1992-0918_PARKER ,LARRY H_Surety AgreementAND ON-SITE
THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO,
a municipal corporation, hereinafter referred to as the "City" and Larry H. Parker,
referred to as "Developer".
WITNESSETH
WHEREAS, City will issue Grading Permit No.30535 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 #5 Strawberry Lane (aka 30552 Strawberry Lane),
San Juan Capistrano, California, commonly referred to as Parcel #3 of Parcel Map 32/18.
WHEREAS, San Juan Capistrano Municipal Code 8-2.05 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 8-2.06 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:
1. 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 $152,855.00 for that work described in
Exhibit "A". This security of $152,855.00 shall also serve as security for restoration of
the site. A copy of the surety instrument, as approved by the City Attorney, is attached
as Exhibit "D".
3. Completion of Improvements. 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".
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0 0
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 8-2.06 allows
the City to require bonding a security to ensure against adverse aesthetic impacts arising
from incompleted 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:
1. Dismantle and/or demolish improvements;
2. Grade property to its original contours as shown on the grading plan
referred to in Exhibit "A";
3. Remove all debris and construction materials from the site; and
4. Install erosion control, including hydroseeding, to the satisfaction of the
Building Official.
6. Attorney's Fees. Developer agrees to pay City such sum as the court may
adjudge as reasonable for the legal services of an attorney representing 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
arising out of, the acts or omissions of Developer, his
or employees in the performance of this agreement.
-2-
or loss of any sort because of, or
contractor, subcontractors, agents
i
In Witness Whereof, the parties have executed this agreement as
of / 0 , 19 �79 at San Juan Capistrano, California.
Approved as to Form:
By: John Shaw
City Attorney
Cof San Juan Ca istrano
By: 'Dihrel W. UcF rland
Building Official
Principal(s)
By: d�
Title:
By:
Title:
By:
Title:
-3-
0
0
EXHIBIT "A"
LARRY H. PARKER RESIDENCE
ITEM 1: Construction of all on-site grading (cut, fill and slope stabilization) operations
in accordance with Grading Permit No. 30535 and the Developer's plans and
supporting documents as listed below:
(A) Grading Plan for #5 Strawberry Lane, San Juan Capistrano, CA 92675
prepared by Toal Engineering, Ray Toal, Engineer, RCE No. 16889 and
dated 8/25192.
(B) Geotechnical Report for #5 Strawberry Lane, San Juan Capistrano, CA
92675 prepared by Bogseth and Herrington & Associates, Engineer Paul
Bogseth, No. 1153 and dated 8/26/92.
ITEM 2: Construction of all on-site improvements in accordance with Grading Permit
No. 30535 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 City Engineer.
ITEM 3: Construction and placement of landscaping and irrigation in accordance with
approved plans for #5 Strawberry Lane, San Juan Capistrano, CA 92675, as
included in the above plans.
-4-
EXHIBIT "B"
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Completion Date Task
10/15/92
11/5/92
Rough Grade Certification
Landscape Irrigation
11/5/92 Landscape Planting
-5-
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. 30535.
B. Grading operations shall commence within fourteen (14) calendar days after issuance
of Grading Permit No. 30535.
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. Except as specified in "F" below, suspension in excess of twenty (20) working days of
work authorized by Grading Permit No. 30535, including erosion -control measures
and landscaping and irrigation, shall constitute default of this agreement.
D. 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.
E. Contractor shall control dust to satisfaction of Building Official or his deputy.
During grading, Contractor shall keep water truck on site and dampen work area,
grounds, and loaded trucks.
F. Grading operations suspended during the rainy season shall be resumed no later than
15 days from date of suspension.
G. 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.
H. All work shall be performed in strict observation of the Hours of Operation in
accordance with San Juan Capistrano Municipal Code Section 8-107.
I. Contractor shall adhere to conditions of haul route permit and encroachment permit
issued by the City Engineer.
INDIVIDUAL ACKNOWLEDGMENT
State of 2 �i a 1 On this the "day of
County of yA/4Aei ISS. e
OFFICIAL NOTARY SEAL
LYNNETTE C. LEHMANN
Not" Public aNIgN
ic—Ca
ORANGE COUNTY
Nb Comm. Expha OCT 26.IM
ATTENTION NOTARY: Although the information requested
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of
the undersigned Notary Public, personally appeared
❑ personally known to me
1999, before me,
Xf proved to me on the basis of satisfactory evidence
jto be the person(s) whose name(s) fs subscribed to the
within instrument, and acknowledged that --h-el—executed it.
WITNESS my hand and official seal.
Number of Pages
,t CWId
Date of Document
Signer(s) Other Than Named Above
-5-
EXHIBIT "C"
this Certificate to another document.
CONDITIONS FOR COMPLETION OF IMPROVEMENTS
• P.O. Box 7184 • CUMP P"h, CA 913N.71H
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. 30535.
B. Grading operations shall commence within fourteen (14) calendar days after issuance
of Grading Permit No. 30535.
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. Except as specified in "F" below, suspension in excess of twenty (20) working days of
work authorized by Grading Permit No. 30535, including erosion -control measures
and landscaping and irrigation, shall constitute default of this agreement.
D. 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.
E. Contractor shall control dust to satisfaction of Building Official or his deputy.
During grading, Contractor shall keep water truck on site and dampen work area,
grounds, and loaded trucks.
F. Grading operations suspended during the rainy season shall be resumed no later than
15 days from date of suspension.
G. 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.
H. All work shall be performed in strict observation of the Hours of Operation in
accordance with San Juan Capistrano Municipal Code Section 8-107.
I. Contractor shall adhere to conditions of haul route permit and encroachment permit
issued by the City Engineer.
i
November 12, 1993
�,�/ ia,eoaMuo
1776
Larry H. Parker
#5 Strawberry Lane
San Juan Capistrano, CA 92675
MEMBERS OF THE CITY COUNCIL
OOLLENE CAMPBELL
GARY L. HAUSOORFER
OIL JONES
CAROLYN NASH
JEFFVASOUEZ
CITY MANAGER
GEORGESCARBOROUGH
Re: Release of Statutory Performance Bond - Security for
Improvements for Property Located at #5 Strawberry Lane, San
Juan Capistrano
Dear Mr. Parker:
Attached is a certified copy of Statutory Performance Bond No. TPI
2713621, in the amount of $10,000.00. Said surety was given to the
City as security for improvements on property located at #5
Strawberry Lane, San Juan Capistrano (Parcel #3 of Parcel Map
32/18). Work has been completed to the satisfaction of the City
of San Juan Capistrano and the Statutory Performance Bond is hereby
released effective November 10, 1993.
If you have any questions, please do not hesitate to call.
Very
�trr'u}l�y yours,
Dawn M. Schanderl
Deputy City Clerk
Attachment
cc: Daniel W. McFarland, Building & Safety Manager
Transamerica Premier Insurance Company
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
i
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
0
I, DAWN M. SCHANDERL, Deputy City Clerk of the City of
San Juan Capistrano, California, DO HERESY CERTIFY that the
attached is a true and correct copy of the following document:
1. Statutory Performance Bond No. TPI 2713621 dated
September 17, 1992, in the amount of $10,000.00,
regarding improvements to property located at #5
Strawberry Lane, San Juan Capistrano, Parcel 3 of Parcel
Map 32/18 (Parker)
(SEAL)
Dawn M. Schanderl, Deputy/ Cify Cl
STATUTORY PERFOPOWCE BOND Bond No. TPI 2713621
KNOW ALL MEN BY THESE PRESENTS, that Larry H. Parker
as Principal, hereinafter called
CONTRACTOR, and Transamerica Premier 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 TEN THOUSAND AND NO/100--_ -.Dollars
(S10,o00.Oo---) for payment whereof Contractor and Surety bind them-
selves, their hairs, executors, administrators, successors, and
assigns, jointly and severally, fairly by these presents.
WHEREAS, Contractor is required to provide a faithful per-
formance bond pursuant to the statutory requirements of the San Juan
Capistrano Municipal Code to guarantee certain work, more particularly
described as follows:
* 5 Strawberry Lane, San Juan Capistrano, CA
Restore Strawberry Lane to existing condition to the Satisfaction of the
Building Department *(aka 30552 Strawberry Lane)
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,
RELEASED
DATE //-/0- - 93
INITIALS ?/IQj
0 0
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 cbligations or this bond, and it does
hereby waive notice of any such change, extension of time, alteration
or modifications, or of the work to be performed thereunder.
Executed this 17th day of September 19 92 at
Orange California.
APPROVED AS TO FORM.
John R. Shaw
City Attorney
0
page 2 - STATUTORY PERFORKANCE GOND
PRM I
H.
Title
(NOTARIZATION AND SEAL)
SURETY
Transamerica Premier Insurance Company
ey
Title Les M. Mantle, Attorney in Fact
(NOTARIZATION AND SEAL)
GENERAL ACKNOWLEDGMENT
State of California On this the 17th day of September ig 92 before me,
County of Orange �SS. Mary P. Martignoni
the undersigned Notary Public, personally appeared
Larry H. Parker
U Mary P. Martignon'X personally known tome
Comm. 9934597 9Elproved tome on the basis of satisfactory evidence
NOTARY PUBLIC CAL! FORN1A5) to be the person(s) whose name(s) is subscribed to the
`S ORANGE COUNTY l! he
MY COmm. ExgireS Aug. 11, 1995• within instrument, and acknowledged that executed it.
WITNESS my hand and official seal.
7110 le,
NO, 201
NATIONAL NOTARY ASSOCIATION • 23012 Venture BNd. a P.O. Roo 4625 • woodland HINA CA 91365-4625
STATE OF California /
/ ss:
County of Orange /
On this 17th gay of September 19 92 , before me
Mary P. Martignoni ,aNotary Public,
personally appeared Les M. Mantle personally known to me (or proved to me on the
basis of satisfactory evidence) to be the Attorney -in -Fact of the Transamerica Premier Insurance
Company and acknowledged to me that he subscribed the name of the Transamerica Premier Insurance
Company thereto and his own name as Attorney -in -Fact.
Mary P. Ma 5 i? t
Comm. /9344597 97 G) Notar Publi and
*MY
NOTARY PUBLIC CALIFORNIMY far the County of
ORANGE COUNTY %I
COMM. ExgBes Aug. 11, 1995" Orange , State of California
30272 3.85
0 0
TRANSAMERICA Transamerica Premier Insurance Company General Power of Attorney
SPECIALTY INSURANCE Administrative Office: Orange, California
GPA 3540
Paver Or Attorney valid only if numbered in red.
Know All Men by These Presents, That Transamerica Premier Insurance Company, a corporation duly organized and existing under the laws of
the State of California, and having its administrative office in Orange, Orange County, California, does by these presents make, constitute and appoint
T.F.G M- MANTT.F
of FULLERTON and State of CALIFORNIA its true
and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver
"THIS POWER OF ATTORNEY SHALL TERMINATE AND BE
OF NO FURTHER EFFECT AFTER DECEMBER 31. 1993"
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises.
Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of the Transamerica Premier Insurance
Company, at a meeting held on the 12th day of June, 1984.
"Be It Resolved, that the President, any Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power
and authority to appoint any or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject
to the following provisions:
"Section 1. Attorney -in -Fact. Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to
execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity, consents of surety and other conditional
or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such
instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and attested
by the Corporate Secretary."
In Witness Whereof, Transamerica Premier Insurance Company has caused these presents to be signed by its VICE PRESIDENT
and its corporate seal to be hereto affixed this 31ST day of
OCTOBERA.D., 19 91 "n''1R i;��j,�
,v?
4v h
z ttCO^DR TED n'
` _.4 '
State of California 1 JULY 1,
} ss.:
County of Orange
L'1
TRANS�A'MEEE ICA PREMIER INSURANC PAN*
\UFORNia ..f
On this 31ST day of OCT617r
in the year 1991 before me
CAROLYN A. AVANZINO
, a notary public, personally appeared
ELAINE STEVENS
personally known to me to be the person who
executed the within instrument as VICE PRESIDENT
on behalf of the corporation therein named and
acknowledged to me thatut4? ppripA49nt!4f! r
GFr!C!;, SU",L
��1
1
r -
/I ry Public
lFe 5, 1
ly i.c!,:nTISSiun Ezphe:. Februa!y I5, i994 =
1, the undersigned SecreZa�!u ! In! amen a u ier In a once wale \(1*tocr\21
g y �� �ransamenc� �remier Insurance �ompany hereby certify that the above and foregoing is a full, true a
ct copy
of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect
And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the authority of
the following resolution adopted by the Board of Directors of the Transamerica Premier Insurance Company at a meeting duly called and held on
the 12th of June, 1984, and that said resolution has not been amended or repealed:
"Resolved, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of the Corporation, may be affixed
or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile signature and seal shall be
valid and binding upon this Corporation."
GIVEN under my hand and the seal of said Company, this 17th day of September
19 92
THIS POWER OF ATTORNEY EFFECTIVE ONLY IF
ATTACHED TO BOND NO. TPI 2713621
ot- It A C /?- -
Secretary
30024B 5-88
MEMORANDUM November 10, 1993
TO: Dawn Schanderl, Deputy City Clerk
FROM: Daniel W. McFarland, Building & Safety Manager
Department of Engineering and Building
SUBJECT: Bond Release for Larry H. Parker, #5 Strawberry Lane
Bond No. TPI 2713621, Transamerica Premier Insurance Company
This memo serves as authorization to release the referenced bond No. TPI 2713621 in the
amount of $10,000.00 for certain improvements at #5 Strawberry Lane. All work
covered by this bond has been completed to the satisfaction of the Building Division.
DM/st
cc: Building File
0
October 15, 1993
2,(�� Iltlllllall
Itumsw 1961
1776
Mr. Larry Parker
5 Strawberry Lane
San Juan Capistrano, California 92675
Re: Release of Performance Bond - 5 Strawberry Lane
Dear Mr. Parker:
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
GARY L. HAUSDORFER
GIL JONES
CAROLYN NASH
JEFF VASOUEZ
CITY MANAGER
GEORGE SCARBOROUGH
Enclosed is a certified copy of the following bond held as surety for the grading, drainage
and on-site improvements at No. 5 Strawberry Lane:
PURPOSE
AMOUNT
Statutory Performance Bond $152,855
No. TPI 2713620
The Statutory Performance Bond is hereby released effective October 15, 1993, as
authorized by the Building and Safety Manager.
If you have any questions, please do not hesitate to call.
Very truly yours,
Ve�
C � z�- 99kx�xy
Cheryl Johnson
City Clerk
Enclosure
cc: Director of Engineering and Building
Daniel W. McFarland
Lesron Insurance Agency
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 498-1171
0 0
STATE OF CALIFORNIA )
COUNTY OF ORANGE )ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the attached is a true and correct copy of the
following document:
Statutory Performance Bond No. TPI 2713620 dated September 17, 1992, in the
amount of $152,855 for grading, drainage and on-site improvements at No. 5
Strawberry Lane, San Juan Capistrano (Larry H. Parker).
(SEAL)
i.r rK Y L JUNtNSU(v; CITY CLERK
San Juan Capistrano, California
Dated this 15th day of October 1993.
RELEASED
• Exhibit '
DATE /O Cf STATUTORY PERFORMANCE FOND
Bond No. TPI 2713620
INITIALS
KNOW ALL MEN 8Y THESE PRESENTi, that Lang H. Parker
, as Principal, hereinafter called
CONTRACTOR, and Transamerica Premier 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 ONE HUNDRED FIFTY TWO THOUSAND EIGHT HUNDRED FIFTY FIVEDol lard
($152,855.00 ) for payment whereof Contractor and Surety bind them-
selves, their heirs, executors, administrators, successors, and
assigns, jointly and severally, fairly by these presents.
WHEREAS, Contractor is required to provide a fai =ful per-
formance bond pursuant to the statutory requirements of the San Juan
Capistrano Municipal Code to guarantee certain work, more particularly
described as follows.. Grading at Parcel 3 of Parcel Nap 32/18
5 Strawberry Lane, San Juan Capistrano, CA
(aka 30552 Strawberry Laap)
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 is the event of default.
BE IT PURTRER RESOLVED, that:
1. An 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,
9
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 cbligations or this bond, and it does
hereby waive Aotiee of any such change, extension of time, alteration
or modifications, or of the work to be performed thereunder.
Executed this lith day of September , 19 92 at
Orange Califora.ia.
APPROVED AS TO FORM.
John R. Shaw
City Attorney
Page 2 - STATUTORY PERFORMANCE BOND
(NOTARIZATION AND SEAL)
SURETY
Transamerica Premier Insurance CoTpany
BY
-- k�/ /
Title STEPHEN C. KOLB
(NOTARIZATION AND SEAL)
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,
GENERAL ACKNOWLEDGMENT
State of California On this the 17th day of September 19—L7, before me,
County of Orange ISS. Mary P. Hartignoni
the undersigned Notary Public, personally appeared
Larry H. Parker
MaryP. Martignoni? m personally known to me
Comm. pg34597 ❑ proved to me on the basis of satisfactory evidence
C es NOTARY PUBLIC CAL IFOgNIq,17 to be the persons) whose names) is subscribed to the
GORANGE COUNTY l/
MY Comm. Expeea Aug. 11, 1995" within instrument, and acknowledged that he executed it.
WITNESS my hand and official seal. _
Notary's
NO. 261
mo I= NATIONAL NOTARY ASSOCIATION • 23012 Venture BIW. • PO. Box 4625 a Woodland Nllla CA 91365.4625
STA TE OF CALIFORNIA
) ss:
County of ORANGE )
On this 17th a SEPTEMBER
day of 19 92 ,before me
SUSAN TOGINO , allotary Public,
personally appeared STEPHEN (7- KQLB personally known to me (or proved to me on the
basis of satisfactory evidence) to be the Attorney -in -Fact of the Transamerica Premier Insurance
Company and acknowledged to me that he subscribed the name of the Transamerica Premier Insurance
Company thereto and his own name as Attorney -in -Fact-
`. % r ' SIISAN'=No
Nntary Puh!ir. - California Notary Public i/ d jor the County of
1 ORANGE COUNTY
l #Ay Comm. Exp. June 23, 1995 ORANGE CALIFORNIA
State of
?age 2 - STATUTORY PERFORMANCE BOND
1 RANSAMEMIZA
Tramammn Premier 4isncantt Company
SPEC,'IALTY 1N URANCE Admoa Uve Office:Oranlgc, Califon General Power of Artomev
Know All Men by These Presents. That Transamerica Premier Insurance Company, a corporation duly organded and existing under the laws of
the State of California. and having its administrative office in Orange, Orange County. California. does by these presents make, constitute and appoint
of ORANCP and State of Cat TPORNTA Its true
and lawful Attomeyishin-Fact. with full power and authority hereby conferred in its name, place and stead. to execute. acknowledge and deliver
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President. Seated with the corporate
seal of the Company and tluly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises.
Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of the Transamerica Premier Insurance
Company, at a meeting held on the 12th day of June, 1984.
"Be It Resolved. that the President, any Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power
and authority to appoint any or more suitable persons as Attomey(s)-in-Fact to represent and act tar and on behalf of the Company subject
to the following provisions:
"Section t. Attomey-in-Fact. Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the C oany, to
execute, acknowledge and deliver, any and all bonds, recogn¢ances. contracts, agreements of indemnity, consents of surety and other conditional
or -obfgatoryundertakings and arry and a I notices and dowmerils cancefinq or terminating the Company's liability thereunder, and any such
instruments so executed by any such Attorney -in -Fact shall be binding upon the Comparry as if signed by the President and seated and attested
by the Corporate Secretary."
In Witness Whereof. Transamerica Premier insurance
JANUARY A.D., 19 92 i
i
� f
State of California l .—
County of Orange
1 ss.:
CACIFORIA0
caused these presents to be signed by its VICE PRESIDENT
sand its corporate seal to be hereto affixed this 21ST day of
o TRANSAMERICA PREMIER INSUR COMPANY
�BY( li
On this 21ST day of JANUARY
in the year 1 og? , before me
CAROLYN A. AVANZINO
a notary public, personally appeared
ELAINE STEVENS
personally known to me to be the person who
executed the within instrumhent as VICE PRESIDENT
on behalf al the corporation therein named and
acknowledged to me iria,��gI RwRRro9n, R�rffTT
:4rI I III IIIIII II I I I II II lin t-
,. OFFICIAL SEAL
CAROLYN A. AVANZINO =
\ 1
=;w.1{' NOTARYPUBLIC-CALIFORNIA_
_ �yy PRMCIPALOFFICEIty =
r
otaPublic
—
y
My Commission Expires February 15, 1994
1II1111111111111 ill IIIIIIIIIIItiII IIIIIIIIIIIIII111111111111�
I, the undersigned Secretary of Transamerica Premier Insurance Company hereby certify that the above and foregoing Is a full, true and correct copy
of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect.
Ana I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile unaer and by the authority of
the following restitution adopted by the Board of Directors of the Transamerica Premier Insurance Company at a meeting duty called and held on
the 12th of June. 1984, and that said resolution has not been ametoed or repealed:
"Resolved. that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of the Corporation, may be affixed
or printed by facsimile to any certificate to a Power of Attorney of this Corporation. and that such printed tacsimtte signature and seat Shall be
valid and bm0ing upon this Corporation.'
GIVEN under my nano and the seal of said Company.
t9 92
THIS POWER OF ATTORNEY EFFECTITE ONLY IF
ATTACHED TO SONO NO. TPI 2713620
LARRY H. PARKER
7th Gay of SEPTQQER
Se mtary
300248 B-90
E
October 15, 1993
0
MEMORANDUM
TO: Dawn Schanderl, Deputy City Clerk
FROM: Daniel W. McFarland, Building & Safety Manager
SUBJECT: Bond Release for Larry H. Parker, No. 5 Strawberry Lane
This memorandum serves as authorization to release the bond posted for grading,
drainage, and on site improvements at No. 5 Strawberry Lane. Bond No. TPI 2713620,
attached, by Transamerica Premier Insurance Company in the amount of $152,855 should
be released totally. All work covered by this bond has been completed to the satisfaction
of the Building Division.
DWM/hs
attachment
cc: Building File
119.18; 92 18:25$ 7 J O_ C�Ou:
7 Q
f
AI ALX
lc i2
;-=
THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO,
a municipal corporation, hereinafter referred to as the "City" and Larry H. Parker,
referred to as "Developer".
WITNESSETH
WHEREAS, City will issue Grading Permit No.30535 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 #5 Strawberry Lane (aka 30552 Strawberry Lane),
San Juan Capistrano, California, commonly referred to as Parcel #3 of Parcel Map 32/18.
WHEREAS, San Juan Capistrano Municipal Code 8-2.05 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 8-2.06 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:
1. 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 $152,855.00 for that work described in
Exhibit "A". This security of $152,855.00 shall also serve as security for restoration of
the site. A copy of the surety instrument, as approved by the City Attorney, is attached
as Exhibit "D".
3. Completion of Improvements. 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".
-1-
9 0
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 8-2.06 allows
the City to require bonding a security to ensure against adverse aesthetic impacts arising
from incompleted 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:
1. Dismantle and/or demolish improvements;
2. Grade property to its original contours as shown on the grading plan
referred to in Exhibit "A";
3. Remove all debris and construction materials from the site; and
4. Install erosion control, including hydroseeding, to the satisfaction of the
Building Official.
6. Attorney's Fees. Developer agrees to pay City such sum as the court may
adjudge as reasonable for the legal services of an attorney representing 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
any and all claims, demands, causes of action, liability or loss
arising out of, the acts or omissions of Developer, his contract
or employees in the performance of this agreement.
-2-
employees harmless from
of any sort because of, or
or, subcontractors, agents
In Witness Whereof, the parties have executed this agreement as
of19 _fZ at San Juan Capistrano, California.
Approved as to Form:
By: John Shaw
City Attorney
C' of San Juan Ca istrano
B8 e W. McF nand
Building Official
Principal(s) lJ
By:
Title:
By:
Title:
By:
Title:
-3-
0 0
INDIVIDUAL ACKNOWLEDGMENT
State of 4 �[ rn I �- On this the 49day ofIlT TP m b le r— 195Q--, before me
County of .
�1 SS. L LA 3- h h e G. L e h rYN r^ rN ------
//YAnQ Pi -- a
the undersigned Notary Public, personally appeared
ATTENTION NOTARY: AnhojW the ntormatxxl requested below a OPTIONAL, it coW prevent trauduent attachment of the certificate to a thm document
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of Documen
104, IV
Number of Pages — Date of Document
Signer(s) Other Than Named Above
Pelt CA 01701-7104
r
OFFICIALENO�TARYEALLYNNETTNN
❑ personally known tome
No ^"-Xproved
ORANGE
to me on the basis of satisfactory evidence
Ny Comm, ESS,19P6
to be the person(s) whose name(s) subscnbed to the
within instrument, and acknowledged that --Uexecuted it.
WITNESS my hand and official seal.
ATTENTION NOTARY: AnhojW the ntormatxxl requested below a OPTIONAL, it coW prevent trauduent attachment of the certificate to a thm document
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of Documen
104, IV
Number of Pages — Date of Document
Signer(s) Other Than Named Above
Pelt CA 01701-7104
0 0
EXHIBIT "A"
LARRY H. PARKER RESIDENCE
ITEM 1: Construction of all on-site grading (cut, fill and slope stabilization) operations
in accordance with Grading Permit No. 30535 and the Developer's plans and
supporting documents as listed below:
(A) Grading Plan for #5 Strawberry Lane, San Juan Capistrano, CA 92675
prepared by Toal Engineering, Ray Toal, Engineer, RCE No. 16889 and
dated 8/25/92.
(B) Geotechnical Report for #5 Strawberry Lane, San Juan Capistrano, CA
92675 prepared by Bogseth and Herrington b: Associates, Engineer Paul
Bogseth, No. 1153 and dated 8/26/92.
ITEM 2: Construction of all on-site improvements in accordance with Grading Permit
No. 30535 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 City Engineer.
ITEM 3: Construction and placement of landscaping and irrigation in accordance with
approved plans for #5 Strawberry Lane, San Juan Capistrano, CA 92675, as
included in the above plans.
-4-
0
EXHIBIT "B"
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Completion Date Task
10/15/92 Rough Grade Certification
11/5/92 Landscape Irrigation
11/5/92 Landscape Planting
-5-
0
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. 30535.
B. Grading operations shall commence within fourteen (14) calendar days after issuance
of Grading Permit No. 30535.
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. Except as specified in "F" below, suspension in excess of twenty (20) working days of
work authorized by Grading Permit No. 30535, including erosion -control measures
and landscaping and irrigation, shall constitute default of this agreement.
D. 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.
E. Contractor shall control dust to satisfaction of Building Official or his deputy.
During grading, Contractor shall keep water truck on site and dampen work area,
grounds, and loaded trucks.
F. Grading operations suspended during the rainy season shall be resumed no later than
15 days from date of suspension.
G. 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.
H. All work shall be performed in strict observation of the Hours of Operation in
accordance with San Juan Capistrano Municipal Code Section 8-107.
I. Contractor shall adhere to conditions of haul route permit and encroachment permit
issued by the City Engineer.
TO
09 14 92 15::.3 /$ •
Rda�7�
s,ev--r1q J,4 ,
O,A,Ll
26L•
Kj
6L"L O*Ipe ;�� ))
p
,moi ro&
_ Exhibit "D"
STATUTORY PERFORMANCE BOND
Bond No. TPI 2713620
KNOW ALL MEN BY THESE PRESENTS, that Larry H. Parker
, as Principal, hereinafter called
CONTRACTOR, and Transamerica Premier 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 mount of ONE HUNDRED FIFTY TWO THOUSAND EIGHT HUNDRED FIFTY FIVEDOl Lars
($152,855.00—) for payment whereof Contractor and Surety bind them-
selves, their heirs, executors, administrators, successors, and
assigns, jointly and severally, fairly by these presents.
WHEREAS, Contractor is required to provide a faithful per-
formance bond pursuant to the statutory requirements of the San Juan
Capistrano Municipal Code to guarantee certain work, more particularly
described as follows.. Grading at Parcel 3 of Parcel Map 32/18
5 Strawberry Lane, San Juan Capistrano, CA
(aka 30552 Strawberry Tani)
NOW, THEREFORE, the condition of this obligation is such that,
if Principal shall promptly and faithfully perform said statutory
obligation, then this obligation shall be null and void; otherwise
it shall remain in full force and effect. Surety waives whatever
legal right it may have to require that a demand be made first against
the Principal in the event of default.
B$ IT FURTSER 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 cbligations or this bond, and it does
hereby waive notice of any such change, extension of time, alteration
or modifications, or of the work to be performed thereunder.
Executed this 17th day of September , 19 92 at
Orange Califor:.ia.
APPROVED AS TO FORM.
John R. Shaw
City Attorney
Page 2 - STATUTORY PZRFOPARNCB HOND
(NOTARIZATION AND SEAL)
SURETY
Transamerica Premier Insurance C any
Title STEPHEN C. KOLB
(NOTARIZATION AND SCALL
,NERAL ACKNOWLEDGMENT
State of California I
County of
Orange SS.
Mary P. Martignonil
Comm. X597
NOTARY PUIRUC CALIFORNI
22t
%Aw
ORANGE COUNTY 11
Aly Comm. Expires Aug, it. 1995"
On this the 17th day of September 192-2— before me,
Mary P. Martignoni
the undersigned Notary Public, personally appeared
H. Parker
El personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the personis) whose namefs) is subscribed to the
within instrument, and acknowledged that he executed it.
WITNESS my hand and official seal.
NO mi
�[[ NATIONAL NOTARY ASSOCIATION • 23012 VdntuneNd. • PO edx4625 • woodland Hift CA 91365.4625
STATE OF CALIFORNIA
i ss:
County of ORANGE
On this 17th aSEPTEMBER 92
y°f t9 , before me
SUSAN TOGINO , a Notary Public,
personally appeared cTRPNFN C- !tB personally known tome for proved tome on the
basis of satisfactory evidence) to be the Attorney -in -Fact of the Transamerica Premier Insurance
Company and acknowledged to me that he subscribed the name of the Transamerica Premier Insurance
Company thereto and his own name as Attorney -in -Fact.
-- F;:
OFFICIAL SIAL •�
SUSAN TOGINO 0
Notary Public - California Notary Public i d for the County of
j ORANGE COUNTY
My COMM. Exp. June 23, 1995 ORANGE CALIFORNIA
,Stateoj
40 y
RELEASAn
•
in
Exhibit .'D"
DATE /0 STATUTORY PERFORMANCE BOND
�- Bond No. TPI 2713620
INITIALS
KNOW ALL MEN BY THESE PRESENTS, that Larry H. Parker
, as Principal, hereinafter called
CONTRACTOR, and Transamerica Premier 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 ONE HUNDRED FIFTY TWO THOUSAND EIGHT HUNDRED FIFTY FIVEDol lars
($152,855.00---) for payment whereof Contractor and Surety bind them-
selves, their hairs, executors, administrators, successors, and
assigns, jointly and severally, fairly by these presents.
WHEREAS, Contractor is required to provide a faithful per-
formance bond pursuant to the statutory requirements of the San Juan
Capistrano Municipal Code to guarantee certain work, more particularly
described as follows: Grading at Parcel 3 of Parcel Na2 32/18
5 Strawberry Lane, San Juan Capistrano, CA
(aka 30552 Strawberry Lang)
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 voids otherwise
it shall remain in full force and affect, 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 FURTIMR RESOLV'BD, 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,
• TRANSAMERICA Tran cni Premier hu==ce Company
SPECIALTY INSURANCE Acirmru ssarnvc Office: Orange, Califon
General Power of Attorney
Know All Men by These Presents, That Transamerica Premier Insurance Company, a corporation duly organ¢ed and existing under the laws of
the State of California. and having Its administrative office in Orange, Orange County, California. does by these presents make, constitute arta appoint
•l1Yoi3' � . �
of ORANQF and State of CALIFORNTA its true
and lawful Attomey(s)-in-Fact, with lull power and authority hereoy conferred in its name. place and stead. to execute, acknowledge and deliver
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal o1 the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises.
Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of the Transamerica Premier Insurance
Company, at a meeting held on the 12th day of June. 1984.
"Be It Resolved, that the President, any Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power
and authority to appoint any or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject
to the following provisions:
"Section 1. Attomey-in-Fact. Attomey-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to
execute, acknowledge and deliver, any and all bonds, recogn¢arlces, contracts, agreements of indemnity, consents of surety and other conditional
of obligatory undertakings and arty and aR notices and documents canceling or temunating the Cortgany's liability thereunder, and arty such
instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and attested
by the Corporate Secretary."
In Witness Whereof. Transamerica Premier
JANUARY A.D., 19 9
State of California
ss.:
County of Orange
caused these presents to be signed by its VICE PRESIDENT
Viand its corporate seal to be hereto affixed this 21ST day of
CALIFORNtp
TRANSAMERICA PREMIER INSUR COMPANY'
By
On this 21ST day of JANUARY
in the year 1992 , before me
CAROLYN A. AVANZINO
, a notary public, personally appeared
ELAINE STEVENS
personally known to me to be the person who
executed the within instrument as VICE PRESIDENT
on behalf of the corporation therein named and
acknowledged to me tha,�hglfi4(R4Y�lf4fliirfffrHSi}llilnnulniinnunllul�
_ ,w •.,, OFFICIALSEAL
_%J CAROLYN A. AVANZINO
NOTARY PUBLIC-CALIFOP,NIA_
—�' P OIV —
otary Public
ORANGE COUNTY
My Commission Expires February 15, 1994 FE
Snunlunnannnullunnnunnnuunuuuuun�
I, the undersigned Secretary of Transamerica Premier Insurance Company hereby certify that the above and foregoing is a full, true and correct copy
of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect.
And 1 do hereby further certify that the Certification of this Power of Attomey is signed and sealed by facsimite under and by the authority of
the following resolution adopted by the Board of Directors of the Transamerica Premier Insurance Company at a meeting duty called and held on
the 12th of June. 1984, and that said resolution has not been Tmehded or repealed:
"Resolved. that the sionature of the Secretary or any Assistant Secretary of this Corporation. and the seal of the Corporation, may be affixed
or Primed by facsimile to any certficate to a Power of Attorney of this Corporation. and that such printed facsimile signature and seal shall be
valid and binding upon this Corporation."
GIVEN under my nand and the seal of said Company, this 17th day of SEPTEMBER
19 92
THIS POWER OF ATTORNEY EFFECTR'E ONLY IF
ATTACHED TO SONO NO. TPI 2713620
LARRY H. PARKER
ot, /� ( C /Z�
Secretary
300248 B-90
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 cbligations or this bond, and it does
hereby waive notice of any such change, extension of time, alteration
or modifications, or of the work to be performed thereunder.
gxecuted this 17th day of September 19 92 at
Orange Califor=ia-
APPROVED AS TO FORM.
John R. Shaw
City Attorney
(NOTARIZATION AND SEAL)
SURETY
Transamerica P emier Insurance C any
By ) —
Title STEPHEN C. KOLB
(NOTARIZATION AND SEAL)
Page 2 - STATUTORY PERFORMANCE BOND
STATE OF CALIFORNIA )
ss:
County of ORANGE )
On this 17th tay Of
TOGINO
SEPTEMBER
92 , before me
, a Notary Public,
personally appeared STEPHEN C. KOLB personally known to me for proved to me on the
basis of satisfactory evidence) to be the Attorney -in -Fact of the Transamerica Premier Insurance
Company and acknowledged to me that he subscribed the name of the Transamerica Premier Insurance
Company thereto and his own name as Attorney -in -Fact. A
0FPIClAL SAI ,
SIISAPI7OGIN() �� /I-� 10
Notary Pablic - California Notary Public irk d for the County of
ORANGE COUNTY
My Comm. Exp. June 23, 1995
GENERAL ACKNOWLEDGMENT
State of California
Orange I SS.
County of S
Mary P. Martignoni;
Comm. 7!934597
Q �® p "'NOigRV PUBLIC CALIFORNtq��
G ORANOE COUNTY l/
My Comm. Expires Ao9. 11, t995'i
ORANGE
State of
CALIFORNIA
On this the 17th day of September t9 92 before me,
Mary P. Martignoni ,
the undersigned Notary Public, personally appeared
Larry H. Parker
%] personally known tome
❑ proved tome on the basis of satisfactory evidence
to be the person(s) whose name(s) is subscribed to the
within instrument, and acknowledged that he executed it.
WITNESS my hand and official seal. _
Notary's
NO. 201
7110 12[ NATIONAL NOTARY ASSOCIATION . 23012 V.n1U. BIW.. PO. Box 4625 . Woodland HIIIA CA 91365-4625