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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 w VV �. ♦ �• W oil � 0M W .Iww all YYo i Kk VA v � u W Y ro•Y .rY.m "1 I ti v �• M]]Y) Yrr �I ONOrYI r e • `%� t � 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