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1995-0207_TAYLOR WOODROW HOMES CALIFORNIA_Surety Agreement0 a SURETY AGREEMENT THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation, hereinafter referred to as the "City" and Taylor Woodrow Homes California Limited, a California Corporation, referred to as "Developer". WITNESSETH WHEREAS, City will issue Grading Permit No. 33372 to Developer to construct certain designated improvements, more particularly described in Exhibit "A" attached and incorporated herein by reference, which said improvements constitute a portion of that real property at the location of Tracts 13866 and 13437, commonly referred to as Lomas San Juan Areas D-1 and D-2. WHEREAS, San Juan Capistrano Municipal Code Section 8-3.05 requires the posting of financial security to secure the faithful performance and labor and materials for the grading and installation of improvements connected with issuance of grading permits. WHEREAS, San Juan Capistrano Municipal Code Section 8-3.06 authorizes the Building Official to require additional bonding as security to ensure against adverse aesthetic impacts arising from incomplete grading and/or improvements from development projects which have not been completed. WHEREAS, the Building Official finds that the proposed project site is highly prominent and visible to the community, has unique topographic features or involves substantial grading of slope areas. NOW, THEREFORE, in consideration of the premises and promises hereinafter contained, City and Developer agree as follows: I. Developer's Improvements Obligations. Developer shall, at its sole cost and expense, provide and furnish all labor, materials and equipment for the installation of improvements set forth in Exhibit "A". The grading permit and plans, which further defines the improvements in Exhibit "A", are on file in the office of the City's Building Official, and all documents referenced in Exhibit "A" are incorporated herein by reference. 2. Developer's Security. Developer shall provide a bond by a duly authorized corporate surety, subject to the approval of the City's City Attorney, to secure Developer's improvement obligations required under this agreement. The amount of the bond shall be $7,429,100.64 for that work described in Exhibit "A". This security of $7,429,100.64 shall also serve as security for restora�t�ite, py of the surety instrument, as approved by the City Attorney, is attached as �J�11}�JJ n _ b. 0700 7 City Clerk City of Sa 9 • Surety Agreement Page 2 Taylor Woodrow Homes California Limited Lomas San Juan Areas D-1 and D-2 3. Completion of Imrovements. To ensure the protection of the public safety, health and welfare, Developer shall construct the improvements described in Exhibit "A" in accordance with the schedule as set forth in Exhibit "B", and the conditions as set forth in Exhibit "C". 4. Developer Default. In the event Developer does not complete the required improvements, including erosion -control measures within the time required, or abandons the project site, or suspends work for more than twenty working days other than previously prescribed, City shall have the right to immediately declare a default and to make demand on the surety for performance. 5. Restoration of Site. San Juan Capistrano Municipal Code Section 8-3.06 allows the City to require bonding as security to ensure against adverse aesthetic impacts arising from uncompleted grading and/or improvements. The purpose of this bonding shall be to restore the property to its original condition if the Developer defaults. This restoration shall include: A. Dismantle and/or demolish improvements; B. Grade property to its original contours as shown on the grading plan referred to in Exhibit "A'; C. Remove all debris and construction materials from the site; and D. Install erosion control, including hydroseeding, to the satisfaction of the Building Official. 6. Attorne,'sy Fees. Developer agrees to pay City such sum as the court may adjudge as reasonable for the legal services of an attorney representing the City in an action brought to enforce or interpret the obligations of this agreement, and such sum shall be made a part of any judgment in such action against Developer if such action is determined in favor of said City. 7. Developer's Work in Safe Condition. Developer shall perform all work in a safe workmanlike manner and shall take such precautions as may be necessary to warn and protect the public from any dangerous condition caused by the construction of said improvements. 8. Liability. Developer shall hold City, its officers and employees harmless from any and all claims, demands, causes of action, liability or loss of any sort because of, or arising out of, the acts or omissions of Developer, his contractor, subcontractors, agents or employees in the performance of this agreement. Surety Agreement Page 3 Taylor Woodrow Homes California Limited Lomas San Juan Areas D-1 and D-2 In witness whereof, the parties have executed this agreement as of �Pl/ff1�y 7 , 1995 at San Juan Capistrano, California. Developer: Taylor Woodrow Homes California Limited rCAAAA-�- By: p,&VdQ1j**XWgANJ X A. Michael Wentink V.P. Finance of San Juan M Daniel W. McFarland Building Official Approved as to Form: /� j & � kX By: Richard K. Denhatter City Attorney Surety Agreement Page 4 Taylor Woodrow Homes California Limited Lomas San Juan Areas D-1 and D-2 EXHIBIT "A" Lomas San Juan Areas D-1 and D-2 ITEM 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in accordance with Grading Permit No. 33372 and the Developer's plans and supporting documents as listed below: (A) Grading Plan for Lomas San Juan; AreasD-1 and D-2, dated 3/31/98, prepared by Hunsaker & Associates, Irvine, Inc., Neil D. Morrison, RCE No. 28545. (B) Geotechnical Report for Lomas San Juan, Areas C-1, dated 1/31/97, prepared by Leighton & Associates, Inc., Don Terres, CEG No. 1362. ITEM 2: Construction of all on-site improvements in accordance with Grading Permit No. 33372 and Developer's grading plans referenced in Item 1 above, including, but not limited to: driveways, parking areas, retaining walls, terrace drains, down drains, subdrains, area drainage systems, and private storm drain systems not a part of Developer's Improvement Plans filed with the City Engineer. ITEM 3: Construction and placement of landscaping and irrigation in accordance with approved plans for Lomas San Juan Areas D-1 and D-2 as included in the above plans. Surety Agreement Page 5 Taylor Woodrow Homes California Limited Lomas San Juan Areas D-1 and D-2 EXHIBIT "B" SCHEDULE FOR COMPLETION OF IMPROVEMENTS Completion Date Within 15 months of permit issuance With 24 months of permit issuance Task Rough Grade Certification Landscape Irrigation With 24 months of permit issuance Landscape Planting 0 0 Surety Agreement Page 6 Taylor Woodrow Homes California Limited Lomas San Juan Areas D-1 and D-2 EXHIBIT "C" CONDITIONS FOR COMPLETION OF IMPROVEMENTS A. The grading for this project shall be in strict conformance with the grading plans and related documents as described in Exhibit "A" and Grading Permit No. 33372. B. Grading operations shall commence within fourteen (14) calendar days after issuance of Grading Permit No. 33372. Winter grading will be conducted in strict accordance with the dynamic erosion -control plan submitted by the Developer, and approved by the City. This erosion -control plan reflects erosion mitigation measures for expected grading conditions as the work progresses through the winter season and shall not be amended except with the permission of the City. In the event Developer does not wish to implement winter grading, or permission for winter grading is rescinded, static erosion -control plans reflecting current conditions of grading shall be submitted within ten (10) days of cessation of work. These plans shall include erosion - control planting as required by the City. C. A sequence plan of grading operations shall be approved by the City prior to the issuance of any grading permit for this project. Any variation or deviation in the sequence of operations must be recommended, in writing, by the supervising civil and soils engineers and approved by the Building Official prior to performing any work related to the variation or deviation. D. Except as specified in "G" below, suspension in excess of twenty (20) working days of work authorized by Grading Permit No. 33372, including erosion -control measures and landscaping and irrigation, shall constitute default of this agreement. E. The supervising civil engineer and soils engineer shall file biweekly progress reports of all grading operations with the Building Official. An interim compaction report, for that work completed at the time work is suspended for the rainy season (see "G" below), shall be filed with the Building Official. This interim report shall conform to the grading code requirements for final compaction reports. F. Contractor shall control dust to the satisfaction of the Building Official or his deputy. During grading, Contractor shall keep water truck on site and dampen work area, grounds, and loaded trucks. Surety Agreement Page 7 Taylor Woodrow Homes California Limited Lomas San Juan Areas D-1 and D-2 G. Grading operations suspended during the rainy season shall be resumed no later than 15 days from date of suspension. H. Developer shall provide approved on-site archaeological monitor during all phases of grading and foundation excavation and submit a final archaeological report to the City upon completion of the grading.. L Developer shall provide approved Native American monitor during all phases of grading and foundation excavation and submit a final Native American report to the City upon completion of the grading. Developer shall provide approved Paleontologist to monitor all phases of grading and foundation excavation and submit a final Paleontological report to the City upon completion of the grading. K. The grading for this project shall be in substantial conformance to the grading concepts of Vesting Tentative Tract Map Nos. 13436 and 13437 as approved by City Council Resolution No. 89-6-6-4 and 89-6-6-5, and in strict conformance with the grading plans and related documents as described in Exhibit "A" and Grading Permit No. 33372. L. Installation of final erosion -control landscaping and irrigation, as required by City Council Resolution No. 89-6-6-4 and 89-6-6-5, Conditions of Approval, shall be commenced within seven (7) calendar days after Rough Grade Certification has been approved by the Building Official, or at any time at the discretion of the Director of the Department of Planning. Street trees and erosion -control landscaping shall be installed in accordance with City Council Resolution No. 89-6-6-4, Item No. 6(2) and 89-6-6-5, Item No. 6 (b). M. Installation of interim erosion -control devices and systems shall commence within seven (7) days after rough grade certification has been approved by the Building Official and must be completed within fifteen (15) days of rough grade certification. Final erosion -control landscaping and irrigation systems shall be installed prior to final inspection of the grading permit. N. All work shall be performed in strict observation of the Hours of Operation in accordance with San Juan Capistrano Municipal Code Section 8-107. 0 0 Surety Agreement Page 8 Taylor Woodrow Homes California Limited Lomas San Juan Areas D-1 and D-2 O. Contractor shall adhere to conditions of haul route permit and encroachment permit issued by the City Engineer. P. Parking for construction crew is to be on-site. • 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 PAx www sanjuancapistrano. org October 23, 2007 American Insurance Company 777 San Marin Drive Novato, CA 94998 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO THOMAS W. HRMAR MARK NIELSEN JOE SOTO DR. LONDRES USO Re: Release of Bond: Bond No. 11127274139 — Taylor Woodrow Homes California Limited: Tract 13236 (Lomas San Juan Planned Community) (San Juan Hills) Dear Sir or Madam: This letter is to inform you that the following bond issued for Taylor Woodrow Homes California Limited for on-site drainage improvements and slope landscape for Lomas San Juan Area D-1 and D-2 is released: BOND NO. PURPOSE AMOUNT 11127274139 on-site drainage improvements/slope landscape $250,000.00 (The original amount of the bond was $7,429,100.64 — which was reduced to $250,000 on 12/22/1998 by rider) The City of San Juan Capistrano hereby fully and forever releases and discharges American Insurance Company from any and all liability under the abovementioned bond number. The original released document is enclosed. If you have any questions, please do not hesitate to call me at (949) 443-6308. Very truly yours, ,MMC Enclosures as noted cc: (Letter copy only) James Ganion, Esq., Ulich and Terry, 4041 MacArthur Blvd, Ste 500, Newport Beach, CA 92660, Nasser Abbaszadeh, Engineering & Building Director; Sam Shoucair, Senior Engineer San Juan Capistrano: Preserving the Past to Enhance the Future �� �,,Printed on 100% recycled paper a STATUTORY PERFORMANCE BOND Bond No.: 11127274139 Premium: $66,862.00 KNOW ALL MEN BY THESE PRESENTS, that Taylor Woodrow Homes California Limited, as Principal, hereinafter called CONTRACTOR, and American Insurance Company, as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of seven million, four hundred twenty-nine thousand one hundred and 64/100 Dollars ($7,429,100.64) for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor is required to provide a faithful performance bond pursuant to the statutory requirements of the San Juan Capistrano Municipal Code to guarantee certain work, more particularly described as follows: GRADING, ON-SITE DRAINAGE IMPROVEMENTS, AND SLOPE LANDSCAPING FOR LOMAS SAN JUAN AREA D-1 AND D-2. NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said statutory obligation, 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, 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 modification of statutory obligation, or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration or modifications, or oft ��rl�ter©o -med thereunder. n /�- —7 City Clerk City of San 0 Statutory Performance Bond Taylor Woodrow Homes California Limited Lomas San Juan Areas D-1 and D-2 Executed this California. 9th APPROVED AS TO /F/ORM / / I. / "//nM i 0 day of February, 1995, at San Francisco Ricliard K. Denhalter �/? /QS City Attorney 7 PRINCIPAL By: LL A. Michael Wentink V.P. Finance (NOTARIZATION AND SEAL) SURETY 7Th American Insurance Company By: \'. isa B. Wofford Title: Attorr e in -Fact (NOTARIZATION AND SEAL) Page 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California so County of San Francisco On F h�g, 19g5 before me, Martha M.G. Scholl DATE NAME, TITLE OF OFFICER - E.G.. 'JANE DOE. NOTARY PUBLIC' personally appeared Lisa B. Wofford No. 5907 NAME(S) OF SIGNER(S) l personally known to me - OR - ❑ proms- to rne—on tMe--basis of -satisfactory -evidence to be the personjs�whose nameW is/afe- subscribed to the within instrument and ac- knowledged to me that he/she%" executed the same in IiWher/their authorized capacity(.ies), and that by h+ her/their signatures} on the instrument the persoros or the entity upon behalf of which the person(S) acted, executed the instrument. _9 MARTHA M.G. SCROLL � 40294 NO COMM. pP RrX" M WITNESS my hand and offic' I seal. SMI FRANCISCO Cot My lbmrt Expires Nov. 4 199,1!!8 � SIGNATURE OF NOTARY Martha M.G. Scholl 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 ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 GENERAL POWEROF ATTORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the County of Marin, State of California, has made, constituted and appointed, and does by these presents make, constitute and appointALAN S H I REK AND LISA B. WOFFORD, jointly or severally SAN FRpNCIS,F CaA sitstrueandlawAttorney)-tn-Ft , with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recognisances or other written obligations in the nature thereof _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ and to bind the Corporation thereby as fully and to the same extent u 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 Atiomey(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VII. Appointment and Authodly of Resident Secretaries, Attorneys -In -Fact and Agents to accept Legal Proms and Make Appearances Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vitt -President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice-Presideot may, from time to time, appoint Resident Assistant Secretaries and Attorneys -In -Fact to represent and act for and on bebalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 46. Authority. The authority of such Resident Assistant Secretaries, Attorneys -in -Fact and Agents shall be as prescribed In the instrument evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment:' This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation.' IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate seal to be hereunto affixed this 17th day of November , 1994 . THF AMERICAN INSURANCE COMPANY By vim-Pmsiden[ STATE OF CALIFORNIA COUNTY OF MARIN ss. On this 17th day of November 19 94 before me personally came M. A.Mallonee to me known, who, being by me duly sworn, did depose and say: that he is Vice -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. 1 OFFICIAL NOTARY SEAL A. KRIEGER -ei Notary Public— California e[ar walk MARIN COUNTY My Comm. Exp. MAR 20,1995 CERTIFICATE STATE OF CALIFORNIA 1 u COUNTY OF MARIN I 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 force and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and sealed at the County of Marin. Dated the 4tli, day of Vahn ia=A , 19 95. °e.Y�R•to+��`. Raiem[ ASWun[ Searauy 360711 -TA -2.94 AMERI, 14` C, •9 } STATE OF CALIFORNIA }ss. COUNTY OF c>F"'N J Cry— On -y On Ff_�eieiQ,4+ -7,199:5; before me, _}}v L �• � R� Spr.� personally appeared I"IILF-+A�! V.!>�r-r.1T�+�14`-_, V=LF P�Dat-JT personally known to me (er pfeved te to be the personr(s`j whose name($f is/ere subscribed to the within instrument and acknowledged to me that he/sheAbey executed the same in hisgier/their authorized capacity0es), and that by his/heFAheiF ignature(,&) on the instrument the personK or the entity upon behalf of which the person(,$`) acted, executed the instrument. WITNESS my hand and official seal. Signature OFFI IAI, NOTpp'y g,.Gl HO V S Cr:ai S(li'J No mry Puulic — ;::a;itnrnia ORANGE COUN :^/ "Ay CWtirk C; Pt�os t?.Av (This area for official notarial seal) Title of Document ID Date of Document Fti=— -7, 19 No. of Pages Z Other signatures not acknowledged 3008 (1/94) (General) First American Title Insurance Company •ST AMER10 C, } STATE OF CALIFORNIA }ss. COUNTY OF On -7, I`395 , before me,c:,. LAJ24 C personally appeared A. f Tz-e: oiE�kJT- 6F P-J:�Az C- F— personally known to me ( ) to be the person(s) whose name(s)-is/are- subscribed to the within instrument and acknowledged to me that he/s>+�etthey executed the same in his/hefAbeir--authorized capacity(ies), and that by his/her -#i& signatureKon the instrument the person0 or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature nFFL}IAL NU rr;fav cr.AL HOLLY CARLSON Notary Public _ California CRANGE COUNrI My Comm Expires MAY 27,15,5 (This area for official notarial wall Title of Document !S- �- FtJ7-- Date of Document i�-� -7. 1 c�-9't5' No. of Pages 3 Other signatures not acknowledged Y��, r'lrll��HTTc� 3008 (1194) (General) First American Title Insurance Company 0 0 A0I " I TAYLOR WOODROW December 23, 1998 Mr. Dan MacFarland Manager of Building and Safety CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto ,San Juan Capistrano, CA 92675 OEC 28 1998 duILOING DIVISION • Subject: Decrease Rider for Grading Bond No. 1112727 4139 Tract 13436, Areas D-1 and D-2 Dear Mr. MacFarland; Taylor Woodrow Homes, Inc. 24461 Ridge Route Drive Laguna Hills, CA 92653-1686 Telephone 949 581-2626 Facsimile 949 581-2727 Attached please find a Decrease Rider for the referenced bond in the amount of $250,000 as agreed upon. Please sign and notarize both originals and retain the one indicated for your records. The other original should be returned to my attention to forward to our surety company. We appreciate your prompt attention to this matter and look forward to working with you in the coming year to release the other improvement bonds pertaining to this project. Should you have any questions, please contact me at 949-206-2211. Kind Regards, fi Ginny Kerr Taylor Woodrow Homes, Inc. Cc: Bob Liewer Tom Hensley 0 0 RIDER TO DECREASE BOND AMOUNT This Rider is to be attached to and form part of Bond Number 111127274139 on behalf of TAYLOR WOODROW HOMES in favor of _CITY OF SAN JUAN CAPISTRANO and effective FEBRUARY 9 , 19 95 _ IT IS HEREBY UNDERSTOOD AND AGREED, That, The penal sine of this bond is decreased from SEVEN MILLION, FOUR HUNDRED TWENTY NINE THOUSAND, ONE HUNDRED & 64IDollars ($7,429,100.64) to TWO HUNDRED FIFTY THOUSAND AND N01100THS ---- Dollars ($ 250,000.00) effective the 22nd day of DECEMBER 19 98 PROVIDED, HOWEVER, that all other terms and conditions of the attached bond are to remain unchanged. Signed, Sealed and Dated this 22nd day of DECEMBER 19 98 TAYLOR WOODROW HOMES Principal By Y THE AMERICAN INSURANCE COMPANY n Surety By SWAN LEE, ATTORNEY-IN-FACT AC TED B :� Obligee By � J Title 0 0 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On December 23. 1998, before me, Michele R Leondis, personally appeared A. Michael Wentink , personally known to me ( ) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshe4hey executed the same in hislher/th& authorized capacity(ies) and that by his/herlth& signature(s) on the instrument the person(a), or the entity upon behalf of which the person(&) acted, executed the instrument. WITNESS my hand and official seal. MICHELE R. LM" .- COMM. i 1060M w�WGEC Ca1larYa MY Comm. OUN Expires JUN a. =I wt \--.,,Notary Pu li fh-and-f6rSaid County and State 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On December 22, 1998 before me, Janet C. Rojo, Notary Public personally appeared ************Swan Lee************** Opersonally known to me - OR - v f g JANE I C. RC 10 W11 PU31AC CA `URN,A u" ❑ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. - Signature of otary FIREMAN'S FUND INSURANCE CONft NATIONAL SURETY CORPOVTON ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL PO WER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corpormim NATIONAL SURETY CORPORATION. an Illinois corporation, THE AMERICAN INSURANCE COMPANY, a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corpontse and AMERICAN AUTOMOBILE INSURANCE COMPANY a Missouri 4 (herein collectively ailed 'the Companies') does each hereby appoint TERRY J. MOUGHAN, JACK M. WOODRUFF, DbNNA M. GERr8wWCH, CYNTHIA L. LEWIS, SCOTT R. WHITESIDE, SUSAN GANNUSCIO, THOMAS J. GALLAGHER, JANET C. ROJO, JOYCE LEE KINNEY, SWAN LEE, SAN FRANCISCO CA their true sod lawful Attorney(s)4n-Fact, with full power of authority hereby conferred in their name, place and acid, to execute, seal, acknowledge and deliver any and all bonds, undertakings, ruugnianar or other written obligations in the nature thereof_ and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President, soled with the corporate seals of the Companies and duly attested by the Companies' Secretary, hereby ratifying and confirming all that the said Atlomey(s)-in-Fact may do in the pmmises This power of ahomey is granted under and by the authority of Article VII of the By-laws of FIREMAN'S FUND INSURANCE COMPANY, NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNrrY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY which provisions are now in full force and effect. This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of FIREMAN'S FUND INSURANCE COMPANY, NA71ONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY at a meeting duly ailed and held, or by written consent, on the 19th day of March, 1995, and said Resolution has not been amended or repealed "RESOLVED, that the signature of any Via-Presidem, Assistant Secretary, and Resident Assistant Secretary of the Companies, and the seal of the Companies may be affixed or printed m any pow" of attorney, on any revocation of any power of momcy, or on soy cenifiate miming thereto, by fjcsimile, and any pow" of attorney, any revocation of any power of anomey, or certificate bearing such facsimile signature or facsimile seal shaft be valid and binding upon the Companies." IN WITH HEREOF, the vies havd th vts to be signed by their Vice-Presidcnt, and their corporate seals to be hereunto affixed this day or �e�i�ent ere causeeSf9 e y..art'r aalai \ e STATE OF CALIFORNIA l )} ss COUNTY OF MAIUN FIREMAN'S FUND INSURANCE COMPANY NATIONALSURETY CORPORATION TNEAMERICAN INSURANCE COMPANY ASSOCIATED INDEMNITY CORPORATION AMERICAN AUTOMOBILE INSURANCE COMPANY By v .�H on this 30 day of September . 1998 , beforeme personallyarae M. A. Mallonee to me known, who, being by me duly swure, did depose and say: that be is a see -President of alb company, described in and which executed the above instrument: that he knows the sats of the said Companies; that the seals affixed to the said instrument ace such company seals; that they were so affixed by order of the Board of Motion of said companies and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto at my hand tied affixed my official seal, the day and year herein first above written. L OCAMPO Commission M 1163726 Notary Public -CorforrJa _ Morin County Ivy Curet.eq*WN0v2B,7AD1 nm.r IwK CEK[SFTGTE STAT'BOFCAUFORNIA l J} ss COUNTY OF MARIN 4 the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full to= and has not been revoked; and furthermore that Article VIl of the By-laws of each company, and the Resolution of the Board of Director; set forth in the Power of Attorney, are now in fora. Signed and scaledat the County of Maria Dated the 22nd dsy of DECEMBER 1998 ZQ_w•- , ,Hau)I ; ��MaMa �G 1�}.MI)afy Gi� aaleam �$? L CA '-Irl 'Y p � A'Ca eo '�ahc['eea '!ran A�;r amdurAviAw Saveuly 760789-11-98 Fireman's Fund` January 17, 2005 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 0 2005 JAN 19 P 1: 59 SU.,.. RE: Bond number: 11127274139 Principal: Taylor -Woodrow Homes California Limited Description: Grading, On -Site Drainage Improvements, and Slope Landscaping for Lomas San Juan Area D-1 and D-2 Amount: $7,429,100.64 reduced to $250,000.00 on December 11, 1998 Effective: February 9, 1995 Gentlemen: The American Insurance Company is surety on the captioned bond, and we are asking that you provide us with the current status below. A self-addressed, stamped envelope is enclosed for your convenience in replying. Thank you for your assistance. Sincerely, Eileen M. Robison Surety Department Phone: 415/899-4309 Fax: 415/899-2229 e-mail: erobison@ffic.com ❑ The bond is released. Approximate release date ❑ Work is completed, but the bond is not released because ❑ Work is not complete and the bond is not released. Signature Title Date 777 San Marin Drive, Surety, Mail Drop C88, Novato, CA 94998 0 E MEMORANDUM October 2, 2007 TO: Meg Monahan, City Clerk /� FROM: Nasser Abbaszadeh, Building and Engineering Director / V . A SUBJECT: Grading Bond Release, San Juan Hills HOA/Taylor Woodrow Homes Tract 13436 This memorandum is authorization to release the grading bonds posted for Tract 13436 Lomas San Juan Area D-1 and D-2. The grading for the project has been completed and the bond can now be released. The performance bond # 11127274139 posted from American Insurance Company in the amount of $250,000.00 was posted as security. Please find attached a copy of the Surety Agreement and performance bond for your use. If you have any questions, please contact me. Attachment PLEASE CONTACT JOHN SHAW FOR: Contact information and who to address the letter to. PER: JOHN SHAW •. 4041 MAC NEWPORT September 26, 2007 The City of San Juan Capistrano Attn: John Shaw 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: LAW OFFICES OF • ,H & TERRY LLP \RTHUR BLVD., SUITE 500 3EACH, CALIFORNIA 92660 PHONE (949) 250-9797 HMILE (949) 250-9777 www.ut-law.com Taylor Woodrow Bond No. 1114165 4035 $274,610.00 Taylor Woodrow Bond No. 1111165 4027 $247,152.00 Taylor Woodrow Bond No. 1119727 4139 $7,429,100.64 Dear Mr. Shaw: This correspondence follows several regarding Taylor Woodrow's outstan Juan Capistrano regarding its San Ju City's position that until such time as Taylor Woodrow is resolved, the bol been resolved and a copy of the fully hereto for your review and file. At this time, Taylor Woodrow is req captioned bonds, and provide written Counsel, Taylor Woodrow Homes, hie. yours, M. Ganion, P.C. CH & TERRY LLP —�K Tr rete 1fi� 1iz Ln47LcI t# Z70Cc v J �G� 1' �G J Mous letters I have sent to your attention over the years g warranty and performance bonds with the City of San Hills Estates project. As you will recall, it has been the lawsuit filed by the San Juan Hills Estates HOA against would not be released. Thankfully, the lawsuit has now ecuted settlement agreement confirming same is attached besting that the City immediately exonerate the above- 1conformation of same to Don Steffensen, Jr., General 15 Cushing, Irvine, CA 92618. cc: Donald D. Steffensen, Jr. (via email only) m u � 0 II J LL II � LL V C�V Best's Rating Center - Compan4formation for American Insurance Company Page 1 of 2 41 Rating Center Rating Methodology Industry Research _Other View Ratings: FiRanFial_$tr_eny_th Issuer Credit Securities Advanced Search American Insurance Company Web Cat Select One Ratings Definitions Search Bests Ratings (a member of Allian-.z of America In_c) Assigned to companies - Press Releases A.M.Best #: 02177 NAIC #: 21857 FEIN #: 220731810 that have, in our Related products ► Address: 777 San Marin Drive Phone: 415-899-2000 opinion, an excellent ability to meet their Industry Ri Regional Novato, CA 94998 Fax: 415-899-3600 Web: ww_w...fir..eman_ sfund__com_ ongoing obligations to polic Country Risk Best's Ratings How to Oet Rated I Contact an Analyst I Financial Strength Ratings Yiexv.Definitions Issuer Credit Ratings View Definiti Rating: A (Excellent) Long -Term: a Affiliation Code: p (Pooled) Outlook: Stable Financial Size Category: XV ($2 Billion or greater) Action: Affirmed Outlook: Stable Date: October 02, 2006 Action: Affirmed Effective Date: October 02, 2006 * Denotes Unde_r_R.eview..B.est's Ratings Reports and News Visit our NewsRoom for the latest news and Dressreleases for this company and its A.M. 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US S Best's Statement File - Global http://www3.ambest.com/ratingsfFullProfile.asp?B1=0&AMBNum=2177&A1tSrc=l &Alt... 10/23/2007 Page 1 of 1 Meg Monahan From: John Shaw Sent: Monday, October 22, 2007 3:04 PM To: Meg Monahan Cc: Sam Shoucair Subject: taylor woodrow bond release Meg and Maria: with regard to sam shourcair's memo of October 22, 2007 addressed to you on release of the T -Woodrow Bond, the official notification of the release of the subject bond should be sent to: James Ganion, Esq. Ulich and Terry 4041 Macarthur Blvd., Suite 500 Newport Beach, Ca. 92660 Thank you. 10/23/2007 MEMORANDUM October 22, 2007 TO: Maria Morris, Deputy City Clerk FROM: Sam Shoucair, Senior Engineer SUBJECT: Tract 13437 and 13436, San Juan hills / Taylor Woodrow Homes, Bond release Please release the original Taylor Woodrow bond No. 111 332 217 36 for $1,141,900.00 for the La Novia Bridge improvements, associated with the development of the subject project. This release is in accordance with City Council Resolution No. 07-10-02-01 between the City and San Juan Hills / Taylor Woodrow Homes, executed on October 2, 2007. Attachment: Recap of October 2, 2007- Item # 10 of City Council Meeting. cc: John Shaw RECAP: City of San Juan Capistrano October 2,-2007 Page: 5 9. C64sideration of Agreement for Civil Engineering Services for the High West Side Pipeline Project (CIP No. 793), Recycled Water Pipelines (CIP No. 755), ands Recycled Water Pressure Reducing Stations (CIP No. 785) (PSOMAS) (600.30): Personal services agreement for civil engineering services for the High West Side Pipeline Project, Recycled Waterlines Project, and Recycled Water Pressure Reducing Valve Project with PSOMAS, in the amount of $431,915, approved with the following revisions. a) Exhibit A needs to be properly labeled, and b) Section 3.2 .Rate Schedule — the following sentence to be added at the end of the paragraph. "Not withstanding the hourly rates, all services and the comaledon of all construction shall be done for an amount not to exceed that sum specified in Section 3.1. herein _:"NielsenAlso, 5-0 10 Proposed, Settlement Agreement/Subdivision Tract 13436 (Lomas San Juan Planned Community)(S.� J. Hills)(Taylor Woodrow Homes, Inc.)(Lusk p Co pany)(600.30): Resolution No. 07-10-02-01 adopted approving a terlination and settlement agreement and mutual releases and taking &6 r actions relating to cost apportionment obligations for certain designated off-site work for area A — Los San Juan Planned Community, and Termination and settlement agreement with S. J. Hills and Taylor Woodrow Homes, Inc related to Tract 13436, approved Nie/senlSoto, 5-0 11. City, Manager Salary Recommendation (600.30): Amendment to employment agreement with David F. Adams, related to salary. adjustment, approved. Nie/sen/Soto, 5-0 E. PUBLIC HEARINGS: None F. SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to Agency Agenda) . G. ADMINIS'id2ATIVE ITEMS 1. CIIV MANAGER a. ,' Consideration of Phase I: Space Needs Assessment and Schematic Designs for the San Juan Capistrano Library, Approval of Agreement for Phase II Services with Carrier Johnson and Appropriation of Funds — City Council Priority No. 17B (330.20/600.30): Spaced needs assessment and schematic designs for the San Juan Capistrano Library, dated August 2007, received and approved; Professional services agreement for Phase /l services with Carrier Johnson, in the amount of $384,600, approved with a revision to Section 3.2 Rate Schedule — the following sentence to be added at the end of the paragraph. "Not withstanding the hourly rates, all services and 0 0 TAYLOR WOODROW December 23, 1998 Mr. Dan MacFarland Manager of Building and Safety CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 DEC 28 1998 Clu1LDING DIVISION Subject: Decrease Rider for Grading Bond No. 111 2727 4139 Tract 13436, Areas D-1 and D-2 Dear Mr. MacFarland; Taylor Woodrow Homes, Inc. 24461 Ridge Route Drive Laguna Wls, GA 92653-1686 Telephone 949 581-2626 Facsimile 949 581-2 7 27 Attached please find a Decrease Rider for the referenced bond in the amount of $250,000 as agreed upon. Please sign and notarize both originals and retain the one indicated for your records. The other original should be returned to my attention to forward to our surety company. We appreciate your prompt attention to this matter and look forward to working with you in the coming year to release the other improvement bonds pertaining to this project. Should you have any questions, please contact me at 949-206-2211. Kind Regards, ce i£ rL L i � _t_ Ginny Kerr 'J Taylor Woodrow Homes, Inc. Cc: Bob Liewer Tom Hensley 0 0 RIDER TO DECREASE BOND AMOUNT This Rider is to be attached to and form part of Bond Number 111127274139 on behalf of TAYLOR WOODROW HOMES in favor of CITY OF SAN JUAN CAPISTRANO and effective FEBRUARY 9 , 19 95 IT IS HEREBY UNDERSTOOD AND AGREED, That, The penal sum of this bond is decreased from SEVEN MILLION, FOUR HUNDRED TWENTY NINE THOUSAND, ONE HUNDRED & 64/DoOTazs ($7,429,100.64) to TWO HUNDRED FIFTY THOUSAND AND NO/100THS ---- Dollars ($ 250,000-00) effective the 22nd day of DECEMBER 19 98 PROVIDED, HOWEVER, that all other terms and conditions of the attached bond are to remain unchanged. Signed, Sealed and Dated this 22nd day of DECEMBER 19 98 TAYLOR WOODROW HOMES Principal By Y THE AMERICAN INSURANCE COMPANY e n Surety By SWAN LEE/,ATTORNEY-IN-FACT AC TED B Obligee �� By -- Title 0 0 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On December 23. 1998, before me, Michele R. Leondis, personally appeared A. Michael Wentink , personally known to me ( ) to be the person(&) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/sbefthey executed the same in his/heF/theif authorized capacity(+es) and that by his/heNtheif signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. MICHELE R. LEONM COMM.; 1060M Z Notary Pubic — Calrorrdo ORANGE COUNiy My Comm. Eupiree JUN A. 1999 + r otary V lic_in and- faid County �� and State CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Of California County of San Francisco On December 22, 199& before me, Janet C. Rojo, Notary Public personally appeared ************Swan Lee************** Opersonally known to me - OR - r A,n4 SA! iFRAW(::Pi;CCQI!NfY ❑ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature of otary '0 REMAN'S FUND INSURANCE COMPA• NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OFATTORNEY KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL SURETY CORPORATION, an Illinois corporation, THE AMERICAN INSURANCE COMPANY, a New Jersey corporation redomesiated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corponimr, and AMERICAN AUTOMOBILE INSURANCE COMPANY, a MissouriCo!�rairon, (h`eH;n collectively called "the Compania') doeseach hereby appoint TERRY J. MOUGHAN, JACK M. WOODRUFF, DONNA M. G R( CYNTHIA L. LEWIS, SCOTT R. WHITESIDE, SUSAN GANNUSCIO, THOMAS J. GALLAGHER, JANET C. ROJO, JOYCE LEE KINNEY, SWAN LEE, SAN FRANCISCO CA their rue and lawful Altomey(s)-in-Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognitanca or other written obligations in the nature thereof_ -------------------------- ----- ----- -- ---- ----------- ---- and to bind the Compania thereby as; fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seals of the Compania and duly attested by the Compania' Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises This power of attorney is granted under and by the authority of Article VII of the By-laws of FIREMAN'S FUND INSURANCE COMPANY, NATIONAL SURETY CORPORATION, THE AMERICAN- INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY which provisions we now in full fora and effect This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of FIREMAN'S FUND INSURANCE COMPANY, NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY at a meeting duty called and field, or by written consent, on the 19th day of March, 1995, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice -President. Assistant Secretary, and Resident Assistant Secretary of the Companies, and the seal of the Compania may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any cenifiate relating thereto, by facsimile, and any power of allomey, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies" IN WITNES5 0VHEREOF the xpnpra have caused the gf ats to be signed by their Vice -President, and their corporate sols to be hereunto affixed this" day of e5RBII16er sf9Y�Se xn•sFIREMAN'S FUND INSURANCE COMPANY Gme � ,••,,;oaNA71ONAL SURETY CORPORATION ` oTHE AMERICAN INSURANCE COMPANY �_I` a c w L; i ASSOCIATED INDEMNITY CORPORATION j'+ty . AMERICAN AUTOMOBILE INSURANCE COMPANY n�rl By STATE OF CALIFORNIA ss. COUNTY OF MARIN On this 30 day of September 1998 , before me personally came M. A. Mallonee to me known, who, being by me duly swum, did depose and say: that he is a tea -President Reach company, described in and which executed the above inslrumenG that be knows the seals of the said Companies that dte seals affixed to the said instrument are such company seals; that they were so affixed by order of the Board of Directors of mid companies 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. J L T � COmmtulon # 1163726 a -: Notary Public-CoRforrda 5 Marin County My COM. ElOes NOV 28.7001 nwrr wwK CERTIFICATE STATE OF CALIFORNIA Ills COUNTY OF MARIN I, the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full fora and has not been rooked: and furthermore that Article VII of the By-laws of each company, and the Resolution of the Board of Directors set forth in the Power of Attorney, M now in fora. Signed 0(0(9 and seated at the County of Marin. Dated the 22nd day of DECEMBER 1998 fes rto tiGti=t�l� 1NCl COQ 'SIXC['Cn't �jQln, A' $eRur1 360789-11-98