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1989-0926_SELIGMAN WESTERN ENTERPRISES_Surety Agreement
0 0 THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation, hereinafter referred to as the "City" and SELIGMAN WESTERN ENTERPRISES, LTD. a Limited Partnership, hereinafter referred to as "Developer". WITNESSETH WHEREAS, City will issue Grading Permit No.10539-B and Building Permit No. 10541-B - 10761-B 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 27121 - 27131 Calle Arroyo, commonly referred to as CAPISTRANO BUSINESS CENTER, Phase 1I. 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 $275,000.00 for that work described in Exhibit "A". This security of $275,000.00 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 I'D". 3. Completion of Improvements. To ensure the protection of the public safety, health and welfare, Developer shall construct the improvements described in Exhibit "A" in accordance with the schedule as set forth in Exhibit "B", and the conditions as set forth in Exhibit "C". 0 0 4. Developer Default. In the event Developer does not complete the required improvements, including erosion -control measures within the time required, or abandons the project site, or suspends work for more than twenty working days other than previously prescribed, City shall have the right to immediately declare a default and to make demand on the surety for performance. 5. Restoration of Site. San Juan Capistrano Municipal Code Section 8-3.06 allows the City to require bonding a security to ensure against adverse aesthetic impacts arising from incompletea 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"; Remove all debris and construction materials from the site; and 4. Install erosion control, including hydroseeding, to the satisfaction of the Building Official. 6. Attorney's Fees. Developer agrees to pay City such sum as the court may adjudge as reasonable for the legal services of an attorney representing City in an action brought to enforce or interpret the obligations of this agreement, and such sum shall be made a part of any judgment in such action against Developer if such action is determined in favor of said City. 7. Developer's Work in Safe Condition. Developer shall perform all work in a safe workmanlike manner and shall take such precautions as may be necessary to warn and protect the public from any dangerous condition caused by the construction of said improvements. 8. Liability. Developer shall hold City, its officers and employees harmless from any and all claims, demands, causes of action, liability 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. In Witness Whereof, the parties have executed this agreement as of September 26, 1989, at San Juan Capistrano, California. Seligman Western Enterprises, Ltd By: T m M.an Title: Presidene 't as City Attorney City of San Juan Capistrano By: Elaine Martinez Building Official 0 0 EXHIBIT "A" CAPISTRANO BUSINESS CENTER PHASE II ITEM 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in accordance with Grading Permit 10539-B and the Developer's plans and supporting documents as listed below: (A) Grading Plan for CAPISTRANO BUSINESS CENTER PHASE II prepared by CONTRACT ENGINEERING, #JN880250 Dated June 8, 1989. (B) Geotechnical Report dated February 8, 1989, prepared by H V LAWMASTERS CO., INC, #89-11058-E2 dated February 8, 1989. ITEM 2: Construction of all on-site improvements in accordance with Grading Permit No. 10539-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. 10541-B, and the building plans for CAPISTRANO BUSINESS CENTER PHASE II by ARCHITECTS ORANGE, Steve Himes, #15779. ITEM 4: Construction and placement of landscaping and irrigation in accordance with approved plans for 10761-B by ERIC KATZMAIER, LANDSCAPE ARCHITECT, #1372 as included in the above plans. CJ EXHIBIT 'B" SCHEDULE FOR COMPLETION OF IMPROVEMENTS Completion Date October 30, 1989 November 15, 1989 November 30, 1989 November 30, 1989 January 30, 1990 February 26, 1990 March 19, 1990 March 19, 1990 March 19, 1990 April 2, 1990 April 16, 1990 May 1, 1990 May 1, 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" 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. 10539-B. B. Grading operations shall commence within fourteen (14) calendar days after issuance of Grading Permit No. 10539-B and no later than November 1, 1989, whichever comes first. C. Suspension in excess of twenty (20) working days of work authorized by Grading Permit No. 10539-B, and Building Permits Nos. 10541-B - 10761-B, including erosion - control measures and landscaping and irrigation, shall constitute default of this agreement. D. The supervising civil engineer and soils engineer shall file biweekly progress reports of all grading operations with the Building Official. E. Contractor shall control dust to satisfaction of Building Official or his deputy. During grading, Contractor shall keep water truck on site and dampen work area, grounds, and loaded trucks. F. Developer shall provide approved Native American monitor during all phases of grading and foundation excavation. G. All work shall be performed in strict observation of the Hours of Operation in accordance with San Juan Capistrano Municipal Code Section 8-107. H. Contractor shall adhere to conditions of haul route permit and encroachment permit issued by the City Engineer. 1. 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. PERFORMANCE BOND 3SM 722 477 00 5500.00 2 Yrs KNOW ALL MEN BY THESE PRESENTS: That Seligman Western Enterprises, LTD I as Principal, hereinafter called CONTRACTOR, 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 & seventy Five Thousand & N01100 (275,000.00) Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated September 1989 , entered into a (describe agreement) Grading, Landscaping. and nn-sdro i*+rv,,.ram,...,.- and Frail®*t=r-i+emeatetie:r Capistrano Business Center Phase I7 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 modifi- cation 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. Executed this 25th day of September , 19 89 , at Los Angeles , California. APPROVED AS TO FORM. PRINCIPAL Seligman Western Enterprises, LTD CAW R (NOTARIZATION AND SEAL) SURETY American Motorists Insurance Company William AND SEAL) Attorney In Fact Prepared by: Office of City Attorney San Juan Capistrano 7/29/85 STATE OF CALIFORNIA, ) SS. COUNTY OF Los Angeles ) GROUP ' SEP 251989 U On this day of 19_, before me Susan E. Morales personally appeared William J. Shuvoer personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instnnnent as the Attorney -in -Fact of AMERICAN MWORISIS INSURANCE COMPANY, and acknowledged to me that he (she) subscribed the name of said ccmpany thereto as Surety, and his (her) own name as Attorney -in -Fact CERTIFICATION 1, Lee B. McClain, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney datedSentamber on behalf of William J. ShUpper Of _.....11.11 --- 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 1. S. Kemper, 111 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 �+Lp -0�� 19 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. FM836-5 7/88 '1M AMERICAN MOTORISTS INSUF ICE COMPANY Hume Office: Long Grove, IL 60049 POWER OF ATTORNEY .Know All Men By These Presents: national. PEC Companies 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 provided the amount of no one bond or undertaking exceeds TWO MILLION DOLLARS ($2,000,000.00)***************** 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. Theexecution of such bondsand undertakings in pursuance of these presents shall beas 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 AND TERMINATE 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 Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 13th day of gentarnhe _19 ps_. Attested and Certified: O AMERICAN MOTORISTS INSURANCE COMPANY B F. C. McCullough, Secreta STATE OF ILLINOIS ss COUNTY OF LAKE J. �>. Kemper, III, Lemor vice President I, Rose K. Rayner, a Notary Public, do hereby certify that J. S. Kemper, Ill and F. C. McCullough personally known to me to he 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 Rose K. Rayner, Notary Public FM 836-i 7-88 1M PRINTED IN U.S.A. Power of Attorney—Term 0 MEMORANDUM September 28, 1989 TO: Mary Ann Hanover, City Clerk FROM: Elaine Martinez, Building & Safety Manager Community Planning & Development SUBJECT: Surety Bond - Seligman Western Enterprises, Ltd. Capistrano Business Center Attached, please find a Surety Payment Bond - Certificate of Deposit, original Surety Agreement, and copy of grading permit for: Owner: Address of Project Site: Tract: Lot: Amount of Bond Bond Serial No. Certificate of Deposit Acct.No. Tom M. Seligman, President Seligman Western Enterprises, Ltd. 27121 - 27131 Calle Arroyo, San Juan Capistrano $275,000.00. 3SM 722 477 00 This memorandum will serve as a receipt for said bond. Building and Safety Division will notify your Department to release bond when the grading permit is finaled. Thank you for your assistance in this matter. (IA-O-- Elaine IA—O-`"Elaine Martinez Building Official EM/nk Attachment cc: John Shaw Dr. Seligman Stephen Chamberlain DRUG USE is E September 20, 1991 Fred M. Seligman Seligman Western Enterprises, Ltd. 5100 E. La Palma Ave., Ste. 202 Anaheim Hills, CA 92807 (�� p,OUMum 1961 17;6 ww • A MEMBERS OF TITE C'- CC_N. _ LAWRENCE FBLC- KENNETH E FRESS GARY L HAUSCCPrrF GIL JONES JEFF VPSOUEZ CITY MANAGER 57EPr EN S JUL AN Re: Surety Bond No. 3SM 722 477 00, Capistrano Business Center, Phase 11 Dear Mr. Seligman: Enclosed is a copy of a letter to American .Motorists Insurance Company authorizing the exoneration and full release of the above referenced bond for the Capistrano Business Center, Phase II project in the City of San Juan Capistrano. The work guaranteed by the bond has been completed to the satisfaction of the City of San Juan Capistrano. If you have any questions or need further assistance, please contact me. Sincerely, DantOWMcAFar *an Building be Safety !Manager DWM/st Attachment cc: George Scarborough William Huber 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO. CALIFORNIA 92675 • (714) 493-1171 9 September 20, 1991 William J. Shupper Lou Jones do Associates P.O. Box 41375 Los Angeles, CA 90041 Jin �c inl OAlo H111 InIwsIH 1961 1776 MEMBERS OF THE CITY COUNCIL LAWRENCE F SUCHHEIM KENNETH E. FRIESS GARY HAUSDORFER GIL JONES JEFFVASOUEZ CITY MANAGER STEPHEN 8. JULIAN Re: Surety Bond No. 35M 722 477 00, Capistrano Business Center, - Phase II This letter is to authorize the exoneration and full release of Surety Bond No. 35M 722 477 00 posted for the benefit of Seligman Western Enterprises, Ltd, for improvements within Capistrano Business Center, Phase II within the City of San Juan Capistrano, California. The improvements guaranteed by surety including grading, drainage, and on-site improvements have been completed to the satisfaction of the City of San Juan Capistrano. Attached is a copy of the original bond for your reference. If you have any questions or need further information, please contact me. Sincerely, Daniel W. McFarland Building & Safety Manager DWM/st Attachment cc: George Scarborough William Huber Fred M. Seligman Tony Russo 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 6 (714) 493-1171 PROUUCER Romine Insurance Agency P,EC N w !? ' 21300 Victory Blvd., Suite O Woodland Hills CA 91367- zYCL D P•^•RTI CJT ^r INSURED Seligman Western Enterprises 5100 E. La Palma, #202 Anaheim Hills CA 92807 THSS CE" S`(Cr- GW -y AWE l : 0E'E NO R�G3 G JF Li, ' E 'F D3PU N';' )+eNJ EXT'E14C CR Ai ES B;__,. NIL rlr n•"�a" At - 1 RAGr MP.Ar. TTE� f FIREMAN'S FJND ITIS 1RANCE CO. CoMFA,�`- ErEE, COMFANY LETTER Chubb Group of 1ir�u:-diTCr Co, COMPANr' LETTER THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAM, ) �,e 1 q 'JCY PER, 0.' IN]ICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W! n �4E. C + C 1 THIS CERTFI"ATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SbBJEC' C A F XCLUSIONS, At 0 CONDI- TIONS OF SUCH POL(CIES. TYPE OF INSURANCE ERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MAGE ©OCCURR UVAER S d CONTRACTORS PROTECTIVE AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS AIRED AUTOS NON OWNED AUTOS GARAGE LIABILITY LIABILITY OTHE9 THAN UMBRELLA FORM WORKERS'COMPENSATION AND EMPLOYERS' LIA8ILITY } j IEPCH ACCIUENTI � iU SEASEPOLICY UTAITI �y; P]S`cASL EAC—HEM-1 —XE) OTHER _ _—L_�TIiIE�+TAC h'�ISD}�Ess.- � DESCRIPTION OF OPERATIONS ILOCATIONSlVEHICLES/RESTRICTIONS/SPECIAL ITEMS SAN JUAN CAPISTRANO RE: NW Terminus of Calle Arroyo - San Juan Capistrano, California Parcel 2 "SOUTH CAPISTRANO ENTERPRISES, A NEVADA LIMITED PARTNERSHIP" City of San Juan Capistrano Attn: Kathy 32400 Paseo Adelanto San Juan Capistrano, CA 92675 SHOULD ANY OF THE ABOVE C ESCFIST.L POLICIES AE CANCELLED �ByE�FyO/RgE �THE EX yp PIRATION DATE THEREOF THE ' i U1 NO CC APANY WILL 1"jk ygn,{�'xxXx MAIL 34 DAYS WRITTEN N )TICE TO )HE CERT 11CATE HOLDER NAMED TO THE LEFT. AkX1I�]O5X iX&W}xXXk1X'X)fl{1`cM-XEYLXX*i4M}t+%1f UXi(&XbXX. C— POLICY NUMBER Ct r frn �C�J11 E '� - f4t �. - I UTS IN THOUS .NDS MXC 3017 92 04 ?5/25/89 05/25/90 acaeECArr $���ZJ7d�S7(55 - Sims iNdt:T. __—. ''�r" S. ow i I c iu - - "l6NE 9EfSC'FI I � J (90) 796723-10 5/24/89 � �5/26i90 r C RPEtiCE d $2000 } j IEPCH ACCIUENTI � iU SEASEPOLICY UTAITI �y; P]S`cASL EAC—HEM-1 —XE) OTHER _ _—L_�TIiIE�+TAC h'�ISD}�Ess.- � DESCRIPTION OF OPERATIONS ILOCATIONSlVEHICLES/RESTRICTIONS/SPECIAL ITEMS SAN JUAN CAPISTRANO RE: NW Terminus of Calle Arroyo - San Juan Capistrano, California Parcel 2 "SOUTH CAPISTRANO ENTERPRISES, A NEVADA LIMITED PARTNERSHIP" City of San Juan Capistrano Attn: Kathy 32400 Paseo Adelanto San Juan Capistrano, CA 92675 SHOULD ANY OF THE ABOVE C ESCFIST.L POLICIES AE CANCELLED �ByE�FyO/RgE �THE EX yp PIRATION DATE THEREOF THE ' i U1 NO CC APANY WILL 1"jk ygn,{�'xxXx MAIL 34 DAYS WRITTEN N )TICE TO )HE CERT 11CATE HOLDER NAMED TO THE LEFT. AkX1I�]O5X iX&W}xXXk1X'X)fl{1`cM-XEYLXX*i4M}t+%1f UXi(&XbXX. C— PRODUCER Romine Insurance Agency 21300 Victory Blvd., Suite 280 Woodland Hills CA 91367 - INSURED Seligman Western Enterprises 5100 E. La Palma, #202 Anaheim Hills CA 92807 TIONS OF SUCH POLICIES. . TYPE OF INSURANCE POLICY NUMBER COMMERCIAL GENERAL LIABILITY C!WAS MADE DOCOURRENCE OWER S & CONTRACTORS PROTECTIVE AUTOMOBILE LIABILITY ANY AUTO ALL OWNEO AUTOS SCHEDULED AUTOS HIRED AUTOS NON OWNED AUTOS GARAGE LIABILITY LIABILITY OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY OTHER IMTTLL" THIS CERTfr iCA1E "z _ ':! i f NO RIG�'tkT 1'OA; JDE: e-) R" EXTEND 'OR ? }'Ec COMPAPI+ LETTER A Fremont Inderr:nity COMPAN' LETTER COMP ANI �n LEITER - - -- -- COMPANY ._— ® LETTER COMPANY E ER iEN ISSUED TO THE INSURED NAMED .ABOVE FOR THE PDIJ(i VERIOJ U; tTF. D, (TRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH T i S CERVI Cl MAY i DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS F.'.XC., J TIONS. Ni ')NDI. L r •AD TILE OA N LL I L n6NN 11, F MM1I :U" AL ,4I HI THCIi AN i i I [ I _ (,Ali J S P�L Rro , f r 'PENCE I $ �" I FCY _u 1-- WS 89 484084-01 07/15/89 TOZi y 1(jYa�Lfc- 0_I )L0IHIT � $ TOOO f �t 4 L EMPL9 L_ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITPAS R" 11^ .c, ma Rua Arroyo - San Juan Capistrano, California Parcel 2 "SOUTH CAPISTRANO ENTERPRISES, A NEVADA LIMITED PARTNERSHIP" SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX City of San Juan Capistrano PIRATION DATE THEREOF, THE ISSUING COMPANY WILL &�XdX*X At t n C Kathy MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO TNI:; 32400 Paseo Adelanto LEFT•@}�xgigkgq{��{gp�RRRY�Rx9LkkkX'd4i4lLl�9LT�n°kX4C$ San Juan Capistrano, CA 92675 g ACORD. PRODUCER STEPHEN ROMINE INSURANCE AGENCY 21300 Victory Blvd., Suite 280 Woodland Hills, CA 91367 (818) 999-2024 CO0E 3659/100 sue -CODE INSUNED 5100 ast La Palma Suite 202 Anaheim Hills, California 92806 09-12-89 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS `NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW ItECEIYED COMPANIES AFFORDING COVERAGE LETTER remont Compensation Insurance Com an �RK xr LETTER r,LETTERvn �rRaprl COMPANY LETTER i! COMPANY LETTER E THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. P TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS p DATE (MMIDD/YV) '>, DATE (MMATD/Y`n GENERAL LIABILITY GENERAL AGGREGATE j b I COMMERCIAL GENERAL LIABILITY y PRODUCTS-COMP/OPS AGGREGATE' E 4j CAMS MADE, OCCUR' ;PERSONAL &ADVEPTISING INJURY, -b OWNERS & CONTRACTOR'S PROT. EACH OCCURRENCE ( 6 FIRE DAMAGE (Any one fire)���� $ MEDICAL EXPENSE (Anyone person) : S i AUTOMOBILE LUIBILITY = j COMBINED SINGLE S AMY AUTO LIMIT ALL OWNED AUTOS i BODILY yff -INJURY1 $ i SCHEDULED AUTOS - i yi HIRED AUTOS 1 I i NON-OVNEO AUTOS i GARAGE LIABILITY t EXCESS LIABILITY - �{ 1 ! OTHER THAN UMBRELLA FORM WOWI]ER'S COMPENSATION AND VS 89-484084-01 07-15-89 07-15-90 EMPLOYERS' LIABILITY OTHER.... Ki FOR OPERATIONS OF INSURED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 32400 Paseo Adelanto EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILLXAAXT>fL San Juan Capistrano, California 92675 MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. i§bSiXIY➢It1P�C7fdIIddE�3XODIKII�iil�d 4A7AXXIkIIdI9F7CxS0A78XOC+7(XI16x7F7ft AUTHORIZED _REPRESENTATIVE ��-e .2 • /amVI_/'V A. B. i LIABILITY ENDORSEMENT CITY OF SAN JUAN CAPISTRAt#ftEIVED COMMUNITY REDEVELOPMENT AGENCY 32400 Paseo Adelarr�lV ?M fl9 San Juan Capistrano, Calff=,V 4675 3q ATTN: Insurance pppt _ NT' cIERK I�CITPAR Y OFTMSAN ENT POLICY INFORMATION JUAN CAPISTRANu Endorsement # 1. Insurance Company Fireman's Fund _; Policy Number MXC80179204 2. Policy Term (From) 5 25 8 To 5 25 90 ;Endorsement Effective Date 11/27/89 3. Named Insured Capistrano Enter rises & Seli man Western Ent. 4. Address of Named Insured 5100 E La Palma 202 Anaheim Hills Ca 92807 5. Limit of Liability Any One Occurrence Aggregate General Liability Aggregate (check one:) Applies "per location/project" Is twice the occurrence limit 6. Deductible or Self-insured Retention (Nil unless otherwise specifiedk $ NIL 7. Coverage is equivalent to: Comprehensive General Liability form GL0002 (Ed 1/73) C6006 1 Commercial General Liability "claims -made" form CG0002 AID 8. Bodily Injury and Property Damage Coverage is: "claims -made" X "occurrence" If claims -made, the retroactive date is POLICY AMENDMENTS This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows: 1. INSURED. The City and the Community Redevelopment Agency, its elected or appointed officers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased or used by the Named Insured. 2. CONTRIBUTION NOT REQUIRED. As rdspects: (a) work performed by the Named Insured for or on behalf of the City, or (b) products sold by the Named Insured to the City; or (c) premises leased by the Named Insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its elected or appointed officers, officials, employees or volunteers; or stand in an unluoken chain of coverage excess of the Named Insured's scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its elected or appointed officers, officials, employees or volunteers shall be in excess of this insurance and shall not contribute with it. (OVER) 3. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as: (1) . 1'r'Ihsurange SeSvices Office form number GL 0002 (Ed. 1/73), Comprehensive General Liability Insurince and Insurance Services Office form number GL 0404 Broad Form comprehensive General Liability endorsement; or (2) Insurance Services Office Commercial General Liability Coverage, 'occurrence" form CG 0061 or "claims -made" form CG 0002; or (3) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding sections (1) and (2). 4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respect to the Company's limit of liability. 3. PRfiMIONS REGARDING THE INSURED'S WEMES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City and the Community Redevelopment Agency, its elected or appointed officers, officials, employees or volunteers. 6. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail return receipt requested has been given to the City. Such notice shall be addressed as shown in the heading of this endorsement. C. INCIDENT AND CLAIM REPORTING PROCEDURE Incidents and claims are to be reported to the insurer at: ATTN: Stephen Romine Title Department Romine Insurance AQenc (Company) 21300 Victory Blvd. #280 Street Address Woodland Hills, CA 91367 City State Zip Cade (818) 999-2024 Telephone D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, Stephen Romine (print/type name), warrant that I have authority to bind the below listed insurance company and by my signatureheceon do so this company. SIGNATURE VDF AUTHORIZED REPRESENTATIVE (original oP signature required on endorsement furnished to the City) CRC,WIZATICN: „O�en�q�E.SlOSO�QANC! H%e*n4t-y TITLE: ACMESS: MEMM: ms) "Z.o2q