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03-0930_KREISS, ROBERT & PATRICIA_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 Robert Kreiss and Patricia Kreiss, an Owner/Builder referred to as "Developer". WITNESSETH WHEREAS, City will issue Grading Permit No. 47268 to Developer to construct certain designated improvements, more particularly described in Exhibit "A" attached and incorporated herein by reference, which said improvements constitute a portion of that real property at the location of Tract 9784 Lot 93, commonly referred to as 33731 Brandon Lane. WHEREAS, San Juan Capistrano Municipal Codes Section 8-2.08 requires the posting of financial security to secure the faithful performance and labor and materials forthe grading and installation of improvements connected with issuance of grading permits including the construction of drainage and protection devices and any other corrective work to remove and eliminate engineering and geological hazards. WHEREAS, San Juan Capistrano Municipal Code Section 8-2.09 authorizes the Building Official to require additional bonding as security to ensure against adverse aesthetic impacts arising from incomplete grading and/or improvements from development projects which have not been completed. WHEREAS, the Building Official finds thatthe proposed project site is highly prominent and visible to the community, has unique topographic features or involves substantial grading of slope areas. NOW, THEREFORE, in consideration of the premises and promises hereinafter contained, City and Developer agree as follows: 1. Developer's Improvements Obligations. Developer shall, at its sole cost and expense, provide and furnish all labor, materials and equipment for the installation of improvements set forth in Exhibit "N'. 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 Perfomance Bond # 190557 with American Contractors Indemnity Company 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 $ 9,235.00 for that work described in Exhibit "A". This security of $9,235.00 shall also serve as security for restoration of the site. A copy of the surety instrument, as approved by the City Attorney, is attached as Exhibit "D". 3. Completion of Improvements. To ensure the protection of the public safety, health and welfare, Developershall 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 compliancewith Orange County National Pollutant Discharge Elimination System (NPDES) Storm Water Implementation Agreement and San Juan Capistrano Municipal Code Section 8-14, or abandons the project site, or suspends work for more than twentyworking days other than previously prescribed, City shall have the right to immediately declare a default and to make demand on the surety for performance. Restoration of Site. San Juan Capistrano Municipal Code Section 8-2.09 allows the City to require bonding as security to ensure against adverse aesthetic impacts arising from uncompleted grading, drainage and/or improvements which includes illicit non - storm drain water discharge. The purpose of this bonding shall be to restore the property to its original condition if the Developer defaults. This restoration shall include but not be limited to the following: A. Dismantle and/or demolish improvements; B. Grade property to its original contours as shown on the grading plan referred to in Exhibit "A"; C. Remove all debris and construction materials from the site; and D. Install erosion and silt control devices, including hydroseeding, to insure a uniform vegetative cover, or equivalent stabilization measures which 0 0 include the use of such Best Management Practices as blankets, fiber matrices, catch basin filters, orothererosion resistant soil coverings or treatments to satisfaction of the Director of Engineering and Building. 6. Attomey'sFees. Developer agrees to pay City such sum as the courtmayjudge as reasonable for the legal services of an attorney representing the City in an action brought to enforce or interpret the obligations of this agreement, and such sum shall be made apart of anyjudgment in such action against Developer if such action is determined in favor of said City. 7. Developer's Work in Safe Condition. Developer shall perform all work in a safe workmanlike manner and shall take such precautions as may be necessary to warn and protect the public from any dangerous condition caused by the construction of said improvements. 8. Liability. Developer shall hold City, its officers, and employees harmless from any and all claims, demands, causes of action, liability or loss of any sort because of, or arising out of, the acts or omissions of Developer, his contractor, subcontractors, agents or employees in the performance of this agreement. In witness whereof, the parties have executed this agreement as of iA2 , 20 03 at San Juan Capistrano, California. Develop City of San Juan Capistrano Ze "'!� b— By: Paul Do glas By: Daniel W. dFarland Agent for Owner/Builder Building Official Approved as4tom: By: John Shaw City Attorney EXHIBIT "A" Tract 9784 Lot 93 33731 Brandon Lane Item 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in accordance with Grading Permit No. 47268 and the Developer's plans and supporting documents as listed below: (A) Grading Plan for33731 Brandon Lane, dated September 2, 2003, prepared by Toal Engineering, Inc., Raymond R. Toal, RCE No. 16889. (B) Geotechnical Report for 33731 Brandon Lane, dated March 18, 2003, prepared by Bagahi Engineering, Inc., Dennis Hannan CEG No. 953. Item 2: Construction of all on-site improvements in accordance with Grading Permit No. 47268 and Developer's grading plans referenced in Item 1 above, including, but not limited to: driveways, parking areas, retaining walls, erosion and silt control, terrace drains, down drains, sub -drains, area drainage systems, and private storm drain systems not a part of Developer's Improvement Plans filed with the City Engineer. 0 EXHIBIT "B" SCHEDULE FOR COMPLETION OF IMPROVEMENTS Completion Date January 2004 March 2004 Task Rough Grade Certification Landscape Irrigation (Interim) March 2004 Landscape Planting (Interim) 0 0 EXHIBIT "C" CONDITIONS FOR COMPLETION OF IMPROVEMENTS A. The grading forthis project shall be in strict conformance with the grading plans and related documents as described in Exhibit "A" and Grading Permit No. 47268. B. Grading operations shall commence within fourteen (14) calendar days after issuance of Grading Permit No. 47268. Winter grading will be conducted in strict accordance with the dynamic erosion and silt control plan submitted bythe Developer, and approved bythe 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 notwish to implement winter grading, or permission for winter grading is rescinded, static erosion and silt control plans reflecting current conditions of grading shall be submitted within ten (10) days of cessation of work. These plans shall: 1. Identify all pollutant sources including sources of sediment that may affect the quality of storm water discharges associated with the construction activity. 2. Include the erosion and sediment control planting and hydroseeding to insure a uniform vegetative cover or equivalent stabilization measureswhich 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. 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 atthe timework is suspended forthe rainyseason, shall be filed with the Building Official. This interim report shall conform to the grading code requirements for final compaction reports. D. Contractor shall control dust to the satisfaction of the Building Official or his deputy. During grading, Contractor shall keep water truck on site and dampen work area, grounds, and loaded trucks. 9 0 E. Grading operations suspended during the rainy season shall be resumed no laterthan 15 days from date of suspension termination. F. Installation of interim erosion and sediment control devices and systems shall commence within seven (7) days after rough grade certification has been approved by the Building Official and must be completed within fifteen (15) days of rough grade certification. Final erosion and sediment control devices, planting, landscaping and irrigation systems shall be installed prior to final inspection of the grading permit. G. All work shall be performed in strict observation of the Hours of Operation in accordance with San Juan Capistrano Municipal Code Section 8-1.03. H. Contractor shall adhere to conditions of haul route permit and encroachment permit issued by the City Engineer. Parking for construction crew is to be on-site. 0 Germy deVries City of San Juan Capistrano Grading and Building Departments 32400 Paseo Adelanto San Juan Capistrano, Ca. 92675 RE: 33731 Brandon Lane, San Juan Capistrano. Kreiss residence. 0 September 29, 2003 Dear Genny, Please let this letter serve as authorization to allow Paul Douglas to sign all necessary documents on our behalf relative to the grading and building of our home at the referenced site. Sincerely, ,4obert ss Patty Kr• s 0 0 MEMORANDUM October 18, 2006 TO: Meg Monahan, City Clerk FROM: Nasser Abbaszadeh, Building and Engineering Director N . SUBJECT: Grading Bond Release —Kreiss Residence — 33731 Brandon Lane This memorandum is authorization to release the grading bond posted for 33731 Brandon Lane, Lot 93 of Tract 9784. The grading and on-site improvements that were secured by the bond have been completed to the satisfaction of the City. A Performance Bond posted with American Contractors Indemnity Company, Bond Number 190557, was posted in the amount of $9,235.00 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 Owner Contact information: Robert & Patricia Kreiss 30912 Calle Barbara Laguna Niguel, CA 92677 r • • 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 Robert Kreiss and Patricia Kreiss, an Owner/Builder referred to as "Developer". WITNESSETH COPY WHEREAS, City will issue Grading Permit No. 47268 to Developer to construct certain designated improvements, more particularly described in Exhibit "A" attached and incorporated herein by reference, which said improvements constitute a portion of that real property at the location of Tract 9784 Lot 93, commonly referred to as 33731 Brandon Lane. WHEREAS, San Juan Capistrano Municipal Codes Section 8-2.08 requires the posting of financial security to secure the faithful performance and labor and materials forthe grading and installation of improvements connected with issuance of grading permits including the construction of drainage and protection devices and any other corrective work to remove and eliminate engineering and geological hazards. WHEREAS, San Juan Capistrano Municipal Code Section 8-2.09 authorizes the Building Official to require additional bonding as securityto ensure against adverse aesthetic impacts arising from incomplete grading and/or improvements from development projects which have not been completed. WHEREAS, the Building Official finds thatthe proposed project site is highly prominent and visible to the community, has unique topographic features or involves substantial grading of slope areas. NOW, THEREFORE, in consideration of the premises and promises hereinafter contained, City and Developer agree as follows: 1. Developer's Improvements Obligations. Developer shall, at its sole cost and expense, provide and furnish all labor, materials and equipment for the installation of improvements set forth in Exhibit"A". Thegrading permitand 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. Cl 0 Developer's Security. Developer shall provide a Perfomance Bond # 190557 with American Contractors Indemnity Company 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 $ 9,235.00 for that work described in Exhibit "A". This security of $9,235.00 shall also serve as security for restoration of the site. A copy of the surety instrument, as approved by the City Attorney, is attached as Exhibit "D". 3. Completion of Improvements. To ensure the protection of the public safety, health and welfare, Developer shall construct the improvements described in Exhibit "A" in accordance with the schedule as set forth in Exhibit "B", and the conditions as set forth in Exhibit "C". PO If 4. Developer Default. In the event Developer does not compleCeTr3gwred 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 compliancewith Orange County National Pollutant Discharge Elimination System (NPDES) Storm Water Implementation Agreementand San Juan Capistrano Municipal Code Section 8-14, or abandons the project site, or suspends work for more than twentyworking days other than previously prescribed, City shall have the right to immediately declare a default and to make demand on the surety for performance. 5. Restoration of Site. San Juan Capistrano Municipal Code Section 8-2.09 allows the City to require bonding as security to ensure against adverse aesthetic impacts arising from uncompleted grading, drainage and/or improvements which includes illicit non - storm drain water discharge. The purpose of this bonding shall be to restore the property to its original condition if the Developer defauIts. 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 0 n L� include the use of such Best Management Practices as blankets, fiber matrices, catch basin filters, orother erosion resistant soil coverings or treatments to satisfaction of the Director of Engineering and Building. 6. Attorney's Fees. Developer agrees to pay City such sum as the court may judge as reasonable for the legal services of an attorney representing the City in an action brought to enforce or interpret the obligations of this agreement, and such sum shall be made apart ofanyjudgment 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 constryctiory,Qf said Y improvements. C U D 8. Liabilit . 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. rr----In witness whereof, the parties have executed this agreement as of 20 a --Sat San Juan Capistrano, California. Develop City of San Juan Capistrano By: Paul Do glas By: Daniel W. M Farland Agent for Owner/Builder Building Official Approved as to F m: By: John haw City Attorney 0 EXHIBIT "A" Tract 9784 Lot 93 33731 Brandon Lane 0 Item 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in accordance with Grading Permit No. 47268 and the Developer's plans and supporting documents as listed below: COPY (A) Grading Plan for33731 Brandon Lane, dated September 2, 2003, prepared by Toal Engineering, Inc., Raymond R. Toal, RCE No. 16889. (B) Geotechnical Report for 33731 Brandon Lane, dated March 18, 2003, prepared by Bagahi Engineering, Inc., Dennis Hannan CEG No. 953. Item 2: Construction of all on-site improvements in accordance with Grading Permit No. 47268 and Developer's grading plans referenced in Item 1 above, including, but not limited to: driveways, parking areas, retaining walls, erosion and silt control, terrace drains, down drains, sub -drains, area drainage systems, and private storm drain systems not a part of Developer's Improvement Plans filed with the City Engineer. 0 EXHIBIT "B" 0 SCHEDULE FOR COMPLETION OF IMPROVEMENTS Completion Date Task January 2004 Rough Grade Certification March 2004 Landscape Irrigation (Interim) March 2004 Landscape Planting (Interim) 0 0 EXHIBIT "C" CONDITIONS FOR COMPLETION OF IMPROVEMENTS A. The grading forthis project shall be in strict conformance with the grading plans and related documents as described in Exhibit "A" and Grading Permit No. 47268. B. Grading operations shall commence within fourteen (14)calenda�Agys erce of Grading Permit No. 47268. COPY Winter grading will be conducted in strict accordance with the dynamic erosion and silt control plan submitted by the Developer, and approved bythe City. This erosion and silt control plan reflects erosion and silt mitigation measures for expected grading conditions as the work progresses through the winter season and shall not be amended except with the permission of the City. In the event Developerdoes notwish to implement winter grading, or permission for winter grading is rescinded, static erosion and silt control plans reflecting current conditions of grading shall be submitted within ten (10) days of cessation of work. These plans shall: 1. Identify all pollutant sources including sources of sediment that may affect the quality of storm water discharges associated with the construction activity. 2. Include the erosion and sediment control planting and hydroseedingto 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. The supervising civil engineer and soils engineer shall file biweekly progress reports of all grading operations with the Building Official. An interim compaction report, for thatwork completed at the time work is suspended forthe rainy season, shall be filed with the Building Official. This interim report shall conform to the grading code requirements for final compaction reports. D. Contractor shall control dust to the satisfaction of the Building Official or his deputy. During grading, Contractor shall keep water truck on site and dampen work area, grounds, and loaded trucks. 0 0 E. Grading operations suspended during the rainy season shall be resumed no laterthan 15 days from date of suspension termination. F. Installation of interim erosion and sediment control devices and systems shall commence within seven (7) days after rough grade certification has been approved by the Building Official and must be completed within fifteen (15) days of rough grade certification. Final erosion and sediment control devices, planting, landscaping and irrigation systems shall be installed prior to final inspection of the grading permit. G. All work shall be performed in strict observation of the Hours of Operation in accordance with San Juan Capistrano Municipal Code Section 8-1.03. H. Contractor shall adhere to conditions of haul route permit and encroachment permit issued by the City Engineer. Parking for construction crew is to be on-site. COPY 0 Genny deVries City of San Juan Capistrano Grading and Building Departments 32400 Paseo Adelanto San Juan Capistrano, Ca. 92675 RE: 33731 Brandon Lane, San Juan Capistrano. Kreiss residence. 0 September 29, 2003 Co06°�l7 Dear Genny, Please let this letter serve as authorization to allow Paul Douglas to sign all necessary documents on our behalf relative to the grading and building of our home at the referenced site. Sincerely, Obert ' 'ss Patty Kr• s 0 . egRFORMANCE BONG BOND NO. 190557 PRIMUM $462.001YR. KNOW ALL MEN BY THESE PRESENTS, that ROBERT I. KREISS AND PATRICIA J. KREISS a6 Principal (hareinafter called `Contractor'), and AMERICAN CONTRACTORS INDEMNITY COMPANY as Surety (hereinafter called 'Surety"), are held and firmly bound unto the City of San Juan Capistrano, as obliges (hereinafter called 'City"), in the amount of NINE THOUSAND TWO HUNDRED THIRTY FIVE & NO/100 —Dollars (; for payment whereof Contactor and Surety bind themselves, their heirs, executors. administrators. Successors and assigns, Jointly and severally, fairly by these presents. WHEREAS. Contractor has, bywritten agreement dated — Opy entered Into a (describe agreement): OFF—SITE GRADING IMPROVEMENTS 33731 BRANDON LANE, SAN JUAN CAPISTRANO, CALIFORNIA which contract Is, by reference, made a part hereof. NOW, THEREFORE, the condition of this Obligation is such that, if Contractor shalt promptly and faithfully perform said agreement, then this obligation shall be null and void: otherwise it shell remain In full force and effect. Surety waives whatever legal right It may have to require that a demand be made first against the Contractor in the event of default. BE IT FURTHER RESOLVED, that: 7. 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. 0 0 Said Surety, forvalue received, hereby stipulates and agrees that no change, extension of time, alteration, or modificatlon of the contract documents, or of the work to be performed thereunder, shall in any way effect Its obligations or this bond, and It does herebywaive notice of any such change, extension of Ume, alteration or modification of the contract documents or of work to be performed thereunder. Executedthis 23RD dayof SEPTEMBER 2003 ,at PLEASANTON CalifOmia. SEEATTACHED CERTIFICATE APPROVED AS TO FORM: By JohnR. Sh w, Attomey .�'1�iyPAef 4VNN>��PePILT�O/�O� W f A''MGd PRINCIPAL ROBERT LAND PATRICIA J KREISS NOT ZATIONAND SEAL) O py( SURELY AMERICAN CONTRACTORS INDEMNITY COMPANY (NOWIZATION AND SEAL) DEBBIE EVANS, ATTORNEY—IN—FACT -2- 05010100 �J CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 1 — Date personally appeared - orange 49X 1 fefore me, - DINA S. STEPHENS Commission rt 1262654 z Z wi Notary Public—California Orange County My Comm. Expires Mayo, 2004 F- L-A � ss. C 1\ // r Dina S. Stephens "Notary Public" A Name an0 Title of g15Q (e., 'Jane Doe. Notary RUA 1 .[2 personally known to me Lr%proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)�Vare subscribed to the within instrument and acknowledged to me that Ns /they executed the same in ' ii5;1Vr/heir authorized capacity(ies), and at by 11i Mhr/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. my OPTIONAL 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. Document Title or Type of Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s):_ ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Number of Pages: 01999 Nallonal Notary Assts tnn • 9350 De Soto Ave.. PO Sex 2402 • Caae,w M, CA 91313-2002 • w nahoro r, o, P, . No. 507 R. , Call Tel -Free 1-BSPB]6i02J Americlp Contractors Indemnity C019pany 9841 Airport Blvd., 9th Floor, Los Angeles, California 90045 13-1710 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California, a California corporation does 1e of nM Debbie Evans or Sophen La \\"% IIJI r Il7l Its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an Amount not to exceed S ***$1,500,000 00 Dollars*** . This Power of Attorney shall expire without further action on September 27, 2005. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6th day of December, 1990. "RESOLVED that the Chief Executive Officer, President or any Vice President, Executive rice President, Secretary or Assistant Secretary, shall have the power and authority To appoint Attorney(s)-in-Fact and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereofand, 2. To remove, at any time, any such Attorney-in-fact and revoke the authority given. RESOLVED FURTHER, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its President on the 1 st day of September, 2000. AMERICAN CONTRACTORS INDEMNITY COMPANY AKAQOMTM SEPL 26, 1990 o^ By: � 7CA[69RtlJ�) Andy T. Faust, Jr., Corporate President STATE OF CALIFORNIA § COUNTY OF LOS ANGELES § On this 1 st day of September, 2000 before me, Norma J. Virgilio, a notary public, personally appeared Andy T. Faust, Jr., Corporate President of American Contractors Indemnity Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office. NORIA J, VIRGILIO WITNESS my hand and official seal Commiuion# i=3to iNotary Public - CaliforniaLos Angelm County Norma J. Virgilio, Nota eMyCwmF ilaaSoo27,2W6 I, JAMES H. FERGUSON, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS HEREOF, I have hereunto set my hand this 23RD day of SEPTEMBER 1200 3 . Bond No. 190557 4_ 3 #9005 � Agency No. JAMES H. FERGUSONWCorporate Secretary rev. POA04/20/01 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ALAMEDA On SEPTEMBER 23, 2003 before me, ZULMA NAVARRO NOTARY PUBLIC DATE NAME, TITLE OF OFFICER- E.G.., ")ANE DOE, NOTARY PUBLIC" personally appeared, DEBBIE EVANS personally known to me to be the person(k) whose name(K) is/xtsubscribed to the within instrument and acknowledged to me thatim/she/lb*executed the same inAfther/thaixauthorized capacitycugi , and that by M/her/MMsignature(K) on the instrument the person(99, or the entity upon behalf of which the person(X) acted, executed the instrument. WITNESS my hand and official seal. r ZULMA NAVARROg # 1407710 (� r NOTARYNPUK8UC-CAUFORNIAD ALAMEDACOUNTY O COMM. BXP. MARCH 28, 2007' OPTIONAL INFORMATION THIS OPTIONAL INFORMA CION SECTION IS NOT REQUIRED BYLAW BUT MAY BE BENEFICIAL TO PERSONS RELYING ON THIS NOTARIZED DOCUMENT TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE SIGNER'SNAME DEBBIE EVANS RIGHT THUMBPRINT NUMBER OF PAGES SIGNER'S NAME----------NONE----------- RIGHT THUMBPI NT 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 PAx www.sanjuancapistrano.org October 23, 2006 American Contractors Indemnity Company 9841 Airport Boulevard, 90 Floor Los Angeles, CA 90045 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN Re: Release of Bond — Performance Bond No. 190557 — Robert I Kreiss & Patridlan J. Kreiss Dear Sir or Madam: Nasser Abbaszadeh, Engineering & Building Director, requested release of the aforementioned bond. According to this action, the following original bond is enclosed and officially released as of October 18, 2006. BOND NO. PURPOSE AMOUNT 190557 Performance Bond $9,235.00 The City of San Juan Capistrano hereby fully and forever releases and discharges American Contractors Indemnity Company from any and all liability under the abovementioned bond number. The original — released — document is enclosed. If you have any questions, please do not hesitate to call me at (949) 443-6308. Very truly yours, M Mona an, MMC ity Clerk closur as noted cc: (Letter copy only) Robert & Patricia Kreiss (30912 Calle Barbara, Laguna Niguel, CA 92677); Nasser Abbaszadeh, Engineering & Building Director San Juan Capistrano: Preserving the Past to Enhance the Future j Printed on 100% Recycled Paper BOND NO. 190557 PREMIUM $462.00/711. KNOW ALL MEN BY THESE PRESENTS, that ROBERT I. KREISS AND PATRICIA J. KREISS as Principal (hereinafter called "Contractor'), and AMERICAN CONTRACTORS INDEMNITY COMPANY as Surety (hereinafter called *Surety"). are held end firmly bound unto the City of San Juan Capistrano, as obligee (hereinafter called 'City"), in the amount of NINE THOUSAND TWO HUNDRED THIRTY FIVE & NO/100 Dollam(S**9,235.00* for payment whereof Contractor and Surety bind themselves, their heirs, executors. administrators, succesaats and assigns. Jointly and severally, fairly by these preeents. WHEREAS. Contractor has, by written agreement dated entered into a (describe agreement): OFF—SITE GRADING IMPROVEMENTS 33731 BRANDON LANE, SAN JUAN CAPISTRANO. CALIFORNIA which contract W, by reference, made a part hereof. NOW, THEREFORE, the condition of this obligation is such that, if Contractorshatl promptly and faithfully perform said agreement, then this obligation shall be null and void: otherwise it shall remain )n full force and effect, Surety waives whatever legal right it may have to require that a demand be made first against the Contractor in the event of default. 13E IT FURTHER RESOLVED, that: 1. As a part of the obligation secured hereby, and In addition to the face amount specified, there Shalt be included costs and reasonable expenses and fees, including reasonable attomey's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and Included in any judgment rendered. e vRynw uxm, w. r4,mo"o, a«� tl.,,yd RELEASED mow Sold Surety, forvalue received. hereby stipulates and agrees that no change, extension of time, akerelion, or modification of the contract documents, or of the work to be performed thereunder, shall in any way effect its obligations or this bond, and It does herebywaive notice of any such change, oxtenaion of time. alteration or modification of the contract documents or of work to be performed thereunder. Executed this 23RD day of SEPTEMBER 2003 , at PLEASANTON California. PRINCIPAL ROBERT L AND PATRICIA J. KREISS SEE ATTACHED CERTIFICATE OT ZATJON AND SEAL) APPROVED ASTO F RM; By. John R. Sh w, Attorney SUR AMMCAN COtTRACTORS INDEMNITY COMPANY' (N ZATION AND SEAL) DEBBIE EVANS, ATTORNEY-IN-FACT r?mms�wrt+ errom�ono�9«+A.wvd -2- 03naoo CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califomia County of 1 — Dme personally appeared _ Orange 0 _ mefore me, _ DINA S. STEPHENS Commission # 1262654 OMYComm. Notary Public—California s Orange County Expires May4, 2004 0 ss. Dina S. Stephens "Notary Public' Name and Title o101"(e.9.'Jane Doe, llotary Pim , - , personally known to me LJNproved to me on the basis of satisfactory evidence to be the person(s) whose name(s)"'llis(are subscribed to the within instrument and acknowledged to me that Tw/s /they executed the same in 'I 54wr/their authorized capacity(ies), and Vat by -Wfc(Ilbr/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. my o1 OPTIONAL h 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. Document Title or Type of Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s):_ ❑ Partner — ❑ Limned ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Number of Pages: 01999 National Notem' Aaaanatlon' MW De Soto Ave., P.O. Box 2102 • cinnamon, CA 91313-2902 • w» w.naborekwlary.ory Pmd No. 59r RewEe .. Cell Toll -Free 1E 876ti 27 FA AmeridS Contractors Indemnity C(Wany 9841 Airport Blvd., 9th Floor, Los Angeles, California 90045 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: 13-1710 That American Contractors Indemnity Company of the State of California, a California corporation does hereby appoint, Debbie Evans or Sophen La Its true and lawful Attomey(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business -and to bind the Company thereby, in an Amount not to exceed $ ***$1 -500-000.00 Dollars*** . This Power of Attorney shall expire without further action on September 27, 2005. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6th day of December, 1990. "RESOLVED that the Chief Executive Officer, President or any ice President, Executive rice President, Secretary or Assistant Secretary, shall have the power and authority To appoint Attorneys) -in -Fact and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove, at any time, any such Attorney -in fact and revoke the authority given. RESOLVED FURTHER, that the signatures of such officers and the seal of the Company may be affued to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its President on the 1 st day of September, 2000. AMERICAN CONTRACTORS INDEMNITY COMPANY SER26,1990 � o^ By: Andy T. Faust, Jr., Corporate President STATE OF CALIFORNIA COUNTY OF LOS ANGELES On this 1st day of September, 2000 before me, Norma J. Virgilio, a notary public, personally appeared Andy T. Faust, Jr., Corporate President of American Contractors Indemnity Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office. NORMA WITNESS m hand and official seal ornn"s J. # i322 1 Y commia.wnrts72sto i Nob" Public - Caftnila £ c Los Angoln County Norma J. Virgilio, Nota 6MyCWME I Sep27,2006 I, JAMES H. FERGUSON, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS HEREOF, I have hereunto set my hand this 23RD day of SEPTEMBER 1200 3 . Bond No. 190557 Agency No. #9005 JAMES H. FERGUSONWCorporate Secretary rev. POA04/20/01 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ALAMEDA On SEPTEMBER 23, 2003 before me, ZULMA NAVARRO, NOTARY PUBLIC DATE NAME, TITLE OF OFFICER- E.G.., "JANE DOE, NOTARY PUBLIC" personally appeared, DEBBIE EVANS personally known to me t to be the person(s) whose name(k) isWwsubscribed to the within instrument and acknowledged to me thattm/she/ffiYBfylcexecuted the same in2Ax/her/thaixauthorized capacity(l", and that by hU/her/ tsignature(k) on the instrument the person(p, or the entity upon behalf of which the person(i) acted, executed the instrument. WITNESS my hand and official seal. rZULMA NAVARRO COM0000MM. 7710 NOTARY PPU��IB'UC-CAUFORNIAALAMEDACOUNTY O EXP. MARCH 28, 2007 OPTIONAL INFORMATION I HIS OPTIONAL INFORMA TIONSECTION IS NOT REQUIRED BYLAW BUT MAY BE BENEFICIAL TO PERSONS RELYING ON THIS NOTAP 6ED DOCUMENT TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBEROFPAGES SIGNER(S) OTHER THAN NAMED ABOVE SIGNER'S NAME DEBBIE EVANS SIGNER'S NAME ---------- NONE ----------- IUGHT THUMBPRINT KIGHT THUMBPIUF7 Best's Rating Center - Company Information for American Contractor*demnity Compa... Page 1 of 2 Rating CenterI .`` Issuer Credit Ratings view Definitio Rating Methodology View Ratings: Financial Strength Issuer Credit Securities Advanced Search Other Web Centei Industry Research Outlook: Stable BestMark Ratings Deli ndions r American Contractors Indemnity Company for Action: Affirmed Date: June 09, 2006 Insurers Search Best§ Ratings!(a member of HQC_insurance Holdings) Assigned to companies that Press Releases A.M.Best #: 11019 NAIC #: 10216 FEIN #: 954290651 have, in our opinion an Related Products Address: 9841 Airport Boulevard, 9th Floor Phone: 310-649-0990 p excellent blig yo meet heir ongoing obligations to �� Los Angeles, CA 90045 Fax: 310-649-1061 policyholders. Industry & Regional Web: www.hccsurety.com Country Risk Best's Ratings How to Get Rated Contact an Analyst__ ._. l Financial Strength Ratings view Definitions Issuer Credit Ratings view Definitio Rating: A (Excellent) Long -Term: a Financial Size Category: VI ($25 million to $50 million) Outlook: Stable BestMark Outlook: Stable Action: Affirmed for Action: Affirmed Date: June 09, 2006 Insurers Effective Date: June 09, 2006 * Denotes Under Review Best's Ratings `s'„ L BEST Reports and News + Visit our News Room for the latest news and press releases for this company and its A.M. Best Grout Best's Co-moanv Report - includes Best's Financial Strength Rating and rationale along wit[ sq'^i analytical commentary, detailed business overview and key financial data. V _.? Report Revision Date: 07/21/2006 (represents the latest significant change). Historical Reports are available in Best's Company Report Archive. Best's Executive Summary Reports (Financial Overview) - available in three versions, th style reports feature balance sheet, income statement, key financial performance tests inclu( liquidity and reserve analysis. Data Status: 2006 Best's Statement File - P/C, US. Contains data compiled as of 10/2/2006 Checked). • Single Company - five years of financial data specifically on this company. • Comparison - side-by-side financial analysis of this company with a peer group of up to companies you select. • Composite - evaluate this company's financials against a peer group composite. Report average and total composite of your selected peer group. Note: Adobe Reader is required to view the reports listed above. This software is available fl Systems Inc. An Excel export option is also available once the report has been opened usinc Bea:tls Keytin Rag Guide Presentation Report - includes Best's Financial Strength Rating yas provided in Best's Key Rating Guide products. Data Status: 2005 Financial Data (Quality Cross Checked). Financial and Analytical Products Best's Property/Casualty Center - Premium Data & Reports Best's Kev Rating Guide - P/C US & Canada Best's Statement File - P/C US Best's Statement File - Global Best's Insurance Reports - P/C US & Canada http://www3.arnbest.com/Ratings/FullProfile.asp?amb=11019&URATINGID=1261627&... 10/23/2006