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1985-0530_CAPISTRANO ASSOCIATES_Improvement Agreement (2)EXEMPT 1!36130 L RECORDING REQUESTED BY AND RECORDING FEES EXEMPT DUE TO WHEN RECORDED RETURN TO: GOVERNMENT CODE SECTION 6103 City of San Juan Capistrano Office of the City Clerk Paseo Aanto San Juan uan Capistrstrano, CA 92675 MARY ANN A OV City Clerk San Juan Capistrano, California PROJECT Parcel Mao 84-851 IMPROVEMENT AGREEMENT r -. 1 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 Capistrano Associates RECORDED IN OFFICIAL RECOAU whose mailing address is: OF ORANGE COUNTY CAUFORNL One Brookhollow Drive Santa Ana, California 92705 .1 Qq PM MAY 30'85 hereinafter called the "DEVELOPER". W I T N E S S E T H WHEREAS, the CITY has conditionally approved Parcel Map 84-851 ; and WHEREAS, DEVELOPER desires to postpone the installation of the public and/or private improvements for Parcel Mao 84-851 until after the CITY's acceptance of the project; and COUNTY F RKORDER WHEREAS, in consideration of the CITY's approval of the request for postponement, DEVELOPER has aqreed to prov+.de such security as may be required by CITY to guarantee that all improve- ments for P.M. 84-851 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 P.M. 84-851'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; equestrian/ hiking trails; installation of storm drainage and sanitary sewerage facilities; installation of underground conduit street lighting system; installation of all street signs; the supplying and PROJECT Parcel Map 84-851 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. 2. DEVELOPER shall at its sole cost and expense, provide and install all on-site and off-site water mains and appurtenances and shall provide all labor and material to connect the same to existing mains and facilities of the Cap- istrano 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 P.M. 84-851 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 bene- ficiary, 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 no exceed ten percent (10%) of the total estimated cost set forth in paragraph 4 above, as may be determined necessary and desir- able by him for the proper completion of said work and improve- ment 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 365 days 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. -2- 7. and at its has passed; of the said demand, all its agents any part of PROJECT Parcel Map 84-851 DEVELOPER agrees that CITY may, without any notice, sole option, at any time after the time for completion complete, or cause to be completed, all or any part work, and DEVELOPER shall pay to said CITY, upon of the cost of any of said work done by the CITY, and contractors, or any of them, to complete all or 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 inter- pret 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. 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 workman- like 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 amountof $500,000 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 installation of improvements for 365 days until May 7 , 198 6. IN WITNESS WHEREOF, the parties have executed this agreement as of May 7, 1985 date -3- ATTEST: i • APPROVED AS TO FORM: qkRL�- :T—O F R. SHAW, City Attorney swgG13® PROJECT Parcel Map 84-851 CITY OF • SCA'AARTV•. DEVELOPER i CAPISTRANO ASSOCIA/TES By ?Ibcl� BRADFORD H. MILL R, PARTN By CORPORATE ACKNOWLEDGMENT NO. 202 State of California Onthisthe 7thdayof lay 19 $Sbeforeme, SS. County of nranaa Mary Ann Hanover the undersigned Notary Public, personally appeared OFFICIAL SEAL MARY ANN HANOVER ,n NOTARY PUBLIC -CALIFORNIA ORANGE COUNTY My comm. expires APR 20, 1988 y 1120 122 CORPORATE ACKNOWLEDGMENT State of Ca}ifnrnia SS. County of Orange OFFICIAL SEAL MARY A CARLSON NOTARY PUBLIC - CALVORNIA ORANGE COUNTY My comm, 1XVIM JAN 5, 1988 State of CA/jr&PAI%A SS, County of [04A.146if M EALANLIFORNIATYJUL 4, 1987 Phillip R_ 4rhwartza , CX personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(A) who executed the within instrument as Mayor or on behalf of the rbQ�rein named, and acknowledged to me that the �a9l� ccutted it. WITNESS my hand and official seal. 4625 • Woodland Hills, CA 91364 NO. 202 On this the Sthday of May 11985, , before me, A. Carlson the undersigned Notary Public, personally appeared Mary Ann Hanover �{ personally known to me ❑ proved to me on the basis of satisfactory evidence to be ttfie Pers40(T9 Who executed the within instrument as C1ty C lerK oronbeh Ifpfth�f(mgu.'rat o�it`�Ierein runic, ..7" named, and acknowledged to me that the (krporatlon xecuted it. WITNESS my hand and official seal. On this the day of __ �}_a_T 19,95, before me, the undersigned Notary Public, personally appeared W. sonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument on behalf of the partnership, and acknowledged to me that the partnership executed it. my hand and official seal. FORM 7130052 NATIONAL NOTARY ASSOCIATION, 23012 Ventura Blvd.• Woodland Hills, CA91364 EXECUTED IN TRIPLICATE PERFORMANCE BOND BOND NO: 133039 PREMIUM: $1,976.00 KNOW ALL MEN BY THESE PRESENTS: That CAPISTRANO ASSOCIATES, a General Partnership , as Principal, hereinafter called DEVELOPER, and INSURANCE COMPANY OF THE WEST , as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of ONE HUNDRED NINETY-SEVEN THOUSAND SIX HUNDRED AND NO/100($197,600.00)--Dollars for payment whereof Developer and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Developer has by written agreement dated on/or about May 7, 1985 entered into a (describe agreement) IMPROVEMENT AGREEMENT PUBLIC IMPROVEMENTS FOR PARCEL MAP 84-851 which contract is by reference made a part hereof, NOW, THEREFORE, the condition of this obligation is such that, if Developer shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City and successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. 2. 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 , B*O: 133039 its obligations or this bond, and it does not 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 15th day of May , 19 85 , at Costa Mesa--, California. PRINCIPAL CAPISTRANO ASSOCIATES, a General Partnership By (NOTARIZATION) SURETY INSURANCE COMPANY OF THE WEST BY' CRAM, l l� ��Y �✓+ul Mary A. n 10 Att r y- -Fact (NOTARIZATION AND SEAL) ACKNOWLEDGMENT BY CORPORATE SURETY State of California County of Orange OFFICIAL SEAL JUDITH K. CUNNINGHAM NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY MY COMMISSION EXPIRES SEP. 30, 1988 On May 1 , 1985 , before me, the undersigned, ss. .a Notary Public of said County and state, personally appeared MAIX A_ T n personally known to me to be the Attorney -in -Fact of INSURANCE COMPANY OF THE WEST the Corporation that executed the within instrument, and known to me to be the person who executed the said instrument on behalf of the Corporation therein named, and acknowledged to me that such Corporation executed the same. i NOT PVBLIC GENERAL ACKNOWLEDGMENT State of L- ✓ SS. County of 111111 OFFICIAL SEAL 7 lw ' ;sy JO C CANNAN 1 a NDTAf7Y PUBLIC -CALIFORNIA li \�`"i , ORANGE COUNTY 14�v. Y� My comm, expires JUL 4, 1957�� On this the -�"U day of 19 prbefore me, the undersigyYed Notary Public, personally appeared ,impersonally known to me ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) subscribed to the within instrument, and acknowledged that L' executed it. WITNESS- v hand anffiofficial seals NO. 201 n10129 NATIONAL NOTARY ASSOCIATION • 23M2 Vmt.,* BIW. • P.O. Box 4626 • Woodland HIM, CA 91384 Insuiece Company of the We HOME OFFICE: SAN DIEGO. CALIFORNIA Congress color of POWER OF ATTORNEY KNOW ALL HEN BY THESE PRESENTS: That the Insurance Company of the West, a Corporation duly organized and existing undo the laws of the State of Califon%!& and having its principal office in the City of San Diego. California, does hereby —'-at*. constitute and appoint. F. L Legrand, — Francis G. Jarvis, Jr., — Mary A. Jenny its true and lWul Attornaylsf•in-Fact, with lull power arta authority hereby conferred in its name, view end stead, to IaeCYte, not, acknowleoue and dsliver any and elf bonds, undertakings, recognisances or other written obligations in the nature thereof --------------- This Poway of Attorney is granted and L signed and euled by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Insurance Company of the West at a meeting duly called and held on the eth day of February, 1979, which said Resolution has tact ban amended or rescinded and of which the following Is a true, full, and complete copy: "RESOLVED: That the Resident or Secretary may from time to time appoint Attorneys -in -Fact to represent and act for and on behalf of the Company and either the Resident or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys - in -Fact and revoke the Power of Attomey give him or her; and be it further "RESOLVED: That the Attorneye-iii•Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this Bisth slay of-4200— INSURANCE rJune INSURANCE COMPANY OF THE WEST ,tw,srssr4 .r ryvosrr4 • e�eLM t 4[spltn� !ardent STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS' On Ws -14th --flay of June A.D., 19 78 before the subscriber, a Notary Public of the State of California, in and for the County of Ste% Diego, duly commissioned and qualified, came JAMES B. RATHBUN President, of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and be acknowledged the execution of the Same, and being by me duly sworn, deposetb and With, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate SSaI of the said Corporation, and that the Said Corporate Seal and his signature as such officer were duly affixed and subscribed to the Said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my band and affixed my Official Seal. at the City of San Diego, the day and year first above written. omuIC CAL / — CAROLE POWER gOTARr IflallC • GLLIiDill • y Principal Office, Ln DieAAM WWgo 10. Call 1 I _ e „ My commission fxv. Oct 10. llgl Notary Public STATE OF CALIFORNIA t COUNTY OF SAN DIEGO f SS: 1. the %nderaigned. Richard S. King Secretary of the Insurance Company of the West, do hereby certify that the erigioat POWER OF ATTORNEY, of which the foregoing L a full, true and corract dopy. is in full (am and affect, and has not boom revoked. IN WITNESS WHEREOF, I have ber!%nto anbsQtbd soy %ams as Secretary, and affixed the Corporate Beal of the Corporation. eLt. 15th •.y of slay tg RS WMrA'vrpr 040 ,gTAMOY� K" CAL 37 L� Secreta t• EXECUTED IN TRIPLICATE 0 PUBLIC BOND FOR IMPROVEMENTS (LABOR AND MATERIALS) P0ect Parcel Map 84-851 Bond -No. 133039 'The Premium charged for this Bond in included in that shown on the Performance Bond:' WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and_ CAPISTRANO ASSOCIATES, a General Partnership , whose mailing address is ONE BROOKHOLLOW DRIVE, SANTA SNA. CA 92705 hereinafter designated as Principal, have entered Into an agreement whereby Principal agrees to install and complete certain designated improvements, which said agreement dated On/or about May 7, 1985 19 , and identified as (Subdivision Agreement for IMPROVEMENTS ) (Project Parcel May 84-851 ) is hereby referred to and made a part hereof; and WHEREAS, Said Principal is required under the terms of said agreement, to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the Principal, and INSURANCE COMPANY OF THE WEST , whose mailing address is 17570 BROOKHURST STREET FOUNTA N VALLEY cA 92708 as Surety, are held and firmly bound unto the Cit of S n Juan Capistrano hereinafter called Cityy in IE, HUNDRED NINETY-SEVEN THOUSAND SIX HUNDRED AND ko/yd0 DOLLARS the penal sum of `?M7.600 -001 -------------------------------------- ------------ lawful money of the United States, for the payment of which sum well and truly to be made, we bond ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their tune intent and meaning, and shall indemnify and save harmless the City of San Juan Capistrano, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. 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. BOND NO: 133039 The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder, or the specifications accompanying same, shall in any way affect its obligations on this bond, and it does hereby waive any notice of any such change, extension of time alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on May 15 , 19 PRINCIPAL SURETY CAPISTRANO ASSOCIATES, a General Partnership INSURANCE COMPANY OF THE WEST !/i .♦/... , li Address of Subdivider: BY L1 L Mary AN-Jnr Jn , Atto y -i 'act NOTE: Acknowledgments of execution of Principal and Surety must be attached. ACKNOWLEDGMENT BY CORPORATE SURETY State of California ) On _ May 15, 1985 , before me, the undersigned } ss. .a Notary Public of said county and state, Personally appeared, County of Orange 1 Mary A. Jenny personally known to me to be the Attorney -in -Fact of INSURANCE COMPANY OF THE WEST OFFICIAL SEAL the Corporation that executed the within instrument, and known JUDITH K. CUNNINGHAM to me to be the person who executed the said instrument on NOTARY PUBLIC- CALIFORNIA PRINCIPAL OFFICE IN behalf of the Corporation therein named, and acknowledged to ORANGE COUNTY me that such Corporation executed the same. SSION My COMMISEXPIRES SEP 30 1988 L/{s ir%i X 49, 7) N_ - y UBLIC GENERAL ACKNOWLEDGMENT Stateof County of /I 77S. OFFICIAL SEAL JO C CANNAN n NOTARY PU©LIC - CALIFORNIA ORANGE OOUNIY a My comm. expires )UL 4, 1987 r On this the the day of Public, personally appeared 196--J, before me, personally known to life ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) subscribed to the within instrument, and acknowledged that executed it. WITNESS my hand and official seal. _, re NO. 201 7110 122 NATIONAL NOTARY ASSOCIATION • 23012 VauNra BNd. • P.O. Box 1825 • WoodWW N2b. CA 81381 Insce Company of the 1W Iwo—ME OFFICE SAN DIEGO, CALIFORNIA Classified can of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the Wert, a Corporation duly organised and existing under the laws of the State of California and having its principal office in the (Sty of San Diego, California, does hereby nominate. constitute and appoint. F. iso Legrand, - Francis G. Jarvis, Jr., — May A. Jenny its true and lawful Attornay(s)-in•Fact, with full power and authority hereby conferred in its name, plan and sued• to execute, teal, acknowledge and deliver any and all bonds, undertakings, recognisances or other written obligations in the nature thereof-------_—�_-- This Power of Attorney is panted and is signed and called by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Insurance Company of the West at a meeting duly called and held on the 0th day of February. 1973• which said Resolution has not been amended or rescinded and of which the following is a true. full, and complete copy: "RESOLVED: That the Resident or Secretary may from time to time appoint Attorneys -in -Fact to represent and act for and on behalf of the Company, and either the President or Secretary. the Board of Directors or Executive Committee may at any time remove such Attorneys - in -Fact and revoke the Power of Attorney give him or her; and be it further "RESOLVED: That the Attorneys -in -Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require• and any such bonds or undertakings executed by any such Attorney. in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, Insurance Company of the West has aused W official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this Sixth d of June 1p 7B INSURANCE COMPANY OF THE WEST `psarAsrd. n �earoMo� President STATE OF CALIFORNIA COUNTY OF SAN DIEGO as; On this Sixth day of June A.D., 19-18— before the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came JAMES B. RATHBUN President, of INSURANCE COMPANY OF THE WEST, to we personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Said of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written. orn7c7AL n91WCAROLE POWER NOTARY PUBLIC • CALIFORNIA Oe. Son Diego Co.Calif. My Com My Comminion on Fig. Oct.I 10. 961 Notary Public STATE OF CALIFORNIA l COUNTY OF SAN DIEGO J L the aedersigeed, Richard S. King Secretary of the Insurance Company of the West. do hereby certify that the original POWER OF ATTORNEY. of which the foregoing is a full, true and cosrect copy. is in &H fora and effect, and has not been revoked. IN WITNESS WHEREOF. I haw banooto subscribed my same as Secretary, and affixed the Corporate Seal of the Corporation. chic 15th d.ypf biav tg 85 tpMrAar� +Ta"'OjtQr �' «Ynit� MW CAL 37 ' Secreta INSURANCE COMPANY OF THE WEST P.O. Boa 81063 San Diego, CA 92138 Bond No. 133563 PREMIUM: $55.00 Subdivision Bond—California Faithful Performance—Public Works EXECUTED IN TRIPLICATE SUBDIVISION BOND MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: That CAPISTRANO ASSOCIATES, a General Partnership as Principal, and the INSURANCE COMPANY OF THE WEST a corporation organized and existing under the laws of the state of California and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto THE CITY OF SAN JUAN CAPISTRANO in the sum of THREE THOUSAND AND NO/100-------------------------------- Dollars l$ 3,000.00----- for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors, and assigns, jointly and severally, firmly by these present. The condition of the foregoing obligation is such that, whereas the above—bounden Principal has entered into a contract, dated On/Or about May 7. — , 19 85 with the CITY OF SAN JUAN CAPISTRANO t0 do and perform the following work, to wit: IMPROVEMENTS AT 32911 CALLE PERFECTO, PARCEL MAP NO. 84-851 - MONUMENT SETTING NOW, THEREFORE, if the above—bounden Principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED and SEALED this 15th_ day of May 1985 CAPISTRANO ASSOCIATES, a General Partnership BY: ���SJIc Principal INSURANCE COMPANY OF THE WEST i ICW CAL 137 Bim_ -- Mary e ny, At o ney Fact ACKNOWLEDGMENT BY CORPORATE SURETY State of California ) On—, May 15 1985 } ss. .a Notary Public of said county and state, Personally appeared County of Orange ) Mary A Jenrry personally known to me to be the Attorney -in -Fact of INSURANCE COMPANY OF THE WEST OFFICIAL SEAL JUDITH K. CUNNINGHAM the Corporation that executed the within instrument, and known �" NNTARY POBLIC CALIFORNIA to me to be the person who executed the said instrument on PRINCIPAL OFFICE IN behalf of the Corporation therein named, and acknowledged to ' ORANGE COUNTY MY COMMISSION EXPIRES S___ Ep_30 �_gRR me that such Corporation executed the same. Insymance Company of the lost GME OFFICE SAN DIEGO, CALIFORNIA Cor"ad GPs. M POWER OF .ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West, a Corporation duly organised and existing under the laws of the State of California and having its principal office in the City of San Diego, California. does hereby nominate. constitute and appoint. F. L Legrand, - Francis G. Jarvis, Jr., — Mary A. Jenny its true end lawful Attomev(e)•in•Feet, with full Power and authority hereby conferred in its nem*, Place and steed, to execute, seer. acknowledge end deliver arty and all bonds, undertakings, recognisances or other written obligations in the nature thereof ---------- —__- This Power of Attorney is granted and is signed and sealed by ficalmile under and by the authority of the following Resolution adopted by the Board of Directors of the Insurance Company of the West at a meeting duly called and held on the Bth day of February, 1979, which said Resolution has not been amended or rescinded and of which the following L a true, full, and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys -in -Fact to represent and act for and on behalf of the Company and either the Resident or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys. in -Fact and revoke the Power of Attorney give him or her; and be it further "RESOLVED: That the Attorneys -in -Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require• and any such bonds or undertakings executed by any such Attorney in -Fact shall be u binding upon the Company as if signed by the Resident and sealed and attested by the Secretary." IN WITNESS WHEREOF, Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this Sixth day of Juns 19 7B INSURANCE COMPANY OF THE WEST tAwr'u'r4 n ote"'0yye 1k ■ �a+cue t tEt C �legRMet' esident STATE OF CALIFORNIA COUNTY OF SAN DIEGO as On the■ 81sth d.y of June A.D., 19 79 before the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came JAMES B. RATHBUN Resident, of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposeth and saith, that he L the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, mord that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said Instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto not my hand and affixed my Official Seal, at the City of San Diego• the day and year first above written. OrUBLIC stAL CAROLE POWER NOTARY PUBLIC •CALIFORNIA Principal iMac. Sen Owgo Co. isti. 6/ My Commission fsP. Oct 10. 1Bl1 Notary Public STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO J 1, the undersigned Richard S. Kine Secretary of the Insurance Company of the West, do hereby eortify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in lull tam and effect, and has not been revoked. IN WITNESS WHEREOF, I Ove heeoato subscribed chi. 15th e.yof May t985 tpttrAvra «wlttt(� BL1y CAL 37 my name as Secretary. and affixed thio Corporate Seal of the Corporation. s Secreta MEMORANDUM TO: FROM: DATE: SUBJECT: 0 Tony Foster, Assistant Engineer 0 Dawn Marie Schanderl, Records Coordinator June 13, 1988 Release of Bonds - Capistrano .Associates PM 84-851 As per our conversation on Friday, June 10, 1988, the following bonds for subdivision agreement, Capistrano Associates, Parcel Map 84-851 may be released: 1. No. 133039 $197,600 2. No. 133039 $197,600 3. No. 133563 $3,000 Please schedule for an upcoming Council meeting. Thank you. Dawn M. Schanderl cc: Bill Murphy, Director of Public Works Faithful Performance Labor and Materials Monumentation MEMORANDUM 0 • May 21, 1985 TO: Cathleen A. DuCoing, Records Coordinator FROM: C. M. Bryant, Engineering Assistant SUBJECT: New Surety, Parcel Map 84-851/Tract 10564 The following bonds from Insurance Company of the West have been submitted and confirmed as the new surety for the above subject project: Bond Number Amount Purpose 133039 $197,600 Faithful Performance 133039 $197,600 Labor and Materials 133563 $ 3,000 Monumentation Please forward copies of the existing surety held for Tract 10564 so that I can prepare a release. N6 CMB:ol attachments