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1999-0719_CALLE PEFECTO BUSINESS PARK_Subdivision Improvement Agreementlb Recording Requested by and When Recorded Mail To: City of San Juan Capistrano Attention: City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Cheryl Johns8K, Ci Clerk City of San Juan Capistrano L Recorded in the County of Orange, California Gary L Illlllllllll�llllllllll�llllllllllllllllllllllll�lllllilll1111 /48.00der 19990134919 0211pm 10/19/99 008 689077 25 23 IB29 W2 15 6.00 42.00 0.00 0.00 0.00 0.00 SUBDIVISION IMPROVEMENT AGREEMENT SUBJECT: TENTATIVE TRACT MAP 15853 r" THIS AGREEMENT is between the City of San Juan Capistrano, a municipal corporation, State of California, hereinafter referred to as "City" and Calle Perfecto Business Park, LLC., whose J mailing address is 19700 Fairchild Road, Suite 120, Irvine, CA 92612 hereinafter referred to as "Subdivider": THIS AGREEMENT shall be administered by the City in accordance with Resolution No. CVWD 97-10-1, for all involvement associated with the Capistrano Valley Water District, hereinafter referred to as "District", WHEREAS, the tentative map application was conditionally approved by Resolution No. 99-6-1-5; and WHEREAS, Subdivider is the owner of that certain parcel of land situated in the City of San Juan Capistrano, Orange County, generally known and described as Tentative Tract Map 15853 (Calle Perfecto Business Park) and Subdivider proposes to do and perform certain work of improvement thereon as hereinafter set forth; and WHEREAS, City and District desire to assure that said proposed improvements will be done in a good workmanlike manner and in accordance with the laws now in force and effect in the City of San Juan Capistrano, California, the terms and conditions of which are incorporated herein by reference; and WHEREAS, Subdivider declares that he is familiar with the pertinent regulations contained in the City Code and in the Subdivision Map Act (Government Code Sections 66410 to 66500) and agrees to comply therewith; and WHEREAS, a Final Map of said subdivision, prepared in accordance with the City'F S,r A v;cion- Ordinance, has been filed by Subdivider with City for approval by the City Council; -1- SD 0 NOW THEREFORE, in consideration of the approval and acceptance by the City Council of City and the Capistrano Valley Water District of said Final Map and the acceptance of easements therein offered for dedication for public purposes and the covenants herein contained, the parties hereto mutually covenant and agree as follows: 1. General Requirements: Subdivider shall, at his own cost and expense, provide all required tests, design work, equipment, materials and labor in order to complete all of the works of improvement (the "Works of Improvement"), set forth in Exhibit "A", to the satisfaction of the City Engineer. Such work of improvement shall include but not be limited to the extension of Calle perfecto, from its northern terminus to the subject Tract's southerly boundary, which shall be extended/ constructed in accordance with the City's design standards and specifications to the satisfaction of the City Engineer. Said construction shall include curb and gutter, street signage, extension of the sewer main pipeline and the water improvement with all related appurtenances. Off-site Improvement participation. The applicant shall construct and/or contribute for the project's fair share financial participation for the improvement of the following intersections identified by the latest approved traffic study for the subject tract, performed by Austin -Foust Associates in June 1999 under the guidelines outlined in Administrative Policy # 310: 1. Valle Road & San Juan Creek Road 2. Camino Capistrano & I-5 south bound 3. Camino Capistrano & Avenida Aeropuerto 4. Camino Capistrano & Stonehill Drive The Developer's responsibility shall be in accordance with the City's Council Policy # 11 I- "Fair Share" Methodology & Developer Reimbursements. 2. Securi : A. Subdivider shall, at all times beginning with the execution of this agreement, guarantee Subdivider's performance of this agreement by providing City and District with the following security instruments (the "Security Instruments"), as required by the State Subdivision Map Act, on forms approved by City for the purposes and in the amounts as follows: (I) A Faithful Performance Bond to ensure faithful performance of this agreement in regard to said improvements in the amount of 100% of the estimated cost of construction of the improvements; and (ii) A Labor and Materials Bond to secure payment to any contractor, subcontractor, persons renting equipment or furnishing labor or -2- 0 0 materials for the improvements required to be constructed or installed pursuant to this agreement in the additional amount of 100% of the estimated cost of construction of the improvements; and (iii) A Subdivision Monument Bond in the amount of 100% of the estimated cost of setting subdivision monuments as shown in Exhibit "A" B. In order to guarantee and warranty the Works of Improvement and in addition to the security instruments referenced in Paragraph 2(A) above, Subdivider shall provide to City and District the following Security Instruments: Prior to the City's final acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall provide to City a Warranty Bond for Works of Improvement warranting the accepted Works of Improvement for a period of one (1) year following said acceptance against any defective work or labor done or defective material furnished. The amount of such Warranty Bond for Works of Improvement shall be equal to twenty-five percent (25%) of the estimated construction cost set forth in Exhibit "A", or a suitable amount determined by the City Engineer. All Security Instruments required by this agreement shall be kept on file with the City Clerk. The terms of the Security Instruments required by this agreement are hereby incorporated in this agreement by reference. City shall release the Faithful Performance Bond upon Subdivider's written request following acceptance by City of the Works of Improvement and Subdivider's delivery to City of the Warranty Bond for Works of Improvement. City shall release the Labor and Materials Bond upon Subdivider's written request and following acceptance by City of the Works of Improvement and after expiration of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part 4 of Division Third of the California Civil Code. If lien claims have been timely filed, City shall hold the Labor and Materials Bond until (a) such claims have been resolved, (b) Subdivider has provided a statutory bond, or (c) otherwise as required by applicable law. City shall release the Warranty Bond for Works of Improvement upon Subdivider's written request following the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work. -3- 2.1 Form of Security Instruments. All Security Instruments shall meet the following minimum requirements and otherwise shall be in a form acceptable to the City Attorney: (I) Any insurance company acting as surety shall have a minimum rating of A -IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858; any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's; (ii) Payments under the Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the County of Orange, State of California; (iii) Each of the Security Instruments shall have a minimum term of one (1) year after the deadline for Subdivider's completing the Works of Improvement, in accordance with paragraph 3 herein; (iv) The Security Instruments shall reference Subdivider's obligations under this Agreement, shall be irrevocable, and shall include as an additional obligation secured the responsibility to compensate City for all of the City's attomeys' fees and litigation expenses reasonably incurred enforcing its rights under the Security Instruments. Time of Completion: All of the Works of Improvement shall be completed prior to City issuance of the first Certificate of Occupancy/Use within the subject tract. The time for completion may be extended by the City Engineer, in writing, for good cause shown by the Subdivider. Subdivider shall compensate the City for all costs reasonably incurred in having its authorized representatives perform the usual and customary engineering services during said extension as specified in Paragraph 19 below. In the event that Subdivider fails to complete the Works of Improvement within said period or any approved extension, the City may complete said work and shall be entitled to recover the full cost and expenses thereof from Subdivider, or his surety as herein provided. The City may require Subdivider, or his surety, to pay the City in advance, sufficient monies to cover the City's cost in completing construction of said Works of Improvement. 3.1 Force Majeure: Notwithstanding the provisions of paragraph 3 herein, Subdivider's time for completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikes, ME lockouts, acts or failures to act of a public agency (including City), required changes to the Scope of Work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than thirty (30) days prior to City's receipt of a written notice from Subdivider or its contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. 3.2 Continuous Work: After commencement of construction of the Works of Improvement (or separable portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period of more than thirty (30) days, events of force majeure excepted. 3.3 Reversion to Acreagg: In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.11-66499.20-3/4. In this regard, Subdivider agrees that if none of the Works of Improvement referenced herein have been made within the specified "Time of Completion" referenced in paragraph 3 above or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, any improvements made by or on behalf of Subdivider after the date City initiates such action shall not be considered in determining City's authority to revert the Property to acreage. 4. Effective Date of Agreement: This Agreement shall not become effective unless and until the subdivision map has been approved by the City Council and also accepted for recordation by the County Recorder of the County of Orange. 5. Utility Deposits - Statement: Prior to the commencement of any work to be performed in accordance with City approved plans, the Subdivider must file a written statement with the City Clerk and City Engineer, signed by the Subdivider, and each public utility corporation involved, to the effect that Subdivider has made all deposits legally required by such public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the subdivision. 6. Permits - Compliance with Law: Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction of required improvements, give all necessary notices and pay all fees and taxes required by law. -5- 7. Definition and Ownership of Improvements: The term "improvements" means: grading, paving, curbs and gutters, pathways, storm drains, sanitary sewers, domestic and non-domestic water, utilities, such as electric, telephone and cable TV, conduits, gas lines, drainage facilities, traffic controls, landscaping and irrigation, street lights, and all other required facilities as shown in detail upon plans, profiles and specifications which have been prepared or are now in final preparation by engineers acting for Subdivider subject to approval by the City Engineer. No work on said improvements shall be commenced until plans therefore have been submitted to, approved and permitted by the City Engineer. All required public improvements constructed or installed pursuant to this Agreement shall become the sole exclusive property of the City and District, without payment therefore, upon acceptance of said improvements by the City Council. 8. Oblieations of Subdivider: Notwithstanding the fact that Subdivider's plans and specifications, completion of the work, and other acts are subject to approval of the City, it is understood and agreed that any approval by the City thereof shall in no way relieve Subdivider of satisfactorily performing said work or the related obligations hereunder. The construction shall be done strictly in accordance with the plans and specifications including supplementals and revisions prepared by Subdivider or its registered engineer, and as approved by the City as being consistent with the City Code and Standards. Subdivider warrants that its plans and specifications conform as a minimum to said codes and standards and that they are adequate to accomplish the work in a good workmanlike manner and in accordance with responsible construction practices. In addition to the foregoing, Subdivider shall satisfy all the conditions of approval set forth on the City approved tentative map for the entire Property. Subdivider shall also perform all work and furnish all materials necessary, in the opinion of the City Engineer and on his order, to complete the Works of Improvement in accordance with the plans and specifications on file as hereinbefore specified, or with any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete this work. 9. Intent of Plans and Specifications The intent of the plans and specifications referenced above is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer (or designee) and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the plans and specifications may Ka 0 0 not specifically call out all items of work required for the contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made of information necessary to carry out the full intent and meaning of the plans and specifications, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the plans, specifications, or related documents, reference shall be made to the City Engineer whose decision thereon shall be final. 10. Superintendence by Subdivider: Subdivider shall give personal superintendence to the Works of Improvement, or have a competent foreman or superintendent, satisfactory to the City Engineer, on the work at all times during progress, with authority to act for Subdivider. In the event satisfactory superintendence is not being exercised by the Subdivider, the City Engineer may order suspension of all work within the subdivision until the deficiency is adequately corrected. 11. Repair and Replacements: Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, or pay to the owner the entire cost of replacement or repairs, for all survey monuments or for any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or by any public or private corporation, or by any person whomsoever or by combination of such owners. Any such repair or replacement shall be completed in a reasonable manner and subject to the approval of the City Engineer and affected property 12. Inspection by City: Subdivider shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work and to the shops where the work is in preparation. The cost of inspections shall be paid by the Subdivider. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Subdivider or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted. No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final 7- 0 0 acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered. The date on which the Works of Improvement will be considered as complete shall be that date on which the City Council accepts the improvements and authorizes the City Clerk to file a Notice of Completion with respect thereto. 13. Authority of the City Engineer: All required improvements shall be constructed under the inspection of and subject to approval of the City Engineer. Therefore, it is mutually agreed by the parties hereto that the City Engineer shall have the right to reject any or all of the work to be performed under this contract if such work does not conform with City Codes and Standards and the plans and specifications mentioned herein, including subsequent revisions that may have been previously overlooked during the plan review process. Any damage to the improvements (existing or new) that occurs during or after installation of work performed under this Agreement shall be repaired or replaced, by the Subdivider, to the satisfaction of the City Engineer before the final acceptance of completed work and release of security. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to make a final decision in regard to all questions which may arise as to the quality and acceptability of materials famished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor. 14. Changes in the Work: The City Engineer, without invalidating this Agreement and without notification to any of the sureties referenced in paragraph 2, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer to accomplish the purposes of this Agreement and to protect the public health, safety, and welfare. It is mutually understood that it is inherent in the nature of the work contemplated by this Agreement that some changes in the plans and specifications and related documents may be necessary during the course of construction to adjust them to field conditions and to assure the protection of the public health, safety, and welfare. The City Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the Works of Improvement. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. IM 0 0 15. No Warran-ty by City and/or District: The plans and specifications and related documents for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the plans or specifications or related documents. 16. Liability for Performance. Injury or Damage: Neither the City, District nor any of their officers or agents shall be liable to Subdivider or its contractors for any error or omission arising out of or in connection with any work to be performed under this contract. Additionally, the City and/or District shall not be liable to the Subdivider or to any other person, firm, or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever in, on, or about the subdivision of said land covered by this Agreement, or any part thereof. 17. Indemnification and Release: Prior to the commencement of any work pursuant to this contract, Subdivider's contractors shall furnish to City and/or District satisfactory evidence of an insurance policy written upon a form and by a company (which meets with the approval of City and/or District) insuring City and/or District, its officers, agents, and employees against loss or liability which may arise during the work or which may result from any of the work herein required to be done, including all costs of defending any claim arising as result thereof. Minimum liability and property damage insurance shall be not less than $500,000 for all damages arising out of bodily injury to or death of one person and not less than $1,000,000 for all damages arising out of bodily injuries to or death of more than one person in any one occurrence; and not less than $500,000 for all damages and/or destruction of property in any one occurrence and not less than $750,000 for all damages and/or destruction of property during the policy period. Said policy shall be in favor of Subdivider or its contractors and of the City and/or District, its officers, agents, and employees and shall be maintained in full force and effect during the life of this Agreement, including extensions. Said policy shall state by its terms and by an endorsement that it shall not be canceled until City and/or District shall have had at least ninety (90) days' notice in writing of such cancellation. The Subdivider hereby releases and agrees to defend, indemnify and hold the City and/or District harmless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage and liability, howsoever the same may be caused and whensoever the same may appear, resulting directly or indirectly from the performance or nonperformance of any or all work to be done in and upon the subject property and the premises adjacent thereto pursuant to this Agreement, and also from any and all injuries to and deaths of persons and injuries to property or other interests and all claims, demands, costs, loss, 6, 0 0 damage, and liability, howsoever the same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the Subdivider, the Subdivider's agents, employees, and subcontractors, while engaged in the performance of said work. 18. Linty of Subdivider: The Subdivider agrees that the use for any purpose and by any person of any and all of the streets, easements and improvements herein specified shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the City and/or District of the completed street and other improvements thereon and therein; provided that acceptance by the City and/or District shall in no way eliminate or lessen any of the Subdivider's obligations or undertakings contained in this Agreement. The issuance of any occupancy or use permits (if granted) by the City for buildings located within said subdivision shall not be construed in any manner to constitute an acceptance and approval of any or all of the required improvements in said subdivision. 19. Subdivider's Expenses: The Subdivider shall pay these additional expenses: a. The Subdivider shall cause to be made and/or pay for soil tests made by a reputable geotechnical consultant/firm to determine stability, gradation, bearing, and resistance value of soils, associated with the development of the subject subdivision, from which to determine the nature and design of appropriate improvements. The Subdivider shall also pay for all compaction and related tests necessary to determine that all fill work and the utility trench backfill has been satisfactorily placed. b. All service (including plan check and inspection), impact and connection fees as established by City and District shall be paid for each lot in the subdivision in accordance with the City and District Standard Specifications and Drawings. C. All actual costs for design, plan check, development process and inspection incurred by the City and District in evaluating any proposed or agreed upon change in work. In no event shall Subdivider be entitled to additional inspections or final inspection and acceptance of any of the Works of Improvement until all City and District fees and charges have been fully paid, including, without limitation, charges for applicable penalties and additional required inspections. d. Subdivider shall compensate the City for all actual costs reasonably incurred in having its authorized representatives make the usual and customary -10- 0 0 engineering services beyond the specified "Time of Completion" referenced in paragraph 3 above. Said actual costs include: inspection of Works of Improvement, engineer design review, plan check and project development process. Subdivider agrees to pay the cost of said City services within forty- five (45) days of invoice date, or as determined by the City Engineer. 20. Relationship of Contractors: It is hereby mutually covenanted and agreed by the parties hereto that Subdivider's contractors are not agents of the City and/or District , and that the contractors' relations to City, if any, are those of independent contractors. 21. Certification of Satisfactory Completion: Upon the satisfactory completion of the Works of Improvement by the Subdivider, the City Engineer shall certify that the Works of Improvement have been satisfactorily completed. 22. Repair or Reconstruction of Defective Work: If, within a period of one year after City Council acceptance of the improvement work performed under this Agreement, any of the improvements or work done under this Agreement fails to fulfill any of the requirements of this Agreement, or the specifications referred to herein, Subdivider shall without delay and without any cost to the City (upon receipt of written notice from the City), repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, or should the exigencies of the case require repairs or replacements to be made before Subdivider can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to City and/or District the actual cost of such repairs plus an amount equivalent to the current general City and/or District overhead costs. 23. Warranty: Without limiting the foregoing, Subdivider warrants and guarantees: materials used and workmanship performed on said work for a period of one (1) year after completion and acceptance thereof by the. All security instruments shall be submitted to the City in accordance with Section 2 above. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law. -11- 0 • 24. Default: 24.1 Remedies Not Exclusive: In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may be entitled. 24.2 City and District Rights to Perform Work: In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event Subdivider shall fail to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of thirty (30) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to diligently pursue the cure of any such default to completion, City and/or District shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from Subdivider and the surety company, or both, the full cost and expense thereby incurred by City and/or District. 24.3 Attorney's Fees and Costs: In the event of any litigation arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and costs shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. 25. Notice of Completion: Upon approval of the Works of Improvement by the City Engineer and acceptance by the City Council, the subdivider shall file with the Orange County Recorder a Notice of Completion of the improvements herein specified. 26. Filing of Improvement Plans: Upon completion of the job and prior to final acceptance of the Works of Improvement by the City, the Subdivider shall submit to the City Engineer for review and approval, one mylar (4 mils) set of "record" drawings. These drawings shall be certified and shall reflect the job as actually constructed, with all changes incorporated therein. -12- 0 9 27. Assignment: This agreement shall not be assignable by Subdivider without written consent of City. IN WITNESS WHEREOF, two (2) identical counterparts of this agreement, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Subdivider herein named on the 19th day of July , 1999 , the name and corporate seal of each corporate parry being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. SUBDIVIDER Calle Perfecto Business Park, LLC By Fe ari nv nts, a California By: Dennis Gage, President (Attach Notary Acknowledgment) Attachments: (1) Exhibit "A" CAW P W IN60\W PDOCS\TRACTS\TM I5853.SUB -13- OF SAN JUAN CAPISTRANO By: W%jjjrW42&F O. NL"(Cp".' CITYVLER in AS TO FORM: CITY A APPROVED AS TO FORM: 0 0 SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "A" WORKS OF IMPROVEMENT Tyne of Improvements: Estimated Construction Cost Or Bond Amount Grading, Erosion and Silt Control, On -Site Landscaping and Irrigation Traffic related off-site Improvement (Fair share participation) Sanitary Sewer Water Streets Improvement Processed through BLDG. Division Fees are collected separately $100,600 $ 62,000 Street Monuments $ 2,000 41* 0 PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 118 1) On October 13, 1999 , before me, Cheryl Johnson , City Clerk, personally appeared - -Dennis Gaee - - , personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. f,a (SEAL) ' WITNESS my hand and official seal. Capacity Claimed by Signer Title Signer is Representing City Clerk OPTIONAL Description of Attached Document Subdivision Improvement Aereement - Tract 15853 Title or Type of Document Number of Pages July 19, 1999 Date of Document SJC City Representatives Signer(s) Other Than Named Above ACo�v,. CERTIFICAWE OF LIABILITY INSU NCS GPID 92 DATEIMMrDD/YY) ALLE-2 12/17/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Brakke-Schafnitz Ins. Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #0428915 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 28202 Cabot Road, Suite 500 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Laguna Niguel CA 92677-1251 Phone:949-365-5100 Fax:949-365-5161 INSURED INSURER A: Transportation Ins Cc INSURER B: Calle Perfecto Business Park LLC INSURER C'. INSURER D'. 19700 Fairchild Rd. #120 Irvine CA 92612 INSURER E: 11/14,/04 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DDIYY POLICY EXPIRATION DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1000000 A X COMMERCIAL GENERAL LIABILITY 2026468441 11/14/03 11/14,/04 FIRE DAMAGE(Anyonelno) ,$100001 CLAIMS MADE [�] OCCUR MED EXP (Any one person) $ 10101 PERSONAL B ADV INJURY $1001010 X Hired/NOA $100000 GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2000000 POLICY 7 PROECT LOC J AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) BODILY INJURY ALL OWNED AUTOS SCHEDULED AUTOS (Per person) $ BODILY INJURY $ HIRED AUTOS NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHERTHAN EA ACC $ ANY AUTO AUTO ONLY: AGO S EXC ESS LIABILITY EACH OCCURRENCE 52000000 A OCCUR E] CLAIMS MADE 2026468441 11/14/03 11/14/04 AGGREGATE s2000000 S S DEDUCTIBLE $ X RETENTION $ 10000 WORKERS COMPENSATION AND TORY L'MITS ER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ E.L. DISEASE • EA EMPLOYEE $ E.L. DISEASE • POLICY LIMIT I $ OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate Holder is named as additional insured (on General Liability policy) per attached endorsement. 10 day notice of cancellation for non-payment of premium. CERTIFICATE HOLDER Y ADDITIONAL INSURED; INSURER LETTER: CANCELLATION CITYSJ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL .3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of San Juan Capistrano IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND ON THE INSURER, ITS AGENTS OR 32400 Paseo Adelanto San Juan Capistrano CA 92675 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Michael Stutzman Policy number: 2026468441 Insured: Calle Perfecto Business Park THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CG20 10 1185 ADDITIONAL INSURED — OWNERS, LESSORS or CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (If no entry appears above, information required to complete this endorsement will be shown in the declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work' for that insured by or for you. 11 32400 PASEO ADEI-ANTO $$AN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) rvrvrv. sanjuancapistrano. org October 25, 2002 dwan � �,�- Buunnn • r Duan � 1961 1776 MEMBERS OF TME CIT! COl1NCIL DIANE U BATIGATE C NE CAMPBELL JOHN S. GELFF MATT r1ARr DAND M. SWERDUN CITY MANAGER GEORGE SCARBOROUGH Dennis Gage Calle Perfecto Business Park 19700 Fairchild, #120 Irvine, California 92612 Subject: Compliance with Insurance Requirements; Tract 15853, Calle Perfecto Business Park Dear Mr. Gage: The Workers Compensation Certificate of Insurance associated with the subject development expired on August 8, 2002. As there are outstanding storm drain improvements, the insurance provision must continue to be in full force. Please submit the Certificate to the City of San Juan Capistrano, attention City Clerk's office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. If you have any questions regarding this matter, please contact me at (949) 443-6336, or Dawn Schanderl, Deputy City Clerk at (949)443-6310. As the Certificate expired in August and as previous requests from the City Clerk's Office have not been responded to, I would appreciate your prompt attention to this matter. Sincerely, William M. Huber Director of Engineering & Building W MH/SS cc: Sam Shoucair Dawn Schanderl C:\MyFiles\Letters\Tracts Maps\Tr 15853 Calle Perfecto\Expiration of Insurance3mpd San Juan Capistrano: Preserving the Past to Enhance the Future JS 0 0 Dawn Schanderl From: Sam Shoucair Sent: Thursday, October 03, 2002 2:40 PM To: Bill Huber Cc: Dawn Schanderl Subject: FW: Workers comp insurance Bill, This project has been completed for couple of years. However, two issues are still pending: 1- The off-site improvement participation fees which were not paid (we differed it to the City Attorney per attached memo dated August 7, 2002 ) 2- The interim S/D pipe under the Pacific Sales building which needs to be relocated someday after we become sure that SunCel will not go through this property (Dennis posted the bond the S/D) Tr 15838 Calle Perfecto Fair 5... I think that they have the obligation to keep the workers compensation certificate active until the S/D line is resolved. I called the developer today and left a long voice mail explaining why it is still required. What should we do if they continue to ignore the City Clerk's requirement? -----Original Message ----- From: Dawn Schanderl Sent: Wednesday, October 02, 2002 4:17 PM To: Sam Shoucair Subject: Workers camp insurance I still do not have a workers compensation certificate in the name of Calle Perfecto Business Park. It's been expired for almost 2 months. ACORN CERTIFIC#SE OF LIABILITY INSU C'TALLBID 92 °"12/17/03 PRODUCER Hrakke-Schafnitz Ina. Brokers THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #0428915 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 28202 Cabot Road, Suite 500 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Laguna Niguel CA 92677-1251 Phone: 949-365-5100 Fax:949-365-5161 INSURED INSURER A: Transportation Ina Co NSURER B: Calle Perfecto Business Park LLC 19790 Fairchild Rd. #120 Irvine CA 92612 RISURERC INSURER D: INSURER E: % COMMERCIAL GENERAL LIABILITY COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOO INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO PINCH THIS CERTIFICATE MAY BE ISSUED OR MAY PEWAIN. TME NSURAMCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS ANO CONODIONS OF SUCH POLICES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLANS, INSR LTR TYPE OF INSURANCE POLICY NUMBER DATE DATE MMO CY EKIPIRI lsaTs San Juan Capistrano CA 92679 GENERAL LIABILITY AI/THORQED REMESENTAtnre EACH OCCURRENCE $1000000 A % COMMERCIAL GENERAL LIABILITY 2026468441 11/14/03 11/14/04 cIRE DAMAGE WWPINnreI 9100000 CLAIMS MADE OOCCUR Awn EXP DUtlraM PaRanl $10000 PERSONAL a ADV NRIRY $1000000 X Hired/NOA $100000 GENGIULAGGREGATE 52000000 GENT AGGREGATE OUT APPLIES FOR PRODUCTS -COMPIOP AOG $2000000 - POLK'Y P� F7 LOC AUTOMOBILE LIABILITY ANYAUTO COMBINED SINGLE UNIT S (EA eedd&Yd ALL O WNEO AUTOS SCHEDULEDAUTOS BODILY 94AAY (Par PP,I $ HIRE° AUTOS NON-OWNEO AUTOS BODILY INJURY s IFNYII $ PROPERTY DAMAGE I {PN aC q GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN FA ACC $ AUTO ONLY: ABO $ ANYAUTO A EXCESS LABILITY OCCUR �cwuSMADE 2026468441 11/14/03 11/14/04 EACH OCCURRENCE 52000000 AGGREGATE $2000000 s 5 DEDUCTIBLE X RETENTION $ 10000 S WORKERS COMPENSATION AND EMPLOYERS LIABILITY ITORY TS L 10ift E.L. EACH ACCIDENT S E.L. DISEASE • EA EMPLOYEE S E.DISEASE. POLICY LMT S OTHER DESCRIPTION OF MEMTIONBILOCAT)ONSNENICLESIEXCLWNNIS ADDED SY DOONSEMENTMPECMI PROVISIONS Certificate Holder is named as additional insured '(on General Liability policy) per attached endorsement. 10 day notice of cancellation for non-payment of premium. CERTIFICATE HOLDER y I AwToRwL"Euno; INSuRMLMIR: CANCELLATION CITYSJ SHOULD ANY OF THEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EIIPURATION DATE THEREOF, THE ISSUING INSURER WR.L ENDEAVOR TO MML r2SLDAY5WRMM NOTICE TO TME CERTIFICATE MOLDER NANEDTO THE LER, BN FAAUR! T00060 iHALL City of San Juan Capistrano 32400 Paseo Adelanto IMPOSE NO OBUIGAT)ON OR LIABILITY OF ANY RIND WON THE INSURER, BS AGENTS OR San Juan Capistrano CA 92679 REPRESENTATIVES. AI/THORQED REMESENTAtnre Michael Stutzman ACORD 25S (7197) [ CORD CORPORATION T998 Policy number: 2026468441 Insured: Calle Perfecto Business Park THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CG20 10 1185 ADDITIONAL INSURED — OWNERS, LESSORS or CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE. PART SCHEDULE Name of Person or Organization: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (If no entry appears above, information required to complete this endorsement will be shown in the declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of 'your work" for that insured by or for you. August 9, 2002 Calle Perfecto Business Park 19700 Fairchild, #120 Irvine, California 92612 0 IS 32400 PASEO ADELANTO SAN .JUAN CAPISTRANO, CA 92675 MEMBERS OF THE CIT(COA (949) 493-1171 nultnB 1776 (949) 493-1053 (FAX) CAMPBELL w Ivry. sanjuancapisirano. org �A August 9, 2002 Calle Perfecto Business Park 19700 Fairchild, #120 Irvine, California 92612 0 IS I111t11111 1961 MEMBERS OF THE CIT(COA CW E L BATHGAMTE CAMPBELL JOHNS. JOHN SART HART DAVID DAND M. SWERDUN CITY MANAGER GEORGESCARROROUGH RE: Compliance with Insurance Requirements - Hold Harmless & Subdivision G Agreements \ Q The following insurance document is due to expire: � \ Q x V 1 n Please submit updated documentation to the City of San Juan Capistrano, attention City Clerk's office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 by the above expiration date. If you have any questions, please contact me at (949) 443-6310. 40Sincerelyy, /^Ay, 4 � /�/A/�� ) 1 Dawn M. Schanderl Deputy City Clerk cc: Sam Shoucair San Juan Capistrano: Preserving the Past to Enhance the Future acoRc CERTIFICA@E OF LIABILITY MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH INSUP&NC� OP 10 A DATE( MllDD// INSRI LTR I TYPE OF INSURANCE POLICY NUMBER 0) oNCo-1 o7na2 PRODUCER LIMITS i IS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Brakke-Schafnitz Ins. BrokersppNLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #0428915 � A $ COMMERCIAL GENERAL LIABILITY, ! 9OLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26202 Cabot Road, Suite 500 06/01/03 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. CLAIMS MADE "J OCCUR Laguna Niguel CA 92677-1251 Phone:949-365-5100 Fax:949-347-7067 _�- ��OWner/Cont Prot. INSURERS AFFORDING COVERAGE INsureED 5'- INSURERA' Evanston Insurance Co -- Calle Perfecto Business Parky., -- ��NsuRER B INSURER - Insurance Cc of Pennsylvania Gainsco LLC, a California limited �k G j, liabiilty company (et -al) U C_.'� Concorde Development 19700 Fairchild, #120 INSURER D: _— -- Harbor Specialty Ins. Cc Irvine CA 92612 -' I AUTOMOBILE LIABILITY INSURER E. Allied World Assurance Co. Ltd COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRI LTR I TYPE OF INSURANCE POLICY NUMBER YEFF I DATE MMIDDM P LI XPIRA I DATE MWDDNY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 , O D0,000 � A $ COMMERCIAL GENERAL LIABILITY, 02GLP1004748 06/01/02 06/01/03 _ FIREDAMAGE(Anyonefire) $50,000 CLAIMS MADE "J OCCUR MEDEXP(Anyonepeacn) 1, $Excluded ��OWner/Cont Prot. PERSONAL S ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 IJ PRODUCTS - COMP/OP AGO $1,000,000 - GEN' L AGGREGATE LIMIT APPLIES PER: x I POLICY PRO- LOC ECT I AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1000000 C `_ ANY AUTO GPP209424 12/23/01 12/23/02 (Eeacadent) - ALL OWNED AUTOS r BODILY INJURY SCHEDULED AUTOS F-J(Per per $ }( HIREDAUTOS INJURY - $ }i NON OWNED (Per aocldenQ PROPERTY DAMAGE $ (Per accident) I GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ _ �' ANY AUTO AUTO ONLY: AGG S EXCESS LIABILITY EACH OCCURRENCE 55,000,000 B'_ _ OCCUR i'LlCLAIMS MADE 42023905 06/17/02 06/01/03 AGGREGATE s5,000,000 $ � DEDUCTIBLE RETENTION $ I I $ WORKERS COMPENSATION AND I LIMITS PR EMPI NYER6' VABILITY U %'NB2637202 08/15/01 08/15/02 _TORY _ — -- E L. EACH ACCIDENT $ 1000000 E. L. DISEASE - EA EMPLOYEE $ 1000000 E.L. DISEASE POLICY LIMIT $1000000 OTHER E I2nd Layer Excess �C000491 06/17/02 06/01/03 1C�' +v DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS - n Certificate Holder is named as additional insured (on general liabiltiy - (b m policy) per attached endorsement. 10 day notice of cancellation for� rn non-payment 0 s O N CERTIFICATE HOLDER N ADDITIONAL INSURED; INSURER LETTER: CANCELLATION CITYSJ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of San Juan Capistrano IMPOSE NO OB IG 32400 Paseo Adelanto ATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR San Juan Capistrano CA 92675 REPRESENT Calle Perfecto Business Park LLC, a California Limited liability company and Concorde Development Policy number: 026LP1004748 Policy term: 6.1.02 to 6-1-03 CG2010 10193 ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insur: ;ce provided under the fol;owing: COMMERCIAL GENERAL LIABILITY COVERAGE PART This endorsement changes the policy effective on the inception date of the policy unless another date is indicated. SCHEDULE Name of Person or Organization: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) ".11110 IS AN INSURED (Sc °) ` d P 9 AN ��m„On i� is amended to include a3 aOIUSUIL•d tfle person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. 32400 PASRO ADELANTO SMI JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) www.sanjuancapistrano.org • � RRIRIRf1 nmLnlR I 1961 Ins MEMBERS OF THE CITY COUNCIL DIANE L. BATHGATE COLLENECA SELL JOHN S. GELFF WATT HART DAVID M. SWERDLIN CRY MANAGER GEORGE SCARBOROUGH May 31, 2002 SECOND RFQUr:,S.i -i- I o I oz Mr. Dennis Gage Calle Perfecto Business Park 19700 Fairchild Road, Suite120 Irvine, California 92612 RE: Compliance with Insurance Requirements - Subdivision Improvement Agreement - TTM 15853 The following insurance documents are due to expire: Y General Liability Certificate 6/1/2002 V General Liability Endorsement naming the City of San Juan Capistrano as additional insured. Please submit updated documentation to the City of San Juan Capistrano, attention City Clerk's office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 by June 10, 2002. If you have any questions, please contact me at (949) 443-6310. Sincerely, `UUM,&l&166� Dawn M. Schanderl Deputy City Clerk cc: Sam Shoucair, Michelle Noreillie, Administrative Assistant San Juan Capistrano: Preservi:rg the Past to Enhance the Future f � CERTIFICAlf OF LIABILITY INSUF*NC� DATE(MWDD/YY) OP AC ONCO-1ID 11/01/01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION P.,rakke-Scha£nitz Ins. Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE V82cense#0428915 02 Cabot Road, Suite 500 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Laguna Niguel CA 92677-1251 Phone:949-365-5100 Fax:949-347-7067 INSURED Calle Perfecto Business Park LLC, a California limited liability compopmnt any (et -al) 6 Concorde Devel@ 19700 Fairchild, #124 Irvine CA 92612 INSURER A: Evanston Insurance CO INSURERS: Insurance Cc of Pennsylvania INSURER C. Harbor Specialty Ins. Co INSURER D: INSURER E'. A COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILpTR TYPE OF INSURANCE POLICY NUMBERDATE MMIDDIYY DATE MM/DO LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A X COMMERCIAL GENERAL LIABILITY 01GLP1004748 06/01/01 06/01/02 FIREDAMAGE(Anywefire) $50,000 CLAIMS MADE ❑X OCCUR MED EXP (Any one Person) $ Excluded PERSONAL S FJJVINJURY $1,000,000 X Ownar/C�nt Prot. GENERAL AGGREGATE 52,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGO $1,000,000 POLICY PRO- LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea a¢itlenf) BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Per person) BODILY INJURY $ HIRED AUTOS NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per amidenU GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ 10,000,000 B OCCUR CLAIMS MADE 42018117 06/01/01 06/01/02 AGGREGATE $10,000,000 $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND (AEU "UIH I TORVLIMITS ER G, EMPLOYERS' LIABILITY WN82637203 08/15/01 08/lb/02 E.LEAc11AMITSJT S 100000 E.L. DISEASE-EAEMPLOYEE 000000 E.L. DISEASE OLICY LIMIT 171000000 OTHER T_�,; - C_n M "~ ' ' m_ DESCRIPTION OF OPERATIONSILOCATIONSfVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS - ' - W m 10 day notice of cancellation for non-payment of premium. Certificate to v Halder named as Additional insured on the General Liability policy as thein, a interest may appear (per attached endorsement). CZ CERTIFICATE HOLDER N I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION CITYSJ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL i0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of San Juan Capistrano =ENT IGATIONORLIABILITY 32400 Paseo Adelanto OF ANY KIND UPON THE INSURER, ITS AGENTS OR San Juan Capistrano CA 92675 REPRESENT _ 25-3 (7/97) x� Calle Perfecto Business Park LLC, a California Limited liability company and Concorde Development Policy number: 01 GLP1004748 Policy term: 6-1-01 to 6.1-02 CG2010 10193 ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This endorsement changes the policy effective on the inception date of the policy unless another date is indicated. SCHEDULE Name of Person or Organization: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) "JHOIS AN INSURED ;Section 11) is amended !o include as an. insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. CERTIFICAlf OF LIABILITY INSU%NC�O,,CO D Al DATE (MMIDOfYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION r-Cabot bchamnitz Ins. Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE e #0428915 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Road, Suite 500 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Laguna Niguel CA 92677-1251 Phone: 949-365-5100 Fax:949-347-7067 INSURERS AFFORDING COVERAGE Calle Perfecto Business Park LLC, a California limited liability comppany (et -al) & Concorde Developm nt 19700 Fairchild, 120 Irvine CA 92612 INSURER A: Evanston Insurance Cc INSURER B: Insurance CO of Penns INSURER C: Harbor Specialty Ins. INSURER D. � i . 1 _ A _ _ �- COVERAGES T 1 _� vc� :2 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OFINSURANCE POLICY NUMBER DATE MMIDDm E DATE MMIDD/YY LIMITS GENERAL LIABILITY I EACH OCCURRENCE $1,000,000 A X COMMERCIAL GENERAL LIABILITY 01GLP1004748 06/01/01 06/01/02 FIRE DAMAGE (My one fire) $50,000 CLAIMS MADE O OCCUR MED EXP (Any one person) $ Excluded PERSONAL B ADV INJURY $1,000,000 X Owner/Cont Prot. GENERALAGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER; PRODUCTS - COMPIOP AGG $1,000,000 POLICY PRO LOC ECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Per person) BODILY INJURY $ HIRED AUTOS NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EAACC $ ANY AUTO AUTO ONLY: AGO $ EXCESS LIABILITY EACH OCCURRENCE $10,000,000 $ OCCUR CLAIMS MADE 42018117 06/01/01 06/01/02 AGGREGATE $10,000,000 $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND TORY LIMITS ER C EILFLOYERS'UABLI .' WN82637203 08/15/01 08/15/02 E.L. EACH ACCIDENT $ 1000000 E.L. DISEASE - EA EMPLOYEE $ 100 0000 E.L. DISEASE -POLICY LIMIT 000000 OTHER � n C V) a o DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS 10 day notice of cancellation for non-payment of premium. Certificate Holder named as Additional insured on the General Liability policy as thus=-^ cQO M ' o interest may appear. p CERTIFICATE HOLDER N I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION CITYSJ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN City of San Juan Capistrano NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Attn: City Clerk's office IMPOSE NAOSLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 32400 Paseo Adelanto San Juan Capistrano CA 92675 REPRES ES., 25-S(7/97) - - (1 VACORD CORPORATION 1988 VUV. I(UU i:3iHivi C1nN4: at • • r 1 Calle Perfecto Business Park LLC. a California Limited liability company and Concorde Development Policy number:OIGLP1004748 Policy term: fi-1.01 to 6-1-02 GG2010 10193 ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PAHT This endorsement changes the policy effective on the inception date of the policy unless another date is indicated_ SCHEDULE Name of Person or Organization: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule; but only with respect to liability arising out of your ongoing operations performed for that insured. PAS EO ACIELANTO .1UAN LAPIS No CA 92875 1x49) 493-1171 (949)493-1053(FAX) www.sanjuancapistrano.org August 14, 2001 Calle Perfecto Business Park 19700 Fairchild, #120 Irvine, California 92612 MEMBERS OF THE CITY COUNCIL O L. BATFGATE JOHNS. GEIFF JOHN GREINER W 1.7 MMT O MD M. SWEROUN CITU MANAGER GEORGE SCARBOROUGH q]--lol - RE: Compliance with Insurance Requirements - Subdivision Improvement & Hold Harmless Agreements - Tract 15853 The following insurance documents are due to expire: V General Liability Endorsement naming the City of San Juan Capistrano as additional insured. The endorsement on file expired June 1, 2001. I Workers' Compensation - 8/15101 N ce t ve d, E130101 Please submit updated documentation to the City of San Juan Capistrano, attention City Clerk's office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 by August 24, 2001. If you have any questions, please contact me at (949) 443-6310. Sincerely, /U- 911 Dawn M. Schanderl Deputy City Clerk cc: Sam Shoucair San Juan Capistrano: Preserving the Past to Enhance the Future 3x400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) ".Ww.sanjuancapistrano. org May 31, 2001 Calle Perfecto Business Park 19700 Fairchild, #120 Irvine, California 92612 1��,�i 10(IAl11Ap1 Inln � I961 1776 MEMBERS OF THE CITY COUNCIL DIANE L. AT BATHGE JOHN 5. GE -FF JOHN GREINER W ATT HART DAMD M. SWERDLIN CITY MANAGER GEORGE SCARBOROUGH RE: Compliance with Insurance Reauirements - Subdivision Improvement & Hold Harmless Agreements - Tract 15853 The following insurance documents are due to expire: I General Liability Certificate expires 6/1/01 Com% (0I ICA)c I V General Liability Endorsement naming the City of San Juan Capistrano as additional insured. Please submit updated documentation to the City of San Juan Capistrano, attention City Clerk's office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 by June 11, 2001. If you have any questions, please contact me at (949) 443-6310. Sincerely, Dawn M. Schanderl Deputy City Clerk cc: Sam Shoucair DRUG use 1s San Juan Capistrano: Preserving the Past to Enhance the Future - c,/led IA444Q---e- 6rw- �ua 'Y -U �1\Gi uv lv�l k�l G-- �,q [ L- Sq M 6 11 ° uv 4 clictlol ,� CuL _,_JUN 19 '01 02: AC ollo_ CER OF LIABILITY INSU CE.T UP 111-- - CATE (MMJOUYY) 06!19/0: PglsoticfJ. r THIN CERTIFICATE ISISSUED AS A MATTER OF INFORMATION Brakke-Schafnitz %us . Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Licauss 90428915 HOLDER- THIS CERTIFICATE DOES NOT /WEND, EXTEND OR 46202 Cabot Road, Suite 500 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Laguna Niguel CA 92677-1251 Phoncs949-365-5100 FaX:949-347-7067 INSURED Calls Perfecto Business Park LLC 19710 no CA 92612 Rd. 9120 COVERAGES INSURERS AFFORDING COVERAGE INSURERA. CNA Tnourance -C aniee INSURER B' INSURER C INSURER D, INSURER E: THL POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NINEDABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIFEMEW. TERM OR CONDITION OF ANY CONTRACT OR OTNER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES OESCMMD HEREIN 0 SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS- Ir RR^ TYPE OF INSURANCE I _ POLICY NuYBEN �� 1Mylpplyyl WiE IMWOMY) - --__. _ GENERAL LUIBILfIY A X COMMERCIAL Gf:NERAI LIABILITY 2026468441 CwNIS MAGE a OCCUR 1 UNIT LOC ANY AUTO ALLOWNEDAUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS ANY AlRO acEsc uAeam A Z OCCUR CLAIMS MADE I 12026468441 I NOEDUCTIB RETENTION 310000 Y'OR WAS CONFIRMATION AMD EMPLOYERS UAMLITY 11/14/00 LIMITS y,cHDccuRRENGE $ 1000000 - 11/14/01 FlRE DAMAGE fMy mellnl_ +S 100000 MED EJIP (Any me peNm) S10000 �GENEPERSD�Y s 10a Da 00 _- _ - RALAGGREGATE i a000000T f PRADDGTB - cDMwDP ABD 1&20 00000 _ COMBINED SINGLE UMI s (ED acdaNn) BOOTY INJURY S (PerPNeen) $DOILY INJURY -- il (Pe aalAnU � S j PROPERTY DAMAGE S Yi (PTI FoclAMl) TO ONLY. FI ACCIDENT ' S WHERTHAN EA ACC S AUTO ONLY' AGG~S EACH OCCURRENCE S 2Da0000 11/14/00 11/14/01 AGGREGATE s2000000 E HOLDER IN ADDI IONK INSURED, INSURER LETTER: CANCELLATION city Of San duan Capistrano Paxad: 499-1053 Attul Da -4A Schandarl MST) E L EACH ACCIDENT IS E.L DISEASE. EA EMPLOYEE S E.L DISEASE- POLICY LIMO S CXTY or SHOULD ANY OF TIE ABOVE DESCRIBED POLICIES DE CANCELLED BEFORE THE EAP WATION DATE THEREOF, THE ISSUMS INSURER WILL ENDEAVOR TO MAIL 34_.. DAYS WRITEN NOISE TO TME CERTIFICATE HOLDER NAKED TO THE LEFT, BUT FAILURE TO 00 50 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF MY MO UPON THE INSURER ITS AGENTS OR RE NTATIV 3 Dawn Schanderl From: Dawn Schanderl Sent: Tuesday, June 19, 2001 11:37 AM To: Sam Shoucair Subject: Calle Perfector Business Park Sammy - I haven't received the renewals on the general liability and endorsment form from Calle Perfecto Business Park for Sub. Improv Agreement Tract 15853. Expired on 6/1/01. Help me please Tracking: Recipient Sam Shoucair 1 Read Read: 6/19/2001 1:27 PM ONCO A009P. CERTIFICA* OF LIABILITY INSUIONC� OPI1 A DAO6/22/01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Tir_akke-Schafnitz Ins. Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #0428915 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 28202 Cabot Road, Suite 500 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Laguna Niguel CA 92677-1251 Phone: 949-365-5100 Fax:949-347-7067 INSURERS AFFORDING COVERAGE msuKEu w$URERA' Evanston Insurance Cc Calle Perfecto Business Park ' LLC, a California limited wsU�RER B: _Insurance Cc of Pennsylvania liability company (et -al) 6 INSI URERC Fremont Com ensation Ins Concorde Development 19700 Fairchild, #120 rINSURER Irvine CA 92612 F -------- ------- INSURER E - COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TN LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVEI DATE MMIDD/YY GATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A x COMMERCIAL GENERAL LIABILITY OIGLP1004748 06/01/01 06/01/02 FIRE DAMAGE (Any one fire) $50,000 CLAIMS MADE Imo' OCCUR MED EXP (Any one person) $Excluded i-FOWner/Cont Prot.- P ERSONALB ADV INJURY $1,000,000 GENERALAGGREGATE $2,000,000 PRODUCTS-COMPIOP AGO $1,000,000 GENL AGGREGATE LIMIT APPLIES PER: POLICY JECT LOC AUTOMOBILE LIABILITY I� AAUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS ill (Per person) BODILY INJURY $ HIRED AUTOS Imo; - NON -OWNED AUTOS (Per accident — PROPERTY DAMAGE $ I (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO EA ACC $ AUTO ONLY AUTO ONLY' AGG $ EXCESS LIABILITY EACH OCCURRENCE $10,000,000 $ OCCUR `CLAIMS MADE 42016117 06/01/010601/02 AGGREGATE 810,000,000 $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND TORY LIMITS ER C EMPLOYERS'LIABILITY 1AN0082637202 Ub/1b/0U 08/15/01 E.L. EACH ACCIDENT $1000000 E.L. DISEASE -EA EMPLOYE 000000 E.L. DIS LASE,-POLICYLIMIT 1000000 OTHER C), N m DESCRIPTION OF OPERATION$ LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS 10 day notice of cancellation for non-payment of premium. Certificate"j c Holder named as Additional insured as their interest may appear. C CERTIFICATE HOLDER " N ' ADDITIONAL INSURED; INSURER LETTER: _ CANCELLATION CITYSJ SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BECANCELLED BEFORETHE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN City of San Juan Capistrano NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Attn: City Clerks office IMPOSE NO B IGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 32400 Paseo Adelanto San Juan Capistrano CA 92675 1 Calle Perfecto Business Park LLC, a California Limited liability company and Concorde Development Policy number: OOGLP1004748 Policy term: 6.1-00 to 6-1-01 CG2010 10/93 ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This endorsement changes the policy effective on the inception date of the policy unless another date is indicated. SCHEDULE Name of Person or Organization: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. c CO ion74 � y<n< �OyCD rn i o m z a 0 O JUL-13-2000 13 15 CONCORDE DEVELOPMENT A oRb CERTIFICA:..- ur uptona Asv%F ., __ _ _ 9498330477 P. 02,02 n—EA( Brakke-Schafai tz ins. Brokers 14 bAmse 404P8915 26102 Cabot Road, suite 500 THIS CER71F(CATE DED AS A MATTER OF INFORMATION ONLY AND CONFE 0 RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Laguna Niguel CA 92677-1251 Phone:949-365-5100 Vax:949-347-7067 MOURED Calle Perfecto Business Park LLC a-Ga11�Ornl.a 11ID].te¢ 1.1 ility Company (at -alt b CGon orde DavQapment 19780 Fairchyl�, IF120 Irvine CA 92612i INSURER A, Zvanston Insurance Co -- -- INSURER B: insurance Co of Pennsylvania Cainsco LINS=ZtER:�M!FramontCompensation Ins �—fA THE POLICIES OF NSURANCE LSTED BELOW HAVE BEEN ISSUED TO THE MBURED HAA(ED ABOVE FOR THE POLICY PERIOD INDICATED. NOTMITHSTANDMG ANY REOUNEYFJR. TEAM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TNS CERTIFICATE MAY BE ISSUED OR MAY PERTABL THE INSURANCE AFFORDED BY THE POLICIES DEWASEP HEREN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POIJCMS. AGGREGATE LRRTS SHOWN MAY HAVE BEEN REDUCED BY PND CLAMS. _ L TYPEOFNSUAftwE POLICY NINIBER TE M Y -� -�- UNITS �. A GC6IAL111110IL0Y X CBLBIERCULGtJIERA.,MuY CLAIMS MADE Fx-1 OCCUR X Owner/Cont Prot. 000LP1004748 06/01/oo 06/ol/oi EACH OCCURRENCE 11,000,000 FNEDAMADE(^V"*w) $50 000 mr-O W vm- N rAgAA) S Excluded PERSONALAADVINJURY 91,000,000 GENERAL AGGREGATE $2,000,000 GENL AGGREGATE LNT APPLIES PER: POUCY F1 JET LOC PRODUCTS-COMPIOPAGG $1 000 000 C AUYUMOBRE x X LIANLm/ ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GPP626782 12/23/99 12/23/00 COBIDINED (EnWddwt) $10D0000 BODILY INJURY (PK Pa ) i BOOLY INJURY (PwmddMq i (PROPS * ' -_ GARAGE LUBUM AMYAUTO AUTOONLY-LAACCIDENT i OTHER THAN EAACC AUTO ONLr AGG i .. I S B ESCEEBUNMUT' X OCCUR CLAMSMADE DEDUCTIBLE RETENTION * 42007402 06/01/00 06/01/01 EACH OCCURRENCE1610,000,000 AGGREGA-M � i 10 000 000 s - y D W0wzm COMFEB&ATMINANDLMRS EMRJ7YEASLNNBt7iY W9982637201 08/15/99 08/15/00 ER EL EACH ACCIDENT *1000000 F DW.ASE-EA ELIPLOYER * 1000000 ELMSFASE-POLICYLOWT *1000000 onNER OE9CMP}B7M OF O'MAMM CCrATTON6AIpNCIMOMUOOM AADEM BYERGORBEMENTSPECML PROVIBONS 10 day notice of cancellation for non-payment of premium. Cartificate Bolder named as Additional insured as their intareat may appear. CITY6.7 SHOULD ANY OF TRE ABOVE OESCRIPEO POLICIES E CANCELLED BEFORE THE Eumq U OATETHEREOF. THE UMNWI G WSURERLL ENOEAVOR TO BAR 30 mvswRwmm City OZ San .7tLTN0 Capistrano NOT(cPro THE CER71WATZ HOLDEARMm RTO THE LEFT. BUT FAzwa 7o moso amu Atte: Douglas Dumhart 32400 Paseo Adelaato ruo MD OBUGAIbN OR LIABILITY OFANY KIND UPON THE emUM^RBAOMM OR San J% --n Capistrano CA 92675 N A 10 JUN 2 1 2000 TOTAL P.02 Calle Perfecto Business Park LLC, a California Limited liability company and Concorde Development Policy number: OOGLP1004748 Policy term: 6-1-00 to 6-1-01 1 C 1 E CG2010 10/93 C11i ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This endorsement changes the policy effective on the inception date of the policy unless another date is indicated. SCHEDULE Name of Person or Organization: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. m C2. M 2 M 0 Pi 32400 PAs Eo ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) June 2. 2000 Calle Perfecto Business Park 19700 Fairchild, #120 Irvine, California 92612 t��,r Iltelr1111f1 usru 1961 1776 MEMBERS OF THE CITU COUNCIL COLLENE CAMPBELL JOHN GREINER WYAEF HART GIL JONES DAVID M. SWERDLIN CITY MANAGER GEORGE SCARBOROUGH Re: Renewal of General Liability Certificate of Insurance (Subdivision Improvement Agreement) Dear Gentlemen: The General Liability Certificate of Insurance, regarding the above -referenced service, expired on June 1, 2000. In accordance with your agreement, the insurance certificate needs to be renewed for an additional period of one year. The agreement requires a general liability endorsement form naming the City of San Juan Capistrano as an additional insured. Please forward the updated certificate and the endorsement form to the City, attention City Clerk's office, by June 15, 2000. If you have any questions, please contact me at (949) 443-6310. Thank you for your cooperation. Very truly yours, Dawn M. Schanderl Deputy City Clerk cc:-�j Cheryl Johnson, City Clerk Sam Shoucair, Senior Engineer RR116E Is San Juan Capistrano: Preserving the Past to Enhance the Future 0 0 Dawn Schanderl From: Dawn Schanderl Sent: Thursday, July 13, 2000 11:30 AM To: Sam Shoucair Subject: Calle Perfecto Business Park Letter was sent to Calle Perfecto Business Park in June, 2000 regarding renewal of their General Liability Certificate and endorsement. Insurance expired June 1st. I have not received a response. Help. (happy face, smile, smile) Dawn Schanderl From: Sam Shoucair Sent: Thursday, July 13, 2000 1:22 PM To: Dawn Schanderl Subject: RE: Calle Perfecto Business Park It should becoming to us very soon (per their office 833-1100 ) -----Original Message ----- From: Dawn Schanderl Sent: Thursday, July 13, 2000 11:30 AM To: Sam Shoucair Subject: Calle Perfecto Business Park Letter was sent to Galle Perfecto Business Park in June, 2000 regarding renewal of their General Liability Certificate and endorsement. Insurance expired June 1st. I have not received a response. Help. (happy face, smile, smile) JUL-13-2000 13:15 CONCORDE DEVELOPMENT 9496330477 P.01i02 CONCORDE DEVELOPMENT 19700 Fairchild Road, Suite 120 Irvine, CA 92612 Telephone: 949-833-1100 Fax: 949-833-0477 Please deliver the following material as soon as possible: TO: FROM: 2R - Number of pages— _ (including cover page). PLEASE NOTIFY SENDER D L✓IEDIATELY IF ALL PAGES ARE NOT RECEIVED. Sent by: Date sent: % - /'� - OQ Time sent- Comments/Instructions: ent: Comments/Instructions: -� ��( ,ACORD CERTIFlqkTE OF LIABILITY INS QANCk AD DATE(MM/DDNY) NCO -1 10/13/99 P1kODUCER THIS CERTIFICATIMS ISSUED AS A MATTER OF INFORMATION b akkOB-Schafnitz Ins. Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE L' cense #0428915 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR J r 202 Cabot Road, Suite 500 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. S,a%una Niguel CA 92677-1251 INSURERS AFFORDING COVERAGE Phone:949-365-5100 Fax:949-347-7067 Calle Perfecto Business Park LLC a California limited MLility coopmppany (et -al) 19700 Fairchild, #120 Irvine CA 92612 COVERAGES INSURER A: Steadfast Insurance Comps INSURER B: Agriculture Insurance Co. INSURER C: Gainsco INSURERD: Fremont Compensation Ins INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTIRATION R TYPE OF INSURANCE POLICY NUMBER DATE MMIDDIYY ICY EFFECTIVE OLICY DATE MNVDDNY LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 FIRE DAMAGE (Any one fire) $50,000 A X COMMERCIAL GENERAL LIABILITY SC0364438701 06/01/99 06/01/00 CLAIMS MADE aX OCCUR MED EXP (Any one person) $ Excluded PERSONAL B ADV INJURY $1,000,000 R Owner/Cont Plot. GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS•COMP/OP AGG $1,000,000 POLICY M JPR LOC C AUTOMOBILE LIABILITY ANYAUTO GPP626782 12/23/98 12/23/99 COMBINED SINGLE LIMIT $1000000 (Ea acciaenD (Ea BODILY INJURY (Per Person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accdent) $ X X HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ (Per acadenq GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG S EXCESS LIABILITY EACH OCCURRENCE $10,000,000 B $ OCCUR CLAIMS MADE EXC270385102 06/01/99 06/01/00 AGGREGATE $10,000,000 8 S DEDUCTIBLE $ RETENTION § WORKERS COMPENSATION ANOTORY LIMITS ER D EMPLOVERS'LIABILIIY NN9982637201 08/15/99 08/15/00 E.L.EACHACCIDENT $1000000 E.L. DISEASE - EA EMPLOYEE $ 1000000 E.L. DISEASE -POLICY LIMIT I $ 1000000 OTHER O n --r DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS . M 10 day notice of cancellation for non-payment of premium. Certificate _ Holder named as Additional insured as their interest may appear. txf < W 11 - - o CERTIFICATE HOLDER N I ADDITIONAL INSURED; INSURER LETTER: _ CANCELLATION Zo CITYSJ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN City of San Juan Capistrano NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL At tn: Douglas Dumhart IMPOSE BLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 32400 Paseo Adelanto San Juan Capistrano CA 92675 REPR ry IVES. (7197) POLICY NUMBER: 0` 3R7 -^i 111 THIS ENOORSEMENT CHA,'NGE1S THE POLICY. PLEASE READ IT CAREFULLY. CG 20 10 1185 ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF SAN JUAN CAPISTRANO CL 24 01-8: (If no entry appears above, information required to -complete this endorsement will be shown in the Declaratigns a applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. Copyright, Insurance Services Office, Inc., 1984 Bond No. B34224559 Premium $2,000 SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE. 66499.1) STORM DRAIN TENTATIVE TRACT MAP 15853 WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Calle Perfecto Business Park, LLC a California Limited Liability Company (hereafter designated as "Principal'), have entered into a Subdivision Agreement whereby Principal Agrees to install and complete certain designated public improvements, where said Agreement dated and made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, we, the Principal and Gulf Insurance Company As Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee", in the sum of One Hundred Thousand Dollars and NO/100ths------------- ($100,000) Dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. 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 of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder. Execute this 15th day of Jam, 2002 at Irvine. California. Calle Perfecto Business Park, LLC a California Limited Liability Company By: Ferrari Investments, a California corporation, Manager (Principal) By: Gulf I �. By: _ Monroe Attorney -In -Fact Page 2 — Subdivision Performance Bond �J STATE OF California 55. COUNTY OF Orange On 1 5 90V PERSONALLY APPEARED before me, V.M. Campbell, Notary Public Janina Monroe personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature ym cc A OPTIONAL N / V.P . 'M NOTARY V1 W $x� Oomr, #1200319 a NOTARY PUFWC-CAJPORNIA to ORANGE COUfiIY nmi My Comm. Expires Nov. 25, 2002 This area for Official Notarial Seat Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OP PERSONI51 OR ENTRYtI£S) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED A80VE I0-081 @ev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT + GULF INSURANCE COMPANY • HARTFORD, CONNECTICUT POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. KNOW ALL MEN BY THESE PRESENTS: That the Gulf Insurance Company, a corporation duly organized under the laws of the State of Connecticut, having its principal office in the city of Irving, Texas, pursuant to the following resolution, adopted by the Finance & Executive Committee of the Board of Directors of the said Company on the 10th day of August, 1993, to wit. "RESOLVED, that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney -in -Fact, such persons, firms, or corporations as may be selected from time to time: and any such Attorney -in - Fact may be removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors RESOLVED, that nothing in this Power of Attorney shall be construed as a grantof authority to the attorney(s)-in-fact to sign, execute, acknowledge. deliver or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED, that the signature of the President, Executive Vice President or any Senior Vice President, and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile sea! shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached." Gulf Insurance Company does hereby make, constitute and appoint TOM MCCALL VICTORIA M. CAMPBELL JANINA MONROE its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as it any bonds, undertakings and documents relating to such bonds arid/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorney(s)-in-fact, pursuant to the authority herein given, are hereby ratified and confirmed. The obligation of the Company shall not exceed five million (5,000,000) dollars IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to he signed by any officer of the Company and its Corporate Seal to be hereto affixed. \�sS�RANGE CO GULF INSURANCE COMPANY SEAL STATE OF NEW YORK SS �ONNEc COUNTY OF NEW YORK Lawrenee P. Miniter Executive Vice President On this 1st day of October, AD 2001, before me came Lawrence P. Minter, known to me personally who being by me duly sworn, did depose and say: that he resides in the County of Bergen, State of New Jersey; that he is the Executive Vice President of the Gulf Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. \�rMrwerges N Y I STATE OF NEW YORK SS 7 7Ai/gL�GyO� COUNTY OF NEWYORK 3 oFNEN ANGIE b1AHABIR-BEGAZO Notary Public. State of New York No. 01MA6019988 Qualified in Kings County Commission Expires February 16, 2003 I, the undersigned, Senior Vice President of the Gulf Insurance Company, a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. SUn:.Nepe , Signed and Sealed at the City of New York. Dated the JUL 1 5 200PIay of 20 FSP °.y V A c� c,�PPd�TF 92 _ SEAL °O'kNlei��$ George Biancarch Senior Vice President CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 1-6d,&4 � J ss. On �✓�� , before ��/L�� Date Nr antl Title of Officer (e .,'Jane Doe, Notary ubllc' personally appeared c—X- , N.o(5) of Sgne,fe) EUGENA D. GENTRY Commission s 1342879 Notary Public - Ca9famia Orange County IMyComm E*MFeb28,20W Place Notary Seal Above personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS yhand a'nndofficial eal. ire W Notary Publi OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: CI Individual C' Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General 7 Attorney in Fact G Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER ®1997 National Notary Association • 9350 De Soto Ave., PQ, Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 R ... de, Call Toll -Free 1-800876-6827 0 9 Dawn Schanderl From: Sam Shoucair Sent: Thursday, July 25, 2002 2:59 PM To: Dawn Schanderl Subject: FW: Labor and Material Bond - Called Perfecto Business Park -----Original Message ----- From: Will Huber Sent: Thursday, July 25, 2002 2:06 PM To: Sam Shoucair Subject: RE: Labor and Material Bond - Called Perfecto Business Park Sam I concur with your response. -----Original Message ----- From: Sam Shoucair Sent: Thursday, July 25, 2002 9:05 AM To: Bill Huber Cc: Dawn Schanderl Subject: RE: Labor and Material Bond - Called Perfecto Business Park Bill, the following is my opinion. If you concur, then I'll pass on the confirmation to Dawn. If you have concerns or questions, then let me know and we will discuss. Thanks The original bond was for the construction of the entire on-site storm drain system. This storm drain system was constructed couple of years ago, however, the terminal section of a pipe needs to be relocated, the estimated cost is about half the amount of the newly posted bond. Therefore, keeping the new band, which is equivalent to double the estimated amount, is safer than reducing the bond by half and adding the Labor and material. (There may be some unforeseen expenses imposed by the county as a requirement for constructing an outlet at the creek's levee, where the storm drain pipe would terminate). I would be satisfied with the current faithful performance bond. -----Original Message ----- From: Bill Huber Sent: Wednesday, July 24, 2002 10:58 AM To: Sam Shoucair Subject: FW: Labor and Material Bond - Calle Perfeto Business Park Please respond to Dawn -----Original Message ----- From: Dawn Schanderl Sent: Wednesday, July 24, 2002 10:56 AM To: Bill Huber Subject: Labor and Material Bond - Calle Perfeto Business Park Bill, I'm in receipt of the replacement required for Storm Drain,TTM 15853 bond come later or ? Thanks Subdivision Faithful Performance Bond but not the Labor and Material. Will this 0 Dawn Schanderl 0 From: Sam Shoucair Sent: Thursday, July 25, 2002 9:05 AM To: Bill Huber Cc: Dawn Schanderl Subject: RE: Labor and Material Bond - Called Perfecto Business Park Bill, the following is my opinion. If you concur, then I'll pass on the confirmation to Dawn. If you have concerns or questions, then let me know and we will discuss. Thanks The original bond was for the construction of the entire on-site storm drain system. This storm drain system was constructed couple of years ago, however, the terminal section of a pipe needs to be relocated, the estimated cost is about half the amount of the newly posted bond. Therefore, keeping the new bond, which is equivalent to double the estimated amount, is safer than reducing the bond by half and adding the Labor and material. (There may be some unforeseen expenses imposed by the county as a requirement for constructing an outlet at the creek's levee, where the storm drain pipe would terminate). I would be satisfied with the current faithful performance bond. -----Original Message ----- From: Will Huber Sent: Wednesday, July 24, 2002 10:58 AM To: Sam Shoucair Subject: FW: Labor and Material Bond - Calle Perfeto Business Park Please respond to Dawn -----Original Message ----- From: Dawn Schanded Sent: Wednesday, July 24, 2002 10:56 AM To: Bill Huber Subject: Labor and Material Bond - Calle Perfeto Business Park Bill, I'm in receipt of the replacement Subdivision Faithful Performance Bond required for Storm Drain,TTM 15853 but not the Labor and Material. Will this bond come later or ? Thanks CALLE PERFECTO BUSINESS PARK, LLC 19700 FAIRCHILD RD. SUITE 120, IRVINE, CA 92612 (949) 833.1100 (949) 833.0477 fax c.. c r - rn July 17, 2002 m N < a. m x —o 0 Mr. William Huber Director of Engineering and Building as City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RE: Tract 15853, Calle Perfecto Business Park, LLC, Storm drain improvement Bond Dear Mr. Huber, Per your letter of July 12, 2002 please find enclosed a $100,000 Subdivision Faithful Performance Bond for the Storm Drain located in Tract 15853 at the Calle Perfecto Business Park. In your letter you have requested a Faithful Performance as well as a Labor and Material Bond each for $100,000. Please be advised that we estimate the cost of relocation for the storm drain to be approximately $50,000. The bond provided is double the amount that would be needed, should the drain require replacement in the future. We will be happy to provide you with an engineering estimate to ensure that this bond alone will more than cover the cost of relocation. However, we do not believe that SunCal can successfully put this drain in another location. Please feel free to contact me at 949-833-1100, ext. 25 to discuss this issue further if necessary. Best regards, Calle Perfecto Business Park, LLC Dennis Gage Managing Member Cc: John Shaw Meg Monahan Sam Shoucair Enclosure 32400 PASEO ADELANTO SAN .JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) www.sanjuancapistrano.org July 22, 2002 Ronald Freeman SunCal Companies 5109 E. La Palma, Suite D Anaheim, CA 92807 1 moon � 1961 1776 MEMBERS OF THE CITY COUNCIL DIME L. BATHGATE COLLENE CAMPBELL JOHN S. GEIFF MATT HAAT DAVID M. SWERDLIN CITY MANAGER GEORGE SCARBOROUGH Re: Tentative Tract 14196 & Tract 15686, SJD Partners Ltd. (SunCal), Subdivision Improvement Bonds - Final Notice Dear Mr. Freeman: You were informed in our letters dated January 10, 2002 that, as a result of the dissolution of Frontier Insurance Company, the original sureties, issued by Frontier Insurance Company for the subject tracts, required replacement (please see enclosed letters). To date, the replacement to such bonds has not occurred. These bonds were issued by Frontier Insurance Company to insure the construction of certain improvements associated with the development of the subject tracts. These bonds were accepted by the City Council. It would require a city council action to release or reduce such bonds when the final sign -off and acceptance are approved by the City Engineer. Therefore it is urgently necessary and required to replace such bonds with equivalent sureties that would meet the requirement stipulated in the Development Agreement for Tract 14196 and the Improvement and Reimbursement Agreement for Tract 15686. Equivalent sureties/bonds or a cash deposit are long due and must be submitted to the City immediately. If the City does not receive such securities by August 7, 2002, the City will stop the processing of any application associated with the subject properties and this matter will be submitted to the City Attorney for legal action. Your cooperation in resolving this situatioi questions or additional information needed, at (949)443-6336. Very truly yours, William M. Huber Director of Engineering and Building is most appreciated. Should there be any please do not hesitate to contact me directly onus use Is San Juan Capistrano: Preserving the Past to Enhance the Future July 22, 2002 Ronald Freeman Replacement of bonds page 2 WMH/SS cc: John Shaw Meg Monahan Sam Shoucair CAVIyFiles\Letters\Tracts Maps\TR- 15686 SJD Partners Ltd - 2nd notice - Bonds.wpd i� U 32400 FASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) www.sanjuancapistrano.org January 10, 2002 Ronald Freeman SunCal Companies 5109 E. La Palma, Suite D Anaheim, CA 92807 Juse � !y I uunnru numnx 196) 1776' • MEMBERS OF THE CITY COUNCIL DIANE L. SATHGATE COLLENECAMPBELL JOHN S. GEIFF WYATT HART DAVID M. SWERDLIN CITY MANAGER GEORGE SCARBOROUGH Re: Tract 15686,SJD Partners Ltd., Subdivision Improvement Bonds Dear Mr. Freeman: The City has received a notice from the State Department of Insurance, Conservation & Liquidation Office, that "Frontier Insurance Company" is in the process of being liquidated, and that all sureties/bonds issued by this company will be canceled, in accordance with a recent court order extension, on January 30, 2002. Frontier Insurance Company has issued certain sureties associated with the subject development. The bond listed below, was issued by Frontier Insurance Company for the development of the subject tract. This bond was accepted by the City Council. It would require a city council action to release or reduce such bond when the final sign -off and acceptance are approved by the City Engineer. Therefore it is urgently necessary and required to replace such bond with equivalent sureties that would meet the minimum requirement stipulated the Improvement and Reimbursement Agreement for Tract 15686. _._ _ _._ _. _..... SD00082819 Subdivision Pert Impr. Associated with Valle Rd $2,157,543 Equivalent sureties/bond for the amount listed in the above table must be submitted to the City by Friday, January 25, 2002 . Please contact pp at (949)443-6355 should you have any questions regarding this issue. 6zvl�� 10-ucalr Engineer enclosure cc: B. Huber Amy Amirani Meg Monahan C:\MyFiles\Letters\Tracts Maps\TR- 15666 SJD Partners Ltd - Bonds.wpd rROMS"El If San Juan Capistrano: Preserving the Past to Enhance the Future 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493.1171 (949) 493.1053 (FAX) 1MIR sanjuancapistrano. org January 10, 2002 Ronald Freeman SunCal Companies 5109 E. La Palma, Suite D Anaheim, CA 92807 d«aur 1[IIn11R1 • mown � il61 17%6 0 MEMBERS M THE CITY COMM DME L BATHGATE COLLEW CAMPBELL JOHN S. GEUT WTATT HART MAD M. SWERDJN CITYMANAGER GEORGE SCARBOROUGH Re: Tract 14196,SJD Partners Ltd., Subdivision Improvement Bonds Dear Mr. Freeman: The City has received a notice from the State Department of Insurance, Conservation & Liquidation Office, that "Frontier Insurance Company" is in the process of being liquidated, and that all sureties/bonds issued by this company will be canceled, in accordance with a recent court order extension, on January 30, 2002. Frontier Insurance Company has issued certain sureties associated with the subject development. The bonds listed below, were issued by Frontier Insurance Company for the development of the subject tract. These bonds were accepted by the City Council. It would require a city council action to release or reduce such bonds when the final sign -off and acceptance are approved by the City Engineer. Therefore it is urgently necessary and required to replace such bonds with equivalent sureties that would meet the minimum requirement stipulated the Subdivision Improvement Agreement for Tract 14196. SD00031627 SD00031627 SD00076875 F Pen` Storm Drain Trunk Lines Labor & Material F Pert Constr. of Water Facilities (Pacific Point) $255,925 $255,925 $245,300 Equivalent sureties/bonds for the amounts listed in the above table must be submitted to the City by Friday, January 25, 2002. Please contact me at (949)443-6355 should you have any questions regarding this issue. olnlo ua n San Juan Capistrano: Preserving the Past to Enhance the Future 0 0 January 10, 2002 SJD Partners Ltd, Pacific Point Bond replacement Page 2 SS/HS enclosure cc: B. Huber Amy Amirani Meg Monahan Craig Harris C:\MyFiles\Letters\Trscts MapMTR- 14196 SJD Partners Ltd - Bonds.wpd a 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) www. sanjuancapistrano. org July 12, 2002 Dennis Gage Calle Perfecto Business Park C/o Concorde Development 19700 Fairchild Rd., Ste 120 Irvine, CA 92612 d«a„ NHAIIAIIfI ssuumu � 1961 1776 1� MEMBERS OF THE CITY COUNCIL DIANE L. BATHGATE COLLENE CAMPBELL JOHN S. GELFF MATT HAAT DAVID M. SV RDLIN CITY MANAGER GEORGE SCARBOROUGH Re: Tract 15853, Calle Perfecto Business Park, LLC, Storm drain Improvement Bond. Dear Mr, Gage: You were informed in our letters dated January 9, 2001 and March 13, 2002, that, as a result of the dissolution of Frontier Insurance Company, the original storm drain sureties, issued by Frontier Insurance Company for the subject tract, required replacement. To date, the replacement to such storm drain bonds has not occurred. On March 26, 2002, we had a brief meeting regarding this particular issue. The points of discussion and outcome were as follows: The City does not allow the construction of permanent public storm drain facilities under any structure within its boundaries. In order to avoid delays the County Flood Control District would have imposed on this project by disallowing a new drainage outlet be constructed in the creek levee during the entire rainy season, a pipe section of the temporary public storm drain facility was realigned to discharge the runoff into an existing creek levee outlet behind lot (4). This diversion caused the temporary storm drain system to be constructed under the building, located on lot (4) of subject's tract . Per city's requirement, Calle Perfecto Business Park, LLC had posted securities for storm drain improvement purposes until the permanent storm drain system is completed and accepted by the City. Frontier Insurance Company, who had originally issued the storm drain sureties for the subject development, was liquidated last year. Until the construction of the permanent storm drain facility is completed and accepted by the City, Calle Perfecto Business Park, LLC shall replace the storm San Juan Capistrano: Preserving the Past to Enhance the Future Mr. Denis Gage July 12, 2002 Page 2 drain bond with equivalent sureties that would meet the minimum requirement stipulated in Section 2.1 of the Subdivision Improvement Agreement for the subject tract. The Storm drain bond requiring substitution is listed below: SD00083506 Faithful Performance $100,000 SD00083506 Labor & Material $100,000 The most recent storm drain plans, submitted by SunCal Development, indicate a new alignment which does not, in any way, encroach into Calle Perfecto Business Park property. Therefore SunCal Development will not construct nor improve any existing storm drain facility within Calle Perfecto Business Park property. Calle Perfecto Business Park, LLC. is therefore required to complete the construction of the permanent public storm drain facility. In order for Calle Perfecto Business Park, LLC. to properly complete the construction of the permanent storm drain system, Calle Perfecto Business Park, LLC shall submit for review and shall obtain City approval for, a revised storm drain plans showing the permanent public storm drain alignment within the corresponding 20 - wide public easement. The equivalent sureties/bonds or a cash deposit for the amounts listed above is long due and must be submitted to the City immediately. If the City does not receive such equivalent sureties/bonds or a cash deposit by August 2, 2002, this matter will be submitted to the City Attorney for legal action. Please contact me at (949)443-6336 should you have any questions regarding this issue. Very truly yours, 1,�d, �4L/ William M. Huber Director of Engineering and Building WMHISS cc: John Shaw Meg Monahan Sam Shoucair C:NyFiles\Letters\Tracts Maps\GAGE, Calle Perfecto BorrdsSmpd 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) August 11, 1999 �j �mmvnuu unuuw 1961 1776 Mr. Dennis Gage Calle Perfecto Business Partners, LLC c/o Concorde Development 19700 Fairchild Road, Suite 120 Irvine. California 92612 MEMBERS OF THE CIN COUNCIL COLLENE CAMPBELL JOHN GREINER WYATT HART GILJONES OAVIO M. SWERDLIN CITY MANAGER GEORGE SCARBOROUGH Re: Final Map and Subdivision Improvement Agreement - Tract 15853 Dear Mr. Gage: At their meeting of August 3, 1999, the City Council of the City of San Juan Capistrano took action to approve Final Tract Map 15853 and the Subdivision Improvement Agreement for the Calle Perfecto Business Park. The Subdivision Improvement Agreement has been forwarded to the Orange County Recorder's Office; a fully -executed copy is enclosed for your files. Please feel free to contact Sam Shoucair at 443-6355 if you have any questions. Very truly yours, Cheryl Johon City Clerk Enclosure cc: Fred Cornwell Engineering and Building Director (with enclosure) Sam Shoucair (with enclosure) DBUG USE IS ABId San Juan Capistrano: Preserving the Past to Enhance the Future 0 0 6. APPROVAL OF REJECTION OF BID AND AUTHORIZATION TO REBID - DOWNTOWN LIGHTING PROGRAM, PHASE II (CIP NO. 118) (600.30) As set forth in the Report dated August 3, 1999, from the Engineering and Building Director, the bid from High Light Electric was rejected; Staff was authorized to rebid the project for construction starting in January, 2000. 7. APPROVAL OF FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 15853 CALLE PERFECTO BUSINESS PARK LOCATED AT THE NORTHERN TERMINUS OF CALLE PERFECTO (600.30/420.40) t As set forth in the Report dated August 3, 1999, from the Engineering and Building Director, the Final Map and Subdivision Improvement Agreement for Tract 15853, Calle Perfecto Business Park, was approved for recording; the City Engineer and City Clerk were authorized to execute the Final Map; the Mayor and City Clerk were authorized to execute the Subdivision Improvement Agreement and accept the corresponding securities; and the City Clerk was directed to forward the Map and Subdivision Improvement Agreement to the Orange County Recorder's Office for recordation. 8. APPROVAL OF SPEED HUMP INSTALLATION ON CALLE ENTRADERO BETWEEN ORTEGA HIGHWAY AND CALL BELMONTE (590.50) As set forth in the Report dated August 3, 1999, from the Engineering and Building Director, the speed hump installation on Calle Entradero between Ortega Highway and Calle Belmonte was approved. ADOPTION OF RESOLUTION SETTING THE OPEN SPACE GENERAL OBLIGATION REFUNDING BOND PROPERTY TAX RATE FOR FISCAL YEAR 1999-2000 (390.80) As set forth in the Report dated August 3, 1999, from the Director of Administrative Services, the following Resolution setting the tax rate of $0.0628 per $100 of assessed valuation for inclusion on the 1999-2000 tax rolls was adopted: RESOLUTION NO. 99-8-3-1 SETTING AD VALOREM TAX RATE - FISCAL YEAR 1999-2000 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTIMATING THE AMOUNT OF MONEY TO BE RAISED BY AD VALOREM TAXATION IN THE CITY OF SAN JUAN CAPISTRANO DURING THE FISCAL YEAR 1999-2000 FOR DEBT SERVICE AND REQUESTING THE LEVY OF A TAX IN THE CITY OF SAN JUAN CAPISTRANO The City Clerk was directed to forward a certified copy of the resolution to the Orange County Auditor/Controller. City Council Minutes -4- 8/3/99 AYES: Council Members Jones, Swerdlin, Campbell and Mayor Greiner NOES: None ABSENT: Council Member Hart MOTION TO READ BY TITLE ONLY The Reading of all Ordinances by title only was approved. 2. APPROVAL OF CITY COUNCIL MINUTES The Minutes of the Adjourned Regular Meeting of June 29, 1999, were approved as submitted. The Minutes of the Regular Meeting of July 6, 1999, were approved with a correction on Page 6, first sentence under Council Comments, to read ". . consideration of additional funding for staff to supervise a proposed program ....," as requested by Council Member Campbell. 3. RECEIVE AND FILE STATUS REPORT OF NEW DEVELOPMENT APPLICATIONS (440.10) The Report dated August 3, 1999, from the Planning Director, advising that four new development applications had been received since the last Report on June 15, 1999, was ordered received and filed. 4. APPROVAL OF PLANS SPECIFICATIONS AND CALL FOR BIDS FOR THE CAMINO CAPISTRANO WIDENING, STONEHILL DRIVE TO 1000 FEET NORTH (WESELOH)(CIP NO 113) (600.30) As set forth in the Report dated August 3, 1999, from the Engineering and Building Director, the plans and specifications for the Camino Capistrano Widening, Stonehill Drive to 1000 feet north were approved and Staff was authorized to call for bids. APPROVAL OF REJECTION OF BIDS AND AUTHORIZATION TO REBID - DECOMMISSIONING OF MARBELLA SEWER PUMP STATION STONERIDGE SEWER PUMP STATIONSAND HILLSIDE TERRACE WATER BOOSTER STATION (CIP NO. 710) (600.30) As set forth in the Report dated August 3, 1999, from the Engineering and Building Director, the bids from Miller Brooks Environmental, Inc. and Urbantec Engineers, Inc., were rejected; Staff was authorized to rebid the project in the Spring following consideration of a mid -year budget amendment. City Council Minutes -3- 8/3/99 0 0 AGENDA ITEM August 3, 1999 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering & Building SUBJECT: Consideration of Approval of Final Map and Subdivision Improvement Agreement for Tract 15853, Calle Perfecto Business Park, Located at the Northern Terminus of Calle Perfecto. RECOMMENDATION By motion: Approve the Final Map for Tract No. 15853 as it conforms to the requirements set forth in the Subdivision Map Act and the approved Tentative Tract Map conditions. Authorize the City Engineer and the City Clerk to execute the Final Map. Authorize the Mayor and City Clerk to execute the Subdivision Improvement Agreement and accept the corresponding securities. 4. Direct the City Clerk to forward the Map and Subdivision Improvement Agreement to the County Recorder. SITUATION A. Summary and Recommendation The subject map has been submitted to subdivide a 7.96 acre site into seven numbered lots. Each lot will contain an industrial building. Staff has reviewed the Final Map and found it to be in conformance with the Subdivision Map Act, applicable Municipal Codes and conditions of the tentative map set forth in Resolution 99-6-1-5 (Attachment 1). All applicable bonds and fees have been submitted and paid respectively to the City and the developer has signed the Subdivision Improvement Agreement. Staff recommends approval of the Final Map. Background The subject property is presently an empty lot. The project will consist of seven industrial FOR CIN COUNCIL AGE N V D1� 0 11 AGENDA ITEM -2- August 3 1999 buildings totaling approximately 163,000 square feet. The developer has entered into a Subdivision Improvement Agreement with the City (Attachment 2), which requires the project to extend Calle Perfecto and appurtenance, from its existing northerly cul-de-sac to the subject's tract boundary. The Covenants, Conditions, Restrictions and Reservation of Easements has been reviewed and approved by the City Planning Director and City Engineer and it will be recorded along with the map. The final items listed below have been reviewed and found to be in compliance with the requirements of the Final Tract Map: 1. Applicable Subdivision fees 2. Subdivision Improvement Agreement executed in duplicate 3. Faithful Performance and Labor and Material bonds for: a. Street Improvements b. Sewer Improvements C. Water Improvements d. Survey Monumentation (performance bond) COMMISSIONBOARD REVIEW, RECOMMENDATIONS The Tentative map was previously reviewed by the Design Review Committee, the Planning Commission and City Council. FINANCIAL CONSIDERATIONS There is no cost to the City by this action. All fees required to process the map have been paid. NOTIFICATION Dennis Gage, Calle Perfecto Business Partners, LLC Fred Cornwell, Pardue, Cornwell & Associates ALTERNATE ACTIONS 1. Approve the Final Tract Map. 2. Do not approve the Final Tract Map. Request additional information from Staff. 0 0 AGENDA ITEM -3- August 3, 1999 RECOMMENDATION By motion: 1. Approve the Final Map for Tract No. 15853 as it conforms to the requirements set forth in the Subdivision Map Act and the approved Tentative Tract Map conditions. 2. Authorize the City Engineer and the City Clerk to execute the Final Map. Authorize the Mayor and City Clerk to execute the Subdivision Improvement Agreement and accept the corresponding securities. Direct the City Clerk to forward the Map and Subdivision Improvement Agreement to the County Recorder. Respectfully Submitted: William M. Huber Director of Engineering and Building Prepared By: am S oucair i�nior Engineer Attachments: 1.Resolution 99-6-1-5 for Tentative Tract Map 15853 Subdivision Improvement Agreement 3.Vicinity Map c:4doc\agendas\tr 15853. a ATTACHMENT 1 RESOLUTION NO. 99-6-1-S APPROVING VESTING TENTATIVE TRACT MAP 15853 (CALLE PERFECTO BUSINESS PARTNERS) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING A MITIGATED NEGATIVE DECLARATION AND APPROVING A SEVEN -LOT TENTATIVE TRACT MAP FOR A 7.95 -ACRE SITE LOCATED AT THE NORTHERN TERMINUS OF CALLE PERFECTO (CALLE PERFECTO BUSINESS PARTNERS) WHEREAS, the applicant, Calle Perfecto Business Partners, has submitted a request for approval of a seven -lot vesting tentative tract map located at the northern terminus of Calle Perfecto, on an approximately 7.95 -acre parcel; and, WHEREAS, this proposal has been reviewed in accordance with the California Environmental Quality Act, (CEQA, 1970). On March 23, 1999, the City's Environmental Administrator reviewed this proposal and determined that it qualifies for issuance of a mitigated negative declaration, and all mitigation measures are included as conditions of approval in this draft resolution; and, WHEREAS, on May 11, 1999, the Planning Commission held a duly noticed public hearing to consider testimony both in opposition to, and in favor of, a mitigated negative declaration, Architectural Control 99-01, Conditional Use Permit 99-02, Zone Variance 98-07 and Tentative Tract Map 15853, and approved Architectural Control 99-01, Conditional Use Permit 99-02, and Zone Variance 98-07, and recommended approval of the mitigated negative declaration and Vesting Tentative Tract Map 15853; and, WHEREAS, on June 1, 1999, the City Council held a duly noticed public hearing to consider testimony both in opposition to, and in favor of, a mitigated negative declaration, and Vesting Tentative Tract Map 15853. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby find that: I . The mitigation measures contained in the mitigated negative declaration, as issued by the City's Environmental Administrator, will reduce potentially significant environmental impacts to a level of insignificance. 2. The proposed map is consistent with the General Plan in that the map has been designed to accommodate an industrial complex which is consistent with the site's General Plan Land Use Designation 4.0 (Industrial Park) and the Commercial Manufacturing Zone District. 3. Camino Capistrano, (located south and east of the site, across the railroad tracks) is designated as a primary arterial on the General Plan's Master Plan of Arterial Highways; -I- however, it is only two lanes (one in each direction) at the portion nearest the project site. Future widening of Camino Capistrano may result in a northward shift of the adjacent rail tracks, impacting the site's south property line. By putting one additional lane in CalTrans right-of-way, east of Camino Capistrano, any impacts to this site can be minimized, and the proposed development will not adversely impact future improvements to Camino Capistrano, and is therefore consistent with the General Plan. 4. The site is physically suited to the development in that the proposed site is a 7.95 -acre site, with relatively level topography and a regular shape. Although the project site is located within the AO Zone; a special flood hazard area inundated by 100 year flood, as identified on Federal Emergency Agency Map (FEMA) Flood Insurance Rate Map (FIRM) Panel 75 of 81, the applicant is proposing grading plans which place the pad elevations a minimum of one foot above the base flood elevation. A mitigation measure included in this resolution requires that these plans be submitted to the Engineering Division for submittal to FEMA, for a FIRM Map Revision application which would remove the subject site from the AO Floodplain Area. 5. The proposed site is physically suitable for the proposed density of the development in that the site design accommodates the proposed industrial park complex and associated parking as required by the City's Land Use Code and accommodates extensive landscaped open area. 6. The proposed site has been previously graded and does not contain any fish or wildlife habitat. Furthermore the site is bordered by railroad right-of-way, and fully developed industrial complexes, and therefore does not have the potential to create negative impacts to fish or wildlife habitat. 7. The proposed improvements to the site, which consist of seven quasi - industrial buildings and associated parking and landscaping, do not have the potential to cause any serious public health problems. 8. The project does not contain any public access easements and therefore the proposed development will not conflict with any easements for public use or access. Access to the site is gained through an public easement existing easement over an adjacent property. Improvements within this easement have been designed to provide access to the project site without adversely impacting access to the adjacent site. 9. The project site does not contain any above surface historic resources, nor is it located in such a way that development of the site will interfere with the maintenance or preservation of nearby historic sites. Mitigation measures included in the attached draft resolution, requires an archeological monitor to be present during grading operations to ensure that any sub- surface archeological resources are preserved or collected for further study. BE IT FURTHER RESOLVED, that the City Council confirms a mitigated negative declaration, and approves a seven -lot tract map, subject to the following conditions: -2- • • Prior to Final Map Approval by City Council a. Compliance. The Tract/Parcel Map shall be developed in full compliance with the State of California Subdivision Map Act and the City of San Juan Capistrano Municipal Code, except as authorized by the City Council and/or Planning Commission. The attention of the Developer and his Engineer is directed to Section 9-2.3 and 9-4 of the Municipal Code (Engr.). b. Pay Fees. The applicant shall fulfill all applicable fee requirements in accordance with the City Municipal Code, Section 9-2.316 and post securities to insure satisfaction performance (Engr.). C. Easements. The applicant shall indicate and show on the final map all existing and proposed easements. Location of said easements shall be verified by all affected easement holders (Engr.). d. Storm Runoff, Hydraulic/hydrology Calculations. The applicant shall submit to the City Engineer for review and obtain approval for a Storm Runoff study prepared by a Registered Civil Engineer showing existing and proposed facilities, hydraulic and hydrologic calculations and the methods of draining on-site and tributary areas without exceeding the capacity of any affected street or facility. Said study shall be consistent with the City's Master Drainage Plan in accordance with all applicable City regulations, OCEMA design criteria, and standards (Engr.). e. Properties in Flood Hazard Areas per (FEMA). For any property wholly or partially located within the Special Flood Hazard Area A, as established by the Federal Insurance Rate Map (FIRM), building pad elevations may be required to be constructed above a specific elevation, which shall be confirmed with the Federal Emergency Management Agency (FEMA) during Grading Plan Design (Engr.). f. Soils/Geology. The applicant shall submit to the City Engineer and Building and Safety Manager for their review and obtain approval for a Soils Report/Geotechnical Feasibility Study prepared by a Registered Geologist and/or Soil Engineer to determine the seismic safety and soils stability of all proposed grading and development improvements within the project and preliminary pavement sections and substructure bedding/backfill recommendations (Engr.). g. Traffic. The applicant shall submit to the City Engineer, for review and obtain approval of final improvement plans for all traffic mitigation improvements including both on and off-site as identified in the Traffic Study prepared under City direction in accordance with Council Policy 311 (Engr.). h. Off-site Improvement Participation. The applicant shall enter into a reimbursement agreement with the City to construct, and/or contribute the project's fair share financial participation for the following improvements: -3- 198 Intersection Improvement Valle Road and San Juan Creek Road Add second WB through lane Camino Capistrano and t-5 SB Add second SB through lane Camino Capistrano and Avd. Add EB shared left/right [um lane Aeropuerto Camino Capistrano and Stonehill Convert SB right -tum lane to free right tum lane And/or other improvements identified by the project's approved traffic study performed by the City's consultant Engineer under the guidelines outlined in Administrative Policy # 310. The Developer's responsibility shall be in accordance with the City's Council Policy # 111 - "Fair Share" Methodology & Developer Reimbursements (Engr.). i. Grading. The applicant shall submit to the City Engineer and Building and Safety Manager for their review and obtain approval for Grading Plans prepared by a Registered Civil Engineer consistent with conceptual grading plans approved by the Planning Commission/City Council with this Resolution. These plans shall show the limits of grading, drainage, sewer, water and parkway/street improvements. The extent of the topography shall be extended enough to determine the drainage impacts to adjacent properties. The elevations shall correspond with the Orange County benchmark datum. All drainage must be conveyed to the street or a City approved drainage facility (Engr.). j. Permission to Grade from Neighbor. The applicant shall submit to the City Engineer and to the Building and Safety Manager, for any necessitated off-site grading, a notarized written permission from adjacent property owners affected by said off-site grading (Engr.). k. Drainage. The applicant shall submit to the City Engineer for review and obtain approval for Drainage Plans specific to the project which reflect consistency with the City's Drainage Master Plan. These plans shall show locations of all existing and proposed facilities (Engr.). I. Connection to City Drain Must be Recorded and Filed. Any proposed connections to City storm drains from private on-site drains must be approved by the City Engineer. (Engr.). in. Sewer and Water. The applicant shall submit to the City Engineer, for review and obtain approval for, Sewer and Water Plans prepared by a Registered Civil Engineer. These plans shall be specific to the project which reflect consistency with the City's Sewer and Water Master Plans, City's standards, specifications and codes and the Capistrano Valley Water District (Engr.). -4- 0 0 199 n. Sewer Manholes to be Lined. The Sewer Plans shall indicate that all proposed sewer manholes shall be lined with poly -urethane, or equal approved material, at the developer's cost (Engr.). o. Street Improvement. The applicant shall submit to the City Engineer, for review and obtain approval for, Street Improvement Plans, prepared by a Registered Civil Engineer. These plans shall show all existing and proposed improvements including the northerly extension of Calle Perfecto from the existing cul-de-sac to the northern boundary, storm drain, sewer and water (Engr.). P. Tentative Map Compliance and Closure Calculations. The applicant shall submit to the City Engineer for review and obtain approval for a Final Map in substantial compliance with the approved Tentative Map. Said Map shall be accompanied with traverse closure calculations and an updated Title Search Report. Said map shall also be submitted to the County of Orange for review and approval (Engr.). q. HOA Maintained Improvements. The applicant shall indicate on the Final Map that all streets, drainage, street lights, street signage and striping improvements within the interior of this subdivision designated as private shall be maintained by the Master Association and/or Sub -Association or other provisions for maintenance which may be subsequently approved by the City (Engr.). r. CC&R's. The applicant shall submit for review to the City's Engineering and Building and Planning Departments, and shall obtain the approval of the City Attorney for Covenants, Conditions and Restrictions (CC&R's) which shall indicate all areas and facilities to be owned and maintained by the Master Association and/or Sub - Association (Engr.). S. Restriction of Retail/Commercial Uses. The CC&Rs shall include a provisions which prohibit the establishment of Retail/Commercial uses within the project site (Planning). t. Post Bond/Provide Securities. The applicant shall provide performance bonds/securities for 100% of each estimated improvement cost as prepared by a Registered Civil Engineer and approved by the City Engineer and City Attorney for each, but not limited to, street improvements, signing and striping; street lights; storm drains, sewer, landscaping and irrigation in rights-of-way, private slopes and open space. In addition, the applicant shall provide labor and materials bonds/securities for 100% of the above estimated improvement costs as determined by the City Engineer (Engr.). U. Submission of Digital Map per County Requirement. Prior to recordation of the Final Map, the applicant shall submit for review and obtain approval of the Orange County surveyor for, a digital Tract/Parcel Map pursuant to Orange County Ordinance 3809 of January 28, 1991. The applicant shall pay for all cost of said digital submittal including supplying digital copies to the City of the final County Surveyor -5- 200 approved digital map in a .DXF format. In addition, the applicant shall provide digital copies of all improvement plans and as-builts in the digital format. V. Developer Deposit Account. Prior to approval of final map, the developer shall pay any outstanding balance in the Developer Deposit Account assigned this application (Planning). W. Environmental Review Fee Payment. The developer shall pay the California State Fish and Game environmental review fee as set by the State (Planning). 2. Prior to Issuance of Grading and Right-of-way Improvement Permits a. Building Pad Elevations in Flood Areas. The applicant shall provide to the Engineering and Building Director a letter of verification from the Flood Insurance Administration (FIA) confirming that the proposed building pad elevations are designed above the minimum specific elevation required by FIA (Engr.). b. NPDES and Clean Water Act of 1990 Compliance. The applicant shall submit to the City Engineer for review and obtain approval for a Water Quality Management Plan (WQMP) specifically identifying structural and non-structural Best Management Practices (BMP's) that will be used on-site to control predictable pollutant runoff (Engr.). C. FEMA Requirements to Revise Flood Insurance Rate Map (FIRM). For any property who' ly or partially located within the 100 -year Flood Hazard Area on the Flood Insurance Rate Map (FIRM), the applicant shall submit to the City Engineer for review and obtain approval for all documentation required by the Federal Emergency Management Agency (FEMA) or revision to the FIRM and pay all preliminary and subsequent fees as required by FEMA (Engr.). d. Construction Mitigation Program. The developer shall prepare and adhere to a construction mitigation program approved by the Planning Director and Engineering and Building Director containing the following controls: Grading: Haul route for the movement of on and off-site of heavy earth- moving equipment. ii. Location of assembly and storage/service areas of heavy earth- moving equipment and limits of hours of operation. iii. Worker controlled access to site, including hours of work, limits on noise sources, and dust and soil import/export. W iv. Compliance with environmental mitigation measures. Enforcement: i. The Planning Director and Engineering and Building Director may modify the construction mitigation program standards if on-site observations indicate that construction activities are creating a nuisance to adjacent property developments. ii. If it is deemed necessary by the Engineering and Building Director, the developer shall hire a project enforcement person approved by the Engineering and Building Director to ensure compliance with the Construction Mitigation Program. iii. If it is determined that the developer is in violation of the approved construction mitigation program, the Planning Director and/or the Engineering and Building Director are authorized to shut down the project by reason of said violation. e. Archeological/Paleontological Monitoring Contract. The developer shall provide the Building and Safety Division with an executed consultant services contract with a SOPA-certified archeologist (Society of Professional Archeologists) responsible for supervising on-site archeological and/or paleontological monitoring consistent with applicable City Council Policy (Planning) f. Endangered Species Habitat Preservation. The developer shall provide the Planning Director with U.S. Fish and Wildlife Service approval for any activity that involves removal of native vegetation, including clearing, grubbing, mowing, discing, trenching, fuel modification or other construction related activities covered by the Natural Communities Conservation Program (Planning). g. Consistency of Final Grading, Building and Landscape Plans. Prior to issuance of permits, the Planning Director shall ensure that all final plans are consistent with conceptual plans and conditions of approval per this Resolution (Planning). h. Environmental Mitigation Plan. The developer shall comply with all provisions of the approved Environmental Mitigation Plan (Planning). 3. Prior to Issuance of Certificate of Occuoancv a. Filing with County Surveyor the Comer Records. The applicant's surveyor shall file the appropriate comer records with the County Surveyor and show written affirmation indicating compliance with the County Recorder, as required by Section 8771 of the Business and Professions Code (Engr.). -7- 202 b. Complete all Improvements to the City's Satisfaction. The applicant shall complete, to the satisfaction of the City Engineer, all facility improvements necessary to serve the development in accordance with the approved plan and approved exceptions (Engr.). 4. Prior to Acceptance of Improvements and Release of Performance Securities a. Provide As -Built Mylars. The applicant shall submit to the City Engineer for review and obtain approval for the reproducible "As Built" Plans of all improvement works completed and accepted. Said plan shall be prepared by a Registered Civil Engineer (Engr.). b. Monumentation Restored and Comer Records Filed with County. The applicant's surveyor shall set all required monumentation and/or re-establish any damaged or destroyed monumentation during construction. Monumentation and corner records shall be submitted to the City Engineer and filed with the County Surveyor in compliance with AB 1414 and Section 8771 of the Business and Professional Code (Engr.). Mitigation Measures: Mitigation Measure #I - The proposed storm water drainage system design shall comply with the City's adopted "storm water management regulations and policies" and subject to review and approval by the City Engineer or his designee. Mitieation Measure #2 - Prior to issuance of a grading permit the applicant shall prepare grading plans which place the pad elevations a minimum of one foot above the base flood elevation. The applicant shall also submit, to the Engineering Division for submittal to FEMA, a FIRM Map Revision application removing the subject site from the AO Floodplain Area. Mitigation Measure 43 - Prior to the issuance of a building permits, including tenant improvement plans, the applicant shall, where applicable, demonstrate compliance with the provisions of the National Pollution Discharge Elimination System (NPDES) requirements subject to the satisfaction of the City Engineer. Mitigation Measure #4 - In accordance with City Council Policy l 11, the applicant shall contribute the following amounts to the following improvements: Intersection Improvement Participation Valle Road and San Juan Creek Road Add second WB through lane 2.4% Camino Capistrano and 1-5 SB Add second SB through lane 4.9% Camino Capistrano and Ave Aeropuerto Add EB shared left/right turn lane 9.6% Camino Capistrano and Stonehill Convert SB right -tum lane to free right 4.3 tum lane I! ATTACHMENT 2 0 0 Recording Requested by and When Recorded Mail To: City of San Juan Capistrano Attention: City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Cheryl Johnson, City Clerk City of San Juan Capistrano SUBDIVISION IMPROVEMENT AGREEMENT SUBJECT: TENTATIVE TRACT MAP 15853 THIS AGREEMENT is between the City of San Juan Capistrano, a municipal corporation, State of California, hereinafter referred to as "City" and Calle Perfecto Business Park, LLC., whose mailing address is 19700 Fairchild Road, Suite 120, Irvine, CA 92612 hereinafter referred to as "Subdivider": THIS AGREEMENT shall be administered by the City in accordance with Resolution No. CVWD 97-10-1, for all involvement associated with the Capistrano Valley Water District, hereinafter referred to as "District', WHEREAS, the tentative map application was conditionally approved by Resolution No. 99-6-1-5; and WHEREAS, Subdivider is the owner of that certain parcel of land situated in the City of San Juan Capistrano, Orange County, generally known and described as Tentative Tract Map 15853 (Calle Perfecto Business Park) and Subdivider proposes to do and perform certain work of improvement thereon as hereinafter set forth; and WHEREAS, City and District desire to assure that said proposed improvements will be done in a good workmanlike manner and in accordance with the laws now in force and effect in the City of San Juan Capistrano, California, the terms and conditions of which are incorporated herein by reference; and WHEREAS, Subdivider declares that he is familiar with the pertinent regulations contained in the City Code and in the Subdivision Map Act (Government Code Sections 66410 to 66500) and agrees to comply therewith; and WHEREAS, a Final Map of said subdivision, prepared in accordance with the City's Subdivision Ordinance, has been filed by Subdivider with City for approval by the City Council; -1- NOW THEREFORE, in consideration of the approval and acceptance by the City Council of City and the Capistrano Valley Water District of said Final Map and the acceptance of easements therein offered for dedication for public purposes and the covenants herein contained, the parties hereto mutually covenant and agree as follows: General Requirements: Subdivider shall, at his own cost and expense, provide all required tests, design work, equipment, materials and labor in order to complete all of the works of improvement (the "Works of Improvement"), set forth in Exhibit "A", to the satisfaction of the City Engineer. Such work of improvement shall include but not be limited to the extension of Calle perfecto, from its northern terminus to the subject Tract's southerly boundary, which shall be extended/ constructed in accordance with the City's design standards and specifications to the satisfaction of the City Engineer. Said construction shall include curb and gutter, street signage, extension of the sewer main pipeline and the water improvement with all related appurtenances. Off-site Improvement participation. The applicant shall construct and/or contribute for the project's fair share financial participation for the improvement of the following intersections identified by the latest approved traffic study for the subject tract, performed by Austin -Foust Associates in June 1999 under the guidelines outlined in Administrative Policy # 310: 1. Valle Road & San Juan Creek Road 2. Camino Capistrano & I-5 south bound 3. Camino Capistrano & Avenida Aeropuerto 4. Camino Capistrano & Stonehill Drive The Developer's responsibility shall be in accordance with the City's Council Policy # 111- "Fair Share" Methodology & Developer Reimbursements. 2. Security: A. Subdivider shall, at all times beginning with the execution of this agreement, guarantee Subdivider's performance of this agreement by providing City and District with the following security instruments (the "Security Instruments"), as required by the State Subdivision Map Act, on forms approved by City for the purposes and in the amounts as follows: (I) A Faithful Performance Bond to ensure faithful performance of this agreement in regard to said improvements in the amount of 100% of the estimated cost of construction of the improvements; and (ii) A Labor and Materials Bond to secure payment to any contractor, subcontractor, persons renting equipment or furnishing labor or -2- 0 0 materials for the improvements required to be constructed or installed pursuant to this agreement in the additional amount of 100% of the estimated cost of construction of the improvements; and (iii) A Subdivision Monument Bond in the amount of 100% of the estimated cost of setting subdivision monuments as shown in Exhibit ,A" B. In order to guarantee and warranty the Works of Improvement and in addition to the security instruments referenced in Paragraph 2(A) above, Subdivider shall provide to City and District the following Security Instruments: Prior to the City's final acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall provide to City a Warranty Bond for Works of Improvement warranting the accepted Works of Improvement for a period of one (1) year following said acceptance against any defective work or labor done or defective material furnished. The amount of such Warranty Bond for Works of Improvement shall be equal to twenty-five percent (25%) of the estimated construction cost set forth in Exhibit "A", or a suitable amount determined by the City Engineer. All Security Instruments required by this agreement shall be kept on file with the City Clerk. The terms of the Security Instruments required by this agreement are hereby incorporated in this agreement by reference. City shall release the Faithful Performance Bond upon Subdivider's written request following acceptance by City of the Works of Improvement and Subdivider's delivery to City of the Warranty Bond for Works of Improvement. City shall release the Labor and Materials Bond upon Subdivider's written request and following acceptance by City of the Works of Improvement and after expiration of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Par[ 4 of Division Third of the California Civil Code. If lien claims have been timely filed, City shall hold the Labor and Materials Bond until (a) such claims have been resolved, (b) Subdivider has provided a statutory bond, or (c) otherwise as required by applicable law. City shall release the Warranty Bond for Works of Improvement upon Subdivider's written request following the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work. -3- 0 0 2.1 Form of Security Instruments. All Security Instruments shall meet the following minimum requirements and otherwise shall be in a form acceptable to the City Attorney: (I) Any insurance company acting as surety shall have a minimum rating of A -IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858; any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's; (ii) Payments under the Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the County of Orange, State of California; (iii) Each of the Security Instruments shall have a minimum term of one (1) year after the deadline for Subdivider's completing the Works of Improvement, in accordance with paragraph 3 herein; (iv) The Security Instruments shall reference Subdivider's obligations under this Agreement, shall be irrevocable, and shall include as an additional obligation secured the responsibility to compensate City for all of the City's attorneys' fees and litigation expenses reasonably incurred enforcing its rights under the Security Instruments. Time of Completion: All of the Works of Improvement shall be completed prior to City issuance of the first Certificate of Occupancy/Use within the subject tract. The time for completion may be extended by the City Engineer, in writing, for good cause shown by the Subdivider. Subdivider shall compensate the City for all costs reasonably incurred in having its authorized representatives perform the usual and customary engineering services during said extension as specified in Paragraph 19 below. In the event that Subdivider fails to complete the Works of Improvement within said period or any approved extension, the City may complete said work and shall be entitled to recover the full cost and expenses thereof from Subdivider, or his surety as herein provided. The City may require Subdivider, or his surety, to pay the City in advance, sufficient monies to cover the City's cost in completing construction of said Works of Improvement. 3.1 Force Majeure: Notwithstanding the provisions of paragraph 3 herein, Subdivider's time for completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikes, M2 lockouts, acts or failures to act of a public agency (including City), required changes to the Scope of Work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than thirty (30) days prior to City's receipt of a written notice from Subdivider or its contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. 3.2 Continuous Work: After commencement of construction of the Works of Improvement (or separable portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period of more than thirty (30) days, events of force majeure excepted. 3.3 Reversion to Acreage: In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.11-66499.20-3/4. In this regard, Subdivider agrees that if none of the Works of Improvement referenced herein have been made within the specified "Time of Completion" referenced in paragraph 3 above or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, any improvements made by or on behalf of Subdivider after the date City initiates such action shall not be considered in determining City's authority to revert the Property to acreage. 4. Effective Date of Agreement: This Agreement shall not become effective unless and until the subdivision map has been approved by the City Council and also accepted for recordation by the County Recorder of the County of Orange. 5. Utility Deposits - Statement: Prior to the commencement of any work to be performed in accordance with City approved plans, the Subdivider must file a written statement with the City Clerk and City Engineer, signed by the Subdivider, and each public utility corporation involved, to the effect that Subdivider has made all deposits legally required by such public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the subdivision. 6. Permits - Compliance with Law: Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction of required improvements, give all necessary notices and pay all fees and taxes required by law. -5- 0 7. Definition and Ownership of Improvements: The term "improvements" means: grading, paving, curbs and gutters, pathways, storm drains, sanitary sewers, domestic and non-domestic water, utilities, such as electric, telephone and cable TV, conduits, gas lines, drainage facilities, traffic controls, landscaping and irrigation, street lights, and all other required facilities as shown in detail upon plans, profiles and specifications which have been prepared or are now in final preparation by engineers acting for Subdivider subject to approval by the City Engineer. No work on said improvements shall be commenced until plans therefore have been submitted to, approved and permitted by the City Engineer. All required public improvements constructed or installed pursuant to this Agreement shall become the sole exclusive property of the City and District, without payment therefore, upon acceptance of said improvements by the City Council. 8. Obligations of Subdivider: Notwithstanding the fact that Subdivider's plans and specifications, completion of the work, and other acts are subject to approval of the City, it is understood and agreed that any approval by the City thereof shall in no way relieve Subdivider of satisfactorily performing said work or the related obligations hereunder. The construction shall be done strictly in accordance with the plans and specifications including supplementals and revisions prepared by Subdivider or its registered engineer, and as approved by the City as being consistent with the City Code and Standards. Subdivider warrants that its plans and specifications conform as a minimum to said codes and standards and that they are adequate to accomplish the work in a good workmanlike manner and in accordance with responsible construction practices. In addition to the foregoing, Subdivider shall satisfy all the conditions of approval set forth on the City approved tentative map for the entire Property. Subdivider shall also perform all work and furnish all materials necessary, in the opinion of the City Engineer and on his order, to complete the Works of Improvement in accordance with the plans and specifications on file as hereinbefore specified, or with any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete this work. 9. Intent of Plans and Specifications The intent of the plans and specifications referenced above is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer (or designee) and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the plans and specifications may -6- not specifically call out all items of work required for the contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made of information necessary to carry out the full intent and meaning of the plans and specifications, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the plans, specifications, or related documents, reference shall be made to the City Engineer whose decision thereon shall be final. 10. Superintendence by Subdivider: Subdivider shall give personal superintendence to the Works of Improvement, or have a competent foreman or superintendent, satisfactory to the City Engineer, on the work at all times during progress, with authority to act for Subdivider. In the event satisfactory superintendence is not being exercised by the Subdivider, the City Engineer may order suspension of all work within the subdivision until the deficiency is adequately corrected. 11. Repair and Replacements: Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, or pay to the owner the entire cost of replacement or repairs, for all survey monuments or for any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or by any public or private corporation, or by any person whomsoever or by combination of such owners. Any such repair or replacement shall be completed in a reasonable manner and subject to the approval of the City Engineer and affected property 12. Inspection by City: Subdivider shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work and to the shops where the work is in preparation. The cost of inspections shall be paid by the Subdivider. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Subdivider or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted. No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final -7- acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered. The date on which the Works of Improvement will be considered as complete shall be that date on which the City Council accepts the improvements and authorizes the City Clerk to file a Notice of Completion with respect thereto. 13. Authority of the City Engineer: All required improvements shall be constructed under the inspection of and subject to approval of the City Engineer. Therefore, it is mutually agreed by the parties hereto that the City Engineer shall have the right to reject any or all of the work to be performed under this contract if such work does not conform with City Codes and Standards and the plans and specifications mentioned herein, including subsequent revisions that may have been previously overlooked during the plan review process. Any damage to the improvements (existing or new) that occurs during or after installation of work performed under this Agreement shall be repaired or replaced, by the Subdivider, to the satisfaction of the City Engineer before the final acceptance of completed work and release of security. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to make a final decision in regard to all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terns of this Agreement by Subdivider and Subdivider's contractor. 14. Changes in the Work: The City Engineer, without invalidating this Agreement and without notification to any of the sureties referenced in paragraph 2, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer to accomplish the purposes of this Agreement and to protect the public health, safety, and welfare. It is mutually understood that it is inherent in the nature of the work contemplated by this Agreement that some changes in the plans and specifications and related documents may be necessary during the course of construction to adjust them to field conditions and to assure the protection of the public health, safety, and welfare. The City Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the Works of Improvement. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. 12 15. No Warrantv by City and/or District: The plans and specifications and related documents for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the plans or specifications or related documents. 16. Liability for Performance. Iniury or Damaee Neither the City, District nor any of their officers or agents shall be liable to Subdivider or its contractors for any error or omission arising out of or in connection with any work to be performed under this contract. Additionally, the City and/or District shall not be liable to the Subdivider or to any other person, firm, or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever in, on, or about the subdivision of said land covered by this Agreement, or any part thereof. 17. Indemnification and Release: Prior to the commencement of any work pursuant to this contract, Subdivider's contractors shall furnish to City and/or District satisfactory evidence of an insurance policy written upon a form and by a company (which meets with the approval of City and/or District) insuring City and/or District, its officers, agents, and employees against loss or liability which may arise during the work or which may result from any of the work herein required to be done, including all costs of defending any claim arising as result thereof. Minimum liability and property damage insurance shall be not less than $500,000 for all damages arising out of bodily injury to or death of one person and not less than $1,000,000 for all damages arising out of bodily injuries to or death of more than one person in any one occurrence; and not less than $500,000 for all damages and/or destruction of property in any one occurrence and not less than $750,000 for all damages and/or destruction of property during the policy period. Said policy shall be in favor of Subdivider or its contractors and of the City and/or District, its officers, agents, and employees and shall be maintained in full force and effect during the life of this Agreement, including extensions. Said policy shall state by its terms and by an endorsement that it shall not be canceled until City and/or District shall have had at least ninety (90) days' notice in writing of such cancellation. The Subdivider hereby releases and agrees to defend, indemnify and hold the City and/or District harmless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage and liability, howsoever the same may be caused and whensoever the same may appear, resulting directly or indirectly from the performance or nonperformance of any or all work to be done in and upon the subject property and the premises adjacent thereto pursuant to this Agreement, and also from any and all injuries to and deaths of persons and injuries to property or other interests and all claims, demands, costs, loss, -9- E 0 • damage, and liability, howsoever the same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the Subdivider, the Subdivider's agents, employees, and subcontractors, while engaged in the performance of said work. 18. Liability of Subdivider: The Subdivider agrees that the use for any purpose and by any person of any and all of the streets, easements and improvements herein specified shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the City and/or District of the completed street and other improvements thereon and therein; provided that acceptance by the City and/or District shall in no way eliminate or lessen any of the Subdivider's obligations or undertakings contained in this Agreement. The issuance of any occupancy or use permits (if granted) by the City for buildings located within said subdivision shall not be construed in any manner to constitute an acceptance and approval of any or all of the required improvements in said subdivision. 19. Subdivider's Expenses: The Subdivider shall pay these additional expenses: a. The Subdivider shall cause to be made and/or pay for soil tests made by a reputable geotechnical consultant/firm to determine stability, gradation, bearing, and resistance value of soils, associated with the development of the subject subdivision, from which to determine the nature and design of appropriate improvements. The Subdivider shall also pay for all compaction and related tests necessary to determine that all fill work and the utility trench backfill has been satisfactorily placed. b. All service (including plan check and inspection), impact and connection fees as established by City and District shall be paid for each lot in the subdivision in accordance with the City and District Standard Specifications and Drawings. C. All actual costs for design, plan check, development process and inspection incurred by the City and District in evaluating any proposed or agreed upon change in work. In no event shall Subdivider be entitled to additional inspections or final inspection and acceptance of any of the Works of Improvement until all City and District fees and charges have been fully paid, including, without limitation, charges for applicable penalties and additional required inspections. d. Subdivider shall compensate the City for all actual costs reasonably incurred in having its authorized representatives make the usual and customary -10- engineering services beyond the specified "Time of Completion" referenced in paragraph 3 above. Said actual costs include: inspection of Works of Improvement, engineer design review, plan check and project development process. Subdivider agrees to pay the cost of said City services within forty- five (45) days of invoice date, or as determined by the City Engineer. 20. Relationship of Contractors: It is hereby mutually covenanted and agreed by the parties hereto that Subdivider's contractors are not agents of the City and/or District , and that the contractors' relations to City, if any, are those of independent contractors. 21. Certification of Satisfactory Completion: Upon the satisfactory completion of the Works of Improvement by the Subdivider, the City Engineer shall certify that the Works of Improvement have been satisfactorily completed. 22. Repair or Reconstruction of Defective Work: If, within a period of one year after City Council acceptance of the improvement work performed under this Agreement, any of the improvements or work done under this Agreement fails to fulfill any of the requirements of this Agreement, or the specifications referred to herein, Subdivider shall without delay and without any cost to the City (upon receipt of written notice from the City), repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, or should the exigencies of the case require repairs or replacements to be made before Subdivider can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to City and/or District the actual cost of such repairs plus an amount equivalent to the current general City and/or District overhead costs. 23. Warranty: Without limiting the foregoing, Subdivider warrants and guarantees: materials used and workmanship performed on said work for a period of one (1) year after completion and acceptance thereof by the. All security instruments shall be submitted to the City in accordance with Section 2 above. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law. 11- 24. Defaul: 24.1 Remedies Not Exclusive: In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may be entitled. 24.2 City and District Rights to Perform Work: In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event Subdivider shall fail to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of thirty (30) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to diligently pursue the cure of any such default to completion, City and/or District shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from Subdivider and the surety company, or both, the full cost and expense thereby incurred by City and/or District. 24.3 Attorney Fees and Costs: In the event of any litigation arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and costs shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. 25. Notice of Completion: Upon approval of the Works of Improvement by the City Engineer and acceptance by the City Council, the subdivider shall file with the Orange County Recorder a Notice of Completion of the improvements herein specified. 26. Filing of Improvement Plans: Upon completion of the job and prior to final acceptance of the Works of Improvement by the City, the Subdivider shall submit to the City Engineer for review and approval, one mylar (4 mils) set of "record" drawings. These drawings shall be certified and shall reflect the job as actually constructed, with all changes incorporated therein. -12- , , , . 0 0 27. Assignment: This agreement shall not be assignable by Subdivider without written consent of City. IN WITNESS WHEREOF, two (2) identical counterparts of this agreement, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Subdivider herein named on the 19th day of July , 19 99 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. SUBDIVIDER By: Ferrari Investments, a i ornia corporation By:Dennis Gage, --t.�. (Attach Notary Acknowledgment) Attachments: (1) Exhibit "A" (2) Securities -13- CITY OF SAN JUAN CAPISTRANO By: MAYOR Attest: CITY CLERK APPROVED AS TO FORM: By: CITY ATTORNEY SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "A" WORKS OF IMPROVEMENT Type of Improvements: Estimated Construction Cost Or Bond Amount Grading, Erosion and Silt Control, On -Site Landscaping and Irrigation Traffic related off-site Improvement (Fair share participation) Sanitary Sewer Water Streets Improvement Processed through BLDG. Division Fees are collected separately $ 89,000 $100,600 $ 62,000 Street Monuments $ 2,000 VICINITY MAP N. T. 5. L 32400 PASEO ADELANTO SAN .JUAN CAPISTRANO, CA 92675 (949)493-1171 (949) 493-1053 (FAX) October 13, 1999, 1999 Clerk -Recorder's Office County of Orange P. O. Box 238 Santa Ana, California 92701 Re: Subdivision Improvement Agreement - Tract 15853 Gentlemen: The following document is enclosed for recordation: Subdivision Improvement Agreement for Tract 15853 (Calle Perfecto Business Partners) MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL JOHN GREINER WYATT HART GILJONES DAVID M. SWERDLIN CITY MANAGER GEORGESCARBOROUGH A check in the amount of $52 has been enclosed to cover recording and conformed copy fees. When placed of record, please return said document to this office. A duplicate copy of this letter is enclosed. Please stamp Document Number and date of recording on the letter and return it to this office in the enclosed, stamped, self-addressed envelope at your earliest convenience. Thank you for your cooperation. Very truly yours, Cheryl Johnson City Clerk Document Number Enclosure Date Ce 6,( A'4I(vrt San Juan Capistrano: Preserving the Past to Enhance the Future ,4 onuo use ( z� SENDER: /" I also wish to receive the ❑ Registered • complete items 1 and/or 2 for additional serviu:'.. following services (for an ❑ Insured M • Complete items 3, 4a, and 4b. m • Print your name and address on the reverse of this form so that we can return this extra fee): card toyou. GO • Attach this form to the front of the mailpiece, or on the back if space does not 1. ❑ Addressee's Address Y $' 'pelmil. • Write 'Return Receipt Requested" on the mailpiece below the article number. O 0 2. ❑ Restricted Delivery Y IN The Return Receipt will show to whom the article was delivered and the date y Consult postmaster for fee. L delivered. 0 3. Article Addressed to: 4a. Article Number m d 2 -71 E �pX �3f1 92 7ci 5. Recti e) �� MI 6. Signature; (Addressee kf"or) o' X a g PS Form 3811, December 1994 4b. Service Type� /" $ ❑ Registered Cil Certified ❑ Express Mail ❑ Insured ❑ Return Receipt for Merchandise ❑ COD 7. Date of DetIvery p o O 0 8, Addressee's Address (Only it requested Y and tee is paid) C 102595-98-B-0229 Domestic Return Y Z 356 611 715 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See re g Nu or Q' P t & .2 Postage $ ' Certified Fee Special Delivery Fee 7 V. Restricted Delivery Fee m Return Ra ec Who Whom & Da �/ ✓r p Rehm RK 4 Date, R Ad s A C TOTAL e 8 $! Postmark � I1So� a a t h SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "A" WORKS OF IMPROVEMENT Tyoe of Improvements: Estimated Construction Cost Or Bond Amount Grading, Erosion and Silt Control, On -Site Landscaping and Irrigation Traffic related off-site Improvement (Fair share participation) Sanitary Sewer Water Streets Improvement Street Monuments Processed through BLDG. Division Fees are collected separately $ 89,000 $100,600 $ 62,000 $ 2,000 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) October 13, 1999, 1999 Clerk -Recorder's Office County of Orange P. O. Box 238 Santa Ana, California 92701 OONFORMED COPY Not Compared wj!Jh Original MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL JOHN GREINER MATT HART GILJONES DAVID M. SWERDLIN CITU MANAGER GEORGESCARBOROUGH Recorded in the County of Orange, California Gary L�,,,,Granville, Clerk/Recorder 19990734979 ONO 10/19/99 008 689077 2523 IB29 Al2 15 6.00 42.00 0.00 0.00 0.00 0.00 Re: Subdivision Improvement Agreement -Tract 15853 Gentlemen: The following document is enclosed for recordation: Subdivision Improvement Agreement for Tract 15853 (Calle Perfecto Business Partners) A check in the amount of $52 has been enclosed to cover recording and conformed copy fees. When placed of record, please return said document to this office. A duplicate copy of this letter is enclosed. Please stamp Document Number and date of recording on the letter and return it to this office in the enclosed, stamped, self-addressed envelope at your earliest convenience. Thank you for your cooperation. Very truly yours, Cheryl Johnson City Clerk Docu Enclosure Date J1n �c Mzu [.>-f e,z /tc to ,4- /Uee z u San Juan Capistrano: Preserving the Past to Enhance the Future Yti 2 E m o 0 p q N 17 0 to U U U U U U oU 0 x .k x as .sa ,x u . •.ma, 333333333 ` 0 0 0 0 0 0 0 0 0 Com-. CC Oo � 00 C 0 0 0000 N NOO OO O 00 00N �o "D O O o0 Qo O O R a V Y Y co H r�r oa a4da. a.FX4 �l 44 44 OO O� a o0 00 .. cs [l i0 �o �o �o [- 0 ny z[- M M M M M M M Lr 'M M M M M M M m M A 00 00 00 00 00 00 00 00 y 00000000 .� z 0 0 0 0 0 0 0 0 b 0 AAA00000000rA AAAAcn 00 rA En CIO m G4 °" Wo— A O co u M O u P. 0 vA E STATE OF CALIFORNIA • CONSERVATION & LIQUIDATION OFFICE P. O. Box 26894 SAN FRANCISCO, CA 94126-0894 (415) 676-5067 (415) 676-5007 (FAX) www. insurance.ca.00v December 21, 2001 7 6 `AUTO"MIXED AADC 940 City Of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675-3603 Re- Frontier Pacific Insurance Company Bond Cancellation Information for Obligees Bond Principal name: Calle Perfecto Business Park Llc Bond number: SD00083506 N9 M Ca m rn v The California Insurance Commissioner as the Conservator of Frontier Pacific Insurance Company (hereafter referred to as the "Company") recently applied to the San Diego County Superior Court for an Order of Liquidation for the Company. The Commissioner's application was granted on November 30, 2001. The Commissioner is now responsible for conducting an orderly liquidation and winding—up the insurance business of the Company pursuant to the Liquidation Order and the California Insurance Code. PLEASE TAKE NOTICE THAT, pursuant to the Liquidation Order of the Court, all insurance policies and surety bonds (excluding bail bonds) issued by the Company have been cancelled effective thirty (30) days following the issuance of the Liquidation Order, unless the bond expired before, pursuant to its terms. All liability on the part of the Company under the above bond will terminate at 12:01 a.m. on December 30, 2001, unless the bond has previously expired or been terminated under the specific terms of the bond. We have reason to believe you were an obligee on certain bonds issued through the Company. You may now want to contact the bond principal and ascertain the name of its new surety. Thank you for your attention and assistance in this matter. Sincerely, Harry LeVine Special Deputy Insurance Commissioner Conservation & Liquidation Office Consumer Hotline (800) 927 -HELP • Producer Licensing (800) 967-9331 0 MEMO TO: John Shaw, City Attorney FROM: Meg Monahan, City Clerk 0 RE: Frontier Pacific Insurance Company — Bond Liquidation: December 30, 2001 DATE: December 26, 2001 We received several notices today from the State Insurance Commissioner regarding liquidation of this company. We currently hold (39) surety bonds for various types of construction and development through this company. A list is attached for your reference. The notices received indicate that all bonds would be cancelled on December 30, 2001. I have attached a list of projects, bonds and project managers' names that hold bonds by this company. Also attached is copy of a memo sent to the project managers instructing them to contact the developers and secure current bonds for these projects. Please advise if there is other action that needs to be taken. cc: San Shoucair, Senior Engineer Craig Harris, Assistant Engineer Dan McFarland, Building Official William Huber, Engineering and Building Director Amy Amirani, Public Works Director Dawn Schanderl, Deputy City Clerk MEMO TO: Sam Shoucair, Senior Engineer and Craig Harris, Assistant Engineer FROM: Meg Monahan, City Clerk RE: Frontier Pacific Insurance Company — Bond Liquidation: December 30, 2001 DATE: December 26, 2001 I received notice today, that the State Department of Insurance, Conservation & Liquidation Office, has informed us that Frontier Pacific Insurance Company is in the process of begin liquidated. All bonds issued by this company will be cancelled, effective December 30, 2001, 12:00 a.m. I have attached a list of current bonds held that will be affected by this liquidation. Please contact the developers/contractors responsible to have new bonds issued immediately. All bonds should be issued as of December 30, 2001 at 12:01 a.m. Thank you for your quick response. cc: John Shaw, City Attorney William Huber, Engineering and Building Director Amy Amirani, Public Works Director Dan McFarland, Building Official r: 0 3 � a �W N •D A w° w 8 � A 0 WWr E., 000000000 00000 oOOOOooOO rn 000 V 0o�o�o00000 O O It —oot'- N N O O C O\ N 00 O N 06 O �o to O O 00 00 Cl O N ap �conIt) Y Y .. r... O O N fA C q O 2 .>.> > O a ` wwww U rnv� U Qa N N N Fy M M M M M M M M M i" 00 00 D\ Q\ O0 W W W W W W W W .. CI- U N N N A 000000000 0, ^.,M p 00 �+ 'Z 000000(=00 O 0.-0 O G0 00 O O CC cnU)cncn V) V)cncnrn.. vow .. CA 00) U�.. N 4 L � 00 ra W 0 A i A Q w •O OO n > R a � M u cd .f.: •L � .r u 00 7 a F+ U Yn A.F". Ci�vi U VU �Fv� 0 0 A W d' r-7 u W � A WA a F, o v, v, m oovv0000 Z O N N V h h N N 0 0 0 0 r o o v O v v v Vl 00 00 V V �o �o O) CN 7 QIy hj � y 3 w � U � -zg 0 0 e^. L L O C L _rFy�. N y V] y(A N i h J ° :; �� 4..a a �� wawawa3� �cn O (7) O df t— l— �o �o N N 0� O ed O a a N N �1.y �-+ %D py T O� T T Q\ O\ 00 T py W N 00 00 y O'.^+000O O 0 y 0 0000+' A 6,, 6 0 0 0 0 0 0 0 0 O O A A •� A A A A A A A A A k pa mow.. cn.acn.. cn .. cnV) V)cnV)cnU) cn.. a ilo �U•� °'A °' O � � V b�'as M V 00 'o 7 cV O > a�°ra°°na° AF �Fvi v�Fv� ul rA cn vi w to ro a • 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949)493-1053 (FAX) www.satijuaticapistrano.org March 13. 2002 Dennis Gage Calle Perfecto Business Park C/o Concorde Development 19700 Fairchild Rd., Ste 120 Irvine, CA 92612 �� IAf1AIIAll11 Huu�nn I96I 1776 MEMBERS OF THE CITY COUNCIL DIANE L. BATHGATE COLLENE CAMPBELL JOHN S. GELFF MATT HAAT DAVID M. SWERDLIN CITY MANAGER GEORGE SCARBOROUGH Re: Tract 15853, Calle Perfecto Business Park, LLC, Storm drain Improvement Bond. Dear Mr. Gage: The City has reviewed you request regarding the surety issues associated with the construction of improvement for the subject development. All improvement, with the exception of the storm drain system, has been completed, subject to the County's and the Santa Margarita Water District's sign -off on certain easement and right -of way dedication and to the City Inspector's final sign -off. As you were informed in our letter dated January 9, 2001, Frontier Insurance Company, who had issued the sureties for the subject development, is in the process of being liquidated. Therefore it is urgently necessary and required to replace the storm drain bond with equivalent sureties thatwould meetthe minimum requirement stipulated in Section 2.1 of the Subdivision Improvement Agreement for the subject tract. The Storm drain bond requiring substitution is listed below: SD00083506 Faithful Performance $100,000 SD00083506 Labor & Material $100,000 Equivalent sureties/bonds for the amounts listed above must be submitted to the City by Friday, March 29, 2002. Please contact me at (949)443-6336 should you have any questions regarding this issue. Very truly ours, J �/ William M. Huber Director of Engineering and Building San Juan Capistrano: Preserving the Past to Enhance the Future March 13, 2002 Dennis Gage Replacement of bonds page 2 WMH/SS cc: Meg Monahan Dan McFarland Sam Shoucair John Reynolds Devin Baker, County of Orange Dan Ferons, Santa Margarita Water District C:\MyFiles\Letters\GAGE, Calle Perfecto Bonds2.wpd Bond #SD00083370 Premium: $744.00/2 yr 46DIViSION FAITHFUL PERFOR CE BOND t (GOVERNMENT CODE . 66499.1) Street Improvements Tentative Tract Map 15853 WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and CALLE PERFECTO BUSINESS PARK, LLC A CALIFORNIA LIMITED LIABILITY COMPANY (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated July 19 , 19 99 and made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, we, the Principal and FRONTIER PACIFIC INSURANCE COMPANY , as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of SIXTY TWO THOUSAND AND NO/100ths------------------------------------- Dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. 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 be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. •d Surety, for value received, herestipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder. Executed this 27th day of July I9 99 at COSTA MESA California. APPROVED AS TO FORM: k2j-,Jj�- a CITY ATTORNEY Page 2 - Subdivision Performance Bond , PRINCIPAL CAL SS PARK, LLC A CAL ILITY COMPANY BY: , California BY: Dennis--Mge�esident (NOTARIZATION AND SEAL) SURETY FRONTIER PACIFIC INSURAICECOMPANY VICTORIA M CAMPBELL, ATTORNEY -IN -F T. (NOTARIZATION AND SEAL) State of, California • County of Orange On July 27, 1999 before me, DATE • Janina Monroe, Notary Public NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC personally appeared Victoria M. Campbell *********** NAME(S) OF SIGNER(S) ' ❑ personally known to me - M- ❑ to be the person(s) whose nameM is/an subscribed to the within instrument and acknowledged to me that )be/she/tbW executed the same in l4Ye'/her/4fMW authorized capacity(@@§), and that bye/her/tlmEtxsignature A on the instrument the person(o, or the entity upon behalf of which the personal acted, executed the instrument. and official seal. Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑INDIVIDUAL ❑CORPORATE OFFICER TITLE(S) ❑PARTNER(S) ❑LIMITED ❑GENERAL ATTORNEY-IN-FACT ❑TRUSTEE(S) ❑GUARDIAN/CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL•PURA ACKNOWLEDGMENT • State of California County of Orange On July 28, 1999 before me, Mary F. Hesse, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC' personally appeared Dennis No. 5907 NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. gCOMM. 01 19= a I+OTARrweuo•C LF0111 MARY F. HESSE N AWITN Sm hand and official seal. aaoaecaurtr My Corm dR * 19. 200¢ NATURE OF NO RV OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER rITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT Calle Perfecto Business Park, LLC Street Improvements NSD00083370 Tentative Tract Map 15853 TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Bax 7184 • Canoga Park, CA 91 309-71 84 1 • • Bond No. SD00083370 Premium included_in'Performance bond SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE, SECTION 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, andCALLE PERFECTO BUSINESS PARK, LLC A CALIFORNIA LIMITED LIABILITY COMPANY (hereinafter designated as "Principal'), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements which said Agreement, dated July 19 , 1999 , and identified as Project Tentative Tract Map 15853 - Street Improvements is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement; NOW, THEREFORE, we, the Principal and FRONTIER PACIFIC INSURANCE COMPANY , as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of SIXTY TWO THOUSAND AND NO/100ths----------------------------------------- Dollars ($ 62,000.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that, if the above bound Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees loft The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the 27th day of July 19_99__the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. NOTE: Please Attach Acknowledgement and Power of Attorney ECTO BU NESS PARK, LLC LIABILITY COMPANY TS, a California BY: , esident (NOTARIZATION AND SEAL) SURETY FRO1NTIER PACIFIC INSURANC$ COMPANY V AAAI VICTORIA M CAMPBELL, ATTORNEY -IN- ACT 2 of 2 (NOTARIZATION AND SEAL) State of. California • County of Orange On July 27, 1999 before me, DATE • Janina Monroe, Notary Public NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC' personally appeared Victoria M. Campbell NAME(S) OF SIGNER(S) ❑ personally known to me - M - ❑ to be the person(s) whose nameo) is/am subscribed to the within instrument and acknowledged to me that 13e/she/#W executed the same in Wher/MW authorized capacity(M), and that bykibs/her/ftimsignature0 on the instrument the personoo, or the entity upon behalf of which the person*) acted, executed the instrument. WITNESMmy and and official seal. XnUI,(9-( OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑INDIVIDUAL ❑CORPORATE OFFICER ❑PARTNER(S) ❑LIMITED ❑GENERAL DATTORNEY-IN-FACT ❑TRUSTEE(S) ❑GUARDIAN/CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CAL•IPORNIA ALL-PURPI ACKNOWLEDGMENT • No. 5907 State of California County of Orange On July 28, 1999 before me, Mary F. Hesse, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared Dennis Gage NAME(S) OF SIGNER(S) IN personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 MARYF HE8 E t li COMM. •1190333 > NOtAM11111IB -CNA40 M § �s-. 011AWmam-. awMaecaouMY ►k caaa o10.. A* 14, 20022 OPTIONAL my hand and Official seal. r �J1Q i SIGNATURE OF NOTARY Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT Calle Perfecto Business Park, LLC Street Improvements SD00083370 Tentative Tract Map 15853 TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 TZ/ROMTIER P M INSURANCE COMPANY (a California Company) 6404 Wilshire Blvd., Suite 850, Los Ang6les, California 90048-5510 POWER OF ATTORNEY Rnow Aff Tten 9321 V^ gCSC')CC5Cnt5: That FRONTIER PACIFIC INSURANCE COMPANY, a California Corporation, having its principal office in La Jolla, California, pursuant to the following resolution, adopted by the Board of Directors of the Corporation on the 15th day of November, 1991. "RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attomeys-in- Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attomey-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may Insert in such certification the date thereof, said date to be not later than the date of delivery thereof by such Attomey-in-Fact.' This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT: THOMAS G. MCCALL VICTORIA M. CAMPBELL K. R. VIODES JANINA MONROE Of Costa Mesa , in the State of Califomia its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge and deliver in its behalf, and as its act and deed, without power of redelegation, as follows: Bonds guaranteeing the fidelity of persons holding places of public or private trust, guaranteeing the performance of contracts other than insurance policies; and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed; IN AN AMOUNT NOT TO EXCEED THREE MILLION FIVE HUNDRED THOUSAND ($3,500,000.00) DOLLARS; and to bind FRONTIER PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of FRONTIER PACIFIC INSURANCE COMPANY, and all the acts of said Attomey(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. 3n Witness 01j)creof FRONTIER PACIFIC INSURANCE COMPANYof Los Angeles, California, has caused this Power of Attomey to be signed by its Vice President and its Corporate seal to be affixed this 29th day of March -19 96 - FRONTIER PACIFIC INSURANCE COMPANY DAVID E. CAMPBELL, Vice President STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) On March 29. 1996 before me, N. Ortiz, Notary Public, personally appeared David E. Campbell, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized rapacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s)'acted, executed the instrument. Witness my hand and official seal • r may- r. Signature of Notary Public I, the undersigned, Joseph P. Loughlin, Secretary of FRONTIER PACIFIC INSURANCE COMPANY, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of the Corporation this 27th day of July tg �A&., akl.0 -e`- r '91 =�; -.o; Joseph P. Loughlin, Secretary FM 19.50028.FP (11M) W -10393 -1/95 -SM Bond !SD00083506 Premium: $-1,200.011/2yrs *kDIYISION FAITHFUL PERFORACE BOND (GOVERNMENT CnOE . 66499.1) THREE EXECUTED ORIGINALS STORM DRAIN TENTATIVE TRACT MAP 15853 WHEREAS, the City Council of the City of San Tuan Capistrano, State of California, andCALLE PERFECTO BUSINESS PARK, LLC A CALIFORNIA LIMITED LIABILITY COMPANY (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated A Ubu 5 and made a part hereof; and U WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, we, the Principal and FRONTIER PACIFIC INSURANCE COMPANY as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of ONE HUNDRED THOUSAND & ND/100 .._ Dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. 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 be any, to require that a demand be made first against the Principal in the event of default. BE I3 FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. /�/✓iN�//G�k/6� (0119 Phil uLts� .1G/ /�o/'/� � � ,o�%fe4'' /�%// qiv�� yfre. rG�dr�sc- �%��5ao ..___ ti • • Y 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder. Executed this 11th day of FEBRUARY 2000 at COSTA MESA California. PRINCIPAL CAL LE PARK, LLC A Cit� ED LI ILITY COMPANY APPROVED AS TO FORA: CITY ATTORNEY Page 2 - Subdivision Performance Bond I (NOTARIZATION AND SEAL) SURETY FRONTIER PACIFIC INSURANCE COMPANY PATRICIA M. WHITE , ATTORNEY-IN-FACT (NOTARIZATION AND SEAL) 'State of CALIFORNIO • County of ORANGE On FFRRUARY 11. 2000 before me, JANINA MONROE , NOTARY PUBLIC— — — — — — — — , DATE NAME. TITLE OF OFFICER - E.G.. 'JANE DOE. NOTARY PUBLIC' personally appeared PATRICIA M. WHITE, ATTORNEY IN FACT— — — — — — — — — — — — — — — — — NAME(S) OF SIGNER(S) ❑ personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(* whose name(s) is/m subscribed to the within instrument and acknowledged to me that he/she/they executed the same in ±Wher/&akxauthorized capacityW), and that by cher/i;bejg signature(sr) on the instrument the person(, or the entity upon behalf of which the person(%) aMon'eoe acted, executed the instrument. rs !ia 2-5 nja WITNE�Sq my hand and official seal. OF OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑INDIVIDUAL ❑CORPORATE OFFICER TITLE(S) ❑PARTNER(S) ❑LIMITED ❑GENERAL ❑x ATTORNEY-IN-FACT ❑TRUSTEE(S) ❑GUARDIAN/CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of aAz_-�� County of /C'c - 61 On /� before me, � -= DATE /) OhElT OF OFFICER -E.G.,'JANE DOE, personally appeared � _'_ , � No. 5907 NAME(S) OF SI®]ER(S) R -personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. MARY F. HESSE I+ orunweuc.c�tlror#M COMM. #1190333 a 9 WITNF�SS hand and official seal. 0PA 14 cWM EXF. AwIt zooz IGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACH D DOCUMENT ❑ INDIVIDUAL r ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Bond No. SD 000B35Dfi_ Premium included in Performance bond SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE, SECTION 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and CALLE PERFECTO BUSINESS PARK, LLC A CALIFORNIA LIMITED LIABILITY COMPAN, (hereinafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements which f" said Agreement, dated AU4l��_ 3 a 1YY9, - �� and identified as Project TRACT 15853, STORM DRAINS _ is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement; NOW, THEREFORE, we, the Principal and FRONTIER PACIFIC INSURANCE COMPANY , as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of ONE HUNDRED THOUSAND & NO/ 100- - -_- -_-_-_- - - - - - - - Dollars ($ ,100,000.00- - - ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that, if the above bound Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees Iof2 The Surety hereby stipulates and agrees .that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the Specifications. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the _1th day Of FERRIARy 200.0_ the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. PRIACIPAL CALLE,!! ILI, LL A CAL TY COMPANY AJPPR/OVED AS TO FORty (NOTARIZATION AND SEAL) NOTE: Please Attach Acknowledgement and Power of Attorney SURETY FRONTIER PACIFIC INSURANCE r� PATRICIA M. WHITE kTTORNEY-IN-FACT 2 of 2 (NOTARIZATION AND SEAL) 'State Of CALIFORNIA • County of ORANGE On FEBRi7ARY 11. 2000 before me, JANINA MONROE , NOTARY PUBLIC- - - - - - - - DATE NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC' personally appeared PATRICIA M. WHITE, ATTORNEY IN FACT- - - - - - - - - - - - - - - - - NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the personN whose name(s) is/�lxe subscribed to the within instrument and acknowledged to me that Wsl executed the same in bis/her/tudmauthorized capacityW), ), and that by herhbeix signature(a) on the instrument the personM, or the entity upon behalf of which the person(s) acted, executed the instrument. r - r WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. - CAPACITY CLAIMED BY SIGNER ❑INDIVIDUAL ❑CORPORATE OFFICER TITLE(S) ❑PARTNER(S) ❑LIMITED ❑GENERAL DATTORNEY-IN-FACT ❑TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE P i MT/ER PACE s � INSURANCE COMPANY (a California Company) 101 West Broadway,Sulte 700San Dlego,California 92101 POWER OF ATTORNEY .Rnow diff (Rt1:ri IBy Vgese'PTCSents: That FRONTIER PACIFIC INSURANCE COMPANY, a California Corporation, having its principal office in San Diego, California, pursuant to the following resolution, adopted by the Board of Directors of the Corporation on the 15th day of November, 1991. "RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attomeys-in- Fact to represent and act for and an behalf of the Company to execute bonds, undertakings, recognizances and othercontracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attomey or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attomey-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof, said date to be not later than the date of delivery thereof by such Attomey-in-Fact." This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT: THOMAS G. MCCALL VICTORIA M. CAMPBELL PATRICIA M. WHITE JANINA MONROE of Costa Mesa ,in the state of California its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge and deliver in its behalf, and as its act and deed, without power of redelegation, as follows: Bonds guaranteeing the fidelity of persons holding places of public or private trust, guaranteeing the performance of contracts other than insurance policies; and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed; IN AN AMOUNT NOT TO EXCEED THREE MILLION FIVE HUNDRED THOUSAND ($3,500,000.00) DOLLARS; and to bind FRONTIER PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of FRONTIER PACIFIC INSURANCE COMPANY, and all the acts of said Attorney(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. do 0ItneSs W oemOf FRONTIER PACIFIC INSURANCE COMPANY of San Diego, California, has caused this Power of Attorney to be signed by Its Vice President and its Corporate seal to be affixed this 1 Oth day of. AU9Ust 1998 FRONTIER PACIFIC INSURANCE COMPANY naP ; BY: DAVID E. CAMPBELL, Vice President STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) On A1�� st 1p 19q8 before me, N. Ortiz, personally appeared David E. Campbell, personally known to me or proved to me on the basis of satls7dbfcry evi hnce io be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seat W,r; -.;� � I• Signature of Notary Corporation Acknowledgement I, the undersigned, Joseph P. Loughlin, Secretary of FRONTIER PACIFIC INSURANCE COMPANY, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of the Corporation this 11th day of FEBRUA�• ,;; 20 00 \ ) 31y JVIniO ; Ll Joseph P. Loughlin, Secretary FM 14- 0 ZA-FP (1/2000) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No, 5907 State oftt�u n� County of On .2 ee before me, hl e � agcy L DATE NAEOFOFFICER-E.G.,"JANEOO OTARY PUBLIC" personally appeared n NAME(S) #SIGNER(S) L�personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. MARY F. HESSE COMM. #1190333 WITS my hand and official seal. WTarrrueuaCKc0FM 0IWIINC011/TY My Come Exp..* 1& 1002 , v SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER '053QbdO X350 TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 6236 Remmet Ave., P.O. Box 7194 • Canoga Park, CA 91309-7184 Bond A-SD000835061 j* • Premium: $ 1,200.00/2yrs SUBDIYLSION FAITHFUL. PERPOR CE BOND THREE EXECUTED ORIGINALS (COVERN�uENT CnpE .66499.1) STORM DRAIN TENTATIVE TRACT MAP 15853 WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and CALLE PERFECTO BUSINESS PARK, LLC A CALIFORNIA LIMITED LIABILITY COMPANY (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated Aug u.3><. ,3-d 11799 and made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, we, the Principal and FRONTIER PACIFIC INSURANCE COMPANY as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of ONE HUNDRED THOUSAND & N9/100 Dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. 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 be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 0 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder. Executed this 11th day of FEBRUARY 2000 at COSTA MESA California. PRINCIPAL CALLE PERFECTO Btt33tlF SPARK, LLC A RNIB IMITED L ILITY COMPANY (NOTARIZATION AND SEAL) APPROVED AS TO FORM: CITY ATTORNEY Page 2 - Subdivision Performance Bond , SURETY FRONTIER PACIFIC INSURANCE COMPANY PATRICIA M. WHITE , ATTORNEY-IN-FACT: (NOTARIZATION AND SEAL) State of CALIFORNI* . - County of ORANGE On FEBRUARY 11, 2000 before me, JANINA MONROE , NOTARY PUBLIC- - - - - - - - , DATE NAME, TITLE OF OFFICER - E.G.. 'JANE DOE. NOTARY PUBLIC' personally appeared PATRICIA M. WHITE, ATTORNEY IN FACT- - - - - - - - - - - - - - - - - NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the personM whose name(s) is/a subscribed to the within instrument and acknowledged to me that hm/she/tbW executed the same in iks/her/kEekxauthorized capacity ), and that by cher/tom signature(so on the instrument the ersonM, or the entity upon behalf of which the person(g) z '_cted, executed the instrument. TNESS y hand and official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑INDIVIDUAL ❑CORPORATE OFFICER TITLE(S) ❑PARTNER(S) ❑LIMITED ❑GENERAL ATTORNEY-IN-FACT ❑TRUSTEE(S) ❑GUARDIAN/CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: NAME OF PERSONIS) OR ENTITY(IES) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of C County of 011, On lz�. /Z ,1 oe� before me, _ DATE personally appeared Ll OFFICER - E.G., No. 5907 NAME(S) *IGNER(S) personally known to me - OR - ❑ proved to me on1Vthe basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the MARY F.HESSE person(s) acted, executed the instrument. COMM. #1190333 < a-. WTARYPUBLIllcoum a WITNESS my hand and official seal. wy.romm F.lp. guy te. 2= j` SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER rITUE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT SY�oo� c� 3 s06, TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 6236 Remmet Ave.. P.O. Box 7194 • Canoga Park, CA 91309-7184 Bond No. SD 000.83SOfi_ Premium included in Performance bond SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE, SECTION 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and CALLE PERFECTO BUSINESS PARK, LLC A CALIFORNIA LIMITED LIABILITX COMPAN` (hereinafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install andcompletecertain designated improvements which said Agreement, dated U�Is�Sr3 d y �, _ and identified as Project TRACT 15853, STORM DRAINSis hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement; NOW, THEREFORE, we, the Principal and FRONTIER PACIFIC INSURANCE COMPANY , as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of ONE HUNDRED THOUSAND & NO/ 100- - r__.c r_-_-.- - - - - - - - Dollars ($ .100,000.00- - - ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that, if the above bound Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees loft 0 The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the 1th day of FFBRtiauy > 2000_ the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. AL CALLS PERFEC D—Bti57CNE PARK, LLC A CI rrnwrrn L-I�IABILITY COMPANY APPRlOVED AS TO Ff)Rty (NOTARIZATION AND SEAL) NOTE: Please Attach Acknowledgement and Power of Attorney SURETY FRONTIER PACIFIC INSURANCE \�COMPANY PATRICIA M. WHITE 1TTORNEY-IN-FACT 2 of 2 (NOTARIZATION AND SEAL) State of CALIFORNI* County of ORANGE On FEBRUARY 11, 2000 before me, JANINA MONROE , NOTARY PUBLIC- - - - - - - - DATE NAME TITLE OF OFFICER - E. G.,'JANE DOE. NOTARY PUBLIC' personally appeared PATRICIA M. WHITE, ATTORNEY IN FACT- - - - - - - - - - - - - - - - - NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the personM whose name(ffi) i0za subscribed to the within instrument and acknowledged to me that Wshe/tl executed the same in )bis/her/kaerxauthorized capacityw), ,¢ and that by IzjWherhbeiR signature(a) on the instrument the s. personM, or the entity upon behalf of which the person( acted, executed the instrument. WITNE�S my hand and official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑INDIVIDUAL ❑CORPORATE OFFICER TITLE(S) ❑PARTNER(S) ❑LIMITED ❑GENERAL DATTORN EY -I N -FACT ❑TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE =RONTIER PACINFIGIC INSURANCE COMPANY (a California Company) 101 West Broadway.Suite 700,San Dlego,Californla 92101 POWER OF ATTORNEY Anow,Aff (Taen 113y Vryese Tresents: That FRONTIER PACIFIC INSURANCE COMPANY, a California Corporation, having its principal office in San Diego, California, pursuant to the following resolution, adopted by the Board of Directors of the Corporation on the 15th day of November, 1991. "RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attomeys-in- Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attomey-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof, said date to be not later than the date of delivery thereof by such Attorney -in -Fact." This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT: THOMAS G. MCCALL VICTORIA M. CAMPBELL PATRICIA M. WHITE JANINA MONROE of Costa Mesa ,in the state of California Its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge and deliver in its behalf, and as its act and deed, without power of redelegation, as follows: Bonds guaranteeing the fidelity of persons holding places of public or private trust, guaranteeing the performance of contracts other than insurance policies; and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed; IN AN AMOUNT NOT TO EXCEED THREE MILLION FIVE HUNDRED THOUSAND ($3,500,000.00) DOLLARS; and to bind FRONTIER PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of FRONTIER PACIFIC INSURANCE COMPANY, and all the acts of said Attomey(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. aft Witness WgCrcof FRONTIER PACIFIC INSURANCE COMPANY of San Diego, California, has caused this Power of Attorney to besigned by its Vice President and its Corporate seal to be affixed this 10th day of. August 1998 FRONTIER PACIFIC INSURANCE COMPANY .•'fes INSUAgti,.... f •..,, DAVID E. CAMPBELL, Vice President STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) On At�wst 1 19198b before me, N. Ortiz, personally appeared David E. Campbell, personally known to me or proved to me on the basis of setts cry evl Once o e the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal N. ORTIZ Commission # 1192302 Notary Public - California Sat Diego County MyComm.EvRwAug6,2002 Signature of Notary Corporation Acknowledgement I, the undersigned, Joseph P. Loughlin, Secretary of FRONTIER PACIFIC INSURANCE COMPANY, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect. IN WITNESS WHEREOF, 1 have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of the Corporation this 11th day of FEBRUARY ............. 2000 Joseph P. Loughlin, Secretary FM 19 -5002A -FP (12000) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Cour• F On s-, • No. 5907 personally appeared , NAMES) OF S ER(S) ❑`f personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. MARY F. HESSE COMM. #1190933 a NOTMYRRZ.CNNOF 1 x LS My ow,r11. E* AN +8, 2=J WITmy ha SS Ind and official seal. 7 SIGNATURE OF NOTARY 61 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT Xt S-D0C9o Fl a Sod TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE @1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Bond #SD00083370 Premium: $744.00/2 yr DIVISION FAITHFUL PERFORMAW BOND (GOVERNMENT CODE . 66499.0 Street Improvements Tentative Tract Map 15853 WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and CALLE PERFECTO BUSINESS PARK, LLC A CALIFORNIA LIMITED LIABILITY COMPANY (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated July 19 19 99 and made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, we, the Principal and FRONTIER PACIFIC INSURANCE COMPANY , as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of SIXTY TWO THOUSAND AND NO/100ths---------------------- --------------- Dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. 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 be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 0 0 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder. Executed this 27th day of July 19 9� at COSTA MESA , California. APPROVED AS TO FORM: CITY ATTORNEY Page 2 - Subdivision Performance Bond , P C 5ge, SIN PARK, LLC A C TED ABILITY COMPANY BY: , a California B . sPresident (NOTARIZATION AND SEAL) SURETY FRONTIER PACIFIC I SU E COMPANY -a VICTORIA M CAMPBELL, ATTORNEY -IN- CT (NOTARIZATION AND SEAL) State' of California • County of Orange On July 27,1999 before me,. Janina Monroe, Notary Public DATE NAME, TITLE OF OFFICER - E.G.. 'JANE DOE. NOTARY PUBLIC' personally appeared Victoria M. Campbell *********** NAME(S) OF SIGNER(S) 0 personally known tome - M- ❑ to be the person(s) whose nameM is/an subscribed to the within instrument and acknowledged to me that Abe/she/thW executed the same in Wher/4l W authorized capacity(W§), and that byAtis/her/tialEditsignature" on the instrument the personoo, or the entity upon behalf of which the personR acted, executed the instrument. WITNESS my hard and official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑INDIVIDUAL ❑CORPORATE OFFICER TITLE(S) ❑PARTNER(S) ❑LIMITED ❑GENERAL ❑x ATTORNEY-IN-FACT ❑TRUSTEE(S) ❑GUARDIAN/CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange Is On July 28, 1999 before me, Mary F. Hesse, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC' personally appeared NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. rMARY F. HESSE IM WITNESS Vly hand and official seal. Fi .: rarrwrwaic-Cetralll� #-. OMNOEC011/tY i �Ay Canm Fes. JIAy t0. � - SIGNATURE OF NOTARY OPTIONAL No. 5907 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(fES) DESCRIPTION OF ATTACHED DOCUMENT Calle Perfecto Business Park, LLC Street Improvements #SD00083370 _ Tentative Tract Map 15853 TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 -Canoga Park, CA 91309-7184 Bond No. SD00083370 Premium included in Performance bond SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE, SECTION 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, andCALLE PERFECTO BUSINESS PARK, LLC A CALIFORNIA LIMITED LIABILITY COMPANY (hereinafter designated as "Principal'), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements which said Agreement, dated July 19 , 1912__, and identified as Project Tentative Tract Map 15853 - Street Improvements is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement; NOW, THEREFORE, we, the Principal and FRONTIER PACIFIC INSURANCE COMPANY , as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of SIXTY TWO THOUSAND AND NO/100ths----------------------------------------- Dollars ($ 62,000.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that, if the above bound Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees loft The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the 27th day of July 19_99_j the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. NOTE: Please Attach Acknowledgement and Power of Attorney PRINCIPAL CALL O UNESS PARK, LLC A CAL ED ILI_TY COMPANY BY: FERRAR , a California BY: DEnnis ,- ent (NOTARIZATION AND SEAL) SURETY FRO ER PACIFIC INSIJRMqF COMPAN VICTORIA M CAMPBELL, ATTORNEY—IN FACT 2 of 2 (NOTARIZATION AND SEAL) State of California W County of Orange On July 27, 1999 before me, . Janina Monroe, Notary Public DATE NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC' personally appeared Victoria M. Campbell *********** NAME(S) OF SIGNER(S) ❑ personally known to me - M- ❑ to be the person(a) whose nameN is/am subscribed to the within instrument and acknowledged to me that to/she/thW executed the same in Wher/thM authorized capacity(Aft), and that bye/her/bmatixsignature M on the instrument the personoo, or the entity upon behalf of which the person acted, executed the instrument. WITNESS rr1y hand and official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑INDIVIDUAL ❑CORPORATE OFFICER TITLE(S) ❑PARTNER(S) ❑LIMITED ❑GENERAL DATTORN EY -I N -FACT ❑TRUSTEE(S) ❑GUARDIAN/CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT `(rI11111111!!/lIIII!!!!!!./flllllll!!!I!llIllllllJ! \- of 'l . Orange On July 28, 1999 before me, Mary F. Hesse, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. MARY F. HESSEt WITNESS my hand and official seal. COMM. #1190333 �i lgTMYPUBUC•CIILFONtl� y #S. ORAMECOUfM W Comm E#. JWy 18, 20M SIGNATURE OF NOTARY OPTIONAL No. 5907 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEYAN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONIS) OR ENTITYQES) DESCRIPTION OF ATTACHED DOCUMENT Calle Perfecto Business Park, LLC Street Improvements #SD00083370 Tentative Tract Map 15853 TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 VZRONTIERPA =/- I= INSURANCE COMPANY (a California Company) 6404 Wilshire Blvd., Suite 850, Los Angeles, California 90048-5510 POWER OF ATTORNEY Rnow Aff'Men 43y Vf Csc c1resent5: That FRONTIER PACIFIC INSURANCE COMPANY, a California Corporation, having its principal office in La Jolla, California, pursuant to the following resolution, adopted by the Board of Directors of the Corporation on the 15th day of November, 1991. "RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attomeys-in- Fact to represent and ad for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attomey-in-Fad delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof, said date to be not later than the date of delivery thereof by such Attorney -in -Fact." This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT: THOMAS G. MCCALL VICTORIA M. CAMPBELL K. R. VIODES JANINA MONROE Of Costa Mesa , in the State of California its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge and deliver in its behalf, and as its act and deed, without power of redelegation, as follows: Bonds guaranteeing the fidelity of persons holding places of public or private trust, guaranteeing the performance of contracts other than insurance policies; and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed; IN AN AMOUNT NOT TO EXCEED THREE MILLION FIVE HUNDRED THOUSAND ($3,500,000.00) DOLLARS; and to bind FRONTIER PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duty authorized officers of FRONTIER PACIFIC INSURANCE COMPANY, and all the acts of said Attomey(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. Fitt W ItttC55 %0 I]CRO f FRONTIER PACIFIC INSURANCE COMPANY of Los Angeles, California, has caused this Power of Attorney to be signed by its Vice President and its Corporate seal to be affixed this 29th day of March 19 96 FRONTIER PACIFIC INSURANCE COMPANY •.4FW INByy y,• BY: '''•... ,..�` DAVID E. CAMPBELL, Vice President STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) On March 29 1996 before me, N. Ortiz, Notary Public, personally appeared David E. Campbell, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal • r y N/�^J, Signature of Notary Public U I, the undersigned, Joseph P. Loughlin, Secretary of FRONTIER PACIFIC INSURANCE COMPANY, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of the Corporation this 27th day of July ,19 PT "4dI0,�� i ni f�W' : -wNAa= Joseph P. Lougihlin, Secretary 38. p FM 19 -50029 -FP (11/98) W-1IX193-485-51W Bond IISD00083369 Premium: $1,207.00/2 yr ,. DIVISION FAITHFUL PERFOR CE BOND (GOVERNMENT CODE . 66499.0 WATER TENTATIVE TRACT MAP 15853 WHEREAS, the City Council of the City of San Juan Capistrano, State of California, andCALLE PERFECTO BUSINESS PARK, LLC A CALIFORNIA LIMITED LIABILITY COMPANY (hereafter designated as "Principal'), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated July 19, 19 99 and made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, we, the Principal and FRONTIER PACIFIC INSURANCE COMPANY as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of ONE HUNDRED THOUSAND SIX HUNDRED AND NO/100ths------ ----------------- Dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. 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 be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 0 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder. Executed this 27th day of July 19_99__, at COSTA MESA , California. APPROVED AS TO FORM: lla—A-lica CITY ATTORNEY Page 2 - Subdivision Performance Bond , P C PERFECTO B NESS PARK, LLC A IA LIMIT LIABILITY COMPANY BY: S, A California BY: DEnnis Gage, President (NOTARIZATION AND SEAL) SURETY FRONTIER PACIFIC INSURANCE COMPANY �Lt�fA 01a]M AAAA VICTORIA M CAMPBELL, ATTORNEY -IN 'ACT (NOTARIZATION AND SEAL) State of California County of ' Orange On July 27, 1999 before me, . Janina Monroe, Notary Public DATE NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC personally appeared Victoria M. Campbell *********** NAME(S) OF SIGNER(S) 0 personally known to me - M- ❑ to be the person(s) whose nameM is/an subscribed to the within instrument and acknowledged to me that die/she/fix executed the same in WherlOW authorized capacity(I't), and that byAtWher/dmt xsignatureP on the instrument the person04, or the entity upon behalf of which the person*) acted, executed the instrument. and official seal. yr I Iv+xn� Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑INDIVIDUAL ❑CORPORATE OFFICER TITLE(S) ❑PARTNER(S) ❑LIMITED ❑GENERAL DATTORNEY-IN-FACT ❑TRUSTEE(S) ❑GUARDIAN/CO N S E RVATO R ❑OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL•PURPA ACKNOWLEDGMENT • State of County of California Orange On,T,_ July 28, 1999 before me, Maxx F. Hesse, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. �MARYF HESSE COMM. #1190333 < WITNESS m hand and official seal. > tarunasuc•cxrarM A ►y Cana f]Ip. A* 118, 2 SIGNATURE OF NOTARY OPTIONAL No. 5907 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(SI OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT Calle Perfecto Business Park, LLC Water Bond #SD00083369 Tentative Tract Map 15853 TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Boz 7184 • Canoga Park, CA 91 309-71 84 Bond No. SD00083369 Premium included in Performance bond SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE, SECTION 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and CALLE PERFECTO BUSINESS PARK, LLC A CALIFORNIA LIMITED LIABILITX COMPANY (hereinafter designated as "Principal`), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements which said Agreement, dated July 19 19__2.9_, and identified as Project Tentative Tract Map 15853 - Water is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement; NOW, THEREFORE, we, the Principal and FRONTIER PACIFIC INSURANCE _ COMPANY , as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of ONE HUNDRED THOUSAND SIX HUNDRED AND NO/100thd------------------------ Dollars ($ 100, 600.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that, if the above bound Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees loft 0 0 The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the 27th day of July 19 99 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. NOTE: Please Attach Acknowledgement and Power of Attorney PRINCIPAL CALL SINES S PARK, LLC RNIA LIMIT LIABILITY COMPANY S, a California B , President (NOTARIZATION AND SEAL) SURETY FRONTIER PACIFIC INSU CE COMP VICTORIA M CAMPBE L, ATTORNEY—It—FACT 2 of 2 (NOTARIZATION AND SEAL) State of County of ' Orange On July 27, 1999 before me, . Janina Monroe, Notary Public DATE NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC' personally appeared Victoria M. Campbell *********** NAME(S) OF SIGNER(S) ' ❑ personally known to me - M- ❑ to be the person(s) whose name( is/apa subscribed to the within instrument and acknowledged to me that 1be/she/thi* executed the same in WherAMU authorized capacity(IM), and that bytes/her/tkEixsignature() on the instrument the person(o, or the entity upon behalf of which the person1W acted, executed the instrument. hand and official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑INDIVIDUAL ❑CORPORATE OFFICER TITLE(S) ❑PARTNER(S) ❑LIMITED ❑GENERAL ATTORNEY-IN-FACT ❑TRUSTEE(S) ❑GUARDIAN/CONSERVATOR ❑OTHER: DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE NAME OF PERSON(S) OR ENTITY(IES) CALIFORNIA -ALL-PURPOSE ACKNOWLEDGMENT • State of California County of On July 28, 1999 before me, Mary F. Hesse, Notary Public DATE NAME, TITLE OF OFFICER - E G.,'JANE DOE, NOTARY PUBLIC" personally appeared No. 5907 NAME(S) OF SIGNER(S) d personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. MARY F. 19 WI my hand and official seal. � COMM. #1190933 i NOTAW 1JBUC-CAIFOWM y i' . OPANDECouNTY 1M Came Fes. A* 9, 2002 SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT Water Bond #SD00083369 TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 a. 0 TX�ROMTIER ==---- INSURANCE COMPANY (a California Company) 6404 Wilshire Blvd., Suite 850, Los Ange3les, California 90048-5510 POWER OF ATTORNEY Rnow A f Oen 93y Vfjese TTesents: That FRONTIER PACIFIC INSURANCE COMPANY, a California Corporation, having its principal office in La Jolla, Califomia, pursuant to the following resolution, adopted by the Board of Directors of the Corporation on the 15th day of November, 1991. "RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attomeys-in- Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attomey-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof, said date to be not later than the date of delivery thereof by such Attomey-in-Fact " This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT. THOMAS G. MCCALL VICTORIA M. CAMPBELL K. R. VIODES JANINA MONROE Of Costa Mesa , in the state of Califomia its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge and deliver in its behalf, and as its act and deed, without power of redelegation, as follows: Bonds guaranteeing the fidelity of persons holding places of public or private trust, guaranteeing the performance of contracts other than insurance policies; and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed; IN AN AMOUNT NOT TO EXCEED THREE MILLION FIVE HUNDRED THOUSAND ($3,500,000.00) DOLLARS; and to bind FRONTIER PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of FRONTIER PACIFIC INSURANCE COMPANY, and all the acts of said Attomey(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. f3lt 'Witness 'W))crC0f FRONTIER PACIFIC INSURANCE COMPANY of Los Angeles, California, has caused this Power of Attorney to be signed by its Vice President and its Corporate seal to be affixed this 29th day of March 19 96 FRONTIER PACIFIC INSURANCE COMPANY J p INSVq�+. + �� iF -JV'ni50 Z' BY: STATE OF CALIFORNIA) "-.....,•••,r••,,,,..•••^' DAVID E. CAMPBELL, Vice President COUNTY OF SAN DIEGO) On March 29. 1996 before me, N. Ortiz, Notary Public, personally appeared David E. Campbell, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal N. ORTIZ COntmtalon * 1192302 Asa, oleoo 6Cau1N � 1 SignaturePNotaryPublic 1, the undersigned, Joseph P. Loughlin, Secretary of FRONTIER PACIFIC INSURANCE COMPANY, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of the Corporation this 27th day of Jules , 19 n / / ;i Loughlin, Secretary u !, FM 19 -50020 -FP 11190 'sem'+'• "'<,iO�+'. �+: w- ( ) J, 10393495-5M Bond #SD00083369 Premium: $1,207.00/2 yr A DIVISION FAITHFUL PERFOR BOND ` (GOVERNMENT CODE . 66499.0 WATER TENTATIVE TRACT MAP 15853 WHEREAS, the City Council of the City of San Juan Capistrano, State of California, andCALLE PERFECTO BUSINESS PARK, LLC A CALIFORNIA LIMITED LIABILITY COMPANY (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated July 19, 19 99 and made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, we, the Principal and FRONTIER PACIFIC INSURANCE COMPANY as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of ONE HUNDRED THOUSAND SIX HUNDRED AND_NO/100ths------- ---------------- Dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. 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 be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 0 0 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder. Executed this 27th day of July 19 99 , at COSTA MESA . California. APPROVED AS TO FORM: CITY ATTORNEY Page 2 - Subdivision Performance Bond , PRINCIPAL CALLE PERFECTO BUSINESS PARK, LLC LIMITED LIABILITY COMPANY BY: TMENTS, a California BY. , President (NOTARIZATION AND SEAL) SURETY FRONTIER PACIFIC INSU CE COMPANY VICTORIA M CAMPBELL, ATTORNEY -IN- ACT (NOTARIZATION AND SEAL) State Of California • • County of Orange On July 27, 1999 before me, . Janina Monroe, Notary Public DATE NAME. TITLE OF OFFICER - E.G.. 'JANE DOE. NOTARY PUBLIC' personally appeared Victoria M. Campbell *********** NAME(S) OF SIGNER(S) ' 0 personally known to me - M- ❑ to be the person(s) whose nameA is/an subscribed to the within instrument and acknowledged to me that )be/she/ttfx executed the same in MVher/MW authorized capacity(M), and that bykibs/her/ftix signature P on the instrument the - personoo, or the entity upon behalf of which the person*) acted, executed the instrument. WITNESS nA hand and official seal. u✓u,r10%1 yuv Oh NOIAHY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑INDIVIDUAL ❑CORPORATE OFFICER TITLE(S) ❑PARTNER(S) ❑LIMITED ❑GENERAL ❑x ATTORNEY-IN-FACT ❑TRUSTEE(S) ❑GUARDIAN/CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURP• ACKNOWLEDGMENT • State of California County of Orange On July 28, 1999 before me, Mary F. Hesse, Notary Public,. - DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE. NOTARY PUBLIC' personally appeared Dennis Gage No. 5907 NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 40v� MARY F. HESSE WITNSS my hand and official seal. i COMM.11190333 a #., NDTARYRIBIIC•I^rIlF0I1I s —�..�...� CaOPANGECDA JX nt0. 2082 S ATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT Water Bond #SD00083369 TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Bond No. SD00083369 Premium included in Performance bond LABOR AND MATERIAL BOND (GOVERNMENT CODE, SECTION 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and CALLE PERFECTO BUSINESS PARK, LLC A CALIFORNIA LIMITED LIABILITY, COMPANY (hereinafter designated as "Principal'), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements which said Agreement, dated July 19 19__92, and identified as Project Tentative Tract Map 15853 - Water is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement; NOW, THEREFORE, we, the Principal and FRONTIER PACIFIC INSURANCE COMPANY , as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of ONE HUNDRED THOUSAND SIX HUNDRED AND NO/100ths, ------------------------ Dollars ($ 100,600.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that, if the above bound Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees Iof2 The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the 27th day of July 19_99_, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. PRINCIPAL CALLE PERFECTO BUSINESS PARK, LLC TED LIABILITY COMPANY BY: S S, a California L03;p BY: , ident AS TO FJJRtA (NOTARIZATION AND SEAL) K. bENHALTER, CITY NOTE: Please Attach Acknowledgement and Power of Attorney SURETY FRONTIER PACIFIC INSU CE COMPAN VICTORIA M CAMPBELL, ATTORNEY -IN- ACT 2 of 2 (NOTARIZATION AND SEAL) State Of. California W County of On July 27, 1999 before me, . Janina Monroe, Notary Public , DATE NAME, TITLE OF OFFICER, E.G., 'JANE DOE, NOTARY PUBLIC personally appeared Victoria M. Campbell *********** NAME(S) OF SIGNER(S) 0 personally known to me - Btu- ❑ pmorttExscxxesesK�#seiisfast�uida to be the person(a) whose nameM is/am subscribed to the within instrument and acknowledged to me that the/she/IbW executed the same in Wher/MW authorized capacity(M), and that byAxis/her/tfmebxsignature M on the instrument the personoo, or the entity upon behalf of which the personal acted, executed the instrument. Though the data below is not required by law, it may fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑INDIVIDUAL ❑CORPORATE OFFICER TITLE(S) ❑PARTNER(S) ❑LIMITED ❑GENERAL ATTORNEY-IN-FACT ❑TRUSTEE(S) ❑GUARDIAN/CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) .Jr- P4NJIVP%L. prove valuable to persons relying on the document and could prevent DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPO E ACKNOWLEDGMENT • State of California County Of Orange On July 28, 1999 DATE before me, Mary F. Hesse, Notary Public NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared Dennis Gage NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. MARY F. HESSE� WITNESS m hand and jofficial seal. COMM. 938 D �T NOfAR11RJBUC.cALFC•CKIFgMM 9 4S . OPANaE00Ilm Ay comaA+b t&2002 `— IGNATURE OF NOTARY OPTIONAL No. 5907 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TmEts) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTIh NAME OF PERSON(s) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT Water Bond SD00083369 TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91 309-71 84 LN WER PA= H-1 = INSURANCE COMPANY (a California Company) 6404 Wilshire Blvd., Suite 850, Los Angeles, California 90048-5510 POWER OF ATTORNEY .R1tow Aff Men' 3y VIjc5e (Present$: That FRONTIER PACIFIC INSURANCE COMPANY, a California Corporation, having its principal office in La Jolla, California, pursuant to the following resolution, adopted by the Board of Directors of the Corporation on the 15th day of November, 1991. "RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attomeys-in- Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attomey-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof, said date to be not later than the date of delivery thereof by such Attomey-in-Fact." This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT: THOMAS G. MCCALL VICTORIA M. CAMPBELL K. R. VIODES JANINA MONROE of Costa Mesa , in the State of California its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge and deliver in its behalf, and as its act and deed, without power of redelegation, as follows: Bonds guaranteeing the fidelity of persons holding places of public or private trust, guaranteeing the performance of contracts other than insurance policies; and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed; IN AN AMOUNT NOT TO EXCEED THREE MILLION FIVE HUNDRED THOUSAND ($3,500,000.00) DOLLARS; and to bind FRONTIER PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of FRONTIER PACIFIC INSURANCE COMPANY, and all the acts of said Attomey(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. alt'Witness ()CRO f FRONTIER PACIFIC INSURANCE COMPANY of Los Angeles, California, has caused this Power of Attorney to be signed by its Vice President and its Corporate seal to be affixed this 29th day of March 19 96 - FRONTIER PACIFIC INSURANCE COMPANY e'4AG IMSyy,4C STATE OF CALIFORNIA) , '•.,,,""""""� ' ,..•' DAVID E. CAMPBELL, Vice President COUNTY OF SAN DIEGO) - On March 29. 1996 before me, N. Ortiz, Notary Public, personally appeared David E. Campbell, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal Signature of Notary Public ( \ I, the undersigned, Joseph P. Loughlin, Secretary of FRONTIER PACIFIC INSURANCE COMPANY, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of the Corporation this 27th day of July 19 Joseph P. Loughlin, Secretary FM 19-S B-FP11/96 + "O�- 4 ( ) ':� r> W -1e393 -495-5M Bond #SD00083368 • • Premium: $1,068.00/2 yr SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE . 66499.0 SANITARY SEWER TENTATIVE TRACT MAP 15853 WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and CALLE PERFECTO BUSINESS PARK, LLC A CALIFORNIA LIMITED LIABILITY COMPANY (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated July 19, 19 99 and made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, we, the Principal and FRONTIER PACIFIC INSURANCE COMPANY as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obliged'), in the sum of EIGHTY NINE THOUSAND AND NO/100ths---------------------------------- Dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. 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 be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 0 0 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder. Executed this 27th day of July 19__99 , at COSTA MESA , California. PRINCIPAL CAL CTO BUSINESS PARK, LLC A ED LIABILITY COMPANY BY: S. a California APPROVED AS TO FORM: CITY ATTORNEY Page 2 - Subdivision Performance Bond , Itys AND SEAL) SURETY FRONTIER PACIFIC INSURANCE COMP VICTORIA M CAMPBELL, ATTORNEY -I FACT (NOTARIZATION AND SEAL) State of California • County of Orange On July 27, 1999 before me,. Janina Monroe, Notary Public DATE NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC ' personally appeared Victoria M. Campbell *********** NAME(S) OF SIGNER(S) 0 personally known to me - M- ❑ to be the person(s) whose nameN is/an subscribed to the within instrument and acknowledged to me that the/she/4t7W executed the same in Wher/iliW authorized capacity(W§), and that by&tbs/her/tlmei:icsignature 0 on the instrument the person04, or the entity upon behalf of which the person*) acted, executed the instrument. hand and official seal. SIGNATURE OF Vf I IVINfYL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑INDIVIDUAL ❑CORPORATE OFFICER TITLE(S) ❑PARTNER(S) ❑LIMITED ❑GENERAL ❑x ATTORNEY-IN-FACT ❑TRUSTEE(S) ❑GUARDIAN/CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPA ACKNOWLEDGMENT • State of California County of Orange On July 28, 1999 before me, Mary F. Hesse, Notary Public DATE NAME, TITLE OF OFFICER - E.G„ "JANE DOE, NOTARY PUBLIC' personally appeared Dennis Gage No. 5907 NAMES) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. MARY F.#1190333 < NESSE COMM. 8WITNESS m hand and official seal. r' ROTARYPUBUC-CALWOF J01 y oRArroEcoultry i My Ctmm E>�. July 18, X002 f 6 L IGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER NTLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT Sanitary Sewer Bond #SD00083368 TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION -8236 Remmet Ave., P.O. Box 7184- Canoga Park, CA 91309-7184 0 0 Bond No. SD00083368 Premium included in Performance bond SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE, SECTION 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and CALLE PERFECTO BUSINESS PARK, LLC A CALIFORNIA LIMITED LIABILITY COMPANY (hereinafter designated as "Principal'), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements which said Agreement, dated July 19 , 19 and identified as Project Tentative Tract Map 15853 - Sanitary Sewer is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement; NOW, THEREFORE, we, the Principal and FRONTIER PACIFIC INSURANCE COMPANY as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of EIGHTY NINE THOUSAND AND NO/100ths--------------------------------------- Dollars ($ 89,000.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that, if the above bound Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees loft The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the 27th day of July 19 99 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. NOTE: Please Attach Acknowledgement and Power of Attorney PRINCIPAL CALLE PERFECTO BUSINESS PARK, LLC IMITED LIABILITY COMPANY S, a California BY: President (NOTARIZATION AND SEAL) SURETY FRONTIER PACIF�IC INSURAN E C�OMnPAN Oul I I. -)k I1U VICTCTRIA M CAMPBELL, ATTORNEY -IN- ACT 2 of 2 (NOTARIZATION AND SEAL) State of California • County of Orange On July 27, 1999 before me,. Janina Monroe, Notary Public DATE NAME. TITLE OF OFFICER, E.G., 'JANE DOE, NOTARY PUBLIC' personally appeared Victoria M. Campbell *********** NAME(S) OF SIGNER(S) 0 personally known to me - W- ❑ to be the person(s) whose names" is/an subscribed to the within instrument and acknowledged to me that Abe/she/MW executed the same in lSYs'/her/WW authorized capacity(M), and that by&tiis/her/tlmEd3csignature04 on the instrument the person04, or the entity upon behalf of which the person acted, executed the instrument. WITNESS-mv hand and official seal. Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑INDIVIDUAL ❑CORPORATE OFFICER TITLE(S) ❑PARTNER(S) ❑LIMITED ❑GENERAL DATTORNEY-IN-FACT ❑TRUSTEE(S) ❑GUARDIAN/CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE -CALIFORNIA ALL-PIiIRPA ACKNOWLEDGMENT • State of County of California Orange On July 28, 1999 before me, May F. Hesse, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC' personally appeared NAME(S) OF SIGNER(S) 0 personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. MARY F. HESSE WITN SS my hand and official seal. g COMM. 01190333 a �i mm NNAW M y Om Eq), OIIRY ' MP Co1Jolp f0. 2002 ti SIGNATURE OF NOTARY OPTIONAL No. 5907 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT Sanitary Sewer Bond kSD00083368 TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184- Canoga Park, CA 91309-7184 VZR0N71ER INSURANCE COMPANY (a California Compony) 6404 Wilshire Blvd.. Suite 850. Los Angeles, California 40048-5510 POWER OF ATTORNEY Rnow Aff Tlen Q3y VIjC5C'irC5C1tt5: That FRONTIER PACIFIC INSURANCE COMPANY, a California Corporation, having its principal office in La Jolla, California, pursuant to the following resolution, adopted by the Board of Directors of the Corporation on the 151h day of November, 1991. 'RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attorneys -in - Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attomey-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof, said date to be not later than the date of delivery thereof by such Attomey-in-Fact." This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT: THOMAS G. MCCALL VICTORIA M. CAMPBELL K. R. VIODES JANINA MONROE of Costa Mesa , in the state of California its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge and deliver in its behalf, and as its act and deed, without power of redelegation, as follows: Bonds guaranteeing the fidelity of persons holding places of public or private trust, guaranteeing the performance of contracts other than insurance policies; and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed; IN AN AMOUNT NOT TO EXCEED THREE MILLION FIVE HUNDRED THOUSAND ($3,500,000.00) DOLLARS; and to bind FRONTIER PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of FRONTIER PACIFIC INSURANCE COMPANY, and all the acts of said Attomey(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. all (Witness W f)CrCOf FRONTIER PACIFIC INSURANCE COMPANY of Los Angeles, California, has caused this Power of Attomey to be signed by its Vice President and its Corporate seal to be affixed this 29th day of March '19 96 - FRONTIER PACIFIC INSURANCE COMPANY nos e 4,.oPi BY: DAVID E. CAMPBELL, Vice President STATE OF CALIFORNIA) """""""'.. COUNTY OF SAN DIEGO) On March 29, 1996 before me, N. Ortiz, Notary Public, personally appeared David E. Campbell, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the pemon(s) acted, executed the instrument. Witness my hand and official seal 1 1 Signature of Notary Public I, the undersigned, Joseph P. Loughlin, Secretary of FRONTIER PACIFIC INSURANCE COMPANY, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of the Corporation this 27th day of July 19 Joseph P. Louilhlin, Secretary is LL._ v,.o.+°,-i FM 19 -50028 -FP (11M)W40393-4/95-SM Bond 11SD00083368 . • Premium: $1,068.00/2 yr SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE . 66499.1) SANITARY SEWER TENTATIVE TRACT MAP 15853 WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and CALLE PERFECTO BUSINESS PARK, LLC A CALIFORNIA LIMITED LIABILITY COMP (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated July 19, 19 99 and made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, we, the Principal and FRONTIER PACIFIC INSURANCE COMPANY as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of EIGHTY NINE THOUSAND AND NO/100ths---------------------------------- Dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. 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 be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1, As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 0 0 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder. Executed this 27th day of July 19__99 at COSTA MESA , California. APPROVED AS TO FORM: CITY ATTORNEY Page 2 - Subdivision Performance Bond , PRINCIPAL _LALLE PERFECTO BUSINESS PARK, LLC LIMITED LIABILITY COMPANY STMENPS, a California BY: is ge, President (NOTARIZATION AND SEAL) SURETY FRONTIER PACIFIC INSURANCE COMPANY VICTO IA M CAMPBELL, ATTORNEY -IN- CT (NOTARIZATION AND SEAL) State of County of Orange On July 27, 1999 before me, . Janina Monroe, Notary Public DATE NAME, TITLE OF OFFICER - E.G., *JANE DOE, NOTARY PUBLIC' personally appeared Victoria M. Campbell *********** NAME(S) OF SIGNER(S) ❑ personally known to me - M- to be the person(s) whose names" is/an subscribed to the within instrument and acknowledged to me that ate/she/RW executed the same in Wher/4F W authorized capacity(1M), and that byAts/her/ftixsignature 04 on the instrument the personloo, or the entity upon behalf of which the personal acted, executed the instrument. S any hand and official seal. i/I�1�191W%1a41F Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑INDIVIDUAL ❑CORPORATE OFFICER TITLE(S) ❑PARTNER(S) ❑LIMITED ❑GENERAL ❑x ATTORNEY-IN-FACT ❑TRUSTEE(S) ❑GUARDIAN/CONS ERVATOR ❑OTHER: DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE NAME OF PERSON(S) OR ENTITY(IES) CALIFORNIA ALL-PURPS ACKNOWLEDGMENT State of California County of On Orange • July 28, 1999 before me, Mary F. Hesse, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared Dennis NAME(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. MARY �F F. WIT SS COMM. #1190333 > my hand and official seal. w comm E11X r,y te, sooe 1G NATURE OF NOTARY OPTIONAL No. 5907 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED 11 GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT Sanitary Sewer Bond #SD00083368 TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 0 0 Bond No. SD00083368 Premium included in Performance bond SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE, SECTION 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and CALLE PERFECTO BUSINESS PARK, LLC A CALIFORNIA LIMITED LIABILITY COMPANY (hereinafter designated as "Principal'), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements which said Agreement, dated July 19 , 19 99_, and identified as Project Tentative Tract Map 15853 — Sanitary Sewer is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement; NOW, THEREFORE, we, the Principal and FRONTIER PACIFIC INSURANCE COMPANY as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of EIGHTY NINE THOUSAND AND NO/100ths--------------------------------------- Dollars ($ 89,000.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that, if the above bound Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees Iof2 The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the 27th day of July 19 99 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. NOTE: Please Attach Acknowledgement and Power of Attorney PRINCIPAL INESS PARK, LLC A LIMIT LIABILITY COMPANY BY: S, a California a BY: D is Gage, esident (NOTARIZATION AND SEAL) SURETY FRON IER PACIFIC INSURAD E COMPANY VICTORIA M AMPBELL, ATTORNEY -IA -FACT 2 of 2 (NOTARIZATION AND SEAL) State of County of Orange On J„7y 27- )qqq before me, Janina Monroe, Notary Public DATE NAME, TITLE OF OFFICER - E.G., 'JANE DOE. NOTARY PUBLIC personally appeared Victoria M. Campbell *********** NAME(S) OF SIGNER(S) 0 personally known to me - to be the person(s) whose nameM is/am subscribed to the within instrument and acknowledged to me that )be/she/tbW executed the same in Mher/ilex authorized capacity(M), and that bye/her/tf(uEl:imsig nature on the instrument the personoo, or the entity upon behalf of which the personR acted, executed the instrument. WITNE and official seal. Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑INDIVIDUAL ❑CORPORATE OFFICER TITLE(S) ❑PARTNER(S) ❑LIMITED ❑GENERAL ATTORNEY-IN-FACT ❑TRUSTEE(S) ❑GUARDIAN/CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPA ACKNOWLEDGMENT State of California County of Orange • On July 28, 1999 before me, Mary F. Hesse, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared Dennis Gage NAME(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. MARY— F. HE�SSE� WITN SS my hand and official seal. 'COMM. +/1190933 L\)1..:.. aawoecou+rr � �h Conrn E1� Juy +4 XM S NATURE OF NOTARY OPTIONAL No. 5907 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT Sanitary Sewer Bond #SD00083368 TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 ;ZRONTIER -_- INSURANCE COMPANY (a California Company) 6404 Wilshire Blvd., Suite 850, Los Angeles, California 90048-5510 POWER OF ATTORNEY Rnow Af(' Men %,q Q+ ryCSG (presents: That FRONTIER PACIFIC INSURANCE COMPANY, a California Corporation, having its principal office in La Jolla, California, pursuant to the following resolution, adopted by the Board of Directors of the Corporation on the 15th day of November, 1991. "RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attomeys-in- Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attomey-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof, said date to be not later than the date of delivery thereof by such Attomey-in-Fact" This Power of Attorney is signed and seated in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT. THOMAS G. MCCALL VICTORIA M. CAMPBELL K. R. VIODES JANINA MONROE Of Costa Mesa , in the state of California its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge and deliver in its behalf, and as its act and deed, without power of redelegation, as follows: Bonds guaranteeing the fidelity of persons holding places of public or private trust, guaranteeing the performance of contracts other than insurance policies; and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed; IN AN AMOUNT NOT TO EXCEED THREE MILLION FIVE HUNDRED THOUSAND ($3,500,000.00) DOLLARS; and to bind FRONTIER PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of FRONTIER PACIFIC INSURANCE COMPANY, and all the acts of said Attomey(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. N Witness W IjCTCO f FRONTIER PACIFIC INSURANCE COMPANY of Los Angeles, Califomia, has caused this Power of Attorney to be signed by its Vice President and its Corporate seal to be affixed this 29th day of March 19 96 - FRONTIER PACIFIC INSURANCE COMPANY 21 =0- •' DAVID E. CAMPBELL, Vice President STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) On March 29 1996 before me, N. Ortiz, Notary Public, personally appeared David E. Campbell, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal A 11 Signature YNotaryublic 1, the undersigned, Joseph P. Loughlin, Secretary of FRONTIER PACIFIC INSURANCE COMPANY, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of the Corporation this—1751 —7511 day of July '19 w�*1s= _ Joseph P. Loughlin, Secretary FM 19 -5D026 -FP (11/90) ��e•oP+� -t;- '., W -10393 -485 -5th f • CONTRACT BOND — CALIRNIA FAITHFUL PERFORMANCE — PUBLIC WORK Bond No. SD00083371 Initial premium charged for this bond is $ 100.00 subject to adjust- ment upon completion of contract at appli- cable rate on final contract price. KNOW ALL NEN BY THESE PRESENTS, that CALLE PERFECTO BUSINESS PARK LLC A CALIFORNIA LIMITER LIABILITY COMPANY of IRVINE, CA as Principal, and the FRONTIER PACIFIC INSURANCE COMPANY a corporation organized and existing under the laws of CALIFORNIA and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto the City of San Juan Capistrano, in the sum of TWO THOUSAND AND NO/100ths-------------------- Dollars ($ 2.000.00 ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, that WHEREAS, the above -bounded Principal has entered into a Contract dated July 19 , 19 99 with the City of San Juan Capistrano to do and perform the following work, to wit: Subdivision Monumentsfor TENTATIVE TRACT MAP 15853 NOW, THEREFORE, if the above -bounded Principal shall faithfully perform all the provisions of said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 27th day of July 19 99 CALBUSINESS PARK LLC A LIM IABILITY COMPANY BY: FERRAR , a California APPROVED AS TO FORM: City Attorney BY: FRONTIER PACIFIC INSURANCE COMP By VICTORIA M CAMPBELL, ATTORNE -IN-FACT NOTE: Acknowledgements of execution of Principal and Surety must be attached. State of County of On July Orange 27, 1999 before me, . Janina Monroe, Notary Public DATE NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC' personally appeared Victoria M. Campbell *********** NAME(S) OF SIGNER(S) 0 personally known to me - M- ❑ to be the person(s) whose name" is/mm subscribed to the within instrument and acknowledged to me that ibe/she/tftx executed the same in Wher/41: W authorized capacity(M), and that byttbs/her/ttolEtixsignature 00 on the instrument the personoo, or the entity upon behalf of which the person*) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑INDIVIDUAL ❑CORPORATE OFFICER TITLES) ❑PARTNER(S) ❑LIMITED ❑GENERAL DATTORNEY-IN-FACT ❑TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE NAME OF PERSON(S) OR ENTITY(IES) ;Z"NTIER a ftC_ =- C INSURANCE COMPANY (a California Company) 6404 Wilshire Blvd., Suite 850, Los Angeles, California 90048-5510 POWER OF ATTORNEY !RnOW oAff MCn VIjcSC (PrC5Cnt5: That FRONTIER PACIFIC INSURANCE COMPANY, a Califomia Corporation, having its principal office in La Jolla, California, pursuant to the following resolution, adopted by the Board of Directors of the Corporation on the 15th day of November, 1991. "RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attomeys-in- Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of Indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attomey-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof, said date to be not later than the date of delivery thereof by such Attomey-in-Fact." This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT: THOMAS G. McCALL VICTORIA M. CAMPBELL K. R. VIODES JANINA MONROE of Costa Mesa , in the State of Califomia its two and lawful Attomey(s)-in-Fact with full power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge and deliver in its behalf, and as its act and deed, without power of redelegation, as follows: Bonds guaranteeing the fidelity of persons holding places of public or private trust, guaranteeing the performance of contracts other than insurance policies; and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed; IN AN AMOUNT NOT TO EXCEED THREE MILLION FIVE HUNDRED THOUSAND ($3,500,000.00) DOLLARS; and to bind FRONTIER PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duty authorized officers of FRONTIER PACIFIC INSURANCE COMPANY, and all the acts of said Attomey(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. b'Witness W Ijerco f FRONTIER PACIFIC INSURANCE COMPANY of Los Angeles, California, has caused this Power of Attomey to be signed by its Vice President and its Corporate seal to be affixed this 29th day of March • 19 96 FRONTIER PACIFIC INSURANCE COMPANY . £W ,r DAVID E. CAMPBELL, Vice President STATE OF CALIFORNIA) ...................,..... COUNTY OF SAN DIEGO) On March 29, 1996 before me, N. Ortiz, Notary Public, personally appeared David E. Campbell, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal Signature of Notary Public ( \ I, the undersigned, Joseph P. Loughlin, Secretary of FRONTIER PACIFIC INSURANCE COMPANY, do hereby cerfity that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of the Corporation this 27th day of July t9 dy; NN V Joseph P. Loughlin, Secretary xi FM19-5002B-FP(115B);" -. W-10383-NH5-5M CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • State of California County of Orange On July 28, 1999 DATE personally appeared before me, Mary F. Hesse, Notary Public NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC- NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. COMM.:11F. E y WITNESS my hand and official seal. • NOTMYFL%C-CAAVNM < a_ OflArIQE �I`.( 18. ..._ �` come Fila -,w* ►r +a 20ae NATURE OF NOTARY OPTIONAL No. 5907 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER rITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT Public Work Bond SD00083371 TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 • CONTRACT BOND — CAL NIA FAITHFUL PERFORMANCE — PUBLIC WORK Bond No. SD00083371 Initial premium charged for this bond is $ 100.00 subject to adjust- ment upon completion of contract at appli- cable rate on final contract price. KNOW ?ALL MEN BY THESE PRESENTS, that CALLE PERFECTO BUSINESS PARK LLC A CALIFORNIA LIMITED LIABILITY COMPANY of IRVINE, CA as Principal, and the FRONTIER PACIFIC INSURANCE COMPANY a corporation organized and existing under the laws of CALIFORNIA and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto the City of San Juan Capistrano, in the sum of TWO THOUSAND AND NO(100ths-------------------- Dollars ($ 2.000.00 ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION 15 SUCH, that WHEREAS, the above -bounded Principal has entered into a Contract dated July 19 , 19 99 with the City of San Juan Capistrano to do and perform the following work, to wit: Subdivision monuments for TENTATIVE TRACT MAP 15853 NOW, THEREFORE, if the above -bounded Principal shall faithfully perform all the provisions of said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 27th day of July 19 99 CALLE PERFECTO BUSINESS PARK LLC A TED LIABILITY COMPANY President APPROVED AS TO FORM: City Attorney FRONT4EX P IFIC INSU NCEMPANY By l VICTORIA M CAMPBELL, ATTORNEY -IN -FA T NOTE: acknowledgements of execution of Principal and Surety must be attached. State of County of Orange On July 27, 1999 before me,. Janina Monroe, Notary Public DATE NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC' personally appeared Victoria M. Campbell *********** NAME(S) OF SIGNER(S) ❑ personally known to me - M- ❑ to be the person(s) whose nameN is/an subscribed to the within instrument and acknowledged to me that Abe/she/thW executed the same in Wher/tW authorized capacity(I'R), and that bytes/her/tk3dxsignature 04 on the instrument the personoo, or the entity upon behalf of which the person% acted, executed the instrument. hand and official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form, CAPACITY CLAIMED BY SIGNER ❑INDIVIDUAL ❑CORPORATE OFFICER TITLE(S) ❑PARTNER(S) ❑LIMITED ❑GENERAL DATTORNEY-IN-FACT ❑TRUSTEE(S) ❑GUARDIAN/CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPRE ACKNOWLEDGMENT • State of ralifnT in County of orange On July 28, 1999 before me, Mary F. Hesse, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC' personally appeared Dennis NAME(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. MARY F. HESSE I WITNESS my hand and official seal. COMM. #1190939 a 9 e CA tarMvllallC01JIMY W / ORAMOECOUIIrY Mb coin Fes. ,Ay It 20M G NATURE OF NOTARY OPTIONAL No. 5907 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT Public Work Bond #SD00083371 TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 YONTIER======= INSURANCE COMPANY (a Callfornia Company) 6404 Wilshire Blvd., Suite 850, Los Ang§les, California 90048-5510 POWER OF ATTORNEY Rnow Aff QFitn 93y V" ljtst (presents: That FRONTIER PACIFIC INSURANCE COMPANY, a Califomia Corporation, having its principal office in La Jolla, California, pursuant to the following resolution, adopted by the Board of Directors of the Corporation on the 15th day of November, 1991. 'RESOLVED, that the Chairman of the Board, the President, or any Yoe President be, and hereby is, authorized to appoint Attomeys-in- Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business; 'RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; 'RESOLVED, that any such Attomey-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof, said date to be not later than the date of delivery thereof by such Attomey-in-Fact.' This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT: THOMAS G. MCCALL VICTORIA M. CAMPBELL K. R. VIODES JANINA MONROE Of Costa Mesa , in the State of California its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge and deliver in its behalf, and as its act and deed, without power of redelegation, as follows: Bonds guaranteeing the fidelity of persons holding places of public or private trust, guaranteeing the performance of contracts other than insurance policies; and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed; IN AN AMOUNT NOT TO EXCEED THREE MILLION FIVE HUNDRED THOUSAND ($3,500,000.00) DOLLARS; and to bind FRONTIER PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of FRONTIER PACIFIC INSURANCE COMPANY, and all the acts of said Attomey(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. 311 'Witness (W(tP20 f FRONTIER PACIFIC INSURANCE COMPANY of Los Angeles, Califomia, has caused this Power of Attorney to be signed by its Vice President and its Corporate seal to be affixed this 29th day of March -19 96 FRONTIER PACIFIC INSURANCE COMPANY ....N -C. JVLmXp 9a BY: tx ` DAVID E. CAMPBELL, Vice President STATE OF CALIFORNIA) ��""""'�� COUNTY OF SAN DIEGO) On March 29 1996 before me, N. Ortiz, Notary Public, personally appeared David E. Campbell, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal N�CORIRNdt1►t M 11929Q2 s � Nafay Publlt: - Caffanlo s C D/ Sat DNW Carly 1 myCornrrt.i°OWA&Qi �2 Signature of Notary Public I, the undersigned, Joseph P. Loughlin, Secretary of FRONTIER PACIFIC INSURANCE COMPANY, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of the Corporation this 27th day of July .19 1°z r� -o: Joseph P. Loughlin, Secretary Oj FM 19-50028-FP(11M) i +� R"O"", -� W -10393 -495 -SM