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1989-0903_PASEO CAPISTRANO ASSOCIATES_Surety Agreement0 0 THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation, hereinafter referred to as the "City" and Paseo Capistrano Associates*, a (General Partnership, Limited Partnership, California Corporation etc.) hereinafter referred to as "Developer". * A Joint Venture. WITNESSETH WHEREAS, City will issue Grading Permit No. 10750B 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 33136 Miguelito, commonly referred to as Paseo Capistrano Home Furnishings Center. WHEREAS, San Juan Capistrano Municipal Code 8-3.05 requires the posting of financial security to secure the faithful performance and labor and materials for the grading and installation of improvements connected with issuance of grading permits; WHEREAS, San Juan Capistrano Municipal Code 8-3.06 authorizes the Building Official to require additional bonding as security to ensure against adverse aesthetic impacts arising from incomplete grading and/or improvements from development projects which have not been completed. WHEREAS, the Building Official finds that the proposed project site is highly prominent and visible to the community, has unique topographic features or involves substantial grading of slope areas. NOW, THEREFORE, in consideration of the premises and promises hereinafter contained, City and Developer agree as follows: 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 1) letter of credit, 2) a bond by a duly authorized corporate surety, 3) a passbook savings account, 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 $234,790.00 for that work described in Exhibit "A". This security of $234,790.00 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 "Du • 0 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". 4. Developer Default. In the event Developer does not complete the required improvements, including erosion -control measures within the time required, or abandons the project site, or suspends work for more than twenty working days other than previously prescribed, City shall have the right to immediately declare a default and to make demand on the surety for performance. 5. Restoration of Site. San Juan Capistrano Municipal Code Section 8-3.06 allows the City to require bonding 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 flees. 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 or loss of any sort because of, or arising out of, the acts or omissions of Developer, his contractor, subcontractors, agents or employees in the performance of this agreement. 0 0 In Witness Whereof, the parties have executed this agreement as of September 13, 1989, at San Juan Capistrano, California. By: Brent R. Ogden,Jr. Title: President Harbor Pacific Development Company,Partner Approved as to Form: Q 4 ---- John Shaw City Attorney City ppof San Juan Capistrano By: CJ-+-� L Elaine Martinez Building Official U STATE OF CALIFORNIA ss. COUNTY OF ORANGE 0 On this 14� day of �E( �1V�R in the year 118 q , before me, Lisa Custer , a rotary public in the state of California, S.county tofrr,,DD Orange, personally appeared lur—' T • ®6peIV* d' , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within as Pe Ps i De/WT or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. WITNESS MY HAND AND OFFICIAL SEAL. n OMCIAL SEAL V fUow NOToyru"•GliOR M c OWW cm La smi2 Lisa Custer M'Camn Ewies luM Z3. 1193-1 f 93 i EXHIBIT "A" PASEO CAPISTRANO RETAIL ITEM 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in accordance with Grading Permit 10750-B and the Developer's plans and supporting documents as listed below: (A) Grading Plan for Johnson/Yu prepared by BOYER ENGINEERING, #13542, Dated March 31, 1993 exp. (B) Geotechnical Report dated April 28, 1988, prepared by APPLIED GEOTECHNICAL ENGINEERING, INC., #00919 dated September 30, 1989 exp. ITEM 2: Construction of all on-site improvements in accordance with Grading Permit No. 10750-B 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 of foundations and buildings in accordance with Building Permit Nos. (to be issued at later date) the building plans for Johnson/Yu by Marcia Weston Whitfield. ITEM 4: Construction and placement of landscaping and irrigation in accordance with approved plans for Johnson/Yu by Erickson-Peters-Thomby #1726 dated March 2, 1990 as included in the above plans. ITEM 5: Restoration Plan for Johnson/Yu consisting of above referenced grading plans including all on-site improvements sheet prepared by BOYER ENGINEERING, dated March 31, 1993 exp. 0 i EXHIBIT "B" SCHEDULE FOR COMPLETION OF IMPROVEMENTS Based on a starting Date of September 15, 1989 Completion Date September 29, 1989 October 18, 1989 January 4, 1990 January 7, 1990 December 27, 1989 January 1, 1990 April 20, 1990 April 20, 1990 April 20, 1990 March 20, 1990 April 10, 1990 April 1, 1990 April 15, 1990 Task Rough Grade Certification Foundation Rough Plumbing Rough Electric Structural Framing Structural Final Mechanical Final Plumbing Final Electrical Final Onsite Curb and Gutter Onsite Paving Landscape Irrigation Landscape Planting 0 EXHIBIT "C" i 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. 10750-B. B. Grading operations shall commence within fourteen (14) calendar days after issuance of Grading Permit No. 10750-B and no later than October 10, 1989, whichever comes first. Winter grading will be conducted in strict accordance with the dynamic erosion - control plan submitted by the developer, and approved by the City. This erosion - control plan reflects erosion mitigation measures for expected grading conditions as the work progresses through the winter season and shall not be amended except with the permission of the City. In the event Developer does not wish to implement winter grading, or permission for winter grading is rescinded, static erosion -control plans reflecting current conditions of grading shall be submitted within ten (10) days of cessation of work. These plans shall include erosion -control planting as required by the City. C. A sequence plan of grading operations shall be approved by the City prior to the issuance of any grading permit for this project. Any variation or deviation in the sequence of operations must be recommended, in writing, by the supervising civil and soils engineers and approved by the Building Official prior to performing any work related to the variation or deviation. D. Suspension in excess of twenty (20) working days of work authorized by Grading Permit 10750E including erosion -control measures and landscaping and irrigation, shall constitute default of this agreement. E. The supervising civil engineer and soils engineer shall file biweekly progress reports of all grading operations with the Building Official. An interim compaction report, for that work completed at the time work is suspended for the rainy season (see F below), shall be filed with the Building Official. This interim report shall conform to the grading code requirements for Final Compaction Reports. F. Contractor shall control dust to satisfaction of Building Official or his deputy. During grading, Contractor shall keep water truck on site and dampen work area, grounds, and loaded trucks. G. Grading operations suspended during the rainy season shall be resumed no later than October 15, 1989. H. Developer shall provide approved on-site archaeological monitor during all phases of grading and foundation excavation. 0 . I. Developer shall provide approved Native American monitor during all phases of grading and foundation excavation. J. Developer shall provide approved Paleontologist to monitor all phases of grading and foundation excavation. K. Installation of Final Erosion -Control Landscaping and Irrigation shall be commenced within seven (7) calendar days after Rough Grade Certification has been approved by the Building Official. L. All work shall be performed in strict observation of the Hours of Operation in accordance with San Juan Capistrano Municipal Code Section 8-107. M. All trees which have been identified for preservation shall be protected in place in accordance with the Comprehensive Development Plan. N. Contractor shall adhere to conditions of haul route permit and encroachment permit issued by the City Engineer. O. Parking for construction crew is to be on site. P. Construction and grading equipment traffic shall take access from Camino Capistrano via San Juan Creek Road No heavy equipment traffic will be permitted on Ortega Highway. Developer shall provide all traffic control measures as required for safe vehicular movement and shall secure an encroachment (haul -route) permit from Public Works prior to issuance of the grading permit. 0 July 13, 1992 American Motorists Insurance Company Long Grove, IL 60049 RE: Release of Bonds - Dear Gentlemen: dwon - IALop II l IIto III ItIIXfo 1961 1776 MEMBERS OF THE CITY COUNCIL JERRY HARRIS KENNETH E FRIESS GARY HAUSDORFER GIL JONES JEFF VASQUEZ CITY MANAGER STEPHEN B JULIAN On July 9, 1992, Daniel W. McFarland, Building & Safety Manager, authorized the release of the following bonds held as surety for public improvements for the Paseo Capistrano Home Furnishings Center: 1. Faithful Performance Bond No. 3SM 722 242 00 in the amount of $234,790.00. 2. Labor and Material Bond No. 3SM 722 242 00 in the amount of $234,790.00. I have enclosed certified copies for your records. Very truly yours, /u" ` . Dawn M. Schanderl Deputy City Clerk cc: Brent R. Ogden, Jr., Harbor Pacific Development Company Shirley Yu, Paseo Capistrano Associates Daniel W. McFarland, Building do Safety Manager William Huber, Director of Engineering and Building Services Cheryl Johnson, City Clerk 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 6 (714) 493.1171 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) 1, DAWN M. SCHANDERL, Deputy 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: 1. Labor and Material Bond No. 3SM 722 242 00, in the amount of $234,790.00, held for public improvements for Paseo Capistrano Home Furnishings Center. (SEAL) / kk - Dawn M. Schanderl, Deputy City Clerk San Juan Capistrano, California DATED: This 13th day of July, 1992. 0 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 HEREBY CERTIFY that the attached is a true and correct copy of the following document: 1. Faithful Performance Bond No. 3SM 722 242 00, in the amount of $234,790.00, held for public improvements for the Paseo Capistrano Home Furnishings Center. (SEAL) Dawn M. Schdntlerl, Deputy City Clerk San Juan Capistrano, California DATED: This 13th day of July, 1992. Executed .in Foun (4) Countenparta BOND NO. 3SM 722 242 00 PREMIUM: Included in Performance Bond BOND FOR SECURITY OF LABORERS AND MATERIALMEN (Government Code 66499.2) San Juan Cap.istnano WHERE",eahtaCffl Choyp&ilA$ o�f � y o1 �, State of California, and a ea a c nano a c o Inca cmcted Pantnenahip , as Principal, have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated , 19_, and identified as Project: Pubt.ic Impn.ovements bon. Paseo Cap.iatn.ano Home Furnishings Center is hereby referred to and made a part hereof; and 33136 M.iguet.ito WHEREAS, Under the terms of said agreement, Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City ofSauan Ca .is.tn.ano to secure the claims to which reference is made in Title 15 commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the CITY OF San Juan CapLsthan8nd all contractors, sub- contractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum ofN• Dollars ($234 for ma erials furnished or labor thereon of any ind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition'to the face amount thereof, costs and resonable expenses and fees, including reasonable attorney's fees, incurred by the Obligee in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on September. 14th , 1989 . Paseo Cap.ist)Lano Associates, A Paseo Cap.istnano Aaaoc.ia.tea, A CatiAor.n.ia Limited Paxtnerahtp Joint Ventuhe n en RELEASED nclpa Amen" at MotoAiata Insurance Company DATE Surety By: INITIALS ,QbC44� Wi - an J.S uppen.,Atto2ney .in Fact ATTORNEY-IN-FACT State of California County of Los Angeles ss: on o rrtae.mo e.n t 1, t Ya y , before me, a Notary Public, personally appeared (Od.tt i am T C ' JayspA personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as Attorney -in -Fact of Ame&ican Mqto)Li,6t.6 Tnsu an P rom.pang ,the corporation therein named and acknowledged to me that the corporation executed it. IN WI ESS WHEREOF, 1 have hereunto set my hand and affixed my o tcia seal, the day and year stated in is certificate above. t� Norary Public I" iPUBLIC SEAL PAT . ,�. PATRICIA A. DOLAN CALIFORNIA '"`'.✓ LOS ANGELES COUNTY € Mycommission Expires Feb. 8.1991 This area for Offical Notarial Seal CERTIFICATION I, Lee B. McClain, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney dated October 17,_1988 on behalf of -ji 1 11nM T S 7-- A.—I C� __y __ .. ...._ .. .. .... .. .. .. .. .. .. ... is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said J. S. Kemper, III and F. C. McCullough who executed the Power of Attorney as Senior Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Senior Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American Motorists Insur- ance Company on this . day of Seorembpr , 19_$g_, This Power of Attorney limits the acts of those named thereinto the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. •FM636=5' 7.88 1M Lee 8. McClain, Secretary This Power of Attorney limits the acts of those named thereinto the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. •FM636=5' 7.88 1M apgnd AmioN 1auAeN *N asoN YM Wl U11 -L 5-9feM 1661 'Z l 1sn9nV :sandxa uo!ss!wwo:) AW 'yuo) las wway1 sasodtnd pup sasn ayl to) hp AieiunloA pup aa)) umo nays se pue uonetodion pms )o lae AtelunloA pup Dail aql se luawntlsul pies ayl pafaA!lap pue leas aletodtoi ayi ytlm palcas'pau9!s pazltoylne Alnp oiunatayi Smaq Aagl ley pa9pa(mou:lae Allelanas pue uostad u! 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AlINOH-LnV ON :N011d3JX3 ** 92uTXB4.zapun puv spuoq tiB pui3 /Suy :paap pue 1ue s1! se pue 'Alatns se )leyaq sl! uo pue ui) pa lonw tauoos ssalun '0661 't f tagtuaaa0 9wpua pue tamod s!yl )o aJuenss! )o alep ayl qi!m 9u!uu!9aq popad ayi 9uunp mA!lap pue'lees'ainaaxa'aslcw of 'Pp)-u!-(s)Aawolle pue (s)ua9e In)mel pue aril sl? * *>f* ** **** *+t*** vTu.zo3Tlvo 'saTaSUV soZ ao jaddnuS -r MVTTTT14 +++`++++ lu!odde Agatay saop's!ougll 'an0199u01 ui auy)o led!Juud s7! Sidney pue 's!ouwpl )o ams ayl )o smel ayl tapun 9uns!xa pue panue9to uonwodto:) e 'AuedwoJ aJuetnsul slsuoloW ue:)uawV ayl leyl :sluasa„d asayl Ag uaw 11V mou)l saluedwoa A3NNOLLV 30 N3MOd a'ld 64009 II 'aAaO 9u01 :aayjO awo}3 ieuaueu ANVdWOJ Uhl VNIISN1 S1S18010W NVJI83WV —, -Executed in FouA (ICoun•teApaAtb BOND NO.3SM 722 242 00 PREMIUM: $4t696.00 FAITHFUL PERFORMANCE BOND (Government Code 66499.1) San Juan Cap.ia.tAano WHER AS Th Cit ff�oun&il of 4he��Jy of s uit" S State of California, aa'eo ap.(,than Ahaa ra , Ver �; ' and p -men aJAthnhn 3& A Ce ,t6nhnla L,Lm,eted PaA.tnenbh as Principal, have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated , 19 , and identified as Project: Pubk,ie Impo ovemen.te {Io)L Pabeo Cap.iztAano Home FuAniah.ingh CenteA Ts hereby referred to and made a part hereof; and 33136 M.igue2.L.to WHEREAS, Said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now, therefore, we, the Principal andAmetican Mo.toA.ieta _Ineunance Compan , as Surety, are held and firmly bound unto the CITY OFSan Juan Capi-6tAano , as Obligee, in the penal sum of Iwo Hundhed Th.iALtu Foua Thousand Seven HundAed N.inettf--------- Dollars ($234,790.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we b.ind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bonded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Obligee, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the Obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on Septembe)L .1-4xh , 1989 . Pa.6eo Capi.6taano A Paseo Cap.is•tAano Aezoe.Latea, A CattjoAn.ia Limited PaAtnehbh.ip Joint VentuAe P,r s ��/ r, O� By: U S xA e Gene PaAtine%, Principal RELEASED DATE % 9- 92 INITIALS � -C&d1,rdA-WL ATTORNEY-IN-FACT State of California ss: County of Los Angeles AmeA.i an MotoA.ib.t5 Inautanee Company Surety By: Alh Wt4VZ4 t/ J.ShuppeA,A.ttonney .in Fact On 4 ep.t em b PA 14 1 9 8 9 , before me, a Notary Public, personally appeared W it.E.Eam J ihu ppeh personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as Attorney -in -Fact of AmeA.iean Motoaists TnAuhanr9 Camnanu ,the corporation therein named and acknowledged to me that the corporation executed it. IN SS WHEREOF, I have hereunto set my hand and affixed in, o Icia seal, the day and year stated in this certificate above. ( / azi�:z a,) d 1&�._ otary Public s., PAATRIPue ,.,s.Do.............._ Or -],,;.,LA EAL ' 1•i�•. LAN IC -CALIFORNIA J{�9 $FAi<%i�. LOS AN COUNTY ' My commission Expires Feb, 8, 1991 •„ This area for Offieal Notarial Seal ' Executed in FouiL (woun.tehpattz andP"bpV as Principal and complete s BOND NO.3SM 722 242 00 PREMIUM: $4,696.00 FAITHFUL PERFORMANCE BOND (Government Code 66499.1) fh San Juan CapiAt&ano �han&�Aboefotek�y OA f Tetnf VeihfF1 4e,—, State of California, ,"have entered into an agreement whereby Principal agrees to install certain designated public improvements, which said agreement, dated 19_, and identified as Project: en.ta Am Pa.6eo Capiz thano to and made a part hereof; an e Fu Ani6 hing s C en# en 33136 Miguek.Lto WHEREAS, Said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now, therefore, we, the Principal andAmetican Moto&i.6ts Insuhance Compan , as Surety, are held and firmly bound unto the CITY OFSan Juan Capi,6tnano , as Obligee, in the penal sum of 7wo_H_undned Thi)Lty Foun Thouband Seven Hundn.ed Ninety ---------Dollars ($ 234,790.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bonded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Obligee, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the Obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on September .L4.th , 1989 . Paaeo Capizt)Lano Aabocia.te.6, A Paseo Capistrano Ahhociates, A Cati6onnia Limited Pan.tnehahip Joint Ventuae ByC.'Ll. un e n u, Gen a Pa)Ltne)L �y Principal RELEASED AmeA n Moxo,ti.at3 Insuaanee Com any DATEBy: Surety INITIALS wit n J.Shuppeh,A.ttonney in Fact ATTORNEY-IN-FACT State of California 1 ss: County of Los Angeles 3n C ee p.t em b en. 1 4 , 1 9 8 9 , before me, a Notary Public, personally appeared Wi t i am T C hu,'pe a personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as Attorney -in -Fact of Amehican Motoit,i.6ts ineuilanoe Carnpaviy ,the corporation therein named and acknowledged to me that the corporation executed it. IN SS WHEREOF, I have hereunto set my hand and affixed m),'official seal, the day and year stated in this certificate above. rotary Public .. U,,1:..A.. DO . ,....,....: PAARICIA SEAL , . LAN NOT RY LIC -CALIFORNIA LOS ANGELES COUNTY E My Commission Expires FeD..81991 This area for Offlcat Notarial Seal ' Executed .in Foun (&ountehpahtb BOND N0. 3SM 722 242 00 PREMIUM: $40696.00 FAITHFUL PERFORMANCE BOND (Government Code 66499.1) TT San Juan Cap.iethana WHER�AS Cit C�oun&il of �l%Rly oqf � State of California, as CA apd an Aeaa , and p nn�A.tnnnn A ('a ,�6ohn.ra L,rm.c.ted Pah.tnehbh.ip_. as Principal,'have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated , 19 , and identified as Project: 'ubt.ic Imphovemen.t.6 {yah Pa.aeo s hereby referred to and madeTa pa .ano ; an me Fahn.i,6h.ings Cen-teh 33136 Migue2.i-to WHEREAS, Said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now, therefore, we, the Principal andAmeh.ican Motoh.ia.ta InsuAance Compan , as Surety, are held and firmly bound unto the CITY OFSan Juan Cap.i6-thano , as Obligee, in the penal sum of wo Hundhed Th.ih.tu Four. Thouaand Seven Hundhed N.ine-ty--- - - - - -- Dollars ($ 234,790.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bonded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Obligee, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the Obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on Septembeh .I.4.th , 1939 . Paseo Cap.ib-thano Aeaoc.ia.teh, A Pabeo Cap.i6th.ano Ashoc.ia.tes, A Ca.C.ibohn.ia Limited Pan,tnehah.ip Joint Ventuhe 8y: , .Ch ekJu, GentAaZ Pahneh _ __- Principal ;.ELEASED Ameh.i n Mo-toh.i6-t6 Inbuhanee Com any DATE Surety By: J.S uppen,Atohney in INITIALS (Ui n Fact ATTORNEY-IN-FACT State of California ss: County of Los Angeles Un > t Fru t_ em q etc 1 -1 - 1 J5 N , before me, a Notary Public, personally appeared Witt iam I Chu p'p eA personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as Attorney -in -Fact of AmeiLiean Mo.tcAibtb Inauhan a Company ,the corporatio therein named and acknowledged to me that the corporation executed it. IN E WHEREOF, I have hereunto set my hand and affixed m off' ii eal, the day and year stated in this certificate above. Notary Public ....u,,,,,, � UPFI[,LyL SEAL PATRICIA A. DOLAN NOFAnY PU3LIC-CALIF ORNIA 3 LOS ANGELES COUNTY a ' MyfAmrnissioa Expires Feb_6;15�1 u... This area for Ojfical Notarial Seal CERTIFICATION I, Lee B. McClain, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney dated October 17, 1958 on behalf of Pper of is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said J. S. Kemper, Jll and F. C. McCullough who executed the Power of Attorney as Senior Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Senior Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American Motorists Insur- ance Company on this 14th day of September ,19_$.9—. Coe Lee B. McClain, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. 0 FM836-3 7/88 W vs'n N1431NINd aggnd Am1oN iauAeN A asoN J weal—Aawopy)o iaeod W I 90-L S-919 W3 1661 'Z l lsn9ny :sandxa uo!sslulwoo AW •yllo) las u!alagl sasodmd pue sasn ay lo) loe AlemnIOA pup aal} umo nays se pue uopelodjoo pies )o pe AletunloA pue aai} ayl se mawnllsui pies ayl palangap pue leas alwodloa at yum paleas'pau9!s pazuoytne Alnp olunatayl9u!aq Aag1 leyl pa9palmoulloe Allelanas pue uostad u! 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A11NOH1f1V ON :NOI1d3JX3 pus spuoq TTV puv SUV :paap pue lae sli se pue 'Alams se 1lmgaq su uo pup 30) pa>lonai Jauoos ssalun '0661 ' It jaqulaaacj 9u!pua pue )amod slgl )o aauenss! }o amp ayl yl!m 9u!uu!Raq pouad ayl 9uunp JaA!lap pue 'leas'alnoaxa'alelu of 'laej-u!-(s)Aawolle pue (spua9e ln)mel pue anti sl! 'eTu.zOJTTVD g99t92UV soZ jo a:addnus or UMTTTTM ;+++++++.+++++++++++++++++++++++++.+++++«++++ muidde Agajall saop's!omIII 'anol0 9uol ui aal))o ledlauud sp 9u!Ae4 up's!ou!Ill )o ams ayl )o smel ayl lapun 9ugslxa pup paz!up9lo uopetodtoa e 'AuedwoD aauemsul stsuotow ueauawy ayl leyl :s)uasaid asagl Ag uaW 11V Mou)l saluedwaa A3NNOILV 30 b3MOd a'ld 6b009ll'ano109uol:a11 awoli ieuolleu ANVdW073JINVHf-ISNl SISRIOlOW NVJIN3WV MEMORANDUM July 9, 1992 TO: Dawn Schanderl, Records Coordinator City Clerk's Office FROM: Daniel W. McFarland, Building & Safety Manager Department of Engineering and Building SUBJECT: Surety Bond - Paseo Capistrano Home Furnishings Center This memo is to authorize release of Bond No. 3SM 722 242 00, bonding company American Motorists Insurance Company, for the Johnson/Yu project known as Paseo Capistrano Home Furnishings Center. This bond covers a surety agreement for grading, faithful performance bond, and laborers and materialmen; all work covered by these agreements has been completed to the satisfaction of the Building Department. Thank you for your assistance in this matter. DM/st • PERFORMANCE BOND a KNOW ALL MEN BY THESE PRESENTS: That Johnson/Yu as Principal, hereinafter called OWNER and American Motorists 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 Two Hundred Thirt -Four Thousand Seven Hundred Ninetyand No/100ths Dollars y234,790.00 for payment whereof Owner and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Owner has by written agreement dated September 13, 1989, entered into rem Agreement for grading, landscaping, and on-site improvements and property ration which contract is by reference made a part hereof, NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, 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 the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. l p, Executed this 20 day of September= 1989, at ,�1 euVpD���C F 1 California. PRINCIP boson/ Y By-Z.vr� f APP OVE, O FORM (NOTA IZATION ND SEAL) John R. SiVaw, City Attorney SURETY: American Motorists Insurance Company ATTORNEY-IN-FACT .. State of California ss: County of Los Angeles On September 21 , 1989 , before me, a Notary Public, personally appeared William J. Shupper , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as Attorney -in -Fact of AMERICAN MOTORISTS INSURANCE COMPANY ,the corporation therein named and acknowledged to me that the corporation executed it. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. ary Public iLo 8md-4-- .BRONWYN MURDOCK= NOTARY PUBLIC = It STATE OF CALIFORNIA S 3 PRINCIPAL OFFICE III S LOS ANGELES COUNTY . My Commission Expires July 4, 1992 F This area for Offical Notarial Seal OW Sll 6r� �Yl�� • 0 MEMORANDUM September 22, 1999 TO: Dawn Schanderl, Records Coordinator FROM: Elaine Martinez, Building & Safety Manager Community Planning & Development SUBJECT: Surety Agreement and Performance Bond For Paseo Capistrano (Johnson/Yu) Attached are three copies of the Performance Bond No. 3SM 722 242 00 for Paseo Capistrano (Johnson/Yu) development project for your files. This bond secures the Surety Agreement with the City of San Juan Capistrano providing in part that the Developer perform certain grading and public improvements. EM/nk Attachments 0 i KNOWN BY ALL PARTIES that the Performance Bond has not been signed by the City Attorney, John Shaw. KNOWN BY ALL PARTIES that the Surety Agreement has been endorsed by all parties. That the Community Planning and Development Director, Thomas G. Merrell, has authorized the Building Official to release grading permits without the Performance Bond in place. That Johnson/Yu will comply with any correction that the City Attorney may designate before signing the Performance Bond. That said Performance Bond will be endorsed by City Attorney, John Shaw on September 25, 1989. Executed this 21 day of September, 1989. M. E TuINCIPAL: JOHNSON/YU C. BUILDING OFFICIAL AMERICAN MOTORISTS INSURANCE COMPANY Home Office: Long Grove, IL 60049 ® PeCona� POWER OF ATTORNEY comrantes Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove,Illinois, does hereby appoint******************************************** William J. Shupper of Los Angeles, California its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1990, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings.***** ************************** EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE ANDTERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1990. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists 'Ir��urance Company has caused this instrument take signed and its corporate seal to be affixed by its authorized officers, this __ J W day of _ _October '19 0. Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY it By F. C. McCullough, Secretary STATE OF ILLINOIS COUNTY OF LAKE ss I, Rose K. Rayner, a Notary Public, do hereby certify that J. S. Kemper, III and F. C. McCullough personally known to me to be the same persons whose names are respectively as Senior Vice President and Secretary of the American Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth. My commission expires: August 12, 1991 FM836-5 7-88 1M Power of Attorney—Term �� Rose K. Rayner, Notary Public PRINTED IN U.S.A. W t , 88/L " 5-9EB KA -palels uiaiaq lualxa ayl of pup jauuew ayl w lda:)xa AuedwoD ay puiq of Aluoylne OU aneq Aayl pup 'uiaJayl paweu Alleayioads s21-11leuapun pue spuoq ayl of walayl paweu asoyl jo spe ay sllwll AawOAV )o jamod si41 AieianaS'ulelyy4'g aal 7n5wRe5. —gg— g t ' jo Aep �— styl uo AuedwoJ ague dnsul slsuoloyl ueauawy ay jo leas alejodJO ayl paxyMe pup aweu Aw paquasgns olunajaq aneq I '303M3HM ANOVNIIS31 NI •AuedwOD aauejnsul slsuoloVN uealiawV ay jo AMICI aS Poe luaplsaJd aain JoluaS palaala Alnp aql Aaw011y;O JamOd pagaeue ay jo uognaaxa ayl Jo aiep aql uo ajam AlaAilaadsaj AjelajaaS Poe luapisajd aaln ioivaS se Aaujolly jo jamod ay palnaaxa oqm g2nopn'ayl .J •3 pup ill hadwaN 'S *( pies ayl leyl Ajiljaa jayunj op I pup 'aleaylUaa slyl jo alep ayl uo laaga pue aalO) llnj ul sl pup loajagl aiep aql aauts laa;la pup aajol llnl ui uaaq seq awes aql leyl pup Ado:) laajjoa pup anil a sl Jo Jleyaq uo VVbI LI aaq6—,4oO palep AawouV )o iaMod payaelle ayl wyl Ajiluaa Agajaq op'AuedwoD aauejnsuI slsuoloW ueauawy aql;o AmajaaS 'wLID:)W 'g aay 'I NOIIVJI311a3J i 0 STATE OF CALIFORNIA COUNTY OF ORANGE ss. /On this c2J�4 day of , in the year of I `I before me personally appeared personally know to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he (she or they) executed it. WITNESS MY RAND AND OFFICIAL SEAL. Ji( /I l/V� v Lisa Custer OFFICIAL. SEAL LISA OSTER NOTARYPLEUC-CALFCMW' OMNGE COUMY 6j cm E*1431 y 23. 1993 STATE OF CALIFORNIA ss. COUNTY OF ORANGE On thisjjL�4 day of �I N in the year 1 q 0 , before me, Lisa Custer , a rotary public in the state of California, county of Orange, personally appeared [�►{X(i� ��7 {� personally known to me (or proved to me on the basis of ' satisfactory evidence) two be the person who executed the within as or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. WITNESS MY HAND AND OFFICIAL SEAL. OFFiCW7,,EAL MACU, Nolk"PU9UC0.TINGE C01 Ca . E.Wft Lisa Custer N 0 STATE OF CALIFORNIA COUNTY OF ORANGE ss. /O�n thisc r 4 day of� in the year o/f1 I"1 9 0/ , before me personally appeared l,rlOr)eS , , personally know to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he (she or they) executed it. WITNESS MY HAND AND OFFICIAL SEAL. 2 L Lisa Custer a OFFICiAT. ]1993 USA CUSTER NOTARY PUBLIC CAORANGE COUNTMY Cm Ewes J0,