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1990-0127_SEASIDE RANCHOS_Reimbursement Agreement 92- 164 081 , Titles $ RECORDED IN OFFICIAL RECORDS @$ ' " S OF ORANGE COUNTY,CALIFORNIA Add. $ 2:0P.M. MAR 1 8 1992 Pq� Ll•n Nt $ Recorder Other $ Fees $Z3' WCORIS RIDE-8 Recording Requested by and When Recorded Mail To: City of San Juan Capistrano Attention City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Assessor's Parcel: 668-241-15, 16, 24 Portion of Lot 31, Tract 103 Project: AC 88-9, AC 89-9 REIMBURSEMENT AGREEMENT THIS REIMBURSEMENT AGREEMENT is made by and between the City of San Juan Capistrano, hereinafter referred to as "City" and Seaside Ranchos, a California Corporation, herein referred to as "Developer"/Owner. RECITALS Whereas, City has granted approvals for AC 88-9 (PC Resolution No. 89-1-10-2) and AC 89-9 (PC Resolution No. 90-2-13-1), Dolley/Seaside Ranchos; and Whereas, Conditions of Approval for AC 88-9 and AC 89-9 require Developer to design and construct certain improvements to mitigate the impacts caused by his development and be reimbursed in part for those certain improvements; and Whereas, City requires that those certain improvements as outlined hereafter, be constructed conjointly with his development; NOW, THEREFORE, BE IT RESOLVED between City and Developer as follows: Sertion 1. Developer shall d^^:g^ and construci, simultaneously with this project and subject to reimbursement as outlined herein, the following: Seaside Ranchos/ SHARE EST. EST. TOTAL DOLLEYSUBJECT DOLLEY REIMB. /fFACILITY EST. COST % TO REIMB. SHARE SHARE 5a. (Per PC Resos. $100,000 20% 80% $20,000 $80,000 89-1-10-2 & 90-2-13-1) Ave. Golondrina & Camino Capistrano Improvements 5b. Traffic Signal (a 105,000 20% 80% 219000 84,000 Golondrina & Camino Capistrano 5c. Signai Modif. 70,000 13,2% 86,8% 9,240 60,760 Street Imprvmnts Del Obispo between Camino Capistrano and Plaza Street TOTALS: $275,000 $50,240 $224,760 REIMBURSEMENT AG i MENT Robert C. Dolley Page 2 The above dollar figures are estimates only subject to final cost bids approved by the City Engineer. Section 2. Developer designed plans shall be submitted to the City Engineer for his review and approval prior to construction. Developer shall submit faithful performance and labor/material bonds in the amount of the low bids prior to beginning construction for projects covered by reimbursement. Section 3. Time Frame for Construction of Improvements The Developer has entered into a Construction Agreement for installation of the signal with Mercer Construction Co., whose mailing address is: 18265 Gale Avenue, City of Industry, CA 91745. By letter, dated February 11, 1992, on file with the City Engineer, Mercer has estimated delivery of materials by early April, 1992, with a thirty- day construction period. With proof of good cause, this date may be extended at the discretion of City Engineer after notification to the City Council. Section 4. Reimbursement to Developer Developer shall be permitted reimbursement, in the percentage described as SHARE SUBJECT TO REIMBURSEMENT in Section 1 hereof, of the total actual costs set forth in the final construction bids for each facility subject to reimbursement. The timing of reimbursement payments will be according to actual proration contributions from other developments within the City whose Environmental Impact Report indicates traffic impacts to the Golendrina/Camino Capistrano intersection in conformance with the City Fair Share Policy No. 114 attached hereto for reference, as Exhibit A. Section 5. This agreement shall run for a period of fifteen (15) years, after which time it may be extended for an additional five (5) years per Council Fair Share Policy 114. Otherwise, this agreement becomes null and void after fifteen (15) years. Section 6. Liability/Indemnification Developer holds City and its elected and appointed officials harmless from any claims or liabilities that may arise out of Developer's construction of improvements described in this Agreement. City holds Developer and its officers harmless from any claims or liabilities that may arise out of any improvements constructed by City or any operations and maintenance of the improvements by City. Developer agrees to maintain liability insurance in the following amounts: I. Comprehensive General Liability. Developer shall maintain, in full force and effect, comprehensive general liability coverage, including premises operations, products/completed operations, broad form property damage and blanket contractual • REIMBURSEMENT AGOMENT f Robert C. Dolley Page 3 liability in the following minimum amounts: $1,000,000 property damage; $1,000,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. II. Worker's Compensation. If Developer employs employees or subcontractors t perform services under this Agreement, Developer shall obtain and maintain, during the life of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. These above stated policies shall not terminate nor shall they be cancelled nor the coverage reduced until after 30 days' written notice is given to the City. Developer shall provide an endorsement to City establishing that City has been legally added as an additional insured to the liability policy required under this Agreement. Section 7. Surety Bonds. The Developer has submitted a letter of credit (#I-497867, Security Pacific Bank) in the amount of $170,893 to insure completion of the required improvements. Should final bid estimates vary by more than 15%, an additional letter of credit shall be submitted for the additional amount. Section 8. Force Majeure. None of the parties hereto shall be deemed to be in default if performance of the obligations required by this Agreement is delayed or becomes impossible because of any act of God, earthquake, fire, strike, sickness, accident, civil commotion, epidemic, act of government, its agencies or officers, or any legitimate cause beyond the control of the parties. Section 9. Notices. All notices, requests, demands, consents and other communications under this Agreement shall be in writing, including telex and facsimile transmission, and shall be deemed to have been duly given on the date of service is served personnaly, by telex, or facsimile transmission or 48 hours after mailing if mailed by first-class mail, registered or certified, postage prepaid, return receipt requested, and properly addressed as follows: To: Mr. Robert C. Dolley 1441 Irvine Boulevard, Suite 205 Tustin, CA 92680 From: City of San Juan Capistrano Attn: City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 REIMBURSEMENT AGROPMENT Robert C. Dolley Page 4 Section 10. Assignment. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective representatives, assigns and successors in interest. Section 11. Entire Agreement. This Agreement contains the entire agreement between the parties hereto and supercedes any prior or concurrent written or oral agreement between said parties concerning the subject matter contained herein. There are no representations, agreements, arrangements or undertakings, oral or written, between or among the parties hereto relating to the subject matter contained in this Agreement, which have not been fully expressed herein. t Date: ROBERT'C.-DOLL-EY, PRESIDENT SEASIDE RANCHOS, A CALIFORNIA CORP CITY OF CAPISTRANO 7> GIL JONES, MAYOR ATTEST: CHERYL JOHNSON, CITY CLERK REVIEWED BY CITY ATTORNEY AS TO FORM T OMAS P. CL K v STATE OF CALIFORNIA E COUNTYOF 621a,x,e SS. C ^ - FOR NOTARY SEAL OR STAMP d7 da of _j ANIn o mlhe year I Cl On this. y y• ��, s before me,the undersigned,a Notary Public in and f r said County and State, personally appeared Qn1Ton-1 (y .L�ot�.! and Q�rZC=fir personally known to m�ved) GLENNA R. REB m to me onthe basis ofsatisFactory evidence)tube the person(s)who executed the ® �y •�- 0 a within Instrument as fresidcntand Secretary oron ORANGE DIY behalf of the corporation therein named and acknowledged to me that the My Gam.awsu A4 12.1 corporation executed it. m m o �L%J Signature Z G Notary Public in and for said County and State ALL-PURPOSE ACKNOWLEDGMENT NO 209 State of Z 4Z CAPACITY CLAIMED BY SIGNER County ❑ INDIVIDUAL(S) ! /- kORPORATE,� On T/before me,�/��!!� /7 • V�jj ��1 OFFICER(S) Ud2t- DATE NTITLE OF OFFICER-E.G.."JANE DOE.NOTARY PUBLIC" ❑ PARTNER(S) personally appeared �/1 _ n,Qf5 ❑ ATTORNEY-IN-FACT NAMEr,S1 of SIGNER(S) ❑ TRUSTEE(S) personally known to me- OR - ❑ proved to me on the basis of satisfactory evidence ❑ SUBSCRIBING WITNESS / to be the personls} whose named is/afe subscribed to the within instrument and ac ❑ GUARDIAN/CONSERVATOR OFFICIAL SEAL knowledged to me that he/s4&4hey executed ❑ OTHER:— CHERYL A. JOHNSON the same in his/hauthorized m ;Y NOTARY PUBLIC -CALIFORNIA OMNGE COUNTY capacity(4"), and that by his/herMTeir s My comm, expires DEC 13, 1993 signatureW4on the instrument the person(*, ortheentity upon behalf ofwhichtheperson{s} SIGNER IS REPRESENTING: NAME OF PERSON S) R ENTRYIIESI acted, executed the instrument. Witness my hand and official seal. GNATURE NOTARY e_j ATTENTION NOTARY:ANhough the information requested below is OPTIONAL,it u10 prevent fraudutent attach'menntof this cern icate to unauthorized document. THIS CERTIFICATE Title or Type of Docu entnrLaurslrnv._.r.Fl96Yn16 —/}G ��— `°4 4-y MUST BE ATTACHED / TO THE DOCUMENT Number of Pages Date of DOCume 7i DESCRIBED AT RIGHT: Signers) Other Than Named Above��-_/ ©1991 NATIONAL NOTARY ASSOCIATION•8236 Remmm Ave.•P.O.Box 7184•Canoga Park,CA 91304-7164 CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Pae Date Number "FAIR SHARE" METHODOLOGY do DEVELOPER REIMBURSEMENTS 1 of 2 7(L6/91 114 It is the policy of the City Council that the method for determining developers' "Fair Share" improvement costs and reimbursements shall be as follows: The purpose of a "Fair Share" arrangement is to equitably distribute costs for infrastructure development among future development creating the need for improvements to the infrastructure. Systems Development Tax should not be utilized to supplement new development as its intent is to offset the City's cost for the existing infrastructure (M.C. Section 3-3.501). To this end, the following guidelines are established to provide a more equitable distribution of costs. 1. All improvements immediately adjacent to a development or improvements which directly support a particular development (i.e., driveway entrance signalization) shall be borne 100% by the development. 2. All off-site improvements will be "Fair Shared" based on the following criteria: a. "Fair Share" will be developer's percentage of costs based on the percent of traffic generated by the project relative to the future projected traffic generation within the traffic impact study area from potential development within the City. b. Existing traffic will not be considered in the calculations. c. Traffic will be based on 2010 projected traffic volumes from future development. Where volumes are not available or inconsistencies exist, the traffic volumes will be approved by the City Traffic Engineer as determined by a traffic report prepared by the City at developer's expense. d. Through traffic will not be included in the calculations. Through traffic will be discounted as a percentage of the future volume and may range from 10% on up, dependent upon a particular street as approved by the City Traffic Engineer. City shall include, in its traffic study, the amount of through traffic for the City Traffic Engineer's review and approval. 3. Impacts less than 5% will not be considered for participation as a "Fair Share". Exhibit A CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number "FAIR SHARE" METHODOLOGY do DEVELOPER REIMBURSEMENTS 2 of 2 7/16/91 114 4. Developer may enter into a reimbursement agreement whenever it is required that improvements are to be "Fair Shared". Reimbursement agreements may include pay-back from future development that is also "Fair Shared" into the same improvements. Reimbursement agreements shall not include any requirements for the City to pay for future reimbursements should future development not occur. Reimbursement agreements shall run for a period not to exceed fifteen (15) years. Renewals shall only be considered if a development providing reimbursement is imminent. In no case shall a renewal exceed five (5) years and it shall be limited to one (1) renewal. 5. Existing reimbursement agreements. Where developers have entered into reimbursement agreements with the City to provide necessary improvements benefiting future development, the future development shall contribute its "Fair Share" exclusive of the City's System Development Tax. 1f!l0/ SECOND ,oEQUEST - Bank of America j s'. t STANDBY LETTER OF CREDIT 45655 3 9 Trade Finance Services — Co FEBRUARY 25, 1993 ^_ rM CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CALIFORNIA 92675 ATTN: STEPHEN B. JULIAN, CITY MANAGER OUR LETTER OF CREDIT NO. LASB-216156 APPLICANT: SEASIDE RANCHOS A CALIFORNIA CORP. GENTLEMEN: WE HAVE RECEIVED THE ORIGINAL LETTER OF CREDOT FOR CANCELLATION. AS THE LETTER OF CREDIT IS IRREVOCABLE, YOUR AGREEMENT IS NEEDED. PLEASE-SIGN AND RETURN THE DUPLICATE COPY OF THIS LETTER, SIGNIFYING YOUR AGREEMENT TO CANCEL SUBJECT LETTER OF CREDIT. SINCERELY, RUTH S. GRIJAL AUTHORIZED OFF CER (213)345-6630 WE ARE IN AGREEMENT TO CANCELIATION.OF LETTER OF CREDIT NO. LASB-216156 SIGNED TITLE: DATE Bank of America National Trust and Savings Association 333 South Beaudry Avenue Los Angeles,California 90017 PLEASE DATE, SIGN AND RETURN T(.A CITY CLERK'S DIVISION. ,i� A ('y a THANK YOU. A MEMBERS OF THE CRY COUNCIL COLLENE CAMPBELL GARY L HAUSDORFER �1{E GILJONES moPorrnr CAROLYN NASH a (f1111If111 1961 JEFF VASQUEZ 1776 • • CITY MANAGER GEORGE SCARBOROUGH February 18, 1993 Mr. Robert Dolley Seaside Ranchos 1442 Irvine Blvd., Suite 205 Tustin, California 92600 Re: Release of Letter of Credit - Traffic Si nal Im rovements - Camino Capistrano Avenida Golondrina Seaside Ranchos Dear Mr. Dolley: Attached is your Letter of Credit No. I-97867, issued by Security Pacific National Bank, in the amount of $170,893.00. Said Letter of Credit was given to the City as security for the traffic signal improvements located at Camino Capistrano and Avenida Golondrina. Work has been completed to the satisfaction of the City of San Juan Capistrano and the Letter of Credit is hereby released. If you have any questions, please do not hesitate to call. —*T rn CUP Ve�1r/gy� truly yours, c ry Crn) rn Dawn M. Schanderl vnm� r m Deputy City Clerk z 2 y {♦D l Attachment cc: Theodore Simon, City Engineer R. Anthony Foster, Engineering Assistant Security Pacific National Bank This is to acknowledge that I have received the Letter of Credit No. 1-97867 issued by Security Pacific National Bank in the amount of $170,893.0 . Mr, ober[ Dolley, aside Ranchos Dated this IV day of February, 1993. 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 499.1171 in the amount of $32 , 140 to prepare the City' s Local Pavement Management Program. APPROVAL OF TRAFFIC SIGNAL REIMBURSEMENT AGREEMENT - CAMINO CAPISTRANO AT AVENIDA GOLONDRINAS. ARCHITECTURAL CONTROL 88-09/ARCHITECTURAL CONTROL 89-09 (DOLLEY/SEASIDE RANCHOS) (600. 60) Written Communication: Report dated February 18, 1992, from the Director of Engin- eering and Building, forwarding a request from Seaside Ranchos for a Reimbursement Agreement. The proposed agree- ment would allow Seaside Ranchos to be repaid a portion of the costs for the installation of a traffic signal at the intersection of Camino Capistrano and Avenida Golondrinas by any development which increases traffic at the intersection in excess of 5%. Approval of Reimbursement Agreement: It was moved by Councilman Hausdorfer, seconded by Councilman Friess, and unanimously carried that the Reimbursement Agreement for the installation of a traffic signal at the intersection of Camino Capistrano and Avenida Golondrinas be approved. The Mayor and City Clerk were directed to execute the Agreement, and the City Clerk was authorized to record the document with the County Recorder. 3 . APPROVAL OF FUNDING CONTRACT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR TASKS RELATED TO THE SAN JUAN CAPISTRANO RAILROAD BRIDGE PROJECT (600. 50) Written Communication: Report dated February 18, 1992, from the Director of Engin- eering and Building, recommending that an agreement be entered into with Caltrans to secure additional funding for supplemental tasks related to the Railroad Bridge over San Juan Creek project. Acceptance of Agreement: It was moved by Councilman Friess, seconded by Councilman Hausdorfer, and unanimously carried that the Agreement with the California Department of Transportation be accepted for the procurement of funding for supplemental tasks related to the Railroad Bridge over San Juan Creek project. The Mayor was authorized to execute the Agreement on behalf of the City. -14- 2/18/92 AGENDA ITEM February 18, 1992 TO: Stephen B. Julian, City Manager FROM: William M. Huber, Director of Engineering & Building SUBJECT: Approval of Signal Reimbursement Agreement; AC 88-9, AC 89-9; Dolley/Seaside Ranchos; Camino Capistrano/Avenida Golondrina RECOMMENDATION By motion, approve the Reimbursement Agreement for installation of a traffic signal at the intersection of Camino Capistrano and Avenida Golondrina. Direct the Mayor and City Clerk to execute the Agreement and authorize the City Clerk to record the document with the Orange County Recorder's Office. SITUATION A. Summary and Recommendation The referenced projects were conditioned to install traffic signal at the intersection of Camino Capistrano and Avenida Golondrina. The developer, Seaside Ranchos, has requested a Reimbursement Agreement whereby they will be repaid a portion of the signal cost by any development whose project increases traffic at the intersection in excess of 5 per cent. This agreement will be in effect for 15 years with a possible five-year extension should there be a pending development that would add the required amount of traffic to the intersection. Seaside Ranchos has entered into an agreement for signal installation with Mercer Construction Company. By letter, dated February 11, 1992, Mercer has estimated delivery of materials by early April, with a thirty-day construction period. Staff recommendation is to approve the Resolution of Approval of the Reimbursement Agreement. B. Background Traffic volumes for the referenced projects indicated the necessity for installation of a traffic signal at the intersection of Camino Capistrano and Avenida Golondrina. The Planning Commission approval of the project conditioned that the signal be installed. COMMISSION/BOARD REVIEW, RECOMMENDATIONS Not applicable. FOR CITY COUNCIL AGEN � /_ AGENDA ITEM • • ' February 18, 1992 Page 2 FINANCIAL CONSIDERATIONS Reimbursement is made by future developers, not by the City. However, a previous Owner Participation Agreement with the neighboring Johnson/Yu Home Furnishing Center (AC 88-8) provides for the Redevelopment Agency to reimburse or pay certain fees including their pro rata share, $9,975, of the Camino Capistrano/Golondrina signal. This portion of the signal will be reimbursed to Dolley upon its completion. NOTIFICATION Dolley/Seaside Ranchos ALTERNATE ACTIONS 1. Approve the Traffic Signal Reimbursement Agreement. 2. Do not approve the Agreement. 3. Request additional information from staff. RECOMMENDATION By motion, approve the Reimbursement Agreement for installation of a traffic signal at the intersection of Camino Capistrano and Avenida Golondrina. Direct the Mayor and City Clerk to execute the Agreement and authorize the City Clerk to record the document with the Orange County Recorder's Office. Respectfully submitted, �� William M. Huber, P. WMH/RAF: cl Attachments: Reimbursement Agreement Location Map DEL �QO �G AC 88-9 Dolley LOCATION MAP SECURITY PACIFIC NATIONAL BANK INTERNATIONAL BANKING GROUP t�3- SA5-Z4tsf POST OFFICE BOX 92890 LETTER OF CREDIT NO. I-97867 LOS ANGELES, CALIFORNIA 90009 TELEX : 67-4343 IRREVOCABLE CABLE : SEPACBANK, LOS .ANGELES STANDBY CREDIT SWIFT : SPNBUS66 PLACE AND DATE OF ISSUE DATE AND PLACE OF EXPIRY LOS ANGELES, CA, FEB 8, - 1990 FEB 1 , 1991 AT/ IN LOS ANGELES, CA MAIL CODE : W20-20 ADVISING BANK : APPLICANT : SEASIDE RANCHOS, A CALIFORNIA CORPOTATIOIN, 1442 IRVINE BLVD. SUITE 205 TUSTIN , CA . 92680 EENEFICIARY : AMOUNT : USS170,893 .00 CITY OF SAN JUAN CAPISTRANO ONE HUNDRED SEVENTY THOUSAND EIGHT 32400 PASEO ADELANTO HUNDRED NIiNETY THREE AND 00/100 SAN JUAN CAPISTRANO , CA 92675 UNITED STATES DOLLARS ATTN : STEPHEN B . JULIAN , CITY MANAGER RELEASED CREDIT AVAILABLE BY : PAYMENT, AGAINST PRESENTATION OF DATE 2 '6 9 3 THE DOCUMENTS DETAILED HEREIN AND OF /���,�, YOUR DRAFT (S ) AT SIGHT DRAWN ON Wrrms/v1.a CURITY PACIFIC NATIONAL BANK LOS �.. GELES, CALIFORNIA THIS LETTER OF CREDIT IS ISSUED TO FULFILL THE REOUIREiMENTS OF THAT CERTAIN AGREEMENT ENTERED INTO BETWEEN THE CITY OF SAN JUAN C.APISTRANO, A POLITICAL SUBDIVISION OF THE STATE OF CALIFORNIA, 'HEREINAFTER REFERRED TO AS "CITY", AND SEASIDE RANCHOS, A CALIFORNIA CORPORATION HEREINAFTER 9FFPRAFII Tn AR "PRTNCIPAL-" COVERING CERTAIN IMPROVEMENTS TO BE INSTALLED SECURITY PACIFIC NATIONAL BANK INTERNATIONAL BANKING GROUP PAGE 2 POST OFFICE BOX 92890 LETTER OF CREDIT NO. I-97867 LOS ANGELES , CALIFORNIA 90009 TELEX : 67-4343 IRREVOCABLE CABLE : SEPACBANK, LOS ANGELES STANDBY CREDIT SWIFT: SPNBUS66 CREDIT . THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1983 REVISION) INTERNATIONAL CHAMBER OF COMMERCE , PUBLICATION N0 . 400 ("UCPA") , AND TO THE UNIFORM COMMERCIAL CODE OF THE STATE OF CALIFORNIA ("UCC") . IN THE EVENT OF ANY CONFLICT BETWEEN THE UCPA AND THE UCC, THE UCC SHALL PREVAIL AND CONTROL . AUTHORIZED SIGNATURE JESSE LEE - Assistant Vice President NERAL SIGNATURE RESOLUI.V RESOLVED THAT, Instruments, documents or agreements relating to or affecting the property or business and affairs of this Bank, or of this Bank when acting in any representative or fiduciary capacity, may be executed in its name, with or without its corporate seal, by the persons hereinafter designated. For the purposes of this resolution, the term "Senior Officer" shall mean: the Chairman of the Board, President, Vice Chairman of the Board, Chairman of the Executive Committee, any Vice Chairman, any Managing Director, any Vice President (including any Executive Vice President, any Senior Vice President or any First Vice President), Principal, Personnel Director, General Counsel,Assistant General Counsel,Associate General Counsel or any individual designated as a"Senior Officer" by any member of the Office of the Bank or by any Executive Vice President and the term "Signing Officer" shall mean: any Senior Officer, the Secretary, the Cashier, Counsel, Division Chairman of the Board, Division President, Division Vice Chairman, Division Executive Vice President, Division Senior Vice President, Division Vice President, any Assistant Vice President, Assistant Secretary,Assistant Cashier,Associate Counsel,Attorney,Senior Trust Officer, Trust Officer, Senior Investment Officer,Investment Officer,Senior Trust Advisor, Trust Advisor, District Trust Office Manager,Operations Officer, Senior Real Estate Officer,Real Estate Officer, Senior Tax Officer, Tax Officer, Trust Counsel, Associate Trust Counsel, Controller, Division Controller, Assistant Controller, Accounting Officer, Account Officer, Credit Officer, Consumer Credit Officer, Manager, Assistant Manager, Branch Manager, Assistant Branch Manager, Intemational Officer, International Operations Officer, Senior Flight Officer, Flight Officer, Financial Analysis Officer, Financial Counselor or Associate. 1. Any two Senior Officers or any Senior Officer and any other Signing Officer, acting together, may execute: (a) Deeds, leases, assignments and conveyances of any real or personal property or any interest therein. (b) Bonds of indemnity or other undertakings, repurchase agreements or guaranties. (c) Cashiers checks having a face amount of$100,000 or more. (d) Any other instruments, documents or agreements which may be found necessary, proper or expedient to be executed in conducting the business of the Bank. 2. Any Senior Officer, acting alone, may execute: (a) Deeds to real property described in any deed of trust which names this Bank as trustee, after a trustee's sale thereunder in the manner provided by law. (b) Reconveyances of any property held under any deed of trust which names this Bank as trustee. (c) Loan agreements,commitments to lend,participation agreements and certificates of participation. (d) Underwriting agreements, purchase agreements, placement agent agreements and remarketing agent agreements relating to securities for which the Bank serves as underwriter,placement agent or remarketing agent and any instruments incidental thereto. 3. Any Signing Officer, acting alone, may execute: (a) Security agreements,building loan agreements and assignments of accounts,financing statements, termination statements, continuation statements and statements of assignment with respect to which this Bank is a secured party; releases of security interests in and liens upon personal property; reassignments of stocks, bonds, notes, leases and other property held by this Bank as security; and requests for reconveyances of property held for this Bank as security under deeds of trust. (b) Receipts for any money or property paid or delivered to this Bank. (c) Extensions of the time for payment of any note or other obligation held by this Bank. (d) Notices of default and of election to sell or cause to be sold the property described in any deed of trust held by this Bank, notices to the trustee named in any such deed of trust, and do any other act or sign any other document provided for by law, or which may be necessary, expedient or proper in order to protect or enforce the rights of this Bank under any such deed of trust. (e) Checks, drafts, cashiers checks having a face amount of less than $100,000, money orders, certificates of deposit, savings certificates, acceptances, letters of credit, other similar obligations of this Bank, and underwriting agreements and similar agreements relating to the marketing of certificates of deposit or other obligations of this Bank. (f) Certifications of checks of customers. (g) Guaranties of the signatures of customers, or other signatures, when appearing as endorsements of bonds or of certificates of stock, or of other securities. (h) Claims of this Bank as a creditor of any decedent, or of a person who is a party to any form of proceeding in bankruptcy, insolvency or similar proceeding, or any other claim of this Bank in any other type of action or proceeding. (i) Proxies to vote stock held by this Bank. (j) Pleadings and documents to be filed in any court or other proceeding involving this Bank, including verifications of any such pleadings or documents. (k) The "Oath of Officer of Incorporated Company" required by 46 U.S.C.A. § 838 or any similar statute, and other documents in favor of or affecting this Bank in connection with the recording of preferred mortgages. (1) Declarations of trust and trust and agency agreements, acceptances thereof and consents thereto, and any similar documents however denominated, and including any documents or agreements referenced within the declaration of trust or agency agreement or similar document and required or permitted to effect the fiduciary purpose; petitions for the appointment of this Bank in any representative or fiduciary capacity; certificates of ownership in and to any trust held by this Bank;certificates of authentication with respect to bonds, notes,debentures and other obligations issued under corporate mortgages,trust agreements and other indentures;certificates of securities deposited, interim certificates and other certificates for and on behalf of this Bank as depositary or agent; countersignatures of bonds, notes, certificates of stock, voting trust certificates, parti- cipation certificates or pass-through certificates on behalf of this Bank as transfer agent or registrar, certificates of cancellation and of cremation of stocks,bonds or other securities;and resignations of this Bank in any representative or fiduciary capacity. (m) Instruments required to transfer securities into the name of any nominee of the Bank. (n) Any tax return or other document to be filed with the Internal Revenue Service, the California Franchise Tax Board or any other taxing authority. (o) Merchant bankcard participation agreements and amendments thereof. 4. Any person who from time to time has the title of Auditor, or any other title which includes the word"Auditor" and any Audit Officer or any Reconcilement Officer,shall be authorized to sign receipts for statements of accounts, verification of accounts, correspondence, and advices incident thereto. • 5. Those persons who from time to time shall be authorized by the Executive Vice President of the Management Services Group or, in his absence, the Human Resources Director or the Manager of the Compensation Division of the Human Resources Department to sign in the name and on behalf of this Bank as "For Manager" or "For Cashier" or"Authorized Signature" shall be and they hereby are authorized to sign checks, drafts, cashiers checks having a face amount of less than $100,000, money orders,certificates of deposit,savings certificates,acceptances,letters of credit and other similar obligations of this Bank, to certify checks and to execute receipts for any money or property paid or delivered to this Bank.Cashiers checks having a face amount of$100,000 or more require the signatures of two persons who have been authorized to sign in the name and on the behalf of this Bank. 6. The officers in charge of the departments under Article VII of the Bank's By-Laws may, any one acting alone, designate those persons who are authorized to execute certificates of authentication for bands, notes, debentures, and other obligations issued under corporate mortgages, trust agreements and other indentures, to execute participation certificates and pass-through certificates on behalf of this Bank as transfer agent or registrar, and to countersign bonds, notes, debentures, certificates of stock or voting trust certificates on behalf of this Bank as transfer agent or registrar. 7. Any member of the Management Committee of this Bank is hereby authorized to designate persons who may use facsimile signatures in exercising their authority under this resolution, but the signatures of all other persons exercising authority hereunder shall be manual. FURTHER RESOLVED, that all signing resolutions authorizing Officers or others to sign any documents for or on behalf of this Bank, heretofore adopted by the Board of Directors, which are inconsistent or in conflict with the foregoing resolutions, be and they hereby are rescinded. The undersigned, Kim Abangan Assistant Secretary of Security Pacific National Bank, Los Angeles, California, hereby certifies that the foregoing is a full, true and correct-copy of a resolution duly adopted by the Board of Directors of said Bank on February 12, 1974, with all amendments to the date hereof, which resolution as amended is in full force and effect. The undersigned further certifies that Jesse F. Lee is a Assistant Vice President arKkAnt 7pg7p of said Bank, and that any copies of the signatures of said Officer or Officers affixed or attached hereto, and initialed by the undersigned (including any facsimile signatures so affixed or attached and so initialed), are genuine. February 7, 119 90 Assistant Secretary SECURITY PACIFIC I IONAL BANK (SEAL) Assistant VicePresident JESSE F. LEE, April gg `J SECURITY PACIFIC NATIONAL BANK MEMORANDUM April 29, 1992 TO: Dawn Schanderl, Records Coordinator J f_ FROM: R. Anthony Foster, Engineering Assistant SUBJECT: Surety, AC 88-9, Plaza del Obispo II, Dolley/Seaside Ranchos Attached is a letter of credit in the amount of $170,893 for public improvements required for the referenced project. - I have requested the liability endorsement form and workers compensation for Mercer Construction from Mr. Dolley. If you need any additional information, please call me at Extension 213. RAF dvrx-� f ACOKL CIERT� IN C t" 'K ISSUE DATE OAM/DDIYY) PRANE06/30/92 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND R EC E I VE D CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE Granger-Hanna Insurance Assoc, DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 2401 E. KateLLa Ave., Ste. 500 LICIES BELOW. Anaheim, CA2 92806 JUL , COMPANIES AFFORDING COVERAGE 714-978-9785 CIT' Ki R C_ r Y,'I �IEY A Cigna Companies COMPANY ...... ....... . .. .. .._. $ Home Insurance Company INSURED LETTER Mercer Construction COMPANY OLO Tm� C ... 18265 Gale Avenue _.. ..... .... . ... ER City of Industry, CA COMPANY - 91745 LLTIRI D COMPANY E LUTES CO:V�ttAGB.S THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BEIDW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWETHSTANDING ANY REQUIREMENT,TILRM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY HE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUHIECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO -POLICY EFFECTIVE-POLICY EXPIRATION LTR', TYPE OF IN9VRANCE 1.OLICY]iUMBEH DATEOASUDDNY) DATE OAM(DO/ - LIMITS GENERAL LIABILITY - GENERALAGGREGATE :$ 2,000,000 A X COMMERCIALGENERAL1IAeD.rrY D26098889 07/01/92 07/01/93 PRODUCTS MP/OP AUG. S 2,000,000 CLAUSSMADEX OCCUR. PERSONAL B ADV.INJURY -R 1,0661000 X -OwNER'S t CONTRACTOR'S PROT. EACH OCCURRENCE. 9....1,000,000...... FRRE DAMAGE cAW. ) s 50,000 MED.EXPENSE(AM.,..W S 5,000 -AUTOMOBILE LIABILITY - COMBINED SINGLE A - X ANY AUTO 026098889 - 07/01/92 07/01/93 Law IS 1,000,000 ALL OWNED AUTOS BODII.Y INJURY S SCHEDULEDAUTOS O4r anm) X : HIRED AUTOS .. ... BODII,Y INJURY S X NON-OWNED AUTOS GARAGE IIABEITY ... PROPERTY DAMAGE S EXCESS LIABILITY _ :EACH OCCURRENCE :S 4,000,000 8 X UMBRELLA FORM HUL1718853 07/01/92 07/01/93 AGGREGATE s 4,000,000 OTHER THAN UMBRELLA FORM A WORXERre COMPENSATION PWCC3787767-0 01/01/92 01/01/93 STATUrORYLJMrrS AND EACH ACCENT t 1,000,000 '. .. BMPLOYERS•LIAB6TTY DISEASE—POLICY LEMIT $ 1,000,000 DISEASE—EACH EMPLOYEE S 1,000,000 OTHER DESCRIPTION OF OPERATIONS&OCATIONRVEHICLEMPECIAL ITEMS SEE ATTACHED ADDITIONAL INSURED ENDORSEMENT RE: TRAFFIC LIGHT AND STREET WORK CBRTFICATEH LDER _ CANCELLATION -': SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEI I.ED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL HNBEW19R4A MAIL- 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE CITY OF SAN JUAN CAPISTRANO - LEFT, 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 AUTHORIZED REPRESENTATIVE 'x/ W_ ACORD u-'s mm ACORD CORPOIIATION 1y90 LIABIIATY ENDORSEMEIP; CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrarso, CaUlornia 92675 ATTN- A. POLICY INFORMATION INS. CO. OF NORTH Endorsement 6 1 1. Insurance Company AMERICA • Policy Number D26098889 2. Policy Term (From) 7 1 92 kTo 7 1 93 :Endorsement Etfective Date 3. Named Insured MERCER CONSTRUCTION COMPANY, INC. k. Address of Named Insured > A 1 S. Limit of Liability Any One Occurrence Aggregate > > > > General Liability Aggregate (check one:) Applies"per loCadQn/project" X Is twice the occurrence limit 6. Deductible or Self-Insured Retention(Nil unless otherwise specifiedh $ 7. Coverage is equivalent to: Comprehensive General Liability form G1.0002 (Ed 1/73) Commercial General Liability "r_laims.madr." form C0002 COMMERCIAL GENERAL LIABILITY CG0001 (11/8559 ---7"'- 3. Bodily Injury and Property %mage.. Cnverage is: "claims-made" ----7—"occurrence" If claims-made, the retroactive date is B. 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, its elected ur appointed officers, officials, employees and volunteer are included as insureds with regard to damages and defense of claims arising from: (a . activitles performed by or on behalf of the Named Insured, (b) products and complete operations of the Named Insured, or (c) premises owned, leased or used by the Name Insured. 2, CONTRIBUTION NOT REQUIRED. As respeetse (a) work performed by the Named Insure 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 unbroken chain of coverage excess of the Name Insured's scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its elected or appointed officers, officials, employees or volunteer shalt be in excess of this insurance and shalt not contribute with it. (OYER) Y • ' 3. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as: (1) Insurance Services Office form number GL 0002 (Ed. 1/73), Comprehensive General Liability Insurance and Insurance Services Of fife form number GL 0404 Broad Form Comprehensive General Liability endorsement; or (2) Insurance Services Office Commercial General Liability Coverage, "occurrence". form CG 0001 or "claims-made" form CG 0002i or (3) If excess, affords coverage which is at leost as broad as the primary insurance forms referenced in the preceding sections (1) and (2). 4. SEVERAPM ITY 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. 5. PROVLSIONS REGARDING THE INSURER'S DUTIES AFTER ACCIDENT OR LOSS Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City, 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: AM: CATHY S. KENNEDY Title Department GRANGER HANNA INS. ASSOCIATES (Company) 2401 E. KATELLA AVE. , STE 500 Street Address ANAHEIM, CA 92806 City State Zlp Code 71 978-9785 (Telephone) D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OP THE INSURER It CATHY S, KENNEDY (print/type name), warrant that I have authority to bind the below listed insurance company and by my signature hereon do so bind company. SIGNATUflE OFUTHORI ED R&S SEN'ATIVE (or&IInal signature Ye4ulred on endorsement furnished to the City CRCMIZATICN: G&ANGER HANNA INS, ASSOCIATES- TITLE: AIiTHORTRFT) RFPRFSFNTATTVF ALIFEE55t 2401 E. KATELLA AVE. , STE 500 7ELEproFt (714) 978-9785 ANAHEIM, CA 92806 gc�,, MEMORANDUM TO: Tony Foster, Engineering Assistant FROM: Dawn M. Schanderl, Deputy City Clerk d/yYf�_ DATE: June 5 , 1992 SUBJECT: Insurance - Seaside Ranchos, AC 88-9, Plaza del Obispo (Dolley) Per your memo dated April 29 , 1992 , stating you had requested the required insurance per Reimbursement Agreement for Seaside Ranchos here is a status report: 1. General Liability Insurance has not been received. 2 . General Liability Endorsement form has not been received. 3 . Workers ' Compensation has not been received. This agreement was signed in January, 1992 . I certainly hope Mr. Robert Dolley is not working on this project without insurance. cc: Cheryl Johnson, City Clerk Theodore Simon, City Engineer Bill Huber, Director of Engineering & Building Services �V�SRfI• C t N.• issue YALE Mmew•Y) • ) � ���' '1 3 05107192 PRaeMCEII..s THIS CE TE TS ISSUED AS A MATTER OF INFORMATION ONLY AN D COMPERS NO RNOHT*UPON THE CEiMPICATE HOLIER.THIS CERTIFICATE GrorWar-Rams In A "ORM ASSOC. pOEB NOTARMHO,EKTEIDORALTERTHE OOYERAOE AFFORDED 6YTHE PILO! E. K01:01,114 AY9., Ste. 500 POLICIES!FLOW. ts' G 6 COMPANES AFFORDING COVERAGE :_.._......._..._. .._.......... ....,. ............. _.... 714-978-9705 CbYhWy A INS COMPANY OF NORTH.AMERICA WTIGR _ . .................._..............................._._._.... .........._ . . YAMP.VrY H IAS W OF PEAK IRSuseo Mercer CMlxtruction COMPANY C. PACIFIC EMPLOYERS INS CO 18265 Pyle Avsnus City f IPdwtry, G COUFAW D COMPANY IIUS IS TO C MWYTIIAT 711EP000IEB OF WSUISVIOE LISTED WiLOW HAYF.BEEN ISSUEOTO THE INSURED NAMED ABOVE FOR TLD:POUOY PERIOD INOIGITED<NOTWITHBTANDNB ANY AIMMEM,W/!T6W OR COMDTTIOM OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO"m THIS FCJEICi AANNDDOONO�ITWONS OFS ICNI�POLICIEY UM INSURANCE 10WN MAY HAVE SEEN REDUCEO�M OLA AED S.IN M Q CT 70 ALL THE iEAMe, .... .. ......... .......... r..... _.............. ....._.. .... .... .. ... .,. .. . .,_........ _._......... eOPaloW aFFSOTNe 'rallcY osMTwN, .. Luwn TYFEOi1NBURANCe POIL7 suwaYJl ; own PAlYoo/YY1 i MYa Aftaw W/ )< UOAMN®Y71 uA 027293258 07N1/9T 07/01/92 vEwoxn� wunY,.•, .`s.•.��ppp A '......, �MPAM s 2,000 DCO. .. .ec�,,.i........... ... .. ..000... OWNER71ACONROCTCHSvim. yFiICN 00[A119W70E 'sa 1,000,000 _FSEawnOi PNM gr,Ny....� � .. ; .,.._..., ._.................................._..................... :MTA.wpm"(ftvww Per" t SOW. AYTOMOMIALIAARlTY i DUMMIED 000" • ' X': YAufO 021293258 07/01/91 07/01/92 iuL3T ;i 11m.000AN .. .... .... ALLCFAMSDAUTOf ?BOCy,Y WIRY ............. .._'. 90IRONIDAVIOS j 'OgIILYWAiY ...., '. ., ... ..j( H. AUf00 �(.. NONORNEOAVAOP 9w amleW a :............................ ........_._........... .._._.........._ .. OAIMOGUAVLRY .. nwrepvyw"Ase $ Excess LAmw SAM acaneuce It 4,000,000. _.. • %•', UMBRIIAFORM 42916616 07/01/91 07/01/92 AOORaoATe .. ` 4,000,000 COO,OOD 011407"ANUMMiTLAFOPM i 1E6'i mdua�na Jl'lsT sok p6' 3`tE. B'ffit C = WowceoscoNPLw.AnoR PW=787767-9 OT/Ol/92 01101/93 .. ..:.sMTu7d1YUWY1 t '. ;CAW A00109MY :a 000 Roo ANO , ............................ ... ._.....,._,.,.... I ....,... . ..... eMAaarlaralAsam ��—POL1C1'""'r :• 1,000,000 .. !013RATG�PAg1EWAYEE i 1000 OOD OTXFR oaaC1IFl10N ar opm ITflIB SEE ATTACMEO ADDITIOM 1MSAID ANIMSPJSIUT SEs TRAFFIC LIGST AND STREET HOSE SHOULD ANY OF'MEADOWE DESCRIED POLICIES SS CANCELLED OFfOR£TIIE ate„ EXPIMTtON MTf TNEIIEOF,711E MSUTAIA COMPNIY WLL8✓BBAWlFTO- , Y: MAIL 30 DAYS WRITTEN MOTM)STOWS OOUIFICATE HOLMR MAMCOTO TIM CITY OF SAW JUAM CAPISIAAIKI 32400 PASFO ADELAMTDYAi1WE9: BAN JUM CAPICTNAVO G WA75 m'COVICORDgClRFORAT 101llO I'It KI.t F, LU 1'4o I r.UL I lUIY 10 • 41 'Q11 uu J� Lc • uu II I . I LIAgMITY ENDORSEMENT CITY OF SRN JUAN CAPLMANO 32900 Paseo Adtdaisto Sart Juan Capistram California, 92673 A. POLICY INFORMATION gg CC Endorsement p 5 AME$ICA- OF NORTH pollc Number 1726098889 1. Insurance Company Y 2, Policy Tam(From) 7 ] 91 To 771/ 2, 'Endorsement E tccttve Date 5� 92 3. Named Insured &KC-TV—CONS TRUCTION COMPANY.- INC. 4. Address of Named Insured !8265 G4I AY. C OF 45 3. Limit of Liability Any OneZ�cCurte�itccc '.1gregare> , General Liability Agbregate (cheCk unci) Applies"W location/pro)ccl" X is twice the occurrence limit 6. Deductible or Self.insured Retention(Nil unless otherwise speeilled): $ 7. Coverage Is equivalent to: Comprehensive Cenral Liabi)ity forrn CL0002(Ed 1/73) Commercial General 1..1ability,•r_Iaims-rnadeM term CC0002 COMMERCIAL GENERAL LMILITY CG0001 (11/85) X A. Bodily Injury and Property 7amage Cnverage is! "claims-made" R "occurrence" it claims-made, the retroactive date is S. POLICY AMENDMENTS This endor"Ment'is !$Sued In corssweration of the policy premium. Notwithstanding any Incondstenz statement in the policy to which this endorsement is attached or any ether endorSemtnt attached thereto, it is agreed as follows AWITIONAL INSURMM: M. 111CRAIMQX The City, its vincted or al,pointed officers, officials, employees and volunteer are inefuded as insureds with regard to damages and defense of claims arising from: (a' activities paformed by or on behalf of the *lamed Insured, (b) Produeta and complete operatloos of the Named Insured, or (c) premises owned, teased or used by the Nemec Insured. 2. O0NT1UMJslON NOT RHQUW-ko. As tespeetsi (a) work performed by the Named insure• for or on behalf of the City) or (b) products sold by the Named insured to the City; or to Premises leased by the Named Insured from the City, the itvlutenca aflorded by this poll shall be primary insurance as respects the City, its elected or appointed officers, olficiais employees or valuntaersf or stand in an unbtok" chain of coverage excess of the Named Insureds scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its elected or appointed of Gcers, officials,employees tv volunteer shall be In excess at this Insurance and shatl not contribute with It. / (OVER] MEKI.tK l.UII" IKULIluN iU • o16-ylb-buJ.d -'UPI UD Ja i_ �vi 110 VU, r . �v 3. SCOPE OF COVERAGE. This policy, it primacy, affords Coverage at least as broad asi (1) Insurance Services Office forts number GL 0002 (Gd. 1173),Comprehensive General Liability Insurance&rid insurance Services Office form number CL 0400 8rQ&d rorm contpreftensivc General Liability endorsement; or (2) insurance Services Office Commercial General Liability Coverage, "occurrence". fOrlrl CG 0001 or"claims-madd' loan CG 0002; or (3) if cxcess, affords coverage which is at least as broad as the primary.insurance forms referenced in the preceding sections(1) and (2). C SEVERAINLITY OF MEREST. The insurance afforded by this policy applies separately to each Insured who is seekirng covera6a or against whom a claim is made ora suit is brought, except with respect to the Company's limit of Haoility. 5- PROVISIONS REGARBING THE IPMMYS (HJTIL°3 AFTER ACC9304T Oft LOSS. Any failures to comply wlt'i reporting provialons of the policy shalt not affect coverage provided to the City, Ila elected or appointed officers, offielals, employees or volunteers. 4. CANCELLATION NOTICE. The imurance afforded by this policy shall not be suspandad, voided, cancelled,re&iced In coverage or In limitt except after thirty()0)days' prior written notice by certified mall return receipt requested has been given to the City. Such notice thalf be addressed as shown in the heading of this endorsement. G PLqMW AND CLAIM REPORTING PROCEDURE Incidents and claims are to be reported to the insurer at; ATM CATHY S. KENNEDY Title partment �J GRANGER HANNA INS. ASSOCIATES MW Pany) 2401 E. KATELLA AVE.. STE 500 (Street A res ANAHEIM, CA 92806 (CITY). State ZIP C c 714 978-9785 6 fl. S1Ci1S TURF OP INSURER OR AUTIIORIZCO RPRfSENTATIV£ OP THE INMER t, CATHY S. KENNEDY (printl'trpe name), warrant that I have authority tofsind the below listed Ins rance company and by my signature hereon do so bind this company. 0"ATUR F A 1101WED (original signature required on endorsement nlshed tot City) CRCM gKft GRANGER HANNA 7.NS. ASSOC. T17t,gt AUTHORIZED REPRESENTATIVE MRESSt 2401 E. "IgLLA_&yl , qTr, 500_ iiJ Fl}pvEt (714 ) 978-9785 ANAHEIM, CA 92806 Joan �, • MEMBERS OF THE CITY COUNCIL JERRY HARRIS KENNETH E FRIESS DRUG USE m ,eeGARY L HAUSOO RFER is 10 1961 GIF JONES IS n1776 1776 JEFF VASOUEZ �'� • CITY MANAGER STEPHEN 8 JULIAN March 6, 1992 Mr. Robert Dolley Seaside Ranchos 1441 Irvine Boulevard, Suite 205 Tustin, California 92680 Re: Reimbursement Reimbursement Agreement - Architectural Controls 88-9 and 89-9- Architectural Controls 88-9 and 89-9 Dear Mr. Dolley: At their regular meeting held February 18, 1992, the City Council of the City of San Juan Capistrano approved the Reimbursement Agreement for installation of a traffic signal and improvements at the intersection of Camino Capistrano and Avenida Golondrina. A fully-executed copy of the agreement is enclosed for your f iles. If you need any further information, please do not hesitate to call. Very truly yours, Cheryl Joh on City Clerk Enclosure cc: Director of Engineering and Building Tony Foster 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 1 /� /� 2364 R., Anthony Foster 1"9/1220 P. 0. Box A06 496-9644 San Clemente, Ca 92674-3906 f/ J —I9 � S $ ? - PAY ER THE - ORDER OF 1 LARS �d /I s n 0201-CMP d nom 9r J�GyMnq G 9213 � FOR ( �4is ���� %f)C�f.j ►. .. 1: L220004961:0451125L4011e 2 64 12008 SEASIDE RANCHOS P. O. BOX 444 714-939-0010 TUSTIN, CA 92991 16-411220 // -- 1- _ !4'Q�-/- -- - --- — - - --- - - - .DOLLARS S. SECURITY PACIFIC BANK Hmdgwrtws Oke 10001 333 SoWh Hope S1.,Los Argeles.CA 90011 IP0 L 200811' 1: L 2 20000 4 31:00 11118 508 5 LII' / 'S1 i MEMORANDUM February 16, 1993 TO: Dawn Schanderl, Deputy City Clerk FROM: R. Anthony Foster, Engineering Assistant SUBJECT: Release of Letter of Credit No. 1-97867, AC 88-9, Plaza del Obispo II, Dolley/Seaside Ranchos The traffic signal improvements (Camino Capistrano/Avendia Golondrina), for which the referenced Letter of Credit was required, have been installed to the satisfaction of the City Engineer. Please release the surety and forward the original to Mr. Robert Dolley. RAF cc: Ted Simon • C SECURITY PACIFIC NATIONAL BANK INTERNATIONAL BANKING GNGUP z43- SA5-7-gzz POST OFFICE R"X 92890 LETTER -F CREDIT '!0. :-97867 LOS ANGELES, CALIFORNIA 90009 TELEX: 67-4343 IRREVOCABLE rAPLE : SEPA.CBAN!K, LOS ANIGELES STANDBY CREDIT SWIFT: SPNRUS66 PLACE AND DATE OF ISSUE DATE AND PLACE OF EXPIRY LOS ANGELES, CA, FEB P, 1990 FES 1 , 1991 AT/IN LOS ANGELES, CA M4IL CODE: W20-20 ADVISING BANK: APPLICANT : SEASIDE RANCHOS, A CALIFORNIA CORPOTATION, 1442 IRVINE BLVD. SUITE 2015 TUSTIN, CA. 92680 BENEFICIARY: AMOUNT: US8170,893.00 CITY OF SAN JUAN: CAPISTRANO ONE HUNDRED SEVENTY THOUSAND EIGHT 3240C PASEO ADELANTO HUNDRED ,NINETY THREE AND 00/100 SAN JUAN CAFISTRANO, CA 92675 UNITED STATES DOLLARS ATTN: STEPHEN S . JULIAN, CITY MANAGER CREDIT AVAILABLE FY: PAYMENT, AGAINST PRESENTATION OF THE DOCUMENTS DET4ILED HEREIN AND OF YOUR DRAFT(S) AT SIGHT DRAWN ON SECURITY PACIFIC NATIONAL BANK LOS ANGELES, CALIFORNIA THIS LETTER OF CREDIT IS ISSUED TO FULFILL THE REDUIREMENTS OF THAT CERTAIN AGREEMENT ENTERED INTO RETWEEA! THE CITY OF SAN JUAN C.APISTRANO, A. POLITICAL SUBDIVISION OF THE STATE OF CALIFORNIA, iEREINAFTER REFERREC TO AS "CITY", AND SEASIDE RANCHOS, A CALIFORNIA CORPORATION HEREINAFTER REFERRED TO AS "PRINCIPAL" COVERING CERTAIN IMPROVEMENTS TO BE INSTALLED IN THAT CEERTAIN SUBDIVISION KNOWN AND DESIGNATED AS LOLLEY/SEASIDE PROJECT BY PRINCIPAL AND IN ACCORDANCE WITH SAID 4GREE''ENT. AT THE REQUEST OF THE PRINCIPAL, 'WE HERESY ESTABLISH I:1 FAVOR OF CITY A'ID FOR THE ACCOUNT OF PRINCIPAL OUR IRREVOCABLE LETTER OF CREDIT NJ. I-97867, IN THE AA'OUNT CF U.S. DOLLARS CNE HUNDRED SEJEI:TY THCUS\RID EIi.HT HUNDRED NINETY THREE AND CO/100 (=170,393.00) TO 3= PAID 3Y DRAFTS AT SIGHT ON US IF ACCOMPANIED 3Y THE FOLLOWING ROCU?IE\TS: (1) CITY' S 'WRITTEN STATEMENT (PURPORTEDLY SIGSED 3Y T°E CITY MANAGER OR CITY ATTORNEY) CERTIFYING THAT THE-RE HAS EEA A FAILURE OF THE PRINCIPAL TO PERFORM THE A50VE AGREE- "ENT. SAID STATEMENT SHALL DECLARE THE AMOUNT :F THE SIGHT CRAFT ON US AND THAT THE ANOGNT CF THIS CkhFT IS, THEREOF, NOW DUE AND PAYABLE . -" (2) THIS ORIGINAL LETTER OF CREDIT. PARTIAL DR".WINGS IRE PER"ITTED. WE FGRE- WITH YOU THAT ALL DRAFTS OnAWI U;iDER A"iD IN );4PLIANCE 6ITF. TnE TERAS OF THIS LETT-P. CF CREDIT SHALL MEET WITH DUE H^".'OR LFON PPESE'JT+TICK I': -CCORDA JCR n'ITH 'LIFORnIA J11IFCR" IAL i COc .,ECTIO'G 5112; THAT IS, V H:OT LPTE3 THAN TPAE CLOSE T'-E THIRD DAY FOLLOWING RECEIPT OFTIE DOCL'":E`JTS. IT IS - -ONDITT_C!t OF TiIS LETTER OF 'REDIT TA"T IT _--LL DEE 'EL AUTOMATICALLY FXTE �OE-D ITHOJT °Di^`!T., y- Y--,',R1 R - ,: ITS . ,BRE JT FUTURE RXPIRY DFTE, UNLESS NOT ) SS T4A_q " 0-'YS �,�._ T„ :' f.iFI D-T°, SF' TIFY YOl'i 'Y R54ISTEREO IR :?TIFIE_. • iL .: _U�,:: . �ERVICEc LL CTHAT E HAV`" ELECTED CT ' R°:`!E'W '. - IS L-TT_ ' -=_:IT ?" ,q . , "DDITIONAL FERICD, AT ..hICH TI\`- YOL' !� Y OR4:1 AG •.IVST IS LETT _k JF ._" .EXT F • =E - 1211)6663• SECURITY PACIFIC NATIONAL BANK INTERNATIONAL BANNING GROUP FAGE 2 '-ST OFFICE _CX 92890 LETTER CCF CREDIT VO. I-97867 _OS AJGELE3, CALIFORNIA 9009 TELEX-. 67-4343 IRREVOCABLE f.APLE: SEFAIEA^!K, LOS ANGELES JTANDPY CREDIT S:dI FT: SPN9US66 CREDIT . THIS LETTER OF CREDIT IS S03JECT TO THE UNIFORM CUSTOMS AND PRACTIC: FOR OCCUME?tTARY CREDITS (1983 REVISION) IdTERNA.TIONAL CHAM3ER OF COMMERCE, PUBLICATION NO. 400 ("UCPA"), AND TO THE U'JIFCRM COMMERCIAL CODE OF THE STATE OF CALIFORNIA ("UCC") . IN THE EVENT OF ANY CONFLICT BETWEEN THE UCPA AND THE UC", THE UCC SHALL PREVAIL AND CONTROL. AUTHORIZED SIGNATURE•• JESSE LEE Asslstant Vice President 1311)8683• - ERAL SIGNATURE RESOLUT• RESOLVED THAT, Instruments, documents or agreements relating to or affecting the property or business and affairs of this Bank, or of this Bank when acting in any representative or fiduciary capacity, may be executed in its name, with or without its corporate seal, by the persons hereinafter designated. For the purposes of this resolution, the term "Senior Officer" shall mean: the Chairman of the Board, President, Vice Chairman of the Board, Chairman of the Executive Committee, any Vice Chairman, any Managing Director, any Vice President (including any Executive Vice President, any Senior Vice President or any First Vice President), Principal, Personnel Director. General Counsel,Assistant General Counsel,Associate General Counsel or any individual designated as a"Senior Officer" by any member of the Office of the Bank or by any Executive Vice President and the term "Signing Officer" shall mean: any Senior Officer, the Secretary, the Cashier, Counsel, Division Chairman of the Board, Division President, Division Vice Chairman, Division Executive Vice President, Division Senior Vice President, Division Vice President, any Assistant Vice President,Assistant Secretary,Assistant Cashier,Associate Counsel,Attorney,Senior Trust Officer,Trust Officer,Senior Investment Officer, Investment Officer,Senior Trust Advisor, Trust Advisor, District Trust Office Manager,Operations Officer, Senior Real Estate Officer,Real Estate Officer, Senior Tax Officer, Tax Officer, Trust Counsel, Associate Trust Counsel, Controller, Division Controller. Assistant Controller, Accounting Officer, Account Officer, Credit Officer, Consumer Credit Officer, Manager. Assistant Manager, Branch Manager, Assistant Branch Manager, International Officer, International Operations Officer, Senior Flight Officer, Flight Officer, Financial Analysis Officer, Financial Counselor or Associate. I. Any two Senior Officers or any Senior Officer and any other Signing Officer, acting together, may execute: (a) Deeds, leases, assignments and conveyances of any real or personal property or any interest therein. (b) Bonds of indemnity or other undertakings, repurchase agreements or guaranties. (c) Cashiers checks having a face amount of$100,000 or more. (d) Any other instruments, documents or agreements which may be found necessary, proper or expedient to be executed in conducting the business of the Bank. 2. Any Senior Officer, acting alone, may execute: (a) Deeds to real property described in any deed of trust which names this Bank as trustee, after a trustee's sale thereunder in the manner provided by law. (b) Reconveyances of any property held under any deed of trust which names this Bank as trustee. (c) Loan agreements,commitments to lend,participation agreements and certificates of participation. (d) Underwriting agreements, purchase agreements, placement agent agreements and remarketing agent agreements relating to securities for which the Bank serves as underwriter, placement agent or remarketing agent and any instruments incidental thereto. 3. Any Signing Officer, acting alone, may execute: (a) Security agreements, building loan agreements and assignments of accounts,financing statements. termination statements, continuation statements and statements of assignment with respect to which this Bank is a secured party; releases of security interests in and liens upon personal property; reassignments of stocks, bonds, notes, leases and other property held by this Bank as security; and requests for reconveyances of property held for this Bank as security under deeds of trust. (b) Receipts for any money or property paid or delivered to this Bank. (c) Extensions of the time for payment of any note or other obligation held by this Bank. (d) Notices of default and of election to sell or cause to be sold the property described in any deed of trust held by this Bank, notices to the trustee named in any such deed of trust, and do any other act or sign any other document provided for by law, or which may be necessary, expedient or proper in order to protect or enforce the rights of this Bank under any such deed of trust. (e) Checks, drafts. cashiers checks having a face amount of less than $100.000, money orders, certificates of deposit, savings certificates, acceptances, letters of credit, other similar obligations of this Bank, and underwriting agreements and similar agreements relating to the marketing of certificates of deposit or other obligations of this Bank. (1) Certifications of checks of customers. (g) Guaranties of the signatures of customers, or other signatures, when appearing as endorsements of bonds or of certificates of stock, or of other securities. (h) Claims of this Bank as a creditor of any decedent, or of a person who is a party to any form of proceeding in bankruptcy, insolvency or similar proceeding, or any other claim of this Bank in any other type of action or proceeding. (i) Proxies to vote stock held by this Bank (j) Pleadings and documents to be filed in any court or other proceeding involving this Bank, including verifications of any such pleadings or documents. (k) The "Oath of Officer of Incorporated Company" required by 46 U.S.C.A. § 838 or any similar statute, and other documents in favor of or affecting this Bank in connection with the recording of preferred mortgages. (1) Declarations of trust and trust and agency agreements, acceptances thereof and consents thereto, and any similar documents however denominated, and including any documents or agreements referenced within the declaration of trust or agency agreement or similar document and required or permitted to effect the fiduciary purpose; petitions for the appointment of this Bank in any representative or fiduciary capacity; certificates of ownership in and to any trust held by this Bank;certificates of authentication with respect to bonds, notes,debentures and other obligations issued under corporate mortgages,trust agreements and other indentures;certificates of securities deposited, interim certificates and other certificates for and on behalf of this Bank as depositary or agent; countersignatures of bonds, notes, certificates of stock, voting trust certificates, parti- cipation certificates or pass-through certificates on behalf of this Bank as transfer agent or registrar; certificates of cancellation and of cremation of stocks, bonds or other securities; and resignations of this Bank in any representative or fiduciary capacity. (m) Instruments required to transfer securities into the name of any nominee of the Bank. (n) Any tax return or other document to be filed with the Internal Revenue Service, the California Franchise Tax Board or any other taxing authority. (o) Merchant bankcard participation agreements and amendments thereof. 4. Any person who from time to time has the title of Auditor, or any other title which includes the word "Auditor" and any Audit Officer or any Reconcilement Officer, shall be authorized to sign receipts for statements of accounts, verification of accounts, correspondence, and advices incident thereto. 5. Those persons who from time to time shall be authorized by the Executive Vice President of the Management Services Group or, in his absence, the Human Resources Director or the Manager of the Compensation Division of the Human Resources Department to sign in the name and on behalf of this Bank as "For Manager" or"For Cashier" or"Authorized Signature" shall be and they hereby are authorized to sign checks, drafts, cashiers checks having a face amount of less than $100,000. money orders,certificates of deposit,savings certificates,acceptances.letters of credit and other similar obligations of this Bank, to certify checks and to execute receipts for any money or property paid or delivered to this Bank.Cashiers checks having a face amount of$100.000 or more require the signatures of two persons who have been authorized to sign in the name and on the behalf of this Bank. 6. The officers in charge of the departments under Article VII of the Bank's By-Laws may, any one acting alone, designate those persons who are authorized to execute certificates of authentication for bonds, notes, debentures, and other obligations issued under corporate mortgages, trust agreements and other indentures, to execute participation certificates and pass-through certificates on behalf of this Bank as transfer agent or registrar, and to countersign bonds, notes, debentures, certificates of stock or voting trust certificates on behalf of this Bank as transfer agent or registrar. 7. Any member of the Management Committee of this Bank is hereby authorized to designate persons who may use facsimile signatures in exercising their authority under this resolution, but the signatures of all other persons exercising authority hereunder shall be manual. FURTHER RESOLVED, that all signing resolutions authorizing Officers or others to sign any documents for or on behalf of this Bank, heretofore adopted by the Board of Directors, which are inconsistent or in conflict with the foregoing resolutions, be and they hereby are rescinded. The undersigned, Kim Abangan Assistant Secretary of Security Pacific National Bank, Los Angeles, California, hereby certifies that the foregoing is a full, true and correct-copy of a resolution duly adopted by the Board of Directors of said Bank on February 12, 1974, with all amendments to the date hereof, which resolution as amended is in full force and effect. The undersigned further certifies that Jesse F. Lee is a Assistant Vice President andKg ez =X of said Bank, and that any copies of the signatures of said Officer or Officers affixed or attached hereto, and initialed by the undersigned (including any facsimile signatures so affixed or attached and so initialed), are genuine. February 7, 90 19 0 Assistant Secretary SECURITY PACIFIC I IONAL BANK (SEAL) Assistant Vice President JESSE F. LEE, April 88 l y- SECURITY PACIFIC NATIONAL BANK - 0 ,eJ SECURITY PACIFIC NATIONAL BANK INTERNATIONAL BANKING GROUP 07/22/9--1 w CITY OF SAN JUAN CAP 15TRANCI 32400 PASEO ADSL ANTO s SAN JUAN C APISTRANOi CA 92635— ATTN;STEPNEN D. JULIAN,(_ITY MANAGER Rea Reference Number Changes for Security Pacific: Standby i_Other :: f Credit As a result of the merger between Bank of America and Security Pacific Bantu the letter (h) of credit, identified in the advic. e (s. accompanying this letter are new an obligation of the new Bank: o America,, A new reference number has beUn assigned to each of these l e t:te r-s. of credit ,. For your information our mailings SWIFT and Telex addresses.e ;; are ; Bank of America NY t. SP, Trade Finance Services Beaudry Aver 0th floor. Los Anglo- less California LICA 90017 SWIFT ROFAUS6S, Tv I e:: MCI x.::765:_ Please adjunt your records to refIec: t, this important informat. iult This letter does not require :a signature ., cc : SEASIDE RANCHOSs n CA1 11=ORNIA CORP .. P.CI, BOX 44,I TUST'I:Ns CALIFORNIA 92600 ATTN: ROBERT C. DOLLEY E[n l c s . -- btandby letter Of Credit Advice (s) 900910I S4 50LA 121178 5-91 LETTER OF CREDIT OFFERING SHFO Class 76-21 Date 7/20/92 Facility 000—( Our A& -02161 Customer Beneficiary Cust.Ref. 9009 10 1 SE CALIFORNIA OF SAN JOAN CAPTSTRAN04-- OX 444 . 0 PASFO ADELANTO 13330L 11 JUAN CAPISTRANO A 92675 Do RANCHOS A CDR! CA 926e0 t STEPHFN R.JULIAN CITY MANAGER Expiration Date 2101. /?3 Cust.Date 2/08/90� Amount U.S. $170.093 :00*** Cornmodity TECHNICAL HVICES - ALL TYPES From 0 Title Docs NOT/D TTenorT Commission A/C Code SI , Instruction Code .00 with TlRGHD"ibn"04 01709-0000() Government Control# Z Emp.ID 092 Debiting Acm. ADVISEDTHROUGH Imp/Exp.Cos. Date Offered Authorized Officer Date Approved HIBank of America .i'RAI)E FINANCE SERVICES Dow 7/20/92 133 SOUTH BAVE EAUDRY AVNUE, 20'14t F-410OR LEOS ANGLES CA, 90017 ur 9. Mall To OF SAN JUAN CAPISTRANO ;!URSELUE�--i 0 PASEO ADE LANTO .WAN CAPISTRANO CA 72675 v 11ij! STEPHEN B.JULIAN CITY MANA 0 r THTS T9 AN UPDATE TO SECURITY PACIFIC'S LETTER OF GREUTT REFERENCED As 9"OWN ABOVE UNDER COST. REF., PLEASE NOTE THAT IN VIEW OF THE MERGER BETWEEN BANK OF AMERICA AND SECURITY PACIFIC THIS LETTER OF CREDIT HAS BEEN TRANSFERRED TO BANK OF AMERICA N.T'. & S.A. , UNDER THE ABOVE SHOWiq REFERENCE NUMBER. PLEASE QUOTE THIS REFERENCE NIMBER IN AUL FINURE COMMUNICATIONS TO THE ABOVE SHOWN ADDRESS. V ay'?Wy Yours PI Authorized Signature) 7 11//