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
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• 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.
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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-
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�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)