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.
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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
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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)
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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.
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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
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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
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Financial Size Category: VI ($25 million to $50 million)
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