with the Secretary, or the Secrets ry,,hall have the power and authority to appoint agents and
bulbattorneys-in-fact, and to authorize them t - - o alf of the Company, and attach the seal of the Company
thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature
thereof, and any such officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following
resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called
and held on the 23rd day of February, 1988:
"VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attomey or bond executed pursuant to
resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such
power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall
continue to be valid and binding upon the Company."
FK 09 75 (Ed. 09 01) Page 1 of 2 PrintedInU.S.A.
ITF, Limited
1421 North Wanda Road, Suite 160
Orange, CA 92867-5343
Phone: (714) 997-1998
Fax: (714) 997-9491
May 29, 2003
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
To whom it may concern,
I have authorized Nanci Glass to act as an agent on the behalf of ITF, Limited.
i nomas rvicnoison, nesivam
Extension 120
RECEIVED
MAY 3 0 283
BUILDING DIVISION
CALIFORNIA
S1r
C
C
ACKNOWLEDGEMENT
V -a
,,,o3 before
3
0 /V SG"6l-Sona -
(or proved tome on the basis of satisfactory evidence) to be the person(A
subscribed to the within instrument and acknowledged to me that he/she/
game in his/her/their authorized capacity(, and that by his/her/their
:rumentthe person(i), or the entity upon behalf of which the person(o acted,
,c'. official seal.
(SEAL)
,IC SIGNATURE
SHERYL V. i3RONM
,4COMM. #1325787
NO
< TARY PUBLIC-CMffORNA y
ORANGECWNfY
WyCama Exp. oa 1$ 2005
OPTIONAL INFORMATION
a)CUMENT 'I rP uric2 9� o v LES
..-,I' Sl- /O NUMBER OF PAGES
, N NAMED ABOVE
0 6
MEMORANDUM July 23, 2007
TO: Meg Monahan, City Clerk
FROM: Nasser Abbaszadeh, Building and Engineering Director
SUBJECT: Grading Bond Release, Nicholson Residence
This memorandum is authorization to release the grading bond posted for 32241 Peppertree
Bend. The grading for the project has been completed and the bond can now be released.
The performance bond # SU 5001248 posted from American Motorists Insurance Company
in the amount of $22,888.00 was posted as security. Please find attached a copy of the
Surety Agreement and performance bond for your use. If you have any questions, please
contact me.
Attachment
Contact information:
ITF, Limited (Nanci Glass)
1421 N. Wanda Road Ste 160
Orange, CA 92867
(714) 997-1998
0 0
SURETY AGREEMENT
THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a
municipal corporation, hereinafter referred to as the "City" and ITF, Limited, a California
Limited Liability Company, referred to as "Developer'.
WITNESSETH COPY
WHEREAS, City will issue Grading Permit No. 46854 to Developer to construct certain
designated improvements, more particularly described in Exhibit "A" attached and
incorporated herein by reference, which said improvements constitute a portion of that real
property at the location of Tract 10593 Lot 36 APN 673-391-07, commonly referred to as
32241 Peppertree Bend.
WHEREAS, San Juan Capistrano Municipal Codes Section 8-2.08 requires the
posting of financial securityto secure the faithful performance and laborand materials forthe
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 securityto 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 thatthe 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. Developer's Improvements Obligations. Developer shall, at its sole cost and
expense, provide and furnish all labor, materials and equipment for the installation of
improvements set forth in Exhibit "A". The grading permit and plans, which further defines the
n
u
E
improvements in Exhibit "A", are on file in the office of the City's Building Official, and all
documents referenced in Exhibit "A" are incorporated herein by reference.
2. Developer's Security. Developer shall provide a bond by a duly authorized
corporate surety, with American Motorist's Insurance Company Bond NumberSU 5001248
subject to the approval of the City Attorney, to secure Developer's improvement obligations
required under this agreement.
The amount ofthe bond shall be $22,888 for that work described in Exhibit "A". This
security of $22,888 shall also serve as security for restoration of the site. A copyof the surety
instrument, as approved by the City Attorney, is attached as Exhibit "D". C O PY
3. Completion of Improvements. To ensure the protection of the public safety,
health and welfare, Developer shall constructthe improvements described in Exhibit "A" in
accordance with the schedule as set forth in Exhibit "B", and the conditions as set forth in
Exhibit "C".
4. Developer Default. In the event Developer does not complete the required
improvements, including erosion and silt control measures within the time required, using Best
Management Practices (BMP) in implementing a Water Quality Management Plan in full
compliance with Orange County National Pollutant Discharge Elimination System (NPDES)
Storm Water Implementation Agreement and San Juan Capistrano Municipal Code Section
8-14, orabandons the project site, or suspends work for more than twenty working days other
than previously prescribed, City shall have the right to immediately declare a default and to
make demand on the surety for performance.
5. Restoration of Site. San Juan Capistrano Municipal Code Section 8-2.09
allows the City to require bonding as security to ensure against adverse aesthetic impacts
arising from uncompleted grading, drainage and/or improvements which includes illicit non -
storm drain water discharge. The purpose of this bonding shall be to restore the property to
its original condition if the Developer defaults. This restoration shall include but not be limited
to the following:
A. Dismantle and/or demolish improvements;
B. Grade property to its original contours as shown on the grading plan
referred to in Exhibit "A";
C. Remove all debris and construction materials from the site: and
0
0
D. Install erosion and silt control devices, including hydroseeding, to insure
a uniform vegetative cover, or equivalent stabilization measures which
include the use of such Best Management Practices as blankets, fiber
matrices, catch basin filters, orother erosion resistant soil coverings or
treatments to satisfaction of the Director of Engineeri t ' n �7
�"/
6. Attorney's Fees. Developer agrees to pay City such sum astfLrnou e
as reasonable for the legal services of an attorney representing the City in an action brought
to enforce or interpret the obligations of this agreement, and such sum shall be made apart
of anyjudgment in such action against Developer if such action is determined in favor of said
City.
7, Developer's Work in Safe Condition. 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.
8. Liability. 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 Developer, his contractor, subcontractors, agents or
employees in the performance of this agreement.
In witness whereof, the parties have executed this agreement as of
2003at San Juan Capistrano, California.
Developer
By: Ms. Nanci Glass
ITF, Limited (Agent)
Approved as to Form:
By: John
City)
City of San Juan Capistrano
By: Daniel W. Mc arland
Building Official
0
EXHIBIT "A"
Tract 10593 Lot 36
32241 Peppertree Bend
0
Item 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in
accordance with Grading Permit No. 46854 and the Developer's plans and
supporting documents as listed below: COPY
(A) Grading Plan for 32241 Peppertree Bend, dated December 2, 2002,
prepared byToal Engineering, Inc., Raymond R. Toal (Engineer), RCE No.
16889.
(B) Geotechnical Report for 32241 Peppertree Bend, dated August 7, 2002,
prepared by Petra Geotechnical, Inc., David Hansen (Engineer) RCE No.
58967.
Item 2: Construction of all on-site improvements in accordance with Grading Permit
No. 46854 and Developer's grading plans referenced in Item 1 above, including, but
not limited to: driveways, parking areas, retaining walls, erosion and silt control,
terrace drains, down drains, sub -drains, area drainage systems, and private storm
drain systems not a part of Developer's Improvement Plans filed with the City
Engineer.
0
EXHIBIT "B"
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Completion Date
September 2003
December 2004
Task
Rough Grade Certification
Landscape Irrigation
December 2004 Landscape Planting
COPY
0
EXHIBIT "C"
is
CONDITIONS FOR COMPLETION OF IMPROVEMENTS
A. The grading for this project shall be in strict conformance with the grading plans and
related documents as described in Exhibit "A" and Grading Permit No. 46854.
B. Grading operations shall commence within fourteen (14) calendar days after issuance
of Grading Permit No. 46854. COPY
W inter grading will be conducted in strict accordance with the dynamic erosion and silt
control plan submitted by the Developer, and approved by the City. This erosion and
silt control plan reflects erosion and silt mitigation measures for expected grading
conditions as the work progresses through the winter season and shall not be
amended except with the permission of the City.
In the event Developer does not wish to implement winter grading, or permission for
winter grading is rescinded, static erosion and silt control plans reflecting current
conditions of grading shall be submitted within ten (10) days of cessation of work.
These plans shall:
1. Identify all pollutant sources including sources of sediment that may affect the
quality of storm water discharges associated with the construction activity.
2. Include the erosion and sediment control planting and hydroseeding to insure
a uniform vegetative cover or equivalent stabilization measures which include
the use of such Best Management Practices as blankets, fiber matrices, catch
basin filters or other erosion resistant soil covering or treatments to the
satisfaction of the City Engineer.
C. A sequence plan of grading operations shall be approved by the City prior to the
issuance of any grading permit for this project. Any variation or deviation in the
sequence of operations must be recommended, in writing, bythe supervising civil and
soils engineers and approved by the Building Official prior to performing any work
related to the variation or deviation.
D. The supervising civil engineer and soils engineer shall file biweekly progress reports
of all grading operations with the Building Official. An interim compaction report, for
that work completed at the time work is suspended for the rainy season, shall be filed
& 0
with the Building Official. This interim report shall conform to the grading code
requirements for final compaction reports.
E. Contractor shall control dust to the satisfaction of the Building Official or his deputy.
During grading, Contractor shall keep water truck on site and dampen work area,
grounds, and loaded trucks. 00PI
F. Grading operations suspended during the rainy season shall be resumed no laterthan
15 days from date of suspension termination.
G. Installation of interim erosion and sediment control devices and systems shall
commence within seven (7) days after rough grade certification has been approved by
the Building Official and must be completed within fifteen (15) days of rough grade
certification. Final erosion and sediment control devices, planting, landscaping and
irrigation systems shall be installed prior to final inspection of the grading permit.
H. All work shall be performed in strict observation of the Hours of Operation in
accordance with San Juan Capistrano Municipal Code Section 8-1.03.
I. Contractor shall adhere to conditions of haul route permit and encroachment permit
issued by the City Engineer.
J. Parking for construction crew is to be on-site.
American MotorisAnsurance Compan0 ICemPeR.
FIRST TERM PREMIUM FULLY EARNED
Bond Number: SU 5001248
Premium (Two Years) : $687.00
SUBDIVISION BOND COPY
FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS: That, ITF, Ltd., as Principal, and the AMERICAN
MOTORISTS INSURANCE COMPANY, a corporation organized and existing under the laws of the State of
Illinois and authorized to transact surety business in the State of California as Surety, are held and firmly bound
unto For the Benefit of the City of San Juan Capistrano, as Obligee, in the sum of Twenty Two Thousand
Eight Hundred Eighty Eight & No/100s DOLLARS ($22,888.00), for which the payment whereof, well and
truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors, and assigns,
jointly and severally, firmly by these presents.
THE Condition of the foregoing obligation is such that, whereas the above bounden Principal has entered into a
contract/agreement, dated / /20031 with the Obligee to do and perform the following work; to wit:
Rough Grading Plan for Peppertree San Juan Capistrano/ Lot No.:36, Tract 10593, Job # 10893
NOW, THEREFORE, if the above bounden Principal shall well and truly perform the work contracted to be
performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect.
SIGNED, SEALED, DATED: May 30, 2003
ITF, Ltd.
(Principal)
M
American Motorists Insurance Com any
rety)
By:
George Mumma, Auhnney In Fact
RECEIVED
MAY 3 0 2003
BUILDING DIVISION
DIRECT CORRESPONDENCE TO:
In LOU JONES & ASSOCIATES, PO BOX 41375, 7470 N. FIGUEROA ST., LOS ANGELES, CA 90041
PHONE (323) 257-8291 • FAX (323) 256-7218
Subdivision Performance Bond - 08-25-99.dot
L
CALTFORNIAALL-PiJRPOSfiACRNOIbEDGMENT` _',
State of California
County of Los Angeles
SAY 30M On before me, Bevina FaneLNotga Public
NAME, TITLE OF OFFICER
personally appeared George Munana
NAME OF SIGNER
0 Personally known to me - OR - ❑
i?Ei C }J s7 E.+SEL
In
61-1y1 • i Notny C-: sn!a CA
W ' - - " f lin 3�Si9'_ES Ci)ifR4TY �
Cei,tm. Fzp..icfydG, 200G
C (D 1FD1 y
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 acknowledged to me that
he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the
instrument.
ESS my hand and o 'se
.
(SIGNATURE OF OT
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 SURETY DESCRIPTION OF ATTACHED DOCUMENT
❑
INDIVIDUAL
BOND(S)
❑
CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TTLE(S)
--------- I
PARTNER(S) ❑ LIMITED
NUMBER OR PAGES
❑ GENERAL
ATTORNEY-IN-FACT
❑
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR
❑
OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
American Motorists Insurance Compan
Lumbermens Mutual Casualty Compmy SIGNER OTHER THAN NAME ABOVE
American Manufacturers Mutual Insurance Company
Lou Jones & Associates
0 0
((Kemper.
Insurance Companies
IMPORTANT NOTICE CONCERNING THE TERRORISM RISK
INSURANCE ACT OF 2002
The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the federal government will share,
with the insurance industry, in losses arising out of "acts of terrorism" certified as such by the Secretary of the
Treasury. "Certified acts of terrorism" are defined as events that cause more than $5 million in losses and:
1. Are violent or dangerous to human life, property, or the infrastructure;
2. Result in damage within the United States, on a United States mission, or to a United States aircraft or vessel;
and
3. Are committed by individuals, acting on behalf of foreign persons or interests, as part of an effort to coerce the
civilian population of the United States or to influence the policies or conduct of the United States
Government.
The Act specifies that coverage for "certified acts of terrorism" must be made available in commercial property and
casualty policies of insurance, and it requires insurers to disclose any applicable premium charges and the federal
share of compensation. We are making these disclosures in strict compliance with the Act.
Disclosure of Availability of Coverage for Terrorism Losses
Coverage for losses resulting from "certified acts of terrorism" is being made available to you on terms, amounts,
and limitations generally applicable to losses resulting from perils other than acts of terrorism.
Disclosure of Federal Share of Compensation for Terrorism Losses
The federal government will pay a 90% share of an insurer's terrorism losses once the insurer has satisfied a
significant aggregate annual deductible. For terrorism losses occurring in 2002, that deductible is 1% of the
insurer's 2001 direct earned premium. For losses occurring in 2003, 2004 and 2005, the annual insurer
deductibles are 7%, 10% and 15% of the prior year's direct earned premium, respectively. The Act provides that
neither insurers nor the federal government are responsible for losses associated with "certified acts of terrorism"
once aggregate annual insured losses exceed $100 billion.
Disclosure of Terrorism Insurance Premium
Your Bond premium charge for "certified acts of terrorism" coverage is $ 0.
CR Rn 47 MA 44 n0\ 0+....4-9A n._._..........
0
Know All Men By These Presents:
0
POWER OF ATTORNEY
That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American
Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of
Illinois, having their principal office in Long Grove, Illinois (hereinafter collectively referred to as the "Company") do
hereby appoint
Jorge Correa , Leah S. Cripe , Michael E Cundiff , George Munana , Raymond E Gail ,
Susan E Morales , Christina A. Clarkson , Lawrence W. Carlstrom and Angelica Bisordi
of Los Angeles , CA (EACH)
.............
COPY
their true and lawful agent(s) and Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance
of this power for and on its behalf as surety, and as their act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which
guarantees the payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such
bond within the dollar limit of authority as set forth herein.
This appointment may be revoked at any time by the Company.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged
by their regularly elected officers at their principal office in Long Grove, Illinois.
This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards
of Directors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are
hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect:
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in
writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and
attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company
thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature
thereof, and any such officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following
resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called
and held on the 23rd day of February, 1988:
"VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to
resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such
power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall
continue to be valid and binding upon the Company."
FK09 75 (Ed. 09 01) Page 1 of 2 Printed in U.S.A.
In Testimony Whereof, the Comift has caused this instrument to be siand their corporate seals to be
affixed by their authorized officergMs October 23, 2002.
Attested and Certified: Lumbermens Mutual Casualty Company
American Motorists Insurance_ Company
American Manufacturers Mutual Insurance Company
e
S� r• ��P� Fcsrossn y � iFil
a
oh K. Conway, Corpor a Secretary Gary J. ly, Ynior Vice Pres' t
STATE OF ILLINOIS SS COPY
COUNTY OF LAKE SS
I, Maria I. Omori, a Notary Public, do hereby certify that Gary J. Tully and John K. Conway personally known to
me to be the same persons whose names are respectively as Senior Vice President and Corporate Secretary of the
Lumbermens Mutual Casualty Company, the American Motorists insurance Company, and the American
Manufacturers Mutual Insurance Company, Corporations organized and existing under the laws of the State of
Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged
that they being thereunto duly authorized signed, sealed with the corporate seals and delivered the said instrument
as the free and voluntary act of said corporations and as their own free and voluntary acts for the uses and
purposes therein set forth.
Q
AL SEAL" I. OMORI, STATE Or ILLINOIS EXPI09/17 2003
CERTIFICATION
l alllC J, OT" 6,u
Maria I. Omori, Notary Public
My commission expires 9,-17-03
I, J. K. Conway, Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists
Insurance Company, and the American Manufacturers Mutual Insurance Company, do hereby certify that the
attached Power of Attorney dated October 23, 2002 on behalf of the person(s) as listed above is a true and correct
copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the
date of this certificate; and I do further certify that the said Gary J. Tully, who executed the Power of Attorney as
Senior Vice President, was on the date of execution of the attached Power of Attorney the duly elected Senior Vice
President of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the
American Manufacturers Mutual Insurance Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seat of the Lumbermens
Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual
1
Insurance Company on this day of Jo _a_a 20 -,20
9@e--
�
Joh K. onYCorporate cretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named
therein and they have no authority to bind the Company except in the manner and to the extent herein stated.
Home Office: Long Grove, IL 60049
FK 09 75 (Ed. 09 01) Page 2 of 2 Printed in U.S.A.
0
ITF, Limited
1421 North Wanda Road, Suite 160
Orange, CA 92867-5343
Phone: (714) 997-1998
Fax: (714) 997-9491
May 29, 2003
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
To whom it may concern,
I have authorized Nanci Glass to act as an agent on the behalf of ITF, Limited.
Thomas Nicholson, President
Extension 120
1
RECEIVED
MAY 3 0 203
BUILDING DIVISION
CALIFORNIA
STATE OF CALIFORNIA ) (( MLEDO
COUNTY OF n L' A n O C ) "V
On MA-, 3o, zco3 before
DATE
personally appeared, wmAs Q Nzcv o�so J
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s')
whose name($)is/are subscribed to the within instrument and acknowledged to me that he/she/
they executed the same in his/her/their authorized capacity(ips), and that by his/her/their
signature(s) on the instrument the person(g), orthe entity upon behalf of which the person) acted,
executed the instrument.
8HERYLV. BROWN
WITNESS my hand and official seal. .: �c M. #1325787
Y ORANGE OOINTI
My comm Exp. Od It 2005
Z!2? (SEAL)
NOTARY PUB] SIGNATURE
OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT T lu f u✓ti2�T* o v cc
DATE OF DOCUMENT S /2':� / O -!�, NUMBER OF PAGES
SIGNER(S) OTHER THAN NAMED ABOVE
0
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493.1053 PAx
www.sanjuancapistrano.org
July 30, 2007
American Motorists Insurance Company
1 Kemper Drive
Long Grove, IL 60049-0001
Re: Release of Bond — ITF Ltd., Bond No. SU5001248
Dear Sir or Madam:
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
THOMAS W. HRIBAR
MARK NIELSEN
JOE SOTO
DR. LONDRES USO
The bond listed below for is released as of July 25, 2007, per direction of the City of San Juan
Capistrano, Engineering & Building Director.
BOND NO. SU 5001248 American Motorists Insurance Company
Subdivision Bond — Faithful Performance
Rough grading plan for Peppertree/San Juan Capistrano
Amount: $22,888.00
Property: Tract 10593, Lot 36
The City of San Juan Capistrano hereby fully and forever releases and discharges American Motorists
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,
Meg nah n, MMC
City Jerk
En os s as noted
cc: (Letter copy only)
• ITF, Limited (Nanci Glass, 1421 N. Wanda Road, Ste 160, Orange, CA 92867
• Nasser Abbaszadeh, Engineering & Building Director
PS: Attempt to return the original bond c/0 Lou Jones & Associates, PO Box 41375, 7470 N. Figueroa
St, Los Angeles, CA 90041 — fail. It was returned "No Forwarding Address Provided." Therefore, this
original bond is being returned directly to American Motorists Insurance Company.
San Juan Capistrano: Preserving the Past to Enhance the Future
�, Printed on 100% retycled paper
American Motors Insurance Compaly ICemPeR.
FIRST TERM PREMIUM FULL YEARNED
Bond Number: SU 5001248
Premium (Two Years) : $687.00
SUBDIVISION BOND
FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS: That, ITF, Ltd., as Principal, and the AMERICAN
MOTORISTS INSURANCE COMPANY, a corporation organized and existing under the laws of the State of
Illinois and authorized to transact surety business in the State of California as Surety, are held and firmly bound
unto For the Benefit of the City of San Juan Capistrano, as Obligee, in the sum of Twenty Two Thousand
Eight Hundred Eighty Eight & No/100s DOLLARS ($22,888.00), for which the payment whereof, well and
truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors, and assigns,
jointly and severally, firmly by these presents.
THE Condition of the foregoing obligation is such that, whereas the above bounden Principal has entered into a
contract/agreement, dated / /2003, with the Obligee to do and perform the following work; to wit
Rough Grading Plan for Peppertree San Juan Capistrano/ Lot No.:36, Tract 10593, Job # 10893
NOW, THEREFORE, if the above bounden Principal shall well and truly perform the work contracted to be
performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect.
SIGNED, SEALED, DATED: May 30, 2003
I1
ITT, Ltd.
(Principal)
American Motorists Insurance Cum any
ety;
By:
George Munana, AftKrney In Fact
1-1
RECEIVED
MAY 3 0 2003
BUILDING DIVISION
Subdivision Performance Bond - 08-25-99 dot
DIRECT COR ONDENCE TO:
In
LOU JONES & ASSOCIATES, PO BOX 41375, 7470 N. FIGUEROA ST., LOS ANGELES, CA 90041
PHONE (323) 257-8291 • FAX (323) 256-7218
Subdivision Performance Bond - 08-25-99 dot
State of California
County of Los Angeles
On Mir Sim
before me, Regina RanZLNot4a Public
NAME, TITLE OF OFFICER
personally appeared George Munana
NAME OF SIGNER
Personally known to me - OR - We
REGINA RANGELCOMM. #1366369 - M
NotryPuW(aLOS ANGELES COUNTY
My Comm. Exp. July 26, 2066
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 acknowledged to me.that
he/she/they executedthe same in his/her/their
authorized capacity(ies), and that by his/het/their
signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the
instrument.
ESS my hand and o 1 se
(SIGNATURE OF OT
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 SURETY
❑ INDIVIDUAL
❑ CORPORATE OFFICER
=E(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
:., .,. u..,
•n-. :• LL. .. � U.t-, a .. t. •n•:e
DESCRIPTION OF ATTACHED DOCUMENT
BOND(S)
OR TYPE OF DOCUMENT
NUMBER OR PAGES
DATE OF DOCUMENT
SIGNER OTHER THAN NAME ABOVE
a
(Kemper
Insurance Companies
IMPORTANT NOTICE CONCERNING THE TERRORISM RISK
INSURANCE ACT OF 2002
The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the federal government will share,
with the insurance industry, in losses arising out of "acts of terrorism" certified as such by the Secretary of the
Treasury. "Certified acts of terrorism" are defined as events that cause more than $5 million in losses and:
1. Are violent or dangerous to human life, property, or the infrastructure;
2. Result in damage within the United States, on a United States mission, or to a United States aircraft or vessel;
and
3. Are committed by individuals, acting on behalf of foreign persons or interests, as part of an effort to coerce the
civilian population of the United States or to influence the policies or conduct of the United States
Government.
The Act specifies that coverage for "certified acts of terrorism" must be made available in commercial property and
casualty policies of insurance, and it requires insurers to disclose any applicable premium charges and the federal
share of compensation. We are making these disclosures in strict compliance with the Act.
Disclosure of Availability of Coverage for Terrorism Losses
Coverage for losses resulting from 'certified acts of terrorism" is being made available to you on terms, amounts,
and limitations generally applicable to losses resulting from perils other than acts of terrorism.
Disclosure of Federal Share of Compensation for Terrorism Losses
The federal government will pay a 90% share of an insurer's terrorism losses once the insurer has satisfied a
significant aggregate annual deductible. For terrorism losses occurring in 2002, that deductible is 1 % of the
insurer's 2001 direct earned premium. For losses occurring in 2003, 2004 and 2005, the annual insurer
deductibles are 7%, 10% and 15% of the prior years direct earned premium, respectively. The Act provides that
neither insurers nor the federal government are responsible for losses associated with 'certified acts of terrorism"
once aggregate annual insured losses exceed $100 billion.
Disclosure of Terrorism Insurance Premium
Your Bond premium charge for "certified acts of terrorism" coverage is $ 0.
CR Rn 37 /Frl 11 091 Dann 1 of 1 o.:..a.,.a :— . I o .
0
POWER OF ATTORNEY
Know All Men By These Presents:
That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American
Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of
Illinois, having their principal office in Long Grove, Illinois (hereinafter collectively referred to as the "Company") do
hereby appoint
Jorge Correa , Leah S. Cripe , Michael E Cundiff , George Munana , Raymond E. Gail ,
Susan E Morales , Christina A. Clarkson , Lawrence W. Carlstrom and Angelica Bisordi
of Los Angeles , CA (EACH)
their true and lawful agent(s) and Attomey(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance
of this power for and an its behalf as surety, and as their act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which
guarantees the payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such
bond within the dollar limit of authority as set forth herein.
This appointment may be revoked at any time by the Company.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged
by their regularly elected officers at their principal office in Long Grove, Illinois.
This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards
of Directors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are
hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect:
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in
writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and
attorneys -in -fact, and to authorize them tt�'fi"cjDfj onaalf of the Company, and attach the seal of the Company
thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature
thereof, and any such officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following
resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called
and held on the 23rd day of February, 1988:
"VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to
resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such
power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall
continue to be valid and binding upon the Company."
FK 09 75 (Ed. 09 01) Page 1 of 2 Printed in U.S.A.
ITF, Limited
1421 North Wanda Road, Suite 160
Orange, CA 92867-5343
Phone: (714) 997-1998
Fax: (714) 997-9491
May 29, 2003
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
To whom it may concern,
I have authorized Nanci Glass to act as an agent on the behalf of ITF, Limited.
7
T,nha k y u,
Thomas Nicholson, President
Extension 120
1
RECEIVED
MAY 3 0 M3
BUILDING DIVISION
CALIFORNIA
STATE OF CALIFORNIA
COUNTY OF n a H ny oC )
On MAi 30, zoo3 before me, :f5he2-IL- V • 6e'oW'j 1 /�1mn2y drU3� ,
DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC"
personally appeared, 0. Nrc�o o
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(ois/are subscribed to the within instrument and acknowledged to me that he/she/
they executed the same in his/her/their authorized capacity(iGS), and that by his/her/their
signature($) on the instrument the person(i), or the entity upon behalf of which the person acted,
executed the instrument.
w+• SHERYLV. BROWN
WITNESS my hand and official seal. > „ RCKARCOMM.Pl�� <
'. aaNCEoounrr
My comm Ery. oa it 2005'
-�
' (SEAL)
NOTARY PUBL SIGNATURE
OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT L C-T-l-,Ee
DATE OF DOCUMENT 5 /Z q / D T, NUMBER OF PAGES
SIGNER(S) OTHER THAN NAMED ABOVE