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1997-0918_SJD PARTNERS, LTD._Surety Agreementa 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 SJD Partners, Ltd. By: SJD Development Corp., its General Partners, a General Partnership, referred to as "Developer". WITNESSETH WHEREAS, City will issue Grading Permit No. 36901 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 Camino Las Ramblas and I-5 in South San Juan Capistrano, commonly referred to as Pacific Point, Tentative Tract No. 14196. 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 pemut 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. Developer's Security. Developer shall provide bonds issued 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 bonds shall be a total of $6,347,006.00 for that work described in Exhibit "A". This security of $6,347,006.00 shall also serve as security for restoration of the site. This security of $6,347,006.00 is made up of four (4) separate bonds as follows: Surety Agreement Pacific Point, TT #14196 Camino Las Ramblas & I-5 Bond No. 423568 S in the sum of $3,266,158.00 Bond No. 423569 S in the sum of $2,791,263.00 Bond No. 423570 S in the sum of $221,735.00 Bond No. 423571 S in the sum of $67,850.00 Page 2 A copy of the surety instruments, as approved by the City Attorney, are attached as Exhibit "D". 3. Completion of Improvements. To ensure the protection of the public safety, health and welfare, Developer shall construct the improvements described in Exhibit "A" in accordance with the schedule as set forth in Exhibit "B", and the conditions as set forth in Exhibit "C". 4. Developer Default. In the event Developer does not complete the required improvements, including erosion -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's Fees. Developer agrees to pay City such sum as the court may adjudge as reasonable for the legal services of an attorney representing the City in an action brought to enforce or interpret the obligations of this agreement, and such sum shall be made a part of any judgment in such action against Developer if such action is determined in favor of said City. 7. Developer's Work in Safe Condition. Developer shall perform all work in a safe workmanlike manner and shall take such precautions as may be necessary to warn and protect the public from any dangerous condition caused by the construction of said improvements. Surety Agreement Page 3 Pacific Point, TT #14196 Camino Las Ramblas & I-5 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. In witness whereof, the parties have executed this agreement as of A? 1997 at San Juan Capistrano, California. Developer SJD Partners, Ltd. By: SJD Development Corp., its neral P rtne� By Bruce Elieff President Approve as o Form: By: JoVh R. Shaw City Attorney Building Official Surety Agreement Page 4 Pacific Point, TT #14196 Camino Las Ramblas & I-5 EXHIBIT "A" Item 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in accordance with Grading Permit No.36901 and the Developer's plans and supporting documents as listed below: (A) Grading Plan for Pacific Point, dated 12/22{92, prepared by The Keith Companies, Eric C. Nielson, RCE No. 40995. (B) Geotechnical Report for Pacific Point, dated 12/23/92, prepared by Zeiser-Kling Consultants Inc., Henry F. Kling, No. 42395. Item 2: Construction of all on-site improvements in accordance with Grading Permit No. 36901 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 Pacific Point as included in the above plans. Surety Agreement Pacific Point, TT #14196 Camino Las Ramblas & I-5 Page 5 EXHIBIT "B" SCHEDULE FOR COMPLETION OF IMPROVEMENTS Completion Date September, 1998 November, 1998 December, 1998 Task Rough Grade Certification Landscape Irrigation (Per grading plans for erosion and silt control) Landscape Planting (Per grading plans for erosion and silt control) 0 0 Surety Agreement Pacific Point, TT #14196 Camino Las Ramblas & I-5 EXHIBIT "C" CONDITIONS FOR COMPLETION OF IMPROVEMENTS Page 6 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. 36901. B. Grading operations shall commence within fourteen (14) calendar days after issuance of Grading Permit No. 36901. 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. Except as specified in item "F" below, suspension in excess of twenty (20) working days of work authorized by Grading Permit No. 36901, including erosion -control measures and landscaping and irrigation, shall constitute default of this agreement. D. 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 item "F" below), shall be filed with the Building Official. This interim report shall conform to the grading code requirements for final compaction reports. E. Contractor shall control dust to the satisfaction of the Building Official or his deputy. During grading, Contractor shall keep water truck on site and dampen work area, grounds, and loaded trucks. F. Grading operations suspended during the rainy season shall be resumed no later than 15 days from date of suspension. G. 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. Surety agreement Page 7 Pacific Point, TT #14196 Camino Las Ramblas & I-5 H. The grading for this project shall be in substantial conformance to the grading concepts of Tentative Tract Map No. 14196 as approved by City Council Resolution No. 92-6-16-4, and in strict conformance with the grading plans and related documents as described in Exhibit "A" and Grading Permit No.36901. Installation of final erosion -control landscaping and irrigation, as required by City Council Resolution No. 92-6-16-4, Conditions of Approval, shall be commenced within seven (7) calendar days after Rough Grade Certification has been approved, or at any time at the discretion of the Building Official. Street trees and erosion -control landscaping shall be installed in accordance with City Council Resolution No. 92-6-16-4. 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. K. All work shall be performed in strict observation of the Hours of Operation in accordance with San Juan Capistrano Municipal Code Section 8-107. L. All trees which have been identified for preservation shall be protected in place in accordance with the Comprehensive Development Plan and City Council Resolution No. 92-6-16-4. M. No construction trucks are to stop or stand on Valle Road and/or Camino Las Ramblas. N. Parking for construction crew is to be on-site. o iIz In5CC�jCO BOND NO: 423568 S PREMIUM INCLUDED IN PERFORMANCE BOND. SUBDIVISION IMPROVEMENTS LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That we. SJD PARTNERS, LTD. BY: SSD DEVELOPMENT CORP., ITS GENERAL PARTNER , as Principal, and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto CITY OF SAN JUAN CAPISTRANO as Obligee, in the sum of THREE MILLION TWO HUNDRED SIXTY SIX THOUSAND ONE HUNDRED FIFTY EIGHT ---- (4 3-,266-sd SR_nfl ) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OR LI GA IION IS SUCH THAT: WHERFAS, the above named Principal, has entered into an agreement or agreements which are made a part of this bond, with the CITY OF SAN JUAN CAPISTRANO as Obligee for the improvements in the RAW CUT ROUGH GRADING AT CAMINO LAS RAMBLAS AND I-5 subdivision designated as (Tract. Parcel) Map NoIN SOUTH SAN JUAN CAPISTRANO (PACIFIC POINT) as required by the Goscrnment Code of California. NOW THEREFORE, the condition of this obligation is such, that if the above Principal fails to make payment to any contractor, his Subcontractors, or to persons renting equipment or furnishing labor and materials to them for the improvement required by said agreement or agreements, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond. 'This bond is executed and filed to comply with Section 66499 through and including Section 66499.10 of the Government Code of California as improvement secunh, and shall inure to the benefit of any and all contractors. their subcontractors and persons renting equipment or furnishing labor or materials to them for the improsemem. Notice of extension of time for completion is waived by the Surety. IN W'IINESS WHFRFOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Sorct} is hereto affixed and attested by its duly authorized Attorney -in -Fact at PLACENTIA Calitornia, this 15TH day of SEPTEMBER I9 97 "PRINCIPAL_" SJD PARTNERS, LTD. BY: SJD DEVELOPMENT CORP.. ITS GENERAL PARTNSR BY: /Zov/, ~ FORM DI 1l2 (Rev 10/90) "SURETY" DEVELOPERS INSUR CE OMPANY r BY: NO(—/s TODD M. ROHM Attorney -in -Fact 333 Wilshire Ave. Anaheim, CA 92801 (714)999-1471 STATE OF CALIFORNIA It SS. COUNTY OF ORANGE On 9/15/97 ,before me, BEATA A. SENSI, NOTARY PUBLIC . PERSONALLY APPEARED personally known to me to be the person(K) whose name(K) is/SYd(subscribed to the within instrument and acknowl- edged to me that he(lsl** executed the same in his/ D( (M authorized capacity(Y&X and that by his/HK(/ BX& signaturef4 on the instrument the personK or the entity upon behalf of which the personQgCacted, executed the instrument. WITNESS my hand and official seal. Signature TODD M. OPTIONAL Vf;J4tkt• 71t133T90 L i1��.Y'rti«� • CALIFORN4 o;;pPiOE COUNTY tay comm. FxP �`.+4, soot This area for Official Notarial Seal 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, CAPACITYCLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER m1E(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL Q ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTI V(IES) DEVELOPERS INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT BOND TITLE OR TYPE OF DOCUMENT 01 NUMBER OF PAGES 9/15/97 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID -081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT POWER OF ATTORNEY OF II�dEMNITY COMPANY OF CALIFOR& AND DEVELOPERS INSURANCE COMPANY N° 2 9 3 212 P.O. BOX 19725, IRVINE, CA 92713 • (714) 263-3300 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March, 1999. 2. This Power of Attorney is void it altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact, but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint "'C. J. GRANGER, JR., ROBERT J. HANNA, TODD M. ROHM, D. J. PICARD, BEATA A. SENSI, JOINTLY OR SEVERALLY' the true and lawful Attomey(s)-In-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts of suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) in any single undertaking; giving and granting unto said Attorneys) -In -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of mid corporations could do, but reserving to each of said corporations full power of substitution and revocation; and all of the acts of said Attomay(s)-In-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective Presidents and attested by their respective Secretaries this 14th day of June, 1995. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By Q16f DAULUS, By amu. DoVe F. Vincenti, Jr.ON,pANYO� D to F. Vincenti, Jr. ' 9\NSUR President PO qr President Q4rQ F OF 3 = OCT. 5 iA ATTEST -MAR. 27 ; 2 1957 .a 1979 T y r O'yi /F PNJ+2 D IF < BY * BY It WatterCrowell Wafter rowel) Secretary Secretary STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) On June 14, 1995, before me, C.V. Brink, personally appeared Dante F. Vincenti, Jr. and Walter Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that hershe/they executed the same in his/her/their authorized capactty(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persc n(s) acted, executed the instrument. WITNESS my hand and official seal. C. V. BRINK g comm. #1036712 D Signature -sti NOTARY PUBLIC -CALIFORNIA 17RA1Xo'c COUNTY AN Comm. Exp. Aug. 21, 1900 CERTIFICATE The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors of mid corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this l5f h- day ofSe D� 199 1 (INDEMNITY COMPANY OF CALIFORNIA pAN Y DEVELOPERS INSURANCE COMPANY OM O,n y\NSURgN By/y_ i 2 OCT. S a9+i B // 1 • \ �— L.C. Fiebiger WO 1967 P � L.C. Fiebiger y 1979 Senior Vice President 1� IF F� j Senior Vice President o rF t I0-310 REV. (2/96) VX(9 0 lnscqblCO (ER(D p February 5, 2001 CITY OF SAN JUAN CAPRISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 RE: Bond Number: 423568S -* 31 a& C'l /Sy Principal Name: SJD PARTNERS LTD Dear Obligee: P� RECEIVED FEB 12 3 27 PM '01 CTr C Ear; DEPT, -,mENT CI F SAN JUAN ISTRAND /4l -?b S � �C�JC�IVI� IC.%✓F r�'r . J You have recently received a letter regarding the merger of Developers Insurance Company (DICO) into Developers Surety and Indemnity Company (DSI). The merger was effective December 29, 2000, at which time all active DICO bonds, including yours, referenced above, were automatically transferred into the name of DSI. Please accept this letter and the attached Merger Endorsement as an additional legal notice of the merger. As approved within the merger agreement, please use the attached Merger Endorsement as the official notice for the transfer of bonded liability from DICO to DSI for all of the listed active bonds. If this letter and endorsement are not sufficient vehicles of notification of the merger, please contact our Service Department at 800-782-1546 to request further information. Thank you for your cooperation during our merger process. Sincerely, David H. Rhodes Executive Vice President Chief Underwriting Officer Insco Insurance Services, Inc. • CA Lic. 0403172 17780 Fitch • Suite 200 a Irvine, CA 92614 • (800) 782-1546 • (949) 263-3300 • Fax (949) 252-1955 • http�//w .InscoDico.com Underwriting Manager for: Developers Surety and Indemnity Company • Indemnity Company of Califomia 0 0 MERGER ENDORSEMENT In accordance with the merger of Developers Insurance Company with and into Developers Surety and Indemnity Company, effective the 29th day of December, 2000, your insurance company is now Developers Surety and Indemnity Company (the "Company"). The address of the Company's administrative office is: 17780 Fitch, Ste. 200 Irvine, California 92614 No terms, conditions or benefits of your bond have changed. All servicing of your bond will be done by the Company or its affiliated representatives. Please keep this endorsement with your bond. If you have any questions, you may write the Company at the above address. President Secretary /G'v /, iAi r ` A r/ �r15C��C0 BOND NO: 423568 S INITIAL PREMIUM: $32,662.00 SUBJECT 10 RENEWAL. SUBDIVISION IMPROVEMENTS PERFORMANCE BOND KNOW ALL. MEN BY THESE PRESENTS: That we, SJD PARTNERS, LTD. BY: SJD DEVELOPMENT CORP., ITS GENERAL PARTNER , as Principal, and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto as Obligee, in the sum of THREE MILLION TWO HUNDRED SIXTY SIX THOUSAND ONE HUNDRED FIFTY EIGHT ---- (S 3,266,158.00 ) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors. jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SI CH THAI`. WHEREAS, the abo%c named Principal, as a condition of the tiling of the lural subdisision map of (Tract: Parcel) Map No. , RAW CUT ROUGH GRADING AT CAMINO LAS RAMBLAS AND I-5 IN SOUTH SAN JUAN CAPISTRANO (PACIFIC POINT) entered into an agreement or agreements with said Obligee to complete the improvements specified in said agreement or agreements. NOW THEREFORE_ the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement or agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without notice to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect. IN WITNESS WHEREOF', the seal and signature of said Principal is hereto allixed and the corporate seat and the name of the said Surety is hereto aflixed and attested byits duly authorized Attorney' -in -Fact at PLACENTIA California, this 1 STH day of — SEPTEMBER , ig 97 "PRINCIPAL" "SURETY" SJD PARTNERS, LTD. BY: SJD DEVELOPMENT CORP., DEVELOPERS INSURAN� CPANY ITS GENERAL PARTNER TODD M. ROHM Attorney -in -Fact 17780 Fitch Irvine, California 92714 (714)263-3300 D1113 Rev 2/91 STATE OF CALIFORNIA 40 SS. COUNTY OF ORANGE On 9/15/97 before me, BEATA A. SENSI, NOTARY PUBLIC PERSONALLY APPEARED TODD M. ROHM personally known to me to be the person(h) whose name(K) is/YYdCsubscribed to the within instrument and acknowl- edged to me that he/" executed the same in his/ DC940U CiX authorized capacity(Ydtjf and that by his/KKW ffaV& signaturef4 on the instrument the personK or the entity upon behalf of which the personQWacted, executed the instrument. WITNESS my hand and official seal. Signature / ILIAL.) / 1 5141'a„ J OPTIONAL W"- _ - CJViI�J�. M993373 >xit?w"! FV9llQ • CAUFOMt CriPMaEGWt4 ,�9 W Comm. ExP Apt. 1,�.M This arras for Official Notarial Sml 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 TME(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 91 ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTIMIES) DEVELOPERS INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT BOND TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 10-081 Rcv.6/94 ALL-PURPOSE ACKNOWLEDGEMENT 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 4931171 (949) 493-1053 PA www, sanjuancapistrano. org March 12, 2007 dear, j In( OR PAR At( A • tsuwsem 1961 1776 Developers Surety and Indemnity Company 17780 Fitch, Ste 200 Irvine, CA 92614 Re: Release of Bonds -- SJD Partners, Ltd., Tract 14196 Dear Sir or Madam: MEMBERS OF THE CITY COUNCIL The bonds listed below for Tract 14196 are released as of March 12. 2006. SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO DR. LONDRES USO BOND NO. PURPOSE AMOUNT 42371 S Erosion Controls at Camino Las Ramblas $ 67,850.00 Performance Bond Labor and Material Bond The City of San Juan Capistrano hereby fully and forever releases and discharges Developers Surety and Indemnity Company from any and all liability under the abovementioned bond numbers. The original — released — documents are enclosed. If you have any questions, please do not hesitate to call me at (949) 443-6308. Very truly,yours, MMC res as noted cc: (Letter copy only) Brad Gates, SJD Partners, Ltd., 28546 Paseo Diana San Juan Capistrano, CA 92675; Sam Shoucair, Senior Engineer San Juan Capistrano: Preserving the Past to Enhance the Future �J Printed on 100 % recycktl paper 0 "d insico BONDNO: 4623571 4 CEinoo UF?) INITIAL PREMIUM: $679-00 SUBJECT TO RENEWAL. SUBDIVISION IMPROVEMENTS PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, SJD PARTNERS, LTD. BY: SJD DEVELOPMENT CORP., ITS GENERAL PARTNER , as Principal, and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto CITY OF SAN JUAN CAPISTRANO as Obligee, in the sum of SIXTY SEVEN THOUSAND EIGHT HUNDRED FIFTY -------------------------------- (S 67,850.00 ) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal, as a condition of the filing of the final subdivision map of (Tract/ Parcel) Map No. , EROSION CONTROLS AT CAMINO LAS RAMBLAS AND I-5 IN SOUTH SAN JUAN CAPISTRANO (PACIFIC. POTNT)_ entered into an agreement or agreements with said Obligee to complete the improvements specified in said agreement or agreements. NOW THEREFORE, the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement or agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without notice to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at PLACENTIA California, this 15TH day of SEPTEMBER jg 97 "PRINCIPAL" "SURETY" SJD PARTNERS, LTD. BY: SJD DEVELOPMENT CORP., DEVELOPERSINSUR E OMPANY ITS GENERAL PARTNEk BY_�A4k t�& Am t BY: �G _ TODD M. ROHM Attorney -in -Fact City of of t 13 Rev. 251 17780 Fitch Irvine, Califomia 92714 (714) 263-3300 STATE OF CALIFORNIA SS. COUNTY OF ORANGE On 9/15/97 ,before me, BEATA A. SENSI, NOTARY PUBLIC . PERSONALLY APPEARED personally known to me to be the person(K) whose name(it) is/lYdCsubscribed to the within instrument and acknowl- edged to me that he/SH*1fr executed the same in his/ D(9jNXXM authorized capacity(Yd4 and that by his/KU/ ffi)EBr signaturef4 on the instrument the personFA or the entity upon behalf of which the person(E)Kacted, executed the instrument. WITNESS my hand and official seal. Signature J� J, . 514aA-T Lj OPTIONAL M. ROHM gEATAX SENSI (10MM. NU33739 IC • CALFCRNN� a ..� .,. rl tttT7A5Tf t'IIBL CpUN7Y o �s"t«%� bRMtti6 eta.�t a My Comm. ExP M This area for Offuial Notarial Seal Though the data below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TFT E(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑% ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NP of PERSON(S) OR EN (IES) DEVELOPERS INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT BOND 01 TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 9/15/97 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE I06081 Rev. 6/94 ALL-PURPOSE ACKNOWLEDGEMENT OPOWER OF ATTORNEY OF EMNITY COMPANY OF CALIFOhr� AND DEVELOPERS INSURANCE COMPANY N° 2 9 3 215 P.O. BOX 19725, IRVINE, CA 92713 • (714) 263-3300 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March, 1999. 2. This Power of Attorney is void if afiered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable, the text is in brown ink, the signatures min blue ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact, but should remain a permanent part of the obliges's records. KNOW ALL MEN BY THESE PRESENTS, that except as expressy limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint "*C. J. GRANGER, JR., ROBERT J. HANNA, TODD M. ROHM, D. J. PICARD, BEATA A. SENSI, JOINTLY OR SEVERALLY*" the true and lawful Attomey(s)-In-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts of suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) in any single undertaking; gI and granting unto said Attomey(s)-In-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation; and all of the acts of said Attomey(s)-In-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24,1986: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attomey(s) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it Is attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective Presidents and attested by their respective Secretaries this 14th day of June, 1995. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By - oBy Qmu V Da"a F. Vincenfi, Jr. Ok,PAN Ir D to F. Vincenti, Jr. ' QSyNSUgg4,c President �4 PO q O Presitlent ti r o n OCT 5 o ATTEST w 1978 ,y 1967 � $ By * By Walter Crowell Wager mwol Secretary Secretary STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) On June 14,1995, before me, C.V. Brink, personally appeared Dante F. Vmcenti, Jr. and Walter Crowell, persmally known to me (or proved to me on the basis of satisfactory evidence) to be the per.on(s) whose nar e(s) is/are subscribed to the within instrument and acknowledged to me that he/sheflhey executed the same in hisAw/Meh authorized capacity(les), and that by his/herRheir 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. NMM4MM�M� C. V. BRINK COMM. M1036712 Signature / -Its NOTARY PUBLIC -CALIFORNIA ORANGE COUNTY kN Comm. Exp. Atlg. 261990 CERTIFICATE The undersigned, as Senor Vie President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vaca President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are In face as oda date of this Certificate. This Certificate is executed in the City of Irvine, California, this J -&h day of SP-DkM &,'- 199 . INNDEMNITY COMPANY F OF CALIFORNIIAA�Q�J ELOPERSSIINSU(RRAVNNCE COMPANY OD B \ , !✓ % / ID B // \ • \ • yL.C. Fiebigar yP L.C. FiebigerSenior Vice President Senior Vice President 4x19 • i insc%ico RECEIVED (HE�up FEo 12 3 27 PM '01 CITY CLERK February 5, 2001 DENT CEPY OF SAN JUAN CAPISTRANO CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 RE:BondNumber: 4235715.��/�� Principal Name: SJD PARTNERS LTD Dear Obligee: oc'4 % You have recently received a letter regarding the merger of Developers Insurance Company (RICO) into Developers Surety and Indemnity Company (DSI). The merger was effective December 29, 2000, at which time all active DICO bonds, including yours, referenced above, were automatically transferred into the name of DSI. Please accept this letter and the attached Merger Endorsement as an additional legal notice of the merger. As approved within the merger agreement, please use the attached Merger Endorsement as the official notice for the transfer of bonded liability from DICO to DSI for all of the listed active bonds. If this letter and endorsement are not sufficient vehicles of notification of the merger, please contact our Service Department at 800-782-1546 to request further information. Thank you for your cooperation during our merger process. Sincerely, David H. Rhodes Executive Vice President Chief Underwriting Officer Iosco Insurance Services, Inc.. CA Lic. 0403172 17780 Fitch . Suite 200 . Irvine, CA 92614 . (800) 782-1546 . (949) 263-3300 . Fax (949) 252-1955 . http,//www.InscoDico.com Underwriting Manager for: Developers Surety and Indemnity Company . Indemnity Company of California 0 MERGER ENDORSEMENT 0 In accordance with the merger of Developers Insurance Company with and into Developers Surety and Indemnity Company, effective the 29th day of December, 2000, your insurance company is now Developers Surety and Indemnity Company (the "Company"). The address of the Company's administrative office is: 17780 Fitch, Ste. 200 Irvine, California 92614 No terms, conditions or benefits of your bond have changed. All servicing of your bond will be done by the Company or its affiliated representatives. Please keep this endorsement with your bond. If you have any questions, you may write the Company at the above address. President bf Secretary 11 CgICO 0 BOND NO: 423571 S PREMIUM INCLUDED IN PERFORMANCE BOND. SUBDIVISION IMPROVEMENTS LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That we, SJD PARTNERS, LTD. BY: SJD DEVELOPMENT CORP. , ITS GENERAL PARTNER. , as Principal, and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto CITY OF SAN JUAN CAPISTRANO as Obligee, in the sum of SIXTY SEVEN THOUSAND EIGHT HUNDRED FIFTY ------------------------------ (g 6,850.00 ) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION 1S SUCH THAT: WHEREAS, the above named Principal, has entered into an agreement or agreements which are made a part of this bond, with the CITY OF SAN JUAN CAPISTRANO as Obligee for the improvements in the EROSION CONTROLS AT CAMINO LAS RAMBLAS AND I-5 subdivision designated as (Tract/Parcel) Map No. IN SOUTH SAN JUAN CAPISTRANO (PACIFIC POINT) , as required by the Government Code of California. NOW THEREFORE, the condition of this obligation is such, that if the above Principal fails to make payment to any contractor, his subcontractors, or to persons renting equipment or furnishing labor and materials to them for the improvement required by said agreement or agreements, the Surety on this bond Will pay the same, in an amount not exceeding the sum specified in this bond. This bond is executed and filed to comply with Section 66499 through and including Section 66499.10 of the Government Code of California as improvement security, and shall inure to the benefit of any and all contractors, their subcontractors and persons renting equipment or furnishing labor or materials to them for the improvement. Notice of extension of time for completion is waived by the Surety. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at PLACENTIA California, this 15TH day of SEPTEMBER , 1997 "PRINCIPAL" "SURETY" 5JD PARTNERS, LTD. BY: SJD DEVELOPMENT CORP., DEVELOrINSUR CE OMPANY ITS GEN RAL PARTN)KR:: d� BY: BY: 7 TODD M. ROHM Attorney -in -Fact Date: SI naturt 33 Wilshire Ave. City Cier c Anaheim, CA 92801 city of San Jua Lapis acro, CA (714)999-1471 FORM DI 112 (Rev. 10/90) a STATE OF CALIFORNIA AW MW SS. COUNTY OF ORANGE On 9/15/97 , before me, BEATA A. SENSI, NOTARY PUBLIC . PERSONALLY APPEARED personally known to me to be the person(K) whose name(if) is/XY&subscribed to the within instrument and acknowl- edged to me that he/DL� executed the same in his/ =40= authorized capacity(W4 and that by his/KW ffi*k signatureN on the instrument the persona or the entity upon behalf of which the personCX)Kacted, executed the instrument. WITNESS my hand and official seal. Signature �( TODD M. ROHM OPTIONAL E0 ,A II{{33739 C, :OM' 811r%• CAVppt1V W1 Nt OR�GE_GOUN'i�( Zp01 This area for Offuial Notarial Seal 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 forth. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TIRES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENi (IES) DEVELOPERS INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT BOND TITLE OR TYPE OF DOCUMENT Ol NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 1P-081 Rc' 6/99 ALL-PURPOSE ACKNOWLEDGEMENT `u'G�fl[F� BOND NO: 423569 S INITIAL. PREMIUM: $27,913.00 SUBJECT TO RENEWAL. SUBDIVISION IMPROVEMENTS PERFORMANCE BOND KNOW ALL MEN BYIHESE PRESENTS: 'That we, SJD PARTNERS, LTD. BY: SJD DEVELOPMENT CORP. , ITS GENERAL PARTNER , as Principal, and DLVELOPERS INSURANCE. COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of California and duhlicensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto CITY OF SAN JUAN CAPISTRANO as Obligee, in the sum of TWO MILLION SEVEN HUNDRED NINETY ONE THOUSAND TWO HUNDRED SIXTY THREE ---- (S 2,791,26= 00 ) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDII-ION OF THE OBLIGATION IS SUCH THAI: WHEREAS, the above named Principal, as a condition of the filing of the final subdivision map of (Tract/ Parcel) Map No. REMEDIAL GRADING AT CAMINO LAS RAMBLAS AND I-5 IN SOUTH SAN JUAN CAPISTRANO (PACIFIC POINT) entered into an agreement or agreements with said Obligee to complete the improvements specified in said agreement or agreements. NOW THEREFORE_ the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement or agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without notice to the Surety. this obligation shall he void, otherwise it shall remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney -in -l -act at PLACENTIA California, this 15TH day of "PRINCIPAL." SJD PARTNERS, LTD. BY: SJD DEVELOPMENT CORP., ITS GENERAL PARTN9R BY: AW 40•^1.1t; DI 113 Rev. 2/91 19 97 "SURETY" DEVELOPERS INSUR NCE .OMPANY BY: TODD M. ROBM Attorney -in -Fact 17780 Fitch Irvine, California 92714 (714) 263-3300 STATE OF CALIFORNIA 4D SS. COUNTY OF ORANGE On 9/15/97 ,before me, BEATA A. SENSI, NOTARY PUBLIC PERSONALLY APPEARED personally known to me ({UX�M74K736X�0{8�{ER to be the person(R) whose name(K) is/NMsubscribed to the within instrument and acknowl- edged to me that he/%kNXf &)4 executed the same in his/ DWjNXGi authorized capacity(Y&4 and that by his/KKK t$E& signatureM on the instrument the persons or the entity upon behalf of which the person(KXacted, executed the instrument. WITNESS my hand and official seal. Signature OPTIONAL ROHM W EATAASENSI COMld.07133739 ARY RJBLIC - CALFORNIA ORANGEOWNTr 00m.9*W..14, x001 This area for Official Notarial Seal 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 ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑% ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTM(IES) DEVELOPERS INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT BOND TITLE OR TYPE OF DOCUMENT 01 NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE )o-ost rl o, 6/94 ALL-PURPOSE ACKNOWLEDGEMENT POWER OF ATTORNEY OF MftNITY COMPANY OF CALIFO AND DEVELOPERS INSURANCE COMPANY N° 293213 P.O. BOX 19725, IRVINE, CA 92713 • (714) 263-3300 - NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March, 1999. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact, but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint "*C. J. GRANGER, JR., ROBERT J. HANNA, TODD M. ROHM, D. J. PICARD, BEATA A. SENSI, JOINTLY OR SEVERALLY' the true and lawful Attorney(s)-In-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts of suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) in any single undertaking; giving and granting unto said Attorney(s)-In-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation; and all of the acts of said Attomey(s)-In-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24,1986: RESOLVED, that the Chairman of the Board, the PmIdent and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the afforney(s) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future wtth respect to any bond, undertaking or contract of suretyship to which it is attached. - IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused Mese presents to be signed by their respective Presidents and attested by their respective Secretaries this 14th day of June, 1995. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY QJ&By V By DaVe F. Vincenti, Jr. ON,PAN YO.� Its F. Vincenti, Jr. ' �1NSUggN President 4 P Rq� p Presitlent Q4Q P q cF i OCT 5 �9+r ATTEST �— MAR. 27 O `/ 1967 > 1979 y C///r1l.I �i (fF C///^1\./C y0 q IF P F� By * By WatterCrowell Wafter rowel) Secretary Secretary STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) On June 14, 1995, before me, C.V. Brink, personally appeared Dante F Vincemi, Jr. and Walter Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islam subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacily(ies), and that by his/hentheir signature(s) on the instrument the person(s), or the entity upon behalf of which the pemon(s) acted, executed the instrument. WITNESS my hand and official seal. �~ �N�NM��11�M�1NMw�� C. V. BRINK g COMM. #1036712 Signature U EGD NOTARY PUBLIC -CALIFORNIA ORANGE COUNTY w * Corn. Exp. Aug. 21,1998 CERTIFICATE ��eNNw The undemigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this J✓(/ -1_ day of Se& f 1 199—. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY BY\ B // \ • \ _ C��.�� Q MAR. 27�c O i L.C. Fiebiger o 1967 p 2-y By L.C. Fiebiger ?y 1979 Senior Vice President Z IF Nx r Senior Vice President�- ID-310 REV. (2/96) 4rm(m 0 lnscqbIC0 C,0E�OMp February 5, 2001 CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 RE: Bond Number: 423569S Principal Name: SJD PARTNERS LTD Dear Obligee: E RECEIVED FED I Z 3 28 PM '01 CITY CLERK DEFAFTM%NT CITY OF ;;AN JUAN CA,,,, FANJ You have recently received a letter regarding the merger of Developers Insurance Company (DICO) into Developers Surety and Indemnity Company (DSI). The merger was effective December 29, 2000, at which time all active DICO bonds, including yours, referenced above, were automatically transferred into the name of DSI. Please accept this letter and the attached Merger Endorsement as an additional legal notice of the merger. As approved within the merger agreement, please use the attached Merger Endorsement as the official notice for the transfer of bonded liability from DICO to DSI for all of the listed active bonds. If this letter and endorsement are not sufficient vehicles of notification of the merger, please contact our Service Department at 800-782-1546 to request further information. Thank you for your cooperation during our merger process. Sincerely, David H. Rhodes Executive Vice President Chief Underwriting Officer Insco Insurance Services, Inc. • CA Lie. 0403172 17780 Fitch • Suite 200 • Irvine, CA 92614 • (800) 782-1546 • (949) 263-3300 • Fax (949) 252-1955 • htto://www.InscoDico.com Underwriting Manager for: Developers Surety and Indemnity Company • Indemnity Company of California 0 MERGER ENDORSEMENT 0 In accordance with the merger of Developers Insurance Company with and into Developers Surety and Indemnity Company, effective the 24th day of December, 2000, your insurance company is now Developers Surety and Indemnity Company (the "Company"). The address of the Company's administrative office is: 17780 Fitch, Ste. 200 Irvine, California 92614 No terms, conditions or benefits of your bond have changed. All servicing of your bond will be done by the Company or its affiliated representatives. Please keep this endorsement with your bond. If you have any questions, you may write the Company at the above address. President Secretary ins cwico M BOND NO: 423569 S PREMIUM INCLUDED IN PERFORMANCE BOND. SUBDIVISION IMPROVEMENTS LABOR AND MATERIAL BOND KNOW ALL MEN BY T HESE; PRESENTS: That we, SJD PARTNERS, LTD. BY: SJD DEVELOPMENT CORP. , ITS GENERAL PARTNER as Principal. and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of California and dulv licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto CITY OF SAN JUAN as Obligec, in the sum of TWO MILLION SEVEN HUNDRED NINETY ONE THOUSAND TWO HUNDRED SIXTY THREE ---- (S 2,791,263.00 ) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. "THE CON DTF[ON OF'I HF OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal, has entered into an agreement or agreements- which are made a part of this bond, with the CITY OF SAN JUAN CAPISTRANO as Obligee for the improvements in the REMEDIAL GRADING AT CAMINO LAS RAMBLAS AND I-5 subdivision designated as (Tract; Parcel) Map No. IN SOUTH SAN JUAN CAPISTRANO (PACIFIC POINT) , as required by the Government Code of California. NOW THEREFORE, the condition of this obligation is such, that if the above Principal fails to make payment to any contractor, his subcontractors, or to persons renting equipment or furnishing labor and materials to them for the improvement required by said agreement or agreements, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond. This bond is executed and filed to comply with Section 66499 through and including Section 66499.10 of the Government Code of California as improvcmcrn security. and shall inme to the benefit of any and all contractors, their subcontractors and persons renting equipment or furnishing labor or materials to them for the improvement. Notice of extension of time for completion is waived by the Surcty. IN W11 N1 SS WHFRFOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surcty is hereto affixed and attested by its duly authorized Attorney -in -Fact at PLACENTIA Celil of rna, this 15TH day of — SEPTEMBER I9 97 "PRINC'IPAl "SURETY" SJD PARTNERS, LTD. BY: SJD DEVELOPMENT CORP.. DEVELOPFRS[NSU AN COMPANY ITS GENE L PA jIER R TODD M. ROHM Attorney -in -Fact 333 Wilshire Ave. Anaheim, CA 92801 (714) 999-1471 FORM n1112(Rev 10190) STATE OF CALIFORNI_A� M SS. COUNTY OF ORANGE On 9/15/97 before me, BEATA A. SENSI, NOTARY PUBLIC PERSONALLY APPEARED personally known to me �h fil;&idfi>3ifd�CRR1fSf�+� to be the person(R) whose name(];) is/NMsubscribed to the within instrument and acknowl- edged to me that hem executed the same in his/ D(93ZOM authorized capacity(X4 and that by his/iCtlif(/ 113M signature" on the instrument the persont, or the entity upon behalf of which the person(ITacted, executed the instrument. WITNESS my hand and official seal. Signature / 1 �• I J'L OPTIONAL M. V('0MM81138 X0 1 d.rifaSYOUjU .CA OR;'!IGCCOUN'y My cc mm. E p. Mrd This arra for Official Notarial Seal 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 nn.E(S( ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTIV(IES) DEVELOPERS INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT BOND 01 TITLE OR TYPE OF DOCUMENT 15 NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID -081 Re .6/9i ALL-PURPOSE ACKNOWLEDGEMENT 4G;]C� lnscc SCO BOND NO: 423570 S INITIAL PREMIUM: 2,217.00 SUBJECT TO RENEWAL. SUBDIVISION IMPROVEMENTS PERFORMANCE BOND KNOW ALL, MEN BY THESE PRESENTS: That we, _SJD PARTNERS, LTD. BY: SJD DEVELOPMENT CORP., ITS GENERAL PARTNER , as Principal, and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto CITY OF SAN JUAN CAPISTRANO as Obligce, in the sum of TWO HUNDRED TWENTY ONE THOUSAND SEVEN HUNDRED THIRTY FIVE --------------- (S 221 735.00 ) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF I HE OBLIGATION IS SUCH I HAI: WHEREAS, the above named Principal, as a condition of the filing of the final subdivision map of (Tracts Parcel) Map No. SLOPE DRAINAGE AT CAMINO LAS RAMBLAS AND I-5 IN SOUTH SAN JUAN CAPISTRANO (PACIFIC POINT) entered into an agreement or agreements with said Obligee to complete the improvements specified in said agreement or agreements. NOW THEREFORE. the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement or agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without notice to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorised Attorney -in -Fact at PLACENTIA California, this 15TH day of SEPTEMBER 19 97 "PRINCIPAL" SJD PARTNERS, LTD. BY: SJD DEVELOPMENT CORP., ITS GENE ARTN BY: �O DI 113 Rev 2/91 "SURETY" DEVELOPF�[2S INS/U� NCE .OMPANY TODD M. ROHM Attorney -in -Fact 17780 Fitch Irvine, California 92714 (714)263-3300 STATE OF CALIFORNIA SS. COUNTY OF ORANGE On 9/15/97 before me, BEATA A. SENSI, NOTARY PUBLIC . PERSONALLY APPEARED TODD M. ROHM personally known to me (✓U[)v4I&U �aE} Yri M x>slfptf�Si Mt to be the person(R) whose name(g) is/NMsubscribed to the within instrument and acknowl- edged to me that he/ (ff1LT executed the same in his/ D(doMM authorized capacity(Y&X and that by his/KKK 9*k signaturef4 on the instrument the persona or the entity upon behalf of which the person(KKacted, executed the instrument. WITNESS my hand and official seal. SignaturelC OPTIONAL Q SEATENSI fiiOMe\d. Mt5337NOTFl:Y PUi3LIC • CALIORAiJOE COUNT ah Comm. ExD• APT. 14, 2001 This area for Official Notarial Seal 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 TnLE(5( ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEYAN-FACT TRUSTEE(S) GUARDIANICONSER VATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTIT (IES) DEVELOPERS INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT BOND TITLE OR TYPE OF DOCUMENT 01 NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE Io-ost R". 6/94 ALL-PURPOSE ACKNOWLEDGEMENT POWER OF ATTORNEY OF MNITY COMPANY OF CALIFO AND DEVELOPERS INSURANCE COMPANY N° 2 9 3 214 P.O. BOX 19725, IRVINE, CA 92713 • (714) 263-3300 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March, 1999. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact, but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint "'C. J. GRANGER, JR., ROBERT J. HANNA, TODD M. ROHM, D. J. PICARD, BEATA A. SENSI, JOINTLY OR SEVERALLY' the true and lawful Attomey(s)-In-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts of suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) in any single undertaking; giving and granting unto saki Attorney(s)-In-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation; and all of the acts of said Attomey(s)-In-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24,1986: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective Presidents and attested by their respective Secretaries this 14th day of June, 1995. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By Quw By D e F. Vincent. Jr. OV,?ANY Via O� F. Vincent, Jr. g\NSURg4, President �4 PO Oro Presitlent 4rQ0 cF 9 Q i = TS ATTEST — MAR. 27 ; 1979 ey* By Walter Crowell Wafter rowel) Secretary Secretary STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) On June 14, 1995, before me, C.V. Brink, personally appeared Dante F. Vincenti, Jr. and Walter Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/am subscribed to the within instrument and acknowledged to me that ba/she/they executed the same in his/herRheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. C. V. BRINK g COMM. #1036712 Sinature NOTARY PUBLIC • CALIFORNIA ORANGE COUNTY LNCgmm.Exp.Aup.21, 1gW CERTIFICATE The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked: and furthermore, that the provisions of the resolutions of the respective Boards of Directors of mid corporations set forth in the Power of Attorney, tare in force as of the date of this Certificate. I This Certificate is executed in the City of Irvine, California, this �tl day of l—, 199_2_. INDEMNITY COMPANY OF CALIFORNIA pANY DEVELOPERS INSURANCE COMPANY By By 2 = OCT. 5 a�rj'm Y+ MAR. 27 O L.C. Fiebiger O 1%7 P 2 L.C. Fiebiger Senior Vice President y, (/F F� .� Senior Vice President O /F ID -310 REV. (2/96) VX19 0 InscribICO (95��Mp February 5, 2001 CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 RE: Bond Number: 4235705 4 0,� t, q 3 Principal Name: SJD PARTNERS LTD Dear Obligee: 0 RECEIVED FEB 12 3 2e PM '01 (-,;TY C ERK UfF `,i7 iHEN7 CITf OF SAN JUAtI CAP'IstRANi1 i iy/ 94 SLope Dretir'^?& You have recently received a letter regarding the merger of Developers Insurance Company (DICO) into Developers Surety and Indemnity Company (DSI). The merger was effective December 29, 2000, at which time all active DICO bonds, including yours, referenced above, were automatically transferred into the name of DSI. Please accept this letter and the attached Merger Endorsement as an additional legal notice of the merger. As approved within the merger agreement, please use the attached Merger Endorsement as the official notice for the transfer of bonded liability from DICO to DSI for all of the listed active bonds. If this letter and endorsement are not sufficient vehicles of notification of the merger, please contact our Service Department at 800-782-1546 to request further information. Thank you for your cooperation during our merger process. Sincerely, David H. Rhodes Executive Vice President Chief Underwriting Officer Inco Insurance Services, Inc. • CA Lic. 0403172 17780 Fitch • Suite 200 • Irvine, CA 92614 • (800) 782-1546 • (949) 263-3300 • Fax (949) 252-1955 • httn://www.InscoDico.com Underwriting Manager for: Developers Surety and Indemnity Company • Indemnity Company of California 0 MERGER ENDORSEMENT 0 In accordance with the merger of Developers Insurance Company with and into Developers Surety and Indemnity Company, effective the 29th day of December, 2000, your insurance company is now Developers Surety and Indemnity Company (the "Company"). The address of the Company's administrative office is: 17780 Fitch, Ste. 200 Irvine, California 92614 No terms, conditions or benefits of your bond have changed. All servicing of your bond will be done by the Company or its affiliated representatives. Please keep this endorsement with your bond. If you have any questions, you may write the Company at the above address. President Secretary 11" s --CICO �...�I�t ill,-;] t)il_JU�) M BOND NO: 42 PREMIUM INCLUDED IN PERFORMANCE BOND. SUBDIVISION IMPROVEMENTS LABOR AND MATERIAL BOND KNOW ALI, MEN BY THESE PRESENTS: That we SJD PARTNERS, LTD. BY: SJD DEVELOPMENT CORP., ITS GENERAL PARTNER , as Principal. and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto CITY OF SAN JUAN CAPISTRANO as Obligee, in the sum of TWO HUNDRED TWENTY ONE THOUSAND SEVEN HUNDRED THIRTY FIVE ---------------- (5 221,735.00 ) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the abosc named Principal, has entered into an agreement or agreements which are made a part of this bond, with the CITY OF SAN JUAN CAPISTRANO as Obligee for the improvements in the SLOPE DRAINAGE AT CAMINO LAS RAMBLAS AND I-5 subdivision designated its (Tract.Parcel) Map No. IN SOUTH SAN JUAN CAPISTRANO (PACIFIC POINT) , as required by the Government Code of California. NOW THEREFORE, the condition of this obligation is such. that if the above Principal fails to make payment to any contractor. his subcontractors, or to persons renting equipment or furnishing labor and materials to them for the improvement required by said agreement or agreements, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond. This bond is executed and filed to comply with Section 66499 through and Including Section 66499.10 of the Government Code of California as improremem security. and shall inure to the benefit of any and all contractors, their subcontractors and persons renting equipment or furnishing labor or materials to them for the improvement. Notice of extension of time for completion is waived by the Surcts. IN W'I"I NESS WHFREOF. the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at PLACENTIA California, this 15TH day of SEPTEMBER I9 97 "PRINCIPAL" "SURETY" SJD PARTNERS, LTD. BY: SJD DEVELOPMENT CORP., DEVELOPERSINSUR E C MPANY ITS GENERAL PARTTNNEEER� BY:—/�LJJ�AAn'.%P BY: TODD M. ROHM Attorney -in -Fact 333 Wilshire Ave. Anaheim, CA 92801 (714)999-1471 FORM nl 112 (Rev 10/90) STATE OF CALIFORNIA# SS. COUNTY OF ORANGE On 9/15/97 ,before me, BEATA A. SENSI, NOTARY PUBLIC PERSONALLY APPEARED personally known to me to be the person(ll) whose name(I,) is/XKKsubscribed to the within instrument and acknowl- edged to me that hebMKjlH** executed the same in his/ DoWtAM authorized capacity(W4 and that by his/KKW B>ks& signatures on the instrument the persona or the entity upon behalf of which the personQ[racted, executed the instrument. WITNESS my hand and official seal. Signature / 1 ✓�/YI/.1�J OPTIONAL M. ROHM eATA e Ot+tUW'. a%.f0Wy W PtlBt'1G�OUSV -. .N4.0 This armfor Oficial Notarial SwI Though the data below is not required by law, K may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TM-E(s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL M ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR EWI Y(IES) DEVELOPERS INSURANCE COMPANY ID -081 Rev. 6/94 DESCRIPTION OF ATTACHED DOCUMENT BOND TITLE OR TYPE OF DOCUMENT 01 9/1 NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ALL-PURPOSE ACKNOWLEDGEMENT Best's Rating Center - CompanyIformation for Developers Surety and Indemnity Comp... Page 1 of 1 Center Industry Research Ratings Definitions k Search Best's Ratings Press Releases Related Products 1 Country Risk How to Get Rated I I Contact an Analyst I View Ratings: FinaosiaL$heneW lasue[Crarat 5ecurt4as Aavanced.sturch Developers Surety and Indemnity Company pmemberor17M Ni 111 A. M.Besre ll]at XNC a: 13]1e FEIN e: e201$9710 Address: 17780 Fitch, Suite 200 Phone: 949-263-3300 Irvine, CA 92614 Fax: 949-252-1959 Web:. nacomoo_com Best's Ratings Financial Strength Ratings View Definitions; Rating: A. (Excellent) Affiliation Code: g (Group) Financial Size Category: VII ($50 million to $100 million) outlook: stable ActionAffirmed Effective Dste: June 16, 2006 * Denotes Under Review Best's -Ratings Reports And News Visit our NewsRoom for the latest ne.W.s_dndAnfiastelgaaes for this company and its A . Best Group, Other Webcenrere. Sela a.pnad m ron,oanisan-na.e. ie ow opinon, n exavem antsy to in tn.r onpmng ouigationa to",p ndMn ^++ t Bear- _CompnyRegent - includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, detailr key financial data. �E Report Revision Data: 06/28/2006 (represents the latest significant change). f Historical Report are available in Best's Compal Report Archivg. t-- Best's Executive Summary Reports (Financial Overview) - available in three versions, these presentation style reports feature balance s y.;.y key financial performance tests including profitability, liquidity and reserve analysis. Data Status: 2006 Besrs Statement File - P/C, US. Contains data compiled as of 1/4/2007 (Quality Cross Checked). e SlisaWCampany -five years of financial data specifically on this company. 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US BasLs�tateLlinaAQvmkined.linas I_-P_LC_US Custpme Sarvica I Prgdggi_Support I Mambgr_Csniei I GpntagOnid I Garments About A M Best I Site Map I Privacy Policy I Security I Terms of Use I Legal & Licensing Copyright ® 2007 A M. Best Company, Inc. All rights reserved A.M. Best Worldwide Headquarters, Ambest Road, Oldw c, New Jersey, 08858, U.B.A. http://www3.ambest.com/R,itings/FullProfile.asp?amb=11752&URATINGID=1261627&a... 3/12/2007 0 E MEMORANDUM Mach 12, 2007 TO: Maria Morris, Deputy City Clerk FROM: Sam Shoucair, Senior Engineer 7 SUBJECT: Tract 14196, SunCal, Bond release Please release the original SJD Partners bond No. 423571S for $67,850 associated with the development of the subject project, as the erosion control work at that particular location along Las Ramblas was completed some time ago. Attachment: SunCal's letter requesting release of their bond (posted by SJD Partners). A z � � � cn a a � n z� rn 3>r- r-v Urn Z M O �