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02-0924_STONEFIELD'S COBBLESTONE_Subdivision Improvement Agreementn �J Recording Requested by and When Recorded Mail To: City of San Juan Capistrano Attention: City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Mr aret Monahan, City Clerk C of San Juan Capistrano 0 Recorded in Official Records, County of Orange Darlene Bloom, Interim Clerk -Recorder I 111IIIT IIE 111111111114138.00 2002081703311:46am 09124/02 118 68 Al2 17 0.00 0.00 0.00 0.00 32.00 0.00 0.0o 0.00 SUBDIVISION IMPROVEMENT AGREEMENT SUBJECT: TENTATIVE TRACT MAP 15701 THIS AGREEMENT is between the City of San Juan Capistrano, a municipal corporation, State of California, hereinafter referred to as "City" and Stonefield's Cobblestone Collection, L.L.C., whose mailing address is 23333 Avenida La Caza, Coto De Caza, CA, 92679, hereinafter referred to as "Subdivider": THIS AGREEMENT shall be administered by the City in accordance with Resolution No. CVWD 97-10-7-1, for all involvement associated with the Capistrano Valley Water District, hereinafter referred to as "District", WHEREAS, the tentative map application was conditionally approved by Resolution No. 00-01-04-2, and WHEREAS, Subdivider is the owner of that certain parcel of land situated in the City of San•Juan Capistrano, Orange County, generally known and described as Tentative Tract Map 15701 and Subdivider agrees with all the requirements set forth in Resolution No. 00-01- 04-2 and proposes to do and perform certain work of improvement thereon as hereinafter set forth; and WHEREAS, City and District desire to assure that said proposed improvements will be done in a good workmanlike manner and in accordance with the laws now in force and effect in the City of San Juan Capistrano, California, the terms and conditions of which are incorporated herein by reference; and WHEREAS, Subdivider declares that he is familiar with the pertinent regulations contained in the City Code and in the Subdivision Map Act (Government Code Sections 66410 to 66500) and agrees to comply therewith; and VVHEREA'S, a Final Map of said subdivision, prepared in accordance with the City's Subdivision dinance, has been filed by Subdivider with City for approval by the City Council; t - 0 9 NOW THEREFORE, in consideration of the approval and acceptance by the City Council of City and the Capistrano Valley Water District of said Final Map and the acceptance of easements therein offered for dedication for public purposes and the covenants herein contained, the parties hereto mutually covenant and agree as follows: 1. General Requirements Subdivider shall, at his own cost and expense, provide all required tests, design work, equipment, materials and labor in order to complete all of the works of improvement (the "Works of Improvement"), set forth in Exhibit "A", to the satisfaction of the City Engineer. Such work of improvement shall include but not be limited to street, dedication of right-of-way along Del Obispo street to accommodate its ultimate width, sewer, water, storm drain, the placement of curb markers and filter devices at all proposed street catch basin inlet structures in accordance with the National Pollutant Discharge Elimination System (NPDES), landscape & irrigation and the undergrounding of overhead utilities. Security: A. Subdivider shall, at all times beginning with the execution of this agreement, guarantee Subdivider's performance of this agreement by providing City and District with the following security instruments (the "Security Instruments"), as required by the State Subdivision Map Act, on forms approved by City and District for the purposes and in the amounts as follows: (1) A Faithful Performance Bond to ensure faithful performance of this agreement in regard to said improvements in the amount of 100% of the estimated cost of construction of the improvements; and (ii) A Labor and Materials Bond to secure payment to any contractor, subcontractor, persons renting equipment or furnishing labor or materials for the improvements required to be constructed or installed pursuant to this agreement in the additional amount of 100% of the estimated cost of construction of the improvements; and (iii) A Subdivision Monument Bond in the amount of 100% of the estimated cost of setting subdivision monuments as shown in Exhibit "A". B. In order to guarantee and warranty the Works of Improvement and in addition to the security instruments referenced in Paragraph 2(A) above, Subdivider shall provide to City and District the following Security Instruments: -2- 0 (1) Prior to the City's final acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall provide to City a Warranty Bond for Works of Improvement warranting the accepted Works of Improvement for a period of one (1) year following said acceptance against any defective work or labor done or defective material furnished. The amount of such Warranty Bond for Works of Improvement shall be equal to twenty-five percent (25%) of the estimated construction cost set forth in Exhibit "A", or a suitable amount determined by the City Engineer. (ii) Prior to the City's final acceptance of the landscape and irrigation Works of Improvement, Subdivider shall provide a Landscape and Irrigation Warranty Bond warranting the landscape and irrigation Works of Improvement fora period of (1) year following said acceptance against any defective work or labor done or defective material furnished for any reason other than improper maintenance. The amount of such Landscape and Irrigation Warranty Bond shall be equal to twenty percent (20%) of the landscape architect's estimated construction cost, or a suitable amount determined by the City's Director of Engineering and Building. The Landscape and Irrigation Warranty Bond shall be held by the development's Homeowners' Association ("HOA"). If this development is not subject to the formation of a HOA, then the Landscape and Irrigation Warranty Bond (if determined to be applicable by the Director of Engineering and Building) shall be held by the City. All Security Instruments required by this agreement, with the exception of the Landscape and Irrigation Warranty Bond which is submitted to the development's HOA, shall be kept on file with the City Clerk. The terms of the Security Instruments required bythis agreement are hereby incorporated in this agreement by reference. City shall release the Faithful Performance Bond upon Subdivider's written request following acceptance by City of the Works of Improvement and Subdivider's delivery to City of the Warranty Bond for Works of Improvement. City shall release the Labor and Materials Bond upon Subdivider's written request and following acceptance by City of the Works of Improvement and after expiration of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part 4 of Division Third of the California Civil Code. If lien claims have been timely filed, City shall hold the Labor and Materials Bond until (a) such claims have been resolved, (b) Subdivider has provided a statutory bond, or -3- 0 0 otherwise as required by applicable law. City shall release the Warranty Bond for Works of Improvement upon Subdivider's written request following the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work. The release of the Landscape and Irrigation Warranty Bond held by the HOA will be determined by a separate agreement between the developer and the HOA. 2.1 Form of Security Instruments. All Security Instruments shall meet the following minimum requirements and otherwise shall be in a form acceptable to the City Attorney: (1) Any insurance company acting as surety shall have a minimum rating of A -IX, as rated by the current edition of Best's Key Rating Guide published by A. M. Best's Company, Oldwick, New Jersey, 08858; any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's; (ii) Payments under the Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the County of Orange, State of California; (iii) Each of the Security Instruments shall have a minimum term of one (1) year after the deadline for Subdivider's completing the Works of Improvement, in accordance with paragraph 3 herein; (iv) The Security Instruments shall reference Subdivider's obligations under this Agreement, shall be irrevocable, and shall include as an additional obligation secured the responsibility to compensate City for all of the City's attorneys' fees and litigation expenses reasonably incurred enforcing its rights under the Security Instruments. 3. Time of Completion. All of the Works of Improvement shall be completed within twenty-four (24) months from the effective date of this Agreement. The time for completion may be extended by the City Engineer, in writing, for good cause shown by the Subdivider. Subdivider shall compensate the City for all costs reasonably incurred in having its authorized representatives perform the usual and customary engineering services during said extension as specified in Paragraph 19 below. In the event that Subdivider fails to complete the Works of Improvement within said period or any approved extension, the City may -4- 0 0 complete said work and shall be entitled to recover the full cost and expenses thereof from Subdivider, or his surety as herein provided. The City may require Subdivider, or his surety, to pay the City in advance, sufficient monies to cover the City's cost in completing construction of said Works of Improvement. 3.1 Force Majeure: Notwithstanding the provisions of paragraph 3 herein, Subdivider's time for completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikes, lockouts, acts or failures to act of a public agency (including City), required changes to the Scope of Work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than thirty (30) days prior to City's receipt of a written notice from Subdivider or its contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. 3.2 Continuous Work: After commencement of construction of the Works of Improvement (or separable portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period of more than thirty (30) days, events of force majeure excepted. 3.3 Reversion to Acreage: In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.11-66499.20-3/4. In this regard, Subdivider agrees that if none of the Works of Improvement referenced herein have been made within the specified "Time of Completion" referenced in paragraph 3 above or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, any improvements made by or on behalf of Subdivider after the date City initiates such action shall not be considered in determining City's authority to revert the Property to acreage. 4. Effective Date of Agreement: This Agreement shall not become effective unless and until the subdivision map has been approved by the City Council and also accepted for recordation by the County Recorder of the County of Orange. Utility Deposits - Statement: -5- 0 0 Prior to the commencement of any work to :;e performed within the area delineated on the Final Map, the Subdivider must file a written statement with the City Clerk and City Engineer, signed by the Subdivider, and each public utility corporation involved, to the effect that Subdivider has made all deposits legally required by such public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the subdivision. 6. Permits - Compliance with Law: Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction of required improvements, give all necessary notices and pay all fees and taxes required by law. Definition and Ownership of Improvements: The term "improvements" means: grading, paving, curbs and gutters, pathways, storm drains, sanitary sewers, domestic and non-domestic water, utilities, such as electric, telephone and cable TV, conduits, gas lines, drainage facilities, traffic controls, landscaping and irrigation, street lights, and all other required facilities as shown in detail upon plans, profiles and specifications which have been prepared or are now in final preparation by engineers acting for Subdivider subject to approval by the City Engineer. No work on said improvements shall be commenced until plans and profiles therefore have been submitted to, approved and permitted by the City Engineer. All required public improvements constructed or installed pursuant to this Agreement shall become the sole exclusive property of the City and District, without payment therefore, upon acceptance of said improvements by the City Council and Water Board. 18; Obligations of Subdivider: Notwithstanding the fact that Subdivider's plans and specifications, completion of the work, and other acts are subject to approval of the City, it is understood and agreed that any approval by the City thereof shall in no way relieve Subdivider of satisfactorily performing said work or the related obligations hereunder. The construction shall be done strictly in accordance with the plans and specifications including supplementals and revisions prepared by Subdivider or its registered engineer, and as approved by the City as being consistent with the City Code and Standards. Subdivider warrants that its plans and specifications conform as a minimum to said codes and standards and that they are adequate to accomplish the work in a good workmanlike manner and in accordance with responsible construction practices. In addition to the foregoing, Subdivider shall satisfy all the conditions of approval set forth on the City approved tentative map for the Property. M 0 9 Subdivider shall also perform all work and furnish all materials necessary, in the opinion of the City Engineer and on his order, to complete the Works of Improvement in accordance with the plans and specifications on file as hereinbefore specified, or with any changes required or ordered by said Engineerwhich, in his opinion, are necessary or required to complete this work. Intent of Plans and Specifications The intent of the plans and specifications referenced above is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer (or designee) and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the plans and specifications may not specifically call out all items of work required for the contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made of information necessary to carry out the full intent and meaning of the plans and specifications, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the plans, specifications, or related documents, reference shall be made to the City Engineer whose decision thereon shall be final. 10. Superintendence by Subdivider: Subdivider shall give personal superintendence to the Works of Improvement, or have a competent foreman or superintendent, satisfactory to the City Engineer, on the work at all times during progress, with authority to act for Subdivider. In the event satisfactory superintendence is not being exercised by the Subdivider, the City Engineer may order suspension of all workwithin the subdivision until the deficiency is adequately corrected. 11. Repair and Replacements: Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, or pay to the owner the entire cost of replacement or repairs, for all survey monuments or for any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or by any public or private corporation, or by any person whomsoever or by combination of such owners. Any such repair or replacement shall be completed in a reasonable manner and subject to the approval of the City Engineer and affected property 12. Inspection by City: -7- 0 9 Subdivider shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work and to the shops where the work is in preparation. The cost of inspections shall be paid by the Subdivider. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Subdivider or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted. No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered. The date on which the Works of Improvement will be considered as complete shall be that date on which the City Council accepts the improvements and authorizes the City Clerk to file a Notice of Completion with respect thereto. 13. Authority of the City Engineer: All required improvements shall be constructed under the inspection of and subject to approval of the City Engineer. Therefore, it is mutually agreed by the parties hereto that the City Engineer shall have the right to reject any or all of the work to be performed under this contract if such work does not conform with City Codes and Standards and the plans and specifications mentioned herein, including subsequent revisions that may have been previously overlooked during the plan review process. Any damage to the improvements (existing or new) that occurs during or after installation of work performed under this Agreement shall be repaired or replaced, by the Subdivider, to the satisfaction of the City Engineer before the final acceptance of completed work and release of security. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to make a final decision in regard to all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor. 14. Changes in the Work: The City Engineer, without invalidating this Agreement and without notification to any of the sureties referenced in paragraph 2, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer to accomplish the purposes of this Agreement and to protect the public health, 0 0 safety, and welfare. It is mutually understood that it is inherent in the nature of the work contemplated by this Agreement that some changes in the plans and specifications and related documents may be necessary during the course of construction to adjust them to field conditions and to assure the protection of the public health, safety, and welfare. The City Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the Works of Improvement. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. 15. No Warranty by City and/or District: The plans and specifications and related documents for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the plans or specifications or related documents. 16. Liability for Performance, Injury or Damage: Neither the City, District nor any of their officers or agents shall be liable to Subdivider or its contractors for any error or omission arising out of or in connection with any work to be performed under this contract. Additionally, the City and/or District shall not be liable to the Subdivider or to any other person, firm, or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever in, on, or about the subdivision of said land covered by this Agreement, or any part thereof. 17. Indemnification and Release: Prior to the commencement of any work pursuant to this contract, Subdivider's contractors shall furnish to City and/or District satisfactory evidence of an insurance policy written upon a form and by a company (which meets with the approval of City and/or District) insuring City and/or District, its officers, agents, and employees against loss or liabilitywhich may arise during thework orwhich may result from any of the work herein required to be done, including all costs of defending any claim arising as result thereof. Minimum liability and property damage insurance shall be not less than $500,000 for all damages arising out of bodily injury to or death of one person and not less than $1,000,000 for all damages arising out of bodily injuries to or death of more than one person in any one occurrence; and not less than $500,000 for all damages and/or destruction of property in any one occurrence and not less than $750,000 for all damages and/or destruction of property during the policy period. Said policy shall be in favor of Subdivider or its contractors and of the City and/or District, its officers, agents, and employees and shall be maintained in full force and effect during the life of this Agreement, including extensions. Said policy shall state by its terms and by an endorsement that it shall not be canceled until City 0 0 and/or District shall have had at least ninety (90) days' notice in writing of such cancellation. The Subdivider hereby releases and agrees to defend, indemnify and hold the City and/or District harmless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage and liability, howsoever the same may be caused and whensoever the same may appear, resulting directly or indirectly from the performance or nonperformance of any or all work to be done in and upon the subject property and the premises adjacent thereto pursuant to this Agreement, and also from any and all injuries to and deaths of persons and injuries to property or other interests and all claims, demands, costs, loss, damage, and liability, howsoever the same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the Subdivider, the Subdivider's agents, employees, and subcontractors, while engaged in the performance of said work. 18. Liability of Subdivider: The Subdivider agrees that the use for any purpose and by any person of any and all of the streets, easements and improvements herein specified shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the City and/or District of the completed street and other improvements thereon and therein; provided that acceptance by the City and/or District shall in no way eliminate or lessen any of the Subdivider's obligations or undertakings contained in this Agreement. The issuance of any occupancy or use permits (if granted) by the City for buildings located within said subdivision shall not be construed in any manner to constitute an acceptance and approval of any or all of the required improvements in said subdivision. 19. Subdivider's Expenses: The Subdivider shall pay these additional expenses: The Subdivider shall cause to be made and/or pay for soil tests made by a reputable geotechnical consultant/firm to determine stability, gradation, bearing, and resistance value of soils, associated with the development of the subject subdivision, from which to determine the nature and design of appropriate improvements. The Subdivider shall also pay for all compaction and related tests necessary to determine that all fill work and the utility trench backfill has been satisfactorily placed. b. All service (including plan check and inspection), impact and connection fees as established by City and District shall be paid for each lot in the subdivision in accordance with the City and District Standard Specifications and Drawings. -10- 0 0 C. All actual costs for design, plan check, development process and inspection incurred by the City and District in evaluating any proposed or agreed upon change in work. In no event shall Subdivider be entitled to additional inspections or final inspection and acceptance of any of the Works of Improvement until all City and District fees and charges have been fully paid, including, without limitation, charges for applicable penalties and additional required inspections. Subdivider shall compensate the City for all actual costs reasonably incurred in having its authorized representatives make the usual and customary engineering services beyond the specified "Time of Completion" referenced in paragraph 3 above. Said actual costs include: inspection of Works of Improvement, engineer design review, plan check and project development process. Subdivider agrees to pay the cost of said City services within forty-five (45) days of invoice date, or as determined by the City Engineer. 20. Relationship of Contractors: It is hereby mutually covenanted and agreed by the parties hereto that Subdivider's contractors are not agents of the City and/or District , and that the contractors' relations to City, if any, are those of indepenr+ent contractors. 21. Certification of Satisfactory Completion: Upon the satisfactory completion of the Works of Improvement by the Subdivider, the City Engineer shall certify that the Works of Improvement have been satisfactorily completed. 122. Repair or Reconstruction of Defective Work: If, within a period of one year after City Council acceptance of the improvement work performed under this Agreement, any of the improvements or work done under this Agreement fails to fulfill any of the requirements of this Agreement, or the specifications referred to herein, Subdivider shall without delay and without any cost to the City (upon receipt of written notice from the City), repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdividerfail to act promptly or in accordance with this requirement, or should the exigencies of the case require repairs or replacements to be made before Subdivider can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to City and/or District the actual cost of such repairs plus an amount equivalent to the current general City and/or District overhead costs. 23. Warranty: -11- Without limiting the foregoing, Subdivider warrants and guarantees: materials used and workmanship performed on said work for a period of one (1) year after completion and acceptance thereof by the City, the setting of all required Final Map monuments and agrees to maintain all required landscaping in a vigorous and thriving condition for a period of twelve (12) months after completion and written acceptance thereof by the Director of Engineering and Building and by the Homeowner's Association. Only the warranty security for the landscape improvement shall be posted with the Homeowner's Association. All other security instruments shall be submitted to the City in accordance with Section 2 above. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law. 24. Default: 24.1 Remedies Not Exclusive: In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may be entitled. 24.2 City and District Rights to Perform Work: In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event Subdivider shall fail to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of thirty (30) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to diligently pursue the cure of any such default to completion, City and/or District shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recoverfrom Subdivider and the surety company, or both, the full cost and expense thereby incurred by City and/or District. 24.3 Attorney's Fees and Costs: In the event of any litigation arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and costs shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. 25. Notice of Completion: -12- 0 0 Upon approval of the Works of Improvement by the City Engineer and acceptance by the City Council, the Subdivider shall file with the Orange County Recorder a Notice of Completion of the improvements herein specified. 26. Filing of Improvement Plans: Upon completion of the job and prior to final acceptance of the Works of Improvement by the City, the Subdivider shall submit to the City Engineer for review and approval, one Mylar (4 mils) set of "record" drawings. These drawings shall be certified and shall reflect the job as actually constructed, with all changes incorporated therein. 27. Assignment: This agreement shall not be assignable by Subdivider without written consent of City. IN WITNESS WHEREOF, two (2) identical counterparts of this agreement, each of which shall for all purposes be deemed an original th reof, have been duly executed by the Subdivider herein named on the &lay of yl D _ , 2007, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. STONEFIELD'S COBBLESTONE COLLECTION, LLC CITY OF SAN JUAN CAPISTRANO A California Limited Liability Company By: STONEFI A Califorr as manae By: 1Aaw&4 ROBERT C. PACK, PRES DENT MAY Attest: /2 G CITY CLERK (Attach Notary Acknowledgment) -13- APPROVED AS TO FORM: By: PI1rY ATTORNEY 0 Attachments: (1) Exhibit "A" C:\MyFiles\Tracts Agreements\TR15701.SUB-A.wpd -14- 0 11 SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "A" WORKS OF IMPROVEMENT TRACT 15701 Type of Improvements: Grading Erosion and Silt Control Street and Storm drain Improvements Sanitary Sewer Water Landscaping/Irrigation Street Monuments Utility ,- Del Obispo Underground Conversion C:W1yFi1es\Tracts Agreements\TR15701.SUB-A.wpd -15- Estimated Construction Cost Or Bond Amount Processed through BLDG. Division Processed through BLDG. Division $ 76,934 $ 38,126 $ 55,230 $ 419,083 $ 5,000 $ 175,500 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On M ar& h o2[�oZ , before me, Chris L. McPherson, Notary Public, personally appeared -I`"(, cx' personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. �1TNES S my hand aial seal. 7 CHRISrnIs MC PNERSON m Comfselonf1231778 : Notary Public - Callfomia Orange County My Comm. Empirse lu g g. 2003 Notary Seal 0 'PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 118 1) On June 18, 2002 before me, Margaret R. Monahan, City Clerk, personally appeared Diane Bathgate personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacities, and that by her signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. (SEAL) Capacity Claimed by Signers Mayor Title Signers are Representing The City of San Juan Capistrano WITNESS my hand and official seal. Monahan, City Clerk OPTIONAL Description of Attached Document Subdivision Improvement Agreement Title or Type of Document 15 plus acknowledements Number of Pages June 18. 2002 Date of Document Robert C. Pack Signer(s) Other Than Named Above RECORDED AT THE REST OF AND RETURNED TO: City of San Juan Capistrano City Clerk's Office 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 6103 Margaret R. Monahan, City Clerk San Juan Capistrano, CA Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder IIIIIIIIIiIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIfIIIIIIIIIIIIIIIIIINO FEE 2005000396070 08:16am 05124105 213 110 N12 1 0.00 OM 0.00 0.00 OM 0.00 0.00 0.00 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the Subdivision Improvement Agreement between the City of San Juan Capistrano, California, and Stonefield's Cobblestone Collection, L.L.C., whose mailing address is 23333 Avenida La Caza, Coto De Caza, CA 92679, developer of Tract 15701 requires the developer to complete the following, to wit: Construction of improvements in conjunction with the development of Tract 15701, in the City of San Juan Capistrano. That work was completed by said developer on April 20, 2005 according to plans and specifications and to the satisfaction of the City Engineer of the City of San Jan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano at 32400 Paseo Adelanto, San Juan Capistrano, California 92675 as public utility owner, at a regular imeeting thereof held on the 17`h day of May, 2005, by Resolution No. 05-05-17-01 That upon said Agreement, Golf Insurance Group was the surety for the bonds given by said Company as required by law. Dated at San Juan Capistrano, California, this 17`h day of May 2005. 35? R. Monahan, City Clerk of an Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California DO HEREBY CERTIFY, under penalty of perjury that the foregoing Notice of Completion is true and correct, and that said Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Clerk. Dated at San Juan Capistrano this 1r day of May, 2005. -<!& ) J ayA_� Vr ret R. Monahan, City Clerk ity f San Juan Capistrano ACORD CERTIFICAITOF LIABILITY INSURAN OP ID DATE(MM DD YYYY) 3TONE03 )7/06/05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Brown S Brown Insurance of AZ ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2800 N. Central Ave., #1600 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 2800 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Phoenix AZ 85002-2800 Phone:602-277-6672 �wEfV1EdSRRA: QuntaGSpecalty Lines GE NAIC# INSURED (jj _ _ _ _ INSURER B: Stonsfield Development Co AL 11 R 5 _G 23333 Avenida La Caza INSuR FYI: Coto De Caza CA 92679 - --- - -- --- - - -- IRK NSURER E. COVFRAGES QAIII 1I nA nln rn.., THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 301, DAYS WRITTEN MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH City of San Juan Capistrano 6 POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Capistrano Valley Water Distri REPRESENTATIVES. SR'ADO' E POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTR RSR TYPE OF INSURANCE DATE MMIDDIYY GATE MM/OOM' � LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A X X 1 COMMERCIAL GENERAL LIABILITY QN00005016 ---, __ 07/01/05 07/01/06 DAMAGE -1 -0 -RENTED _ PREMISES ocwrence) R _ -- 1$50000 _ _- CLAIMSMADE X OCCUR MED EXP (Any one person) $ 5000 - X]$10,000 SIR_ PERSONAL SGVINJURY $1000000 per Claim GENERAL AGGREGATE $2000000 it GEN'LAGGREGATE LIMIT APPLIES PER : PRODUCTS - COMP/OP AGG $2000000 POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accldenl) _ - ALLOWNEDAUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED A17105 BODILY INJURY $ NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ I _ ANY AUTO ''. OTHER THAN EA ACC _ $_ AUTO ONLY: AGG $ EXC LIl EACH RENCE _ $ OCC RBRELLA CLA I MADE AGGREGATEILITY $ DEDUCTIBLE $ RETENTION $ $ 1 WORKERS COMPENSATION AND ATT- 1 TH TORY LIMITS ER EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE E. L EACH ACCIDENT $ I OFFICER/MEMBER EXCLUDED? EL DISEASE -EA EMPLOYEE $ I(yes, describe under - - - SPECIALPROVISIONS below E.L. DISEASE -POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS *10 Days Notice of Cancellation for Nonpayment of Premium* RE: Any and all work performed by Named Insured in the City of San Juan Capistrano, CA. Certificate Holder is hereby named as Additional Insured for General Liability coverage only per CG2012 07/98. CERTIFICATE HOLDER CANCELLATION .API sic SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 301, DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of San Juan Capistrano 6 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Capistrano Valley Water Distri REPRESENTATIVES. AUTjIGRI REPRE /l.— 32400 Paso Adelnto San Juan Capistrano CA 92675 ACORD 25 (2001108) © ACORD CORPORATION 1988 IMPORTANT r , !+ 11f If the certificate holder is an ADDITIONAL ASI ED, the policy(iQ must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 25 12nn1hnRI Ll 32400 PASEO ADEI-ANTO SAN JUAN CAPISTRANO, CA 92675 (949) 4931171 (949) 4931053 FAX www.sanjuancapistrano.org June 8, 2004 J«an -A IA[AAAAAAIfO • fslAAuixfo 1961 1776 Stonefield Development LLC Stonefield Cobblestone Colletion 23333 Avenida La Caza Coto de Caza, CA 92679 `tea MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE L. SATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN RE: Compliance with Insurance Requirements — Subdivision Improvement Agreement for Tract 15701 The following insurance documents are due to expire: ✓ General Liability Certificate 07/01/2004 ✓ General Liability Endorsement Form naming the City of San Juan Capistrano as additional insured. ✓ Workers Compensation Certificate 07/01/2004 Please submit updated documentation to the City of San Juan Capistrano, attention City Clerk's office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 by the above expiration dateA. If you have any questions, please contact me at (949) 443-6309. cc: Dawn Schanderl, Administrative Assistant Sam Shoucair, Senior Engineer CD San Juan Capistrano: Preserving the Past to Enhance the Future ACORD CERTIFICA19OF LIABILITY INSURANW OP ID S DATE(MMIODNYYY) POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. STONE03 08/20/04 PRODUCER GENERAL LIABILITY THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Brown 6 Brown Insurance of AZ AUTyR+I I REPRE �ATIVE��� ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2800 N. Central Ave., #1600 A X HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 2800 07/01/04 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Phoenix AZ 85002-2800 $ 0 Phone:602-277-6672 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: North American Capacity Ine. Stonefields Cobblestone INSURER B: Collection LLC -- Stonefield Development Corp INSURER C: 23333 Avenida La Caza INSURER D: Coto De Caza CA 92679 - - INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD' POLICY EFFECTIVE POLICY EXPIRATION- POLICY NUMBER LIMITS LTR INSR TYPE OF INSURANCE DATE MMIDDIYY DATE MMIDDIYY City of San Juan Capistrano & GENERAL LIABILITY Capistrano Valley Water Distri REPRESENTATIVES. AUTyR+I I REPRE �ATIVE��� EACH OCCURRENCE $ 1000000 A X X COMMERCIAL GENERALLIAMLITY BXG000235202 07/01/04 07/01/05 DAMAGE TO RENTED PREMISES (Ea occurence) $ 0 CLAIMS MADE OCCUR MED EXP (Any one person) $ 5000 _X X1$10,000. SIR PERSONAL S ADV INJURY $1000000 Iper_ Claim GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PRODUCTS - COMPIOP AGG $ 2000000 r - LOC JECPROT Em Ben. 0 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ', ANY AUTO I I (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON -OWNED AUTOS (Per accident) $ PROPERTYDAMAGE (Per accMenI) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ $ WORKERS COMPENSATION ANDiTORYLIMITS ER EMPLOYERS' LIABILITY _ - -- - - -- -- -- - - --- - - ANY PROPRIETORIPARTNEWEXECUTIVE E.L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ V yes, describe _-- _ - - - - - - SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS *10 Days Notice of Cancellation for Nonpayment of Premium* RE: Any and all work performed by Named Insured in the City of San Juan Capistrano, CA. Cancels and supercedes Certificate dated 7/7/04. CERTIFICATE HOLDER CANCFI I ATInN sicap IS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of San Juan Capistrano & IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Capistrano Valley Water Distri REPRESENTATIVES. AUTyR+I I REPRE �ATIVE��� 32400 Paseo Adelanto San Juan Capistrano CA 92675 sp 10164417 ACORD 25 (2001108) © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) HO 11 L 11 DER CODA SJCAIS IV �TON90 N�IY WS NA Stonof alda Cobblestone P IID SPS DATE 01 Certificate Holder is hereby named as Additional Insured for General Liability coverage only utilizing CG20120798 attached. POLICY NUMBER: BXG000235202 INSURANCE COMPANY: North American Capacity Insurance Company POLICY DATES: 7/1/04 to 7/1/05 INSURED: Stonefield Development Corp. etal COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR POLITICAL SUBDIVISIONS --PERMITS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE State or Political Subdivision: City of San Juan Capistrano & Capistrano Valley Water District 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section ll) is amended to include as an insured any state or political subdivision shown in the Schedule, subject to the following provisions: 1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. 2. This insurance does not apply to: a. "Bodily injury', "property damage", "personal injury' or "advertising injury" arising out of operations performed for the state or municipality; or b. "Bodily injury" or "property damage" included within the "projects -completed operations hazard". CG 20 12 11 85 Copyright, Insurance Services Office, Inc., 1984 STATE COMPENSATION INSURANCE FUND MAY 11, 2004 CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 IN REPLY REFER TO: CERTIFICATE OF WORKERS' ----------------------- COMPENSATION INSURANCE ---------------------- CANCELLATION WITHDRAWAL NOTICE ------------------------------ RE: CERTIFICATE DATED AUGUST 25, 2003 THE CANCELLATION HAS BEEN WITHDRAWN FOR THE WORKERS' COMPENSATION INSURANCE POLICY FOR THE EMPLOYER NAMED BELOW. THIS LETTER SUPERSEDES THE NOTICE OF CANCELLATION SENT TO YOU ON MARCH 25, 2004. THIS EMPLOYER'S WORKERS' COMPENSATION INSURANCE COVERAGE CONTINUED UNINTERRUPTED. REP 03 EMPLOYER: STONEFIELD DEVELOPMENT 23333 AVENIDA LA CAZA COTO DE CAZA, CA 92679 POLICY 0766670-03 CUSTOMER SERVICES UNIT SOUTH ORANGE DISTRICT OFFICE (714) 347-5445 1275 Market Street -San Francisco, CA 94103— 14 10 Mailing Address: P.O. Box 420807 • San Francisco, CA 94142-0807 SCIF 19102 %A 0 STATE COMPENSATION INSURANCE FUND MARCH 30, 2004 CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 CERTIFICATE OF WORKERS' ----------------------- COMPENSATION INSURANCE ---------------------- CANCELLATION NOTICE ------------------- RE: CERTIFICATE DATED AUGUST 25, 2003 IN REPLY REFER TO: THE WORKERS' COMPENSATION INSURANCE POLICY FOR THE EMPLOYER NAMED BELOW HAS BEEN CANCELLED EFFECT IVE,.--1WY-4, 2004 AT f, 12:01 A.M. IF YOU HAVE ANY QUESTIONS REGARDING THIS NOTICE, PLEASE CONTACT THE EMPLOYER NAMED BELOW EMPLOYER: STONEFIELD DEVELOPMENT 23333 AVENIDA LA CAZA COTO DE CAZA, CA 92679 POLICY 0766670-03 CUSTOMER SERVICES UNIT SOUTH ORANGE DISTRICT OFFICE (714) 347-5445 1 275 Market Street • San Francisco, CA 94103— 1410 Mailing Address: P.O. Box 420807 • San Francisco, CA 94142-0807 SCIF 19102 4CoRo. CERTIFICATWF LIABILITY INSURA OF ID S DATE(MMIDDIYYYY) STONE03 07/01/03 PRODUCER THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION Brown & Brown Insurance of AZ ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4041 N. Central Ave., #1500 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.C. Box 33619 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Phoenix AZ 85067 Phone:602-277-6672 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: North American Capacity Ins. (xaj,? DStonefieldrs Cobblstone INSURER B: Collection LLC Stonefield Develpment Corp INSURER C: 23333 Avenida La Caza INSURER D: Coto De Caza CA 92679 INSURERE COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Ii LTRINSRE NDD-L-- - TYPE OF INSURANCE POLICY NUMBER POLI Y E FE TIVE DATE MM/DD/YY POLICY EXPIRATION DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $1000000 A X COMMERCIAL GENERAL LIABILITY BXG000235201 07/01/03 07/01/04 PREMISEs(Ea occurence) $0 CLDX MADE OCCUR MED EXP (Any one person) $ 5000 X $25,000 SIR p/ClaPERSONAL B ADV INJURY $1000000 GENE RAL AGGREGATE $ 2000000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2000000 POi PROJECT LOC Emp Ben. 0 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accitlent) BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Per person) BODILY INJURY $ HIRED AUTOS NON -OW NED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: ASS $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR F—] CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ ` RETENTION $ WORKERS COMPENSATION AND TO LIMITS EIMER EMPLOYERS' LIABILITY E . EACACCIDEN �, ) ANY PROPRIETOR(PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? r —- E.L. DISEASE= EA EMPL' If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLIC LIMIT$, ) OTHER *10 Days NOC for Nonpavmei I DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS -� RE: Any and all work performed by Named Insured in the City of San Juan Capistrano, CA. Certificate Bolder is hereby named as Additional Insured for General Liability coverage only utilizing CG20120798. CERTIFICATE HOLDER SJCAPI S SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYSWRITTEN City of San Juan Capistrano & NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Capistrano Valley Water Distri IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 32400 Paseo Adelanto San Juan Capistrano CA 92675 REPRESENTATIVES. A THORIZ REPRE TATIi 25 (2001/06) Ll IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. J01I08) POLICY NUMBER. INSURANCE COMPANY POLICY DATES: INSURED: 171 BXG000235201 North American Capacity 7/1/03 to 7:1/04 Stenefield Development Insurance Company Corp. etal 0 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR POLITICAL SUBDIVISIONS—PERMITS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE State or Political Subdivision: City of San Juan Capistrano & Capistrano Valley Water District 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured any state or political subdivision shown in the Schedule, subject to the following provisions: 1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. 2. This insurance does not apply to: a. "Bodily injury", "property damage", "personal injury" or "advertising injury' arising out of operations performed for the state or municipality; or b. 'Bodily injury" or "property damage" included within the "projects -completed operations hazard". CG 20 12 1185 Copyright, Insurance Services Office, Inc., 1984 • COOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 08-13-2003 GROUP: POLICY NUMBER: 766670-2003 CERTIFICATE ID: 41 CERTIFICATE EXPIRES: 07-01-2004 07-01-2003/07-01-2004 CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 JOB: ALL OPERATIONS This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions, of such policies. AUTHORIZED REPRESENTATIVE Aim e. D& PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - ROBERT PACK PRES SEC TRES - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 07-01-2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. RR,SGINT D: OS -132003 SCIF 10262E Accept thismtlifmte only it you see a feint webima,k Nat reatla "OFFICIAL STATE FUND DOCUMENT' PAGE 1 OF 1 n zi = v � m C _-, - m_ Y � r / EMPLOYER ,% rn\ STONEFIELD DEVELOPMENT (A CORP) O 23333 AVENIDA LA CAZA O 00 COTO DE CAZA CA 92679 RR,SGINT D: OS -132003 SCIF 10262E Accept thismtlifmte only it you see a feint webima,k Nat reatla "OFFICIAL STATE FUND DOCUMENT' PAGE 1 OF 1 Ll 32400 PASEO ADELANTO SAN JU*N CAPISTRANO, CA 92675 (949)493-1171 (949) 493-1 OS3 (FAX) TVTvucsanjuancapistrano. org June 24, 2003 �, ate„ • ncHnuuo • fSHlBfe[I I 1961 1776 MEMBERS OF THE CITY COIMJCIL DIANE L SATHGATE JOHN S. GELFF WYATT HART JOESOTO DAVID M. SWERDLIN CITY MANAGER GEORGESCARBOROUGH Stonefield Development LLC Stonefield Cobblestone Collection l ii 23333 Avenida La Caza Cota de Caza, California 92679 RE: Comoliance with Insurance Requirements -Subdivision Improvement Agreements for Tracts 13823 and 15701 The following insurance documents are due to expire: V General Liability Certificate 7/1/2003 v1% V General Liability Endorsement naming the City of San Juan Capistrano as additional insured. LAS, Workers Compensation Certificate 7/1/2003 Please submit updated documentation to the City of San Juan Capistrano, attention City Clerk's office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 by the above expiration dates. If you have any questions, please contact me at (949) 443-6310. Sincerely, /IQC�,I,UYI �2�l�tz�� Dawn Schanderl Deputy City Clerk cc: Sam Shoucair, Senior Engineer DRUG USE IS San Juan Capistrano: Preserving the Past to Enhance the Future THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ACORD CERTIFIC OF LIABILITY INSU NCS, Op ID A DATE IMM/DD YY) CI -AR 11/30/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Crosby Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE C. Hopper Ins . Service, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 8181 E. KAISER BLVD. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ANAHEIM HILLS CA 92808 Phone:714-221-5200 Fax:714-221-5210 INSURERS AFFORDING COVERAGE INSURED INSURER A: STEADFAST INSURANCE CO. INSURER B-. Starnet Insurance Company Lar Jacinto Construction Inc 988 Wabash INSURER C: STATE COMPENSATION INS.FUND INSURER D: Lexington Insurance Co. P.O. Box 615 Mentone CA 92359 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INR LTR TYPE OF INSURANCE POLICY NUMBER POLICYEFFE V DATE MM/DDIYY L YEXPIRATI N DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY SC03838985-00 06/01/02 06/01/03 FIRE DAMAGE (An, ane fire) $50,000 CLAIMS MADE 120 OCCUR MED EXP Any one person) $ 5,000 PERSONAL B ADV INJURY $1,000,000 X Owner/Cont Prot. BROAD FORM PD X XCU Coverage GENERAL AGGREGATE $2,000,000 BLKT CONTRACTUAL COV. GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 POLICY X PRO- LOC JECT B AUTOMOBILE X LIABILITY ANY AUTO 2SMCC213AU014304 06/01/02 06/01/03 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY $ (Per person) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY S (Per accident) X HIRED AUTOS NON -OWNED AUTOS X X X Comp @ $3,000 Ded PROPERTY DAMAGE (Per accident) $ Coll @ $3,000 Ded GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO 11 AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ 4,000,000 A X1 OCCUR 7 CLAIMS MADE SU05216552-01 06/01/02 06/01/03 AGGREGATE $ $ DEDUCTIBLE IS X RETENTION $10,000 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 046000940102 01/01/02 01/01/03 WC STATIJ-7-7= X i TORY LIMITS ER E.L. EACHAcciDENT 81000000 E.L. DISEASE - EA EMPLOYEE $ 1000000 E.L. DISEASE -POLICY LIMIT 1 $1000000 OTHER D Equipment Floater 7472837 06/01/02 06/01/03 Leased/ $300,000 Rented $5,000 DED DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS *10 Days Notice of Cancellation for Non -Payment of Premium. Stonefield Developmetn, Stonefield's Cobblestone Collection LLC, & City of San Juan Capistrano are added as add'1 insureds w/ respect to Gen'l Liab. & Prop Dmg per endorsement attached. RE: Stonefield Cobblestone Collection LLC, Tr. 15701, Lots 1-8 CERTIFICATE HOLDER Y I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano CA 92675 (7/97) CISANJU I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO!!I DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. 9 Steadfast Insurance Company Named Insured: Larry Jacinto Construction, Inc. Policy Number: SC03838985-00 E ZURICH Additional Insured - Including Completed Operations THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part Schedule Person or Organization: Stonefield Development; Stonefield's Cobblestone Collection LLC, and City of San Juan Capistrano Who is an Insured (Section II) is amended to include as an insured the person or organization listed in the Schedule above but only when you and such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability or any demand for "damages" caused by the negligent performance of "your work" or operations at the project designated and described in the Schedule of this endorsement. The insurance afforded the additional insured does not apply to: a. liability or any demand for "damages" in the event of sole negligence of the additional insured; or b "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of the rendering of, or the failure to render, and professional architectural, engineering or surveying services The insurance provided by this endorsement is no broader than the insuring agreement of this policy any may not be the same terms as requited by your contract. Countersigned`-E�i` A-, -__. uthorized Represen ative STF-CGL-1646 C CW (3/02) STATE COMPENSATION INSURANCE FUND MAY 23, 2002 • COICATE HOLDER COPY P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE CITY OF SAN JUAN CAPISTRANO & CAPISTRANO VALLEY WATER DISTRICT - CATHY 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 GROUP: POLICY NUMBER: 766670-2002 CERTIFICATE ID: 30 CERTIFICATE EXPIRES: 07-01-2003 07-01-2002/07-01-2003 PROS: COBBLESTONE COLLECTION This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions, of such policies. G AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 07-01-2002 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER STONEFIELD DEVELOPMENT 23333 AVENIDA LA CAZA COTO DE CAZA CA 92679 SCIF 10265 rEPF-UI: MP 1 3C a N — rn n L. m r < m 011 0 0 N EMPLOYER STONEFIELD DEVELOPMENT 23333 AVENIDA LA CAZA COTO DE CAZA CA 92679 SCIF 10265 rEPF-UI: MP 1 ACQRD CERTIFIC OF LIABILITY INSUI NCF,,OoPa3 s DA07/11/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Brown 6 Brown Insurance of AZ HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4041 N. Central Ave . , Suite 15 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Phoenix AZ 85012 Phone: 602-277-6672 INSURERS AFFORDING COVERAGE INSURED INSURER A: North American Capacity Ins. Stonefield's Cobblestone INSURER B: Collection LLC Stonefield Development INSURER C: 23333 Avenida La Caza INSURER D: Coto De Caza CA 92679-0000 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER DATE MMID DATE IMM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 FIRE DAMAGE (Any one free) $50000 A X COMMERCIAL GENERAL LIABILITY BXG000235200 07/01/02 07/01/03 CLAIMS MADE ❑a{ OCCUR MED EXP (Any we person) $5000 PERSONAL B ADV INJURY $1000000 X $10,000 SIR GENERAL AGGREGATE $2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2000000 17 POLICY PRO- LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Per person) BODILY INJURY $ HIRED AUTOS NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per aocidenU GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR F� CLAIMS MADE AGGREGATE S S DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND ATU- TORVLIMITS ER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ E L. DISEASE - EA EMPLOYEE $ E. L. DISEASE -POLICY LIMIT $ OTHER C r DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: Any and all work performed by Named Insured in the City of San Juan `. _- _ W M Capistrano, CA. Certificate Holder is hereby named as Additional Insured for General Liability coverage only utilizing CG2033 03-97. '�..=� onv 0 CERTIFICATE HOLDER I N I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION SJCAPIS City of San Juan Capistrano 6 Capistrano Valley Water Distri 32400 Paseo Adelanto San Juan Capistrano CA 92675 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30*< DAYS WRITTEN I` NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR License ......m., o nnnmeT TAlenneMrr U7/I(/UZ 1J:Ua 1. .v' v.' 9.1002/003 AC—ORMCERTiFIC OF LIABILITY INSU ONE03 07/17/02 CFS OP 10 s DAEIpNDDyY' PRODUCER THIS CERTIFICATE IS 133UED AS A MATTER OF INFORMATION Brown 6 Brown Insurance of AZ ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4041 N. Central Ave-, #1500 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Boz 33619 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Phoenix AZ 85067 Phone:602-277-6672 INSURERS AFFORDING COVERAGE Stone£ield Develonment 23333 Avenida La Ca a Coto De Cama CA 9267/9-0000 1 :UVEKAGEJ A: IRSURERC, INSURER D THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE PMICY PERIOD INDICATED. NOTWITHSTAWM ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POL"S DESCRIBED HEREIN R SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDRIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L TYPE OFINSURANCE POLICY NUMBEREIN POW pID GATE p LNNTS GENERAL LMBNIIY 32400 Paseo Adelanto NYOBE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE WSURERDIS AGENTS OR EACH OCCURRENCE 51000000 A X COMMERCIALCENERALL SILKY BXWO0235200 07/01/02 07/01/03 FWEDAMAOE(Amwa Ye) %50000 CLAIMSMADE PX OCCUR MED EKP(Mry aro pe rem) --'45000 X $10,000 SIR I IPERSONAL SADV INJURY 91000000 _ GENT. AGGREGATE LIMIT APPLIES PER I GENERAL AGGREGATE 42000000 PRODUCTS -COMPATPAGG 42000000 POLICY r^ PC LOC AUTOMOBILE LIABILITY ANrauro COMBINED SINGLE LIMB (Ee,aJANn) % BODLY INJURY (P°•PMOO^) 4 ALL OWNED AUTOS SCHEDULED AUTOS I BODILY INJURY (Pw.mQ S HIRED AUTOS NOWOWNEO AUTOS I I PROPERTY DAMAGE IRK eviEeM) 4 - — GARAGE UABRRY AUTO ONLY - EA ACCIDENT % OTHERTHAN EA ACC 4 ANY AUTO AUTO ONLY: AGC s "CESS LIABILITY OCCUR CLAIMSMAm I EACH OCCURRENCE % AGGREGATE% 4 DEDUCTIBLE S $ RETENTION 7 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TORY LIMITS ER El EACH ACCIDENT % E. L. DISEASE -EA EMPLOYE i E.L. DISEASE -POLICY LNIT 4 OTHER DESCRIPTION OF OPERATIONSILOCATIONSMEMCLESE'ACLUSIONS ADDED BY ENDORSEMENTISPECML PRO&MIMMS RE: Any and all work performed by Named Insured in the City of San Juan Capistrano, CA. Certificate Holder is hereby named as Additional Insured for General Liability coverage only utilizing CG2033 03/97 ortificats Dewda 11 -0'I - CERTIFICATE HOLDER N I ADDITIONAL INSURED. INSURER LETTER CANCELLATION SJCAPIS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BS CANCELLED BEFORE THE EXPIRATION DATETIIEREOi, THE ISSUING INSURER PALL ENDEAVOR TO MAIL _3OL DAYBWRITTEN City Of San Juan Capistrano 6 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL Capistrano valley Water Distri 32400 Paseo Adelanto NYOBE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE WSURERDIS AGENTS OR San Juan Capistrano CA 92675 REPRESENTATNES. AGVKY LYS (WMT) - FJALVRY 4VRNITA r /VDI �aeP 07/17/02 13:40 FAX 602 664 7024 BROWN & BROWN INSURANCE 1121 003/003 INSURANCE COMPANY: Noaedcan Specialty Ins Cc • POLICY NUMBER: BXG000235200 POLICY DATES: 711102 to 711103 NAMED INSURED: Stonefield Development COMMERCIAL GENERAL LIABILITY CG 20 33 03 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED N CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Who Is An Insured (Section 11) is amended to include as an insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability arising out of your ongoing operations performed for that insured. A person's or organization's status as an insured under this endorsement ends when your operations for that insured are completed. B. With respect to the insurance afforded these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury," `property damage," "personal injury," or "advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. Supervisory, inspection, architectural or engineering activities. 20330397.fmt Copyright, Insurance Services Office, Inc, 19% Page 1 of 1 r, vN, V. 4 e .. Ag1iffib.. .. i....: . I . .......... U014 PRODUCER DATE (MMIDDNY) I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Brown & Brown Insurance of AZ 4041 N. Central Avenue HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Suite 1500 Phmb( AZ 85012 COMPANY A North American Spec Ins C INSURED Stioneflelft Cobblestone Collft*n LLC COMPANY B COMPANY C X V Sionefleld Development Culp 23333 Avenida La Cara Coro Do Caza CA 928790000 COMPANY D N SUMMER *IW"' ININNAME, WMI NIVIN-m- I THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. DO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EMIRATION DATE (MMIDDNY) LIMITS A GENERAL LIABILITY BXG000041100 07/01/00 07/01/02 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 1,000,000 COMMERCIAL GENERAL LIABILITY 7 CLAIMS MADE r—xl OCCUR PERSONAL & ADV INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 OWNERS & CONTRACTORS PROT X $10,000 DED PER OCC; FIRE DAMAGE (Any one Ane) $ 50,000 MED EXP (Any one person) $ 5,000 I A AUTOMOBILE LIABILITY BXG000041100 10/17/01 07/01/02 COMBINED SINGLE LIMIT $ 1,000,000 ANY AUTO BODILY INJURY (Per pawn) It ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Par "aftit $ X HIRED AUTOS X NON -OWNED AUTOS PERSEUES PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY. ANY AUTO EACH ACCIDENT $ AGGREGATE $ A EXCESS LIABILITY BX0000041200 07/01/00 07101/02 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 UMBRELLA FORM $ OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 0TH- I TWC TSTATU —TER OR UMrST EL EACH ACCIDENT $ THE PROPRIETOR/ INCL PARTNERS/EXECUTNE EL DISEASE - POLICY LIMIT $ EL DISEASE - EA EMPLOYEE 1$ OFFICERS ARE EXCL OTHER ***10 Days Notice of Cancellation for Nonpayment of Premi um*** WRIP'TION OF gPERrTIONStTATION&VBilCLESIS,CIAL ITMS C Any an all wor performed by NamedInsured in the City of San Juan Capistrano, CA Certificate Holder and Gpistrano Valley Water District are hereby named as Additional Insured for General Liability coverage only utilizing CG2033 3-9 . City of San Juan Capistrano III Capistrano Valley Water District. 32400 Paseo Adolanto San Juan Capistrano CA 928'15 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR Jennifer Islay, CA License INSURANCE COMPANY POLICY NUMBER: POLICY DATES: NAMEDINSURED: Nor*merican Specialty Ins Co • BXG00041100 7/1/00 to 7/1/02 Stonefield Development COMMERCIAL GENERAL LIABILITY CG 20 33 03 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED N CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Who Is An Insured (Section II) is amended to include as an insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability arising out of your ongoing operations performed for that insured. A person's or organization's status as an insured under this endorsement ends when your operations for that insured are completed. B. With respect to the insurance afforded these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury," "property damage," "personal injury," or "advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. Supervisory, inspection, architectural or engineering activities. 20330397.f nt Copyright, Insurance services Office, Inc., 1996 Page 1 of 7 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www.sanjuancapistrano.org May 18, 2005 Clerk -Recorder's Office County of Orange P.O. Box 238 Santa Ana, California 92701 O[ORROMT(O ESTRRBSMED ' 1961 1776 Re: Notice of Completion — Stonefield's Cobblestone Collection SENT VIA CERTIFIED MAIL The noted document is enclosed for recording: MEMBERS OF THE CITY COUNCIL When placed of record, please return the recorded document to this office. SAMALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN A duplicate copy of this letter is enclosed. Please stamp Document Number and date of recording on the duplicate letter and return it to this office in the enclosed, stamped, self-addressed envelope at your earliest convenience. Thank you for your assistance. Very truly yours n City Cc: Sam Shoucair, Senior Engineer o Nasser Abbaszadeh, Engineering & Building San Juan Capistrano: Preserving the f 0 Pruned on ii paper M ..D nJ D' ru 0 0 O O ri M M 0 0 M1 Retum Redi Fee (EnEorI10rri Required) RestrLLled DeMery Fee (ErMgr6emerd Required) RECORDED AT THE REAST OF AND RETURNED TO: City of San Juan Capistrano City Clerk's Office 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 6103 Margaret R. Monahan, City Clerk San Juan Capistrano, CA NOTICE OF COMPLETION 0 NOTICE IS HEREBY GIVEN that the Subdivision Improvement Agreement between the City of San Juan Capistrano, California, and Stonefield's Cobblestone Collection, L.L.C., whose mailing address is 23333 Avenida La Caza, Coto De Caza, CA 92679, developer of Tract 15701 requires the developer to complete the following, to wit: Construction of improvements in conjunction with the development of Tract 15701, in the City of San Juan Capistrano. That work was completed by said developer on April 20, 2005 according to plans and specifications and to the satisfaction of the City Engineer of the City of San Jan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano at 32400 Paseo Adelanto, San Juan Capistrano, California 92675 as public utility owner, at a regular meeting thereof held on the 17th day of May, 2005, by Resolution No. 05-05-17-01 That upon said Agreement, Golf Insurance Group was the surety for the bonds given by said Company as required by law. Dated at San Juan Capistrano, California, this 17`h day of May 2005. R. Monahan, City Clerk n Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California DO HEREBY CERTIFY, under penalty of perjury that the foregoing Notice of Completion is true and correct, and that said Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Clerk. Dated at San Juan Capistrano this 17th day of May, 2005. vr ret R. Monahan, City Clerk ity f San Juan Capistrano 0 • 5/17/2005 D11 AGENDA REPORT TO: Dave Adams, City Manager FROM: Nasser Abbaszadeh, Engineering & Building Director SUBJECT: Consideration of Notice of Completion, Acceptance of Improvements and Release of Surety for Tract 15701 (Stonefield's Cobblestone Collection, L.L.C.) By motion, Adopt the Resolution accepting the public sewer and water improvement systems as well as the work of improvement for the storm drain, private streets, underground utilities, street monumentation and landscape & irrigation within Tract 15701 and authorizing the release of the corresponding bonds 35 days after recording; and, 2. Direct the City Clerk to process recording of the Notice of Completion with the Orange County Recorder. SITUATION A. Summary and Recommendation Stonefield has requested the City to release the street, street monumentation, storm drain, sewer, water underground utility and landscape & irrigation bonds held by the City. These improvements have been inspected and satisfactorily completed. Staff recommends the release of the corresponding bonds. B. Background Stonefield's Cobblestone Collection, L.L.C., developer of eight residential homes on 3.24 acres of land subdivision in Tract 15701, has completed the improvement work as required by the Conditions of Approval and the Subdivision Improvement Agreement. The final map, along with said Subdivision Improvement Agreement, were approved by the City on June 4, 2002. Agenda Report May 17, 2005 Page 2 With the completion of the improvements as noted in the summary above, the bond release is recommended as follows: Bond # B32644329 I Water 1 $ 55,230 COMMISSION/BOARD REVIEW, RECOMMENDATIONS Not applicable. FINANCIAL CONSIDERATIONS Not applicable. NOTIFICATION The following parties received notifications of this Council agenda report. Stonefield's Cobblestone Collection, L.L.C. Stonefield Cobblestone HOA *Agenda Report included. Agenda Report Paoe 3 RECOMMENDATION By motion, May 17, 2005 1. Adopt the Resolution accepting the public sewer and water improvement systems as well as the work of improvement for the storm drain, private streets, underground utilities, street monumentation and landscape & irrigation within Tract 15701 and authorizing the release of the corresponding bonds 35 days after recording; and, 2. Direct the City Clerk to process recording of the Notice of Completion with the Orange County Recorder. Respectfully submitted, Prepared By: Nasser Abbaszadeh, P.E. Engineering & Building Director NA/SS:jcr Attachments: 1. Resolution 2. Notice of Completion 3. Location Map Engineer, Project Manager 171 RESOLUTION NO. 05-05-17-01 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DETERMINING COMPLETION OF WORK IN ACCORDANCE WITH APPROVED PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF CERTAIN IMPROVEMENTS WITHIN TRACT 15701, STONEFIELD'S COBBLESTONE COLLECTION, L.L.C. WHEREAS, on June 4, 2002, the City of San Juan Capistrano entered into a Subdivision Improvement Agreement with Stonefield's Cobblestone Collection, L.L.C. (Developer), providing for the construction of certain public and private improvements within Tract 15701, Stonefield Cobblestone. WHEREAS, Developer has requested that the City determines that the street, underground utilities, storm drain, water, sewer, landscape and irrigation improvement work, as well as the street monumentation within Tract 15701 are complete and the corresponding sureties be released accordingly. These sureties release are as follows: NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano as follows: SECTION 1. That the works of improvement and monumentation required to be performed by said developer have been completed. SECTION 2. That the completed work is approved. 1 05-17-2005 SECTION 3. That the sureties described in above chart may be fully released 35 days after recording of a Notice of Completion. SECTION 4. That the City Clerk is directed to forward forthwith a Notice of Completion to the County Recorder of the County of Orange for recording. PASSED, APPROVED, AND ADOPTED this 17m day of May, 2005. R. MONAHAN, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 05-05-17-01 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 17th day of May 2005, by the following vote: AYES: COUNCIL MEMBERS: Allevato, Bathgate, Soto, Swerdlin, & Mayor Hart NOES: COUNCIL MEMBERS: None ABS NT: COUN 1- 7BE S: None U (� ( R. MONAHAN, City Clerk 05-17-2005 RECORDED AT THE REQUEST OF AND RETURNED TO: City of San Juan Capistrano City Clerk's Office 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 6103 Margaret R. Monahan, City Clerk San Juan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the Subdivision Improvement Agreement between the City of San Juan Capistrano, California, and Stonefield's Cobblestone Collection, L.L.C., whose mailing address is 23333 Avenida La Caza, Coto De Caza, CA 92679, developer of Tract 15701 requires the developer to complete the following, to wit: Construction of improvements in conjunction with the development of Tract 15701, in the City of San Juan Capistrano. That work was completed by said developer on April 20, 2005 according to plans and specifications and to the satisfaction of the City Engineer of the City of San Jan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano at 32400 Paseo Adelanto, San Juan Capistrano, California 92675 as public utility owner, at a regular meeting thereof held on the 17`h day of May, 2005, by Resolution No. That upon said Agreement, Golf Insurance Group was the surety for the bonds given by said Company as required by law. Dated at San Juan Capistrano, California, this 17`h day of May 2005. Margaret R. Monahan, City Clerk City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California DO HEREBY CERTIFY, under penalty of perjury that the foregoing Notice of Completion is true and correct, and that said Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Clerk. Dated at San Juan Capistrano this 17`h day of May, 2005. Margaret R. Monahan, City Clerk City of San Juan Capistrano ATTACHMENT CA, DEL o eo STREET LOCATION MAP , z,N A \ :m v ATTACHMENT . . 3�r z ��� TE °�� ! ,;!! ,•. . HGb « DEL o eo STREET LOCATION MAP , z,N A \ :m v ATTACHMENT . . 3�r z ��� TE °�� 32400 PASEO ADEA NTO SAN JUAN CAPISTRANO, CA 92675 (949) 4931171 (949) 493-1053 FAX www.sanjuancapistrano.org May 19, 2005 0 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE BATHOATE Vi HART JOE SOTO DAVID M. SWERDLIN On May 17, 2005 the City Council of San Juan Capistrano met regarding: "Consideration of Notice of Completion, Acceptance of Improvements and Release of Surety for Tract 15701 (Stonefield's Cobblestone Collection, L.L.C.)" Item No. D11. The following action was taken at the meeting: Resolution No. 05-05-17-01 adopted accepting the public sewer and water improvement systems as well as the work for the storm drain, private streets, underground utilities, street monumentation, and landscape & irrigation within Tract 15701, and authorizing release of corresponding bonds 35 days after recording; and the City Clerk directed to process recording of the Notice of Completion with the Orange County Recorder. If you have any questions regarding this action, please contact Sam Shoucair, Senior Engineer at 443-6355 for more detailed information. Thank you, MfiYzi Oz Deputy City Clerk Enclosed: Resolution No. 05-05-17-01 Cc: Stonefield's Cobblestone Collection, L.L.C.'; Stonefield Cobblestone HOA; Nasser Abbaszadeh, Engineering & Building Director; Sam Shoucair, Senior Engineer San Juan Capistrano: Preserving the Past to Enhance the Future 01, Printed on recvcletl paper 0 32400 EASED ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX ww ..sanjuancapistrano.org MEMBERS OF THE CITY COUNCIL NOTIFICATION OF MEETING -OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL SAMALLEVATO DIANE BATHGATE MATT HART JOE SOTO DAVID M. SWERDLIN The City Council of San Juan Capistrano will meet at 7:00 p.m. on May 17, 2005 in the City Council Chamber in City Hall, to consider: "Consideration of Notice of Completion, Acceptance of Improvements and Release of Surety for Tract 15701 (Stonefield's Cobblestone Collection, L.L.C.)" — Item No. D11 If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, May 16 , 2005 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a blue "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Sam Shoucair, Senior Engineer. You may contact that staff member at (949) 443-6355 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanmuancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council-agendasesanivancapistrano.oro. Meg Monahan, CMC City Clerk cc: Stonefield's Cobblestone Collection, L.L.C.*; Stonefield Cobblestone HOA; Nasser Abbaszadeh, Engineering & Building Director; Sam Shoucair, Senior Engineer * Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future 0 Printed an re,dcled Faber 0 0 H3. ENGINEERING AND BUILDING DIRECTOR a. FISCAL YEARS 2002-2009 CITY SEVEN-YEAR CAPITAL IMPROVEMENT PROGRAM INTRODUCED (330.40) Proiect Description: This item serves as the introduction of the seven-year Capital Improvement Program (CIP). It is required to provide consistency with the requirements of the State Congestion Management Program and the County Measure M Program. The 2002-03 Capital Improvement Program funds $17,155,784 in projects from a variety of funding programs. No Council action is recommended as this item is scheduled for a public hearing on June 18, 2002 to receive public testimony. Written Communications: Report dated June 4, 2002, from William Huber, Engineering and Building Director. Presentations: William Huber, Engineering and Building Director provided the CIP introduction. Council Action: Moved by Council Member Hart, seconded by Council Member Swerdlin and carried unanimously to receive and file the report introducing the 2002-2009 City Seven -Year Capital Improvement Program. b. FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 15701 APPROVED (STONEFIELD DEVELOPMENT) (600.30): I\ Project Description: The project development has submitted the Final Map for the 3.24 -acre residential development. The map has been found to be in conformance with the Tentative Tract Map and the Subdivision Map Act and needs formal action by the Council for approval. Written Communications: Report dated June 4, 2002, from William Huber, Engineering and Building Director. Presentations: William Huber, Engineering and Building Director reviewed the staff recommendation. Council Action: Moved by Council Member Swerdlin, seconded by Council Member Hart and carried unanimously to approve Final Map for Tract No. 15701, as it conforms to the requirements set forth in the Subdivision Map Act and the approved Tentative Tract Map conditions; authorize the City Engineer and City Clerk to execute the final Map; authorize the Mayor and City Clerk to execute the Subdivision 06-04-02 5 City Council Minutes Improvement Agreement and accept the corresponding securities; and direct the City Clerk to forward the Map and Subdivision Agreement to the County Recorder C. LOS RIOS HISTORIC DISTRICT PARKING LOT — ALTERNATIVE 1 APPROVED WITH PHASED COMPLETION PROCESS (CIP NO. 125)(570.70): Proiect Description: Two alternatives for design of a parking lot for the Los Rios Historic District have been prepared for Council's consideration. Staff recommends approval of Alternative 1 with a phased approach to construction. The proposal also needs to be referred to the Environmental Administrator and Commissions for review. Written Communications: Report dated June 4, 2002 from William Huber, Engineering and Building Director. Presentations: William Huber, Engineering and Building Director, reviewed the design and budget estimates for the two proposals for development of the parking lot. Public Comment: Claudia Niccola, 31721 Los Rios Street, preferred Alternative 1 and commended Staff for their hard work on the project. Council Action: Moved by Council Member Hart, seconded by Council Member Campbell and carried unanimously to approve Alternative 1 Concept Plan for the Los Rios Historic District Parking Lot; direct Staff to submit the project to the Environmental Administrator for environmental determination and Commission referral; and phase project scope in 3 phases, initiating construction of basic parking lot in Phase 2, dependent upon availability of funding. H4. ADMINISTRATIVE SERVICES DIRECTOR a. FISCAL YEAR 2002-03 OPERATING FUND BUDGET INTRODUCED (330.20): Proiect Description: This item serves to introduce the 2002-2003 City operating fund budget. No action by Council is recommended as the item is scheduled for a public hearing on June 18, 2002 to receive public testimony. Written Communications: Report dated June 4, 2002, submitted by Cynthia Russell, Administrative Services Director. 06-04-02 6 City Council Minutes 1 0 • 6/4/2002 AGENDA ITEM H 3 b TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering & Building SUBJECT: Consideration of Approval of Final Map and Subdivision Improvement Agreement for Tract 15701, (Stonefield Development.) RECOMMENDATION By Motion: 1. Approve the Final Map for Tract No. 15701 as it conforms to the requirements set forth in the Subdivision Map Act and the approved Tentative Tract Map conditions. 2. Authorize the City Engineer and the City Clerk to execute the Final Map. 3. Authorize the Mayor and City Clerk to execute the Subdivision Improvement Agreement and accept the corresponding securities. 4. Direct the City Clerk to forward the Map and Subdivision Agreement to the County Recorder. SITUATION A. Summary and Recommendation Stonefield Development, the owner/developer of 8 residential homes, on 3.24 acres of land subdivision in Tract 15701, has submitted the Final Map for City Council consideration and approval. The map, as well as the grading and improvement plans, have been reviewed by the Engineering Division and were found to be in conformance with the Tentative Tract Map and the Subdivision Map Act. All appropriate bonds and fees have been submitted and paid to the City and the developer has signed the City's Subdivision Improvement Agreement (Attachment 1). All applicable conditions of approval required by Resolution 00-01-04-2 (Attachment 2) for Tentative Tract Map 15701 have been met. FOR CITY COUNCIL AGENDA • ,AGENDA ITEM -2- June 4, 2002 B. Background On January 4, 2000, the City Council adopted Resolution No. 00-01-04-2 conditionally approving Vesting Tentative Tract Map 15701, consisting of 8 residential lots. The map, as well as all improvement plans for Tract 15701, has been reviewed and approved by the City Engineer. The City Planning Director has approved the covenants, conditions and restrictions (CC&R's). The final items listed below have been reviewed and found to be in compliance with the requirements of the Final Tract Map: 1. Applicable Subdivision fees 2. Subdivision Improvement Agreement executed in duplicate 3. Faithful Performance and Labor and Material bonds for: a. Street Improvement b. Storm Drain Improvement c. Sewer Improvement d. Water Improvement e. Landscape and Irrigation Improvement f. Survey Monumentation (Faithful Performance only) COMMISSION/BOARD REVIEW, RECOMMENDATIONS The project has been previously reviewed and approved by the Environmental Review Board, Transportation Commission and the Planning Commission. FINANCIAL CONSIDERATIONS All applicable fees have been paid and the required sureties posted with the City. NOTIFICATION Stonefield Development DCI Engineering Inc., ALTERNATE ACTIONS By Motion: a) 1. Approve the Final Map for Tract No. 15701 as it conforms to the requirements set forth in the Subdivision Map Act and the approved Tentative Tract Map conditions. 2. Authorize the City Engineer and the City Clerk to execute the Final Map. 'AGENDA ITEM -3- June 4, 2002 3. Authorize the Mayor and City Clerk to execute the Subdivision Improvement Agreement and accept the corresponding securities. 4. Direct the City Clerk to forward the Map and Subdivision Agreement to the County Recorder. b) Do not approve above Final and Subdivision Improvement Agreement. c) Refer to Staff for additional information. RECOMMENDATION By Motion: 1. Approve the Final Map for Tract No. 15701 as it conforms to the requirements set forth in the Subdivision Map Act and the approved Tentative Tract Map conditions. 2. Authorize the City Engineer and the City Clerk to execute the Final Map. 3. Authorize the Mayor and City Clerk to execute the Subdivision Improvement Agreement and accept the corresponding securities. 4. Direct the City Clerk to forward the Map and Subdivision Agreement to the County Recorder. Respectfully Submitted: Prepared By: 1 WMH/SS Attachments: 1. Subdivision Improvement Agreement 2. Resolution 00-01-04-2 for TTM 15701 3. Location Map C: WyFiles\Agenda\Tracts\TR 15701 A. W P D RESOLUTION NO. 00-01-04-2 APPROVING MITIGATED NEGATIVE DECLARATION AND TENTATIVE TRACT MAP 15701 (ROMER/STONEFIELD DEVELOPMENT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A MITIGATED NEGATIVE DECLARATION AND APPROVING TENTATIVE TRACT MAP 15701, AN EIGHT -LOT TENTATIVE TRACT MAP FOR A 3.24 -ACRE PARCEL LOCATED AT 32101 DEL OBISPO STREET AND MORE PRECISELY REFERRED TO AS ASSESSORS PARCEL NUMBER (ROMER/STONEFIELD DEVELOPMENT) WHEREAS, Carlos Romer, 32101 Del Obispo Street, San Juan Capistrano, CA 92675; and Stonefield Development, Arthur McCaul, Director, 23333 Avenida la Caza, Coto de Caza, CA 92679, represented by KD Housing Partners, Attn.: John Durso, 10 Crystal Pool, Irvine, CA 92612, have requested approval of a tentative tract map (TTM) to subdivide an existing 3.24 -acre property into eight (8) single-family lots ranging in size from approximately 0.28 -acre to approximately 0.57 -acre with access via a privately maintained cul-de-sac street connected to Calle Aspero; and, WHEREAS, the proposed project has been processed pursuant to Section 9- 2.301, Development Review of the Land Use Code; and, WHEREAS, the Environmental Administrator has reviewed the project initial study prepared pursuant to Section 15063 of the California Environmental Quality Act Guidelines and, pursuant to Section 15070 of the California Environmental Quality Act Guidelines, has issued a mitigated negative declaration and caused a Notice of Negative Declaration to be posted pursuant to Section 15072 of the California Environmental Quality Act Guidelines; all mitigation measures have been included herein as conditions of approval, and the City has otherwise complied with all applicable provisions of the California Environmental Quality Act; and, WHEREAS, the Planning Commission conducted duly -noticed public hearings on October 12 and November 23, 1999 pursuant to Section 9-2.313 of the Municipal Code to consider public testimony on the proposed project; and, WHEREAS, the Design Review Committee conducted a public meeting on Wednesday, November 3 to review the proposed grading and retaining wall preliminary design with respect to the City's "scenic drive" designation for Del Obispo Street; and, WHEREAS, the City Council conducted a duly -noticed public hearing on January 4, 2000 to consider public testimony on the proposed project. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano hereby makes the following findings: 1. The proposed project is consistent with the policies and objectives of the San Juan Capistrano General Plan, specifically, the Land Use Element which designates the property as 1.3, medium -low density residential" (3.5 du/acre) which would allow a maximum -1- ATTACHMENT 2 0 0 of eleven (11) single-family residential lots/dwellings on the property, while the project proposes eight (8) lots. Consequently, the proposed use is the same as that envisioned by the General Plan and the density is less than the maximum allowed by the General Plan; and, 2. The proposed project is consistent with the policies and objectives of the San Juan Capistrano General Plan, specifically, the Circulation Element which designates Del Obispo Street as a primary arterial because the project is designed to provide for the dedication of the necessary public right-of-way to accommodate the future widening of the street to an arterial standard; and, 3. The proposed project is consistent with the policies and objectives of the San Juan Capistrano General Plan, specifically, the Scenic Highways Element which designates Del Obispo Street as a "scenic road" because mitigation measures require that the project prepare and submit design concepts for the Del Obispo Street Corridor which would establish an aesthetic and unifying design theme for the Del Obispo Street Corridor; and, 4. The proposed project complies with all applicable provisions of the Land Use Code and specifically the Section 9-3.424, Development standards for the "RS" (single- family residential) Zone District subject to the mitigation measures and conditions of approval contained in this resolution; and, 5. The proposed project complies with all applicable provisions of the Land Use Code and specifically Title 9, Article 4, Subdivision Regulations with respect to street design, grading, stormwater management, water facilities, and park dedication subject to the conditions of approval contained herein; and, 6. The proposed project complies with all applicable provisions of the California Environmental Quality Act because the City's has identified all potentially significant impacts of the project, and the proposed mitigation measures will reduce those potentially significant environmental impacts to a level of insignificance, and said mitigation measures have been included herein as conditions of approval. BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano hereby approves the mitigated negative declaration, and approves Tentative Tract Map 15701 subject to the following mitigation measures and conditions of approval: Mitigation Measures M.M.1. Prior to City approval of any improvements plans for the subdivision grading and retaining wall, the project will prepare and submit design concepts for the proposed retaining wall, grading and hillside landscaping consistent with the "scenic drive" designation of Del Obispo Street, for review and approval by the Planning Commission. The design concepts will include the use of alternative retaining wall materials and/or 1%:1 reinforced slopes (i.e. geogrid), and alternative landscape plant palettes which are consistent with the design character of the Del Obispo Corridor. The City will work cooperatively with the project to secure the timely review and approval of the "Del Obispo Corridor Design Concept." -2- 0 0 M.M.2. The existing trees (Deodars and Aleppo Pines) along the westerly property line and the existing street trees (Jacarandas and Brazilian Peppers), shall be preserved. The project grading plan shall indicate the location and drip line limit of those trees. Prior to issuance of a grading permit, the project grading plan will identify the limits of grading so as to assure that all grading along the westerly property line is outside the drip line of existing trees (Deodars and Aleppo Pines), and all grading and retaining wall trenching along the Calle Aspero frontage is outside the drip line of the street trees. M.M.3. Prior to site grading, the project shall install stakes or temporary fencing at the limits of grading to prevent grading within the drip lines of those trees designated for preservation including existing trees along the westerly property line and the street trees along Calle Aspero. M. MA. In the event any of the existing trees along the westerly property line would die as a result of grading, as determined by the Planning Director on the recommendation of the project arborist. the project shall replace such trees with the same species, or a comparable species subject to approval of the adjoining property owner, with a minimum forty-eight (48) inch box nursery stock. In the event any of the existing street trees would die as a result of grading, as determined by the Planning Director on the recommendation of the project arborist. the project shall replace such trees with the same species, and comparably sized nursery stock. M.M.S. Prior to grading permit issuance, the project shall submit a landscape plan for Planning Commission review and approval. The project shall preserve the existing Ficus (#947) and preserve or relocate the existing Washington Palm (#952) which shall be indicated on the preliminary landscape plan. M.M.6. Prior to issuance of a grading permit, the applicant shall submit a dust control plan for minimizing PM,, emissions associated with grading and construction to the satisfaction of the Planning Director or his designee. Such a plan or procedures for PM,, emissions reduction will be consistent with South Coast Air Quality Management District (SCAQMD) Rule 403 and may include use of soil binders, truck washing, street sweeping, and regular vehicle maintenance. M.M.7. During grading operations, the site shall be periodically wetted -down and maintained in a condition which minimizes the production of fugitive dust emissions (PM,o). M.M.B. During periods when average wind speeds exceed twenty-five (25) miles per hour, the City's Building Official shall have the authority to require the project to cease all grading activity, or implement extraordinary air quality mitigation to effectively reduce fugitive dust emissions (PM,,). M.M.9. The proposed grading plan including finished slopes, stormwater drainage, and related improvements shall be designed to comply with all applicable City grading ordinances and policies. Prior to the issuance of a grading permit, the -3- 0 9 City shall determine that the project complies with all applicable provisions of Title 8 and Title 9 of the Municipal Code related to grading. M.M.10. Proposed retaining walls shall be designed by a professional engineer and constructed to standards and specifications established by the City Engineer. In conjunction with the submission of improvement plans for the proposed retaining walls, the applicant shall submit a soils study/geotechnical report prepared by a qualified engineering geologist which analyzes soils and geologic conditions and provides specific recommendations on the design of the proposed retaining walls. M.M.11. Manufactured slopes shall not exceed a maximum finished grade of 2:1, or 1'/::1 for slopes reinforced with geogrid or comparable slope stabilizing material. M.M.12. Prior to grading permit issuance, the project will provide evidence to the satisfaction of the Planning Director that all adjoining property owners have been provided the opportunity to have their homes and property photo -documented with respect to the physical condition of the property, immediately prior to and following the completion of mass grading. Notification will be provided by first- class mail, return -receipt requested and property owners will be given at least ten (10) days to arrange for such photo -documentation. M.M.13. Prior to issuance of any grading or building permit, the project shall submit a stormwater management plan for the project which evaluates drainage areas, stormwater runoff, existing stormwater drainage facilities, and the need for additional stormwater improvements which shall be prepared to the satisfaction of the City Engineer. Prior to issuance of any building or grading permits, the City Engineer or his designee shall determine that the existing public stormwater drainage facilities potentially impacted by the project are adequate to accommodate all drainage associated with the project. The City Engineer may require the project to upgrade existing public stormwater drainage facilities in order to accommodate the project's runoff. M.M.14. Prior to approval of the final subdivision map, the project shall demonstrate compliance with the City's stormwater drainage standards for subdivisions using "Best Management Practices" (BMP) subject to the review and approval of the City Engineer or his designee. M.M.15. The proposed stormwater drainage line extending from the subdivision street turn -around to Calle Aspero shall include a surface drainage swale within the storm drainage easement and over the storm drain line to accommodate stormwater in the event the line were to become obstructed by debris. M.M.16. Construction including grading and building activity shall comply with Municipal Code Noise Ordinance and specifically, grading and building shall only be permitted to occur Monday through Friday from 7:00 a.m. to 6:00 p.m.; and Saturday from 8:30 a.m. to 4:30 p.m. Construction activity is prohibited on Sunday and all Federal holidays. -4- 0 0 M.M.17. All construction equipment shall be properly maintained and affixed with functional OEM (original equipment manufacturer) mufflers to minimize noise impacts. The Building Official or his designee shall have authority to prohibit the use of any heavy equipment with damaged or faulty mufflers, until equipment is repaired accordingly. M.M.18. The proposed subdivision street shall be designed to provide a minimum twenty- five (25) foot wide unobstructed travelway (pavement) with on -street parking permitted on only one -side of the street. The project shall install necessary signage which indicates the parking restriction along the subdivision street. M.M.19. The proposed cul-de-sac subdivision street shall include a turn -around design which complies with the design guidelines of the Orange County Fire Authority (OCFA), either a standard cul-de-sac or "hammerhead" turn around. M.M.20. Prior to the issuance of any grading permit, the project shall secure approval of a haul route plan for the importation of fill to the site. The haul route plan will restrict truck ingress to the site via Del Obispo Street. Truck egress from the site may be provided via Calle Aspero or Del Obispo Street. The specific route and location of ingress and egress points shall be subject to approval by the City Engineer. Conditions of Approval 21. Prior to final map approval, the project will prepare and submit street improvements plans consistentwith the street lighting requirements of Section 9-4.108 of the Land Use Code. 22. Prior to final map approval, the project will submit details and plans for protection of existing street trees along Calle Aspero and will provide a performance bond to cover the full cost of replacement for any trees which may die as a direct or indirect result of grading or construction. Prior to grading permit issuance, the project grading bond will include the cost of replacement of all existing Calle Aspero street trees. Within one year of construction of the retaining wall along Calle Aspero, the City will inspect the condition of the Calle Aspero street trees. The project shall be responsible for such trees with the largest available nursery stock, not to exceed the caliper of the original tree, of the same species or alternate species subject to approval by the Public Works Manager. 23. Prior to final map approval, the project will submit a street signing plan, as part of the street improvement plans, which shows the location of signs restricting on -street parking to only one -side of the proposed cul-de-sac street, consistent with the City's public facility standards. Prior to issuance of the first occupancy permit, the project shall install all signs consistent with the City -approved street improvement plans. 24. Prior to final map submission, the project will submit preliminary landscape plans for all proposed manufactured slopes over eight (8) feet in height subject to review and approval by the Planning Commission. -5- 0 0 Prior to approval of the final map, the project will submit Conditions, Covenants, & Restrictions (CC&Rs) which establish a Homeowners Association to maintain all major slopes. Prior to final map approval, the project will delineate the areas of manufactured slopes in excess of eight (8) feet vertical height (i.e. major slopes) which shall be subject to the sole maintenance responsibility of the Homeowners Association. Prior to approval of the final map, the project will submit final landscape plans which demonstrate compliance with the City's Water Conserving Landscape standards to the satisfaction of the Planning Director. 25. Prior to final map approval, the improvement plans shall include the provision of "overflow" surface drainage in a shallow swale situated over the proposed storm drain easement subject to approval by the City Engineer or his designee. Further, the proposed storm drainage line shall be designed to connect to the existing below ground storm drainage facilities at the intersection of Del Obispo/Calle Aspero. 26. Prior to final map approval, the project improvement plans shall include design plans for boundary privacy walls for each proposed lot directly adjoining existing single family homes. Walls shall consist of decorative block or comparable material subject to approval by the Planning Director or his designee, and shall be a minimum five (5) foot in height. Proposed walls for Lot 1 at the corner of Calle Ricardo and Calle Aspero shall comply with the provisions of 9-3.605, Visibility at intersections. Prior to issuance of the first occupancy permit for any dwelling unit, the project shall complete construction of the boundary privacy walls. 27. Prior to final map approval, the project will pay park in -lieu fees to the City in the amount of $38,720 pursuant to Section 9-4.305(b) of the Municipal Code. 28. Prior to final map submission, the project will submit preliminary design plans for all slope grading and retaining walls along the Del Obispo Street frontage to accommodate the ultimate widening of Del Obispo Street consistent with the "Master Plan of Streets and Highways (MPSH)" subjectto the review and approval of the Planning Commission. Prior to final map approval, the project will submit final design plans for all slope grading and retaining walls along the Del Obispo Street frontage subject to review and approval by the City Engineer and the Planning Director. All retaining walls, along either Del Obispo Street or Calle Aspero, shall be located outside the public right-of-way. The project shall have sole responsibility for the cost of designing and constructing all retaining walls located along the Del Obispo and Calle Aspero street frontage. The City shall have responsibility for the cost of grading within the ultimate Del Obispo Street right-of-way. The project will prepare and submit construction cost estimates including the cost of grading within the ultimate Del Obispo Street right-of-way subject to review and approval by the City Engineer. The City and the project shall enter into a reimbursement agreement for such grading consistent with the provisions of the previously executed agreement between Romer and the City, and as part of the Seven (7) Year Capital Improvement Program (CIP) for year 2000-2008, the City will budget adequate capital funds to reimburse the project for the City's share of grading. Prior to issuance of any M 0 0 building permits, the project will complete all grading and retaining wall construction consistent with the City -approved public improvement plans. Upon inspection and determination by the City Engineer that all grading has been completed per City - approved plans, the City will reimburse the project consistent with the executed reimbursement agreement. 29. Prior to final map approval, the project shall prepare and submit final plans for the Del Obispo Street frontage slope treatment (retaining wall and manufactured slope) consistent with Planning Commission -approved design guidelines including a combination of over -steepened, l'/::1 geogrid-reinforced slope with maximum three (3) foot high retaining wall in the public right-of-way. Said right-of-way to include a seventeen (17) foot wide parkway as measured from the face of the ultimate curb (west side) along Del Obispo Street. The developer shall have approval to locate a maximum six (6) foot high retaining wall at the top of slope capped with a maximum four (4) foot high clear glass (plexiglass) fence. 30. Prior to final map approval, the project improvement plans shall include provisions for undergrounding the existing overhead utilities along the Del Obispo Street frontage consistent with the City's public facility design guidelines and subject to the satisfaction of the City Engineer or his designee. 31. Prior to issuance of any grading, building, and/or occupancy permits, the project shall submit payment for the outstanding overdrawn developer deposit account Engineering Conditions of Approval 32. 1.1, Compliance. The Tract/Parcel Map shall be developed in full compliance with the State of California Subdivision Map Act and the City of San Juan Capistrano Municipal Code, except as authorized by the City Council and/or Planning Commission. The attention of the Developer and his Engineer is directed to Section 9-2.3 and 9-4 of the Municipal Code (Engr.). 33. 1.2, Pay Fees. The applicant shall fulfill all applicable fee requirements in accordance with the City Municipal Code, Section 9-2:316 and post securities to insure satisfaction performance (Engr.). 34. 1.3, Storm Runoff,.Hydraulic/hydrology Calculations. The applicant shall submit to the City Engineer for review and obtain approval for a Storm Runoff study prepared by a Registered Civil Engineer showing existing and proposed facilities, hydraulic and hydrologic calculations and the methods of draining on-site and tributary areas without exceeding the capacity of any affected street or facility. Said study shall be consistent with the City's Master Drainage Plan in accordance with all applicable City regulations, OCEMA design criteria, and standards (Engr.). 35. 1.17, Sewer Manholes to be Lined. The�Sewe�Plans shall indicate that all proposed sewer manholes shall be lined with poly -urethane, or equal approved material in accordance with Section 500 of the standard specifications for Public Works Construction, at the developer's cost (Eng.). -7- 0 9 36. 1.5, Soils/Geology. The applicant shall submit to the City Engineer and Building and Safety Manager for their review and obtain approval for a Soils Report/Geotechnical Feasibility Study prepared by a Registered Geologist and/or Soil Engineer to determine the seismic safety and soils stability of all proposed grading and development improvements within the project and preliminary pavement sections and substructure bedding/backfill recommendations (Engr.). 37. 1.8, Grading. The applicant shall submit to the City Engineer and Building and Safety Manager for their review and obtain approval for Grading Plans prepared by a Registered Civil Engineer. These plans shall show the limits of grading, drainage, sewer, water and parkway/street improvements. The extent of the topography shall be extended enough to determine the drainage impacts to adjacent properties. The elevations shall correspond with the Orange County benchmark datum. All drainage must be conveyed to the street or a City approved drainage facility (Engr.). 38. 1.9, Drainage Barrier Between Slopes and Streets. All street sections located within 20 feet or less, from the toe of a slope of 10' in height or more, shall be protected from underground water seepage by cut-off drainage barriers, in accordance with City Standard Plan No. 350. Any.exception shall be subject to review and approval by the City Engineer (Engr.y. 39. 1. 11, Erosion. The applicant shall submit to the City Engineer and Building and Safety Manager for their review and obtain approval for Erosion/Silt Control Plans prepared by a Registered Civil Engineer. These plans shall show all temporary and/or permanent erosion control devices, effective planting of graded slopes, practical accessibility for maintenance purposes and proper precautions to prevent public trespass onto certain areas where impounded water may create a hazardous condition (Engr.). 40. 1.12, Drainage. The applicant shall submit to the City Engineer for review and obtain approval for Drainage Plans specific to the project which reflect consistency with the City's Drainage Master Plan. These plans shall show locations of all existing and proposed facilities (Engr.). 41. 1.16, Sewer and Water. The applicant shall submit to the City Engineer, for review and obtain approval for, Sewer and Water Plans prepared by a Registered Civil Engineer. These plans shall be specific to the project which reflect consistency with the City's Sewer and Water Master Plans, City's standards, specifications and codes and the Capistrano Valley Water District's standards. In order to provide adequate fireflow, the proposed water system must be "looped" by extending the proposed water line from the proposed cul-de-sac northerly to connect with the existing water main in Calle Aspero. The project shall be financially responsible for a portion of the cost to upgrade the existing six (6) inch water main in Calle Aspero along the project frontage to the Water Master Plan -proposed twelve (12) inch water main. The project's portion of the capital cost shall be equivalent to the cost of upgrading the existing six (6) water in Calle Ricardo and Calle Aspero to an eight (8) water line. Prior to approval of the water improvement plans or the final map, the project must demonstrate to the satisfaction of the City Engineer that adequate fire flow exists to serve the project consistent with Orange County Fire Authority (OCFA) standards (Eng..). 191 42. 1.18, Street Improvement. The applicant shall submit to the City Engineer, for review and obtain approval for, Street Improvement Plans, prepared by a Registered Civil Engineer. These plans shall show all existing and proposed improvements including storm drain, sewer and water (Engr.). 43. 1.28, Tentative Map Compliance and Closure Calculations. The applicant shall submit to the City Engineer for review and obtain approval for a Final Map in substantial compliance with the approved Tentative Map. Said Map shall be accompanied with traverse closure calculations and an updated Title Search Report (Engr.). 44. 1.29, HOA Maintained Improvements. The applicant shall indicate on the Final Map that all streets, drainage, street lights, street signage and striping improvements within the interior of this subdivision designated as private shall be maintained by the Homeowners Association(s) or other provisions for maintenance which may be subsequently approved by the City (Engr.). 45. 1.32, Street Access Release. The applicant shall indicate and show on the Final Map the following release: "Subdivider hereby releases and relinquishes to the City of San Juan Capistrano, all vehicular access rights to Del Obispo Street, Calle Aspero, and Calle Ricardo except at street intersections and City approved driveway locations." (Engr.) 46. 1.33, CC&R's. The applicant shall submit for review to the City's Engineering and Building and Planning Departments, and shall obtain the approval of the City Attorney for Covenants, Conditions and Restrictions (CC&R s) and/or Homeowner's Agreements which shall indicate all areas and facilities to be owned and maintained by the Master Association and/or Sub -Association (Engr.). 47. 1.34, Construction Cost Estimate. The applicant shall submit to the City Engineer for review and obtain approval for an estimate of quantity and construction cost prepared by a Registered Civil Engineer. Said estimate shall include costs for construction of all street improvements, signing and striping, street lights, storm drains, sewers, landscape, irrigation systems, installation of survey monuments and centerline ties-@tnd, all utilities relocation (Engr.). 48. 1.35, Post Bond/Provide Securities. The applicant shall provide performance bonds/securities for 100% of each estimated improvement cost as prepared by a Registered Civil Engineer and approved by the City Engineer and City Attorney for each, but not limited to, street improvements, signing and striping; street lights; storm drains, sewer, landscaping and irrigation in rights-of-way, private slopes and open space. In addition, the applicant shall provide laborand materials bonds/securities for 100% of the above estimated improvement costs as determined by the City Engineer (Engr.). 49. 1.39, Submission of Digital Map per County Requirement. Prior to recordation of the Final Map, the applicant shall submit for review and obtain approval of the Orange County surveyor for, a digital Tract/Parcel Map pursuant to Orange County Ordinance 3809 of January 28, 1991. The applicant shall pay for all costs of said digital submittal including supplying digital copies to the City of the final County Surveyor approved digital map in a .DXF format. ma .50. 2.4, Submit Mylar of Final Map. The applicant shall submit to the City Engineer a reproducible copy/mylar of the project's recorded Final Map (Engr.). 51. 2.5, Recycling/Reduce Debris Act of 1989 (CIWMA). The applicant shall submit to the City Engineer for review and obtain approval for a program complying with the requirements of the California Integrated Waste Management Act of 1989 to reduce construction and demolition debris through recycling (Engr.). 52. 2.6, NPDES and Clean Water Act of 1990 Compliance. The applicant shall submit to the City Engineer for review and obtain approval for a Water Quality management Plan (WQMP) specifically identifying structural and non-structural Best Management Practices (BMP's) that will be used on-site to control predictable pollutant runoff (Engr.). 53. 2.10, Obtain Haul Route Permit. The applicant shall submit a permit application, provide security deposit and obtain a Haul Route Permit from the Engineering Division which will specify the dates and times and head ways for hauling activities (Engr.). 54. 3.1; Filing with County Surveyor the Corner Records. The applicant's surveyor shall file the appropriate corner records with the County Surveyor and show written affirmation indicating compliance with the County Recorder, as required by Section 8771 of the Business and Professions Code (Engr.). 55. 3.2, Complete all Improvements to the City's Satisfaction. The applicant shall complete, to the satisfaction of the City Engineer, all facility improvements necessary to serve the development in accordance with the approved plan and approved exceptions (Engr.). 56. 4.2, Provide As -Built Mylars. The applicant shall submit to the City Engineer for review and obtain approval for the reproducible "As Built" Plans of all improvement works completed and accepted. Said plan shall be prepared by a Registered Civil Engineer (Eng.). PASSED, APPROVED, AND ADOPTED this 4th day of January , 2000. LLEN AMP LL, MAYOR ATTEST: CITY CLERK) 0 0 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) 1, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 00-01-04-2 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 4th day of January 2000, by the following vote: AYES: Council Members Greiner, Swerdlin and Mayor Campbell NOES: None ABSTAIN: Council Member Jones ABSENT: Council Member Hart (SEAL) CHERYL JOH"ON,dtlTY CLERK -11- pd[''Cyesve:.-.° e.[ .: : sc:• , aaE.$EL. aa"#4k.%�3 tEgised'i-i FF ^ g Lag °:• d[c�LeBF5[SEFps[e.gqai Rd^ Fd$ds§e F adsE3Sss�°5!oe;EQs.f`cE€EQvaxz a 7s�9cSe�f+L6iER�d€i�:ji+s';a f ¢sad °sLRa Sej'e .{€ a F ii a�=-ie3�.'i o5oegg5'eF'st dSc�o eg3L, s3 SEFF: a •aekce :. k LFF'sE 3e:gskk $ of e - 6 ck sive Est R 5e,jk {F, �a ak a 3SR; ¢ QEF a€ {; a .e L.��'�'4 Of c L? a 9 s..qqpE 5£ S g8' . a . {° s Ei E 9:"e•a °°•° � L } � EQOiQ S]S R P .QZd Q� �° �..Ce•P.�.�DF� � m d a .aj9 ta'� • :k^; .i 5P LieL='`Q,L{5 �., �: Q - eQ r � L 3 ' -ii•L a z Si[9♦ < a 1: i q:6� F P° S{�{ [i I.�. �� kg�l�E '� ➢ //" ]i f 4 c o 1 m 2 — m an C v " n E P 95 N i aa¢ `�'(FtPf Rd5 ii z {•3 Fpa.: 3A: e �a DEL OBISPO STREET LOCATION MAP 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493.1053 (FAX) www.sanjuancapistrano.org June 5, 2002 • • /�/ II[Iltllllfl nulu+w � 1961 1776 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO MEMBERS OF THE CITY COUNCIL DW L DATHGATE JOHN S. GELFF COLLENE CAMPBELL MATT HART DAVID M. SWERDLIN CITY MANAGER GEORGE SCARBOROUGH On June 4, 2002 the City Council of San Juan Capistrano met regarding: "Consideration of Approval of Final Map and Subdivision Improvement Agreement for Tract 15701, (Stonefield Development)" Item No. H3b The following action was taken at the meeting: Final Map for Tract No. 15701 approved, as it conforms to the requirements set forth in the Subdivision Map Act and the approved Tentative Tract Map conditions; City Engineer and City Clerk authroized to execute the final Map; Mayor and City Clerk authroized to execute the Subdivision Improvment Agreement and accept the corresponding securities; City Clerk directed to forward the Map and Subdivision Agreement to the County Recorder. The aforementioned documents are in the process of being executed and processed. If you have any questions regarding this action, please contact Sam Shoucair, Senior Engineer at 443-6355 for more detailed information. Thank you, Me on han, CMC City Cle Cc: Stonefield Development; DCI Engineering, Inc.; William M. Huber, Engineering & Building Director; Sam Shoucair, Senior Engineer DRUG USE IS �(�' San Juan Capistrano: Preserving the Past to Enhance the Future I-� 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) www.sanjuancapistrano.org IA(IAIIAIIO IeAunlu 1961 1776 MEMBERS OF THE CITY COUNCIL DIANE L. BATHGATE COLLENE CAMPBELL JOHN S. GELFF MATT HAAT DAVID M. SWERDLIN CITY MANAGER GEORGE SCARBOROUGH NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 7:00 p.m. on June, 2002 in the City Council Chamber in City Hall, to consider "Consideration of Approval of Final Map and Subdivision Improvement Agreement for Tract 15701, (Stonefield Development)" — Item No. H3b If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at City Hall by 5:00 p.m. on Monday, JuneX 2002 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a blue 'Request to Speak' form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Sam Shoucair, Senior Engineer. You may contact that staff member at (949) 443-6355 with any questions. Thank you for your interest, Meg han, CMC City lerk (949 -6308 cc: Stonefield Development; DCI Engineering, Inc.; William M. Huber, Engineering & Building Director; Sam Shoucair, Senior Engineer Received staff report DRUG USE IS San Juan Capistrano: Preserving the Past to Enhance the Future SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "A" WORKS OF IMPROVEMENT TRACT 15701 Type of Improvements: Grading Erosion and Silt Control Street and Storm drain Improvements Sanitary Sewer Water Landscaping/Irrigation Street Monuments Utility - Del Obispo Underground Conversion CAMyFiles\Tracts Agreements\TR15701.SUB-A.wpd -15- Estimated Construction Cost Or Bond Amount Processed through BLDG. Division Processed through BLDG. Division $ 76,934 X $ 38,126 s+� $ 55,230 %C $419,083 ✓ x $ 5,000 $175> 00 \ MEMORANDUM TO: Dawn Schanderl, Deputy City Clerk FROM: Sam Shoucair, Senior Engineer 0 SUBJECT: Tract 15701 Stonefield's Cobblestone Collection, LLC February 27, 2002 Please find attached, for yourfiles the original sets of the applicable bonds required by the Engineering Division in connection with the development of the subject Tract. There is no Subdivision Improvement Agreement yet. They are still processing their map. I have attached the list of all the bonds that would be required at the time the subdivision improvement agreement is processed and checked all the ones we have collected. Attachments C:W1yFiles\Memos-Conditions\Bond matters with City Clerk\ r15701.WPD e r� U 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) www.sanjuancapistrano.org September 8, 2002 Clerk -Recorder's Office County of Orange P.O. Box 238 Santa Ana, California 92701 MEMBERS OF THE CITY COUNCIL DIANE L. BATHGATE COLLENE CAMPBELL JOHN S. GLUT MATT HAAT DAVID M. SWERDLIN CITY MANAGER GEORGE SCARBOROUGH Re: Subdivision Improvement Agreement — TTM 15701 (Stonefield's Cobblestone) Enclosed, please find the noted document for recordation, accompanied by check no. 001161/Stonefield Cobblestone Collection: When placed of record, please return said documents to this office. Thank you for your assistance. Very truly yours Mgaret R. Monahan C Cler cc: Sam Shoucair, Senior Engineer DRUG USE 1s San Juan Capistrano: Preserving the Past to Enhance the Future 0 Recording Requested by and When Recorded Mail To: City of San Juan Capistrano Attention: City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 IM r at Monahan, City Clerk C of San Juan Capistrano SUBDIVISION IMPROVEMENT AGREEMENT SUBJECT: TENTATIVE TRACT MAP 15701 THIS AGREEMENT is between the City of San Juan Capistrano, a municipal corporation, State of California, hereinafter referred to as "City" and Stonefield's Cobblestone Collection, L.L.C., whose mailing address is 23333 Avenida La Caza, Coto De Caza, CA, 92679, hereinafter referred to as "Subdivider": THIS AGREEMENT shall be administered by the City in accordance with Resolution No. CVWD 97-10-7-1, for all involvement associated with the Capistrano Valley Water District, hereinafter referred to as "District", WHEREAS, the tentative map application was conditionally approved by Resolution No. 00-01-04-2; and WHEREAS, Subdivider is the owner of that certain parcel of land situated in the City of San -Juan Capistrano, Orange County, generally known and described as Tentative Tract Map 15701 and Subdivider agrees with all the requirements set forth in Resolution No. 00-01- 04-2 and proposes to do and perform certain work of improvement thereon as hereinafter set forth; and WHEREAS, City and District desire to assure that said proposed improvements will be done in a good workmanlike manner and in accordance with the laws now in force and effect in the City of San Juan Capistrano, California, the terms and conditions of which are incorporated herein by reference; and WHEREAS, Subdivider declares that he is familiar with the pertinent regulations contained in the City Code and in the Subdivision Map Act (Government Code Sections 66410 to 66500) and agrees to comply therewith; and WHEREAS, a Final Map of said subdivision, prepared in accordance with the City's Subdivision dinance, has been filed by Subdivider with City for approval by the City Council; 1 - ATTACHMENT 1 0 0 NOW THEREFORE, in consideration of the approval and acceptance by the City Council of City and the Capistrano Valley Water District of said Final Map and the acceptance of easements therein offered for dedication for public purposes and the covenants herein contained, the parties hereto mutually covenant and agree as follows: General Requirements: Subdivider shall, at his own cost and expense, provide all required tests, design work, equipment, materials and labor in order to complete all of the works of improvement (the "Works of Improvement"), set forth in Exhibit "A", to the satisfaction of the City Engineer. Such work of improvement shall include but not be limited to street, dedication of right-of-way along Del Obispo street to accommodate its ultimate width, sewer, water, storm drain, the placement of curb markers and filter devices at all proposed street catch basin inlet structures in accordance with the National Pollutant Discharge Elimination System (NPDES), landscape & irrigation and the undergrounding of overhead utilities. Security: A. Subdivider shall, at all times beginning with the execution of this agreement, guarantee Subdivider's performance of this agreement by providing City and District with the following security instruments (the "Security Instruments"), as required by the State Subdivision Map Act, on forms approved by City and District for the purposes and in the amounts as follows: (1) A Faithful Performance Bond to ensure faithful performance of this agreement in regard to said improvements in the amount of 100% of the estimated cost of construction of the improvements; and (ii) A Labor and Materials Bond to secure payment to any contractor, subcontractor, persons renting equipment or furnishing labor or materials for the improvements required to be constructed or installed pursuant to this agreement in the additional amount of 100% of the estimated cost of construction of the improvements; and (iii) A Subdivision Monument Bond in the amount of 100% of the estimated cost of setting subdivision monuments as shown in Exhibit "A". B. In order to guarantee and warranty the Works of Improvement and in addition to the security instruments referenced in Paragraph 2(A) above, Subdivider shall provide to City and District the following Security Instruments: -2- 0 9 (1) Prior to the City's final acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall provide to City a Warranty Bond for Works of Improvement warranting the accepted Works of Improvement for a period of one (1) year following said acceptance against any defective work or labor done or defective material furnished. The amount of such Warranty Bond for Works of Improvement shall be equal to twenty-five percent (25%) of the estimated construction cost set forth in Exhibit "A", or a suitable amount determined by the City Engineer. (ii) Prior to the City's final acceptance of the landscape and irrigation Works of Improvement, Subdivider shall provide a Landscape and Irrigation Warranty Bond warranting the landscape and irrigation Works of Improvement fora period of (1) year following said acceptance against any defective work or labor done or defective material furnished for any reason other than improper maintenance. The amount of such Landscape and Irrigation Warranty Bond shall be equal to twenty percent (20%) of the landscape architect's estimated construction cost, or a suitable amount determined by the City's Director of Engineering and Building. The Landscape and Irrigation Warranty Bond shall be held by the development's Homeowners' Association ("HOA"). If this development is not subject to the formation of a HOA, then the Landscape and Irrigation Warranty Bond (if determined to be applicable by the Director of Engineering and Building) shall be held by the City. All Security Instruments required by this agreement, with the exception of the Landscape and Irrigation Warranty Bond which is submitted to the development's HOA, shall be kept on file with the City Clerk. The terms of the Security Instruments required bythis agreement are hereby incorporated in this agreement by reference. City shall release the Faithful Performance Bond upon Subdivider's written request following acceptance by City of the Works of Improvement and Subdivider's delivery to City of the Warranty Bond for Works of Improvement. City shall release the Labor and Materials Bond upon Subdivider's written request and following acceptance by City of the Works of Improvement and after expiration of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part 4 of Division Third of the California Civil Code. If lien claims have been timely filed, City shall hold the Labor and Materials Bond until (a) such claims have been resolved, (b) Subdivider has provided a statutory bond, or -3- 0 0 otherwise as required by applicable law. City shall release the Warranty Bond for Works of Improvement upon Subdivider's written request following the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work. The release of the Landscape and Irrigation Warranty Bond held by the HOA will be determined by a separate agreement between the developer and the HOA. 2.1 Form of Security Instruments. All Security Instruments shall meet the following minimum requirements and otherwise shall be in a form acceptable to the City Attorney: (1) Any insurance company acting as surety shall have a minimum rating of A -IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858; any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's; (ii) Payments under the Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the County of Orange, State of California; (iii) Each of the Security Instruments shall have a minimum term of one (1) year after the deadline for Subdivider's completing the Works of Improvement, in accordance with paragraph 3 herein; (iv) The Security Instruments shall reference Subdivider's obligations under this Agreement, shall be irrevocable, and shall include as an additional obligation secured the responsibility to compensate City for all of the City's attorneys' fees and litigation expenses reasonably incurred enforcing its rights under the Security Instruments. 3. Time of Completion: All of the Works of Improvement shall be completed within twenty-four (24) months from the effective date of this Agreement. The time for completion may be extended by the City Engineer, in writing, for good cause shown by the Subdivider. Subdivider shall compensate the City for all costs reasonably incurred in having its authorized representatives perform the usual and customary engineering services during said extension as specified in Paragraph 19 below. In the event that Subdivider fails to complete the Works of Improvement within said period or any approved extension, the City may -4- 0 0 complete said work and shall be entitled to recover the full cost and expenses thereof from Subdivider, or his surety as herein provided. The City may require Subdivider, or his surety, to pay the City in advance, sufficient monies to cover the City's cost in completing construction of said Works of Improvement. 3.1 Force Maieure: Notwithstanding the provisions of paragraph 3 herein, Subdivider's time for completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikes, lockouts, acts or failures to act of a public agency (including City), required changes to the Scope of Work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than thirty (30) days prior to City's receipt of a written notice from Subdivider or its contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. 3.2 Continuous Work: After commencement of construction of the Works of Improvement (or separable portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period of more than thirty (30) days, events of force majeure excepted. 3.3 Reversion to Acreage: In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.11-66499.20-3/4. In this regard, Subdivider agrees that if none of the Works of Improvement referenced herein have been made within the specified "Time of Completion" referenced in paragraph 3 above orwithin the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, any improvements made by or on behalf of Subdivider after the date City initiates such action shall not be considered in determining City's authority to revert the Property to acreage. 4. Effective Date of Agreement: This Agreement shall not become effective unless and until the subdivision map has been approved by the City Council and also accepted for recordation by the County Recorder of the County of Orange. 5. Utility Deposits - Statement: -5- 0 0 Prior to the commencement of any work to be performed within the area delineated on the Final Map, the Subdivider must file a written statement with the City Clerk and City Engineer, signed by the Subdivider, and each public utility corporation involved, to the effect that Subdivider has made all deposits legally required by such public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the subdivision. 6. Permits - Compliance with Law: Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction of required improvements, give all necessary notices and pay all fees and taxes required by law. Definition and Ownership of Improvements: The term "improvements" means: grading, paving, curbs and gutters, pathways, storm drains, sanitary sewers, domestic and non-domestic water, utilities, such as electric, telephone and cable N, conduits, gas lines, drainage facilities, traffic controls, landscaping and irrigation, street lights, and all other required facilities as shown in detail upon plans, profiles and specifications which have been prepared or are now in final preparation by engineers acting for Subdivider subject to approval by the City Engineer. No work on said improvements shall be commenced until plans and profiles therefore have been submitted to, approved and permitted by the City Engineer. All required public improvements constructed or installed pursuantto this Agreement shall become the sole exclusive property of the City and District, without payment therefore, upon acceptance of said improvements by the City Council and Water Board. 8. Obligations of Subdivider: Notwithstanding the fact that Subdivider's plans and specifications, completion of the work, and other acts are subject to approval of the City, it is understood and agreed that any approval by the City thereof shall in no way relieve Subdivider of satisfactorily performing said work or the related obligations hereunder. The construction shall be done strictly in accordance with the plans and specifications including supplementals and revisions prepared by Subdivider or its registered engineer, and as approved by the City as being consistent with the City Code and Standards. Subdivider warrants that its plans and specifications conform as a minimum to said codes and standards and that they are adequate to accomplish the work in a good workmanlike manner and in accordance with responsible construction practices. In addition to the foregoing, Subdivider shall satisfy all the conditions of approval set forth on the City approved tentative map for the Property. M 0 0 Subdivider shall also perform all work and furnish all materials necessary, in the opinion of the City Engineer and on his order, to complete the Works of Improvement in accordance with the plans and specifications on file as hereinbefore specified, or with any changes required or ordered by said Engineerwhich, in his opinion, are necessary or required to complete this work. 9. Intent of Plans and Specifications The intent of the plans and specifications referenced above is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer (or designee) and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the plans and specifications may not specifically call out all items of work required for the contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made of information necessary to carry out the full intent and meaning of the plans and specifications, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the plans, specifications, or related documents, reference shall be made to the City Engineer whose decision thereon shall be final. 10. Superintendence by Subdivider: Subdivider shall give personal superintendence to the Works of Improvement, or have a competent foreman or superintendent, satisfactory to the City Engineer, on the work at all times during progress, with authority to act for Subdivider. In the event satisfactory superintendence is not being exercised by the Subdivider, the City Engineer may order suspension of all workwithin the subdivision until the deficiency is adequately corrected. 11. Repair and Replacements: Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, or pay to the owner the entire cost of replacement or repairs, for all survey monuments or for any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or by any public or private corporation, or by any person whomsoever or by combination of such owners. Any such repair or replacement shall be completed in a reasonable manner and subject to the approval of the City Engineer and affected property 12. Inspection by City: -7- 0 0 Subdivider shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work and to the shops where the work is in preparation. The cost of inspections shall be paid by the Subdivider. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Subdivider or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted. No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered. The date on which the Works of Improvement will be considered as complete shall be that date on which the City Council accepts the improvements and authorizes the City Clerk to file a Notice of Completion with respect thereto. 13. Authority of the City Engineer: All required improvements shall be constructed under the inspection of and subject to approval of the City Engineer. Therefore, it is mutually agreed by the parties hereto that the City Engineer shall have the right to reject any or all of the work to be performed under this contract if such work does not conform with City Codes and Standards and the plans and specifications mentioned herein, including subsequent revisions that may have been previously overlooked during the plan review process. Any damage to the improvements (existing or new) that occurs during or after installation of work performed under this Agreement shall be repaired or replaced, by the Subdivider, to the satisfaction of the City Engineer before the final acceptance of completed work and release of security. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to make a final decision in regard to all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor. 14. Changes in the Work: The City Engineer, without invalidating this Agreement and without notification to any of the sureties referenced in paragraph 2, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer to accomplish the purposes of this Agreement and to protect the public health, In 9 9 safety, and welfare. It is mutually understood that it is inherent in the nature of the work contemplated by this Agreement that some changes in the plans and specifications and related documents may be necessary during the course of construction to adjust them to field conditions and to assure the protection of the public health, safety, and welfare. The City Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the Works of Improvement. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. 15. No Warranty by City and/or District: The plans and specifications and related documents for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the plans or specifications or related documents. 16. Liability for Performance, Iniury or Damage: Neither the City, District nor any of their officers or agents shall be liable to Subdivider or its contractors for any error or omission arising out of or in connection with any work to be performed under this contract. Additionally, the City and/or District shall not be liable to the Subdivider or to any other person, firm, or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever in, on, or about the subdivision of said land covered by this Agreement, or any part thereof. 17. Indemnification and Release: Prior to the commencement of any work pursuant to this contract, Subdivider's contractors shall furnish to City and/or District satisfactory evidence of an insurance policy written upon a form and by a company (which meets with the approval of City and/or District) insuring City and/or District, its officers, agents, and employees against loss or liabilitywhich may arise during theworkorwhich may result from any of the work herein required to be done, including all costs of defending any claim arising as result thereof. Minimum liability and property damage insurance shall be not less than $500,000 for all damages arising out of bodily injury to or death of one person and not less than $1,000,000 for all damages arising out of bodily injuries to or death of more than one person in any one occurrence; and not less than $500,000 for all damages and/or destruction of property in any one occurrence and not less than $750,000 for all damages and/or destruction of property during the policy period. Said policy shall be in favor of Subdivider or its contractors and of the City and/or District, its officers, agents, and employees and shall be maintained in full force and effect during the life of this Agreement, including extensions. Said policy shall state by its terms and by an endorsement that it shall not be canceled until City 0 0 and/or District shall have had at least ninety (90) days' notice in writing of such cancellation. The Subdivider hereby releases and agrees to defend, indemnify and hold the City and/or District harmless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage and liability, howsoever the same may be caused and whensoever the same may appear, resulting directly or indirectly from the performance or nonperformance of any or all work to be done in and upon the subject property and the premises adjacent thereto pursuant to this Agreement, and also from any and all injuries to and deaths of persons and injuries to property or other interests and all claims, demands, costs, loss, damage, and liability, howsoever the same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the Subdivider, the Subdivider's agents, employees, and subcontractors, while engaged in the performance of said work. 18. Liability of Subdivider: The Subdivider agrees that the use for any purpose and by any person of any and all of the streets, easements and improvements herein specified shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the City and/or District of the completed street and other improvements thereon and therein; provided that acceptance by the City and/or District shall in no way eliminate or lessen any of the Subdivider's obligations or undertakings contained in this Agreement. The issuance of any occupancy or use permits (if granted) by the City for buildings located within said subdivision shall not be construed in any manner to constitute an acceptance and approval of any or all of the required improvements in said subdivision. 19. Subdivider's Expenses. The Subdivider shall pay these additional expenses: a. The Subdivider shall cause to be made and/or pay for soil tests made by a reputable geotechnical consultant/firm to determine stability, gradation, bearing, and resistance value of soils, associated with the development of the subject subdivision, from which to determine the nature and design of appropriate improvements. The Subdivider shall also pay for all compaction and related tests necessary to determine that all fill work and the utility trench backfill has been satisfactorily placed. b. All service (including plan check and inspection), impact and connection fees as established by City and District shall be paid for each lot in the subdivision in accordance with the City and District Standard Specifications and Drawings. -10- C. All actual costs for design, plan check, development process and inspection incurred by the City and District in evaluating any proposed or agreed upon change in work. In no event shall Subdivider be entitled to additional inspections or final inspection and acceptance of any of the Works of Improvement until all City and District fees and charges have been fully paid, including, without limitation, charges for applicable penalties and additional required inspections. d. Subdivider shall compensate the City for all actual costs reasonably incurred in having its authorized representatives make the usual and customary engineering services beyond the specified "Time of Completion" referenced in paragraph 3 above. Said actual costs include: inspection of Works of Improvement, engineer design review, plan check and project development process. Subdivider agrees to pay the cost of said City services within forty-five (45) days of invoice date, or as determined by the City Engineer. 20. Relationship of Contractors: It is hereby mutually covenanted and agreed by the parties hereto that Subdivider's contractors are not agents of the City and/or District , and that the contractors' relations to City, if any, are those of independent contractors. 21. Certification of Satisfactory Completion: Upon the satisfactory completion of the Works of Improvement by the Subdivider, the City Engineer shall certify that the Works of Improvement have been satisfactorily completed. ,22. Repair or Reconstruction of Defective Work: If, within a period of one year after City Council acceptance of the improvement work performed under this Agreement, any of the improvements or work done under this Agreement fails to fulfill any of the requirements of this Agreement, or the specifications referred to herein, Subdivider shall without delay and without any cost to the City (upon receipt of written notice from the City), repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, or should the exigencies of the case require repairs or replacements to be made before Subdivider can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to City and/or District the actual cost of such repairs plus an amount equivalent to the current general City and/or District overhead costs. 23. Warranty: -11- 0 0 Without limiting the foregoing, Subdivider warrants and guarantees: materials used and workmanship performed on said work for a period of one (1) year after completion and acceptance thereof by the City, the setting of all required Final Map monuments and agrees to maintain all required landscaping in a vigorous and thriving condition for a period of twelve (12) months after completion and written acceptance thereof by the Director of Engineering and Building and by the Homeowner's Association. Only the warranty security for the landscape improvement shall be posted with the Homeowner's Association. All other security instruments shall be submitted to the City in accordance with Section 2 above. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law. 24. Default: 24.1 Remedies Not Exclusive: In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may be entitled. 24.2 City and District Rights to Perform Work: In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event Subdivider shall fail to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of thirty (30) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to diligently pursue the cure of any such default to completion, City and/or District shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recoverfrom Subdivider and the surety company, or both, the full cost and expense thereby incurred by City and/or District. 24.3 Attorney's Fees and Costs: In the event of any litigation arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and costs shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. 25. Notice of Completion: -12- 0 0 Upon approval of the Works of Improvement by the City Engineer and acceptance by the City Council, the Subdivider shall file with the Orange County Recorder a Notice of Completion of the improvements herein specified. 26. Filing of Improvement Plans: Upon completion of the job and prior to final acceptance of the Works of Improvement by the City, the Subdivider shall submit to the City Engineer for review and approval, one Mylar (4 mils) set of "record" drawings. These drawings shall be certified and shall reflect thejob as actually constructed, with all changes incorporated therein. 27. Assignment: This agreement shall not be assignable by Subdivider without written consent of City. IN WITNESS WHEREOF, two (2) identical counterparts of this agreement, each of which shall for all purposes be deemed an original th reof, have been duly executed by the Subdivider herein named on theway of2pJ , 2007-, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. STONEFIELD'S COBBLESTONE COLLECTION, LLC A California Limited Liability Company By: STONEFIEJ, IIEV�CPMENT, A Californip Corporati as mana. embe ROBERT C. PACK, P (Attach Notary Acknowledgment) -13- CITY OF SAN JUAN CAPISTRANO By: �WVI Dv MAY V �_ Attest: " — G " �/� CITY CLERK APPROVED AS TO FORM: By: Pl4rY ATTORNEY 0 0 Attachments: (1) Exhibit "A" C:\MyFiles\Tracts Agreements\TR15701.SUB-A.wpd -14- r s SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "A" WORKS OF IMPROVEMENT TRACT 15701 Type of Improvements: Grading Erosion and Silt Control Street and Storm drain Improvements Sanitary Sewer Water Landscaping/Irrigation Street Monuments Utility.- Del Obispo Underground Conversion C:\MyFiles\Tracts Agreements\TR15701.SUB-A.wpd -15- Estimated Construction Cost Or Bond Amount Processed through BLDG. Division Processed through BLDG. Division $ 76,934 $ 38,126 $ 55,230 $ 419,083 $ 5,000 $ 175,500 0 s CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On MCLrCh 2, Q000 1_, before me, Chris L. McPherson, Notary Public, personally appeared !rt )QD EX7 k,:-. 1'( -GK personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. TNESS my hand a ial seal. CHRIS L. MC PHERSON Commission aR 1231776 Notary Public - California orange county My Corm,. Expires Aug g, 2003 Notary Seal n u PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 118 1) 0 On June 18, 2002 before me, Margaret R. Monahan, City Clerk, personally appeared Diane Bathgate personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacities, and that by her signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. (SEAL) WITNESS my hand and official seal. Monahan, City Clerk OPTIONAL Capacity Claimed by Signers Description of Attached Document Mayor Title Signers are Representing Subdivision Improvement Agreement Title or Type of Document The City of San Juan Capistrano 15 plus acknowledgments Number of Pages June 18. 2002 Date of Document Robert C. Pack Signer(s) Other Than Named Above SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "A" WORKS OF IMPROVEMENT TRACT 15701 Type of Improvements: Grading Erosion and Silt Control Street and Storm drain Improvements Sanitary Sewer Water Landscaping/Irrigation Street Monuments Utility .- Del Obispo Underground Conversion J C:VyFiles\Tracts Agreements\TR15701.SUB-A.wpd _15_ Estimated Construction Cost Or Bond Amount Processed through BLDG. Division Processed through BLDG. Division $ 76,934 $ 38,126 $ 55,230 $ 419,083 $ 5,000 $ 175,500 + BOND NO: BE2634276 PREMIUM: $923.00/TWO YEARS SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE . 66499.0 (STREET AND STORM DRAIN) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and STONEFIELD DEVELOPMENT (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements, which said .Agreement dated �Piilry((1jU �� )4a00 and made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, we, the Principal and GULF INSURANCE COMPANY , as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of *SEVEN SIX THOUSAND NINE HUNDRED THIRTY FOUR AND 00/IOOTHS*($76,934.00) Dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 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. TK 157,91 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder. Executed this 12TH day of X82001 at SAN DIEGO APPROVED AS TO FORM: Z�/j e.y- CITY ATTORNEY Page 2 - Subdivision Performance Bond , PRINCIP STONEF FEBRUARY , California. ROBERT C. PACK, PRESI (NOTARIZATION AND SEAL) SURETY DAVID C. BANFER, ATTORNEY-IN-FACT (NOTARIZATION AND SEAL) STATE OF CALIFORNIA I )ss COUNTY OF SAN DIEGO) ON 02/12/2001 -1 before me, M. Givens, personally appeared David C. Banter, 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 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. WITNESS my hand and official seal. hA. GIVS',S C CC, Signature (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) GULF INSURANCE COMPANY HAZELWOOD, MISSOURI POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. KNOW ALL MEN BY THESE PRESENTS: That the Gulf Insurance Company, a corporation duly organized under the laws of the State of Missouri, having its principal office in the city of Irving, Texas, pursuant to the following resolution, adopted by the Finance & Executive Committee of the Board of Directors of the said Company on the 10th day of August, 1993, to wit: "RESOLVED, that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make., execute and deliver a Power of Attorney constituting as Attorney -in -Fact, such persons, firms, or corporations as may be selected from time to time, and any such Attorney -in -Fact may be removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED, that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in-fact to sign, execute, acknowledge, deliver or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED, that the signature of the President, Executive Vice President or any Senior Vice President, and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached.' Gulf Insurance Company does hereby make, constitute and appoint David C. Banfer Of San Diego, in the State of California its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds, undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorney(s)-in-fact, pursuant to the authority herein given, are hereby ratified and confirmed. The obligation of the Company shall not exceed three million (3,000,000) dollars. IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. 4 �af'oP Oggr �O; GULF SURANCE COMPANY V F STATE OF NEW YORK i SS Lawrence P. Miniter COUNTY OF NEW YORK J Executive Vice President On this 16th day of November, A.D. 2000, before me came Lawrence R Miniter, known to me personally who being by me duly sworn, did depose and say: that he resides in the County of Bergen, State of New Jersey; that he is the Executive Vice President of the Gulf Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. �\D JgFF OP T 9 Y STATE OF NEW YORK � COUNTY OF NEW YORK SS ''c�`OF NL�-P b" _ David Ja� Notary Public, State of New York No. 02JA4958634 Qualified in Kings County Commission Expires December 30, 2001 I, the undersigned, Senior Vice President of the Gulf Insurance Company, a Missouri Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. _ Signed and Sealed at the City of New York. \FSpRnncp C\ 0 Vp oqq bio 0U AT < F Dated the day�eF-) FEBRUARY 2001 George Biancardi Senior Vice President CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ss. 't On 5, before me, 1 I r (J D.td 1 Name nal Titlee off/ORicer b, g., personally appeared �� I _, ''�(l Z CHRIS L MC PHERSON Commission # 1231776 z i f' asOn Notary Public- California� Orange County a MyCornm.E-OresAugi?, 3 Place Notary Seal Above 14ersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the persorl whose name(o is/are subscribed to the within instrument and acknowledged to me that he/so/th6 executed the same in his/hor/thil authorized caoacity(ig), and that by his/h)&(r/thir signatulon the instrument the person(54, or the entity upon behalf of which the person acted, executed the instrument. IT HISS my n ial se ublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying 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: Document Date: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ Ger ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Co rvator ❑ Other: of Pages: RIGHT THUMBPRINT Of SIGNER lop of thumb here 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Fred. No. 5907 Reorder: Call Toll -Free 1$00-87&6827 Bond No. BE2634276 PREMIUM.INCLUDED IN PERFORMANCE BOND SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE, SECTION 66499.2) (STREET AND STORM DRAIN) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and STONEFIELD DEVELOPMENT (hereinafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements which said Agreement, dated GPbrutLrU 0— Y ' and identified as Project TRACT 15701, SAN JUAN CAPISTRANO / is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement; NOW, THEREFORE, we, the Principal and GULF INSURANCE COMPANY , as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum Of *SEVENTY SIX THOUSAND NINE HUNDRED THIRTY FOUR AND 00)100THS** Dollars ($76,934.00*** ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that, if the above bound Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. ,As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees loft The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specificationsaccompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, atter ation or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the 12TH day of FEBRUARY , X22001, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its un rsigne resentati/es pursuant to authority of its governing body. PRINCIPAL STONEFIEL A P�VEO AS TO F R (NOTARIZATION AND SEAL) I RICHARD K. DENHALTER, CITY ATTORNEY NOTE: Please Attach Acknowledgement and Power of Attorney 2 of 2 SURETY DAVID C. BANFER, ATTORNEY—IN—FA.CT (NOTARIZATION AND SEAL) STATE OF CALIFORNIA) )ss COUNTY OF SAN DIEGOI ON 02/12/2001 , before me, M. Givens, personally appeared David C. Banfer, 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 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 persons) acted, executed the instrument. WITNESS my hand and official seal. t r, j Signature (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) GULF INSURANCE COMPANY HAZELWOOD, MISSOURI POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. KNOW ALL MEN BY THESE PRESENTS: That the Gulf Insurance Company, a corporation duly organized under the laws of the State of Missouri, having its principal office in the city of Irving, Texas, pursuant to the following resolution, adopted by the Finance & Executive Committee of the Board of Directors of the said Company on the 10th day of August, 1993, to wit: 'RESOLVED, that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney -in -Fact, such persons, firms, or corporations as may be selected from time to time, and any such Attorney -in -Fact may be removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED, that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in-fact to sign. execute, acknowledge, deliver or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED, that the signature of the President, Executive Vice President or any Senior Vice President, and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached." Gulf Insurance Company does hereby make, constitute and appoint David C. Banfer Of San Diego, in the State of California its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds, undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorney(s)-in-fact, pursuant to the authority herein given, are hereby ratified and confirmed. The obligation of the Company shall not exceed three million (3,000,000) dollars. IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. SV eANCE a�a�PPONgr�o';y GULF SURANCE COMPANY SEAL P STATE OF NEW YORK SS yS50JP Execwre ce P President COUNTY OF NEW YORK On this 16th day of November, A.D. 2000, before me came Lawrence P. Miniter, known to me personally who being by me duly sworn, did depose and say: that he resides in the County of Bergen, State of New Jersey; that he is the Executive Vice President of the Gulf Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. .JAD Jq,c� b" OP �T 9 �' �� David Ja y Notary Public, State of New York STATE OF NEW YORK SS y o ¢ No. 02JA4958634 COUNTY OF NEW YORK �QUB1x �� Qualified in Kings County F NE`N Commission Expires December 30, 2001 I, the undersigned, Senior Vice President of the Gulf Insurance Company, a Missouri Corporation, 00 HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. SV eANCc Signed and Sealed at the City of New York. ? �o ('VPPOflgta�` yi SEAL .trjSsoJ� / Dated the A P2TH day�ef7 FEBRUARY 2001 Geor a Biancardi Senior Vice President CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of - (�iQJY]Q� J 1 On �& 1 1�53oZMI, before me, Data personally appeared p CH2A L MC PHERSON Cam 1123 1776 a ,- � Notory Publ(c -California ,.. ' Orange County My Comm.E%0rE5Aug9,23M Place Notary Seal Above 0_ i (personally known to me I proved to me on the basis of satisfactory evidence to be the person(,0 whose name( is/a7(: subscribed to the within instrument and acknowledged to me that he/sy%/thdy executed the same in his/qr/thVr authorized capacity(ig�), and that by his/hO/thdir signature(on the instrument the person( or the entity upon behalf of which the personO acted, executed the instrument. W,14e'N�SS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying 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: Document Date: Number o ages Signer(s) Other Than Named Above- Capacity(l es) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here Ll Corporate Officer — Title(s): L Partner — ❑ Limited ❑ General Attorney in Fact ❑ Trustee / C Guardian or Conservat ❑ Other: Signer Is Repenting: ©1997 National Notary Association • 9350 De Soto Ave., P O. Box 2402 • Chatsworth, CA 91313-24D2 Prod. No. 5907 Reorder Call Toll -Free 1-800-876-6827 ISSUED IN TRIPLICATES BOND NO: BE2634276 PREMIUM: $923.00/TWO YEARS SUBDIVISION FArrHFU . PERFORMANCE BOND (GOVERNMENT CODE . 66499.0 (STREET AND STORM DRAIN) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and STONEFIELD DEVELOPMENT (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements, which said .Agreement dated E'e g�){' uajQ a (P � aoo , and made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, we, the Principal and GULF INSURANCE COMPANY , as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obliged'), in the sum of *SEVEN SIX .THOUSAND 'NINE HUNDRED THIRTY FOUR AND 00/100THS*($76,934.00) Dollars, lawful money of the United States, for the payment of which sum well and truly 'to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 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 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, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder. Executed this 12TH day of FEBRUARY 1$2001 at SAN DIEGO , California. PRINCIPAL STONEFIEL DEVELOPM NT ROBERT C. PACK, PR T APPROVED AS TO FORM: CITY ATTORNEY Page 2 - Subdivision Performance Bond (NOTARIZATION AND SEAL) SURETY DAVID C. BANFER, ATTORNEY—IN—FACT (NOTARIZATION AND SEAL) STATE OF CALIFORNIA) )ss COUNTY OF SAN DIEGO) ON 02/12/2001 , before me, N. Ortiz, personally appeared David C. Banfer, 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 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. WITNESS my hand and official seal. r N. Danz L0 CommtssZ n t IV= -i Notary Pub0c - Ccditr)o i, son Diego county 1 p^ MYC r.,.:^i fiy vs Aug62002 Signature �V `� � �*.*:*****:err**::****::::srr*■rr*wr**��*******r*r***�**r*+r�►*srrrrrrr*s** (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) GULF INSURANCE COMPANY HAZELWOOD, MISSOURI POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. KNOW ALL MEN BY THESE PRESENTS: That the Gulf Insurance Company, a corporation duly organized under the laws of the State of Missouri, having its principal office in the city of Irving, Texas, pursuant to the following resolution, adopted by the Finance & Executive Committee of the Board of Directors of the said Company on the 10th day of August, 1993, to wit: "RESOLVED, that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney -in - Fact, such persons, firms, or corporations as may be selected from time to time, and any such Attorney -in -Fact may be removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED, that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in-fact to sign, execute, acknowledge, deliver or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED, that the signature of the President, Executive Vice President or any Senior Vice President, and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached." Gulf Insurance Company does hereby make, constitute and appoint David C. Banfer Of San Diego, in the State of California its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds, undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorney(s)-in-fact, pursuant to the authority herein given, are hereby ratified and confirmed. The obligation of the Company shall not exceed three million (3,000,000) dollars. IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. 4.s'`'OPPOq r°o,� GULF SURANCE COMPANY STATE OF NEW YORK SS ySSOVp Executive Lawrence P. Miniter a President COUNTY OF NEW YORK On this 16th day of November, A.D. 2000, before me came Lawrence P. Minder, known to me personally who being by me duly sworn, did depose and say: that he resides in the County of Bergen, State of New Jersey; that he is the Executive Vice President of the Gulf Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. J\D JA,cF v OP T 9 20 `�C David ja STATE OF NEW YORK y Y Notary Public, State of New York $$ y q G Q No. 02JA4958634 COUNTY OF NEW YORK pUB�x Qualified in Kings County P NE`N Commission Expires December 30, 2001 I, the undersigned, Senior Vice President of the Gulf Insurance Company, a Missouri Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. _ Signed and Sealed at the City of New York. \�SOPAn CE c\ J`OpPOR,gr� 0;9 SEAL M�Ssoop` / Dated the ff1 TTH- ' /day eif7 FEBRUARY 20 01 George Biancardi Senior vice President CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 County of � ?^ Jrn no e, J ss. On mob, 3 acne, before me, Date n personally appeared CHRIS L MC PHERSON Commission # 1231776 Z Notary Public - California Orange County My Comm. Bores Aug9,= Place Notary Seal Above personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person whose name( is/afe subscribed to the within instrument and acknowledged to me that he/slo/th0y executed the same in his/h,60th fir authorized capacity(i94), and that by his/h�r/thg'Ir signature(f on the instrument the person(, or the entity upon behalf of which the person(?) acted, executed the instrument. WI QESS my hand and pfficia s I. Signature of Notaly Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another docu rr saat-- Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — El Partner Limited ❑ Attorney in Fact ❑ Trustee ❑ Guardian Conserv ❑ O Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER 1997 National NotaryAssociation • 9350 De Soto Ave.. PO. Box 2402 - Chatsworth, CA 91313-2402 Prod No. 5907 Reorder Call Toll -Free 1-800-876-6827 ISSUED IN TRIPLICATES Bond No. BE2634276 PREMIUM:INCLUDED IN PERFORMANCE BOND SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE, 5ECTION 66499.2) (STREET AND STORM DRAIN) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and STONEFIELD DEVELOPMENT (hereinafter designated as "Principal'), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements which said Agreement, dated FQbruaru i;— , -k62Q0J and identified as Project TRACT 15701, SAN JUAN CAPISTRANO is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement; NOW, THEREFORE, we, the Principal and GULF INSURANCE COMPANY as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum Of *SEVENTY SIX THOUSAND NINE HUNDRED THIRTY FOUR AND 00/100THS** Dollars ($76.934.00** ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that, if the above bound Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees lof 2 The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specificationsaccompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNE55 WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the 12TH day of FEBRUARY 122001] the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatiies pursuant to authority of its governing body. PRINCIPE STONEFI A P OVED AS TO F RbA (NOTARIZATION AND SEAL) /A1C -t- ( RIC,ARD K. DENHALTER, CITY ATTORt:E_ NOTE: Please Attach Acknowledgement and Power of Attorney 2 of 2 SURETY DAVID C. BANFER, ATTORNEY-IN-FACT (NOTARIZATION AND SEAL) STATE OF CALIFORNIA} }ss COUNTY OF SAN DIEGO} ON 02/12/2001 , before me, N. Ortiz, personally appeared David C. Banfer, 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 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. WITNESS my hand and official seal. K ORTR carnmizion a t t 7M y Notary Public - Calm Son NOW County 2M2 r Signature ****rr***•*rr*r*r:ar*r*ss*****�r*■ss***�***xr*****s�***�****r***s►rs**r***•r (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) GULF INSURANCE COMPANY HAZELWOOD, MISSOURI POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. KNOW ALL MEN BY THESE PRESENTS: That the Gulf Insurance Company, a corporation duly organized under the laws of the State of Missouri, having its principal office in the city of Irving, Texas, pursuant to the following resolution, adopted by the Finance & Executive Committee of the Board of Directors of the said Company on the 10th day of August, 1993, to wit: "RESOLVED, that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney -in -Fact, such persons, firms, or corporations as may be selected from time to time: and any such Attorney -in -Fact may be removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED, that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in-fact to sign, execute, acknowledge, deliver or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED, that the signature of the President, Executive Vice President or any Senior Vice President, and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached." Gulf Insurance Company does hereby make, constitute and appoint David C. Banfer Of San Diego, in the State of California its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds, undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorney(s)-in-fact, pursuant to the authority herein given, are hereby ratified and confirmed. The obligation of the Company shall not exceed three million (3,000,000) dollars. IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. SupPNOE ��� OpPOgyt OOy GUL<J F�i�SUR`ANCE COMPANY •TI/iA�.11.Car.�- " STATE OF NEWYORK J SS a'sso�a Lawrence P. Miniter COUNTY OF NEW YORK I Executive Vice President On this 16th day of November, A.D. 2000, before me came Lawrence P. Miniter, known to me personally who being by me duly sworn, did depose and say: that he resides in the County of Bergen, State of New Jersey; that he is the Executive Vice President of the Gulf Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. OPJ\D JAF,�� bo"i 2DT�i David Ja� y Notary Public, Slate of New York STATE OF NEW YORK SS v o G No. 02JA4958634 COUNTY OF NEW YORK �UB\x Qualified in Kings County F NE`N Commission Expires December 30, 2001 I, the undersigned, Senior Vice President of the Gulf Insurance Company, a Missouri Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. Signed and Sealed at the City of New York. asp PaNOE c j`�pPOgq lv�`0;> SEAL Dated the f1 TH dayof--> FEBRUARY 20 01 George Biancardi Senior Vice President CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On _fid personally I ss. CH2iS L MC PHERSON ��- Commssion¥1231T76 .0 Notory Public - California . yY - Oronge County My Comm. Epires,4g 9.2T-3 Place Notary Seal Above > personally known to me LJ proved to me on the basis of satisfactory evidence to be the person(/ whose nami is/a/e subscribed to the within instrument and acknowledged to me that he/s)fe/thfafr executed the same in his/Ing(i authorized capacity(io, and that by hlsihipfltheir signaturi on the instrument the personv, or the entity upon behalf of which the person acted, executed the instrument. ESS my hand and official sea . Pte. !�— Signa ure of Not ,, Priblic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying 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: Document Date: NiysrGer of Pages Signers) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here Ll Corporate Officer—Title(s): IJ Partner —[-I Limited ❑ G ral ❑ Attorney in Fact Trustee ❑ Guardian or servator ❑ Other: Si r Is Representing: © 1997 National Notary Association • 9350 De $oto Ave., P O. Box 2402 • Chatsworth, CA 91313-2402 Prod No, 5907 Reorder: Call TollFree1-800-8]6-682] BOND NO: BE2634277 PREMIUM: $458.00/TWO YEARS SUBDfVLSION FAffHFUL PEItFORMANCE BOND (GOVERNMENT CODE . 66499.0 (SEWER) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and STONEFIELD DEVELOPMENT (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements, which said ,Agreement dated aEL((ZrU 1�;L ',14200� and made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, we, the Principal and GULF INSURANCE COMPANY as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of *THIRTY EIGHT THOUSAND ONE HUNDRED TWENTY SIX AND 00/100THS* ($38,126.00) Dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 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. TA /570/ 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder. Executed this 12TH day of FEBRUARY l!IlC2001 , at SAN DIEGO , California. PRINCIPA STONEFI D E ROBERT C. PACK, PRESIDENT (NOTARIZATION AND SEAL) APPROVED AS TO FORM: SURETY t 1A DAVID C. BANFER, ATTORNEY-IN-FACT CITY ATTORNEY (NOTARIZATION AND SEAL) Page 2 - Subdivision Performance Bond STATE OF CALIFORNIA I )ss COUNTY OF SAN DIEGO) ON 02/12/2001 , before me,1V Givens, personally appeared David C. Banfer, 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 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. WITNESS my hand and official seal. r' +E"I� c %R omp .n4 1 5c Cc - ia Signature (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) GULF INSURANCE COMPANY HAZELWOOD, MISSOURI POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. KNOW ALL MEN BY THESE PRESENTS: That the Gulf Insurance Company, a corporation duly organized under the laws of the State of Missouri, having its principal office in the city of Irving, Texas, pursuant to the following resolution, adopted by the Finance & Executive Committee of the Board of Directors of the said Company on the 10th day of August, 1993, to wit: "RESOLVED, that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney -in -Fact, such persons, firms, or corporations as may be selected from time to time, and any such Attorney -m -Fact may be removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED, that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in-fact to sign, execute, acknowledge, deliver or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED, that the signature of the President, Executive Vice President or any Senior Vice President, and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached." Gulf Insurance Company does hereby make, constitute and appoint David C. Banfer Of San Diego, in the State of California its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds, undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorney(s)-in-fact, pursuant to the authority herein given, are hereby ratified and confirmed. The obligation of the Company shall not exceed three million (3,000,000) dollars. IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. _ 4�SOPFOR jCOy GULCJ NCE COMPANY a 4 F y '•L(aJ P n^_ L ° SEAL STATE OF NEW YORK SS Lawrence P. Executive Vie Prester ident COUNTY OF NEW YORK On this 16th day of November, A.D. 2000, before me came Lawrence P. Miniter, known to me personally who being by me duly sworn, did depose and say: that he resides in the County of Bergen, State of New Jersey; that he is the Executive Vice President of the Gulf Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. VD JAF,r ui, OP DT 9 ? �� David Ja y Notary Public, State of New York STATE OF NEW YORK SS r A o ¢ No. 02JA4958634 COUNTY OF NEW YORK pUBVxq Qualified in Kings County R NEJ't Commission Expires December 30, 2001 I, the undersigned, Senior Vice President of the Gulf Insurance Company, a Missouri Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. Signed and Sealed at the City of New York. `jSoaANCE e \ j4�PPOggTi� o.�i ° SEAL �iSSpuP` � Dated the 5TH clay�, FEBRUARY 2001 George Biancardi Senior Vice President CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of D range- j ss. I On �26. 16 aOOI , before me, 0-h r I5 Date Na/me�and Titll ff OORlcer (e.g-,'Jane Doe, Notary Public') personally appeared 7AObPr+ C. t'(A1�7\ , Narrate) of Signor(5) personally known to me ❑ proved to me on the basis of satisfactory evidence 4a CHRIS L MC PHERSON Commission # 1231776 ' Notary Public - California Orange County My Comm. EXP Ims Aug 9.2�p9 Fix 11 1 Place Notary Seal Above to be the person( whose name( is/a/e subscribed to the within instrument and acknowledged to me that he/si/e/tMy executed the same in his/hpr/thfi4r authorized capacity(iq�), and that by his/her/theif signature( on the instrument the personv, or the entity upon behalf of which the person( acted, executed the instrument. W N S my hand nd offici sea . Synature o1 Nota Pu is OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying 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: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner —'❑ Limited ❑ G eral ❑ Attorney in Fact ❑ Trustee C Guardian or I LlOther: Signer Is Representing: Number 1997 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder. Call Toll -Free 1-800-876-6827 ISSUED IN TRIPLICATES Bond No. BE2634277 PREMIUM.INCLUDED IN PERFORMANCE BOND SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE, SECTION 66499.2) (SEWER) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and STONEFIELD DEVELOPMENT (hereinafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements which said Agreement, dated rmruoru 1ri— ' and identified as Project TRACT 15701. SAN JUAN ( referred to and made a part hereof; and is hereby WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement; NOW, THEREFORE, we, the Principal and GULF INSURANCE COMPANY as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum Of **THIRTY EIGHT THOUSAND ONE HUNDRED TWENTY SIX AND 00/10OTHS** Dollars ($38,126.00*** ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition.of this obligation is such that, if the above bound Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, :here shall be included costs and reasonable expenses and fees 1 o 2 The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereu^der or the specificationsaccompanying the same shall in any wise affect its obligations on t.`.is bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the 12TH day of FEBRUARY , X2.2QDJ, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. A P OVED AS TFOFR/�� (NOTARIZATION AND SEAL) V IM I RZCaARD K. DENYLkLTER, CITY ATTORNF£? NOTE: Please Attach Acknowledgement and Power of Attorney 2 of 2 SURETY DAVID C. BANFER, ATTORNEY—IN—FACT (NOTARIZATION AND SEAL) STATE OF CALIFORNIA) )ss COUNTY OF SAN DIEGO) ON 02/12/2001 , before me, N. Ortiz, personally appeared David C. Banfer, 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 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. WITNESS my hand and official seal. w. cauz COMMtluien x 11023M z NDMV PUb+ic -CditR40 !en owgt CwMY ` „/� Myrc,�r- �ncr4�N+Od,1002 Signature �� 1 ****************************************************************************** (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) GULF INSURANCE COMPANY HAZELWOOD, MISSOURI POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. KNOW ALL MEN BY THESE PRESENTS: That the Gulf Insurance Company, a corporation duly organized under the laws of the State of Missouri, having its principal office in the city of Irving, Texas, pursuant to the following resolution, adopted by the Finance & Executive Committee of the Board of Directors of the said Company on the 10th day of August, 1993, to wit: "RESOLVED. that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney -in -Fact, such persons, firms, or corporations as may be selected from time to time; and any such Attorney -in -Fact may be removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED, that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in-fact to sign, execute, acknowledge, deliver or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED, that the signature of the President, Executive Vice President or any Senior Vice President, and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached." Gulf Insurance Company does hereby make, constitute and appoint David C. Banfer Of San Diego, in the State of California its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds, undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorney(s)-in-fact, pursuant to the authority herein given, are hereby ratified and confirmed. The obligation of the Company shall not exceed three million (3,000,000) dollars. IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. GULNCE COMPANY STATE OF NEW YORK SS yigSOpP Lawrence P. Miniter COUNTY OF NEW YORK J Executive Vice President On this 16th day of November, A.D. 2000, before me came Lawrence P. Miniter, known to me personally who being by me duly sworn, did depose and say: that he rbsides in the County of Bergen, State of New Jersey; that he is the Executive Vice President of the Gulf Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. OPJ\D 3AF,�9 lJ 2GT�� David Ja� STATE OF NEW YORK °1i Y Notary Public, State of New York 34 COUNTY OF NEW YORK SS y��UBV'^xGs� �p� Qualified 0it KingsCounty P Ntv- Commission Expires December 30, 2001 I, the undersigned, Senior Vice President of the Gulf Insurance Company, a Missouri Corporation, 00 HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. Signed and Sealed at the City of New York. �s�PaNCF c 4 °OPPOggr� °3y SEAL Dated the 042TH day of—) FEBRUARY 2001 Geor a Biancardi Senior &e President CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On before me, Date Magi personally appeared CHRL L MCPnLRSON Commission # 1231776 I Notary Public - California 7, Orange County ir My Comm. Expires Aug 9, 2X`.,3 I ss. Doe, personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person( whose name(f is/afe subscribed to the within instrument and acknowledged to me that he/shO/they executed the same in his/*/thkir authorized capacity(iy6), and that by his/hor/thdiir signatureo 6 on the instrument the person(), or the entity upon behalf of which the person( acted, executed the instrument. WI ESS my ha d and offs iaf sea Place Notary Seal Above (/ s Signature of Nol ry Pu be OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner — El Limited ❑ Gbf by Signer ❑ Attorney in Fact ❑ Trustee ❑ Guardian or r C Other: Signer Is Representing: of Pages: RIGHT THUMBPRINT OF SIGNER ©1997 National Notary Association • 9350 De Sato Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod No. 5907 Reudwe Call Toll -Free 1-9W-676-6927 ISSUED IN TRIPLICATES BOND NO: BE2634277 PREMIUM: $458.00/TWO YEARS SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE . 66499.1) (SEWER) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and STONEFIELD DEVELOPMENT (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements, which said .Agreement dated and made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, we, the Principal and GULF INSURANCE COMPANY as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of *THIRTY EIGHT THOUSAND ONE HUNDRED TWENTY SIX AND 00/100THS* ($38,126.00) Dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RE50LYED: 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. 2. Said Surety, for value received, hereby stipulates and agrees chat no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder. Executed this 12TH day of FEBRUARY IIK{2001 , at SAN DIEGO California. PRINCIPAL STONEFIE DEVELOPM NT ROBERT C. PACK, PRESIDENT APPROVED AS TO FORM: /-) �60A CITY ATTORNEY Page 2 - Subdivision Performance Bond (NOTARIZATION AND SEAL) SURETY DAVID C. BANFER, ATTORNEY—IN—FACT (NOTARIZATION AND SEAL) STATE OF CALIFORNIA) )ss COUNTY OF SAN DIEGO) ON 02/12/2001 , before me, N. Ortiz, personally appeared David C. Banfer, 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 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. WITNESS my hand and official seal. W vmz - Cpnmission # t isrioa i 0-P rioray Pudic - corrt«ria g D7ego County Signature ****************************************************************************** (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) GULF INSURANCE COMPANY HAZELWOOD, MISSOURI POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. KNOW ALL MEN BY THESE PRESENTS: That the Gulf Insurance Company, a corporation duly organized under the laws of the State of Missouri, having its principal office in the city of Irving, Texas, pursuant to the following resolution, adopted by the Finance & Executive Committee of the Board of Directors of the said Company on the 10th day of August, 1993, to wit: "RESOLVED, that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney -in -Fact, such persons. firms, or corporations as may be selected from time to time, and any such Attorney -in -Fact may be removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED, that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in-fact to sign, execute, acknowledge, deliver or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED, that the signature of the President, Executive Vice President or any Senior Vice President, and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached." Gulf Insurance Company does hereby make, constitute and appoint David C. Banfer Of San Diego, in the State of California its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred In its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds, undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorrey(s)-in-fact, pursuant to the authority herein given, are hereby ratified and confirmed. The obligation of the Company shall not exceed three million (3,000,000) dollars. IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. _ yuaaNCE Q\� OP'POggt CO,�q GULCJ FxiIySUR`ANCE COMPANY STATE OF NEWYORK SSLawrence a SSOup Executive Vie Prestdent Miniter COUNTY OF NEW YORK On this 16th day of November, A.D. 2000, before me came Lawrence P. Miniter, known to me personally who being by me duly sworn, did depose and say: that he resides in the County of Bergen, State of New Jersey; that he is the Executive Vice President of the Gulf Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. OO'N STATE OF NEWYORK SSCOUNTY OF NEWYORK b ,tel David Ja� Notary Public, State of New York No. 02JA4958634 Qualified in Kings County Commission Expires December 30. 2001 1, the undersigned, Senior Vice President of the Gulf Insurance Company, a Missouri Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. Signed and Sealed at the City of New York. SOSANC, c ¢�a oP°Oe4r oQ Dated the 12 r{QHj day�ef-� FTa,BRUARY 20 01 ° SEAL Soo P George Biancardi Senior Vice President CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California r 1 County of � J � L J ss. /� Onr&, � aqw , before me, 0-I I rit5 J L' c—pl�slon Data /� Nai Title of Officer Ce g.,'Vane Due Notary Public') personally appeared CHRIS L MC PHERSON m Comission # 1231776 Notary Pubrc - California Orange County y My Comm. Bores Aug 9,2DM Place Notary Seal Above personally known to me ❑ proved to me on the basis of satisfactory evidence to be the personvi whose name(/ is/a/e subscribed to the within instrument and acknowledged to me that he/sve/tflAy executed the same in his/hp'F/th�ft authorized capacity(ifir4), and that by his/ho/thpi r signature(Xon the instrument the person(X1 or the entity upon behalf of which the person acted, executed the instrument. ESS my hhaan and officials I. Signature of N ry Pub is OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the and could prevent fraudulent removal and reattachment of this form to another doy. menC Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Ll Partner —❑ Limitee General ❑ Attorney in Fa ❑ Trustee LJ Gua r6n or Conservator Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER 1997 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313-2402 Poad. No. 5907 Reortler Call Toll -Free 1-800-876-6827 0 ISSUED IN TRIPLICATES Bond No. BE2634277 PREMIUM.INCLUDED IN PERFORMANCE BOND SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE, SECTION 66499.2) (SEWER) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and STONEFIELD DEVELOPMENT (hereinafter designated as "Principal'), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements which said Agreement, dated r,Qhrf (, 0_ry /,�_ ��'�(�jj� and identified as Project TRACT 15701, SAN JUAN CAPISTRANO is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement; NOW, THEREFORE, we, the Principal and GULF INSURANCE COMPANY 'as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of**THIRTY EIGHT THOUSAND ONE HUNDRED TWENTY SIX AND 00/100THS** Dollars ($3126.00*** ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that, if the above bound Principal, his or its heirs, executors, administrators, successors or assigns, shall in ail things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall he and remain in full force and effete. As part of the ooligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees lof 2 The Surety herety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereundr. or the specifications' accomoan,ying the same shall in any wise affect its obligations on this bond, and it does heresy waive notice of any such change, extension of time, aiteratian or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein ^lamed on the 12TH day of FEBRUARY the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. z__� A P VED AS TO 8j I.RIC:iARD K. DENIL%LTER, CITY ATTORNE? NOTE: Please Attach Acknowledgement and Power of Attorney 2 of 2 PRIN IPAL STONDFIELD D ROBERT C. PASCK, PRESIDENT (NOTARIZATION AND SEAL) SURETY DAVID C.C. B�ITORNEY —IN—FACT (NOTARIZATION AND SEAL) STATE OF CALIFORNIA) }ss COUNTY OF SAN DIEGO} ON 02/12/2001 , before me, N. Ortiz, personally appeared David C. Banfer, 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 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. WITNESS my hand and official seal. K ORM commbion # i i 9M Notary rubric - Cd t Mk3 San Diego County Signature ############################################################################## (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) GULF INSURANCE COMPANY HAZELWOOD, MISSOURI POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. KNOW ALL MEN BY THESE PRESENTS: That the Gulf Insurance Company, a corporation duly organized under the laws of the State of Missouri, having its principal office in the city of Irving, Texas, pursuant to the following resolution, adopted by the Finance & Executive Committee of the Board of Directors of the said Company on the 10th day of August, 1993, to wit: 'RESOLVED, that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney -in -Fact, such persons, firms, or corporations as may be selected from time to time, and any such Attorney - in -Fact may be removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED, that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in-fact to sign, execute, acknowledge, deliver or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED, that the signature of the President, Executive Vice President or any Senior Vice President, and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached." Gulf Insurance Company does hereby make, constitute and appoint David C. Banfer Of San Diego, in the State of California its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds, undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorney(s)-in-fact, pursuant to the authority herein given, are hereby ratified and confirmed. The obligation of the Company shall not exceed three million (3,000,000) dollars. IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. _ SOPPNCE � � OP,POHyt00'rs GULCJ F/i1ySURANCE COMPANY STATE OF NEW YORK SS �'ssooa` Lawrence P. Miniter COUNTY OF NEW YORK 3 Executive Vice President On this 16th day of November, A.D. 2000, before me came Lawrence P. Miniter, known to me personally who being by me duly sworn, did depose and say: that he resides in the County of Bergen, State of New Jersey; that he is the Executive Vice President of the Gulf Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. �\D JqF� OP T 9 �O Aq� Y STATE OF NEW YORK � COUNTY OF NEW YORK SS y`�OF M^�A bW j David Ja� Notary Public, State of New York No. DZJA4958634 Qualified in Kings County Commission Expires December 30, 2001 I, the undersigned, Senior Vice President of the Gulf Insurance Company, a Missouri Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. Signed and Sealed at the City of New York. \�SURnN°6 c\ jOOpPOFgl� •r'i " SEAL M/SSOUP` � Dated the 1 H day�ef� F!� 2001 /f George Biancardi Senior Vice President CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } ss. County of 0�'QXIQQ- J t On Feb, �aW( , before me, Chris � .&Phefmn Datey. Name and Tire /of OKo r (e.g., "Jane Doe. Notary Public") personally appeared �1 1Q f I _ • `PACK, Cii;)i:; 1. MC FH -:60N Comirl # 1231776 Notary Public - California Orange county - My Comm, ExptresAug4,E1^3 Place Notary Seal Above personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person( whose name(o is/ave subscribed to the within instrument and acknowledged to me that he/sh&th�y executed the same in his/h)6r/thjKir authorized capacity(io), and that by his/hgf/their signature( on the instrument the person(,q), or the entity upon behalf of which the personV acted, executed the instrument. ESS my and andofficial se I. Signature of Nrotar7rublic IV OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed Signer's Name: ❑ Individual F. Corporate Officer—Ti ❑ Partner —❑ Limited I ❑ Attorney in Fact Ll Trustee ❑ Guardian or onserval ❑ Oth Signer Is Representing: by Signer of Pages: RIGHT THUMBPRINT OF SIGNER 1997 National Notary Association • 9350 De Soto Ave., P O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 ReorderCall Toll -Free 1-800-8]6-682] CONTRACT BOND — CALIFORNIA FAITHFUL PERFORMANCE — PUBLIC WORK Bond No. BE2634278 Initial premium charged for this bond is $ 100.00 subject to adjust- ment upon completion of contract at appii- cabie rate on final contract price. KNOW ALL MEN BY THESE PRESENTS, that STONEFIELD DEVELOPMENT of COTA DE CAZA, CA as Principal, and the GULF INSURANCE COMPANY a corporation organized and existing under the laws of MISSOURI and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto the City of San Juan Capistrano, in the sum of *FIVE THOUSAND AND 00/100THS* Dollars ($5,000.00*** ), for 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 1S SUCH, that WHEREAS, the above -bounded Principal has entered into a Contract dated 12T=' FEBRUARY , IR2001 with the City of San Juan Capistrano to do and perform the following work, to wit: Subdivision Monuments for NOW, THEREFORE, if the above -bounded Principal shall faithfully perform ail the provisions of said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 12TH day of FEBRUARY X8 2001 STONETIELD Principal APPROVED AS TO FORM: `By Robert C. Pack, President GULF INSURANCE COMPANY _ ' By DAVID ANF , ATTORNEY—IN—FACT_ City Attorney `TOTE: Acknowledgements of execution of Principal and Surety must 5e attached. FX ",f 701 t STATE OF CALIFORNIA I I ss COUNTY OF SAN DIEGO) ON 02/12/2001 , before me, M. Givens, personally appeared David C. Banfer, 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 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. WITNESS my hand and official seal. M.. C .r .�' e Comm;ssnr 1`Y'.;3 S h g % ! C"✓�� Si nature ti � (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) L GULF INSURANCE COMPANY HAZELWOOD, MISSOURI POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. KNOW ALL MEN BY THESE PRESENTS. That the Gulf Insurance Company, a corporation duly organized under the laws of the State of Missouri, having its principal office in the city of Irving, Texas, pursuant to the following resolution, adopted by the Finance & Executive Committee of the Board of Directors of the said Company on the 10th day of August, 1993, to wit: "RESOLVED. that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney -in -Fact, such persons, firms, or corporations as may be selected from time to time, and any such Attorney -in - Fact may be removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED, that nothing in this Power of Attorney shall be construed as a grant of authority to the attorneys) -in -fact to sign, execute, acknowledge, deliver or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED, that the signature of the President, Executive Vice President or any Senior Vice President, and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached." Gulf Insurance Company does hereby make, constitute and appoint David C. Banfer Of San Diego, in the State of California its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds, undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorneys) -in -fact, pursuant to the authority herein given, are hereby ratified and confirmed. The obligation of the Company shall not exceed three million (3,000,000) dollars. IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to he hereto affixed. soanncE + °o GULF SURANCE COMPANY 11 4oPvoggr� yq n SEAL P .J STATE OF NEW YORK 1 SS/SSOJP Lawrence P. Minter COUNTY OF NEW YORK J Executive Vice President On this 16th day of November, A.D. 2000, before me came Lawrence P. Miniter, known to me personally who being by me duly sworn, did depose and say: that he resides in the County of Bergen, State of New Jersey; that he is the Executive Vice President of the Gulf Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. PJ\D JgFq O �pT���9 STATE OF NEW YORK SS v A G COUNTY OF NEWYORK 'AOFB��-P N ba \^i David Ja 4 -- Notary Notary Public. State of New York No. 02)A4958634 Qualified in Kings County Commission Expires December 30, 2001 1, the undersigned, Senior Vice President of the Gulf Insurance Campany, a Missouri Corporation, 00 HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. Signed and Sealed at the City of New York. \�S�anrapp c e opvoagr o�Q Dated the 1- T`` days FEBRUARY 2001 ' F (SEAL) /Sso P Georgge Biancardi Senior V ice President CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 0i^Q�1'1Q� ss. On reh 1 1,5;0-10© I, before me, Date ()k personally appeared CHRIS L MC PHERSON Commission # 1231776 ti Notary Public - California Orange County ir My Comm. Expires Aug 9,20M r Place Notary Seal Above Name arjd Title of Officer personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(,0 whose ni is/aY6 subscribed to the within instrument and acknowledged to me that he/styi executed the same in his/h/r/thAr authorized capacityi and that by his/hjilir/thir signature(Si on the instrument the personW,, or the entity upon behalf of which the person( acted. executed the instrument. (/t/y{'/�NE,)JSS my h and offi ' s7,� Cd (�—!� Slgnalure of Nolary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying 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: Document Date: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner —❑ Limited F'_ Ge[ ❑ Attorney in Fact ❑ Trustee ❑ Guardian or C ElOther: Is Representing: RIGHT THUMBPRINT OF SIGNER © 1997 National Notary Association • 9350 De Soto Ave., TO Boa 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 ISSUED IN TRIPLICATES CONTRACT BOND — CALIFORNIA FAITHFUL PERFORMANCE —PUBLIC WORK Bond No. BE2634278 Initial premium charged for this bond is $ 100.00 subject to adjust- ment upon compleuon of contract at appli- cable rate on final contract price. KNOW ALL MEN BY THESE PRESENTS, that STONEFIELD DEVELOPMENT of COTA DE CAZA, CA as Principal, and the GULF INSURANCE COMPANY a corporation organized and existing under the laws of MISSOURI and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto the City of San Juan Capistrano, in the sum of *FIVE THOUSAND AND 00(100THS* Dollars ($5,000.00*** ), for 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 15 SUCH, that WHEREAS, the above -bounded Principal has entered into a Contract dated 12T�—. FEBRUARY , 132001 with the City of San Juan Capistrano to do and perform the following work, to wit: Subdivision Manuments:for NOW, THEREFORE, if the above -bounded Principal shall faithfully perform ail the provisions of said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 12TH APPROVED AS TO FORM: City Attorney day of XR 2001 . STONEFI Principal By Robert Pac President GULF INSURANCE COMPANY By B 11 , ATTORNEY-IN-FACT MOTE: Acknowledgements of execution of Principal and Surety must Se attached. STATE OF CALIFORNIA) )SS COUNTY OF SAN DIEGO} ON 02/12/2001 , before me, N. Ortiz, personally appeared David C. Banfer, 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 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. WITNESS my hand and official seal. N. ORTIZ Nt*MVCornmission # 1197,101 C71"'--of ry Public - Cotlfomio San Diego County Signature W l ���******�rrr■r*r**r***��***s***err****s**ars****r*+r*�***�*:***rr�r■srt*rr**. (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) GULF INSURANCE COMPANY HAZELWOOD, MISSOURI POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. KNOW ALL MEN BY THESE PRESENTS: That the Gulf Insurance Company, a corporation duly organized under the laws of the State of Missouri, having its principal office in the city of Irving, Texas, pursuant to the following resolution, adopted by the Finance & Executive Committee of the Board of Directors of the said Company on the 10th day of August, 1993, to wit: "RESOLVED, that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney -in -Fact. such persons, firms, or corporations as may be selected from time to time, and any such Attorney -in -Fact may be removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED, that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in-fact to sign, execute, acknowledge. deliver or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED, that the signature of the President, Executive Vice President or any Senior Vice President, and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached." Gulf Insurance Company does hereby make, constitute and appoint David C. Banfer Of San Diego, in the State of California its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds, undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorrey(s)-in-fact, pursuant to the authority herein given, are hereby ratified and confirmed. The obligation of the Company shall not exceed three million (3,000,000) dollars. IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. �SURAHOE CO GULF SURANCE COMPANY jOOpPORyl� yv STATE OFNEWYORK SS �'sso�P Lawrence ExecutiveViP Prester ident COUNTY OF NEW YORK On this 16th day of November, A.D. 2000, before me came Lawrence P. Miniter, known to me personally who being by me duly sworn, did depose and say: that he resides in the County of Bergen, State of New Jersey; that he is the Executive Vice President o1 the Gulf Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. .IID JgFF OP T 9 �O Aq� STATE OF NEW YORK Y Q COUNTY OF NEW YORK SS y�pF NL�-P bW,j David Ja� Notary Public, State of New York No. 02JA4958634 Qualified in Kings County Commission Expires December 30, 2001 I, the undersigned, Senior Vice President of the Gulf Insurance Company, a Missouri Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. Signed and Sealed at the City of New York. �Sp PRNOE C jOOPPORq�i^ Oyi Rs�SS OJP\ I Dated the TH day ofd FEBRUARY 2001 George Biancardi Senior Vice President CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of nr(2.t'1 On �W I , before me, Data _ Name and Title , personally appeared CHRIS L MC PHERSON Commission 1fk 1231776 Notary Pubi - California Orange County my Comm. Place Notary Seal Above [personally known to me proved to me on the basis of satisfactory evidence to be the person( whose name(o is/ale subscribed to the within instrument and acknowledged to me that he/sV/thgry executed the same in his/h$r/thXir authorized capacity(ler>7, and that by his/l Ar/th$fr signature(1s'J on the instrument the person(o, or the entity upon behalf of which the person(s'j acted, executed the instrument. Vi my hand and offieia eal. l//�� Signature d Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying 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: Document Date: ala er of Pages Signers) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: / ❑ Individual Top of thumb here ❑ CorporateOffcer — T' (s): ❑ Partner — ❑ Limit ❑ General ❑ Attorney in Fa ❑ Trustee ❑ Guardia or Conservator ❑ Other: Signer Is Representing: © 1997 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 ReorderCall Toll -Free 1-800-876-6827 SUBDIVISION FAITHFUL, PERFORMANCE BOND BONDII B32644330 (GOVERNMENT CODE . 66499.1) PREMIUM $5,029.00 WHEREAS, the City .Council of the City of San Juan Capistrano, State of California, and STONEFIELD' S COBBLESTONE COLLECTION, LLC (hereafter designated as "Principal"), have entered into a 5ubdivision Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated FEBRUARY 13 2002 and made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement, NOW, THEREFORE, we, the Principal and GULF INSURANCE GROUP as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the' sum of FOUR HUNDRED NINETEEN THOUSAND EIGHTY-THREE AND NO/100--------Dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, sUCeessors, executors and Administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED. L. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, 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, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder. Executed this 13TH day of FEBRUARY 2002, at SANTA ANA , California. APPROVED AS TO FORM: CITY ATTORNEY Page 2 - Subdivision Performance Bond STONEFIELD' STONE ELECTION, LLC PRINCIPAL BY: Stonefi& d men paging Member By: - Robert C. P9ck, President (NOTARIZATION AND SEAL) SURETY MARILYN SAND TTORNEY-IN-FACT (NOTARIZATION AND SEAL) ALL-PURPOSE ACKNOWLEDGMENT State of & k County of ifVG On `TVq ( j(���y before me, Wf�/1 IdL�tL1LUJ,l 1�/1 f��I�/ — A r r Nam Title of Ricer (e.g.,'Jaol Doe, Notary Pudic personally appeared 11Y1r V Nama(s) of Signers) ❑ personally known to me - OR �t i proved to me on b is of satisfactory evidence to be the person�lC{ l whose name(1� a ubscribed to the within instrument and ackAl- edged to me (hC they executed the same i it autho- rized capacity a d that by ' er signaturerte the instru- ment, the person or or the entity upon behalf of whicherson(jq acted, executed the instrument. 4 Y WITNES and and official seal. re of Notary Pualic OPTIONAL- Though PTIONAL Though the data below is not required by law, it may prove valuable to persons relying 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:�1/G1�r��o�/%�il�, (�I1711C R"At& F/Y d,-, Document Date:_ I �I�Q/ ,'LUl!/ Number of Pages: %, - Signer(s) Other Than Named Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual 6 Corporate Officer Title(s): Partner - ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator t■tili11 M Signer Is Representing: Signer's Name: I Individual Corporate Officer Title(s): Partner - ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: S0294CA (R01 08/98) 1994 NATIONAL NOTARY ASSOCIATION -82M Remmet Ave., P.O. Boz 7184 - Canoga Park, CA 91309-7184 GULF INSURANCE COMPANY ST. LOUIS, MISSOURI POWER OF ATTORNEY KNOWN ALL MEN BY nWE PRESEMM, That w Cur I[...,.[« COAAP s a aatponelo t duty areanisf trdar me lac. of ds Stas. Of Mi...st. he•'tne as parlopw am« M dw city all IM[.r, Tsua. P•a•wass An she rotwtkhe [mml..ero.s teopted by w Fiance As Fawaadm. Communees of the Bawd Or Den.um d ensu said Cartpary on dw 10th day o(Aue.ot. 1993. As -it: 'RESOLVFA Out thea P. Aseem Ehon.e Veer P.atdws ar Any Sanmr Vice Prmiaos, of d. Compaq thea ha.me dle auteriy m mmka...wntw and deliw a Pw of Attorney co carol q As Auomey- Faei: auen pus«.. Mm. or eorpotware, As may be sarsaad k.m u.ne w dear: and a.V mads Aaorney-m-Faa: my ee .a.e..d a.d ur autharoy �emsmn . Nm s..akad by the F[wWrt y « at FArc..u.. Vtea Pn.w.«. or any Santot Vin, Pnatdu.t or by dr Baal of tired«• « by she Ftawce and E..eartka Conanine d me Bow of Do.a«a RESOLVER trot rownts in due Pa.r orAmorny shwa be ao[avutd as a erns d o.Neruy to dAs aoartry(,1-in-bt; to Menti amcute. +duloAl tlp. daltar « oth.rwtr tavr . Pettey «parent or Inturaeca m bahuf of Cur L,r.rarce Cur Ittwtsm« Company dos hae.by auk.l co m ano and appoint • 1 [I T" of Santa Ana, in the State of California to true sed orrul anarneyyn-in-fx[, wr[h full power and a,.m«tty Itereby conferred in i0 roma, phce and State, to sten, aa«uae, xu ..kedge aM deh.ar An ns hetuu, ah surety, any sed MI tends AM undersak raw of wrelyddp, ane to bund Cur [~.a ComtAny thereby As fully and to nee one e.[a.0 s if a..y 4..u Malone a ,uch bode a/« u.Asa n«a Mti the akirlp ..enby duly r.[Mrimd ord .cer sr,o Cdr Imuran•. Company ane .J the ;,o, d ,t[or.}yW F„ p• rottrt so the a.at arity han.n [harm. ar h.Mly manned sed confrnrd. Tne oWtewondu. Compry ehau tea .hetet five million 4' ---- — --- --($5,000,000.00--)°oii IN WITNESS WHEREOF. the Culf Insurance Company has cured these presents to be signed by any officer of the Company and its Corporate Scal to he hereto alGxd - asdMwcro GULF INSURANCE COMPANY MPANY ro k^a a J R � � a SEAL - -STATE OF NEW YORK SS �>aaodP Lawicnc COUNTY OF NEW YORK c P. MinitcrExecutive Vice President On this 25th day of TUly m00 A -a. before me came Lawrence P. Minks, knoam leo me personally who bcin4 by me duly sworn, did depose and say: that he resides in the County at Bergen. Stale of New Jersey. that be is the Ey tiw; Vice President of the Guif Insurance Company, the corporation described in and which eMevatd the ati me Instrument: that he knows the scat of said corporation: this tin seal alTixed to the sand unirumentf is such corporate scat: that it was an abased by order of the Board of Directors of said corporation and that he signed Mi.. name. thereto by like order. ^ cv 20t1 pt �Y Da J a y` ¢ Notary Public. Slate of Ncu, York STATE OF NEW YORK COUNTY OF NEW YORK SS FOF N€ii P No. in Ki g% C 41 Qualified in Kings County Commission Expires Decansber 70. 2001 f. tilt undersigned, Senior Vice President of the Culf Insurance Company. a Missourt Corporation. DO HEREBY CERTIFY that the foregatng aa.l attached POWER OF ATTORNEY remain in rud (once. Signed and Sealey it the City of Naw York. yuaawear t c a SEAL �aSO4P Dated the 13TH day of FEBRUARY . zo02 Ceorgc Biancardi Senior Vice President CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On before me, Chris L. McPherson, Notary Public, personally appeared T-)Uu(J-T L! , T_r C� personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. ESS my hand and of'f1c' eal. a - - — CHRIS L. MC PHERSON Commission 81231776 Notary Public - California £ Orange County My Comm. 6ryUas Aug g, 2003 Notary Seal Bond No. &32644330 PREMIUM INCLUDED WITH PERFORMANCE BOND SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE, SECTION 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and ST NE IELD'S_COBBLESTONE C LLECTLON_ TIC___ (hereinafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements which said Agreement, dated FEBRUARY 13 , 2002_., and identified as Project TRACT #15701 is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement,, NOW, THEREFORE, we, the Principal and GULF INSURANCE GROUP , as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of FOUR HUNDRED NINETEEN THOUSAND EIGHTY-THREE AND NOIIOO ---------------- Dollars ($419,083.00------) lawful money of the United States, for the payment of which sum weil and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that, if the above bound Principal, his or its heirs, executors, administrators, successors or assigns, shall In all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true' intent and meaning, and shall indemnify and save harmless the City, is officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall Se and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees L/y loft The Surety hereby stipulates and agrees that -io change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specificationsaccompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the speci f i cations. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the 13TH day of FEBRUARY 2002 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. A P VED AS TO F RIZHARD &..DENHALTER, CITY ATTORFE NOTE: Please Attach Acknowledgement and Power of Attorney STONEFIE D'S COBBLE ONE C LECTTON,LLC PRINCIP L By: Stonefi ld Deve n Ma'aging Member Robert C. Pack, President (NOTARIZATION AND SEAL) SURETY 2 of 2 MARILYN SAN / ATTORNEY-IN-FACT (NOTARIZATION AND SEAL) ALL-PURPOSE ACKNOWLEDGMENT State of NlAgw � Countyof�,,,��y ► f/K,/t�, I� //tt,��t �, ' I �n �n �llr� \ ► ►T�tl On teW4V14 �CA,' tQt-before me, l.IJ1I/1 `sLlp d�1 1\�6 to Name en i1. of OR r .g.,'Jane One, l oiery Public' personally appeared ��I LV)/ n Nome(.) of Signer(.) ❑ personally known to me - OR - roved to me oPXhu&Ahey basis of satisfactory evidence to be the person, whose name( bscribed to the within instrument and ackno l- edged to me t executed the same in tMggqtheir autho- rized capacity*), and that by h}se %e— it signatures) on the instru- ment, the person(, or the entity upon behalf of which the person() acted, executed t e instrument. UJIMOE IT ESS nd and official seal. ConnMMl�eE1Es1{1E l a NSM e aof Notary Public OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying 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: DocumentDate:F& IMAA 4&1,1 NumberofPages: Signer(s) Other Than Named Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator 0 Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator 0 Other: Signer Is Representing: S0294CARIM 06198) 1994 NATIONAL NOTARY ASSOCIATION -8236 Rommel Ave_P.O. Box7184-Canoga Park, CA91309-7184 BOND NUMBER:B32644320 PREMIUM $2,082.00 SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE . 66499.0 UTILITY CONVERSION WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and STONEFIELD'S COBBLESTONE COLLECTION, LLC (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated JANUARY 24 f9 2002 , and made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, we, the Principal and GULF INSURANCE GROUP . as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of ONE HUNDRED SEVENTY-THREE THOUSAND FIVE HUNDRED AND NO/100------------- Dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 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. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder. Executed this L9 2002 , at SANTA ANA APPROVED AS TO FORM: CITY ATTORNEY 24TH Page 2 - Subdivision Performance Bond day of JANUARY , California. GULF INSURANCE GROUP PRINCi AL _ (NOTA`R'IZATION AND SEAL) GULF INSURANCE GROUP SURETY MARILYN SANDI , ATTORNEY-IN-FACT (NOTARIZATION AND SEAL) UINAOELQAtIp Cmaisabn t 13316M Notwy Pubk - CaMFornis 11Orange County My Comm. Expires Nov 23, 2006 STONEF LD -S COBBL TONE COLLECTION, LLC PRINCI AL, F/i`I'�LD DEVELOPMENT, �/ //MANAGING MEMBER C. PACK, PRESIDENT GULF INSURANCE COMPANY ST. LOUIS, MISSOURI POWER OF ATTORNEY KNOWN ALL MEN BY THESE PRESENTS:' That d.e G.df I.... C P" a e.rp«.lart duh aS.Laed ander the W. or t So. a Mfino lt. h—v as prhstpn velee w he my a Tv rw Tw pw.... m er t.rm.lrta .aobdw., adep.d by or FY.n« A, Et.odee commiaae a w Bard d M. == the old C.n.mmy on the 10ch dy arAuame, 1993. w e 'RESOLVEQ ort thr P..adw E� Viet New., w a,y Senior Vice P.m.. a the C«rma w ora l.ae the . Ity m ....&a, em o e ate d.-- . P.wer of Attorney oor.nnm as Ao«rry-w-Face.. , Onra or eorpontt.tu . my ee relaaad from ems m icon; ,rad .y Ph Aa«rtey'ks-ran my a tent. and the +•.mom, ar.red him ..a.aed by the Pnmw.tc ar ety E,.o.n.r Vrr P. Wed or any S. Vb Rmld«n. « by t Bead of Dunne.. « by the Ft.atse ad Ee..w.e Cee rreane. a dr Beal of Dbe®n> RESOLVER that nmoen( N tha Par.« aAn.rtry chart w comment a a rend of wm«uy m *.e ea—eey()-N-facr m Al atruws .dwwi-wdv . , , « uts+.n..w Im.e a p.0 y or poYnm of Inaae tce on belra of G.t 16a...o C.a I,.r.o Coen., doe hereby ttrke, ccrentum and gpoka MARILYN SANDI of Santa Ana, in the State of California In .rue .N W (1 ..r.eyw-les-lora. vim f.Y power and a ,ho ray Mrew eoN«nd N�i naem phce ren rend. w ngn, oaxur, a[. —Iedlp a.W due..er .n in h Wf. as tutety. any and Of bard, and u.denakh. p .( ,r. rhil and m Wad fief 1~—*C...Vay OW by a I.W a to nM a enea.[ ..r any y«mL untlun�talt�untp vul detvmen. Rinne w wch Donor.. harertaktna, My dyad by the OdY ..14iaW ollicm a the Gua lmunrso C«g.y aM W the a:s a fad as«ryry(d•nn-(x.. p.r.r« m lone auth«:ty M.M sl.art. an he.eM nnfted aM e.nOrmad. ' Theotarpw aheCemp.Wmancot.e.edfive million --($5,000,000.00--) IN WITNESS WHEREOF the Culf Imanance Company has cauud these presents to be signed by any olrwer of the Company and its Corporate Seat to be hereto ali'taed. #sn(uuepo GULF INSURANCE COMPANY ° SEAL �. -STATE OF NEW YORK1 SS :ora Lawrence P. Miniter COUNTY OF NEWYORK 1 ExccutiveVicc Pmsidcnt On this 25th day of July 2000 A.D., odors me came I�e P. Walter. known so m*wlw bring by me duly sacra. did tkpte oand say; that he asth ides in e County of Bergen, Slate of New Jersey; that he is the Paecudw Vita President of the Culf Insurance Com the corporation described in and whicts eeecvmG a ted the above imtsttmNat he ktwws m seal of said corporation: that the wai airmed to the said tents is mcb corporate seal; that it was so alffrad by order of the Board of Directors *( sold corporation and that Iw signed This'., name, thereto by like order. ^ 0 Opfq, TAq H2 Lse Da a 1 y ¢ No Public. Sate of New York STATE OF NEWYORK y SS p P t No. OZIA495804 COUNTY OF NEWYORK J FN Qualified in Kings County Commission Expires Decent" 30. 200, 1. the undettiged Senior Vice President of the Cult buurance Company. a Missouri Corporation. DO HERUY CERTIFY that the fore60ing a.ul attached POWER OF ATTORNEY remains in full force. Signed and Seated it Ne Cit of New York. 24TH y JANUARY • zo02 6 y 3sne�r ** Dated the da of a �°err i °(SEAL)' ssc�t George Iiiancanli Srninr Vicc President CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 0. 0202 before me, Chris L. McPherson, Notary Public, personally appeared ` 'NSW UT (,_1 , ` -OCC— , personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. �i CHR;S L MC PHEZON� X Commis_on# 1231776 s NotaryPublic - CaPfornfa Orange County MY COMM. E; i:es/u;-19,2D03 Notary Seal BOND NO. 832644329 PREMIUM $663.00 IWOWALL MEN BY THESE PRESENTS: Thatwe, STONEFIELD' S COBBLESTONE COLLECTION. LLC 9$Principal, and GULF INSURANCE GROUP Corporation aeawd organ¢ed, and mdstmp and by virure of the laws of the Stale of MISSOURI du* licensed to transac3 a general surety business in the State of Calr7omia, as surely. are held and firmly bound to the CAPISTRANO VALLEY WATER DISTRICT, Stade of Celifomia, in the sun of S 55.230.00 DOLLARS, LwAul money of the United Shia of Amertes, to be paid to She said District forwhich payment well and truly to be made we bind ourselves, our heirs, executors and auoceasoM jointly and awarally. THE CONDITION OF THE FOREGOING OBLIGATION is such that whereas the above bondah Prdhcipal has agreed to do and perform the following, to -wit• Construct and install all of the waderfacilities pursuant to Agreerrertfor Consinrction of Water Facilities entered into on FEBRUARY 13 X002, by and bet&~ CApISTRANQ VALLEY WATER DISTRICT, and NOW, THEREFORE, the condition of this obligation is such that W the bounden Pvirreipd shall to ft satisfaction of the CAPISTRANO VALLEY WATER DISTRICT fadhfully and properly perform ati of ft work described in said Agreement and in accordance with ft plans aril --pac moons approved for amid work and shall pay all suns due for all damages suffered by said Disrkx by reason of tatty or dolec5ve work or the carelessness or negligence of said Principal and for the completion of any wok not salWaotonly or popery performed in accordance with the Agreamart beoeaen District and Principal, and guarantee all work for a Hx© TRACT NO. 15701 90NON0. B32644329 GATE FEBRUARY 13, 2002 IN WITNESS WHEREOF said Penpal and Surety have caused this bond to be 000Aed by their 7OBBLESTON STONEFIEL COLLECTION, LLC (gam) gyStonefielelb mnt Ma aging Member Robert C. Pack, President C _ SURETY: GULF IN URANCE GROUP (SEAL) BY: ti Aftorneil In Fa RI LYN SANDI The premium on this bond is Mailing Address of Surety. 5 663.00 101 WEST BROADWAY, SUITE 700 SAN DIEGO. CA 92101-0589 (Exewad in Troicade) ALL-PURPOSE ACKNOWLEDGMENT State of Gm4enLA County of On �"/fVir'fLyP/ before me, I�LY/Ill/A�,1yU�1►✓IIv171% 1 a 0 Date Name tl Title of Roe, (0,9., -J.rie'1308, Notary PuNic personally appeared Name(s) of Signer(s) ❑ personally known tome - OR -roved to me on the basis of satisfactory evidence to be the person) whose name re subscribed to the within instrumen nd ackn wl- edged to me that 14/they execu sh the same in+r h /their autho- rized capacity6eq), and that bya heirsignatur ) on the instru- ment, the person, or the entity upon behalf of which t e person( acted, execinstrument. k OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document - Description of Attached Document Title or Type ofDocument: �t�+'.</A Document Date: ki Uy m Number of Pages:_ n _ Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner - ❑ Limited General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: S0294CA (R01 06198) 1994 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 GULF INSURANCE COMPANY ST. LOUIS, MISSOURI POWEROF'A1'TORNEY KNOWN ALL MEN BY THESE PRESENTS. Teas dw C.sY !, r Cernprp\ a oorporatmn dry eeearaad wd.r W loam err dw Sar. d MW -14 tt-" is prbetpst antes In it. ow of trNry. Taus. punuata m tris sadoetbse maroon. adeptd by w Fuserca Q EkaastM comm arae a this Bow or Dtta d the wd Contipay on ow IOW dy err Auewt. ISW.sa.ktt: 'RESOLVED. War dies Ptwwaat. Eta.d.,, Vise Psatdaat or arty Sorer Vis Prwld.is Of u•a Compry seat ear w sudwnty W make, esratta rid detttw a Parr of Asvl.y eotaut mm as Auomw krFatL. rank parvo, Antos. or mrporrwra a nuy be selraad fiom tone in two: ad sy surds Atearrwy-urFKu nay be sesnP.ed ini, w rdisormy Wspnead num wrk.d by da PtWdar or siW E.Ua Vtoe Pswdam, or cry Sorer Vlrr Pniddw , or by it Boar car Diraaen e< by the Farce and Ei.owko Conuasae d the Bow or Dueaon. RESOLVER esit nnmlisg in ora P. fAim my shad t. mlr+.w as a prat err rid uy w uw aaorr.y(>)-in-tact m slot esxcuw. aWiwtadea loan, or ediawtw _iso a podgy or peluetes err 4suraca en ba1W! or Cult lniiraw Cur Irisui. C.Psny does nareby inaka m nsatute .it %VoYit MARILYN SANDI of Santa Ana, in the State of California is n . and awful anerrlayy/-in-(KI, with full pi W r•d aYnlarky rarity Celdtlrd Y Ito Nita. P1Ke slid staid. to 1191 ..M Kkm ieelga aI G4w.r alt .s netYl(. at tartly. ray and at bonds rd uldcrakinp of nwetysNp arta w bled Cud llwranre Campry Waety r rWiy and to me ulna aatalat ..f .ty bonds. ulwal iaw,ea docunicorn reusing in weft bWds and/W uno akiop were uVicil by ma duly we ueel offlw of ma CW(imur.ica Company rd .J the a.:t of and atwr�wry(tj-ln-(xl. psi M w the awhonny Mein given. r M by ntmd and eondrined. The 000,ssuon d me Cempaoy man rot aecaed five million— "=-- ---($5 , 000 , 000.00--- )doi— IN WITNESS WHEREOE the Culf insurance Company has caused these presents to be signed by any ofrwer of lise Company and its Corporate Seat to be hereto alFuoed . rSdaartero GULF INSURANCE •/COMPANY a SEAL -STATE OF NEW YORK SS aasorta Law7encc P. Miniter COUNTY OF NEW YORK Executive ;IP. President On Nis 25th day of July2000 A-11. before me camP. Mk e Ica wence dter, kiiomn to mo personally who Win by me duly sawn, did depose and say: that he resides in she Cesnaty d Bergen veew State of NJerry: out be is the Eaeutlye Vice President of the Cull Insurance Company, the corporation described in and which executed Else above instrument.' that he knows dw seat of said corporation: cut tiw mal affixed to the said instruments is such corporate seat: Rut it was so affixed by order of the Board of Directors of said corporation and that Ix signed hii ,- name, thereto by like order. ^ m Y Da J a STATE OF NEW YORK l yF \ A¢ Notary Public. StateA435 of New York COUN'T'Y OF NEW YORK f SS pF N�ia Ne.0n King% 34 Qualified in Kings County Commission Expires December 30. 2W I 1, (lie undersigned. Senior Vice President a tlse Cult Insurance Company. a Missouri Corporation. DO HEREBY CEIMFY tltm the foregoing an.f attached POWER OF ATTORNEY remains in full force. Signed and Sealed'at elle City of New York. yuliwreF c k �oaar o. is SEAL a V•asoJ� Dated the 13TH day of FEBRUARY . 21102 Gcorgc Biancardi Senior Vice President CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On a. 14 0�oQ before me, Chris L. McPherson, Notary Public, personally appeared _TV) )U t L , i _Ucj<� personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. W ESS my hand and, of seal. ll1i.JZ CHRIS L MC pHERSON Commission S 1231776 Notary Pubtle- Calflomia Orange County My comm. Expires Aug g, 2003 Notary Seal