1995-0207_TAYLOR WOODROW HOMES CALIFORNIA_Bond Release0
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493.1171
(949) 493-1053 FAX
www sanjuaneaplstrano. org
October 23, 2007
American Insurance Company
777 San Marin Drive
Novato, CA 94998
[�✓�J,y/�� I¢ouaen[o
EST IIOSAR 1961
1776
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
THOMAS N. HRIBAR
MARK NIELSEN
JOE SOTO
DR. LONORES USO
Re: Release of Bond: Bond No. 11127274139 — Taylor Woodrow Homes California Limited:
Tract 13236 (Lomas San Juan Planned Community) (San Juan Hills)
Dear Sir or Madam:
This letter is to inform you that the following bond issued for Taylor Woodrow Homes California
Limited for on-site drainage improvements and slope landscape for Lomas San Juan Area D-1
and D-2 is released:
BOND NO. PURPOSE AMOUNT
11127274139 on-site drainage improvements/slope landscape $250,000.00
(The original amount of the bond was $7,429,100.64 — which was reduced to $250,000 on
12/22/1998 by rider)
The City of San Juan Capistrano hereby fully and forever releases and discharges American
insurance Company from any and all liability under the abovementioned bond number. The
original released document is enclosed. If you have any questions, please do not hesitate to
call me at (949) 443-6308.
Very truly yours,
,MMC
Enclosures as noted
cc: (Letter copy only) James Ganion, Esq., Ulich and Terry, 4041 MacArthur Blvd, Ste 500,
Newport Beach, CA 92660, Nasser Abbaszadeh, Engineering & Building Director; Sam
Shoucair, Senior Engineer
San Juan Capistrano: Preserving the Past to Enhance the Future
C, Printed on 100% recycled paper
STATUTORY PERFORMANCE BOND
Bond No.: 11127274139 Premium: $66,862.00
KNOW ALL MEN BY THESE PRESENTS, that Taylor Woodrow Homes California
Limited, as Principal, hereinafter called CONTRACTOR and American Insurance Company, as
Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano,
as Obligee, hereinafter called CITY, in the amount of seven million, four hundred twenty-nine
thousand one hundred and 64/100 Dollars ($7,429,100.64) for payment whereof Contractor and
Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and
severally, fairly by these presents.
WHEREAS, Contractor is required to provide a faithful performance bond pursuant to the
statutory requirements of the San Juan Capistrano Municipal Code to guarantee certain work, more
particularly described as follows:
GRADING, ON-SITE DRAINAGE IMPROVEMENTS, AND SLOPE LANDSCAPING
FOR LOMAS SAN JUAN AREA D-1 AND D-2.
NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly
and faithfully perform said statutory obligation, then this obligation shall be null and void; otherwise
it shall remain in full force and effect. Surety waives whatever legal right it may have to require that
a demand be made first against the Principal in the event of default.
BE IT FURTHER RESOLVED, that:
1. As a part of the obligation secured hereby, and in addition to the face amount
specified, there shall be included costs and reasonable expenses and fees, including reasonable
attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and
included in any judgment rendered.
2. Said Surety, for value received, hereby stipulates and agrees that no change, extension
of time, alteration, or modification of statutory obligation, 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 modifications, or of tfkE!trlEtmed thereunder.
2
City Clerk
City of San
0 0
Statutory Performance Bond Page 2
Taylor Woodrow Homes California Limited
Lomas San Juan Areas D-1 and D-2
Executed this 9th day of February, 1995, at San Francisco
California.
APPROVED AS TO FORM
11.. / "-,-I In
McliardK.Denhalter 2/1/? 5-
City Attorney 1
PRINCIPAL
By:
A. Michael Wentink
V.P. Finance
(NOTARIZATION AND SEAL)
SURETY Th American Insurance Company
By: g
isa B. Wofford
Title: Attorney—in—Fact
(NOTARIZATION AND SEAL)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. SSe7
State of California
County of San Francisco
On F r�g, 1995 before me, Martha M.G. Scholl
DATE NAME, TITLE OF OFFICER - E.G..'JANE DOE, NOTARY PUBLIC'
personally appeared Lisa B. Wofford
NAME(S) OF SIGNERS)
l personally known to me - OR - ❑ nroued to4*e-on the.basis-oUsatisfactory-evidence
to be the person whose name(g) is/afe-
subscribed to the within instrument and ac-
knowledged to me that-he/sheLthey executed
the same in his/her/theft authorized
capacity(ies), and that by i Wher/their
signatureW on the instrument the person{sj,
or the entity upon behalf of which the
personM acted, executed the instrument.
MARTHA M.G. SCHOLL
COMM. # 1040294
NDTARYPUBLIGCAFORNIA Y
WITNESS m hand and offic' I seal.
�
SAV FRANCISCO COUNTY
My Cwm Expiry NOY. 4 199
SIGNATURE OF NOTARY
Martha M.G. Scholl
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLES)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSONS) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave.. P.O. Sox 7184 - Canoga Park CA 91309-7164
GENERAL
POWER OF
ATTORNEY THE AMERICAN INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of
New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on lune 1, 1990, and having its principal office in the County of Marin, State of
California, has made, constituted and appointed, and does by these presents make, constitute and appointALAN S H I REK AND LISA B.
WOFFORD, jointly or severally
SAN FVANCIS0. CA
rue and law ul Attorney s
its t) -m -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any
and all bonds, undertaking, recognisances or other written obligations in the nature thereof _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the
Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact rosy do in the premises.
This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in fun force and
effect.
"Article VII. Appointment mad Authority of Resident Secretaries, Attorneys -la -Fact and Agents to accept Legal Process and Make Appearances.
Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vice -President or any other person authorized by the Board of
Directors, the Chairman of the Board of Directors, the President or any Vice -President may, from time to time, appoint Resident Assistant Secretaries and
Attorneys -in -Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the
Corporation.
Section 46. Authority. The authority of such Resident Assistant Secretaries, Attomeys-in-Fact and Agents shall be as prescribed in the Instmment evidencing
their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to
make web appointment!,
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN
INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution has not been amended or repealed:
"RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this
Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile,
and any power of attorney, any revocation of any power of attorney, or cerrificate bearing such facsimile signature or facsimile seal shall be valid and binding
upon the Corporation:'
IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate seal to
be hereunto affixed this 17th day of November , 1994
THE AMERICAN INSURANCE COMPANY
i
i
By _
Via.Prendcn[
STATE OF CALIFORNIA
ss.
COUNTY OF MARIN
On this 17 t h day of November 19 9 4 , before me personally came M. A. Mallonee
to me known, who, being by me duly sworn, did depose and say: that he is Vice- President of THE AMERICAN 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 instrument 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.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written.
OFFICIAL NOTARY SEAL
A. KRIEGER
NotaryPublic—California •manwbiic
MARIN COUNTY
My Comm. Exp. MAR 20,1995 CERTIFICATE
STATE OF CALIFORNIA
COUNTY OF MARIN
I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that
the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the
By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force.
Signed and sealed at the County of Marin. Dated the 9th day of Februn =r , 19 95.
'°�ci'E.°o+� RmiOem AviftanE Srcrmary
360711 -TA -2.94
AMERI~
}
STATE OF CALIFORNIA }ss.
COUNTY OF dF"N'� CLQ }
On F> F3f2 _l.4tz1' 7, 1 7`)15; before me,
personally appeared �. 1"ITs J FL1_ Vl�r1TT�1ML� �/�L PRS T
C -->F= t=zt'j" d CE- personally known to me
{ef Preyed to be the person,{s') whose name(sf is/are
subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same
in hisAierffheir authorized capacity 49a), and that by h is/h e FAhei Fsignature(&) on the instrument the
personf6) or the entity upon behalf of which the person($) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
OFFl„ IAI.
HOMYCrii�.;(:IJ
Notary Pu:rir. — California
ORANGE COLIN;'V
MY Cornm_ E.;Xius h{Av 2?.tS�S
(1 -his area for official notarial seal)
Title of Document L;?�O^lo
Date of Document F� -7, 19 g No. of Pages Z
Other signatures not acknowledged Y �� , t2E7 K•IZ—
TT
3008 (1!441 (General)
First American Title Insurance Company
���
•SZ AMERI`
.� c-1
}
STATE OF CALIFORNIA }ss.
COUNTY OF bPZAi4�- }
On before me, 1 -e -,L a 'y C.,. �A W -S�'J _ _ _ ,
personally appeared A,
OP personally known to me
( ) to be the person(e) whose name(s)-is/are-
subscribed to the within instrument and acknowledged to me that he(sey executed the same
in hisll;Ief4�uthorized capacity(ies), and that by his(hef4heir signatureK on the instrument the
personps`j or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
OFFI:^IAL NO rARV SEAL
HOLL.y S CARLSON
Notary puNir, — California
ORANGE COUNTY
NY Comm Exp,,, MAY 271f�,
(This area for official notarial seal)
Title of Document S. 1= Y E�_J it t✓rJ?—
Date of Document �:� -7, 1 ID9'k5- No. of Pages 3
Other signatures not acknowledged
3006 (1(94) (General)
First American Title Insurance Company
•
TAYLOR WOODROW
December 23, 1998
Mr. Dan MacFarland
Manager of Building and Safety
CITY OF SAN JUAN CAPISTRANO
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
DEC 28 1998
du1LI)ING DIVISION
Subject: Decrease Rider for Grading Bond No. 1112727 4139
Tract 13436, Areas D-1 and D-2
Dear Mr. MacFarland;
Taylor Woodrow
Homes, Inc.
24461 Ridge Route Drive
Laguna Hills, CA 92653-1686
Telephone 949 581-2626
Facsimile 949581-2727
Attached please find a Decrease Rider for the referenced bond in the amount of $250,000
as agreed upon. Please sign and notarize both originals and retain the one indicated for
your records. The other original should be returned to my attention to forward to our
surety company.
We appreciate your prompt attention to this matter and look forward to working with you
in the coming year to release the other improvement bonds pertaining to this project.
Should you have any questions, please contact me at 949-206-2211.
Kind Regards,
h
Ginny Kerr
Taylor Woodrow Homes, Inc.
Cc: Bob Liewer
Tom Hensley
0 •
RIDER TO DECREASE BOND AMOUNT
This Rider is to be attached to and form part of
Bond Number 111127274139
on behalf of TAYLOR WOODROW HOMES
in favor of CITY OF SAN JUAN CAPISTRANO and
effective FEBRUARY 9 , 19 95
IT IS HEREBY UNDERSTOOD AND AGREED, That,
The penal sum of this bond is decreased from SEVEN MILLION, FOUR
HUNDRED TWENTY NINE THOUSAND, ONE HUNDRED & 64/Dollars ($7,429,100.64)
to TWO HUNDRED FIFTY THOUSAND AND NO/100THS ----
Dollars ($ 250,000.00) effective the 22nd day of DECEMBER , 19 98
PROVIDED, HOWEVER, that all other terms and conditions of the attached bond
are to remain unchanged.
Signed, Sealed and Dated this 22nd day of DECEMBER 19 98
TAYLOR WOODROW HOMES
Principal
By
THE AMERICAN INSURANCE COMPANY
BY.C7^rt.�`^- Surety
SWAN LEE, ATTORNEY-IN-FACT
2R9�4�k
Obligee
By
J Title
0 0
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On December 23. 1998, before me, Michele R Leondis, personally appeared A. Michael
Wentink, personally known to me ( ) to
be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/sheA4ey executed the same in his/49A4heir authorized
capacity(ies) and that by his/4er4#eir 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.
COv�,w1A6AA. i 1060886
nrolo,�,
ORANGE CWNIV
NN Comm. Edi ee JUN e. 1999 '
,,_-,--Notary Pu li ih—and-f&Said County
and State
0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Francisco
On December 22, 1998 before me, Janet C. Rojo, Notary Public
personally appeared ************Swan Lee**************
l7personally known to me - OR -
_ S ?
11NEl C. RC40
b 4 COh"M. k i i 511561 T
Tir-y o,�rt:uri. -rclres Ac ;. 15, _':-i
❑ proved to me on the basis of satisfactory
evidence to be the person whose name is
subscribed to the within instrument and
acknowledged to me that he executed the
same in his authorized capacity, and that
by his signature on the instrument the
person, or the entity upon behalf of which
the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature of otary
FIREMAN'S FUND INSURANCE COIW
NATIONALSURETY CORPOi�S'ION ASSOCIATED INDEMNITY CORPORATION
THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY
GENERAL POWER OFATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL SURETY CORPORATION,
an Illinois corporation, THE AMERICAN INSURANCE COMPANY, a New Jersey corporation tedomestiated in Nebraska, ASSOCIATED INDEMNITY
CORPORATION, a Califomia corporation,and AMERICAN AUTOMOBILE INSURANCE COMPANY a Missouri em�ppoonra��ion, ( Hln collectively celled "die
Companies') does each hereby appoint ERRY J. MOUGHAN, JACK M. WOODRUFF, 56W M. GERGURI
CYNTHIA L. LEWIS, SCOTT R. WHITESIDE, SUSAN GANNUSCIO, THOMAS J. GALLAGHER,
JANET C. ROJO, JOYCE LEE KINNEY, SWAN LEE, SAN FRANCISCO CA
their true and lawful Atrorney(s)win-Fact, with PoII power of authority hereby conferred in their name, place and stead, W etectue, seal, acknowledge and deliver any and all
un tags, «cognwnces or other written obligations in the nature thereof_ ^-�-
and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate scabs of the Companies and duly
attested by the Companies' Secre ary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises.
This power of attorney is granted undo and by the authority of Article VII of the By-laws of FIREMAN'S FUND INSURANCE COMPANY, NATIONAL SURETY
CORPORATION, THE AMERICAFF INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE
COMPANY which provisions we now in full fora and effect
This power of attorney is signed and sated under the authority of the following Resolution adopted by the Board of Directors of FIREMAN'S FUND INSURANCE
COMPANY, NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN
AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held, a by written consent, on the 19th day of March, 1995, and said Resolution has am been
amended or repealed
"RESOLVED, that the signature of any Vice-president, Assistant Secretary, and Resident Assistant Secretary of the Companies, and the seal of the
Companies may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by
facsimile. and any power of attorney, any revocation of any power of attorney, or artifiate bearing such facsimile signature or facsimile seal shall
be valid and binding upon the Companies"
IN WITNFS.�OIVFiEay of the C e IneriM.haie caused IhesFgWots to be signed by their Via-Presideat, and their corporate seals to be hereunto affixed
this day of k' DC
peters cx-)
FIREMAN'S FUND INSURANCE COMPANY
,�°�.�„a...�e•�-��r,r"�iONATIONAL SURETY CORPORATION
I ot •THE AMERICAN INSURANCE COMPANY
scan asrnASSOCIATED INDEMNITY CORPORATION
Ryrt���F s.y�4a,d�'�.,LL„C''^*'N"'Z'�tt=.
AMERICAN AUTOMOBILE INSURANCE COMPANY
By
SMOTE OF CALIFORNIA l
COUNTY OF MARIN Jr
On the 30 day of September 1998 , before me personally came M. A. Mallonee to me known, who, being by me
duly swum, did depose and say: that be is a res -President of each company, described in and which executed the above instrument; that he knows the seals of the said
Companies; that the soak affixed W the said instrument ane such company Seats; that they were so affixed by order of the Board of Directors of aid companies and that he
signed has name thereto by like order
W W TNFM WHEREOF. I have hereunto set my hand and affixed my official seal, the day and year herein fust above written.
�L OOn # 11
O—,;WCCrYvn.
Commission M 1163726Notarypublic-CaliforniaMarin County
&Vies Nov2EL 2001 r+” rvaue
CERTIFICATE
STATE OF CALIFORNIA l
J}sea
COUNTY OF MARIN
L the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains In full force
and bat not been revoked; and furthermore that Article VII of the By-laws of each company, and the Resolution of the Board of Directors; so forth in the Power of Attorney,
are now in fora.
Signed and scaled at the County of Maria Dated the 22nd day of DECEMBER 1998
_ ssssawrro `tea rats r4h vst,,a. .a.:%4 �� �i��^�ae� lam•
aV ,aY �,:
�'t�t=' -, ��Nc[ co`F� ��4�iwci'co"�• +i�f� � amdnrnomr smeary
360789-11-98
•
.........................
Fireman's
Fund"
January 17, 2005
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
n
u
RECE !ED
1005 JAN 19 P 1: 5 q
RE: Bond number: 11127274139
Principal: Taylor -Woodrow Homes California Limited
Description: Grading, On -Site Drainage Improvements, and Slope Landscaping for
Lomas San Juan Area D-1 and D-2
Amount: $7,429,100.64 reduced to $250,000.00 on December 11, 1998
Effective: February 9, 1995
Gentlemen:
The American Insurance Company is surety on the captioned bond, and we are asking that you
provide us with the current status below. A self-addressed, stamped envelope is enclosed for
your convenience in replying. Thank you for your assistance.
Sincerely,
Eileen M. Robison
Surety Department
Phone: 415/899-4309
Fax: 415/899-2229
e-mail: erobison@ffic.com
❑ The bond is released. Approximate release date
❑ Work is completed, but the bond is not released because
❑ Work is not complete and the bond is not released.
Signature
Date
777 San Marin Drive, Surety, Mail Drop C88, Novato, CA 94998
0
0
MEMORANDUM October 2, 2007
TO: Meg Monahan, City Clerk 1 /�
FROM: Nasser Abbaszadeh, Building and Engineering Director /V i
SUBJECT: Grading Bond Release, San Juan Hills HOA/Taylor Woodrow Homes
Tract 13436
This memorandum is authorization to release the grading bonds posted for Tract 13436
Lomas San Juan Area D-1 and D-2. The grading for the project has been completed and
the bond can now be released.
The performance bond # 11127274139 posted from American Insurance Company in the
amount of $250,000.00 was posted as security. Please find attached a copy of the Surety
Agreement and performance bond for your use. If you have any questions, please contact
me.
Attachment
PLEASE CONTACT JOHN SHAW FOR:
Contact information and who to address the letter to.
PER: JOHN SHAW
•. LI �LAW OFFICES OF •
ULIU:H & TERRY LLP
4041 MACARTHUR BLVD., SUITE 500
NEWPORT BEACH, CALIFORNIA 92660
TELEPHONE (949) 250-9797
FACSIMILE (949) 250-9777
www.ut-law.com
September 26, 2007
The City of San Juan Capistrano
Attn: John Shaw
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Re:
Taylor Woodrow Bond No. 1114165 4035 $274,610.00
Taylor Woodrow Bond No. 1114165 4027 $247,152.00
Taylor Woodrow Bond No. 111$727 4139 $7,429,100.64 ____ C, K IC re �6 e t%e
Dear Mr. Shaw:
This correspondence follows several pr
regarding Taylor Woodrow's outstandn
Juan Capistrano regarding its San Juan
City's position that until such time as th
Taylor Woodrow is resolved, the bond:
been resolved and a copy of the fully -e)
hereto for your review and file.
A'P.'puzlilWIZQ � Z�Gc.o
:vious letters I have sent to your attention over the years / O�
g warranty and performance bonds with the City of San
Hills Estates project. As you will recall, it has been the
: lawsuit filed by the San Juan Hills Estates HOA against
would not be released. Thankfully, the lawsuit has now
,cuted settlement agreement confirming same is attached
At this time, Taylor Woodrow is reg4esting that the City immediately exonerate the above -
captioned bonds, and provide written conformation of same to Don Steffensen, Jr., General
Counsel, Taylor Woodrow Homes, Inc., 15 Cushing, Irvine, CA 92618.
yours,
Jaqds M. Ganion, P.C.
,oTULICH & TERRY LLP
cc: Donald D. Steffensen, Jr. (via e4ail only)
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Best's Ratings
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Rating: A (Excellent)
Affiliation Code: p (Pooled)
Financial Size Category: XV ($2 Billion or greater)
Outlook: Stable
Action: Affirmed
Effective Date: October 02, 2006
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Meg Monahan
From:
John Shaw
Sent:
Monday, October 22, 2007 3:04 PM
To:
Meg Monahan
Cc:
Sam Shoucair
Subject: taylor woodrow bond release
Meg and Maria: with regard to sam shourcair's memo of October 22, 2007 addressed to you
on release of the T -Woodrow Bond, the official notification of the release of the subject bond
should be sent to:
James Ganion, Esq.
Ulich and Terry
4041 Macarthur Blvd., Suite 500
Newport Beach, Ca. 92660
Thank you.
10/23/2007
MEMORANDUM October 22, 2007
TO: Maria Morris, Deputy City Clerk
FROM: Sam Shoucair, Senior Engineer
SUBJECT: Tract 13437 and 13436, San Juan hills / Taylor Woodrow Homes, Bond
release
Please release the original Taylor Woodrow bond No. 111 332 217 36 for $1,141,900.00
for the La Novia Bridge improvements, associated with the development of the subject
project. This release is in accordance with City Council Resolution No. 07-10-02-01
between the City and San Juan Hills / Taylor Woodrow Homes, executed on October 2,
2007.
Attachment: Recap of October 2, 2007- Item # 10 of City Council Meeting.
cc: John Shaw
RECAP: City of San Juan Capistrano
October 2;-2007 Page: 5
9. Coli ideration of Agreement for Civil Engineering Services for the High West
Side Pipeline Project (CIP No. 793), Recycled Water Pipelines (CIP No. 755),
and' Recycled Water Pressure Reducing Stations (CIP No. 785) (PSOMAS)
(600.30): Personal services agreement for civil engineering services for the
High West Side Pipeline Project, Recycled Waterlines Project; and
Rdcycled Water Pressure Reducing Valve Project with PSOMAS, in the
amount of $431,915, approved with the following revisions: a) Exhibit A
needs to be properly labeled, and b) Section 3.2 Rate Schedule — the
following sentence to be, added at the end of the paragraph. "Not
10. Proposed Settlement Agreement/Subdivision Tract 13436 (Lomas San. Juan
Planned Community)(S. J: Hills)(Taylor Woodrow Homes, Inc.)(Lusk
Coippany)(600.30): Resolution No. 07-10-02-01 adopted approving a
termination and settlement agreement and. mutual releases and taking
! ot/lbr actions relating to cost apportionment obligations for certain
designated off-site work for area A — Los San Juan Planned Community,
and Termination and settlement agreement with S. J. Hills and Taylor
Woodrow Homes, Inc. related to Tract 13436, approved: Nie/sen/Soto, 5-0
11. City; Manager Salary Recommendation (600.30): Amendment to employment
agreement with David F. Adams, related to salary, adjustment, approved:
Nie/senlSoto, 5-0
E. PUBLIC HEARINGS: None
F. SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to
G. ADMIN13fid2ATIVE ITEMS
1. CITE' MANAGER
a. ';' Consideration of Phase I: Space Needs Assessment and Schematic
Designs for the San Juan Capistrano Library, Approval of Agreement for
Phase II Services with Carrier Johnson and Appropriation of Funds —
City Council Priority No. 17B (330.20/600.30): Spaced needs
assessment and schematic, designs for the San Juan Capistrano
Library, dated August 2007, received and approved; Professional
services agreement for Phase H services with Carrier Johnson, in the
amount of $384,600, approved with a revision to Section 3.2 Rate
Schedule — the following sentence to be added at the end of the
paragraph. "Not withstanding the hourly rates. all services and
'deliverables shall be completed for an amount not to exceed that
0
TAYLOR WOODROW
December 23, 1998
Mr. Dan MacFarland
Manager of Building and Safety
CITY OF SAN JUAN CAPISTRANO
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
DEC 28 1998
-JuILOING DIVISION
0
Subject: Decrease Rider for Grading Bond No. 1112727 4139
Tract 13436, Areas D-1 and D-2
Dear Mr. MacFarland;
Taylor Woodrow
Homes, Inc.
24461 Ridge Route Onve
Laguna HMIs, CA 92653-1686
Telephone 949 581-2626
Facsimile 949 581-2727
Attached please find a Decrease Rider for the referenced bond in the amount of $250,000
as agreed upon. Please sign and notarize both originals and retain the one indicated for
your records. The other original should be returned to my attention to forward to our
surety company.
We appreciate your prompt attention to this matter and look forward to working with you
in the coming year to release the other improvement bonds pertaining to this project.
Should you have any questions, please contact me at 949-206-2211.
Kind Regards,
Ginny Kerr
Taylor Woodrow Homes, Inc.
Cc: Bob Liewer
Tom Hensley
RIDER TO DECREASE BOND AMOUNT
This Rider is to be attached to and form mart of
Bond Number 111127274139
on behalf of TAYLOR WOODROW HOMES
in favor of CITY OF SAN JUAN CAPISTRANO and
effective FEBRUARY 9 , 19 95
IT IS HEREBY UNDERSTOOD AND AGREED, That,
The penal sum of this bond is decreased from SEVEN pMILLION, FOUR
HUNDRED TWENTY NINE THOUSAND, ONE HUNDRED & 64/Dollars ($7,429,100.64)
to TWO HUNDRED FIFTY THOUSAND AND NOI100THS
Dollars ($ 250,000.00) effective the 22nd day of DECEMBER , 19 98
PROVIDED, HOWEVER, that all other terms and conditions of the attached bond
are to remain unchanged.
Signed, Sealed and Dated this 22nd day of DECEMBER 19 98
TAYLOR WOODROW HOMES
Principal
By
THE AMERICAN INSURANCE COMPANY
Surety
BY iall�
SWAN LEE, ATTORNEY-IN-FACT
ACC
Obligee
BY
I rA r `
J Title
0 0
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On December 23. 1998, before me, Michele R. Leondis, personally appeared A. Michael
Wentink , personally known to me ( ) to
be the person(s) whose name(s) is/afe subscribed to the within instrument and
acknowledged to me that he/sheA4" executed the same in his/#aer/#k & authorized
capacity(ies) and that by his/hef/theif 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.
FMICHRE R. 4 M01S
yM.i 1O""O N,
— CoMtallo
MY CUNTY
0M EExWraeCJ .1990
�lotary u li in�a4foi-�aid County
�� and State
0 0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Francisco
On December 22, 1998 before me, Janet C. Rojo, Notary Public
personally appeared ***********"Swan Lee**************
x❑personally known to me - OR -
❑ proved to me on the basis of satisfactory
evidence to be the person whose name is
subscribed to the within instrument and
acknowledged to me that he executed the
same in his authorized capacity, and that
by his signature on the instrument the
person, or the entity upon behalf of which
the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature of otary
A 5r.1 !!till C. ROJO0
,
COMM
/+p'^sr'Ma—�rq'az"'v�c�'
cz^'tar•tr's>"V"'4
❑ proved to me on the basis of satisfactory
evidence to be the person whose name is
subscribed to the within instrument and
acknowledged to me that he executed the
same in his authorized capacity, and that
by his signature on the instrument the
person, or the entity upon behalf of which
the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature of otary
VREMAN•S FUND INSURANCE COMPA+
NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION
THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NA71ONAL SURETY CORPORATION,
as Illinois corporation, THE AMERICAN INSURANCE COMPANY, a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY
CORPORATION, a California corporatio and AMERICAN AUTOMOBILE INSURANCE COMPANY a Missouri Corp" an, ((Aercin collectively oiled 'the
Compauies') does each hereby appoint TERRY J. MOUGHAN, JACK M. WOODRUFF, DONNA M. GRURICH,
CYNTHIA L. LEWIS, SCOTT R. WHITESIDE, SUSAN GANNIJSCIO, THOMAS J, GALLAGHER,
JANET C. ROJO, JOYCE LEE KINNEY, SWAN LEE, SAN FRANCISCO CA
their true and lawful Attorneys}in-Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal, acknowledge and deliver any and all
bonds, undertakings, recognianar or other written obligations in the nature thereof. ----------------^------------------
and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seals of the Companies and duly
attested by the Companies' Secretary, hereby ratifying and canEsming all that the said Abomey(s)-in-Fact may do in the premises
This power or attorney is granted under and by the authority of Article VII of the By-laws of FIREMAN'S FUND INSURANCE COMPANY, NATIONAL SURETY
CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE
COMPANY which provisions are now in full fora and effect.
Thispower of anomey is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of FIREMAN'S FUND INSURANCE
COMPANY, NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN
AUTOMOBILE INSURANCE COMPANY u a mating duly called and held, or by written consent, on the 191h day of March, 1995, and said Resolution has not been
amended or repealed
-RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of the Companies, and the seal of the
Companies may be axed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate misting thereto, by
facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall
be valid and binding upon the Companies"
IN WITNESS HEREOF,'her have caused th a to be signed by their Vice -President, and their corporate seals to be hereunto affixed
this r0 day of 7ttbeSF9�l$"°
er
user �pAMs e E sarin ,r•'�" FIREMAN'S FUND INSURANCE COMPANY
ry�,qaa�" vvs r r Vis',•+ 'S �e ss,,.•"•'•%ti J�ty�= ;4°�t� NATIONAL SURETY CORPORATION
if Po e • ^ • . a `�j'—•_'-:t^ i THEAMERICAN INSURANCE COMPANY
1518 twL:gg ASSOCIATEDINDEMNITY CORPORATION
C`+ AMERICAN AUTOMOBILE INSURANCE COMPANY
q �Nea NJ ��h'e't'•to'1' 'r!toan!Re+"
.n•
By
STATE OF CALIFORNIAl
J} ss,COUNTY OF MARIN
On this 30 day of September 1998 , before me personally came M. A. Malionee to me known, who, being by rte
duly sworn, did depose and say: that he is a la -President o[ each company, described in and which executed the above instrument; that he knows the seals of the said
Companies; that the seats affixed to the said instrument are such company seals; that they were so affixed by order of the Board of Directors of said companies and that he
signed his name thereto by like order.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seat, the day and year herein fust above written.
L OCAMP
t Commission N 1163726
NoloryPubfic- Colfftmta
Marin County
W Ccrtun. Expi es Nov28, 2001 rrooq wane
CERTIFICATE
STATE OF CALIFORNIA l
J}
COUNTY OF MARIN ss.
I, the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full fora
and has not been cooked; and furthermore that Article VII of the By-laws of each company, and the Resolution of the Board of Direaon; set forth in the Power of Attorney,
am now in force.
Signed and sealed at the County of Mario. Dated the 22nd day of DECEMBER 1998.
•'•luyr` `«�aEAN'a 'Gti `'aa•^4 r'�4 Otnt~•u
YIriDN
jai 1 C A L:91
[
p `f'o'es eo``st J4�,AC[•<eJe"t r!raun+°. aesdmrwomam s.Qrr.,y
360789-11-98
0 4
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 Taylor Woodrow Homes California
Limited, a California Corporation, referred to as "Developer".
WITNESSETH
WHEREAS, City will issue Grading Permit No. 33372 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
Tracts 13866 and 13437, commonly referred to as Lomas San Juan Areas D-1 and D-2.
WHEREAS, San Juan Capistrano Municipal Code Section 8-3.05 requires the posting of
financial security to secure the faithful performance and labor and materials for the grading and
installation of improvements connected with issuance of grading permits.
WHEREAS, San Juan Capistrano Municipal Code Section 8-3.06 authorizes the Building
Official to require additional bonding as security to ensure against adverse aesthetic impacts arising
from incomplete grading and/or improvements from development projects which have not been
completed.
WHEREAS, the Building Official finds that the proposed project site is highly prominent and
visible to the community, has unique topographic features or involves substantial grading of slope
areas.
NOW, THEREFORE, in consideration of the premises and promises hereinafter contained,
City and Developer agree as follows:
1. Developer's Improvements Obligations. Developer shall, at its sole cost and expense,
provide and furnish all labor, materials and equipment for the installation of improvements set forth
in Exhibit "A'. The grading permit and plans, which further defines the improvements in Exhibit "A",
are on file in the office of the City's Building Official, and all documents referenced in Exhibit "A" are
incorporated herein by reference.
2. Developers Security. Developer shall provide a bond by a duly authorized corporate
surety, subject to the approval of the City's City Attorney, to secure Developer's improvement
obligations required under this agreement.
The amount of the bond shall be $7,429,100.64 for that work described in Exhibit "A". This
security of $7,429,100.64 shall also serve as security for restoratggf /siifte, CPMpy of the surety
instrument, as approved by the City Attorney, is attached as i0 A M z 9
City Clerk
City of Sa
9 0
Surety Agreement page 2
Taylor Woodrow Homes California Limited
Lomas San Juan Areas D-1 and D-2
3. Completion of Improvements. To ensure the protection of the public safety, health
and welfare, Developer shall construct the improvements described in Exhibit "A" in accordance with
the schedule as set forth in Exhibit "B", and the conditions as set forth in Exhibit "C".
4. Developer Default. In the event Developer does not complete the required
improvements, including erosion -control measures within the time required, or abandons the project
site, or suspends work for more than twenty working days other than previously prescribed, City shall
have the right to immediately declare a default and to make demand on the surety for performance.
5. Restoration of Site. San Juan Capistrano Municipal Code Section 8-3.06 allows the
City to require bonding as security to ensure against adverse aesthetic impacts arising from
uncompleted grading and/or improvements. The purpose of this bonding shall be to restore the
property to its original condition if the Developer defaults. This restoration shall include:
A. Dismantle and/or demolish improvements;
B. Grade property to its original contours as shown on the grading plan referred
to in Exhibit "A';
C. Remove all debris and construction materials from the site; and
D. Install erosion control, including hydroseeding, to the satisfaction of the
Building Official.
6. Attorney, 'sem. 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. Li ili . 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.
0 9
Surety Agreement Page 3
Taylor Woodrow Homes California Limited
Lomas San Juan Areas D-1 and D-2
In witness whereof, the parties have executed this agreement as of
y 1995 at San Juan Capistrano, California.
Developer:
Taylor Woodrow Homes California Limited
By. KVdCjkpg
,W&MJWX A. Michael Wentink
V.P. Finance
of San Juan
M
By:' Daniel W. McFarland
Building Official
Approved as to Form: LL)
By. Richard X. Denhalter
City Attorney
0 0
Surety Agreement Page 4
Taylor Woodrow Homes California Limited
Lomas San Juan Areas D-1 and D-2
EXHIBIT "A"
Lomas San Juan Areas D-1 and D-2
ITEM 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in
accordance with Grading Permit No. 33372 and the Developer's plans and supporting
documents as listed below:
(A) Grading Plan for Lomas San Juan; AreasD-1 and D-2, dated 3/31/98,
prepared by Hunsaker & Associates, Irvine, Inc., Neil D. Morrison, RCE No.
28545.
(B) Geotechnical Report for Lomas San Juan, Areas C-1, dated 1(31/97, prepared
by Leighton & Associates, Inc., Don Teases, CEG No. 1362.
ITEM 2: Construction of all on-site improvements in accordance with Grading Permit
No. 33372 and Developer's grading plans referenced in Item 1 above, including, but
not limited to: driveways, parking areas, retaining walls, terrace drains, down drains,
subdrains, area drainage systems, and private storm drain systems not a part of
Developer's Improvement Plans filed with the City Engineer.
ITEM 3: Construction and placement of landscaping and irrigation in accordance with
approved plans for Lomas San Juan Areas D-1 and D-2 as included in the above
plans.
Surety Agreement
Taylor Woodrow Homes California Limited
Lomas San Juan Areas D-1 and D-2
EXHIBIT "B"
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Completion Date
Within 15 months of permit issuance
With 24 months of permit issuance
Task
Rough Grade Certification
Landscape Irrigation
With 24 months of permit issuance Landscape Planting
Page 5
0 0
Surety Agreement Page 6
Taylor Woodrow Homes California Limited
Lomas San Juan Areas D-1 and D-2
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. 33372.
B. Grading operations shall commence within fourteen (14) calendar days after issuance of
Grading Permit No. 33372.
Winter grading will be conducted in strict accordance with the dynamic erosion -control plan
submitted by the Developer, and approved by the City. This erosion -control plan reflects
erosion mitigation measures for expected grading conditions as the work progresses through
the winter season and shall not be amended except with the permission of the City.
In the event Developer does not wish to implement winter grading, or permission for winter
grading is rescinded, static erosion -control plans reflecting current conditions of grading shall
be submitted within ten (10) days of cessation of work. These plans shall include erosion -
control planting as required by the City.
C. 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. Except as specified in "G" below, suspension in excess of twenty (20) working days of work
authorized by Grading Permit No. 33372, including erosion -control measures and landscaping
and irrigation, shall constitute default of this agreement.
E. The supervising civil engineer and soils engineer shall file biweekly progress reports of all
grading operations with the Building Official. An interim compaction report, for that work
completed at the time work is suspended for the rainy season (see "G" below), shall be filed
with the Building Official. This interim report shall conform to the grading code requirements
for final compaction reports.
F. 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.
0 0
Surety Agreement Page 7
Taylor Woodrow Homes California Limited
Lomas San Juan Areas D-1 and D-2
G. Grading operations suspended during the rainy season shall be resumed no later than 15 days
from date of suspension.
H. Developer shall provide approved on-site archaeological monitor during all phases of grading
and foundation excavation and submit a final archaeological report to the City upon
completion of the grading..
I. Developer shall provide approved Native American monitor during all phases of grading and
foundation excavation and submit a final Native American report to the City upon completion
of the grading.
Developer shall provide approved Paleontologist to monitor all phases of grading and
foundation excavation and submit a final Paleontological report to the City upon completion
of the grading.
K. The grading for this project shall be in substantial conformance to the grading concepts of
Vesting Tentative Tract Map Nos. 13436 and 13437 as approved by City Council Resolution
No. 89-6-6-4 and 89-6-6-5, and in strict conformance with the grading plans and related
documents as described in Exhibit "A" and Grading Permit No. 33372.
L. Installation of final erosion -control landscaping and irrigation, as required by City Council
Resolution No. 89-6-6-4 and 89-6-6-5, Conditions of Approval, shall be commenced within
seven (7) calendar days after Rough Grade Certification has been approved by the Building
Official, or at any time at the discretion of the Director of the Department of Planning.
Street trees and erosion -control landscaping shall be installed in accordance with City Council
Resolution No. 89-6-6-4, Item No. 6(2) and 89-6-6-5, Item No. 6 (b).
M. Installation of interim erosion -control devices and systems shall commence within seven (7)
days after rough grade certification has been approved by the Building Official and must be
completed within fifteen (15) days of rough grade certification. Final erosion -control
landscaping and irrigation systems shall be installed prior to final inspection of the grading
permit.
N. All work shall be performed in strict observation of the Hours of Operation in accordance
with San Juan Capistrano Municipal Code Section 8-107.
Surety Agreement Page 8
Taylor Woodrow Homes California Limited
Lomas San Juan Areas D-1 and D72
O. Contractor shall adhere to conditions of haul route permit and encroachment permit issued
by the City Engineer.
P. Parking for construction crew is to be on-site.