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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". -1- 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