1995-0626_LUSK COMPANY, THE_Asgmt of Impr Agrmts (3) V f4
rti�6
j• f.4
�O i
RECORDING REQUESTED BY:
City of San Juan Capistrano =�r;a,, =_ ';�-� : h�=•.r,is
Office of the City Clerk 3
32400 P ,.., _ L !ir:r: :o,
Paseo Adelanto `
. ..__ i •iT•
San Juan Capistrano, Ca. 92675 0,��
AND WHEN RECORDED RETURN TO:
City of San Juan Capistrano '
Office of the City Clerk
32400 Paseo Adelanto
San Juan Capistrano, Ca. 92675
PROJECT: Final Map, Tracts 13865
13436 Q
13866
13437
ASSIGNMENT OF IMPROVEMENT AGREEMENTS CF
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 CMf, a Ca o i Corporation
By:
Name: WE ism Ft . B a er vice President
By: ,
Philih 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•PURPO ACKNOWLEDGMENT
T
F
f of7t ' I���2 before me,
GATE �— ^ N1I(1E.TITLE F OFFICER E.G.�'JANE DOE,NOTARY PUBLIC'
I .
personally appeared Lr. l IIILt i 11
NAME(S)OF SIGNER(S)
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 or the entity upon behalf of which the
Q ;" IuoTc 9W6cu5 person(s) acted, executed the instrument.
a - W Cantu tatra►ter.3.190+
WITNESS my hand and official seal.
SIG TUBE OF NOTARY
OPTIONAL
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 DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
_ CORPORATE OFFER
TITLE OR tYPE OF DOCUMENT
TmFIS)
❑ PARTNER(S) ❑ LIMITED )
❑ GENERAL l
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIANICONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENT FY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
2
- - - - - -- - -- - --- -----
®1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave..P.O.Box 7184•Canoga Park,CA 91309-7184
State of California
County of Orange
On May 25. 1995 before me, Cheri Marden. a Nntary Puhlir
DATE NAME.TITLE OF OFFICER.E.O..'JANE DOE.NOTARY PU9UC
personally appeared William R_ Bracher and Philip C_ Markley
NAA*IS)OF SIGNERS)
fXl personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) Mare
subscribed to the within instrument and ac-
knowledged to me that hefshe/they executed
the same in biVI, r/their authorized
capacity(ies), and that byer•/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
Cheri Morden WITfVE S hanctand iil seal.
V Comm #994522
�� NOTARY PUBLIC,CALIFORNIA'^
ORANGE COUNTY
Comm.Exp+aa May 17.19DT �
SIGI RE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons retying on the document and could prevent
fraudulent reattachment of this forth.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL ASSIGNMENT from The Lusk Co. to
)�X CORPORATE OFFICER Glendale Federal Bank of
SUBDIVISION IMPROVEMENT AGREEMENT
Vice President 8 Treasurer TITLE OR TYPE OF DOCUMENT
TI"RS1 Recorded 9/12/91 Instru #91-496386,
❑ PARTNER(S) ❑ uMrrED 91-496387, 91-496388 & 91-496389
❑ GENERAL City of San Juan Capistrano
❑ ATTORNEY-IN-FACT SES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR Executed 3 Notarized in
❑ OTHER: triplicate_
SIGNER IS REPRESENTING:
NAM OF PERSONS)OR ENTiTYpE51
THE LUSK COMPANY SIGNER(S)OTHER THAN NAMED ABOVE
01997 NATIONAL NOTARY ASSOCIATION•8296 RM»rl A"..P.O.Boa 7184.Canoga Park CA 913087184
3. APPROVAL OF PLANS, SPECIFICATIONS- AND AUTHORIZATION TO
RECEIVE BIDS - DRAINAGE IMPROVEMENTS ON CALLE E DFL QAQ0
(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.
4. RESOLUTION ASSIGNING THE IMPROVEMENT AGREEMENT,'; FOR
TRACTS 13436. 13437. 13865_ AND 13866 (GLENFED AREAS C AND D)
FROM THE LUSK COMPANY TO GLENDALF FEDERAL BANK (GLENFED)
(600.30)
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:
RESOLUTION NO. 95-6-6-1. ASSIGNMENT OF IMPROVEMENT
AGREEMIENTS AND EQUIVALENTSURETY SUBSTITUTION FOR
TRACTS 13865_ 13436_ 13866- AND 13437 (LUSK
COMP NV/ r . , i.F.FEDERALB NK)-A RESOLUTION OF THE
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.
5. APPROVAL. OF THE 1995-96 BUDGET FOR SO LTHEAST REGIONAI.
RECLAMATION AUTHORITY(SERRA) (330.501
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- 616/95
CT�
OUNCiL
t� MEMBER9000LENEC CAMPBELL 27J O AA H CAMPBELL
CA ATT HAAT
Au,Nu+N
GAL JONES
M uinuuu 1961 cARoaN NA811
1776 DAVID SWEROUN
WY NANAGER
0E0ROt SCARSOROUGN
June 9, 1995
Ms. Linda Sadler
The Lusk Company
17550 Gillette Avenue
P. 0. Box C-19560
Irvine, California 92713-9560
Re: Assignment of Improvement Agreements and Substitution of Bonds-
Tracts 13436. 13865. 13437 and 13866
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:
Tract 13865 -Area C1 Amount Bond Number
San Juan Creek Signai $ 200,800 11119201371
Valle Road Signal 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
Ms. Linda Sadler -2-
June 9, 1995
Tract 13436-Area C2 Amount Bond Number
Monuments $ 11,000 11132799062
Private Streets 488,218 11132799088
Sewers 221,722 11132799096
Public Streets 167,500 11132799104
Storm Drains 287,628 11132799112
Tract 13866 -Area D1
Sewers 225,984 11132799252
Storm Drains 724,704 11132799260
Public Streets 370,000 11132799278
Private Streets 936,363 11132799286
Monuments 13,000 11132799310
Tract 13437 -Area D2
La Novia Bridge 1,141,900 11119201389
Public Streets 150,000 11132799120
Sewers 238,778 11132799138
Storm Drain 689,564 11132799146
Private Streets 892,440 11132799153
Monuments 9,250 11132799179
If you need any further information, please contact Sam Shoucair, Senior Engineer, at
443-6355.
Very truly yours,
Cheryl Johnson
City Clerk
Enclosures
cc: Director of Engineering and Building
Sam Shoucair
i
EXECUTED IN FOUR COUiV1ERPARTS
CONTRACT BOND-CALIFORNIA
FAITHFUL PERFORMANCE-PUBLIC WORK
Bond No. SCR 111 3279 9179
Initial premium charged for thi
bond is $ 56. 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
G[f (Lusk- San Juan Division) , as Principal, and the
THE AMERICAN INSURANCE COMPANY , a corporation .organized and existing
under the laws 6 Nebraska and authorized to transact surety
business in the State of California, as Surety, are held and firmly
bound unto City of San Juan Capistrano, in the sum of Nine thousand
two hundred fift dollars ($ ) , for the payment w ereo ,
we and tru y to be made, sai Prd incipal 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 the following work, to wit:
Subdivision Monuments for Tract 13437
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 Corporatior
(Lusk-San Juan Division)
Principa
by
Cs n
APPROVED AS TO FORM. by
Som ary
THE AMERICAN INSURANCE COMPANY
JO R. S aW Surety
Ci Attorney
by �
NOTE: Ac nowledgments of execution of Principal and Sur ty must�FACT.
be attach d.
ATTORNEY IN FACT ACKNOWLEDGMENT
STATE OF CALIFORNIA (ss
county of....................IORANGE..............................
....ff
t C.
On this........................_. ._4 .................._.....day of..._........_ .7..^.^.".............................in the year..........._._.....1..5....S...f..__..........._.............,before me,a Notary Public in and for said
...........10.1; N...GE, I1/►r xN� L County,State of California,residing therein,duly commissioned and sworn,personally
appeared ........ ...... ...ALAN L. DHLR ..... . .. . . ................ personally known to me,0 proved to me on the buts of satisfactoryevWeaft
to be the person whose name is subscribed to this instrument as the attome in fact of.......THE_AMERICAN INSUR NCE COMPAN
THE AMERICAN INSURANCt= 00MT'A thereto as
and acknowledged to me that he E:1 she subscribed the name of......................................................_........._...._.............................._..........._............................................................._.
surety, andhis 0 her own name as attorney in fact.
IN WITNES WHEREOF, I have hereunto set my hand and affixed my official seal, the :,and year stated in this certificate above.
ry
C
Notary Public / 1
OFFIC:R,
SEAL: ✓ �-
_ MARIA LUyISOOFIAMMy commission expires ............._.._.........._........................._............._._...._......_...........1-sa My Corton ETY
5
}
STATE OF CALIFORNIA }ss.
„ COUNTY OF q }
o On g" /99.i"
before m
J4r' SCJ. tLrl��.✓ a.�✓Ct.,t..ez� T�
� personally appeared u
I � 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
K
instrument and acknowledged to me that he(she/they executed the same in his/her/their authorized capacity(ies),
to
and that by his/her/their signature(s) on the instrument the p behalf of which the
m
c?
person(s) acted, executed the instrument. ., jinn OAVOFFICIAL SEFAL!D^. LAMBERT
'tiCtory I vim::;-CalifofrYa
Q ORANGE COUNN
_. WITNESSh nd do rci e L MVCCM-MlZorhEph"
e _ March 26,1994
n Signature
(This area for official notamn seal)
GENERAL •
POWER O
AXTORRNEY 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 �IS CA
itstrueand wtutAttoroey(s)-in-Fact,with full power and authorityherebyconferred in its name,place andstead,toexecute,seal,acknowledge and deliver any
and all bonds,undertaking,recogniraneea or other written obligations in the nature thereof
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the
Corporation and duly attested by its Secretary,hereby ratifying and confirming all that the said Attomey(s}m-Fact may do in the premises.
This power of attorney is granted pursuant to Article VII,Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full fora and
effect.
"Article VU.Appointment and Authority afReddmt Seeretok4 Aftorneys-tn-Fad endAgmts to acapf legal ProtrssandMskeA/pemmcw.
Section 4S.Appointment.The Chairman of the Board of Directors,the President,any Vice-Prexident or any other person authadsed by the Board of
Directors,the Clod man of the Board of Directors,the President Or any Vice-President nay,from time to time,appolat Resident Assistant Secretaries and
Attorsseysin-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal proal and make appearances for and on behalf of the
Corporation.
Section 46.Authority.The authority of such Resident Assistant Secretaries,Attoraeysin-Fact sad Agents%hall be as prescribed to thehatsmumi evidencing
their appointment.Any such appointment sod all authority granted thereby may be cooked at anytime by the Board of Directors or by an person empowered to
make such appointments'
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN
INSURANCE COMPANY at a meeting duly called and held on the 31st day of July,1984,and said Resolution has not been amended or repealed:
"RESOLVED, that the signature of any Vico-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 relatingthereto,by facsimile,
and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shag be valid and binding
upon the Corporation:'
IN WITNESS WHEREOF,THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Via-President,wits corporate seal to
be hereunto affixed this 1st day of June 19 90
THE AMERICAN INSURANCE COMPANY
By
YIOe-RraAW
STATE OF CALIFORNIA x
COUNTY OF MARIN
Onthis ICt dayof .Tsrna 19 90 .beforemepersonallycame- R.D.Farnsworth
to me known,who,being by me duly sworn,did depose and say:that he is Vice-President of THE AMERICAN INSURANCE COMPANY,the Corporation
described in and which executed the above instrument;that he knows the seal of said Corporation;that the seal affixed to the said instrument is such corporate
seal;that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order.
IN WITNESS WHEREOF I have hereunto set my hand and af£aed my official seal,the day and year herein fust above written. '
xNSNluu1xx11xmm�xxnr0 mmxxnemmmo + /
pCi OFFICIAL SEAL Z
G(� V
J. M. VANDEVORT i �`-
NOTARY PUBLIC-CALIFORNIA
Principal Office in Marin County
styConskslanfxp;mAM.28.1992 CERTfFICAM
I/INxINlxararlxNmxx/x1lamlmxrNtma111�
STATE OF CALIFORNIA
COUNTY OF MARIN ss.
1,the undersigned.,Resident Assistant Secretary ofTHEAMERICAN INSURANCE COMPANY,a NEBRASKA Corporation,DO HEREBY CERTIFY that
the foregoing and attached POWER OF ATTORNEY remains in fun fora and has not been revoked;and furthermore that Article VII,Sections 45 and 46 of the
By-laws of the Corporation,and the Resolution of the Board r/of Directors;set forth in the Power of Attorney,are now in fora.
Signed and sealed at the County of Marin.Dated the ` 1" day of
' 19
JLLIMC!'COV1'j RiYdmt NYYYI$�1lRY
360711-TA•6-90(REV)
• PERrOR#ma BOND BOND NO. 11132799153
PREMIUM: $5,355.00
Issued In 4 Counterparts
KNOW ALL MEN BY THESE PPZSENTtt
That THE LUSK COMPANY, a California Corporation (lusk-San Juan Division)
as Principal, hereinafter called CONTRACTOR, and
THE AMERICAN INSURANCE COMPANY r an Sursty, hereinafter called SURETY,
are held and firmly bound unto the City of San Juan Capistrano, as
Obligee, hereinafter called CITY, in the amount of $892,440
EiQjZt HagdrAd Ninety-Two Thousand Four Hundr dollars for payment whereof
Contractor and Surety bind Metiselves, 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 13437 (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 void) otherwise it shall
remain in full force and effect. Surety waives whatever legal right
it may have to require that a demand be made first against the
principal in the event of default.
BE IT FURTHER RESOLVED, thats
I. As a part of the obligation secured hereby, and in addition
to the face amount specified, there shall be included costs and
reasonable expenses and fess, including reasonable attorney ' s fees ,
incurred by City in successfully enforcing such obligation, all to
EXHIBIT A
be taxed as costs a included in any judgmeo rendered.
2 . Said Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration, or modifi-
Qation 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 heresy 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. • •
PRINCIPAL'THE LUSK COMPANY, a California Corporat'
(Lusk-San Juan Division)
BY: -1-C
ce Pr "
BY:
Secretary
APPROVED AS TO FORM. (NOTARIZATION AND SEAL)
n aw
i y Attorney
SURETY: THE AMERICAN INSURANCE COMPANY
AIAN L BAER MORNEY_-IN-FACT,
(NOTARIZATION AND SEAL)
Page 2 PERFORMANCZ BOND
ATTORNEY IN FACT ACKNOWLEDGMENT
STATE OF CALIFORNIA nRON(a,E ss
County of..............
On this.................�.S,CO.l.. ..........................da of................... . .... (�n
(JU Y ... ..... ..............in the year...._._�..'t_`.1.............................................,before me,a Notary Public in and for said
'EM/N�G�E .p County,State of California,residingtherein,duly commissioned and swom,personally
appeared........_...- -11l2.�..._.d............ Ll.Ri2c..l........................I...................._.................. personally Ins�rw�j to❑me,C] roved�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_.,1.d. E..q,1�.G,f11Cit]l]...INS.URAN.riF...4OMP.MY........__..._..
and acknowledged to me that he 0 she subscribed the name of ....................._.................._.thereto as
surety, and 14hfs ❑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 ` Notary Public
MARIA LUISA R.AGUINAL00
ad`ae a R NpUryS Pllblic-Cai{tmHis
OaAWE CUUNTY My commission expires .......................................................................................................
aaooaa—,-sa
RY Comm Exp.March'!,1995
CAT. NO. NN00737
TO 1945 CA(8-84)
(Corporation) TICOR TITLE INSURANCE
STATE OF CALIF IA
COUNTY OF SS.
On bef a me„ft undersigned, a Notary Public in and for
said Sta.0,personally appeared
personally known to me or proved to me on basis
r of satisfactory evidence to be e p rson-who executed
the wittr as the —g
ent
z Presida
'� 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 NelalyAblO�CaNbtMo
Secretary of the Corporation ORANGE COUNTY
that executed the within instrument and acknowledged MyCottmistlon9"es
to me that such corporation executed the within instru- April 22,1994
ment pursuant to its by-laws or a resolution of its
board of directors.
WIT my h d official seal.
Signatu (This area for official notarial wall
GENERAL
OF
ATTOORRNEY 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 lune 1,1990,and having its principal office in the City of Omaha,State of
Nebraska,has made,constituted and appointed,and does by these presents make,constitute and appoint
ALAN L. BAER--
SANTA W�A CA
its true and tawful'AttomeAs}in-Fact,with full power and authority hereby conferred in its name,Place and mead,to execute,seal,acknowledge and deliver any
and all bonds,undertaking,recognizance:or other written obligations in the nature thereof
and to bind the Corporation thereby as fully and to the same extent as it such bonds were signed by the President,sealed with the corporate seal of the
Corporation and duly attested by its Secretary,hereby ratifying andwnfstming all that the said Attorney(s)min-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 VII.Appointment sadAothoriry of Reddest Secrdmer,Atsoneys-fo-Fad asdAgents to aeaeptlegafPrommandhiskeAppear mat.
Section 45.Appointment. The Chairman of the board of Directors,the President,say VkePreaidem or any other person aatborized by the Board of
Directors,the Chairman of the Board of Directors,the President or any Vlce Preddant may,from time to time,appoint Redden(Astislaml Secretaries and
Anorneys-In-Fan to represent and act for and on behalf of the Corporsidom and Agents to swept legal process and make appeersoms for and on behalf of the
Corporation.
Section 46.Asibority.The authority of ssch Resident Assistant Secretaries,Attorneys4ti-Fad and Agenn shall be as preseribed In the imtrmmeot evidencing
their appointment.Any such appointment and all authority granted thereby maybe revoked at any timeby the Hoard of Directors orby my person empowered to
make each appointment!'
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN
INSURANCE COMPANY at a meeting duly called and held on the 31st day of July,1984,and said Resolution has not been amended or repealed:
"RESOLVED, that the signature of any Vice-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation,and the seal of this
Corporation may be affixed or printed on any power of attorney,on any revocation of any power of attorney,or on any certificate relating thereto,by facsimile,
and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding
upon the Corporation:'
IN WITNESS WHEREOF,THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by in Via-President,and its corporate seal to
be hereunto affixed this 1St day of June 19 90
THE AMERICAN INSURANCE COMPANY
`�MC[Ce�r
By
Yv.PrwiEevl
STATE OF CALIFORNIA
COUNTY OF MARIN as
On this 1Rf- dayof .Trance 19 9,beforeme personally came R.D.Farnsworth
tome known,who,being by me duly sworn,did depose and say:flat be is Vioe•President of T11'E AMERICAN INSURANCE COMPANY,the Corporation
described in and which executed the above instrument;that he knows the seal of said Corporation;that the seal affixed to the said instrument is such corporate
seal;that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written.
m111NrrrHeNBSSOHUNiHNNIIfrOM"Wnl"MnM o
OFFICIAL SEAL Z /
J. M. VANDEVORT i V
NOTARY PUBLIC•CALIFORNIA rtwnwsur
Principal Office in Marin County C
Air Cmamiuion t0ifts ALC 28.1942 O CERTIFICATE
nexnNnnunfafxNHNnuxHHffxxf IM9111n
STATE OF CALIFORNIA
COUNTY OF MARIN ae.
1,the undersigned,Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY,a NEBRASKA Corporation,DO HEREBY CERTIFY that
the foregoing and attached POWER OF ATTORNEY remains in full fora and has not been revoked;and furthermore that Article VII,Sections 45 and 46 of the
By-laws of the Corporation,and the Resolution of the Board of Directors;set forth in the Power of Attorney;tae now in fora.
Signed and sealed at the Comfy of Marin.Dated the QSB -Ai'day of /n:(s 19-24.
laideas V
360711-TA-&90(REV)r !!
EXECUTED IN FOUR CAPARTS BOND NO. SCR I I 1 3279 9146
PREMIUM: $4, 137.
SUBDIVISION FAITHFUL PERFORMANCE BOND
(GOVERMMNT CODE S 66499 .1) /U410,
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 13437 ,
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 Simi of Six hundred eighty.-nir="thousand five hundred sixty-four ($689,564)
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.
Executed this 26th day of April 19 91, at
Irvine , California.
pMCjpAZ, THE LUSK COMPANY, a California
ration, (Lusk-San Juan Division)
by: L -
ice rreomm
i+. By: ,�..�
SNG9t8fy
SURETY THE AMERICAN INSURANCE COMPANY
APPROVED AS TO FORM.
cvj�-jC= ALAN L BAER ATT RNE?EYY-IN-FAC1.
J R. Shaw (NOTARIZATION AND SEAL)
it Attorney
ATTORNEY IN FACT ACKNOWLEDGMENT
STATE OF CALIFORNIA
County o[......-------ORANGE................................... ((( n
on this........_._,.....a:'R.Q..1!.^...................................day of........._.._ �..._................._......in the year..._......_._..-4 ........................._...._.......,before me,a Notary Public in and for said
.........................................MEf.. .C.GE..I.t...1.....t..r...I....................[.......... ....................-............County,State of California,residing therein,duly commissioned and sworn,personally
appeared.................................................til.ttl7...L..BAER............................................................1rsom illy known to me,❑proved to me on the basis o evideece
to be the person whose name is subscribed to this instrument as the att 4ney in fact of..__THE_._AMERICAN INSURANCE '6
MMM,
acknowle ged to me that�he❑she subscribed the name of...........T.H.E....AM.ER,.GAN INSURANCE CONIFA�1'y���......
......._ ..��thereto a-
surely, and is E]her own name as attorney in fact.
IN WITNES WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above.
t^^` %�otary Public i1
OtrFiCIAL SEAL
Li
MARIA LUISA R.AGUINALDO
t NOPublic-cal kir(is My commission expires ..........._.............._................._......_....._.............._._.._........___.-----
ORANGE COUNTY
••ao••—,-•s My Comm.Exp.March 7.1995
}
STATE OF CALIFORNIA }ss.
COUNTY OF Orange }
E On April 26, 1991 before me, Rosemary J. Boyer
0
U
� personally appeared Donald D. Steffensen
F
Richard T. Deihl 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 capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the
m
person(s) acted, ex cuted the instrument.
OFFICIAL SEAL
y PMARY J.
BOY a
WITNESS m h n and official seal
ORANGE COUNTY
Signature My CommlMon Expires
June 10, 1994
i are r cia n s a
• EXECUTED IN FOUR COARPARTS •
' BOND NO. SCR 111 3279 9146
Premium Included
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS: That
WHEREAS, the City of San 1jjpL9s 'l tf4)&YaaMear4ci�Po`xjncoorporation of Orange
County, California, has awarded to r,rpnra} inn (T.uFk-San 7 un Tli viainnt , License
No. 132833B1, hereinafter designated as ' Principal", a contract for storm Drain
Improvements for Tract 13437 ; 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 ivision
held firmly bound unto the City of San Juan Capistrano, a municipal corppopration, in the
penal sum of Six hundred eighty-nine thousand five hundred sixty-four DOLLARS
(5 689,564 ), 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 26th day of April
19 91 . The name and corporate seal of eacc- corporate party being hereto affixed and
these presents duly signed by its undersigned representatives pursuant to authority of its
governing body.
THE LUSK COMPANY, a California Corporation
(Lusk-S Tuan Division)
R1 AL
sy
By
Secretary
THE AMERICAN INSURANCE COMPANY
SURETY 7
BY � f 1
r
ALAN L. BAER
APPROVED AS TO FORM ATTORNEY-IN-FACT.
n,L e
R. SHAW, CITY ATTORNEY
-23-
ATTORNEY IN FACT ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of .......... ff' NC?E..._...................._........ n.' p O
On this............. ...................... of................._ ..r.-.......`..._._..............,in the year...._......................5,....4..�..............._._._._....,before me,a Notary Public in and for said
....................._....................1011A._'.OEj�.L...................................._............._._....JJ.................._.........County��,State of California,residing therein,duly commissioned and sworn,personally
appeared.................................WILI.Al...L...BAER............................................................................. personally know to me'❑proved to we on the basis of satisfactory evidence
to be the person whose name is subscribed to this instrument as the atto ey in fact of....._,,, AMERICAN INSURANCE COMPANY
and ackaowle ed tome that he❑she subscribed the name of........TH.E AMERICAN INSURANCE COMPATIti' thereto as
,/d'a' ............. ........_..........................................._............................_.._................_......................................_.._...
surety, and fThis❑her own ame as attorney in fact.
IN WITNESS``WHEREOF, I have hereunto set my hand and affixed my official seal, lite day and year stated in this certificate above.
..........r ......... .............................._._._..._ ................................................
MANIA LUISA R.AGUIKALOO f Notary public {
-�'s►':. irolaiyy t'ublic-Cslllarnia � � � ��
i r URANOE COUNTY My commission expires ...........................................................................................
My Comm.Exp.March 7.1995
aeaou—rn
}
STATE OF CALIFORNIA }ss.
T
COUNTY OF Orange }
C
N
E On April 26, 1991 before me, Rosemary J. Boyer
0
U
personally appeared Donald D. Steffensen
Richard T. Deihl
personally known to me (or proved
E to me on the basis of satisfactory evidence) to be the person(s)whose name(s) is/are subscribed to the within
LL instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),
m
and that by his/her/their signature(s) on the instrument the persons) or the entity upon behalf of which the
v
i persons) acted,executed the instrument. OFFICIAL SEAL
ROSEMARY J. BOYER
Q Notary Public-Callfornla
WITNESS my ,n/ and official seal. :'m ORANGE COUNTY
8 Signature wI/X� ' June 10,1994 k�
his area for official notarial seal)
GEREkAL •
A roRNei THE AA[ERICAN 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'Attorney(s)•in-Fact,with full power and authority herebyconferred in its name,piaceandstead.toexeeute,seal,acknowledge and deliver any
and all bonds,undertaking,recognizances or other written obligations in the nature thereof
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the
Corporation and duly attested by its Secretary,hereby ratifying and confirming all that the said Anomey(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.
"Ardde VH.Appointment and Autkoriry of Resident Secretaries,ANomysdn-Fictand Agenrstoaccept LegafProcess and Make Appearances.
Section 45.Appointment.The Chairman of the Board of Directors,the President,any Via Pnyideut or any other person nothorind by the Board of
Directors,the Chairman of the Board of Directors,the President or any Vice-President may,from time to time,appoint Resident Aasblaat Secretaries and
Attorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to seeeptlegal process and make appearances for and on behalf of the
Corporation.
Section 46.Authority.The authority of such Resident Assistant Secretaries,Atlomeys4o-Fact and Agents shall be as prescribed In the instrument evidencing
their appointment.Any such appointment and W authority granted thereby may be revoked at any that by the Board of Directors or by my person empowered to
make such appointment:'
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN
INSURANCE COMPANY at a meeting duly called and held on the 31st day of July,1984,and said Resolution has not been amended or repealed:
"RESOLVED, that the signature of any 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 has caused these presents to be signed by its Via-President,and its corporate seal to
be hereunto affued this 1St day of June 19 90
THE AMERICAN INSURANCE COMPANY
t�4wr
By
• � Vioo-Rmdeor
STATE OF CALIFORNIA
COUNTY OF MARIN as.
On this l s r day of Jnn a 19 ')O before me personally came R.D.Farnsworth
to me known,who,being by me duly sworn,did depose and say:that he is Via-President of THE AMERICAN INSURANCE COMPANY,the Corporation
described in and which executed the above instrument;that he knows the seal of said Corporation;that the seal affixed to the said instrument is such corporate
seal;that it was so affixed by order of the Board of Directors of said Corporation and that he signed his same thereto by like order.
IN WITNESS WHEREOF,I have hereunto act my hand and affixed my official seal,the day and year herein first above written.
iensmnmm�attmmnwnmm�smmramnsam■ / /
OFFICIAL SEAL
1. M, VANDEVORT "a
NOTARY PUBLIC-CALIFORNIA g rm.nPvrorr
Principal Office in Marin County
My Cammhsien Expires Aug.28,1992 CERTIFICATE
- .�r1rsNHNnnUeennlnalrsnerraNNlmnmtlnarll�
STATE OF CALIFORNIA
COUNTY OF MARIN
I,the undersigned,Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY,a NEBRASKA Corporation,DJC)HEREBY CERTIFY that
the foregoing and attached POWER OF ATTORNEY remains in full form and has not been revoked;and furthermore that Article VII,Sections 45 and 46 of the
By-laws of the Corporation,and the Resolution of the BoardofDirectors;set forth in the Power f Attorney,are now in form. G,
Signed and sealed at the County of Marin.Dated the day of . 19
t
4Yrr
ot
ReddMAuiAudSerot
360711-TA-6-90(REV)
• EXECUTED IN FOUR COL)&fERPARTS •BOND NO. SCR 111 3279 9120
PREMIUM: $900.
SUBDIVISION FkITHFM PERFORMANCEBAND
(GOVERNMENT CODE S 66499 .1) ��")�itr`"
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 Agreemvent dalic ted
May 21 , 19 91 and identified as Pro Got Tract 13437 ,
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, .TXZREFORE, 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 One hundred fifty thgUaand ($150,000)
Dollars, lawful money of the Unf-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:
1. As a part of the obligation secured hereby , and in
ATTORNEY IN FACT ACKNOWLEDGMENT
STATE OF CALIFORNIA
County oL..._._........... R.jµAWOE.................................. ( ^•' ( pp 1
On this...._._._..._....d:..tG...IU..............................day of........._ -. -"......_..............__.......in the year...._.............1....1 ..1..._......._............_._...,before me,a Notary Public in and for said
ORANGE
U
._..............._................................................1..1._'.....I.I...I....'.............D........C._t�►. . ... . ..County S ate of California,residing therein,duly commissioned and sworn,personally
appeared......................................ltltfAY.... ....A..AE...................................................................... rsonWy known to nue,❑Proved to me on tp� r evidence
to be the person whose name is subscribed to this instrument as the ate mey in fact of..THE.AMERICAN INSURAIVt%t � 1� y
and acknowle ged to me that I�he❑she subscribed the name of........_THE..,AWI.ERICAN INSURANCE COM'PANV thereto as
T _. ...._......................................................................................................................................................
surety, andhis ❑her own name as attorney in fact.
IN WITNES WHEREOF, 1 have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above.
........._.�...._..._.....Q'-•—sl... ..... y`` ...
Y\ l
Notar Public
=4MAMRJ�A
ICIAL SHAL ' �_ISA R.AGUINALOO Public•Caldurnla My commission expires ........_._..............................._................................NGE COLATY
v a—,as Exp.March 7,1995
CAT. NO. NN00737
TO 1945 CA(8-84)
(Corporation) TICOR TITLE INSURANCE
STATE OF CALIFORNIA
COUNTY OF Orange SS'
On Agri t 76 1ag7 before me, the undersigned, a Notary Public in and for
said State, personally appeared Donal3 D Sts££ensan
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 Vice
X President,and Richard m_ Deihl
a personally known to me or
L proved to me on the basis of satisfactory evidence to be OFFICIAL SEAL
a the person who executed the within instrument as the DAVID G.GAMBERT
Secretary of the Corporation Notary Public-CaUlbtryQ
that executed the within instrument and acknowledged ORANGE COUNTY
to me that such corporation executed the within instru- MYWbrCh Cirisilan�N
ment pursuant to its by-laws or a resolution of its
board of directors.
WITNESS my hand and offic s
Signature '� (This arca for official notarial seal)
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 41, at
Irvine , California,
PRMCIPAL THE LUSK COMPANY, a California
Corporation, (Lusk-San Juan Division
_2b
By: IVice President
j
` Secretary
SURETY THE AMERICAN INSURANCE COMPANY
' APPROVED AS TO FORM.
By•
ALAN L. BAER ATTORNEY-IN-FACT.
J saw (NOTARIZATION AND SEAL)
it Attorney
EXECUTED IN FOUR COUNTERPARTS
BOND NO. SCR 111 3279 9120
Premium Included
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS: That
WHEREAS, the City of San �RnL�ffi��AMYl an�ua4i�poVniarporation of Orange
County, California, has awarded to Cnrnnration (Tack-San ,Tuan nivieinn1 . License
No. 132833B1, hereinafter designated asPrincipal", a contract for Public Street
Improvements for Tract 13437 ; 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 ERIC as surety, ar ivisio
held firmly bound unto the City of 3uan Capistrano, a municipal corporation, in the
penal sum of one hundred fifty thousand DOLLARS
($ 1 s0,000 ), lawful money of the United States of America, for payment o 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 band 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
w 1 for all r n original of which ahal purposes be deemed a or gi al 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 eacF corporate party being hereto affixed 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)
By
NC
---�
IC
By
Secretary
THE AMERICAN INSURANCE COMPANY
SURETY
BY ���� � /f/ --
ALAN L. BAER
APPROVED AS TO FORM ATTORNEY-IN-FACT.
n,L e �2,.�
R. HAW, CITY ATTORNEY
-23-
ATTORNEY IN FACT ACKNOWLEDGMENT
STATE OF CALIFORNIA
�.
Countof......_............. .L,].'..................................
County CZRAN
�} 1
On this..................... ...1"...............................day of........_.......... ....................._..._.,in the year....................l..a..l.......................................before me,a Notary Public in and for said
.........._._......... ........... .r............�:................................._County,State of California,residing therein,duly commissioned and swom,personally
appeared................................................ALAN..-L...BA.EB.........................._..............._................. personally known to me,❑proved to we on the basis of satidact eviienee
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 Che❑she subscribed the name of........_THE.AMERICAN INSURANCE' C(71i�PANY'-"-'"""""""'*- -"-"""""""""""'"""""""-'"'
....................................-......................................................-....................................................thereto m
surety, and his ❑her own name as attorney in fact.
IN WITNES HEREOF, 1 have hereunto set my hand and affixed my official seal, a day and year stated in this certificate above.
.......... �........._ "^7._4.....1. ....:_.... . _
I
OFFICIAL 8FAL Notary Public \
. MARIA LUISA
1NALD0
Noyypublic-Cal;1pna
My commission expires ............................ ........._............ ........_.._UACE COUNTY .....
�e_,.03 My Conus.Exp.March 7,1955
CAT. NO. NNO0737
TO 1945 CA(8-84)
(Corporation) TICOR TITLE INSURANCE
STATE OF CALIFORNIA
COUNTY OF Orange SS.
On ARri1 76 1491 before me, the undersigned, a Notary Public in and for
said State,personally appeared Donald D. Steffensen
personally known to me or proved to me on the basis
W
of satisfactory evidence to be the person who executed
the within instrument as the Vice
z President,and Richard T. D ihl
tr personally known to me or
proved to me on the basis of satisfactory evidence to be OFRCIALSEAL
the person who executed the within instrument as the DAVID G.GAMBMt
Secretary of the Corporation NOtOry FUblk•COftft
that executed the within instrument and acknowledged ORANGE COUNIV
MY to me that such corporation executed the within instru- MOICC Chi 1994
ment pursuant to its by-laws or a resolution of its
board of directors.
WITNESS in ,and.�aond o\�ff/t`y1���s �'_/,• ,�
Signature "�^ -"x�` �'•^� (This ares for offiieW notarial seill
GEhEk L • '!
A TOR EY 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—
swTnme� ttoiteadkfArney(s)-in-Fact,with full power and authority herebyconferved jolts name,plaaandstead,to execute,seal,acknowledge and deliver any
=doll bonds,undertaking,recogniranas or other written obligations in the neuro thereof
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President,scaled with the corporate seal of the
Corporation and duly attested by its Secretary,hereby ratifying and confirming all thatthe said Attorney(s)in•FM 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 Aathorify of Resident Secretaries,Attorneys-fn-Fad and Agenb toaccWLegal Pram and Make Appearances.
Section 45.Appointment.The Chairman of the Board of Dhedon,the President,my Via-President or any other person authorized by the Board of
Directors,the Chairman of the Board of Directors,the President or any Vkt Presideat may,from dow to time,appoint Resident Assistant Secretaries and
Atiomys-in-Fad to represent and act for and on behalf of the Corporation and Agents to accept legal protea and make opparsnees for and on behalf of the
Corporation.
Section 46.Authority.The authority of such Resident Assistant Secretaries,Attorieysaa-Fad and Agents shall be in preseaibed In the Instrument evidencing
their appointment.Any such appointment and W authority granted thereby my be mokedat any time by the Board of Directors or by my person empowered to
make such appointment!,
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN
INSURANCE COMPANY at a meeting duly called and held on the 31st day of July,1984,and said Resolution has not been amended or repealed:
"RESOLVED, that the signature of any Vice-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this
Corporation may be affixed or printed on any power of attorney,on any revocation of any power of attorney,or on any certificate relating thereto,by facsimile,
and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding
upon the Corporation"
IN WITNESS WHEREOF,THE AMERICAN INSURANCE COMPANY has caused these presents robe signed by its Via-President,and its corporate sea)to
be hereunto affixed this 1St dayof .Tune ' 19, 90 .
THE AMERICAN INSURANCE COMPANY
CI )
Y
- ` Y,�Rmdeat
STATE OF CALIFORNIA 111
a.
COUNTY OF MARIN
On this_IS-t' dayof .TLsne 19 _-before me personally came R.D.Farnsworth
to me known,who,being by me duly sworn,did depose and say:that ht)(1 e is Via-Presidm 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 w affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein fust above written.
Iaes11111NM1111NNrH/1N1111111trNNrstNIN11N1�
OFFICIAL SEAL L
1. M. VANDEVORT 1 -
NOTARY PUBLIC•CALIFORNIA g Nm vfttac
Principal Olfin in Marin County =
My Gmminim Erpnas Aug.29.1993 r■$a CERTIFICATE
. INIMNIlpN11/NNNtNetaatNNleaaNWNIMNrr' -
STATE OFCALIFORNIA ss.
COUNTY OF MARIN
I,the undersigned,Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY,a NEBRASKA Corporation,DO HEREBY CERTIFY that
the foregoing and attached POWER OF ATTORNEY remains in full fora and has not been revoked;and furthermore that Article VII,Sections 45 and 46 of the
By-laws of the Corporation,and the Resolution of theBoarlof Directors;set forth in the PowgOf Attaraase now in fora.
Signed and sealed at the county of Marm.Dated the '�'� day of �l � , 19�.
-s'PIMCL'CO'L,r IImA9tAW,W$emery
'460711-TA-&90(REV)
• EXECUTED IN FOUR COUIWERPARTS OD
HOND N0. SCR 111 3279 9138
PREMIUM: $ 1 ,433.
SUBDIVISION FXTHFUL PERFORMANCE 300
(GOVERNMENT CODE S 66499 .1) /1�}(t-10
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
Sewer Improvements
May 21 , , 19 91 and identified as Project Tract 13437 ,
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 thirty-.eightt tholisand seven hundred seventy-eight($238,778)
Dollars, lawful money of the Unfted 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 .
NOW8 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.
Executed this 26th day of April 19 41, at
Irvine , California.
PRINCIPAL THE LUSK COMPANY, a California
ion, (Lusk-San Juan Division)
_ 'by-
Vice Presi nt
Ey.
Secretary
• SURETY THE AMERICAN INSURANCE COMPANY
' APPROVED AS TO FORM.
A 'BBAER ATTORNEY-IN-FACT
R. Saw (NOTARIZATION AND SEAL)
Jjdh#it Attorney
ATTORNEY IN FACT ACKNOWLEDGMENT
STATE OF CALIFORNIA
ss.
Count of............ ORANGE ^��r���nnn,,, }(gyp
On this...................._I`..�.�.............................day of......_.............`Y\.- ..............._.......,in the year..........................1.....1....i_�_.........................,before me,a Notary Public in and for said
...................................0F.AN.GE........._........... (�) . County, tate of California,residing therein,duly commissioned and sworn,personally
AIA
hn�� 1�yy II11 t�ty 8
appeared..............................................L1.Lf1.t4.._L,.,_Df1,Cif_..................................._..._...... personally known tome, oroved �- �Q�evldepce
.......... � """
THE ANfEFi.-APIaI S� � e
to be the person whose name`i�subscribed to this instrument as the attorney in fact of..........................................................................................._........_......._..._......_.........._.........._._.._._...
and acknowled ed to methal the THt AMERICAN INSURANCE COMPANY thereto as
B ``?T'' ❑she subscribed the name of............................................................................_............................._......................._........................_....__.._._._._
surety, andhis ❑her own name as attorney in fact.
IN WITNESkI HEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above.
wrrr..rerrt.rrr ���a wsw �
,.!h ................................._......... _..........._... �........................ ....._......_............_.........
OFFICIAL SEAL (� Notary Public
It
k"e MARIA r PI R.AIltornia 0
i®'
MARIA
ypublic ASUInla
�kLe -�
RANGE COl1NTy My commission expires ......................_........._..................._..._._...................................
..............
My Comm Exp.March 7,1995
aaooaa—�-o
CAT. NO. NNO0737
TO 1945 CA(8-84)
(Corporation) do TICOR TITLE INSURANCE
STATE OF CALIFORNIA
COUNTY OF Orange SS'
On Anri1 26 I9g1 before me, the undersigned, a Notary Public in and for
e
said State,personally appeared d DEMO 13. Steffenaen
personally known to me or proved to me on the basis
Is of satisfactory evidence to be the person who executed
the within instrument as the slice
= President,and Richard T. Deihl
personally known to me or OFFICIAL SEAL
proved to me on the basis of satisfactory evidence to be ROSEMARY J. BOYER
t the person who executed the within instrument as the Notary Public-California
Secretary of the Corporation ORANGE COUNTY
My Commission Expires
that executed the within instrument and acknowledged B June 10, 1994
to me that such corporation executed the within instru-
ment pursuajtts by-laws or a resolution of its
board of direWITNESS mofficial se .
Signature (This am for oKKLI nourW seen
0
EXECUTED IN FOUR COUNTERPARTS
BOND NO. SCR 111 3279 9138
Premium Included
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS. That
WHEREAS, the City of San TnLU§iCi�6ttYaa a��ipofiarporation of Orange
County, California, has awarded to Cornnrwiinn (Lank_Ran ,Tnan ni .ie'nn1 , License
No, 13283381, hereinafter designated as ' Principal", a contract for sewer Improvments
for Tract 13437 : 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 AME IC 8S SUrety, ar ivisio
held firmly bound unto t e City of 3uan Capistrano, a munic'.I Ll corporation, in the
penal SUM of Two hundred thirty-eight thousand seven hundre sevepty- DOLLARS
($ 238,778 ), lawful money of the United States of America, for paymenSt 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-
ATTORNEY IN FACT ACKNOWLEDGMENT
STATE OF CALIFORNIA t
County or...............ORANGE-............................
.......{
On this.....................
s-LE
...................................................day of.._........_._......... ......_..._._....,in the year....................
//�� ((O)) .._................._.................before me,a Notary Public in and for said
.....................L RANL'F. .,..... ..County,State of California,residing therein,duly commissioned and sworn,personally
ALAN
I,' 1� ry N�l-rS ... ...
appeared .............................ALA 1 F BAIR.. ...... .... ... .... ........rI personally known to me,Ej proved to me on the basis or saddado evidence
to be the person whose name is subscribed to this instrument as the attorney in fact of....._THE....AMERI...qq,(V .��g���q�CE-._�Qf+�p,A�fV-,.- _
and acknowled ed to me that[ he THE AMERICAN INSURANR CQti1FAW
g ❑she subscribed the name of................. ...........................................................................................................................-................................................thereto as
surety, and IM his❑her own time as attorney in fact.
IN WITNES WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above.
r' 4FFIOIAI.BltAM �` 1 Notary Public �
1 - MARIA U11SA N..4t;U1NALD0 ,
yrs Nola�ry P�ualic-Cahtonua
lAtFtx;E OWN,,V My commission expires ............................................................................................................
My Comm Exp.Marcn 7, 1495
aeoo�➢-i-sa
CAT. NO.NNO0737
TO 1945 CA(8-84)
(Corporation) 90 TICOR TITLE INSURANCE
STATE OF CALIFORNIA
COUNTY OF Orange SS'
On April 26 ]997 before me, the undersigned, a Notary Public in and for
said State,personally appeared —"DbngluD. Steffensen
personally known to me or proved to me on the basis
of satisfactory evidence to be thePerson who executed
the within instrument as the Vice
x President,and Richard T. Deihl
personally known to me or . .,
OFFICIAL SEAL
>< ROSEMARY J. CO`.'ER
a proved to me on the basis of satisfactory evidence to be
nla
the person who executed the within instrument as the ,.,® Notary Publl COLI -iY
P ORANGE COU�pi
Secretary of the Corporation �� � My Commission Expires
that executed the within instrument and acknowledged June 10, 1994
to me that such corporation executed the within instru-
ment pursuant to its by-laws or a resolution of its
board of directors.
WITNESS my ha and official u
Signature (This area for official notarial seal)
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 eacF'c—orporate party being hereto 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)
INC
By
By
Secretary
THE AMERICAN INSURANCE COMPANY
SURETY
` By
ALAN C. BAER
APPROVED AS TO FORM ATTORNEY-IN-FACT.
n,L e s
2.4�
R. SHAW, ATTORN Y
-23-
CENEXAL
PORAT ORRN Y - THE AMERICAN INSURANCE COMPANY
KNOW ALE MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY,a Corporation incorporated under the laws of the State of
New Jersey on February 20,1 846,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 ueand CA ey(s)-in-Fact,with full werandauth
Its true end w Attorn power orityhereby conferred'mits aame,plaeemdstead,to execute,seal,acknowledge and deliver any
and all bonds,undertaking,recogniranas or other written obligations in the nature thereof
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the
Corporation and duly attested by its Secretary,hereby ratifying and confirming all that the said Atmroey(s)in-Fact may do in the premises.
This power of attorney is granted pursuant to Article VII,Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full fora and
effect.
^Amide VH.Appointment and Authorfty of Resident Seaetarfn,Atlorneys.ln-Fed and Agents Mamepr LegalProasr and Make Appearances.
Section 45.Appointment.The Chairman of the Board of Directors,the President.any Vice-Posidest or say other person authorized by the Boats of
Directors,the Chairman of the Board of Directon,the President or say Vice-President may,from thus to thee,appoint Resident Assistant Secretaries and
Attoroeys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept kgd process and make appeannas for and on behalf of the
Corporation.
Section 46.Authority.The authority of such Resident Assistant Secretaries,Attoroeysdn-Feet and Agsats shall be as prescribed in the iostramem evidencing
their appointment.Any such appointment and all authority granted tbereby may be revoked atany tiz ebythe Board of Direcrorsor by any person empowered to
make inch appointment!'
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN
INSURANCE COMPANY at a meeting duly called and held on the 31st day of July,1994,and said Rescission has not been amended or repealed:
"RESOLVED, that the signature of any Via-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the 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 cereificatc relating thereto,by facsimile,
and any power of attorney,any revocation of any power of attorney,or certificate bearing such farsm0e 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 hereto affixed this 1st dayof June ' 19, 90 _
THE AMERICAN INSURANCE COMPANY
S`r�4ct'CO� By
wanRmaeu
STATE OF CALIFORNIA _
COUNTY OF MAR1N as
On this Isr dayof .rime 19 an .beforemepersonallycame R.D.Farnsworth
to me known,who,being by me duly sworn,did depose and my:that he is Via-President of THE AMERICAN INSURANCE COMPANY,the Corporation
described in and which executed the above instrument;that he knows the seal of said Corporation;that the said affixed to the said instrument is such corporate
seal;that it was so affued by order of the Board of Directors of said Corporation and that he signed his name thereto by like order.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein feat above written.
aprssuamiumeN mnlaNNl numsssnnmmum
= OFFICIAL SEAL 1 G(?
int 1. M. VANDEVORT "a_
NOTARY PUBLIC-CALIFORNIA g dwnlveur
Principal Office in Marin Comedy
Mr Camnrinien Expires Aug.28.1992 { CEBTMCATE
titNNmlNalaa/a111Nr/anal/Ir/NN/mtlmlma111�
STATE OF CALIFORNIA
COUNTY OF MARIN aR
I,the undersigned,Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY,a NEBRASKA Corporation,DO HEREBY CERTIFY that
the foregoing and attached POWER OF ATTORNEY remains in full fora and has not been revoked;and furthermore that Article VII,Sections 45 and 46 of the
Bylaws of the Corporation,and the Resolution of the Board of Directors;set forth in the Power of Attorney,are sow in fora.
{{ C
Signed and scald at the County of Marin.Datil the 14 day of — j/'///� ..,�� /`/•y , 19 .
'+��tMCf'cOt,r auamra:uamseasrp
360711-TA-6-90(REV)
Two
RECEIVED t� 3. 9—
SEP 30 26 PM X91 F ORANGE ORDED IN
CALIFORNIA
CITY CLERK 4:00
UEPARTMENT P.M. SEP 12 1991 nd"
CITY OF VAN
JUAN CA?IS+RAN(Y4-1a L Recorder
3
RECORDING REQUESTED BY AND RECORD G FEES EXEDUE TO
WHEN RECORDED RETURN TO: GOVERNM T CODE CTION 6103
City of San Juan Capistrano
Office of the City Clerk
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
CHERYL J ON, CITY'GkERK
PROJECT: Tract 13437
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 13437; 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 13437 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 13437
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 street lighting system; installation of all
street signs; 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.
1*410
rr
Y
PI#ECT: Tract 13437
i ..
2. 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.
3. DEVELOPER agrees to pay all applicable fees imposed by CITY's
ordinance and resolutions as conditions of approval of Tract 13437 and the improvements
therefor.
4. 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.
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.
5. 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.
6. 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.
7. 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.
8. 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.
PICT: Tract 13437
9. 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.
10. 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.
11. 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.
12. 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.
IN WITNESS WHEREOF, the parties have executed this agreement as of July 16,
1991.
CITY OF SAN JUAN CAPISTRANO
DATE: July 16, 1991 z��
Kenneth Friess,
ATTEST: THE LUSK COMPANY (Qyyll
DEVELOPER a California corporation
(LUSK-SAN JUAN DIVISION)
r
j Cb-ryl Joh on, CITY CL 4 BY61
VICE, PRESIDENT
APPROVED AS TO FORM:
BY '/ 7x
Secretary
Tom Clark, CITY ATTORNEY
APPROVED
LEGAL DEPT.
CORPORATE ACKNOWLEDGMENT No.272
State of California Onthisthe 16thdayof July _ 1921—before me,
County of Orange �SS. Cheryl A Johnson
the undersigned Notary Public,personally appeared
----------Kenneth E. Friess----------
personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person o exec the wjhin ins meet s
Mayor )elity o" an Jua-�t_ tT,,,F�conol'ationt�ierelncipal
o`tf H�t ftNfc zPio°, a municipal
OFFICIAL SEAL named,and acknowledgedto me that t cor ration executed It.
CHERYL A. JOHNSON yylTN S my hand and official seal.
o NOTARY PUBLIC-CALIFORNIA
ORCIi6E COUNTY
My comm. expires DEC 13, 1993
Notary's Signatur
ATTENTION NOTARY:Allhough the information requested below is OPTIONAL,It could prevent fraudulent attachment of this certificate to another docurrlent.
THIS CERTIFICATE Tide or Type of Document Improvement Agreement , Tract 1_741i7
MUST BE ATTACHED Number of Pages 3 Date of Document July 16 1991
TO THE DOCUMENT
DESCRIBED AT RIGHT: Signer(s)Other Than Named Above The Lusk Conany__
O W0101ML rgrAm'AS90CLVM-MW linrrw Ae.-P.0.8W7184-C.WWPICC� 91a0a71N
CAT. NO. NNO0737
TO 1945
(Corporation) 84j
J TICOR TITLE INSURANCE
STATE OF CALIFORNIA
COUNTY OF Orange } Ss.
On March 19, 1990 before me, the undersigned, a Notary Public in and for
said State, personally appeared James C. Waples
personally known to me or proved to me on the basis
s of satisfactory evidence to be the person who executed
the within instrument as the Vice
= President, and Richar T. Deih
personally known to me or
proved to the basis satisfactory evidence to be
w
t the person whoo executed the within instrument as the
Secretary of the Corporation
that executed the within instrument and acknowledged � 1
to me that such corporation executed the within instruLe I
-
ment pursuant to its by-laws or a resolution of its
board of directors.
WITNESS my han nd official seal.
Signature �� �• AQ�� (This yea for official notarial scat)
• Copy o o •
AGENDA ITEM July 16, 1991
TO: Stephen B. Julian, City Manager
FROM: William M. Huber, Director of Engineering & Building
SUBJECT: Approval of Slope Displacement Warranty Program, Improvement
Agreement, Construction Cost Apportionment and Reimbursement
Agreement and Final Maps, Tracts 13436, 13437, 13865, 13866;
G1enFed/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 /t3) 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
G IenFed 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"7'COUNM AGEN41 13c�
AGENDAITEM • •
July 16, 1991
Page 2
FINANCIAL CONSIDERATIONS
All required fees have been paid and sureties posted except as noted under Situation.
ALTERNATE ACTIONS
1. 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
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ATTACHMJNT #2 10 1
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, 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 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.
-1-
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
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:
a. Provisions on the use and maintenance, by the homeowners'
f association, of recreation areas, other common areas, and slopes.
I
b. 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 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
ommisston prior to approval of a final map.
-2-
0 0 1U3
5. Landscape and Wall Plans - Landscape, street tree, and fence/wall plans
shall be prepared and implemented for the entire project. Preliminary
landscaping, street tree, fence/wall plans shall be approved by the
—� 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:
(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.
7. 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
----► ommunity 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 accordance with Section 9-4.103 of the Municipal Code:
"B,""C," "D,""E," "F,"and "G" Streets.
12. Validation of At proval - All conditions of approval of AC 88-21 and the
Area n ,omposite evelopment an or ea en shall apply
toes Vesting TentattveTract ap approval.
-3-
104 • •
13. Slo a Warrant - The developer shall participate in the City's Slope
WarrantyProgram.
PASSED, APPROVED, AND ADOPTED this 6th day
of June 1989.
G Y L. AUSDORFER, M YOR
ATTEST:
CITY L
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. 89-6-6-4 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
(SEAL)
MARY ANNK
i
-4
• • 105
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 DEVELOPMENTY
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.
MARY AN"ANOVER, CITYCLERK
';an Juan C%pistrano, California
CHECK LIST
ORD. NO. RES. NO' 9,f
/ Mayor has signed 1
/ Clerk has signed
? City Seal stamped
All blanks typal n
"Absent" �ai
"Noes" A
"Abstain" Ar
Copies sent to post Ord. dist.
file
mail certified
,[a A9
Legal Publication ordered to be published
(date)
No. Printed copies required
Remarks
-5-
rw i I A%0 1M=r41 *-*3 I U r7
. RESOLUTION NO. 89-6-9
-S
APPROVING VESTING TENTATIVE TRACT MAP 13037
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-
108
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
Said plan shaoved ll be designed t Commission
m to the follior to owing criteria.oval of a final map.
I
a. The grading plan shall incorporate variable slopes on all major
manufactured slopes which simulate natural topography.
I
b. Tops and toes of slopes shall be meandering such that straight
edges are not created.
i
I
C. Tops and toes of slopes shall be vertically rounded. The major
landform features shall be reflected in the grading plan.
i
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.
Architecture - Architectural elevations shall be approved by the Planning
ommission prior to approval of a final map.
S. Landscabepe and Wall Plans - Landscape, street tree, and fence/wall plans
shall prepared and implemented for the entire project. Preliminary
-2
I
1 V 97
0 9
landscaping, street tree, fence/wall plans shall be approved by the
--�w 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.
7. Landsca a Maintenance and Maintenance Easements - The developer
shall 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
constructe in accordance with Section 9-4.103 of the Municipal Code:
"H"f "I"t "J"r "K"r "K-1", "L", "M", "N", "a", "P", "Q", "R", "S", wTn,
"U", "V", "W", "X", "Y", and "Z" Streets.
12. Validation of Approval - All conditions of approval of CUP R8-i7
lenfed and the Area-21Ln/Composite Development Plan for Area D
shall apply to this Vesting Tentative Tract Map approva .
-3-
110 • •
13. Sloe Warrant - The developer shall participate in the City's Slope
arranty rogram.
PASSED, APPROVED, AND ADOPTED this 6th day
of June , 1989.
A HASDORW
ATTEST:
U—ITY CLET
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)
MARY ANN , e 45�Vff�VF-K, CITY L K
I
-4-
I
I
•
111
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 Jime , 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.
1
MARY ANN, NQVER, CITY CLERK
c--i Juan C pistrano, California
CHECK LIST D
ORD. NO. RES. NOP-G-4- 5
Mayor has signed
--� Clerk has signed
-� City Seal stamped
-� All blanks typed '
"Absent" &"Noes"
"Abstain" AK
Copies sent to postr . dnsCS�' t.
file
mail -5 cert: ,ed
J7iR- C:%✓LSZ
Legal Publication ordered to be published
(date)
No. Printed copies required / 0
Remarks
-5-
CITY CLERK'S DEPARTMENT-ACTION REMINDER
LOQ' JU
TO- Theodore Simon, City Engineer
FROM Dawn M. Schanderl, Deputy City Clerk DATE: May 17, 1994
SITUATION:
At their regular meeting of July 16, 1991, the City Council approved the following Improvement
Agreements for the Lusk Company: Tracts 13436, 13437,"13865 and 13866.
ACTION REQUESTED:
The Improvements Agreements state that the City will permit the Developer to postpone the
completion of improvements for three years until July 16, 19//94. What is the status?
ACTION TO BE TAKEN: �CIj4r� �, 7D )/bunt
DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: ✓�""� Z �9 9
SIGNATURE OF OFFICIAL TAKING ACTION:
DATE SIGNED: 6/Z2�9`j
i
***FOR CITYCLERK'SDEPARTMENT USEONLY***
Tickler Date: 05/15/94
Deadline Date: 07/16/94
cc: Department Head
City Attorney
(600.30813436)
X S-17- yy
A®ry: om IaaK DAT!(MMI W/VV)
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.
Pasadena , CA 91106 COWANIES AFFORDING COVERAGE
818-440-0111 COMPANY
LETTER A Vrs . Undwrtrs Lloyds 76.74419
COMPANY
INSUMM LETTER B Vrs.Coinsurina Co. 23.2559%
THE LUSK COMPANY COMPANY
Ci
P.O. Box C-19560 LETTER International Ins . Companies
Irvine COMPANYLETTER p
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
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 70 ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHO WNMAY HAVE BEEN REDUCED By PAID CLAMS.
00 TYPE Of WEURANOE POLIOYNUMBDL POLICYl/FEOTNE POLIOYEXPIRAT LICIT
LT DATE(MM/DD/YY) DATE(MM/DD/YY)
RALLIABLITV GENERAL AGGREGATE t
At COMMERCIAL GENERAL LIABILITY DA20060 8/01/92 0/01/93 PRODUCTS-CAMP/OP AGB t i,000.000
BCLAIMS hupE OLLUR. PERSONAL a ADV. INJURY i
R'S 6 CONTRACTOR'S PROT. EACH OCCURRENCE i 1 00O OOD
FIRE DAMAGE Ukuy one Fire) B
L I ab 1 1 1 tv MED.EXPENSE(Any one perso i
AUTOMOBLE LIABLRY COMBINED SINGLE
ANY AUTO LIMIT i
ALL OWNED AUTOS BODILY INJURY :
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY i
NON-OWNED AUTOS (Per mideM1
GARAGE LIABILITY PROPERTY DAMAGE IT
9XDEaa LIMLITY EACH OCCURRENCE t 15.000.000
CX UMBRELLA FORM 5242117842 9/01/92 6/01/03 ADGREGATE t 15.000.000
OTHER THAN UMBRELLA FORM
WORKOI'a OOMPEMAT10N $IAIUTORY LIMITS
AND EACH ACCIDENT i
DISEASE-POLICY LIMIT t
EMPLOVILAW LIABLITY
DISEASE-EACH EMPLOYEE t ' -
OTHER
00
— m
DEa)RIPTION OF OPFJIATgN/LOOATWMVEN10LMSMOIAL FIRMS ;",r ti <
� 1
Certificate Holder named additional insured as their interest may appear o
Re: Tracts Nos. 13436, 13437, 13865 Q 13866
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 30 DAYSWRIT TENNOTICE TO THECERTIFICATE HOLDERNAMEOTO THE
City Of San Juan (L) LEFT,BUT FAILURE TO IL SUCH N TICE SHAL OSE NO OBLIGATION OR
Capistrano LIABILITYOFA I UPON CO ANY,ITS GEN SOR REPRESENT AT
IVE$
Attn: Dawn M. Schandarl
32400 Paseo Adelanto AUTHORIZED REPREAT 7Is
340.7000
San Juan Ce istrano CA. 92675
0 0
•NAMED INSURED: The Lusk Company, Et Al
l
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
ai:oi�i►. ISSUE DATE(MM/00/VY)
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.
Pasadena , CA 91106 COMPANIES AFFORDING COVERAGE
818-440-0111 COMPANY
LETTER A Unicare Insurance Company
COMPANY
INSURED LETTER B
The Lusk Company COMPANY
P.O. Box C-19560 LEITER Ci
I r V I no , COMPANYLETD
CA 92713 COMPANYLETTER E
THIS IS TO CERT IFV THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICA TED.NO T WITHS T ANOING ANY REOUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCLMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAV BE ISSUED OR MAV PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHO WNMAV HAVE BEEN REDUCED BY PAID CLAMS.
00 TYPE Or OMURAN09 POLICY NUMBPCHUOVEFPECTIVE POLIOYEXPNAT LIMITS
LT ER DATE(MM/DD/YV) DATE(MM/DD/VV)
GENERAL LIABILITY GENERAL AGGREGATE f
COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGO. f
CLAIMS WOE = OCCUR. PERSONAL & API. INJURY f
OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE f
FIRE DAMAGE (Any one lire) f
MED. EXPENSE(Any ane person f
AUTOMOBILE LIABILITY COMBINED SINGLE f
ANY AUTO LIMIT
ALL OWNED AUTOS BODILY INJURY f
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY 3
NON-OWNED AUTOS (Per aadAenU
GARAGE LIABILITY PROPERTY DAMAGE f
EXOESSLIABWITY EACH OCCURRENCE f
UMBRELLA FORM AGGREGATE f
OTHER THAN UMBRELLA FORM PREMEMEM
LdlCq.k.:+I tll
WORKER'S COMPENSATION X I STATUTORY LIMITS
A APN UCG 01 1324 3/01/92 3/01/93 EACH ACCIDENTf 1 000 000
DISEASE-POLICY LIMIT f 1 OOO OOO
lAMLOYlRY L1ABlRY
DISEASE-EACH EMPLOYEE f 1 ,000=0
OTHER
DESCRIPTION OF OPERATIONNLCOATENNVEHICLESISPECML ITEMS
Re: Operations Of the Named Insured.
Re: Tracts Nos. 13436, 13437, 13865 & 13865
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING MPANV WILL ENDEAVOR TO
MAIL 30 DAVSWRITTENNOTICE TO THE RTIICATE HOLDERNAMEDTO THE
City of San Juan (L) LEFT,BUT FAILURE TO MAIL SUCH NOTI ESM L IMPOSE NO OBLIGATION OR
Capistrano LIMBIC OF V IND UP T ECOMP NV,IT AGENT SOP REPRESENT ATIVES.
Attn: Cathy Selstad AMoR
32400 Paseo Adelanto / 203907000
San Juan Capistrano . CA. 92675
Or ® JUAM ISSUE DATE (MM/OD/VV)
08/29/91
PRODUCER 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.
The Crowell Insurance Agency
P. O. Box 19501 COMPAN119409RDING COVERAGE
43 Corporate Park, Suite 200
Irvine, CA 92713-9501 COMPANY A SES 1! FIR
LETTER
COMPANY CITY CLERK
INSURED LETTER B OEPARTMERT
eif It OF 9#4N
The Keith Companies COMPANY )UAN CAPISTRANO
P. O. Box 25127 LETTER C
Santa Ana CA 92799 COMPANY
LETTER American Motorists Ins Company
COMPANY L,.
LETTER
THIS IS TO CERTIFY THAT 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 CONDI-
TIONS OF SUCH POLICIES.
CO POLICY EFFECTIVE POUCY EXPIRATION LIABILITY LIMITS IN THOUSANDS
LT TYPE OF INSURANCE POLICY NUMBER DATE IMMNDfM DATE(MWDDNY) EACH
OCCURRENCE AGGREGATE
GENERAL LIABILITY BODILY
COMPREHENSIVE FORM INJURY $ $
PREMISESIOPERATIONS PROPERTY
RNDERGROUND DAMAGE $ $
PLOSION 8 COLLAPSE HAZARD
PRODUCTS/COMPLETED OPERATIONS
CONTRACTUAL B18 PD @@ mm
$
INDEPENDENT CONTRACTORS COMBINED `P
BROAD FORM PROPERTY DAMAGE
PERSONAL INJURY PERSONAL INJURY $
AUTOMOBILE LIABILITY MY
WURY
ANY AUTO [PER PERSON) $
ALL OWNED AUTOS(PRIV. PASS.) MY
XURY
ALL OWNED AUTOS(PRN PASS )THAN) (PER AC170ENT) $
HIRED AUTOS
PROPERTY
NON-OWNED AUTOS DAMAGE $
GARAGE LIABILITY
BI 8PO
COMBINED $
EXCESS LIABILITY
UMBRELLA FORM BI A PO cc cc
$
OTHER THAN UMBRELLA FORM $
COMBINED
WORKERS'COMPENSATION 3CM84284403 9/01/91 9/01/92 STATUTORY
AND $1 OO2(EACH ACCIDENT)
EMPLOYERS' LIABILITY $1222(DISEASE.POLICY LIMIT)
$1000 (DISEASE-EACH EMPLOYEE)
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSNEMICLESISPECIAL ITEMS TKCN10'984 IMPROVEMENT PLAN CHECKING ON TRACT
13436, 13437, 138[x5 & 13866—OLENFED/LUSK AREAS C&D (AI X PRIM CROSS)
**EXCEPT IF CANCELLED FOR NON—PAY, 10 DAY NOTICE WILL BE GIVEN
1111-111 • -
C I TY OF SAN JUAN CAP ISTANO *SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-
PIRATIO DATE THEREOF, THE NO COMPANY
ATTN: R. ANTHONY FOSTER MAIL .20 DAYS WRITTEN NOT TO TH CERTIFIC OLD OT E
32400 PASEO ADELANTO LEFT,9 Kg" RIX
SAN JUAN CAPISTRANO CA 92675 AUTHORIZED REPRESENTATIVE
Crowell InsuranIiQt Agen
R* 44
•
RAVE DATE(MM/DD/YY)
Ai;314WA
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.
Pasadena, CA 91106 COWANIES AFFORDNG COVERAGE
618-440-0111 COMPANY
LETTER A Vrs . Undwrtrs Lloyds 76.7441%
INSURED LETTER COMPANY
B
Vrs .Coinsuring Co. 23.2559%
The Lusk Company COMPANY
P.O. Box C-19560 LETTER C Unicare Insurance Com n
Irvine COMPANYLETTER D
CA 92713 COMPANY
LETTER E
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVUOR" HEP ICY PERIOD
INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT HICH THIS
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 SHOWNMAY HAVE BEEN REDUCED BY PAID CLAMS.
00 TYPE OF INSURANCE POLMY'N When POLIOVEFFEOTNE POLIOVEXPNAT LIMITS
LT DATE(MM/OD/W) DATE(MM/CID/YY)
OENERALLIABLITY GENERAL AGGREGATE
AX COMMERCIAL GENERAL LIABILITY DA1 10060 8/01/91 8/01/92 PRODUCTS-COMP/OP AGO ! 1 .000.000
BCLAIMS MADE OCLUR. PERSONAL 8 ADV, INJURY t
OWNER'S 6 CONTRACTOR'S PROT. EACH OCCURRENCE i 1 .000.000
FIRE DAMAGE (Any one lire) t
MED. EXPENSE(Any one person
AUTOMOBLE LIABLITV COMBINED SINGLE
ANY AUTO LIMIT t
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY t
NON-OWNED AUTOS (Per Awideol)
GARAGE LIABILITY PROPERTY DAMAGE t
EXCESSLIABLRY EACH OCCURRENCE t
UMBRELLA FORM AGGREGATE 1
OTHER THAN UMBRELLA FORM
WOMM'S COMPENSATION STATUTORY LIMITS ' 'p'"r�
C APO UCF 011324 3/01/91 3/01/92 EACH ACCIDENT t 1000000
lMPLOYEAS'LIABLRY DISEASE-POLICY LIMIT t 1000000
DISEASE-EACH EMPLOYEE t 1000000
OTHER
DESORPTION Of OPERATMINSILOOATRINSIVOI MLESIL-901&ITEMS
Certificate Holder named additional insured, per attached endorsement
Re: Tracts Nos. 13436, 13437, 13865 & 13866
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATIO OF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAI 30 DAYSWRITTEN TICE TO THECERTIFICATE HOC4ER NAMEOTO THE
Z::IEXPIPAT
Yan (L) FT,BUTFAIL TOMAI SUCH NOTICE SHALL MPOSE N OBLIGATION OR
LFABILITvO ANVKMD UP, N OMP Y.ITS AGENTSOR PRESENTS iNES.
ity Clark Office AuTHOR RPrdelanto 2 000
st rano CA. 92675
NAMED INSURED: The Lusk Company
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
RESOLUTION NO, 91-7-16-5. ACCEPTANCE OF RIGHT-OF-
WAY DEDICATION SAN JUAN CREEK ROAD BETWEEN FORSTER
CANYON ROAD AND LA NOVIA - TRACTS 13436, 13437 ,
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.
4. APPROVAL OF SLOPE DISPLACEMENT WARRANTY PROGRAM AGREEMENT,
CONSTRUCTION COST APPORTIONMENT AND REIMBURSEMENT AGREE_MEW
AND IMPROVEMENT AGREEMENTS AND FINAL MAPS - TRACTS 13436'
— 13437 . 13865, AND 13866 (GLENFED AREAS C AND D) (600.30/
600. 601
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. 0. 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
r
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.
Approval of Program Agreements and Final Mans:
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.
DIRECTOR OF COMMUNITY SERVICES
1. OPEN SPACE UPDATE (530.40)
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
MEMBERS OF T�E CrtY C0,6G_
GAR'Y-ECAMa9E__
3.Lj _ HA'.,SOCPF_a
i�� nioouurtu C�L.OLYN
ONES
CAROLANNASM
M 1776 1981 JEFFVA50LE-
1776
CITU MANAGER
GEORGE SCARBOPOuGH
June 23, 1994
Richard H. Curtis, Jr., Vice President
Glendale Federal
700 N. Brand Blvd.
P.O. Box 1709
Glendale, CA 91209
Re: Subdivision Improvement Agreements
Tract 13865, 13436, 13866, 13437
Dear Mr. Curtis:
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,
a, s,�...
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) 4931171
JCA
MEMBERS OF THE CITY COUNCIL
7� LAWRENCE F RUCHHEIM
L� KENNETH E FRIE55
GARY L HAUS DORGER
GIL JONES
JEFF VAS
t776 JEFF ASOUEZ
�'� • CITY MANAGER
STEPHEN 8 JULIAN
July 22, 1991 coo Fly
Mr. Donald Steffenson
The Lusk Company
P. O. Box C-19560
Irvine, California 92713
Re: Imrovement A reements and Final Mas Tracts 13436 13437 13865
and 13866 Construction Cost A ortionment and Reimbursement
Agreement Slope Displacement l4'arranty Program
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) 493-1171
0 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,
Cheryl Johnson
City Clerk
Enclosures
cc: Louise Rice-Lawson
Lee Johnson
Assistant City Manager
Director of Engineering and Building