00-0117_PH - SJ LCC_Surety Agreement0 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 PH -SJ, LLC., a California Limited
Liability Corp., referred to as "Developer".
WITNESSETH
WHEREAS, City will issue Grading Permit No. 41435 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 Rancho Viejo Road, San Juan Capistrano, commonly referred to as Tract No. 15771.
WHEREAS, San Juan Capistrano Municipal Code Section 8-3.05 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.
WHEREAS, San Juan Capistrano Municipal Code Section 8-3.06 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. 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 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.
0 0
2. Developer's Security. Developer shall provide a bond by a duly authorized corporate
surety subject to the approval of the City's City Attorney, to secure Developer's improvement
obligations required under this agreement.
The amount of the bond shall be $33,450.00 for that work described in Exhibit "A". This
security of $33,450.00 shall also serve as security for restoration of the site. A copy of 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 -control measures within the time required, 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 8-3.06 allows the
City to require bonding as security to ensure against adverse aesthetic impacts arising from
uncompleted grading and/or improvements. The purpose of this bonding shall be to restore the
property to its original condition if the Developer defaults. This restoration shall include:
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
D. Install erosion control, including hydroseeding, to the satisfaction of the
Building Official.
6. Attorney's Fees. Developer agrees to pay City such sum as the court may adjudge 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 a part of any judgment in
such action against Developer if such action is determined in favor of said City.
0
0
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 January 17, 2000,
at San Juan Capistrano, California.
Developer
City of San Juan Capistrano
IAM*
By: Daniel W. McFarland
Managing Member of PH-SJ,LLC
Approved as to Form:
By: Joh haw
City Attorney
Building Official
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EXHIBIT "A"
Summer Walk
Item 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in
accordance with Grading Permit No. 41435 and the Developer's plans and supporting
documents as listed below:
(A) Grading Plan for Summer Walk, Tract 15771, dated December 15, 1999, prepared
by A.R. S., Alan Short, Engineer, RCE No. 30873.
(B) Geotechnical Report for Summer Walk, Tract 15771, dated December 15, 1999,
prepared by Norcal Engineering, Keith Tucker, Engineer, No. RGE 841.
Item 2: Construction of all on-site improvements in accordance with Grading Permit No. 41435
and Developer's grading plans referenced in Item 1 above, including, but not limited to:
driveways, parking areas, retaining walls, terrace drains, down drains, subdrains, area
drainage systems, and private storm drain systems not a part of Developer's Improvement
Plans filed with the City Engineer.
E
EXHIBIT "B"
0
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Completion Date
February 18, 2000
March 18, 2000
Task
Rough Grade Certification
Landscape Irrigation
April 18, 2000 Landscape Planting
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EXHIBIT "C"
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. 41435.
B. Grading operations shall commence within fourteen (14) calendar days after issuance of
Grading Permit No. 41435.
Winter grading will be conducted in strict accordance with the dynamic erosion -control plan
submitted by the Developer, and approved by the City. This erosion -control plan reflects
erosion 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 -control plans reflecting current conditions of grading shall
be submitted within ten (10) days of cessation of work. These plans shall include erosion -
control planting as required by the City.
C. 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 with the Building
Official. This interim report shall conform to the grading code requirements for final
compaction reports.
D. 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.
E. Grading operations suspended during the rainy season shall be resumed no later than 15 days
from date of suspension.
F. Developer shall provide approved on-site archaeological monitor during all phases of grading
and foundation excavation and submit a final archaeological report to the City upon
completion of the grading.
G. Installation of interim erosion -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 -control
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 8-107.
1. 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.
THE
GROUP
February 5, 2001
CITY OF SAN JUAN CAPISTRANO
324 PASEO ADELINTO
SAN JUAN CAPISTRANO, CA 92675
RE: Bond Number: 8154275
Principal Name: PH SJ L L C
Dear Obligee:
0
RECEIVED
Fee 12 3 27 PM '01
CITY CLERK
OEPAPTHENT
C;,y OF iAN
JUAN CA°ISTRANO
You have recently received a letter regarding the merger of Developers Insurance
Company (RICO) into Developers Surety and Indemnity Company (DSI). The merger
was effective December 29, 2000, at which time all active DICO bonds, including yours,
referenced above, were automatically transferred into the name of DSI. Please accept
this letter and the attached Merger Endorsement as an additional legal notice of the
merger.
As approved within the merger agreement, please use the attached Merger Endorsement
as the official notice for the transfer of bonded liability from DICO to DSI for all of the
listed active bonds. If this letter and endorsement are not sufficient vehicles of
notification of the merger, please contact our Service Department at 800-782-1546 to
request further information.
Thank you for your cooperation during our merger process.
Sincerely,
David H. Rhodes
Executive Vice President
Chief Underwriting Officer
Insco Insurance Services, Inc. • CA Ge. 0403172
17780 Fitch • Suite 200 • Irvine, CA 92614 • (800) 782-1546 • (949) 263-3300 • Fax (949) 252-1955 • htm://w .InscoDico.com
Underwriting Manager for:
Developers Surety and Indemnity Company • Indemnity Company of California
0
MERGER ENDORSEMENT
In accordance with the merger of Developers Insurance Company with and into Developers
Surety and Indemnity Company, effective the 29th day of December, 2000, your insurance
company is now Developers Surety and Indemnity Company (the "Company"). The address of
the Company's administrative office is:
17780 Fitch, Ste. 200
Irvine, California 92614
No terms, conditions or benefits of your bond have changed. All servicing of your bond will be
done by the Company or its affiliated representatives.
Please keep this endorsement with your bond. If you have any questions, you may write the
Company at the above address.
President 01Secretary
0
MEMORANDUM
TO: Meg Monahan, City Clerk
0
FROM: Nasser Abbaszadeh, Building and Engineering Director /if � Pr
SUBJECT: Grading Bond Release, Summer Walk (The Olson Company)
May 25, 2005
This memorandum is authorization to release the grading bond posted for Tract 15771,
Summer Walk. The grading for the project has been completed and the bond can now be
released.
A Performance Bond posted with Developers Insurance Company., Bond Number
815427S, was posted as security for the bond. A copy of the Surety Agreement and
Performance Bond is attached for your information. If you have any questions, please
contact me.
Attachment
cc: file
0
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
www. sanjuancapistrano. org
June 6, 2005
5°� rJn
IkA
IA[AAAAAAifA
fsfRUSH lo � 1961
1776
Developers Surety and Indemnity Company
17780 Fitch, Suite 200
Irvine, CA 92614
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE BATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
Re: Release of Bonds — Grading Bond, Summer Walk, Grading Permit No. 41435 (PH -SJ, LLC
Dear Sir or Madam:
Nasser Abbaszadeh, Engineering & Building Director, requested release of a grading bond posted
for Tract 15771, Summer Walk. The bond was originally issued by Developers Insurance
Company, which was merged into Developers Surety and Indemnity Company, effective December
29, 2000. According to this action, the following original bond is enclosed and officially released as
of June 6, 2005.
BOND NO. PURPOSE AMOUNT
815427S Statutory Performance Bond $33,450.00
The City of San Juan Capistrano hereby fully and forever releases and discharges Developers
Surety and Indemnity Company from any and all liability under the abovementioned bond number.
The original — released — document is enclosed. If you have any questions, please do not hesitate
to call me at (949) 443-6308.
Very truly your ,
Meg Nogah, CMC
En
cc: (Letter copy only)
PH-SJC, LLC ( c/o The Olson Company, 3020 Old Ranch Parkway, Ste 400, Seal Beach,
CA 90740)
Bret Caulder, Building & Code Enforcement Services Manager
Nasser Abbaszadeh, Engineering & Building Director
San Juan Capish•ano: Preservin,; the Past to Enhance the Future
IL—* Printed on rewcletl paper
Bond No.:
Premium:
815427S
$468.00/ 2 Yrs.
STATUTORY PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, that PH -SJ, LLC, a California limited liability
company, as Principal, hereinafter called CONTRACTOR, and Developers Insurance
Company, as Surety, hereinafter called SURETY, are held and fimdy bound unto the City of
San Juan Capistrano, as Obligee, hereinafter called City, in the amount of Thirty Three
Thousand Four Hundred Fifty Dollars ($33,450.00) 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 a faithful performance bond pursuant to
the statutory requirements of the San Juan Capistrano Municipal Code to guarantee certain
work, more particularly described as follows:
Construction of all on-site grading (cut, fill and slope stabilization) operations in
accordance with Grading Permit No. 41435 and the Developer's plans for Tract
No. 15771.
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:
1. 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 y enforcing such obligation. all to be taxed as
costs and included in anyi �11
DATE
H
3020 OLD RANCH PARKWAY, SE ;
SEAL BEACH CA 90740
PHONE# 562-596.4770 x236 AX #
Statutory Performance Bond
Executed this 18TH
California.
7 O E AS TO FORM
JoA Shaw
City Attorney
0
Page 2
day of JANUARY '2000, at IRVINE
any
`rhli OLSon1Go.-WlAnviBirJb tMbW�Rfle-
(NOTARIZATION AND SEAL)
SURETY DEVELOPERS INSURANCE COMPANY
By:
ini
i ginia Lou
man
Attorney-in-Fact
(NOTARIZATION AND SEAL)
STATE OF CALTFORNTA
SS.
COUNTY OF ORANGE,
On JANUARY 18 2000 -,before me, NAM
PERSONALLY APPEAREDyIRf TNTA tit T.rnrntAN
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 acknowl-
edged 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.
WITNESS my hand and official seal.
Signature
OPTIONAL
N. AMYX
y COMM. # 1233934
No PubIfc . CaRomle
ORANGE COUNTY O
My Comm. 80r*3 BEPT 0, &Mp
This aTea for Official Notarial Seal
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 SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
)D-081 R,1. 6/94 ALL-PURPOSE ACKNOWLEDGEMENT
0
STATE OF CALIFORNIA
ss.
COUNTY OF ORANGE
On January 18, 2000, before me, Sharon Tooman, personally appeared Mark
Buckland, personally known to me (or proved to me on the basis of satisfactory evidence) 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.
WITNESS my hand and official seal.
��. SHARON TOOMAN
Commission
# 1242275
No1Cay Public - California
""''h:
_
-
Orange County
Sharottooman
My Comm. Criss Nov 19,2M3
Notary Public
State of California
(SEAL)
Bond No.: 8154 2 7 S
Premium: $468.00/ 2 Yrs.
STATUTORY PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, that PH -SI, LLC, a California limited liability
company, as Principal, hereinafter called CONTRACTOR, and Developers Insurance
Company, as Surety, hereinafter called SURETY, are held and firmly bound unto the City of
San Juan Capistrano, as Obligee, hereinafter called City, in the amount of Thirty Three
Thousand Four Hundred Fifty Dollars ($33,450.00) for payment whereof Contractor and
Surety bind themselves, their hens, executors, administrators, successors, and assigns, jointly
and severally, fairly by these presents.
WHEREAS, Contractor is required to provide a faithful performance bond pursuant to
the statutory requirements of the San Juan Capistrano Municipal Code to guarantee certain
work, more particularly described as follows:
Construction of all on-site grading (cut, fill and slope stabilization) operations in
accordance with Grading Permit No. 41435 and the Developer's plans for Tract
No. 15771.
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:
1. 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, all to be taxed as
costs and included in any judgment rendered.
3020 OLD RANCH PARKWAY, SUITE 250
SEAL BEACH CA 90740
PHONE# 562-596-4770 x236 FAX # 562-591
Statutory Performance Bond
Executed this 18TH day of JANUARY
Califomia.
APPRO D AS TO FORM
JobA Shaw
City Attorney
Page 2
2000, at IRVINE ,
ornia
company
-MC 0L5oN W.- MlitLrGik)i- N ►�BEIL
(NOTARIZATION AND SEAL)
SURETY DEVELOPERS INSURANCE COMPANY
Virginia M. Louman
Title: Attorney -in -Fact
(NOTARIZATION AND SEAL)
STATE OF CALTEORNTA
SS,
COUNTY OF ORANGE
On
JANUARY 18 2000
before me,
PERSONALLY APPEARED VIRGINIA M LOUMAN
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 acknowl-
edged 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.
WITNESS my hand and official seal.
Signature
OPTIONAL
93 YCW
This area for Official Notarial Seal
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 SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
El
n
u
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
)D-083 R,6/94 ALL-PURPOSE ACKNOWLEDGEMENT
0
STATE OF CALIFORNIA
ss.
COUNTY OF ORANGE
On January 18, 2000, before me, Sharon Tooman, personally appeared Mark
Buckland, personally known to me (or proved to me on the basis of satisfactory evidence) 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.
WITNESS my hand and official seal.
n,..._,c .....,ctkr�\.wn9wft�.....Je::-•4bx.,"t..�.x �'
SHARON 1('('M "q
--
Commission .f 1'242175
z
Notary Public - Confomia
Orange County
My Cornet, rpies Nov 19,20M
Sharon Tooman
Notary Public
State of California
(SEAL)
Bond No.: 815427S
Premium: $468.00/ 2 Yrs.
STATUTORY PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, that PH -SJ, LLC, a California limited liability
company, as Principal, hereinafter called CONTRACTOR, and Developers Insurance
Company, as Surety, hereinafter called SURETY, are held and firmly bound unto the City of
San Juan Capistrano, as Obligee, hereinafter called City, in the amount of Thirty Three
Thousand Four Hundred Fifty Dollars ($33,450.00) 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 a faithful performance bond pursuant to
the statutory requirements of the San Juan Capistrano Municipal Code to guarantee certain
work, more particularly described as follows:
Construction of all on-site grading (cut, fill and slope stabilization) operations in
accordance with Grading Permit No. 41435 and the Developer's plans for Tract
No. 15771.
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 mill 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:
1. As a part of the obligation secured hereby, and in addition to the face amount
specified, there shall be included costs and re expenses and including reasonable
attorney's fees, incurred by City i 17'
such In
attorney's all to be taxed as
costs and included in any judgmentrendered. Teo r
DATE
3020 OLD RANCH PARKWAY, SUITE 250
SEAL BEACH CA 90740
PHONE# 562-596-4770 x236 FAX # 56:
0
Statutory Performance Bond
Executed this 18TH day of JANUARY 2000, at IRVINE
California
. ' P E •FORMttornq
Page 2
PH -SJ, , California
limi iabi,.ity company
TtALOJSo Gp•-N/1((y�tgl�Jf�11n£Wtti£le—
(NOTARIZATION AND SEAL)
SURETY DEVELOPERS INSURANCE COMPANY
Virginia ouman
Title: Attorney -in -Fact
(NOTARIZATION AND SEAL)
STATE OF CAT IFORNIA
SS.
COUNTY OF ORANGE
On JANUARY 18 2000
before me,
PERSONALLY APPEARED 171RT77A M r DTTMAN
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 acknowl-
edged 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.
WITNESS my hand and official seal.
Signature
OPTIONAL
N. AMYX
p COMM. N 1233934 r2
Notary Public - Califomla
ORANGE COUNTY
My Comm. EXPlres SEPT 4, 2003
This area for Official Notarial Seal
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 SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF REASONS) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
,0-081 Rcv. 6/94 ALL-PURPOSE ACKNOWLEDGEMENT
POWER OF ATTORNEY OF
EMNITY COMPANY OF CALIF(,
Al DEVELOPERS INSURANCE COMPANY
P.O. BOX 18725, IRVINE, CA 92623 • (949) 263-3300 N° 0 1 1 5 3 7
NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31 st day of March, 2002.
2. This Power of Attorney is void if altered or if any portion is erased.
3. This Power of Attorney is void unless the seal Is readable, the text is in brown ink, the signatures are in blue ink and this notice is in blue ink.
4. This Power of Attorney should not be returned to the Attorneys) -In -Fact, but should remain a permanent part of the obligee's records.
KNOW ALL MEN By THESE PRESENTS, that except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally,
but not jointly, hereby make, constitute and appoint
***JAMES E. MARY, VIRGINIA M. LOUMAN, JOAN M. WYNN, MICHELLE HAASE,
MICHAEL J. HENSEL, MARIE T. ROLISSIERE, CYNTHIA S. INGRAHAM,
JOINTLY OR SEVERALLY""*
the true and lawful Attorneys) -In -Fact. to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts of suretyship
in an amount not exceeding Ten Million Dollars ($10,000,000) in any single undertaking; giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform
every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution
and revocation, and all of the acts of said Attorney(s)-In-Fact, pursuant to these presents, are hereby ratified and confirmed.
This Power of Attorney is granted and Is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY COMPANY
OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24,1986:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporations be, and that each of them hereby is, authorized to execute Powers of
Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary
or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power
of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or
contract of suretyship to which it is attached.
IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective
Presidents and attested by their respective Secretaries this 22nd day of December, 1998.
INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY
By Qalf V By_�__ • V
DanVF. Vincenti, Jr. Dante incenti, Jr.
President cpMPp �qO Pi sident 05'uS q4,1,
OP 9t 11
z OCT 5 o r-„ ATTEST MAR 27 o
,may 196) 1 'i I979 _u
�2 IrFOPNPS ��� 0 4bFOPs'�
By * BY._- k
Walter Crowell Waller Crowell
Secretary Secretary
STATE OF CALIFORNIA )
SS.
COUNTY OF ORANGE )
On December 22, 1998, before me, C. Hollister, personally appeared Dante F. Vincenti, Jr. and Walter Crowell, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose camels) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
oapacity(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.
WITNESS y hand and official seal.
C. HOLLISTER
P / ,� COMM. k 1192615
Signature __. _l. (. (, .. i I -
- � Notary Public -California
?y ORANGE COUNTY
My Comm. Expires AUG. 11, 2002
CERTIFICATE
The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby
;ertify that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards
N Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, this 18t1Uay of _janlla T] , 2000_
NDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY
3 =MPRH YOf '1� \U:;tIR4
�C OPP Ogytr � �f•QPp Ogq'I'pp.
Y..
By trY/
_ - MAR 2J
William T4h�alF Sherer t9z9 p
Senior Vice President �� frFOPH\Pa Senior Vice President
cOP
D{314 REV_ (12/98)
STATE OF CALIFORNIA )
SS.
COUNTY OF ORANGE )
On January 18, 2000, before me, Sharon Tooman, personally appeared Mark
Buckland, personally known to me (or proved to me on the basis of satisfactory evidence) 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.
WITNESS my hand and official seal.
SHARON TOOMAN
Commission # 1242275
Notary PUUic - California
County I
Sharon Tooman
�orange
My Comm. F." es Nov 19, 2XCi
..0-w
Notary Public
State of California
(SEAL)