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1995-0626_LUSK COMPANY, THE_Asgmt of Impr Agrmts (2)
C, 0 05 i:a,_Cr�iai i1 iiTfi�:1?; nr; rrj5 G; Jr 3i�5e %�u;r i. �y:i�ur nt3 ar RECORDING REQUESTED BY: City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, Ca. 92675 AND WHEN RECORDED RETURN TO: City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, Ca. 92675 L. ifir m,.1le. Clerk-itearder ;ar. 1 O.OG LL 7/ 'l PROJECT: Final Map, Tracts 13865 13436 13866 13437 ASSIGNMENT OF IMPROVEMENT AGREEMENTS The undersigned, Lusk Company, a California corporation ("Lusk"), hereby assigns to Glendale Federal Bank, a California corporation, all of its right, title and interest in and to that certain Subdivision Improvement Agreement, between Lusk as "DEVELOPER" and the City of San Juan Capistrano, a municipal corporation, as "CITY", a copy of which is attached hereto as Exhibit A, A2, A3 and A4 and which were recorded on September 12, 1991 as Instrument Nos 91-496386, 91-496387, 91-496388 and 91-496389 respectively in the Official Records of the County Recorder of Orange County, California. THE LUSK CSLMP/ANY, a CF By: Narne, W'1 ism BXa er Vice President T4N9 B y : � ,t .110 f 4t Philip C. Markley, T easurer This Assignment is hereby accepted by Glendale Federal Bank, California corporation, (Glendale), and Glendale hereby assumes for the benefit of City and the Lusk Company, all the obligations of Developer under the Subdivision Improvement Agreement. GLENDALE FEDERAL BANK By: Na e: Richard . Curtis, Title: Vice President CALIFORNIA ALL•PURPOSMCKNOWLEDGMENT State of�� County ofJ�Qe�S On f 11 1: 1, ).�) (),before me, �;)A JA RTS DAYE %^ r NJE, TITLE OFOFFICER - E. G., 'JANE DOE, NOTARY PUBLIC' personally appeared " -X , NAME(S) OF SIGNER(S) X1 personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), BEVERLY SEGER M or the entity upon behalf of which the ¢ ` �„m.gy�y person(s) acted, executed the instrument. NOTARY FOUC - WOW Los Anpw coun .40 CWM Wes Mar. 7,iM+ WITNESS my hand and official seal. SIG TUBETURE OF NOTARY OPTIONAL No. 5907 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER INDIVIDUAL CORPORATE OFF�ER T rue(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENr(1V(IES) 1rPI 1.t7U . 0� i ,- tk, DESCRIPTION OF ATTACHED DOCUMENT TITLE OR YPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Boz 7184 • Canoga Park, CA 91309-7184 r 0 3. APPROVAL OF PLANS, CP . IFI CATION A THO DATION TO • RECEIVE BIDS - DRAINAGE IMPROVEMENTS ON CAL LE DE O (600,30) As set forth in the Report dated June 6, 1995, from the Director of Engineering and Building, the plans and specifications were approved for the installation of drainage on Calle Delgado. Staff was authorized to call for bids. As set forth in the Report dated June 6, 1995, from the Engineering and Building Director, the following Resolution was adopted: 1) assigning the Improvement Agreements from the Lusk Company to Glendale Federal Bank for Tracts 13436, 13437, 13865, and 13866, and 2) approving the substitution of the Lusk Company bonds with equivalent sureties from Glenfed: RESOLUTIONNO.95-6-6-1- ASSIGNMENT •IMPROVEMENT AGREEMENTSANDEQUIVALENT! S RETY SUBSTITUTION FOR TRACTSAND 13437 (LUSK • CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE ASSIGNMENT OF IMPROVEMENTS AND THE SURETY SUBSTITUTION TO TRANSFER ALL OBLIGATIONS, DUTIES AND RIGHTS FROM THE LUSK COMPANY TO GLENDALE FEDERAL BANK (TRACTS 13865, 13436, 13866 AND 13437) The Report advised that through foreclosure the land had been returned to Glendale Federal Bank and the improvement work would be their responsibility until sale of the land to Taylor - Woodrow Homes is completed. The Assignment of interests will be forwarded to the Orange County Recorder's Office for recordation. OEM= Yrl • • 1• • : rrl • lr. : • .: Written Communications: (1) the Report dated June 6, 1995, from the Director of Engineering and Building, advising that as a member of SERRA, the City must approve the Authority's 1995-96 annual budget and adopt the city's proportionate share of that budget. City Council Minutes -3- 616195 June 9, 1995 Ms. Linda Sadler The Lusk Company 17550 Gillette Avenue P. 0. Box C-19560 Irvine, California 92713-9560 MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL WYATT HART OIL JONES CAROLYN NASH OAVIO SWEAWN CM MANAGER OEOROI SCARBOROUGH • 1 11 = 1• 11 •• = 11 = Bl X ,- 11 = 17 - 1 • • I • 1 • 1. • 1 • Dear Ms. Sadler. At their meeting of June 6, 1995, the City Council of the City of San Juan Capistrano Adopted Resolution No. 95-6-6-1, which approved assignment of the Improvement Agreements for Tracts 13865, 13436, 13866 and 13437 from the Lusk Company to Glendale Federal Bank The Resolution also approved the surety substitution to transfer all obligations, duties and rights from the Lusk Company to Glendale Federal Bank. The original Assignment has been forwarded to the Orange County Recorder's Office for recordation. A copy of the Assignment and a copy of Resolution No. 95-6-1 are enclosed for your information. The following bonds were replaced by bonds from Glenfed and are hereby returned to you: San Juan Creek Signair $ 200,800 11119201371 Valle Road Signa! 108,000 11119201397 Public Streets 586,500 11132799195 Storm Drain 658,156 11132799211 Private Streets 418,024 11132799229 Monuments 21,000 11132799245 Sewers 211,150 11132799302 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493.1171 • EXECUTED IN FOUR CO•ERPARTS OOSOND NO. SCR M 3279 9302 PREMIUM: $1,267, SUBDIVISION PkITSFUL PERFORMANCE BOND (GOVERNMENT CODE S 66499.1) tMREAS, the City Council of the City of San Juan Capistrano, State of California, and THE LUSK COMPANY, a California Corporation (Lusk -San Juan (hereafter designated as 'Principal*), have entered into a Sub- Division division Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated Sewer Improvements May 21, 19 91 and identified as Project Tract 13865 is hereby referred to and made a part hereof; and WHEREAS, said Principal is required, under the terms of the said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW,, -THEREFORE, we, the Principal and The American Insurance Company = , as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the Sum Of Two hundred eleven thmysand one hundred fifty ($211,150) Dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there by any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 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 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. r Executed this 26th day of Aoril 19 411 at Irvine , California. PXJ..=C, 2p LL THE LUSK COMPANY, a California Cor ion,(Lusk-San Juan Division) r - APPROVED AS TO FORM. JAh# R. Shaw Aitk Attorney Sea'etery SMMTY THE AMERICAN INSURANCE COMPANY BY: ALAN L. BAER ATTORNEY-IN-FACT. (NOTARIZATION AND SEAL) ATTORNEY IN FACT ACKNOWLEDGMENT STATE OF CALIFORNIA ss County of- ... jDR(iN�i.F.. On this ............. ... .day of ._ �'y.. ............. in the year . ... ��.�........ .__......, before me, a Notary Public in and for said RANGE JJJ ........County, State of California, residing therein, duly commissioned and sworn, personally ........ .. .. .. tl ..I.t r,' pit.. ...... appeared............................................A x19...L...Dlif..R........................ ....................... ................... *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....I_N,$URANCE..._COMPANY ....... and acknowledged to me that 4 h ❑ ahe subscribed the name of ....... THE AMERICAN INSURANCE COMPANY .....thereto as ............ .. ............. ........ ......... ......... surety, and This F1 her own name as attorney in fact. IN WITNES WHEREOF, I have hereunto set my hand and affixed my official seal, [ day and year stated in this certificate above. lehanlel/ r OlrflCtAL BEAT A P„ AOUINALDO � i �4 MARIA LUI WiwiRUWIa•CnBfania UFANCE CpWh Y my Comm. Exp. March 7, 1985 aeaoea—r-ee STATE OF OF appeared me, .................. ... .......... ............ .........' 1 ................ ......_. Notary Public My commission expires personalty known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(�or_ the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my h4hd and official seal. (This area for official notarial seal) EXECUTED IN FOUR CO&RPARTS • BOND NO. SCR 111 3279 9302 Premium included LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San �jfflnL�yi�laamg4S np oorporation of Orange County, California, has awarded to Cnrrnrwr i nn (I nak-San .7uan OiV 1 C i nn 1 . License No. 132833B1, hereinafter designated as' Principal", a contract for eweiTxovmente for Tract13865:and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub -contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we THE LUSK COMPANY,a California Corporation(Lusk-S Juan Principal, and THE AM RIC i as surety, er ivisior held firmly bound unto the City of Juan Capistrano, a municipal corporation, in the penal sum of Two hundred eleven thousand onehundred fifty DOLLARS ($ �> > - 1 s0 ), lawful money of the United Sol America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub -contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division S, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on 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. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, 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. -22- E IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and surety herein named on the 26th day of April 19 91 . The name and corporate seal of eac- corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. APPROVED AS TO FORM THE LUSK COMPANY, a California Corporation (Lusk -S an Division) RI IP L ay By Secretary THE AMERICAN INSURANCE COMPANY SURETY By a �„ ALAN L. BAER ATTORNEY-IN-FACT. -23- ATTORNEY IN FACT ACKNOWLEDGMENT STATE OF CALI ss. County of -.'.'fflNGE I .......... -- ............. ............ On this .............. ?`°i`k RANOE day of .......... in the year.. .... ........................ . before me, a Notary Public in and for said -- .................. ...... ...............County, State of California, residing therein, duly commissioned and sworn, personally appeared ................... ................. A V N L U. -A M ........................................ ............. - ........... Ek personally ❑known to me, 0 proved to me on the basis of satisfactory eviclesice to be the person whose name is subscribed to this instrument as the attorney in fact of T..H..E..,...A.M.E..R..IC.A..N I.N.S..U.B.&N.C..E C.0-M.P.A..N.Y ........... ... .......... and acknowledged to me that� he C] she subscribed the name of -,-,-,T.HE AMERICAN 1N.S.URANICE COMPANY .................................... thereto as surety, and his [] her own name as attorney in fact. IN WITNESWHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. - - - - - - - Q - - - - - - - - - - - - .......... OFFICIAL SEAL Notary Pubhe :lea 9 MARIA LUISA S. AGUINALDO No rPubliCc-OCUaNiftnia ORANGE TY My commission expires . .. ..... ............ -- .............. ..... . ....... .. . My Canim, Exp. March 7, 1995 1 STALE OF appeared me, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/herltheir signature(s) on the instrument the person(s) acted, executed the instrument. WITNESS my t*d and official seal. (This area for official notarial a") GENEL POWER • • 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 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 its we and w ul•Attomey(s)-in-Fact, with full power and authority herebyewferred in itsuame,placeand stead, to execute. sea[, aeknowledgeand deliver any and all bonds,undertaking, recognizances mother written obligalimminthe 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 Atmmey(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 md46of By-lawsof THE AMERICAN INSURANCE COMPANY now in full fora and effect. "Artlde V0. Appolntmmt ■ndAuthorffyof Realdenr Searrarfer, Anoraeyale-Fact aedAgmts fo sorepf LegalProOMAndMakeAppearanccr. Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vice-Preddeut of any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice -President m•y, from time to time, appoint Rtddmt Assistant Secretaries and Attorneys4o-Fact to represent and act for and on behalf of The Corporation and Agents to accept legal proem sod make appearances for and on behalf of the Corporation. Section 46. Authorfry. The authority of such Resident Asslstaot Secretaries, Attomeya'la-Fact and Agents shall be as prescribed in she instrument evidencing their appointment. Any such appointment sod all authority granted thereby may be revoked at my time by the Board of Directors or by my person empowered to make such appointatmV, 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 say Via -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 soy 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 baring 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 ��Mt"R eii'y o ��.rE COy,. STATE OF CALIFORNIA COUNTY OF MARIN 1st day of June 19 90 as. THE AMERICAN INSURANCE COMPANY On this fit✓ day of June 19 90 before me personally came R. D. Farnsworth to me known, who, being by me duly sworn, did depose and say: that he is Vwe-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 affued by order of the Board of Directors of said Corporation and that be 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 first above written. w"emgmoiNmol nnuaxxrlrnnem"n"lnnmTr■ �} OFFICIAL SEAL i J. M. VANDEVORT ' 3 NOTARY PUBLIC - CALIFORNIA g N�yP,blk 3 Principal (Miro in Marin C.oumy kty Cammiuion Exaiur sup. 2g,1992 � CFAI'IFICAT'E _ nnlnxnnaawxaaxxrrlusssassnasxssnmq � STATE OF CALIFORNIA t COUNTY OF MARIN I I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCECOMPANY,,a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force 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 P of Attorney, are now in fora. If Signed and sealed at the County of Marin. Dated the day of _.�'R. _ n , 19 �. .ear^wtt co�r�+ R.WMAWMWS=eiary 360711 -TA -6-90 (REV) PERFORKMCE SOND • BOND No. 11132799229 Issued In 4 Counterparts PREMIUM: $2,508.00 KNOW ALL MGN BY THESE PRZSENTS: That THE LUSK COMPANY, a California Corporation (luck -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 $ 418,024 Four hundred Eighteen thousand twenty-four 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 May 21, 1991 , entered into a (describe agreement) Improvement Agreement for Tract 13865 (Private Streets) 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 fares 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 EXHIBIT A J I be taxed as costs 'Rd included in any judgment rendered. Z. 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 26th day of April 19 91 at Irvine California. APPROVED AS TO POPH. Page 2 - PERFORMANCE BOND PRINCIPAL:THE LUSK COMPANY, a California Corporat• (Lusk -San uan Division) BY: ' resr en BY: Secretary (NOTARIZATION AND SEAL) N(JRy,'Ty: THE AMERICAN INSURANCE COMPANY ALAN C BAER; AILORKI-IN-FACT. (NOTARIZATION AND SEAL) ATTORNEY IN FACT ACKNOWLEDGMENT STATE OF CALIFORNIA county of .. ................ pmqv On this ............................day of in the year . ........... .. before me, a Notary Public in and for said .......... PWGE ...... . . .................. .......... ....... ......... .. ............. County, State of California, residing therein, duly commissioned and sworn, personally appeared ................ Z._*. i�. t j I .............. 1 -11 �K personally kno to be the person whose name is subscribed to this instrument as th t o ItEnuffillh and acknowledged to me that �dbe C] she subscribed the name of...._._...........___.-...._.-_._-_...-_...-......_19URANDC'.00P .... .... . '-"- ... . ...... ..A'NY ............. ............................... thereto as surety, andXhIs n her own name as attorney in fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. OFFICIAL SEAL] i��NolaryAbljc SEAL MARIA LUISA R. AGUINALD0 bW t — � a NOW pubfic-u'fom: PANIGE COUNTY My commission expires .............._.........._...................._`J .............. ........... ........................................................ MV Con" Exp. March 7,1%5 a90M41.—"s2 CAT. NO. NNO0737 TO 1945 CA (8-84) (Corporation) 9P TICOR TITLE INSURANCE STATE OF CA NIA COUNTY OF SS. Onbe o e me, the und•7ned, a Notary Public in and for said 4SW�2peLnonall;�pcitTed personally known to me or proved to me on tjV basis of satisfactory evidence to be he erson who executed so the Prowithiill�ln as t sident "=t t as t personally known to me or proved to me on the basis of satisfactory evidence tobe 0FR=k he L the person who executed the within instrument as t REKMAAAABOM rcrary or the Corporation owimcoumy that executed the within instrument and acknowledged MYCOMMOMBINU to me that such corporation executed the within instru- ment pursuant to its by-laws or a resolution of its bo of directors. WITNES�mand official seal, Signatuur(This area for official notarial seal) GENERAL • . POWER 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, 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 €tNt CA haweand aw ufAttorney(s}in-Fact, with full power and authority herebyconfesred in its name, plaseand stead, mexecute, seal, acknowledge and deli ver nay and all bonds, undertaking, recogn —rices or other written obligations in the suture thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, waded with the corporate sed of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attaney(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 and Authority of Resident Secretarkr, Atiorseysln•Fact and Ageab towortat ZAMAProcess and MakeAppearmam. Section 45. Appointment. The Chairmao of the Board of Directors, the President, any VicePneddent or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice -President may, (roan time to time, appoint Resident Assistant Secretaries and Attorneys -in -Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearance for and on behalf of the Corporation. Section 46. Authority. The authority of such Resident Assistant Secretaries, Attorneys -ie -Fact and Ageats shall be a prescribed in the Instrument evidencing their appointment. Any such appointment and W authority granted thereby may be revoked at any dowby the Board ofDhedon or by any person empowered to make seek appointmentP This power of attorney is signed and sealed undo 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 cr facsimile sed shall be valid and binding upon the Corporation" IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has mused these presents to be signed by its Via -President, and its corporate seal to be hereunto affixed this STATE OF CALIFORNIA COUNTY OF MARIN On this 1st dayof June ty 90 seal; that it was so affixed by order of the Board THE AMERICAN INSURANCE COMPANY By V� 1`1 a. 19 �, beforeme personalty came R. D. Farnsworth say: tbat he a VicePresident of THE AMERICAN INSURANCE COMPANY, the Corporation e knows the seal of said Corporation; that the seal affaed to the said instrument is such corporate of said Corporation and that he signed his tome thereto by litre order. IN WITNESS WHEREOF, I have hereunto ret my hand and affixed my official seal, the day and year herein flu above written. m// emuu/mmouaasxn"tin" m/xammmmm 0 OFFICIAL SEAL l/ J. M. VANDEVORT a NOTARY PUBLIC -CALIFORNIA g na.rtvsue Principal Office in Marin County lair Cemadnian &pins Aug. 28, 1993 ; CERTIFICATE m/NmmmmmeDMmq/mHlmnm//n/m/rtrNrmmm� STATE OF CALIFORNIA COUNTY OF MARIN I, the undersigned, ResidentAssisnm Secretuyof THE AMERICAN D the foregoing and attached POWER OF ATTORNEY remains in full for By-laws of the Corporation, and the Resolution of the /Bo�arddoof Directs Signed and sealed at the County of Marin. Dated the yL 121L11ay of , 4t 360711-TA-6-90(REV) 360711-TA490(REV) �I�� / 400- are rens in HEREBY CERTIFY that . Sections 45 and 46 of the • •• EXECUTED IN FOUR COUPARTS •BOND NO. SCR 111 3279 9195 PREMIUM: $3,519. SUBDIVISION FkITHFIIL PERFORMANCE BOND (GOVERNMENT CODE S 66499.1) %�� WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and THE LUSK COMPANY, a California Corporation (Lusk -San Juan (hereafter designated as "Principal"), have entered into a Sub- Division) division Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated May 21, 1 19 91 , and identified as Project Tiac1c138gets' is hereby referred to and made a part hereof; and WHEREAS, said Principal is required, under the terms of the said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW,. THEREFORE, we, the Principal and The American Insurance Company =, as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum Of Five hundred eighty -six -thousand five hundred (5586.Snn1 Dollars, lawful money of the Qnfted States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives -any rights, if there by any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in I 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 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 26th day of April 19 4t, at Irvine , California. APPROVED AS TO FORK.. J R. Shaw it Attorney u PRINCIPAL : THE LUSK COMPANY, a California o ration,(Lusk-San Juan Division) Secretary SURETY THE AMERICAN INSURANCE COMPANY By: A N L. BAER ATTORNEY-IN-FACT. (NOTARIZATION AND SEAL) ATTORNEY IN FACT ACKNOWLEDGMENT STATE OF CALIFeNIA County of.--..................[,i�.�.C,Z............................... 1 --'Ia . C On [hrs........................................aY of .........._._................... _._..............._._..... in the year........._._.....\...1,.......1....._..... ..._...._............., before me, a Notary Public m and for said ........... _. County, $tate of California, residing therein, duly commissioned and sworn, personally appeared ............. ...................... ............ ALAN ....L....©A'C'1iR....................... ........ ................................. Personally known to me, ❑ proved to me on the basis of ra a��q�y evidence to be the person whose name is subscribed to this instrument as the attorney in fact of......ME....AMERICA N._._INS NCE COMNAIVY N,,, IN ANCE COMPANY and acknowledged to me that *he —1 she subscribed the name of ......TI1.L....A.M.EBIGA _.-.......�.OR,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.,,.,...._.........,,-,.,,,,,,..,,,.,,,,_.___.thereto as surety, and [t his C1her own name 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. �l r Notary Public OFFICIAL @GAL MARIANot LU Pub R. Aldomia DO Nota:yy RANGE C"Cahfania i UFANuE CUUNiY My Comm. Exp. March 7, 1995 STATE OF C COMTY OF me, My commission expires personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the parson(s) acted, executed the instrument. OiFICIM SEAL SANDRA S. ALDEN NOTARY pueuc-cAlraNrh WITNESS my d and official seal. FARIMPAE OFFICE ORANGE COWRY Signatu My O m maken Ew Ort 4, 111 i (This area for official notarial seal) EXECUTED IN FOUR COUNTERPARTS F_ t L BOND NO. SCR 111 3279 9195 Premium Included LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS- That WHEREAS, the City of San �ygnL�gPi�YtYaa�rr4S ncarporation of Orange County, California, has awarded to Cnrnnrati on uwgk-San .T fan Ili vi si on) . License No. 13283381, hereinafter designated as "Principal", a contract for Street Improvements for Tract 13865 ;and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub -contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we THE LUSK COMPANY,a California Corporation(Lusk-S Juan Principal, and THE AMERICAN INSURANCE COMPANY .as surety, ar ivisi held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of Five hundred eighty-six thousand five hundred DOLLARS ($ 586,500 ), lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub -contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 3, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on 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. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, 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. -22- IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, -have been duly executed by the Principal and surety herein named on the 25th day of April 19 91 . The name and corporate seal of each corporate party -being a fixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. THE LUSK COMPANY, a California Corporation (Lusk -San Juan Division) �f r THE AMERICAN INSURANCE COMPANY SURETY Bye—� — ALAN L. BAER ATTORNEY-IN-FACT. -23- ATTORNEY IN FACT ACKNOWLEDGMENT STATE OF CALIF NI �. onol uv.GE............ Vt{{u{{..................... pp On this ......._._...._....�?-{R_..1..:'.............................day of ..................1" 4 ...._ - .., in the year ..............._...L...L.1.............. .............. .........., before me, a Notary Public in and for said ��t ))) appeared ..............................................................................................County, State of California, residing therein, duly commissioned and sworn, personally pad............................................... ALAN ...L... BAER ............................................-.................. t personally known to me, ❑ proved to me on the basis of saMPAHY evidence to be the person whose name is subscribed to this instrument as the attorney in fact of.......SH.F AMERICAN.....lmstu.RA E . CO _ _ _ and acknowledged to me that jhe ❑ she subscribed the name of ........THE. ..IaJtI ZRJ.CAIS....INSURANCE ....COMPANY.................................................. thereto as surety, and' his F1 her own name as attorney in fact. IN WITNES WHEREOF, I have hereunto set my hand and affixed my official seal, t e day and year stated in this certificate above, ............................ .......G7ti...2......t._/ r......... :i��"}•. OFFICIAL SEAL �� Y blil J MARIA Ll11SA i ADfornia O c�^ea Nola ryy NGE COUNTY � GRANGE C6UWTY sews—r_aa My Comm. Exp. March 7, IN5 STATE OF CF COUNTY OF before me, appeared My commission expires personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. OAaft UK SANDRA S. AMEN NOTARY wwo . CAUPCIRNsa WITNESS my nd and official seal. PRINCIPAL OFFICE IN ORANGE COUNTY �i 1.7y IAmntSSMA 4zp Gec 4. 1997 (This area for official notarial seal) bENFRAL POWER OF 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 CA its we and w Attomey(syin-Fact, with full power and authority lembyrouterredin its name, plaoeand stead, to execute, seat, acknowledge and deliver any and W bonds, undertaking, recoptiraaas or other written obligations inthemtunthereot 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 VI. Appointment and Authority of Resident SeerenAey Attorneyr-fa-Fad andAgests to sompt Legs(Process and Ma"Appearaeaes. 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 VieePreside st may, from time to thee, 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. Authority. The authority of such Resident Assistant Secretaries, Atloraeyrin-Fact and Agents shall be as prescribed is the Instrument evidencing their appointment. Any such appointment and all authority granted thereby may be rooked at airy time by the Board of Dhectorsor 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 hes not been amended or repealed: "RESOLVED, that the signature of any Via -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation maybe affixed or printed on any power of attorney, on any revocation of any power of attomry, 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 1st dayof June 19 90 = �✓'e` THE AMERICAN INSURANCE COMPANY By JG9I4rr COO B � Vw[-Preieeee STATE OF CALIFORNIA t COUNTY OF MARIN On this LS.t_ day of .Tim p 19 90._, beforeme personally came R. D. Farnsworth to me known, who, being by roe duly sworn, did depose and say: that he is V`c President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seat 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 aid Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I Nave hereunto set my hand and affixed my official seal, the day and year herein first above written. ' arnsunntnmiunninnNte n nmmmmm■ OFFICIAL SEAL C J. M. VANDEVORT a V NOTARY PUBLIC -CALIFORNIA g G(� cess rraufr Principal Office in Marin County Mr Clnemndon Expires Avg. 28, 1992 CERIMCATE .�IIItNnMNNWtln ----snNNtminNtnNlral: STATE OF CALIFORNIA ss. COUNTY OF MARIN 1, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY,a NEBRASKA Corporation, DO HEREBY CERTIFY dust the foregoing and attached POWER OF ATTORNEY remains in full force 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; ad forth in the P of Attorney, are now in fora. Signed and sealed at the Cowry of Marin. Dated the day of _, 19 A. t +�"�,�� Accident Aaisamaevna,y 360711 -TA-&" (REV) AO ••EXECUTED IN FOUR COU LARTS BOND NO. SCR Ill 3279 9211 PREMIUM: $3,949. SUBDIVISION FkITHFUL PERFORMANCE BOND (GOVERNMENTN CODE S 66499.1) , WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and THE LUSK COMPANY, a California Corporation (Lusk -San Juan (hereafter designated as "Principal*), have entered into a Sub- Division) division Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated Storm Drain Imprv. May 21, , 19 91 , and identified as Project Tract 13865 , is hereby referred to and made a part hereof; and WHEREAS, said Principal is required, under the terms of the said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, we, the Principal and The American Insurance Company :" as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter. called "Obligee"), in the sum of Six hundred fifty .eighi_thopsand one hundred fifty-six ($658,156) Dollars, lawful money of the CzL+ted States, for the payment of, which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there by any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: I. As a part of the obligation secured hereby, and in •0 addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorneys 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 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 26th day of April 19 41, at Irvine , California. pg�p THE LUSK COMPANY, a California Corporation,(Lusk-San Juan Division Swretery SURETY THE AMERICAN INSURANCE COMPANY APPROVED AS TO FORM. ALAN L. BAER AT ORNEY-IN-FACT. J R. Saw (NOTARIZATION AND SEAL) it Attorney ATTORNEY IN FACT ACKNOWLEDGMENT STATE OF CAMFBBNIA_GE Countyof.............._._".....{......K....A_...1.V.................._.................._.._.. f On this ... . 1t" .. ....day of........ .........., to the year .......4 .... ......_._.., before me, a Notary Public in and for said GRANGE n D County- State of California, residing therein, duly commissioned and sworn, personally appeared ... ... .... ......f11t117 , . _N ... ........ personally known to me, ❑ proved to me on the basis of sat�yW evidence to be the person whose name is 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 ...._TNE ,AMERICAN..,, INSURANCE .COMPANY..................................................thereto as surety, and his ❑ her own name as attorney in fact. IN WITNESS WHEREOF, i have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. C�G0 ary Public OFFICIAL SEAL _._......__. ...... .. ..... .. ....._._.. _............. w; MARIA LUISA R. ARUINALW Not Nofarp Public-Caldornia s�♦ 0 NCE COUNTY My commission expires ... .............. ............... .................. My Comm Exp. March 7, 1995 arroo�a—i-u STATE OF me, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my d and official seal. Signat e / (This area for official notarial seal) EXECUTED IN FOUR COUNTERPARTS • BOND NO. SCR III 3279 9211 Premium Included LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San IHEnLU51c'COMPANYaa tiaii£oVioorporation of Orange County, California, has awarded to a}inn (T.nek-San .TllAn nivicinn) ,License No. 13283381, hereinafter designated as ' Principal", a contract for Storm Drain fnT Tran} 11RSS ; and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub -contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we THE LUSK COMPANY,a California Corporation(Lusk-Sali Juan Principal, and THE AMERICAN as surety, ar ivisior held firmly bound unto the City of 5an Juan Capistrano a municipal corporation, in the penal sum of Six hundred fifty-eight thousand one hundred fifty-six DOLLARS ($ 558,156 ), lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub -contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 3, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on 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. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, 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. -22- IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, -have been duly executed by the Principal and surety herein named on the 25th day of April 19 91 . The name and corporate seal of each corporate party being hereto affixed and these Presents duly signed by its undersigned representatives pursuant to authority of its governing body. APPROVED AS TO FORM THE LUSK COMPANY, a California Corporation (Lusk -San Juan Division) THE AMERICAN INSURANCE COMPANY SURETY By -- ALAN L'. BAER ATTORNEY-IN-FACT. -23- ATTORNEY IN FACT ACKNOWLEDGMENT STATE OF CALIFOBIYIA NCE County of .. ... .UKP... . _. On this ............. day of .... ` ...... ....._...._, in the year ................... cll. ............. before me, a Notary Public in and for said bRANGE .County, State of California, residing therein, duly commissioned and sworn, personally appeared .................. .............................. ............._ALAN...L......_AE............................................ ....... 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 .....)NS.U.RMICE._.Cfl.1.it MANY ..................... and acknowledged to me that 4he ❑ she subscribed the name of... THE AMERICAN INSURAN.C.E.-COMPAN...................................................thereto as surety, andhis ❑ her own name as attorney in fact. IN WITNESfWHEREOF, I have hereunto set my hand and affixed my official sea]. t e day and year stated in this certificate above. I .................... Noary Public My commission expires to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the pers aAiaMrllwas OFFIM SFAI person(s) acted, executed the instrument. SANDRA S. ALDEN NOTWY PUMX - CA IFOMM "CAPAt OFFICE al WITNESS my hand official seal. / ply co i1' X / /I 6 , My Cpm an &P. Dec 4, lit (This area for official notarial seal) :! OFFICIAL SEAL MARIA LUISA R. AGUINALIXI Nota�rp NGE C,California OiIANuF COUNTY My Comm EMP. March 7, 1995 aaawe—r-aa I .................... Noary Public My commission expires to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the pers aAiaMrllwas OFFIM SFAI person(s) acted, executed the instrument. SANDRA S. ALDEN NOTWY PUMX - CA IFOMM "CAPAt OFFICE al WITNESS my hand official seal. / ply co i1' X / /I 6 , My Cpm an &P. Dec 4, lit (This area for official notarial seal) GFJQUtAL • ! POWER RRNEY 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, 1 W. 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 itstrueand w ul'Attorney(s)-In-Fact, with full power and authorityherebyconferred inits name, ptaceand Steed. mexecute. seal, admowiedge and deliver any and all bonds, undertaking, recoguirances or other written obligations in the nature thereof and to bind the Corporation thereby as fully and to the same extent a 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)•io-Pad 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 VH. Appointment andAnthority ofResidnt Seoehrfes, Atiorneysia Fad and Agents to accept Lesd Process end AfakApparaaoa. Section 45. Appointment. The Chairman of the Board of Directors, the President, any Via-Preaident or any other person aethorlaed by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice Predded may, from time to time, appoint Resident Assistant Secretaries and Attoraeys4n-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 hi -Fad and Agents shall be a prescribed Y the hNramnt e"den ing their appointment. Any such appointment and an authority granted thereby may be revoked at any tlme by the Board of Directors orbyaayPerson 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 ban amended or repealed: "RESOLVED, that the signature of any Via -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 bas caused these presents to be signed by its Via -President, and its corporate NO to be hereunto affixed this 1st dayof June 19-10— THE 990 THE AMERICAN INSURANCE COMPANY SL�.MC ['COY•' By - � Vleo-[hmeeo( STATE OF CALIFORNIA mm COUNTY OF MARIN On this T s r day of .fir rte ___19 ()0 before me personally came 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 seat 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 afrhed my official seal, the day and year herein fiat above written. �etrsuuulNwsltnnmNNrsmsasnnrstrlmslln ■ OFFICIAL SEAL Z G(? V 1. M. VANDEVORT 5 NOTARY PUBLIC •CALIFORNIA g taw,raeur Principal Office in Marin County My Cammb(ion Ixpne/ Aug. 28. 1992 CERTIF[CATE InNNNNNttNNNIN101tptOttNrrNlnNrMln1� � STATE OF CALIFORNIA COUNTY OF MAKIN mm. I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE the foregoing and attached POWER OF ATTORNEY remains in full fora and has nc BY -laws of the Corporation, and the Resolution of the Board of Directors; set forth i Signed and sealed at the County of Marin. Dated the d-1,1 day of J` SMC( COWL 360711-TA-&90(REV) NEBRASKA Cocpontion,DOHEREBYCERTIFYthat and furthermore that Article VII, Sections 45 and 46 of the lttorney, are now in force. C 19 EXECUTED IN FOUR CO*RPARTS 0 CONTRACT BOND -CALIFORNIA FAITHFUL PERFORMANCE -PUBLIC WORK Bond No. SCR 11I 32799245 Initial premium charged for thi bond is $ 126. subject to adjustment upon completion of contract at applicable rate on final contract price. KNOW ALL MEN BY THESE PRESENTS, That THE LUSK COMPANY,a California Corporation Of (Lusk- San Juan Division) , as Principal, and the THE AMERICAN INSURANCE COMPANY , a corporation .organize an existing under the laws ot Nebraska and authorized to transact surety business in the State of Cali ornia, as Surety, are held and firmly bound unto City of San Juan Capistrano, in the sum of Twenty-one thousand dollars ($ 21,000 ), for the payment w ereo , well and truly to be made, sal Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, that WHEREAS, the above -bounden Principal has entered into a Contract dated May 21,1991 19 , with the City of San Juan Capistrano to o and perform a ollowing work, to wit: Subdivision Monuments for Tract 13865 NOW, THEREFORE, if the above -bounden Principal shall faithfully perform all the provisions of said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 26th day of April, 1991 THE LUSK COMPANY, a California (Lusk-San.Zuan Division) APPROVED AS TO FORM. by�C�°-Y Secretary THE AMERICAN INSURANCE COMPANY JO 4�.Saw Surety Ci Atorney - / by NOTE:. Ac nowledgments of execution of Pr�ipa and Surety must be attachod. ATTORNEY IN FACT ACKNOWLEDGMENT STATE OF CALJQ.-N_IA Countyof .............. .....{14GE..................... ................ ` ��" (� On this ..._._ ............................... day of ...._.._._.......-.7.�..-.`—\ .._.................., in the year..............._S.._S.I_.._......._......_._............... ., before me, a Notary Public in and for said ........_..._._......_._................c%�.— O'E ................f,.........(.,�..._............................County, State of California, residing therein, duly commissioned and sworn, personally appeared ............................................ AIAN...L ...BAEIt............. '"{{y, personally known to me, roved to me on the basis of ea evidence ................................................................_.................. p tp�y to be the person whose name he subscribed to this instrument as the attorney in fact of.....T.E .AM RICAN INSURANCE CO NY 1...._.._......_.........._..._....................................._.._............................._..........._..._._._._... and acknowledged to me that he ❑ she subscribed the name of ........THE AMERICAN INSURANCE__COMPANY......................................_..,_.._thereto as surety, and (� hfs ❑her own ate as attorney in fact. IN WITNES WHEREOF, I have hereunto set my hand and affixed my official seal, t day and year staled in this certificate above. STATE OF C/ COUNTY OF me, appeared o ....................... L i �..........._..... .................. Notary Public My commission expires personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capaciry(ies), and that by his/her/their signatures) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. OFFICIAL SEAL ••_ MARIA AStorala 10 WITNESS my d and official seal. Nol�LUISAypub c COUNTY e�.♦ UIWNGE My Comm. Exp. March 7, 1995 STATE OF C/ COUNTY OF me, appeared o ....................... L i �..........._..... .................. Notary Public My commission expires personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capaciry(ies), and that by his/her/their signatures) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. OFFICIAL 11A1 SANDRA S. ALDEN WITNESS my d and official seal. � QOTARY PUBLIC CALIFORNIA . �'® PRINCIPAL OFFICE IN ORANGE COUNTY Signatur MY Camsbm Up. Dec 1, 1991 (This area for offioial notarw seep PQV47R 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, 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, coustituteand appoint . ---ALAN L. BAER --- SANTA ][p� CA its true and fawfufAttorney(s)-in-Fact, with full power and authority haebyeonferredinits name, plaaandstead, toexerute, seal, aclmowledgeand deliver any and all bonds, undertaking, rewgoizarim or other written obligations in the nature thereof and to bind the Corporation thereby as fully and to the same Idem 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 Attonsey(*in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 acrd 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full fora and effect. "Article V13. Appointment Bad Authod4 ofResWeat Seerelarles,Attorneys-fo-Fid and Agents toaore- LegalProcesssodllfakeAppeoranaa. Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vlce-Pveddeat or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice -President stay, from time to time, appoint Resident Assistant Secretaries and Attorneys -in -Fad to represent and ad for and on behalf of the Corporation and Agents to accept in d proves and make appearances for and on behalf of the Corporation. Section 46. Authority. The authority of such Resident Assistant Secretaries, AttorneyNo-Fad and Agents shall be in prescribed In the instrument evidencing their appointment. Any such appointment and all authority granted thereby may be cooked at any time by the Board of Dbeeton or by nay 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 moracy, or on a nycertifirateretating 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 STATE OF CALIFORNIA COUNTY OF MARIN 1st dayof June On this 191- dayof .Tune to me known, who, being by me duly sworn, did it described in and which executed the above fi sttum, seal; that it was so affixed by order of the Board of 19 90 THE AMERICAN INSURANCE COMPANY By R. D. Farnsworth to Ba v like corporate IN WITNESS WHEREOF, I have hereunto set my band acrd affued my official seal, the day and year herein first above written. gNIMIliMNNIINU"I"I ll111NeNN V"MUMN OFFICIAL SEAL 1 J. M. VANDEVORT a NOTARY PUBLIC -CALIFORNIA g G(? Nvwrtvam Principal Office in Marin County = My Commission Expires Aug. 28. 1992 CERTIFICATE - NOW ------ Ne/MNM11N/rN� STATE OF CALIFORNIA COUNTY OF MARIN ss. ResidentAssistam Signed and scaled at the Comfy of Marin. Dated the - 1— day of 760711 -TA-&" (REV) MRANCECOMPANY,a NEBRASKA Corporation, DO HEREBY CERTIFY that cc and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the as; set forth in the Power of Attorney, we now in fora. E RECEIVED SEr 30 I is PM'9! CITY CLERK DCflARTMENT cITT GF SAN JUAN ':Aills I Rhme RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 91=496887 4R RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA 4:00 P.M. SEP 12 1991 4a Q' c181Q"e-ZRecorder RECORDI G FEES E MPT DUE TO GOVERNME T CO SECTION 6103 CHERYL HN N, ITY LERP. PROJECT: Tract 13865 IMPROVEMENT AGREEMENT THIS AGREEMENT, made pursuant to the provisions of Division 2 of Title 7 of the Government Code of the State of California, by and between the City of San Juan Capistrano, a Municipal Corporation, hereinafter called the "CITY" and The Lusk Company, whose mailing address is P.O. Box C-19560, Irvine, California 92713, hereinafter called the "DEVELOPER". WITNESSETH: WHEREAS, the CITY has conditionally approved Tentative Tract 13865; and WHEREAS, DEVELOPER desires to postpone the completion of the public and/or private improvements for three years; and WHEREAS, in consideration of the CITY's approval of the request for postponement, DEVELOPER has agreed to provide such security as may be required by CITY to guarantee that all improvements for Tract 13865 will be installed in a timely manner. NOW, THEREFORE, in consideration of the premises and promises hereinafter contained CITY and DEVELOPER agree as follows: 1. DEVELOPER shall, at its sole cost and expense, provide and furnish all labor, materials and equipment for the installation of improvements for Tract 13865 shown on the Improvement Plans and Specifications approved by the CITY; all such plans and specifications are on file in the office of the City Engineer and are incorporated herein by reference. "Improvements" include: all off-site grading work; paving of all streets, alleys and public service easements; construction of concrete curbs, gutters, cross gutters and sidewalks; installation of storm drainage and sanitary sewerage facilities; installation of underground conduit and street lighting system; installation of all street signs; the design and construction of a traffic signal at La Novia Avenue and Via Entrada; the supplying and planting of all parkway trees; the installation of all appurtenances; the furnishing of all engineering costs and services to do and complete said work; and to do and complete all other acts and obligations required by the CITY as condition of the approval of the project. The City Engineer shall determine the estimated costs of said improvements to be used for the security required herein. a PROJV. Tract 13865 2. DEVELOPER shall design and construct the following off-site improvements and enter into a reimbursement agreement for same: - La Novia Avenue Bridge widening, including rip rap for bridge pier protection and the requisite drop structure; - Traffic signal and minor intersection widening at Valle Road and San Juan Creek Road; - Traffic signal at Valle Road and the proposed extension of La Novia Avenue. 3. DEVELOPER shall pay participation fees conjointly with this agreement to help mitigate the increased traffic impact caused by his development as follows: For Traffic Sienals: La Novia Avenue and Calle Arroyo $ 14,400 La Novia Avenue and San Juan Creek Road 10,800 For Street Improvements: Valle Road, San Juan Creek Road to 1-5 Ramps $ 31,280 San Juan Creek Road, Valle Rd to La Novia Ave 293,680 San Juan Creek Road, Valle Rd to Camino Capistrano 24,700 Ortega Highway, Rancho Viejo Rd to I-5 116,280 TOTAL $491,060 4. It is anticipated that Tract 13865 will be phase I of the four tracts being developed by developer in this area. Should developer wish to change his phasing, items 2, 3, and 4 which pertain to off site improvements and participation fees shall be made a part of the Improvement Agreement for whichever tract becomes phase 1. 5. DEVELOPER shall, at its sole cost and expense, provide and install all on- site water mains and appurtenances and shall provide all labor and materials to connect the same to existing mains and facilities of the Capistrano Valley Water District, in accordance with all of the requirements of said District. 6. DEVELOPER agrees to pay all applicable fees imposed by CITY's ordinance and resolutions as conditions of approval of Tract 13865 and the improvements therefor. 7. DEVELOPER shall provide the following surety, all of which shall meet the requirements of Chapter 5, Division 2, Title 7 of the Government Code: (a) a faithful performance surety in an amount equal to the total estimated cost of work for improvements not to be dedicated to the CITY but inspected by CITY personnel; (b) a faithful performance surety equal to the total estimated cost of work and improvements to be dedicated to the CITY; (c) a labor and materials surety equal to the total estimated cost of work and improvements to be dedicated to the CITY securing payment to the contractor, any sub -contractors and persons providing equipment, labor and/or materials for and/or account of such improvements. 0 PROD* Tract 13865 The surety bonds shall provide that CITY, as beneficiary, shall be entitled to attorney's fees in the event that CITY is required to bring legal action to enforce the terms of the surety. 8. The City Engineer of the City of San Juan Capistrano may make such changes, alterations or additions to the plans and specifications for said work and improvements which do not exceed ten percent (10%) of the total estimated cost set forth in paragraph 4 above, as may be determined necessary and desirable by him for the proper completion of said work and improvement or as required for the safety and welfare of the public and no such changes, alterations or additions shall relieve the DEVELOPER from the faithful performance of this agreement. 9. DEVELOPER agrees to complete all of said work and improvement and to pay all costs specified herein within a period of three years from the date of this agreement. If additional time is needed, an extension may be granted by the City Engineer on the showing of good cause. Any such extension shall, however, be subject to all of the terms and conditions of this agreement, and any surety or other security shall continue in full force and effect until the work and improvement has been accepted by the CITY. 10. DEVELOPER agrees that CITY may, without any notice, and at its sole option, at any time after the time for completion has passed, complete, or cause to be completed, all or any part of the said work, and DEVELOPER shall pay to said CITY, upon demand, all of the cost of any of said work done by the CITY, its agents and contractors, or any of them, to complete all or any part of said work. I1. DEVELOPER agrees to pay CITY such sum as the Court may adjudge as reasonable for the legal services of any attorney representing the CITY in any action brought to enforce or interpret the obligations of this instrument, and such sum shall be made a part of any judgment in such action against the DEVELOPER if such action is determined in favor of the said CITY. 12. CITY, its officers and employees, except for their own acts shall not be liable or responsible for any accident, loss or damage happening or occurring to the improvements specified in this agreement prior to the completion and acceptance of said improvements by the CITY. 13. 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. 14. 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 the DEVELOPER, his contractor, sub -contractors, agents or employees in the performance of this agreement. DEVELOPER shall maintain liability insurance in the amount of $1,000,000 combined single limit at all times during the life of this agreement, naming the CITY as a co-insured. 15. CITY agrees, in consideration of the promises herein made by DEVELOPER, to permit the DEVELOPER to postpone the completion of improvements for three years until July 16, 1994. PROJEO Tract 13865 IN WITNESS WHEREOF, the parties have executed this agreement as of July 16, 1991. ATTEST: Cheryl Johng6n, dlity Clerk APPROVED AS TO FORM: -4 V Z401 om Clark , CITY ATT O Y w CITY OF SAN JUAN CAPISTRANO t K nneth Friess, MAYOR THE LUSK COMPANY A CALIFORNIA CORPORATION OWNER BY �Q VICE PRE ENT BY -` ECRETARY CORPORATE ACKNOWLEDGMENT State of California l } SS. County of OranPe )JJ OFFICIAL SEAL CHERYL A. JOHNSON aOFMGE NOTARY PUBLIC - CALIFORNIA COUMTY My cwnm, expires DEC 13, 1993 On this the 16thday of July 19- 1, before me, Chert' A. Johnson the undersigned Notary Public, personally appeared -------Kenneth E. Friess ----------- )IJ personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(4) who executed the within instrurrlent as Mavor City of San J,V &jp, aR�5,4.T�f, named, and acknowledged to me tt WITNESS my hand and official seal. ATTENTION NOTARY: Although the int m tion requested below is OPTIONAL, It coUd Prevent traWdent altactvr e t of this certificate to another document. THIS CERTIFICATE Title or Type of Document Tmi rovempnt Agreement Tract 13865 MUST BE ATTACHED {.lumber of Pages 4 Date of Document July 16, 1991 TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above The Lusk Company om O NRION&N DWYAS50CL17gN•8®1l Fla, M.•G0.Box7104•Cru9,HA,G 913047184 CAT. NO. NNO0737 TO 1945 CA (8-84) (Corporation) TICOR TITLE INSURANCE STATE OF CALIFORNIA COUNTY OF Orange SS. On May 16. 1990 before me, the undersigned, a Notary Public in and for said State, personally appeared .7; personally known to me or proved to me on the basis of satisfactory evidence to be ttte pes n who executed C the within instrument as the v S President, and Richazq T. Deihl personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Secretary of the Corporation that executed the within instrument and acknowledged to me that such corporation executed the within instru- ment pursuant to its by-laws or a resolution of its board of directors. W17ESS m �hand and offi seal. Signatur/ }11GC('i ,,,,,,ma SEALHERNDON-aCALIFORNIAUNTYug. 19, 1991 (This area for official notarial scall �4. 13865 AND 13866 AREAS C AND D (GLENFED/LUSK COMPANY/TORSON PACIFIC) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING ACCEPTANCE OF RIGHT-OF-WAY FOR SAN JUAN CREEK ROAD ON THE SOUTH SIDE FROM FORSTER CANYON ROAD EAST 253' AND THE NORTH SIDE ADJACENT TO THE SAN JUAN HILLS GOLF COURSE (GLENFED/LUSK/TORSON PACIFIC) The motion carried by the following vote: AYES: Councilmen Jones, Buchheim, Vasquez, and Mayor Friess NOES: None ABSENT: Councilman Hausdorfer The City Clerk was directed to record the documents with the Orange County Recorder's Office. s • 4; • 4 • . • �• ; • • �!Y! �4 :.Y • Y = l;. �IYl �l il� �lYt. >� Written Communication: Report dated July 16, 1991, from the Director of Engineering and Building, advising that the Final Maps were found to be in compliance with the approved Tentative Tract Maps and recommending that the Improvement Agreements and Final Maps be approved for Tracts 13436, 13437, 13865 and 13866. The report also forwarded for approval a Construction Cost Apportionment and Reimbursement Agreement to insure construction of off-site improvements and a Slope Displacement Warranty Program Agreement providing for a combined homeowner/developer surety of $946,000 for any repairs necessary due to slope displacement. Donald Steffenson, The Lusk Company, P. O. Box C-19560, Irvine, was present to answer questions and introduced Scott Kelly, project manager. The Director of Engineering and Building made an oral presentation. The City Attorney stated that since the City was unable to reach an agreement with Glenfed regarding the -12- 7/16/91 dedication of the river bottom property by quitclaim, Glenfed has indicated they would provide the City with a Letter of Credit in the amount of $1,636,335 by July 19, 1991, which would satisfy the parkland dedication requirement. Before October 15, 1991, the City and Glenfed would attempt to reach agreement regarding conveyance of the land. In the event an acceptable agreement was not reached, the City would draw on the Letter of Credit and the park and recreation fee obligation would be satisfied. He provided a letter and draft Letter of Credit both dated July 16, 1991, setting forth the provisions relative to the park land dedication and amended the recommendation listed in the staff report. ApRroval of Program. Agreements, and Final Maps: It was moved by Councilman Buchheim, seconded by Councilman Jones, and unanimously carried to approve the Slope Displacement Warranty Program, Construction Cost Apportionment and Reimbursement Agreement, the Improvement Agreements and, subject to a condition subsequent to approval and condition precedent to recordation that Glendale Federal Bank provide to the City an unconditional irrevocable letter of credit in favor of the City in the amount of $1,636,335 to secure satisfaction of the condition for park land dedication or payment of in -lieu fees as more specifically set forth in the letter dated July 16, 1991, executed by Richard R. Rebal, Executive Vice President, Glendale Federal Bank and substantially in the form of the letter of credit attached thereto, the Final Maps for Tract 13436, 13437, -13865 and 13866 (G1enFed/Lusk). The Mayor and City Clerk were authorized to execute the agreements and the City Engineer and City Clerk were authorized to execute the Final Maps subject to the conditions stated above. The City Clerk was directed to record all documents with the Orange County Recorder's office upon satisfaction of the above -stated condition to provide the City an unconditional irrevocable letter of credit. 1. O Written Communication: Report dated July 16, 1991, from the Director of Community Services, providing an overview of the various activities associated with the Open Space Master Plan and Measure D. Mark Clancey, 31982 Via de Linda, representing Friends of Historic San Juan Capistrano, expressed concern that three of the four alternatives presented by the Keith French Group at the last Open Space workshop proposed a City maintenance -13- 7/16/91 AGENDA ITEM C a PY July 16, 1991 TO: Stephen B. Julian, City Manager FROM: William M. Huber, Director of Engineering be Building SUBJECT: Approval of Slope Displacement Warranty Program, Improvement Agreement, Construction Cost Apportionment and Reimbursement Agreement and Final Maps, Tracts 13436, 13437, 13865, 13866; GlenFed/Lusk, Areas C & D, 1000' South of La Novia/San Juan Creek Road SITUATION The subject maps have been reviewed and checked by the Engineering Division and are ready for City Council consideration. The maps have been found to be in substantial conformance with Tentative Tract Maps 13436 and 13437 and the Subdivision Map Act. All necessary conditions of approval required prior to Final Map approval by Council Resolutions (Attachments #2 and #3) have been met. All fees, except Park and Recreation, and sureties have been paid and submitted to the City. Due to discrepancies in the final amount of usable dedicated parkland acreage and the amount of acreage reviewed by Park and Recreation and Planning Commissions, the developer has submitted bonding equal to 125% of the required fee. Said bond shall be held by the City until resolution of the land dedication. The Improvement Agreement (Attachment #4) binds the developer and his successors to complete all street, sewer, storm drain and recreational trail improvements. The attached Construction Cost Apportionment and Reimbursement Agreement (Attachment #5) insures off-site improvements (La Novia Bridge widening and signalization of San Juan Creek Road/Valle Road) as conditioned by approval of the Tentative Maps. Installation deadlines are described in Section 3 of the Agreement. The Slope Displacement Warranty Program (Attachment #6) provides a combined homeowner/developer surety of $964,000 for slope repair. NOTIFICATION GlenFed Development (Louise Larson) Lusk Company (David Steffensen) Lockman and Associates, Project Engineers (Lee Johnson) Adjacent Homeowners Associations COMMISSION/BOARD REVIEW, RECOMMENDATIONS These tracts have been previously reviewed by Parks and Recreation, Equestrian, Traffic and Transportation and Planning Commissions and the City Council. FOR C'-"" COUNCH.AGENW 13c� AGENDA ITEM • . July 16, 1991 Page 2 FINANCIAL CONSIDERATIONS All required fees have been paid and sureties posted except as noted under Situation. ALTERNATE ACTIONS By motion approve agreements and final maps. 2. Do not approve the agreements or maps. 3. Request additional information from Staff. RECOMMENDATION By motion, approve the Slope Displacement Warranty Program, Construction Cost Apportionment and Reimbursement Agreement, the Improvement Agreement and Final Maps for Tracts 13436, 13437, 13865 and 13866 (G1enFed/Lusk). Authorize the Mayor and City Clerk to execute the agreements and the City Engineer and City Clerk to execute the Final Maps. Direct the City Clerk to record all documents with the Orange County Recorder's Office. Respectfully submitted, William M. Huber, P.E. W MH/RAF:cI Attachments: 1. Location Map 2. Resolution 89-6-6-4, Tentative Tract 13436, Area C 3. Resolution 89-6-6-5, Tentative Tract 13437, Area D 4. Improvement Agreement 5. Construction Cost Apportionment and Reimbursement Agreement 6. Slope Displacement Warranty Program y ATTVXCHMENT #-1 Lj i t g � � J l rugw uu u um ® ,oa n S t ° o e r r P� c.. a e t� a a .a ==-- PROJECT LOCATION rojo ?is _ qln 0 ATTACHMENT +2 RESOLUTION NO. 89-6-6-4 APPROVING VESTING TENTATIVE TRACT MAP 13436 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP 13436 (GLENFED DEVELOPMENT) WHEREAS, the applicant, Glenfed Development Corporation, California, has submitted Tentative Tract Map 13436, proposing to subdivide approximately 78 acres of land into 26 lots, described as a portion of Sections 7 and 8, TBS, R8W, of the San Bernardino Meridian, City of San Juan Capistrano, County of Orange; and, WHEREAS, the City's Environmental Review Board has determined that the proposed project will have a significant effect on the environment, has required the preparation of an environmental impact report, which report has been certified as final by the City Council, and has otherwise carried out all requirements of the California Enviromental Quality Act; and, WHEREAS, the City Planning Commission has forwarded the Vesting Tentative Tract Map to the City Council recommending approval; and, WHEREAS, a public hearing has been duly advertised and held to review and receive public testimony on the application; and, WHEREAS, the City Council of the City of San Juan Capistrano finds and determines as follows: 1. The proposed project, as conditioned, and its design and improvements are consistent with the PC designation on the General Plan map and is otherwise consistent with all other elements of the General Plan. 2. The proposed project, as conditioned, conforms to all applicable requirements of Title 9 of the City's Municipal Code (Land Use) and is consistent with the approved residential concept plan. 3. The project site is physically suitable for the type and density of the proposed development. 4. The design and improvements of the proposed project will not cause substantial environmental damage; nor will said design or improvements avoidably injure wildlife or their habitat. 3. The design or improvements of the proposed project will not cause serious public health problems. 6. The design or improvements of the proposed project will not conflict with easements acquired by the public at large for access through or use of property within the proposed project. 102 • • 7. The design or improvements of the proposed project will not interfere with the maintenance of preservation of an historical site. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano, does hereby approve Vesting Tentative Tract Map 13436, subject to the following conditions: 1. Home Warrant - The provisions of Chapter 8-6 of the Municipal Code ome Warranty ordinance) shall apply to any person, firm or corporation selling or offering for sale within the project three or more dwelling units --not previously occupied for residential purposes --during any 12 -month period. 2. CC&R's - A set of Conditions, Covenants and Restrictions (CC&R's) shall SW prepared and implemented for the project. The CC&R's shall include at a minimum: A. Provisions on the use and maintenance, by the homeowners' association, of recreation areas, other common areas, and slopes. b. The prohibition of radio or television antennas projecting above any roof eaves (pursuant to Section 9-3.609 of the Municipal Code). -�j The CC&R's shall be approved by the City Attorney prior to approval of a final map. Future modifications to the CC&R's shall be submitted to the City for review and approval. 3. Grading Plan - A preliminary grading plan for the project shall be approved by the Planning Commission prior to approval of a final map. Said plan shall be designed to conform to the following criteria: a. The grading plan shall incorporate variable slopes on all major manufactured slopes which simulate natural topography. b. Tops and toes of slopes shall be meandering such that straight edges are not created. C. Tops and toes of slopes shall be vertically rounded. The major landform features shall be reflected in the grading plan. d. When blending manufactured slopes to natural topography, the grading plan shall emphasize the underlying natural area. For example, if a cut slope is across a knoll, the graded slope contours shall be bent to simulate the previous natural element (knoll); with ravines, the manufactured slope shall use conclave contouring that would visually simulate a ravine. 4 Architecture - Architectural elevations shall be approved by the Planning Commission prior to approval of a final map. -2- 0 i 1U3 S. Landsca a and WP- Landscape, street tree, and fence/wall plans shall a prepared aall ndlans implemented for the entire project. Preliminary landscaping, street tree, fence/wall plans shall be approved by the �j Planning Commission prior to approval of a final map. Following such plan approval, final working drawings shall be approved by the Director of Community Planning and Development. Landscaping Installation - Landscaping shall be installed as follows: (1) Erosion -control landscaping for all manufactured slopes shall be installed immediately after the certification of rough grading by the City. (2) Street trees and all other non -erosion -control landscaping shall be installed in accordance with a landscape phasing plan approved by the Director of Community Planning and Development. No final building inspection shall be conducted for any dwelling unit within a given phase until all landscaping has been installed for that phase and approved by the Department of Community Planning and Development. Landscape Maintenance and Maintenance Easements - The developer shall be responsible for adequately installing and maintaining all landscaping until such maintenance may be assumed by the homeowners' association. An open space maintenance easement shall be created over all major slopes that are within residential lots. Landscaping on said slopes shall be maintained by the homeowners' association. 8. Street Names - Street names shall be approved by the Director of Community Fanning and Development prior to approval of a final map. 9. Vehicular Access Rights - Vehicular access rights to all primary, secondary, and commuter highways shall be released and relinquished to the City except at street intersections. 10. Public Streets - The following public streets shall be designed, constructed, and dedicated in accordance with Section 9-4.103 of the Municipal Code: "A" Street 11. Private Streets - The following private streets shall be designed and constructed in with Section 9-4.103 of the Municipal Code: 12. "B," "C," "D," "E," "F," and "G" Streets. -3- the pply 1®4 • • 13. Sloe Warrant - The developer shall participate in the City's Slope WarrantyProgram. PASTED, APPROVED, AND ADOPTED this of June , 1989. ATTEST: ,imomWIS e 6th day STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) 1, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 89-6-6-4 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 6th day of June , 1989, by the following vote: AYES: Councilmen Schwartze, Friess, Bland and Mayor Hausdorfer NOES= None ABSENT: Councilman Buchheim -4- 0 9 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) MARY ANN HANOVER, being first duly sworn, deposes and says: That she is the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws of the State of California and in further compliance with City Resolution No. 83-12-20-3 and on the 13th day Of June , 1989, she caused to be posted: RESOLUTION NO. 89-6-6-4 , being: APPROVING VESTING TENTATIVE TRACT MAP 13436 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP 13436 (GLENFED DEVELOPMENT? in three (3) public places in the City of San Juan Capistrano, to wit: City Hall; Old Fire Station Recreation Complex; Orange County Public Library. CHECK LIST ORD. NO. RES. NOd? 6 4- f f Mayor has signed i Clerk has signed City Seal stamped All blanks "Absent" "Noes• "Abstain Copies sent to MARY ANWqA'NOVER, CITY CLERK Can Juan C%pistrano, California Legal Publication ordered to be published (date) No. Printed copies required _ / ip,5 Remarks -5- ft g 1 KVPIMCR 1 -WJ 1 U r� • RESOLUTION NO. 89-6-60 APPROVING VESTING TENTATIVE TRACT MAP 13437 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP 13437 (GLENFED) WHEREAS, the applicant, Glenfed Development Corp, California, has submitted Tentative Tract Map 13437, proposing to subdivide approximately 146 acres of land into 266 lots, described as a portion of Sections 7, 8, 17 & 18, T8S, R8W, of the San Bernardino Meridian, City of San Juan Capistrano, County of Orange; and, WHEREAS, the City's Environmental Review Board has determined that the proposed project will (will not) have a significant effect on the environment, has required the preparation of an environmental impact report, which report has been certified as final by the City Council, and has otherwise carried out all requirements of the California Environmental Quality Act; and, WHEREAS, the City Planning Commission has forwarded the Vesting Tentative Tract Map to the City Council recommending approval; and, WHEREAS, a public hearing has been duly advertised and held to review and receive public testimony on the application; and, WHEREAS, the City Council of the City of San Juan Capistrano finds and determines as follows: 1. The proposed project, as conditioned, and its design and improvements are consistent with the PC designation on the General Plan map and is otherwise consistent with all other elements of the General Plan. 2. The proposed project, as conditioned, conforms to all applicable requirements of Title 9 of the City's Municipal Code (Land Use) and is consistent with the.approved residential concept plan. 3. The project site is physically suitable for the type and density of the proposed development. 4. The design and improvements of the proposed project will not cause substantial environmental damage; nor will said design or improvements avoidably injure wildlife or their habitat. S. The design or improvements of the proposed project will not cause serious public health problems. 6. The design or improvements of the proposed project will not conflict with easements acquired by the public at large for access through or use of property within the proposed project. -1- • 9 7. The design or improvements of the proposed project will not interfere with the maintenance of preservation of an historical site. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano, does hereby approve Vesting Tentative Tract Map 13437, subject to the following conditions: 1. Home Warrant - The provisions of Chapter 8-6 of the Municipal Code Home Warranty Ordinance) shall apply to any person, firm or corporation selling or offering for sale within the project three or more dwelling units—not previously occupied for residential purposes --during any 12 -month period. 2. CC&R's - A set of Conditions, Covenants and Restrictions (CC&R's) shall be prepared and implemented for the project. The CC&R's shall include at a minimum: (1) Provisions on the use and maintenance, by the homeowners' association, of recreation areas, other common areas, and slopes. (2) The prohibition of radio or television antennas projecting above any roof eaves (pursuant to Section 9-3.609 of the Municipal Code). >> The CC&R's shall be approved by the City Attorney prior to approval of a final map. Future revisions to the CC&R's shall be submitted to the City for review and approval. 3. Gradin Plan - A preliminary grading plan for the project shall be approve y the Planning Commission prior to approval of a final map. Said plan shall be designed to conform to the following criteria: a. The grading plan shall incorporate variable slopes on all major manufactured slopes which simulate natural topography. b. Tops and toes of slopes shall be meandering such that straight edges are not created. c.' Tops and toes of slopes shall be vertically rounded. The major landform features shall be reflected in the grading plan. d. When blending manufactured slopes to natural topography, the grading plan shall emphasize the underlying natural area. For example, if a cut slope is across a knoll the graded slope contours shall be bent to simulate the previous natural element (knoll); with ravines, the manufactured slope shall use conclave contouring that would visually simulate a ravine. �4. Architecture - Architectural elevations shall be approved by the Planning ommission prior to approval of a final map. 3. Landscape and Wall Plans - Landscape, street tree, and fence/wall plans shall be prepared andmplemented for the entire project. Preliminary -2- i vv landscaping, street tree, fence/wall plans shall be approved by the a Planning Commission prior to approval of a final map. Following such plan approval, final working drawings shall be approved by the Director of Community Planning and Development. 6. Landscaping Installation - Landscaping shall be installed as follows: a. Erosion -control landscaping for all manufactured slopes shall be installed immediately after the certification of rough grading by the City. b. Street trees and all other non -erosion -control landscaping shall be installed in accordance with a landscape phasing plan approved by the Director of Community Planning and Development. No final building inspection shall be conducted for any dwelling unit within a given phase until all landscaping has been installed for that phase and approved by the Department of Community Planning and Development. Landsca a Maintenance and Maintenance Easements - The developer shall be responsible for adequately installing and. maintaining all landscaping until such maintenance may be assumed by the homeowners' association. An open space maintenance easement shall be created over all major slopes that are within residential lots. Landscaping on said slopes shall be maintained by the homeowners' association. 8. Street Names - Street names shall be approved by the Director of ommunity Tanning and Development prior to approval of a final map. 9. Vehicular Access Rights - Vehicular access rights to all primary, secondary, and commuter highways shall be released and relinquished to the City except at street intersections. 10. Public Streets - The following public streets shall be designed, constructed, and dedicated in accordance with Section 9-4.103 of the !Municipal Code: "A" Street 11. Private Streets - The following private streets shall be designed and constructed in with Section 9-4.103 of the Municipal Code: "Hwt "I"r "3", "K"r "K-1", "L", "M", "N", 'b", "P", "Q", "R", "S", "T", MUM y "V", "W", "X", "Y", and "Z" Streets. 12. Validation of Approval - All conditions of approval oL_ QE U-17 en ed and t e Area Plan/Composite Development Plan for Area D shall apply to this Vesting Tentative Tract Map -3- 110 • • 13. Sloe Warrant - The developer shall participate in the City's Slope arrantyProgram. PASSED, APPROVED, AND ADOPTED this 6th day of June .1989. ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 89-6-6-5 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 6th day of June , 1989, by the following vote: AYES: Councilmen Schwartze, Friess, Bland and Mayor Hausdorfer NOES: None ABSENT: Councilman Buchheim (SEAL) x2 ;2e MARY A K -4- 0 9 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) MARY ANN HANOVER, being first duly sworn, deposes and says: That she is the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws of the State of California and in further compliance with City Resolution No. 83-12-20-3 and on the 13th day Of .tune , 1989, she caused to be posted: RESOLUTION NO. 89-6-6-5 , being: APPROVING VESTING TENTATIVE TRACT MAP 13437 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP 13437 (GLENFED) in three (3) public places in the City of San Juan Capistrano, to wit: City Hall; Old Fire Station Recreation Complex; Orange County Public Library. CHECK 1,IST p ORD. NO. RES. NOa I -G -G- 5 Mayor has signed —� Clerk has signed —� City Seal stamped 77� All blanks typed "Absent" "Noes" "Abstain" J Copies sent to post file Legal Publication ordered to be published (date) No. Printed copies required / o Remarks RY ANN Al VER, CITY CLERK °-n Juan C pistrano, California -S- MEMORANDUM TO: /Cheryl Johnson, City Clerk July 17, 1991 L FROM: R. Anthony Foster, Engineering Assistant SUBJECT: Surety Submittal; Tracts 13436, 13437, 13865, 13866; G1enFed/Lusk; Area C & D The attached bonds are required per the Improvement Agreements for each referenced tract which I forwarded to you yesterday. All bonds are written by American Insurance Company, a City approved insurer. I have also checked with Orange County Probate for approval of the Attorney in Fact, Alan Baer. I have included two copies of each bond and retained a third for my project files. Tract 13436: Monumentation: $11,000 Performance Bond, private streets: $488,218 Performance Bond/Labor and Material Bond Public Sewer Improvements: $221,722 each Performance Bond/Labor and Material Bond Public Storm Drain Improvements: $287,628 each Performance Bond/Labor and Material Bond Public Street Improvements: $167,500 each Tract 13437: Monumentation: $9,250 Performance Bond, Private Streets: $892,440 Performance Bond/Labor and Material Bond Public Sewer Improvements: $150,000 each Performance Bond/Labor and Material Bond Public Storm Drain Improvements: $238,778 each Performance Bond/Labor and Material Bond Public Street Improvements: $689,564 each Tract 13865: Monumentation: SCR IkI-3a-1-g9a45 $21,000 Performance Bond, Private Streets: III -3a-1q-9aa9 $418,024 Performance Bond/Labor and Material Bond Public Sewer Improvements:wCR 1 $211,150 each Performance Bond/Labor and Material Bond Public Storm Drain Improvements: Sek 1II-3x1°+-gall $658,156 each Performance Bond/Labor and Material Bond Public Street Improvements: S(2P- 111-3a,-1q-q19S $586,500 each F Cheryl Johnson 0 . G.lenFed/Lusk C&D Surety Page 2 Tract 13865 Off -Site Improvements: Traffic Signal/Intersection Widening @ San Juan Creek Road/Valle Road: Performance Bond/Labor and Material Bond: Traffic Signal @ Valle Road/I-5 Ramps/La Novia Intersection: Performance Bond/Labor and Material Bond: La Novia Avenue Bridge Widening, Pier Protection & Drop Structure: Performance Bond/Labor and Material Bond: $200,800 each*. $108,000 each. $1,141,900 each*. *As outlined in the Construction Cost Apportionment and Reimbursement Agreement submitted to you on July 16. Tract 13866: Monumentation: $13,000 Performance Bond private streets: $936,363 Performance Bond/Labor and Material Bond Public Sewer Improvements: $225,984 each Performance Bond/Labor and Material Bond Public Storm Drain Improvements: $724,704 each Performance Bond/Labor and Material Bond Public Street Improvements: $370,000 each RAF cc: Ted Simon Ray Vincenti 0 0 it IiaNE DAT[ (MM/OD/VV) A/r„It1L E ( WESTERN INSURANCE ASSOCIATES CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 1010 E. Union Street POLICIES BELOW. COMPANIES AFFORDING COVERAGE Pasadena, CA 91106 818-440-0111 COMPANY LEVER A Vrs. Undwrtrs Lloyds 76.7441%. COMPANY LETTER B Vrs.Coinsurina Co. 23.2559% INSURED COMPANY LETTER CInternational Ins. Companies THE LUSK COMPANY P.O. Box C-19560 COMPANY LETTER D Irvine CA 92713 COMPANY LETTER E THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INOICA TED, NOT WITHSTANDING ANY REOUIREMENT. TERM OR CONDITION OF ANY CONTRACT ORO T HER DOCUMENT WITH RESPECT TO W HICH THIS CERTIFICATE MAV BE ISSUED OR MAV PERT AIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWNMAY HAVE BEEN REDUCED BY PAID CLAMS. 00 LT TVPEOF OMRANOE PM]CVNUMWJI P7ECTIVLIOVEXPIRAT POLwYee DATE(MM/DDI") IM DATE(MM/CD/W) LIMITS GENERALLIABLITY GENERAL AGGREGATE 3 PRODUCTS-COMP/OP AGE. S 1.000.000 A XCCMMERCIAL GENERAL LIABILITY DA20060 6/01/92 6/01/93 B .: CLAIMS MADE � OCCUR. PERSONAL 6 AW. INJURY s EACH OCCURRENCE s 1,000, 000 OWNER'S 8 CONTRACTOR'S PROT. FIRE DAMAGE (Ay one lire) i X Contractual L I ab i l l t MED. EXPENSE (Any one persons AUTOMOBL.E LIABILITY ANY AUTO COMBINED SINGLE LIMIT t BODILY INJURY i (Per persod ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY s HIRED AUTOS NON -OWNED AUTOS (Per xNoeM) PROPERLY DAMAGE t GARAGE LIABILITY EXOEaa LIABLRY EACH OCCURRENCE s 15.000,000 AGGREGATE S 15 000 000 C X UMBRELLA FORM 5242117842 6/01/92 8/01/93 OTHER THAN UMBRELLA FORM S1ATU10RY LIMITS womm*s OOAPENBATION EACH ACCIDENT ! AND EMPLOVERS'LIABLRY __ DISEASE -POLICY LIMIT E DISEASE -EACH EMPLOYEE t - OTHER - C9 < 7 DEWRPTH)N OF OPMATRINBLoOATRWBIVMNLBWWE014%L ITSAaI - '-' i _J Certificate Holder named additional insured as their interest may appear v Re: Tracts Nos. 13436, 13437, 13865 8: 13865 SHOULD ANY OF THE ABOVEOESCRIBEO POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAY SWRIT TENNO TICE TOT HECERT IFICAT E HOLDER NAMEDTO THE City of San Juan (L) LEFT, BUT FAILURE TO I SUCH N TICE SHAM OSE NO OBLIGATION OR Capistrano LIABILIT Y OFA 10UPON CO ANY, ITS GEN S OR REPRESENT A TIVES, Attn: Dawn M. Sehanderl 32400 Paseo AdelantoE' San Juan Capistrano. CA. 92675 AUTHORRlD REPRE Ai E 3407000 it FA 0 0 NIED INSURED: The Lusk Company, Et Al Endorsement attaching to and forming part of policy number DA20060 in the name of The Lusk Company, Et Al. Effective Date of thie endorsment: August 1, 1992 ADDITIONAL INSURED ENDORSEMENT The City of San Juan Capistrano is included as an additional insured under this policy, but only in connection with the liability arising out of the following project: Lusk/Glenfed Tracts: 13436, 13437 13865 and 13866 0 0 IOWA DATE (MM/OQ/YY) 7/21/92 CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Western Insurance Associates DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 1010 E. Union Street POLICIES BELOW. COIVPANIESAFFORDMIGCOVERAGE Pasadena, CA 91106 818-440-0111 COMPANY LETTER A Unicare Insurance Company COMPANY LETTER B �-- c INSURIED COMPANY LETTER C �. The Lusk Company P.O. Box C-19560 COMPANY { LETTER D ... Irvine, CA 92713 COMPANYLETR E THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWNMAY HAVE BEEN REDUCED BY PAID CLAMS. 00 LT TYPEOP INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MM/DD/W) POLICY EXPIRATIONLIMITS DATE(MM/DD/YY) GENERAL LIABILITY GENERAL ABNEGATE t PRODUCTS-COMP/OP AEG. 1 C" ERCIAL GENERAL LIABILITY CLAIMS MADE F-1 OCCUR, PERSONAL & ADV. INJURY i EACH OCCURRENCE % OWNER'S & CONTRACTOR'S PROT. FIRE DAMAGE (Any one lire) 3 MEG. EXPENSE (Any one person S AUTOMOBILLLIASLITY ANY AUTO COMBINED SINGLE t LIMIT BODILY INJURY $ (Per person) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY 3 HIRED AUTOS NON -OWNED AUTOS (Per widenU PROPERTY DAMAGE $ BARAOE LIABILITY EXQESSLIABILITY EACH OCCURRENCE R A66REGATE $ UMBRELLA FORM OTHER THAN UMBRELLA FORM X STATUTORY LIMIT$ WORKER'S COMPENSATION A AMC EMPLOYERS'LIABLITY UCG 01 1324 3/01/92 3/01/93 EACH ACCIDENT t 1.00o.000 DISEASE -POLICY LIMIT S 1.000,000 DISEASE -EACH EMPLOYEE % 1.000 000 OTNEA DESCRWTIONOPOPERATMNSILGCAT10NSWEHIO ti$PE01AL ITEMS Re: Operations of the Named Insured. Re: Tracts Nos. 13436, 13437, 13865 & 13866 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING MPANY WILL ENDEAVOR TO MAIL 30 DAYSWRIT TENNOTICE TO THE RTI ICA TE HOLDERNAMEDTO THE City of San Juan (L) LEFT, BUT FAILURE TO MAIL SUCH NOTI E SH L IMPOSE NO OBLIGATION OR Capistrano LIABIL OF NY IND UP T ECOMP NY.IT AGENTSORREPRESENTATIVES. Attn: Cathy Selstad 32400 Paseo Adelento AUTHaR ENT 203907000 San Juan Capistrano. CA. 92675 The Crowell Insurance Agency P. 0. Box 19501 43 Corporate Park, Suite 200 Irvine, CA 92713-9501 INSURED The Keith Companies P.O. Box 25127 Santa Ana CA 08/29/91 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANI990MIMRDING COVERAGE COMPANY A LETTER COMPANY B LETTER COMPANY C JUAN CAPISTAAN4LETTER , 92799 COMPANY 0 I LETTER COMPANY E LETTER rists Ins Comoan EN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. 'RACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- CO POLICY EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS LTR TYPE OF INSURANCE POLICY NUMBER DATE (MMIODMO DATE (MN M(M EACH OCCURRENCE AGGREGATE GENERAL LIABILITY BODILY COMPREHENSIVE FORM INJURY ,P $ $ PROPERTYUNDERGRO PREMISESIOPERATIONS DAMAGE $ $ EXPLOSIONU8000LLAPSE HAZARD PRODUCTS/COMPLETED OPERATIONS CONTRACTUAL SI& PO COMBINED $ $ INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY GODLY ANY AUTO NARY (PER PERSON $ ALL OWNED AUTOS (PRIV. PASS I BODILY ALL OWNED AUTOS (OTHER PASS) THAN) Iup 'PER ACCIDENT) $PRI. HIRED AUTOS PROPERTY NON -OWNED AUTOS DAMAGE $ GARAGE LIABILITY BI ItPO COMBINED $ EXCESS LIABILITY UMBRELLA FORM BI &PO COMBINED $ $ OTHER THAN UMBRELLA FORM 3CM84284403 9/01/91 9/01 /92 STATUTORY WORKERS' COMPENSATION $1000 (EACH ACCIDENT) AND $1000 (DISEASE -POLICY LIMIT) EMPLOYERS' LIABILITY $1000 (DISEASE EACH EMPLOYEE) OTHER DE5URIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS TKCM 10984 IMPROVEMENT PLAN CHECKING ON TRAC 13436, 13437, 13868 & 13866—GLENFED/LUSK AREAS C&D (Al X PRIM CROSS) **EXCEPT IF CANCELLED FOR NON—PAY, 10 DAY NOTICE WILL BE GIVEN CITY OF SAN JUAN CAPISTANO ATTN: R. ANTHONY FOSTER 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATIO�J}� DATE THEREOF, THE NG COMPANY Wit MAIL 90 DAYS WRITTEN NOTCif TO CERTIFIC OL T E LEFT, eLUfnFAtlFSLIfHAb1MPk. IM Crowell Insuran(# Ag R* 44 A/Pom INS YC OAT C CMM/W/YY) CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE WESTERN INSURANCE ASSOCIATES DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 1010 E. Union Street POLICIES BELOW. COMPANIES AFFORDING COVERAGE Pasadena, CA 91105 616-440-0111 LETTER N A Vrs. Undwrtrs Lloyds 76.7441% COMPANY LETTER B Vrs.Coinsurino Co. 23.2559Y. COMPANY LETTER CUnieare Insurance Com n The Lusk Company P.O. Box C-19560 COMPANY —_ LETTER D Irvine CA 92713 COMPANY LETTER E THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVEFOR-HE Pqf ICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM ORCONDITIONOF ANY CONTRACT OROTHER DOCUMENT WIT:HRESPECT TOWHICHTHIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL ;HE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS. 00 TYPE OF 14URANCE POLICY NUMBER POLICY EFFECTIVE DATE(MM/DD/YY) ( VV) POLICY EXPPAT DATE (MM/OD/VV) LIMITSLT GEN ALLIABLITY GENERAL AGGREGATE t PRODUCTS-COMP/OP ADD. = 1,000.000 A X COMMERCIAL GENERAL LIABILITY DA1 10060 9/01/91 6/01/92 = CLAIMS MADE Eil OCCUR. PERSONAL & ADJ. INJURY t EACH OCCURRENCE i 1 000 000 OWNER'S & CONTRACTOR'S PROT. FIRE DAMAGE (Aone lire) t MED. EXPENSE (Any one Person t AUTOMOBILE LIABLRY ANY AUTO COMBINED SINGLE LIMIT S BODILY INJURY S We peysm) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY S HIRED AUTOS NON -OWNED AUTOS (Pe, AwidenU PROPERTY DAMAGE S GARAGE LIABILITY EXCtSSLIABLITV EACH OCCURRENCE S AGGREGATE S UMBRELLA FORM OTHER THAN UMBRELLA FORM I11I,pl,l x�pk t(Ih•' STATUTORY LIMITS IE 1119111 1) „l WORKER'S OOMPENfATICN C AND EMPLOYO1a'LIASLRY UCF 011324 3/01/91 3/01/92 EACH ACCIDENT Is 1000000 DISEASE -POLICY LIMIT t 1000000 DISEASE -EACH EMPLMEE t 1000000 OTHER CEECRIPTION OF OPERATION ULOOATgNaIVEHICLEEISPECIAL REMa Certificate Holder named additional insured, per attached endorsement Re: Tracts Nos. 13436, 13437, 13965 R 13866 OULD ANY OF THE ABOVEDESCRIBED POLICIES BE CANCELLED BEFORE THE PIRATIO OF. THE ISSUING COMPANY WILL ENDEAVOR TO I 30 DAYSWRITTEN TICE TOTHECERTIFICATE HOLgERNAMEOTO THE City of Son Juan (L) T. BUT FAILURE TO MAI SUCH NOTICE SHALL MPOSEN OBLIGATION OR FAUTHORIZO Capistrano BILITYDP'ANYK(NDUP N OMP"Y,ITSAGENTSOR PRESENTATWES. Attn: Down/ City Clerk Office 32400 Paseo Adelento REPO IV! 1 2=1/" 000 San Juan Ca istrano CA. 92575 �, NAMED INSURED: The Lusk Company 0 Endorsement attaching to and forming part of policy number DA110060 in the name of The Lusk Company: Effective Date of this endorsement 8-1-91 ADDITIONAL INSURED ENDORSEMENT The City of San Juan Capistrano is included as an additional insured under the policy, but only in connection with liability arising out of the follow- ing project: Lusk/Gledfed Tracts: 13436, 13437, 13865 and 13866 0 June 23, 1994 Richard H. Curtis, Jr., Vice President Glendale Federal 700 N. Brand Blvd. P.Q. Box 1709 Glendale, CA 91209 w_ i m�o,ra�crto Tit"I'c 1961 1776 Re: Subdivision Improvement Agreements Tract 13865, 13436, 13866, 13437 Dear Mr. Curtis: MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL GARY L. HAUSDORFER GIL JONES CAROLYN NASH JEFF VASQUEZ CITY MANAGER GEORGE SCARBOROUGH The subject agreements have an expiration date of July 1994. In consideration of the level of improvements completed at this time, the present economic conditions, and the continued good - faith efforts to maintain the property, an extension of the agreements is warranted. As requested and in accordance with Section 6, the agreements for Tracts 13436, 13437 and 13866 and Section 9 for Tract 13865, an extension is granted for the subject agreements to June 28, 1996. Should the conditions of the agreements not be fulfilled within this new time frame, consideration of further extensions shall be in accordance with the provisions of the agreements. Should there be any questions or additional information needed, do not hesitate to contact me or Sam Shoucair, Senior Engineer/Development at 443-6348 or 443-6355 respectively. Very truly yours, Theodore G. Simon City Engineer TGS:ssg cc: William M. Huber Cheryl Johnson Sam Shoucair Gary Quisenberry ted\6-22curt.let 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 E July 22, 1991 Mr. Donald Steffenson The Lusk Company P. O. Box C-19560 Irvine, California 92713 Re: MEMBERS OF THE CITY COUNCIL LAWRENCE F SUCHHEIM KENNETH E FRIESS GARY L HAUSDORFER OIL JONES JEFF VASQUEZ CITY MANAGER STEPHEN B JULIAN f 1 _ Dear Mr. Steffenson: At their regular meeting held July 16, 1991, the City Council of the City of San Juan Capistrano took the following actions: 1. Approved the Improvement Agreements and Final Maps for Tracts 13436, 13437, 13865 and 13866. The approval was subject to a condition that a Letter of Credit in the amount of $1,636,335 be received and approved by the City to satisfy the condition for park land dedication or payment of in -lieu fees. 2. Approved the Construction Cost Apportionment and Reimbursement Agreement. 3. Approved the Agreement Establishing the Slope Displacement Warranty Program. The Letter of Credit was received by the City on July 18, 1991 and approved by the Assistant City Manager on July 19, 1991. Following that approval, the agreements and final maps may be forwarded to the Orange County Recorder. Fully -executed copies of the agreements and a copy of the approved Letter of Credit are enclosed for your files. 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 4931171 4 . • 0 Mr. Donald Steffenson -2- July 22, 1991 The sureties required by the Improvement Agreements have been received. The City has not yet received the insurance, worker's compensation certificate and liability endorsement required in Section 7 of the Construction Cost Apportionment Agreement. The liability insurance required in Section 11 of the improvement Agreements for Tracts 13866, 13436, 13437 and Section 14 of the Improvement Agreement for Tract 13865 has not yet been received either. Please forward those documents to this office as soon as possible. If you need any further information, please let us know. Very truly yours, 112 Cheryl Johnson City Clerk Enclosures cc: Louise Rice -Lawson Lee Johnson Assistant City Manager Director of Engineering and Building