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1991-0918_LUSK COMPANY, THE_Surety Agreement0 LAN THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation, hereinafter referred to as the "City" and The Lusk Company, a California Corporation, hereinafter referred to as "Developer". WITNESSETH WHEREAS, City will issue Grading Permit Nos. 21901-B, 21902-B, 21903-B and 21904-B 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 Vesting Tentative Tract Nos. 13436 and 13437, commonly referred to as Lomas San Juan (Areas C and D). WHEREAS, San Juan Capistrano Municipal Code 8-2.05 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 8-2.06 authorizes the Building Official to require additional bonding as security to ensure against adverse aesthetic impacts arising from incomplete grading and/or improvements from development projects which have not been completed. WHEREAS, the Building Official finds that the proposed project site is highly prominent and visible to the community, has unique topographic features or involves substantial grading of slope areas. NOW, THEREFORE, in consideration of the premises and promises hereinafter contained, City and Developer agree as follows: 1. Developer's Improvements Obligations. Developer shall, at its sole cost and expense, provide and furnish all labor, materials and equipment for the installation of improvements set forth in Exhibit "A". The grading permit and plans, which further defines the improvements in Exhibit "A", are on file in the office of the City's Building Official, and all documents referenced in Exhibit "A" are incorporated herein by reference. 2. Developer's Security. Developer shall provide a bond by a duly authorized corporate surety, subject to the approval of the City's City Attorney, to secure Developer's improvement obligations required under this agreement. The amount of the Bonds shall total $10,088,890 for rough grading and erosion control and $2,551,500 for slope landscaping work as described in Exhibit A as divided in the table below. A copy of these surety instruments, as approved by the City Attorney, are attached as Exhibit D and incorporated herein by this reference. Rough Grading and Landscaping Erosion Control and Irrigation C-1 Tract 13865 $1,558,695 C-1 $224,430 C-2 Tract 13436 $1,644,700 C-2 $458,445 D-1 Tract 13866 $3,493,370 D-1 $1,042,955 D-2 Tract 13437 $3,392,125 D-2 $825,670 -I- • 0 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", attached hereto and incorporated herein by this reference. 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. Prior to making demand on the surety for performance, City shall provide written notice to Developer that Developer has defaulted and giving Developer a minimum of twenty (20) days from the date Developer received said notice to cure said default. Should Developer fail to cure said default within the time period set forth in said written notice, then City shall make demand on the surety for performance. Developer's performance pursuant to this Agreement shall be excused during the time period of any delay in the commencement or completion of construction caused by or resulting from acts of God, civil disorder, changes in government regulations, acts of governmental bodies or their employees or agents, inclement weather, strikes, boycotts, picketing or other obstructive actions (not caused by Developer) by any labor organizations performing labor upon Developer's property or any other legitimate cause beyond the control of Developer. 5. Restoration of Site. San Juan Capistrano Municipal Code Section 8-2.06 allows the City to require security to ensure against adverse aesthetic impacts arising from incomplete grading and/or improvements. The purpose of this security shall be to restore the property to its original condition should Developer default as provided above. This restoration shall include: a. Dismantle and/or demolish improvements; 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 Pees. In the event that suit is instituted to enforce the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs from the other party. 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. -2- Ci In Witness Whereof, the parties have executed this agreement as of ng%'%//fyril� /� , 1917/ at San Juan Capistrano, California. Approved s to By: Joh w City Attorney Developer The Lusk Company A California Corporation (Lusk - San Juan Division) C ' -Daniel Sand Juan Capistrano �--�YY�S �I By: Daniel . Mc arl nd Building Official By: �--� Title: QTCE PRESIDENT By: Title: Secretary By: Title: -3- 9 0 EXHIBIT "A" to Surety Agreement for Grading, Landscaping, On -Site Improvements and Property Restoration Lomas San Juan ("Areas C & D") Vesting Tentative Tract Nos. 13436 and 13437 ITEM 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in accordance with Grading Permit Nos. 21901-B, 21902-B, 21903-B and 21904-B and Developer's plans and supporting documents as listed below: (A) Rough Grading Plan for Lomas San Juan ("Areas C & D") prepared by Lockman & Associates, Leland Johnson, RCE 13590, as approved by Kenneth G. Osborne & Associates on June 13, 1990. (B) Geotechnical Reports dated December 9, 1987, November 22, 1989, and April 25, 1990, prepared by Leighton & Associates, Lan Pham, GE 686. ITEM 2: Construction of all on-site improvements in accordance with Grading Permit Nos. 21901-B, 21902-B, 21903-B and 21904-B and Developer's Grading Plans referenced in Item 1 above, including, but not limited to: terrace drains, down drains, subdrains, and private storm drain systems. ITEM 3: Construction and placement of slope landscaping and irrigation in accordance with approved plans for Lomas San Juan titled "Parcel C Slope Planting" and "Parcel D Slope Planting", by the Peridian Group, Dennis Anderson, Registered Landscape Architect, License No. 1265, dated April 11, 1991, as approved by City. ITEM 4: Construction and placement of slope landscaping and irrigation in accordance with approved plans for Lomas San Juan titled "Parcel C Slope Planting" and "Parcel D Slope Planting", by the Peridian Group, Dennis Anderson, Registered Landscape Architect, License No. 1265, dated April 11, 1991, as approved by City. ITEM 5: Restoration Plan for Lomas San Juan site shall be the natural contours as shown on the above rough grading as the basis for the grading plan. -4- 0 0 EXHIBIT "B" SCHEDULE FOR COMPLETION OF IMPROVEMENTS Completion Date Within 30 months of issuance of grading permit Within 48 months of issuance of grading permit Within 54 months of issuance of grading permit Task Rough Grade Certification Landscape Irrigation Landscape Planting -5- U EXHIBIT "C" Li CONDITIONS FOR COMPLETION OF IMPROVEMENTS A. The grading for this project shall be in strict conformance with the grading plans and related documents as described in Exhibit "A" and Grading Permit Nos. 21901-B, 21902-B9 21903-B and 21904-B. B. Grading operations shall commence within fourteen (14) calendar days after issuance of Grading Permit Nos. 21901-8, 21902-B, 21903-B and 21904-B . Winter grading will be conducted in strict accordance with the dynamic erosion - control plan submitted by the developer, and approved by the City. This erosion - control plan reflects erosion mitigation measures for expected grading conditions as the work progresses through the winter season and shall not be amended except with the permission of the City. In the event Developer does not wish to implement winter grading, or permission for winter grading is rescinded, static erosion -control plans reflecting current conditions of grading shall be submitted within ten (10) days of cessation of work. These plans shall include erosion -control planting as required by the City. C. A sequence plan of grading operations shall be approved by the City prior to the issuance of any grading permit for this project. Any variation or deviation in the sequence of operations must be recommended, in writing, by the supervising civil and soils engineers and approved by the Building Official prior to performing any work related to the variation or deviation. D. Except as specified in Paragraph 4 of the agreement and in "G" below, suspension in excess of twenty (20) working days of work authorized by Grading Permit Nos. 21901-B, 21902-B, 21903-B and 21904-B, including erosion -control measures and landscaping and irrigation, shall constitute default of this agreement. E. The supervising civil engineer and soils engineer shall file biweekly progress reports of all grading operations with the Building Official. An interim compaction report, for that work completed at the time work is suspended for the rainy season (see "G" below), shall be filed with the Building Official. This interim report shall conform to the grading code requirements for Final Compaction Reports. F. Contractor shall control dust to satisfaction of Building Official or his deputy. During grading, Contractor shall keep water truck on site and dampen work area, grounds, and loaded trucks. G. Grading operations suspended during the rainy season shall be resumed as soon as reasonably possible pending supervising geotechnical engineer's and City Inspector's approval. H. Developer shall provide approved on-site archaeological monitor during all phases of grading and foundation excavation. I. Developer shall provide approved Native American monitor during all phases of grading and foundation excavation. 0 0 J. Developer shall provide approved Paleontologist to monitor all phases of grading and foundation excavation. K. The grading for this project shall be in substantial conformance to the grading concepts of Vesting Tentative Tract Map Nos. 13436 and 13437 as approved by City Council Resolution Nos. 89-6-6-4 and 89-6-6-5, and in strict conformance with the grading plans and related documents as described in Exhibit "A" and Grading Permit Nos. 21901-B, 21902-B, 21903-B and 21904-B. L. Installation of Final Erosion -Control Landscaping and Irrigation, as required by City Council Resolution Nos. 89-6-6-4 and 89-6-6-5, Conditions of Approval, shall be commenced within seven (7) calendar days after Rough Grade Certification has been approved by the Building Official, or at any time at the discretion of the Director of the Department of Planning. Street trees and erosion -control landscaping shall be installed in accordance with City Council Resolution No. 89-6-6-4, Item No. 6(2) and 89-6-6-5, Item No. 6 (b). M. Installation of interim erosion control devices and systems shall commence within seven (7) days after rough grade certification has been approved by the Building Official and must be completed within fifteen (15) days of rough grade certification. Final erosion control landscaping and irrigation systems shall be installed prior to final inspection of the grading permit. N. Contractor shall adhere to conditions of haul route permit and encroachment permit issued by the City Engineer. O All work described in the Agreement shall be performed in accordance with Developer's Construction Mitigation Program as approved by the City. -7- �7� � mlonoi�, �uneie 1961 1776 June 23, 1995 Ms. Linda Sadler The Lusk Company 17550 Gillette Avenue P.O. Box C-19560 Irvine, California 92713-9560 MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL WYATT HART GILJONES CAROLYN NASH DAVID SWERDLIN CITY MANAGER GEORGE SCARBOROUGH Re: Release of Bonds - Security for Grading Landscaping and On -Site Improvements and Property Restoration. Tracts 13865 (Cl) and 13436 (C2) Dear Ms. Sadler: The Lusk bonds issued by The American Insurance Company were given to the City of San Juan Capistrano per Surety Agreement dated September 18, 1991, to insure completion of the rough grading and slope landscaping of Tract 13865 (Area C 1) and Tract 13436 (Area C2) of the Lomas San Juan project. The following bonds were replaced by Taylor Woodrow Homes California Limited, and Glenfed Federal bank and are hereby returned to you: Tract 13865 - Area C1 Amount Bond Number Rough Grading $1,558,695 SC 11119201462 Slope Landscaping 224,430 SC 11119201454 Rough Grading 1,644,700 SC11119201470 Slope Landscaping 458,445 SC11132927135 If you have any questions, please contract Daniel McFarland, Building Official, at 443-4340. Very truly yours, 1�n?� - Dawn M. Schanderl Deputy City Clerk cc: Daniel W. McFarland, Building & Safety Manager Cheryl Johnson, City Clerk 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 498.1171 6 MEMORANDUM TO.- FROM: O: FROM: SUBJECT: Dawn Schanderl, Deputy City Clerk Daniel W. McFarland, Building Official Department of Engineering & Building 'o Grading & Slope Landscaping Bond Releases June 15, 1995 Please release The Lusk Company bonds issued by The American Insurance Company, numbers SC 111 1920 1462, SC 111 1920 1470, SCR 111 1920 1454, and SCR 1113292 7135. These bonds were issued to insure completion of the rough grading and slope landscaping of Tract 13865 (Area Cl) and Tract 13436 (Area C2) of the Lomas San Juan project. Although this work has not been totally completed, these bonds have been replaced by bonds issued to Taylor Woodrow Homes California Limited, and Glenfed Federal Bank. Attachments cc: Bill Huber Sam Shoucair (��a31as • October 28, 1993 Mr. William R. Brasher The Lusk Company 17550 Gillette Avenue Irvine, California 92713 ow IAI�111�1 ' MIAMIa 1961 1776 MEMBERS OF THE CRY COUNCIL COLLENE CAMPBELL GARY L. HAUSOORFER GIL JONES CAROLYN NASH REEF VASOUEZ CITY MANAGER GEORGE SCARBOROUGH Re: Release of Bonds Regarding Lomas San Juan Areas D-1 and D-2 Dear Mr. Brasher: The work covered by the following bonds has not occurred and permit Nos. 21903-B for Area D-1 and 21904-B for Area D-2 have expired. The bonds have been authorized for release by Daniel W. McFarland, Building and Safety Manager, effective October 25, 1993. Pond NoNo. Tv e SCR 111-3292-7150 Performance - Slope Landscaping Landscaping T13437 Area D2 SC 111-4138-3767 Performance - Rough Grading T13437 Area D2 SC 111-3292-7143 Performance - Slope Landscaping T13866 Area D1 SC 111-3292-7168 Performance - Rough Grading T13866 Area D1 Certified copies have been enclosed for your records. Amount $ 825,670 $3,392,125 $1,042,955 $3,493,370 If you have any questions, please do not hesitate to call. Very truly yours, n. - 0n�� Dawn M. Schanderl Deputy City Clerk Attachments Cc:—j Daniel W. McFarland, Building & Safety Manager The American Insurance Company 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171 0 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO I, DAWN M. SCHANDERL, Deputy City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the attached is a true and correct copy of the following documents: 1. Performance Bond No. SCR 111-3292-7150 dated September 12, 1991, in the amount of $825,670.00, regarding slope landscaping for Tract 13437, Area D2 (Lusk Company). 2. Performance Bond No. SC 111-4138-3767 dated August 13, 1991, in the amount of $3,392,125.00, regarding rough grading, Tract 13437, Area D2. 3. Performance Bond No. SC 111-3292-7143 dated September 12, 1991, in the amount of $1,042,955.00, regarding slope landscaping, Tract 13866, Area D1. 4. Performance Bond No. SC 111-3292-7168 dated August 13, 1991, in the amount of $3,493,370.00, regarding rough grading, Tract 13866, Area D1. (SEAL) x EXECUTED IN FOUR COERPARTS BOND NO iumildC9 71 8 ,r - 6 PERFORMANCE SOND DATE ID -25-93 KNOW ALL MEN BY THESE PRESENTS: INITIALS That THE LUSK COMPANY,a California Corporation,(Lusk-San Juan Division) as Principal, hereinafter called CONTRACTOR, and THE AMERICAN INSURANCE COMPANY , as Surety, hereinafter Called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of 53,493,370. THREE MILLION FOUR HUNDRED NINETY-THREE mvnrr anm mvn cv vrr*ran p��S�c,cmmv an*n un 11no --- Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated entered into a (describe agreement) Rough Grading, Tract 13866, (Area D1) which contract is by reference made a part hereof NoW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void) otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, thatt 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successlully enforcing such obligation, all to Y 0 TA b A be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modifi- cation of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder, Executed this 13th day of August , 19 91 at Irvine California. APPROVED AS TO FORM. Page 2 - PERFORMANCE BOND Lusk Company,a California oration,(Lusk-San Juan Division By: (NOTARIZATION ARID SEAL) ,s uRzTy The American Insurance Company Alan L. Baer, Attorney-in-fact (NOTARIZATION AND SEAL) CORPORATE ACKNOWLEDGMENT ...................... State of California— County of Orange j SS. OFFICIAL SEAL DAVID G. LAMBERT Notary Public-Calllomia ® ORANGE COUNTY My Commission Expires March 26. 1994 ATTORNEY IN FACT ACKNOWLEDGMENT CAL -24 On this the_ 13th ay of August 19-2-1 before me, David G. Gambert the undersigned Notary Public, personAlly appeared Donald D. Steffensen and Richard T. Deihl Opersonally known to me Cfproved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as Vice President and Secretaryor on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my IWnd ltd official seal. Notary's Signature STATE OF CALIFORNIA County of ................... ......._bNGE.- ................ ...... f 1 q Q On this .._ I} ..... day of .._ .. , in the year .. ..... \ ..5...5 I ......... before me, a Notary Public in and for said V�NGE nr _ _ _County, State of California, residing therein, duly commissioned and sworn, personally appeared ...... ...ALM �...1.7.f'A1.1\ ... .. .......- fel personally known to me, ❑ proved to me on the basis of satisfactory evldna to be the person whose name ,iyS,subscribed to this instrument as the attorney in fact of.TME,,,AMERICAN ..._INSURANCE COMPANY and acknowle ged to me that IVl he ❑she subscribed the name of ..........THE AMERICAN INSURANCE COMPANY _ ...,thereto as surety, and Chis ❑ her own name as attorney in fact. IN WITNES. \%WHEREOF, 1 have hereunto set my hand and affixed my official seal, t/\{h�\11Ie[}day and ,year stated in this certificate above ;Ae t u OPFIC;At, S _... MARIA Ll11SA li. SEAL Notary Public . s s Notary POb1c4alddrma a GRANGr C idly My commission expires ............................................ _................................................................. �.+ My Comm, Eqt. Much 7, ;995 avow:—i wa •PGENERAL WER o • ATTORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, IW, and redomesticated to the State of Nebraska on lune 1, 1990, and having its principal office in the City of Omaha. State of Nebraska, has made, constituted and appointed, and does by these presents make, constitute and appoint . ---ALAN L. BAER--- SANTA AER--- its wesuid[ CAey(}' power authority edge and deliver any k u�Attorns m -Fact, with foil wer and auth hereby000ferred in its name, plsceand stead, to execute, aesi, acknowledge and all bonds, undertaking, recogofzances or other written obligations in the nature thereof and to bind the Corporation thereby as; fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VD. Appointment and Authority ofResfdeaf Scoistinks, Affonaeysda-Fact amdAgean to accept Legal Prones A" MakeApparaoces. Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vin- President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or my VkePreddent may, from time to time, appoint Resident Assistant Seereurks and Attorneys 4s -Fact to represent and act for and on behalf of the Corposation and Agents to accept legal proem and make appearances for and on behalf of the Corporation. Section 46. Authority, The authority of such Reddeot Aednant SaaNarks, Attorneys -la -Fact and Agents shag be as prescribed In the Imusment evidencing their appoiutmmt. Any such appointment and all authority granted thereby may be revoked at anytime by the Board of Directors or by any person empowered to make inch appointment This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1994, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice-Preddrnt, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, in certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation:' IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice -Resident, and its corporate seal to be hereunto affixed this 1st dayof (D. STATE OF CALIFORNIA COUNTY OF MARIN June 1990 . THE AMERICAN INSURANCE COMPANY On this I SY dayof June , 19 90_, beforemepersotullycame R. D. Farnsworth to me known, who, being by me duly sworn, did depose and ay: that he is Vice -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein Fust above written. numnmmumsanrnng mmmmnrsrmnmrs■ OFFICIAL SEAL J. M. VANDEVORT NOTARY PUBLIC • CALIFORNIA g tract rwaar Principal Office in Marin County 6W frnminion Expims Aug. ]g. 1997 ; CERTIFICATE mnnmanuamwmmmunamsmnmrmmns v STATE OF CALIFORNIA l A COUNTY OF MARIN J( I, the undersigned. Resident Assistant Secretary of THE AMERICAN R the By-laws of the nd attached Corpo tion, and the ResolOF ution ATTORNEY the Board of full for Direm Signed and sealed at the County of Marin. Dated the L day of CIA) 360711-TA-6-90(REV) NEBRASKA Corporation, DO HEREBY CERTIFY that and furthermore that Article VII, Sections 45 and 46 of the Attorney, are now in fora. QQ'' ia�".k . 19 3L. a EXECUTED IN FOUR CO EP.PARTS BO NO.:SC 111 3292 7143, PERFORMANCE BOND Pr umAWEASED DATE 10-25 —(73 .KNOW ALL MEN BY THESE PRESENTS INITIALS That The Lusk Company,a California Corporation,(Lusk-San Juan Divis on) as Principal, hereinafter called CONTRACTOR, and The American Insurance Company , as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of 51,042,955. ONE MILLION FORTY-TWO THOUSAND nTT NIi vrm+nn cn s'T x'Tv_x T.uF wun ujD/jnn--____-_--Aollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents, WHEREAS, Contractor has by written agreement dated entered into a (describe agreement) Slope Landscaping, Tract 13866 (Area D1) which contract is by reference made a part hereof NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and voids otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHLA RESOLVED, thati I. 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 (ORPORATF, ACKNOWLEDGMENT State of CaliforniaOrdge SS. t aunty oft"Gtl lG�j OFFICIAL SEAL '"' DAVID G. GAMBERT ®. Notary Public-Colifornia- ORANGE COUNTY ` My Commission Expires March 26, 1994 ATTORNEY IN FACT ACKNOWLEDGMENT On this the_ 12th day of David G. Gambert CAL September 19 91 before me the undersigned Notary Public, personally appeared Donald D. Steffensen and Richard T. Deihl 19 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as Vice _President and Secretary or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. Wil ESS my handtd o ficial seal. Notary's Signature STATE OF CALIFORNIA ss, County ot...._._...........ii.....P&ANGE ............................ pp On this .. ........4Z ......_ ... day of- . « ............. in the year .. ...... �.....1. .................., before me, a Notary Public in and for said ......... �N.G.E " ... _..County, State of California, residing therein, duly commissioned and swom, personally appeared .... ..... ...............................................................ALA1�....6._...........LR....................................._personally known to me, ❑ proved to me on the basis of satisfactry evideum to be the person whose name is subscribed to this instrument as the atto a in fact of. ..THE...A.M.ER.�.. p_N . NCE COMPANY �F .0 MR -Fly- RAN CE THE MERICAN INSURA�! _ ....................................................... ...... and acknowledged to me thathe ❑ she subscribed the name of .............. -........................................... ......................................_........................-..............................................._..........thereto as surety, and iQ his ❑her own lame as attorney in fact. MART lUl � RI. 00U1and affixed my official seal, t day and year stated in this certificate above. IN WITNESS WyEREO F, Inhav hereun[�set� �y hand and � � �) R61 r NAL00 Notary Public NNa VUGimCgldp"is i OCE COUNTV My Comm. Exp. Marek 7. 1995 My commission expires........................... ........................ ..... ................... ............. ............... aaowa-.-n ." LL t It be taxed as coats and included in any judgment rendered. 2. Said Surety, Por value received, hereby stipulates and agrees that no change, extension of time, alteration, or modifi- cation of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this band, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this 12th day of September , 19 91 , at Tustin , California. APPROVED AS TO FORM. Page 2 - PEPFORMANc$ BOND PRINCI The Lusk Company,a California oration,(Lusk-San Juan Division) By: By: ` Secretary (NOTARIZATION AND SEAL) SURETY The American Insurance Company Alan L. Baer, Attorney-in-fact (NOTARIZATION AND SEAL) OF POWER THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the City of Omaha, State of Nebraska, has made, constituted and appointed, and does by these presents make, constitute and appoint . ---ALAN L. BAER--- SANTACA its trueand utAttorney(s)-in-Fact, with full powaandautlto haebycaofaTedioitsmne,plamaod Stead. to esewle,seal, acknowledge and deliver any and all bonds, undertaking, raogntirances or other written obligations in the net= thereof and to bind the Corporation thereby as fully and to the same extent as if Such bonds were signed by the President, soled with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VD. Appointment mod Authority of Resident Seaehdn, AnorugsasFact sad Agents to accept Legal Process; and Make Appearances. Section 45. Appointment. The Chairman of the Board of Dheelon, the President, soy Vice-Preddeat or any otber person authorized by the (bard of Directors, the Chairman of the Board of Directors, the Preddesd or any VI t Pneddmt may, from time to that, appoint Reddens Assistant Secretaries sod Atioroeys4n-Fact to represent and ad for and on behalf of the Corporation and Agents to accept kgml process and make appeanmas for and on behalf of the Corporation. Section 46. Aathodty. The authority of such Redden(Adstaut Secretaries, Attorneys -(n -Fact and Agents shall be as pdeser'bed in the instrument evidencing their appointment. Anysuch appointmeal and all authority granted timrebyanyberevoked at any time by the Board of Directors or by my person empowered to make such appo)utmensW This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of my Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affued or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and my power of attorney, my revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation:' IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Via-Prcddent, and its corporate seal to be hereunto affixed this 1st day of June 19 90 d,,.�C4%, `' '+''. THE AMERICAN INSURANCE COMPANY By STATE OF CALIFORNIA a COUNTY OF MARIN On this Icr dayof June ,19 90 - beforemepersomallycame R. D. Farnsworth he to me known, who, being by me duly sworn, did depose and say: that is Vice -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which ==red the above instrument; that he knows the seal of said Corporation; that the seat affixed to the said instrument is such corporate seal; that it was an affixed by order of the Board of Directors of said Corporatism and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my band and affixed my official ail, the day and year herein fust above written. nallmaIm ummmdmmm lnn mmMrsamm11a11u OFFICIAL SEAL J. M. VANDEVORT = (� NOTARY PUBLIC• CALIFORNIA g Na. rr.ak Principal Office in Marin Coumy Mr Camimuisn Expires Aug. 28.1992 CERTIFICATE MNmdIdall- - --mm------ YNN/mlmdNlMlm1� STATE OF CALIFORNIA COUNTY OF MARIN GE I, the undersigned, Resident Assistant Secretary of THE AMERICAN Il the foregoing and attached POWER OF ATTORNEY remain, in full for By-laws of the Corporation, and the Resolution of the Board of Directx Signed and Sealed at the County of Marin. Dated the 12 th day of 360711-TA-&90(REV) a NEBRASKA SEPTEMBER HEREBY CERTIFY that , Sections 45 and 46 of the 19 91 . EXECUTED IN FOUR CO RPARTS D NO. SC 111 4138 3767 PERFORMANCE BOND $20,353 DATE �0 X5-93 KNOW ALT. MEN BY THESE PRESENTSt INITIALS Qyj/_4YYn. j�j, That THE LUSK COMPANY,a California Corporation, (Lusk -San JuanJDivision) as Principal, hereinafter called CONTRACTOR, and THE AMERICAN INSURANCE COMPANY , as surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of $3,392,125. THREE MILLION THREE HUNDRED NINETY-TWO TH(L,CANN QNF HNNDRFn TWENTY-FTVF ANn Noit - Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents, WHEREAS, Contractor has by written agreement dated entered into a (describe agreement) Rough Grading, Tract 13437, (Area 132) which contract is by reference made a part hereof NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and voids otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, thatt 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to Y 10 I I he taxed as costs and included in any judgment rendered. 2. Said Suxety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modifi- cation of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this 13th day of August , 19 91 at Irvine California. APPROVED AS TO FORM. Page 2 - PERFORMANCE BOND PRINCI a Lusk Company,a California ation,(Lusk-San Juan Division) By: By' Secreta —, ry (NOTARIZATION AND SEAL) SURETY The American Insurance Company Alan L. Baer, Attorney-in-fact (NOTARIZATION AND SEAL) CORPORATE ACKNOWLEDGMENT State of Ca County of Orange ...................................... ......................:. On this the 13th Uay of August SS. David G. Gambert the undersigned Notary Public, personally appeared OFFICIAL SEAL DAVID G. GAMBERT Notary PubIIcCalifomla OIZANGE COUNTY My CommiWon E q*os 10 March 26, 1994 ATTORNEY IN FACT ACKNOWLEDGMENT CAL -24 91 19 before me, Donald D. Steffensen and Richard T. Deihl IN personally known to me IN proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as Vice President and Secretary or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WIT/NI55S my . , Notary's Signature seal. STATE OF CALIFORNIA �- County of ....1 ORANGE '�I p On this .. ....1 \:.. ... day of .. _......., in the year _\ -!.............................. ......, before me, a Notary Public in and for said ................... ... (.) NG.Ee� �f,�...... p . ...... County, tate of California, residing therein, duly commissioned and sworn, personally appeared ..................... ........................... t Ufl L. RAI -If. .... ......-.......rj personally known to me, ❑ proved to me on the basis of satisfactory evidentt to be the person whose namesigysubscribed to this instrument as the a in fact of IFiE.._AMERICAN.,INSURANCE COMPANY and acknowledged to me that I�he ❑ she subscribed the name of ....�� �MERICAN INSUR4CE COl..... _ ......... .thereto as �` ..._ .._I ........ ....... surety, ands ❑ her own name as attorney in fact. IN WITNES HEREOF, 1 have hereunto set my hand and affixed my official seal th day stated in this certificate above. OFFICIAL PEAL `r'->..-`..'_-.......= MARIA LU FS. 1GUINALDO otary Public t Notargg Public-Galilania OIiANGF C6UN', Y My Comm. Exp March 7. 1995 My commission expires ......_ ......................_...._._._...._.. _...._................... aaroaa—r-sa GENERAL • • PATTTORWERN Y THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the City of Omaha, State of Nebraska, has made, constituted and appointed, and does by these presents make, constitute and appoint . SANTA �N� CA itstruem w ui�Attorne-A )-in-Fact, with full power and authoritybaebycoufertedm its name, piaeeand stead. mexecute. seat, acknowledgeand detiverany and all bonds, undertaking, recognisances or other written obligations in the naturethereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confuming all that the said Anoraey(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-lews of THE AMERICAN INSURANCE COMPANY now in full form and effect. "Article VII. Appolatarent and Authority ofReddeat Secretaries, Attorneysda-Fact and Ageaft to stapt Legal ProonrSuit Make ApparsAM. Section 45. Appointment. The Chairman of the Board of Directors, the Preddmt, any Vice -President or nay other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or my VktPreddeat may, from time to thae:, appoint Residual Assistant Secretaries and Attorneysdn-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 46. Authority. The authority of such Resident Assistant Secretaries, Attorneys-ia-Fact and Agents sMg be as prescribed in the instrument evidencing their appointment. Anysueh appointment and all authority granted therebymay be reveked at anytime by the Beard of Directorsor by any person empowered to make such appointment:, This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation!' IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Via -President, and its corporate seal to be hereunto affixed this 1st dayof STATE OF CALIFORNIA COUNTY OF MARIN June t 19 90 THE AMERICAN INSURANCE COMPANY On this l ct dayof .Tune 19 90 - before me personally came R. D. Farnsworth to me known, who, being by me duly sworn, did depose and nay: that he is Vice -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affuted my official seal, the day and year herein fust above written. tglarmNmaaampe/gappprrassernuveniness sec■ �} OFFICIAL SEAL ' L M.VANDEVORT "= y NOTARY PUBLIC -CALIFORNIA g Nomrtbem Principal Office in Marin County = My Commission Expian Aua. 29, 1992 {; CERTMCATE INNpNMNN/1N1yprNprUNrNlImtslNlmarN� STATE OF CALIFORNIA COUNTY OF MARIN ` By-laws of the Corporation, and the Resolution of the Board of Directors; sax Signed and sealed at the County of Marin. Dated the day of 360711 -TA -6 -"(REV) OMPANY,a NEBRASKA Corporation, DO HEREBY CERTIFY that ban revoked; and furthermore that Article VH, Sections 45 and 46 of the the Po, er of Attorrn^M are now in fora. Q, 19 �. EXECUTED IN FOUR CERPARTSBolo. SCR 111 3292 7150 PERFORMANCE BOND Pre uum: $ 4,954. RELEASED KNOW ALL MEN BY THESE PRESENTS % DATE That THE LUSK COMPANY, a California Corporation, (Lusk- an Sion) as Principal, hereinafter called CONTRACTOR, and THE AMERICAN INSURANCE COMPANY , as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of $ 825,670. EIGHT HUNDRED TWENTY-FIVE THOUSAND, crY MQm_� nim yn 5EVE0TV Arun mn/inn-------------- DzIlare for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated entered into a (describe agreement) Slope landscaping, Tract 13437, (Area D2) which contract is by reference made a part hereof NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and voids otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, thati 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to L I .0 N be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modifi- cation of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this 12th day of September , 19 91 at Tustin , California. APPROVED AS TO FORM. Page 2 - PERFORMANCE BOND PRINC The Lusk Company, a California oration,(Lusk-San Juan Division) By: g. OE By: ry (NOTARIZATION AND SEAL) SURETY The American Insurance Company Alan L. Baer, Attorney-in-fact (NOTARIZATION AND SEAL) ATTORNEY IN FACT ACKNOWLEDGMENT STATE OF CALIFORy Connty of U�NGE /y [y On this .. _. ........ da of ... .... ............. in the year ..... ..U.:. L _L.� ._._............, before me, a Notary Public in and for said y y . .... QEA,%Tr'r.. ....County, State of California, residing therein, duly commissioned and sworn, personally ......... ........ _ . appeared .._.._......._.._......... .........................._.._......._...ALAN....L..D11ER.........................._..._.....11personally known to me, ❑ Proved to me onthe Cis of satisfactory evldentt THF AIN!"Pu`AN INSIM .f . COMPANV to be the person whose name is subscribed to this instrument as the alto ey in fact of.............:.............................................................................'..._........................_................_.........--....... and acknowledged to me that jhe E) she subscribed the name of ......THE ....A[YIERIGAN.....I..N...S.11 RANEE ,COMPANY .................................................................................thereto as surety, and I his ❑ her own name as attorney in fact. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal t day and year stated in this certificate above 0 , .n - wr.a►a OFFICIAL SEAL MA ALU1SAR AGUINALDO .............. __._ Notary rY...Public PCallotary PuphNorma ORANGE COUNTY ................ ._.......... My Comm. Exp. March 7, 1995 My commission expires ........................... ........._._............. ........... ...................... ................ ........ ... .140out-1-a] ( ORPORATF, A('KNOWLEDCMENT Stale of California. Or ge l ounty'ot OFFICIAL SEAL DAVID G. GAMBERf Notary Public-Calltorrtla ORANGE COUNTY ` My Commission Expkef March 26.1994 On this the-- 2-th_day of David G. Gambert September the undersigned Notary Public, personally appeared CAL- .................. 91 19— before me, Donald D. Steffensen and Richard T. Deihl EF personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as Vice President and Secretary or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WI FN IiSS my hand And gfficial seal. Notary's Signature GENERAL . eiroR.NEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated order the laws of the Sate of New Jersey on February 20, 1846, and redomesticated to the Sate of Nebraska on June 1, 1990, and having its principal office in the City of Omaha, Sate of Nebraska, has made, constituted and appointed, and does by these presents make, constitute and appoint . ---ALAN L. BAER--- SANTA CA its we and ui'Attorney(s}in-Fact, with full power and authorirybuebyconfemd in itsmne, plea and stand, to execute. sued. acknowledge and deliver any and all bonds, undertaking, recogniranas or other written obligations in the net= thereof and to bind the Corporation thereby as fully and to the tame micut as if such bonds were signed by the Resident, sealed with the corporate seal of the Corporation and duty attested by its Secretary, hereby ratifying and coufrrming an that the said Attomey(s)-in-Fact may do in the premises. ibis power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in fun fora and effect. "Article VII. Appointment sdAutbority of Resident 5eoasarfq Arroraeys•la-Facf MWApsrr to Accept! leplPromarand MakeAppeasaoces. Section 45. Appointment. The Chabman of the Board of Directors, the President, any, Vite-Preddent or any other pursue authorized by the Board of Directors, the Chairman of the Board of Directors, the President or soy Via-Preddeat my, from time to time, appolnt Reddest Assistant Secretaries and Attoroeya4o-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 46. Authority. The authority of such Resident Assistant Swetarles, AtterneyMn-Fact and Agents shall be an proscribed In the iMrame et evidencing theirappolatment. Any such appolutmenl and all authority granted tbssebymay bemaked at any date bythe Board of Directors orby any person empowered to make such appointment." This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of Jub8 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Via -Resident, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature OF fatmmile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vico-Residem, and its corporate seal to be hereunto affixed this 1st dayof June 19 90 e + THE AMERICAN INSURANCE COMPANY s`•.x�i ce•�� By Yap[-I4mdmt STATE OF CALIFORNIA m. COUNTY OF MARIN On this 1AL dayof June 19 9r) ,beforemepersonallycame R. D. Farnsworth to me known, who, being by me duly sworn, did depose and say: then he is Vice -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official said, the day and year herein fust above written. �ssaxwwxasuxxxsxwxnssaxxwsenammmmw OFFICIAL SEAL C r 1. M. VANDEVORT ? (� NOTARY PUBLIC -CALIFORNIA NwurPnMr Principal Office in Marin County E My 4mminiwt Esrkes Aug. 2L 1992 CERTMCAi'E xaxxxxlaaexaxxxexxaxxxxeax111xaexexem STAM OF CALIFORNIA l COUNTY OF MARIN I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY. a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in fun form and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in form. Signed and seated at the County of Marin. Dated the 12th dayof SEPTEMBER 19 91 '`+,.�i•rr�t a.:avu,tr.r sr=wwr 360711-TA-6-90(REV) MEMORANDUM October 25, 1993 TO: Dawn Schanderl, Deputy City Clerk FROM: Daniel W. McFarland, Building & Safety Manager Department of Engineering and Building SUBJECT: Bond Release for Lusk Company, Lomas San Juan Areas D-1 & D-2, Bond No.'s SC11132927143, SC11132927168, SC11132927150, SC11141383767 This memo serves as authorization to release the referenced bond Noss SC 11132927143, SC11132927168, SC11132927150, and SC11141383767 in the amounts of $1,042,955, $3,493,370, $825,670, and $3,392,125 respectively for grading at Tract 13866 (D1) and Tract 13437 (D2). The work covered by these bonds has not occurred and the permits have expired. Permit No.s are 21903-B for Area D-1 and 2I904 -B for Area D-2. Attached are copies of the referenced bonds. It should be noted that the bonds posted for Lusk Areas C-1 and C-2 shall remain in effect. DM/st cc: Building File Attachments October 26, 1993 Mr. William R. Brasher The Lusk Company 17550 Gillette Avenue P.O. Box C-19560 kvine, CA 92713 Re: Lo-M-ds5aef5uan. Area D1 be D2 Dear Mr. Brasher: In response to your request, the Surety Bonds that were posted to insure completion of the grading and on site improvements within Tracts 13866 and 13437 have been released for exoneration due to the fact that no grading has occurred within the subject areas. Your letter of September 17, 1993 states that no permits had been issued for the D1 and D2 areas, however, a search of our files found that grading permits had been issued on September 18, 1991. Since no grading work was begun within 180 days of the date of permit issuance, the grading permits have expired by limitation. As a condition of the release of the surety bonds, the grading permits must be declared expired. This letter is to formally advise you that grading permits 21903B for area D-1 and 21904B for area D-2 are null and void and have expired. Before new permits can be issued replacement surety bonds would be required and any applicable fees must be paid at the time of permit issuance. I trust this information is helpful for your purposes. If you have any questions or need further clarification, please contact me. Sincerely, ^' "444 JV Y M' Daniel W. McFar and Building Official DWM/st cc: Rick Curtis, Glendale Federal Bill Huber Permit file 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 Q MEMBERS OF THE CIT' COUNCIL COLLENE CAMPBELL QJ GARY L. I USDORFER nulrRnN GIL JONES CAROLYN NASH nuWtlp 1161 JEFF VASOUEZ 1776 • A . CRY MANAGER GEORGE SCARBOROUGH October 26, 1993 Mr. William R. Brasher The Lusk Company 17550 Gillette Avenue P.O. Box C-19560 kvine, CA 92713 Re: Lo-M-ds5aef5uan. Area D1 be D2 Dear Mr. Brasher: In response to your request, the Surety Bonds that were posted to insure completion of the grading and on site improvements within Tracts 13866 and 13437 have been released for exoneration due to the fact that no grading has occurred within the subject areas. Your letter of September 17, 1993 states that no permits had been issued for the D1 and D2 areas, however, a search of our files found that grading permits had been issued on September 18, 1991. Since no grading work was begun within 180 days of the date of permit issuance, the grading permits have expired by limitation. As a condition of the release of the surety bonds, the grading permits must be declared expired. This letter is to formally advise you that grading permits 21903B for area D-1 and 21904B for area D-2 are null and void and have expired. Before new permits can be issued replacement surety bonds would be required and any applicable fees must be paid at the time of permit issuance. I trust this information is helpful for your purposes. If you have any questions or need further clarification, please contact me. Sincerely, ^' "444 JV Y M' Daniel W. McFar and Building Official DWM/st cc: Rick Curtis, Glendale Federal Bill Huber Permit file 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 EXECUTED IN FOUR COU RPARTSand No. SCR 111 3292;7135 PERFORMANCE BOND Oemium: $22,751 L KNOW ALL MEN BY THESE PRESENTSs That THE LUSK COMPANY,a California Corporation, (Lusk -San Juan Division as Principal, hereinafter called CONTRACTOR, and THE AMERICAN INSURANCE COMPANY as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of $ 458,445. FOUR HUNDRED FIFTY-EIGHT THOUSAND, FOUR HUNDRED FORTY-FIVE AND NO/100---------- gelaars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated entered into a (describe agreement) Slone lanascanina. Tract 13436, (Area C2) which contract is by reference made a part hereof NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and voids otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, thats 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fAes, incurred by City in successfully enforcing such obligation, all to 4 be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modifi- cation of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this 12th day Of September 1 lg 91 at Tustin California. APPROVED AS TO FORM. Page 2 - PERFORMANCR BOND Lusk Company, a California gration,(Lusk-San Juan Division) (NOTARIZATION AND SEAL) SURETY The American Insurance Company Alan L. Baer, Attorney-in-fact (NOTARIZATION AND SEAL) u ATTORNEY IN FACT ACKNOWLEDGMENT STATE OF CALIFORNIA ss. County of............................I ANGE.. .......... iQ p On this ....... �a' `- . ... day of ..... ........., in the year .......... \.. `- l......................... before me, a Notary Public in and for said p�iiQGE ALAN t(1 Y�t'y .....County, State of California, residing therein, duly commissioned and sworn, personally appeared .............. ......._...................................... ....,........„L„'Y._�t....._QSrt._._.............................. personally known to me, ❑ Proved to me on the basis of sit pry evidence to be the person whose name i subscribed to this instrument as the attorney in fact of._THE ,AMERICAN INSURANCE COMPANY ...._...................................................................................................................... and acknowledged to me that he ❑ she subscribed the name of ........... PRE AMI surety, and[`his E]her own name as attorney in fact. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official 3e00sx-1-83 ('ORPORAIIS: A('KNONVLEDGMENT Slate of California Or ge County of SS. '�/ oFFIC1.41 SEAL ` DAVID G. GAMBERT F�*ri l •, OFFICIAL SEAL MARIA LUISA R. AGUINALf10 Notary Public -California ORANGE COUNTY My Comm. Exp. March 7, 1995 3e00sx-1-83 ('ORPORAIIS: A('KNONVLEDGMENT Slate of California Or ge County of SS. '�/ oFFIC1.41 SEAL ` DAVID G. GAMBERT � Note�7 FLbI;'c-Celifornlo ORANGE C )UNTY ny Ccnmiscion Expires Mcrch 26, 1 N4 seal, day and year stated in this certificate above. Notary Public My commission expires On this the_ 12.th_cjay of David G. Gambert September the undersigned Notary Public, personally appeared as CAL-: 199 before me, Donald D. Steffensen and Richard T. Deihl ft personally known to me ❑ proved to me on the basis of satisfactory evidence to be the persou(s) who executed the within instrument as Vice President and Secretary or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. W Ij:PkESS my Notary's Signature seal. GENERAL • • WER OF ATTORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1946, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the City of Omaha, State of Nebraska, has made, constituted and appointed, and does by these presents make, constitute and appoint . ---ALAN L. BAER--- SANTACA its true and ul'Attomey(s)-in-Fact, with full power and authority hereby conferred in its music. place and geld, to execute. seal, acknowledge and deliver any and all bonds, undertaking, recognizances or other written obligations in the nature thereof _--- — and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)sn-Fad may do in the premises. This power of attorney is granted pursuant to Article VII. Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full form and effect. "Article VD. Appointment and Authority of Resident Secretaries, Attorsstyx4a-Fad amdAgents to Accept JspiPrucew sedALkeApPeArROM. Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vke-Peesidesu or my other person mthodzed by the Board of Directors, the Chairman of the Board of Directors, the President or my Vice- tesident may, from time to time, appoint Resident Assistant Secretaries and Attorneys,in-Fad to represent and ad for and on behalf of the Cmporstion and Agents to accept legal poem and make appearances for and on behalf of the Section 46. Authority. The authority of such Resident Assistant Secretaries, Attomeyedo-Fad and Age sisska9 be as prescribed In the Instrument evidencing their appointment. Any such appointment and all mthority granted thereby any be moked at my time by the Board of Directors or by lay person empowered to make such appointment This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1994, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attomey, on anyrevoation of any power of attorney, or on my certificate relating thereto, by facsimile, and any power of attorney, my revocation of my power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation.' IN WITNESS WHEREOF THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vioe-President, and its corporate seal to be hereunto affoxed this 1st dayof June 19 90 p THE AMERICAN INSURANCE COMPANY BY Yea-Pel STATE OF CALIFORNIA COUNTY OF MAR1N as. On this I s t day of 7++*rP 19.x.0._. beforeme personallyan a R. D. Farnsworth to me known, who, being by me duly sworn, did depose and say: that he is Vice -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first shove written. gumosimmmuMMnovonmirtrMr."mn"nnamE B OFFICIAL SEAL x ` J. M. VANDEVORT _a V NOTARY PUBLIC • CALIFORNIA e o trusses principal Dtfice in Marin County x Air Commission Ixpkes Aup. 22.1991 CERTIFICATE :nmxnamnuaswwnaxxtousnarsaumoaawori s STATE OF CALIFORNIA ` COUNTY OF MARIN I, the undersigned, Resident Assistant Secretary of THE AMERICAN 11 TRANCE COMPANY, a NEBRASKA Corporation, DO HERERYCERTIFY that ad has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the set forth in the Power of Attorney, are now in fora. Signed and sealed at the County of Marin. Dated the 12 t h day of SEPTEMBER 360711-TA-6-90(REV) 19 9f -'• EXECUTED IN FOUR CO ERPARTSand No. SCR 111 3292,7135 PERFORMANCE BOND Wemium: $2,751 ow.. KNOW ALL MEN BY THESE PRESENTS: That THE LUSK COMPANY,a California Corporation, (Lusk -San Juan Division) as Principal, hereinafter called CONTRACTOR, and THE AMERICAN INSURANCE COMPANY as surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of $ 458,445. FOUR HUNDRED FIFTY-EIGHT THOUSAND, FOUR HUNDRED FORTY-FIVE AND NO/100---------- Bel-lars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents, WHEREAS, Contractor has by written agreement dated entered into a (describe agreement) Slone langscaning, Tract 13436, (Area C2) which contract is by reference made a part hereof NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void, otherwise it shall remain in full force and effect. Surety waives whatever legal right It may have to require that a demand be made first against the principal in the event of default. BE IT FURTMER RESOLVED, that 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to *a be taxed as costa and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modifi- cation of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder, Executed this 12th day of September , 19 91 at Tustin California. PRINT The Lusk Company, a California on, Lusk -San Juan Division) By: =.-A= I— _1� Secretary APPROVED AS TO FORM. (NOTARIZATION AND SEAL) n�'Q R. Shaw Attorney Page 2 - PER.FORMANCR BOND SURETY The American Insurance Company Alan L. Baer, Attorney-in-fact (NOTARIZATION AND SEAL) ('ORPORATE ACKNOWLEDGMENT Stale of California _r ` ountV A } SS. OFFICIAL SEAL DAVID G. GAMBERT .. Notary Public•Californic' 2 ® ORANGE C`)IJN1Y My Ccmmission Expires March 26. 1994 ATTORNEY IN FACT ACKNOWLEDGMENT CAL -6 ................ 12th September 91 On this the----- ay of 19_ before me, ; David G. Gambert ' the undersigned Notary Public, personally appeared •/ Donald D. Steffensen and Richard T. Deihl personally known to me Cl proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as vice President and Secretary or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WI f SS my 1' nd a td o i ial seal. �' Notary's Signature ;( ... _ _ _.......................................................... ((( STATE OF CALIFORNIA (ss, Count vof rryR.ANGE On this t` ..... ........... day of `...... in the year .....1....\. `..I. . ........_...., before me, a Notary Public in and for said [aRANG ' (J County, late of California, residing therein, duly commissioned and sworn, personally pp� a appeared ........ ....... ,f14t� ... ..... ....... ..... personally known to me, ❑ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument as the attorney in fact cf.THE_._AMER!CAN .INSURANTF COMPANv .................. and acknowle ged to me that *he ❑ she subscribed the name of...THE...AMERICAN....INSURANG.... GO MPANY ..thereto as surety, andhis E -]her own name as attorney in fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, day and year staled in this certificate above./�\ =OF ICIAL SEAL "� !SA P.. AGU!NALDO otar Public Puhilr.-Califmnia NGE COUNTY Exp. March 71995 My commission expires ............. ....._........_............. ........ _._............_.................................. ......... 3s 2-1b3 G • i POWER THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the City of Omaha, State of Nebraska, has made, constituted and appointed, and does by these presents make, constitute and appoint . ---ALAN L. BAER --- SANTA p� CA itstrue and fa ufAitomey(s)-in-Fact, with full power and authoftberebyconfemed inks nam pltmandateod.toeueutc wW.acknowledgeaudde(ivaany and all bonds, undertaking, recognisances or other written obligations in the nature thereof and to bind the Corporation thereby w fully and to the same extent as if web bonds were signed by the President, sealed with the corporate seal of the Corporation and duly *treated by its Secretary, hereby ratifying and confirming all that the said Aftomey(*in Fact May do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full form and effect. "Ankle VD. Appolatmeat and Authority ofReaVent.Seererarks6 AburnoysIo-FadandAires"toatcepfLerdProoras aadMakeAPPetrx s. Section 43. Appointment. The Chairman of the Board of Direelors, the President, any Vice -President w any other person authorized by the hoard of Directors, the Chairman of the Board of Directors, the President w any Vim-Ptddent may, tram time to time, appoint Resident Adsunt Secretaries and Atiomeys is-Factto represent and set for and on behalf of the Corporation and Agents to accept kyal process and matte appearance; for and on behalf of the Corporation. Section 46. Authority. The authority of such Resident Assistant Secretaries, Attorneys -in -Fad and Agents doll be as prestrmed in the instrument evidencing theirappointmeut. Anymcb appointment and all authority granted thereby may berevoked at anytime bytbeBoard of Directors wby my person empowered to make web appointment:' This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 3lst day of July, 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney. or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation" IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Via -President, and its corporate seal to be hereunto affixed this I s t day of �4ti i JhelhfLCOi'! STATE OF CALIFORNIA COUNTY OF MARIN June U3 19 _L0_. THE AMERICAN INSURANCE COMPANY On this I q1— day of .Tana 39 ��, before me personally came R. D. Farnsworth to me known, who, being by me duly sworn, did depose and say: that 6e is Via -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the sew affued to the said instrument is such corporate seal; that it was an affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like oder. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal, the day and year herein first above written. 3nrntsuxrxsuxxasxxssmstsxwdsxs I ■ OFFICIAL SEALr J. M. VANDEVORT 6 L/ NOTARY PUBLIC -CALIFORNIA nw cozens Principal Office in Marin County My Commission tapims Aug. 28. 1997 CERrMCATE IlaxxxtspaxrpxxxrxNWxxxrlxxrN\Marxz STATE OF CALIFORNIA as. COUNTY OF MAKIN I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY,a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full fora and has nes been revoked; and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attomex are now in face. Signed and sealed at the County of Marin. Dated the 12th day of SEPTEMBER 360711-7:4fi-90 (REV) i 19 91 EXECUTED IN FOUR COU#PARTS BOO. SCR 111 1920 1454 PERFORMANCE BOND PR M: $ 1,347 // /`� 7_ KNOW ALL MEN BY THESE PRESENTSi That THE LUSK COMPANY,a California Corporation,(Lusk-San Juan Division) as Principal, hereinafter called CONTRACTOR, and THE AMERICAN INSURANCE COMPANY as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of $224,430. TWO HUNDRED TWENTY-FOUR THOUSAND, -FOUR Dollars for payment whereof m„ ,,mn .mli�, Contractor and Surety bind themselves, thair heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents, WH%REAS, Contractor has by written agreement dated entered into a (describe agreement) Slope landscaping, Tract 13865, (Area C1) which contract is by reference made a part hereof NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and voids otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, thati I. As a part of the obligation secured hereby, and in addition to the faoe 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 r , A 4 r� L be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modifi- cation of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this 12th day of September , 19 91 , at Tustin , California. The Lusk Company, a California Corporation,(Lusk-San Juan Division) APPROVED AS TO FORM. (NOTARIZATION AND SEAL) Attorney Page 2 - PERFORMANCE BOND SURETY The American Insurance Company Alan L. Baer, Attorney-in-fact (NOTARIZATION AND SEAL) U ATTORNEY IN FACT ACKNOWLEDGMENT STATE OF CALL' "NGE County of ... .... .. .... 11 Ly On this--..- _.L �- `In. ......... day of t ........ .............. in the year .....�....\.a) ....._............, before me, a Notary Public in and for said ..,._._?R.A.NGI' ..._�_ e.rrpp .. ....... ....County. State of California, residing therein, duly commissioned and sworn, personally appeared.......... ......................._............ ALAN L BAER personally known to me, ❑ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument as the attorney in fact of..._ THE ._AMERICAN ....IIii.S.URAIy C.E...C.JMRANY......................... and acknowledged to me that he ❑ she subscribed the name ofTHE-AMERICAN .LSURAD.C�..._COMPANY._..,__,_...__.._..,_ ................... thereto as surety, and This ❑ her own name as attorney in fact. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal, the\��{V\y1y and year stated in this certificate /above. 300042—r -e3 CORPORATE ACKNOWLEDGMENT State of California £t SS. County of �Ctl�G1�i OFFICIAL SEAL DAVID G.GAMBERT Notary FLbllc-Callfomla • ORANGE COUNTY My Commission Expires March 26.1994 Notary PuNIc4a!dornia CRD.NGE [AUNTY My Comm. Exp. March 7, 1995 M commission expires ... 12th On this the day of David G. Gambert September the undersigned Notary Public, personally appeared CAL -24 91 19before me, Donald D. Steffensen and Richard T. Deihl personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as Vice President and Secretary or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. my handpand pfficial seal. Notary's Signature GENERAL POF AT MRNEEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the City of Omaha, State of Nebraska, has made, constituted and appointed, and does by them presents make, constitute and appoint . ---ALAN L. BAER--- SANTACA its trueend utAttorru:y($}I Fad, with full power a uthoriryberebyconfared in itaname, plaaaodatead,meaecute, seal, aekoowfedge and ddiva any and all bonds, undertaking, recogwanoes or otba written obligations in the nature thereof and to bind the Corporation thereby as fully and to the same extent in if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confvming all that the saiclAttosney(s)4m-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sations45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full fora and effect. "Ardde VD. Appoiatarcat srad Aot"ifry of Reddest 8evatade4 Atlsraeysda-Fartaad Agraer 10secsprLeguf ProaeRasdM&kcAppearao Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vice -President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Via -President spay, from time to doe, appoint Resident Assistant Secretaries and Attorn ys4ii-Fact to represent and act for and oo behalf of the Corporadou and Agents to acspt legal process and make appnranw for and on behalf of the Corporation. Section 46. Authority. The authority of sdcb Resident Assistant Secretaries, Attorueys4o-Fad and Agents shall be as prescribed in the Instrument evidencing their appointment. Any such appolatment and all authority granted thereby may be moked at any time by the Read of Dbectorsorby soy person empowered to make such appointment.' This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vioe-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attomey, on any mociation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attomey, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation:' IN WITNESS WHEREOF THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate seal to be hereunto affixed this 1St day of STATE OF CALIFORNIA COUNTY OF MARIN June 19 90 THE AMERICAN INSURANCE COMPANY On this l St dayof .Turip 19 90 - beforemepersonallyame R. D. Farnsworth to me known, who, being by me duly sworn, did depose and say: that he is Vice -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed byorder of the Board of Directors of said Corporation and that he signed his tame thereto by Like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein fust above written. tpsswxx/xwsssxR/xwwntmxmrRmmmm�� OFFICIAL SEAL = t J. M. VANDEVORT NOTARY PUBLIC • CALIFORNIA nmwr wa r Principal Office in Marin County his Commission lapims Aug. 28. 1992 f CERTIFICATE axxRNxxx/a/RRR/MRW/Ixxuxrxxsrsr///rat STATE OF CALIFORNIA ss. COUNTY OF MARIN f, theundmignd, Resident Assistant Secretary of THE AMERICAN INSURANCECOMPANY,a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full for and hasnot been revoked; and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, surd the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and mated at the County of Marin. Dated the 12th day of SEPTEMBER 19 91 L J�'y�i'ccO• asdmUu4wotSmwmr 360711 -TA -6.90 (REV) EXECUTED IN FOUR COU PARTS BO O. SCR 111 1920 1454 PERFORMANCE BOND PR M: $ 1,33447/' , KNOW ALL MEN BY THESE PRESENTS% That THE LUSK COMPANY,a California Corporation, (Lusk -San Juan Division) as Principal, hereinafter called CONTRACTOR, and THE AMERICAN INSURANCE COMPANY , as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of $224+430. TWO HUNDRED TWENTY-FOUR THOUSAND, FOUR uuNcarn T.WTomv rwn ow,cln -- -------------Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated entered into a (describe agreement) Slope- landscaping, Tract 13865, (Area Cl) a which contract is by reference made a part hereof NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and voids otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. B$ IT FURTHER RESOLVED, thati 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and lees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to r. 0 be tax -ad as coats and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modifi- cation of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this 12th day of September , 19 91 at Tustin California. APPROVED AS TO FORM. Page 2 - PERFORMANCE BOND PRI �e Lusk Company, a California rporation,(iusk-San Juan Division) By ice i e By: Secretary (NOTARIZATION AND SEAL) SURETY The American Insurance Company Alan L. Baer, Attorney-in-fact (NOTARIZATION AND SEAL) CORPORATE ACKNOWLEDGMENT State of California SS. County of Orange OFFICIAL SEAL DAVID G. GAMBEW Notary Public-Colifomia ® ORANGE C ;UNTY My Commission Expres March 26.1994 ATTORNEY IN FACT ACKNOWLEDGMENT CA i.-24 On this the_ 12th ,tay of September 1911 1 before me, David G. Gambert the undersigned Notary Public. personally appeared Donald D. Steffensen and Richard T. Deihl personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as Vice President and Secretary or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. ESS my hand and gffScial seal. Notary's Signature STATE OF CALIFORNIA County of . .......... On this ..... ,'C day of ... ...... in the year .,�R. �...... ..........._......, before me, a Notary Public in and for said -- -.. N tt� .... pDinI ..County, State of California, residing therein, duly commissioned and sworn, personally appeared .... ....... ALAN _L BAt .. __. ............. q personally known to me, ❑ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument as the attorney in fact of..T..HE....AM.F.P,1CAN.....I.N.SHRA"r.r._rr)4IPANIV and acknowledged to me that he ❑ she subscribed the name of......T.HE...AM.ERIC.AN... INSURAiNCE.....Q-010PANY.,.,_.................... ............ thereto as surety, and 3 his ❑ her own name as attorney in fact. IN WITNES WHEREOF, I have hereunto set my hand and affixed my official seal, th day and year stated in this certificate above. bFFIUAL SEAL MARIA LUISA ft 1CUINAL00 sem..... ``�?N" ..C............ Naiaryy PulAic (aulo:nia Notary Public ��\�\ tg� CRAIVGE COUNfY J My Comr,:. Exp. March 7, 1995 My commission expires ...................... esow:—r-ea POWER L • • ATTORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on June I, 1990, and having its principal office in the City of Omaha, State of Nebraska, has made, constituted and appointed, and does by these presents make, constitute and appoint . ---ALAN L. BAER--- SANTACA its true and ufAttorney(s)-in-Fact, with full power andauthorityberebyconhrredinitsname, place and stead. to execute. seal, acknowledge and deliver any and all bonds, undertaking, raognirances or other written obligations in the nature thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, haeby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full fora and effect. "Artlde VII. Appointment and Authority of Resident 8ectefades, Aafara4s-len-Fact and Arab to aooepf Legal Process aadM&keAppearsoar. Section 45. Appointment. The Chabman of the Board of Directors, We President, any Vh:Preddeel or any other person authorized by We Board of Directors, the Chabmao of the Board of Directors, the President or any Vlc •Preddeet mq, from time to time, appoint Resident Assistant Secretaries and AHoroeyf-le-Fad to represent and act for and on behalf of the Corporsdon and Agents to accept legal proem and make appearances for and on behalf of the Corporation. Section 46. Aathodfy. The authority of such Resident Assistant Sevelarles, Attorneys -lo -Fad and Agents shag he as preacribed in the Instrument evidencing their appointment. Any such appohtment and all authority granted thereby maybe revoked at my than by the Board of Directors or by any person empowered to This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, my revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Viee-President, and its corporate seal to be hereunto affixed this 1St dayof June 19 90 '+'•• THE AMERICAN INSURANCE COMPANY CI) BY _ � Y,SPI�COI STATE OF CALIFORNIA m. COUNTY OF MARIN On this t cr dayof htnP 1990 R. D. Farnsworth ,dorc tome known, who, being by me duly sworn, did depose and say: that he uVia-President off persooailycame THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the sal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his time thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein fust above written. rRasamaNMNNR W NRRaaRNNaNRH1 RMHHIIs OFFICIAL SEAL Ct J. M. VANDEVORT a (� NOTARY PUBLIC • CALIFORNIA ueo s avwr Principal Office in Marin County k r carrimistion fapins dal. 20, 1992 CERTIFICATE IHNNNtaNarrepRRRaNNWRNNNN1arNtWHN� l STATE OF CALIFORNIA COUNTY OF MARIN Signed and sealed at the County of Marin. Dated the 12th 360711 -TA -6 -"(REV) m. Db HEREBY CERTIFY that VII, Sections 45 and 46 of the dayof SEPTEMBER 19 91 . e4� e? 44� aeidl Araaela.vewr ,EXECUTED IN FOUR COU ""RPARTS BONO. SC 111 1920 1470 PERFORMANCE BOND Pre*:$ 9,868 SCP/ KNOW ALL MEN BY THESE PRESENTSI That THE LUSK COMPANY, a California Corporation,(Lusk-San Juan Division) as Principal, hereinafter called CONTRACTOR, and THE AMERICAN INSURANCE COMPANY , as surety, hereinafter called SURETY, are hold and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of $1,644,700 ONE MILLION SIX HUNDRED FORTY-FOUR THOUSAND swan, Dollar$ for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents, WHEREAS, Contractor has by written agreement dated entered into a (describe agreement) Rough Grading, Tract 13436, (Area C2) which contract is by reference made a part hereof NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and voids otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, that, 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to I ti � k be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modifi- cation of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder, Executed this 13th day of August , 19 91 , at Irvine California. PRIN The Lusk Company,a California o oration,(Lusk-San Juan Division) By: By. sews"ry APPROVED AS TO FORM. (NOTARIZATION AND SEAL) R. Shaw Attorney Page 2 - PERFORMANCE BOND STJRETy The American Insurance Company Alan L. Baer, Attorney-in-fact (NOTARIZATION AND SEAL) CORPORATE ACKNOWLEDGMENT CAI. 94 State of California On this the--13th,tay of August l9 91 before me, SS. David G. Gambert County of Orange ) the undersigned Notary Public, personally appeared ,.•_ OFFIC!A.LSEAL .••. DAVID G. LAMBERT Notory Public -California ® ORANGE C')UNiV My Commission Expires Match 2b.199d ATTORNEY IN FACT ACKNOWLEDGMENT Donald D. Steffensen and Richard T. Deihl In personally known to me 6 proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as vice President and Secretary XFXon behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WITICES\S my hand an¢ off(cial seal. Notary's Signature STATE OF CALIFORNIA County of r. ANGE On [ht+ .. day of ..........— in the year. .....�a`.j.�. O 171 RANGE before me, a NotaryPublic i and for aid -- --D �p .....County, State of California, residing therein, duly commissioned and sworn, personally appeared .... ._ALAN �....k7AE ...................... L,Y(Il�Personally known to me, _.n [I Proved to me on the basis of sati PAN evidence to be the person whose name is subscribed to this instrument as the attorney in fact of.......T..HE AMERICAN ..,_INSURANCE COMPANY and acknowledged to me that he ❑ she subscribed the name of _THE .AMERICAN ik , - �tC� COMPANY thereto .. ................... ................ ere o as ............................................................... ......................................................... surety, and his E) her own ame as attorney in fact. IN WITNESS HEREOF, I have hereunto set my hand and affixed my official seal, day and year stated in this certificate above. ..........................................._....................... .F OFFICIAL SEAL Notary Public - * MAMA LUISA, Fi. ACUiNAL00 .e / hotary (', Y oury r•8a61 My commission expires .................... ..........._...._......... . .........._...................,....................-..._... 6RAPubWElc asowa—�-as My Comm. Fxp. Match r, 199s GENERAL POWER OF ATTORNEY 0 0 THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the City of Omaha, State of Nebraska, has made, constituted and appointed, and does by these presents make, constitute and appoint . ---ALAN L. BAER-- SANTA[[��]]pp CA its true and 04tAttorney(s)-in-Fact, with full power and authorityberebyconfervd inits name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recogoirances or other written obligations in the nature thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full form and effect. "Article VD. Appointment sod Authority of Resident Seavearfes, Adoneysaa-Flea s"Ageots to aosptLegal Proses and Make Appearances. Section 45. Appointment. The Chairman of the Board of Directors, the President, nay Viet-Preddest or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice-Preddeed may, from rise to time, appoint Resident Assistant Secretaries and Attorne".Fact to represent and set for and an behalf of the Corporation and Agents to accept legal process and make appem mon for and on behalf of the Corporation. Section 46. Authority. The authority of roeh Resident Assistant Seaelarim Attoraeya-iwFad sod Agents shed! be m prescribed is the instrument evidencing their appointment. Any such appointment and all authority granted thereby easy bemoked at anytime by the Board of Directors or by say person empowered to make such appointment." This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Via -President. Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the sea of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on auycertificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile sea shall be valid and binding upon the Corporation:' IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has mused thesepresents to be signed by its Vice -President, and its corporate seal to be hereunto affixed this LSt dayof (L�) 4''r STATE OF CALIFORNIA COUNTY OF MARIN June 19 90 . THE AMERICAN INSURANCE COMPANY By V,aeP,m4ent 111 sec. On this IS.t_ day of.T—ne , 19 C)Qbeforemepersonallycame R. D. Farnsworth to me known, who, being by me duly swom, did depose and say: that he is Vice -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the col of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official sea, the day and year herein fast above written. nxxxexmnxxxsxxsn I sumxmxmmm■ OFFICIAL SEAL r J. M. VANDEVORT _a" (/ NOTARY PUBLIC -CALIFORNIA ' Wes wrw4 Principal office in Marin County My Canmhrian Expints Aug. 28. 1992 CENTIFICATE ruxxxnnmxmxx-xss-unssxsmnevalmxx i STATE OF CALIFORNIA m. COUNTY OF MARIN By-laws of the Corporation, and the Resolution of the Board of Directors; Signed and sealed at the County of Merin. Dated the pL day ofCE _ v 360711-TA-6-90(REV) NEBRASKA Corporation, DO HEREBY CERTIFY that and furthermore that Article VII, Sections 45 and 46 of the Attorney, we now in fora. � //n Q' '.2.,,ScC__� 19 �. e+ z EXECUTED IN FOUR C TERPARTSB NO. SC 111 1920 1470 PERFORMANCE BOND P i=:$ 9,868 KNOW ALL MEN BY THESE PRESENTS: That THE LUSK COMPANY, a California Corporation,(Lusk-San Juan Division) as Principal, hereinafter called CONTRACTOR, and THE AMERICAN INSURANCE 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 51,644,700 ONE MILLION SIX HUNDRED FORTY-FOUR THOUSAND c�lcsal uanrnn�n r^^ -aur tcw Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated , entered into a (describe agreement) Rough Grading, Tract 13436, (Area C2) which contract is by reference made a part hereof NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void) otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, that+ I. 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 fats, incurred by City in successfully enforcing such obligation, all to A be taxed as costs and included in any judgment rendered. 2. said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modifi- cation of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this 13th day of August , 19 91 at Irvine California. PRINC The Lusk Company,a California Corporation,(Lusk-San Juan Di By:Aen By: becretary APPROVED AS TO FORM. (NOTARIZATION AND SEAL) o n x. gnaw i y Attorney Page 2 - PERFORMANCE BOND SURETY The American Insurance Company Alan L. Baer, Attorney-in-fact (NOTARIZATION AND SEAL) ATTORNEY IN FACT ACKNOWLEDGMENT STATE OF CALIFORNIA �• County of .... 1 b.M. NGE ........ �^ (} f On this ........ \9 ...... day of . ....... in the year ..._l...L.-.S..l ...�.. �...._........ before me, a Notary Public in and for said of California, iding therein, duly a ... ... . ��r ^i.' ................................ ,.... County., ?tate known SAMERICAN INSUR commissioned and sworn, personally ... 11� I1Il, t prtt^p appeared .. f11.f'11\ .L.AJtt1..n q� s (�y�(BB���v evidence to be the person whose name is subscribed to this instrument as the alto a in fact of. k.ItT �UMNHNY- ........ .. ... .... .................. ................................. and acknowledged to me that he ❑ she subscribed the name of ....THE.,,.AMERICAIV-._INSURANCE COMPANY .thereto as surety, and his ❑ her own name as attorney in fact. IN WITNESHEREOF, I have hereunto set my hand and affixed my official seal, a day and year stated in this certificate above =0�7- ot, ' CIAL SEAL A R ACUINAL00 ......... .................- ............ ........ Notary Public.. ................................ ubhc-Gahlmnia YGF COUNTY xp. !d-areh 7, 1995 My commission expires ..... ....--.... ...................................... ..... .................. aeooaa—i-83 CORPORATE ACKNOWLEDGMENT State of California County of Orange On this the_ 13th day of August SS. David G. Gambert the undersigned Notary Public, personally appeared Donald D. Steffensen and Richard T CAL -24 19 91� before me, Deihl OFFICIAL SEAL personally known to me DAVID G. GAMBEftTI proved to me on the basis of satisfactory evidence Notary Public-Collforr4 to be the person(s) who executed the within instrument as Vice d ORANGE COUNTY P ( ) i My Commisslon Expires president and Secretary Mon behalf of the corporation therein March 26, 1994 named, and acknowledged to me that the corporation executed it. WIT,I ,S my Notary's Signature seal. OFNERAL 0 AOF '1'IORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomestimted to the State of Nebraska on June J. 19M and having its principal office in the City of Omaha, State of Nebraska, has made, constituted and appointed, and does by these presents make, constitute and appoint . ---ALAN L. BAER--- SANTA ��]][J�� CA itstrue and 6wfutAttorney(s}in-Fact, with full power and authoritybereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recoga'vances or other written obligations in the nature thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)4n-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full form and effect. "Article VD. Appointment and Authority of Resident Seerearks, Adoraga-fa-Feet and Agents to accept Legal FrocetsaadMake Appearances. Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vice -President or say other person sathoriud by the Board of Directors, the Chairman of the Board of Directors, the President or any Vim -President may, from time to time, appoint Resident Assistant Secretaries and Aftorneya-la-Fact to represent and ad for and on behalf of the Corporation and Agents to a legal prim and make appearuces far and on behalf of the Corporation. Section 46. Authority. The authority of each Resident Assistant Secretaries, Attorneys4a-Fact and Agents aM6 be as prescribed In the instrument evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at anytime by Me Board of Directors or by my person empowered to make such appointment:' This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation tray be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on say certificate relating thereto, by facsimile, and say power of attorney, any revocation of any power of attorney, or certificate heating such facsimile signature or facsimile sal shag be valid and binding upon the Corporation:' IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Via -President, and its corporate seal to be hereunto affixed this 1st day o f June 19 90 YE9/ "y THE AMERICAN INSURANCE COMPANY B _ y YLI STATE OF CALIFORNIA t 1 as. COUNTY OF MARIN On this_fir dayof .Tuna 19 90 beforemepersonallymme R. D. Farnsworth to me known, who, being by me duly sworn, did depose and say: that he is Via -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was an affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein fust above written. <♦rassssxxssssxssxmsxssxnrurrsmxssrsssrssms • OFFICIAL SEAL ' J. M. VANDEVORT ay NOTARY PUBLIC -CALIFORNIA " nawr wale Principal Office in Marin County = A4 Commiuion Eapha Aug. 28, 1992 CERTIFICATE mxxxrsnmxsrxln- ---- srxrmnsxrxrnu STATE OF CALIFORNIA COUNTY OF MARIN ss I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY,a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains to full fora and has not been revoked; and funhermorc that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the BoardofDirectors; set forth in the Po[w�'err o,'fl�Attt orrnney, are now in fora. Q' Signed and sealed at the County of Marin. Dated the C_ day of � �`- 4 �`" - \ . 19 3L. '�O+rr7j'co+� 360711-TA.6." (REV) ,EXECUTED IN FOUR COU PARTS BONO. SC 111 1920 1462, MAN PERFORCE BOND Prwm: $ 9,352 Iv" -I KNOW ALL MEN BY THESE PRESENTS: That THE LUSK COMPANY,a California Corporation, (Lusk -San Juan Division) as Principal, hereinafter called CONTRACTOR, and THE AMERICAN INSURANCE COMPANY as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of $1,558,695 ONE MILLION FIVE HUNDRED FIFTY-EIGHT —asiocsaa�>�si��+cis=asn arTnzrzv *tr=u>2 mn/+na Dollare for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents, WHEREAS, Contractor has by written agreement dated entered into a (describe agreement) Rough Grading, Tract 13665 (Area Cl) which contract is by reference made a part hereof NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and voidr otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in th4 event of default. BE IT FURTHER RESOLVED, that) 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's faas, Incurred by City in successfully enforcing such obligation, all to 0 be tax -ad as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modifi- cation of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this 13c, day of A«aust 19 91 at Irvine , California. PRIM The Lusk Company,a California oration,(Lusk-San Juan Division) By Yc a -- Secretary APPROVED AS TO FORM. (NOTARIZATION AND SEAL) a�1 R. Shaw Attorney SURETY The American Insurance Company Alan L. Baer, Attorney-in-fact (NOTARIZATION AND SEAL) Page 2 - PERFORMANCE BOND ATTORNEY IN FACT ACKNOWLEDGMENT STATE OF CALIFORNIA NGE County of ...... �i ..... . "LozOn this _... �� .. day of ...... in the year ._�..._L_ L �. ..................... before me. a Notary Public in and for said �DRANGE ..,..,. _ . County, tate of California, residing therein, duly commissioned and sworn, personally appeared ............ . ...... ALAN. L..BAE .... ..... .... ...................... personally known to me, ❑ proved to me on the basis of satisfactory evidence to be the person whose name i subscribed to this instrument as the attorney in fact of.._ THE ,,,,AMERICAN .....INS.U.RA,'.y.ICE....C.O.MPA.N...Y....................... and acknowle ged to me that j he ❑ she subscribed the name of .......TELE -AMERICAN .....USURAN_GE...CO NIPANY.............. thereto as surety, and his ❑ her own name as attorney in fact. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal, th day and year stated to this certificate above „4ra,e. F '{y OFFICIAL SEAL y , MARIA LUISA R. ACUINALDO ................ s Notary Public falaarnia otary Publicr' ORANGE COUNTY :?!Q MY Comm. Exp. March 7. 1995 My commission expires............................................................................................................ 3!0043-1-83 CORPORATE ACKNOWLEDGMENT CAL -24 :.:.:.:.:..:R:.:v:...:.:44.:.:...:.:.:...:u........4:...:...:.:..-.:.:.:.:.:.:.:.:..'.:.:.:..'. 4-.:4.'..: ;-::.......... State of California 13th August 91 On this the_ +ay of 19— before me, Orange SS' David G. Gambert County of the undersigned Notary Public, personally appeared Donald D. Steffensen and Richard T. Deihl E9 personally known to me OFFICIAL SEAL DAVID G. GAMBERr A proved to me on the basis of satisfactory evidence Notary Pudic-Califorrda to be the person(s) who executed the within instrument as Vice ORANGE COUNTY My Commission Expires president and Secretary Y or on behalf of the corporation therein March 26, 1994 named, and acknowledged to me that the corporation executed it. WI i Smy In�ial seal. Notary's Signature 'tENERAL AOF TTORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the City of Omaha. State of Nebraska, has made, constituted and appointed, and does by these presents make, constitute and appoint . ---ALAN L. BAER--- its true and lawtutAtttomey(s)-in-Fact, with full power and authoriryherebyconferred in its name, place and stead, toexavte, seaL acknowledge and deliver any and all bonds, undertaking, recognvances or other written obligations in the native thereof and to bind the Corporation thereby as fully and to the same went as If such bonds were signed by the President, scald with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s}in-Fact may do in the premises. Ibis power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full form and effect. "Article VII. AppohttmmimWAuthorityofRc fdent Seaef rk4AMneysdn-FsdmdAgwisto accepsLeptfPromoandMmkcAppearaaces. Section 45. Appointment. The Chairmao of the Board of Dhedoev, the President, any Via -President or my other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice-president may, from time to thar, appoint Resident Assistant Secretaries and Attorneysdo-Fact to represent and ad for and on behalf of the Corporation and Agents to accept legal process and matte appearances for and on behalf of the Corporation. Section 46. Authority. The authority of such Resident Assistant Secretaries, Attoraeys-in-Fast and Agents shall he as prescribed in the Instrument evidencing their appointment. Any such appointment and all authority granted dwebymayberevoked at my time by Me Ransil of Directors or by my person empowered to make such appointment." This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1994, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice -President. Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on my revocation of any power of attorney, or on a a yartificacrelating thereto, by facsimile, and my power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation:' IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused them presents to be signed by its Vice -President, and its corporate seal to be hereunto affixed this ISE dayof ` I j+,RRt STATE OF CALIFORNIA COUNTY OF MARIN June LEE 19 90 . THE AMERICAN INSURANCE COMPANY On this _q1= day of June 1 19 X10_, before me personally came R. D. Farnsworth to me known, who, being by me duly sworn, did depose and say: that he is Via -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that be knows the sal of said Corporation; that the sal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto act my hand and affixed my official col, the day and year herein fust above written. winst entemsnnas...sirarserninnsnsssmn■ OFFICIAL SEAL 1. M. VANDEVOU a NOTARY PUBLIC -CALIFORNIA ' leaaq rhaac Principal Ottice in Marin County g kis Gmnmiwn Expires Aug. 28, 1992 CERTIFICATE pppnnNnim---- -Mn- --- -samN imaamrmaames STATE OF CALIFORNIA sR COUNTY OF MARIN ` I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full fora and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the BoardofDirectors; set forth in the P , er of Attorney, are now in force. Gj' Signed and sated at the County of Marin. Dated the —1-0—L day of , 19 _. +�'R�l'co+��f adJeetNitua& 360711-TA6.90 (REV) { �• EXECUTED IN FOUR CO ERPARTSNO. SC 111 1920 1462, PERFORMANCE BOND ium: $ 9,3�52 KNOW ALL MEN BY THESE PRESENTS: That THE LUSK COMPANY,a California Corporation, (Lusk -San Juan Division) as Principal, hereinafter called CONTRACTOR, and THE AMERICAN INSURANCE COMPANY , as ,Surety, hereinafter called SURETY, are hold and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of $1,558,695 ONE MILLION FIVE HUNDRED FIFTY-EIGHT - pgn,I S:.DiaFru= Si7LiiY.i^il�'^ aiT*�T9'T" "r **(,/JnQ_ Dollars for payment whareof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents, WHEREAS, Contractor has by written agreement dated entered into a (describe agreement) Rough Grading, Tract 13865 (Area Cl) which contract is by reference made a part hereof NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, that: I. As a part of the obligation secured hereby, and in addition to the faca 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 i be taxed as costs and included in any judgment rendered. 2. Said Suxety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modifi- cation of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this 13th day of August , i9 91 at Irvine California. APPROVED AS TO FORM. Page 2 - PEAFORMANCE BOND PRIM The Lusk Company,a California poration,(Lusk-San Juan Division) By ry (NOTARIZATION AND SEAL) SURETY The American Insurance Company Alan L. Baer, Attorney-in-fact (NOTARIZATION AND SEAL) CORPORATE ACKNOWLEDGMENT i s State of California I Orange SS. County of OFFICIAL SEAL DAVID G. LAMBERT Notary PUblIC-COlitor1110 f! ORANGE COUNTY My Ccmmisslon Expires March 26. 1994 ATTORNEY IN FACT ACKNOWLEDGMENT On this the --!nay of David G. Gatnbert August the undersigned Notary Public, personally appeared CAL -24 91 19 before me, Donald D. Steffensen and Richard T. Deihl IN personally known to me IS proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as Vice President and Secretary or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WMNESS my hand arOotficial seal. Notary's Signature STATE OF CALIFORNIA County of .... O Ai1G—E . On this ............................. day of.. ........, in the year.. .,.�..-.L./ ... ..._.........., before me, a Notary Public in and for said .......... .. _. N ALAN f�C1� 1 p r. .. County, tate of Cali ornia, residing therein, duly commissioned and sworn, personally appeared.......................................ALltt7.. L .V F.R.- .. ..... .. ........ T personally known to me, E proved to me on the 1L�s ��ff ry evidence to be the person whose name is subscribed to this instrument as the attorney in fact of. THE.._ AMERICAN INSURA JC ..... ya ............................................................................................................................................. and acknowlecjged to me that he 0 she subscribed the name of ....._...TiiE....AIDER)CAN....GN..S.U.RANCE_._COMPANY thereto as surety, and r5kbis ❑ her own name as attorney in fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, t day and year state in this certificate above. OFFICIAL SEAL MARIA LUI6A p. ACUINAL00 tory Public Notalpp Public Caldwnla girlie cc '� OgANGf cOUN:V My commission expires ... .... .....,• My Comm. Exp. March 7, 1995 ..........._......_ ............ ............ ......... ................ ........... _..._....._._._. asao+a—�-sa GENERAL ATTORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws at the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the City of Omaha, State of Nebraska, has made, constituted and appointed, and does by these presents make, constitute and appoint . ---ALAN L. BAER-- Its weTand O ufAttomey(s}in-Fact, with full power and authoritybaebyaonferredin its name, place and stead, to execute, seat. acknowledge and deliver any tad all bonds, undertaking, rwopirances or other written obligations in the naturethereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the Corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s}io-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sectious45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full form and effect. "Article VD. Appointment and Authority of Reshfent Seaeawks, Attormeys-ltFact amdAgemts to accept LegaiProaraaMMAkeAppearaam. Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vice-Preddent or any other person m thorlud by the Board of Directors, the Chairman of the Board of Directors, the President or aid Vice-Prtddent my from time to time, appoint Rddent Assistant Secretaries and Attoroeys-lo-Faet to represent and act for sod am behalf of the Corporation and Agents to mxryl legal process and make appearances for and on behalf of the Corporation. Section 46. Authority. The authority of such Resident Assistant Secretaries, Atlorneys4m-Fact and Agents Yn0 be as proerged In the Instrument evidencing their appointment. Any such appointment and all authority granted thereby my be revoked at any time by the Board of Directors or by say person empowered to make much appotmtmeml This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31 at day of July, 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice -President. Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attornm or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation' IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vico-President, and its Corporate seal to be hereunto afraed this 1st dayot June ly 90 CI) THE AMERICAN INSURANCE COMPANY By V'vsPrmOm STATE OF CALIFORNIA m. COUNTY OF MARIN On this I s r day of .Tea ne 19 �, beforeme persottallY camR. D. Farnsworth e , to me known, who, being by me duly swom, did depose and say: that he is Vice -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate teal; that it was so affixed by order of the Board of Directors of said Corporation and that be signed his name thereto by Skeorda. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official Col, the day and year herein fun above written. ounmmmx guuuaxarretarr mmarnrn nn"l■ OFFICIAL SEAL J. M. VANDEVORTs (� NOTARY PUBLIC -CALIFORNIA tmurrwW Principal Office in Marin County = My Comminion Expires Aug. 28, 1992 CERTIFICATE rnMNMunrraa/MunrunaaraaNNrmnrnamraraw ) STATE OF CALIFORNIA COUNTY OF MARIN n I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE Cob the foregoing and attached POWER OF ATTORNEY remains in full foroeand has not ben By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Signed and sealed at the County of Maria. Dated the —LOt°' day of 360711-TM6-90 (REV) NEBRASKA Corpormion, DO HEREBY CERTIFY that and farrhamore thatAnick VII, Sacdons45 and 46 of the attor/ney, are a am in for. aQ' .. EXECUTED IN FOUR COfERPARTSND NO. SC 111 4138 3767 PERFORMANCE BOND �emium: $20,353 RELEASED KNOW ALL MEN BY THESE PRESENTS: DATE INITIALS That THE LUSK COMPANY,a California Corporation,(Lusk-San uan as Principal, hereinafter called CONTRACTOR, and THE AMERICAN INSURANCE COMPANY , as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as obligee, hereinafter called CITY, in the amount of $3,392,125. THREE MILLION THREE HUNDRED NINETY-TWO TUnnc_ANn ONF. ANNDgVn TWRNTV_PTyR AND No/j_ Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated entered into a (describe agreement) Rough Grading, Tract 13437, (Area D2) which contract is by reference made a part hereof NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and voids otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, that[ 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fats, incurred by City in successfully enforcing such obligation, all to a i 0 be taxed as coats and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modifi- cation of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this 13th day of August , 19 91 at Irvine , California. APPROVED AS TO FORM. Page 2 - PERFORMANCE BOND The Lusk Company,a California Corporation,(Lusk-San Juan Division) (NOTARIZATION AND SEAL) SURETY The American Insurance Company Alan L. Baer, Attorney-in-fact (NOTARIZATION AND SEAL) ATTORNEY IN FACT ACKNOWLEDGMENT STATE OF CALIFOR�IA� County of ......1 ,..j UKANGE On this .._ `� 4'" _ day of"f�lt/l ....... in the year .....IRQ. .... .__ . , before me, a Notary Public in and for said .- b NnQEni .1 BAR ` County, tate of California, residing therein, duly commissioned and sworn, personally appeared ... ... .......L1L,f.1.LT h,...hdh.EtA ......................................... olpersonally, known to to O proved to me on the basis of satisfactory evidence to be the person whose name i sub bed to this instrument as the acro ne THE AMERICAN INS ................................ and acknowle ged to me that he ❑ she surety, and his ❑her own ame as at[ IN WITNESS WHEREOF, 1 have hereunt subscribed the name of orney in fact. o set my hand and affixed my official seal, Ae day and year stated in this certificate above. .ocoe, OFFICIALSEAL __............. ................. u"`�'....... ........_. .. .............. .......... MARIA LUISA R. ACUINALUU Notary Public COKE MUNTY �" Nma�y Publlo-Ca7domia MYcommission expires .......... .................................._........................ ............ .... ...... ........ .. My COMM. Exp. March 7, t995 oeoo+a—r-83 as CORPORATE ACKNOWLEDGMENT State of California j On this the 13thayof August Orangejlj SS. David G. Gambert County of the undersigned Notary Public, personally appeared Donald D. Steffensen and Richard T. OFFICIAL SEAL DAVID G. GAAGW Notary Fublic•Col fatfitl J® ORANGE COIJW My Commission ExWres Ntarch 26.1994 CAL -24 91 19_ before me, Deihl IN personally known to me A proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as Vice President and Secretary or on behalf of the corporation therein named, and acknowledged to��jmj'e' that the corporation executed it. V4—NESS my hand akdd offic)al,seal. Notary's Signature GENERAL • • POWER OF ATTOPNEEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 7.0, 1846, and redomesti=ted to the State of Nebraska on June 1, 1990, and having its principal office in the City of Omaha, State of Nebras°-a, has made, constituted and appointed, and does by these presents make, constitute and appoint . ---ALAN L. BAER--- SANTA CA its true and ul'Attorney(s)-in-Fact, with fun power and authority hereby conferred in its name. place and stead, meaecute, seal. acknowledge and deliver any and all bonds. undertaking, remptiranas or other written obligations in the nature thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attoraey(s)-in-Fact may do in the premises. This power of attorney is [panted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Artldc VH. Appolafineol s st Aalborlry ofRaddeat Seoentries, Attorseys4a-171M and Agaotrroaccept Legal Process and MakeAppnnnm. Section 45. Appolalmeat. The Chaismso of the Board of Directors, the President, any Vloe-President or my other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or my Vlee-President may, from time to time, appoint Resident Assistant Secretaries and AttormeyHn-Fact to represent and act for and on behalf of the Corporation and Agents to accept [so process mad make appes ranm for and on behalf of the Corporation. Section 46. Astbodly. The authority of such Resfdeut Assistant Secretaries, Atlormysdn-Fact and Agents shall be so prescribed in the IMruseent evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at anytime by the Board of Directors or by W person empowered to make assets appoiatment ' This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice.President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on my power of attorney, on any revocation of my power of attorney, or on my certificate relating thereto, by facsimile. and any power of attorney, any revocation of my power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation.' IN WITNESS WHEREOF, TIME AMERICAN INSURANCE COMPANY has =used these presents to be signed by its Vice -President, and its corporate seal to be hereunto affixed this 1st day of June 19 90 �:`t'fL'''•• THE AMERICAN INSURANCE COMPANY 's F• �IhCE'CM By STATE OF CALIFORNIA t COUNTY OF MARIN ( n. On this-Ut dayof .Tuna 19 ()n . before me personally came R. D. Farnsworth to me known, who, being by me duly sworn, did depose and my: that he is Via -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herrn fust above written STATE OF CALIFORNIA in. COUNTY OF MARIN I. the undersigned, Resident Assistant Secretary of THE AMERICAN II the foregoing and attached POWER OF ATTORNEY remains in full for By-laws of the Corporation, and the Resolution of the Board of Directs Signed and sealed at the County of Marin. Dated the —LOA— day of S��IXC['C4'E�C 360711-TA6-90 (REV) JRANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that ad has not been revoked; and furdiermorc thatAtticle VII, Satioas 45 and 46 of the Be forth in the Poper of Attorney. are now in fora. � ' 19 Olt t nrssssarssrsrssrstssmt■ OFFICIAL SEAL L M. VANDEVORT V NOTARY PUBLIC • CALIFORNIA ua.rvlvte I!, Principal Office in Marin County My raa[[nissiM Ixpiret a[q. 2g, iri3 I CERTIFICATE aatlNlmaaNNlmRaMMN STATE OF CALIFORNIA in. COUNTY OF MARIN I. the undersigned, Resident Assistant Secretary of THE AMERICAN II the foregoing and attached POWER OF ATTORNEY remains in full for By-laws of the Corporation, and the Resolution of the Board of Directs Signed and sealed at the County of Marin. Dated the —LOA— day of S��IXC['C4'E�C 360711-TA6-90 (REV) JRANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that ad has not been revoked; and furdiermorc thatAtticle VII, Satioas 45 and 46 of the Be forth in the Poper of Attorney. are now in fora. � ' 19 Olt t EXECUTED IN FOUR CO f ERPARTS ^ND,•N�,O�. SC 111 4138 37¢7 PERFORMANCE BOND OeQ1iFi'E EASED DATE C _ KNOW ALL MEN BY THESE PRESENTS s INITIALS That THE LUSK COMPANY,a California Corporation,(Lusk-San Juan Division) as Principal, hereinafter called CONTRACTOR, and THE AMERICAN INSURANCE COMPANY, as .Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of $3,392,125. THREE MILLION THREE HUNDRED NINETY-TWO mNnr,RANn nmF Hnwns Q mwRNmy_pI F Awn ND/1 - Dollare for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents, WHEREAS, Contractor has by written agreement dated entered into a (describe agreement) Rough Grading, Tract 13437, (Area 132) which contract is by reference made a part hereof NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perforin said agreement, then this obligation shall be null and voids otherwise it shall remain in full fordo and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, thats I. 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 f 1 0 b. taxed as costs and included in any judgment rendered. 2. Said Suxsty, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modifi- cation of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this 13th day of August , 19 91 at Irvine , California. APPROVED AS TO FORM. ' Page 2 - PERFORMANCE BOND PRIN AL T e Lusk Company California rp ation,(Lusk-San Juan Division) BY: By:Secrea% r ry L� (NOTARIZATION AND SEAL) SURETY The American Insurance Company Alan L. Baer, Attorney-in-fact (NOTARIZATION AND SEAL) CORPORATE ACKNOWLEDGMENT State of California County of Orange OFFICIAL SEAL DAVID G. GAMBERT Notory public-Colifontlo • ORANGE COUNTY My Commission Expire$ March 26,1994 SS. ATTORNEY IN FACT ACKNOWLEDGMENT CAL -24 ..• ................•••:.:•.'..-.:. •'•:.•'• T••: T. S•: •:•T•:••...... •..•... On this the_ !nay of August 1991 before me, David G. Gambert the undersigned Notary Public, personally appeared Donald D. Steffensen and Richard T. Deihl IN personally known to me IN proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as Vice President and Secretary or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WATNESS my hand ankolficial seal. Notary's Signature STATE OF CALIFORNIA Countyor QORANG.E s3 . ......... . ��Lt� qq.t[yy On this .......... \"-.. ............day of ..... ......_., in the year.... ... .... �....U...L.� _....... before me, a Notary Public in and for said SRA ...... ._.Count [ale of California,...... ... ...N�i..)r �. residing therein dui commissioned and sworn r ALAN 1 B Cp- Y. $ B Y personally appeared .............................................._....pLt1`L..1--..ttALR--.................................................... r��N_'`_rsonally known to me, ❑ roved to me on the basisp1r.'ry.�fµQ`�p■���v; evidence to be the person whose name i subscribed to this instrument as the attorney in fact of.......THE_AM ER ICAN _INSURANCE AIV r and acknowle ged to me that he ❑ she subscribed the name of.. ..................._.THE.,AMERICAN INSURANCE .COMPANY thereto as ........... ........................................................................... surety, and Nis ❑ her own name as attorney in fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, a day and year slated in this certificate above. }tis= -'rte :(:0UN`1 o... 7,... +. OFFSEAL .. x.............................. _ --r MARIA LUINAL00 Notary Public .b Notary rnia tide ORA My COMM. 7, 1� MY commission expires .............. _--- ............... ... ...,................ 360042-1-63 GENERAILPOW• • AITOORN Y THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the City of Omaha, State of Nebraska, has made, constituted and appointed, and does by these presents make, constitute and appoint . ---ALAN L. BAER --- SANTA Ia AUAttttomey(s}in-Fact, with full 8 y itstrue and power and tuthorByherebyconhrredinitsname, place and stead, to exeaue, test, acicnowled eanddeliveran and all bonds, undertaking, recogniratims or other written obligations in the mime thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Anorney(s) in -Fact may do in the premises. This power of attorney is granted pursuant to Article VIJ, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VII. Appointment And Authority of Resident SeaefariM Attorneys4s Fact and Agents to accept Legal Process and Make Appearances. Section 45. Appointment. The Chairman of the Board of Directors, the President, any Yice-Predde d or my other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or my Vice-PrMdest may, from time to time, appoint Resident Assistant Secretaries and Attorneys4n-Fact to represent and act for and on behalf of the Corporation ant Agents to accept letial proem and male appeanoae for and on behalf of the Corporation. Section 46. Authority. The authority of inch Resident Assistant Seerctarks, Altomeya-lo-Face and Agents shall be as prescribed in the instrument evidencing their appointment. Any such appointment and all authority granted thereby maybe revoked at anytime by the Board of Directors or by my person empowered to make such appointments This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution has nes been amended or repealed: "RESOLVED, that the signature of any Vim -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on my revocation of any power of attorney, in on my certificate relating thereto, by facsimile, and my power of attorney, any revocation of my power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation!' IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate seal to be hereunto affixed this 1st day of STATE OF CALIFORNIA COUNTY OF MARIN Onthis _jai_ dayof .Tune to me known, who, being by me duly sworn, did di described in and which executed the above instrum, seal; that it was so affixed by order of the Board of June 1990 . THE AMERICAN INSURANCE COMPANY - By V,2-P2YELN 19 9.O_, before me personally came R. D. Farnsworth that he is Via -President of THE AMERICAN INSURANCE COMPANY, the Corporation sows the seal of said Corporation; that the seal affixed to the said instrument is such corporate mid Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein fast above written. alUMNNINM90NN/NNNItrWR N wninnnmW - OFFICIAL SEAL Z r j J. M. VANDEVORT a (� NOTARY PUBLIC • CALIFORNIA r+awrweu Principal Office in Marin County A4 Cimminien Expires Aug. 28, 1992 CERTIFICATE mssNNunuNNwN.NuumNNlmumllllussf � STATE OF CALIFORNIA COUNTY OF MARIN ss. By-laws of the Corporation, and the Resolution of the BoardofDirectors; set forth in the L Signed and sealed at the County of Mario. Dated the c day of 360711-TiA6.90 (REV) NEBRASKA Corporation, DO HEREBY CERTIFY that and furthermore that Article VII, Sections 45 and 46 of the knorrmy, are now in fora. Q' 19 T� r R EXECUTED IN FOUR C ERPARTS B NO.:SC 111 3292 7143, PERFORMANCE BOND P umRMEASED DATE KNOW ALL MEN BY THESE PRESENTS: INITIALS That The Lusk Company,a California Corporation,(Lusk-San Juan Division) as Principal, hereinafter called CONTRACTOR, and The American Insurance Company as Surety, hereinafter called SURETY, are hold and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of $1,042,955. ONE MILLION FORTY-TWO THOUSAND __,b=r u,,., n L'T qTT„s' AhTn mn, ,,, ------Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents, WHEREAS, Contractor has by written agreement dated entered into a (describe agreement) Slope Landscaping, Tract 13866 (Area D1) which contract is by reference made a part hereof NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void) otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, thatt I. 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 r 1 be taxed as costa and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modifi- cation of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this 12th day Of September lg 91 at Tustin , California.. PRINC "he Lusk Company,a California orp ation,(Lusk-San Juan Division) By: By: vwmltlfy APPROVED AS TO FORM. (NOTARIZATION AND SEAL) R. Shaw Attorney Page 2 - PERFORMANCE BOND SURETY The American Insurance Company Alan L. Baer, Attorney-in-fact (NOTARIZATION AND SEAL) ATTORNEY IN FACT ACKNOWLEDGMENT STATE OF CALIFORNIA County of ...... tt �R.A,.�� ................ ss. On this ........ {o2t.'^ ....... day of A `...__...., in the year 1...\�, I ... ..................... before me, a Notary Public in and for said ...... .........tRP N( -r . County, State of California, residing therein, duly commissioned and sworn, personally appeared....................................._..._...._..............AL!"tN...U. DA L!...._...................._........_._..... 111aersonally known to me, p roved to me on the bas o evidence to be the person whose name i subscribed to this instrument as the attornerne m fact of. ...._THE ._AM_E�ICAN.....INSUR - - � kl� and acknowledged to me that he ❑ she subscribed the name of THEA AMERICAN INSURANC - COMPANY thereto as ���,,,...ttt ... ..................... .... ... surety, and `his ❑ her own name as attorney in fact. IN WITNESS -WHEREOF, I have hereunto set my hand and affixed my official seal a day and year st ted m [his certificate above OFFICIAL SEAL MARIA LUISA R. AGUtNALDO Notary Public cr ` Nov Public California ORANGE COUNTY My Comm. Exp. March 7, 1995 My commission expires .... .................. 3600,12-1 -$a ('ORPOHA I E :1('KNON'LEDGMF.NT Slate tit California— �� ('ounlV of �l��SS. !'t�°i .,%"•-"�. OFRCIAL SEAL DAVID G. GAMBERT NCtcrY Public -California ORANGE COUNTY My Commission Expires March 26. 1994 On this the_ 12t ay of David G. Gambert September the undersigned Notary Public, personally appeared CAL-: 19 9 before me, Donald D. Steffensen and Richard T. Deihl n personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as Vice President and Secretary or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. TSS_ my hand nd fficial seal Notary's Signature r GENERALPOWER OF • , ATMRNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on June 1, 1990, and having in principal office in the City of Omaha, State of Nebraska, has made, constituted and appointed, and does by these presents make, constitute and appoint . ---ALAN L. BAER--- SANTACA its we and UAtmmey(s)-in-Faet,with full power and authorhyberebyconferred in itsmme, plaaandstead,toerzavte,uw,wknowledgeanddeliva=y and all bonds, undertaking, recognirances or other written obligations in the nature thereof _----- ____—---- -- ------------------ and to bind the Corporation thereby as fully and to the same euent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and continuing all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full fora and effect. "Article VD. Appointment sod Authority of Resident Secrefarks, Auorosys4s-Feet and Ageatr to accept Legal Process and Make Appeanuo r, Section 45. Appointment. The Chairman of the Board of Directors, the Praidnt, any VkrPxaWent or req other person authorised by the Board of Directors, the Chairman of the Board of Directors, the President or may Vlec-Pteddent may, from time to time, appoint Resident Assistant Secretaries and Aflorneys-In-Fact to represent rend ad for and on behalf of the Corporation and Agents to accept legal process tad make appeannw for and on behalf of the Corporation. Section 46. Authority. The authority of such Resident AasWant Seealaries, Anaraeys-ire-Fad and Agents sWB be as presnibed in the instrument evidencing their appointment. Any web appointmeal and all authority granted thereby may besevoked at any time by the Board of Directors or by any person empowered to make web appointment:' This power of attorney is signed And sealed under sod by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July. 1984. and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice-Presideut, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate misting thereto, by facsimile. and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation:' IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has sued these presents to be signed by its Via -President, and its corporate seal to be hereunto affixed this 1st day of STATE OF CALIFORNIA COUNTY OF MARIN June 19 90 THE AMERICAN INSURANCE COMPANY On this ISL_ day of un a , 19_2911— before me personally came R. D. Farnsworth to me known, who, being by me duly swom, did depose and say: that he is Vice -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that be knows the seal of said Corporation; that the sed affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. tgrssxsntusxwmnxsxartsntmnmssnsxsssmn� OFFICIAL SEAL C t J. M. VANDEVORT i (� NOTARY PUBLIC -CALIFORNIA ren ,wmr Principal Office in Marin County L My fammimmwan tapirs; Aug. 29.1992 } CERTIFICATE rlaxxrlxrrttxrxxxrxNWYtWlrxxrMaMrrrt� � STATE OF CALIFORNIA as. COUNTY OF MARIN I, the undersigned, RaidcatAsustant Secretary of THE AMERICAN INSURANCE COMPANY,a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY teuudm in full face and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in fora. Signed and sealed at the County of Maria. Dated the 12th day of 360711.TAfi-90 (REV) SEPTEMBER OAF 19 91 . EXECUTED IN FOUR CO ERPARTS BO NO.,t;gS 1 1 3 92 7143, PERFORMANCE BOND P um:�. ED KNOW ALL MEN BY THESE PRESENTS: DATE INITIALS That The Lusk Company,a California Corporation,(Lusk-San Juan Division) as Principal, hereinafter called CONTRACTOR, and The American Insurance Company as surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of $1,042,955. ONE MILLION FORTY-TWO THOUSAND ...11111E UT1111nxn rr c,�v_ntcro AWn NCL nn ----------Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents, WHEREAS, Contractor has by written agreement dated entered into a (describe agreement) Slope Landscaping, Tract 13866 (Area D1) which contract is by reference made a part hereof NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and voids otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, thatt 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to b• taxed as coats and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modifi- cation of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this 12th day of September 1 19 91 at Tustin , California. A Lusk Company,a California oration,(Lusk-San Juan Division) APPROVED AS TO FORM, (NOTARIZATION AND SEAL) W7119M R. Shaw Attorney SURETY The American Insurance Company Alan L. Baer, Attorney-in-fact (NOTARIZATION AND SEAL) Page 2 - PERFORMANCE BOND ATTORNEY IN FACT ACKNOWLEDGMENT STATE OF CALIFORNIA County of................DW..... ` qq On this . �a-1°` ....... day of .. .. ....., in the year....... ..�..-I,....L.� ......... ...I......, before me, a Notary Public in and for said ........ ....._ .pRfLAl�li pit e.._�j County, State of California, residing therein, duly commissioned and sworn, personally appeared ........ .. ........ ALAN L BAE.A .......... personally known to me, ❑ proved to me on the basis of satisfactory evidence to be the person whose name i subscribed to this instrument as the atto ne in fact of..._THE .,,AMERICAN .__ INSURANCE COMPAV'' ............... ......................................................................... and acknowled ed to me that he THE A�VIERICAN INSURANCE _COIF:^,i^� thereto as g ❑she subscribed the name of ... ....... . ......... .._.._. surety, and f� his ❑her own ame as attorney in fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, day and year stated in this certificate above. a�rwta.a.ria� � . ./ .:\. OFFICIAL SEAL ......_._._.. ........... . "'Y•., ! ` r MAFIA LUIS,A R. AUUiNALD0 Notary Public - I NotaVy Pubbo Oalitprnia 0 IJUE COUNI'Y a My Comm. Exp. March 7. 1995 My commission expires .- .... aeowa�i-u ('ORPOKAIEACKNOWLEDCNIENT Slate of California_._ O nge SS. ('aunty o OFFICIAL SEAL DAVID G. LAMBE Notary Publlc•Calito ® ORANGE COUNT My Commission Exp March 26.1994J ......................................... CAL-, On this the -12th day of September Iq 91 before me, David G. Gambert the undersigned Notary Public, personally appeared Donald D. Steffensen and Richard T. Deihl $3 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as Vice President and Secretary or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. W 1M.SS my hand andgtfficial seal. Notary's Signature GENERAL • POWER THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the City of Omaha, State of Nebraska, has made, constituted and appointed, and does by these presents make, constitute and appoint . ---ALAN L. BAER— SANTA �N� CA ey(s})n-Fact, with full power and autho' g y its we and w Attorn rntyhaebyoomferredlaitsvame,plaaand a[ead,meucure,seal. uknowled eanddeliveran and all bonds, undertaking, recognisances or other written obligations in the nature thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds was signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article V11, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VII. Appointment and Authority of Resident Seaeiarfa, Attorngs[ -FaesadAgeatsto accept Legal Praxes and MakeAppeanacer. Section 45. Appointment. The Chairman of the Board of Directors. the President, any Vico President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or a4 Via -President may, from noes to time, appoint Reddmi Assistant Secretaries and Attorne".Fact to represent and act for and on behalf of the Corporation aed Agents to aeeeq kpi process and make appearances for and on behalf of the Corporation. Section 46. Authority. The authority of sdeh Resident Assistant Seaahries, Anoreeysan-Fact mid Agents shall be m prescribed in the instrument evidencing their appointment. Any inch appointment and all mthontygranted thereby may bemoked of mythese by the Board of Directors or by my person empowered to make web appointment:, This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a mating duly called and held on the 31st day of July, 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vicc-President. Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on my certificate relating thereto, by facsimile, and any power of attorney any revocation of my power of attorney, in certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation'.' IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused than presents to be signed by its Via -President, and its corporate seal to be hereunto affixed this 1st dayof June r By STATE OF CALIFORNIA COUNTY OF MARIN 19 90 THE AMERICAN INSURANCE COMPANY On this 1q1- dayof .bine 19 911 beforemepersonallycame R. D. Farnsworth to me known, who, being by me duly sworn, did depose and say: that he is VimPresident of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. rnuua1111awlwwlxwwlasaw/smwnammmmt, r OFFICIAL SEAL M ' / L M.VANDEVORT ay 3 NOTARY PUBLIC • CALIFORNIA Notagft ur 2 Principal 01tkro in Marin County My Cam nksloo Ixaires Aug. 28. 111102 CERTIFICATE sOMM/Neta/II/IINMNaNN/NUaIN/m/I/lmala/a//am STATE OF CALIFORNIA err COUNTY OF MARIN I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remain in fullfo read has rat been revoked; and ftnthermme that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in fora. Signed and sealed at the Comfy of Marin. Dated the 12th dayof 360711-TA4-90 (REV) SEPTEMBER 1991 . ( EXECUTED IN FOUR COUWPARTS BOND NPr 'ju l hJ 8 PEUOP14ANCE BOND DATE KNOW ALL MEN BY THESE PRESENTS i INITIALS That THE LUSK COMPANY,a California Corporation,(Lusk-San Juan Division) as Principal, hereinafter called CONTRACTOR, and THE AMERICAN INSURANCE COMPANY , as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of $3,493,370. THREE MILLION FOUR HUNDRED NINETY-THREE vnrtcrvn mvo uo >Jn..+nopn coax mv Tmn gn.lnn_-_Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated entered into a (describe agreement) Rough Grading, Tract 13866, (Area D1) which contract is by reference made a part hereof NOW, THEREFORE, the condition of this obligation is ouch that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and voids otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT Fume RESOLVED, thati I. 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 coats and included in any judgment rendered. 2. Said Suxety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modifi- cation of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or Of work to be performed thereunder. Executed this 13th day of August , 19 91 , .at Irvine , California. APPROVED AS TO FORM. a t IPage 2 - PERFORMANCE BOND PRINC The Lusk Company,a California oration,(Lusk-San Juan Division) By: /�.98�If1F (NOTARIZATION A_No SEAL) sUR.ETH The American Insurance Company Alan L. Baer, Attorney-in-fact (NOTARIZATION AND SEAL) CORPORATE ACKNOWLEDGMENT CAL -24 State of California On this the_ 13th ,t August 91 1 ay of 19_, before me, y SS. David G. Gatnbert County of Orange 11 , the undersigned Notary Public, personally appeared Donald D. Steffensen and Richard T. Deihl sseese OFFICl/aL SEAL DAVID G. GAMBERT Notery Public-CalltorMO a> ORANGE COUNTY My Commission Exl*os .• March 26.1994 ATTORNEY IN FACT ACKNOWLEDGMENT STATE OF County of .... On this ........ I ss. IN personally known to me 6 proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as Vice President and Secretary Yi;KOn behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WITKSS my handpand Official seal. Notary's Signature 1 t, of ...... ............... in the year 1_a.. ... ........,---before me, a Notary Public in and for said ...._ _._,�............_ .. _....County., State of California, residing therein, duly commissioned and sworn, personally I1 j!".—P PA _....., personal) known to me, roved to me on the basis f f r evidence appeared ................................................ ... .__........................................................... Y P Y THE AM ICAN INSURA C � IM X to be the person whose name is subscribed to this instrument as the arta ey to fact of....:fl .............................................................., and acknowle ged to me that he ❑ she subscribed the name of T[E.._A.M.ERICAN.-IN.SLJRAhGw.._C.��..M.pq@FY.........................................................thereto as Surety, and his ❑ her own name as attorney in fact. IN WITNESS HEREOF, 1 have hereunto set my hand and affixed my official seal, e day ^and year stated in this certificate above. s."�'. • OFFICE ✓"�+-4, u.��., �, ."' F, AL SEAL otary Public .et:r?a` MARIA L'JISA. Fi. AGUiNALD0 -� ata y Public -ca llornia ORANGE COUNTY My commission expires My COMM, Exp. March 7, 1995 aeowa—,-ea rrEIYERAL • • A�TIORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on,Febmary 20, 1846, and redommticated to the State of Nebraska on June 1, 1990, and having its principal office in the City of Omaha, State of Nebraska, has made, constituted and appointed, and does by these presents make, constitute and appoint . --ALAN L. BAER --- SANTA &wit' Attorn itstrueand ey(s}in-Fact, with full power and authority hereby conferred in its name, plaoeand stad, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recognizances or other written obligations in the nature thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Anceney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full fora and effect. `Article VD. AppotutmmtandAutborfryofResident Seaparks, Aaorneysda-FactacidAgeatstosompi Lead Prot mdMskeAppearmkw. Section 45. Appointment. The Chairman of the Board of Directors, the President, any VI a Preddent or any other person authorized by the Board of Dlredon, the Chairman of the Board of Directors, the President or soy Vice-Pmaldeaf may, from their to that, appoint Resident Aadamat Saretarim and Attorneys -in -Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appeanaca for and on behalf of the Corporation. Section 46. Authority. The authority of such Resident Assistant Secretaries, Attomeys4i-Fact and Agents sha0 bees prescribed in the instrument evidencing theirnppolotment. Any such appointment and all authority granted thereby many be rooked at anytime by the Board of Directors or by my person empowered to make sock appolalmenC" This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and my power of attorney, any revocation of any power of attorney, or certificate bearing such famimile signature or facsimile seal shall be valid and binding upon the Corporation.' IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vioc-President, and its corporate seal to be hereunto affued this 1st dayof June 1990 . .+�.+/"T'>.•.� THE AMERICAN INSURANCE COMPANY By • � Via-Prerieeot STATE OF CALIFORNIA COUNTY OF MARIN On this Iqt-_ day of .hes a 19 9, beforeme personally came R. D. Farnsworth to me known, who, being by me duly sworn, did depose and my: that he is Vice -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so Affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by tike order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein fast above written. psrsmasuarsssursnstmmrs mstrrrsmntrnomn ■ OFFICIAL SEAL L M.VANDEVORT a" NOTARY PUBLIC• CALIFORNIA g Natty Pu4G Principal Office in Marin County = My Commission Eyirts Aug. Ig, 1992 CERTIFICATE rnanwmn////rrmtm-----suNarswumvmogatm STATE OF CALIFORNIA n. COUNTY OF MARIN I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE CON the foregoing and attached POWER OF ATTORNEY remains in full fora and has out bee By-laws of the Corporation, and the Resolution of the Board' tof Directors; sal forth in the Signed and sealed at the County of Marin. Dated the � day of 360711-TA-&90(REV) NEBRASKA Corporation, DO HEREBY CERTIFY that and furthermore that Article VII, Sections 45 and 46 of the \�ttoro/�eg we now in fora. QQ 11 Q.w.S _. .19 `L. 4 O BOND EXECUTED IN FOUR COUiSRPARTSPERFORMANCE BOND NPr�unRREASEo DATE KNOW ALL 2R14 BY THESE PRESENTS s INITIALS That THE LUSK COMPANY,a California Corporation,(Lusk-San Juan Division) As Principal, hereinafter called CONTRACTOR, and THE AMERICAN INSURANCE COMPANY , AS Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of $3,493,370. THREE MILLION FOUR HUNDRED NINETY-THREE �•n+te nnm mvo Cr vmm�non CS•�rcn.TV nwn nM/100__-Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated entered into a (describe agreement) Rough Grading, Tract 13866, (Area D1) n which contract is by reference made a part hereof NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and voids otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, that I. As a part of the obligation secured hereby, and in addition to the face anount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to A 0 be taxed as costs and included in any judgment rendered. 2. Said Suxety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modifi- cation of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this 13th day Of August , 19 91 at Irvine , California. APPROVED AS TO FORM. Page 2 - PERFORMANC$ BOND P RINCI the Lusk Company,a California ation,(Lusk-San Juan Division) By: _. vice r7Gent By: el D ecretary (NOTARIZATION AND SEAS,) SURETY The American Insurance Company Alan L. Baer, Attorney-in-fact (NOTARIZATION AND SEAL) ATTORNEY IN FACT ACKNOWLEDGMENT STATE OF CALIFOVKANGE County of ..... .. ... ...... 1"A- p /1 4 On this ...... �� ... day of ....... ........., in the year 1,..1 A .. ..._._.............. before me, a Notary Public in and for said bRANCF .County, tate of California, residing therein, duly commissioned and sworn, personally appeared .... .....................-ALAN LBAE......... .. personally known to me, ❑ proved to me on the basis of satisfactory evidence to be the person whose name i subscribed to this instrument as the attorney in fact of....TH.....AME,t2.�.CAN,... INSURANCE...COMPANY and acknowledged to me that he ❑ she subscribed the name of .. THC A. MERtCAN..IN.SURANCE COMPANY .......... thereto as surety, and his ❑ her own ame as attorney in fact. IN WITNESS HEREOF, 3 have hereunto set my hand and affixed my official seal, t day and year stated in this certificate above. -------------- OFFICIAL SEAL MARIA LUISA R. ACUMALDO : a• a. iB NOWY Puhlm Wilornia tf a .t ORANGE COUN i Y My Comm. Exp. March 7, 1995 aeowa—r-93 CORPORATE ACKNOWLEDGMENT State of California SS. County of Orange OFFICIAL SEAL DAVID G. GAMBERT NOtcry Public-Colltorrila ORANGE COUNTY My Commission Expires IQ March 26, 1994 o[ary Public My commission expires CAL -24 On this the_13t ay of August 19 91 before me, David G. Gambert , the undersigned Notary Public, persontilly appeared Donald D. Steffensen and Richard T. Deihl EF personally known to me [proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as Vice President and Secretaryor on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. my hand agd ofpiat seal. Notary's Signature GENERAL POWER OF ATTORNEY 0 THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the City of Omaha, State of Nebraska, has made, constituted and appointed, and does by these presents make, constitute and appoint . ---ALAN L. BAER--- SANTA �A�77pp CA iu true aced IawtfAttorney(s}in-Face, with full power and authority herebyeonfared in its uame, plaaand stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recognizance, or other written obligations in the nature thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and wofuming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 sod 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in fun fora and effect. "Article VII. Appointment st"Authorlty ofResldenf Seaefarfv, Aftorneysdu-FactaodAlfeass to aooepf Legal Prooer aedMakeAppnnnees. Section 45. Appointment. The Chairman of the Board of Directors, the President, my Vice -President or any otba person authorized by the Board of Diredon, the Chairman of the Board of Directors, the President or any VicePreddeot may, from time to time, appoint Resident Assistant Secretaries and Attorneys4n-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 46. Aothorfh- The authority of suets Resident Assistant Seaemrla, Attorseys4o-Fact and Agents shall be as prescribed in the instrument evidencing theirappointmenl. Anysuch appointment and all authority granted thereby may be revoked at any Ume bytbe Board of Directors or by any person empowered to make sock appointment .^ ibis power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution has not been ameaded or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any mocation of any power of attorney, or certificate hearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation" IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused thesepreseou to be signed by its Vice -President, and its corporate seal to be hereunto affixed this 1St day of June 4-1 STATE OF CALIFORNIA 1! m. COUNTY OF MARIN 19 90 THE AMERICAN INSURANCE COMPANY On this Ice dayof June , 19qts beforemepersonallycame R. D. Farnsworth to me known, who, being by me duly sworn, did depose and say: that he is Vice -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein fust above written. ssssususasuasanssanwwussssussansasmmmm W OFFICIAL SEAL J. M. VANDEVORT NOTARY PUBLIC -CALIFORNIA Nwnr wenn Principal Office in Marin County my fammWon Expires Aur. 28. 1992 1 CERTIFICATE mmssssusruasuuwa------ susmusulanuni STATE OF CALIFORNIA as. COUNTY OF MARIN and the Resolution of the Signed and sealed at the County of Marin. Dated the 360111-TA-&90(REV) RICANINSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that in full fora and has not been avoked; and furthermore that Article VII, Sections 45 and 46 of the of Directors; sec forth in the Payier of Attorrney, are now in fora. QQ 11 day of \ . 19 3L• i EXECUTED IN FOUR C#ERPARTS Bo *1u SCR 111 3292 7150 PERFORMANCE BOND Pre ium: $ 4,954. RELEASED KNOW ALL MEN BY THESE PRESENTSi DATE l� INITIALS That THE LUSK COMPANY, a California Corporation, (Lusk -San Juan Division) As Principal, hereinafter called CONTRACTOR, and THE AMERICAN INSURANCE COMPANY , as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of $ 825,670. EIGHT HUNDRED TWENTY-FIVE THOUSAND, CTy PTMT]Ryn -----------Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents, WHEREAS, Contractor has by written agreement dated entered into a (describe agreement) Slope landscaping, Tract 13437, (Area D2) n which contract is by reference made a part hereof NOW, THEREFORE, the condition of this obligation is such that, it Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and voidr otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURT9ZA RESOLVED, thatt 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modifi- cation of the contract documents or at the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder, Executed this lith day Of September , 19 91 , at Tustin , California. The Lusk Company, a California Cerporation,(Lusk-San Juan Div APPROVED AS TO FORM. (NOTARIZAT20N AND SEAL) R. Shaw Attorney Page 2 - PERFORMANCE BOND SURETY The American Insurance Company Alan L. Baer, Attorney-in-fact (NOTARIZATION AND SEAL) 0 ATTORNEY IN FACT ACKNOWLEDGMENT STATE OF CALIFO 11� I�y{� � 1 County of ........... yf'}RJntD.CiE ........... (p q . �r�'L ...,da of 1 tC.L1... On this ...... Y....... y �t........ , m the year .. .............. before me, a Notary Public in and for said -- ...-- .--..P) . N.GE.--.-- r;1 RAM ..._County, S ate of California, residing therein, duly commissioned and sworn, personally appeared ......_........................ ..... ALAN L DACfi rsonally known to me, ❑❑� rove"pto a to y evidence THE me, r ve o� ftft G°6" to be the person whose name is subscribed to this instrument as the atto ey in fact of..........._................._.........................................�.._.._._�._,�_�...�.................................._..._................._.... and acknowledged to me [hat)khe ❑ she subscribed the name of .......... ......._THE..._ AM ERICAN._...II_N.S...U.RA NE r_ COMPANY,.,......,,.,,..,, thereto as surety, and (his El her own name as attorney in fact. IN -Is WHEREOF, I have hereunto set my hand and affixed my official seal, t e day and year stated in this certificate above. �� MAP] ALU Fl � R�G!a9GU,NALDO So,. J ..._..._.........._� S A turnia ............................................ .....Notary Publ... .. .........._......._.._._._._. g is r. a ORANGE COUNTY �.,,,,,;• My Comm. Exp. March 7, 1995 My commission expires ..................................................... _ ..................... aeowa—,-ea CORPORATE. ACKNOWLEDGMENT �State of California Or SS. County of— Ciriri-, ) OFFICIAL SEAL DAVID G. LAMBERT Notory Pudlc•C011tomla ORANGE CoUNisl My Commiso Fxores March 26.1994 12th On this the ----day of David G. Gambert September the undersigned Notary Public, personally appeared CAL -:i 91 19„ before me, Donald D. Steffensen and Richard T. Deihl ff personally known to me ❑ proved to me on the basis of satisfactory evidence to be the persons) who executed the within instrument as vice President and Secretary or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. Wf "ESS my hand an# official seal. Notary's Signature .................. GENERAL OF ATPORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the City of Omaha, State of Nebraska, has made, constituted and appointed, and does by these presents make, constitute and appoint . ---ALAN L. BAER--- SANTA CA itstrueand VAttorney(s}in-Fact, with full power and authority herebyconferredinitsuame, place and steed, to execute. seal, acknowledge and deliver any and all bonds, undertaking, recogai ances or other written obligations in the nature thereof and to bind the Corporation thereby as fully and to the same extent as if such binds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and conforming all that the said Attomey(s).in-Fut rosy do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full fora and effect. -Article VII. Appointment pod Authority of Resident Secretarks, Atrwaeysdn-Fadand Agents toacspl LegalProeess adMafroAppearanoes. Section 45. Appointment. The Chairman of the Board of Directors, the President, any Via -President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vioe-Preddeut easy, from time to time, appoint Resident Assistant Secretaries and Atioraeysdo-Fact to represent and act for and on behalf of the Corporation and Agents to accept hal process and make appearance$ for sod on behalf of the Corporation. Section 46. Authority. The authority of such Resident Assistant Secaelarks, Atlorne".Fact and Agents shall Yeas prescribed In the instrument evidencing their appointment. Any such appointment and all authority granted thereby easy be rooked at any three by the Board of Directors or by any person empowered to make such appointment This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution has nes been amended or repealed: "RESOLVED, that the signature of any Vice-Praident, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on anymowtion of any power of attorom or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation:' IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate seal to be hereunto affixed this A.�S'ot .aLx�'fti'' s'+ .' STATE OF CALIFORNIA COUNTY OF MAR1N 1st dayof June 19 90 N. THE AMERICAN INSURANCE COMPANY r /moi/ i i On this jSt day of .Trtnp ,19 90 beforemepersonallycame R. D. Farnsworth to me known, who, being by me duly sworn, did depose and say: that he is Via -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate awl; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein fust above written. �IltmmmNW/mesmNmmtlmlmmNttimtllttltl� / / OFFICIAL SEAL 1 G(; V J. M. VANDEVORTa_ NOTARY PUBLIC • CALIFORNIA -1 Nora rPnear Principal Office in Marin Cas Of Me fammhdon Exams Aug. 28,1992 i CERTIFICATE --- ------ --- nu""Imilmimiatam STATE OF CALIFORNIA COUNTY OF MARIN >L , I, theundersigned, Resident Assistant Secretary of THE AMERICAN INSURANCECOMPANY,a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OFATIORNEY remains in full force and has nes been rooked; and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in fora_ Signed and sealed at the County of Marin. Dated the 12th dayof `,ter ��•`� 360711-TA6.90 (REV) SEPTEMBER 1991 . EXECUTED IN FOUR CO•ERPARTS Boo. SCR 111 3292 7150 PERFORMANCE BOND Prem um: $V'IET A1SED DATE 1, KNOW ALL MEN BY THESE PA>;SENT9: INITIALS That THE LUSK COMPANY, a California Corporation, (Lusk -San Juan Division) as Principal, hereinafter called CONTRACTOR, and THE AMERICAN INSURANCE COMPANY, as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of $ 825,670. EIGHT HUNDRED TWENTY-FIVE THOUSAND, cry aTimnDrn WxEumv Awn mniin--------------DAllars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WH$REAS, Contractor has by written agreement dated entered into a (describe agreement) Slope landscaping, Tract 13437, (Area D2) n which contract is by reference made a part hereof NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and voidr otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, Chats I. As a pare 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 1: , be taxed as coats and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modifi- cation of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration*, or modification* of the contract documents or of work to be performed thereunder, Executed this 12th day of September , 19 91 at Tustin , California. PRINCIP T e Lusk company, a California ion,ILusk-San Juan Division) By. By: Seyetery APPROVED AS TO FORM. (NOTARIZATION AND SEAL) /1.i` i -44Q R. Shaw Attorney Page 2 - PERFORMANCE BOND SURETY The American Insurance Company Alan L. Baer, Attorney-in-fact (NOTARIZATION AND SEAL) ('OKPORAFE ACKNOWLEDCMENT Slate of California—Or ge ('ounly of J111okwit, SS. CEAL SEAL DAVID G. GAMM Notary Public-006fam ORANGE COUNIy My CornrNsOn E"w 1 9 March 26,1994 ATTORNEY IN FACT ACKNOWLEDGMENT CAL On this the- _12 th riay of September 19 91 before me, David G. Gambert the undersigned Notary Public, personally appeared Donald D. Steffensen and Richard T. Deihl Upersonaliy known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as Vice ;)) President and Secretary., on behalf of the corporation therein �1 named, and acknowledged to me that the corporation executed it. Wl i ESS MN hand . d ('tial seal. Ij( N........ t•Signature................................................ STATE OF CALIFORNIA i County of .......... ss On this ........... `a-+'. ..... day of .. /�--.---, in the year a-`_1 ....... ............. before me, a Notary Public in and for said PRANGE . 1 coa tate o California, rest retcommissionedan ., my I � dm a 'n du y d worn personally ryry tl�� , s f B therein, 15 „__., .IILAIY, L.. ❑!? t\ personally known to me, pp roved to me on the basis o satof Mo evidence appeared .......... .. y THE AMERTICAN INSURANC- COM�An to be the person whose name is subscribed to this instrument as the a 'n act of................................................................. ................................ .. _.. ......... �° �M RICAN INSURANC� CO and acknowledged to me that *he � she subscribed the name of ........................................ ...........................................................................M.P..ANY....... .................... ............ ........... ..thereto as surety, and 1his ❑ her own name as attorney in fact. IN WITNESS HEREOF, I have hereunto set my hand and affixed my official seal a day and year stated in this certificate above. p(��(��f G- •'_:_... ,t�. OFFICIAL SEAL ......._............ ........ ...... ' = MARIA LUISA R. AGUINALDO Notary Public ",rpp Notary Public­G3111ornla ORANGE COUNTY My commission expires My Comm. Exp. March 7, 1995 asao.a—i-aa GENERAL • • PATrORRNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the City of Omaha, State of Nebraska, has made, constituted and appointed, and does by these presents make, constitute and appoint . ---ALAN L. BAER -- SANTA pAiNpp CA its we and 4w[ul'Attorney(s}in-Fact, with full power and authmityherebycoofemdmits name, p�laoeaudstead, to emote, sal, acknowledge and deliver any and all bonds, undertaking, recogwances or other written obligations in the nature thereof and to bind the Corporation thereby as fully and to the same stent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys}m.Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full fora and effect. "Ardde VII. Appointment =0 Authority of Resident SeaNarfes, Afforney"o ihrtandAgeab soscapi Legal PiocaussadMa"Appearmuss Section 45. Appointment, The Chairman of the Board of Directors, the Presideat, any Vice-Prddeal or any other pensm authorized by the Board of Dlrecton, the Chairman of the Board of Directors, the President or W Vie PrMdest am, from than to time, sppola t Rddeat Assistant Secretaries and Attomeysdn-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal proem and mate appearances for and on behalf of the Corporation. Section 46. Authority. The authority of such Resident Assistant Seentade, Attorneys-ia-Fact and Agents Wall be m prnaibed in the instrument evidencing their appointment. Any such appointment and d authority granted thereby maybe revoked at my doe by the Board of Directors why any person empowered to make such appointment." This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a mating duly called and held on the 31st day of July, 1994, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary, of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, And any power of attorney, any revocation of any power of attorney, or certificate beating such facsimile signature or facsimile seal shall be valid and binding upon the Corporation.' IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has reused these presents to be signed by its Vice -President, and its corporate seal to be hereanto afli this 1St dayof C") STATE OF CALIFORNIA COUNTY OF MARIN June a. 1990 . THE AMERICAN INSURANCE COMPANY On this 15.t_ dayof .Tuna 19 4(1 - btfulemepersonallycame, R. D. Farnsworth to me known, who, being by me duly sworn, did depose and say: that he is Vioe-President of THE AFRICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affued by order of the Board of Directors of said Corporation and that he signed his tame thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein fast above written. tg"a"r"W"MMNUIma InNUmsansammsaMM OFFICIAL SEAL G(� V J. M. YANDEVORI NOTARY PUBLIC -CALIFORNIA "- Nam Pawk Principal Office in Marin Courdy Ay Cwtuasim Upim Aug. 28. 1992 ; CERTMCATE ancon"ntrWerrWFIN "__ un WinararWWr"rm STATE OF CALIFORNIA COUNTY OF MARIN W. I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OFATTORNEY remains in fullforaand hasnot been cooked; and furthermorethat Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and sealed at the County of Marin. Dated the 12th dayof SEPTEMBER 19 91 J',y,�at ladrarAwrSmvwr 3607114Afi-90(REV)