00-1220_STONEFIELD DEVELOPMENT_Surety AgreementSURETY AGREEMENT
THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a
municipal corporation, hereinafter referred to as the "City" and Stonefield Development,
a California Corporation referred to as "Developer".
WITNESSETH
WHEREAS, City will issue Grading Permit No. 43075 to Developer to construct
certain designated improvements, more particularly described in Exhibit "A" attached and
incorporated herein by reference, which said improvements constitute a portion of that real
property at the location of the southwest corner of Del Obispo and Calle Aspero, commonly
referred to as Tract 15701.
WHEREAS, San Juan Capistrano Municipal Code Section 8-3.05 requires the
posting of financial security to secure the faithful performance and labor and materials for
the grading and installation of improvements connected with issuance of grading permits.
WHEREAS, San Juan Capistrano Municipal Code Section 8-3.06 authorizes the
Building Official to require additional bonding as securityto ensure against illicit non -storm
drain discharge and adverse aesthetic impacts arising from incomplete grading and/or
improvements from development projects which have not been completed.
WHEREAS, the Building Official finds that the proposed project site is highly
prominent and visible to the community, has unique topographic features or involves
substantial grading of slope areas.
NOW, THEREFORE, in consideration of the premises and promises hereinafter
contained, City and Developer agree as follows:
1. Developer's Improvements Obligations. Developer shall, at its sole cost and
expense, provide and furnish all labor, materials and equipment for the installation of
improvements set forth in Exhibit "A". The grading permit and plans, which further defines
the improvements in Exhibit "A", are on file in the office of the City's Building Official, and
all documents referenced in Exhibit "A" are incorporated herein by reference.
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2. Developer's Security. Developer shall provide a bond by a duly authorized
corporate surety subject to the approval of the City Attorney, to secure Developer's
improvement obligations required under this agreement.
The amount of the bond shall be $230,750 for that work described in Exhibit "A".
This security of $230,750 shall also serve as security for restoration of the site. A copy of
the surety instrument, as approved by the City Attorney, is attached as Exhibit "D".
3. Completion of Improvements. To ensure the protection of the public safety,
health and welfare, Developer shall construct the improvements described in Exhibit "A"
in accordance with the schedule as set forth in Exhibit "B", and the conditions as set forth
in Exhibit "C'.
4. Developer Default. In the event Developer does not complete the required
improvements, including erosion and silt control measures within the time required, using
Best Management Practices (BMP) in implementing a Water Quality Management Plan in
full compliance with Orange County National Pollutant Discharge Elimination System
(NPDES) Storm Water Implementation Agreement, or abandons the project site, or
suspends work for more than twenty working days other than previously prescribed, City
shall have the right to immediately declare a default and to make demand on the surety for
performance.
5. Restoration of Site. San Juan Capistrano Municipal Code Section 8-3.06
allows the City to require bonding as security to ensure against illicit non -storm drain water
discharge and adverse aesthetic impacts arising from uncompleted grading and/or
improvements. The purpose of this bonding shall be to restore the property to its original
condition if the Developer defaults. This restoration shall include but not be limited to the
following:
A. Dismantle and/or demolish improvements;
B. Grade property to its original contours as shown on the grading plan
referred to in Exhibit "A";
C. Remove all debris and construction materials from the site; and
D. Install erosion and silt control devices, including hydroseeding, to insure a
uniform vegetative cover, or equivalent stabilization measures which include the use
of such Best Management Practices as blankets, fiber matrices, catch basin filters,
9 0
or other erosion resistant soil coverings or treatments to satisfaction of the Director
of Engineering and Building.
6. Attorney's Fees. Developer agrees to pay City such sum as the court may
adjudge as reasonable for the legal services of an attorney representing the City in an
action brought to enforce or interpret the obligations of this agreement, and such sum shall
be made a part of any judgment in such action against Developer if such action is
determined in favor of said City.
7. Developer's Work in Safe Condition. Developer shall perform all work in a
safe workmanlike manner and shall take such precautions as may be necessary to warn
and protect the public from any dangerous condition caused by the construction of said
improvements.
8. Liability. Developer shall hold City, its officers, and employees harmless from
any and all claims, demands, causes of action, liability or loss of any sort because of, or
arising out of, the acts or omissions of Developer, his contractor, subcontractors, agents
or employees in the performance of this agreement.
In witness whereof, the parties have executed this agreement as of
/�'a?mAcr— 20 , 200 at San Juan Capistrano, California.
Developer
Stonefield Deve ment
i
By: Robert C. Pack
President
Approved asap Form:
By:
I
i
By: John Sh�w
City Attorney
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9
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EXHIBIT "A"
Stonefield Development Tract 15701
Item 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in
accordance with Grading Permit No. 43075 and the Developer's plans and
supporting documents as listed below:
(A) Grading Plan for Stonefield Development Tract 15701, dated November
14, 2000, prepared by DCI Engineering, Inc., (Engineer) David J. Mac
Arthur. RCE No. 12502.
(B) Geotechnical Report for Stonefield Development Tract 15701, dated
September 28, 2000, prepared by Southern California Geotechnical, Inc.,
(Engineer) John A. Seminara No. CEG 2125.
Item 2: Construction of all on-site improvements in accordance with Grading Permit
No. 43075 and Developer's grading plans referenced in Item 1 above, including,
but not limited to: driveways, parking areas, retaining walls, erosion and silt
control, terrace drains, down drains, sub -drains, area drainage systems, and
private storm drain systems not a part of Developer's Improvement Plans filed
with the City Engineer.
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EXHIBIT "B"
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Completion Date
April 15, 2001
June 1, 2001
Task
Rough Grade Certification
Landscape Irrigation
June 30, 2001 Landscape Planting
EXHIBIT "C"
CONDITIONS FOR COMPLETION OF IMPROVEMENTS
A. The grading for this project shall be in strict conformance with the grading plans and
related documents as described in Exhibit "A" and Grading Permit No. 43075.
B. Grading operations shall commence within fourteen (14) calendar days after
issuance of Grading Permit No. 43075.
Winter grading will be conducted in strict accordance with the dynamic erosion and
silt control plan submitted by the Developer, and approved by the City. This erosion
and silt control plan reflects erosion and silt mitigation measures for expected
grading conditions as the work progresses through the winter season and shall not
be amended except with the permission of the City.
In the event Developer does not wish to implement winter grading, or permission for
winter grading is rescinded, static erosion and silt control plans reflecting current
conditions of grading shall be submitted within ten (10) days of cessation of work.
These plans shall:
1. Identify all pollutant sources including sources of sedimentthat may affect
the quality of storm water discharges associated with the construction
activity.
2. Include the erosion and silt control planting and hydroseeding to insure a
uniform vegetative cover or equivalent stabilization measures which include
the use of such Best Management Practices as blankets, fiber matrices,
catch basin filters or other erosion resistant soil covering or treatments to the
satisfaction of the City Engineer.
C. A sequence plan of grading operations shall be approved by the City prior to the
issuance of any grading permit for this project. Any variation or deviation in the
sequence of operations must be recommended, in writing, by the supervising civil
and soils engineers and approved by the Building Official prior to performing any
work related to the variation or deviation.
D. The supervising civil engineerand soils engineershall file biweekly progress reports
of all grading operations with the Building Official. An interim compaction report, for
that work completed at the time work is suspended for the rainy season, shall be
filed with the Building Official. This interim report shall conform to the grading code
requirements for final compaction reports.
E. Contractor shall control dust to the satisfaction of the Building Official or his deputy.
During grading, Contractor shall keep water truck on site and dampen work area,
grounds, and loaded trucks.
F. Grading operations suspended during the rainy season shall be resumed no later
than 15 days from date of suspension termination.
G. Installation of interim erosion and silt control devices and systems shall commence
within seven (7) days after rough grade certification has been approved by the
Building Official and must be completed within fifteen (15) days of rough grade
certification. Final erosion and silt control devices, planting, landscaping and
irrigation systems shall be installed prior to final inspection of the grading permit.
H. All work shall be performed in strict observation of the Hours of Operation in
accordance with San Juan Capistrano Municipal Code Section 8-107.
All trees which have been identified for preservation shall be protected in place in
accordance with Condition # 22 of the Comprehensive Development Plan and City
Council Resolution No. 00-01-04-2.
J. Contractor shall adhere to conditions of haul route permit and encroachment permit
issued by the City Engineer.
K. Parking for construction crew is to be on-site.
0
MEMORANDUM
TO: Meg Monahan, City Clerk
FROM: Sam Shoucair, Senior Engineer
SUBJECT: Tract 13823, Stonefield Development
40
January 13,2004'-"" / ; 0
J"1
Sonefield San Juan, LLC. has completed the improvement work associated with the
subject tract and has posted the attached bonds totaling $80,000 as a warranty to insure
the work of improvement and material against any defect for a one year period. The
original bonds totaling $409,176 will soon be recommended for release by City Council.
These bonds will terminate after one year of City acceptance of the work of such
improvements:
SURETY COVERAGE
TYPE OF
ORIGINAL
AMOUNT OF
(Gulf Insurance Group)
IMPROVEMENT
AMOUNT
REDUCED
TO BE
BONDS
RELEASED BY
(AS WARRANTY FOR
COUNCIL
ONE YEAR)
ACTION
Bond #632644332
Street
$149,082.00
$30,000.00
Bond #632644319
Storm drain
$48,970.00
$10,000.00
Bond #B32644318
Sewer
$61,124.00
$10,000.00
Bond # B32644321
Water
$146,000.00
$30,000.00
Bond # B32644316
Monumentation
$4,000.00
$0.00
TOTAL
$409,176.00
$80,000.00
Thank you for your assistance in this matter. Please call me if you need additional
information.
i
MGulf
Insurance Group
L-1
GULF INSURANCE COMPANY
NAIC # 22217
Gulf Insurance Group
110 West "A" Street, Suite 1805
San Diego, CA 92101
Phone:800-708-0589
Fax: 619-446-2878
To be attached to and form a part of Bond No: B32644332 in the amount of
$149,082. 00 on behalf of Stonefield San Juan, LLC
as
Principal
and
executed by
Gulf
Insurance Company as
Surety in favor of City
of San Juan Capistrano
Effective Date of Bond 02/1512002
Effective Date of Change 12/01/2003
In Consideration of the mutual agreements herein contained, the Principal and the
Surety hereby consent to changing: Bond Amount
FROM: $149,082.00
TO: 30,000.00 5
Nothing herein contained shall vary, alter or extend any provision or condition of this
bond except as herein expressly stated.
Signed, Sealed & Dated this 7th day of December, 2003
Gulf Insurance Comuan
Surety
BvNd�I�Q�CtL�)r����
Florence E. Grin, Attorney
Visit our web site for the entire list of specialty insurance products we offer - www.gu/finsurance.com
0 0
STATE OF CALIFORNIA }
)ss
COUNTY OF SAN DIEGO }
On 01/07/04before me, Melanie Anderson, personally appeared Florence E. Griffin
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
IaffioE ANDERSON [
WITNESS m hand and official seal. CV M #1432919
Ir �}
y �NOTA VPUBLIC-CALIFORNIA Y+
y DIE0 CO.1NTl `1
y MM?alon xpims
AUGUST 27, 2007
Signatu e i
(THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK)
0
GULF INSURANCE COMPANY
HARTFORD, CONNECTICUT
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 Connecticut, 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
FLORENCE E. GRIFFIN
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 five million (5,000,000) 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.
N�gpMNCE CoyA GULF' INSURANCE COMPANY
v� 44PPOR
SEAL
STATE OF NEW YORK SS °OkNECts°$ Lawrence P. Miniter
COUNTY OF NEW YORK J
Executive Vice President
On this 1st day of October, AD 2001, 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.
i�BtR.p
�E F
fn y
STATE OF NEW YORK } SS y�aUBUYp P¢
COUNTY OF NEWYORK J
ANGIE MAHARIR-tiEGAZO
Notary Public, State of New York
No. 0IMA6019988
Qualified in Kings County
Commission Expires February 16, 2007
I, the undersigned, Senior Vice President of the Gulf Insurance Company, a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and attached
POWER OF ATTORNEY remains in full force.
Dated the 7TH day JANUARY
Signed and Sealed at the City of New York. \�SORANdp C°yQ
of 204
�y 44PPd�rF pZ
SEAL
°O'YNECts4s
George Biancarch
Senior Vice President
`
MGulf Gulf Insurance Group
110 West "A" Street, Suite 1805
San Diego, CA 92101
Phone:800-708-0589
Insurance Group Fax: 619-446-2878
GULF INSURANCE COMPANY
NAIC # 22217
To be attached to and form a part of Bond No: B32644319 in the amount of
$48.970.00 on behalf of Stonefteld San Juan, LLC
as
Principal
and
executed
Gulf Insurance Company as Surety in favor of City of San Juan Capistrano
Effective Date of Bond 01/24/2002
by
Effective Date of Change 12/0112003
-In Consideration of the mutual agreements herein contained, the Principal and the
Surety hereby consent to changing: Bond Amount
FROM: $ 48,970.00
TO: $10,000.00 5%� ' 41;o /eo'i
Nothing herein contained shall vary, alter or extend any provision or condition of this
bond except as herein expressly stated.
Signed, Sealed & Dated this 7th day of December, 2003
Gulf Insurance Company
Surety
By% � -/. 012eiYl0C_k-t- �
Florence E. Griffin, Attorney n- act
Visit our web site for the entire list of specialty insurance products we offer - www.gulrinsurance.com
0
GULF INSURANCE COMPANY
HARTFORD, CONNECTICUT
POWER OF ATTORNEY
ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK.
0
KNOW ALL MEN BY THESE PRESENTS: That the Gulf Insurance Company, a corporation duly organized under the laws of the State of Connecticut, 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
FLORENCE E. GRIFFIN
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-tact, pursuant to the authority herein given, are hereby ratified and confirmed.
The obligation of the Company shall not exceed five million (5,000,000) 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.
\�$pMNCF Co GULF INSURANCE COMPANY
4&
SEAL
STATE OF NEW YORK SS �OMVEcts°S Lawrence P. Miniter
COUNTY OF NEW YORK J Executive Vice President
On this 1st day of October, AD 2001, 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.
�Mp,HAalgeF
(A Y
STATE OF NEW YORK l y SS
COUNTY OF NEW YORK J
ANGIE MAIIABIR-BEGAZO
Notary Public, State of New York
No. 0191A60199H9
Qualified in Kings County
Commission Expires February 16, 2007
I, the undersigned, Senior Vice President of the Gulf Insurance Company, a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and attached
POWER OF ATTORNEY remains in full force.
�SoanNcf co2i. the 7TH day of JANUARY '20 04
Signed and Sealed at the City of New York. E 2io
V
a9TF. Y2 _
SEAL
"OMVEcls�°~
George Biancardi
Senior Vice President
STATE OF CALIFORNIA }
)ss
COUNTY OF SAN DIEGO }
On of /n7 /n4 before me Melanie Anderson, personally appeared Florence E. Griffin
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. ��.rr►r.r�
1 MEI�AME ANDERSON
WITNESS m hand and official seal. v NAME #1432919
Y uy NOTA yPUBUC•CALUIFCRNIA v�
v My CoMMISSIon Xpi�res
AUGUST 27, 2007
Signa
******************************************************************************
(THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK)
0
Gulf Insurance Group .
MGulft
110 West "A" Street, Suite 1805
San Diego, CA 92101
Phone:800-708-0589
Insurance Group
Fax: 619-446-2878
GULF INSURANCE COMPANY
NAIC # 22217
I:iirk117.7101 a
To be attached to and form a part of Bond No: B32644318 in the amount of
$61,124.00 on behalf of Stonefield San Juan, LLC
as
Principal
and
executed
Gulf Insurance Company as Surety in favor of City of San Juan Capistrano
fm
Effective Date of Bond 01/24/2002
Effective Date of Change 12101/2003
In Consideration of the mutual agreements herein contained, the Principal and the
Surety hereby consent to changing: Bond Amount
FROM: $ 61,124.00
TO: $10,000.00
Nothing herein contained shall vary, alter or extend any provision or condition of this
bond except as herein expressly stated.
Signed, Sealed & Dated this 7th day of December, 2003
Gulf Insurance Comnan
Surety
Florence E. Grin, Attorniy fn -Fact
Visit our web site for the entire list of specialty insurance products we offer - www.gulflnsuranre.com
0 0
STATE OF CALIFORNIA }
)ss
COUNTY OF SAN DIEGO }
On 01/07/04 before me, Melanie Anderson, personally appeared Florence E. Griffin
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.
noaiirY
.
WITNESS my hand and official seal. 1� , .• MELAN1ANDERSON
' COfuIM#1432919
NOTARY PUBLIC -CALIFORNIA N
SAN DIEGO COUNTY 0
My Commission Expires
AUGUST 27, 2007
Signatur
******************************************************************************
(THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK)
11
GULF INSURANCE COMPANY
HARTFORD, CONNECTICUT
POWER OF ATTORNEY
ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK.
0
KNOW ALL MEN BY THESE PRESENTS: That the Gulf Insurance Company, a corporation duly organized under the laws of the State of Connecticut, 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
FLORENCE E. GRIFFIN
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-tact, pursuant to the authority herein given, are hereby ratified and confirmed.
The obligation of the Company shall not exceed five million (5,000,000) 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.
�\NSURANeE GULF INSURANCE, COMPANY
C°tQ
SEAL
STATE OF NEW YORK SS °O�roEc °°~
Lawrence P. Miniter
COUNTY OF NEW YORK
Executive Vice President
On this 1st day of October, AD 2001, 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.
o sM'aatgem
N Y
STATE OF NEW YORK I SS �iA oUB�xG�
COUNTY OF NEWYORK J �FNeN
ANGIE MAHABIR-BEGAZO
Notary Public, State of New York
No. OI NIA6019988
Qualified in Kings Counts'
Commission Expires February 16, 2007
I, the undersigned, Senior Vice President of the Gulf Insurance Company, a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and attached
POWER OF ATTORNEY remains in full force.
\N50MNCEC° Dated the STN day of JANUARY io 04
Signed and Sealed at the City of New York. p y4o
v 4�PPo�JF EL
SEAL
° Edl 4J
George Biancardf
Senior Vice President
MGulf
Insurance Group
Gulf Insurance Group
110 West "A" Street, Suite 1805
San Diego, CA 92101
Phone:800-708-0589
Fax: 619-446-2878
GULF INSURANCE COMPANY
NAIC # 22217
f•. GQL07[7117�1:7
To be attached to and form a part of Bond No: B32644321 in the amount of
$146, 000.00 on behalf of Stonefield San Juan, LLC
as
Principal
and
executed by
Gulf
Insurance Company as
Surety in favor of City
of San Juan Capistrano
Effective Date of Bond 01/24/2002
Effective Date of Change 12/01/2003
In Consideration of the mutual agreements herein contained, the Principal and the
Surety hereby consent to changing: Bond Amount
FROM: $146,000.00
TO: $ 30,000.00
Nothing herein contained shall vary, alter or extend any provision or condition of this
bond except as herein expressly stated.
Signed, Sealed & Dated this 7th day of December, 2003
Gulf Insurance Company
Surety
Florence E. Griffin, Attorn ih-Fact
Visit our web site for the entire list of specialty insurance products we offer - www.gu/fl'nsurance.com
STATE OF CALIFORNIA )
)ss
COUNTY OF SAN DIEGO }
On 01/07/04 before me. Melanie Anderson, personally appeared Florence E. Griffin
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.
MELANIE ANDERSON
CppN
Jy�M. #1432919 n
WITNESS my hand and official seal. u , NOTA fSYPUSLIC-CALIFORNIA
U SAN DIEGO CO�INTY
My Commission xpires
AUGUST 27, 2007
Signa /
******************************************************************************
(THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK)
0 0
GULF INSURANCE COMPANY
HARTFORD, CONNECTICUT
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 Connecticut, 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
FLORENCE E. GRIFFIN
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 it
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 five million (5,000,000) 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.
\X,SJVANCECoyq GULP INSURANCE COMPANY
l C
c� u�PP0�TF EL
SEAL
STATE OF NEWYORK J SS oo yEmLawrence P. Minster
c°
COUNTY OF NEW YORK J
Executive Vice President
On this 1st day of October, AD 2001, 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.
�`N,"netq'sF
N Y
STATE OF NEW YORK I SS y� °VsJvJ0
COUNTY OF NEW YORK J °F NE`s
ANGIE MAHABIR-BEGAZO
Notary Public, Stale of New York
No. OI NIA6019988
Qualified in Kings Count,
Commission Expires Februar} 16, 2007
],the undersigned, Senior Vice President of the Gulf Insurance Company, a Connecticut Corporation, GO HEREBY CERTIFY that the foregoing and attached
POWER OF ATTORNEY remains in full force.
\NsorwrycE co Dated the STN day of JANUARY , 20 04
Signed and Sealed at the City of New York. F k
� u�PPn�TF YZ
SEAL
oo'kNECI��J~
George Biancardi
Senior Vice President
•
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 4931171
(949) 493-1053 FAX
wwwsanjuancaptstrano. org
June 30, 2005
Gulf Insurance Company
One State Street Plaza, 9th Floor
New York, NY 10004
l
IA[RRRAAAIlA
a1RnISRRA � 1961
1776
MEMBERS OF THE CITY COUNCIL
Re: Release of Bond — Stonefield Development, Tract 15701/Calle Cobblestone
Dear Sir or Madam:
SAM ALLEVATO
DIANE BATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
According to formal action taken by the City Council of the City of San Juan Capistrano on May 17,
2005 —the enclosed bond is officially released as of June 28, 2005.
BOND NO. PURPOSE
BE2620682 Performance Bond/Stonefield Development
AMOUNT
$230,750.00
The City of San Juan Capistrano hereby fully and forever releases and discharges Indemnity
Company of California from any and all liability under the abovementioned bond number.
The original — released — document is enclosed. If you have any questions, please do not hesitate
to call me at (949) 443-6308.
Very truly yours,
Ma ahan. Cl0i
Xetter only)
Stonefield Development, Neil Morrison
Nasser Abbaszadeh, Engineering & Building Director
San Juan Capistrano: Preserving the Past to Enhance the Future
0 Pnnted on recycled paper
BOND NO: BE2620682
PREMIUM: $2,769.00
KNOW ALL MEN BYTHESEPRESENTS.that
STONEFIELD DEVELOPMENT as Principal (hereinafter called
"Comrecux-), and GULF INSURANCE COMPANY
as Surety (hereinattercaged "Surety'), ars held andfimdy bound untnthoCityofsarrduen
Capistiam, as abligea (herelnatter Called 'City'), in the am mt of*TWO HUNDRED THIRTY THOUSAND
SEVEN HUNDRED FIFTY AND 001100THS** Doilgre(;i 230.750.00 1
for payment whereof Contractor and Surety bind themselVes, their heirs, executors,
sdmin'e$tr&k*rs, suceeseors and assigns, Jointly and severally, fairly by thaso presents.
WHEREAS, Contractorhas, bywriften agreementdated
entered into a (desotibe agreement):
which contract Is, by rekrence, made a part hereof.
NOW, THEREFORE, the condition of this obligation is such that, if Contractor stall
promptly and faithfully perform said agreement then this obligetlon Shall be null and void;
otherwise It $hall remain in full force and effect Surety waives whatevet legal right it may
have to require that a demand be made first against the Contractor in the want of default.
BE IT FURTHER RESOLVED, Oft
As a part of the obligation secured herby, and in addition to the face amount
apaeyned, there shall be Included costs and reasonable "pone" and foo$, including
reasonabla attomey's fees. Incurred by City in successfully enforcing such obligation, all
to be taxed as costs and Included in any Judgment rendered.
c nynNsvmn w«amrro�aa saws -t- O&IC o
RELEASED
0
L
2.Said Surety, for value received, hereby stpulatee and agrees that no change,
extension of time, alteratlon, or modfficetbh of the contract documerrta, or of the work to
be performed thereunder, shag In any way atfoct Ifs obggations or thio bond, and it does
herebywalve notice of any such change, exienslon oftime, afteratlon or modhloaUw of the
contract documents or of work to be performed thereunder.
EXgeUtadtrUq 6TH dayof DECEMBER 200 0 at
SAN DIEGO California_
STONEF E
ROBERT C. PACK, PRESIDENT
(NOTARIZATION ANU SEAL)
APPROVED AS TO FORM:
ey _li
John's . Shaw, 10tyrAttorney
SURETY
(NOTARIZATION AND 3EAQ
DAVID C. BANFER, ATTORNEY-IN-FACT
=vny" *mwPwft mnnce8w4.wPd -2- asnow
STATE OF CALIFORNIA }
}ss
COUNTY OF SAN DIEGO)
ON, 12/06/2000 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.
M. GIVENS
WITNESS my hand and official seal. Commission # iss
Notary Petblic - Ca11ta1Ti10
San Diego c_aunty.
/ comm.Exp�es.lant6,'20ai
Signature
(THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK)
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GULF INSURANCE COMPANY
ST. LOUIS, MISSOURI
POWER OF ATTORNEY
ANOWN ALL MEN BY THESE PRESENTS: That the Gulf Insurance Company, a corporation duly
ramp^iv°d coder the laws of the Slate of Missouri, having its principal office in the city of Irving.
lexas, pursuant to the follav mg 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 a any Senior Vice President W the
Company shall have authority to make, execute and deliver a Power of Attorney constituting as
Attorney-in-fact, such persan, 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, a 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 a otherwise issue a policy or policies of
insurance on behalf of Gulf Insurance Company."
Gulf Insurance Company does hereby make, constitute and appoint
David C. Banfer
0
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 and 00/100------------------------($3,000,000.00**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. i--�
;TATE OF NEWYOi"K
COUN'1 Y Oi? KIN :S
SV PANdp
CN
j�xx`O, 01T� Obi
SEALt
1 yrs"ouP•
GULF INSURANCE COMPANY
XLavvrence�P
Executive Vice Preci att
Or, this 15th dayof November , 2000 A.D., 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.
OIDJAe�co
STATE OF NEWYORK SSCOUNTY OF NEWYORK
David J@�
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.
8026 -BI (7/2000)
unANe�
4 �T'OPyOp-0fOO,i Dated the 6TH
SEAL
day of DECEMBER 2000
Ge� ard�ct�"`�'�`
Senior Vice President
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
} ss.
County of ra Q J
On before me, �I IY IS l' 1 Y l�i�Sb�1
Data�^A L �f %�ame and Tttle of O icer te.g., "Jane Doe, Notary Public'
personally appeared Ll�II l _ -A K
l5;epersonally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(yf whose name(o is/a/e
subscribed to the within instrument and
acknowledged to me that he/so/tVy executed
the same in his/Vr/their authorized
CHRIS L MC PHERSON capacity(io, and that by his/hplf/thatr
Commission # 1231776
signature(oon the instrument the person( , or
Notary Public _ Callforl the entity upon behalf of which the personv
Orange County ( acted, executed the instrument.
ESS my hand and offrci al
Place Notary Seal Above Signature of N Lary 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
Title or Type of Document:
! /'�
Document Date: ID_` 14 �
Number of Pages: 2—
Signer(s) Other Than Named Above: _ DO-V)i%.
Q#v[ae_r
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual r-� ]P
Corporate Officer — Title(s): l L', 7
pt
Top of thumb here
❑ Partner —❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
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Signer Is Representing: �rieSile ld QeV
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.
1997 National Notary Association • 9350 De Soto Ave., PO, Box 2402 • ChabovoM, CA 91313-2402 Prod No. 5907 Reorder: Call Toll -Free 14100-896-8827
Page 1 of I
•
Meg Monahan
From: Meg Monahan
Sent: Thursday, June 02, 2005 8:22 AM
To: Nasser Abbaszadeh
Cc: Bret Caulder; Paul Melby
Subject: Release of bonds -- calle cobblestone t 15701
Hi,
I received a 5/25/2005 request from you to release a bond for this project. This item went to city council
on May 17, 2005. The Notice of Completion was recorded on May 24, 2005. I cannot release this until the
release date of June 28, 2005 (35 days after recording). I will hang onto it until then. No further requests
needed.
I do need the address for Stonefield Development in order to release the,bond.
Mel; Monahan, City Clerk U�nCC(�� ��C+F}��I
City of San Juan Capistrano ,0'7:3,33
32400 Pasco Adelanto �f_/,� �i ���.�( ��� ��J
San Juan Capistrano, CA 92675 C �
(949) 443.6308
(949) 493-1053 - fax
6/2/2005
0
MEMORANDUM
TO: Meg Monahan, City Clerk
FROM: Nasser Abbaszadeh, Building and Engineering Director N '
May 25, 2005
SUBJECT: Grading Bond Release, Calle Cobblestone (Stonefield Development)
This memorandum is authorization to release the grading bond posted for Tract 15701,
Calle Cobblestone. The grading for the project has been completed and the bond can now
be released.
A Performance Bond posted with Gulf Insurance Co., Bond Number BE2620682, was
posted as security for the bond. A copy of the Surety Agreement and Performance Bond is
attached for your information. If you have any questions, please contact me.
Attachment
cc: file
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SURETY AGREEMENT
THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a
municipal corporation, hereinafter referred to as the "City" and Stonefield Development,
a California Corporation referred to as "Developer".
WITNESSETH COPY
WHEREAS, City will issue Grading Permit No. 43075 to Developer to construct
certain designated improvements, more particularly described in Exhibit "A" attached and
incorporated herein by reference, which said improvements constitute a portion of that real
property at the location of the southwest comer of Del Obispo and Calle Aspero, commonly
referred to as Tract 15701.
WHEREAS, San Juan Capistrano Municipal Code Section 8-3.05 requires the
posting of financial security to secure the faithful performance and labor and materials for
the grading and installation of improvements connected with issuance of grading permits.
WHEREAS, San Juan Capistrano Municipal Code Section 8-3.06 authorizes the
Building Official to require additional bonding as security to ensure against illicit non -storm
drain discharge and adverse aesthetic impacts arising from incomplete grading and/or
improvements from development projects which have not been completed.
WHEREAS, the Building Official finds that the proposed project site is highly
prominent and visible to the community, has unique topographic features or involves
substantial grading of slope areas.
NOW, THEREFORE, in consideration of the premises and promises hereinafter
contained, City and Developer agree as follows:
1. Developer's Developer's Improvements Obligations. Developer shall, at its sole cost and
expense, provide and furnish all labor, materials and equipment for the installation of
improvements set forth in Exhibit "A". The grading permit and plans, which further defines
the improvements in Exhibit "A", are on file in the office of the City's Building Official, and
all documents referenced in Exhibit "A" are incorporated herein by reference.
0 0
2. Developer's Security. Developer shall provide a bond by a duly authorized
corporate surety subject to the approval of the City Attorney, to secure Develo ei's
improvement obligations required under this agreement. o PY
The amount of the bond shall be $230,750 for that work descnbed in Exhibit "A".
This security of $230,750 shall also serve as security for restoration of the site. A copy of
the surety instrument, as approved by the City Attorney, is attached as Exhibit "D".
3. Completion of Improvements. To ensure the protection of the public safety,
health and welfare, Developer shall construct the improvements described in Exhibit "A"
in accordance with the schedule as set forth in Exhibit "B", and the conditions as set forth
in Exhibit "C".
4. Developer Default. In the event Developer does not complete the required
improvements, including erosion and silt control measures within the time required, using
Best Management Practices (BMP) in implementing a Water Quality Management Plan in
full compliance with Orange County National Pollutant Discharge Elimination System
(NPDES) Storm Water Implementation Agreement, or abandons the project site, or
suspends work for more than twenty working days other than previously prescribed, City
shall have the right to immediately declare a default and to make demand on the surety for
performance.
5. Restoration of Site. San Juan Capistrano Municipal Code Section 8-3.06
allows the City to require bonding as security to ensure against illicit non -storm drain water
discharge and adverse aesthetic impacts arising from uncompleted grading and/or
improvements. The purpose of this bonding shall be to restore the property to its original
condition if the Developer defaults. This restoration shall include but not be limited to the
following:
A. Dismantle and/or demolish improvements;
B. Grade property to its original contours as shown on the grading plan
referred to in Exhibit "A";
C. Remove all debris and construction materials from the site; and
D. Install erosion and silt control devices, including hydroseeding, to insure a
uniform vegetative cover, or equivalent stabilization measures which include the use
of such Best Management Practices as blankets, fiber matrices, catch basin filters,
• • COPY
or other erosion resistant soil coverings or treatments to satisfaction of the Director
of Engineering and Building.
6. Attorney's Fees. Developer agrees to pay City such sum as the court may
adjudge as reasonable for the legal services of an attorney representing the City in an
action brought to enforce or interpret the obligations of this agreement, and such sum shall
be made a part of any judgment in such action against Developer if such action is
determined in favor of said City.
7. Developer's Work in Safe Condition. Developer shall perform all work in a
safe workmanlike manner and shall take such precautions as may be necessary to warn
and protect the public from any dangerous condition caused by the construction of said
improvements.
8. Liabili . Developer shall hold City, its officers, and employees harmless from
any and all claims, demands, causes of action, liability or loss of any sort because of, or
arising out of, the acts or omissions of Developer, his contractor, subcontractors, agents
or employees in the performance of this agreement.
In witness whereof, the parties have executed this agreement as of
20 , 200,0 at San Juan Capistrano, California.
Developer
Stonefield Deve ment
By: Robert C. Pack
President
Approved asfiP Fo
i
l i
�r
By: John Shaw
City Attorney
fit
0
0
BOND NO: BE2620682
PREMIUM: $2,769.00
PERFt>RAUNrE.COPY
KNOW ALL MEW SYTHESE PRESENTS, that
STONEFIELD DEVELOPMENT , as Principal (hereinafter called
"Contractor), and GULF INSURANCE COMPANY
as Surety (herainattercalled "Surety'j, ars held and finny bound untotheCityvft3arrdusn
Capistrano. as oblige (hereinafter Called 'City . In the aMmmt of*TWO HUNDRED THIRTY THOUSAND
SEVEN HUNDRED FIFTY AND 00/100THS** DoAara(S 230.750.00 1
for payment whereof Contractor and Surety bind themselves, their hairs, executors,
administrators, suceeaaors and assigns, jointly and severally, fairly by these presents.
WHERFAS, Ccnbectorhas, bywrihm &WswrAnt dated
entered into a (describe agraerrm#
which contract N, tfy raferenae, made a part hereof.
NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall
promptly and falthhrlty perform said agreement, than this obligation Shall be null and void;
otherwise It shall remain in full force and effect. Surety waives wtu tevsr legal right it may
have to requtra that a demand be made first against ttro Contractor in the event of default.
BE IT FURTHER RESOLVED, that
1. As a part of the obligation secured harsby,and inaddIdon10the face amount
apagned, thea sha0 be included costs and roatonabie expanse and foes, including
reasonable attomey's fees. Incurred by Cly In suooassfully enforcing such obligation, aS
to be taxed as soaps and Included In any Judgment rendered. — – –
ev+tirwsVumsWafineyngamE.+we -t- asnaw
2. Said Surety, for value received, hereby stipulates and agrees that no change,
"nsion of time, alteratlon, or modification of the contract documents, or of the work to
be performed thereunder, shah In any way aRod Its obllpations or this bond, and A does
herebywalve notice of arty such change, extension &time, alteration or modMoation of the
contract documents or of work to be performed thereunder.
EXeCUtWthlB 6TH dgyof DECEMBER 200 O at
SAN DIEGO CSalifornla.
STONEF E
ROBERT C. PACK, PRESIDENT
(NOTARIZATION AND SEAL)
APPROVED AS TO FORM:
�i
By.
Shaw. City Attorney
SURETY
(NOTARIZATION AND SRAQ
DAVID C. BANFER, ATTORNEY-IN-FACT
�Vnye001bm-Ap-d--.0080M.MW -2- WIG=
0 0
STATE OF CALIFORNIA } COPY
}ss
COUNTY OF SAN DIEGO)
ON, 12/06/2000 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.
Oiego.Jcr.:nty
Signature
(THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK)
•
0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of
On) . 1 , before me,
Data
personally appeared
.nc
Place Notary Seal Above
}(ame antl Title of DRcer(e.g., •Jane Doe. Notary Public-)
Name(s) of Signer(s)
personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person( whose name(yj is/a/e
subscribed to the within instrument and
acknowledged to me that he/so/tVy executed
the same in his/t)dr/thj2rir authorized
capacity(io, and that by his/h9f/thair
signature(g on the instrument the person(J, or
the entity upon behalf of which the person(p
acted, executed the instrument.
#ITNESS my hand and offfciats al.
Signature of N vary Publk
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
Title or Type of Document: _
Document Date: (� Number of Pages: 2—
Signer(s)
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: •-
❑ Individual Top of tnumn n6re
W Corporate Officer — Title(s): +gCii e_nt
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing: �?tt` ig6i� 6 1l
l
0 1997 National Notary Association • 9350 De Soto Ave.. P O. Box 2402 • ChatswoNh. CA 91313-2402 Protl, No 5907 Reonlec Call Toll -Free 1-800-876-6827