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1989-0207_GRESHAM, RICHARD & MARTHA_Improvement Agreement Titles $ COMPLETE THIS INFORMRTION: 92-631859 x Add. $ RECORDING REQUESTED BY: Ps@$ {;?;n.ORDED IN OFFICIAL RECORDS Lien Nt $ l`,t GRANGE COUNTY.CALIFORNIA FIND WHEN RECORDED Mfl11 T0: @$ 4:00 SEP 1 $ 1992 Other Pi1'i Total Q_cyfd,.r�,1LRecorder Rec.Fees $ D.T.T. PCOR SMF RDE-6 THIS SPRCE FOR RECORDER'S USE ONLY THIS PRGE ROBED TO PROVIDE RDEOURTE SPRCE FOR RECORDING INFORMRTION (fldditional recording fee applies) RECORDED AT THE REQUEST OF RECORDING FEES EXEMPT DUE Tb AND RETURN TO: GOVERNMENT CODE SECTION 6103 City of San Juan Capistrano City Clerk's Department Llvj 32400 Paseo Adelanto Cheryl�Ci Clerk San Juan Capistrano, CA 92675 City of San Juan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that an agreement between the City of San Juan Capistrano, California, RiLhard and Martha Gresham, 18 Terraza del Mar, Dana Point, CA 92629, subdivider of Parcel Map 85-328, and Scott Wellman, Jeff and Michael Bazyler, 1400 Quail Street, Suite 270 Newport Beach, CA 92660, developers of Parcel 2 of Parcel Map 85-328, Architectural Control 89-2, Capistrano Collections, requires the developer to complete the following, to wit: CONSTRUCTION OF PUBLIC STREET IMPROVEMENT (RIGHT-TURN DECELERATION LANE) IN CONJUNCTION WITH DEVELOPMENT OF ARCHITECTURAL CONTROL 89-2, CAPISTRANO COLLECTIONS, IN THE CITY OF SAN JUAN CAPISTRANO That said work was completed on September 15, 1992, by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano, as owner, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, at a regular meeting thereof held on the 15th day of September, 1992, by Resolution No. 92-9-15-2 That upon said agreement, the INSCO(DICO was surety for the bonds given by the said company as required by law for the public improvement (right-turn deceleration lane) in the amount of $45,744.00 Dated at San Juan Capistrano, California, this 16th day of September , 1992. Cheryl John n, y�Q/`� City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, do hereby certify under penalty of perjury that the foregoing Notice of Completion is true and correct, and that said Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Council. Dated at San Juan Capistrano, California, this 16th day of September , 1992. ��"Lest-c/lC �}vim Cheryl Johnso Ci Clerk City of San Juan Capistrano RECORDED OFFICIAL RECORDS 89--083118 41 OF ORANGEICOUNTY.CALIFORNIA EXEMPT 12:30 EEB 16 1989 CIO o4t. Q,r7gw.,4dRECORDER RECORDING REQUESTED BY AND RECORDING FEES EXEMPT DUE TO WHEN RECORDED RETURN TO: GOVERNMENT CODE SECTION 6103 City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 ARY A HANOVER, City Clerk m San Juan Capistrano, California PROJECT: PM 85-328 (Gresham) c, n ��zs AP #666-241-03 u ^� y o °'x - ., 27182 Ortega Hwy, SJC _ a.. IMPROVEMENT AGREEMENT cc =, 4 THIS AGREEMENT, made pursuant to the provisions of Division 2 of Title 7 of the Government Code of the State of California, by and between the City of San Juan Capistrano, a Municipal Corporation, hereinafter called the "CITY" and Richard Hart Gresham and Martha Ann Gresham, Trustees of the Gresham Living Trust, dated August 19, 1986, whose mailing address is 27182 Ortega Highway, San Juan Capistrano, California 92675, hereinafter called the "DEVELOPER". WITNESSETH : WHEREAS, the CITY has conditionally approved Parcel Map 85-328; and WHEREAS, THE DEVELOPER desires to subdivide a parcel of land shown on Parcel Map 85-328 into two parcels. NOW, THEREFORE, in keeping with the conditions imposed by the City in Resolution No. 87-12-t-2, the CITY and DEVELOPER agree as follows: 1. DEVELOPER shall, at its sole cost and expense, provide and furnish all labor, materials and equipment for the installation of improvements outlined in said Cii`r kesoiution No. 87-12-1-2. 2. DEVELOPER shall at its sole cost and expense, have prepared by a licensed civil engineer, plans and specifications for all improvements in the public right- of-way and said plans shall be subject to review and approval by the City Engineer. 3. DEVELOPER agrees to pay all applicable fees imposed by CITY's ordinance and resolutions as conditions of approval of Parcel Map 85-328 and the improvements therefor. 4. DEVELOPER shall provide the following surety, all of which shall meet the requirements of Chapter 5, Division 2, Title 7 of the Government Code: (a) a faithful performance surety in an amount equal to the total estimated cost of work for -1- ' PROMS: PM 85-328 (Gresham) 89=083118 improvements not to be dedicated to the CITY but inspected by CITY personnel; (b) a faithful performance surety equal to the total estimated cost of work and improvements to be dedicated to the CITY; (c) a labor and materials surety equal to the total estimated cost of work and improvements to be dedicated to the CITY securing payment to the contractor, any sub-contractors and persons providing equipment, labor and/or materials for and/or account of such improvements; and (d) a monumentation surety to insure installation of centerline ties. The surety bonds shall provide that CITY, as beneficiary, shall be entitled to attorney's fees in the event that CITY is required to bring legal action to enforce the terms of the surety. 5. The City Engineer of the City of San Juan Capistrano may make such changes, alterations or additions to the plans and specifications for said work and improvements which do not exceed ten percent (10%) of the total estimated cost set forth in paragraph 4 above, as may be determined necessary and desirable by him for the proper completion of said work and improvement or as required for the safety and welfare of the public and no such changes, alterations or additions shall relieve the DEVELOPER from the faithful performance of this agreement. 6. DEVELOPER agrees to complete all of said street work and improvement prior to requesting occupancy permits for any buildings or significant additions to existing buildings on Parcels 1 or 2. 7. DEVELOPER agrees that CITY may, without any notice, and at its sole option, at any time after the time for completion has passed, complete, or cause to be completed, all or any part of the said work, and DEVELOPER shall pay to said CITY, upon demand, all of the cost of any of said work done by the CITY, its agents and contractors, or any of them, to complete all or any part of said work. 8. DEVELOPER agrees to pay CITY such sum as the Court may adjudge as reasonable for the legal services of any attorney representing the CITY in any action brought to enforce or interpret the obligations of this instrument, and such sum shall be made a part of any judgment in such action against the DEVELOPER if such action is determined in favor of the said CITY. 9. CITY, its officers and employees, except for their own acts shall not be liable or responsible for any accident, loss or damage happening or occurring to the improvements specified in this agreement prior to the completion and acceptance of said :mprovemenzs by the CITY. 10. 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. it. 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 the DEVELOPER, his contractor, sub-contractors, agents or employees in the performance of this agreement. DEVELOPER/CONTRACTOR shall maintain liability insurance in the amount of $1,000,000 combined single limit at all times during the life of this agreement, naming the CITY as a co-insured. Said insurance shall be filed with the City Clerk. -2- PROJE: PM 85-328 (Gresham) 89-083118 IN WITNESS WHEREOF, the parties have executed this agreement as of February 7, 1989 Date CITY OF SAN JUAN CAPISTRANO GAR L. HA ORFER MAYOR AT-EST: DEVELOPER MARY HANOVER, CITY CLERK BY Richard Hart Gresham, Trustee APPROVED AS TO FORM: BY CKJU.'�'� art Ann Gresham, Trustee JOHNf. SHAW, CITY ATTORNEY -3- 89=083118 STATE OF CALIFORNIA ) OA ; ss: COUNTY OF QM On 6O 1989, before me, the undersigned, a Notary Public in and for said Sta , personally appeared RICHARD HART GRESHAM, per- sonally known to me (or proved to me on the basis of satisfactory evidence) to be the person that executed the within instrument as Trustee on behalf of the Gresham Living Trust, the Trust therein named and acknowledged to me that such 'Trust executed the within instrument pursuant to its Declaration of Trust. WITNESS my hand and official seal. (TI-MCIAL SEAT. NOT PUBLIC SEAL: DEVICE A. HAISLEY NOTAftYPL'CLiC-CALIFORNIA [is ORANGECOUNTY My Comm.Expires Aug 28,1991 a / - My Commission Expires - 89=083118 STATE OF CALIFORNIA ) ) ss: I COUNTY OF ) On 1989, before me, the undersigned, a Notary Public in and for said State, ersonally appeared MARTHA ANN GRESHAM, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person that executed the within instrument as Trustee on behalf of the Gresham Living Trust, the Trust therein named and acknowledged to me that such -frust executed the within instrument pursuant to its Declaration of Trust. WITNESS my hand and official seal. O7FICIAL SEAL DEPdICE A. HAISI.EY NOT PUBLIC SEAL: NOTARYi LGLI-,-CALIFORNIA ORANCE COUNTY soen My Comm.Expires Aug.26,1991 My Commission Expires i j i + 89=083118 , CORPORATE ACKNOWLEDGMENT NO,202 State of California On this the 7th day of February 19 89 ,before me, SS. County of Orange Mary Ann Hanover the undersigned Notary Public, personally appeared Gary L. Hausdorfer ® personally known tome ❑ proved tome on the basis of satisfactory evidence to be the person(p who executed the within instrument s . Mayor ml�rlicippal or on behalf of theAcorporatibn therein . OFFICIAL_ '�F^L i named,and acknowledged to me that the corporation executed it. MARY ANN HANOVER " WITNESS my hand and official seal NOTARY PUBLIC - CALIFORNIA ' ORANGE COUNTY �S � �� 4,0=' My comm. expires JUN 26, 19' Notary's Si lure 1120 122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd, • P.O.Box 4625 • Woodland Hills,CA 91365-4625 CORPORATE ACKNOWLEDGMENT NO zo2 State of California On this the 8th day of February 19 89 ,before me, SS. County of Orange Cheryl A. Johnson the undersigned Notary Public, personally appeared Mary Ann Hanover • OFFICIAL SEAL �1 Personally known tome "�? CHERYL A JOHNSON ❑ proved to me on the basis of satisfactory evidence © ` NOTARY PUBLIC - CALIFORNIA to be the personps)who executed the within instrument as . pp ORANG'_ COUNTY City Clerk oron behalf of the/corporati ratherein My comm. expires 4:'v 11, 1989, 1 - named,and acknowledged to me that the corporation executed it. WITN S-m��y�h�ann�ddaa-nnddoffici I al —LANotary's Signal e Tin 122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • PO.Box 4625 • Woodland Hills,CA 91355-4625 MEMBERS OF THE CITY COUNCIL KENNETH E.FRIESS JERRY HARRIS GARY L NAUSDORFER GIL JONES 1776 JEFFVASOUEZ CIN MANAGER GEORGE SCARBOROUGH October 23 , 1992 Mr. Scott Wellman Mr. Jeff Bazyler Mr. Michael Bazyler Coastside Financial Corporation 1400 Quail Street, Suite 270 Newport Beach, California 92660 Re: Release of Bonds - Completion of Deceleration Lane in Coniunction with Architectural Control 89-2 (Capistrano Collection) Gentlemen: Per City Council action of September 15, 1992 , the following bonds are hereby released as of today, October 23 , 1992 : BOND NO. PURPOSE AMOUNT 204661S Faithful Performance $45,744 2046615 Labor & Material $45, 744 Enclosed are certified copies for your records. If you have any questions, please do not hesitate to call me at 493-1171, extension 243 . Very truly yours, Dawn M. Schanderl Deputy City Clerk Enclosure cc: Cheryl Johnson, City Clerk Bill Huber, Director of Engineering & Building Tony Foster, Engineering Assistant Developers Insurance Company 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (7141 493-1171 Bond No:204661s SUBDIVOION FAITHFUb PFATOR2•iANCI OND Premium: $1,006.00 (GOVEPN2U-14T CODE 66499 . 1) STREETS, SEWER SUBDIVISION IMPROVEMENT dHEREAS, the City Council of the City of San Juan Capistrano, State of California, and _MT. HAEL J„ BAZYLER�JEFF BAZYLER, SCOTT W. WELLMAN (hereafter designated as "Principal") , have entered into a Sub- division Agreement whereby Principal agrees to install and complete certain designated public improvements , which said Agreement dated 19---, and identified as Project PM 85-328 , is hereby referred to and -made a part hereof; and WHEREAS , said Principal is required, under the terms of the said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, we , the Principal and DEVELOPERS INSURANCE COMPANY Yry � , as Surety, are held firmly bound unto the City of San Juan, Capistrano (hereafter called "Obligee") , in the Sum Of FORTY FIVE THOZ_At SEVEN HUNDRED FORTY FOUR AND N0/100 Dollars , lawful money of the Unrted states , .for the payment of which sum well and truly to be made, we bind ourselves , our heirs , Successors , executor., and administrators , jointly and severally, � firmly by these presents . NOW, THEREFORE , the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements , then the obligation shall be null and void; otherwise it shall remain in full force and effect . Surety waives any rights , if there by any, to require that a demand be made first against the Principal in the event or default . BE IT FURTHER RESOLVED: 1 . As a part of the obligation secured hereby, and in e-�ELEASED DATE /O-a EXHIBIT E wITIAL$/l.(.CW�1,/��,� �� � . Jrmdo�D CORPORATION ow STATE OF CALIFORNIA ORANGE SS. I J A COUNTY OF a On �' u ,before me,the undersigned,a Notary Public in and for said State, w a M. SOSKY ty perorally appeared = personally known to me (or proved to me on the basis of satisfactory evidence)to be the person who executed the within instrument as Attorney. IY in-Fac[on behalf of Developer insurance Company,the corporation thereinOFPI lIRGINIA INIA AL SEAL M. LOUMAN E„ named,and acknowledged to me[hat the corporation executed it. � 's"' t N WITNESS my hand and official seal. •'Ft ,y NJT1Rv PUBLIC CALIFORNIA c. PMNCiPAL OFFICE IN ORANGE COUNTY _// E p.Apr. D. 1993 Signature Ir'1(Kq 'e""A'A DIC 304(REV.2/85) This area for Official Notarial&01 INDIVIDUAL ACKNOWLEDGMENT NO.2DI s, State of n.1 l Irp i G On this the. _day of Q 066-r 19')�,before me, }SS. VI�Cl�� LA-i li-Brno County of 0 Chi'f,P ))) �lS' the undersigned Notary Public,personally appeared �t cik� t.1. h1e11 err n I i s htaP.) ."I' �ct z k e! �personallyknowntome arm 3C{C aaL..�ltf OFFICIALSEAL j WENUY HHI�N ❑ proved to me on the basis of satisfactory evidence J NOTARY PUBl1C-GLIf0RPM ! OROU couNfY to be the person(s)whose name(s) aC 1° subscribed to the aN Camm.Ewn w8.31,I993 within Instrument,and acknowledged that �"� e " executed it. WITNESS my hand and official seal. K - " x o asSignature ATTENTION NOTARY:Although the inionnatton requested below rs OPTRRiAL,it could prevent fraudulent attachment of tnis certificate to anpftthat document. THIS CERTIFICATE Title or Type of Document �rtt4- --zin wOV C M4�.4 BMd• MUST BE ATTACHED Number of Pages 01 Date of Document /0 —D L' TO THE DOCUMENT DESCRN3ED AT RIGHT: Signers)Other Than Named Above 7100-010 C NATIONAL NOTARY ASSOCIATION•8236 Rsrsnst Am.,P.O.B 7184-Csnotp sMk,CA 813047184 additign to the face toUnt specified, there shl.lbe included costs and reasonable expcnse:, and .fazes , including reasonable attorney ' s fees , incurred by City in successfully enforcing such obligation, all. to be taxed as zosts 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 documortq or of the work to be performed thereunder, shrill in any way afGect 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 woric to be performed thereunder . Executed this 26th day of OCTOBER 1990, , at ANAHEIM , California . PRINCIPAL MICHAEL J. BAZYLER, JEFF BAZLER, SCOTT W. WELLMAN (NOTARIZATI '£AL) SURETY DEVELOPERS INSURANCE COMPANY APPROVED AS TO I'ORM. (" BY �M. SO KY, torne in- cE—"` J L ShawOTARIZATION DSALitorney SUBDIVISION FAITHFUL PE11FORMANCE BOND • Bond No: 2046615 Premium included • RELEASED LABOR_ AND MATERIAL, BONI) DATE X.NOW ALL N:EN BY TRES% PRESENTS : That INITIALS ,� WHEi'ZEAS , the City o1' San Juan Capistrano, a municipal, corporation of Orange Count, , Cal ; f:orn?a, has awarded tC MSCHAEL J. BAZYLER, ' JEFF DAZYLER�SCOTT W. WELLMAN License No, _, hereinafter r� �- ` , contract � Project PM 85-328 esigrated a. 1 rinc:Lna� a _ _� _,_ Subdivision ; and Si=REAS, Said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or it:, aub-contractor: , shall fait to nay for any materials , prQvisions, px.-ove-.1der or other supplies or 'tean3 u:5ed in, upon, for or about the E>er..('okmzuicr_• o; ;-he work contracted to be done, or for .any work or labor done thereon of any kind , the surety or thi3 Mond will ray the name! , NOW, THEREFORE, W44TCHAEL J. BAZYL^ ER�JEFF BAZYLER�SCOTT W. WELLMAN Principal. , and DEVELOPERS INSURANCE COMPANY , .18 Surety are held firmly b�uid uutcl rile. a.ty v... �a.n JuaIL ap:>_at,:in.. , a2_nicipa_ co=partition, in the penal ,'c1L2 OfFORTY FIVE THOUSAND SEVEN HUNDREDFO"VIFtOS' {$45744.00 ) , lxkrj!ul money of 'u'.L—Unito , SLtItn or ivue�r_ica , for Dayment oL -Wh1 Ch 513121 W !I1 and to ul'r t+) b r[v3de 'RQ }7'-nd f.?Ur>N•1Vn_S , `+-'our heirs, executors, And succ.es.,ors , jointly and severally, fir.:zly by theca p..•_raent:s . THE CONDITION OF ilJ ti OBLIGATION i.s such that, it said Principal , his or its heirs, adm.inistrat:,I:s , successors or assigns , or sub-con tractor:+ , shall fail to Pay for any materials, provisions, provender, or teams, a-, otho.-_r supe Lie, or equipine%t Used in, upon, for or aaout the pew'formance_ of the work contracted to be done , or .for any work or Labor done there*an. of any kind , or for 4,mcunts due. undo:: the Unc;mplolerw rit Insurance Act with respect to such work. or labor as r[:c1uized by the provtsions of Titl-2 1 , Division 5 , Chapter 3 oe the Government Code of Cal:.fornia a3 attended, beat the suxe,•ty will pay for the :Same in an :unaunt not exceeding the shat :S Se Ci:i9d ir, this bond and also iI2 case su:at _s brought upon the bored, a reg +anabJ.0 attorney ' s fee to be fi:ccd by the court. This bond shall, inure to the bonefit. of any and all persons, compallies and corporations entitled to fila Claim.- under laimsunder said Stet, so as to +.live: a riejht of action to thele or their assigns in any suit brought upon this bond.. FURTHER, the said sic-ety , fvt value received, hereby 3tipulates and agmQes that no change , extension of time, altera- tion or modification of the contract documents or of the work to be performed thereunder shall in any way afEect its obligation on this bor:d and it does hereby waive Iu,t i.-_e ,f any such change, extension of time, altergt'.LOn or midi_ricat:ion of the contract documents or of work to te performed thereunder . -22- EXHIBIT B INDIVIDUAL ACKNOWLEDGMENT NO.231 st /� State of �Ci.�i'�or n i Cti On this the ��01 day of n Q,A-6ber 1990,before me, County of (�)ro c }SS \ , 1 enc, \ ,,, to the.undersigned Notary Public,personally appeared t �1 �d�t �v� x11W M[.Yl f i CX I i Z� i7G lu,GY' personally known to me -4^CA 3 2,eF 64Z,�{ O WENDY HILTON ❑ proved to me on the basis of satisfactory evidence !-A_J� NOTARrw{uc.cALlama olull9li courm to be the person(s)whose name(s) Self °� subscribed to the kN Camm.Olulaa Aa/.31.1193 within instrument,and acknowledged that executed it. le OFFICIAL SEAL WITNESS my hand and official seal. 1 WENDY HILTON N{TNlrnmuc GUFMtNta kgCOR""Coulay omm.LUWaAu{.31,1193 Notary's Signature ATTENTION NOTARY:Although the information requested bebw is OPTIONAL,it could prevent fraudulent attachment of this cwt to tanother document. THIS CERTIRCATE Title or Type of Document_ ` bdr 4; CA BTI I I Ac,— MUST BE ATTACHED Number of Pages Date of Document Cl— (. CI V TO THE DOCUMENT DESCRIBED AT RIGHT: Signers)Other Than Named Above 7100-010 C NATIONAL NOTARY ASSOCIATION•8736 Rennet Ave.•PO.Bos1184•Ctanpa PVk,Ck 913347164 CORPORATION DIM STATE OF CALIFORNIA ORANGE )SS. COUNTY OF I On ry ,before me,the undersigned,a Notary Public in and for said State, m M. SOSKY I personally appeared = personally known to me (or proved to me on the basis of satisfactory evidence)to be the person who executed the within instrument as Attorney- in-Fact on behalf of Developers Insurance Company,the corporation therein y<, named,and acknowledged to me that the corporation executed it. M° y / �; h1OFFICIAL SEAL WITNESS my hand and official seal. ! VIRGINIA M. L6UMAN nrROrA.RY M FM-CALIFORNIA M;WYrl.L OFFICE IN COINTY Signature_ J'r'c `h-�"'^ H7 YYI Av, F -'n fxp.Apr. 9, 1993 DIC 304(REV.2/65) This—for Wicia1 Notarial Seal • ' As a part. of thi:: obli,.Jati,?n L;i cured hereby, and in audition to Lhc .face amount specified therefor. , there shall be included Costs and reasondble expenses and fees , including reasonable ,:attorney ' s ICOS , incurrva by City in successfully enforcing such obligation, al.l to be taxed �ts cost's ..And included in any judgment rendered. IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes he deemed an original thereof, have boon duly Qxc_cuted by the Principal and surety herein named o1 the 26th day of October _ 1990 The name and corporate seal of each cornora.te party being Hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. MICHAEL J. BAZYLER, JEFF BAZYLER, - _. SCOTT W. Wellman ILL— PRINC i By_____ DEVELOPER5_jN5,jV C0 roM amy �.. SURETY Say; 4torney-' -Fact APPROVED AS TO FORM. %alz Jo R . Shaw J C' y Attorney �, -22a- IIOPOWER OF ATTORNEY OF N� 047202 MNITY COMPANY OF CALIFOs& AND DEVELOPERS INSURANCE COMPANY P.O. BOX 3343,ANAHEIM,CALIF. 92803 • (714)999-1471 NOTICE'. 1. All power and authority herein granted shall in any even-.':erminate on the 31st day of December, 1990. 2. This Power of Attorney is void if altered or if any portion i+erased. 3. This Power of Attorney is void unless the seal is readablethe text is in t rown ink,the signatures are in blue ink and this notice is in red Ink. 4. This Power of Attorney should not be returned to the Attorney(s)-In-Fant but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that,except as expressly limited. INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally,but not jointly,hereby make,constitute and appoints**DAVID L. MILLER, PAULINE M. MCLEAN, M. SOSKY, K. BECKNELL, LIANNE M. PAYSON, PAT PERAZA, MARY ELLEN LARA, ESMERALDA URENO, JOINTLY OR SEVERALLY'" the true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of each of said corporations as sureties,bonds,undertakings and contracts of suretyship in an amount not exceeding$1,500,000 in any single undertaking;giving and granting unto said Atforney(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revoca- tion: and all of the acts of said Attorneys)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship: Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds,guarantees of installment paper,note guarantee bonds,bonds on financial institutions,lease bands,insurance company qualifying bonds,self-insurer's bonds,fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney, qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assis- tant Secretary of the corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attor- ney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the tutu re with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS W HEREOF,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 2nd day of January, 1990. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By By ATTEST Gerald A.Sauvageau,President ATTEST y,P AYY Gerald A.Sauvageau,President tYsuq {0e pPP pR��f� r�i`e0.FOR��M1c Q r^ i OCT.0. c T o. YeR.27, c o By By Harry C.Crowell.Secretary Harry .Crowell,Secretary STATE OF CALIFORNIA) SS. COUNTY OF ORANGE ) On January 2, 1990,before me,the undersigned, a Notary Public in and for said State,personally appeared Gerald A.Sauvageau and Harry C.Crowell, personally known to me(or proved tome on the basis of satisfactory evidence)to be the persons who executed the within instrument as President and Secretaryon behalf of Indemnity Company of California and as President and Secretary on behalf of Developers Insurance Company,the Corporations therein named,and acknowledged to me that the corporations executed It. WITNESS my hand and official seal. OFFICIAL SEAL �^�w /?/ r,ra•�ar VIRGINIA M. LOUNIAN Signature NOTARY PUBLIC CALIFORNIA Notary Public s� PRINCIPAL OFFICE IN • i ORANGE COUNTY My Commission Exp.Apr.9, 1993 CERTIFICATE The undersigned,as Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Vice President of DEVELOPERS INSURANCE COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Anaheim,California,thisZ6th day of OCtOber , 1990. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE vimCOMPANY By —�lABy L.C.Fiebiger L.C�.Fiebig!e/r Senior Vice President �'�Y/�_T—/' w>W�Pjng`eYtpNAIsPRBlO.UaZR7p�,qr�� Senior Vice President ID-310 REV.12189 —% 10. RESOLUTION ACCEPTING IMPROVEMENTS RELEASE OF SURETY AND NOTICE OF COMPLETION FOR PROPERTY LOCATED AT 27184 ORTE A HIGHWAY. PARCEL MAP 85-328 (GRESHAAM) ARCHITECTURAL CONTROL 89-2 (CAPISTRANO COLLECTIONICOASTSIDE As set forth in the Report dated September 15, 1992, from the Director of Engineering and Building, the following Resolution was adopted: RESOLUTION NO 92-9-15-2. COMPLETION OF PUBLIC IMPROVEMENTS AND RELEASE OF BOND-AR CTt MAL CONTROL 89-2.CAPISTRANO COLLECTION/COASTSIDE FINAN AL / RESHAM (27184 ORTEGA HIGHWAY) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF A RIGHT-TURN DECELERATION LANE ASREQUIRED BY APPROVAL OF PARCEL MAP 85-328 (GRESHAM) AND AS CONSTRUCTED WITH THE DEVELOPMENT OF ARCHITECTURAL CONTROL 89-2 (CAPISTRANO COLLECTION/COASTSIDE FINANCIAL) The Resolution accepted the installation of a right-turn deceleration lane as complete, as conditioned on Parcel Map 85-328 and constructed with the development of Architectural Control 89-2. The City Clerk was directed to forward a Notice of Completion to the County Recorder,and staff was authorized to release the Faithful Performance and Labor and Material Bonds Numbered 2046615, in the amount of$45,744 thirty-five (35) days after recording the Notice of Completion. 11. RESOLUTION ACCEPTING PUBLIC STREET IMPROVEMENTS, RELEASE OF SURETY, AND NOTICE OF COMPLETION FOR PROPERTY LOCATED AT RANCHO VIEJO ROAD AT GOLF CLUB DRIVE TRACT 12954 (MARS ) (600, 1 As set forth in the Report dated September 15, 1992, from the Director of Engineering and Building, the following Resolution was adopted: RESOLUTION NO 92-9-15-3 ACCEPTANCE OF PUBLIC MEET IMPROVEMENTS AND TRAFFIC SIGNAL AT RANCHO VIEJO ROAD AND GOLF CLUB DRIVE AND RELEASE OF SURETY TRACT 12954(MARBELLA DEVELOPMENT COMPANY/FAIRWAY PROPERTIES COMPANY) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE INSTALLATION OF PUBLIC STREET IMPROVEMENTS AND TRAFFIC SIGNAL AT RANCHO VIEJO ROAD AND GOLF CLUB DRIVE AND RELEASE OF SURETIES - TRACT 12954 (MARBELLA DEVELOPMENT COMPANY/FAIRWAY PROPERTIES COMPANY) The Resolution accepted the public street improvements to Rancho Viejo Road at Golf Club Drive as complete. The City Clerk was directed to forward a Notice of Completion to the County Recorder, and staff was authorized to release the Labor and Materials Bond and Performance Bonds Numbered NA 100645, in the amount of$205,000 thirty-five (35) days after recording the Notice of Completion. -4- 9/15/92 AGENDA ITEM September 15, 1992 TO: Stephen B. Julian, City Manager FROM: William M. Huber, Director of Engineering & Building SUBJECT: Adopt Resolution Accepting Improvements and Authorizing Release of Surety and Filing of Notice of Completion, PM 85-328 (Gresham), AC 89-2 (Capistrano Collection/Coastside Financial), 27184 Ortega Highway RECOMMENDATION By motion, adopt the Resolution that: 1. Accepts public street improvements required with approval of Parcel Map 85-328 and constructed with the development of AC 89-2; 2. Authorizes release of corresponding bond ($45,744); and 3. Authorizes the City Clerk to file the Notice of Completion with the County Recorder. SITUATION A. Summary and Recommendation Coastside Financial Corporation is requesting that their improvement bond be released. The bond was to insure construction of the right-turn deceleration lane serving their development, Capistrano Collections. Staff has inspected the street improvements and recommends they be accepted and the bond exonerated. B. Background In February of 1989, the City entered into an Improvement Agreement with Richard and Martha Gresham. The Greshams had requested approval of Parcel Map 85-328, creating two parcels, one for the existing Forester Mansion, the other for the proposed Capistrano Collections. The Agreement insures installation of a right-turn deceleration lane on Ortega Highway. After map approval, Mrs. Gresham sold the vacant parcel to Scott Wellman and Jeff and Michael Bazyler of Coastside Financial, developers of Capistrano Collections. The Gresham Improvement Agreement runs with the land, therefore Coastside Financial became responsible for installation of the right-turn deceleration lane. Messrs. Wellman and Bazyler supplied a bond in the amount of $45,744 to insure completion of the improvements to Ortega Highway FOR CITY COUNCIL AGEND�N / AGENDA ITEM • • September 15, 1992 Page 2 COMMISSION/BOARD REVIEW, RECOMMENDATIONS Not applicable. FINANCIAL CONSIDERATIONS There is no cost to the City by this action. NOTIFICATION Coastside Financial (Scott Wellman, Jeff and Michael Bazyler) Richard and Martha Gresham ALTERNATE ACTIONS 1. Adopt the Resolution. 2. Do not adopt the Resolution. 3. Request additional information from staff. RECOMMENDATION By motion, adopt the Resolution that: 1. Accepts public street improvements required with approval of Parcel Map 85-328 and constructed with the development of AC 89-2; 2, Authorizes release of corresponding bond ($45,744); and 3. Authorizes the City Clerk to file the Notice of Completion with the County Recorder. Re�sppJecttf lly submitted, ///" te William M. Huber, P.E. WMH/RAF:cl Attachments: Location Map Resolution Notice of Completion RESOLUTION NO. 92-9-15-2 COMPLETION OF PUBLIC IMPROVEMENTS AND RELEASE OF BOND - ARCHITECTURAL CONTROL 89-2, CAPISTRANO COLL CTION COASTSIDE FINANCIAL GRESHAM 27184 ORTEGA HIGHWAY A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF A RIGHT-TURN DECELERATION LANE AS REQUIRED BY APPROVAL OF PARCEL MAP 85-328 (GRESHAM) AND AS CONSTRUCTED WITH THE DEVELOPMENT OF ARCHITECTURAL CONTROL 89-2 (CAPISTRANO COLLECTION/ COASTSIDE FINANCIAL) WHEREAS, on the 7th day of February, 1989, the City of San Juan Capistrano has entered into an Improvement Agreement with Richard and Martha Gresham, 18 Terraza del Mar, Dana Point, California, 92629, for the installation of a right-turn deceleration lane to serve Parcels 1 and 2 of Parcel Map 85-328; and, WHEREAS, Parcel 2 was subsequently sold to Coastside Financial Corporation, developers of Architectural Control 89-2, Capistrano Collection, which included installation of the subject street improvement; and, WHEREAS, Coastside Financial has requested acceptance of said street improvements. NOW, THEREFORE, the City Council of the City of San Juan Capistrano, does resolve as follows: SECTION 1. That the work required to be performed by said developer has been completed. SECTION 2. That the work is hereby accepted and approved and the Faithful Performance and Labor and Material bonds numbered 2046615, in the amount of $45,744, submitted as surety for installation of said public improvement, may be released 35 days after recording of a Notice of Completion. SECTION 3. The City Clerk is directed to forthwith forward a "Notice of Completion" to the County Recorder of the County of Orange for recording. PASSED, APPROVED, AND ADOPTED this 15th day Of September , 1992. GIL JOfyE , Y ATTEST: ` CITY CLE V -1- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) 1, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 92-g- is-2 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 15th day of .SPntPmher , 1992, by the following vote: AYES: Councilmen Friess, hausdorfer, Harris, Vasquez and Mayor Jones NOES: None ABSTAIN: None ABSENT: None (SEAL) CHERYL JOMSQN, CITY CLERK -2- AGENDA TTEM February 7, 1989 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Approval of Improvement Agreement and Final Map 85-328 (Gresham) SITUATION Martha Gresham has submitted the above referenced map in order to subdivide her property into two parcels, one containing the Forster Mansion, the other a vacant parcel for future commercial development. Included in the item is an improvement agreement for construction of a right-turn deceleration lane at the project entrance and Ortega Highway. This lane is to be completed prior to issuance of occupancy permits for any new buildings or additions to the Forster Mansion. This improvement was a condition of approval of Tentative Map 85-328 (Resolution #87-12-1-2). The Engineering Division has reviewed the Final Map and found it to be in conformance with the Subdivision Map Act and the conditions required by the Tentative Map approval, Resolution 87-12-1-2. NOTIFICATION Martha Gresham, Property Owner Christiansen Engineering, Project Engineer COMMISSION/BOARD REVIEW, RECOMMENDATIONS The Tentative Map was reviewed by the Environmental Review Board, the Traffic and Transportation Commission, and the Planning Commission. FINANCIAL CONSIDERATIONS All fees required prior to approval of the map have been paid. ALTERNATE ACTIONS 1. Approve Final Map 85-328 and the Improvement Agreement for improvements to Ortega Highway. 2. Do not approve Final Map 85-328 or the Improvement Agreement. 3. Request further information from Staff. l FOR CITY COUNCIL AGEND AGENDA ITEM • • Date Page 2 RECOMMENDATION By motion, approve Final Map 85-328, based on the finding that the Final Map is in substantial conformance to the Tentative Map. Authorize the City Engineer and the City Clerk to execute the map and request that the City Clerk record the Map. By motion, approve the improvement Agreement for improvements to Ortega Highway. Authorize the Mayor and City Clerk to execute the documents and request the City Clerk record the documents. Respectfully submitted, W. D. Murphy WDM/RAF:nb 972 IL I -4 � p � \,Ly\f alloo I 15'k ' Z'p Z Mat—,\rte � � w ' o lbM SIdVO s 001 3191l 1 " c 3122 NpD� � N qh0 � N2 31 00 31 '1 y m =Z Z U MATANZA Si 9 2 2 32052 O a � 2yg1 5pepz--- n114 11502 1L ^ go ZDV dye ❑ I r p LA CALERA 3T. 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( IF ISSUED AFTER THE EFFECTIVE DATE) : 1 EFFECTIVE DATE: 10-26-90 POLICY NUMBER: CCP 125244 ISSUED TO: CITY OF SAN JUAN CAPISTRANO THIS ENDORSEMENT MODIFIES THE FOLLOWING POLICY COVERAGE FORMS: COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM THE INSURANCE PROVIDED BY THIS POLICY FOR THE BENEFITS OF CITY OF SAN JUAN CAPISTRANO SHALL BE PRIMARY INSURANCE AS RESPECTS ANY CLAIM, LOSS OR LIABILITY ARISING OUT OF THE NAMED INSURED'S OPERATIONS, OR BY ITS SUBCONTRACTORS FOR WHICH MICHAEL BAZYLER, ET AL IF FOUND TO BE LIABLE AND WHICH APPLIES TO THE SPECIAL CONTRACT UNDER WHICH CITY OF SAN JUAN CAPISTRANO HAS AGREED TO PERFORM SPECIFIC OPERATIONS. ANY OTHER INSURANCE MAINTAINED BY THE CITY OF SAN JUAN CAPISTRANO SHALL BE EXCESS AND NON-CONTRIBUTORY WITH THE INSURANCE PROVIDED BY THIS POLICY. GE CG 827 ( 02-89) GE