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! Aep s!yi aw a)o)aq pa)eadde 'luawmisu! 9u!o9wo) ay o1 paquJsgns 'sloullll )o alelS aql )o uonetodtoJ e
'AuedwoJ aauetnsul slsuwol''N ue�!tawV ay1)o AjelataaS pue luap!satd a�!A to!uaS se AlanllJadsat ate saweu asoym suostad awes
aq) aq o1 aw of umousl Alleuosiad y9nol lnJ:)W ,J .3 pue ill hadwa)l 'S '(leyl A)ntau Agatay op 'aggnd AteloN a 9auAeN •N asoN 'l
ss 3NV130A1Nf10J
SIONII1130 31V1S
nswd aJ!A )o!uaS 'III 9adwaN 'S 'I
Aq
ANVdWOJ 3JNVN1ISNI SISINOIOW NVJI113WV "`: ) :payljjaJ pue PalsaAV
61 ' )o Aep —pue— s!yt 'stao!))o pazuoylne sll Aq paxyje aq of
leas aletodtoa sl! pue pau9!s a 1 luawntlsu! s!yl pasnea sey AuedwoJ aoue]n 1 slsuololAJ ueo!tawV ayl'joatayM Auowllsal u1
„AuedwoJ aql uodn 9u!pu!q pue p!leA
aq o1 anunuoo lleys'payaelle s! 1! q.)igm ol8u!sleuapun )o puoq Aue of loadsa) yl!m pag!Uaa pup paleas'painJaxa os tamod Bans Aue pue 9961
'EZ A)ewga3 uo stolaan4 )o pteog a.y )o aau!wwoJ anpnaax3 Dip Aq paidopt uopnlosa) of luensind painoaxa puoq to Aawoue )o tamod Aue
uo alnu!sae) Aq paxg)e aq Aew'1)piaua5 ayi Aq suopeag!uoI pue AuedwoJ ayi)o leas ayi'AreiwoaS ayi)o atnleu8!s ay! pue Atela)oaS ayi yl!m
pap) pue Sunum ui paleu9!sap saalwodde nayl )o'luap!sa)d aJ!A Aue'uiap!sa)d agi'p)eog ay1)o uew!eyJ ayi )o wnieu9!s ayl leyl'4310n„
:9961
'Atentga3 )o Aep pi F Z ay uo play pue pallea Alnp 9unaaw Pie AuedwoJ aql )o stoixm(] )o pteog ay )o aall!wwoJ aA!]nnax3 ayAq paldope uonnlosat 9ulmopo) ayl )o Aluoylne Aq pue tapun al!w!sae) Aq pay!ltan pue galeas 'pau9!s s! AawollV )o tamod s!yl
,; ssaoo)d )o a:)uelda»e to) slua9e lu!odde Aew AuedwoJ ayl )o staoy)o yons Aue pue')oa)ayl atnleu ayl u! Atole9ggo
's9unpm )aylo pue Ai!uwapu! )o siaetluoa'saauez!u9onat 's9u!1euapun pue spuoq'oia)ayi AuedwoJ aql )o leas aq'
yaeue pue'AuedwoJ ayl )o
)legaq uo ain:)axa of wagi azuoylne of pue'i:)e)-u!-sAawolle pue slua9e lu!o(ide of Ai!toylne pue tamod aqi aney lleys Nela):)aS ayl to'Atelat:)aS
aql yi!m pal!) pue 9upnm ui paleu9!sap saalwodde uayi to luapisatd aa!A Aue to 'luapisa)d ay 'p)eog ag1)o uewt!egD ayl 1eg1 'O310A„
pup auto) lln) u! 9u!aq se A)elat:)aS pau5!s)apun ay Aq of pay!lta:) Agatay si pue yuo) las ta1)eu!ata4
s! ya!gm )o Ado:) aletn3Du pue antl a 's!ou1111 '0n010 9u01 le 9961 'f Z Atentga3 uo AuedwoJ az)uetnsul slsuolow ueJuawV p!es
)o stoluan(i )o pteog ayl )o aall!wwoJ annn:)ax3 aql Aq paldope uonnlosat a )o Al!toylne Aq palmaxa s! ADwol1V )o iamod s!q1
'0661 '1 C N39W3J30 30 SN 3JIlON lnOH11M 31VNIWN31 (INV 3SV3J IIVHS 1N3W1NIOddV SIHI
s!ou!pl 'anw0 9u01 ui aay)o led!au!td sli le staa!)Jo palJala Apeln9at
sl! Aq pa9palmowhe pue palnnaxa Alnp uaaq pey awes ay1 p se'sasodtnd pue smarm Ile o1 Aldwe pue Alln) se Auedwo] aDuwnsul
slspoloVN ueJuawV p!es ayl uodn 9u!pu!q se acl Ileys swasatd asayi )o anuenstnd w s9u!slpltapun pue spuoq yons)o uonnaaxa a41
AuedwoJ aauetnsul slsuoloW ue:)uawV ayl Aq awn Aue le patlonat aq Aew luawlu!odde s141
Malay ylto) las se Ai!toylne )o 1!w!I tellop
aql uigi!m puoq gins gDua 9uuq of tapto ui spuoq atow to oml ow! 1!lds aq of uope9!lgo awes ay I!wtad lou saop Aluoylne s!yl
1!patJ )o tallal to t)etp't:)aya'alou Atossiwad Aue )o uo!laalloo to luawAed
ayl saalueten9 yz)!ym 9u!>leuapun to puoq Aue taA!lap pue leas 'alnx)xa 'alew w paluet9 s! 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! Aep s!yt aw ato}aq pamadde 'mawnttsw 9wo9alo} ag1 of paquosgns '510mill }o aims ayt }o uopeiodio' e
Auedwo] aouemsul slsuololN ueauawy ayl}0 AletanaS pue luep!sald aa!A Jo!uaS se Alanpoadsal ale saweu asoym suosiad awes
ay aq o1 aw of umoul Alleuosiad g9nopn7oW •D •j pue III hadwa)l •S (teyl A)plao Agajay op'oygnd AieloN a jauAuN •X asoN'1
Maid aa!n Jo!uaS'111 iadwaN'S
3IV130 A1Nno:)
s.4 SIONI11140 31VIS
AmalDaS 'y9nollnJo W *DJ
Aq
ANVdWOJ DNVNL1SNl S1S18010W NVJIN3WV ":I: ) :paylt,az) pue patsauV
cm 61 ' }o Aep—Iq!7-T— s!g1 'stao!}}o pazuoylne sl! Aq pax!}}e aq of
leas alwodloa sq pue pau9!s at{lsl wawntlsul s!yt pasnea sey AU
aoue]nsul slspololy uea!jawV ayl'}oatagAA uow!lsal ul
„Auedwo�
ay uodn Ru!pu!q pue p!leA
aq of anulluo:) Ileys'pay:)elle si p y:)!ym of Ru!slellapun io puoq Aue of laadsai yum pap!uvaa pue paleas'palnoaxa os lamod yons Aue pue 0961
'E Z Alemga j uo sx>pan(I)o pipog ayl )o aaluwwo] anllmax3 mp Aq paldnpe uopnlosaj m menvnd palnaxa puoq jo, Aawolle )o lamod Aup
uo apw!sie) Aq pax!)le aq Aew RjelaiaaS aql Aq suopeap!u.» pue Auedwo] ayl )o leas ayl'Ajelai:)as ay )o ainleu9!s ay pup'AmajaaS ayl qpm
pal!) pue Rupum u! poleuSisap saalu!odde nay) io'luap!said aa!n Aue'luap!said ayl'pieog ayl )o uewne47 ay jo ainleu9!s ayl leyl'4310n..
8961
'Alenlgaj )o Aep pit ay uo play pue papea Alnp9ullaaw e le AuedwoD aql )o slolaanp )o pteog ayl )o aal]!wwoD aA!lnoax3 aql
Aq paldope uo!]nlosai 9u!mollo} ay )o Aluoylne Aq pue japun al!w!soe) Aq pa!)plaa pue paleas 'pau9!s s! Aawolly )o jamod s!yl
,; ssaoold )o aoueldaaae lo) slua8e w!odde Aew AuedwoJ ayl )o sla:)y)o vans Aue pue')oalayl ainleu ay u! Alo)eSilgo
'sRullpm /aylo pue Auuwapu! )o slaelluou'saauezlu9oaal's9u!:leuapun pue spuoq'olaiayl Auedwo:) ayt )o leas ayl yaege pue'AuedwoD ayl )o
}leyaq uo alnaaxa of wayl azuogme of pue'l)e)-ui-sAawoue pue slua9e m!odde of Aluoylne pue lamod ay aney lleys AjelaimS ayt to AielanaS
ay yl!m pal!) pue Rumlm ui paleuSisap saalwodde may jo 'luap!said a�!A Aue jo 'luapisaJd ayl 'pleog ay )o uewl!egD ay leyl '4310A..
:oa))a pue aalo) pn) u! 9u!aq se AlelanaS pau9!siapun ayl Aq m pay!llao Agalay si pue quo) las ial)eu!ajay
sl ya!gm }o Adoa atemoae pue antl a 's!owpl 'an0J0 9uol le MI. '£Z Alenlga j uo AuedwoJ aouemsul slsuoloW ueauawy p!es
)o S)olaan(i )o p)eog ay }0 aall!wwoJ anpnaax3 ay) Aq paldope uo!lnlosal a }o Anloglne Aq painoaxa s! Aawolly }o iamod s!ql
'0661 't£ N3gW3J34 30 SV 3JIlON 1f1OH11M 31VNIWN31 ONV 3SV3J 11VHS 1N3W1NIOddV SIHl
's!ou1111 'anaO 91101 m aay)o led!auud sp le svao!}Jo paloala Apeln9ai
sl! Aq pa9palmowlae pue palnoaxa Alnp uaaq pey awes aql )! se'sasodmd pue slualu! Ile of Aldwe pue Alln) se AuedwoJ aouemsul
slsuoloyl ueauawy p!es ayl uodn 9u!pu!q se aq lleys sluasaid asayl )o aauensmd u! s9uplellapun pue spuoq yans)o uopnaaxa a41
-AuedwoJ aouemsul slsuoloW ueauawy ayl Aq awp Aue le pallonat aq Aew luawlu!odde s!yl
u!ajaq yvo) las se Anloylne )o Imiq jellop
ay u!gl!m puoq vans qma 9uuq of laplo ui spuoq alow jo oml olu! ]gds aq of uo!le9!lgo awes aql 1!wlad lou saop Aluoylne s!ql
.span )o iallal to ])Lip ' faayo'alou Alosslwotd Aue )o uopoapoa to luawhd
ayt saameten9 go!ym 9u!>leuapun to puoq Aue laA!lap pue leas 'alnaxa '0vew 01 pawel9 s! 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,