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1987-0602_MARBELLA DEVELOPMENT_Subdivision Improvement Agreement • 87-565'979 EX`` z RECORDING REQUESTED BY AND RECORDING FEES EXEMPT DUE TO W'•IEN RECORDED RETURN TO: GOVERNMENT CODE SECTION 6103 City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Gz Gam_ MARY A� HANOV R, rty Clerk San Juan'Capistrano, California PROJECT: Tract 12954 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made pursuant to the provisions of Division 2 of Title 7 of the Government Code of the State of California, by and between the City of San Juan Capistrano, a Municipal Corporation, hereinafter called the "CITY" and Marbella Development Company, a California General 'Partnership, hereinafter called the "DEVELOPER", whose mailing address is: Marbella Development Company 33971 Selva Road, Suite 130 Laguna Niguel, California 92677 WITNESSETH : WHEREAS, the CITY has cunditionally approved Tentative Tract No. 12954 per Resolution No. 87-6-2-8; and WHEREAS, DEVELOPER desires to postpone the con1pletion of the public and/or private improvements up to 2 years after the CITYIs approval of the Final Map; and WHEREAS, in consideration of the CITY's approval of the request for postponement, DEVELOPER has agreed to provide such security as may be required by CITY to guarantee that all improvements for Tentative Tract No. 12954 will be installed in a timely manner. NOW, THEREFORE, in consideration of the premises and promises hereinafter contained CITY and DEVELOPER agree as follows: DEVELOPER shall, at its sole cost and expense, provide and furnish all labor, materials and equipment for the installation of improvements for Tract 12954 shown on the improvement Plans and Specifications approved by the CITY; all such plans and specifications are on file in the office of the City Engineer and are incorporated herein by reference. "Improvements" shall include the following: I. Traffic and Circulation Improvements RDED N OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA A. Rancho Viejo Road .40o pM OCT 7'87 I 1. Within Tract 12954 y/JntintiK/ gEGORDER 9/10/87 -t- . 87-565079 PROJECT Tract 12954 a. Dedications - All right of way (84' width except at intersections) necessary for the ultimate development of Rancho Viejo Road in accordance with the General Plan. b. Design - All improvements necessary for ultimate development per General Plan requirements for a secondary roadway shall be in accordance with Municipal Code Section 9-4.103. Improvements shall include all traffic signage, striping, markings, left turn pave- outs and other standard appurtenances. c. Construct - All improvements required for the ultimate development of the right-of-way to secondary standard. Development to secondary standard includes all traffic signage, striping, markings and other standard appurtenances. d. Financial Obligations - The DEVELOPER shall be responsible for 100% of all costs associated with "a", "b", and "c" above. 2. Outside of Tract 12954 Northerly a. Dedications - The City of San Juan Capistrano shall acquire any rights-of-way necessary for the construction of Rancho Viejo Road beyond the boundaries of Tract 12954. b. Design - All improvements necessary for ultimate development per General Plan requirements for a secondary roadway shall be in accordance with Municipal Code Section 9-4.103. Improvements shall include all traffic signage, striping, markings, left turn pave- outs and other standard appurtenances from the northerly tract boundary to Junipero Serra Road. c. Construct - All improvements ''required for the ultimate development of the right-of-way to secondary standard. Development to secondary standard includes all traffic signage, striping, markings and other standard appurtenances from the northerly tract boundary to Junipero Serra Road. d. Financial Obligations - The DEVELOPER shall be responsible for the design and construction of the improvements, and shall be entitled to reimbursement from the CITY for 67% of the design and construction cost of the improvements between the northerly tract boundary and Junipero Serra Road. Reimbursement will be from deferred fees and credits to the System Development Fee. The DEVELOPER and the CITY shall enter into a reimbursement agreement covering the terms and conditions for reimbursement on the improvement of Rancho Viejo Road (copy attached). e. Prior Construction - Should this section of Rancho Viejo Road be constructed by others prior to the construction activities of the DEVELOPER, the DEVELOPER will be required to pay 33% of the actual costs of the design and construction. In addition to the 33%, the DEVELOPER will be responsible for the credit extended at the approval of Final Map for the Trabuco Creek Bridge Improvement Fee ($114,196). This payment will be required within ten days following the call of the CITY. 9/10/87 -2- . 87-565079 PROJECT Tract 12954 B. Private Streets - The private streets shall be designed and constructed in accordance with Section 9-4.103 of the .'Municipal Code. C. Traffic Signals 1. Rancho Viejo Road and Street "A" a. Design - Prepare full plans and specifications for signal system, including interconnect system to the City Master Control System to the satisfaction of the City Engineer. b. Construct - Install the approved signal system at Rancho Viejo Road and Street "A" with a schedule to be approved by the City Engineer. c. Financial Obligations - The DEVELOPER shall be responsible for advancing the necessary funds for the design and installation of the signal system. 2. Rancho Viejo Road and Junipero Serra Road a. Financial Obligations - DEVELOPER shall be responsible for making a financial contribution equal to 19% of the design and construction costs of this improvement. This cost is $23,750. DEVELOPER's financial contribution shall be paid prior to approval of final map for Tract 12954. D. Trabuco Creek Bridge Improvements I. Financial Obligations - The DEVELOPER shaft be required to make a financial contribution to the future iMProvetaent of the bridge over Rancho Viejo Road at Trabuco Creek equal to 6.9% of the design and construction costs of the bridge and necessary roadway transitions. DEVELOPER's share is $114,196. DEVELOPER's contribution shall be deferred and the funds utilized for the improvement of Rancho Viejo Road. 11. Sanitation - The applicant shall construct a public sewer line to connect with the existing line located 'n Horno Creek Road within Tract 6381 (Stoneridge) to the existing line in Rancho Viejo Road in addition to the sanitary system necessary to serve all properties within the tract boundary. 111. Drainage - The applicant shall satisfy the following conditions regarding drainage: A. The applicant shall submit a final grading plan and hydrology calculations prepared by a registered civil engineer with submittal of street improvement plans and/or final map. The extent of topography of the grading plan shall be sufficient to determine drainage impacts to adjacent properties. B. The applicant shall furnish a storm run-off study showing exiting and proposed facilities and the method of draining the area of the subdivision and any tributary areas without exceeding the capacity of any on-site or off-site street. 9/10/87 -3- • 87-565019 • PROJECT Tract 12954 C. Drainage facilities shall be provided with necessary easements, where required. All facilities shall be designed in accordance with the Master Plan of Drainage and Municipal Code standards. D. Any connections to City storm drains from private on-site drains shall be approved by the City Engineer. A recorded license agreement is required for private storm drain connections to City facilities. E. Private on-site storm drains shall be maintained by the homeowners' association as provided in the CC&R's. IV. Geotechnical Studv - A geotechnical feasibility study shall be completed to determine the seismic safety and soils stability of all proposed grading and development within the project. The report shall be reviewed and approved by the City Engineer and the Building Official prior to approval of a final map. Development of all areas in the tract shall be subject to any remedial grading required by the Building Official as a result of the geotechnical study. V. Utilit Easements - All utility easements shall be identified as public utilities water, sewer, electrical, telephone, etc.) or storm drain. VI. Equestrian Trail A. Width of the equestrian trail easement shall be a minimum of 20 feet. B. Dedication, design, and construction of the equestrian trail shall be in accordance with Section 9-4.106 of the Municipal Code. Said standard improvements shall include restricted trail entries per the adopted Equestrian/Hiking Trail Design Manual at all street intersections. C. The following provisions shall be included within the CC&R's for the subdivision: 1. Provision for maintenance of all equestrian traits by the homeowners' association. 2. Provision requiring prior CITY approval of any amendment to the CC&R's that will, in any manner, affect the integrity of the equestrian trail system or its level of maintenance. 3, provision requiring that all tract maintenance conform to the "Maintenance Standards" as per the City's adopted "Equestrian/Hiking Trail Design Manual." 4. provision within the CC&R's that gives the CITY the right to assume maintenance of the equestrian trails if the CITY determines, after a duly noticed hearing, that the homeowners' association has not maintained the equestrian trail at the minimum standards per the adopted Equestrian/Hiking Trail Design Manual. Further, it the CITY assumes maintenance of the trail system, all costs, including administrative, shall become a lien on each residential lot within the subdivision. 9/10/87 -4- r_ 877565079 PROJECA Tract 12954 VII. Bikeway Improvements - The applicant shall dedicate and improve the grade separated General Plan Bikeway per Section 9-4.106 of the Municipal Code adjacent to Street "A". The DEVELOPER shall execute an agreement with the CITY for maintenance provisions prior to approval of Final Map. VIII. Street Lights - The applicant shall furnish and install High Pressure Sodium street lights with Mission Bell fixtures on marbelite poles per City standards on City streets. The applicant shall pay applicable advanced energy fees as required by the City Engineer. The applicant shall install a street light system on private streets in accordance with City Code Section 9.418. IX. Soils Subsidence Program - A mutually agreed upon soils subsidence consultant shall evaluate the geotechnical and grading program to determine the necessity for implementation of a soils subsidence Planning and Development. A report shall be submitted with recommendation to the City Council on whether a soils subsidence program should be prepared and implemented for the project. If it is determined that said program is required, the DEVELOPER shall implement a soils subsidence program for all residential lots. The soils subsidence program shall be submitted to and approved by the Director of Community Planning and Development prior to issuance of residential building permits excepting model home complexes. However, in no instance shall final certificates of Use and Occupancy be issued for the model homes until said program is executed. X. Arborcul tura list - The landscape plan shall be reviewed by an arborcultura list to evaluate the survival and rnaintenance of trees and shrubs upon maturity. A report shall be submitted to the Director of Community Planning and Development with findings and recommendations. The Director may use that report to modify the approved landscape plan. XI. Construction Access and Phasing - The DEVELOPER, prior to issuance of any permits, shall submit a haul route, construction access and phasing program to the Directors of Community Planning and DevelQpment and Public Works for review and approval. Said plan shall depict the extent of grading and public improvements which are to be constructed for each separate phase of development. Furthermore, the DEVELOPER shall provide and utilize a separate haul route and construction access road other than the Street "A" following the initial phases of construction. XII. Development Review of Future Plans - Subsequent site plans and other land use or zoning reviews will be required for the various components of this tentative tract pursuant to Municipal Code Section 9-2.305, Comprehensive Development Plan 86-4, and Council Policy No. 403. These reviews will include, but not be limited to, Site Plans for business park, and other non-residential uses, and all residential with a net density of 8 units per acre or more; and shalt be submitted to the Architectural Board of Review for recommendations to the Planning Commission (Section 5.2.5 of CDP 86-4). Furthermore, all residential development with a net density less than 8 units per acre is to be reviewed by the Planning Commission in accordance with Section 5.2.6 of CDP 86-4. Any modifications that result in substantial changes to the map shall require a public hearing and approval by the City Council. 9/10/87 -5- 87-565079 PROJECT Tract 12954 X111. Archaeological/Paleontological Resources - If previously unknown resources are discovered during construction, the CITY shall be immediately notified by the on-site archaeologist or paleontologist. Recovery operations shall be conducted in accordance with the City's adopted guidelines for recovery of said resources. XIV. Fees (All fees to be calculated based upon.standard rates at time of payment.) A. Fees paid prior to the approval of the final map: 1. Drainage - DEVELOPER to pay standard fee for total development. 2. Sewer - DEVELOPER to pay standard fee for 1987 allocation (20 units). 3. Plan Check and Inspection for Public Improvements 4. Parks and Recreation - Park Dedication in Lieu B. Deferred Fees 1. Sewer - DEVELOPER to pay standard fee on units as noted. 1988 Allocation 150 Units Due 12/1/87 1989 Allocation 130 Units Due 12/1/88 1990 Allocation 47 Units Due 12/1/89 2. Sewer-Commercial - Initial phase fee of $101,860 shall be due at issuance of building permits or December 1, 1987, whichever occurs first. 3. Agriculture fee shall be deferred and be due at the;issuance of building permits. • 4 ' 2. Should any of the fees not be paid on the appropriate due date, all deferred fees ,viil then be due and payable prior to the CITY processing or issuing any permits. C. Fees payable prior to the issuance of the building permits: 1. Agriculture Preservation - Pay Standard Fee 2. Transportation Corridor - Pay Standard Fee 3. Systems Development - Pay Standard Fee D. Fees payable to other agencies: 1. Water - Required water fees from Capistrano Valley District per payment plan approved by District. 2. School - DEVELOPER to pay standard fee. 9/10/87 -6- 87-565879 PROJE , Tract 12954 XV. Community Access - The applicant shall implement a program acceptable by the Planning Commission and City Council for limited automobile access whereby City of San Juan Capistrano residents may enter the project for viewing the golf course and Horno Creek. XVI. Emergency Access - The DEVELOPER shall design and construct an emergency access to Tract 11753 (Hunt Club Phase 11). Said design to be reviewed and approved by the City Engineer and the Orange County Fire Marshall. XVII. Lot B - Lot B, approximately 50 acres, which includes Helicopter Hill, shall be granted to the CITY as fulfillment of the Parks and Recreation Fee requirement. In addition, the DEVELOPER will prepare and execute easement documents for a forty foot (409 easement from Rancho Viejo Road to Lot B to the satisfaction of the City Engineer. In addition, the DEVELOPER will grade the access road and provide utilities to the plateau area of Lot B to the approval of the City Engineer. The CITY will grant use of the existing water tower by a license agreement to provide the DEVELOPER the ability to use and maintain said facility. CITY agrees that the DEVELOPER shall have the right to review plans for the use or development of Lot B. CITY agrees to use Lot B for compatible Park and Recreation and/or open space uses consistent with Municipal and State law. XVIII. Fire Station - The DEVELOPER shall grant to the CITY Lot 211 in fee simple for public institutional purposes without consideration. XIX. Minimum Maintenance of Golf Course - The DEVELOPER shall enter into either an agreement, or include in the CC&R's, standards for maintenance of the golf course and support buildings in a healthy and safe appearance consistent with plans and documents to be approved by the CITY. Any modifications to said agreement will require review and approval by the City Council. XX. Sureties , A. DEVELOPER shall provide the following surety, all of which shall meet the requirements of Chapter 5, Division 2, Title 7 of the Government Code: 1. A faithful performance surety in an amount equal to the total estimated cost of the off-site improvements which will not be dedicated to the CITY but will be inspected by City personnel. 2. A faithful performance surety equal to the total estimated cost of work and improvements to be dedicated to the CITY. 3. A labor and materials surety equal to the total estimated cost of work and improvements to be dedicated to the CITY securing payment to the contractor, any subcontractors and persons providing equipment, labor and/or materials for and/or account of such improvements. 4. A Faithful Performance - Public Work Surety equal to 100% of the monumentation costs. 9/10/87 -7- 87-565679 PRO 'T Tract 12954 B. The surety bonds shall provide that CITY, as beneficiary, shall be entitled to attorney's fees in the event that CITY is required to bring legal action to enforce the terms of the surety. XXI. Alterations A. The City Engineer of the City of San Juan Capistrano may make such changes, alterations or additions to the plans and specifications for said work and improvements which do not exceed ten percent (10%) of the total estimated cost as may be determined necessary and desirable by him for # the total estimated cost as may be determined necessary and desirable by him for the proper completion of said work and improvement or as required for the safety and welfare of the public and no such changes, alterations or additions shall relieve the DEVELOPER from the faithful performance of this agreement. XXII. Completion Date A. DEVELOPER agrees to complete all of said work and improvements and to pay all costs specified herein within a period of 2 years from the date of this agreement. If additional time is needed, an extension may be granted by the City Engineer on the showing of good cause. Any such extension shall, however, be subject to all of the terms and conditions of this agreement, and any surety or other security shall continue in full force until the work and improvement has been accepted by the CITY. B. DEVELOPER agrees that CITY may, without any notice, and at its sole option, at any time after the time for completion has passed, complete, or cause to be completed, all or any part of the said work, and DEVELOPER shall pay to said CITY, upon demand, all of the costs of any of said work done by the CITY, its agents and contractors, or any of them, to complete all or any part of said work. Subdivider hereby consents to entry on the subdivision property by the CITY and its forces including contractors in the event the CITY proceeds to complete and/or maintain the work. XXIII. Liability/Insurance A. In the event any action is brought to enforce or interpret the obligations of this instrument, the prevailing party shall be entitled to court costs and reasonable attorney fees. B. CITY, its officers and employees, except for their own acts shall not be liable or responsible for any accident, loss or damage happening or occurring to the improvements specified in this agreement prior to the completion and acceptance of said improvements by the CITY. C. DEVELOPER shall perform all work in a safe workmanlike manner and shall take such precautions as may be necessary to warn and protect the public from any dangerous condition caused by the construction of said improvements. 9/10/87 -8- 87�565C79 .. PROJE• Tract 12954 D. DEVELOPER shall hold CITY, its officers and employees harmless from any and all claims, demands, causes of action, liability or loss of any sort because of, or arising out of, the acts or omissions of the DEVELOPER, his contractor, sub-contractors, agents or employees in the performance of this agreement. E. DEVELOPER shall maintain liability insurance in the amount of $1,000,000 combined single limit at all times during the life of this agreement, naming the CITY as a co-insured. XXIV. Guarantee and Warrantv of Work - DEVELOPER guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one year from and after the CITY's acceptance of the work as completed in accordance with the Municipal Code. DEVELOPER agrees to correct, repair or replace at his expense any defects in said work. XXV. No Waiver by City - Inspection of the work and/or materials, or approval of work and or materials, or statement by any officer, agent or employee of the CITY indicating that the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of the said work and/or materials, or payments therefor, or any combination of all of these acts, shall not relieve the DEVELOPER of his obligation to fulfill this Agreement as prescribed; nor shall the CITY be thereby stopped from bringing any action for damages arising from failure to comply with any of the terms and conditions hereof. XXVI. No Assignments - DEVELOPER may not assign this Agreement to any third party without the consent of the CITY to such assignment. CITY agrees, in consideration of the promises herein made by DEVELOPER, to permit the DEVELOPER to postpone the installation of improvements for Tract 12954 until September 15, 1989. IN WITNESS WHEREOF, the parties have executed this agreement as of September 15 , 1987 Date CITY OF SAN JUAN CAPISTRANO ANTHONY L AND, MAYOR ATTEST: DEVE ER ANS.�6.tr ARY NN VE TY CLERK a Cv1.Rc.4v cq.vtl Cloro�y R1�r,4',e rRRBcKa dav�co�vs'r dwvAa++v APPR ED S TO FO M: BY Jon Brown, President The Fairway Land Company Partner Marbella Development Company JOHN R. SHAW, C ATTORNEY 9/10/87 -9- 87-565079 PARTNERSHIP ACKNOWLEDGMENT NO.203 State of California On this the 11th day of September 19-L7—,before me, SS. County of _Orange Alice M. Stump the undersigned Notary Public,personally appeared Jon T. Brown XX personally known to me oFFM SEAL ❑ proved to me on the basis of satisfactory evidence ALICE M.STUMP to be the person(s)who executed the within instrument on behalf of the Notary Public CCNirania II ONl11piE(AUNTY partnership,and acknowledged to me that the partnership executed it. My ComminkiN Exp.5/17/91 WITNES handa dofficial eal. Not y's Signature 7130 122 NATIONAL NOTARY ASSOCIATION•23012 Venture Blvd.•P.O.Box 4625•Woodland Hills,CA 91364 ATE ACKNOWLEDGMENT NO.202 State of California Onthisthe 15thdayof :ea:red ber 198� , beforeme, SS. Cheryl A. Johnso • County of Orange , the undersigned Notary Pubonally appeared Anthony L. Bland ay Ann Hanover ` ® personally known to me - OFFICIAL SEAL i ❑ proved tome on the basiisfactory evidenceCHE7y' A JOHNSON to be the person(s)who exece within instrumen icipalNOTARY PUBLIC - CALIFORNIA Mayor and City Clep;A,yC.- C-- ., r on befnhun%ihnpgaflorporation therein My comm. ex;JreS NUy 11, 1989 named,and acknowledged tat the corporation executed it. WITNESS my hand and offic6�,e, �s-rte Notary's Sig natifte 1120122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O.Boz 4625 • Woodland Hills CA 91365-4625 AGENDA ITEM September 15, 1992 TO: Stephen B. Julian, City Manager FROM: William M. Huber, Director of Engineering be Building SUBJECT: Approval of Resolution: Acceptance of Public Street Improvements (Rancho Viejo Road at Golf Club Drive), Release of Bond, Notice of Completion; Tract 12954 (Marbella) RECOMMENDATION By motion, adopt the Resolution that: 1. Accepts the public street improvements to Rancho Viejo Road at Golf Club Drive; 2. Authorizes the release of the $205,000 Labor and Materials Bond and Performance Bond 35 days after recording the Notice of Completion; 3. Authorizes the City Clerk to file a Notice of Completion with the Orange County Recorder. SITUATION A. Summary and Recommendation Fairway Properties has requested release of their improvement bond. Said bond was to insure construction of a left-turn lane and traffic signal at the intersection of Rancho Viejo Road and Golf Club Drive. This work has been inspected by City staff and recommended for acceptance. B. Background In 1987 the City entered into a Subdivision Improvement Agreement with Marbella Development Company. Marbella had requested approval of Final Tract Map 12954, creating the Marbella Golf and Country Club and adjacent home sites. The agreement included installation of a left-turn lane and traffic signal at the intersection of Rancho Viejo Road and Golf Club Drive. Marbella Development supplied the City with a Labor and Materials Bond and a Performance Bond, both in the amount of $205,000, the estimated cost of the subject improvements. The Labor and Materials Bond and Performance Bond may be released 35 days after the filing of a Notice of Completion. COMMISSION/BOARD REVIEW, RECOMMENDATIONS The subject improvements were reviewed and approved by the Traffic and Transportation Commission prior to approval of Final Tract Map 12954. FOR CITY COUNCIL AGE6r / / AGENDA ITEM • • September 15, 1992 Page 2 FINANCIAL CONSIDERATIONS There is no cost to the City by this action. NOTIFICATION Michael Knapp, Fairway Properties (formerly Marbella Development Co.) Marbella Homeowners Association ALTERNATE ACTIONS 1. Adopt the Resolution. 2. Do not adopt the Resolution. 3. Request additional information from staff. RECOMMENDATION By motion, adopt the Resolution that: 1. Accepts the public street improvements to Rancho Viejo Road at Golf Club Drive; 2. Authorizes the release of the $205,000 Labor and Materials Bond and Performance Bond 35 days after recording the Notice of Completion; 3. Authorizes the City Clerk to file a Notice of Completion with the Orange County Recorder. Respectfully submitted, 4 v William M. Huber, P.E. WMH/RAF:cl Attachments: Resolution Notice of Completion Location Map RESOLUTION NO. 92-9-15-3 ACCEPTANCE OF PUBLIC STREET IMPROVEMENTS AND TRAFFIC SIGNAL AT RANCHO VIEJO ROAD AND GOLF CLUB DRIVE AND RELEASE OF SURETY - TRACT 12954 MARBELLA DEVELOPMENT COMPANY FAIRWAY PROPERTIES COMPANY A RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE INSTALLATION OF PUBLIC STREET IMPROVEMENTS AND TRAFFIC SIGNAL AT RANCHO VIEJO ROAD AND GOLF CLUB DRIVE AND RELEASE OF SURETIES - TRACT 12954 (MARBELLA DEVELOPMENT COMPANY/FAIRWAY PROPERTIES COMPANY) WHEREAS, on the 15th day of September, 1987, the City of San Juan Capistrano entered into a Subdivision Improvement Agreement with Marbella Development Company (now known as Fairway Properties Company) 27462 Calle Arroyo Suite A, San Juan Capistrano, CA 92675, which, among other requirements, included installation of a left-turn lane and traffic signal at the intersection of Rancho Viejo Road and Golf Club Drive; and, WHEREAS, the Director of Engineering and Building has found the public improvements to be in compliance with the plans and specifications for Tract 12954 and therefore, recommends exoneration of the following sureties 35 days after filing Notice of Completion: Bond No. Description Amount NA 100645 Public Street/Labor and Material $205,000 NA 100645 Public Street/Performance $205,000 NOW, THEREFORE, the City Council of the City of San Juan Capistrano, does resolve as follows: SECTION 1. That the work required to be performed by said Developer has been completed. SECTION 2. That the work is hereby accepted and approved. SECTION 3. That the sureties, as outlined above, may be released 35 days after recording the Notice of Completion. -1- Aft IJ MEMBERS OF THE CITY COUNCIL KENNETH E FRIESS JERRY HARRIS �{b mmuoum GARY L HAUSOORFER q [nnusllfI96I GIL JONES 1776 JEFF VASQUEZ CITY MANAGER � STEPHEN B JULIAN September 23, 1992 Mr. Michael Knapp Fairway Properties 27462 Calle Arroyo San Juan Capistrano, California 92675 Re: Acceptance of Public Street Improvements and Release of Bonds - Tract 12954 Dear Mr. Knapp: The City Council of the City of San Juan Capistrano at its regular meeting held September 15, 1992, adopted Resolution No. 92-9-15-3, accepting the work completed for the construction of public street improvements on Rancho Viejo Road at Golf Club Drive. A copy of Resolution No. 92-9-15-3 is enclosed for your information. The Faithful Performance Bond and the Labor and Material Bond No. NA 100645, in the amount of $205,000, will be exonerated upon the expiration of 35 days from recording of the Notice of Completion. The Notice was recorded on September 18, 1992; therefore, the bonds may be released on October 23, 1992. Thank you for your cooperation. Very truly yours, OL-6�9"0w Cheryl Johnson City Clerk Enclosure cc: Marbella Property Owners Association Director of Engineering and Building Tony Foster 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493.1171 a«a, w Ji MEMBERS OF THE CITY COUNCIL KENNETH E FRIESS JERRY HARRIS MORI msoPm PPnP GARY L HAUSOORFER GIL JONES a 19PI,rtP10 1961 JEFF VASQUEZ 1776 /+ CITY MANAGER STEPHEN B JULIAN September 17, 1992 Recorder's Office County of Orange P. O. Box 238 Santa Ana, California 92702 Re: Notice of Completion - Public Street Improvements (Tract 12954) Gentlemen: The following document is enclosed for recordation: Notice of Coimpletion of Public Street Improvements and Traffic Signal - Tract 1[954 (Marbella%Fairway Properties) 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, Cherylt o on ' City Clerk SEP 1 8 1992 1-- Enclosure Document Number J v Date C" W } O lu Cn r W N 1 t.J 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 9 (714) 493-1171 `l T CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: Director of Public Works FROM: City Clerk DATE: August 1, 1990 SITUATION: At a regular meeting of the City Council on September 15, 1987, the City entered into a Subdivision Improvement Agreement with the Marbella Development CompaiW,(Tract 12954). "The Agreement states said work and improvements shall be completed within a period of two (2) years from date of the Agreement. Agreement expires on September 15, 1989. On August 1, 1989, agreement was extended to September 15, 1990. ACTION REQUESTED: The Agreement states that an extension of time may be granted by the City Engineer on the showing of good cause. Please advise this office of the status of this Agreement. ACTION TO BE TAKEN: Ufl 7�O DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: Z 0 ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 8/1/89 8/1/90 Deadline Date: 9/15/89 9/15/90 cc: City Attorney Assistant City Manager (Subdivision 600.30/MarbellaI) • CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: Director of Public Works FROM: City Clerk DATE: August 1, 1989 SITUATION: At a regular meeting of the City Council on September 15, 1987, the City entered into a Subdivision Improvement Agreement with the Marbella Development Company (Tract 12954). The Agreement states said work and improvements shall be completed within a period of two (2) years from date of the Agreement. Agreement expires on September 15, 1989. ACTION REQUESTED: The Agreement states that an extension of time may be granted by the City Engineer on the showing of good cause. Please advise this office of the status of this Agreement. ACTION TO BE TAKEN: • DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFQFIICIAAL TAKING ACTION: DATE SIGNED: U ✓ " (� ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 8/1/89 Deadline Date: 9/15/89 2 3 cc: City Attorney '�^ RFC �/Ir Assistant City Manager AUS 0 1 1989 (Subdivision 600.30/Marbella) SAN UACM OF IJCA 7R �°j • (000. 3 0 SATE /VY)CERTFICA OF INSURANCE PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS P G r FICID 111GHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, KELTER-THORNER, INC. OF CA, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 2342 EL CAMINO REAL REDWOOD CITY, CA 94063 n5 l COMPANIES AFFORDING COVERAGE (415) 369.1033 FAX (415) 369-7810 - l} ElMlKr A INSURANCE COMPANY OF NORTH AMERICA ;146fT� CODE SUB-GOOF 11 JIIAti -. COMPANY B THE INSURANCE COMPANY OF THE STATE OF PA INSURED LETTER MARBELLA GOLF AND COUNTRY CLUB AND COMPANY MARBELLA DEIELOPMENT COMPANY, ET AL LETTER C 30800 Golf Club Drive COMPANY LETTER D San Juan Capistrano, CA 92675 COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS TR DATE IMM/DDNY) DATE(MM/DDNY) GENERAL LIABILITY GENERAL AGGREGATE $ 2,000, A X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOPS AGGREGATE $ 2,000, CLAIMS MADE x OCCUR. D21116385 9-20-90 9-20-91 PERSONAL 8 ADVERTISING INJURY $ 11000, OWNER'S 8 CONTRACTOR'S PROT. EACH OCCURRENCE $ 1,000, FIRE DAMAGE(Any one lira) $ 50, MEDICAL EXPENSE(Any one person) $ 5 AUTOMOBILE LIABILITY COMBINED SINGLE $ ANY AUTO LIMIT ALL OWNED AUTOS BODILY NJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY NJURY $ NON OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH AGGREGATE OCCURRENCE ,B X Umbrella 4790-5972 9-20-90 9-20-91 $10,000, $ 10,000, OTHER THAN UMBRELLA FORM STATUTORY WORKER'S COMPENSATION $ IEACH ACCIDENT) AND $ IDISEASE—POLICY LIMIT) EMPLOYERS'LIABILITY $ (DISEASE—EACH EMPLOYEE OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/RESTRICTIONS/SPECIAL ITEMS See attached liability endorsement CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF SAN JUAN CAPISTRANO EXPIRATIOAI DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 32400 Paseo Adelanto MAIL_DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE San Juan Capistrano, CA 92675 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. Attn: City Clerk's Office AUT ED RE PRESENTATIVE��� /�ACORD 25-S(3/88) mACORD CORPORATION 1 OCT OZ '30 12:24 THE FAIRWAY '_!SND CO. P.3/4 • LIABILITY ENDORSEMEf9 CITY OF SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY 32400 Paseo Adelanto San Juan Capistrano. California 92675 ATTN: CITY CLERK'S OFFICE A. POLICY INFORMATION Endorsement # 1. Insurance Company ins. Co. of No. America Policy Number D21116385 2. Policy Term (From) 9-20-90 0 9-20-91 ;Endorsement Effective Date 9-20-90 3. Named insured MARBELLA GOLF AND COUNTRY CLUB ET AL 4. Address of Named Insured 30800 Golf Club Dr. San Juan Ca istran0 CA 92675 5. Limit of Liability Any One Occurrence ggregat; 1,000,000 2,000,000 General Liability Aggregate (check one:) Applies"per location/project" Is twice the occurrence limit x 6. Deductible or Self-Insured Retention (Nil unless otherwise specified): $ NIL 7. Coverage is equivalent to: X Comprehensive General Liability form GL0002 (Ed 1/73) Commercial General Liability "claims-made" form CG0002 8. Bodily Injury and Property Damage Coverage ist "claims-made" "occurrence" If If claims-made, the retroactive date is N/A B. POLICY AMENDMENTS This endorsement Is issued In consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as followsc 1. INSURED. The City and the Community Redevelopment Agency, its elected or appointed officers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased or used by the Named insured. 2. CONTRIBUTION NOT REQUIRED. As respects% (a) work performed by the Named Insured for or on behalf of the City; or (b) products sold by the Named Insured to the City; or (c) premises leased by the Named Insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its elected or appointed officers, officials, employees or volunteers; or stand in an unbroken chain of coverage excess of the Named Insured's scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its elected or appointed officers, officials, employees or volunteers shall be in excess of this Insurance and shall not contribute with it. (OVER) AMKUn IL" UrIGR _yo . IV- YM, liYGYUGYJO > Y • ^ Y OCT 02 '90 12:25 THE IRWAY LAND CO. P.4i4 3. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad.as; - xa (1) Insurance Services Office form number GL 0002 (Ed. 1/73), Comprehensive Genera Liability Insurance and Insurance Services Of Tice form number GL 0404 Broad ForT comprehensive General Liability endorsement; or (2) Insurance Services Office Commercial General Liability Coverage, "occurrence' form CG 0001 or "claims-made" form CG 0002; or (3) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding sections (1) and (2). 4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately tt each insured who is seeking coverage or against whom a claim is made or a suit is brought except with respect to the Company's limit of liability. 3. PROVLVPM REGARDING THE INSUREDS DUTIES AFTER ACCIDENT OR LOSS. An) failure to comply with reporting provisions of the policy shall not affect coverage provides to the City and the Community Redevelopment Agency, its elected or appointed officers, Of flcials, employees or volunteers. 6. CANCELLATION NOTICE. The insurance afforded by this policy shat! not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior writter notice by certified mail return receipt requested has been given to the City. Such notice shall be addressed as shown in the heading of this endorsement. C. INCIDENT AND CLAIM REPORTING PROCEDURE Incidents and claims are to be reported to the insurer at: ATM CLAIM DEPARTMENT (Title) (Department) KELTER-THORNER INC. OF CALIFORNIA (Company) 2342 E1 Camino Real (Street Address Redwood City, CA 94063 (City) tate (Zip Code 415) 369-1033 (Telephone) D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, John B. Washburn (print/type name), warrant that I have authority to bind the below listed insurance company and by my sign ture hereon dooCsooJbind this company. SI A R AUTO RI���- (original sIg t re required on endorsement furnished to the City) Kelter-Thorne nc. of California Executive Vice President ORG4NIZATICN: TITLE: ACCMS_i 2342 E1 Camino Real, Redwood City, CA TELEp�t : ( 415) 369-1033 MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. BUCHHEIM 'om'wul KENNETH E. FRIESS IfRlHIi1x10 1961 GARY L. HAUSOORFER koliEd1776 PHILLIP R. SCHWARTZE 0� • CITU MANAGER � STEPHEN B JULIAN September 26, 1990 Marbella Golf & Country Club c/o The Fairway Land Company 33971 Selva Road Laguna Niguel, California 92677 Re: Renewal of General Liability Certificate of Insurance (Subdivision Improvement Agreement Reimbursement Agreement Tract 12954 Gentlemen: The General Liability Certificate of Insurance, regarding the above-referenced project, expired on September 20, 1990. 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. One is included for your convenience. Please forward an updated certificate and the endorsement form to the City, attention City Clerk's Office, by October 10, 1990. If you have any questions, please contact me at (714) 493-1171 extension 244. Thank you for your cooperation. Very truly yours J , Dawn M. Schanderl Records Coordinator cc: Ray Wellington, Director of Engineering & Building Services Cheryl Johnson, City Clerk 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493.1171 E LATE MM;CD/Y'l` 3-5-90 f FODUCER THIS CERTIFICATE H ISSUED IC A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE AFF OED.D BY THE POLICIES DOES NOT AMEND. R t•,-1 E EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POlIC1ES BELOW. T r�hPicR INC. OF, CA. 2342 EL CAMINO REAL 145P -7 -)y EAR COMPANIES AFFORDING COVERAGE REDWOOD CITY, CA W063 TEL: (415) 369-103$ t ri r COTMTERNv AST. PAUL FIRE AND MARINE INS. CO. �;;=PARTM INSURED N CAF, 1 w MERNY BFIREMAN'S FUND M. CO. MARBELLA GOLF AND COUNTRY CLUB, ET AL COMPANY A O C/O THE FAIRWAY LAND COMPANY LETTER V 33971 SELVA ROAD COMPANY D LAGUNA NIGUEL, CA 92677 LETTER COMPANY E LETTER THIS IS TO CERTIFY THAT 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 CONDI- TIONS OF SUCH POLICIES. CO TYPE OF INSURANCE POLICY NUMBER 'OUCY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS LTR DATE IMMIDD,,`Y) DATE(MM/ODM') GENERAL LIABILITY GENERAL AGGREGATE $2,OO A X COMMERCIAL GENERAL LIABILITY CK09400588 9-20-89 9-20-90 PRODUCTS-COMPIOPS AGGREGATE $2,000. CLAIMS MADE OCCURRENCE PERSONAL B ADVERTISING INJURY $I,OOO OWNER'S&CONTRACTORS PROTECTIVE EACH OCCURRENCE $I,O00. FIRE DAMAGE(ANY ONE FIREI $ 50, MEDICAL EXPENSE(ANY ONE PERSON) 5. AUTOMOBILE LIABILITY CSL ANY AUTO $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (PER PERSON) $ HIRED AUTOS OWLY II�NNpEJEURY NON-OWNED AUTOS 0,0ENT1 $ GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH AGGREGATE CCGUPRENCE B UMBRELLA XOK2091491 9-20-89 9-20-90 $ 5,000. $ 5,000. OTHER THAN UMBRELLA FORM STATUTORY WORKERS'COMPENSATION $ )EACH ACCIDENT) AND $ (DISEASE POLICY LIMIT) EMPLOYERS'LIABILITY $ (OISEASFEACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS SEE ATTACHED LIABILITY ENDORSEMENT • • CITY OF SAN JUAN CAP ISTRANO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- 32400 PASEO ADELANTO PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO SAN JUAN CAPISTRANO, CA 92675 MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ATTN: CITY CLERK'S DEPARTMENT LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REP SENTATIVE 2 �� KJ•K+C7 LI UMMY ENDORSEMENT CRY OF SAN JUAN CAPISTIO \ COMMUNRY REDEVELOPMENT AGENCY 32400 Paseo Addannto San Juan Capistrano, California 92675 ATTN: A. POLICY 24lORAM DON Endorsement B 1. Insurance Company ST. PAUL F & M INS. Policy Number CK09400588 2. Policy Term (From)1-20-890 9-20-90 ;Endorsement Effective ate - - 3. Named Insured MARBELLA GOLF AND COUNTRY CLUB, ET AL 4. Address of Named Insured C O FAIRWAY LAND CO. , 33971 SELVA RD. , LAGUNAN U L, CA 3. Limit of Liability Any One ccurrence ggregate 1,000,000. General Liability Aggregate (check one:) Applies"per location/pro ject" Is twice the crcnrrence limit X 6. Deductible or Self-Insured Retention(Nil unless otherwise specified: $ NIL 7. Coverage is equivalent tot Comprehensive General Liability form GL0002 (Ed 1/73) x Commercial General Liability "claims-made" form CG0002 8. Bodily Injury and Property Damage Coverage ist "claims-made" X "occurrence" If claims-made, the retroactive date is N/A IL POLICY AMENDMENTS This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the -policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows 1. INSURED. The City and the Community Redevelopment Agency, its elected or appointed officers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from, (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased or used by the Named Insured. 2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the Named Insured for or on behalf of the City; or (b) products sold by the Named Insured to the City; or (c) premises leased by the Named Insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its elected or appointed officers, officials, employees or volunteers; or stand in an unbroken chain of coverage excess of the Named Insureds scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its elected or appointed officers, officials, employees or volunteers shall be in excess of this insurance and shall not contribute with it. (OVER) 3. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as: (i) Insurance Services Office form number GL 0002 (Ed. 1/73), Comprehensive General Liability Insurance and Insurance Services Of fice form number GL 0404 Broad Form comprehensive General Liability endorsement; or (2) Insurance Services Office Commercial General Liability Coverage, "occurrence" form CG 0001 or "claims-made' form CG 0002; or (3) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding sections (t) and (2). 4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to _ each insured who is seeking coverage or against whom a claim is made or a suit is broughtt except with respect to the Company's limit of liability. S. PROVISIONS REGARDING THE INSUREDS DUTIES AFTER ACCIDENT OR LOSS. Any failure to aomply-xith reporting provisions of th! pftlir`y shall not affect coverage provided to the City and the Community Redevelopment Agency, Its elected or appointed officers, officials, employees or volunteers. 6. CANCELLATION NOTICE. The Insurance afforded by this policy shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30)days' prior written notice by certified mail return receipt requested has been given to the City. Such notice shall be addressed as shown in the heading of this endorsement. C. INCIDENT AND CLAIM REPORTING PROCEDURE Incidents and claims are to be reported to the insurer ati ATMs CLAIM DEPARTMENT �fitle (Department) KELTER-THORNER INC. OF CALIFORNIA ompany treet dyes REDWOOD CITY, CA 94063 ty State :p Code 4 ) 369-1033 (Telephone) D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, JOHN B. WASHBURN (print/type name), warrant that I have authority to bind the below listed insurance company and by my signature hereon do so bindthiscompany. SIGNAT E OF AUTHORIZED REPRESENTATIVE (original signet r' required on endorsement furnished to the City) CIiGMIZATICN: KELTER-THORNER, NC. OF CALIFORNIA T11LE: EXECUTIVE VICE PRESIDENT AMIESS: 2342 FT. r.AM No RFAT._ uFnwnnn r.TTv_ CA TEJ.EPFKNE: ( 41d 3Fo_inzz 94063 A �r MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. BUCHHEIM KENNETH E. FRIESS Ynnunnl 1161 GARY L. HAUSDORFER II7E 'HILL IP R. SCHWARTZE B�• CITY MANAGER F STEPHEN B JULIAN February 20, 1990 The Fairway Land Company DBA: Marbella Golf be Country Club 33971 Selva Road, Suite 120 Laguna Niguel, California 92677 Re: Renewal of General Liabilit Certificate of Insurance Reimbursement Agreement Gentlemen: The General Liability Certificate of Insurance, regarding the above-referenced project, expired on January 1, 1990. 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 an updated certificate and the endorsement form to the City, attention City Clerk's Department, by March 6, 1990. If you have any questions, please contact me at (714) 493-1171 extension 244. Thank you for your cooperation. Very truly yours, Dawn M. Schanderl Records Coordinator Attachment cc: Director of Public Works i 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 499-1171 CCOIISSUE DATE(M'VDD/VY) ® 71__ 7-13-88 PR, IDUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON 1 HE CERTIFICATIE HOLDER.THIS CERTIFICATE DOES NOT AMEND, ANDERSON & ANDERSON INSURANCE EXTEND OR ALTEP THE COVERAGEAFFORDED BY THE POLICIES BELOW. BROKERS, INC. - - 2'195 Campus Drive COMPANIES AFFORDING COVERAGE Irvine, CA 92715 COMPANY A Scottsdale Insurance Co. ("14)476-4300 LEITECOMPR INS IRED LE-TER B THE FAIRWAY LAND COMPANY - COMPANY nypy •TM m LEITER C D?A: bel.l.a Golf and Country Club — 33971 Selva Road, Suite 120 COVIPR Y D 4y m N t Laguna Niguel, CA 92677 COMPANY G LEITER !HIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE:BEEN ISSUEDTO THE INSURED NAMED ABOVE FON THE POLICY PERIOD INDICATED. I OTMIRHSTANDING ANY REOUIREMEN f,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 1';E ISSUED OR MAY PERTAIN,THE INS PRANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI- 1 IONS OF SUCH POLICIES. CO rypE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY E%PRATIDN LIABILITY LIMITS IN THOUSANDS LTR DATE(MMC4M) DATE(MMND/Yq EACH AGGREGATE _ OCCURRENCE 3ENERAL LIABILITY BODILY A X COMPREHENSIVE FORM GLS 184961 6-12-88 6-12-89 INJURY $ $ X PREMISES/OPERATIONS PROPERTY UNDERGROUND DAMAGE $ $ EXPLOSION&COLLAPSE HAZARD X PRODUCTS/COMPLETED OPERATIONS X CONTRACTUAL SI&PD COMBINED $ 1,000, $1,000, X INDEPENDENT CONTRACTORS 1;1 BROAD FORM PROPERTY DAMAGE X PERSONAL INJURY PERSONAL INJURY $1,000, X_ I BROAD FORM CRT. _ ,AUTOMOBILE LIABILITY my " LALLOWNED (PER PEM) $ AUTOS(PRIV. PASS.) BODRv OTHER THAN ICY .;fi a ' AUTOS PRM. PASS. PERAOCIDE" $S PROPERTY AUTOS DAMAGEBILITY 3A. BI s PD COMBINED $ EXCESS LIABILITY AX. UMBRELLA FORM UMB 050313 6-28-88 6-12-89 COMBNED $ 4,000, $4,000, OTHER THAN UMBRELLA FORM WORKERS'COMPENSATION STATUTORY •"''� „c a AND $ (EACH ACCIDENT) EMPLOYERS' LIABILITY s�v ; $ (DISEASE-POLICY LIMIT) _ u; i $ (DISEASE-EACH EMPLOYEE) OTHER X01. 714*1 DESCRIPTION OF OPERATIONS/LOCATION&VEHICLESISPECIAL ITEMS It is hereby understood and agreed that the Certificate Holder is named as Additional Insured, but only as respects work performed by the Named Insured. CITY OF SAN JUAN CAPISTRANO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 32400 Paseo Adelanto MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE San Juan Capistrano CA 92675 LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY P , OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTH Attn: Dawn Schandel RIZED REPRESENTATIVE C C©ff 3SUE DATE(Mnl/DD" 9j14/87 REISSU PRI IDUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON I HE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, MICHAEL J. SCANLON EXTEND OR ALTEI= THE COVERAGE:AFFORDED By-THE POLICIES BELOW. ANDERSON AND ANDERSON 2495 CAMPUS DRIVE COMPANIES AFFORDING COVERAGE IRVINE, CA 92715 CE TER A ALEXANDER HOWDEN/SCOTTSDALE (714) 476-4314 LEITER COMPANY INS IRED LE TERCC B THE FAIRWAY LAND COMPANY LEITERNY C DBA: MARBELLA GOLF AND COUNTRY CLUB COdPANV 0 33971 SELVA ROAD SUITE 120 LEITER LAGUNA NIGUEL, CA 92677 CC APANV LEITER E 1 HIS IS TO CERTIFY THAT POLICIES OI INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. T OTWITHSTANDING ANY REOUIREMEN T,TERM OR CONDITION OF ANY C DETRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY E E ISSUED OR MAY PERTAIN,THE INS'FRANCE AFFORDED BY THE POLICIES DESCRIBED HE REIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI. I IONS OF SUCH POLICIES. COTYPE OF INSURANCE POLICY NUMBER TEFFECTIVE PO EXPIRATION LIABILITY LIMITS IN THOUSANDS DATE �p/WI LTR GATE(MMDATE fMM/DOM/I EACH OCCURRENCE AGGREGATE 3ENERAL LIABILITY BODILY A X COMPREHENSIVE FORM INJURY $ $ PREMISES/OPERATIONS #GLS 123607 06/12/87 06/12/88 PROPERTY UNDERGROUND DAMAGE $ $ EXPLOSION 8 COLLAPSE HAZARD PRODUCTSICOMPLETED OPERATIONS CONTRACTUAL Big PO $110001 COMBINED $1,000 f $1000 f , INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY PERSONAL INJURY $1,000, { BROAD FORM CGL A _ AUTOMOBILE LIABILITYRE fIU�D myINYJPY > ANY AUTO O (PER ffM0111 $ ALL OWNED AUTOS(PRIV. PASS.) gpNw "'T ALL OWNED AUTOS(OTHER RTHA � _i SSP 1987 (PER q�Ml $ HIRED AUTOS PASS. a, C TY OF A` DPRI AMAGE 8�+{` NON-OWNED AUTOS SAN JEW CAPISTRANO $ 'I ° W GARAGE LIABILITY CAL OgNIA BE a PO COMBINED $ E(CESS LIABILITY �•' . UMBRELLA FORM BI&PD COMBINED $ $ OTHER THAN UMBRELLA FORM WORKERS'COMPENSATION STATUTORY . AND $ (EACH ACCIDENT) EMPLOYERS' LIABILITY $ (DISEASE-POLICY LIMIT) $ (DISEASE-EACH EMPLOYEE) O" HER DESCGIIPTION OF OPERATIONS/LOCATIONSIIIEHICLES/SPECIAL ITEMS RE: MARBELLA GOLF AND COUNTRY CLUB CITY OF SAN JUAN CAPISTRANO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX. PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 32400 PASEO ADELANTO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE SAN JUAN CAPISTRANO, CA 92675 LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABUM OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE • • r \. MEMBERS Of THE CITYCOUNCIL OLA LAy ANTHONY L BLAND LAWRENCE f. BUCHHEIM KENNETH E. FRIESS GARDORF 19.11'lap �IB6I PHIL L RASCHWA ER 177f PHILLIP R. SCH WARTZE • • CITY MANAGER STEPHEN B JULIAN March 14, 1988 Mr. Jon T. Brown, President The Fairway Land Company 33971 Selva Road, Suite 200 Laguna Niguel, California 92677 Re: General Liabilti Certificates of Insurance Reimbursement and Subdivision Agreements - Tract 12954 Marbella Development Company- Tract 12954 Marbella Development Company Dear Mr. Brown: On September 15, 1987, The Fairway Land Company (Partner Marbella Development Company) and the City of San Juan Capistrano entered into Reimbursement and Subdivision Agreements. In accordance with the contracts, the following Certifcates of Insurance are due: (1) Subdivision Improvement Agreement, Tract 12954 requires the developer to maintain liability insurance in the amount of $1,000,000 combined single limit at all times during the life of this agreement, naming the City of San Juan Capistrano as an Additional Insured. (2) Reimbursement Agreement for Construction of Rancho Viejo Road also requires that the developer maintain liability insurance in the amount of $1,000,000 combined single limit at all times during the life of this agreement, naming the City of San Juan Capistrano as an ,Additional Insured. Please forward the certificates to the attention of the City Clerk's Department by March 25, 1988. If you have any questions, please contact Dawn Schanderl, Records Coordinator, at (714) 493-1171 extension 244. of Thank you for your cooperation. Very truly yours, Mary Ann nover, CMC City Clerk MAH/dms cc: William Murphy, Director of Public Works 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 M ^ MEMBERS Of THE CITY COUNCIL ANTHONY l BLAND LAWPC NCC f. BUC MHf IM •✓^ I • (. eurl RENNEIH C. C h Inn •.1961 GAR. L. HA I.DOREP 17766 ♦ vHILLIv w. sCHW.anE ��/ • ly` • CITY MANAGER STEPHEN B JULIAN March 14, 988 (,�'Y�"i1'" 1t • lad Mr. Jon T. Brown, Pre f /„� j zl/ av The Fairway Land Company 33971 Selva Road, Suite 200 / A; tvil Laguna Niguel, California 92677 Re: General Liabilti y Certificates of Insurance Reimbursement and Subdivision Agreements - Tract 12954 Marbella Development Company Dear Mr. Brown: On September 15, 1987, The Fairway Land Company (Partner Marbella Development Company) and the City of San Juan Capistrano entered into Reimbursement and Subdivision Agreements. In accordance with the contracts, the following Certificates of Insurance are due: ( l) Subdivision Improvement Agreement, Tract 12954 requires the developer to maintain liability insurance in the amount of $1,000,000 combined single limit at all unles during the life of this agreement, naming the City of San Juan Capistrano as an Additional Insured. (2) Reimbursement Agreement for Construction of Rancho Viejo Road also requires that the developer maintain liability insurance in the amount of $1 ,000,000 combined single lintit at all times during the life of this agreement, naming the City of San Juan Capistrano as an .Additional Insured. Please forward the ceruflcate� to the attention of the City Clerk's Department by March 25, 1988. If you have any questions, please contact Dawn Schanderl, Records Coordinator, at (714) 493-1171 extension 244. Thant, you for your cooperation. Very truly yours, Mary Ann hfI nover, CMC City Clerk MAH(dnts cc: u ilharn Murphy, Director of Public 'a orks 32400 PASEO ADELANTO. SAN JUAN CAPISTRA ND -- 3 •._ •.'i I,SUL DATE (tIrVD '\ ■/yam.{pytn 8/27/87 '' .T�M.'^�T 1n a.✓'i1:-5CI y'�._.: .dC.i n• � irv: ..�,'r _:'... � .: a 4'I�td, PROLl1GE11 TIIIE CERTIFICATE IS to•ULD AS A MATTER OF 114F OHMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIF KATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, 11ICABEL J• SCANLOU EXTEND OR ALTER THE COVERAGE AFFORDED DY THE POLICIES BELOW. ANLERSOti AND ANDERSON - 2495 CAMPUS DRIVE COMPANIES AFFORDING COVERAGE IRVINE, CA 92715 ---" eTEXANnn: -HOW IJ131/--.`- -- COMPANY A rS=SDALE LETTER COMPANY INSURED LETTER B TB1 FIIRWAY LAND COMPANY LETTERNV C DBA: MARBELLA GOLF AND COUNTRY CLUB 33971 SELVA ROAD SUITE 120 LET-TERO " D LAGUUA NIGUEL, CA 92677 COMPANY E LETTER THIS IS TO CERTIFY THAT 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,SAND CONDI- TIONS OF SUCH POLICIES. COPOLICY EFFECTIVE Poucv EXPIRATION LIABILITY LIMITS IN THOUSANDS LTR TYPE OF IN POLICY NUMBER DATE IMMOOM'I OATS IMMMDW, FACT OCCURRENCE AGGREGATE GENERAL LIABILITY BODILY A COMPREHENSIVE FORM INJURY $ $ PREMISES/OPERATIONS #GLS 123607 6/12/87 6/12/88 PROPERTY UNDERGROUND DAMAGE $ $ EXPLOSION 8 COLLAPSE HAZARD PRODUCTS/COMPLETED OPERATIONS CONTRACTUAL COMBINED $ 1,000, $1,000, INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONALINJURY PERSONAL INJURY $1,000, BROAD FORM CGL AUTOMOBILE LIABILITY RFINyy INU RY $ ANY AUTO IRR PERSOF;I ALL OWNED AUTOS(ERIN. PASS my ALL OWNED AUTOS(OTHER TITAN FIR n[uo[Nu I A 1 $ PRIV PASS HIRED AUTOS PROPERTY NON OWNED AUTOS DAMAGE $ GARAGE LIABILITY BI A PD COMBINED $ EXCESS LIABILITY UMBRELLA FORM VI A RD COMBINED $ $ OTHER THAN UMBRELLA FOflM STATUTORY WORKERS' COMPENSATION AND $ (EACH ACCIDENT) EMPLOYERS' LIABILITY $ (DISEASE POLICY LIMIT) $ (DISEASEEACHEMPLOYEEI OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS RE: MARBELLA GOLF AND COUNTRY CLUB SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- CITY OF Siff: JUAPv 4APIST$4W PIRATICIT[l DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 32400 PA SEO ADEL&NTO MAIL O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY SAN .JUAN CAPISTRA0110, CA 92675 OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE <. ?.i:;r .hT,F;al- r`., .y +r'.ka.Y`4's.r[:}'�%.'a", t '•h! ':;t .q w ar .y,+a.F't r. t_6Y2 . 7whA.l�;t+�:c' 0 • MEMORANDUM September 17, 1991 TO: Dawn Schanderl, Records Coordinator p FROM: Ray Vincenti, Associate Civil Engineer � SUBJECT: MARBFLLA - TRACT 12954 - Resolution, Acceptance of Improvements, Notice of Completion, Release of the Public and Private Sewer and Storm Drain Improvement Surety Bonds for Tract 12954 (Marbella), Agenda Item of August 20, 1991 SITUATION Developer has requested the release of the subject bonds. Exhibit "A" failed to show the correct information. Please note * where corrections are required to Bonds to be released. EXHIBIT "A" RELEASE THE FOLLOWING BONDS (Revised September 16, 1991) BOND # DESCRIPTION ORIG AMT PRESENT AMT NA 100649 Private Storm Drain-Phase 1 $397,353.00 $5,000.00 NA 100653 Private Storm Drain-Phase II 79,504.00 2,500.00 NA 100657 Private Storm Drain-Phase III 193,143.00 2,500.00 NA 100654 Public Storm Drain Performance 1831085.00 1,000.00 * NA 100654 Public Storm Drain-Labor & 183,085.00 1,000.00 Material NA 100655 Public Sewer-Phase II 119,730.00 10,000.00 Performance NA 100655 Public Sewer-Phase II 119,730.00 10,000.00 Laber & Material NA 100658 Public Sewer-Phase III 179,875.00 10,000.00 Performance NA 100658 Public Sewer-Phase III 179,875.00 10,000.00 Labor & Material NA 100651 Public Sewer-Phase I 160,395.00 10,000.00 Performance NA 100651 Public Sewer-Phase 1 160,395.00 10,000.00 Labor & Material * NA 100650 Public Storm Drain Performance 81,915.00 81,915.00 * NA 100650 Public Storm Drain-Labor & $81,915.00 $81,915.00 Material ROV:ssg cc: William M. Huber Theodore G. Simon Tony Foster avan � I � MEMBERS OF THE CITU COUNCIL © LAWRENCEF BUCHHEIM ' CI KENNETH E FRIESSRIE55 DI1W Y![ 1- - m[o,roune GARY L HAUSDORFER If Inunwo 1961 GIL JONES 1776 JEFF VASQUEZ •�• CITY MANAGER STEPHEN B JULIAN September 4, 1991 Mr. Michael Knapp Marbella Development Company 27462 Calle Arroyo, Suite A San Juan Capistrano, California 92675 Re: Comletion of Public and Private Improvements (Marbella Development Com n Tract 12954 Dear Mr. Knapp: The City Council of the City of San Juan Capistrano at its regular meeting held August 20, 1991, adopted Resolution No. 91-8-20-2 accepting the construction of Public and Private Improvements in conjunction with Tract 12954 as completed. A copy of Resolution No. 91-8-20-2 is enclosed for your information. The public and private sewer and storm drain sureties for Tract 12954 will be released 35 days from recording of the Notice of Completion. The Notice was recorded on August 26, 1991; therefore, the sureties will be released on September 24, 1991. Thank you for your cooperation. Very truly yours, Dawn M. Schanderl Deputy City Clerk Enclosure cc: James Econn & Company Insurance Marbella Property Owners Association Director of Engineering & Building Services 32400 PASEO ADEL.ANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493.1171 RESOLUTION NO. 91-8-20-2 COMPLETION OF"PUBLIC AND PRIVATE IMPROVEMENTS AND RELEASE OF SURETIES, TRACT 12954 MARBELLA DEVELOPMENT COMPANY A RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF PUBLIC AND PRIVATE IMPROVEMENTS, TRACT 12954 (MARBELLA DEVELOPMENT COMPANY) WHEREAS, the City of San Juan Capistrano has entered into an Improvement Agreement with Marbella Development Company, 27462 Calle Arroyo, Suite "A", San Juan Capistrano, California, 92675, for the construction of public and private improvements in Tract 12954; and, WHEREAS, the Director of Engineering and Building has found the public and private improvements to be in compliance with the plans and specifications of the above tract, and to be in compliance with City specifications and special conditions and therefore recommends exoneration of bonds per Exhibit "A"; and, NOW, THEREFORE, the City Council of the City of San Juan Capistrano, does resolve as follows: SECTION 1. That the work required to be performed by said Developer has been completed. SECTION 2. That the work is hereby accepted and approved. SECTION 3. That the sureties, as outlined on Exhibit "A"attached hereto, may be released 35 days after recordation of Notice of Completion. SECTION 4. The City Clerk is directed to forthwith forward a "Notice of Completion" to the County Recorder of the County of Orange for recording. PASSED, APPROVED, AND ADOPTED this 20th day of August , 1991. XENN THE�FRIS, MOR ATTEST: kd&tn)h. lllJir�a�10 �DJOCK�U CITY CLERK ' -1- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 91-8-20-2 adopted by the City Council of the City of San Juan Capistrano, California, a: a regular meeting thereof held on the 20th day of August , 1991, by the following vote: AYES: Councilmen Jones, Buchheim and Vasquez NOES: None ABSTAIN: Mayor Friess ABSENT: Councilman Hausdorfer (SEAL) 1C.X,/tCZ/LC�/LY=�;�� CHERYL JOHNSON, CITY CLERK' -2- EXHIBIT "A" RELEASE THE FOLLOWING BONDS BOND N DESCRIPTION ORIG AMT PRESENT AMT NA 100649 Private Storm Drain-Phase I $397,353.00 $5,000.00 NA 100633 Private Storm Drain-Phase II 79,504.00 2,500.00 NA 100657 Private Storm Drain-Phase III 193,143.00 2,500.00 NA 100654 Public Storm Drain 183,083.00 1,000.00 NA 100655 Public Sewer-Phase II 119,730.00 10,000.00 Performance NA 100655 Public Sewer-Phase II 119,730.00 10,000.00 Laber & Material NA 100658 Public Sewer-Phase III 179,875.00 10,000.00 Performance NA 100638 Public Sewer-Phase III 179,875.00 10,000.00 Labor & Material NA 100651 Public Sewer-Phase I 160,395.00 10,000.00 Performance NA 100651 Public Sewer-Phase I 160,395.00 10,000.00 Labor & Material NA 100650 Public Storm Drain $81,915.00 $1,915.00 • RESOLUTION NO 91-8-20-1. ADOPTING GENERAL OBLIGATION BOND TAX RATE - FISCAL YEAR 1991-92 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTIMATING AMOUNT OF MONEY TO BE RAISED BY AD VALOREM TAXATION IN THE CITY OF SAN JUAN CAPISTRANO DURING THE FISCAL YEAR 1991-92 FOR DEBT SERVICE AND REQUESTING THE LEVY OF A TAX IN THE CITY OF SAN JUAN CAPISTRANO 6. RENEWAL OF LEASE AGREEMENT (HEAD START PROGRAM) (600.20) As set forth in the Report dated August 20, 1991, from the Director of Administrative Services, the Agreement for the Lease of Property between the City and Orange County Head Start for Community Education Services was approved, extending the current agreement for a period of two years to August 15, 1993 . The Mayor was authorized to execute the Agreement on behalf of the City. ESOLUTION, NOTICE OF COMPLETION. ACCEPTANCE OF IMPROVEMENTS. AND RELEASE OF PUBLIC AND PRIVATE SEWER AND STORM DRAIN SURETIES FOR TRACT 12954 (MARBELLA) (600.30) As set forth in the Report dated August 20, 1991, from the Director of Engineering and Building, it was moved by Councilman Buchheim, seconded by Councilman Jones and carried with Councilman Hausdorfer absent and Mayor Friess abstaining that the following Resolution be adopted declaring improvements for private and public storm drains and sewers to be complete: RESOLUTION NO. 91-8-20-2. COMPLETION OF PUBLIC AND PRIVATE IMPROVEMENTS AND RELEASE OF SURETIES, TRACT 12954 (MARBELLA DEVELOPMENT CO. ) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF PUBLIC AND PRIVATE IMPROVEMENTS - TRACT 12954 (MARBELLA DEVELOPMENT CO. ) The Resolution accepted the work as complete and authorized the City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized to release the following sureties thirty-five (35) days after recording the Notice of Completion: -4- 8/20/91 Original Present Bond No. Description/ (Phase #1 Amount Amount NA 100649 Private Storm Drain (I) $397 , 353 $ 5, 000 NA 100653 Private Storm Drain (II) 79, 504 2 , 500 NA 100657 Private Storm Drain (III) 193, 143 2 , 500 NA 100654 Public Storm Drain 183 , 085 1, 000 NA 100655 Public Sewer (II-Perfor. ) 119,730 10, 000 NA 100655 Public Sewer (II-Lab&Mat) 119,730 10, 000 NA 100658 Public Sewer (III-Perfor. ) 179,875 10, 000 NA 100658 Public Sewer (III-L&Mat) 179, 875 10, 000 NA 100651 Public Sewer (I-Perfor. ) 160, 395 10, 000 NA 100651 Public Sewer (I-Lab&Mat) 160, 395 10, 000 NA 100650 Public Storm Drain 81,915 1,915 PUBLIC HEARINGS 1. CON SIDERATION OF GERA PLAN AMENDMENT 90-07 - UALIT ELEMENT CONTINU FROM JULY 16 1991 (440. 281 Proposal Consideration of the raft Air Quality ement t the City's General I as r quired for loca jurisdic ions by the South Coir Q lity Management istrict ( QMD) in their Air Qualana ment Plan (AQMP adopted 1989. Written catio : Report d ted ugust 20, 1991, rom the D' ector of Planning, request ng hat the hearing continu d in order for staff tocon 'n a to study options or compl ing with AQMP policies and r atory guidelines. Co:t nuation of Public H arin i e having been giv as r quired by law, Mayor Friess ope ed the Public Hear'ng, a there being no response, it was moved by Council an V squez, seconded by Councilman Bui heim, and unani ous carried that the hearing be co tinued to the reg la meeting of September 17 , 1991. 2 . PROPOSED AMENDMENT CITY GENERAL P DESIGNAT AND Z N NG OF A 25 - PARCEL TO ALLOW DEV LOPM N OF 350 H S TWO RESEAND DEVELOPMENT SITES, AND A 4. 5-ACRE P KAT PRO CATED ADJACENT TTHE EAST S E OF I-5 AND E D NG OM CAM LAS RAMBLAS N THESOU T THE YATES AUTO DEALE SHIP 04 THE NORTH - REZONE 24-7/GENERAL PLAN AMENDMENT 90- PACIFIC POI T MC COMMUNITIES) 60.20 440. 25 10. 1 Proposal: Consideration of a request for approval of a mixed-use planned community consisting of 350 dwelling units, two parks -5- 8/20/91 AGENDA ITEM CONSENT CALENDAR August 20, 1991 TO: Stephen B. Julian, City Manager FROM: William M. Huber, Director of Engineering & Building SUBJECT: MARBELLA - TRACT 12954 - Resolution, Acceptance of Improvements, Notice of Completion, Release of the Public and Private Sewer and Storm Drain Improvement Surety Bonds for Tract 12954 (Marbella). SITUATION Developer has requested the release of the subject bonds. Since the required work, on certain improvements, has been satisfactorily completed, Staff recommends that the improvements be accepted as noted in Exhibit "A" below and that a Notice of Completion be filed on the improvements completed. EXHIBIT "A" RELEASE THE FOLLOWING BONDS BOND ff DESCRIPTION ORIG AMT PRESENT AMT NA 100649 Private Storm Drain-Phase I $397,353.00 $5,000.00 NA 100653 Private Storm Drain-Phase II 79,504.00 2,500.00 NA 100657 Private Storm Drain-Phase III 193,143.00 2,500.00 NA 100654 Public Storm Drain 183,085.00 1,000.00 NA 100655 Public Sewer-Phase II 119,730.00 10,000.00 Performance NA 100655 Public Sewer-Phase II 119,730.00 10,000.00 Laber & Material NA 100658 Public Sewer-Phase III 179,875.00 10,000.00 Performance NA 100658 Public Sewer-Phase III 179,875.00 10,000.00 Labor & Material NA 100651 Public Sewer-Phase I 160,395.00 10,000.00 Performance NA 100651 Public Sewer-Phase I 160,395.00 10,000.00 Labor & Material NA 100650 Public Storm Drain $81,915.00 $1,915.00 FOR CITY COUNCIL AGEND ,.. , � .AGENDA ITEM August 20, 1991 Page 2 NOTIFICATION James Econn & Co. Insurance, 3055 Wilshire Blvd., Ste 800, L.A., CA 90010 Marbella Development Co., Mike Knapp, 27462 Calle Arroyo, Ste A, San Juan Capistrano, CA 92675 Marbella Property Owners Association COMMISSION/BOARD REVIEW, RECOMMENDATIONS None. FINANCIAL CONSIDERATIONS None. ALTERNATE ACTIONS 1. Approve the resolution accepting and authorizing the City Clerk to file the Notice of Completion and release the bonds listed above. 2. Do not approve the resolution or make the motion. 3. Request additional information from Staff. RECOMMENDATION By Motion, adopt the resolution accepting the improvements, authorizing the release of the bonds as listed in Exhibit "A" 35 days after recording of the Notice of Completion, authorizing the City Clerk to file the Notice of Completion with the County Recorder. Respectfully submitted, William M. Huber, P.E. WMH/ROV:ssg f I f MEMBERS OF THE CITY COUNCIL r LAWRENCE F SUCH H El KENNETH E. FRIESS p(y[ � emlo,romin GARY L. HAUSOORFER MMMII 1961 GEL JONES 1776 JEFF VASOUEZ •'� • CITY MANAGER STEPHEN S. JULIAN April 30, 1991 Mr. Michael L. Knapp, President Fairway Properties Company 27462 Calle Arroyo, Suite A San Juan Capistrano, CA 92675 Re: Release of Performance Bond No. 9850485 - Non-potable Water Line Construction Marbella Tract 12954 Dear Mr. Knapp: Enclosed is a certified copy of the following bond held as surety for the above-referenced project: PURPOSE AMOUNT Performance Bond type $73,665.00 No. 9850485 The performance bond, held for a one year maintenance period, is hereby released effective April 11, 1991. If you have any questions, please do not hestitate to call. Very truly yours, Dawn M. Schanderl Records Coordinator Enclosure cc: William M. Huber, Director of Engineering be Building Theodore Simon, City Engineer 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 STATE OF CALIFORNIA ) COUNTY OF ORANGE )ss CITY OF SAN JUAN CAPISTRANO ) I, DAWN M. SCHANDERL, Deputy of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the attached is a true and correct copy of the following document: 1. Performance Bond No. 9850485 dated August 14, 1989, in the amount of $73,665.00 and regarding Non-potable Water Line Constuction, Marbella Tract 12954. (SEAL) Dawn M. Schanderl, Deputy tT� San Juan Capistrano, California BOND NO. 9850485 PREMIUM $1,473.00 �r PERFQRMANCE BOND KNOW ALL MEN SY THESE PRESENTS: That MARBELLA DEVELOPMENT COMPANY as Principal, hereinafter called CONTRACTOR, and .. DEVELQPERS j,NSUUANCF CQMPANY as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obilgee, hereinafter called CITY In the amount of FVFNTy THREE ($73 665'.00 THOUSAND SIX HUNDRED S XIY FZVF AND Nn/inn 13011ar5 for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by. written agreement dated entered into a (describe agreement): FOR TRACT 1112954 which contract Is by reference made a part hereof; NOW. THEREFORE, the condition of this obllgation•is such that, If Principal .hall promptly awj fslt6[a11y par Lerm &rIJ rar.c mnnt, thin 0.:a vLllaotiv,. alpll bG nY{l and void; otherwise It shall remain In full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default, 9E IT PURTHER RESOLVED, thatt 1. As a ,part of the obligation secured hereby, and in addition to the face amount specifled, there shall be Included costs and reasonable expenses and fees, including reasonable attorney's Sees, 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, alteratlon, or modification of the contract documents or of the work to be Performed thereunder, shall In any way affect its obligations or this bond, and It does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be Performed thereunder, Exaeuted this 14cn ^ day of A u ANAHEIM "� —AUU� . 19 89 at California. PRINCIPAL MARBEL A DE ELOPMEN APPROVED AS TO FORM ) - (rvovrA AT! EAl) � P R. SH SURETY DEVELOPERS INSURANCE COMPANY S1VWN (I�J41TARIZATION AN SEAL) f BYuCN/ . /6/ 11/77 M Kaoline M. McLeanAttorr ney-In-Fact a3SV31W STATE OF CALIFORNIA )ss. 'n COUNTYOF Qrang, - v - On__ _ _ Augttat _17,XM _ - -_ ,before me,the undersigned,a Notary Public in and for N :E said State,personally appeared- _ - - - -and i � -- - - -- -- -- -- --- __ ,personally known to me(or proved to me on the basis 00 GE of satisfactory evidence)to be the persons who executed the within instrument as - _- - _President and - -_ -__- _ Secretary, on behalf of _131?Rera1-ParttleL Bacc-ax;at F.7 ar _ tL0&j:C-s-,-tae-.—-- the corporation therein named,and acknowledged tome that said 'P corporation executed the within instrument pursuant to its by- 0 EE laws ora resolution of its board of directors,said corporation being 1 OFFICIAL SEAL 0 e known to me to be one of the partners of- _ LL — — — — DOWS E.SENEGAL arbel a-DaVe nt;C -- - Notary RUNIC cabianh the partnership that executed the wlthm fru nt, and ack- ORARM COUNTY m_ nowledged to me that such corporation executed the same as Qy Commission Ex9.7120!93 `e such partner and that such partnership executed the same. p WITNESSmy h ntl and officia/lsjp' 4 Signature. .�`'-�_ (This area for official notarial seat) CORPORATION Iwo STATE OF CALIFORNIA � AlA�� 1SS. !R COUNTY OF I\ I Or 4 ,before me,the undersigned,a Notary Public in and for said State, Wpersonally appeared Pr ALINE M. McLEAN = personally known to me (or proved to me on the basis of sm factory W evidence)to be the person who executed the within instrument as Attorney- tL in-Fac[on behalf of Developers Insurance Company,the corporation therein Q named,and acknowledged to me that the corporation executed it. p r a.Cr OFFICIAL SEAL t 9 a ,, D. MORO WITNESS my hand and official seal. NITAPY PUEIIf: CALIFORNIA "'I L 1 BCE IN ,ly 2, 13S3 amu :+n ekvc+nns+<•w,w,ca': Signature DIC 304(REV.2185) This area for ficial Notarial Sea( eco tvc�: � MEMORANDUM April 12, 1991 TO: j/ Cheryl Johnson, City Clerk \ FROM: William M. Huber, Director of Engineering and Building U ) SUBJECT: Release of Surety - Marbella Tract 12954 Non-potable Water Line Construction In accordance with City procedure, this is your authorization to release the Performance Bond No. 9850485 in the amount of $73,665 that was held one year for the successful performance period after the completion and final acceptance of the construction of street work in conjunction with the non-potable water line construction per the City Engineer's letter of November 30, 1990, and Fairway Properties Co.'s letter of March 19, 1991, requesting release of that Bond. WM H:RV:cl cc: Ted Simon Bud Vokoun Fico Aguilera Tony Foster John Reynolds BOND NO. 9850485 Premium Included in Perf. LABOR AND _ ATERIAL BOND kNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded toMARBELLA DEVELOPMENT COMPANY License No. . hereinafter designate as "principal`, a contract for TRACT X112954 and WHEREAS, said Principal is required to famish a bond in connection with the said contract providing that if said Principal, or any of his or its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we MARBELLA DEVELOPMENT COMPANY Principal, and DEVELOPERS INSURANCE COMPANY , as surety, are held firmly boun unto the City of Juan Capistrano, a municipal corporation, in the penal SUM Of SEVENTY THREE THOUSAND SI$ HUNDRED SIXTY FIVE AND NO/100DOLLARS ($ 66665.00 , aw u money o t c Hite . rates of America, or payment o which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION Is such that, If said Principal, his or Its heirs, executors, administrators; successors or assigns, or sub-contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Aivision S, Chapter 3 of the.Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also In case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns In any suit brought upon this bond. FURTHER, the 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 obligation on 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. As a part of the obligation secured hereby, and In addition to the lace amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's lees, Incurred by City In successfully enforcing such c obligation, all to be taxed as costs and included in any Judgment rendered. :J :j IN WITNESS WHEREOF three (3) identical counterparts of this Instrument, each of which shall for all purposes be deemed an original thereof, have turn duty executed by the Principal and surety herein ni on the 14th day of AUGUST 19 89 . The name and corporate seal of eaccorporate party been trete a flxed and tbese presents duty signed by Its undersigned representatives pursuant to authority of its governing body. ` MARBELLA DEVELOPMENT COMPANY PR l� BY {� DEVELOPERS INSURANCE COMPANY R ITY FlyU a line M. McLean, Attorney-In-Fact APPROVED AS TO FORM /L 7R-AW, R E Yj /3 1 , J f 1 . I , j i , - STATE OF CALIFORNIA Iss. a COUNTYOF __.—O _ IBHge—_—__._ _ E On-. Avignst- LZ, 1982- - - - ,before me,the undersigned,a Notary Public in and for 27 said State,personally appeared__ Carl E. _BE -- __.. -__ - - __—______--and pT a ,� ,personally known to me(or proved to me on the basis o n m of satisfactory evidence)to be the persons who executed the within instrument as c o President and---- - _ Secretary, on behalf of Cnoo yh oirtIIer- _ a- w -Baccarat Elleorrignins,-- lnc�- -- M the corporation therein named,and acknowledged tome that said Ccorporation executed the within instrument pursuant to its by- 76 m E laws or a resolution of its board of directors,said corporation being oQ E OFFICIAL SFAL c y known to me to be one of the partners of 08 E.SENEGAL �u- Marbella Development ComnanT__ oWyPublicaOfornta the partnership that executed the within instrument, and ack- M:Dj ORANGE COUNTY m - nowledged to me that such corporation executed the same as00 mfsSiOh Exp.7120193 such partner and that such partnership executed the same. ur " WITNESS my haA and offigial seal. C. Signature (This area for official notarial seal) CORPORATION Dw STATE OF CALIFORNIA ORANGE }SS. COUNTY OF On__-A _14 SQA ,before me,the undersigned,a Notary Public in and for said State, m A peraminyappeared PAULINE M. MCLEAN •= personally known to me (or proved to me on the basis of satisfactory W evidence)to be the person who executed the within instrument as Attorney- M. in-Fact on behalf of Developers Insurance Company,the corporation therein named,and acknowledged to me that the corporation executed it h - � (>FFICIAL SEAL WITNESS my hand and official seal. ' '•.� NO'7APYPUELn�C�OF"A "' iu1e) !'•iiN^I?rl(XFICE IN F yy '�`•° vt JRPNGFCOUNN {,LL,.,;; My L""fi i'sron up JOY 2, 1993 Signature DIC 304(REV.2185) This area or j Wiciol Notarial Sea! FAIRWAY PROPERTIES COMPANY San Juan Capistrano, California / L>KGr �L16C(Lhll March 19, 1991 Mr. Theodore G. Simon City Engineer G City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 re: Nonpotable water line bond Dear Ted: Z�er.2 -/16 Pursuant to your letter dated November 30, 1990, a copy of which is enclosed for your information and reference, I am requesting that you calender the indicated performance bond (Performance Bond 09850485) for release as soon as practical after the acceptance date plus one year of April 11, 1991. Iii In�,g�y Your cooperation in this regard is appreciated. Please do not hesitate to contact the undersigned should you have nay r questions in this matter. + Best regards. Sincerely, Michael L. Knapp President copy to John D. Salera Corey Eastwood ��� 1 11 r \.i Cj sw 27462 Calle Arroyo, Suite A • San Juan Capistrano, California 92675 • 714 661-1461 Fax 714 240-2498 ' . Jwaa �, • MENDERS OF THE CITY COUNCIL �� (] ANTHONY L. BLAND 'EI LAWRENCE F. BUCNHEIM KENNETH E. FRIESS ® LIV71 1961 Or.IL HA USDORFER 1776 PM ILLIL P R. SCHW ART2E •�• CITY MANAGER STEPHEN B JULIAN November 30, 1990 Fairway Properties Company 27462 Calle Arroyo, Suite A San Juan Capistrano, California 92675 Attention: Mr. Michael L. Knapp Re: Release of Surety - Marbella Non-Potable Water Line, Tract 12954 Dear Mr. Knapp: in response to your previous inquiries regarding the release of the Performance Bond and the Labor and Material Bond which were required by the City of San Juan Capistrano for work in the right-of-way per the Ca istrano Valle Water District plans for the construction o tenon-Po a e water line for Tract 12954, please be advised that: Labor and Material Bond No. 9850485 in the amount of $73,665.00, is hereby released as of this date. Encroachment Permit No. 89-228C-, issued August 18, 1989, for the above- mentioned work was completed to the satisfaction of the Engineer Division's Inspector and the payment that was due for the work performed by Orange County Striping Service, Inc,, has been received. Performance Bond No. 9850485 in the amount of $73,665.00, is required to be held for a one-year successful performance period, and may be considered by the City for release upon completion of that time period. The Engineering Division Inspector signed off on J 2 , the work on April 11, 1990, therefore, please contact the Engineering Division around April 11, 1991, for consideration of release of this bond. Please do not hesitate to call if you have further questions. Verrjy� truly yours, Theodore G. Simon, City Engineer TGS/CDC;cdc cc: George Scarborough, Assistant City Manager Ray Wellington, Interim Director of Engineering and Building Ray Vincenti, Associate Civil Engineer Tony Foster, Assistant Engineer Developers Insurance Company 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 MEMBERS OF THE CITY COUNCIL LAWRENCE F SUCHHEIM KENNETH E FRIESS Q�[ t0aoo1al4 RY L USDORFER GILJONES ® Ivauunm I96I JEFF VASQUEZ 1776 `� • • CITY MANAGER STEPHEN B JULIAN February 8, 1991 Mr. Michael Knapp Fairway Properties 27462 Calle Arroyo San Juan Capistrano, CA 92675 Re: Release of Faithful PerformanceBond Installation of Required Centerline Monuments Marbella, Tract 12954 Dear Mr. Knapp: Enclosed is a certified copy of the following bond held as surety for the above-referenced - project: PURPOSE AMOUNT Faithful Performance Bond No. NA 100643 $44,000.00 The Faithful Performance Bond is hereby released effective February 5, 1991. If you have any questions, please do not hesitate to call. Very truly yours, Cheryl Johnson City Clerk CJ/dms Enclosures cc: Marbella Homeowner's Association Bill Huber, Director of Public Works Ray Vincenti, Associate Civil Engineer 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 Y • • ti STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) 1, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the attached is a true and correct copy of the following document: 1. Faithful Performance Bond No. NA-100643, dated September 10, 1987, in the amount of $44,000.00 and regarding installation of required centerline monuments for Tract 12954, Marbella. (SEAL) �i�I SLC Cheryl Johnson, it lerk c San Juan Capistrano, California DATED: THIS 8th day of February, 1991. CONTRACT BOND-CALIFORNIA FAITHFUL PERFORMANCE-PUBLIC WORK RELEASED Bond No. NA 100643 Initial premium charged for to DATE bond isS 660.00 subject t: adjustment upon completion of INRALS L� contract at applicable rate or final contract price. KNOW ALL MEN BY THESE PRESENTS, That Marbella Development Company of Laguna Niguel, California as Principal, a-na the National Indemnit Com an , a corporation organize an existing under- the laws op Nebraska and authorized to transact surety business in the St-a-t-e-77 a i ornia, as Surety, are held and firmly bound unto City of San Juan Capistrano, in the sum of Forty Four Thousand and No/100ths**********dollars ($***44,000.00**) , for the payment W ere0 , well and tru y to be made, sai rincipal 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-bounden Principal has entered into a Contract dated 19 with the City of San Juan Capistrano to o and perform the ollowing worms to wit: Subdivision Monuments for Tract 12954 NOW, THEREFORE, if the above-bounden 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 10th day of September 19x7 Marbella Development Com an Principa i APPROVED AS TO FORM. b / P ent, he Fa rway and Company 'A Gene 1 Partner Nat Indemnity Company JO R. S naw c/o James Econn & Co. Ci Attorney 3055 Wilshire Blvd. L 7 ) � Los Angeles, Calif. by NOTE: A*nowledgmentslof execution of Princ pal andrienSuretyomurnestin Fa be attach d. STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th day of September in the year 1987 before me, Alice M. Stump , a Notary Public, State of California, duly commissioned and sworn, personally appeared Jon T. Brown personally known to me (or proved to me on the basis of satisfactory evidence) to be the President of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Jon T. Brown, President, The Fairway Land Company — A General Partner IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Orange County of California on the date set forth above in this certificate. r ? orticu�seM� Notary Public, State of; ¢alifornia ALICE M.STUMP MoYry VUbk Caht_-. 011ANCE COUMTY MY COmmissi0n Exp.5117191 My commission expires May 17, 1991 ACK.WLEDGMENT OF ANNEXED INSTRUAT STATE OF CALIFORNIA COUNTY OF Los Angeles On this 10th day of September in the year 1987 before me, Lisa L. Thornton a Notary Public. State of California, duly commis oned and sworn, personally appeared Margaret E. O'Brien personally known to me (or proved to me on the basis of satisfactory evidence) to be the Attorney in Fact of the corporation that executed the within instrument, and also known to me to be the parson who executed the within instrument on behalf of the corporation therein named, and acknowledged to me.lhal such corporation executed the same. National Indemnity Company IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Los Angeles County of California on the date set forth above in this certificate. " Notkry Public, laa o a dorms \M + _? OFFICIAL SEAL EAI My commission expires May 24, 1989 LISA L. THORNTON j ::.max<y:Y.Trr�`'�-� taotari PuMoCalifornia Princ'.!>at otflce in Anie'!m County ..;x.� Comm. EKP. Ma«+4, 1189..... r.qv • POWER-OF-ATTORNEY FOR SUBDIVISION BONDS NATIONAL INDEMNITY COMPANY NGP N? 202532 3024 HARNEY STREET OMAHA,NEBRASKA 68131 KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which it authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN, THE AUTHORITY OF THE ATTORNEY-IN-FACT and THE LIABILITY OF THE COMPANY Q SHALL NOT EXCEED .. ..........TWO MiII... ....... 00 , I$2,0 ,000,00)„.,,,QN,ANY ONE,BD, ON ,,,,,,,,.„ „ ... . USE OF MORE THAN ONE POWER VOIDS THE BOND NATIONAL INDEMNITY COMPANY, a Nebraska corporation, having its principal office in the City of Omaha, state of Nebraska, does hereby make, constitute and appoint James W. Econn, Donald Killian III, Margaret E. O'Brien, Linda O Scisini, and Barry M. Sullock in the City of LOS ANGELES,County of LOS ANGELES,State of CALIFORNIA,its true and lawful attorney-in-fact,at LOS ANGELES,in the State of CALIFORNIA to make,execute,seal and deliver for and on its behalf, m end as its act and deed,only the following classes of Subdivision Bonds:Subdivision Improvement including Performance and Labor i and Materials; Subdivision Inspection; Subdivision Survey or Monument; Subdivision Tax; Subdivision Warranty; Completion Common Facilities;Maintenance Assessment;Release of Mechanic's Lien;Release of Stop Notice;License or Permit Bonds required in connection with the subdivision (or subdivision related); Bonds required by F.H.A. or other similar government agencies; Conversion tax or fee;Advance Payments required by Federal,State,County,Municipal Authority,or other obligee,provided that g the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sum shown above. i3 THIS POWER VOID IF ALTERED OR ERASED This power is not valid unless used before December 31, 1988 The acknowledgement and execution of any such document by said Attorney-in-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of NATIONAL INDEMNITY COMPANY at a meeting duly called and held on the 3rd day of January,1986: RESOLVED,that the President,or any Vim President,or Assistant Vim President,of the Company,be,and that each of any of them hereby is,authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of NATIONAL INDEMNITY COMPANY bonds,undertakings and all contracts of suretyship;and that my Secretary or any Assistant Secretary be,and that each or any of Mem hereby is authorized to attest the execution of any such Power of Attorney,' and to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any mrtificate 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 and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached.- in Witness Whereof NATIONAL INDEMNITY COMPANY has caused its official seal to be hereunder affixed,and these presents to be signed by its Assistant Vim President and attested by its Assistant Secretary this 6th day of January,1986. ATTEST NATIONAL INDEMNITY COMPANY �'• �-^�0 may, a �. A ss istant Secretary BY v Assistant Vim President STATE OF CALIFORNIA Il COUNTY OF LOS ANGELES I SS On this 8th day of January,1986,before me,a Notary Public personally appeared Thomas A.Bolt,who bring by me duly mom, acknowledged that he signed the above Power of Attorney as Assistant Vim President of said NATIONAL INDEMNITY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. My Commission expires May 20,1988 OPRICIAL SEAL NANCY M FLORES NOTARY PUSLIC-CA IFORNIA aT�COUNTY MAT M In CERTIFICATION Notary Public,California STATE OF CALIFORNIA COUNTY OF LOS ANGELES J SS 1,the undersigned, Assistant Secretary of NATIONAL INDEMNITY INSURANCE COMPANY,a Nebraska Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full form and has not been revoked;and furthermore that the By-Laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney, are now in force. Signed and sealed at Pasadena,California Dated the. 10th _day of.. .. ,September 87 Q Assistant Secretary 1.ONLY ONE POWER-OF-ATTORNEY MAYBE ATTACHED TO A BOND. 2.POWER-OF-ATTORNEY MUST NOT BE RETURNED TO ATTORNEY-IN-FACT,BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS. 3.THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXERT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WACE LAW CLAIMS,OR BONDS FOR CRIMINAL APPEARANCE. 4.THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES OR ANY BONDS. OTHER THAN THOSE ENUMERATED ABOVE. NI 1181P WM) CONTRACT BOND-CALIFORNIA FAITHFUL PERFORMANCE-PUBLIC WORK RELEASED Bond No. NA 100643 Initial premium charged for thi DATE z"�" Q� bond is $ 660.00 subject to adjustment upon completion of INITIALS d/YY1B - contract at applicable rate on final contract price. KNOW ALL MEN BY THESE PRESENTS, That Marbella Development Company of Laguna Niguel, California , as Principal, and the National Indemnit Com an , a corporation organize an existing under a aws d Nebraska and authorized to transact surety business in the State of Cali ornia, as Surety, are held and firmly bound unto City of San Juan Capistrano, in the sum of Forty Four Thousand and No/100ths**********4011ars (S* *44,000.00**) , for the payment w ereo , well and tru y to be made, saiPrincipal 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-bounden Principal has entered into a Contract dated 19 with the City of San Juan Capistrano to o and perform the following worms to wit: Subdivision Monuments for Tract 12954 NOW, THEREFORE, if the above-bounden 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 10th day of September 1987 Marbella Development Coman Principa APPROVED AS TO FORM. b P ent, he Fa rway and Company /A Gene 1 Partner I 11a 11' Nat Indemnity Company JorA R. Shaw Ci Attorney c/o James Econn & Co. 3055 Wilshire Blvd. b a Los Angeles, Calif. yNOTE: Ac nowledgmentslof execution of PrMari al andrSuretyomustin Fact be attach d. r STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th day of September in the year 1987 before me, Alice M. Stump a Notary Public, State of California, duly commissioned and sworn, personally appeared Jon T. Brown personally known to me (or proved to me on the basis of satisfactory evidence) to be the President of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Jon T. Brown, President, The Fairway Land Company - A General Partner IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official „ seal in the Orange County of California on the date set forth above in this certificate. OFFICIAL SEAL Notary Public, State of alifornia ALICE M.STUMP Notary Po!Ik California ONANGE COUNTY My Commission Exp.5117191 My commission expires May 17, 1991 ACIOWLEDGMENT OF ANNEXED INSTRL04T STATE OF CALIFORNIA l COUNTY OF Los Angeles )y u On this 10th day of September m the year 1987 before me. Lisa L. Thornton a Notary Public, State of California, duly commisloned and sworn, personally appeared Margaret E. O'Brien personally known to me (or proved to me on the basis of satisfactory evidence) to be the _ Attorney in Fact of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me.lhat such corporation executed the same. National Indemnity Company IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Los Angeles County of California on the date set forth above in this Cerlificale. _ Not ry Public, lite o a Jorma 'N�..O4 a.NNN OMCIAL NY♦YYNY ocPlciAL sent My commission expires May 24, 1989 =�x w LISA L. THORNTON > Notary PublioCalifornia jPnnclpal Office in ' Los Angeles County �- My Comm. Exp. May 24, 1989 M%M" POWER-OF-ATTORNEY FOR SUBDIVISION BONDS NATIONAL INDEMNITY COMPANY NGP N9 202532 3029 HARNEY STREET OMAHA,NEBRASKA 68131 KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which it authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN, THE AUTHORITY OF THE ATTORNEY-IN-FACT and THELIABILITY OFTHECOMPANY SHALL NOT EXCEED ............TWO MilliQR D(A8rS,.K.OK W0,00).,,., QN ANY ONE.BOND. USE OF MORE THAN ONE POWER VOIDS THE BOND NATIONAL INDEMNITY COMPANY, a Nebraska corporation, having its principal office in the City of Omaha, state of Nebraska, does hereby make, constitute and appoint James W. Econn, Donald Killian III, Margaret E. O'Brien, Linda Sciaini, and Barry M. SulloCk in the City of LOS ANGELES,County of LOS ANGELES,State of CALIFORNIA,its true and lawful attorney-in-fact,at LOS ANGELES,in the State of CALIFORNIA to make,execute,seal and deliver for and on its behalf, 3 and as its act and deed,only the following classes of Subdivision Bonds:Subdivision Improvement including Performance and Labor and Materials; Subdivision Inspection; Subdivision Survey or Monument; Subdivision Tax; Subdivision Warranty; Completion t= Common Facilities;Maintenance Assessment;Release of Mechanic's Lien;Release of Stop Notice;License or Permit Bonds required in connection with the subdivision (or subdivision related); Bonds required by F.H.A. or other similar government agencies; Conversion tax or fee;Advance Payments required by Federal,State,County,Municipal Authority,or other obligees,provided that 3 the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sum shown above. THIS POWER VOID IF ALTERED OR ERASED This power Is not valid unless used before December 31, 1988 The acknowledgement and execution of any such document by said Attorney-in-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. This Power of Attorneyis granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board ofDirectorsof NATIONAL INDEMNITY COMPANY at a meeting duly called and held on the 3rd day of January,1986: RESOLVED,that the President,or any Vim President,or Assistant Vice President,of the Company,be,and that each of any of them hereby is,authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of NATIONAL INDEMNITY COMPANY,bonds,undertakings and all contracts of suretyship;and that any Secretary or any Assistant Secretary be,and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED, that the signatures 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 and in the future with respect to any bond, Q undertaking or contract of suretyship to which it is attached." In Witness Whereof NATIONAL INDEMNITY COMPANY has caused its official seal to be hereunder affixed,and these presents to be signed by its Assistant Vim President and attested by its Assistant Secretary this 6th day of January,1986. ATTEST NATIONAL INDEMNITY COMPANY U Assistant Secretary BY / Assistant Vice President � STATE OF CALIFORNIA 11 COUNTY OF LOS ANGELES J SS On this 6th day of January,1986,before me,a Notary Public personally appeared Thomas A.Bolt,who being by me duly swom, acknowledged that he signed the above Power of Attorney as Assistant Vice President of said NATIONAL INDEMNITY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. My Commission expires May 20,1988 OFFICIAL SEAL /y/�// NANCY M FIOREs NOTppY PUBLIC -GUI.WA LOS""`t r`° "" CERTIFICATION Notary Public,California I* sr wpm.wau Na a1 198C STATE OF CALIFORNIA COUNTY OF LOS ANGELES I SS I,the undersigned, Assistant Secretary of NATIONAL INDEMNITY INSURANCE COMPANY,a Nebraska Corporation,DO -HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that the By-Laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney, are now in force. Signed and sealed at Pasadena,California I. Sepembr Datedthe... ..... ... ............ ..... ... .. . .. .. . .. .day of.. ... .. ... ..... . .". . .A.. ./.. . .. ...... .. 19�K.1�C.87 ... . oAssistant Secretary 1.ONLY ONE POWER-OF-ATTORNEY MAY BE ATTACHED TO A BOND. 2.POWER-OF-ATTORNEY MUST NOT BE RETURNED TO ATTORNEY-IN-FACT,BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS. 3.THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS,OR BONDS FOR CRIMINAL APPEARANCE. 4.THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES OR ANY BONDS. OTHER THAN THOSE ENUMERATED ABOVE. NI I IBIP(1186) { CONTRACT BOND-CALIFORNIA FAITHFUL PERFORMANCE-PUBLIC WORK RELEASED Bond No. NA 100643 DATE Initial premium charged for thi: bond is S 660.00 subject to adjustment upon completion of INITIALS �: contract at applicable rate on final contract price. KNOW ALL MEN BY THESE PRESENTS, That Marbella Development Company of Laguna Niguel, California , as Principal, and the NationalInde— Com an , a corporation organize an existing un er a aws o� Nebraska and authorized to transact surety business in the State of Califo—rnia, as Surety, are held and firmly bound unto City of San Juan Capistrano, in the sum of Forty Four Thousand and No/100ths**********+d01lars ($* *44,000.00**) , for the payment w ereo , well and tru y to be made, sarT 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-bounden Principal has entered into a Contract dated 19 , with the City of San Juan Capistrano to o and perform t7e=ollowing worms to wit: Subdivision Monuments for Tract 12954 NOW, THEREFORE, if the above-bounden 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 10th day of September 19A7 Marbella Development Com an / Principa APPROVED AS TO FORM. by P ent, e Fairway Land Company ral Partner National Indemnity Company JO R. S aw c/o James Econn & Co. � Ci Attorney 3055 Wilshire Blvd. by c:4 k. Los Angeles, Calif. NOTE: Actnowledgmentslof execution of Principal andrSurety Attorney Fact be attach d. STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th day of September in the year 1987 before me, Alice M. Stump a Notary Public, State of California, duly commissioned and sworn, personally appeared Jon T. Brown personally known to me (or proved to me on the. basis of satisfactory evidence) to be the President of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Jon T. Brown, President, The Fairway Land Company - A General Partner IN WITNESS WHEREOF, I have hereunto set my hand and affixd my official seal in the Orange County of California on the date set forth above in this certificate. Ali � . '21A OFFICIAL SEAL Notary Public, State of 1 fornia ALICE MLCOUNTY STUMP Nulary oma ORANGE My Commis5/17191 MOMMMy commission expires May 17, 1991 ACK OWLEDGMENT OF ANNEXED INSTRAT STATE OF CALIFORNIA COUNTY OF Los Angeles u . On this 10th day of September in the year 1987 before me, Lisa L. Thornton a Notary Public, State of California, duly commisioned and sworn, personally appeared Margaret E. O'Brien personally known to me (or proved to me on the basis of satisfactory evidence) to be the _ Attorney in Fact of the corporation that executed the within instrument, and also known to me to be the parson who executed the within instrument on behalf of the corporation therein named, and acknowledged to me.that such corporation executed the same. National Indemnity Company IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal in the Los Angeles County of California on the date set forth above in this certificate. G— N"a Pubo , State of California o OFFICIAL SEAL My commission expires May 24, 1989 ice'•-� \ LISA L. THORNTON Notary PublicCautornia LA ..,„ill„ Principal(Office In �� Lo,Angeles County Comm. Exp. MaY 24, 1989 wgns POWER-OF-ATTORNEY FOR SUBDIVISION BONDS NATIONAL INDEMNITY COMPANY NGP N4 202532 3024 HARNEY STREET OMAHA,NEBRASKA 68131 KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which it 99 authorizes executed. Itifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN, 1 THE AUTHORITY OF THEATTORNEY-IN-FACT and THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ............TWO M.illlon Dollars (S2,W W0,00).,,..ON ANY ONE.BOND... USE OF MORE THAN ONE POWER VOIDS THE BOND e f NATIONAL 1NDEMNITY COMPANY, a Nebraska corporation, having its principal office in the City of Omaha, state of g Nebraska, does hereby make, constitute and appoint James W. Econn, Donald Killian III, Margaret E. O'Brien, Linda Sciaini, and Barry M. Sullock in the City of LOS ANGELES,County of LOS ANGELES,State of CALIFORNIA,its true and lawful attorney-in-fact,at LOS ANGELES,in the State of CALIFORNIA to make,execute,seal and deliver for and on its behalf, m and as its act and deed,only the following classes of Subdivision Bonds:Subdivision Improvement including Performance and Labor • and Materials; Subdivision Inspection; Subdivision Survey or Monument; Subdivision Tax; Subdivision Warranty; Completion C Common Facilities;Maintenance Assessment;Release of Mechanic's Lien;Release of Stop Notice;License or Permit Bonds required Z in connection with the subdivision (or subdivision related); Bonds required by F.H.A. or other similar ggovernment a encies; a Conversion tae or fee;Advance Payments required by Federal,State,County,Municipal Authority,or other ol9igees,provided that s the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sum shown above. THIS POWER VOID IF ALTERED OR ERASED This power In not valid unless used before December 31, 1988 The acknowledgement and execution of any such document by said Attorney-in-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. Q This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of NATIONAL INDEMNITY COMPANY at a meeting duly called and held on the 3rd day of January,1986: RESOLVED,that the President,or any Vice President,or Assistant Vice President,of the Company,be,and that each of any of them hereby is,authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney-to execute in behalf of NATIONAL INDEMNITY COMPANY bonds,undertakings and all contracts of suretyship;and that any Secretary or any Assistant Secretary be,and that each or any of t6m hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED, that the signatures 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 and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof NATIONAL INDEMNITY COMPANY has caused its official seal to be hereunder affixed,and these presents to be signed by its Assistant Vice President and attested by its Assistant Secretary this 6th day of January, 1986. ATTEST NATIONAL INDEMNITY COMPANY _ Assistant Secretary BY v Auistanl Vice President O STATE OF CALIFORNIA IY$i COUNTY OF LOS ANGELES I SS On this 6th day of January,1986,before me,a Notary Public personally appeared Thomas A.Bolt,who being by me dol sworn, acknowledged that a signed the above Power of Attorney as Assistant Vice President of said NATIONAL INDKINITY COMPANY and acknowledged said Instrument to be the voluntary act and deed of said corporation. My Commission expires May 20,1988 OFFICIAL SEAL NANCY M FLORES �f�Q/ "DAY PUBLIC•CMIFOANIA (( M MIALES COUNT( Notary Notary Public,California wina Ltr, My(pPm, lra MAY 2B, 19q STATE OF CALIFORNIA COUNTY OF LOS ANGELES) SS 1,the undersigned,Assistant Secretary of NATIONAL INDEMNITY INSURANCE COMPANY,a Nebraska Corporation, DO -HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and bas not been revoked;and furthermore that the By-Laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney, are now in force. Signed Bud sealed at Pasadena,California 10th y September 87 Datedthe......................... ..... .... ... .. . da of. . ... . . .... .. .. .'t.. .'t(. ... ..�`/'' .1A, . . .. .. 19.lK�. .-�. ... . QAssistant Secretary 1.ONLY ONE POWER-OF-ATTORNEY MAY BE ATTACHED TO A BOND. 2.POWER-OF-ATTORNEY MUST NOT RE RETURNED TO ATTORNEY-IN-FACT,BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS. 3.THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALINIONY SUPPORT OR WAGE LAW CLAIMS,OR BONDS FOR CRIMINAL APPEARANCE. 4.THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES OR ANY BONDS. OTHER THAN THOSE ENUMERATED ABOVE, NI IIBIF ptBa) 2 . REPORT OF DESIGN REVIEW COMMISSION ACTIONS (410. 60) The Report dated February 5, 1991, from the Director of Planning, regarding actions taken at the meeting of January 16, 1991, was ordered received and filed. 3 . REPORT OF EQUESTRIAN AND TRAILS COMMISSION ACTIONS (930. 40) The Report dated February 5, 1991, from the Director of Community Services, regarding actions taken at the meeting of January 14, 1991, was ordered received and filed. 4 . REPORT OF LOS RIOS REVIEW COMMITTEE ACTIONS (400. 50) The Report dated February 5, 1991, from the Director of Planning, regarding actions taken at the meeting of January 24 , 1991, was ordered received and filed. 5. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920. 20) The Report dated February 5, 1991, from the Director of Community Services, regarding actions taken at the meeting of January 21, 1991, was ordered received and filed. 6. REPORT OF PLANNING COMMISSION ACTIONS (440.40) The Report dated February 5, 1991, from the Director of Planning, regarding actions taken at the meeting of January 22 , 1991, was ordered received and filed. 7 . REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS (590.20) The Report dated February 5, 1991, from the Director of Engineering and Building, regarding actions taken at the meeting of January 9, 1991, was ordered received and filed. RELEASE OF FAITHFUL PERFORMANCE BOND IN THE AMOUNT OF $44 . 000 FOR SUBDIVISION MONUMENTS TRACT 12954 (MARBELLA) (600. 30) As set forth in the Report dated February 5, 1991, from the Director of Engineering and Building, obligation bond No. NA 100643 in the amount of $44 ,000, National Indemnity Company, for Tract 12954 (Marbella) , for the installation of center- line monuments was released, based upon the work being completed, inspected, and documented. -10- 2/5/91 AGENDA ITEM February 5, 1991 TO: Stephen B. Julian, City Manager FROM: William Huber, Director of Engineering & Building SUBJECT: Motion for the Release of Bond No. NA 100643 - National Indemnity Company $44,000.00 for Tract 12954 - Marbella SITUATION The referenced bond was to insure the developer would install the required centerline monuments. The work has been completed, inspected, and documented to the City's satisfaction. NOTIFICATION Fairway Properties Company Marbella Homeowners Association COMMISSION/BOARD REVIEW, RECOMMENDATIONS N/A FINANCIAL CONSIDERATIONS None. ALTERNATE ACTIONS 1. Release the bond. 2. Do not release the bond. 3. Request additional information from Staff. RECOMMENDATION By motion, release the obligation bond No. NA 100643, National Indemnity Company of $44,000.00 because the work is completed, inspected, and documented. Resp tfully sued, William Huber WH/ROV:ssg Attachment FOR CITY COUNCIL AGEND CONTRACT BOND-CALIFORNIA • FAITHFUL PERFORMANCE-PUBLIC WORK Bond No. NA 100643 Initial premium charged for th bond is 5 660.00 subject to adjustment upon completion of contract at applicable rate on final contract price. KNOW ALL MEN BY THESE PRESENTS, That Marbella Development Company of Laguna Niguel, California , as Principal, and the -National Indemnit Com an , a corporation organize an existing ua er a aws O Nebraska and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto City of San Juan Capistrano, in the sum of Forty Four Thousand and No/100th ($ T ) , for the payment w ereo , we an tru y to be made, said rincipal 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-bounden Principal has entered into a Contract dated 19 , with the City of San Juan Capistrano to o and perform the following work, to wit: Subdivision Monuments for Tract 12954 NOW, THEREFORE, if the above-bounden 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 10th day of Sentemher 1987 Marbella Development Com an Principal APPROVED AS TO FORM. b P ent, he Fa rway and Company /A Gene 1 Partner Nat Indemnity Company op WLAO� JoR. S aw c/o James conn 6 Co. C3 Attorney 3055 Wilshire Blvd. by Z/"_" aon Angeles, Calif. Margaret E. O'Brien, Attorney in Fac AGENDA ITEM August 21, 1990 TO: STEPHEN B. JULIAN, CITY MANAGER FROM: GEORGE SCARBOROUGH, ASSISTANT CITY MANAGER SUBJECT: CONSIDERATION OF ACCESS ALTERNATIVES FOR HELICOPTER HILL (MARBELLA) SITUATION• A. Summary - Fairway Properties Company, the developer of the Marbella development have requested the reduction of $2 million surety bond the City presently holds to insure completion of grading and landscaping. The grading and landscaping for the development is nearly complete. Fairway indicates that the renewal date for the bond is early in September. The Marbella development subdivision improvement agreement executed in September of 1987 requires the developer to grade an access road to the plateau area of Helicopter Hill. Unfortunately, the areas in Marbella's or the City's ownership and control and available to provide access to Helicopter Hill are significantly constrained by severe slopes and close proximity to existing residents. City staff and representatives of Fairway Properties Company have spent substantial time developing and reviewing alternative approaches to grading an access road to Helicopter Hill. However, before City staff can grant Fairway's request to estimate the amount of the surety that must be retained and reduce the bond, staff needs to know which, if any, of the alternatives which have been identified are acceptable to the City Council. B. Background - Five alternative approaches to providing road access to Helicopter Hill have been developed. Four of the five alternatives are shown in diagrams which are attached to the Council packets. The extent of grading for each alternative is delineated on the diagrams. The first two of the five alternatives utilize the existing equestrian trail from Malispina to Helicopter Hill in order to minimize the grading and scaring of the hill and minimize the visual impact. These alternatives would allow only extremely limited and strictly controlled vehicle usage because of steep trail grade and to avoid conflict with equestrian use. The five identified alternatives are: Alternative 1.A - This alternative utilizes the maximum amount of the equestrian trail as it currently exists in the field today. In order to accommodate a trail grade of 15% or less for FOR CRY COUNCIL AGEND H lc this alternative and alternative 1.B and 2. modifications to the entry at Malispina will be required, starting the trail in a more northerly position. These modifications at the entry will necessitate removal of trees and significant grading in this entry area. However, this alternative and Alternative 1.B involve less grading and visual impacts than Alternatives 2 . or 3 . The only grading that will be done will be that which is necessary to reduce the maximum grade of the trail to less than 15% and to provide small turnouts as necessary for safety. The trail width would be a minimum of 15 feet throughout. Alternative 1.B - This alternative utilizes most of the existing equestrian trail but shifts a large portion of the trail below the private residence most impacted by the trail (the Foresman's home) further away from the residence. As with all the alternatives, the trail will need to continue through the same route as the existing trail at the point of the "narrow throat" of property controlled by the City and/or Marbella. The "narrow throat" is illustrated in the diagrams. Again, as in 1.A, grading and tree removal will be required to reduce the maximum grade below 15 percent and provide necessary small turnouts. Overall, Alternative 1.B requires more grading and visual impact than 1.A since the trail is diverted further away from the private residence, however, the amount of grading and visual impact is significantly less than Alternatives 2 . or 3 . Alternative 2. - This alternative grades a new 15 foot wide road which runs separately from the equestrian trail except at the "narrow throat" where the road and equestrian trail would have to overlap. Road grade would be about as severe as Alternatives 1.A and 1.B and turnouts would be provided as necessary. This alternative is consistent with the natural contours of Lot B, but is long and will require significant more grading than the previous alternative. This alternative will result in substantially more scaring of the face of the hill. However, this alternative greatly reduces the potential for conflict between equestrian and vehicle use of the trail. Alternative 3. - This alternative involves the grading of a new 15 foot wide road from an access at Rancho Viejo Road through the Endevco site. This alternative provides the least severe road grades, follows closely the natural contours of the land and does not necessitate tree removal. This alternative minimizes potential conflict with equestrian use. However, as with the other alternatives, the road will have to overlap the equestrian trail at the "narrow throat" . This alternative provides perhaps the best design solution, but access through Endevco is presently not available. Alternative 4. - This alternative proposes the use of Marbella cart paths to access the existing equestrian trail beyond the portion of the trail which runs over Stoneridge property. This alternative provides minimal grading and visual impact but would extremely limit vehicle use and necessitate very tight control over any use. C. Conclusion and Recommendation - Alternatives 1.A, 1.B and 2. will have some very steep slopes for dirt roads (near 15%) and potential conflict with equestrian use. Vehicle use will have to be strictly limited and carefully controlled to insure we reduce the risk as much as possible. Any vehicle use will be by permit only and may necessitate the vehicle is accompanied by a City vehicle and/or be a four wheel drive vehicle. The three alternatives also involve tree removal and substantial grading at the Malispina trail entry in order to get the grade of the trail below 15%. Though Alternative 3 . may be the best overall design solution, the lack of access through Endevco makes the alternative presently infeasible. The severe restrictions on use that would accompany Alternative 4. greatly limits the value of this option. The smaller level of visual impact and the ability to move the existing trail further away from the private residence makes Alternative 1.B the most attractive of the feasible alternatives. Staff recommends that Fairway be required to design, grant appropriate easements and construct Alternative 1.B. Since, it might be possible to obtain access across Endevco at a latter date, staff also recommends that Fairway be required to provide a complete set of design plans, including geotechnical engineering, for Alternative 3 . and to dedicate a forty foot wide public access easement along the route of Alternative 3. COMMISSION/BOARD REVIEW 6 RECOMMENDATIONS: The Equestrian Commission and the Parks and Recreation Commission will review use and restrictions of the access road prior to construction. FINANCIAL CONSIDERATIONS: Adequate level of surety will be retained to insure construction of the preferred alternative. PUBLIC NOTIFICATION: Not applicable ALTERNATE ACTIONS: 1. The Fairway Properties Company be required to: a. ) design, grant appropriate easements and construct Alternative 1.B and, b. ) to provide a complete set of design plans, including geotechnical engineering, for Alternative 3 . and to dedicate a forty foot wide public access easement along the route of Alternative 3 . 2. The Fairway Properties Company be required to construct one of the other identified alternatives. 3 . Request additional information. -------------------------------------------------------------- -------------------------------------------------------------- RECOMMENDATION• By motion, direct staff to require that the Fairway Properties Company be required to: a. ) design, grant appropriate easements and construct Alternative 1.B and, b. ) to provide a complete set of design plans, including geotechnical engineering, for Alternative 3 . and to dedicate a forty foot wide public access easement along the route of Alternative 3 . -------------------------------------------------------------- -------------------------------------------------------------- Respectfull,y submitted, IS a o ough Assista City Manager KLEIN & STEIN ATTORNEYS AT LAW JERRY H. STEIN SUITE 3910 MICHAEL S. KLEIN TELEPHONE ONE CENTURY PLAZA 12131 556-8900 OF COUNSEL 2029 CENTURY PARK EAST TELECOPIER RICHARD A. WEISZ LOS ANGELES, CALIFORNIA 90067 12131 557-8438 February 2 , 1988 The City of San Juan Capistrano 32400 Paseo Adelanto BY FEDERAL EXPRESS San Juan Capistrano , California 92675 Attn: Anthony L. Bland, Mayor Re: Thomas; 30121 Hillside Terrace Dear Mr. Bland: This office represents Ammex Associates , Inc . , the owners of the property referred to above (the "Property" ) . We are advised by our clients that the Marbella Golf and Country Club (the "Club" ) is in the process of constructing a golf course and country club on property (the "Club Property" ) adjacent to the Property. We are advised by our clients that there is an easement (the "Easement" ) in favor of the City of San Juan Capistrano (the "City" ) only over the Property for equestrian purposes only as dedicated to the City on the tract map showing the Property. We are advised that the City has purported to grant the Club permission to enter the Property on the Easement for purposes of grading land. We are advised that , there is no easement recorded in favor of the Club over such Property. We are also advised that the language of the Easement contains no reference to grading , removal of fences or other physical alterations of the Easement. Despite these facts , we are advised that the City has pufported to grant the Club the right to enter on the Property and to: 1 . Physically remove a fence from the Property; 2. Commence and continue to grade on the Property without permission or consent from our client and despite our client 's protests ; 3. Advertise to the public that the Easement over the Property will be available to members of the Club for walking , jogging and equestrian purposes despite the specific language of the Easement. 1 MKGC21-1287 THMSDLT2 X DD�OirY RF r,�iVEO e17 �fTo���Y ��.P ii���w,c�SE FEB 9 VAR At law, a grant of easement in favor of one party does not constitute a grant in favor of another. The City cannot convey its rights to the Club or authorize anyone to do more than is permitted in the Easement itself. Entry onto the Property except pursuant to the Easement or with permission from our clients constitutes , among other things , trespass and may be grounds for termination of the Easement. The City is in substantial violation of the rights of our clients. Demand is hereby made: 1 . That such violations cease immediately; 2. That the Property be returned immediately to its condition as it existed prior to the commencement of your construction in this matter ; 3 . That you advise the Club to cease and desist from all construction immediately and to return the Property to its condition and to cease and desist from all advertising concerning the right of the members of the Club or anyone else to use the Easement for other than equestrian purposes. Unless these steps are taken immediately, we have been requested by our clients to commence appropriate legal action immediately. Please advise us immediately of the course of action which you propose to pursue so that we can take appropriate action to protect our client 's rights . Very truly yours , Michael S. Klein MSK/omb cc: Ammex Associates , Inc . Attn: Mr. and Mrs. W. Craig and JoAnne Thomas 2 MKGC21-1287 THMSDLT2 "City Copy" RECORDING RE UES* BY AND 87 56 Q RECO DING *"-S EXEMPT DUE TO WHEN RECORDED RETURN TO: GOVERNMENT CODE SECTION 6103 City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 M RYA HANOVER, City Clerk San Juan Capistrano, California PROJECT: Tract 12954 REIMBURSEMENT AGREEMENT FOR CONSTRUCTION OF RANCHO VIEJO ROAD THIS AGREEMENT, made pursuant to the provisions of Division 2 of Title 7 of the Government Code of the State of California, by and between the City of San Juan Capistrano, a Municipal Corporation, hereinafter called the "CITY" and Marbella Development Company, a California General Partnership, hereinafter called the "DEVELOPER", whose mailing address is: Marbella Development Company 33971 Selva Road, Suite 130 Laguna Niguel, California 92677 14' 1TNESSETH : WHEREAS, the CITY has heretofore adopted the Master Plan of Highways for San Juan Capistrano which establishes Rancho Viejo Road as a secondary arterial; and WHEREAS, in connection with the development of its land, DEVELOPER has applied for and was granted approval of Tract 12954 on condition that Rancho Viejo Road be improved from the northerly boundary of Tract 12954 to Junipero Serra Road; and WHEREAS, the DEVELOPER has agreed under certain conditions to be respon- sible for the design and construction of the improvements; and WHEREAS, the aforesaid mentioned facilities also benefit, or will benefit, other areas of development, and the DEVELOPER is entitled to reimbursement for a portion of those costs of construction. NOW, THEREFORE, in consideration of the premises and promises hereinafter contained CITY and DEVELOPER agree as follows: 1. Reimbursement - CITY agrees to reimburse the DEVELOPER sixty seven percent 67% of the design and construction costs of the improvements between the northerly boundary of Tract 12954 and Junipero Serra Road. The reimbursement shall take the following form: a. The Trabuco Creek Bridge requirement which requires DEVELOPER to pay a prorata share of bridge improvements in the amount of $114,196 shall be applied as a credit to DEVELOPER to satisfy the construction cost for Rancho Viejo Road. The bridge requirement shall therefore be deemed satisfied with this applied credit; b. A credit on a portion of the systems development fee shall be applied to the remaining balance of the two-thirds reimbursement provision of this paragraph. 9/10/87 Tract 12954 87-565079 Prior to approval by the City Engineer of the final costs, reasonable estimates of the work performed may be credited to Developer to be used as credits to the System Development Fee. 2. Costs of Improvements - Costs of improvements shall be defined as the actual cost of construction of Rancho Viejo Road off-site of Tract 12954 as approved by the City Engineer, plus fifteen percent (15%). The 15% shall cover all design, survey and construction management of the project. 3. Prior Construction - Should this section of Rancho Viejo Road be constructed by others prior to the construciton activities of the developer, the developer will be required to pay 33% of the actual costs of the design and construction. In addition to the 33%, the DEVELOPER will be responsible for the credit estended, at the approval of the Final Map, for the Trabuco Creek Bridge Improvement Fee ($114,196). This payment will be required within ten days following the call of the City. 4. Alterations A. The City Engineer of the City of San Juan Capistrano may make such changes, alterations or additions to the plans and specifications for said work and improvements which do not exceed ten percent (l0%) of the total estimated cost as may be determined necessary and desirable by him for the proper completion of said work and improvement or as required for the safety and welfare of the public and no such changes, alterations or additions shall relieve the developer from the faithful performance of this agreement. 5. Completion Date A. Developer agrees to complete all of said work and improvements within a period of 2 years from the date of this agreement. If additional time is needed, an extension may be granted by the City Engineer.en the thowing of good cause. Any such extension shall, however, be subject to all of the terms and conditions of this agreement, and any surety or other security shall continue in full force until the work and improvement has been accepted by the City. B. Developer agrees that City may, without any notice, and at its sole option, at any time after the time for completion has passed, complete, or cause to be completed, all or any part of the said work, and developer shall pay to said City, upon demand, all of the costs of any of said work done by the City, its agents and contractors, or any of them, to complete all or any part of said work. Subdivider hereby consents to entry on the subdivision property by the City and its forces including contractors in the event the City proceeds to complete and/or maintain the work. 6. Liability/Insurance A. In the event any action is brought to enforce or interpret the obligations of this instrument, the prevailing party shall be entitled to court costs and reasonable attorney fees. B. City, its officers and employees, except for their own acts shall not be liable or responsible for any accident, loss or damage happening or occurring to the improvements specified in this agreement prior to the completion and acceptance of said improvements by the City. 9/10137 87--:5650 Tract 12954 C. Developer shall perform all work in a safe workmanlike manner and shall take such precautions as may be necessary to warn and protect the public from any dangerous condition caused by the construction of said improvements. D. Developer shall hold City, its officers and employees harmless from any and all claims, demands, causes of action, liability or loss of any sort because of, or arising out of, the acts or omissions of the developer, his contractor, sub- contractors, agents or employees in the performance of this agreement. E. DEVELOPER shall maintain liability insurance in the amount of $1,000,000 combined single limit at all times during the life of this agreement, naming the CITY as a co-insured. 7. Guarantee and Warranty of Work - Developer guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one year from and after the City's acceptance of the work as completed in accordance with the Municipal Code. Developer agrees to correct, repair or replace at his expense any defects in said work. 8. No Waiver by Cit - Inspection of the work and/or materials, or approval of work and or materials, or statement by any officer, agent or employee of the City indicating that the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of the said work and/or materials, or payments therefor, or any combination of all of these acts, shall not relieve the Develqper of his obligation to fulfill this Agreement as prescribed; nor shall the City be thereby stopped from bringing any action for damages arising from failure to comply with any of the terms and conditions hereof. 9. No Assignments - Developer may not assign this Agreement to any third party without the consent of the City to such assignment. IN WITNESS WHEREOF, the parties have executed this agreement as of September 15, 1987 4 Date CITY SAN JUAN CAPISTRANO ANTHONY AND, MAYOR ATTEST: DFVELOPE& BY /6eA?R2Y AYN HANOV 'R, CITY CLERK 4A�2, e APPROV D AS TO FORM: BY Jon T. Brown, President The Fairway Lan Company 11106f 940 A General Partner Marbella Development Company J R. SHAW, CITY ATTORNEY 9 /87 see F r MEMBERS OF THE CITU COUNCIL ANTHONY L. BLAND LAWRENCE F. BUCHHEIM - linlo,roMv4 KENNETH E. FRIESS BptYIE 1961 GARY L. HAUSDORFER 76 PHILLIF R. SCHWARTZE 17 • CITY MANAGED STEPHEN 8 JULIAN September 11, 1989 Mr. Rick Avery Marbella Development Company 33971 Selva Road, Suite 130 Laguna Niguel, California 92677 Re: Reduction of Bonds, Tract 12954 (Marbella) Dear Mr. Avery: At their regular meeting held September 5, 1989, the City Council of the City of San Juan Capistrano considered your request to reduce the bond amount for public improvements and private roadways based on completion of work. Council authorized the Director of Public Works to accept a reduction of each bond as set forth in the Septmeber 5, 1989, Agenda Item. If you have any questions, please do not hesitate to call. Very truly yours, Mary Ann anover, CMC City Clerk MAH/cj cc: Director of Public Works Mission Hills Homeowners Association Stoneridge Estates Hunt Club Community Association Joan Voller Robert Foresman Aminta Limited Partnership Malaspina Homeowners Association 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 499-1171 RESOLUTION NO. 89-9-5-6. APPLICANT FOR GRANT FUNDS - TRABUCO CREEK EOUESTRIAN(BICYCLE BRIDGE - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE TRAIL GRANT PROGRAM UNDER THE CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT OF 1988 The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, Friess, and Mayor Hausdorfer NOES: None ABSENT: None --->4 . REDUCTION OF BONDS, TRACT 12954 (MARBELLA) (600. 30).�< — Written Communication: Report dated September 5, 1989, from the Director of Public Works, noting the request by Fairway Land Company, developer of Tract 12954 (Marbella) , to reduce the bonds for public improvements and private roadways based on the high percentage of work completed. Approval of Bond Reduction: It was moved by Councilman Schwartze, seconded by Councilman Buchheim, and carried by a 4-0 vote, that the Director of Public Works be authorized to accept a reduction of each bond for Fairway Land Company for Tract 12954 (Marbella) . Councilman Friess abstained. DIRECTOR OF COMMUNITY SERVICES 1. GRANT APPLICATION FOR COOK PARK/LA NOVIA. COOK PARK/DEL CAMPO, AND ACU CANYON PARK (920.40) Written Communication: Report dated September 5, 1989, from the Director of Community Services, submitting the priority list for park renovation, noting $71,000 in funds through the Per Capita Grant Program. Adoption of Resolution: It was moved by Councilman Schwartze, seconded by Councilman Buchheim, that the following Resolution be -17- 9/5/89 AGENDA ITEM September 5, 1989 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Reduction of Bonds, Tract 12954 (Marbella) SITUATION The Fairway Land Company, developer of the above-referenced tract, has requested their sureties (Bonds) for the public improvements and private roadways be reduced based on completion of work listed below. Staff recommends a reduction of bonds as a great percentage of work has been completed. Bond # Amount Purpose Cost to Complete 100644 $1.840,000 Horno Creek $12,000 Performance, Labor & Material 100647 95,000 Equestrian Fence 5,000 Performance, Labor & Material 100648 721,011 Private Street. Phase I 451.000 Performance Only 100652 217,577 Private Street, Phase II 30,000 Performance Only 100656 1691.889 Private Street, Phase III 25,000 Performance Only 100659 526,523 Private Street, Phase IV 50.000 Performance Only 100649 397,353 Private Storm Drain, Phase I 5,000 Performance Only 100653 79,504 Private Storm Drain, Phase Ii 2,500 Performance Only 100657 1931.143 Private Storm Drain, Phase 111 2,500 Performance Only 100654 $183,085 Public Storm Drain, Phase II $1,000 Performance, Labor & Material FOR CITY COUNCIL AGENDw r AGENDA ITEM • September 5, 1989 Page 2 Sureties/Bonds, Continued Bond # Amount Purpose Cost to Complete 100651 160,395 Public Sewer, Phase I 10,000 Performance, Labor & Material 100655 119,730 Public Sewer, Phase iI 10,000 Performance, Labor & Material 100658 179,875 Public Sewer, Phase III 10,000 Performance, Labor & Material Fairway Land Company has indicated that their bonding company will provide the necessary documentation for the bond reduction following the Council action. NOTIFICATION Mr. Rick Avery, Fairway Land Company All Property Owners Within Marbella Development Adjacent Property Owners and Homeowner Associations COMMISSION/BOARD REVIEW, RECOMMENDATIONS None FINANCIAL CONSIDERATIONS None. The proposed bonding will cover any work not yet complete. ALTERNATE ACTIONS 1. Approve reduction of the bond amounts. 2. Do not approve reduction of the bond amounts. 3. Request additional information from staff. RECOMMENDATION By motion, authorize the Director of Public Works to accept a reduction of each bond as set forth in the Staff Report. Respectfully submitted, W. D. Murphy WDM/RAF:nb MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCEF. UC HHEIM VENN ETM EB . FRIESS rd e.uHiB51GARY L. HAUSDORFER 176 PHILL IP R. SCHWARTZE B' • CITY MANAGER STEPHEN B JULIAN September 22, 1987 Jon Brown The Fairway Land Company 33971 Selva Road, Suite 200 Laguna Niguel, California 92677 Re: Surety Agreement for Grading, Landscaping, and On-Site Improvements; S divisio Im rovement A reement• Reimbursement Agreement; and Final Ma2 Tract-12954 The Marbella Development Company Dear Mr. Brown: The City Council of the City of San Juan Capistrano at its regular meeting held September t 5, 1987, took the following actions: 1. Approved the Surety Agreement for Grading, Landscaping, and On-Site Improvements for Tract 12954. 2. Approved the Subdivision Improvement Agreement for Tract 12954. 3. Approved the Reimbursement Agreement for Tract 12954. 4. Approved the Final Map for Tract 12954 with three modifications to the Tentative Map involving utilization of Lot B and the deferral of the Sewer and Agricultural Preservation Fees. A copy of each of the above-mentioned Agreements is enclosed for your information. The City's copies of these Agreements have been forwarded to the County for recording. 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493.1171 Jon Brown The Fairway Land Company September 22, 1987 -2- Thank you for your cooperation. if we can be of further assistance, please call. Very truly yours, Mary Ann H over, CMC- City MCCity Clerk MAH/mac Enclosures cc: Director of Community Planning and Development The Keith Companies Leighton & Associates Robert Foresman Joseph P. Sokol John D. Pollak TR Harold E. Christensen TR Robert B. Honeyman, Jr. Richard B. Kramer Chun My ung Choi Edwin L. Ryan Romarco Realty Corporation William W. McKinley Coral Properties Maurer/Elliott Construction Company Lawrence Buchheim Aminta N.V. Malaspina Homeowners Association Hunt Club Community Association Stoneridge Estates Homeowners Association Mission Hills Ranch Homeowners Association : . � mow► � IMMM will Ij MS ,if • � � ���` ���f � ' .���/�', Wit, � � It . r MEMORANDUM TO: Tony Foster, Assistant Engineer FROM: Dawn Marie Schanderl, Records Coordinator DATE: March 10, 1988 SUBJECT: Listing of Marbella Bonds (Tract 12954) (l) Bond No. 100651 - Public Sewer Improvements, Phase [ Subdivisio Faithful Performance and Labor and Material (2 copies each) - $160,390. (2) Bond No. 100655 - Public Sewer Improvement's, Phase 11 Subdivision Faithful Performance and Labor and Material (2 copies each) - $119,730.00. (3) Bond No. 100658 - Public Sewer Improvements, Phase 111 Subdivision Faithful Performance and Labor and Material (2 copies each) - $179,875.00. (4) Bond No. 100650 - Public Storm Drain Improvements - Phase 1 Subdivision Faithful Performance and Labor and Material (2 copies each) - $81,915.00. (5) Bond No. 100654 - Public Storm Drain Improvements - Phase 11 Subdivision Faithful Performance and Labor and Material (2 copies each) $183,085.00. (6) Bond No. 100647 - Equestrian Fencing Subdivision Faithful Performance and Labor and Material (2 copies each) $95,000.00. 7-W • Listing of Bonds, Marbella -2- March 10, 1988 Tract 12954 (7) Bond No. 100649 - Private Storm Drain Improvements - Phase I Performance Bond (2 copies) $397,353.00. (8) Bond No. 100653 - Private Storm Drain Improvements - Phase 11 Performance Bond (2 copies) $79,504.00. (9) Bond No. 100657 - Private Storm Drain Improvements - Phase III Performance Bond (2 copies) $193,143.00. (10) Bond No. 100646 - Public Street Improvements outside Tract 12954 Subdivision Faithful Performance and Labor and Material (2 copies each) $95,000.00. 01) Bond No. 100645 - Public Street Improvements within Tract 12954 Subdivision Faithful Performance and Labor and Material (2 copies each) $205,000.00. (12) Bond No. 100648 - Private Street Improvements - Phase I Performance (2 copies) $721,011.00. (13) Bond No. 100652 - Private Street Improvements - Phase II Performance (2 copies) $217,577.00. (14) Bond No. 100656 - Private Street Improvements - Phase III Performance (2 copies) $169,889.00. (15) Bond No. 100659 - Private Street Improvements - Phase IV Performance (2 copies) $526,523.00. (t 6) Bond No. 100643 - Subdivision Monuments Faithful Performance (2 copies) $44,000.00 (17) Bond No. 100644 - Horno Creek Channel Improvements Performance (2 copies) $1,840,000.00. Tony, please let me know if we have all the required bonds. Thanks! CONSENT CALENDAR It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Councilmen Friess, Buchheim Hausdorfer, and Mayor Bland NOES: None ABSENT: Councilman Schwartze 1. APPROVAL OF WARRANTS (300.30) The List of Demands dated December 31, 1987, Warrant Nos. 5,381-5,699, in the total amount of $788,462.44, was approved as submitted. 2. CITY TREASURER'S REPORT OF INVESTMENTS (350.30) The City Treasurer's Report of Investments as of December 31, 1987, in the total amount of $14,295,937.50, was approved as submitted. 3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES (345.60) The City Treasurer's Report of 1911 Act Bond Delinquencies as of December 31, 1987, in the total amount of $33.24, was approved as submitted. 4. CITY TREASURER'S REPORT OF CASH FUND BALANCES (330.50) The City Treasurer's Report of Cash Fund Balances as of October 31, 1987, in the total amount of $288,227.71, was approved as submitted. 5. REPORT OF EQUESTRIAN COMMISSION ACTIONS (930.40) The Report dated January 19, 1988, from the Secretary of the Equestrian Commission, regarding actions taken at the meeting of January 11, 1988, was ordered received and filed. 6. REPORT OF PLANNING COMMISSION ACTIONS (440.40) The Report dated January 19, 1988, from the Secretary of the Planning Commission, regarding actions taken at the meeting of January 12, 1988, was ordered received and filed. 7. APPROVAL OFR VI ED FINAL MAP TRACT 12954 -�� MARBELLA 600.30 420.40 As set forth in the report dated January 19, 1988, from the Director of Public Works, Revised Final Map, Tract 12954, adding minor adjustments in grading and lot boundaries within the tract, was approved for recording. The City Clerk and City Engineer were authorized the execute the Final Map on behalf of the City. -2- 1/19/88 A reement for Grading, Landscaping, and On-Site Improvement cluf ding Golf Cou Thi Mayor and City Clerk were authorized to ex the Agreement for M= to range County Recorder. Dust Control Program: It was moved by Councilman ss, s ed by Councilman Hausdorfer and unanimously carried with ncilman Buchheim a to direct the Director of Community Plannin Development to meet with Mr. Fore nd the developer to develop an ropriate dust control program that will be acceptable arties. DIRECTOR OF PUBLIC WORKS 1. APPROVAL OF SUBDIVISION 1'iPROVEMENT AGREEMENT REIMBURSEMENT AGREEMENT AND FINAL MAP TRACT 12954 THE MARBELLA DEVELOPMENT COMPANY 600.30 Written Communications: Report dated September 15, 1987, from the Director of Public Works, advising that the Final Map for Tract 12954 had been found to be in conformance with the Subdivision Map Act and all conditions of approval which were to have been implemented prior to approval of the Final Map were completed. The report set forth staff recommendations regarding major issues that had been addressed during development review, which included: (1) Acceptance of Lot B, related easements and improvements in lieu of the Park and Recreation fees; (2) Acceptance without compensation of a site on the west side of Rancho Viejo Road for public institutional purposes; (3) Approval of a Reimbursement Agreement for construction of Rancho Viejo Road improvements between the northerly tract boundary and Junipero Serra Road; (4) Deferral of payment of sewer hook-up fees to coincide with the intended construction schedule, since the project is controlled by a growth allocation schedule; (5) Deferral of Agricultural Preservation fees until issuance of building permits, since the project is controlled by a growth allocation schedule. Approval of Agreements/Final Map: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried with Councilman Buchheim absent to approve the Subdivision Improvement Agreement, the Reimbursement Agreement, and Final Tract Map 12954 with the following modifications: (1) Acceptance of Lot B, related easements and improvements in lieu of Park and Recreation fees; (2) Waiver of the payment of Sewer and Agricultural Preservation Fees at this time, subject to the payment schedule in the Subdivision -9- 9/15/87 Improvement Agreement, pursuant to the provisions of Section 9-2.317 of the Municipal Code. The Mayor and City Clerk were authorized to execute the agreements on behalf of the City for forwarding to the Orange County Recorder. ORDINANCES X OF AMENDMENTS TO CHAPTER 2, T1TLE, 4 OF THEL CODE - 1985 EDITION OF THEUNIFORM FIRE CODEmmunications: d September 15, 1987, from the City Clerk, advisin that the Ordinance ced at the meeting of September 1, 1987, a was scheduled for adoption. Ado tion of Or ance: The City Attorne ead the title of the Ordinance nex in order. Further reading of all Ordinances had en waived earlier in the meetin . It was moved by Councilman Hausdorfer, seconded y Councilman Schwartze at the following Ordinance be adopted: ORDINANCE NO. 60 ADOPTION OF HE 1985 EDITION OF THE UNIFORM FIRE DE - ANO (NANC OF THE CITY OF SAN JUAN CAPIS ANO, ALIFORNIA, AMENDING CHAPTER 2, "FIRE PRE NTIO OF TITLE 4, "PUBLIC SAFETY," RELATING TO ADOPTION OF THE 1985 EDITION OF THE UNIFORM Fl CODE The motion carried by the followi vote: AYES: Councilmen S wartze, Fries Hausdorfer, nd Mayor Bland NOES: None ABSENT: Cou iiman Buchheim Councilman Buchheim turned to the Chamber and resumed his ties. 2. ADOPTION OF MENDMENT TO SECTION 9-3.423.3 OF THE S NICIPAL CODE - FAR MARKET DISTRICT CHRISTIANSENS VERMEUL 460.30) Written mmunications: Report ted September t5, t987, from the City Clerk, advising that t Ordinance was i roduced at the meeting of September 1, 1987, and was sch uled for ;adop ton. o tion of Ordinance: he City Attorney read the title of the Ordinance next in order. Further reading f all Ordinances had been waived earlier in the meeting. It was moved by Councilma -10- 9/15/87 AGENDA ITEM September 15, 1987 TO: Stephen B. Julian, City Manager FROM: u D. Murphy, Director of Public Forks SUBJECT: Approval of Subdivision Improvement Agreement, Reimbursement Agreement and Final Map Tract 12954 (The Marbella Development f Company) SITUATION Final Map Tract 12954 has been reviewed and checked by the Engineering Division Staff and is submitted for City Council consideration. The Final Map has been found to be in conformance with the Subdivision Map Act. The conditions included in approving Tentative Tract Map 12954, as adopted by the City Council on June 2, 1987, that were required to be implemented prior to final map have been completed and reviewed by Staff. The major issues that have been addressed during development review and Staff's recommendations are as follows: 1. Community Use of Lot B The Developer, in lieu of an access easement for community use, has offered Lot B (approximately 50 acres) as a City park site in fee simple. The City Council at their determination may, based upon the City Code Section 9- 4.307(b), accept the dedication of this land in lieu of the required fees. In addition to Lot B, the Developer will grant an access easement forty feet (40') in width between Lot B and Rancho Viejo Road. It is recommended that Lot B, related easements and improvements be accepted in lieu of the Park and Recreation fees. 2. Fire Station Site The Developer has provided a site on the west side of Rancho Viejo Road that will be dedicated to the City for public institutional purposes to the City. This dedication will be accepted by the approval of the Final Tract Map. It is recommended that the site be accepted from the Developer without compen- sation. 3. Rancho Viejo Road In lieu of participating in the construction of the improvement of Rancho Viejo Road, the Developer will agree to construct the roadway and accept a reimbursement agreement for the cost over and above the 33% obligation of the improvement. The reimbursement will be given to the Developer as a waiver of his obligation to pay the Trabuco Creek Bridge fee obligation and credits for future system development fees. It is recommended that the reimbursement agreement for Rancho Viejo Road (attached) be accepted. ef` r,c : Agenda eptem Item . • ' September 15, 1987 Page 2 4. Deferral of Portions of the Sewer Fee Since the project is controlled under a growth management allocation schedule, staff is recommending that a phased payment schedule be implemented to comply with the intended construction schedule. The schedule would require that the Developer be authorized to defer payment of the sewer hook-up fees to December 1 of the year prior to allocation year, i.e., those units allocated for 1988 (150 units), the fees would be due and payable prior to December 1, 1987. Further, should the Developer default, all deferred fees would be called. 5. Deferral of the Agricultural Preservation Fee Staff is recommending that fees for Agricultural Preservation also be deferred. It is recommended that, since these units are also under a growth allocation schedule, the fees be deferred until the issuance of the building permits, payable with other required fees. In addition to these issues, conditions that require implementation have been reviewed by Staff and will be completed at later stages of development. The majority of these issues have been included in the Subdivision Improvement Agreement and have been financially guaranteed or are related to future approvals of the City; i.e. building permits, development reviews. The items to be completed at a later date are: a. (1) Home Warranty b. (6) Landscaping Installation C. (7) Landscaping Maintenance and Maintenance Easements d. (13) Soil Subsidence Program e. (16) Access to Specific Plan Development District f. (17) Horno Creek g. (28) Development Review of Future Plans h. (30) Archaeological/Paleontological Resources i. (31) Plumbing Design Fixtures j. (35) Minimum Maintenance of Golf Course NOTIFICATION Property-Owner/Developer; Project Engineer; Adjacent Homeowners Associations; Adjacent Property Owners COMMISSION/BOARD REVIEW, RECOMMENDATIONS Project has been reviewed and approved by the Environmental Review Board, and Equestrian, Traffic and Transportation, and Planning Commissions. The CC be R's have been approved by the City Attorney and reviewed by the Engineering Division and the Community Planning and Development Department. The Parks and Recreation Commission at their meeting of March 16, 1987 moved to forward a recommendation to City Council to approve a 50 percent partial credit for the payment of park fees. This recommendation was based upon developer statements that the future residents of this development would have access/use to the club house and recreation facilities. This privilege is not proposed at this time by the developer. Agenda ]tem • • ' September 15, 1987 Page 3 FINANCIAL CONSIDERATIONS Based upon the modifications to the park dedication requirement and the deferral of the Sewer and Agricultural Preservation Fees, all fees and bonds have been posted as required by the Subdivision Improvement and Reimbursement Agreements. ALTERNATE ACTIONS 1. Approve the Subdivision Improvement Agreement, the Reimbursement Agreement and Final Map Tract 12954, with three suggested modifications involving the park site and the deferral of the Sewer and Agricultural Preservation Fees. Under the provisions of Section 9-2.317, waive the payment of Sewer and Agricultural Preservation Fees at this time, subject to the payment schedule in the Subdivision Improvement Agreement. 2. Approve the Subdivision Improvement Agreement, the Reimbursement Agreement and Final Map Tract 12954 without modifications to the conditions on required payment of fees. 3. Request further information from Staff. RECOMMENDATION By motion, approve the Subdivision Improvement Agreement, Reimbursement Agreement and Final Map Tract 12954, with three suggested modifications to the Tentative Map approval involving the utilization of Lot B and the deferral of the Sewer and Agricultural Preservation Fees. Under the provisions of Section 9-2.317, waive the payment of Sewer and Agricultural Preservation Fees at this time, subject to the payment schedule in the Subdivision Improvement Agreement. Direct the Mayor and City Clerk to execute the Subdivision Improvement and Reimbursement Agreements, and direct the City Clerk and City Engineer to execute the Final Map. Additionally, direct the City Clerk to record all the above documents. Respectfully submitted, W. D. K urp�� WDM:RAF:kjs RECORDING REQUESTAY AND RECORDING FE0EXEMPT DUE TO WHEN RECORDED RETURN TO: GOVERNMENT CODE SECTION 6103 City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 MARY ANN HANOVER, City Clerk San Juan Capistrano, California PROJECT: Tract 12954 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made pursuant to the provisions of Division 2 of Title 7 of the Government Code of the State of California, by and between the City of San Juan Capistrano, a Municipal Corporation, hereinafter called the "CITY" and Marbella Development Company, a California General Partnership, hereinafter called the "DEVELOPER", whose mailing address is: Marbella Development Company 33971 Selva Road, Suite 130 Laguna Niguel, California 92677 WITNESSETH : WHEREAS, the CITY has conditionally approved Tentative Tract No. 12954 per Resolution No. 87-6-2-8; and WHEREAS, DEVELOPER desires to postpone the completion of the public and/or private improvements up to 2 years after the CITY's approval of the Final Map; and WHEREAS, in consideration of the CITY's approval of the request for postponement, DEVELOPER has agreed to provide such security as may be required by CITY to guarantee that all improvements for Tentative Tract No. 12954 will be installed in a timely manner. NOW, THEREFORE, in consideration of the premises and promises hereinafter contained CITY and DEVELOPER agree as follows: DEVELOPER shall, at its sole cost and expense, provide and furnish all labor, materials and equipment for the installation of improvements for Tract 12954 shown on the Improvement Plans and Specifications approved by the CITY; all such plans and specifications are on file in the office of the City Engineer and are incorporated herein by reference. "Improvements" shall include the following: I. Traffic and Circulation Improvements A. Rancho Viejo Road 1. Within Tract 12954 9/10/87 -1- • PROW Tract 12954 a. Dedications - All right of way (84' width except at intersections) necessary for the ultimate development of Rancho Viejo Road in accordance with the General Plan. b. Design - All improvements necessary for ultimate development per General Plan requirements for a secondary roadway shall be in accordance with Municipal Code Section 9-4.103. Improvements shall include all traffic signage, striping, markings, left turn pave- outs and other standard appurtenances. c. Construct - All improvements required for the ultimate development of the right-of-way to secondary standard. Development to secondary standard includes all traffic signage, striping, markings and other standard appurtenances. d. Financial Obligations - The DEVELOPER shall be responsible for 100% of all costs associated with "a", "b", and "c" above. 2, Outside of Tract 12954 Northerly a. Dedications - The City of San Juan Capistrano shall acquire any rights-of-way necessary for the construction of Rancho Viejo Road beyond the boundaries of Tract 12954. b. Design - All improvements necessary for ultimate development per General Plan requirements for a secondary roadway shall be in accordance with Municipal Code Section 9-4.103. Improvements shall include all traffic signage, striping, markings, left turn pave- outs and other standard appurtenances from the northerly tract boundary to Junipero Serra Road. c. Construct - All improvements required for the ultimate development of the right-of-way to secondary standard. Development to secondary standard includes all traffic signage, striping, markings and other standard appurtenances from the northerly tract boundary to Junipero Serra Road. d. Financial Obligations - The DEVELOPER shall be responsible for the design and construction of the improvements, and shall be entitled to reimbursement from the CITY for 67% of the design and construction cost of the improvements between the northerly tract boundary and Junipero Serra Road. Reimbursement will be from deferred fees and credits to the System Development Fee. The DEVELOPER and the CITY shall enter into a reimbursement agreement covering the terms and conditions for reimbursement on the improvement of Rancho Viejo Road (copy attached). e. Prior Construction - Should this section of Rancho Viejo Road be constructed by others prior to the construction activities of the DEVELOPER, the DEVELOPER will be required to pay 33% of the actual costs of the design and construction. In addition to the 33%, the DEVELOPER will be responsible for the credit extended at the approval of Final Map for the Trabuco Creek Bridge Improvement Fee ($114,196). This payment will be required within ten days following the call of the CITY. 9/10/87 -2- • PROOT Tract 12954 B. Private Streets - The private streets shall be designed and constructed in accordance with Section 9-4.103 of the Municipal Code. C. Traffic Signals 1. Rancho Viejo Road and Street "A" a. Design - Prepare full plans and specifications for signal system, including interconnect system to the City Master Control System to the satisfaction of the City Engineer. b. Construct - Install the approved signal system at Rancho Viejo Road and Street "A" with a schedule to be approved by the City Engineer. c. Financial Obligations - The DEVELOPER shall be responsible for advancing the necessary funds for the design and installation of the signal system. 2. Rancho Viejo Road and Junipero Serra Road a. Financial Obligations - DEVELOPER shall be responsible for making a financial contribution equal to 19% of the design and construction costs of this improvement. This cost is $23,750. DEVELOPER's financial contribution shall be paid prior to approval of final map for Tract 12954. D. Trabuco Creek Bridge Improvements 1. Financial Obligations - The DEVELOPER shall be required to make a financial contribution to the future improvement of the bridge over Rancho Viejo Road at Trabuco Creek equal to 6.9% of the design and construction costs of the bridge and necessary roadway transitions. DEVELOPER's share is $114,196. DEVELOPER's contribution shall be deferred and the funds utilized for the improvement of Rancho Viejo Road. Il. Sanitation - The applicant shall construct a public sewer line to connect with the existing line located in Horno Creek Road within Tract 6381 (Stoneridge) to the existing line in Rancho Viejo Road in addition to the sanitary system necessary to serve all properties within the tract boundary. Ill. Drainage - The applicant shall satisfy the following conditions regarding drainage: A. The applicant shall submit a final grading plan and hydrology calculations prepared by a registered civil engineer with submittal of street improvement plans and/or final map. The extent of topography of the grading plan shall be sufficient to determine drainage impacts to adjacent properties. B. The applicant shall furnish a storm run-off study showing exiting and proposed facilities and the method of draining the area of the subdivision and any tributary areas without exceeding the capacity of any on-site or off-site street. 9/10/87 -3- • PROOT Tract 12954 C. Drainage facilities shall be provided with necessary easements, where required. All facilities shall be designed in accordance with the Master Plan of Drainage and Municipal Code standards. D. Any connections to City storm drains from private on-site drains shall be approved by the City Engineer. A recorded license agreement is required for private storm drain connections to City facilities. E. Private on-site storm drains shall be maintained by the homeowners' association as provided in the CC&R's. IV. Geotechnical Study - A geotechnical feasibility study shall be completed to determine the seismic safety and soils stability of all proposed grading and development within the project. The report shall be reviewed and approved by the City Engineer and the Building Official prior to approval of a final map. Development of all areas in the tract shall be subject to any remedial grading required by the Building Official as a result of the geotechnical study. V. Unlit Easements - All utility easements shall be identified as public utilities Mi sewer, electrical, telephone, etc.) or storm drain. VI. Equestrian Trail A. Width of the equestrian trail easement shall be a minimum of 20 feet. B. Dedication, design, and construction of the equestrian trail shall be in accordance with Section 9-4.106 of the Municipal Code. Said standard improvements shall include restricted trail entries per the adopted Equestrian/Hiking Trail Design Manual at all street intersections. C. The following provisions shall be included within the CC&R's for the subdivision: 1. Provision for maintenance of all equestrian trails by the homeowners' association. 2. Provision requiring prior CITY approval of any amendment to the CC&R's that will, in any manner, affect the integrity of the equestrian trail system or its level of maintenance. 3. Provision requiring that all tract maintenance conform to the "Maintenance Standards" as per the City's adopted "Equestrian/Hiking Trail Design Manual." 4. Provision within the CC&R's that gives the CITY the right to assume maintenance of the equestrian trails if the CITY determines, after a duly noticed hearing, that the homeowners' association has not maintained the equestrian trail at the minimum standards per the adopted Equestrian/Hiking Trail Design Manual. Further, if the CITY assumes maintenance of the trail system, all costs, including administrative, shall become a lien on each residential lot within the subdivision. 9/10/87 -4- • PROW Tract 12954 VII. Bikeway Improvements - The applicant shall dedicate and improve the grade separated General Plan Bikeway per Section 9-4.106 of the Municipal Code adjacent to Street "A". The DEVELOPER shall execute an agreement with the CITY for maintenance provisions prior to approval of Final Map. VIII. Street Lights - The applicant shall furnish and install High Pressure Sodium street lights with Mission Bell fixtures on marbelite poles per City standards on City streets. The applicant shall pay applicable advanced energy fees as required by the City Engineer. The applicant shall install a street light system on private streets in accordance with City Code Section 9.418. IX. Soils Subsidence Program - A mutually agreed upon soils subsidence consultant shall evaluate the geotechnical and grading program to determine the necessity for implementation of a soils subsidence Planning and Development. A report shall be submitted with recommendation to the City Council on whether a soils subsidence program should be prepared and implemented for the project. If it is determined that said program is required, the DEVELOPER shall implement a soils subsidence program for all residential lots. The soils subsidence program shall be submitted to and approved by the Director of Community Planning and Development prior to issuance of residential building permits excepting model home complexes. However, in no instance shall final certificates of Use and Occupancy be issued for the model homes until said program is executed. X. Arborculturalist - The landscape plan shall be reviewed by an arborculturalist to evaluate the survival and maintenance of trees and shrubs upon maturity. A report shall be submitted to the Director of Community Planning and Development with findings and recommendations. The Director may use that report to modify the approved landscape plan. X1. Construction Access and Phasing - The DEVELOPER, prior to issuance of any permits, shall submit a haul route, construction access and phasing program to the Directors of Community Planning and Development and Public Works for review and approval. Said plan shall depict the extent of grading and public improvements which are to be constructed for each separate phase of development. Furthermore, the DEVELOPER shall provide and utilize a separate haul route and construction access road other than the Street "A" following the initial phases of construction. XII. Development Review of Future Plans - Subsequent site plans and other land use or zoning reviews will be required for the various components of this tentative tract pursuant to Municipal Code Section 9-2.305, Comprehensive Development Plan 86-4, and Council Policy No. 403. These reviews will include, but not be limited to, Site Plans for business park, and other non-residential uses, and all residential with a net density of 8 units per acre or more; and shall be submitted to the Architectural Board of Review for recommendations to the Planning Commission (Section 5.2.5 of CDP 86-4). Furthermore, all residential development with a net density less than 8 units per acre is to be reviewed by the Planning Commission in accordance with Section 5.2.6 of CDP 86-4. Any modifications that result in substantial changes to the map shall require a public hearing and approval by the City Council. 9/10/87 -5- • PROOT Tract 12954 XIII. Archaeological/Paleontological Resources - If previously unknown resources are discovered during construction, the CITY shall be immediately notified by the on-site archaeologist or paleontologist. Recovery operations shall be conducted in accordance with the City's adopted guidelines for recovery of said resources. XIV. Fees (All fees to be calculated based upon standard rates at time of payment.) A. Fees paid prior to the approval of the final map: 1. Drainage - DEVELOPER to pay standard fee for total development. 2. Sewer - DEVELOPER to pay standard fee for 1987 allocation (20 units). 3. Plan Check and Inspection for Public Improvements 4. Parks and Recreation - Park Dedication in Lieu B. Deferred Fees 1. Sewer - DEVELOPER to pay standard fee on units as noted. 1988 Allocation 150 Units Due 12/1/87 1989 Allocation 130 Units Due 12/1/88 1990 Allocation 47 Units Due 12/1/89 2. Sewer-Commercial - Initial phase fee of $101,860 shall be due at issuance of building permits or December 1, 1987, whichever occurs first. 3. Agriculture fee shall be deferred and be due at the issuance of building permits. 2. Should any of the fees not be paid on the appropriate due date, all deferred fees will then be due and payable prior to the CITY processing or issuing any permits. C. Fees payable prior to the issuance of the building permits: 1. Agriculture Preservation - Pay Standard Fee 2. Transportation Corridor - Pay Standard Fee 3. Systems Development - Pay Standard Fee D. Fees payable to other agencies: 1. Water - Required water fees from Capistrano Valley District per payment plan approved by District. 2. School - DEVELOPER to pay standard fee. 9/10/87 -6- • PROOT Tract 12954 XV. Community Access - The applicant shall implement a program acceptable by the Planning Commission and City Council for limited automobile access whereby City of San Juan Capistrano residents may enter the project for viewing the golf course and Horno Creek. XVI. Emergency Access - The DEVELOPER shall design and construct an emergency access to Tract 11753 (Hunt Club Phase II). Said design to be reviewed and approved by the City Engineer and the Orange County Fire Marshall. XVII. Lot B - Lot B, approximately 50 acres, which includes Helicopter Hill, shall be granted to the CITY as fulfillment of the Parks and Recreation Fee requirement. In addition, the DEVELOPER will prepare and execute easement documents for a forty foot (40') easement from Rancho Viejo Road to Lot B to the satisfaction of the City Engineer. In addition, the DEVELOPER will grade the access road and provide utilities to the plateau area of Lot B to the approval of the City Engineer. The CITY will grant use of the existing water tower by a license agreement to provide the DEVELOPER the ability to use and maintain said facility. CITY agrees that the DEVELOPER shall have the right to review plans for the use or development of Lot B. CITY agrees to use Lot B for compatible Park and Recreation and/or open space uses consistent with Municipal and State law. XVIII. Fire Station - The DEVELOPER shall grant to the CITY Lot 211 in fee simple for public institutional purposes without consideration. XIX. Minimum Maintenance of Golf Course - The DEVELOPER shall enter into either an agreement, or include in the CC&R's, standards for maintenance of the golf course and support buildings in a healthy and safe appearance consistent with plans and documents to be approved by the CITY. Any modifications to said agreement will require review and approval by the City Council. XX. Sureties A. DEVELOPER shall provide the following surety, all of which shall meet the requirements of Chapter 5, Division 2, Title 7 of the Government Code: 1. A faithful performance surety in an amount equal to the total estimated cost of the off-site improvements which will not be dedicated to the CITY but will be inspected by City personnel. 2. A faithful performance surety equal to the total estimated cost of work and improvements to be dedicated to the CITY. 3. A labor and materials surety equal to the total estimated cost of work and improvements to be dedicated to the CITY securing payment to the contractor, any subcontractors and persons providing equipment, labor and/or materials for and/or account of such improvements. 4. A Faithful Performance - Public Work Surety equal to 100% of the monumentation costs. 9/10/87 -7- • PROOT Tract 12954 B. The surety bonds shall provide that CITY, as beneficiary, shall be entitled to attorney's fees in the event that CITY is required to bring legal action to enforce the terms of the surety. XXI. Alterations A. The City Engineer of the City of San Juan Capistrano may make such changes, alterations or additions to the plans and specifications for said work and improvements which do not exceed ten percent (10%) of the total estimated cost as may be determined necessary and desirable by him for # the total estimated cost as may be determined necessary and desirable by him for the proper completion of said work and improvement or as required for the safety and welfare of the public and no such changes, alterations or additions shall relieve the DEVELOPER from the faithful performance of this agreement. XXII. Completion Date A. DEVELOPER agrees to complete all of said work and improvements and to pay all costs specified herein within a period of 2 years from the date of this agreement. If additional time is needed, an extension may be granted by the City Engineer on the showing of good cause. Any such extension shall, however, be subject to all of the terms and conditions of this agreement, and any surety or other security shall continue in full force until the work and improvement has been accepted by the CITY. B. DEVELOPER agrees that CITY may, without any notice, and at its sole option, at any time after the time for completion has passed, complete, or cause to be completed, all or any part of the said work, and DEVELOPER shall pay to said CITY, upon demand, all of the costs of any of said work done by the CITY, its agents and contractors, or any of them, to complete all or any part of said work. Subdivider hereby consents to entry on the subdivision property by the CITY and its forces including contractors in the event the CITY proceeds to complete and/or maintain the work. XXIII. Liability/Insurance A. In the event any action is brought to enforce or interpret the obligations of this instrument, the prevailing party shall be entitled to court costs and reasonable attorney fees. B. CITY, its officers and employees, except for their own acts shall not be liable or responsible for any accident, loss or damage happening or occurring to the improvements specified in this agreement prior to the completion and acceptance of said improvements by the CITY. C. DEVELOPER shall perform all work in a safe workmanlike manner and shall take such precautions as may be necessary to warn and protect the public from any dangerous condition caused by the construction of said improvements. 9/10/87 -8- • PROJECT Tract 12954 D. DEVELOPER shall hold CITY, its officers and employees harmless from any and all claims, demands, causes of action, liability or loss of any sort because of, or arising out of, the acts or omissions of the DEVELOPER, his contractor, sub-contractors, agents or employees in the performance of this agreement. E. DEVELOPER shall maintain liability insurance in the amount of $1,000,000 combined single limit at all times during the life of this agreement, naming the CITY as a co-insured. XXIV. Guarantee and Warranty of Work - DEVELOPER guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one year from and after the CITY's acceptance of the work as completed in accordance with the Municipal Code. DEVELOPER agrees to correct, repair or replace at his expense any defects in said work. XXV. No Waiver by City - Inspection of the work and/or materials, or approval of work and/or materials, or statement by any officer, agent or employee of the CITY indicating that the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of the said work and/or materials, or payments therefor, or any combination of all of these acts, shall not relieve the DEVELOPER of his obligation to fulfill this Agreement as prescribed; nor shall the CITY be thereby stopped from bringing any action for damages arising from failure to comply with any of the terms and conditions hereof. XXVI. No Assignments - DEVELOPER may not assign this Agreement to any third party without the consent of the CITY to such assignment. CITY agrees, in consideration of the promises herein made by DEVELOPER, to permit the DEVELOPER to postpone the installation of improvements for Tract 12954 until September 15, 1989. IN WITNESS WHEREOF, the parties have executed this agreement as of September 15, 1987 Date CITY OF SAN JUAN CAP`IQQS_TRRAANO ANTHONY L AND, MAYOR ATTEST: DEVELOPER VE nn^'- y�i)) KARY NN r 04^1✓ /p,.cr,laYi2 !"�/f/.BLrcA da4Fau`�H,Z GV.4r41N�/ APPR ED S TO FO M: BY Jon—"T', Brown, President The Fairway Land Company Partner Marbella Development Company JOHN R SHAW, CITY ATTORNEY 9/IO/87 -9- RECORDING REQUESTAY AND RECORDING FE10EXEMPT DUE TO WHEN'RECORDED RETURN TO: GOVERNMENT CODE SECTION 6103 City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 MARY ANN HANOVER, City Clerk San Juan Capistrano, California PROJECT: Tract 12954 REIMBURSEMENT AGREEMENT FOR CONSTRUCTION OF RANCHO VIEJO ROAD THIS AGREEMENT, made pursuant to the provisions of Division 2 of Title 7 of the Government Code of the State of California, by and between the City of San Juan Capistrano, a Municipal Corporation, hereinafter called the "CITY" and Marbella Development Company, a California General Partnership, hereinafter called the "DEVELOPER", whose mailing address is: Marbella Development Company 33971 Selva Road, Suite 130 Laguna Niguel, California 92677 WITNESSETH : WHEREAS, the CITY has heretofore adopted the Master Plan of Highways for San Juan Capistrano which establishes Rancho Viejo Road as a secondary arterial; and WHEREAS, in connection with the development of its land, DEVELOPER has applied for and was granted approval of Tract 12954 on condition that Rancho Viejo Road be improved from the northerly boundary of Tract 12954 to Junipero Serra Road; and WHEREAS, the DEVELOPER has agreed under certain conditions to be respon- sible for the design and construction of the improvements; and WHEREAS, the aforesaid mentioned facilities also benefit, or will benefit, other areas of development, and the DEVELOPER is entitled to reimbursement for a portion of those costs of construction. NOW, THEREFORE, in consideration of the premises and promises hereinafter contained CITY and DEVELOPER agree as follows: 1. Reimbursement - CITY agrees to reimburse the DEVELOPER sixty seven percent 67% of the design and construction costs of the improvements between the northerly boundary of Tract 12954 and Junipero Serra Road. The reimbursement shall take the following form: a. The Trabuco Creek Bridge requirement which requires DEVELOPER to pay a prorata share of bridge improvements in the amount of $114,196 shall be applied as a credit to DEVELOPER to satisfy the construction cost for Rancho Viejo Road. The bridge requirement shall therefore be deemed satisfied with this applied credit; b. A credit on a portion of the systems development fee shall be applied to the remaining balance of the two-thirds reimbursement provision of this paragraph. 9/10/87 • • Tract 12954 Prior to approval by the City Engineer of the final costs, reasonable estimates of the work performed may be credited to Developer to be used as credits to the System Development Fee. 2. Costs of Improvements - Costs of improvements shall be defined as the actual cost of construction of Rancho Viejo Road off-site of Tract 12954 as approved by the City Engineer, plus fifteen percent (15%). The 15% shall cover all design, survey and construction management of the project. 3. Prior Construction - Should this section of Rancho Viejo Road be constructed by others prior to the construciton activities of the developer, the developer will be required to pay 33% of the actual costs of the design and construction. In addition to the 3396, the DEVELOPER will be responsible for the credit extended, at the approval of the Final Map, for the Trabuco Creek Bridge Improvement Fee ($114,196). This payment will be required within ten days following the call of the City. 4. Alterations A. The Cit} Engineer of the City of San Juan Capistrano may make such changes, alterations or additions to the plans and specifications for said work and improvements which do not exceed ten percent (10%) of the total estimated cost as may be determined necessary and desirable by him for the proper completion of said work and improvement or as required for the safety and welfare of the public and no such changes, alterations or additions shall relieve the developer from the faithful performance of this agreement. 5. Completion Date A. Developer agrees to complete all of said work and improvements within a period of 2 years from the date of this agreement. If additional time is needed, an extension may be granted by the City Engineer on the showing of good cause. Any such extension shall, however, be subject to all of the terms and conditions of this agreement, and any surety or other security shall continue in full force until the work and improvement has been accepted by the City. B. Developer agrees that City may, without any notice, and at its sole option, at any time after the time for completion has passed, complete, or cause to be completed, all or any part of the said work, and developer shall pay to said City, upon demand, all of the costs of any of said work done by the City, its agents and contractors, or any of them, to complete all or any part of said work. Subdivider hereby consents to entry on the subdivision property by the City and its forces including contractors in the event the City proceeds to complete and/or maintain the work. 6. Liability/Insurance A. In the event any action is brought to enforce or interpret the obligations of this instrument, the prevailing party shall be entitled to court costs and reasonable attorney fees. B. City, its officers and employees, except for their own acts shall not be liable or responsible for any accident, loss or damage happening or occurring to the improvements specified in this agreement prior to the completion and acceptance of said improvements by the City. 9/10/87 • Tract 12954 • C. Developer shall perform all work in a safe workmanlike manner and shall take such precautions as may be necessary to warn and protect the public from any dangerous condition caused by the construction of said improvements. D. Developer shall hold City, its officers and employees harmless from any and all claims, demands, causes of action, liability or loss of any sort because of, or arising out of, the acts or omissions of the developer, his contractor, sub- contractors, agents or employees in the performance of this agreement. E. DEVELOPER shall maintain liability insurance in the amount of $1,000,000 combined single limit at all times during the life of this agreement, naming the CITY as a co-insured. 7. Guarantee and Warrantv of Work - Developer guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one year from and after the City's acceptance of the work as completed in accordance with the Municipal Code. Developer agrees to correct, repair or replace at his expense any defects in said work. 8. No Waiver by Cit - Inspection of the work and/or materials, or approval of work and or materials, or statement by any officer, agent or employee of the City indicating that the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of the said work and/or materials, or payments therefor, or any combination of all of these acts, shall not relieve the Developer of his obligation to fulfill this Agreement as prescribed; nor shall the City be thereby stopped from bringing any action for damages arising from failure to comply with any of the terms and conditions hereof. 9. No Assignments - Developer may not assign this Agreement to any third party without the consent of the City to such assignment. IN WITNESS WHEREOF, the parties have executed this agreement as of September 15, 1987 Date CITY 9F7SAN JUAN CAPISTRANO ANTHONY L. AND, MAYOR ATTEST: DEVELOPER BY MARY AbtN HANOV R, CITY CLERK t� r, 77W M1,4,.,fv c a,vl �r le dfeEL�JG. i°fb.e rrG2 APPROV D AS TO FORM: BY Jon T. Broom, President The Fairway Land Company / A General Partner JO R. SHAW, CITY ATTORNEY 9 /87 §94.202 SAN JUAN CAPISTRANO MUNICIPAL CODE §94303 §94.303 SAN JUAN CAPISTRANO MUNICIPAL CODE §94305 the subdivider shall dedicate or make an irrevocable offer f In accordance with the preceding standards and computations and the, dedic 11 parcels of land within the subdivision whit needed City's finding that the public health, welfare, and quality of life require for streets, alleys, ding access rights and abult fight s, drainage, the continuation of the existing ratio of park land to population,within public utility easements, an r public ments. In addition, the the limitations of State law, five (5) acres of land for each 1,000 persons subdivider shall improve, or agree tq,in all streets,alleys,including residing within the City shall be devoted to local park purposes. access rights and abutters' h s drain age, pub tc easements, and (b) Household size. In order to compute the number of persons other public ease s. All easements granted to the tty�slia(I be being brought into the City by a given residential project,it is necessary to accompa y a title insurance policy acceptable to the City for-the multiply the number of dwelling units by an average household size Jand involved. standard for each type of dwelling unit. Section 66477 of the Govern- (§ 4.2.2,Ord.293) ment Code of the State states that the average size of each class of household shall be "the same as that disclosed by the most recent avail- Article 3. Park Land Requirements able Federal census." In accordance with said requirements, the aver: ge• household size for the City,as derived from the 1980 census,is: Sec. 9.4.301. Authority. The provisions of this article are enacted pursuant to the authority Single-family detached dwelling units granted by the Government Code of the State. The park and recreational on individual lots 3.4 persons per dwelling unit facilities for which the dedication of land and/or the payment of a fee is required by this article are in accordance with the Parks and Recreation Duplexes,townhouses,and attached Element of the General Plan. units under individual ownership 2.4 persons per dwelling unit (§ 4.3.1, Ord. 293, as amended by § 2 B, Ord. 493, eff. October 20, 1983) Mobile homes and apartments 1.9 persons per dwelling unit Sec. 9.4.302. General requirements. (§ 4.3.3, Ord. 293, as amended by § 2 B, Ord. 493, eff. October 20, As a condition of the approval of a residential project, land shall 1983) be dedicated or a fee paid in lieu thereof, or both, at the option of the City, for park or recreational purposes in accordance with the standards Sec. 94.304. Dedication of land. and requirements set forth in this article. Where a park or recreational facility has been designated in the Parks (§ 43.2, Ord. 293, as amended by § 2 B, Ord. 493, eff. October 20, and Recreation Element of the General Plan and is to be located in whole • 1983) or in part within the proposed subdivision to serve the immediate and 1 future needs of the residents of the subdivision, the City may require Sec. 94.303. General standards. the dedication of land for a local park sufficient in size and topography (a) Ratio of park land to population. Section 66477 of the to serve the residents of the subdivision. Government Code of the State specifies that up to five (5) acres of park (§ 43.4, Ord. 293, as amended by § 2 B, Ord. 493, eff. October 20, land per 1,000 residents brought into a city by new development may be 1983) required to be dedicated provided that at least a five (5) acre per 1,000 person ratio already existed in that city as of the last Federal census. The Sec. 9.4.305. Payment of fees. last Federal census, taken in April 1980, counted a City population of (a) General formula. If there is no park facility designated in 18,959. At that time the total neighborhood and community park acreage the Parks and Recreation Element of the General Plan to be located in in the City was 105.6 acres. These quantities yield a ratio of five and whole or in part within the proposed subdivision to serve the immediate six-tenths (5.6) acres per 1,000 persons in the City. Thus, the required and future needs of the residents of the subdivision,the City may require, existing minimum five(5)acres per 1,000 standard has been met. 30, 1984 Reprint No.8-April 30. 1984 peprin[No.8 �April §94305 SAN JUAN CAPISTRANO MUNICIPAL CODE §94307 §94307 SAN JUAN CAPISTRANO MUNICIPAL CODE §9A310 - in lieu of land dedication, the payment of a fee equal to the value of the (b) Determinations. Whether the City accepts the dedication of land prescribed for dedication computed in accordance with the provisions land,elects to require the payment of a fee in lieu thereof,or a combina- of Sections 94.304 and 94308 of this article. Such fee shall be used to tion of both shall be determined by the consideration of the following provide a park which will serve the residents of the new subdivision. factors: (b) Fees in lieu of land for less than 50 lots. In subdivisions (1) The Parks and Recreation Element of the General of less than fifty (50) lots, a per unit fee shall be charged for all lots or Plan' dwelling units.Such fee shall be set by resolution of the Council. (2) The topography, geology, access, and location of the (c) Use of fees. The fees collected pursuant to this article land in the subdivision available for dedication; shall be used only for the purpose of providing park or recreational (3) The size and shape of the subdivision and the land facilities to serve the subdivision. Such fees shall be used for the purchase available for dedication; of necessary land or, if the Council deems there is sufficient land avail- (4) The feasibility of dedication; able for the subdivision, for improving such land for park and recreational (5) The compatibility of dedication with the Parks an* purposes. Recreation Element of the General Plan;and (§ 43.5, Ord. 293, as amended by § 2 B, Ord. 493, eff. October 20, . (6) The availability of previously acquired park property. 1983) (§ 4.3.7, Ord. 293, as amended by § 2 B, Ord. 493, eff. October 20, 1983) Sec. 9-4.306. Dedication of land and payment of fees. In subdivisions of fifty (50) or more lots,the City may require the Sec.9 4.308. Amount of fees in lieu of the dedication of subdivider to dedicate land and/or pay a fee in lieu of park dedication in land. accordance with Sections 94.304 and 94.305 of this article. In no case, Where a fee is required to be paid in lieu of the dedication of land, however, shall the total of land dedication and fee payment exceed the the amount of such fee shall be based upon the average estimated fair subdivision's park obligations computed in accordance with Section market value for suitable park land in the City. Such average estimated 94.303 of this article. fair market value shall be set by resolution of the Council and shall he (§ 4.3.6, Ord. 293, as amended by § 2 B, Ord. 493, eff. October 20, adjusted by the City to keep current with property appreciation. 1983) (§ 4.3.8, Ord. 293, as amended by § 2 B, Ord. 493, eff. October 20, 1983) Sec. 9-4.307. Choice of dedication of land or payment of fees Sec. 94.309. Subdivisions not within the General Ptan. (a) Procedure. In subdivisions containing more than fifty (50) Where the proposed subdivision lies within an area not included* parcels, the procedure for determining whether the subdivider shall within the General Plan, the subdivider shall dedicate land, pay a fee dedicate land,pay a fee,or both shag be as follows: in lieu thereof, or both in accordance with adopted park and recreation (1) Action of the City. At the time of the approval of principles and the standards of the General Plan and in accordance with the tentative map, the Council shall determine,as a part of such approval, the provisions of this article. whether to require the dedication of land within the subdivision, the (§ 43.9, Ord. 293, as amended by § 2 B, Ord. 493, eff. October 20, payment of a fee in lieu thereof,or a combination of both. 1983) (2) Prerequisites for the approval of final maps. Where dedication is required, it shall be accomplished in accordance with the Sec. 9-4.310. Partial credit for private open space. provisions of the Subdivision Map Act of the State. Where fees are Where private open space for park and recreational purposes is pro- required, they shall be deposited with the City prior to the approval of vided in a proposed subdivision, and such space is to be privately-owned the final map. Open space covenants for private park or recreational and maintained by the future residents of the subdivision, partial credit, facilities shall be submitted to the City prior to the approval of the final not to exceed fifty (50%) percent, may be given against the require- map and shall be recorded contemporaneously with the final map. ment of the dedication of land or the payment of fees in lieu thereof Reprint No.8-April 30, 1984 Reprint No.8 April 30. 1984 7< §94310 SAN JUAN CAPISTRANO MUNICIPAL CODE §94.311 : if the Council finds that it is in the public interests to do so and that all - of the following standards are met: (a) The yards, court areas, setbacks, and other open areas ' required to be maintained by this Code shall not be included in the computation of such private open space. (b) The private ownership and the maintenance of the open space shall be adequately provided for by recorded written agreement, conveyance,or restrictions. (c) The use of the private open space shall be restricted for park and recreation purposes by a recorded covenant which runs with the land in favor of the future owners of the property and which cannot . be defeated or eliminated without the consent of the City or its successors. (d) The proposed private open space shall be reasonably adaptable for use for park and recreation purposes, laking into considera- tion such factors as size, shape, topography, geology, access, and loca- tion. (e) The facilities proposed for the open space shall be in sub. stantial accordance with the provisions of the Parks and Recreation Element of the General Plan. (f) It shall be so staled in the covenants,codes,and restrictions concerning the private open space that the City has the right of the review and approval of any modification to such open space. (§ 43.10, Ord. 293, as amended by § 2 B, Ord. 493, eff. October 20, 1983) Sec. 94.311. Schedule of park development. In accordance with Section 66477 of the Government Code of the State, the City shall maintain, either as part of its Capital Improvement • Program or separately, a schedule specifying "how, when, and where it will use the land or fees,or both, to develop park or recreational land to serve the residents of the subdivision" for which park fees have been paid or land dedicated. Therefore, pursuant to such requirement, any fees collected pursuant to this article shall be committed within five (5)years after the payment of such fees or the issuance of budding permits on one-half (th) of the lots created by the subdivision, whichever occurs later. If such fees are not so committed, they shall be distributed and paid to the then record owners of the subdivision in the same proportion the size of their lot bears to the total area of all lots within the subdivision. (§ 4.3.11, Ord. 293, as amended by § 2 B, Ord. 493, eff. October 20, 1983) Reprint No,8-April 30,1984 J 9-2.317 SAN JUAN CAPISTRANII MUNICIPAL CODE � 9-2.317 9-2.31(1 SAN )IL1N t.A PISTRA Nu MUNICIPAL CODE § 9-2,317 • Council in the implementation of Chapters I through 4 of this title. , (3) Bond, monumentation. "Monumentation bond" The Council shall have the same power over any act of its staff made shall mean a document obligating funds for the purpose of insuring in the implementation of Chapters 1 through 4 of this title. The de- the payment of a civil engineer or land surveyor for placing property vision by the Council to review, rescind, or modify any such action mrxluments. ' shall be made by a majority of the Council at a regularly scheduled (4) Bond, performance. "Performance bond" shall meeting of the Council. A decision to modify or rescind any such mean a document obligating funds for the purpose of insuring the action shall be rendered by the Council within thirty (30) days after faithful performance of the construction of improvements. the decision of the Council to review the action. Failure to render a (5) City .Engineer. "City Engineer" shall mean that derision within thirty (31)) days shall have the effect of allowing the person, or his duly appointed representative, appointed by the original action to stand. Council. (c) Procedures. (6) Deposit, .street rut. "Street cut deposit" shall (1) Appeals shall he made to the Council unless other mean a cash deposit insuring the repair of public rights-of-way altered wise indicated. during construction. (2) Appeals shall be in writing. (7) Deposit, ctrin+min,1! pool. "Swimming pxxd (3) Appeals shall be filed with the City Clerk or secre•- posit" shall mean a cash defosit insuring the repair and (leaning of Lary of the Planning Commission, as appropriate, within twenty one public rights of way altered during swimming Ixol construction. (21) clays following the date the action which is [wing appealed was (R) Developer. "Developer" shall mean an individual taken. first, or corporation subdividing prulx•riy and/or constructing (4) The filing of an appeal shall stay all administrative improvwnx•nts and/or constructing building improvements. actions pertaining to the miller under appeal, (9) Fee. "Fee" shall mean a payment of funds to thy (5) An appeal shall be considered within thirty (30) City for any of the following purpose•%: days following its receipt. (i) Administrative permits: for the administrativ. (6) A decision on an appeal shall le made within ten costs of construction permits; (111) clays after the conclusion of the appeal hearing. (ii) Agricultural preservation: for the costs of pro (7) An appeal shall he heard In the same manner as the serving agricultural land; original action. (For example, a puhlic hearing, duly noticed, shall Ix• (iii) Change of districts: for the adminislrativ. required if the action being appealed required a public hearing.) costs of changes to districts; (S) The action on an appeal by the Council shall he (iv) Commercial or industrial site plans: for the finaL costs of staff reviews of plans; (d) hies. The Council, by resolution, shall set fees as appro. (v) Conditional use permits: for the administrative priate for the type, of action being appealed. costs of conditional uses; 6 2.3.16, Ord. 293) (vi) Drainage: for the pro rated costs of mas plans of drainage facilities; Sec. 9-2.317. Fees, deposits, and bonds. (vii) Environmental impact reports: for the costs t a Definitions. For the administering and preparing environmental impact reports; O purposes of this section, certain (viii) Filing tentative tract maps and tentative pay worts and phrases used d this section are defined as follows: cel maps; for the costs of staff reviews; (h Bond, development obligating "Development pose - (ix) General Plan amendments: for the costs < gation pond" shall mean a document obligating funds for the purpose staff administration; of ilnuring the performance of a developer in fulfilling an obligation required by the City. (x) Insp coons: for the costs of staff constructio (2) Bund, labor and materials. "tabor and materials inspections; (xi) Parks and recreation: for the pro rated costs y bunt" shall mean a document obligating funds for the purpose of in park construction; suring the payment of the contractors and material purveyors in (ell) Plan checking: for the costs of map plan n volved in constructing improvements. 421 122 §q,�_17 SAN JUAN CAPISTRANO MUNICIPAL CODE § 9 2.317Ssn It IN Csrtsrx sso Munu:mnl, Cope § 9-2.317 ,A views by the st:dt; (i) Plan-checking fees (xiii) Planning commission appeals: for the costs (it) Inspection fees: of administration for appeals; (iii) Sewer connection fees: (xiv) Sewer connections: for the pro rated costs of (iv) Drainage fees: the sanitary sewer and treatment plant maintenance .moperation; (v) Administrative permit fees: il (xv) Sign permits: for the costs A staff reviews and (v I) Park and recreation fees:and inspection,. of signs; (vii) Agricultural preservation fees. (xvi) 'free removal permits: for the administrative (c) Fees: Establishment, The Council, from time to tin costs of tree removal permits; and shall establish the amount of the fees authorized by the provisions (xvii) Variances: for the administrative casts of this section by resolution and, as a part of such resulunon. may incl" requests for variances. specific ach unistrative guidelines for rhe collection of such fees. (III) .Lnac plan. "Site plashall mt,an it plan indicating (d) Fees:Paelnent. Unless specifically waived by the Council all til the improvement, proposed on it property (including grading, of the Ices authorized by the pr(rvrsfmts of this section shell be pall 1119 streets, buildings, utifitics, and landscaping). to the glanung of any approval, the Issuance of any permit.or the (11) .Lust p dein-e. ••Surety device" shall mean a of any other action requiring the Nynnenl of such fees. linamial obligation whea•by the City has direct access to funds de- (e) Fees required II" other agrnnes, Tine Ices requued by (xnited by it developer to insure a sIx•cific action. agency retained by the City shall be paid in accordance will, the reg' (12) 15dne, buidin,t, w imprmvrnenl. "Building or tions of such agency, where there ,s a conflict, the provisions of I imprx,vernin valet,'• shall mean the rash value of it building or on section shall prevail. prrvcnx•m as determined by the City En incx•r in aanrdma• with rile (f) Deposits. Any Person making an application for a street building regulations adopted by tt t-5Tity-oI the construction of a swimming tooting pool shall be required to maks and conditions established by (h) Fees Required security deposit pursuant to the terns (1) Each developer shall p:iv filing lees•for the following Council by resolution. _ lout lit,(Inly with e;u It such submission: (g) Buuds. required .Tire following bonds shall be required as a condo (i) Tentative maps and t•nratia'e parcel maps; to development and/or construction: (it) Constitution plans: (1) Perfimnance bonds: (iii) Final maps, parcel maps, and records of sur ('_) Labor and materials bonds: (3) Monumennation bonds:and vey: (iv) Conuncrr i.d, indus(rial, and residential site (4) Development obligation bonds. I end/or gi edinl; plans. (including single lot dt,celopments)t (h) Surety derives in lieu op bunds. The City Eng"ee It,) FDVif,ill 11vnrel impair re)wrh: accept an indemnity. surety, or guaranty un lieu of a bond as se, tvi) Applications lir district changes: subsection (g) of this section; provided, however, Ole City shall I tw•N' (vii) Applications lot tunditional use pvrnuts; direct and absolute access to the obligated funds, and no action of V (viii) Applictiuus for variances; developer shall deter or terminate such access to such funds without (ix) Applications lir the erection of signs; approval of the Council. (x) ApIrci is of Planning Commission actions; (§ 1.3.18,Ord.193.as amended by § 1,Ord.329) (xi) Requests for Cenral Plan amendments; (xii) Requests for tree removal; and Sec. 9-2.318. Major thoroughfare ia bridge fees. eedition . the assuanr (xiii) Building improvements or additions where (a) A budding penmt applicant, ilia value til rhe improvements is equal to nr t,xceeds fifty (50'X) Per a building penmt, shall pay it fee as established by this section to do sell of tilt, v.due til the existing buildings. the costs of constructing bridges over waterways, railways, freeways, (2) In addition, each developer, as a condition of the canyons or constructing major thoroughfares. apprm.d of ams applicuion ser forth in subwction (I) of this suhuc- Nun, shall pas: Reprint No 12 Apel 30. 423-1 f' 10 V4 MEMORANDUM TO: Cheryl Johnson, City Clerk FROM: Dawn M. Schanderl, Deputy City Clerk DATE: September 21, 1994 SUBJECT: Certificate of Deposit 1478097785-000 (Marbella T12954) Please put into the safety deposit box the following Certificate of Deposit: CD No. 1478097784-000, in the Amount of $95,000, drawn from Wells Fargo Bank, Cupertino Office #478 regarding Marbella Development Company, Tract 12954, Subdivision Agreement. cc: Theodore Simon, City Engineer WELLS FA�RGO BANK i �l � pp Acct. No. 1478097785-000 119 Office Cupertino #478 Date 8/23/94 Amoam$ 95 ,000.00** Payable to * * *CITY OF SAN JUAN CAPISTRANO * * * * * * * * * Receivedfrem Marbella Development Company Renewal term 180 s day Feb. 19 1995 3.05 Maturity data r Interest % Annual Percentage yield 3 • 40I Interest will be computed on a 360 day year basis.Interest will be paid monthly anoTleredited to account number 4478 032006 or❑paid by check. This certificate is non-transferable.Presentation of the original certificate,signed by the payee,is required to withdraw funds.If the deposit is withdra re maturity,there may be an early withdrawal fee.At maturity,this deposit will automatically renew.The terms of the certificate,including the interest rate and annual _FoWUqlWe IBI re subject to change on the maturity date.Please refer to the Disclosure Statement for additional information about your account. Bank Representative's Signature PAYEE COPY �,♦ Member FDIC I � _ I t J i d • I 0 MEMORANDUM September 19, 1994 TO: Cheryl Johnson, City Clerk FROM: Ted Simon, City Engineer 1QS4Wv0v SUBJECT: Tract 12954 (Marbella) - Bond Substitution (NA 100646 - $95,000/Rancho Viejo Road Along Endevco) Attached please find a Certificate of Deposit from Wells Fargo Bank, Cupertino No. 478, Account No. 1478097785-000 which is to be substituted for the subject bond NA 100646. The bonding company, James Econn& Co. Insurance, has been authorized to release the subject bond in my letter of September 12th. TGS:ssg attachment cc: Cindy Pendleton Sam Shoucair ted\9-19bond.let MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL q GARY L.HAUSDORFER b t ■■■ 1 GIL JONES i m�elrelrrlE CAROLYN NASH M uuuoeu 1961 JEFFVASCUEZ 1776 • • CITY MANAGER ' GEORGE SCARBOROUGH September 19, 1994 James Econn& Co. Insurance Attention: Ms. Maria A. Quiroz 445 South Figueroa St., 36th Floor Los Angeles, CA 90071-1602 Re: Tract 12954 (Marbella) -Bond Substitution (NA 100646- $95,000/Rancho Viejo Road Along Endevco) Dear Ms. Quiroz: The subject bond has been substituted with a Certificate of Deposit. As such, and as we have discussed, this is notification that the City of San Juan Capistrano authorizes release of bond number NA 100646. Should there be any questions or additional information needed, do not hesitate to contact me. Very truly yours, 6 f*xal- Theodore G. Simon City Engineer TGS:ssg cc: Cheryl Johnson -- ' Sam Shoucair I [ ted\9-19msrblet A r 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 • (714) 493-1171 Pacre 2 — SUBDIVISION FAITHFUL PERFORMANCE BOND ACK&LEDGMENT OF ANNEXED INSTRUIST STATE OF CALIFORNIA Los Angeles u.. COUNTY OF On This 10th day of September in the year 1987 before me, Lisa L. Thornton a Notary Public, State of California, duly commisloned and sworn, personally appeared Margaret E. O'Brien personally known to me (or proved to me on the basis of satisfactory evidence) to be the _ Attorney in Fact of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named. and acknowledged to me.that such corporation executed the same. National Indemnity Company IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Los Angeles County of California on the date set forth above in this Certificate. i otary Publ c, o California 5^^♦.-e.r..wwe♦eseMMee♦♦etre eeeeeee 41ff OFFICIAL SF�AL LISA L. THORNTON Notary PublicCalifo My Commission expiroe May 24, 1989 Principal Citric,in Los An n,PAY Comm. ExpeMay 24, 1989 H ti e'+e-►eeeeti a ee�e Signed and sealed at Pasadena,California Dated the............10th................. ..... ...day of.....September ......................... 87..... n ........19.... UX AssLstant Secretary 1.ONLY ONE POWER-OF-ATTORNEY MAY BE ATTACHED TO A BOND. E.POWER-OF-ATTORNEY MUST NOT BE RETURNED TO ATTORNEY-IN-FACT,BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS. 3.THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS,OR BONDS FOR CRIMINAL APPEARANCE. 4.THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES OR ANY BONDS. OTHER THAN THOSE ENUMERATED ABOVE. NI I I61P(1/86) Bond No. NA 100646 Premium Included LABOR AND MATERIAL BOND (PUBLIC- STREET IMPROVEMENTS OUTSIDE TRACT 12954) KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to Marbella Development Company , License No. . hereinafter designated as "Principal", a contract for Tract 12954 : and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we Marbella Development Company Principal, and INational Indemnity Company , as surety, are held firmly bound unto-the City of San Juan Capistrano, a municipal corporation, in the penal sum of Ninety Five Thousand and No/100 ths***********************$`DOLLARS ($95,000.00), lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub-contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division S, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the 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 obligation on 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. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th day of September in the year 1987 before me, Alice M. Stump a Notary Public, State of California, duly commissioned and sworn, personally appeared Jon T. Brown personally known to me (or proved to me on the basis of satisfactory evidence) to be the President of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Jon T. Brown, President, The Fairway Land Company — A General Partner IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Orange County of California on the date set forth above in this certificate. Notary Public, State of C ifornia OFFICIAL SEAL ALICE M.STUMP NolAry VUMic Glitornia ONANGE COUNTY @My Commissinn Ezp.5117/97 My commission expires May 17, 1991 ACAWLEDGMENT OF ANNEXED INSTRUT STATE OF CALIFORNIA l COUNTY OF Los Angeles )y u On this 10th day of September in the year 1987 before me, Lisa L. Thornton a Notary Public, State of California, duly commisloned and sworn, personally appeared Margaret E. O'Brien personally known to me (or proved to me on the basis of satisfactory evidence) to be the _ Attorney in Fact of the corporation that executed the within instrument, and also known to me to be the porson who executed the within instrument on behalf of the corporation therein named, and acknowledged to me.1hat such corporation executed the same. National Indemnity Company IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal in the Los Angeles County of California on the dale set forth above in this certificate. Notary Put , State o allforma OFFICIAL SEAL e M commission expires May 24, 1989 LISA L. THORNTON y Notary Public-California +$ Principal Office In Los Angeles County It • �h ,„� My Comm. Exp. May 24, 1989 I „4.nn POWER-OF-ATTORNEY i FOR SUBDIVISION BONDS • NATIONAL INDEMNITY COMPANY NGP Nq 202535 3024 HARNEY STREET OMAHA,NEBRASKA 68131 KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which it CCp authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN, 7 THE AUTHORITY OF THE ATTORNEY-IN-FACT and THE LIABILITY OF THE COMPANY Q p SHALL NOT EXCEED ............TWO Million,Dollars., IS2,QQ%QQQtQO1,,,,.,QNA.Ny.QNE,6OND.................. USE OF MORE THAN ONE POWER VOIDS THE BOND NATIONAL INDEMNITY COMPANY, a Nebraska corporation, having its principal office in the City of Omaha, state of Nebraska, does hereby make, constitute and appoint James W. Econn, Donald Killian III, Margaret E. O'Brien, Linda O SCiaini, and Barry M. Sullock in the City of LOS ANGELES,County of LOS ANGELES,State of CALIFORNIA,its true and lawful attorney-in-fact,at LOS ANGELES,In the State of CALIFORNIA to make,execute,seal and deliver for and on its behalf, m and as its act and dmd,only the following classes of Subdivision Bunds:Subdivision Improvement including Performance and Labor O and Materials; Subdivision Inspection; Subdivision Survey or Monument; Subdivision Tax; Subdivision Warranty; Completion C Common Facilities;Maintenance Assessment;Release of Mechanics Lien; Release of Stop Notice;License or Permit Bonds required in connection with the subdivision (or subdivision related); Bonds required by F.H.A. or other similargovernment agencies; Conversion tax or fee;Advance Payments required by Federal,State,County,Municipal Authority,or other obligees,provided that the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the suns shown F above. THIS POWER VOID IF ALTERED OR ERASED This power is not valid unless used before December 31, 1988 The acknowledgement and execution of any such document by said Attorney-in-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution - adopted by the Board of Directors of NATIONAL INDEMNITY COMPANY at a minting duly called and held on the 3rd day of January,1986: RESOLVED,that the President,or any Vice President,or Assistant Vice President,of the Company,be,and that each of any of them hereby is,authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute {� in behalf of NATIONAL INDEMNITY COMPANY bonds,undertakings and all contracts of suretyship;and that any Secretary or any Assistant Secretary be,and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the seat of the Company. FURTHER RESOLVED,that the signatures of such officers and the seat 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 and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof NATIONAL INDEMNITY COMPANY has caused its official seal to be hereunder affixed,and these presents to be signed by its Assistant Vice President and attested by its Assistant Secretary this 6th day of January, 1986. ATTEST NATIONAL INDEMNITY COMPANY 2 /1 Ass(stant Secretary BY v /Assistant Vice President STATE OF CALIFORNIA COUNTY OF LOS ANGELES) SS On this 8th day of January,1986,before me,a Notary Public personally appeared Thomas A.Bolt,who being by me duly sworn, acknowledged that a signed the above Power of Attorney as Assistant Vice President of said NATIO AL INDEMNITY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. My Commission expires May 20,1988 OFFICIAL SEAL /y Lft NANCY M FLORES ' �f�O2J NOTMr PUBLK-CALIFORNIA Los ANGELES COUNTY Notary Public,California Lir reII Sym.MAV 20.ISM CERTIFICATION STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS 1, the undengl ed,Assistant Secretary of NATIONAL INDEMNITY INSURANCE COMPANY, a Nebraska Corporation,DO -HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that the By-Laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney, are now in force. Signed and sealed at Pasadena,California 10th dayof. . . .September 19 87 Dated the...... .......................... .. . QAssistant Secretary 1.ONLY ONE POWER-OF-ATTORNEY MAY BE ATTACHED TO A BOND. 2.POWER-OF-ATTORNEY MUST NOT BE RETURNED TO ATTORNEYAN-FACT,BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS, 3.THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS,OR BONDS FOR CRIMINAL APPEARANCE. 4.THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES OR ANY BONDS. OTHER THAN THOSE ENUMERATED ABOVE. NI IMIP(11") •� Bond No. NA 100646 Premium $1,425.00 SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE S 66499 .1) (PUBLIC STREET IMPROVEMENTS OUTSIDE TRACT 12954) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Marbella Develnnment Cnmpnnv (hereafter designated as "Principal") , have entered into a Sub- division Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated 19 , and identified as Project Tract 12954 , is hereby referred to and made a part hereof; and WHEREAS, said Principal is required, under the terms of the said Agreement, to furnish a bond for the faithful performance of said Agreement; c NOW, THEREFORE, we, the Principal and National Indemnity Company :', as Surety, are held firmly bound unto the City of San Juan Capistrano (herea ter called "Obligee") , 95,000.00) in the sum of Ninety Five Thousapd and-No/100-- Dollars , lawful money of the Un*ted 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 Bond No. NA 100646 •� Performance-Page Two addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees , incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modifi- cation of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder . 87 Executed this 10th day of September 19*S, at Los Angeles California. P R IA C IPAL elle De pment Company sident he Fairway Land Company (N 6jnMD Sr SURETY APPROVED AS TO FORM. National Indemnity Company BXp Margar E. O'Brien, Attorney in Fact J R. Shaw (NOTARIZATION AND SEAL) it Attorney c/o James Econn & Co. 3055 Wilshire Boulevard Los Angeles, California 40010 Page 2 - SUBDIVISION FAITHFUL PERFORMANCE BOND STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th day of September in the year 1987 before me, Alice M. Stump a Notary Public, State of California, duly commissioned and sworn, personally appeared Jon T. Brown personally known to me (or proved to me on the basis of satisfactory evidence) to be the President of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Jon T. Brown, President, The Fairway Land Company - A General Partner IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official . + seal in the Orange County of California on the date set forth above in this certificate. �h . SEAL Notary Public, State f California . STUMPFM=0FFPMCU1,,L Notary ublc UlltbrAiA WWMORANGE COUNTY My Commission Exp.5/17/91 My commission expires May 17, 1991 ACIOWLEDGMENT OF ANNEXED INSTRL&T STATE OF CALIFORNIA COUNTY OF Los Angeles w" On this 10th day of September in the year 1987 before me, Lisa L. Thornton a Notary Public, State of California, duly commisloned and sworn, personally appeared Margaret E. O'Brien personally known to me (or proved to me on the basis of satisfactory evidence) to be the _ Attorney in Fact of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me.lhat such corporation executed the same. National Indemnity Company IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Los Angeles County of California on the date set forth above in this certificate. _ 1 V�c Notary Pu tic, o California My commission expires May 24, 1989 OFFICIAL SEAL ro s LISA L. THORNTON A Notary Public-California � ♦pa .E`, f b3,1^ o Principal Office In Los Angeles County •jr „ , ,. My Comm. Exp. May 24, 1989 0.���W f��NN�����f���f��1�1�♦ IRO • POWER-OF-ATTORNEY • FOR SUBDIVISION BONDS NATIONAL INDEMNITY COMPANY NGP No 202535 3024 HARNEY STREET OMAHA,NEBRASKA 68131 KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which it authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN, THE AUTHORITY OF THE ATTORNEY-IN-FACT and iiifff"' THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ............TWO MiIIiOn DOIIars ($2,000,QOQ,0Q),,,.,,ON A.Ny.ONE,BONA.,,,,.. , USE OF MORE THAN ONE POWER VOIDS THE BOND NATIONAL INDEMNITY COMPANY, a Nebraska corporation, having its principal office in the City of Omaha, state of Nebraska, does hereby make, constitute and appoint James W. Econn, Donald Killian III, Margaret E. O'Brien, Linda O Sciaini, and Barry M. Sulloek In the City of LOS ANGELES,County of LOS ANGELES,State of CALIFORNIA its true and rt lawful attorney-in-fact,at LOS ANGELES,in the State of CALIFORNIA to make,execute,seal and deliver for and on its behalf, m and as its act end deed,only the following classes of Subdivision Bonds:Subdivision Improvement including Performance and Labor • and Materials; Subdivision Inspection; Subdivision Survey or Monument; Subdivision 'Tax; Subdivision Warranty; Completion C Common Facilities;Maintenance Assessment;Rdlease of Mechanics Lien;Release of Stop Notice;License or Permit Bonds required Z In connection with the subdivision (or subdivision related); Bonds required by F.H.A. or other similargovernment agencies; 3 Conversion tax or fee;Advance Payments required by Federal,State,County,Municipal Authority,or other obligees,provided that the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sum shown above. THIS POWER VOID IF ALTERED OR ERASED This power is not valid unless used before December 31, 1988 The acknowledgement and execution of any such document by said Attorney-in-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. Q This Power of Attorneyis granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board ofDirectorsof NATIONAL INDEMNITY COMPANY at a meeting duly called and held on the 3rd day of January,1986: RESOLVED,that the President,or any Vice President,or Assistant Vice President,of the Company,be,and that each of any of I hem hereby is,authorized to execute Powers of Attorney quail f ing the attorney named in the given Power of Attorney to execute In behalf of NATIONAL INDEMNITY COMPANY,bonds,undertakings and all contracts of suretyship;and that any Secretary or any Assistant Secretary be,and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relatin thereto by facsimile and any such Power of Attorney or cerlificete bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof NATIONAL INDEMNITY COMPANY has caused its official seal to be hereunder affixed,and these presents to be signed by its Assistant Vice President and attested by its Assistant Secretary this 6th day of January, 1986. ATTEST NATIONAL INDEMNITY COMPANY S Assistant Secretary BY e ���JJJ Assistant Vice President STATE OF CALIFORNIA 11 COUNTY OF LOS ANGELES J SS On this 8th day of limitary, 1986,before me,a Notary Public personally appeared Thomas A.Bolt,who being by me dui,sworn, acknowledged that ha signed the above Power of Attorney as Assistant Vice President of said NATIONAL INDEMNITY COMPANY and acknowledged said instrument to be the voluntary act and deed of said Corporation. My Commission expires May 20,1988 OFFICIAL SEAL NANCY M FLORES NOTARY PUBLIC-CALIFORNIA LDS -Was CERTIFICATION Notary Public,California oam At s nrau MMAYAT I 20,19M B STATE OF CALIFORNIA COUNTY OF LOS ANGELES J SS I, the undersigned, Assistant Secretary of NATIONAL INDEMNITY INSURANCE COMPANY, a Nebraska Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that the By-Laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney, are now in force. Signed and sealed at Pasadena,California . .......... .. .. .. . ..deyof. . ... eptetne19..87..... Dated the. ............. ..10thS . b .r. . ,'1f.I�. .. ...Q... . UAssistant Secretary 1.ONLY ONE POWER-OF-ATTORNEY MAY BE ATTACHED TO A BOND. 2.POWER-OF-ATTORNEY MUST NOT BE RETURNED TO ATTORNEY-IN-FACT,BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS. 3.THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS,OR BONDS FOR CRIMINAL APPEARANCE. 4.THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES OR ANY BONDS. OTHER THAN THOSE ENUMERATED ABOVE. NI 1181P JI 100) Bond No. NA 100646 Premium Included LABOR AND MATERIAL BOND (PUBLIC- STREET IMPROVEMENTS OUTSIDE TRACT 12954) KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to Marbella Development Company License No. , hereinafter designated as "Principal", a contract for Tract 12954 ; and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we Marbella Development Company Principal, and I INational Indemnity Company , as surety, are held firmly bound unto.the City of San Juan Capistrano, a municipal corporation, in the penal sum of Ninety Five Thousand and No/100ths***********************iDOLLARS ($95,000.00), lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub-contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 3, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification'bf the contract documents or of the work to be performed thereunder shall in any way affect its obligation on 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. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. • Bond No. NA 100646 • Labor & Material-Page Two 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 loth day of September , 19 87 . 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. Marbella Development Company PRIN :ationa es dent, he Fairway Land Company Gen 1 Partner ndemnity Company SURETY By Margargt E.- Tbrrien, Attorney in Fact APPROVED AS TO FORM c/o .Tames Econn & Co. 3055 Wilshire Boulevard Los Angeles, California 90010 _n.L JORNIR. SHAW, ATTORNEY STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th day of September in the year 1987 before me, Alice M. Stump a Notary Public, State of California, duly commissioned and sworn, personally appeared Jon T. Brown personally known to me (or proved to me on the basis of satisfactory evidence) to be the President of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Jon T. Brown, President, The Fairway Land Company - A General Partner IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Orange County of California on the date set forth above in this certificate. OFFICIAL SEAL Notary Public, State o California ALICE M.STUMP Notary WIC Calltmnia ORANGE COUNTY 0MV Commission Exp.5/17/91 My commission expires May 17, 1991 AC&LEDGMENT OF ANNEXED INSTRUST STATE OF CALIFORNIA COUNTY OF Los Angeles On this 10th day of September in the year 1987 before me, Lisa L. Thornton a Notary Public, Slate of California, duly comm stoned and sworn, personally appeared Margaret E. O'Brien personally known to me (or proved to me on the basis of satisfactory evidence) to be the _ Attorney in Fac[ of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named. and acknowledged to me.lhat such corporation executed the same. National Indemnity Company IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal in the Los Angeles County of California on the date set forth above in this certificate. , Notary Py lic, 45-011 California OFFICIAL SEAL LISA L. THORNTON Notary Putik-California My commission expires May 24. 1989 u) Principal Office In JLos Angeles County ,c,,,,�•d My Comm. Exp. May 24, 1989 POWER-OF-ATTORNEY • _ - FOR SUBDIVISION BONDS NATIONAL INDEMNITY COMPANY NGP N4 202535 3024 HARNEY STREET OMAHA,NEBRASKA 68131 KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which it p authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN, 7. THE AUTHORITY OF THE ATTORNEY-IN-FACT and THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ............TWO Million.Dollars., (S,Z,000,QQQ.QQ),,,. ,,QN,A.t�Y,QNE,(iQNQ. . USE OF MORE THAN ONE POWER VOIDS THE BOND NATIONAL INDEMNITY COMPANY, a Nebraska corporation, having its principal office in the City of Omaha, state of Nebraska, does hereby make, constitute and appoint James W. Econn, Donald Killian III, Margaret E. O'Brien, Linda O Sciaini, and Barry M. Sullock in the City of LOS ANGELES,County of LOS ANGELES,State of CALIFORNIA,its true and r� lawful attorney-in-fact,at LOS ANGELES,in the State of CALIFORNIA to make,execute,seal and deliver for and on its behalf, m and as its act and deed,only the following classes of Subdivision Bonds:Subdivision Improvement including Performance and Labor O and Materials; Subdivision Inspection; Subdivision Survey or Monument; Subdivision Tax; Subdivision Warranty; Completion C Common Facilities;Maintenance Assessment;R@lease of Mechanic's Lien;Release of Stop Notice;License or Permit Bonds required In connection with the subdivision (or subdivision related); Bonds required by F.H.A. or other similar ggovernment agencies; Conversion tax or fee;Advance Payments required by Federal,State,County,Municipal Authority,or other ubligeLs,provided that 3' the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sum shown : J above. 33 THIS POWER VOID IF ALTERED OR ERASED This power is not valid unless used before December 31, 1988 The acknowledgement and execution of any such document by said Attorney-In-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. $ This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of NATIONAL INDEMNITY COMPANY at a meeting duly called and held on the 3rd day of January,1986: RESOLVED,that the President,or any Vice President,or Assistant Vice President,of the Company,be,and that each of any of them hereby is,authorized to execute Powers of Attorney qualifying the attorney named In the given Power of Attorney to execute In behalf of NATIONAL INDEMNITY COMPANY,bonds,undertakings and alt contracts of suretyship;and that any Secretary or any Assistant Secretary be,and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures 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 and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof NATIONAL INDEMNITY COMPANY has caused its official seal to be hereunder affixed,and these presents to be signed by its Assistant Vire President and attested by its Assistant Secretary this 6th day of January, 1986. ATTEST `"`'^///-��'(n/�- NATIONAL INDEMNITY COMPANY (/�I/Assista�Secretary BY �yY�4 V �ssistant Vitt President 0 STATE OF CALIFORNIA ll COUNTY OF LOS ANGELES J SS On this 8th day of January,1986,before me,a Notary Public personally appeared Thomas A.Bolt,who being by me duly sworn, acknowledged that he signed the above Power of Attorney as Assistant Vice President of said NATIO AL INDEMNITY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. My Commission expires May 20,1988 OFFICIAL SEAL NANCY M FLORES NOTARY VIALIC-CALIFORNIA ((( '°' . u cos 2 CERTIFICATION Notary Public,California f7 My wmm,GFau MAY at laN STATE OF CALIFORNIA COUNTY OF LOS ANGELES J SS 1, the undersigned, Assistant Secretary of NATIONAL INDEMNITY INSURANCE COMPANY, a Nebraska Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that the By-Laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney, are now In force. Signed and sealed at Pasadena,California Dated the............10th.. . ........ dayof. _..September 19_87 .. . /l Assistant Secretary 1.ONLY ONE POWER-OF-ATTORNEY MAY BE ATTACHED TO A BOND. VV 2.POWER-OF-ATTORNEY MUST NOT BE RETURNED TO ATTORNEY-IN-FACT,BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS. 3.THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS,OR BONDS FOR CRIMINAL APPEARANCE. 4.THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES OR ANY BONDS. OTHER THAN THOSE ENUMERATED ABOVE. NI 11811'(1186) l MEMORANDUM August 31, 1994 TO: William M. Huber, Director, Engineering & Building FROM: Ted Simon, City Engineer r,( . SUBJECT: Tract 12954 (Marbella) - Bond Substitution (NA 100646 - $95,000/Rancho Viejo Road Along Endevco) Marbella Development Co. (Mike Knapp) is requesting to substitute a Certificate of Deposit for the subject bond. As part of the above consideration, I have brought to their attention the lack of action and the need to resolve at this time, two issues 1) The Rancho Viejo Road improvements along Endevco and at the Trabuco Creek bridge per the amended agreement and 2) Revision of the flood plain. They are basically ignoring these issues. See the attached letters and responses. Rather than deal with the bond substitution as a separate issue, I prefer to have the other issues addressed at this time. Should this plan not be acceptable, I will arrange for the substitution. TGS:ssg attachments / cc: Cheryl Johnson v Sam Shoucair ted\8-31knap.mem 4b AUG-31—�4 WB 17:25 P PND BERG FAX X10. 4087251626 P. C2 Marbella Development Company 19672 Stevens Creek Boulevard, 0197 Cupertino, California 95014 August 31, 1994 W. Ted Simon City Engineer City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 re: Substitution of Surety, $95,000-NA 100646 Dear Ted: Thank you for your correspondence o£August 31, 1994. Marbella Development Company is not prepared at the current time to enter into the proposed Rancho Viejo Road Reimbursement Agreement. I have requested that the City permit the replacement of the above referenced bond with a certificate of deposit. It was my understanding that you agreed to the replacement of the security by your letter dated August 15, 1994. However,your response that the CD is acceptable to the Engineering Division is not satisfactory to permit us to provide you with the replacement CD. Marbella Development will not provide the City with a duplicate surety coveting the same item. We were under the impression that the City of San Juan Capistrano would prefer a cash surety as opposed to a bond. If we cannot receive written assurances from the City that the CD is a replacement of the bond that will be released administratively by the City concurrent with the receipt of the CD,then we will let the bond renew for another year. We would appreciate your assistance with regard to this matter. Sincerely, Michael L.Knapp Marbella Development Company 19672 Stevens Creek Boulevard, #197 Cupertino, California 95014 August 23, 1994 Mr. Ted Simon City Engineer City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 re: Substitution of Surety, $95,000-NA 100646 Dear Ted: I have attached a copy of our certificate of deposit that I will federal express to you to replace the above referenced surety upon your approval. As you will note, the certificate of deposit is payable to the City of San Juan Capistrano. Please advise us at your earliest convenience if this certificate is adequate for substitution of the above referenced bond. You Can contact Marbelia Development via fax at 409/725-1626. Sincerely, Michael L. Knapp a • • - WELLS 7'ATtGO BANK Jiirrylose "' 1478097785-000 Office.— Cupertino 4478, Data 8/23/94 rmomt9 95.000.00** Pdyabh:to or * *CITY OF SAN JUAN CAPISTRANO ar * � * s-: � * * * * A * rt e A A Racwvedrmm Marbella Development Company _ [R-�af war 180 d� MaturityMe Peb. -19, 1995 irkyra�A 3.0S , grararpo,�aaga�y 3.CQ reat x91becammedonaaooday year leets.lrKema wiabe paid month1y a dd cradrtd to acwmt pumper 4 4 78 032006 �pad dy3 scl an eery reehdrawel aaa At MetWb.the donned will autommil ally rerow.TFe terme of the corfMksle,hrchdi v a,e lnwm rate and anwt m ut"d bMW en the maCuriy data,Ph ea,refer b the Dkmdmm Statement for addaonal Wmar,r,rr about tour aenmax Bank Rapesendfiw'a Sia,mrre FAYEE COPY Member AUG-17-94 WED a:32 B.PHO BERG FAX N0. 40611626 P. C2 Marbella Development Company ECEIVED 19672 Stevens Creek Boulevard,#197 Cupertino, California 95014Q0C 49 VM ,oi CIERK- August l7, 1994 p r o e 5T'1:r,' !. city clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano,California re. Surety Bond#100646,Tract#12954, outside Public Street Improvements Dear City Clerk: I am writing in furtherance of my letter dated August 11, 1994 regarding the above captioned matter. I have enclosed a copy of the indicated letter for your information and reference. We would appreciate your response as soon as possible as the indicated surety is coming up for renewal. Thank you for your prompt attention to this request. Please fax appropriate infor=t'Oc to(408) 725-1626. Sincerely, lilt/" Ivfic ael L.Knapp . j��11 d • �mine r MEMBERS OF THE CITU COUNCIL COLLENE CAMPBELL GARY MAUSDCRFER b Gil IL JO JONES CAR�iun.0 �A61 FO JEVASOUEZ ® 1776 J\ CITY MANAGER GEORGE SCARBOROUGH August 15, 1994 Mr. Michael Knapp Marbeila Development Company 19672 Stevens Creek Blvd., No. 197 Cupertino, CA 95014 Re: Tract 12954 (Marbella) - Substitution of Bond ($95,000 - NA 100646), Flood Plain Issue, Rancho Viejo Road Widening Dear Mr. Knapp: The Engineering Division is in receipt of your request as of August 11, 1994. Staff is agreeable to your request to substitute a Certificate of Deposit for the subject bond. The City's requirement is for surety to be in full force and effect to insure performance. Please provide the necessary documents for review and approval prior to Staff release of the subject bond and substitution. On other Tract 12954 - related matters, please provide your estimate of resolution of the enclosed requests. It would be well to resolve all of these issues at this time. Should there be any questions or additional information, do not hesitate to contact me at(714) 443-6348. Very truly yours, r wv- Theodore G. Simon City Engineer TGS:ssg enclosures cc: Cheryl Johnson Sam Shoucair ted\8-15knap.let 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171 MEMSERS OF THE c T" :OLNc KENNETH E FRIESS q1 JERRY HARRIS 61E16 YN (L� •I n;44uIi GARY L HAUSGORFEQ ® Iv1961GIL JONES 1776776 JE JEft wSOUEZ CITY MANAGER STEPHEN C JULIAN August 11, 1992 Mr. Mike Knapp Marbella Development Company 27462 Calle Arroyo, Ste. A San Juan Capistrano, CA 92675 Subject: amendment to Reimbursement Agreement, Tract 12954, Rancho Viejo Road Dear Mr. Knapp: 1 have reviewed your proposed modification to the amended reimbursement agreement and concur with the suggested changes. 1 have modified the amendment with only minor changes to your suggestions. Please review and execute at your earliest convenience. Very truly yours, 4,(,4't William M. Huber, Director Dept. of Engineering do Building WMH/st cc: George Scarborough Ted Simon v- 32400 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 4931171 RECORDING REQUESTED BY: City of San Juan Capistrano AND WHEN RECORDED MAIL TO: City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 PROJECT: Tract 12954 AMENDMENT TO REIMBURSEMENT AGREEMENT FOR CONSTRUCTION OF RANCHO VIEJO ROAD THIS AMENDMENT to the Reimbursement Agreement for Construction of Rancho Viejo Road by and between the City of San Juan Capistrano, a Municipal Corporation, hereinafter called the "CITY" and Marbella Development Company, a California General Partnership, hereinafter called the "DEVELOPER", whose mailing address is: Marbella Development Company 27462 Calle Arroyo, Suite A San Juan Capistrano, CA 92675 WITNESSETH : WHEREAS, the CITY and DEVELOPER wish to amend the conditions of the previous reimbursement agreement, dated September 15, 1987; NOW, THEREFORE, in consideration of the premises and promises hereinafter contained, CITY and DEVELOPER agree as follows: Section "1. Reimbursement" is revised in its entirety as follows: 1. Reimbursement a. DEVELOPER agrees to pay CITY Thirty-three Per Cent (33%) of the estimated design and construction costs of the improvement between the northerly boundary of Tract 12954 and Junipero Serra Road which amount is $95,000. b. DEVELOPER agrees to pay its pro rata share of bridge improvements for the Trabuco Creek Bridge in the amount of $114,196. Section "2. Costs of Construction" is revised in its entirety as follows: 2. Costs of Construction - Costs of improvements shall be based on the most recent engineer's estimate of costs for Rancho Viejo Road, off-site of tract 12954, as approved by the City Engineer, plus applicable design completion, survey and construction management of the project. • Tra 0 2954 Section 1110. Schedule of Payments' is hereby added as follows: 10. Schedule of Pa ments - DEVELOPER shall pay to the CITY $209,196 within Thirty 30 Days after the City Counil has approved said Amendment. In addition, upon fulfillment of the conditions of this Agreement, the CITY will immediately cause the surety bonding for said obligation to be released in its entirety. The CITY also agrees that this Agreement is intended to fulfill the Rancho Viejo Road Reimbursement Agreement, the conditions of Project approval related to this matter, the Development Agreement provisions related to this matter and any other agreements between the CITY and the DEVELOPER related to this obligation. Further, the CITY agrees that the DEVELOPER shall have no further obligations with regard to the Rancho Viejo Road widening or the Trabuco Creek Bridge with the development of its 45-lot subdivision referred to as Tract 14181. The CITY shall have no further obligations to refund the DEVELOPER for design costs incurred to date with regard to these improvements. IN WITNESS WHEREOF, the parties have executed this Amendment to Agreement as of CITY OF SAN JUAN CAPISTRANO GIL JONES, Mayor ATTEST: DEVELOPER BY: CHERYL JOHNSON, City Clerk Title: APPROVED AS TO FORM: BY: Title: RICHARD K. DENHALTER, City Attorney JAMES EeoNiN & co. insurance ' 445 SOUTH FIGUEROA STREET.36TH FLOOR,LOS ANGELES.CALIFORNIA 90071-1602 (213)629-3131 • FAX(213)629-4440 ANNIV: 9/94 ,r^ r1.r_ JI I Tl T,rn j DATE: July 19, 1994 City of San Juan Capistrano - Attn: City Engineer 32400 Paseo Adelanto _. San Juan Capistrano, CA 92675 BOND NO: NA 100646 PRINCIPAL: Marbella Development Company DESCRIPTION: Pub iis Streei; Improvements Outside TI r# 12954 jZURp fA/t?Ef/CO Bond $95,000.00 The National Indemnity Company is Surety on the above bond. We will appreciate your cooperation in providing the information requested below and in signing and returning the form to us so that we may have current status information on the captioned job. A duplicate copy of this letter is attached for your files, and a business reply envelope is enclosed for your convenience. Thank you for your assistance. Yours very truly, JAMES ECONN 8/CO. Marla A. Qutroz (J Bond Department IF THE WORK HAS BEEN COMPLETED: 1. What was the completion date? Date of Acceptance? 2. Was the work satisfactory? 3. Were any liens filed against the work? IF THE WORK HAS NOT BEEN COMPLETED: 1. What percent of work has been completed to date? % /REL/M. (1VOEi1 !'GNA/ 2. What is the anticipated date of completion? #,0 7C#fV0C6 gf 11?1/5 ///NE 3. Is the work being accomplished and progressing satisfactorily? AS[UMONS !I2& NEU`�S/Iey SIGNED BY: DATE: 8//j�/9� TC- S?M 0,✓ I rT JEC:341 (1 AK AUG-11-94 iNU 9:37 BERG AND BERG FAX N0. 4087251626 P. 02 Marbella Development Company 19672 Stevens Creek Boulevard,#197 Cupertino, California 95014 August 11, 1994 City Clerk e i City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano,California re: Surety Bond#100646, Tract#12954,Outside Public Street Improvementa Dear City Clerk: Marbella Development Company would like to provide the City of San Juan Capismano with a certificate of deposit in place of the above referenced bond as soon as possible. Please advise us at your earliest convenience as to the appropriate manner to replace the above sutety with a certificate of deposit. Thank you for your immediate attention to this request. Please fir approriate information to (409)725-1626. Sincerely, �—Mx Michael L.Knapp N1G-17-(44 WT,D 9:?'2 BERG AND BERG FAX 10. 1007251626 P. 02 • Marbella. Development Company r cE+vt � 19672 Stevens Creep Boulevard,4197 Cupertino, California 95014 4uc 11 g 49 August 17, 19')4 'F SO4 City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano,California re: Surety Bond 9100646,Tract 412954, outside Public Street Improvements Dear City Clerk: I am writing in furtherance of my letter dated August 11, 1994 regarding the above captioned matter. I have enclosed a copy of the indicated letter for your information and reference- We would appreciate your response as soon as possible as the indicated surety is coming up for renewal. Thank you for your prompt attention to this request_ Please fax appropriate information to(408) 725-1626. Sincerely, AMC napp 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171 MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL ® (�1 GARY L HAUSDORFER GILJONES a CAROLYNASH mnutxu IB6I JEFF VASOUEZ 1776 CITY MANAGER GEORGE SCARBOROUGH August 15, 1994 Mr. Michael Knapp Marbella Development Company — 19672 Stevens Creek Blvd., No. 197 Cupertino, CA 95014 Re: Tract 12954 (Marbella) - Substitution of Bond ($95,000 - NA 100646), Flood Plain Issue, Rancho Viejo Road Widening Dear Mr. Knapp: The Engineering Division is in receipt of your request as of August 11, 1994. Staff is agreeable to your request to substitute a Certificate of Deposit for the subject bond. The City's requirement is for surety to be in full force and effect to insure performance. Please provide the necessary documents for review and approval prior to Staff release of the subject bond and substitution. On other Tract 12954 - related matters, please provide your estimate of resolution of the enclosed requests. It would be well to resolve all of these issues at this time. Should there be any questions or additional information, do not hesitate to contact me at (714) 443-6348. Very truly yours, �"iRa "Wtl Theodore G. Simon City Engineer TGS:ssg enclosures cc: Cheryl Johnson 1 Sam Shoucair ted\8-15knap.let 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 JOAN* • ' V MEMBERS OF TME CITY COUNCIL VV © COUSNE CAMPBELL Nl GARY L M IJSDORFER ® , OIL JONES CAROLYN NASH a 1776 1961 JEFF VASOUEZ • • CITY MANAGER September 27, 1993 ! GEORGE SOARBOROU CERTIFIED, RETURN RECEIPT REQ D Mr. Carl Berg Marbella Development Company CIO Berg be Berg 10050 Brandley Drive Cupertino, CA 95014 Re: Tract 12954 (Marbella Golf and Country Club) Dear Mr. Berg: It is being brought to the City's attention by some residents of the subject development, that in order for them to maintain a mortgage for their residences, they are being required to obtain flood insurance. Though new Flood Insurance Rate Maps have not become effective showing the subject community, upon close evaluation it is evident that the development was remiss in complying with the Municipal Code requirements for revising the Floodplain District in order to develop property. At this time, there are potentially 13 properties that could be unnecessarily required to maintain flood insurance. Communications with FEMA indicate that all necessary documentation is in order to proceed with the process, however, in order to commence it will be necessary to submit initial fees of $1,145. There could be additional fees should the extent of the review be more involved. Refer to the enclosed February 17, 1993 FEMA letter. Since this situation is directly related to the development of the property, the fiscal responsibility should be therein, as opposed to a general public issue. It is requested that arrangements be made within the next 30 days to effect a cooperative resolution to this situation. Should there be any questions or additional information needed, do not hesitate to contact me. Verytrulytrl!uly yours, /� Theodore G. Simon City Engineer TGS.-ssg enclosure cc: William M. Huber Sam Shoucair Irene Marr_ote Tom Tomlinson 32400 PASEO ADEL.ANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 • (714) 493-1171 j, i MEMBERS OF THE CITE COUNC Ly7� KENNETH E GRiE55 JERRY HARRIS GARY L NAUSOORFER q nuumn 1961 GIL JONES 1776 JEFF VASGUEZ • CITU MANAGER STEPHEN B JULIAN August 11, 1992 Mr. Mike Knapp Marbella Development Company 27462 Calle Arroyo, Ste. A San Juan Capistrano, CA 92675 Subject: Amendment to Reimbursement Agreement, Tract 12954, Rancho Viejo Road Dear Mr. Knapp: I have reviewed your proposed modification to the amended reimbursement agreement and concur with the suggested changes. I have modified the amendment with only minor changes to your suggestions. Please review and execute at your earliest convenience. Very truly yours, William M. Huber, Director Dept, of Engineering do Building WMH/st cc: George Scarborough Ted Simon✓ 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 • (714) 493-1171 ' RECORDING REQUEST BY: • City of San Juan Capistrano AND WHEN RECORDED MAIL TO: City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 PROJECT: Tract 12954 AMENDMENT TO REIMBURSEMENT AGREEMENT FOR CONSTRUCTION OF RANCHO VIEJO ROAD THIS AMENDMENT to the Reimbursement Agreement for Construction of Rancho Viejo Road by and between the City of San Juan Capistrano, a Municipal Corporation, hereinafter called the "CITY" and Marbella Development Company, a California General Partnership, hereinafter called the "DEVELOPER", whose mailing address is: Marbella Development Company 27462 Calle Arroyo, Suite A San Juan Capistrano, CA 92675 WITNESSETH : WHEREAS, the CITY and DEVELOPER wish to amend the conditions of the previous reimbursement agreement, dated September 15, 1987; NOW, THEREFORE, in consideration of the premises and promises hereinafter contained, CITY and DEVELOPER agree as follows: Section 111. Reimbursement" is revised in its entirety as follows: 1. Reimbursement a. DEVELOPER agrees to pay CITY Thirty-three Per Cent (33%) of the estimated design and construction costs of the improvement between the northerly boundary of Tract 12954 and Junipero Serra Road which amount is $95,000. b. DEVELOPER agrees to pay its pro rata share of bridge improvements for the Trabuco Creek Bridge in the amount of $114,196. Section 112. Costs of Construction" is revised in its entirety as follows: 2. Costs of Construction - Costs of improvements shall be based on the most. recent engineer's estimate of costs for Rancho Viejo Road, off-site of tract 12954, as approved by the City Engineer, plus applicable design completion, survey and construction management of the project. Tract 12954 Section "10. Schedule of Payments" is hereby added as follows: 10. Schedule of Payments - DEVELOPER shall pay to the CITY $209,196 within Thirty 30 Days after the City Counil has approved said Amendment. In addition, upon fulfillment of the conditions of this Agreement, the CITY will immediately cause the surety bonding for said obligation to be released in its entirety. The CITY also agrees that this Agreement is intended to fulfill the Rancho Viejo Road Reimbursement Agreement, the conditions of Project approval related to this matter, the Development Agreement provisions related to this matter and any other agreements between the CITY and the DEVELOPER related to this obligation. Further, the CITY agrees that the DEVELOPER shall have no further obligations with regard to the Rancho Viejo Road widening or the Trabuco Creek Bridge with the development of its 45-lot subdivision referred to as Tract 14181. The CITY shall have no further obligations to refund the DEVELOPER for design costs incurred to date with regard to these improvements. IN WITNESS WHEREOF, the parties have executed this Amendment to Agreement as of CITY OF SAN JUAN CAPISTRANO GIL JONES, Mayor ATTEST: DEVELOPER BY: CHERYL JOHNSON, City Clerk Title: APPROVED AS TO FORM: BY: Title: RICHARD K. DENHALTER, City Attorney 4" .LLU MIJ DCAU I'MA AV. 4UClCOl ULO Marbella Development Company 19672 Stevens Creek Boulevard,#197 Cupertino, California 95014 August 11, 1994 City Cleric City of San Juan Capistrano 32440 Paseo Adelanto San Juan Capistrano, California re: Surety Bond#100646, Tract 912954,Outside Public Street Improvements Dear City Clerk: Marbella Development Company would like to provide the City of San Juan Capistrano with a certificate of deposit in place of the above referenced bond as soon as possible. Please advise us at your earliest convenience as to the appropriate manner to replace the above surety with a certificate of deposit. Thank you for your immediate attention to this request. Please fax approriate information to (408)725-1626. Sincerely, Michael L. Knapp MEMBERS OF THE CITY COUNCIL �\ KENNETH E.FRIESS JERRY HARRIS mm ncenp GARYL.ARRISRFEfl 1S mawmm 1961 GIL JONES 1776 JEFFVASOUEZ CITY MANAGER GEORGE SCARBOROUGH October 23 , 1992 Mr. Michael Knapp Fairway Properties 27462 Calle Arroyo San Juan Capistrano, CA 92675 Re: Release of Bonds - Public Street Improvements (Tract 12954) Dear Mr. Knapp: Per City Council action of September 15, 1992 , the following bonds are hereby released as of today, October 23 , 1992 : BOND NO. PURPOSE AMOUNT NA 100645 Faithful Performance $205, 000 NA 100645 Labor & Material $205, 000 Enclosed are certified copies for your records. If you have any questions, please do not hesitate to call me at 493-1171, extension 243 . V//ery truly yours, Dawn M. Schanderl Deputy City Clerk Enclosure cc: Cheryl Johnson, City Clerk Bill Huber, Director of Engineering & Building Tony Foster, Engineering Assistant Marbella Property Owners Association James Econn & Company 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • X7141 493-1171 RtLEASED . . Bond No. NA 100645 DATE a 3 Premium Included INITIALS LABOR AND MATERIAL BOND (PUBLIC STREET IMPROVEMENTS WITHIN TRACT 12954) KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano a municipal corporation of Orange County, California, has awarded to Marbella Development Corporation , License No. , hereinafter designated as "Principal", a contract for Tract 12954 ; and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we Marbella Development Company Principal, and National Indemnity Companyas surety, are held firmly bound unto-the City of San Juan Capistrano, a municipal corp,oration, in the penal sum of Two Hundred Five Thousand and No/100ths***************** DOLLARS ($205.00O.Ok lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub-contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division S, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the 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 obligation on 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. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. • • Bond No. NA 100645 Labor 6 Material - Page Two 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 10th day of September 19 87 . 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. Marbella Development Company PRINC By sident The Fairway Land Company A Gene 1 Partner Nati al Indemnity Company SURETY By Margaret E. O'Brien, Attorney in Fact APPROVED AS TO FORM c/o James Econn 5 Co. 3055 Wilshire Boulevard Los Angeles, California 90010 JOKNIR. SHAW, ATTORNEY STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th day of September in the year 1987 before me, Alice M. Stump a Notary Public, State of California, duly commissioned and sworn, personally appeared Jon T. Brown personally known to me (or proved to me on the basis of satisfactory evidence) to be the President of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Jon T. Brown, President, The Fairway Land Company — A General Partner IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official , seal in the Orange County of California on the date set forth above in this certificate. Notary Public, State oe ilalifornia OFFICIAL SEAL ALICE M.STUMP Notary Pudic Calitwnia ORANGE COUNTY Qmy Commission Exp.5117191 My commission expires May 17, 1991 ACI$WLEDGMENT OF ANNEXED INSTF14T 4 STATE OF CALIFORNIA l COUNTY OF Los Angeles )y as On this 10th day of September in the year 1987 before me, Lisa L. Thornton a Notary Public, State of California, duly commisloned and sworn, personally appeared Margaret E. O'Brien personally known to me (or proved to me on the basis of satisfactory evidence) to be the _ Attorney in Fact of the corporation that executed the within instrument, and also known to me to be the parson who executed the within instrument on behalf of the corporation therein named, and acknowledged to me.lhal such corporation executed the same. National Indemnity Company IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Los Angeles County of California on the date set forth above in this certificate. _\ Nota Public, late of ornia -- - OF FICIAL SEAL 22 M commission expires May 24. 1989 LISA L. THORNTON y p {p Notary Public,Callfania _ + o Principal Office In Los Angeles County Cornrn- Exp May 24, 19Q9 w r.fvxr'C'�P1MHH�rHN���'�11��♦ POWER-OF-ATTORNEY FOR SUBDIVISION BONDS NATIONAL INDEMNITY COMPANY NGP N4 202534 3024 HARNEY STREET ' OMAHA,NEBRASKA 68131 KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which it authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN, THE AUTHORITY OF THE ATTORNEY-IN-FACT and THE LIABILITY OF THE COMPANY Two Million Dollars ($2,000,000,00 N ANY NE BOND ._..,,,, R SHALL NOT EXCEED .......................... ........ ... ....... ......4.......4. ............... USE OF MORE THAN ONE POWER VOIDS THE BOND NATIONAL INDEMNITY COMPANY, a Nebraska corporation, having its principal office in the City of Omaha, state of Nebraska, does hereby make, constitute and appoint James W. Econn, Donald Killian III, Margaret E. O'Brien, Linda 0 Sciaini, and Barry M. Sullock in the City of LOS ANGELES,County of LOS ANGELES,State of CALIFORNIA,its true and lawful attorney-in4act,at LOS ANGELES,in the State of CALIFORNIA to make,execute,seal and deliver for and on its behalf, m and as its act and deed,only the following classes of Subdivision Bonds:Subdivision Improvement including Performance and Labor O and Materials; Subdivision Inspection; Subdivision Survey or Monument; Subdivision Tax; Subdivision Warranty; Completion mC Common Facilities;Maintenance Assessment;Release of idechanic's Lien;Release of Stop Notice;License or Permit Bonds required In connection with the subdivision (or subdivision related); Bonds required by F.H.A. or other similar government agencies; Conversion tax or fee;Advance Payments required by Federal,State,County,Municipal Authority,or other obligees,provided that 9' the liability of the company as surety on any such bond executed under this authority shall not to any event exceed the sum shown _ above. THIS POWER VOID IF ALTERED OR ERASED This power Is not valid unless used before December 31, 1988 The acknowledgement and execution of any such document by said Attorney-in-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. - Q This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of NATIONAL INDEMNITY COMPANY at a meeting duly called and held on the 3rd day of January,1986: RESOLVED,that the President,or any Vice President,or Assistant Vice President,of the Company,be,and that each of any of them hereby is,authorized to"more Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute In behalf of NATIONAL INDEMNITY COMPANY bonds,undertakings and all contracts of suretyship;and that any Secretary or any Assistant Secretary be,and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company, FURTHER RESOLVED, that the signatures 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 hearing Such facsimile signatures or facsimile seat shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof NATIONAL INDEMNITY COMPANY has caused its official seal to be hereunder affixed,and these presents to be signed by its Assistant Vice President and attested by its Assistant Secretary this 6th day of January, 1986. ATTEST NATIONAL INDEMNITY COMPANY ( Jf Gln/ Q. I/W.XX. Y�PY�'�d Assistant Secretary BY v As>Istant Vice President STATE OF CALIFORNIA l COUNTY OF LOS ANGELES J SS On this 0th day of January, 1986,before me,a Notary Public personally appeared Thomas A.Bolt,who being by me duly sworn, acknowledged that he signed the above Power of Attorney as Assistant Vice President of said NATIONAL INDEMNITY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. My Commission expires May 20,1988 OFFICIAL SEAL NANCY M FLORES � NOTPaY PUBLIC-CALIFORNIA 'J7'�' =""a"M C0Y 20 ar axnm.W"S YAM m.19N CERTIFICATION Notary Public,California STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS 1, the undersigned,Assistant Secretary of NATIONAL INDEMNITY INSURANCE COMPANY,a Nebraska Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that the By-Laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney, are now in force. Signed and sealed at Pasadena,California 10th day of. . .. September .. .. _ .. .. , 19_87. _ .. Dated the....... ....... ............ .. ..... . . . .. .. .. /\ Assistant Secretary (.ONLY ONE POWER-OF-ATTORNEY MAY BE ATTACHED TO A BOND. VVV 2.POWER-OF-ATTORNEY MUST NOT BE RETURNED TO ATTORNEY-IN-FACT,BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS. 3.THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS,OR BONDS FOR CRIMINAL. APPEARANCE. 4.THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR IRAN GUARANTEES OR ANY BONDS. OTHER THAN THOSE ENUMERATED ABOVE. N1 11811,0186) •oBond No. NA 100645 Premium $3,075.00 SUBDMSION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE S 66499 .1) - (PUBLIC STREET IMPROVEMENTS WITHIN TRACT 12954) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Marbella Develonment Company (hereafter designated as "Principal") , have entered into a Sub- division Agreement whereby Principal agrees to install and complete certain designated public improvements , which said Agreement dated , 19 , and identified as Project Tract 12954 , is hereby referred to and made a part hereof; and WHEREAS , said Principal is required, under the terms of the said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, we, the Principal and National Indemnity Company = , as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee") , is the sum of Two Hundred Five Thous=d acld No/100ths*****************0**000*00**** Dollars, lawful money of the IInfted 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 affect. Surety waives any rights , if there by any, to require that a demand be ag�eEgA gainst the Principal in the event of default. tttt��ll..��gq HE IT FURTHER RESOLVED: DATE_ 6-oc 3-qa --- INITIALS 1. As a part of the obligation secured hereby, and in •� Bond No. NA 100645 Performance-Page Two addition to the face amount specified, there shall be included costs and reasonable expenses and fees , including reasonable . attorney' s fees , incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modifi- cation of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder . 87 Executed this 10th day Of Sentemhnr 19*5 , at Los Angeles , California. PRINCI _Maybe a Dev pment Company _ �y f�'0 m✓ L C (N ATION AND SEAL) SURETY APPROVED AS TO FORM. National Indemnity Company By: Margaret . O'Brien, Attorney in Fact J R. Shaw (NOTARIZATION AND SEAL) it Attorney c/o James Econn & Co. 3055 Wilshire Boulevard Los Angeles, California 90010 Paae 2 - SUBDIVISION FAITHFUL PERFORMANCE BOND STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th day of September in the year 1987 before me, Alice M. Stump a Notary Public, State of California, duly commissioned and sworn, personally appeared Jon T. Brown personally known to me (or proved to me on the basis of satisfactory evidence) to be the President of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Jon T. Brown, President, The Fairway Land Company - A General Partner IN WITNESS WHEREOF, I have hereunto set my hand and affixad my official seal in the Orange County of California on the date set forth above in this certificate. ss Notary Public, State of lifornia OfF1CiAl SEAL ALICE M.STUMP Nm„v Fuolic c�ero,�a ONANGE COUNTY MyCommisslonEzp.S/17191 My commission expires May 17, 1991 ACIWLEDGMENT OF ANNEXED INSTRL04T STATE OF CALIFORNIA l COUNTY OF Los Angeles On this 10th day of September in the year 1987 before me, Lisa L. Thornton a Notary Public. Stale of California, duly commisloned and sworn, personally appeared Margaret E. O'Brien personally known to me (or proved to me on the basis of satisfactory evidence) to be the _ Attorney in Fact of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me.that such corporation executed the same. National Indemnity Company IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Los Angeles County of California on the dale set forth above in this certificate. Notary Pub c, tate of California �o Of FICIAL SEAL —� LISA L. THORNTON Fv. Notary Public California My commission expires May 24, 1989 Principal Office In Los Angeles County My Comm. Exp. May 24, 1989 w n- POWER-OF-ATTORNEY • FOR SUBDIVISION BONDS NATIONAL INDEMNITY COMPANY NGP N4 202534 3024 HARNEY STREET OMAHA,NEBRASKA 68131 KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which it 9 authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN, THE AUTHORITY OF THE ATTORNEY-IN-FACT and THE LIABILITYOFTHE COMPANY Q SHALL NOT EXCEED ............TWO Million,Dollars,. ($2,000,ODD.00),,,,,,ONANY ONE BOND . ........... USE OF MORE THAN ONE POWER VOIDS THE BOND 9 fit itNATIONAL INDEMNITY COMPANY, a Nebraska corporation, having its principal office in the City of Omaha, state of Nebraska, does hereby make, Constitute and appoint James W. Econn, Donald Killian III, Margaret E. O'Brien, Linda a Sciaini, and Barry M. Sullock in the City of LOS ANGELES,County of LOS ANGELES,State of CALIFORNIA,its true and aj lawful attorney-in-fact,at LOS ANGELES,in the State of CALIFORNIA to make,execute,seal and deliver for and on its behalf, m and as its act and deed,only the following clsses of Subdivision Bonds:Subdivision Improvement including Performance and Labor O and Materials; Subdivision Inspection; Subdivision Survey or Monument; Subdivision Tax; Subdivision Warranty; Completion C Common Facilities;Maintenance Assessment;Release of Mechanic's Lien;Release of Stop Notice;License or Permit Bonds required in connection with the subdivision (or subdivision related); Bonds required by F.H.A. or other similar g(vemment a encies; - Conversion tax or fee;Advance Payments required by Federal,State,County,Municipal Authority,or other obligees,provided that the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sum shown F above. THIS POWER VOID IF ALTERED OR ERASED This power is not valid unless used before December 31, 1988 The acknowledgement and execution of any such document by said Attorney-in-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. s� This Power of Attorneyis granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board ofDirectorsof NATIONAL INDEMNITY COMPANY at a meeting duly called and held on the 3rd day of January,1986: RESOLVED,that the President,or any Vice President,or Assistant Vice President,of the Company,be,and that each of any of them hereby is,authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute (� in behalf of NATIONAL INDEMNITY COMPANY,bonds,undertakings and all contracts of suretyship;and that any Secretaryor any Assistant Secretary be,and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures 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 and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof NATIONAL INDEMNITY COMPANY has caused its official seal to be hereunder affixed,and these presents to be signed by its Assistant Vice President and attested by its Assistant Secretary this 6th day of January,1986. ATTEST NATIONAL INDEMNITY COMPANY , (`Assistant Secretary BY v Assistant Vice President STATE OF CALIFORNIA i COUNTY OF LOS ANGELES J SS On this 6th day of Ianuary,1986,before me,a Notary Public personally appeared Thomas A.Bolt,who being by me duly sworn, acknowled¢ed that hhe signed the above Power of Attorney as Assistant Vice President of said NATIONAL INDEMNITY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. My Commission expires May 20,1988 OFFICIAL SEAL NANCY M FLORES IQ NOTARYos MaEI�CALIFORNIA CERTIFlCATION ( a`'` Not Public,California ar Comm.sWM e8Y m ba! STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS I,the undersigned,Assistant Secretary of NATIONAL INDEMNITY INSURANCE COMPANY,a Nebraska Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that the By-Laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney, are now in force. Signed and sealed at Pasadena,California Dated the. 10th Se tember . ... 19..87 aay nf....... P........ .,.. ..... ../. .. ..'�'.ty'.. . .7.. QAssistant Secretary 1.ONLY ONE POWER-OF-ATTORNEY MAY BE ATTACHED TO A BOND. 2.POWER-OF-ATTORNEY MUST NOT BE RETURNED TO ATTORNEY-IN-FACT,BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS. 3.THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS,OR BONDS FOR CRIMINAL APPEARANCE. 4.THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES OR ANY BONDS. OTHER THAN THOSE ENUMERATED ABOVE. NI I I81P(1188) Bon@WrEAS& R5 J Premium $3,075.00 SUBDIVISION FAITHFUL PERFORMANCE BO&TE ' (GOVERNMENT CODE § 66499 .1) 'NMAIS (PUBLIC STREET IMPROVEMENTS WITHIN TRACT 12954) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Marbella Deyelonmanr rnm�any (hereafter designated as "Principal") , have entered into a Sub- division Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated , 19 , and identified as Project Tract 12954 , is hereby referred to and made a part hereof; and WHLREAS , said Principal is required, under the terms of the said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW,•-_THEREFORE, we, the Principal and National Indemnity Company = , as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee") , in the sum of Two Hundred Five Tbousa9d and No/100ths*****************0**000*00**** 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 . i 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 Bond No. NA 100645 'Performance-Page Two addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modifi- cation of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder . 87 Executed this 10th day of sentemher 1999 , at Los Angeles , California. e PRIM _Mar I la DA4,efopment Company - - y. �t�i CoEN�+KPi02nra:,� G-A.vd Cbs+RP�1y (N TION AND SEAL) SURETY APPROVED AS TO FORM. National Indemnity Company' Margare E. O'Brien, Attorney in Fact J R. Shaw (NOTARIZATION AND SEAL) it Attorney c/o James Econn & Co. 3055 Wilshire Boulevard Los Angeles, California 90010 Page 2 - SUBDIVISION FAITHFUL PERFORMANCE BOND STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th day of September in the year 1987 before me, Alice M. Stump a Notary Public, State of California, duly commissioned and sworn, personally appeared Jon T. Brown personally known to me or roved to me on the p y ( p basis of satisfactory evidence) to be the President of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Jon T. Brown, President, The Fairway Land Company — A General Partner IN WITNESS WHEREOF, I have hereunto set my hand and affixad my official seal in the Orange County of California on the date set forth above in this certificate. Notary Public, State o California 0.lMPAm liforniarrMy commission expires May 17, 1991 p.5/17191 AC&LEDGMENT OF ANNEXED INSTRUST STATE OF CALIFORNIA COUNTY OF Los Angeles a ' 10th September 1987 On this day of in the year before me, Lisa L. Thornton a Notary Public, Slate of California, duly commisioned and sworn, personally appeared Margaret E. O'Brien personally known to me (or proved to me on the basis of satisfactory evidence) to be the _ Attorney in Fact of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me.that such corporation executed the same. National Indemnity Company IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Los Angeles County of California on the date set forth above in this certificate. �� Lary Pub , State of California 'µ .pµ•?•HMH••�e��SEA����~ OFFICIAL SEAL My commission expires May 24. 1989 jk♦ ,Jam' ,, LISA L. THORNTON Notary PublloCaliforno Principal Officein nt Los Angeles County My Comm. Exp. May 24, 1989 lam" POWER-OF-ATTORNEY FOR SUBDIVISION BONDS NATIONAL INDEMNITY COMPANY NGP NQ 202534 3024 HARNEY STREET OMAHA,NEBRASKA 68131 KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which it yyy C authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN, THE AUTHORITY OF THE ATTORNEY-IN-FACT and THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ............TWO Mill1On,Dol 1prs,.(@2,OOQ000,00)....,,ON ANYCNE.BOND. .. USE OF MORE THAN ONE POWER VOIDS THE BOND NATIONAL INDEMNITY COMPANY, a Nebraska corporation, having its principal office in the City of Omaha, state of "� Nebraska, does hereby make, constitute and appoint James W. Econn, Donald Killian III, Margaret E. O'Brien, Linda a O Sciaini, and Barry M. Sullock in the City of LOS ANGELES,County of LOS ANGELES,State of CALIFORNIA,its true and as ,71 lawful attorney-In-fact,at LOS ANGELES,in the State of CALIFORNIA to make,execute,seal and deliver for and on its behalf, m and m its act and deed,only the following classes of Subdivision Bonds:Subdivision Improvement including Performance and Labor • and Materials; Subdivision Inspection; Subdivision Survey or Monument; Subdivision Tax; Subdivision Warranty; Completion C Common Facilities;Maintenance Assessment;Release of Mechanic's Lien;Release of Stop Notice;License or Permit Bonds required in Connection with the subdivision (or subdivision related); Bunds required by F.H.A. or other similar government agenvies; Conversion tax or fee;Advance Payments required by Federal,State,County,Municipal Authority,or other obligees,provided that the liability of the company as surety on any such bond executed under this authority shall not in any event excoed the sum shown T above. i7 THIS POWER VOID IF ALTERED OR ERASED This power Is not valid unless used before December 31, 1988 The acknowledgement and execution of any such document by said Attorney-in-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. a, This Power of Attorneyis granted and Is signed and sealed b facsimile under and by the authority of the following Resolution - adapted by the Board of irectors of NATIONAL INDEMNITY COMPANY at a meeting duly called and held on the 3rd day of January,1986: RESOLVED,that the President,or any Vice President,or Assistant Vim President,of the Company,be,and that each of any of them hereby is,authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of NATIONAL INDEMNITY COMPANY bonds,undertakings and ail contracts of suretyship;and that any Secretary or any Assistant Secretary be,and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures 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 and in the future with respect to any bund, undertaking or Contract of suretyship to which it is attached." In Witness Whereof NATIONAL INDEMNITY COMPANY has caused its official seal to be hereunder affixed,and these presents to be signed by its Assistant Vice President and attested by its Assistant Secretary this 6th day of January, 1986. ATTEST NATIONAI-INDEMNITY COMPANY /1 Assistant Secretary BY v r' Assistant Vice President 0 STATE OF CALIFORNIA l COUNTY OF LOS ANGELES}SS On this 6th day of January,1986,before me,a Notary Public personally appeared Thomas A.Bolt,who being by me duly sworn, acknowledged that he signed the above Power of Attorney as Assistant Vice President of said NATIO AL INDEMNITY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. My Commission expires May 20,1988 OFFICIAL SEAL NANCY M FLORES NOTARY PUBLIC-CALIFORNIA LOS"MGEFSC01N" CERTIFICATION Notary Public,California Ary teem urMtl MAY M 191 STATE OF CALIFORNIA COUNTY OF LOS ANGELES I SS I, the undersigned,Assistant Secretary of NATIONAL INDEMNITY INSURANCE COMPANY,a Nebraska Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that the By-Laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney, are now In force. Signed and sealed at Pasadena,California Dated the.. ........ .10th ......... ..... .. _ ... .. . .day of. .. . September .. . . ./. . . ..Q. . .. . .C�'l\119987C/.�_ . /1 Assistant Secretary 1.ONLY ONE POWER-OF-ATTORNEY MAY BE ATTACHED TO A BOND. VVV 2.POWER-OF-ATTORNEY MUST NOT BE RETURNED TO ATTORNEY-IN-FACT,BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS. 3.THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LANCLAIMS,OR BONDS FOR CRIMINAL. APPEARANCE. 4.THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES OR ANY BONDS. OTHER THAN THOSE ENUMERATED ABOVE. NI 1181POM) Bond No. NA 100645 Premium Included RELEASLU LABOR AND MATERIAL BOND (PUBLIC STREET IMPROVEMENTS WITHIN TRACT 1295bATE KNOW ALL MEN BY THESE PRESENTS: That INITIALS WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to Marbella Deveopment Corporation License No. , hereinafter designated as "Principal", a contract for Tract 12954 ; and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we Marbella Development Company Principal, and National Indemnity Company , as surety, are held firmly bound unto.the City of San Juan Capistrano, a municipal corporation, in the penal sum of Two Hundred Five Thousand and No/100ths***************** DOLLARS ($205.000.0 , lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub-contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division S, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the 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 obligation on 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. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. • Bond No. NA 100645 Labor & Material - Page Two 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 10th day of September , 19 87 . 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. Marbella Development Company PRI A /lssi �, rrfE FA,�w�f✓ LAS �.4 wv ®Bivsc,ac Na demnity Company SURETY P By Margaret4E. O'Brien, Attorney in Fact APPROVED AS TO FORM c/o James Econn & Co. 3055 Wilshire Boulevard Los Angeles, California 90010 JONNIR. SHAW, CITY ATTORNEY STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th day of September in the year 1987 before me, Alice M. Stump , a Notary Public, State of California, duly commissioned and sworn, personally appeared Jon T. Brown personally known to me (or proved to me on the basis of satisfactory evidence) to be the President of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Jon T. Brown, President, The Fairway Land Company — A General Partner IN WITNESS WHEREOF, I have hereunto set my hand and affigad my official seal in the Orange County of California on the date set forth above in this certificate. OFFICIAL SEAL Notary Public, State of Oalifornia ALICE M. STUMP Natary Pualk Calilamla ORANGE COUNTY Nh Commission fxD 5117/91 My commission expires May 17, 1991 ACOWLEDGMENT OF ANNEXED INSTRL&T STATE OF CALIFORNIA COUNTY OF Los Angeles 10th September 1987 On this day of _ in the year before me, Lisa L. Thornton a Notary Public, State of California, duly commisfoned and sworn, personally appeared Margaret E. O'Brien personally known to me (or proved to me on the basis of satisfactory evidence) to be the _ Attorney in Fac[ of the corporation that executed the within instrument, and also known to me to be the parson who executed the within instrument on behalf of the corporation therein named, and acknowledged to me.lhat such corporation executed the same. National Indemnity Company IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Los Angeles County of California on the date set forth above in this certificate. Not rl Public State of California 2 � OFFICIAL SEAL + 4v _ LISA L. THORNTON M commission fres May 24, 1989 Notary Puoiccatifornia y expires Principal Office In g . > Las Angeles County My Comm. UP. May 24, 1989 "yLnn • POWER-OF-ATTORNEY • FOR SUBDIVISION BONDS NATIONAL INDEMNITY COMPANY NGP N9 202534 3024 HARNEY STREET OMAHA,NEBRASKA 68131 KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which it M9 authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THF LIABILITY OF THE COMPANY, HEREIN, 1 THE AUTHORITY OF THE ATTORNEY-IN-FACT and THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ............TWO Million DDIIarS ($2,000,00,00),.,.,,ON ANYONE BOND_. USE OF MORE THAN ONE POWER VOIDS THE BOND NATIONAL INDEMNITY COMPANY, a Nebraska corporation, having its principal office in the City of Omaha, state of Nebraska, does hereby make, constitute and appoint James W. Econn, Donald Killian III, Margaret E. O'Brien, Linda } Sciaini, and Barry M. Sullock In the City of LOS ANGELES,County of LOS ANGELES,State of CALIFORNIA,its true and }" •Z lawful attorney-in-fact,at LOS ANGELES,In the State of CALIFORNIA to make,execute,seal and deliver for and on its behalf, a m and m its act and deed,only the following classes of Subdivision Bonds:Subdivision Improvement including Performance and Labor O end Materials; Subdivision Inspection; Subdivision Survey or Monument; Subdivision Tax; Subdivision Warranty; Completion C Common Facilities;Maintenance Assessment;Release of Mechanic's Lien;Release of Stop Notice;License or Permit Bonds required in connection with the subdivision (or subdivision related); Bunds required by F.H.A. or other similar government agencies; Conversion tax or fee;Advance Payments required by Federal,State,County,Municipal Authority,or other obligees,provided that �• the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sum shown above. THIS POWER VOID IF ALTERED OR ERASED This power Is not valid unless used before December 31, 1988 The acknowledgement and execution of any such document by said Attorney-in-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. $ This Power of Attorneyis granted and Is signed and sealed by facsimile under and by the authorityof the following Resolution adopted by the Board ofDirectorsof NATIONAL INDEMNITY COMPANY at a meeting duly caled and held on the 3rd day of January,1986: RESOLVED,that the President,or any Vice President,or Assistant Vice President,of the Company,be,and that each of any of them hereby is,authorized to execute Powersof Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of NATIONAL INDEMNITY COMPANY bonds,undertakings and ali contracts of suretyship;and that any Secretary or any Assistant Secretary be,and that each or any of t(sem hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures of such officers and the seal of the Company maybe affixed to:my 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 and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof NATIONAL INDEMNITY COMPANY has caused its official seal to be hereunder affixed,and these presents to be signed by its Assistant Vice President and attested by its Assistant Secretary this 6th day of January, 1986. ATTEST `"'o''o� NATIONAL INDEMNITY COMPANY - istantSecretary BY ��nY V ` Asaslanl Vice President C STATE OF CALIFORNIA i COUNTY OF LOS ANGELES I SS On this 6th day of January,1986,before me,a Notary Public personally appeared Thomas A.Bolt,who being by me duly sworn, acknowledged that he signed the above Power of Attorney as Assistant Vice President of said NATIONAL INDEMNITY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. My Commission expires May 20,1988 OFFICIAL sEAL NANCY M FLORES NOTA raatlC-CALIFORNIA UIS/alatIeoY CERTIFICATION Notary Public,California Lb pow.LVaM WIT la 19M STATE OF CALIFORNIA COUNTY OF LOS ANGELES J SS I, the undersigned, Assistant Secretary of NATIONAL INDEMNITY INSURANCE COMPANY, a Nebraska Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that the By-Laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney, are now in form. Signed and sealed at Pasadena,California Dated the...........10th............. ..... _ .. . .. .day of. . . . September 19. 87 QAssistant Secretary 1.ONLY ONE POWER-OF-ATTORNEY MAY BE ATTACHED TO A BOND. 2.POWER-OF-ATTORNEY MUST NOT BE RETURNED TO ATTORNEY-IN-FACT,BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS. 3.THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS,OR BONDS FOR CRIMINAL. APPEARANCE, 4.THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES OR ANY BONDS. OTHER THAN THOSE ENUMERATED ABOVE. Ni 1191Pp180 JaftI MEMBERS OF THE CITY COUNCIL s � JERRY HARRIS KENNETH E FRIESS DRUGVSE tom. novo iul[ GARY L HAUSOORFER IS ,ras l,i, , 1961 GIL JONES 0 1776 JEFF Vq SOUEZ CITY MANAGER STEPHEN B JULIAN February 5, 1992 Mr. Michael Knapp Marbella Development Company 27462 Calle Arroyo, Suite A San Juan Capistrano, CA 92675 Re: Release of Performance Bond - Private Street Im rovements Phase I Marbella Development Company, Tract 12954 Dear Mr. Knapp: Enclosed is a certified copy of the following bond held as surety for the above-referenced project: PURPOSE AMOUNT Performance Bond No. 100648 $10,000.00 Private Street Improvements Phase I The Performance Bond is hereby released effective February 4, 1992 by City Council action. If you have any questions, please do not hestitate to call. Very truly yours, Dawn M. Schanderl Deputy City Clerk Enclosure cc: Bill Huber, Director of Engineering be Building Services Theodore Simon, City Engineer James Econn do Company 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 4931171 Bond No. NA 100648 Premium $10,816.0.0 0 &dz/5 DDo �v PERFORMANCE BOND � �Cl�lld>J O Mfg (PRIVATE STREET IMPROVEMENTS - PHASE I) KNOW ALL MEN BY THESE PRESENTS:That Marbella Development Company as Principal, hereinafter called CONTRACTOR, and National Indemnity Cnmoanv , as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of Seven Hundred Twenty one Thousand Eleven and No/1OOths************** ($721.011.00) oltars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated , entered into a (describe agreement): Development Agreement with the City of San Juan Capistrano provid#ng in part that Developer perform certain improvements relating to Tract 12954 as shown above, which contract is by reference made a part hereof; NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. RELEASED DATE BE IT FURTHER RESOLVED, that: INITIALSG�irrza- 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. r NA 100648 . Performance- Page Two 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive - notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this 10th day of September 19 87 at Los Angeles California. PRINCIPAL Marbella,De Vepment Company B e1ON e Fairway LandCompany artner APPROVED AS TO FORM (NcLcAND SEAL) s""� , J R. SHAW, CITY ATTORNEY SURETY National Indemnity Company i By: � Mar ar E. O'Brien At orney in Fact (NOTARIZ TION AND S`EAL� c/o James Econn & Co. 3055 Wilshire Boulevard Los Angeles, California 90010 STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th day of September in the year 1987 before me, Alice M. Stump a Notary Public, State of California, duly commissioned and sworn, personally appeared Jon T. Brown personally known to me (or proved to me on the basis of satisfactory evidence) to be the President of the corporation that executed the within instrumert, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Jon T. Brown, President, The Fairway Land Company - A General Partner IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Orange County of California on the date set forth above in this certificate. AI Notary Public, Stat I jo California Off1C1Al SEAL ALICE M. STUMP Notary Wblk Calilarnia onANCEcouNrr My commission expires May 17, 1991 My Commission Exp.SIt7191 ' ACSWLEDGMENT OF ANNEXED INSTRUIOT STATE OF CALIFORNIA COUNTY OF Los Angeles On this 10th day of September in the year 1987 before me, Lisa L. Thornton a Notary Public, State of California, duly commisloned and sworn, personalty appeared Margaret E.. O'Brien personally known to me (or proved to me on the basis of satisfactory evidence) to be the _ Attorney in Fact of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me.lhal such corporation executed the same. National Indemnity Company IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Los Angeles County of California on the date set forth above in this certificate. v� Notary Pub of California My commission expires May 24, 1989 {oee-ooso osNNN����o�H���oH 6 r oa OFFICIAL SEAL t t LISA L. THORNTON X ,9 Notary PublioCalifwnia 'y Principal Office In Los Angeles County ., .•� My Comm. Exp. May 24, 1989 NyNHN N-�1111�N��f• I�nID x • POWER-OF-ATTORNEY FOR SUBDIVISION BONDS NATIONAL INDEMNITY COMPANY NGP N4 202537 3024 HARNEY STREET OMAHA,NEBRASKA 68131 .KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which it authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN, THE AUTHORITY OF THE ATTORNEY-IN-FACT and THE LIABILITY OF THE COMPANY R SHALL NOT EXCEED ............TWO JVl_IIlion DOIIars.. (S,2,ODO,000.00)......ON A.Ny,ONE,@ONp,, USE OF MORE THAN ONE POWER VOIDS THE BOND E NATIONAL INDEMNITY COMPANY, a Nebraska corporation, having its principal office in the City of Omaha, state of Nebraska, does hereby make, constitute and appoint James W. Econn, Donald Killian III, Margaret E. O'Brien, Linda O Seiafnf, and Barry M. Sullock in the City of LOS ANGELES,County of LOS ANGELES,State of CALIFORNIA,its true and lawful attorney-in-feet,at LOS ANGELES,in the State of CALIFORNIA to make,execute,seal and deliver for and on its behalf, iii m and as its act and deed,only the following classes o[Subdivision Bonds:Subdivision Improvement including Performance and Labor O and Materials; Subdivision Inspection; Subdivision Survey or Monument, Subdivision Tax; Subdivision Warrant) Completion Common Facilities;Maintenance Assessment;Release of Mechanics Lien;Release of Stop Notice;License or Permit Bonds required C C in connection with the subdivision (or subdivision related); Bands required by F.H.A. or other similar government agencies; Conversion tax or fee;Advance Payments required by Federal,State,County,Municipal Authority,or other obligees,provided that the liability of the company as surety on any such bund executed uudcr this authority shall not in any event excn:d the sum shown above. THIS POWER VOID IF ALTERED OR ERASED This power Is not valid unless used before December 31, 1988 The acknowledgement and execution of any such document by said Attorney-in-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. Q This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of NATIONAL INDEMNITY COMPANY at a meeting duly called and held on the 3rd day of January,1986: RESOLVED,that the President,or any Vice President,or Assistant Vice President,of the Company,be,and that each of any of them hereby is,authorized to execute Powers of Attorney qualif ing the attorney named in the given Power of Attorney-to execute in behalf of NATIONAL INDEMNITY COMPANY bonds, undertakings and all contracts of suretyship;and that any Secretary or any Assistant Secretary be,and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures 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 Attornev or certificate hearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof NATIONAL INDEMNITY COMPANY has caused its official seal to be hereunder affixed,and these presents to be signed by its Assistant Vice President and attested by its Assistant Secretary this 8th day of January,1986. ATTEST NATIONAL.INDEMNITY COMPANY _ (1 Assistant Secretary BY v Assistant Vice President 0 STATE OF CALIFORNIA 11 COUNTY OF LOS ANGELES I SS On this 6th day of tanuary,1986,before me,a Notary Public personally appeared Thomas A.Boit,who being by me duly swam, acknowledged that ha signed the above Power of Attorney as Assistant Vico President of said NATIONAL INDEMNITY COMPANY and acknowledged said Instrument to be the voluntary act and deed of said corporation. My Commission expires May 20,1988 OFFICIAL SEAL NANCY M FLORES NOTARY PVNK-¢ALI/ORNIA 10S aria Court MAY 20 CERTIFICATION Notary Public,California amm. My u/ila MAT m.19Y STATE OF CALIFORNIA tt COUNTY OF LOS ANGELES f SS 1, the understgned,Assistant Secretary of NATIONAL INDEMNITY INSURANCE COMPANY, a Nebraska Corporation,DO -HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that the By-Laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney, are now in force. Signed and sealed at Pasadena,California Dated the................ 10th........ ..... .. ... . ..day of. .... ...Stember.. ..... .. .. ..... .. . .. ep a , Assistant Secretary 1.ONLY ONE POWER-OF-ATTORNEY MAY BE ATTACHED TO A BOND, 2.POWER-OF-ATTORNEY MUST NOT BE RETURNED TO ATTORNEYAN-FACT,BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS. 3.THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS,OR BONDS FOR CRIMINAL APPEARANCE. 4.THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES OR ANY BONDS. OTHER THAN THOSE ENUMERATED ABOVE, NI I161PIIlae) ., . Bond No. NA 100648 ' Premium $10,816.00 PERFORMANCE BOND (PRIVATE STREET IMPROVEMENTS - PHASE I) KNOW ALL MEN BY THESE PRESENTS: That Marbella Development Company as Principal, hereinafter called CONTRACTOR, and National Indemnity Company as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of Seven Hundred Twenty One Thousand Eleven and No/100ths************** ($721,011.00) ollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated , entered into a (describe agreement): Development Agreement with the City of San Juan Capistrano providing in part that Developer perform certain improvements relating to Tract 12954 as shown above, which contract is by reference made a part hereof; NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. riELEASED BE IT FURTHER RESOLVED, that: DATE INITIALS 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. . . NA � Performance- Page Two 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive -notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this 10th day of September 19 87 at Los Angeles California. PRINCIPAL Marbel eve pment Company B dent, The Fairway Land Company A Gene 1 Partner APPROVED AS TO FORM ( OTA TION AND SEAL) Lot/ � , R. SHAW, CITY ATTORNEY SURETY National Indemnitttyy Company By: cG[� bCTe -- Marar E. O'Brien Attorney in Fact (NOTARIZATION AND SEAL c/o James Econn & Co. 3055 Wilshire Boulevard Los Angeles, California 90010 STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th day of September in the year 1987 before me, Alice M. Stump , a Notary Public, State of California, duly commissioned and sworn, personally appeared Jon T. Brown personally known to me (or proved to me on the basis of satisfactory evidence) to be the President of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Jon T. Brown, President, The Fairway Land Company - A General Partner IN WITNESS WHEREOF, I have hereunto set my hand and affiiced my official seal in the Orange County of California on the date set forth above in this certificate. Notary Public, State of GO li ornia OFFICIAL SEAL ` My commission expires May 17, 1991. ALICE M.STUMI Ntlary PoElic CNibrnia ORANGE CUUNiY My Commission Exp.5!17/!1 * ACKIWLEDGMENT OF ANNEXED INSTRLI& STATE OF CALIFORNIA l COUNTY OF Los Angeles )1 OS 10th September 1987 On this day of in the year before me, Lisa L. Thornton a Notary Public, State of California, duly comm s oned and sworn, personally appeared Margaret E. O'Brien personally known to me (or proved to me on the basis of satisfactory evidence) to be the Attorney in Fact of the corporation that executed the within instrument, and also known to me to be the person who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me.lhal such corporation executed the same. National Indemnity Company IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal in the Los Angeles County of California on the dale set forth above in this certificate. N ary Public. State of California /� OFFICIAL SEAL My commission expires May 24, 1989 9 �• � LISA L. THORNTON 2 y� , � Notary PublicCalirornia P Rincipel ONice In Los Angeles County jy3i `��;.»' MY Comm. Fzp. May 24, 1989 Ya.-Y hMO..H..9.H..1fM.�...h♦ a . POWERtF-ATTORNEY i •� , ` FOR SUBDIVISION BONDS NATIONAL INDEMNITY COMPANY NGP N4 202537 3024 HARNEY STREET OMAHA,NEBRASKA 68131 KNOW ALL MEIN! BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which it C authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN, rrJ} THE AUTHORITY OF THE ATTORNEY-IN-FACT and THE LIABILITY OF THE COMPANY p SHALL NOT EXCEED ............TWO Million.Dollars., ($2,000,000;00).,,,,.ON,ANYONE,pONDQNANyONgporp....... ....... USE OF MORE THAN ONE POWER VOIDS THE BOND f NATIONAL INDEMNITY COMPANY, a Nebraska Corporation, having its principal office in the City of Omaha, state of IF Nebraska, does hereby make, constitute and appoint James W. EConn, Donald Killian III, Margaret E. O'Brien, Linda 0 Sciaini, and Barry M. Sullock in the City of LOS ANGELES,County of LOS ANGELES,State of CALIFORNIA,its true and lawful attorney-in-fact,at LOS ANGELES,in the State of CALIFORNIA to make,execute,seal and deliver for and on its behalf, m and as its act and deed,only the following classes of Subdivision Bonds:Subdivision Improvement including Performance and Labor s and Materials; Subdivision Inspection; Subdivision Survey or Monument; Subdivision Tax; Subdivision Warranty; Completion C Common Facilities;Maintenance Assessment;Release of Mechanic's Lien;Release of Stop Notice;License or Permit Bonds required x in connection with the subdivision (or subdivision related); Bonds required by F.H.A. or other similargovernment agencies; 3 Conversion tax or fee;Advance Payments required by Federal,State,County,Municipal Authority,or other obligees,provided that ar the liability of the company es surety on any such bond executed under this authority shall not in any event exceed the sum shown J above. i3 THIS POWER VOID IF ALTERED OR ERASED This power Is not valid unless used before December 31, 1988 The acknowledgement and execution of any such document by said Attorney-in-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. Q, This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of NATIONAL INDEMNITY COMPANY at a meeting duly called and held on the 3rd day of January,1986: RESOLVED,that the President,or any Vice President,or Assistant Vice President,of the Company,be,and that each of any of them hereby is,authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute p in behalf of NATIONAL INDEMNITY COMPANY,bonds,undertakings and all contracts of suretyship;and that any Secretary or any Assistant Secretary be,and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures 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 t}re Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof NATIONAL INDEMNITY COMPANY has caused its official seal to be hereunder affixed,and these presents to be signed by its Assistant Vice President and attested by its Assistant Secretary this 6th day of January,1986. ATTEST NATIONAL INDEMNITY COMPANY Z a 41, Assistant Secretary BY v Asnstant Vice President STATE OF CALIFORNIA ll COUNTY OF LOS ANGELES I SS On this 6th I of Ianuary,1986,before me,a Notary Public personally appeared Thomas A.Bolt,who being by me duly sworn, acknowledged that a signed the above Power of Attorney as Assistant Vice President of said NATIONAL INDEMNITY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. My Commission expires May 20,1988 IQOFFICIAL SEAL NANCY M FLORES ',/,�✓ � uNm NOTAW PUBLIC-CALIFORNIA 188 ANGELES cour T CERTIFICATION Notary Public,California Ly wmm, MAY M 1988 SPATE OF CALIFORNIA COUNTY OF LOS ANGELES J SS I, the undersigned, Assistant Secretary of NATIONAL INDEMNITY INSURANCE COMPANY,a Nebraska Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that the By-Laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney, are now in force. Signed and sealed at Pasadena,California Dated the...... .. ... ... 10th _ . .day of.. .... September. . .. 19.. ...87.. UX Aaslstant Secretary 1.ONLY ONE POWER-OF-ATTORNEY MAY BE ATTACHED TO A BOND. 2.POWER-OF-ATTORNEY MUST NOT BE RETURNED TO ATTORNEY-IN-FACT,BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS. 3.THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS,OR BONDS FOR CRIMINAL APPEARANCE. 4.THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES OR ANY BONDS. OTHER THAN THOSE ENUMERATED ABOVE. NI II81P 11186) r /� NA O AL I DEM I COMPANY N N N LLTI California Division www P.O. BOX 7008 • PASADENA, CALIFORNIA 91109 • (213) 682-3401 SURETY BIDER/ / jTo be attached to and form a part of Bond No. NA 100648 _qle� A"111 7 Executed by Marbella Development Company y �AI PRINCIPAL and by NATIONAL INDEMNITY C014PANY r and effective as of September 3, 1991 In consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing the bond penalty From: $45,000.00 .;J ( To: $10,000.00 Nothing herein contained shall vary , alter or extend any provision of condition of this bond except as herein expressly stated . This rider is effective on the third day of September 19 91 i Marbella Uevelopment Company, a California i General Partnership P�no al B Title NATIONAL I11DEIINITY COMPANY Surety Accepted,: . _ �� CITY OF SAN JUAN CAPISTRANO By! Bradley K. Kinstler, Assistant Vice Pres. i Obligee Attested By : Mark UVHillard, Assistant Secreta I ! By 0,, e4 c/o James Eeonn & Co. Title 3055 Wilshire Boulevard Los Angeles , California 90010 NAfIONAL INDEMNITY COMPANY California Division (• P.O. BOX 7008 • PASADENA, CALIFORNIA 91109 • (213) 682-3401 SURETY RIDER To be attached to and form a part of Bond No. NA 100648 Executed by Marbella Development Company PRINCIPAL and by NATIONAL INDEMNITY COMPANY and effective as of September 3, 1991 In consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing the bond penalty From: $45,000.00 ( To: $10,000.00 Nothing herein contained shall vary , alter or extend any provision of condition nP this bond except as herein expressly stated. GENERAL ACKNOWLEDGMENT ^ ^ NO an State of e 4 L 1 X012 N I fi On this the 3 day of ! E 10 T6 M 8,11�R _19 l/ , before me, LoeLE•S Ari }SS' %VIJp I S 4e TT County of )) — the undersigned Notary Public,personally appeared B,CxID -&IA)STLE,e AND /hgf2K b . M!LL9,2t) OiTICIillik �' -% personally known to me �L � ❑ proved to me on the basis of satisfactory evidence 1N to be the person(s)whose name(s) subscribed to the within instrument, and acknowledged that _executed it. WITNESS my hand and official seal. G6 C Notary's SignatatLQ ATTENTION NOTARY:Although the information requested below is OPTIONAL,it could prevent fraudulent attachment of tis certificate to another document. S THIS CERTIFICATE Title or Type of Document O)V E T y R I D I_K 9ON t, A10, tip 1,004y? MUST BE ATTACHED Number of Pages Date of Document 91413�9/ it TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s)Other Than Named Above_ Al 6 A)E ]120019 NATIONAL NOTARY ASSOCIATION 8236 Remmat Ave.•PO,Box 1189-Canoga PorkCA 913347184 6. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920. 20) The Report dated February 4 , 1992, from the Director of Community Services, regarding actions taken at the meeting of January 20, 1992, was ordered received and filed. 7 . REPORT OF PLANNING COMMISSION ACTIONS (440.40) The Report dated February 4, 1992, from the Director of Planning Services, regarding actions taken at the meeting of January 28, 1992, was ordered received and filed. 8. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS (590.20) The Report dated February 4, 1992, from the Director of Engineering and Building, regarding actions taken at the meetings of December 18, 1991, and January 8, 1992, was ordered received and filed. �9. RELEASE OF PRIVATE STREET IMPROVEMENT SURETY BOND, TRACT 12954 . MARBELLA GOLF AND COUNTRY CLUB (MARBELLA DEVELOPMENT/FAIRWAY LAND COMPANY) (60/A'0. 30) As set forth in the Report dated Febrtrary 4, 1992 , from the Director of Engineering and Building, the release of the remaining $10, 000 of the original $721, 011 Faithful Performance Bond No. 100648 for private street improvements for Tract 12954, Marbella Golf and Country Club, was authorized. PUBLIC HEARINGS 1. JOINT PUBLIC HEARING WITH THE COMMUNITY REDEVELOPMENT AGENCY - CONSIDERATION OF PROPOSED LEASE AGREEMENT - VAQUERO WEST MERCANTILE (SAN JUAN SALOON) (CONTINUED FROM JANUARY 21. 19921 (400.20) Proposal: Hearing conducted jointly with the Community Redevelopment Agency to consider a proposed lease agreement with Vaquero West Mercantile for the San Juan Saloon property. The hearing was continued from the meeting of January 21 to allow additional time for Mr. Holsten to review the final proposed terms of the lease. Written Communication: Report dated February 4, 1992, from the Community Development Manager, recommending that the public hearing be continued to the meeting of February 18, 1992 . -4- 2/4/92 IONSENT CALENDAR AGENDA ITEM February 4, 1992 TO: Stephen B. Julian, City Manager FROM: William M. Huber, Director of Engineering & Building SUBJECT: Release of Private Street Improvement Surety Bond, Tract 12954, Marbella Golf and Country Club, Marbella Development/Fairway Land Co. RECOMMENDATION By Motion, authorize release of the remaining $10,000 of the original $721,011 Faithful Performance Bond (No. NA 100648) for private street Improvements for Tract 12954, Marbella Golf and Country Club. SITUATION A. Summary and Recommendation This bond was retained to ensure placement of a street light and a street name sign and replacement of portions of the stamped concrete paving at the main entrance to Marbella. The light and sign have been installed and inspected. The Marbella Property Owners Association has stated in writing that, at their expense, they will replace the stamped concrete as part of an entry improvement project. Therefore, all private street and hiking/equestrian trail improvements required by the Improvement Agreement between the City and Fairway Development have been met. Staff recommends that the remainder of the bond be exonerated. B. Background On September 3, 1991, Council approved Resolution 91-9-3-2, which accepted private street improvements and trail fencing, authorized the filing of a Notice of Completion and release of private street and trail fencing bonds. At that time there remained the minor work items noted in Section A, above. Therefore, to ensure completion of those items, Bond No. NA 100648, which had previously been reduced to $45,000, was again reduced to $10,000. There remains a surety for work on Rancho Viejo Road and emergency access roads within the development. COMMISSION/BOARD REVIEW RECOMMENDATIONS Not applicable. FINANCIAL CONSIDERATIONS There is no cost to the City by this action. FOR CITY COUNCIL AGEND �� AGENDA ITEM • • February 4, 1992 Page 2 NOTIFICATION James Econn & Co. Insurance, 3055 Wilshire Blvd. Suite 800, Los Angeles CA 90U10 Fairway Land Company, Attention Michael Knapp, 27462 Calle Arroyo, Suite A, San Juan Capistrano. Marbella Property Owners Association, Attention Marilyn Walczak, 23726 Birtcher Drive, EI Toro, CA 92630 ALTERNATE ACTIONS 1. Authorize release of $10,000 private street surety bond. 2. Do not authorize release of $10,000 private street surety bond. 3. Request additional information from Staff. RECOMMENDATION By Motion, authorize release of remaining $10,000 of the original $721,011 Faithful Performance Bond (No. NA 100648) for private street improvements for Tract 12954, Marbella Golf and Country Club. Respectfully submitted, /y 4,47 William M. Huber, P.E. WMH/RAF: cl Attachments: Location Map ��y-terms � � 19 L—1 wo- r ?55 "+e Ai 21 2 �A , C MEMBERS OF THE CITY COUNCIL LAWRENCE F RUCHHEIM KENNETH E FRIESS DRUG UlF inlenoum GARY L HAUSDORFER If uinuum 1961 GIL JONES 1776 JEFF VASQUEZ • CITY MANAGER STEPHEN B JULIAN October 3, 1991 National Indemnity Company California Division P.O. Box 7008 Pasadena, CA 91109 Re: Surety Bond No. NA100660, Fairway Land Company, Marbella, Tract 12954 This letter is to authorize the release of Surety Bond No. NA 100660 posted for the benefit of Fairway Land Company for improvements within Marbella in the City of San Juan Capistrano, California. The improvements guaranteed by surety including grading, drainage, and on-site improvements have been completed to the satisfaction of the City of San Juan Capistrano with the exception of a solution to access Lot 104. A new bond in the amount of $50,000 will be substituted to ensure a satisfactory resolution to this remaining condition. Attached is a copy of the original bond for your reference. If you have any questions or need further information, please contact me. Sincerely, Daniel WAc^arlan Building Official DWM/st Attachment cc: George Scarborough Bill Huber Michael Knapp I Q MEMBERS OF THE CITY COUNCIL ■ LAWRENCE F ESS IM - KENNETH E FRI RIESS DRUG USE ^( n[01I011IIB GARY L HAU S DORFER IE 141nunetp 1961 GIL JONES 176 JEFF VASQUEZ G CITY MANAGER STEPHEN B JULIAN September 11, 1991 Mr. Michael Knapp Marbella Development Company 27462 Calle Arroyo, Suite A San Juan Capistrano, California 92675 Re: Acceptance of Equestrian Trail Fencing and Private Street Improvements, Tract 12954 Dear Mr. Knapp: The City Council of the City of San Juan Capistrano at its regular meeting held September 3, 1991, adopted Resolution No. 91-9-3-2, accepting the work completed for the construction of the equestrian trail fencing and private street improvements in Tract 12954. A copy of Resolution No. 91-9-3-2 is enclosed for your information. The Faithful Performance Bonds for the equestrian trail fencing and private street improvements in Phases II, III, and IV will be released upon the expiration of 35 days from recording of the Notice of Completion. The Notice was recorded on September 6, 1991; therefore, the bonds may be released on October 11, 1991. The City Council authorized release of $35,000 of the $45,000 Faithful Performance Bond for private street improvements in Phase I; that Bond will be retained in the amount of $10,000. Thank you for your cooperation. Very truly yours, Cheryl Johnson City Clerk Enclosure cc: James Econn 6r Company Insurance Director of Engineering and Building 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 • . 8 . RESOLUTION. NOTICE: OF/66MPLETION, ACCE xzOF OVEMENTS RELEASE OF BOND AN6 A C PTANCE OF MAIN N CE BY THE CITY - LA NOVIA AVENUE/GLENED SLOPE MAINTENA600. 60 As set forth i/eddeclaring port dated Sep er 3 , 1991, from the Director of Enng and Buildin the following Resolu- tion was adop the rovements for er ion control landsnd irrigatio installation by nFed Development f Novia Aven extension to be lete: RE O O91-9-3-1 COMPLETION OF LIC IMPROV - LA NOVIA AV9NUE EXTENSION LAAD9CAPE IRRIGAtrIbN AND EROSI CONTROL NFED jRsE T CORPORATIO - A RESOLUTION O HE CITY N OF THE CITY F SAN JUAN ISTRANO, I IA, DECLARIN ORK TO BE COMP ED AS TO AND SPECIFIC I NS FOR THE CON RUCTION OF C IMPROVEMEN LA NOVIA AVE E EXTENSION SOAPING, I GA ION, AND ER ION CONTROL NFED DEVELOP ENT CORPORATION) lution acce ted he work as c p ete and directed the erk to fo and Noticeof omp etion to the Co y . Staf was uthorized to r lease the f owing s:sio control mal ance Bond #B 1830501 - $ 20, 000 droseeding construction Bond #B 1830502 - $140, 000 dscape establishment and maintenance Bond #B 1830503 - $100, 000 9. RESOLUTION. NOTICE OF COMPLETION, ACCEPTANCE OF EQUESTRIAN TRAIL AND PRIVATE STREET IMPROVEMENTS AND RELEASE OF EOUES- TRIAN TRAIL AND PRIVATE STREET IMPROVEMENT SURETY BONDS FOR TRACT 12954 (MARBELLA) (600. 30) As set forth in the Report dated September 3 , 1991, from the Director of Engineering and Building, the following Resolu- tion was adopted declaring the equestrian trails and private street improvements to be complete: RESOLUTION NO. 91-9-3-2 . COMPLETION OF PRIVATE IMPROVEMENTS AND RELEASE AND REDUCTION OF SURETIES TRACT 12954 (MARBELLA DEVELOPMENT COMPANY) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF EQUESTRIAN TRAILS AND PRIVATE STREET IMPROVEMENTS - TRACT 12954 (MARBELLA DEVEL- OPMENT COMPANY) -4- 9/3/91 f • . The Resolution accepted the work as complete and directed the City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized to release and reduce the following bonds (35) days after recording the Notice of Completion: Original Reduced Release Bond No. Description Amount Amount Amount NA 100647 Equestrian Fencing $ 95, 000 $ 5, 000 $ 5, 000 NA 100648 Private Street 721, 011 45, 000 35, 000 Improvement (Reduce to a $10, 000 Bond for minor items completed prior to release) NA 100652 Private Street 217, 577 30, 000 30, 000 Improvement NA 100656 Private Street 169,889 25, 000 25, 000 Improvement NA 100659 Private Street 526,523 50, 000 50, 000 Improvement 10. GRANT OF EASEMENT AN F AN COUNTRY CLUB F CC SS TO 0 WA ER AN LOCATED ON HELICOPTER HItL (600. 30 670. 0 i As set fort in Ehe Report da edjmbe3r 3, 199 , from the Assistant it Manager, the Gr sem t /and License nd Agreement e e approved for u exis i water tank on Helico er Hill by Ma b llpm Company a Marbella if and Country C Loss ' City pro ertto use d maintain the er purtenant at rlines. T e Mayor and Cit Clerkt rized toec ethe an and Easement a Licenson behal of he Ci PIIB I 1. 0 FOR ONE Y CA OAD (PUEBLO S P o osa : Co sid tion of equest fora im extensi n sting Te ive Tract 10634, a six-parce subdivisi loca t the southeast corner of Camino Capistrano and Pueblo Serra. -5- 9/3/91 AGENDA ITEM CONSENT CALENDAR September 3, 1991 TO: Stephen B. Julian, City Manager FROM: William M. Huber, Director of Engineering & Building SUBJECT: MARBELLA - TRACT 12954 - Resolution, Acceptance of Equestrian Trail and Private Street Improvements, Notice of Completion, Release and Reduction of the Equestrian Trail and Private Street Improvement Surety Bonds for Tract 12954 (Marbella). SITUATION Developer has requested the release of the subject bonds that were previously reduced by a motion of the City Council on September 5, 1989. Since the required work, on certain improvements, has been completed to the satisfaction of the City Engineer and the Marbella Property Owners Association. Staff recommends that the improvements be accepted as noted in Exhibit "A" below and that a Notice of Completion be filed on the improvements completed. EXHIBIT "A" RELEASE AND REDUCE THE FOLLOWING BONDS BOND # DESCRIPTION ORIG AMT REDUCED AMT RELEASE AMT NA 100647 Equestrian Fencing $95,000.00 $5,000.00 $5,000.00 NA 100648 Private Street $721,011.00 $45,000.00 $35,000.00 Improvement (Reduce to a $10,000 Bond for minor items completion prior to release) NA 100652 Private Street $217,577.00 $30,000.00 $30,000.00 Improvement NA 100656 Private Street $169,889.00 $25,000.00 $25,000.00 Improvement NA 100659 Private Street $526,523.00 $50,000.00 $50,000.00 Improvement NOTIFICATION James Econn & Co. Insurance, 3055 Wilshire Blvd., Ste 800, L.A., CA 90010 Marbella Development Co., Mike Knapp, 27462 Calle Arroyo, Ste A, San Juan Capistrano, CA 92675 Marbella Property Owners Association FOR CITY COUNCIL AGEN "�� AGENDAITEM • . September 3, 1991 Page 2 COMMISSION/BOARD REVIEW, RECOMMENDATIONS None. FINANCIAL CONSIDERATIONS None. ALTERNATE ACTIONS 1. Approve the resolution accepting and authorizing the City Clerk to file the Notice of Completion and release and reduce the bonds listed above. 2. Do not approve the resolution or make the motion. 3. Request additional information from Staff. RECOMMENDATION By Motion, adopt the resolution accepting the improvements, authorizing the release or reduction of the bonds as listed in Exhibit "A" 35 days after recording of the Notice of Completion, authorizing the City Clerk to file the Notice of Completion with the County Recorder. Respectfully submitted, William M. Huber, E. WMH/ROV:ssg Attachments: Resolution Notice of Completion Exhibit "A" t RESOLUTION NO. 91-9-3-2 COMPLETION OF PRIVATE IMPROVEMENTS AND RELEASE AND REDUCTION OF SURETIES TRACT 12954 MARBELLA DEVELOPMENT COMPANY A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF EQUESTRIAN TRAILS AND PRIVATE STREET IMPROVEMENTS - TRACT 12954 (MARBELLA DEVELOPMENT COMPANY) WHEREAS, the City of San Juan Capistrano entered into an Improvement Agreement with Marbella Development Co., 27462 Calle Arroyo, Suite "A", San Juan Capistrano, California 92675, for the construction of equestrian trails and private street improvements in Tract 12954; and, WHEREAS, the Director of Engineering and Building has found the equestrian trails and private street improvements to be in compliance with the plans and specifications of the above tract, and to be in compliance with City specifications and special conditions and therefore recommends exoneration of bonds per Exhibit "A". NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano, does resolve as follows: SECTION 1. That the work required to be performed by said Developer has been completed. SECTION 2. That the work is hereby accepted and approved. SECTION 3. That the sureties, as outlined on Exhibit "A" attached hereto, may be released and reduced 35 days after recordation of Notice of Completion. SECTION 4. The City Clerk is directed to forthwith file a "Notice of Completion" with the County Recorder of the County of Orange. PASSED, APPROVED, AND ADOPTED this 3rd day of September 1991. K NNETH E.�IR11111', MAYOR ATTEST: CITY CLERIV -1- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 91-9-3-2 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 3rd day Of September , 1991, by the following vote: AYES: Councilmen Jones, Hausdorfer, Vasquez and Mayor Friess NOES: None ABSTAIN: None ABSENT: Councilman Buchheim (SEAL) CHERYL JOWNS(;�N, CITY CLERK -2- EXHIBIT "A" RELEASE AND REDUCE THE FOLLOWING BONDS BOND # DESCRIPTION ORIG AMT REDUCED AMT RELEASE AMT NA 100647 Equestrian Fencing $95,000.00 $5,000.00 $5,000.00 NA 100648 Private Street $721,011.00 $45,000.00 $35,000.00 Improvement (Reduce to a $10,000 Bond for minor items completion prior to release) NA 100652 Private Street $217,577.00 $30,000.00 $30,000.00 Improvement NA 100656 Private Street $169,889.00 $25,000.00 $25,000.00 Improvement NA 100659 Private Street $526,523.00 $50,000.00 $50,000.00 Improvement EXHIBIT "A" RELEASE AND REDUCE THE FOLLOWING BONDS BOND # DESCRIPTION ORIG AMT REDUCED AMT RELEASE AMT NA 100647 Equestrian Fencing $95,000.00 $5,000.00 $5,000.00 NA 100648 Private Street $721,011.00 $45,000.00 $35,000.00 Improvement (Reduce to a $10,000 Bond for minor items completion prior to release) NA 100652 Private Street $217,577.00 $30,000.00 $30,000.00 Improvement NA 100656 Private Street $169,889.00 $25,000.00 $25,000.00 Improvement NA 100659 Private Street $526,523.00 $50,000.00 $50,000.00 Improvement • �see • MEMBERS E THE CITY COUNCIL LAWRENCE FRUCHHEIM KENNETH E FRIERS UAUG UfE .!- n14.rp.A1f0 GARY L HAIJSOORFER IE WIIIIneJE JONES eo 1961 1776 EFF VASOUEZ �'� • CITY MANAGER October 11, 1991 STEPHEN R JULIAN Mr. Michael Knapp Marbella Development Company 27462 Calle Arroyo, Suite A San Juan Capistrano, California 92675 Re: Release of Private Street Improvements and Equestrian Fencing Surety Bonds, Tract 12954 Dear Mr. Knapp: Per City Council action of September 3, 1991, the following bonds are hereby released as of today, October 11, 1991: BOND NO. PURPOSE ORIG AMT PRESENT AMT NA 100647 Equestrian Fencing $ 95,000.00 $ 5,000.00 Performance & Labor & 95,000.00 5,000.00 Material NA 100652 Private Street Improvements, 217,577.00 30,000.00 Phase II NA 100656 Private Street Improvements, 169,889.00 25,000.00 Phase III NA 100659 Private Street Improvements, 526,523.00 50,000.00 Phase IV Enclosed are certified copies for your records. If you have any questions, please do not hesitate to call me at (714) 493-1171, extension 243. V/eer,y,truly yours, Dawn M. Schanderl Records Coordinator Enclosure cc: Cheryl Johnson, City Clerk Bill Huber, Director of Engineering and Building Ray Vincenti, Associate Civil Engineer 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-It7t STATE OF CALIFORNIA ) COUNTY OF ORANGE )ss CITY OF SAN JUAN CAPISTRANO ) I, DAWN M. SCHANDERL, Deputy of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the attached is a true and correct copy of the following document: 1. Performance Bond No. NA 100659 dated September 10, 1987, for Private Street Improvements, Phase IV, in the amount of $526,523.00 and reduced on September 5, 1989 by City Council action to $50,000.00 regarding Tract 12954, Marbella Development Company. (SEAL) DAWN DERL, DEPUTY San Juan Capistrano, California DATED: THIS 8TH DAY OF OCTOBER, 1991. Mond No. NA 100659 •-emium $7,898.00 Y ' $50,006.06 PERFORMANCE BOND (PRIVATE STREET IMPROVEMENTS - PHASE IV) ""— KNOW ALL MEN BY THESE PRESENTS: That Marbella Development Company as Principal, hereinafter called CONTRACTOR, and National Indemnity Company , as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of Five Hundred Twenty Six Thousand Five Hundred Twenty Three(and6No/l0(0)Othc Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated . entered into a (describe agreement): ngel npmant Aorppmpnt with the City of San Juan Capistrano provid-ing in part that Devetnper perfarm rorta;n improvements relating to Tract 12954 as shown above. which contract is by reference made a part hereof; NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. RELEASED BE IT FURTHER RESOLVED, that: DATE /D- II-GI INITIALS 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. • Bo(wo. NA 100659 Pe mance - Page Two 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive -notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this 10th day of September 19 87� at Los Angeles , California. PRINCIPAL Marbellp evel pment Company B dent, The Fairway Land Company A Gen al Partner APPROVED AS TO FORM (N TART TION AND SEAL) a 7 R. SHAW, CITY ATTORNEY SURETY National Indemnity Company By: Ldp- L arga t E. O'Brien, Attorney in Fact (NOTARIZATION AND SEAL) c/o James Econn & Co. 3055 Wilshire Boulevard Los Angeles, California 90010 STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th day of September in the year 1987 before me, Alice M. Stump a Notary Public, State of California, duly commissioned and sworn, personally appeared Jon T. Brown personally known to me (or proved to me on the basis of satisfactory evidence) to be the President of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Jon T. Brown, President, The Fairway Land Company - A General Partner IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Orange County of California on the date set forth above in this certificate. Qk&' otary Public, St to of C if rnis RIUMPMy commission expires May 17, 1991 Am] librNDNTYD.5111/91 A(&WLEDGMENT OF ANNEXED INSTRONT STATE OF CALIFORNIA COUNTY OF Los Angeles On this 10th day OI September in the year 1987 before me, Lisa L. Thornton a Notary Public, State of California, duly commisloned and sworn, personally appeared Margaret E. O'Brien personally known to me (or proved to me on the basis of satisfactory evidence) to be the Attorney in Fact of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me.that such corporation executed the same. National Indemnity Company IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Los Angeles County of California on the date set forth above in this certificate. Nota Pu tate of California s'1#e•►e s.e e...-eeeee►ete�.e e.+♦ _ � OFFICIAL SEAL sc ^ \ LISA 1. TF-lOftNTON My commission expires May 24, 1989 i �? '- Notary Public California r ';;\ '� • o Principal Office In Los Angeles County a Y ., „•• My Comm. Exp.May 24, 1989 P • POWER-OF-ATTORNEY FOR SUBDIVISION BONDS NATIONAL INDEMNITY COMPANY NGP N9 202548 3024 HARNEY STREET OMAHA,NEBRASKA 68131 KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which it authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN, THE AUTHORITY OF THE ATTORNEY-IN-FACT and Q THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ............TWO Million Dollars, . 152,000,Q0Q;00).,.,..QN ANY QNE PPND ,,,,,,",,,,,, ,,.. USE OF MORE THAN ONE POWER VOIDS THE BOND Q NATIONAL INDEMNITY COMPANY, a Nebraska corporation, having its principal office in the City of Omaha, state of Nebraska, does hereby make, constitute and appoint James W. Econn, Donald Killian III, Margaret E. O'Brien, Linda Sciaini, and Barry M. Sullock in the City of LOS ANGELES,County of LOS ANGELES,State of CALIFORNIA,its true and 44 lawful attorney-in-fact,at LOS ANGELES,in the State of CALIFORNIA to make,execute,seal and deliver for and on its behalf, 3 m and as its act and deed,only the following classes of Subdivision Bonds:Subdivision Improvement including Performance and Labor s and Materials; Subdivision Inspection; Subdivision Survey or Monument; Subdivision Tax; Subdivision Warranty; Completion C Common Facilities;Maintenance Assessment;Release of Mechanic's Lien;Release of Stop Notice;License or Permit Bonds required in connection with the subdivision (or subdivision related); Bonds required by F.H.A. or other similargovernment agencies; - Conversion tax or fee;Advance Payments required by Federal,State,County,Municipal Authority,or other obliged that ees,provid �r the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sum shown above. THIS POWER VOID IF ALTERED OR ERASED This power is not valid unless used before December 31, 1988 The acknowledgement and execution of any such document by said Attorney-in-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution - adopted by the Board of Directors of NATIONAL INDEMNITY COMPANY at a meeting duly called and held on the 3rd day of January, 1988: RESOLVED,that the President,or any Vice President,or Assistant Vice President,of the Company,be,and that each of any of them hereby is,authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute In behalf of NATIONAL INDEMNITY COMPANY bonds,undertakings and all contracts of suretyship;and that any Secretary or any Assistant Secretary be,and that each or any of tJ em hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures 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 avid in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof NATIONAL INDEMNITY COMPANY has caused its official seal to be hereunder affixed,and these presents to be signed by its Assistant Vice President and attested by Its Assistant Secretary this 6th day of January, 1986. ATTEST NATIONAL INDEMNITY COMPANY _ yAssistant Secretary BY Assistant Vice President STATE OF CALIFORNIA ll COUNTY OF LOS ANGELES I SS On this 6th day of January,1986,before me,a Notary Public personally appeared Thomas A.Bolt,who being by me dolt'sworn, acknowledged that a signed the above Power of Attorney as Assistant Vice President of said NATIO AL INDEMNITY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. My Commission expires May 20,1988 OFFICIAL SEAL NANCY M FLORES NOTMf PIIaLK-CALIFORNIA LDS WE1ES601X" CERTIFICATION Notary Public,California My r m.Wiro MAV m,1911 STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS 1, the undersigned, Assistant Secretary of NATIONAL INDEMNITY INSURANCE COMPANY,a Nebraska Corporation,DO -HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that the By-Laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney, are now in force. Signed and sealed at Pasadena,California Dated the..........10th.............. _ ... .day of.. . .September... 87. " .....�'.,.. .....`'.'L./. .. ..Q.. .. .. .. 119_K.f�CX/1 �.... QAsslstent Secretary 1.ONLY ONE POWER-OF-ATTORNEY MAY BE ATTACHED TO A BOND. E.POWER-OF-ATTORNEY MUST NOT BE RETURNED TO ATTORNEYAN-FACT,BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS. 3.THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS,OR BONDS FOR CRIMINAL APPEARANCE. 4.THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES OR ANY BONDS. OTHER THAN THOSE ENUMERATED ABOVE. NI USIP(1186) Bond No. NA 100659 &emium $7,898.00 PERFORMANCE BOND RELEASED (PRIVATE STREET IMPROVEMENTS - PHASE IV) KNOW ALL MEN BY THESE PRESENTS: DATE INITIALS That Marbella Development Company as Principal, hereinafter called CONTRACTOR, and National Indemnity Company , as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of Five Hundred Twenty ($526,523.00) Six Thousand Five Hundred Twenty Three and No/100ths Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated , entered into a (describe agreement): nevelnpment Agrp Pmant with the City of San Juan Capistrano Providing in part that Developer parfnrm roruin improvements relating to Tract 12954 as shown above. which contract is by reference made a part hereof; NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Bon No. NA 100659 PeWmance - Page Two 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive -notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this 10th day of September 19 87 , at Los Angeles , California. PRINCIPAL Marbella pment Company B . ident, The Fairway Land Company A Gen al Partner APPROVED AS TO FORM ( TION AND SEAL) d atx,,.r , Jog R. SHAW, CITY ATTORNEY SURETY National /Indemnity Company rgare E. 0 Brien, Attorney in Fact (NOTARIZ TION AND SEAL) c/o James Econn & Co. 3055 Wilshire Boulevard Los Angeles, California 90010 STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th day of September in the year 1987 before me, Alice M. Stump a Notary Public, State of California, duly commissioned and sworn, personally appeared Jon T. Brown personally known to me (or proved to me on the basis of satisfactory evidence) to be the President of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Jon T. Brown, President, The Fairway Land Company — A General Partner IN WITNESS WHEREOF, I have hereunto set my hand and affiXid my official seal in the Orange County of California on the date set forth above in this certificate. z &l ), h&Q Notary Public, State of ICalifornia 0" a AL'10U My commission expires May 17, 1991 Netoy W�IIC California OMt4 COUN iy My Commission Exp.5/1797 f ACKOJLEDGMENT OF ANNEXED INSTRUST STATE OF CALIFORNIA 4 ' COUNTY OF Los Angeles On this 10th day of September in the year 1987 before me, Lisa L. Thornton a Notary Public, State of California, duly comm stoned and sworn, personally appeared Margaret E. O'Brien personally known to me (or proved to me on the basis of satisfactory evidence) to be the _ Attorney in Fact of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me.that such corporation executed the same. National Indemnity Company IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my otficial seal in the Los Angeles County Of California on the date set forth above in this cendicate. N tary Publi , State of California oFFICIALSCAr My commission expires May 24, 1989 LISA L. THOP.NTON 8 Notary Public California F Pdnclosi otfics in Loy Anyeiea County `` My Comm.Exp. May 24- 1989 r"R'tD POWER-OF-ATTORNEY . FOR SUBDIVISION BONDS NATIONAL INDEMNITY COMPANY NGP nip 202548 3024 HARNEY STREET OMAHA,NEBRASKA 68131 KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which it y authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN, THEAUTHORITY OF THE ATTORNEY-IN-FACT and THE LIABILITY OF THE COMPANY Q SHALL NOT EXCEED .......... .TWO Million,Dollars_. ($2,OWWQt00),,,...ONANYQNEEIOND,,,,,,,, ,,,,,,,,,, USE OF MORE THAN ONE POWER VOIDS THE BOND NATIONAL INDEMNITY COMPANY, a Nebraska corporation, having its principal office in the City of Omaha, state of Nebraska, does hereby make, constitute and appoint James W. Econn, Donald Killian III, Margaret E. O'Brien, Linda Sciaini, and Barry M. Sullock in the City of LOS ANGELES,County of LOS ANGELES,State of CALIFORNIA,its true and 44 lawful attorney-in-fact,at LOS ANGELES,in the State of CALIFORNIA to make,execute,seal and deliver for end on its behalf, d m and as its act and dmd,only the following classes of Subdivision Bonds:Subdivision Improvement including Performance and Labor s and Materials; Subdivision Inspection; Subdivision Survey or Monument; Subdivision Tax; Subdivision Warranty; Completion C Common Facilities;Maintenance Assessment;Release of Mechanic's Lien;Release of Stop Notice;License or Permit Bonds required in connection with the subdivision (or subdivision related); Bonds required by F.H.A. or other similar government agencies; Conversion tax or fee;Advance Payments required by Federal,State,County,Municipal Authority,or other obligees,provided that the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sum shown J above. i3 THIS POWER VOID IF ALTERED OR ERASED This power is not valid unless used before December 31, 1988 The acknowledgement and execution of any such document by said Attorney-in-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. This Power of Attorneyis granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board ofDirectorsof NATIONAL INDEMNITY COMPANY at a meeting duly called and held on the 3rd day of January,1986: RESOLVED,that the President,or any Vice President,or Assistant Vice President,of the Company,be,and that each of any of them hereb is,authorized to execute Powers of Attorney qualif 'ng the attorney named in the given Power of Attorney to execute in behalf ) NATIONAL INDEMNITY COMPANY,bonds,undertakings and all contracts of suretyship;and that any Secretary or any Assistant Secretary be,and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures of such officers and the seal of the Company maybe affixed to any such Power of Attorney or to any certificate relating thereto b,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 and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof NATIONAL INDEMNITY COMPANY has caused its official seal to be hereunder affixed,and these presents to be signed by its Assistant Vim President and attested by its Assistant Secretary this 6th day of January,1986. ATTEST NATIONAL INDEMNITY COMPANY �- Assistant Secretary BY v Assistant Vice President STATE OF CALIFORNIA ll COUNTY OF LOS ANGELES) SS On this 6th day of Tannery,1986,before me,a Notary Public personally appeared Thomas A.Bolt,who being by me duly sworn, acknowledged that a signed the above Power of Attorney as Assistant Vice President of said NATIO AL INDEMNITY COMPAN]'and acknowledged said instrument to be the voluntary act and deed of said corporation. My Commission expires May 20,1988 OFFICIAL SEAL NANCY M FLORFS m. NOTWf VV9Lte-CAuroaNIa WS MULES ea""" CERTIFICATION Notary Public,California Mr amN.MAY 20.1988 STATE OF CALIFORNIA COUNTY OF LOS ANGELES J SS I,the undersigned,Assistant Secretary of NATIONAL INDEMNITY INSURANCE COMPANY,a Nebraska Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that the By-Laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney, are now in force. Signed and sealed at Pasadena,California 10th.. ..... ..... .. .. .. .. ... .dayof.. ..September.. ... .. . .. ..,19.87...... Dated the. ..... ..... ... .. ........ ... . Assistant Secretary 1.ONLY ONE POWER-OF-ATTORNEY MAY BE ATTACHED TO A BOND. 2.POWER-OF-ATTORNEY MUST NOT BE RETURNED TO ATTORNEY-IN-FACT,BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS. 3.THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS,OR BONDS FOR CRIMINAL APPEARANCE. 4.THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES OR ANY BONDS. OTHER THAN THOSE ENUMERATED ABOVE. NI I181P 111861 STSQF CALIFORNIA ) COUNTY OF ORANGE )ss CITY OF SAN JUAN CAPISTRANO ) 1, DAWN M. SCHANDERL, Deputy of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the attached is a true and correct copy of the following document: 1. Subdivision Faithful Performance Bond No. NA 100647 dated September 10, 1987, for Equestrian Fencing in the amount of $95,000.00 and reduced on September 5, 1989 by City Council action to $5,000.00 regarding Tract 12954, Marbella Development Company. 2. Labor and Material Bond No. NA 100647 dated September 10, 1987, for Equestrian Fencing in the amount of $95,000.00 and reduced on September 5, 1989 by City Council action to $5,000.00 regarding Tract 12954, Marbella Development Company. (SEAL) DAWN M. SCHANDERL, DEPUTY San Juan Capistrano, California DATED: THIS 8TH DAY OF OCTOBER, 1991. il; LEASEDBond No. NA 100647 .� Premium $1,425.00 DATE-!O- 1 I -q.� DIVISION FAITHFUL PERFORMANCE BOND /VdU&dtD INITIALS 4 - (GOVERNMENT CODE S 66499 .1) e,5000. 00 e nm� (EQUESTRIAN FENCING) C�7n 9�s�89 WHEREAS, the City Council of the City of San Juan Capistrano , State of California, and Marbella Development Company (hereafter designated as "Principal") , have entered into a Sub- division Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated 19 , and identified as Project Tract 12954 is hereby referred to and made a part hereof; and WHEREAS, said Principal is required, under the terms of the said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, w#A, the Principal and National Indemnity Company :', as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee") , ($95,000.00) in the sum Of Ninety Five Thousand emd 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 affect. 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 Bond No. NA 100647 Performance-Page Two addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees , incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modifi- cation of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. 87 Executed this 10th day of September , 19W at Los Angeles , California. PRINCI :.Mar�be; De a ment Company Te nt,ehe Fairway Land Company A Gene Partner ( 0 ATION AND SEAL) SURETY APPROVED AS TO FORK. National Indemnity Com any By:0­0 cl ^ C ftitfr u� - Margar E. O'Brien, Attorney in Fact J R. Shaw (NOTA ZATION AND SEAL) it Attorney c/o James Econn 6 Co. 3055 Wilshire Boulevard Los Angeles, California 90010 Paae 2 — SUBDIVISION FAITHFUL PERFORMANCE BOND STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th day of September in the year 1987 before me, Alice M. Stump a Notary Public, State of California, duly commissioned and sworn, personally appeared Jon T. Brown personally known to me (or proved to me on the basis of satisfactory evidence) to be the President of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Jon T. Brown, President, The Fairway Land Company - A General Partner IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Orange County of California on the date set forth above in this certificate. A�{( Notary Public, State of California OfpIOIAE EEA1 ALICE M, STUMP My commission expires May 17, 1991 NoUry public Coillornia ORANGE COUNTY Qy Commission Exp.5/17/91 AC&LEDGMENT OF ANNEXED INSTRUOT STATE OF CALIFORNIA COUNTY OF Los Angeles u . On this 10th day of September in the year 1987 before me, Lisa L. Thornton a Notary Public, Stale of California, duly commisloned and sworn, personally appeared Margaret E. O'Brien personally known to me (or proved to me on the basis of satisfactory evidence) to be the _ Attorney in Fact Of the corporation that executed the within instrument, and also known to me to be the porson who executed the within instrument on behalf of the corporation therein named, and acknowledged to me.lhal such corporation executed the same. National Indemnity Company IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Los Angeles County of California on the dale set forth above in this certificate. Notary P lic, late of California �..q YwYc.*YYYt�YwY•Y SYwsw•wYY•Y-Y♦ My commission expires May 24, 1989 OFF CIAL SEAL `♦ i LISAL. THORNTON 44ANotary PuNic California ar Principal Office In Los Angeles County , My Comm. Exp. May 24, 1989 A.-�O J4'�HYM HAY Y�MNwwYw Y Y b i w I4�M • POWER-OF-ATTORNEY FOR SUBDIVISION BONDS NATIONAL INDEMNITY COMPANY NGP N° 202536 3024 HARNEY STREET OMAHA,NEBRASKA 68131 KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which it 99 C authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN, 1 IrJ� THE AUTHORITY OF THE ATTORNEY-IN-FACT and THE LIABILITY OF THE COMPANY R @ SHALL NOT EXCEED ............TWO MiIIjO......... ($2,000,000.00 ...,,,ON,ANY.QNE,BON................... s USE OF MORE THAN ONE POWER VOIDS THE BOND g NATIONAL INDEMNITY COMPANY, a Nebraska corporation, having its principal office in the City of Omaha, state of L Nebraska, does hereby make, constitute and appoint James W. Econn, Donald Killian III, Margaret E. O'Brien, Linda 0 Sciaini, and Barry M. SUllock in the City of LOS ANGELES,County of LOS ANGELES,State of CALIFORNIA,its true and lawful attorney-in-fact,at LOS ANGELES,in the State of CALIFORNIA to make,execute,seal and deliver for and on its behalf, m and as its act and deed,only the following classes of Subdivision Bonds:Subdivision Improvement including Performance and Labor O and Materials; Subdivision Inspection; Subdivision Survey or Monument; Subdivision Tax; Subdivision Warranty; Completion C Common Facilities;Maintenance Assessment;Release of Mechanic's Lien;Release of Stop Notice;License or Permit Bonds required is connection with the subdivision (or subdivision related); Bonds required by F.H.A. or other similar government agencies; Conversion tax or fee;Advance Payments required by Federal,State,County,Municipal Authority,or other obligees,provided that the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sum shown above. THIS POWER VOID IF ALTERED OR ERASED This power Is not valid unless used before December 31, 1988 The acknowledgement and execution of any such document by said Attorney-in-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. s This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of NATIONAL INDEMNITY COMPANY at a meeting duly Called and held on the 3rd day of January,1986: "RESOLVED,that the President,or any Vice President,or Assistant Vice President,of the Company,be,and that each of any of them hereby is,authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute (� in behalf of NATIONAL INDEMNITY COMPANY,bonds,undertakings and all contracts of suretyship;and that any Secretary or i! any Assistant Secretary be,and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, And to attach thereto the seal of the Company, FURTHER RESOLVED,that the signatures 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 and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof NATIONAL INDEMNITY COMPANY has caused its official seal to be hereunder affixed,and these presents to be signed by its Assistant Vim President and attested by its Assistant Secretary this 6th day of January,1986. ATTEST NATIONAL INDEMNITY COMPANY a / Assistant Secretary BY v e 0 Assistant Vice President STATE OF CALIFORNIA 1 COUNTY OF LOS ANGELES J SS On this 6th day of January,1986,before me,a Notary Public personally appeared Thomas A.Bolt,who being by me duly mom, acknowledged that he signed the above Power of Attorney as Assistant Vice President of said NATIONAL INDEMNITY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. My Commission expires May 20,1988 OFFICIAL SEAL NANCY M FLORES • NO130f PUBLIC•CALIFORNIA NMOM` YNTY 0 CERTIFICATION Notary Public,California Y) LOS R GEES OU a1,1988 STATE 'CALIFORNIA COUNTY OF LOS ANGELES I SS I, the undersigned,Assistant Secretary of NATIONAL INDEMNITY INSURANCE COMPANY,a Nebraska Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that the ByLaws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney, are now in force. Signed and sealed at Pasadena,California 10th September Dated the........ ... .............. ..... .. . .. . .. .. ..day of. .. ... .. ..... ... . .. .. . .. .......���.]]``.... ..JL�,-'�1t9Wn(.87 JnC....... gAA Assistant Secretary 1.ONLY ONE POWER-OF-ATTORNEY MAY BE ATTACHED TO A BOND. V 2.POWER-OF-ATTORNEY MUST NOT BE RETURNED TO ATTORNEY-IN-FACT,BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS. 3.THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS,OR BONDS FOR CRIMINAL APPEARANCE. 4.THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES OR ANY BONDS. OTHER THAN THOSE ENUMERATED ABOVE. N11191P 0I861 • �ond No. NA 100647 RELEASED DATE Premium Included INITIALS CIM'14 — LABOR AND MATERIAL BOND (EQUESTRIAN FENCING) KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to Marbella Development Company , License No. , hereinafter designated as "Principal", a contract for Tract 12954 ; and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we Marbella Development Company Principal, and I National Indemnity company , as surety, are held firmly bound unto.the City of San Juan Capistrano a municipal corporation, in the penal sum of Ninety Five Thousand and No/100ths***********************'bOLLARS ($95,000.00), lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub-contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division S, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the 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 obligation on 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. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Bond No. NA 100647 • . Labor & Material - Page Two 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 10th day of September 19 87 . 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. Marbella Development Company P jiPd P L dent, The Fairway and Company A Gen al Partner I e nit Com an SURETY By / tom Margaret' E. O'Brien, Attorney in Fact APPROVED AS TO FORM c/o James Econn & Co. 3055 Wilshire Boulevard Los Angeles, California 90010 /L R. SHAW, CITY ATTORNEY STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th day of September in the year 1987 before me, Alice M. Stump a Notary Public, State of California, duly commissioned and sworn, personally appeared Jon T. Brown personally known to me (or proved to me on the basis of satisfactory evidence) to be the President of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Jon T. Brown, President, The Fairway Land Company - A General Partner IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Orange County of California on the date set forth above in this certificate. �)) , '�ltz� Notary Public, State f California OFFICIAL SEAL My commission expires May 17, 1991 ALICE M.STUMP Notary Popllo C611lorMa 011ANC.E COUNTY My COmmiSSlOn Ezp.5!17191 ACIOWLEDGMENT OF ANNEXED fNSTRAT STATE OF CALIFORNIA COUNTY OF Los Angeles a.. On this 10th day of September In the year 1987 before me, Lisa L. Thornton a Notary Public. State of California, duly comm s oned and sworn, personalty appeared Margaret E. O'Brien personally known to me (or proved to me on the basis of satisfactory evidence) to be the _ Attorney in Fact Of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to methal such corporation executed the same. National Indemnity Company IN WITNESS WHEREOF, I have hereunto sol my hand and affixed my official seal in the Los Angeles County of California on the date set forth above in this certificate. Notary Pu ic, State of California ♦H44�-w60�Y 1�HH���������f��N OFFICIAL SEAL LISA L. THORNTON May 24, 1989 y =, Notary PublicCalifornla My commission expires •P Principal Office In Los Angeles County My Comm. Exp. May 24, 1989 MHNN M�•�1�0♦ I�7O POWER-OF-ATTORNEY • FOR SUBDIVISION BONDS NATIONAL INDEMNITY COMPANY NGP N4 202536 3024 HARNEY STREET OMAHA,NEBRASKA 68131 KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which it authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN, THE AUTHORITY OF THE ATTORNEYAN-FACT and THE LIABILITY OF THE COMPANY Two Million Dollars ($2,000,000.00 ON ANY NE BON SHALL NOT EXCEED ...................................... ... .......I..............Q ......P........ ..... ..... USE OF MORE THAN ONE POWER VOIDS THE BOND Q NATIONAL INDEMNITY COMPANY, a Nebraska corporation, having its principal office in the City of Omaha, state of Nebraska, does hereby make, constitute and appoint James W. Econn, Donald Killian Ili, Margaret E. O'Brien, Linda G Sciiini, and Barry M. Sullock in the City of LOS ANGELES,County of LOS ANGELES,State of CALIFORNIA,its true and lawful attorney-fn-fact,at LOS ANGELES,in the State of CALIFORNIA to make,execute,seal and deliver for and on its behalf, m and as its act and deed,only the following classes of Subdivision Bonds:Subdivision Improvement including Performance and Labor i and Materials; Subdivision Inspection; Subdivision Survey or Monument; Subdivision Tax; Subdivision Warranty; Completion C Common Facilities;Maintenance Assessment;Release of Mechanic's Lien;Release of Stop Notice;License or Permit Bonds required In connection with the subdivision (or subdivision related); Bonds required by F.H.A. or other similar government agencies; Conversion tax or fee;Advance Payments required by Federal,State,County,Municipal Authority,or other obligees,provided that the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sum shown above. THIS POWER VOID IF ALTERED OR ERASED This power is not valid unless used before December 31, 1988 The acknowledgement and execution of any such document by said Attorney-in-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. Q This Power of Attorney is granted and is signed and sealed b facsimile under and by the authority of the following Resolution adopted by the Board of Directors of NATIONAL INDEMNITY COMPANY at a meeting duly called and held on the 3rd day of January,1986: "RESOLVED,that the President,or any Vice President,or Assistant Vice President,of the Company,be,and that each of any of them hereby is,authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute p in behalf of NATIONAL INDEMNITY COMPANY bonds,undertakings and all contracts of suretyship;and that any Secretary or any Assistant Secretary be,and that each or any of t�em hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures 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&e Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof NATIONAL INDEMNITY COMPANY has caused its official seal to be hereunder affixed,and these presents to be signed by its Assistant Vice President and attested by its Assistant Secretary this 6th day of January, 1986. ATTEST NATIONAL INDEMNITY COMPANY /I Assistant Secretary BY O v �As>istan[Vice President STATE OF CALIFORNIA ll COUNTY OF LOS ANGELES) SS On this 0th day of January, 1986,before me,a Notary Public personally appeared Thomas A.Bolt,who being by me duly sworn, - acknowledged that he signed the above Power of Attorney as Assistant Vice President of said NATIONAL. INDEMNITY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. - My Commission expires May 20,1988 OFFICIAL SEAL NANCY M FLORES NOTARY WALK-CAUFORNIA LOS ANGELES COaaTY CERTIFICATION Notary Public,California va comm.Was NAM ta.m STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS 1, the undersigned, Assistant Secretary of NATIONAL INDEMNITY INSURANCE COMPANY,a Nebraska Corporation,DO -HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that the By-Laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney, are now in force. Signed and sealed at Pasadena,California .. , da of. b Dated the.............10th........... ..... .... . . y ... .Se. . .p..tem.. er. . , .. .. . .. ....... . . , .. . ., 19. ..87....... a 4 , Assistant Secretary I.ONLY ONE POWER-OF-ATTORNEY MAY BE ATTACHED TO A BOND. 2.POWER-OF-ATTORNEY MUST NOT BE RETURNED TO ATTORNEY-IN-FACT,BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS. 3.THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS,OR BONDS FOR CRIMINAL APPEARANCE. 4.THISPOWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES OR ANY BONDS. OTHER THAN THOSE ENUMERATED ABOVE. NI I I81P OIN) �� ^� Bond No. NA 100647 S E D 0 Premium $1,425.00 DATE SUBDIVISION FAITHFUL PERFORMANCE BOND -, (GOVERNMENT CODE S 66493 .1) INITIALS (EQUESTRIAN FENCING) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Marbella Development Company (hereafter designated as "Principal") , have entered into a Sub- division Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated 19 , and identified as Project Tract 12954 is hereby referred to and made a part hereof; and WHEREAS , said Principal is required, under the terms of the said Agreement, to furnish a bond for the faithful performance of said Agreement, NOW, .TBZREFORE, we, the Principal and National Indemnity Company :', as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee") , ($95,000.00) in the SUM Of Ninety Five Thousand 'and Dollars, lawful money of the Unsted States, for the payment of. which sum well and truly to be made, we bind ourselves, our heirs , successors, executors and administrators, jointly and severally, firmly by these presents . NOW, THEREFORE, the -condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and affect. Surety waives any rights , if there by any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in jD Bond No. NA 100647 Performance-Page Two additioh to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modifi- cation of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder . 87 Executed this 10th day of September 19*$, at Los Angeles , California. PRIIQC Marbe a D e opment Company idenThe Fairway Land Company A Gene t 1 Partner (NOT ATION AND SEAL) SURETY APPROVED AS TO FORM. National Indemnity Company Margafqt E. O'Brien, Attorney in Fact J R. Siaw (NOTARIZATION AND SEAL) it Attorney c/o lames Econn & Co. 3055 Wilshire Boulevard Los Angeles, California 90010 Paae 2 - SUBDIVISION FAITHFUL PERFORMANCE BOND STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th day of September in the year 1987 before me, Alice M. Stump a Notary Public, State of California, duly commissioned and sworn, personally appeared Jon T. Brown personally known to me (or proved to me on the basis of satisfactory evidence) to be the President of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Jon T. Brown, President, The Fairway Land Company — A General Partner IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Orange County of California on the date set forth above in this certificate. Notary Public, State of al fornia OFFICIAL SEAL ALICE M. STUMP My commission expires May 17, 1991 Notary Pubic Catitornia ORANGE COUNTY My Commission Exp.5/17/91 AC&LEDGMENT OF ANNEXED INSTRUST STATE OF CALIFORNIA COUNTY OF Los Angeles )1 u' On this 10th day of September in the year 1987 before me, Lisa L. Thornton a Notary Public, Slate of California, duly commisioned and sworn, personally appeared Margaret E. O'Brien personally known to me (or proved to me on the basis of satisfactory evidence) to be the _ Attorney in Fac[ of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me.that such corporation executed the same. National Indemnity Company IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Los Angeles County of California on the dale set forth above in this certificate. olary Public, Stale of California 4 OFFICIAL SEAL My commission expires May 24, 1989 a LISA L. THORNTON Notary Public California p ,wi 9 o Principal Office In 2 Los Angeles County My Comm. Exp. May 24, 1989 I�7p • POWER-OF-ATTORNEY • FOR SUBDIVISION BONDS NATIONAL INDEMNITY COMPANY NGP N? 202536 3024 HARNEY STREET OMAHA,NEBRASKA 68131 KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which it 9 authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN, 7. THE AUTHORITY OF THE ATTORNEY-IN-FACT and THE LIABILITY OF THE COMPANY p SHALL NOT EXCEED ............TWO MIIhOp_DOIIarS,. ($2,000,000;QQJ,,,, ,.ON,A.N)Y.QNE.@OND,,,,,,,,,,,,,, ,,,, USE OF MORE THAN ONE POWER VOIDS THE BOND Q NATIONAL INDEMNITY COMPANY, a Nebraska corporation, having its principal office in the City of Omaha, state of g Nebraska, does hereby make, constitute and appoint James W. Econn, Donald Killian 11I, Margaret E. O'Brien, Linda 0 SCialnl, and Barry M. Sullock in the City of LOS ANGELES,County of LOS ANGELES,State of CALIFORNIA,its true and 14 lawful attorney-in-fact,at LOS ANGELES,in the State of CALIFORNIA to make,execute,seal and deliver for and on its behalf, m and as its act and deed,only the followingelasses of Subdivision Bonds:Subdivision Improvement including Performance and Labor i and Materials; Subdivision Inspection; Subdivision Survey or Monument; Subdivision Tax; Subdivision Warranty; Completion C Common Facilities;Maintenance Assessment;Release of Mechanic's Lien;Release of Stop Notice;License or Permit Ronds required in connection with the subdivision (or subdivision related); Bonds required by E.H.A. or other similargovernment agencies; Conversion tax or fee;Advance Payments required by Federal,State,County,Municipal Authority,or other obligees,provided that the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sum shown above. THIS POWER VOID IF ALTERED OR ERASED This power Is not valid unless used before December 31, 1988 The acknowledgement and execution of any such document by said Attorney-in-Fact shall he as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. Q This Power of Attorney is granted and Is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of NATIONAL INDEMNITY COMPANY at a meeting duly called and held on the 3rd day of January,1986: RESOLVED,that the President,or any Vice President,or Assistant Vice President,of the Company,be,and that each of any of them hereby is,authorized to execute Powersof Attorney qualifying the attorney named in the given Power of Attorney to execute In behalf of NATIONAL INDEMNITY COMPANY,bonds,undertakings and all contracts of suretyship;and that any Secretary or any Assistant Secretary be,and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures 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 hearing such facsimile signatures or facsimile seal shall be valid end bin mg upon tyle Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. In Witness Whereof NATIONAL INDEMNITY COMPANY has caused its official seal to be hereunder affixed,and these presents to be signed by its Assistant Vice President and attested by its Assistant Secretary this 6th day of January,1986. ATTEST qlAossistant NNATIONAL INDEMNITY COMPANY- n xpd/`AsistantSecretary BYv Vice President C STATE OF CALIFORNIA COUNTY OF LOS ANGELES 3 SS On this 6th day of January, 1986,before me,a Notary Public personally appeared Thomas A.Bolt,who being by me duly sworn, acknowledged that be signed the above Power of Attorney as Assistant Vice President of said NATIONAL INDEMNITY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. - My Commission expires May 20,1988 OFFICIAL SEAL NANCY M FLORES NOTARY PUBLIC-CALIFORNIA LOS .WilB MAY 20 CERTIFICATION Notary Public,California Ile roam.Wien W1r 10.1918 STATE OF CALIFORNIA COUNTY OF LOS ANGELES J SS 1, the undersigned, Assistant Secretary of NATIONAL INDEMNITY INSURANCE COMPANY, a Nebraska Corporation,DO -HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that the By-Laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney, are now in force. Signed and sealed at Pasadena,California t ....... ......... .. . . day of. . .Septta _ _ 19. . Dated the.............10h.... eber.. . ... .. . 870' fL. ..... . Assistant Secretary 1.ONLY ONE POWER-OF-ATTORNEY MAY BE ATTACHED TO A BOND. 2.POWER-OF-ATTORNEY MUST NOT BE RETURNED TO ATTORNEY-IN-FACT,BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS. 3.THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS,OR BONDS FOR CRIMINAL APPEARANCE. 4.THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES OR ANY BONDS. OTHER THAN THOSE ENUMERATED ABOVE. NI 1181P(IIWI • �ond No. NA 100647 LABOR AND MATERIAL BOND DATE (EQUESTRIAN FENCING) KNOW ALL MEN BY THESE PRESENTS: That INITIALS OLqn-Q� WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to Marbella Development Company , License No. , hereinafter designated as "Principal", a contract for Tract 12954 : and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we Marbella Development Company Principal, and National n emn y ompany , as surety, are held firmly bound unto.the City of San Juan Capistrano i *,** *u***i�**1****p***tion, in the penal sum of Ninety Five Thousand and No/100ths 'DOLLARS ($95,000.00), lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub-contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 3, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the 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 obligation on 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. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. • • Bond No. NA 100647 Labor & Material - Page Two 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 10th day of September 19 87 . 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. Marbella Development Company PRI B�� e nt, a Fairwa and Company Gener Partner emnit Com an SURETY By IE",1/�c� Margare E. O'Brien, Attorney in Fact APPROVED AS TO FORM c/o .Tames Econn 6 Co. 3055 Wilshire Boulevard Los Angeles, California 90010 R. SHAW, ATTORNEY STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th day of September in the year 1987 before me, Alice M. Stump a Notary Public, State of California, duly commissioned and sworn, personally appeared Jon T. Brown personally known to me (or proved to me on the basis of satisfactory evidence) to be the President of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Jon T. Brown, President, The Fairway Land Company - A General Partner IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Orange County of California on the date set forth above in this certificate. Notary Public, State f California --------- ------ AL My commission expires May 17, 1991 UMP 92d lilorroaTYQ.5/17/91 ACADWLEDGMENT OF ANNEXED INSTRL&T STATE OF CALIFORNIA COUNTY OF Los Angeles On this 10th day of September in the year 1987 before me, Lisa L. Thornton a Notary Public, State of California, duly comm stoned and sworn, personally appeared Margaret E. O'Brien personally known to me (or proved to me on the basis of satisfactory evidence) to be the _ Attorney in Fact of the corporation that executed the within instrument, and also known to me to be the parson who executed the within instrument on behalf of the corporation therein named, and acknowledged to me.that such corporation executed the same. National Indemnity Company IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Los Angeles County of California on the date set forth above in this certificate. ._ Notary Pub ic,-State—of California OFFICIAL SEAL LISA L. THORNTON May 24. 1989 a :- Notary Public My commission expires �% os A-gal Office In Los E,,ies County it •-;;- ,�:a A49 Comm. Exp. R-0aY 24, 1989 I 4we1.14 ft HN-M 1M�H.HN����♦111 1�'l0 • POWER-OF-ATTORNEY . FOR SUBDIVISION BONDS NATIONAL INDEMNITY COMPANY NGP N4 202536 3029 HARNEY STREET OMAHA,NEBRASKA 68131 KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which It authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN, THE AUTHORITY OF THE ATTORNEY-IN-FACT and THE LIABILITY OF THE COMPANY Q SHALL NOT EXCEED ............TWO Million,Dollars,.1$2,000,0OO,OQ�... ON A,NyONF.BONQ,. USE OF MORE THAN ONE POWER VOIDS THE BOND NATIONAL INDEMNITY COMPANY, a Nebraska corporation, having its principal office in the City of Omaha, state of Nebraska, does hereby make, constitute and appoint James W. Econn, Donald Killian III, Margaret E. O'Brien, Linda 0 Sciaini, and Barry M. Sullock in the City of LOS ANGELES,County of LOS ANGELES,State of CALIFORNIA its true and lawful attorney-in-fact,at LOS ANGELES,in the State of CALIFORNIA to make,execute,seal and deliver for and on its behalf, m and as its act end deed,only the following classes of Subdivision Bunds:Subdivision Improvement including Performance and Labor • and Materials; Subdivision Inspection; Subdivision Survey or Monument; Subdivision Tax; Subdivision Warranty; Completion C Common Facilities;Maintenance Assessment;Release of Mechanic's Lien;Release of Stop Notice;License or Permit Bonds required in connection with the subdivision (or subdivision related); Bonds required by F.H.A. or other similar government agencies; Conversion tax or fee;Advance Payments required by Federal,State,County,Municipal Authority,or other obligees,provided that : S the liability of the Company as surety on any such bond executed under this authority shall not in any event exceed the sum shown above. THIS POWER VOID IF ALTERED OR ERASED This power is not valid unless used before December 31, 1988 The acknowledgement and execution of any such document by said Attorney-in-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of NATIONAL INDEMNITY COMPANY at a meeting duly called and held on the 3rd day of January,1986: RESOLVED,that the President,or any Vice President,or Assistant Vice President,of the Company,be,and that each of any of them hereby is,authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of NATIONAL INDEMNITY COMPANY bonds,undertakings and all Contracts of suretyship;and that any Secretary or any Assistant Secretary be,and that each or any of Mem hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate refatfng(hereto by facsimile, and any such Power of A'turney or certificate hearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof NATIONAL INDEMNITY COMPANY has caused its official seal to be hereunder affixed,and these presents to be signed by its Assistant Vim President and attested by its Assistant Secretary this 6th day of January, 1986. ATTEST n nn /NATIONAL INDEMNITY COMPANY /'� _ /1 Assistant Secretary BY v �Assistanl Vice President � STATE OF CALIFORNIA lI COUNTY OF LOS ANGELES I SS On this 8th day of anuary, 1986,before me,a Notary Public personally appeared Thomas A.Bolt,who being by me dolt'sworn, acknowledged that �e signed the above Power of Attorney as Assistant Vice President of said NATIONAL INDEMNITY COMPANY and acknowledged said instrument to he the voluntary act and deed of said corporation. My Commission expires May 20,1988 - - - - - - - - - - - - OFFICIAL SEAL NANCY M FLORES NOTARY PUBLIC-CAUFOANIA es 'ra°sB.."�o MA'Nr20, 199e CERTIFICATION Notary Public,California STATE OF CALIFORNIA COUNTY OF LOS ANGELES I SS 1,the undersigned, Assistant Secretary of NATIONAL INDEMNITY INSURANCE COMPANY,a Nebraska Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that the By-Laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney, are now in force. Signed and seated at Pasadena,California t .. ..dayof. ..,, pmbr e Dated the. ............10h... . Se .te..... . . . ... .. . .. .. .. , .. . . .. . . ,,'119�. 8.n�.1r�....... Assista t Secretary 1.ONLY ONE POWER-OF-ATTORNEY MAY BE ATTACHED TO A BOND. 2.POWER-OF-ATTORNEY MUST NOT BE RETURNED TO ATTORNEY-IN-FACT,BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS. 3.THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS,OR BONDS FOR CRIMINAL APPEARANCE. 9.THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES OR ANY BONDS. OTHER THAN THOSE ENUMERATED ABOVE. NI I Itl1Y(Iltltl) STATE OF CALIFORNIA ) COUNTY OF ORANGE )ss CITY OF SAN JUAN CAPISTRANO ) I, DAWN M. SCHANDERL, Deputy of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the attached is a true and correct copy of the following document: 1. Performance Bond No. NA 100652 dated September 10, 1987, for Private Street Improvements, Phase III, in the amount of $217,577.00 and reduced on September 5, 1989 by City Council action to $30,000.00 regarding Tract 12954, Marbella Development Company. (SEAL) DAWN M. S HANDERL, DEPUTY San Juan Capistrano, California DATED: THIS 8TH DAY OF OCTOBER, 1991. Bond um $3 100652 � Premium $3,264.00 4 ���.,����p/� ,��3��0,,.,DOa.00 PERFORMANCE BOND ��QC67J � (PRIVATE STREET IMPROVEMENTS - PHA II) 9�5'/l9 ezl� KNOW ALL MEN BY THESE PRESENTS: That Marbella Development Company as Principal, hereinafter called CONTRACTOR, and National Indemnity Company as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of Two Hundred Seventeen Thousand Five Hundred Seventy Seven and !oL2 hs Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated entered into a (describe agreement): Development Agreement with the City of San Juan Capistrano providing in part that Developer perform certain improvements relating to Tract 12954 as shown above, which contract is by reference made a part hereof; . . NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. RELEASED BE IT FURTHER RESOLVED, that: DATE INITIALS dlnt,�L- 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. • • Bond No. NA 100652 ' Performance - Page Two 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive -notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this 10th day of September 19 87 at Los Anycetac , California. PRINCIPAL AM`arrbbella a pment Company dent, e Fairway Land Company A Gener Partner APPROVED AS TO FORM (NO ION AND SEAL) K , JCKR. SHAW, CITY ATTORNEY SURETY National Indemnit,Jy Com/ppa'nyy,/(, By: rgare ' E. 0 Brien, Attorney in Fact (NOTARIZ TION AND SEAL) c/o James Econn & Co. 3055 Wilshire Boulevard Los Angeles, California 90010 STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th day of September in the year 1987 before me, Alice M. Stump _ _ a Notary Public, State of California, duly commissioned and sworn, personally appeared Son T. Brown personally known to me (or proved to me on the basis of satisfactory evidence) to be the President of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Jon T. Brown, President, The Fairway Land Company - A General Partner IN WITNESS WHEREOF, I have hereunto set my hand and affi$6d my official , A seal in the Orange County of California on the date set forth above in this certificate. Notary Public, State of a ifornia OFFICIAL SEAL .� ALICE M. STUMP My commission expires May 17, 1991 Notary Poplic Calilornia OMNGE COUNIY My Commission Exp.S/71/91 ♦ ACQOWLEDGMENT OF ANNEXED INSTANT STATE OF CALIFORNIA U COUNTY OF Los Angeles On this 10th day of September in the year 1987 before me, Lisa L. Thornton a Notary Public, State of California, duly commisioned and sworn, personally appeared _ Margaret E. O'Brien personally known to me (or proved to me on the basis of satisfactory evidence) to be the Attorney in Fact of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me.that such corporation executed the same. - National Indemnity Company IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Los Angeles County of California on the date set forth above in this certificate. olary Publi , State aliifornia ae A orFlc;laL seal May 24, 1989 i QJ�,_r+ \s LISA L. THORNTON My commission expires ��; 7m Notary Public-California ♦ n,i.,, o Principal Office In Od \ ��, Los Angeles County \,,, ,„„ My Comm. Exp. May 24, 1989 I14f{p POWER-OF-ATTORNEY • FOR SUBDIVISION BONDS NATIONAL INDEMNITY COMPANY NGP N9 202541 3024 HARNEY STREET OMAHA,NEBRASKA 68131 KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which It yy authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN, 7. THE AUTHORITY OF THE ATTORNEY-IN-FACT and THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ............TWO Million,Dol,lars.. I52,Q00,000,00�..,,..QN ANY.QNE,BQNQ... . USE OF MORE THAN ONE POWER VOIDS THE BOND f NATIONAL INDEMNITY COMPANY, a Nebraska corporation, having its principal office in the City of Omaha, state of Nebraska, does hereby make, constitute and appoint James W. Econn, Donald Killian iii, Margaret E. O'Brien, Linda 0 Sciaini, and Barry M. Sullock in the City of LOS ANGELES,County of LOS ANGELES,State of CALIFORNIA,its true and lawful attorney-in-fact,at LOS ANGELES,in the State of CALIFORNIA to make,execute,seal and deliver for and on its behalf, m and as Its act and dced,only the following classes of Subdivision Bonds:Subdivision Improvement including Performance and Labor i and Materials; Subdivision Inspection; Subdivision Survey or Monument; Subdivision Tax; Subdivision Warranty; Completion C Common Facilities;Maintenance Assessment;Release of Mechanic's Lien;Release of Stop Notice;License or Permit Bonds required p In Connection with the subdivision (or subdivision related); Bonds required by F.H.A. or other similar government agencies; b. Conversion tax or fee;Advance Payments required by Federal,State,County,Municipal Authority,or other obligees,provided that 7 the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sum shown above. THIS POWER VOID IF ALTERED OR ERASED This power Is not valid unless used before December 31, 1988 The acknowledgement and execution of any such document by said Attorney-in-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. Q This Power of Attorneyis granted and is signed and sealed by facsimile under and by the authority of the following Resolution - adopted by the Board ofDirectorsof NATIONAL INDEMNITY COMPANY at a meeting duly called and held on the 3rd day of January,1986: RESOLVED,that the President,or any Vim President,or Assistant Vim President,of the Company,be,and that each of any of them hereby Is,authorized to execute Powers of Attorney qualifying the attorney named In the given Power of Attorney to execute t� in behalf of NATIONAL INDEMNITY COMPANY bonds,undertakings and all contracts of suretyship;and that any Secretary or Y! any Assistant Secretary be,and that each or any of Mem hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures of such officers and the seal of the Company may he 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 seat shall be valid and binding upon the Company when so affixed and In the fuhue with respect to any bond, Q undertaking or contract of suretyship to which it is attached." In Witness Whereof NATIONAL INDEMNITY COMPANY has caused its official seal to be hereunder affixed,and these presents to be signed by its Assistant Vice President and attested by its Assistant Secretary this 6th day of January, 1986. ATTEST NATIONAL INDEMNITY COMPANY _ a. � As, Secretary BY L vv Assistant Vice President STATE OF CALIFORNIA l COUNTY OF LOS ANGELES J SS On this 6th day of January,1986,before me,a Notary Public personally appeared Thomas A.Bolt,who being by me duty sworn, acknowledged that a signed the above Power of Attorney as Assistant Vice President of said NATIONAL INDEMNITY COMPANY and acknowledged said Instrument to be the voluntary act and deed of said corporation. My Commission expires May 20,1988 OFFICIAL SEAL NANCY M FLORES ' , NOTxW PUBLIC-CALIFORNIA ON Notary Public,California Los ANGELES ta"N" CERTIFICATI ar Comm.Copan Nxr t0,1BBa STATE OF CALIFORNIA COUNTY OF LOS ANGELES J SS I, the undersigned,Assistant Secretary of NATIONAL INDEMNITY INSURANCE COMPANY,a Nebraska Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that the By-Laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney, are now In force. Signed and sealed at Pasadena,California Dated the...... 10th..... .......... .. ... .. . .dayof. . .September 19. .8.7........... . . .. .. .. .. ... .. . .. .. .. .. ..... 6 a . Assistant Secretary 1.ONLY ONE POWER-OF-ATTORNEY MAY BE ATTACHED TO A BOND. 2.POWER-OF-ATTORNEY MUST NOT BE RETURNED TO ATTORNEY-IN-FACT,BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS. 3.THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS,OR BONDS FOR CRIMINAL APPEARANCE. 4.THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES OR ANY BONDS. OTHER THAN THOSE ENUMERATED ABOVE. NI I IBIP I IIBBI Bond No. NA 100652 • Premium $3,264.00 PERFORMANCE BOND HELEASED (PRIVATE STREET IMPROVEMENTS - PHASE II) KNOW ALL MEN BY THESE PRESENTS: DATE INITIALS a/ yk-a� That Marbella Development Company as Principal, hereinafter called CONTRACTOR, and National Indemnity Company , as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of Two Hundred Seventeen Thousand Five Hundred Seventy Seve�46 I Ws Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated entered into a (describe agreement), Development Agreement with the City of San Juan Capistrano providing in part that Developer perform certain improvements relating to Tract 12954 as shown above, which contract is by reference made a part hereof; NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Bond No. NA 100652 Performance - Page Two 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 herebywaive �notice of an such char time,Y change, extension of ti alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this 10th day of September 19 87 at Los A.,eaiem . California. PRINCIPAL Marbella v opment Company i siden The Fairway Land Company A Ge ral Partner APPROVED AS TO FORM (N ATION AND SEAL) a� , J R. SHAW, CITY ATTORNEY SURETY National Indemnity Company By: 46; b cct �7tiu iargare E. O'Brien, Attorney in Fact (NOTARIZATION AND SEAL) c/o James Econn 6 Co. 3055 Wilshire Boulevard Los Angeles, California 90010 STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th day of September in the year 1987 before me, Alice M. Stump a Notary Public, State of California, duly commissioned and sworn, personally appeared Jon T. Brown personally known to me (or proved to me on the basis of satisfactory evidence) to be the President of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Jon T. Brown, President, The Fairway Land Company - A- General Partner IN WITNESS WHEREOF, I have hereunto set my hand and affikei my official seal in the Orange County of California on the date set forth above in this certificate. & 4�Avl� Notary Public, State of al fornia OFFICIAL$EqG My commission expires May 17, 1991 � ALICE M.STUMP NNuy Publk Glilofnia OIIANGE COUNTY My Commission Exp.5/17/97 AC%v WLEDGMENT OF ANNEXED INSTRANT STATE OF CALIFORNIA COUNTY OF Los Angeles On this 10th day of September in the year 1987 before me, Lisa L. Thornton a Notary Public. State of California, duly commisioned and sworn, personally appeared Margaret E. O'Brien personally known to me (or proved to me on the basis of satisfactory evidence) to be the Attorney in Fact of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me.lhat such corporation executed the same. National Indemnity Company IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Los Angeles County of California on the date set forth above in this certificate. Notary P lic, • of California f-�Jb4J6 y J i.JO♦•J J. ............N• OFFICIAL SEAL LISA L. THORNTON My commission expires May 24, 1989 e Notary PublicCalifwnia Principal office In 8los Angeles Cm ^� \,- PAy Comm. Exp. May 24, 1989 a_eJ Jsr♦♦JJ1 Nra JrMNJJJ JJ♦JJ• POWER-OF-ATTORNEY • FOR SUBDIVISION BONDS • NATIONAL INDEMNITY COMPANY NGP N9 202541 • 3024 HARNEY STREET OMAHA,NEBRASKA 68131 KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which it authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN, THE AUTHORITY OF THE ATTORNEY-IN-FACT and THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ...... ......TWO MIIIIOn.Dollars,_ (Q,OD M0,QQ)......ON ANY ONE BONR......... ........ USE OF MORE THAN ONE POWER VOIDS THE BOND p NATIONAL INDEMNITY COMPANY, a Nebraska corporation, having its principal office in the City of Omaha, state of Nebraska, does hereby make, constitute and appoint James W. Econn, Donald Killian III, Margaret E. O'Brien, Linda Sciaini, and Barry M. SulloCk in the City of LOS ANGELES,County of LOS ANGELES,State of CALIFORNIA,its true and lawful attorney-in-fact,at LOS ANGELES,in the State of CALIFORNIA to make,execute,seal and deliver for and on its behalf, and as its act and deed,only the following classes of Subdivision Bonds:Subdivision Improvement including Performance and Labor and Materials; Subdivision Inspection; Subdivision Survey or Monument; Subdivision Tax; Subdivision Warranty; Completion C Common Facilities;Maintenance Assessment;Release of Mechanic's Lien;Release of Stop Notice;License or Permit Bonds required in connection with the subdivision (or subdivision related); Bonds required by F.H.A. or other similar government agencies; Conversion tax or fee;Advance Payments required by Federal,State,County,Municipal Authority,or other obligees,provided that ce the liability of the company as surety on any such bond executed under this authority shall not in any event exed the sum shown above. THIS POWER VOID IF ALTERED OR ERASED This power is not valid unless used before December 31, 1988 The acknowledgement and execution of any such document by said Attorney-in-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of NATIONAL INDEMNITY COMPANY at a meeting duly called and held on the 3rd day of January,1986: RESOLVED,that the President,or any Vice President,or Assistant Vice President,of the Company,be,and that each of any of them hereby is,authorized to execute Powers of Attorney qualif 'ng the attorney named in the given Power of Attorney to execute in behalf of NATIONAL INDEMNITY COMPANY,bonds,undertakings and all contracts of suretyship;and that any Secretary or any Assistant Secretary be,and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures 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 and in the future with respect to any bond, Q undertaking or contract of suretyship to which it is attached." In Witness Whereof NATIONAL INDEMNITY COMPANY has caused its official seal to be hereunder affixed,and these presents to be signed by its Assistant Vim President and attested by its Assistant Secretary this 6th day of January,1986. ATTEST NATIONAL INDEMNITY COMPANY Assistant Secretary BY vv Assistant Vice President � STATE OF CALIFORNIA 11 COUNTY OF LOS ANGELES I SS On this 6th day of January, 1986,before me,a Notary Public personally appeared Thomas A.Bolt,who being by me dolt'sworn, acknowledged that he signed the above Power of Attorney as Assistant Vice President of said NATIONAL INDEMNITY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. My Commission expires May 20,1988 OFFICIAL SEAL NANCY M FLORES NOTAar PUaLN:-CALIFORNIA US ANGELES MUM CERTIFICATION Notary Public,California Mr wm u*u MAY 20.198! STATE OF CALIFORNIA COUNTY OF LOS ANGELES I SS 1, the undersigned,Assistant Secretary of NATIONAL INDEMNITY INSURANCE COMPANY,a Nebraska Corporation,DO -HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that the By-Laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney, are now in force. Signed and sealed at Pasadena,California Dated the. .......... 10th......... ... .. ... .. . .. .. .day of.. ...September.. ..... ..... ...��`.]1t'... ...Jt�'�1t9T.lQ$(X�.�.... Assistant Secretary 1.ONLY ONE POWER-OF-ATTORNEY MAY BE ATTACHED TO A BOND. 2.POWER-OF-ATTORNEY MUST NOT BE RETURNED TO ATTORNEY-IN-FACT,BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS. 3.THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS,OR BONDS FOR CRIMINAL APPEARANCE, 4.THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES OR ANY BONDS. OTHER THAN THOSE ENUMERATED ABOVE. NI 1181P(I)N) STATE OF CALIFORNIP ) e COUNTY OF ORANGE )ss • CITY OF SAN JUAN CAPISTRANO ) I, DAWN M. SCHANDERL, Deputy of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the attached is a true and correct copy of the following document: 1. Performance Bond No. NA 100656 dated September 10, 1987, for Private Street Improvements, Phase III, in the amount of $169,889.00 and reduced on September 5, 1989 by City Council action to $25,000.00 regarding Tract 12954, Marbella Development Company. (SEAL) DAWN M. SCHANDERL, DEPUTY � San Juan Capistrano, California DATED: THIS 8TH DAY OF OCTOBER, 1991. Bond No. NA 100656 Premium $2,549.00 PERFORMANCE BON 45 (PRIVATE STREET IMPROVEMENTS -PHASE III) �SOOD.GY> KNOW ALL MEN BY THESE PRESENTS: That Marbella Development Company as Principal, hereinafter called CONTRACTOR, and National Indemnity Company as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of one Hundred Sixty Nine ($169,889.00) Thousand Eight Hundred Eighty Nine and No/100ths***Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated , entered into a (describe agreement): Development Agreement with the City of San Juan Capistrano provid#ng in part that Developer perform certain improvements relating to Tract 12954 as shown above, which contract is by reference made a part hereof; NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. RELEASED BE IT FURTHER RESOLVED, that: DATE INITIALStQf 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. • Bond No. NA 100656 Performance - Page Two 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive -notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this 10th day of September , 19 87 at Los Angeles , California. PRINCIPAL Marbell eve pment Company ident, The Fairway Land Company A Gene 1 Partner APPROVED AS TO FORM ( TION AND SEAL) d � , R. SHAW, CITY ATTORNEY SURETY National Indemnity Company Bic Marggare E. O'Brien, Attorney in Fact (NOTARIZATION AND SEAL) c/o James Econn & Co. 3055 Wilshire Boulevard Los Angeles, California 90010 STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th day of September in the year 1987 before me, Alice M. Stump , a Notary Public, State of California, duly commissioned and sworn, personally appeared Jon T. Brown personally known to me (or proved to me on the basis of satisfactory evidence) to be the President of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Jon T. Brown, President, The Fairway Land Company - A General Partner IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official A seal in the Orange County of California on the date set forth above in this certificate. Notary Public, State of a ifornia OFFICIAL SEA: T. ALICE M. STUMP yy My commission expires May 17, 1991 Notary PuNitCAbrma Sf ORANGE 0011417 My Commission Exp 5/17191 o. A01OWLEDGMENT OF ANNEXED INSTANT STATE OF CALIFORNIA COUNTY OF Los Angeles On this 10th day of September in the year 1987 before me, Lisa L. Thornton a Notary Public, Stale of California, duly commisloned and sworn, personally appeared Margaret E. O'Brien personally known to me (or proved to me on the basis of satisfactory evidence) to be the Attorney in Fact of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me.that such corporation executed the same. National Indemnity Company IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Los Angeles County of California on the date set forth above in this certificate. \ Notary P blic, State of California ♦1�Y-l4N<wY?YAOMY Y Y Y�Y�♦♦YY Y N♦ \�- S OFFICIAL SEAI LISA L. THORNTON My commission expires May 24, 1989 1 �'y Notary Public California Principal Office In Los Angeles County "' •��.'.= rfy Comm. Exp May 24, 1989 I�M POWER-OF-ATTORNEY . FOR SUBDIVISION BONDS NATIONAL INDEMNITY COMPANY NGP N9 202545 3024 HARNEY STREET OMAHA,NEBRASKA 68131 KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which It authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN, THE AUTHORITY OF THE ATTORNEY-IN-FACT and THE LIABILITY OF THE COMPANY Q SHALL NOT EXCEED ............TWO Mlll1On Dollars, IS2,1100,000;W).,,,,.QN A,NYONE,BD.ON USE OF MORE THAN ONE POWER VOIDS THE BOND Q NATIONAL INDEMNITY COMPANY, a Nebraska corporation, having its principal office in the City of Omaha, state of Nebraska, does hereby make, constitute and appoint James W. Econn, Donald Killian 111, Margaret E. O'Brien, Linda O Scfaini, and Barry M. Sullock in the City of LOS ANGELES,County of LOS ANGELES,State of CALIFORNIA,its true and ,Yj• lawful attorney-in-fact,at LOS ANGELES,in the State of CALIFORNIA to make,execute,seal and deliver for and on its behalf, m and as its act and deed,only the Following classes of Subdivision Bonds:Subdivision Improvement including Performance and Labor • and Materials; Subdivision Inspection; Subdivision Survey or Monument; Subdivision Tax; Subdivision Warranty; Completion C Common Facilities;Maintenance Assessment;Release of Mechanics Lien;Release of Stop Notice;License or Permit Bonds required in connection with the subdivision (or subdivision related); Bonds required by F.H.A. or other similar government agencies; Conversion tax or fee;Advance Payments required by Federal,State,County,Municipal Authority,of other obligees,provided that a� the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sum shown f above. i7 THIS POWER VOID IF ALTERED OR ERASED This power Is not valid unless used before December 31, 1988 The acknowledgement and execution of any such document by said Attorney-in-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of NATIONAL INDEMNITY COMPANY at a meeting duly called and held on the 3rd day of January,1986: RESOLVED,that the President,or any Vice President,or Assistant Vice President,of the Company,be,and that each of any of them hereby is,authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of NATIONAL INDEMNITY COMPANY,bonds,undertakings and all contracts of suretyship;and that any Secretary or any Assistant Secretary be,and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures 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 and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof NATIONAL INDEMNITY COMPANY has caused its official seal to be hereunder affixed,and these presents to be signed by its Assistant Vice President and attested by its Assistant Secretary this 6th day of January,1986. ATTEST NATIONAL INDEMNITY COMPANY a- L As, /1 istant Secretary BY Assistant Vice President STATE OF CALIFORNIA tt COUNTY OF LOS ANGELES J SS On this 6th day of January,1986,before me,a Notary Public personally appeared Thomas A.Bolt,who being by me duly sworn, acknowledged that he signed the above Power of Attorney as Assistant Vice President of said NATIONAL INDEMNITY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. My Commission expires May 20,1988 OFFICIAL sfi 'L NANCY M FLORES s NOTAM pUKK•CALIFORNIA "NG1$C01N" CERTIFICATION Notary Public,California YI Tanm.Waa YAT aI,lap STATE OF CALIFORNIA COUNTY OF LOS ANGELES 3 SS I, the undersigned,Assistant Secretary of NATIONAL INDEMNITY INSURANC17 COMPANY,a Nebraska Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remahxs in full force and has not been revoked;and furthermore that the By-Laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney, are now In force. Signed and sealed at Pasadena,California Dated the...........10th........ ......... . .... ._dayof. ..September.. ... ...... . .... .. .. 19. Q , Assistant Secretary 1.ONLY ONE POWER-OF-ATTORNEY MAY BE ATTACHED TO A BOND. 2.POWER-OF-ATTORNEY MUST NOT BE RETURNED TO ATTORNEY-IN-FACT,BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS. 3.THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE.LAW CLAIMS,OR BONDS FOR CRIMINAL APPEARANCE. 4.THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES OR ANY BONDS. OTHER THAN THOSE ENUMERATED ABOVE. N IIWILa91 Bond No. NA 100656 Premium $2,549.00 PERFORMANCE BOND RELEASED (PRIVATE STREET IMPROVEMENTS -PHASE III) KNOW ALL MEN BY THESE PRESENTS: DATE INITIALS That Marbella Development Company as Principal, hereinafter called CONTRACTOR, and National Indemnity Company as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of one Hundred Sixty Nine ($169,889.00) Thousand Eight Hundred Eighty Nine and No/100ths***Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated , entered into a (describe agreement): Development Agreement with the City of San Juan Capistrano providing in part that Developer perform certain improvements relating to Tract 12954 as shown above, which contract is by reference made a part hereof; NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Bond No. NA 100656 Performance - Page Two 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive -notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this 10th day of September , 19 87 at Los Angeles , California. PRINCIPAL Marrbbella e o ment Company By<:� nt, a ^airway Land Company Gener Partner APPROVED AS TO FORM (NOTAR TION AND SEAL) d ks J R. SHAW, CITY ATTORNEY SURETY National Indemnity Company MargA et E. O'Brien, Attorney in Fact (NOTARIZATION AND SEAL) c/o James Econn & Co. 3055 Wilshire Boulevard Los Angeles, California 90010 . • i STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th day of September in the year 1987 before me, Alice M. Stump a Notary Public, State of California, duly commissioned and sworn, personally appeared Jon T. Brown personally known to me (or proved to me on the basis of satisfactory evidence) to be the President of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Jon T. Brown, President, The Fairway Land Company - A General Partner IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official , seal in the Orange County of California on the date set forth above in this certificate. Notary Public, State California WOffICIeL SEAL ALICE M. STUMy commission expires May 17, 1991 Na Cy PW CalnORANGE COUNTY mmission Exp .5t1' AWLEDGMENT OF ANNEXED INSTF&NT STATE OF CALIFORNIA u : COUNTY OF Los Angeles On this 10th day of September in the year 1987 before me, Lisa L. Thornton a Notary Public. State of California, duly commisioned and sworn, personally appeared Margaret E. O'Brien personally known to me (or proved to me on the basis of satisfactory evidence) to be the Attorney in Fact of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me.that such corporation executed the same. National Indemnity Company IN WITNESS WHEREOF, t have hereunto aet my hand and affixed my official seal in the Los Angeles County Of California on the date set forth above in this certificate. otary Public State o alifornia OFFICIAL SEAL LISA L. THORNTON My commission expires May 24, 1989 > _ K Notary Pwic cali(crno d Ainc'Pal Office In My CommAE,P jMCa°unty �.«.. y 24. 1989 r.4.�a POWER-OF-ATTORNEY FOR SUBDIVISION BONDS t , NATIONAL INDEMNITY COMPANY NOP N? 202545 ' 3024 HARNEY STREET OMAHA,NEBRASKA 68131 KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which it 9 C authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN, rQJ THE AUTHORITY OF THE ATTORN EY-IN-FACT and THE LIABILITY OF THE COM PANY R SHALL NOT EXCEED ........... .TWO Miifion.D0118rs.. X52,000,00000)......ON,ANY,QNE,BOND....... ........... USE OF MORE THAN ONE POWER VOIDS THE BOND NATIONAL INDEMNITY COMPANY, a Nebraska corporation, having its principal office in the City of Omaha, state of Nebraska, does hereby make, constitute and appoint James W. Econn, Donald Killian III, Margaret E. O'Brien, Linda 0 SCiaini, and Barry M. Sullock in the City of LOS ANGELES,County of LOS ANGELES,State of CALIFORNIA,its true and 3 14 lawful attorney-in-fact,at LOS ANGELES,in the State of CALIFORNIA to make,execute,seal and deliver for and on its behalf, 3 m and as its act and deed,only the following classes of Subdivision Bonds:Subdivision Improvement including Performance and Labor O and Materials; Subdivision Inspection; Subdivision Survey or Monument; Subdivision Tax; Subdivision Warranty; Completion C Common Facilities;Maintenance Assessment;Release of Mechanic's Lien;Release of Stop Notice;License or Permit Bonds required in connection with the subdivision (or subdivision related); Bonds required by F.H.A. or other similar government agencies; Conversion tax or fee;Advance Payments required by Federal,State,Countv,Municipal Authority,or other obligees,provided that a� the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sum shown above. THIS POWER VOID IF ALTERED OR ERASED This power Is not valid unless used before December 31, 1988 The acknowledgement and execution of any such document by said Attorney-in-Fact shall he as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of NATIONAL INDEMNITY COMPANY at a meeting duly called and held on the 3rd day of January,1986: RESOLVED,that the President,or any Vice President,or Assistant Vice President,of the Company,be,and that each of any of them hereby is,authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of NATIONAL INDEMNITY COMPANY,bonds,undertakings and all contracts of suretyship;and that any Secretary or any Assistant Secretary be,and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures 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 and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof NATIONAL INDEMNITY COMPANY has caused its official seal to be hereunder affixed,and these presents to be signed by its Assistant Vim President and attested by its Assistant Secretary this 6th day of January,1986. ATTEST NATIONAL INDEMNITY COMPANY /1 Assistant Secretary BY v Assistant Vice President STATE OF CALIFORNIA 1 COUNTY OF LOS ANGELES I SS On this 6th day of January,1986,before me,a Notary Public personally appeared Thomas A.Bolt,who being by me duly sworn, acknowledged that he u ed the above Power of Attorney as Assistant Vice President of said NATIONAL INDEMNITY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. My Commission expires May 20,1988 OFFICIAL SEAL /y/�/ NANCY M FLORFS ' '/,� � N0.tto"C.CAOFO.... ((( Mr mew.WI a MAY'a1,1988 CERTIFICATION Notary Public,California STATE OF CALIFORNIA COUNTY OF LOS ANGELES S SS 1,the undersigned, Assistant Secretary of NATIONAL INDEMNITY INSURANCE COMPANY,a Nebraska Corporation, DO -HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that the By-Laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney, are now in form. Signed and sealed at Pasadena,California Dated the. ..........10th . .. .... . _ . .. _ .dayof.. ...September .. .... .... .. 19. .87..... /1 Assistant Secretary 1.ONLY ONE POWER-OF-ATTORNEY MAY BE ATTACHED TO A BOND. VVV 2.POWER-OF-ATTORNEY MUST NOT BE RETURNED TO ATTORNEY-IN-FACT,BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS. 3.THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS,OR BONDS FOR CRIMINAL APPEARANCE. 4.THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES OR ANY BONDS. OTHER THAN THOSE ENUMERATED ABOVE, NI 1181P(JIM) 91 -45479FIDED N OFFICIAL RECORI)S OR ' OF ORANGE COUNTY,CALIFORNIA $ O= LX 12:00 _ P.M. AUG 2 6 19/91 N< _ Q.�n�-ruc�RECOADER ®_ _ Other A F*" $ PrORI ao •�x RECORDED AT THE REQUEST OF RECORDING FEES EXEMPT DUE TO AND RETURN TO: GOVERNMENT CODE SECTION 6103 City of San Juan Capistrano City Clerk's Department 32400 Paseo Adelanto Cherylho nson, City Clerk —Q San Juan Capistrano, CA 92675 City of San Juan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that an agreement between the City Council of the City of San Juan Capistrano, California, and Marbella Development Company, 27462 Calle Arroyo, Suite A, San Juan Capistrano, California 92675, developer for Tract 12954 requires the developer to complete the following to wit: CONSTRUCTION OF PUBLIC AND PRIVATE IMPROVEMENTS IN CONJUNCTION WITH TRACT 12954 IN THE CITY OF SAN JUAN CAPISTRANO That said work was completed on June 7, 1991, by said developer according to plans and specifications and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano, as the owner, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, at a regular meeting thereof held on the 20th day of August, 1991, by Resolution No. 91-8-20-2 That upon said agreement, the National Indemnity Company was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this 22nd day of August , 1991. Cheryl Jo ns n; City Clerk City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, do hereby certify under penalty of perjury that the foregoing Notice of Completion is true and correct, and that said Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Council. Dated at San Juan Capistrano, California, this 22nd day of August , 1991. Cheryl Johnson, City Clerk City of San Juan Capistrano 91 --48472-8 RECORDED IN OFFICIAL RECORDS RECEIVED OF ORANGE COUNTY.CALIFORNIA 4:00 SEP 61991 Sir 25 3 54 �M '9! PM gAdd, s $ NTY CLERK eV Q C� /RCOUNTYECORDER DEPARIM'ENT `�+Fi 2r+c'1F+RECOROER $CITY PF SAN JUAN CAPISTRAN0N $$ @S QNhe' $ D.T.T. P OR SMF RDE-12 RECORDED AT THE REQUEST OF RECORDING FEES EXEMPT DUE TO AND RETURN TO- GOVERNMENT CODE SECTION 6103 City C San Juan Capistrano Cit Clerk's Department 32400 Paseo Adelanto Cheryl John n, qKy Clerk San Juan Capistrano, CA 92675 City of San Juan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY" GIVEN that an agreement between the City of San Juan Capistrano, California, and Marbella Development Co., 27462 CAlle Arroyo, Suite A, San Juan Capistrano, California 92675, developer of Tract 12954 requires the developer to complete the following to wit: CONSTRUCTION OF EQUESTRIAN TRAILS AND PRIVATE STREET IMPROVEMENTS IN CONJUNCTION WITH TRACT 12954 IN THE CITY OF SAN JUAN CAPISTRANO That said work was completed on August 7, 1991 by said developer according to plans and specifications and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano, as the owner at 32400 Paseo Adelanto, San Juan Capistrano, California 92675 at a regular meeting thereof held on the 3rd day of September, 1991 by Resolution No. 91-9-3-2 . That upon siad contract, the National Indemnity Company was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this 4th day of September , 1991 Cheryl Johnsc&/, Cit Jerk City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) 1, Cheryl Johnson, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, do hereby certify under penalty of perjury that the foregoing Notice of Completion is true and correct, and that said Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Council. Dated at San Juan Capistrano this 4th da of September 1991 C ry 71() nsor tXity(Vlerk City of San Juan Capistrano • Titles $ COMPLETE THIS INFORMRTION: 92-631857 EX RECORDING REQUESTED BY: Add. $ I;,:Dna.DED ICUONTYIAOp FORNIA Pg@$Lien Nt $ FIND WHEN RECORDED MRIL TO: 0h ORANG ,4:00 SEP 18 1992 @$ OtIier S -�J L2 Recorder 6. ' R, Fes pj�,P is T.. PCGR SMF RDE-6 THIS SPRCE FOR RECORDER'S USE ONLY THIS PRGE RODEO TO PROVIDE RDEOURTE SPRCE FOR RECORDING INFORMRTION (Rdditional recording tee applies) RECORDED AT THE REQUEST OF RECORDING FEES EXEMPT DUE TO AND RETURN TO: GOVERNMENT CODE SECTION 6103 City of San Juan Capistrano City Clerk's Department 32400 Paseo Adelanto Cheryl Johnso , Ci Clerk San Juan Capistrano, CA 92675 City of San Juan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that an agreement between the City of San Juan Capistrano, California, and Marbella Development Company, now known as Fairway Properties Company, 27462 Calle Arroyo, Suite A, San Juan Capistrano, CA 92675, developer of Tract 12954, requires the developer to complete the following, to wit: CONSTRUCTION OF PUBLIC STREET IMPROVEMENTS CONSISTING OF LEFT-TURN LANES AND TRAFFIC SIGNAL, RANCHO VIEJO ROAD AND GOLF CLUB DRIVE IN CONJUNCTION WITH TRACT 12954 IN THE CITY OF SAN JUAN CAPISTRANO That said work was completed on September 1, 1992, by said developer according to plans and specifications and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano, as owner, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, at a regular meeting thereof held on the 15th day of September, 1992, by Resolution No. 92-9-15-3 That upon said agreement, the National Indemnity Company was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this 16th day of September 1992. Cheryl Joh6tonLWity Clerk City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, do hereby certify under penalty of perjury that the foregoing Notice of Completion is true and correct, and that said Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Council. Dated at San Juan Capistrano, California, this 16th day of September 1992. Cheryl Johns61i, Ci Clerk City of San Juan Capistrano Cc $ KJ Titles CORDED IN OFFICIAL IAL I COR Sg Add. $ OF ORANGE COUNTY.CALIFORNIA Pcg@$ 4:00 NO 8 1991 Lien Nt $ PM LL �RE OUNTY Other CORD R Other $ Ca Total Ree.Fees RECORDING FEES EXEMPT DUE TO RECORDED AT THE REQUEST OF D.T. AND RETURN TO: GOVERNMENT CODE SECTION 6103 EE City San Juan Capistrano R C City Clerk's Department 32400 Paseo Adelanto Cheryl Jo so tty Clerk San Juan Capistrano, CA 92675 City of San Juan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that an agreement between the City of San Juan Capistrano, California and Marbella Development Company, 27462 Calle Arroyo, Suite A, San Juan Capistrano, California 92675, developer of Tract 12954, requires the developer to Complete the following, to wit: CONSTRUCTION OF PUBLIC AND PRIVATE IMPROVEMENTS OF HORNO CREEK CHANNEL (L05) IN CONJUNCTION WITH TRACT 12954 IN THE CITY OF SAN JUAN CAPISTRANO That said work was completed on September 7, 1991, by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano, as owner, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, at a regular meeting thereof held on the 5th day of November , 1991, by Resolution No. 91-11-5-1 That upon said contract, the National Indemnity Company was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this 6th day of November , 1991. a r n� Cheryl J� , C,4ty Clerk City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) 1, CHERYL JOHNSON, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, do hereby certify under penalty of perjury that the foregoing Notice of Completion is true and correct, and that said Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Council. Dated at San Juan Capistrano, California, this 6th day of November , 1991. Cheryl Johr6_0n-,TAty Cler City of San Juan Capistrano CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: Tony Foster, Department of Engineering and Building Services 9)12L) C11 `S FROM: Records Coordinator DATE: August 15, 1991 SITUATION: At a regular meeting of the City Council on September 15, 1987, the City entered into a Reimbursement Agreement for Construction of Rancho Viejo Road with the Marbella Development Company (Project/Tract 12954). The Agreement states said work and improvements shall be completed within a period of two (2) years from the date of the Agreement. Agreement expires on September 15, 1989. On August 1, 1989, Agreement was extended to September 15, 1990. On September 10, 1990, Agreement was extended to March 15, 1991. On March 7, 1991, Agreement was extended to September 15, 1991. ACTION REQUESTED: The Agreement states that an extension of time may be granted by the City Engineer on the showing of good cause. Please advise this office of the status of this Agreement. ACTION TO BE TAKEN: 4-1re-l"D TO / ac /y9Z DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: �L SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: A�1'ad %/ ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 8/1/89 8/1/90 2/15/91 08/15/91 Deadline Date: 9/15/89 9/15/90 3/15/91 09/15/91 cc: City Attorney Assista t City Manager De_pk"enr HE-Ab (600.60/t I 2954r) i r MEMBERS OF THE CITY COUNCIL LAWRENCE F BUCHHEIM KENNETH E FRIEES ONG USE " ImammvH GARY L. HAUSDORFER mHn�ru 1161 GIL JONES 1776 JEFF VA SQUEZ •�• CITY MANAGER STEPHEN B JULIAN December 13, 1991 Mr. Michael Knapp - Marbella Development Company 27462 Calle Arroyo, Suite A San Juan Capistrano, California 92675 Re: Release of Performance Bond No. 100644 Horno Creek Channel Improvements Tract 12954, Marbella Development Company Dear Mr. Knapp: The following performance bond held as surety for the Horno Creek improvements is hereby released per action of the City Council this 13th day of December, 1991: PURPOSE AMOUNT Performance Bond No. 100644 $12,000.00 I have enclosed a certified copy for your records. If you have any questions, please do not hestitate to call. Very truly yours, Dawn M. Schanderl Deputy City Clerk Enclosure cc: Director of Engineering and Building Services Theodore Simon, City Engineer James Econn & Company Insurance 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 r nd No. NA 100644 • �emium $27,600.00 A4 &Z� vumllo� PERFORMANCE BOND adk6;� 9/55184 f0 (HORNO CREEK CHANNEL IMPROVEMENTS) s10?7 DOD i✓ .� KNOW ALL MEN BY THESE PRESENTS: That Marbella Development Company as Principal, hereinafter called CONTRACTOR, and National Indemnity Company as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of one Million Eight Hundrec ($1,840,000.00) Forty Thousand and No/100ths***************IDollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated entered into a (describe agreement): Development Agreement with the City of San Juan Capistrano providing in part that Developer perform certain improvements relating to Tract 12954 as shown above which contract is by reference made a part hereof; NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. RELEASED DATE BE IT FURTHER RESOLVED, that: INITIALS ��- 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. i 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive •notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this 10th day of September 19 87 , at Los Angeles , California. PRINCIPAL Marbella el pment Company By: P ent, e Fairway Land Company Genera Partner APPROVED AS TO FORM (N RI ION AND SEAL) aa)L�r 4 J R. SHAW, CITY ATTORNEY SURETY National Indemnity Company Ma�rgap E. O'Brien, Attorney n ct (NOTARIZATION AND SEAL) c/o James Econn & Co. 3055 Wilshire Boulevard Los Angeles, California 90010 STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th day of September in the year 1987 before me, Alice M. Stump a Notary Public, State of California, duly commissioned and sworn, personally appeared Jon T. Brown personally known to me (or proved to me on the basis of satisfactory evidence) to be the Presiaeat of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Jon T. Brown, President, The Fairway Land Company - A General Partner IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official , + seal in the Orange County of California on the date set forth above in this certificate. Notary Public, State f California A4MPMy commission expires May 17, 1991 �i�umieYYME] .5/17/91 r 1 , ACOWLEDGMENT OF ANNEXED INSTANT STATE OF CALIFORNIA COUNTY OF Los Angeles as: On This 10th day of September in the year 1987 before me. Lisa L. Thornton a Notary Public, State of California, duly comm stoned and sworn, personally appeared Margaret E. O'Brien personally known to me (or proved to me on the basis of satisfactory evidence) to be the _ Attorney in Fact of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me.that such corporation executed the same. National Indemnity Company IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Los Angeles County of California on the date set forth above in this certificate. Iary Pub c, State of California .e9�e ee NNNe e e e eee eee e N o«e+ OFFICIAL sent M commission expires May 24, 1989 LISA L. THORNTON Y Notary PublicCalifomia In 4 j o Princ OfOfficeL \\ Los Angeles countyew•r MY Comm. Exp.May dY 2 24 1969 hLNN♦ n qnn IL POWER-OF-ATTORNEY FOR SUBDIVISION BONDS NATIONAL INDEMNITY COMPANY NGP N4 202533 3024 HARNEY STREET OMAHA,NEBRASKA 68131 KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which it 9 C authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN, Q THE AUTHORITY OF THE ATTORNEY-IN-FACT and �J THE LIABILITY OFTHECOMPANY SHALL NOT EXCEED ............TWO Million_Dollars_. IS2,000,000.00),.....ON ANY ONE BOND ... .......... USE OF MORE THAN ONE POWER VOIDS THE BOND f NATIONAL INDEMNITY COMPANY, a Nebraska corporation, having its principal office in the City of Omaha, state of Nebraska, does hereby make, constitute and appoint James W. Econn, Donald Killian III, Margaret E. O'Brien, Linda O Sciaini, and Barry M. Sullock in the City of LOS ANGELES,County of LOS ANGELES,State of CALIFORNIA,its true and . ' lawful attorney-in-fact,at LOS ANGELES,in the State of CALIFORNIA to make,execute,seal and deliver for and on its behalf, m and as its act and deed,only the following classes of Subdivision Bonds:Subdivision Improvement including Performance and Labor • and Materials; Subdivision Inspection; Subdivision Survey or Monument; Subdivision Tax; Subdivision Warranty; Completion Common Facilities;Maintenance Assessment;Release of Mechanic's Lien;Release of Stop Notice;License or Permit Bonds required in connection with the subdivision (or subdivision related); Bonds required by F.H.A. or other similar government agencies; Conversion tax or fee;Advance Payments required by Federal,State,Countv,Municipal Authority,or other obligees,provided that the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sum shown above. THIS POWER VOID IF ALTERED OR ERASED This power Is not valid unless used before December 31, 1988 The acknowledgement and execution of any such document by said Attorney-in-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of NATIONAL INDEMNITY COMPANY at a meeting duly called and held on the 3rd day of January.1986: RESOLVED,that the President,or any Vice President,or Assistant Vice President,of the Company,be,and that each of any of them hereby is,authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of NATIONAL INDEMNITY COMPANY bonds,undertakings and all contracts of suretyship;and that any Secretary or . any Assistant Secretary be,and that each or any of tfiem hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures of such officers and the seal of the Company may he affixed to any such Power of Attorney or[o any certificate relating thereto b,facsimile and any such Power of Attorney or certificate hearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof NATIONAL INDEMNITY COMPANY has caused its official seal to be hereunder affixed,and these presents to be signed by its Assistant Vim President and attested by its Assistant Secretary this 6th day of January,1986. ATTEST (�/,�(` �Ipf�•r",''1///`/�77T1n/ /NATIONAL INDEMNITY COMPANY ( Assistant Smretary BY GGG Assistant Vice President STATE OF CALIFORNIA Il COUNTY OF LOS ANGELES) SS On this 6th day of Ianuary,1986,before me,a Notary Public personally appeared Thomas A.Bolt,who being by me duly swom, acknowledged that he signed the above Power of Attorney as Assistant Vice President of said NATIONAL INDEMNITY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. My Commission expires May 20,1988 OFFICIAL SEAL NANCY M FLORES NOTARY PUBLIC-CALIFORNIA /,� ar� NG, ISS GOU MAYM 1988 CERTIFICATION Notary Public,California STATE OF CALIFORNIA COUNTY OF LOS ANGELES I SS I,the undersigned, Assistant Secretary of NATIONAL INDEMNITY INSURANCE COMPANY,a Nebraska Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that the By-Laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney, are now in force. Signed and sealed at Pasadena,California 10th pm19 Dated the....... .. ........... .... ... .. ... .. ... .. ...day of.....Se.. .te......ber... .. ... .n. ...... ... . , .. . ..87. ..... -.,LAltnJl.t� ta . Assistant Secretary 1.ONLY ONE POWER-OF-ATTORNEY MAY BE ATTACHED TO A BOND. 2.POWER-OF-ATTORNEY MUST NOT BE RETURNED TO ATTORNEY-IN-FACT,BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS. 3.THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS,OR BONDS FOR CRIMINAL APPEARANCE. 4.THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES OR ANY BONDS. OTHER THAN THOSE ENUMERATED ABOVE. N1 1j9tP u1$6) �nd No. NA 100644 emium $27,600.00 PERFORMANCE BOND - " c (HORNO CREEK CHANNEL IMPROVEMENTS) KNOW ALL MEN BY THESE PRESENTS: That Marbella Development Company as Principal, hereinafter called CONTRACTOR, and National Indemnity Company as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of one Million Eight Hundre ($1,840,000.00) Forty Thousand and No/100ths***************IDollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated entered into a (describe agreement): Development Agreement with the City of San Juan Capistrano providing in part that Developer perform certain improvements relating to Tract 12454 as shown above which contract is by reference made a part hereof; NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. RELEASED BE IT FURTHER RESOLVED, that: DATE INITIALS al"Cla- 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive -notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this 10th day of September . 19 87 at Los Angeles , California. PRINCIPAL Marbella opment Company B ent, a Va rWay an ompany A Gene Partner APPROVED AS TO FORM (N ATION AND SEAL) J R. SHAW, CITY ATTORNEY SURETY National Indemnity Company By: Margar E. O'Brien, Attorney n act (NOTARIZATION AND SEAL) c/o James Econn 6 Co. 3055 Wilshire Boulevard Los Angeles, California 90010 STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th day of September in the year 1987 before me, Alice M. Stump a Notary Public, State of California, duly commissioned and sworn, personally appeared Jon T. Brown personally known to me (or proved to me on the basis of satisfactory evidence) to be the President of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Jon T. Brown, President, The Fairway Land Company - A General Partner IN WITNESS WHEREOF, I have hereunto set my hand and affiiced my official seal in the Orange County of California on the date set forth above in this certificate. 1 Notary Public, State f California NTYMEALMPliforniaMy commission expires May 17, 1991 ] p.5111191 s . ACOWLEOGMENT OF ANNEXED INSTRAT STATE OF CALIFORNIA COUNTY OF Los Angeles u : On this 1oth day of September in the year 1987 before me. Lisa L. Thornton a Notary Public, Slate of California, duty commisloned and sworn, personally appeared Margaret E. O'Brien personally known to me (or proved to me on the basis of satisfactory evidence) to be the _ Attorney in Fact of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me.that such corporation executed the same. National Indemnity Company IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Los Angeles County of California on the date set forth above in this certificate. Notary Public, State of Calitornu O.....SEAt .+ M commission expires May 24, 1989 orrlclnL sent Y P " LISA L. THORNTON ?j Notary Public California 9 PrinaPal Office In Les Angeles County My Comm. Exp. May 24, 1989 ...tiv POWER-OF-ATTORNEY • B FOR SUBDIVISION BONDS NATIONAL INDEMNITY COMPANY NGP N? 202533 3024 HARNEY STREET OMAHA,NEBRASKA 68131 KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which it authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN, 7. THE AUTHORITY OF THE ATTORNEY-IN-FACT and THE LIABILITY OF THE COMPANY • y SHALL NOT EXCEED ............TWO Million.Dollars, ($?,QOO,000,00)......ON ANy ONE,BOND_... USE OF MORE THAN ONE POWER VOIDS THE BOND Q E NATIONAL INDEMNITY COMPANY, a Nebraska corporation, having its principal office in the City of Omaha, state of Nebraska, does hereby make, constitute and appoint James W. Econn, Donald Killian III, Margaret E. O'Brien, Linda 0 Sciaini, and Barry M. Sullock in the City of LOS ANGELES, County of LOS ANGELES,State of CALIFORNIA,its true and lawful attorney-in-fact,at LOS ANGELES in the State of CALIFORNIA to make,execute,seal and deliver for and on its behalf, m and as its act and deed,only the following classes of Subdivision Bonds:Subdivision Improvement including Performance and Labor • and Materials; Subdivision Inspection; Subdivision Survey or Monument; Subdivision Tax; Subdivision Warranty; Completion C Common Facilities;Maintenance Assessment;Release of Mechanic's Lien; Release of Stop Notice;License or Permit Bonds required in connection with the subdivision (or subdivision related); Bonds required by F.H.A. or other similargOvernmenI agencies; - Conversion tax or fee;Advance Payments required by Federal,State,County,Municipal Authority,or other obligees,provided that S the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sum shown above. THIS POWER VOID IF ALTERED OR ERASED This power is not valid unless used before December 31, 1988 The acknowledgemeit and execution of any such document by said Attorney-in-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. $, This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of NATIONAL INDEMNITY COMPANY at a meeting duly called and held on the 3rd day of January,1936: RESOLVED,that the President,or any Vice President,or Assistant Vice President,of the Company,be,and that each of any of them hereby is,authorized to execute Powers of Attorney qualifying the attorney named in the given flower of Attorney to execute in behalf of NATIONAL INDEMNITY COMPANY bonds,undertakings and ell contracts of suretyship;and that any Secretary or any.Assistant Secretary be,and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures 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 and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof NATIONAL INDEMNITY COMPANY has caused its official seal to be hereunder affixed,and these presents to be signed by its Assistant Vice President and attested by its Assistant Secretary this 6th day of January, 1986. ATTEST NATIONAL INDEMNITY COMPANY _ /1 Assistant Secretary BY O v r' Assistant Vice President STATE OF CALIFORNIA ll COUNTY OF LOS ANGELES J SS On this 6th day of January,1986,before me,a Notary Public personally appeared Thomas A.Bolt,who being by me duly sworn, acknowledged that he signed the above Power of Attorney as Assistant Vice President of said NATIO Al. IND.MNITY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. My Commission expires May 20,1988 OFFICIAL SEAL NANCY M FLORES �HG:2/ NOTARY PUBLIC-CALWORN1A (( LOS ANGELES COUNTY Notary Public,California ve comm"*U Nr NAY Eq Lase CERTIFICATION STATE OF CALIFORNIA COUNTY OF LOS ANGELES J SS 1,the undersigned,Assistant Secretary of NATIONAL INDEMNITY INSURANCE COMPANY, a Nebraska Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that the By-Laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney, are now In force. Signed and sealed at Pasadena,California 10th y pmber 19 87 Dated the........... ...................... . .. . _ .. .da of. .. ...Se..te. . ...... . . . .. .. ... ... , a , Assistant Secretary 1.ONLY ONE POWER-OF-ATTORNEY MAY BE ATTACHED TO A BOND. 2.POWER-OF-ATTORNEY MUST NOT BE RETURNED TO ATTOBNEYAN-FACT,BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS. 3.THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NF.EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS,OR BONDS FOR CRIMINAL APPEARANCE. 4.THIS POWER DOES NOT AUTHORIZE THE EXECUTION OFBONDS FOR LOAN GUARANTEES OR ANY BONDS. OTHER THAN THOSE ENUMERATED ABOVE. NT tNIP01861 down MEMBERS OF THE CITYCOUNCIL BU LAWRENCE F BUCHHEIM KENNETH E FRIESS inlo.n1mlo GARYIL L H USDORFER If sslasusnlo 1961 1776 JEFF VASOUEZ • / • CITY MANAGER 'l STEPHEN B JULIAN November 14, 1991 Mr. Michael Knapp Marbella Development Company 27462 Calle Arroyo, Suite A San Juan Capistrano, California 92675 Re: Acceptance of Public and Private Improvements - Horno Creek Channel Dear Mr. Knapp: The City Council of the City of San Juan Capistrano at its regular meeting held November 5, 1991, adopted Resolution No. 91-11-5-1, accepting the work completed for the construction of public and private improvements for the Horno Creek Channel in Tract 12954. A copy of Resolution No. 91-11-5-1 is enclosed for your information. The Horno Creek Channel Improvements Performance Bond will be exonerated upon the expiration of 35 days from recording of the Notice of Completion. The Notice was recorded on November 8, 1991; therefore, the bond may be released on December 13, 1991. Thank you for your cooperation. Very truly yours, Cheryl Jo on� City Clerk Enclosure cc: Marbella Property Owners Association James Econn & Company Insurance Director of Engineer and Building Services 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 9 . REPORT OF PLANNING COMMISSION ACTIONS (440.40) The Report dated November 5, 1991, from the Director of Planning Services, regarding actions taken at the meeting of October 22, 1991, was ordered received and filed. ---�j10. RESOLUTION. NOTICE OF COMPLETION. ACCEPTANCE OF / IMPROVEMENTS AND RELEASE OF REDUCED PERFORMANCE BOND - HORNO CREEK CHANNEL IMPROVEMENTS TRACT 12954 (MARBELLA DEVELOPMENT COMPANY) (600. 30) As set forth in the Report dated November 5, 1991, from the Director of Engineering and Building, the following Resolution was adopted declaring the improvements to the Horno Creek Channel to be complete: RESOLUTION NO. 91-11-5-1. COMPLETION OF PUBLIC AND PRIVATE IMPROVEMENTS AND RELEASE OF SURETY - HORNO CREEK CHANNEL IMPROVEMENTS. TRACT 12954 (MARBELLA DEVELOPMENT COMPANY) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF PUBLIC AND PRIVATE IMPROVEMENTS FOR THE HORNO CREEK CHANNEL IMPROVEMENTS, TRACT 12954 (MARBELLA DEVELOPMENT COMPANY) The Resolution accepted the work as complete and directed the City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized to release the Horno Creek Channel Improvements Performance Bond No. 100644, in the amount of $12 , 000, thirty-five (35) days after recording the Notice of Completion. RESOLUTION AMENDING PERSONNEL CLASSIFICATION AND COMPENSATION PLAN (700. 201 This item was taken off the Consent Calendar at the request of Councilman Vasquez. Councilman Vasquez spoke in opposition to approving a salary increase for Executive Employees because of the City's financial constraints. As set forth in the Report dated November 5, 1991, from the Assistant City Manager, it was moved by Councilman Buchheim, seconded by Councilman Hausdorfer, that the following Resolution be adopted amending the Personnel Classification and Compensation Plan to provide for a 4% salary increase for Executive Employees: -6- 11/5/91 AGENDA ITEM CONSENT CALENDAR November 5, 1991 TO: Stephen B. Julian, City Manager FROM: William M. Huber, Director of Engineering & Building SUBJECT: MARBELLA - TRACT 12954 - Resolution, Acceptance of Improvements, Notice of Completion, Release of the Public Work Improvement Surety Bonds for Tract 12954 (Marbella). SITUATION Developer has requested the release of the subject bonds. Since the required work, on certain improvements, has been satisfactorily completed, Staff recommends that the improvements be accepted as noted in Exhibit "A" below and that a Notice of Completion be filed on the improvements completed. EXHIBIT "A" RELEASE THE FOLLOWING BONDS BOND # DESCRIPTION ORIG AMT PRESENT AMT NA 100644 Horno Creek Channel (1-05) - $12,000.00 $12,000.00 Performance NOTIFICATION James Econn & Co. Insurance, 3055 Wilshire Blvd., Ste 800, L.A., CA 90010 Marbella Development Co., Mike Knapp, 27462 Calle Arroyo, Ste A, San Juan Capistrano, CA 92675 Marbella Property Owners Association COMMISSION/BOARD REVIEW, RECOMMENDATIONS None. FINANCIAL CONSIDERATIONS None. ALTERNATE ACTIONS 1. Approve the resolution accepting and authorizing the City Clerk to file the Notice of Completion and release the bonds listed above. 2. Do not approve the resolution or make the motion. 3. Request additional information from Staff. FOR CITY COUNCIL AGENDJ�:":" V /� AGENDA ITEM • • November 5, 1991 Page 2 RECOMMENDATION By Motion, adopt the resolution accepting the improvements, authorizing the release of the bonds as listed in Exhibit "A" 35 days after recording of the Notice of Completion, authorizing the City Clerk to file the Notice of Completion with the County Recorder. Respectfully submitted, William M. Huber, P.E. WMH/ROV:ssg RESOLUTION NO. 91-11-5-1 COMPLETION OF PUBLIC AND PRIVATE IMPROVEMENTS AND RELEASE OF SURETY - HORNO CREEK CHANNEL IMPROVEMENTS TRACT 12954 MARBELLA DEVELOPMENT COMPANY A RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF PUBLIC AND PRIVATE IMPROVEMENTS FOR THE HORNO CREEK CHANNEL IMPROVEMENTS, TRACT 12954 (MARBELLA DEVELOPMENT COMPANY) WHEREAS, the City of San Juan Capistrano has entered into an Improvement Agreement with Marbella Development Company, 27462 Calle Arroyo, Suite A, San Juan Capistrano, California 92675, for the construction of public and private improvements to in Tract 12954; and, WHEREAS, the Director of Engineering and Building has found the public and private improvements to be in compliance with the plans and specifications of the above tract ,and to be in compliance with City specifications and special conditions and therefore, recommends approval and exoneration of the Horno Creek Channel Improvements Performance Bond No. NA 100644, in the amount of $12,000. NOW, THEREFORE, the City Council of the City of San Juan Capistrano, does resolve as follows: SECTION 1. That the work required to be performed by said subdivider has been completed. SECTION 2. That the public and private improvements are hereby accepted and approved. SECTION 3. That the Horno Creek Channel Improvements Performance Bond No. NA 100644 in the amount of $12,000 may be released 35 days after recordation of the Notice of Completion. SECTION 4. The City Clerk is directed to forthwith forward a "Notice of Completion" to the County Recorder of the County of Orange for recording. PASSED, APPROVED, AND ADOPTED this 5th day of November , 1991. KENNETH E. FRIESS, MAYO ATTEST: CITY CLERK -1- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 91-11-5-1 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the Sth day Of ,November 1991, by the following vote: AYES: Councilmen Jones, Hausdorfer, Buchheim, Vasquez and Mayor Friess NOES: None ABSTAIN: None ABSENT: None (SEAL) CHYL JO. CITY R�l/)'�_ -2- r or %L -1--r MEMBERS OF THE CITY COUNCIL LAWRENCE F BUCHHEIM KENNETH E FRIESS DRUG UfE �1- inloo.w.o GARY L HAUSOORFER la [nnesvu 1961 GIL JONES 1776 JEFF VASQUEZ 0 V\ • CITY MANAGER STEPHEN B JULIAN September 24, 1991 Mr. Michael Knapp Marbella Development Company 27462 Calle Arroyo, Suite A San Juan Capistrano, California 92675 Re: Release of Public and Private Sewer and Storm Drain Improvement Surety Bonds, Tract 12954 Dear Mr. Knapp: Per City Council action of August 20, 1991, the following bonds are hereby released as of today, September 24, 1991: BOND NO. PURPOSE ORIG AMT PRESENT AMT NA 100649 Private Storm Drain Phase 1 $397,353.00 $ 5,000.00 NA 100653 Private Storm Drain Phase II 79,504.00 2,500.00 NA 100657 Private Storm Drain Phase 111 193,143.00 2,500.00 NA 100654 Public Storm Drain Phase 11 183,085.00 1,000.00 Performance NA 100654 Public Storm Drain Phase II 183,085.00 1,000.00 Labor and Material NA 100655 Public Sewer Phase 11 119,730.00 10,000.00 Performance NA 100655 Public Sewer Phase 11 119,730.00 10,000.00 Labor and Material NA 100658 Public Sewer Phase III 179,875.00 10,000.00 Performance NA 100658 Public Sewer Phase Ill 179,875.00 10,000.00 Labor and Material 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 ff � � • Mr. Michael Knapp September 24, 1991 Page 2 NA 100651 Public Sewer Phase I 160,395.00 10,000.00 Performance NA 100651 Public Sewer Phase 1 160,395.00 10,000.00 Labor and Material NA 100650 Public Storm Drain 81,915.00 81,915.00 Performance NA 100650 Public Storm Drain 81,915.00 81,915.00 Labor and Material Enclosed are certified copies for your records. If you have any questions, please do not hesitate to call me at (714) 493-1171. Very truly yours, ry /l�lMti�lo�o-/' Dawn M. Schanderl Records Coordinator Enclosure cc: Cheryl Johnson, City Clerk Bill Huber, Director of Engineering and Building Ray Vincenti, Associate Civil Engineer • • . Bond No. NA 100653 • Premium $1,193.00 PERFORMANCE BOND w�tz ��� (PRIVATE STORM DRAIN IMPROVEMENTS - PHASE II) 9�5/�9 drnr$ KNOW ALL MEN BY THESE PRESENTS: That Marbella Development Company as Principal, hereinafter called CONTRACTOR, and National Indemnity Company as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of Seventy Nine Thousand Five Hundred Four and No/100ths*(*$** **0**OO*Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated , entered into a (describe agreement): Development Agreement with the City of San Juan Capistrano providing in part that Developer perform certain improvements relating to Tract 12954 as shown above, which contract is by reference made a part hereof; NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. RELEASED BE IT FURTHER RESOLVED, that: DATE 4/a4/Q/ INITIALS d4yta-- 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. • • Bond No. NA 100653 , Performance - Page Two 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive -notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this 10th day of September 19 87 at Los Angeles , California. PRINCIPAL Marbella D pment Company By r Iden The Fairway Land Company A Ge_p6ral Partner APPROVED AS TO FORM (N&TAitIZATION AND SEAL) J R. SHAW, CITY ATTORNEY SURETY National Indemnity Company By: Margar E. O'Brien, Attorney in Fact (NOTARIZATION AND SEAL) c/o James Econn 6 Co. 3055 Wilshire Boulevard Los Angeles, California 90010 STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th day of September in the year 1987 before me, Alice M. Stump a Notary Public, State of California, duly commissioned and sworn, personally appeared Jon T. Brown personally known to me (or proved to me on the basis of satisfactory evidence) to be the President of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Jon T. Brown, President, The Fairway Land Company - A General Partner IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Orange County of California on the date set forth above in this certificate. Notary Public, State of a ifornia :ALICE SEAL STUMP Calibria My commission expires May 17, 1991 OUNTY MyExp.5177/91 AWLEDGMENT OF ANNEXED INSTANT STATE OF CALIFORNIA l COUNTY OF Los Angeles On this 10th day of September in the year 1987 before me, Lisa L. Thornton a Notary Public, Slate of California, duly commisfoned and sworn, personally appeared Margaret E. O'Brien personally known to me (or proved to me on the basis of satisfactory evidence) to be the Attorney in Fact of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me.lhat such corporation executed the same. National Indemnity Company IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal in the Los Angeles County of California on the date set forth above in this certificate. otary Pu tic, California $ OMCIAL SEAL May 24, 1989 j v LISA L. THORNTON My commission expires Notary Publiccallfornia Principal offic,,In Los Angeles Coynty 2 �l.N6MT My Comm. Exp. Mav 24, 1989 1-V�110�e'�NHea H�M'�.Nae����♦ ..qnn POWER-OF-ATTORNEY • FOR SUBDIVISION BONDS NATIONAL INDEMNITY COMPANY NGP N? 202542 3024 HARNEY STREET _ OMAHA,NEBRASKA 68131 ' KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which it 99 authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN, 1 THE AUTHORITY OF THE ATTORNEY-IN-FACT and THE LIABILITY OF THE COMPANY • SHALL NOT EXCEED ............TWO MIllion.DOIlarS.. I S2,000,000.,OQ)......ON ANyDNF,f},OND„,,,,,, ,,, USE OF MORE THAN ONE POWER VOIDS THE BOND r NATIONAL INDEMNITY COMPANY, a Nebraska corporation, having its principal office in the City of Omaha, state of 3 Nebraska, does hereby make, constitute and appoint James W. Econn, Donald Killian III, Margaret E. O'Brien, Linda O SClaini, and Barry M. Sullock in the City of LOS ANGELES,County of LOS ANGELES,State of CALIFORNIA,Its true and t1r lawful attorney-in-fact,at LOS ANGELES,in the State of CALIFORNIA to make,execute,seal and deliver for and on its behalf, m and as Its act and deed,only the following classes of Subdivision Bonds:Subdivision Improvement including Performance and Labor • and Materials; Subdivision Inspection; Subdivision Survey or Monument; Subdivision Tax; Subdivision Warranty; Completion C Common Facilities;Maintenance Assessment;Release of Mens Mechanic's Lien;Release of Stop Notice;License or Permit Bonds required In connection with the subdivision (or subdivision related); Bonds required by F.H.A. or other similargovernment agencies; Conversion tax or fee;Advance Payments required by Federal,State,County,Municipal Authority,or other obligees,provided that s the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sum shown F above. THIS POWER VOID IF ALTERED OR ERASED This power Is not valid unless used before December 91, 1988 The acknowledgement and execution of any such document by said Attorney-in-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. This Power of Attorney is granted and Is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of NATIONAL INDEMNITY COMPANY at a meeting duly called and held on the 3rd day of January,1986: RESOLVED,that the President,or any Vice President,or Assistant Vim President,of the Company,be,and that each of any of them hereby is,authorized to execute Powers of Attorney quail Ing the attorney named in the given Power of Attorney to execute in behalf of NATIONAL INDEMNITY COMPANY bonds,undertakings and all contracts of suretyship;and that any Secretary or any Assistant Secretary be,and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any cortificate relating thereto by facsimile and any such Power of Attorney or certificate hearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof NATIONAL INDEMNITY COMPANY has caused its official seal to be hereunder affixed,and these presents to be signed by its Assistant Vice President and attested by its Assistant Secretary this 6th day of January, 1986. ATTEST NATIONAL INDEMNITY COMPANY Assistant Secretary BY ���fff �' Assistaot Vice President STATE OF CALIFORNIA 11 COUNTY OF LOS ANGELES J SS On this 6th day of January,1986,before me,a Notary Public personally appeared Thomas A.Bolt,who being by me duty sworn, - acknowledged that a signed the above Power of Attorney as Assistant Vice President of said NATIONAL INDEMNITY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. My Commission expires May 20,1988 OFFICIAL SEAL /y/�/ NANCY M FLORES ,�/�f'1GQ/ NGTAW PUBLIC-C FORNIA IDS ANGELES COUNTY CERTIFICATION "Na. otary Public,California Mr a.rya"MAY 20.Has STATE OF CALIFORNIA COUNTY OF LOS ANGELES I SS I,the undersigned,Assistant Secretary of NATIONAL INDEMNITY INSURANCE COMPANY, a Nebraska Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that the By-Laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney, are now in force. Signed and sealed at Pasadena,California Dated the...........JOth..... ........ .. .... . . . .day of.....SOP.i:eNb07.. . ... 19. .87 .. .. Assistant Secretary 1.ONLY ONE POWER-OF-ATTORNEY MAY BE ATTACHED TO A BOND. VVV 2.POWER-OF-ATTORNEY MUST NOT BE RETURNED TO ATTORNEY-IN-FACT,BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS. 3.THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS,OR BONDS FOR CRIMINAL APPEARANCE. 4.THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES OR ANY BONDS. OTHER THAN THOSE ENUMERATED ABOVE. NI I ISIP(JIM) Bond No. NA 100653 Premium $1,193.00 -"° .EASLU PERFORMANCE BOND (PRIVATE STORM DRAIN IMPROVEMENTS - PHASE II) DATE MEN BY THESE PRESENTS: INITIALS V Mid That Marbella Development Company as Principal, hereinafter called CONTRACTOR, and National Indemnity Company , as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of Seventy Nine Thousand Five Hundred Four and No/100ths*R*14**0***0** Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated . entered into a (describe agreement): Development Agreement with the City of San Juan Capistrano providing in part that Developer perform certain improvements relating to Tract 12954 as shown above, which contract is by reference made a part hereof; NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. y • • Bond No. NA 100653 Performance - Page Two 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive -notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this 10th day of September 19 87 , at Los Angeles , California. PRINCIPAL Marbella, a opment Company Iden The Fairway Land Company A Ge ral Partner APPROVED AS TO FORM (NQT6=ATION AND SEAL) jX4&�10%� , J R. SHAW, CITY ATTORNEY SURETY National Indemnity Company y� �'�u By: ��Gfi!U.c-C- MargarE. O'Brien, Attorney in Fact (NOTARIZATION AND SEAL) c/o James Econn & Co. 3055 Wilshire Boulevard Los Angeles, California 90010 STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th day of September in the year 1987 before me, Alice M. Stump a Notary Public, State of California, duly commissioned and sworn, personally appeared Jon T. Brown personally known to me (or provee to me on the basis of satisfactory evidence) to be the President of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Jon T. Brown, President, The Fairway Land Company - A General Partner IN WITNESS WHEREOF, I have hereunto set my hand and affix4 d my official . + seal in the Orange County of California on the date set forth above in this certificate. Notary Public, State o California °FFICIA SSEAL @my ALICE M.STUMPfurry Yubk California °�NGE ionExp. My commission expires May 17, 1991 Commissifm Exp.5/17/91 y A&WLEDGMENT OF ANNEXED INSTANT STATE OF CALIFORNIA COUNTY OF Los Angeles )} u . On this 10th day of September in the year 1987 before me, Lisa L. Thornton a Notary Public, Slate of California, duly commisloned and sworn, personally appeared Margaret E. O'Brien personally known to me (or proved to me on the basis of satisfactory evidence) to be the Attorney in Fact of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me.that such corporation executed the same. National Indemnity Company IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Los Angeles County of California on the date set forth above in this certificate. ota Public, State of California t.-n.n.+....-n o.s.,....q...,.n.e ............. A, My commission expires May 24, 1989 q ; M - L!S,A L 71-{ORNTON 1r�%`Vh$` ;i„ FJOtary Public California �:. '& Principal Office In Los Angeles County + �� My Comm. Exp. May 24, 1989 "rtlnu POWER-OF-ATTORNEY FOR SUBDIVISION BONDS NATIONAL INDEMNITY COMPANY NGP N4 202542 3024 HARNEY STREET OMAHA,NEBRASKA 68131 KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which it 9 C authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN, THE AUTHORITY OF THE ATTORNEY-IN-FACT and THE LIABILITY OF TH E COM PANY SHALL NOT EXCEED ............TWO Million.Dollars.. (SZODD,DOD.00)......QN ANY,QNE BOND.................. USE OF MORE THAN ONE POWER VOIDS THE BOND NATIONAL INDEMNITY COMPANY, a Nebraska corporation, having its principal office in the City of Omaha, state of q Nebraska, does hereby make, constitute and appoint James W. Econn, Donald Killian 1II, Margaret E. O'Brien, Linda tg Q Sciaini, and Barry M. Sullock in the City of LOS ANGELES,County of LOS ANGELES,State of CALIFORNIA,its true and PO 7�' lawful attorney-in-fact,at LOS ANGELES,in the State of CALIFORNIA to make,execute,Seal and deliver for and on its behalf, m and as its act and deed,only the following classes of Subdivision Bonds:Subdivision Improvement including Performance and Labor i and Materials; Subdivision Inspection, Subdivision Survey or Monument; Subdivision Tax; Subdivision Warranty; Completion Cx Common Facilities;Maintenance Assessment;Release of Mechanic's Lien;Release of Stop Notice;License or Permit Bonds required 6 in connection with the subdivision (or subdivision related); Bonds required by F.H.A. or other similar government agencies; Conversion tax or fee;Advance Payments required by Federal,State,County,Municipal Authority,or other obligees,provided that is the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sum shown F above. THIS POWER VOID IF ALTERED OR ERASED This power is not valid unless used before December 31, 1988 The acknowledgement and execution of any such document by said Attorney-in-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of NATIONAL INDEMNITY COMPANY at a meeting duly called and held on the 3rd day of January,1986: RESOLVED,that the President,or any Vice President,or Assistant Vice President,of the Company,be,and that each of any of them hereby is,authorized to execute Powers of Attorney qualif 'ng the attorney named in the given Power of Attorney to execute in behalf of NATIONAL INDEMNITY COMPANY,bonds,undertakings and all contracts of suretyship;and that any Secretary or . any Assistant Secretary be,and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures 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 and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof NATIONAL INDEMNITY COMPANY has caused its official seal to be hereunder affixed,and these presents to be signed by its Assistant V ice President and attested by its Assistant Secretary this 6th day of January,1986. ATTEST NATIONAL INDEMNITY COMPANY Assistant Secretary BY 4 �f 1ssistant Vice President STATE OF CALIFORNIA Ili COUNTY OF LOS ANGELES 3 SS On this 6th day of tanuary,1986,before me,a Notary Public personally appeared Thomas A.Bolt,who bein by me duly sworn, acknowledged that a signed the above Power of Attorney as Assistant Vice President of said NATIONAL INDEMNITY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. My Commission expires May 20,1988 isOFFICIAL SEAL �(�/�')) NANCY M FLORES ///�f1GQi NOTARY PUBLIC-CALIFORNIA (((( IPS ANGELES CWNtt CERTIFICATION Notary Public,California yr LOS ANGELES OU m,resell STATE OF CALIFORNIA COUNTY OF LOS ANGELES J SS I, the undersigned,Assistant Secretary of NATIONAL INDEMNITY INSURANCE COMPANY,a Nebraska Corporation,DO -HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that the By-Laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney, are now in force. Signed and sealed at Pasadena,California Dated the........._10th....... ... .. ..... . .. .. .dayof....Se.P.tglAb0)7... .......... .. ...... ., 19. .87..... a . 4ZL 6 Assistant Secretary 1.ONLY ONE POWER-OF-ATTORNEY MAY BE ATTACHED TO A BOND. 2.POWER-OF-ATTORNEY MUST NOT BE RETURNED TO ATTORNEY-IN-FACT,BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS. 3.THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS,OR BONDS FOR CRIMINAL APPEARANCE. 4.THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES OR ANY BONDS, OTHER THAN THOSE ENUMERATED ABOVE. NI I181P 111861 ,J • • Bond No. NA 100649 Premium $5,961.00 A � -to $S, 000.00 PERFORMANCE BOND U OOL/n M "tt69n (PRIVATE STORM DRAIN IMPROVEMENTS - PHASE I) gds"A?9 _ KNOW ALL MEN BY THESE PRESENTS: That Marbella Development Companv as Principal, hereinafter called CONTRACTOR, and National Indemnity Comnanv as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San 3uan Capistrano, as Obligee, hereinafter called CITY, in the amount of Three Hundred Ninety 397,353.00) Seven Thousand Three Hundred Fifty tree and No/100thDollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated entered into a (describe agreement): Development Agreement with the City of San Juan Capistrano provid4ng in part that Developer perform certain improvements relating to Tract 12954 as shown above, which contract is by reference made a part hereof; NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. RELEASED BE IT FURTHER RESOLVED, that: DATE 01IR14 �q I INITIALS 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. • Bond No. NA 100649 Performance-Page Two 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive -notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this 10th day of September 19 87 , at Los Angeles , California. PRINCIPAL Marbella,. velo went Company B re dent The Fairway Land Company A Gen al Partner APPROVED AS TO FORM (NOTAIHZATION AND SEAL) d a,,,,r J R. SHAW, CITY ATTORNEY SURETY National Indemnity Company Margare E. O'Brien, Attorney in Fact (NOTARIZATION AND SEAL) c/o James Econn & Co. 3055 Wilshire Boulevard Los Angeles, California 90010 STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th day of September in the year 1987 before me, Alice M. Stump a Notary Public, State of California, duly commissioned and sworn, personally appeared Jon T. Brown personally known to me (or proved to me on the basis of satisfactory evidence) to be the President of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Jon T. Brown, President, The Fairway Land Company - A General Partner IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official 4 seal in the Orange County of California on the date set forth above in this certificate. I ' Notary Public, State of al'fornia CA a OFFICIAL SEAL ALICE M.STUMP Notary Public California ORANGE COOTY My commission expires May 17, 1991 MY Commission CXP.5117191 •� t ACALEDGMENT OF ANNEXED INSTRAT STATE OF CALIFORNIA COUNTY OF Los Angeles 10th September 1987 On this day of in the year before me, Lisa L. Thornton a Notary Public, State of California, duly comm stoned and sworn, personally appeared Margaret E. O'Brien personally known to me (of proved to me on the basis of satisfactory evidence) to be the _ Attorney in Fac[ of the corporation that executed the within instrument, and also known to me to be the porson who executed the within instrument on behalf of the corporation therein named, and acknowledged to me.that such corporation executed the same. National Indemnity Company IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Los Angeles County of California on the date sol forth above in this certificate. Notary Pu kc, California 1,.3:,' OFFICIAL SEAL %� "`, LISA L. THORNTON My commission expires May 24. 1989 t � Notary Public-California e I L N C o Principal Office In ���'•` Los Angeles County Ivly Comm. Exp. May 24, 1989 . POWER-OF-ATTORNEY FOR SUBDIVISION BONDS NATIONAL,INDEMNITY COMPANY NGP N° 202538 3024 HARNEY STREET OMAHA,NEBRASKA 68131 KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which it authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN, y} THE AUTHORITY OF THE ATTORN EY-IN-FACT and THE LIABILITY OF THE COMPANY Q SHALL NOT EXCEED ............TWO MiIIIOn.Dollars„.(.$2,000•Q00,00)....._QN ANy.QNE.QQND,,... . USE OF MORE THAN ONE POWER VOIDS THE BOND n NATIONAL INDEMNITY COMPANY, a Nebraska corporation, having its principal office in the City of Omaha, state of $ Nebraska, does hereby make, constitute and appoint James W. EConn, Donald Killian III, Margaret E. O'Brien, Linda O Sciaini, and Barry M. Sullock in the City of LOS ANGELES,County of LOS ANGELES, State of its true and lawful attorney-in-fact,at LOS ANGELES,In the Slate of CALIFORNIA to make,execute,seal and deliver for and CALIFORNIA,n its behalf, m and as its act and deed,only the following classes of Subdivision Bonds:Subdivision Improvement including Performance and Labor i and Materials; Subdivision Inspection;Subdivision Survey or Monument; Subdivision Tax; Subdivision Warranty; Completion C Common Facilities;Maintenance Assessment,Release of Mechanics Lien;Release of Stop Notice;License or Permit Bonds required in connection with the subdivision (or subdivision related); Bonds required by F.H.A. or other similar gg(vernment agencics; - Conversion tax or fee;Advance Payments required by Federal,State,County,Municipal Authority,or other oLligees,provided that the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sum shown above. THIS POWER VOID IF ALTERED OR ERASED This power is not valid unless used before December 31, 1988 The acknowledgement and execution of any such document by said Attorney-in-Fact shall be as binding upon the Company as If such bond had been executed and acknowledged by the regularly elected officers of this Company. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of NATIONAL INDEMNITY COMPANY at a meeting duly called and held on the 3rd day of January,1986: RESOLVED,that the President,or any VicePresident,or Assistant V icePresident,of the Company,be,and that each of any of them hereby is,authorized to execute Powersof Attorney quail f ing the attorney named in the given Power of Attorney to execute in behalf of NATIONAL INDEMNITY COMPANY bonds,undertakings and all contracts of suretyship;and that any Secretary or any Assistant Secretary be,and that each or any of them hereby is authorized to aite t the execution of any such Power of Attorney, end to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relatinf thereto by facsimile and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be va id and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached.- In Witness Whereof NATIONAL INDEMNITY COMPANY has caused its official seal to be hereunder affixed,and these presents to be signed by its Assistant Vice President and attested by its Assistant Secretary this 6th day of January, 1986. ATTEST NATIONAL INDEMNI'T'Y COMPANY _ a /t Assistant Secretary BY v Assivtant Vice President STATE OF CALIFORNIA ll COUNTY OF LOS ANGELES J SS On this 8th day of January,1986,before me,a Notary Public personally appeared Thomas A.Bolt,who being by me duly sworn, acknowledged that a signed the above Power of Attorney as Assistant Vice President of said NATIONAL INDEMNITY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. - My Commission expires May 20,1988 OFFICIAL SEAL ///// NANCY M CWPO �^,.;[,' t Notary Public,California LOS ANGELES aa°N" CERTIFICATION er w ..Wan tur m, 19sa STATE OF CALIFORNIA COUNTY OF LOS ANGELES J SS I, the undersigned,Assistant Secretary of NATIONAL INDEMNITY INSURANCE COMPANY, a Nebraska Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains In full force and has not been revoked;and furthermore that the By-Laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney, are now in force. Signed and seated at Pasadena,California Dated the........... .1.Oth ... ......... _ ... .. ._day of., ...September 19. 87 Assistant Secretary 1.ONLY ONE POWER-OF-ATTORNEY MAY BE ATTACHED TO A BOND. 2.POWER-OF-ATTORNEY MUST NOT BE BETURNED TO ATTORNEY-IN-FACT,BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS. 3.THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS,OR BONDS FOR CRIMINAL APPEARANCE. 4.THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES OR ANY BONDS. OTHER THAN THOSE ENUMERATED ABOVE. NI I[RIP(11se) • • Bond No. NA 100649 Premium $5,961.00 7 � PERFORMANCE BOND (PRIVATE STORM DRAIN IMPROVEMENTS - PHASE I) DATE KNO ALL MEN BY THESE PRESENTS: INITIS That Marbella Development Company as Principal, hereinafter called CONTRACTOR, and National Indemnity Company as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of Three Hundred Ninety i$397,353.00) Seven Thousand Three Hundred Fifty hree and No/100t Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated entered into a (describe agreement): Development Agreement with the City of San Juan Capistrano provid4ng in part that Developer perform certain improvements relating to Tract 12954 as shown above, which contract is by reference made a part hereof; NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. �• • • Bond NA 1 Performance-Page Two 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive -notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this 10th day of September 19 87 , at Los Angeles , California. PRINCIPA Marbe1 evel went Company B ent, e oa�Land Company A Gene Partner APPROVED AS TO FORM ( OTAR TION AND SEAL) Lot., � , 7 R. SHAW, CITY ATTORNEY SURETY National Indemnity Company By: - :CVA", Marga et E. O'Brien, Attorney in Fact (NOTARIZATION AND SEAL) c/o James Econn 6 Co. 3055 Wilshire Boulevard Los Angeles, California 90010 STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th day of September in the year 1987 before me, Alice M. Stump a Notary Public, State of California, duly commissioned and sworn, personally appeared Jon T. Brown personally known to me (or proved to me on the basis of satisfactory evidence) to be the President of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Jon T. Brown, President, The Fairway Land Company - A General Partner IN WITNESS WHEREOF, I have hereunto set my hand and affiiced my official seal in the Orange County of California on the date set forth above in this certificate. Notary Publi , State o lifornia ALMPAmiro isMy commission expires May 17, 1991 iY•5/1]/!17 AC&LEDGMENT OF ANNEXED INSTFILOT STATE OF CALIFORNIA COUNTY OF Los Angeles )y s� On this 10th day of September in the year 1987 before me, Lisa L. Thornton a Notary Public, State of California, duty commisioned and sworn, personally appeared Margaret E. O'Brien personally known to me (or proved to me on the basis of satisfactory evidence) to be the _ Attorney in Fact of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me.lhal such corporation executed the same. National Indemnity Company IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Los Angeles County of California on the dale set forth above in this certificate. C4 otary Publ , State ifornia k ,y ;Y ,, orFICIALseAI �My commission expires May 24, 1989 o ,�-` LISA L. THORNTON �: (i'a' ',-, No!sry PuDhoCalifornia i �' ',o Pi inr.ipal Office In � Los Angeles County 1989 wgnD POWER-OF-ATTORNEY 40 FOR SUBDIVISION BONDS NATIONAL INDEMNITY COMPANY NGP N9 202538 3024 HARNEY STREET OMAHA,NEBRASKA 68131 KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which it authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN, THE AUTHORITY OF THE ATTORNEY-IN-FACT and y THE LIABILITY OF THE COMPANY 3i SHALL NOT EXCEED ............TWO Mlll....DOIIarS, (S2,000,000,00)......ON_ANY ONE,BOND.... USE OF MORE THAN ONE POWER VOIDS THE BOND NATIONAL INDEMNITY COMPANY, a Nebraska corporation, having its principal office in the City of Omaha, state of Nebraska, does hereby make, constitute and appoint James W. Econn, Donald Killian III, Margaret E. O'Brien, Linda O Sciaini, and Barry M. Sullock in the City of LOS ANGELES,County of LOS ANGELES,State of CALIFORNIA,its true and 14 lawful attorney-in-fact,at LOS ANGELES,in the State of CALIFORNIA to make,execute,seal and deliver for and on its behalf, m and as its act and deed,only the following classes of Subdivision Bonds:Subdivision Improvement including Performance and Labor s and Materials; Subdivision Inspection; Subdivision Survey or Monument; Subdivision Tax; Subdivision Warranty; Completion Common Facilities;Maintenance Assessment;Release of Mechanic's Lien;Release of Stop Notice;License or Permit Bonds required in connection with the subdivision (or subdivision related); Bonds required by F.H.A. or other similar government agencies; Conversion tax or fee;Advance Payments required by Federal,State,County,Municipal Authority,or other obligees,provided thatr the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sum shown above. THIS POWER VOID IF ALTERED OR ERASED This power Is not valid unless used before December 31, 1988 The acknowledgement and execution of any such document by said Attorney-in-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. �r This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of NATIONAL INDEMNITY COMPANY at a meeting duly called and held on the 3rd day of January,1986: RESOLVED,that the President,or any Vice President,or Assistant Vice President,of the Company,be,and that each of any of them hereby is,authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of NATIONAL INDEMNITY COMPANY,bonds,undertakings and all contracts of suretyship;and that any Secretary or any Assistant Secretary be,and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures 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 and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof NATIONAL INDEMNITY COMPANY has caused its official seal to be hereunder affixed,and these presents to be signed by its Assistant Vice President and attested by its Assistant Secretary this 6th day of January,1986. ATTEST NATIONAL INDEMNITY COMPANY Z a. /1 Assistant Secretary BY po v Assistant Vice President STATE OF CALIFORNIA ll COUNTY OF LOS ANGELES I SS On this 6th day of Ianuary,1986,before me,a Notary Public personally appeared Thomas A.Bolt,who being by me duly sworn, acknowledged that he signed the above Power of Attorney as Assistant Vice President of said NATIONAL INDEMNITY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. My Commission expires May 20,1988 OFFICIAL SEAL /y{�{ NANCY M FLORES NOTANY WRLW-GnFO"NIA Lab AaaELrx CERTIFICATION Notary Public,California MI wmm.Wiru MAY m,19af STATE OF CALIFORNIA COUNTY OF LOS ANGELES J SS 1,the undersigned,Assistant Secretary of NATIONAL INDEMNITY INSURANCE COMPANY,a Nebraska Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that the By-Laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney, are now in force. Signed and sealed at Pasadena,California 10th .. .. .dayof.. September 87 Dated the....... ............... .. ..... ... .. .. ...... ..... . ..... 19. ......... QAssistant Secretary 1.ONLY ONE POWER-OF-ATTORNEY MAY BE ATTACHED TO A BOND. 2.POWER-OF-ATTORNEY MUST NOT BE RETURNED TO ATTORNEY-IN-FACT,BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS. 3.THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS,OR BONDS FOR CRIMINAL APPEARANCE. 4.THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES OR ANY BONDS. OTHER THAN THOSE ENUMERATED ABOVE. NI I ISIP(1186) , RELEASED Bond No. NA 100650 Q rP Premium $1,229.00 DATE. '"�lo��I�9� SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE S 66499 .1) INITIALS " " (PUBLIC STORM DRAIN IMPROVEMENTS - PHASE I) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Marbella Deyelonmenr Company (hereafter designated as "Principal") , have entered into a Sub- division Agreement whereby Principal agrees to install and complete certain designated public improvements , which said Agreement dated 19 , and identified as Project Tract 12954 is hereby referred to and made a part hereof; and WHEREAS, said Principal is required, under the terms of the said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, we, the Principal and National Indemnity Company = , as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee") , in the sum Of Eighty one Thousand NIUGc Hundred Fifteen and No/100th. *********O0 Dollars, lawful money of the Unsted 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 L Bond No. NA 100650 • Performance-Page Two addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney' s fees , incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modifi- cation of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder . 87 Executed this loth day of September , 195 , at Los Angeles California. PRnQCIP. Marbe a De to ment Company Pr t, Th Fairway Land Company General artner. ( OT= ON AND SEAL) SURETY APPROVED AS TO FORM. National Indemnity Company By* ffl L Margar4k E.E. O'Brien, Attorney in Fact (NOTARIZATION AND SEAL) J R. Shaw c/o James Econn & Co. it Attorney 3055 Wilshire Boulevard Los Angeles, California 90010 Paae 2 - SUBDIVISION FAITHFUL PERFORMANCE BOND STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th day of September in the year 1987 before me, Alice M. Stump a Notary Public, State of California, duly commissioned and sworn, personally appeared Jon T. Brown personally known to me (or proved to me on the basis of satisfactory evidence) to be the President of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Jon T. Brown, President, The Fairway Land Company - A General Partner IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official . + seal in the Orange County of California on the date set forth above in this certificate. AL Notary Public, State of C lifornia OEM, TU My commission expires May 17, 1991 ALICE M, STUMP Notary Public California ORANGE COUNTY Wmy Commission Exp.5/17/91 ACIOWLEDGMENT OF ANNEXED INSTRI&T STATE OF CALIFORNIA l COUNTY OF Los Angeles On this 10th day of September in the year 1987 before me, Lisa L. Thornton a Notary Public, State of California, duly commisloned and sworn, personally appeared Margaret E. O'Brien personally known to me (or proved to me on the basis of satisfactory evidence) to be the _ Attorney in Fact of the corporation that executed the within instrument, and also known to me to be the parson who executed the within instrument on behalf of the corporation therein named, and acknowledged to me.that such corporation executed the same. National Indemnity Company IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Los Angeles County of California on the date set forth above in this certificate. Notary P blit, Sla • of California rH�4K9P�P♦SP OIP•PPPP�♦♦PP�H♦ �.� OFFICIAL SrAL My commission expires May 24, 1989 LISA L. THORNTON Notary Public California Principal Office In Los Angeles County • :,;aJ My Comm. Exp. May 24, 1989 p-µP P�PHH NlP1♦�♦�P1♦P�♦♦ •11aM • POWER-OF-ATTORNEY • FOR SUBDIVISION BONDS NATIONAL INDEMNITY COMPANY NGP N4 202539 3024 HARNEY STREET - OMAHA,NEBRASKA 68131 KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which it authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN, THE AUTHORITY OF THE ATTORNEY-IN-FACT and THE LIABILITY OFTHE COMPANY SHALL NOT EXCEED ............TWO Million,Dollars,.(Q,W,O(JD,Qp),,,, ON ANY ONE,BOND............... USE OF MORE THAN ONE POWER VOIDS THE BOND NATIONAL INDEMNITY COMPANY, a Nebraska corporation, having its principal office in the City of Omaha, state of Nebraska, does hereby make, constitute and appoint James W. Econn, Donald Killian III, Margaret E. O'Brien, Linda O Scisini, and Barry M. Sullock in the City of LOS ANGELES,County of LOS ANGELES,State of CALIFORNIA,its true and 4j lawful attorney-in-fact,at LOS ANGELES,in the State of CALIFORNIA to make,execute,seal and deliver for and on its behalf, m and as its act and deed,only the following classes of Subdivision Bonds:Subdivision Improvement including Performance and Labor • and Materials; Subdivision Inspection; Subdivision Survey or Monument; Subdivision Tax; Subdivision Warranty; Completion Common Facilities;Maintenance Assessment;Release of Mechanic's Lien;Release of Stop Notice;License or Permit Bonds required in connection with the subdivision (or subdivision related); Bonds required by F.H.A. or other similar government agencies; - Conversion tax or fee;AdvancePayments required by Federal,State,County,Municipal Authority,or other obligees,provided that the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sum shown above. i7 THIS POWER VOID IF ALTERED OR ERASED This power Is not valid unless used before December 31, 1988 The acknowledgement and execution of any such document by said Attorney-in-Fact shall be as binding upon the Company m if such bond had been executed and acknowledged by the regularly elected officers of this Company. This Power of AttorneyIs granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board ofDirectorsof NATIONAL INDEMNITY COMPANY at a meeting duly called and held on the 3rd day of January,1986: RESOLVED,that the President,or any Vice President,or Assistant Vice President,of the Company,be,and that each of any of them hereby is,authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of NATIONAL INDEMNITY COMPANY,bonds,undertakings and all contracts of suretyship;and that any Secretary or any Assistant Smreta%y be,and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures 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 and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof NATIONAL INDEMNITY COMPANY has caused its official seal to be hereunder affixed,and these presents to be signed by its Assistant Vice President and attested by its Assistant Secretary this 6th day of January,1986. ATTEST NATIONAL INDEMNITY COMPANY /t Assistant Secretary BY / �f �Assistaot Vice President STATE OF CALIFORNIA Il COUNTY OF LOS ANGELES) SS On this 6th day of f anuary,1986,before me,a Notary Public personally appeared Thomas A.Bolt,who being by me duly sworn, acknowledged that 1e signed the above Power of Attorney as Assistant Vice President of said NATIONAL INDEMNITY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. My Commission expires May 20,1988 OFFICIAL SEAL NANCY M FLORES m NOTARY PUBLIC•CALIFORNIA My=m"ln MAAY 2TY D.190 CERTIFICATION Notary Public,California STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS I,the undersi4ned Assistant Secretary of NATIONAL INDEMNITY INSURANCE COMPANY,a Nebraska Corporation,DO -HEREBY CER'CIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that the By-Laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney, are now in force. Signed and sealed at Pasadena,California Dated the. ........ ..10th......... . .day of.. ...$e p t embe r, 0' ' A_ Assistant Secretary 1.ONLY ONE POWER-OF-ATTORNEY MAY BE ATTACHED TO A BOND. 2.POWER-OF-ATTORNEY MUST NOT BE RETURNED TO ATTORNEY-IN-FACT,BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS. 3.THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS,OR BONDS FOR CRIMINAL APPEARANCE. 4.THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES OR ANY BONDS. OTHER THAN THOSE ENUMERATED ABOVE. In WISIP Ivasl RELEASED • • Bond No. NA 100650 DATE AgI R i Premium Included INITIALS LABOR AND MATERIAL BOND (PUBLIC STORM DRAIN IMPROVEMENTS - PHASE I) KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to Marbella Development Company License No, hereinafter designated as "Principal", a contract for Tract 12954 ; and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we Marbella Development Company Principal, and National Indemnity Company , as surety, are held firmly bound unto.the City of San Juan Capistrano, a municipal corporation, in the penal sum of Eichty One Thousand Nine Hundred Fifteen and No/100ths***'DOLLARS ($81,915.00), lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub-contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 5, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the 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 obligation on 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. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. • • Bond No. NA 100650 Labor & Material - Page Two 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 10th day of c� ramh,, 19 87 . 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. Marbella Devel P1;IP7 dent, TheLand Company A Gene al Partner N on ndemnit 0MDanv a SURETY r � By G��� :-e argar E. O'Brien, Attorney in Fact APPROVED AS TO FORM c/o .Tames Econn & Co. 3055 Wilshire Boulevard Los Angeles, California 90010 7 R. SHAW, CITY ATTORNEY STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th day of September in the year 1987 before me, Alice M. Stump a Notary Public, State of California, duly commissioned and sworn, personally appeared Jon T. Brown personally known to me (or proved to me on the basis of satisfactory evidence) to be the President of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Jon T. Brown, President, The Fairway Land Company - A General Partner IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Orange County of California on the date set forth above in this certificate. Notary Public, State f California LMPM commission ex ires Maurma � y P Y 17, 1991 iYgy—]� .5117/91 ACOWLEDGMENT OF ANNEXED INSTRIONT STATE OF CALIFORNIA l COUNTY OF Los Angeles )1 as 10th September 1987 On This day of in the year before me, Lisa L. Thornton a Notary Public, State of California, duly comm stoned and sworn, personally appeared Margaret E. O'Brien personally known to me (or proved to me on the basis of satisfactory evidence) to be the _ Attorney in Fact of the corporation that executed the within instrument, and also known to me to be the parson who executed the within instrument on behalf of the corporation therein named. and acknowledged to me.that such corporation executed the same. National Indemnity Company IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Los Angeles County of California on the dale set forth above in this certificate. " 11\01' ate of California �P♦H sAOL��I��N���1f��A����Mi 41OL4.-MY OFFICIAL seAL My commission expires May 24, 1989 LISA L.. THORNTON Notary Public-California PrInCIFaI Office In Los Angeles County Comm. Exp. May 24, 1989 ♦HMi���M H��M�rN�M������ POWER-OF-ATTORNEY FOR SUBDIVISION BONDS NATIONAL INDEMNITY COMPANY NGP Na 202539 3024 HARNEY STREET OMAHA,NEBRASKA 68131 KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney Is not valid unless attached to the bond which it authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN, THE AUTHORITY OF THE ATTORNEY-IN-FACT and THE LIABILITY OF THE COMPANY Q SHALL NOT EXCEED ............TWO Million_D011arp. (Q,000,000;00)..,.,.ON ANY.CNE,BOND. USE OF MORE THAN ONE POWER VOIDS THE BOND NATIONAL INDEMNITY COMPANY, a Nebraska corporation, having its principal office in the City of Omaha, state of Nebraska, does hereby make, constitute and appoint James W. Econn, Donald Killian III, Margaret E. O'Brien, Linda a Sciaini, and Barry M. Sullock in the City of LOS ANGELES,County of LOS ANGELES,State of CALIFORNIA,its true and 4 lawful attorney-in-fact,at LOS ANGELES,In the State of CALIFORNIA to make,execute,seal and deliver for and on its behalf, m and as its act end deed,only the following classes of Subdivision Bonds:Subdivision Improvement including Performance and Labor • and Materials; Subdivision Inspection; Subdivision Survey or Monument; Subdivision Tax; Subdivision Warranty; Completion C Common Facilities;Maintenance Assessment,Release of Mechanics Lien;Release of Stop Notice;License or Permit Bonds required JI in connection with the subdivision (or subdivision related); Bonds required by F.H.A. or other similarggovernment agencies; s Conversion tax or fee;Advance Payments required by Federal,State,County,Municipal Authority,or other obligecy,provided that rr the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the seen shown above. THIS POWER VOID IF ALTERED OR ERASED This power Is not valid unless used before December 31, 1988 The acknowledgement and execution of any such document by said Attorney-in-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. This Power of Attorney Is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of NATIONAL INDEMNITY COMPANY at a meeting duly called and held on the 3rd day of January,1986: RESOLVED,that the President,or any Vim President,or Assistant Vice President,of the Company,be,and that each of any of them hereby Is,authorized to execute Powers of Attorney qualif ing the attorney named in the given Power of Attorney to execute {{�� In behalf of NATIONAL INDEMNITY COMPANY bonds,undertakings and all contracts of suretyship;and that any Secretary or any Assistant Secrets%y be,and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED, that the signatures 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 va d and bin mg upon the Company when so affixed and in the future with respect to any bond, undertaking or contract olsuretyship to which it is attached." In Witness Whereof NATIONAL INDEMNITY COMPANY has caused its official seal to be hereunder affixed,and these presents to be signed by its Assistant Vice President and attested by its Assistant Secretary this 6th day of Januay,1986. ATTEST NATIONAL INDEMNITY COMPANY _ a. y/1 Assistant Secretary BY v Assistant Vice President STATE OF CALIFORNIA ll COUNTY OF LOS ANGELES J SS On this 6th day of anuary, 1986,before me,a Notary Public personally appeared Thomas A.Bolt,who being by me duly sworn, acknowledged that �a signed the above Power of Attorney as Assistant Vim President of said NATIONAL INDEMNITY COMPANY and acknowledged said Instrument to be the voluntary act and deed of said corporation. My Commission expires May 20,1988 OFFICIAL SEAL NANCY M FLORES NOTAa/PWLK-CALIFORNIA IaS ANGELES COUNTY CERTIFICATION Notary Public,California Mr"M Lyon MAY M,ISM STATE OF CALIFORNIA COUNTY OF LOS ANGELES I SS I, the undersigned, Assistant Secretary of NATIONAL INDEMNITY INSURANCE COMPANY,a Nebraska Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that the By-Laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney, are now in form. Signed and sealed at Pasadena,California Dated the........... lQt.h . .. ,dayof. . ...Sept _g0er.. ... .. .. , .. ... . . . . .... 19_ $7.. ... " Assistant Secretary a , 1.ONLY ONE POWER-OF-ATTORNEY MAY BE ATTACHED TO A BOND. 2.POWER-OF-ATTORNEY MUST NOT BE RETURNED TO ATTORNEY-IN-FACT,BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS. 3.THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS,OR BONDS FOR CRIMINAL APPEARANCE. 4.THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES OR ANY BONDS. OTHER THAN THOSE ENUMERATED ABOVE. NI 1181P WNJ Bond No. NA 100650 Premium $1,229.00 DATE X DIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 5 66499 .1) I'\!! '.LS UBLIC STORM DRAIN IMPROVEMENTS - PHASE I) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Marbella Deyelonmanr Company (hereafter designated as "Principal") , have entered into a Sub- division Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated 19 , and identified as Project Tract 12954 is hereby referred to and made a part hereof; and WauMEAS. said Principal is required, under the terms of the said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, we, the Principal and National Indemnity Companyr as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee") , Ei ht ****$*** * 00 in the sum Of 8 y One Thousand NiAa Hundred Fifteen and No/100rh� Dollars, lawful money of the Uni-ted 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 Bond No. NA 100650 Performance-Page Two addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees , incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modifi- cation of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder . 87 Executed this 10th day Of September 195, at Los Angeles , California. PRINCIP _Marb_el Dev o ent Company C Pres T e airway an pany (N G neral P/ONneAND SEAL) SURETY APPROVED AS TO FORM. National Indemnity Company 4�, � Margar4t E. O'Brien, Attorney in Fact R. Shaw (NOTARIZATION AND SEAL) J it R. hc/o James Econn 6 Co. Attorney 3055 Wilshire Boulevard Los Angeles, California 90010 Page 2 — SUBDIVISION FAITHFUL PERFORMANCE BOND STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th day of September in the year 1987 before me, Alice M. Stump a Notary Public, State of California, duly commissioned and sworn, personally appeared Jon T. Brown personally known to me (or proved to me on the basis of satisfactory evidence) to be the President of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Jon T. Brown, President, The Fairway Land Company - A General Partner IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official . + seal in the Orange County of California on the date set forth above in this certificate. Notary Public, State o California OFFICIAL My commission expires May 17, 1991 ALICE M. STUMP Notary PU011C California ORANGE COUNTY @my Commission Exp.5/11191 ACKALEDGMENT OF ANNEXED INSTRUM& STATE OF CALIFORNIA COUNTY OF Los Angeles On this 10th day of September in the year 1987 before me, Lisa L. Thornton a Notary Public, State of California, duly commisioned and sworn, personally appeared Margaret E. O'Brien personally known to me (or proved to me on the basis of satisfactory evidence) to be the _ Attorney in Fact of the corporation that executed the within instrument, and also known to me to be the porson who executed the within instrument on behalf of the corporation therein named, and acknowledged to me.that such corporation executed the same. National Indemnity Company IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Los Angeles County of California on the date set forth above in this certificate. \ bf Notary Pualdorma 6f 401-1?�1-!NN♦.......... f \ z OFFICIAL VAL 2 LISA L. THORNTON NotaryPuGlic-CalKornia My commission expires May 24, 1989 tY��'' Principal Office In Y4 Los Angeles County o,�, �x , My Comm. Exp. May 24, 1989 ♦��M�-�-��1Hf�N"N��MN 1���f POWER-OF-ATTORNEY • FOR SUBDIVISION BONDS NATIONAL INDEMNITY COMPANY NGP N° 202539 3024 HARNEY STREET OMAHA,NEBRASKA 68131 KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which it 9 authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN, 7. 19 THE AUTHORITY OF THE ATTORNEY-IN-FACT and 19 THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ............TWO Million,Dollars.. IS,2,OgQPWQQ),,,,,.ON ANY ONEPPND....... .. ........ . USE OF MORE THAN ONE POWER VOIDS THE BOND NATIONAL INDEMNITY COMPANY, a Nebraska corporation, having its principal office in the City of Omaha, state of Nebraska, does hereby make, constitute and appoint James W. Econn, Donald Killian III, Margaret E. O'Brien, Linda O SCiaini, and Barry M. Sullock in the City of LOS ANGELES,County of LOS ANGELES,State of CALIFORNIA,its true and ►,� lawful attorney-in-fact,at LOS ANGELES,in the State of CALIFORNIA to make,execute,seal and deliver for and on its behalf, m and as its act and deed,only the following classes of Subdivision Bonds:Subdivision Improvement including Performance and Labor • and Materials; Subdivision Inspection; Subdivision Survey or Monument; Subdivision Tax; Subdivision Warranty; Completion C Common Facilities;Maintenance Assessment;Release of Mechanic's Lien;Release of Stop Notice;License or Permit Bonds required in connection with the subdivision (or subdivision related); Bonds required by F.H.A. or other similargovernment agencies; Conversion tax or fee;Advance Payments required by Federal,State,County,Municipal Authority,or other obligees,provided that the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sum shown J above. i7 THIS POWER VOID IF ALTERED OR ERASED This power Is not valid unless used before December 31, 1988 The acknowledgement and execution of any such document by said Attorney-in-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board o Directors of NATIONAL INDEMNITY COMPANY at a meeting duly called and held on the 3rd day of]anuary,1986: RESOLVED,that the President,or any Vice President,or Assistant Vice President,of the Company,be,and that each of any of them hereby is,authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of NATIONAL INDEMNITY COMPANY bonds,unrtakings and all contracts of suretyship;and that any Secretary or p! any Assistant Secretary be,and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures 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 and in the future with respect to any bond, Q undertaking or contract of suretyship to which it is attached." In Witness Whereof NATIONAL INDEMNITY COMPANY has caused its official seal to be hereunder affixed,and these presents to be signed by its Assistant Vice President and attested by its Assistant Secretary this 6th day of January,1986. ATTEST NATIONAL INDEMNITY COMPANY _ �^ /�Assistant Secretary BY �vf Assistant Vice President STATE OF CALIFORNIA ll COUNTY OF LOS ANGELES J SS On this 8th day of January, 1986,before me,a Notary Public personally appeared Thomas A.Bolt,who being by me duly sworn, acknowledged that he signed the above Power of Attorney as Assistant Vice President of said NATIONAL. INDEMNITY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. My Commission expires May 20,1988 OFFICIAL SEAL NANCY M FLORES NOTAar PUBLIC-CALIFORNIA ((( LOS A"aELE9 COaN" CERTIFICATION Notary Public,California lieM,w . MAY A.1910 STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS 1, the undersigned,Assistant Secretary of NATIONAL INDEMNITY INSURANCE COMPANY, a Nebraska Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not bcen revoked;and furthermore that the By-Laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney, are now in force. Signed and sealed at Pasadena,California Dated the... ..... ...10th.......... ..... .. ..... ...day of.. ...September. .'t.�-,.'tf11-'. ./. ... ... .. .. 19 /`�'1�' ..�,",�.ttr).^L')$,nC/7-.�.... QAssistant Secretary 1.ONLY ONE POWER-OF-ATTORNEY MAY BE ATTACHED TO A BOND. 2.POWER-OF-ATTORNEY MUST NOT BE RETURNED TO ATTORNEY-IN-FACT,BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS. 3.THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS,OR BONDS FOR CRIMINAL APPEARANCE. 4.THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES OR ANY BONDS. OTHER THAN THOSE ENUMERATED ABOVE. NI IIa1etllBel RELEASED • • Bond No. NA 100650 DATEPremium Included INITIALS OR AND MATERIAL BOND (PUBLIC STORM DRAIN IMPROVEMENTS - PHASE I) KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to Marbella Development Company . License No. , hereinafter designated as "Principal", a contract for Tract 12954 : and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we Marbella Development Company Principal, and -National Indemnity Company , as surety, are held firmly bound unto- the City of San Juan Capistrano, a municipal corporation, in the penal sum of Eirthty One Thousand Nine Hundred Fifteen and No/100ths***'DOLLARS ($81.915.00), lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub-contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 5, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the 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 obligation on 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. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. • • Bond No. NA 100650 Labor & Material - Page Two 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 10th day of Senr cmhur 19 87 . 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. Marbella Development Cmmnany PRINCI B ent, a Fairwa and Company A Gene Partner Nati ndemnity Company SURETY BY argar E. O'Brien. Attorney in Fact APPROVED AS TO FORM c/o James Econn & Co. 3055 Wilshire Boulevard Los Angeles, California 90010 J�MNJR. SHAW, CITY ATTORNEY STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th day of September in the year 1987 before me, Alice M. Stump a Notary Public, State of California, duly commissioned and sworn, personally appeared Jon T. Brown personally known to me (or proved to me on the basis of satisfactory evidence) to be the President of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Jon T. Brown, President, The Fairway Land Company - A General Partner IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Orange County of California on the date set forth above in this certificate. Notary Public, State of C lifornia OFfIC1Al SEAL My commission expires May 17, 1991 ALICE M.STUMP Notary VUDIie CAlilomia Of1AN6E(AUNTY My Commission Ezp.5/17/97 ' ACKNOLEDGMENT OF ANNEXED INSTRUL* STATE OF CALIFORNIA l COUNTY OF Los Angeles On this 10th day of September in the year 1987 before me, Lisa L. Thornton a Notary Public, Slate of California, duly commisloned and sworn• personally appeared Margaret E. O'Brien personally known to me (or proved to me on the basis of satisfactory evidence) to be the _ Attorney in Fact of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me.that such corporation executed the same. National Indemnity Company IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal In the Los Angeles County of California on the date set forth above in this certificate. Notary P blit, late of California OFFICIAL SEAL a LISA L. THORNTON A NotaryPublic-California My commission expires May 24, 1989 Principal Office In Los Angeles County pyjjQ C�,,,,a�•�'f o My Comm Exp. May 24, 1989 "'Y.0 . POWER-OF-ATTORNEY FOR SUBDIVISION BONDS NATIONAL INDEMNITY COMPANY NGP N4 202539 3024 HARNEY STREET OMAHA,NEBRASKA 68131 KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which It authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN, THE AUTHORITY OF THE ATTORNEY-IN-FACT and THE LIABILITY OF THE COMPANY p SHALL NOT EXCEED ............TWO Mi...........Dollars, IS2,000,000;00),, ..ON.ANY ONE,QOND... ... .., iSg USE OF MORE THAN ONE POWER VOIDS THE BOND NATIONAL INDEMNITY COMPANY, a Nebraska corporation, having its principal office in the City of Omaha, state of Nebraska, does hereby make, constitute and appoint James W. Econn, Donald Killian III, Margaret E. O'Brien, Linda 0 SCiaini, and Barry M. Sullock In the City of LOS ANGELES,County of LOS ANGELES,State of CALIFORNIA,its true and lawful attorney-In-fact,at LOS ANGELES,in the State of CALIFORNIA to make,execute,seal and deliver for and on its behalf, m and as its act and deed,only the following classes of Subdivision Bonds:Subdivision Improvement including Performance and Labor b and Materials; Subdivision Inspection; Subdivision Survey or Monument; Subdivision Tax; Subdivision Warranty; Completion C Common Facilities;Maintenance Assessment;Release of Mechanic's Lien;Release of Stop Notice;License or Permit Bonds required in connection with the subdivision (or subdivision related); Bonds required by F.H.A. or other similar ggovernment agencies; Conversion tax or fee;Advance Payments required by Federal,State,County,Municipal Authority,or other obligers,provided that �. the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sura shown J above. 33 THIS POWER VOID IF ALTERED OR ERASED This power is not valid unless used before December 31, 1988 The acknowledgement and execution of any such document by said Attorney-in-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. This Power of Attorney Is granted and Is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board o Directors of NATIONAL INDEMNITY COMPANY at a meeting duly called and held on the 3rd day of January,1986: RESOLVED,that the President,or any Vice President,or Assistant Vice President,of the Company,be,and that each of any of them hereby is,authorized to execute Powers of Attorney qualifying the attorne named in the given Power of Attorney to execute in behalf of NATIONAL INDEMNITY COMPANY bonds,undertakings and all contracts of suretyship;and that any Secretary or any Assistant Secretary be,and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures 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 bin mg upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof NATIONAL INDEMNITY COMPANY has caused its official seal to be hereunder affixed,and these presents to be signed by its Assistant Vire President and attested by its Assistant Secretary this 6th day of January,1986. ATTEST NATIONAL INDEMNITY COMPANY _ r1 Assistant Secretary BY p v Anistant Vlce President STATE OF CALIFORNIA l COUNTY OF LOS ANGELES}SS On this 6th day of January,1986,before me,a Notary Public personally appeared Thomas A.Bolt,who being by me duly sworn, acknowledged that he signed the above Power of Attorney as Assistant Vice President of said NATIONAL INDEMNITY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. - My Commission expires May 20,1988 OPPICIAL SEAL NANCY M FLORES NOrr PeOLK•CALIFORNIA LOS AN4ttts cauatt Notary Public,California my.b....nl,.r ser to. Isla CERTIFICATION STATE OF CALIFORNIA COUNTY OF LOS ANGELES 3 SS 1, the undersigned, Assistant Secretary of NATIONAL INDEMNITY INSURANCE COMPANY,a Nebraska Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that the Ry-Laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney, are now in force. Signed and sealed at Pasadena,California Dated the........... With............. ... . .. _day of. . . ..Septerqber..t_.,.. ..L—.,I... . ./.. .../`^�.,'.. .. .���19��1l�($7 .... �/8 .. QAssistant Secretary 1.ONLY ONE POWER-OF-ATTORNEY MAY BE ATTACHED TO A BOND. 2.POWER-OF-ATTORNEY MUST NOT BE RETURNED TO ATTORNEY-IN-FACT,BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS. 3.THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS,OR BONDS FOR CRIMINAL APPEARANCE. 4.THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES OR ANY BONDS, OTHER THAN THOSE ENUMERATED ABOVE. NI 110 IP p180l RELEASED . Bond No. NA 100651 DATE° ' " ar Premium Included 6 06 INITIALS Crirrl2 o sH'/D, OX- LABOR AND MATERIAL BOND OX5.146VI (PUBLIC SEWER IMPROVEMENTS — PHASE I) �,/ KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to Ma rhella navel oyrent Comnanv License No. , hereinafter designated as "Principal", a contract for Tract 12954 ; and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we Marbella Development Company Principal, and National Indemnity Comoanv , as surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporat�eqn, in the penal sum of One Hundred Sixty Thousand Three Hundred Ninety Five and TARS ($160,395.00, lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub-contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 5, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the 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 obligation on 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. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. r " • BolWo. NA 100651 La & Material - Page Two 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 10th day of seutember , 19 87 . 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. Marbella Development Company PRINC BY �Kenee The Fairway Land Company Partner Natiity Company SURETY By /Llai G� Margaret,/t. O'Brien, Attorney in Fact APPROVED AS TO FORM c/o James Econn & Co. 3055 Wilshire Boulevard Los Angeles, California 90010 R. SHAW, CITY ATTORNEY Y STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th day of September in the year 1987 before me, Alice M. Stump a Notary Public, State of California, duly commissioned and sworn, personally appeared Jon T. Brown personally known to me (or proved to me on the basis of satisfactory evidence) to be the President of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Jon T. Brown, President, The Fairway Land Company — A- General Partner IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Orange County of California on the date set forth above in this certificate. Notary Public, State of California OFFICIAL SEAL ALICE M.STUMP WWII Public Calibrnia ORANGE COUNTY My Commission ExD5117191 My commission expires May 17, 1991 , Y r ACMOWLEDGMENT OF ANNEXED INSTANT STATE OF CALIFORNIA l COUNTY OF Los Angeles On this 10th day of September in the year 1987 before me, Lisa L. Thornton a Notary Public. State of California, duly commisloned and sworn, personally appeared Margaret E. O'Brien personally known to me (or proved to me on the basis of satisfactory evidence) to be the Attorney in Fact of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me.that such corporation executed the same. National Indemnity Company IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal In the Los Angeles County of California on the date set forth above in this certificate. v"� Notary P blit, State of California rias-»*-see�e-�He-e�����w�.�����H• � S ^w aT OFFICIAL SEAL I/i•va" ' LISA L. THORNTONMay 24, 1989 � ',• Notary Public California My commission expires Principal Office In y \ h Los Angeles County 1 �,y. ;,• My Comm Exp. May 24, 1989 r"TL^D , � f • POWER-OF-ATTORNEY FOR SUBDIVISION BONDS NATIONAL INDEMNITY COMPANY NGP N? 202540 3024 HARNEY STREET OMAHA,NEBRASKA 68131 KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which It 99 authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN, 1 THE AUTHORITY OF THE ATTORNEY-IN-FACT and THE LIABILITY OF THE COMPANYy SHALL NOT EXCEED ............TWO Million Dollars ($2,QW000,00).,,.,,ON A.NY ONE,BOND. Xig USE OF MORE THAN ONE POWER VOIDS THE BOND NATIONAL INDEMNITY COMPANY, a Nebraska corporation, having its principal office in the City of Omaha, state of Nebraska, does hereby make, constitute and appoint James W. Econn, Donald Killian III, Margaret E. O'Brien, Linda O Sciaini, and Barry M. Sullock in the City of LOS ANGELES,County of LOS ANGELES,State of CALIFORNIA its true and lawful attorney-in-fact,at LOS ANGELES,in the State of CALIFORNIA to make,execute,seal and deliver for and on its behalf, m and as its act and deed,only the following classes of Subdivision Bunds:Subdivision Improvement including Performance and Labor • and Materials; Subdivision Inspection; Subdivision Survey or Monument; Subdivision Tax; Subdivision Warranty; Completion C Common Facilities;Maintenance Assessment;Release of Mechanic's Lien;Release of Stop Notice;License or Permit Bonds required �f in connection with the subdivision (or subdivision related); Bunds required by F.H.A. or other similar ggovernment agencies; a Conversion tax or Fee;Advance Payments required by Federal,State,County,Municipal Authority,or other oblige,provided that g• the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sum shown above. THIS POWER VOID IF ALTERED OR ERASED This power is not valid unless used before December 31, 1988 The acknowledgement and execution of any such document by said Attorney-in-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. Q This Power of Attorney is granted and is signed and sealed by facsimile under and by the authorfty of the following Resolution adopted by the Board o Directors of NATIONAL INDEMNITY COMPANY at a meeting duly ca ed and held on the 3rd day of January,1986: RESOLVED,that the President,or any Vice President,or Assistant Vice President,of the Company,be,and that each of any of them hereby is,authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of NATIONAL INDEMNITY COMPANY bonds,undertakings and all contracts of suretyship;and that any Secretary or any Assistant Secretary be,and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto b,facsimile, and any such Power of Attorney or certificate hearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof NATIONAL INDEMNITY COMPANY has caused its official seal to be hereunder affixed,and these presents to be signed by its Assistant Vice President and attested by its Assistant Secretary this 6th day of January, 1986. ATTEST NATIONAL INDEMNITY COMPANY _ - - U As, Secretary BY Asistau[Vice President C STATE OF CALIFORNIA ll COUNTY OF LOS ANGELES I SS On this 6th day of January, 1986,before me,a Notary Public personally appeared Thomas A.Bolt,who being by me duly sworn, acknowledged that he signed the above Power of Attorney as Assistant Vice President of said NATIONAL INDEMNITY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. My Commission expires May 20,1988 OFFICIAL SEAL NANCY M FLORES NOTARY MLIC-CALVORNIA Iaf MQUES COUNTY CERTIFICATION Notary Public,California ar maa..0"MAY as 191r STATE OF CALIFORNIA COUNTY OF LOS ANGELES J SS I, the undersigned, Assistant Secretary of NATIONAL INDEMNITY INSURANCE COMPANY,a Nebraska Corporation, DO -HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that the By-Laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney, are now in force. Signed and sealed at Pasadena,California Dated the.......... ....1..th........._ .. . . . .. ... .day of. .. S ep t emb e r . .. 19. .87. .... .. ... . . . .... .. .. ... . 6.. 0 , Assistant Secretary 1.ONLY ONE POWER-OF-ATTORNEY MAY BE ATTACHED TO A BOND. 2.POWER-OF-ATTORNEY MUST NOT BE RETURNED TO ATTORNEY-IN-FACT,BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS. 3.THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS,OR BONDS FOR CRIMINAL APPEARANCE. 4.THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOA LOAN GUARANTEES OR ANY BONDS. OTHER THAN THOSE ENUMERATED ABOVE. NI I IAIP Olsat " r and No. NA 100651 F ELEASED �remium $2,406.00 DATE a/a4I9I SUBDIVISION FAITHFUL PERFORMANCE BOND �Q1" 06 INITIALS (GOVERNMENT CODE S 66499 .1) /-Lid- INITIALS U/���.L (PUBLIC SEWER IMPROVEMENTS - PHASE I)_J �<V161- 4 /o• e WaEREAS , the City Council of the City of San Juan Capistrano, State of California, and Marbella Development Company (hereafter designated as "Principal") , have entered into a Sub- division Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated , 19 , and identified as Project Tract 12954 is hereby referred to and made a part hereof; and WHEREAS, said Principal is required, under the terms of the said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, we, the Principal and National Indemnity Company _ , as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee") , ($160395.00) in the sum of One Hundred Sixty Thou&md Three Hundred Ninety Five ,and No)100ths Dollars, lawful money of the Unsted 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 Page 2 - SUBDIVISION FAITHFUL PERFORMANCE BOND STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th day of September in the year 1987 before me, Alice M. Stump , a Notary Public, State of California, duly commissioned and sworn, personally appeared Jon T. Brown personally known to me (or proved to me on the basis of satisfactory evidence) to be the President of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Jon T. Brown, President, The Fairway Land Company - A General Partner IN WITNESS WHEREOF, I have hereunto set my hand and affiXed my official seal in the Orange County of California on the date set forth above in this certificate. 'wt OFFICIAL SEAL Notary Public, State of C ifornia ALICE M.STUMP Nahry PoMic Calilarnin ORANGE COUNTY owy Commission Exp.5/17/91 My commission expires May 17, 1991 AC&LEDGMENT OF ANNEXED INSTRUOT STATE OF CALIFORNIA l COUNTY OF Los Angeles On this IOth day of September in the year 1987 before me, Lisa L. Thornton a Notary Public, Stale of California, duly comm s oned and sworn, personally appeared Margaret E. O'Brien personally known to me (or proved to me on the basis of satisfactory evidence) to be the _ Attorney in Fact of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me.that such corporation executed the same. National Indemnity Company IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Los Angeles County of California on the date set forth above in this certificate. N ary Publi , St Idorma R-!.-h.a�..-0.AA�aJNN1 aaaaa�a aa�aN ` OMCWSEAt My commission expires May 24, 1989 LISA L. THORNTON g NL4ery Public-Caafomia 0 pruui,gal LYfitt In LM My Comm,A, County P- may 24, I989 •-aw acoaa-a�-a n'Sna • POWER-OF-ATTORNEY • FOR SUBDIVISION BONDS NATIONAL INDEMNITY COMPANY NGP N° 202540 3024 HARNEY STREET OMAHA,NEBRASKA 68131 KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which it 9 authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN, THE AUTHORITY OF THE ATTORNEY-IN-FACT and y THE LIABILITY OF THE COMPANY Q2 TWo Million Dollars (52,000,0.00,00 SHALL NOT EXCEED ......... Killion ... .)......Ory ANY ONE,BOND. USE OF MORE THAN ONE POWER VOIDS THE BOND NATIONAL INDEMNITY COMPANY, a Nebraska corporation, having its principal office in the City of Omaha, state of Nebraska, does hereby make, constitute and appoint James W. Econn, Donald Killian III, Margaret E. O'Brien, Linda 0 Sciaini, and Barry M. Sullock in the City of LOS ANGELES,County of LOS ANGELES,State of CALIFORNIA,its true and lawful attorney-in-fact,at LOS ANGELES,in the State of CALIFORNIA to make,execute,seal and deliver for and on its behalf, m and as its act and de ed,only the following classes of Subdivision Bonds:Subdivision Improvement including Performance and Labor O and Materials; Subdivision Inspection; Subdivision Survey or Monument; Subdivision Tax; Subdivision Warranty; Completion C Common Facilities;Maintenance Assessment;Release of Mechanic's Lien;Release of Stop Notice;License or Permit Bonds required r in connection with the subdivision (or subdivision related); Bonds required by F.H.A. or other similar ggovernment agencies; 3 Conversion tax or fee;Advance Payments required by Federal,State,County,Municipal Authority,ur ,other obligeex,provided that T the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sum shown above, i3 THIS POWER VOID IF ALTERED OR ERASED This power Is not valid unless used before December 31, 1988 The acknowledgement and execution of any such document by said Attorney-in-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of NATIONAL INDEMNITY COMPANY at a meeting duly c3a led and held on the 3rd day of January,1986: RESOLVED,that the President,or any Vice President,or Assistant Vice President,of the Company,be,and that each of any of them herebyIs,authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of ATIONAL INDEMNITY COMPANY bonds,undertakings and all contracts of suretyship;and that any Secretary or any Assistant Secretary be,and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto byp facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and bi i ing upon the Company when so affixed and in the future with respect to any bond, undertakingor contract of suretyship to which it is attached." In Witness Whereof NATIONAL INDEMNITY COMPANY has caused its official seal to be hereunder affixed,and these presents to be signed by its Assistant Vice President and attested by its Assistant Secretary this 6th day of January, 1986. ATTEST /N/AATTIIONAL.INDEMNITY COMPANY S _ Assistant Secretary BY v Assistant Vice President STATE OF CALIFORNIA i COUNTY OF LOS ANGELES 7 SS On this 6th day of January, 1986,before me,a Notary Public personally appeared Thomas A.Bolt,who being by me duly sworn, acknowledged that he signed the above Power of Attorney as Assistant Vice President of said NATIO AL INDEMNITY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. My Commission expires May 20,1988 OFFICIAL SEAL NANCYM FLORES '/.�h�� aorAen Iroauo-cAuroawA l �""aLLESC01Ntt CERTIFICATION Notary Public,California ar a M.wiru No m, 19q STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS 1,the undersigned,Assistant Secretary of NATIONAL INDEMNITY INSURANCE COMPANY, a Nebraska Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that the By-Laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney, are now in force. Signed and sealed at Pasadena,California 10th Se tember ly 87 Dated the....................... .......... .. . .. ... .day af. _ .. p. .. .. .. .. . .. .. ... ....... .. . .... a , 4ko, Assistant Secretary 1.ONLY ONE POWER-OF-ATTORNEY MAY BE ATTACHED TO A BOND. 2.POWER-OF-ATTORNEY MUST NOT BE RETURNED TO ATTORNEY-IN-FACT,BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS. 3.THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS,OR BONDS FOR CRIMINAL APPEARANCE. 4.THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES OR ANY BONDS. OTHER THAN THOSE ENUMERATED ABOVE. NI I[sip 111861 �� J�Y and No. NA 100651 4PPremium $2,406.00 nATE SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE S 66499 .1) r St.[.S (PUBLIC SEWER IMPROVEMENTS - PHASE I) WHEREAS , the City Council of the City of San Juan Capistrano , State of California, and Marbella Development Company (hereafter designated as "Principal") , have entered into a Sub- division Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated , 19 , and identified as Project Tract 12954 , is hereby referred to and made a part hereof; and WBEREAS , said Principal is required, under the terms of the said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, we, the Principal and National Indemnity Company _", as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee") , 00 in the sum of One Hundred Sixty Thouaend Three Hundred Ninetv (Fiye 'and .No)100ths Dollars, lawful money of the Un*ted 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 •� Bond No. NA 100651 Performance - Page Two addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney' s fees , incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modifi- cation of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder . 87 Executed this 10th day of sentemher 198f , at Los Angeles California. PRINC Narbqlta Deve pent Company P ent, T e Fairway Land Company Genera artnex (N TART ON AND SEAL) SURETY APPROVED AS TO FORM. National Indemnity Comoany ,, B : - � Margare E. O'Brien, Attorney in Fact J R. Shaw (NOTARIZATION AND SEAL) it Attorney c/o James Econn & Co. 3055 Wilshire Boulevard Los Angeles, California 90010 Pave 2 — SUBDIVISION FAITHFUL PERFORMANCE BOND STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th day of September in the year 1987 before me, Alice M. Stump a Notary Public, State of California, duly commissioned and sworn, personally appeared Jon T. Brown personally known to me (or proved to me on the basis of satisfactory evidence) to be the President of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Jon T. Brown, President, The Fairway Land Company — A General Partner IN WITNESS WHEREOF, I have hereunto set my hand and affiXed my official seal in the Orange County of California on the date set forth above in this certificate. 4 Notary Public, State f California mA ] LMPilomieTYMy .5It7191 My commission expires May 17, 1991 ACIOWLEDGMENT OF ANNEXED INSTFILSNT STATE OF CALIFORNIA l COUNTY OF Los Angeles On this 10th day of September in the year 1987 before me, Lisa L. Thornton a Notary Public, State of California, duly commisioned and sworn, personally appeared Margaret E. O'Brien personally known to me (or proved to me on the basis of satisfactory evidence) to be the Attorney in Fact of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me.that such corporation executed the same. National Indemnity Company IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Los Angeles County of California on the date set forth above in this Certificate. (4(Notary b ate of California }dM-t' "'LgC09M MNtl��ltl��tlftl��Ntl My commission expires May 24, 1989 OFFICIAL SEAL $ / l `'� LISA L. THORNTON 1 !lin r NotaryPublic-CaliforniaiDat ficin Nrincipal Office In + / Los Angeles Cwnty Y u. . My Comm. Exp. May 24, 1989 L.re owtl.e-tltlye4tl+tlatl-- -- --------- • POWER-OF-ATTORNEY • FOR SUBDIVISION BONDS NATIONAL INDEMNITY COMPANY NGP Na 202540 3024 HARNEY STREET OMAHA,NEBRASKA 68131 KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which it 9 i authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN, T THE AUTHORITY OF THE ATTORNEY-IN-FACT and THE LIABILITY OFTHE COMPANY Q SHALL NOT EXCEED ............TWO Million.Dollars..�S2,000,OOO,OO�,,,,,.ON ANY ONE BOND ............ USE OF MORE THAN ONE POWER VOIDS THE BOND p f NATIONAL INDEMNITY COMPANY, a Nebraska corporation, having its principal office in the City of Omaha, state of g Nebraska, does hereby make, constitute and appoint James W. Econn, Donald Killian III, Margaret E. O'Brien, Linda C Sciaini, and Barry M. Sullock in the City of LOS ANGELES,County of LOS ANGELES,State of CALIFORNIA,its true and 4 lawful attorney-in-fact,at LOS ANGELES,in the State of CALIFORNIA to make,execute,seal and deliver for and on its behalf, m and as its act and deed,only the following classes of Subdivision Bonds:Subdivision Improvement including Performance and Labor • and Materials; Subdivision Inspection; Subdivision Survey or Monument; Subdivision Tax; Subdivision Warranty; Completion C Common Facilities;Maintenance Assessment;Release of Mechanic's Lien;Release of Stop Notice;License or Permit Bonds required in Connection with the subdivision (or subdivision related); Bonds required by F.H.A. or other similar government agencies; Conversion tax or fee;Advance Payments required by Federal,State,County,Municipal Authority,or other obligees,provided that the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sum shown above. THIS POWER VOID IF ALTERED OR ERASED This power Is not valid unless used before December 31, 1988 The acknowledgement and execution of any such document by said Attorney-in-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. �. This Power of Attorneyis granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board ofDirectorsof NATIONAL INDEMNITY COMPANY at a meeting duly called and held on the 3rd day of January,1986: RESOLVED,that the President,or any Vice President,or Assistant Vice President,of the Company,be,and that each of any of them hereby is,authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of NATIONAL INDEMNITY COMPANY,bonds,undertakings and all contracts of suretyship;and that any Secretary or any Assistant Secretary be,and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures of such officers and the seal of the Company may he 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 tLe Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof NATIONAL INDEMNITY COMPANY has caused its official seal to be hereunder affixed,and these presents to be signed by its Assistant Vim President and attested by its Assistant Secretary this 6th day of January,1986. ATTEST NATIONAL INDEMNITY COMPANY a Assistant Secretary BY o v Assistant Vice President STATE OF CALIFORNIA tt COUNTY OF LOS ANGELES I SS On this 6th day of TTanuary, 1986,before me,a Notary Public personally appeared Thomas A.Bolt,who being by me duly sworn, acknowledged that he signed the above Power of Attorney as Assistant Vice President of said NATIONAL INDEMNITY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. My Commission expires May 20,1988 OFFICIAL SEAL NANCY M FLORES NOTAR'I PUB4C-CALIFORNIA My LOS.ANGELES M°AY 7A 19M CERTIFICATION Notary Public,California STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS I,the undersigned,Assistant Secretary of NATIONAL INDEMNITY INSURANCE COMPANY, a Nebraska Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that the By-Laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney, are now in force. Signed and sealed at Pasadena,California Dated the.. 10 th..... .. ..._. _ ... . . ..day of. .. September . . ..,19..87..... tQ , fnC)nC� Assistant Secretary 1.ONLY ONE POWER-OF-ATTORNEY MAY BE ATTACHED TO A BOND. 2.POWER-OF-ATTORNEY MUST NOT BE RETURNED TO ATTORNEY-IN-FACT,BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS. 3.THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS,OR BONDS FOR CRIMINAL APPEARANCE. 4.THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES OR ANY BONDS. OTHER THAN THOSE ENUMERATED ABOVE. NI 1181P(II86) • Bond No. NA 100651 RELEASE® Premium Included DATE // yv) LABOR AND MATERIAL BOND INITIALS DATE---- SEWER IMPROVEMENTS - PHASE I) KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to Ma rhalla nayelo�ent company License No. , hereinafter designated as "Principal", a contract for Tract 12954 : and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we Marbella Development Company Principal, and p , National Indemnity Comoanv , as surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporaNNtignn,. in the Penal sum of Qne Hundred Sixty Thousand Three Hundred Ninety Five and 1ARS ($160,395.00, lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub-contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division S, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the 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 obligation on 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. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. • Bo aWo. NA 100651 La 6 Material - Page Two 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 loth day of September , 19 87 . 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. Marbella Development Company PRIN ` ident, The Fairway Land Company A Gene 1 Partner Nat onal I emnity Company SURETY ay � h Margaret O'Brien, Attorney in Fact APPROVED AS TO FORM c/o James Econn 5 Co. 3055 Wilshire Boulevard — Los Angeles, California 90010 .n,L e ItAl'i JORN(R. SHAW, =Y ATTORNEY STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th day of September in the year 1987 before me, Alice M. Stump a Notary Public, State of California, duly commissioned and sworn, personally appeared Jon T. Brown personally known to me (or proved to me on the basis of satisfactory evidence) to be the President of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Jon T. Brown, President, The Fairway Land Company - A General Partner IN WITNESS WHEREOF, I have hereunto set my hand and affiiced my official seal in the Orange County of California on the date set forth above in this certificate. Notary Public, State of lifornia ALMPilorniarrMy commission expires May 17, 1991 Am] .5/17/91 ACOWLEDGMENT OF ANNEXED INSTAL STATE OF CALIFORNIA COUNTY OF Los Angeles )} a& On this 10th day of September in the year 1987 before me, Lisa L. Thornton a Notary Public, State of California, duly commisioned and sworn, personally appeared Margaret E. O'Brien personally known to me (or proved to me on the basis of satisfactory evidence) to be the Attorney in Fact of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me.that such corporation executed the same. National Indemnity Company IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Los Angeles County of California on the date set forth above in this certificate. - otary Publi , State California OFFICIAL SEAL LISA L. THORNTON My commission expires May 24, 1989 Notary Public California PrinCical Office In ♦ Los Angeles County + , ,^^ My Comm. Exp. May 24, 1989 • POWER-OF-ATTORNEY • FOR SUBDIVISION BONDS NATIONAL INDEMNITY COMPANY NGP Na 202540 3024 HARNEY STREET OMAHA,NEBRASKA 68131 KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which It authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN, THE AUTHORITY OF THE ATTORNEY-IN-FACT and THE LIABILITY OF THE COMPANY Q SHALL NOT EXCEED ............TWO b{111110n,D0113fS.. ($2,OO�,U ,��......QNANYONEBQt4p....... USE OF MORE THAN ONE POWER VOIDS THE BOND ■�F eys NATIONAL INDEMNITY COMPANY, a Nebraska corporation, having its principal office in the City of Omaha, state of Y. p Nebraska, does hereby make, constitute and appoint James W. Econn, Donald Killian III, Margaret E. O'Brien, Linda I� 0 SDlalni, and l3arry M. Sullock In the City of LOS ANGELES,County of LOS ANGELES,State of CALIFORNIA,its true and iP3 d' lawful attorney-in-Fact,at LOS ANGELES,in the State of CALIFORNIA to make,execute,seal and deliver for and on its behalf, m and as its act and deed,only the following classes of Subdivision Bonds:Subdivision Improvement including Performance and Labor • and Materials; Subdivision Inspection; Subdivision Survey or Monument; Subdivision Tax; Subdivision Warranty; Completion C Common Facilities;Maintenance Assessment;Release of Mechanic's Lien;Release of Stop Notice;License or Permit Bonds required : x in connection with the subdivision (or subdivision related); Bunds required by F.H.A. or other similar government agencies; s Conversion tax or fee;Advance Payments required by Federal,State,County,Municipal Authority,lir other obligees,provided that 9• the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sum shown above. THIS POWER VOID IF ALTERED OR ERASED This power is not valid unless used before December 31, 1988 The acknowledgement and execution of any such document by said Attorney-in-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. This Power of Attorney Is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of NATIONAL INDEMNITY COMPANY at a meeting duly called and held on the 3rd day of January,1986: RESOLVED,that the President,or any Vice President,or Assistant Vice President,of the Company,be,and that each of any of them hereby is,authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute p in behalf of NATIONAL INDEMNITY COMPANY bonds,undertakings and all contracts of suretyship;and that any Secretary or any Assistant Secretary be,and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED, that the signatures 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 end binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof NATIONAL INDEMNITY COMPANY has caused its official seal to be hereunder affixed,and these presents to be signed by its Assistant Vice President and attested by its Assistant Secretary this 6th day of January, 1986. ATTEST NATIONnL INDEMNITY COMPANY _ (�/��Assistant SecretaryBY V r' Assistant Vice President C STATE OF CALIFORNIA ii COUNTY OF LOS ANGELES f SS On this 6th day of January,1986,before me,a Notary Public personally appeared Thom"A.Bolt,who being by me duly sworn, acknowledged that a signed the above Power of Attorney m Assistant Vice President of said NATIO AL INDEMNITY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. My Commissign expires May 20,1988 ---- -- - -- - - -- - OFFICIAL SEAL NANCY M 110111 NDT11M OUlLIC•CALIFORNIA IDSANtaCERTIFICATION Notary Public,California mwhu ac aa.Willi MAYV2 l0.tap STATE OF CALIFORNIA COUNTY OF LOS ANGELES J SS 1, the undersigned, Assistant Secretary of NATIONAL INDEMNITY INSURANCE COMPANY, a Nebraska Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that the By-Laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney, are now in force. Signed and sealed at Pasadena,California Dated the..............10th.............. . .. . . . ..day of. . .September . .. 19..87.. Q Assistant Secretary 1.ONLY ONF POWER-OF-ATTORNEY MAY BE ATTACHED TO A BOND. 2.POWER-OF-ATTORNEY MUST NOT BE RETURNED TO ATTORNEY-IN-FACT,BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS. 3.THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAIN CLAIMS,OR BONDS FOR CRIMINAL APPEARANCE. 4.THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES OR ANY BONDS. OTHER THAN THOSE ENUMERATED ABOVE. NI 11811`0188) �d No. NA 100658 RELEASED SATE Premium Included / . a a N 1 �_�___ A�dzCez,et., INITIALS LABOR AND MATERIAL BOND (PUBLIC SEWER IMPROVEMENTS - PHASE III) A91 loe.r7U d/WS KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to Marbella Development Company , License No. , hereinafter designated as "Principal", a contract for Tract 12954 ; and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we Marbella Development Company Principal, and I National Indemnity Company , as surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporatiokn00ths penal sum ofOne Hundred Seventy Nine Thousand Eight Hundred Seventy FiAD ($179,875.00, lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub-contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 5, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the 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 obligation on 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. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Bond No. NA 100658 Wabor & Material - Page Two 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 loth day of September , 19 87 . 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. Marbella Development Com an PRIN L B ent, e Fairway Land Company Gene Partner Nation ndemnity Company SURETY By Margare E. O'Brien, Attorney in Fact c/o Ja es Econn & Co. APPROVED AS TO FORM 3055 Wilshire Boulevard Los Angeles, California 90010 J R. SHAW, ATTORNEY STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th day of September in the year 1987 before me, Alice M. Stump a Notary Public, State of California, duly commissioned and sworn, personally appeared Jon T. Brown personally known to me (or proved to me on the basis of satisfactory evidence) to be the President of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Jon T. Brown, President, The Fairway Land Company — A General Partner IN WITNESS WHEREOF, I have hereunto set my hand and affi$6d my official seal in the Orange County of California on the date set forth above in this certificate. Notary Public, State of C lifornia OFFICIAL SEAL ALICE M.STUMP Noury Puboc Calibmia ORANGE COUNTY @My Commission Exp.5117/91 My commission expires May 17, 1991 ti A&WLEDGMENT OF ANNEXED INSTF&NT STATE OF CALIFORNIA l couNTv of Los Angeles On this 10th day of September in the year 1987 before me, Lisa L. Thornton a Notary Public, State of California, duly commisioned and sworn, personally appeared Margaret E. O'Brien personally known to me (or proved to me on the basis of satisfactory evidence) to be the Attorney in Fact of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me.that such corporation executed the same. National Indemnity Company IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Los Angeles County of California on the date set forth above in this certificate. \ Notary Publi , Suu o1 California .►H����•aMN������M1.�a It �, R OFFICIAL SEAL May 24, 1989 LISA L. THORNTON My commission expires Notary PubtloCalxart" LP�ipa ow"in nSeAts Coo* �E�stsM My Conw..Ew wr 24,IM POWER-OF-ATTORNEY * FOR SUBDIVISION BONDS NATIONAL INDEMNITY COMPANY NGP N9 202547 3024 HARNEY STREET OMAHA,NEBRASKA 68131 KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which it authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN, THE AUTHORITY OF THE ATTORNEY-IN-FACT and 19 THE LIABILITY OF THE COMPANY g9q SHALL NOT EXCEED ............TWO Million.Dollars„ .1.S2,000,000,00�... „ON ANY,QNE.BOND..... .. ..... .... Q ; USE OF MORE THAN ONE POWER VOIDS THE BOND f NATIONAL INDEMNITY COMPANY, a Nebraska corporation, having its principal office in the City of Omaha, state of Nebraska, does hereby make, constitute and appoint James W. Econn, Donald Killian III, Margaret E. O'Brien, Linda Sciaini, and Barry M. Sullock in the City of LOS ANGELES,County of LOS ANGELES,State of CALIFORNIA,its true and 4 lawful attorney-in-Fact,at LOS ANGELES,in the State of CALIFORNIA to make,execute,seal and deliver for and on its behalf, m and as its act and deed,only the following classes of Subdivision Ronds:Subdivision Improvement including Performance and labor • and Materials; Subdivision Inspection; Subdivision Survey or Monument Subdivision Tax; Subdivision Warranty; Completion C Common Facilities;Maintenance Assessmenq Release of Mechanic's Lien;Release of Stop Notice;License or Permit Bonds required in connection with the subdivision (or subdivision related); Bonds required by F.H.A. or other similar government agencies; Conversion tax or fee;Advance Payments required by Federal,State,County,Municipal Authority,or other obligeesprovided that i the liability of the company as surety on any such bond executed under this authority shall not in any event exceed lse sum shown above. THIS POWER VOID IF ALTERED OR ERASED This power Is not valid unless used before December 31, 1988 The acknowledgement and execution of any such document by said Attorney-in-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. This Power of Attorneyis granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board ofDirectorsof NATIONAL INDEMNITY COMPANY at a meeting duly called and held on the 3rd day of January,1986: RESOLVED,that the President,or any Vice President,or Assistant Vice President,of the Company,be,and that each of any of them hereby Ls,authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorne)'to execute in behalf MINATIONAL INDEMNITY COMPANY,bonds,undertakings and all contracts of suretyship;and that any Secretary or any Assistant Secretary be,and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures 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 tLe Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof NATIONAL INDEMNITY COMPANY has caused its official seal to be hereunder affixed,and these presents to be signed by its Assistant Vice President and attested by its Assistant Secretary this 6th day of January, 1986. ATTEST NATIONAL INDEMNITY COMPANY _ 0 Assistant Secretary BY Assistant Vice President STATE OF CALIFORNIA 1 COUNTY OF LOS ANGELES I SS On this 6th day of fanuary, 1986,before me,a Notary Public personally appeared Thomas A.Bolt,who being by me duly sworn, acknowledged that he signed the above Power of Attorney as Assistant Vice President of said NATIO AL INDEMNITY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. My Commission expires May 20,1988 OFFICIAL SEAL L/f� NANCY M FLORES s NMW PUBLIC•MIFORNIA Ia611N6tl 19M MAY (q1CERTIFICATION Notary Public,California My comm.rylru Z0. STATE OF CALIFORNIA COUNTY OF LOS ANGELES J SS 1, the undersigned, Assistant Secretary of NATIONAL INDEMNITY INSURANCE COMPANY,a Nebraska Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that the By-Laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney, are now in force. Signed and sealed at Pasadena,California Dated the...........10th ..... ..... . day of.. .. .September . .�`/�'.,1f_ .. _C�,�19��t�(8�/��/1-�. ... /1 Assistant Secretary 1.ONLY ONE POWER-OF-ATTORNEY MAY BE ATTACHED TO A BOND. VV 2.POWER-OF-ATTORNEY MUST NOT BE RETURNED TO ATTORNEY-IN-FACT,BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS. 3.THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS,OR BONDS FOR CRIMINAL APPEARANCE. 4.THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES OR ANY BONDS. OTHER THAN THOSE ENUMERATED ABOVE. N1 1181P(1186) {, �ond No. $2 699.00 RE4EASED Premium $2,699.00 DATE /���%/ SUBDIVISION FAITHFUL PERFORMANCE BON /0 �E10.� �/ (GOVERNMENT CODE S 66493 . 1) �Ql(��Q�Oy1 INITIALS &?hd, (PUBLIC SEWER LMPROVEMENTS - PHASE III 19/5 4 Q�hLQ_ WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Marbella Development Cpmpany (hereafter designated as "Principal") , have entered into a Sub- division Agreement whereby Principal agrees to install and complete certain designated public improvements , which said Agreement dated 19 , and identified as Project Tract 12954 is hereby referred to and made a part hereof; and WHEREAS , said Principal is required, under the terms of the said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, wQ, the Principal and _ National Indemnity Company :', as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee") , in the sum of One Hundred Seventy Mire—Thousand Eieht Hundred Seventvv7Fivve)and No/100th Dollars , lawful money of the UmEted 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 J Bond No. 100658 Performance - Page Two addition to the face amount specified, there shall be included costs and reasonable expenses and fees , including reasonable attorney' s fees , incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modifi- cation of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder . 87 Executed this 10th day of September 1996 , at Los Angeles California. PRINCIPAL -harbel ev o at Company B . Pre nt, The airway an Company (NFtdD SEAL) NaIItionRE al Indemnity Company APPROVED AS TO FORM. By: Margaret E. O'Brien, Attorney in Fact J)dho R. Shaw (NOTARIZATION AND SEAL) it Attorney c/o James Econn & Co. 3055 Wilshire Boulevard Los Angeles, California 90010 Pace 2 - SUBDIVISION FAITHFUL PERFOR14MICE BOND STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th day of September in the year 1987 before me, Alice M. Stump a Notary Public, State of California, duly commissioned and sworn, personally appeared Jon T. Brown personally known to me (or proved to me on the basis of satisfactory evidence) to be the President of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Jon T. Brown, President, The Fairway Land Company — A General Partner IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Orange County of California on the date set forth above in this certificate. Notary Public, State o C lifornia OFFICIAL aFgL ALICE M. STUMP My commission expires May 17, 1991 Nolary PuDlk Ciltlornia OMNCE CpUNTy My Commission Ezp.5/1I/91 ' ALQOWLEDGMENT OF ANNEXED INSTASENT STATE OF CALIFORNIA l COUNTY OF Los Angeles On this 10th day Of September in the year 1987 before me, Lisa L. Thornton a Notary Public. State of California, duly commisioned and sworn, personalty appeared Margaret E. O'Brien personally known to me (or proved to me on the basis of satisfactory evidence) to be the Attorney in Fact of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me.that such corporation executed the same. National Indemnity Company IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Los Angeles County of California on the date set forth above in this certificate. \ ota blic, State of California *, MY OFFICIAL SEAL LISA L. THORNTON My commission expires May 24, 1989 Notary Public.Celifornis Principal Office InLos Angel"Cowriy Comm. Exp, May 24, 1989 n'Ctia L 0 POWER-OF-ATTORNEY • FOR SUBDIVISION BONDS NATIONAL INDEMNITY COMPANY NGP Nq 202547 • 3024 HARNEY STREET OMAHA,NEBRASKA 68131 KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which it authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN, THE AUTHORITY OF THE ATTORNEY-IN-FACT and THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ............TWO Million D011arS ($2, 0,000,00!.... ON ANY.DNE BOND...... ... ....... USE OF MORE THAN ONE POWER VOIDS THE BOND NATIONAL INDEMNITY COMPANY, a Nebraska corporation, having its principal office in the City of Omaha, state of Nebraska, does hereby make, constitute and appoint James W. Econn, Donald Killian III, Margaret E. O'Brien, Linda z Sciaini, and Barry M. Sullock In the City of LOS ANGELES,County of LOS ANGELES,State of CALIFORNIA,its true and •Z lawful attorney-in-fact,at LOS ANGELES,in the Slate of CALIFORNIA to make,e.tecute,seal and deliver for and on its behalf, m and as its act and deed only the following classes of Subdivision Bonds:Subdivision Improvement including Performance and Labor • find Materials; Subdivision Inspection; Subdivision Survey or Monument; Subdivision Tax; Subdivision Warranty; Completion C Common Facilities;Maintenance Assessment;Release of Mechanic's Lien;Release of Stop Notice;License or Permit Bonds required In connection with the subdivision (or subdivision related); Bonds required by F.H.A, or other similar government agencies; Conversion tax or fee;Advance Payments required by Federal,State,County,Municipal Authority,ur other obligees,provided that - pJ• the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sum shown f above. i7 THIS POWER VOID IF ALTERED OR ERASED This power is not valid unless used before December 31, 1988 The acknowledgement and execution of any such document by said Attorney-in-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. $ This Power of Attorneyis granted and is signed and seated by facsimile under and by the authority of the following Resolution adopted by the Board ofDirectorsof NATIONAL INDEMNITY COMPANY at a meeting duly called and held on the 3rd day of January,1986: RESOLVED,that the President,or any Vice President,or Assistant Vice President,of the Company,be,and that each of any of them hereby is,authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of NATIONAL INDEMNITY COMPANY bonds,undertakings and all contracts of suretyship;and that any Secretary or any Assistant Secretary be,and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures 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 and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof NATIONAL INDEMNITY COMPANY has caused its official seal to be hereunder affixed,and these presents to be signed by its Assistant Vim President and attested by Its Assistant Secretary this 6th day of January,1986. ATTEST NATIONAL INDEMNITY COMPANY _ ('Assistant Secretary BY v Assistant Vice President STATE OF CALIFORNIA 1 COUNTY OF LOS ANGELES I SS On this 6th day of January,1986,before me,a Notary Public personally appeared Thomas A.Bolt,who being by me duly sworn, acknowledged that he signed the above Power of Attorney as Assistant Vice President of said NATIONAL INDEMNITY COMPANY and acknowledged said Instrument to be the voluntary act and deed of said corporation. My Commission expires May 20,1988 IsOFFICIAL SEAL /y/�/j NANCY M FLORES ' '/_t h; � W e m .Ou NAM t0.1911 NOTAW PUKK-CALIFORNIA tai ANGELES COUNn' CERTIFICATION Notary Public,California STATE OF CALIFORNIA ll COUNTY OF LOS ANGELES I SS 1, the undersigned,Asdstant Secretary of NATIONAL INDEMNITY INSURANCE COMPANY, a Nebraska Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that the By-Laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney, are now in force. Signed and sealed at Pasadena,California 10th.............. .. . ... dayof.. _September 19. .87... Dated the............ ..... .,I-.,."r..r-A'tpf",`',y� /\ Assistant Secretary 1.ONLY ONE POWER-OF-ATTORNEY MAY BE ATTACHED TO A BOND. VVV 2.POWER-OF-ATTORNEY MUST NOT BE RETURNED TO ATTORNEYAN-FACT,BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS. 3.THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS,OR BONDS FOR CRIMINAL APPEARANCE. 4.THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES OR ANY BONDS. OTHER THAN THOSE ENUMERATED ABOVE, NI II8IP(1/86) 00yand No. NA 100658 Premium $2,699.00 FELEASED SUBDIVISION FAITHFUL PERFORMANCE BOND DATE (GOVERNMENT CODE S 66499 .1) INITIALS (PUBLIC SEWER IMPROVEMENTS - PHASE III) /�/��'� WHEREAS, th_e City Council of the City of San Juan Capistrano , State of California, and Marbella Development Company (hereafter designated as "Principal") , have entered into a Sub- . division Agreement whereby Principal agrees to install and complete certain designated public improvements , which said Agreement dated , 19 , and identified as Project Tract 12954 is hereby referred to and made a part hereof; and , WHEREAS, said Principal is required, under the terms of the said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, w6, the Principal and National Indemnity Company =', as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee") , ($179,875.00) in the sum Of One Hundred Seventy Nine-Theusand Eieht Hundred Seventy Five and No/100th Dollars, lawful money of the Uni-ted 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 Bond 100658 Performance - Page Two lip addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modifi- cation of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder . 87 Executed this 10th day of sentember 19*6 , at Los Angeles California. PRINCI -fir _ la Dev o nt Company Pr t, Th Fairway an Company . eneraI artner (NO TION AND SEAL) NaUTY ttiioonal Indemnity Company APPROVED AS TO FORM. By: Margar t E. O'Brien, Attorney in Fact J R. Shaw (NOTARIZATION AND SEAL) it Attorney c/o James Econn & Co. 3055 Wilshire Boulevard Los Angeles, California 90010 Page 2 - SUBDIVISION FAITHFUL PERFORMANCE BOND STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th day of September in the year 1987 before me, Alice M. Stump , a Notary Public, State of California, duly commissioned and sworn, personally appeared Jon T. Brown personally known to me (or proved to me on the basis of satisfactory evidence) to be the President of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Jon T. Brown, President, The Fairway Land Company - A General Partner IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Orange County of California on the date set forth above in this certificate. Notary Public, State California OyOFFICIAL SEAL ALICE M.STUMP My commission expires May 17, 1991 NOWY Publk CaliforniaORANGE COUNTY Commission Exp.5/17/91 AAWLEDGMENT OF ANNEXED INSTRSNT STATE OF CALIFORNIA COUNTY OF Los Angeles as : 10th September 1987 On this day of in the year before me, Lisa L. Thornton a Notary Public, State of California, duly commisioned and sworn, personally appeared Margaret E. O'Brien personally known to me (or proved to me on the basis of satisfactory evidence) to be the Attorney in Fact of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me.lhat such corporation executed the same. National Indemnity Company IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Los Angeles County of California on the date set forth above in this certificate. Notary ublic, State of California n-.�.o..ewsee♦ee eeeeee♦e�eeee•H• _ OF;ICIAI_SEAL LISA L. THORNTON Notary Public California My commission expires May 24, 1989 '�1�{ • ,�, Principal Office In Los Anaeles CountyMy Comm. Exp. May 24, 1989 . ..see�ereHeMeeNMMMe�e ee /�M • POWER-OF-ATTORNEY • FOR SUBDIVISION BONDS NATIONAL INDEMNITY COMPANY NGP NQ 202547 3024 HARNEY STREET OMAHA,NEBRASKA 68131 KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which it authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN, THE AUTHORITY OF THE ATTORNEY-IN-FACT and THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ............TWO Million,D011ars.. IS2,000,000.00),,,,..ON,ANY ONE BOND,,,,,,,,,,,,,,,,,, Q USE OF MORE THAN ONE POWER VOIDS THE BOND NATIONAL INDEMNITY COMPANY, a Nebraska corporation, having its principal office in the City of Omaha, state of Nebraska, does hereby make, constitute and appoint James W. Econn, Donald Killian III, Margaret E. O'Brien, Linda 'D SCiaini, and Barry M. Sullock in the City of LOS ANGELES,County of LOS ANGELES,State of CALIFORNIA,its true and g •g• lawful attorney-in-fact,at LOS ANGELES,in the State of CALIFORNIA to make,execute,seal and deliver for and on its behalf 3 m and as its act and deed,only the following classes of Subdivision Bonds:Subdivision Improvement including Performance and Labor • and Materials; Subdivision Inspection; Subdivision Survey or Monument; Subdivision Tax; Subdivision Warranty; Completion Common Facilities;Maintenance Assessment;Release of Mechanic's Lien;Release of Stop Notice;License or Permit Bonds required in connection with the subdivision (or subdivision related); Bonds required by F.H.A. or other similar ggovernment agencies; Conversion tax or fee;Advance Payments required by Federal,State,County,Municipal Authority,or other obligees,provided that �• the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sum shown above. THIS POWER VOID IF ALTERED OR ERASED This power is not valid unless used before December 31, 1988 The acknowledgement and execution of any such document by said Attorney-in-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of NATIONAL INDEMNITY COMPANY at a meeting duly called and held on the 3rd day of January,1986: RESOLVED,that the President,or any Vice President,or Assistant Vice President,of the Company,be,and that each of any of them hereby is,authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of NATIONAL INDEMNITY COMPANY,bonds,undertakings and all contracts of suretyship;and that any Secretary or any Assistant Secreta%y be,and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto b,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 and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Witney Whereof NATIONAL INDEMNITY COMPANY has caused its official seal to be hereunder affixed,and these presents to be signed by its Assistant Vice President and attested by its Assistant Secretary this 6th day of January,1986. ATTEST NATIONAL INDEMNITY COMPANY Z a. � - Assistant Secretary BY r' Assistant Vice President STATE OF CALIFORNIA 11 COUNTY OF LOS ANGELES I SS On this 6th day of fanuary,1986,before me,a Notary Public personally appeared Thomas A.Bolt,who being by me duly sworn, Acknowled ed that a signed the above Power of Attorney as Assistant Vice President of said NATIONAL INDEMNITY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. My Commission expires May 20,1988 OFFICIAL SEAL NANCY M FLORES NOTARY FUKIC•CAUFORNIA At,�m up`.x�"m.istr CERTIFICATION Notary Public,California STATE OF CALIFORNIA COUNTY OF LOS ANGELES I SS I, the undersigned,Assistant Secretary of NATIONAL INDEMNITY INSURANCE COMPANY, a Nebraska Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that the By-Laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney, are now in force. Signed and sealed at Pasadena,California Dated the...... ..... .10th .. .. ... .. .. day.f.....September _ .., 19_87..... .... .... . .. ..... ........ .. ... ... Q Assistant Secretary 1.ONLY ONE POWER-OF-ATTORNEY MAY BE ATTACHED TO A BOND. 2.POWER-OF-ATTORNEY MUST NOT BE RETURNED TO ATTORNEY-IN-FACT,BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS, 3.THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS,OR BONDS FOR CRIMINAL APPEARANCE. 4.THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES OR ANY BONDS. OTHER THAN THOSE ENUMERATED ABOVE. N1 1181P(1186) •RELEASEDond No. NA 100658 Premium Included DATE INITIALS LABOR AND MATERIAL BOND (PUBLIC SEWER IMPROVEMENTS - PHASE III) KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to Marbella Development Company , License No. , hereinafter designated as "Principal", a contract for Tract 12954 ; and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or tabor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we Marbella Development Company Principal, and National Indemnity Company , as surety, are held firmly bound unto-the City of San Juan Capistrano, a municipal corporatio * 00ths penal sum ofone Hundred Seventy Nine Thousand Eight Hundred Seventy Fid `��, ($179,875.00, lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub-contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division S, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the 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 obligation on 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. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Bond No. NA 100658 �abor & Material - Page Two 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 10th day of September 19 87 . 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. Marbella Development Company PRIN sy P t, T Fairway Land Company A enera artner Natio ndemnity Company SURETY By Margaret 0 Brien, Attorney in Fact c/o Jam Econn & Co. APPROVED AS TO FORM 3055 Wilshire Boulevard Los Angeles, California 90010 JbKMIR. SHAW, MY ATTORNEY STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th day of September in the year 1987 before me, Alice M. Stump a Notary Public, State of California, duly commissioned and sworn, personally appeared Jon T. Brown personally known to me (or proved to me on the basis of satisfactory evidence) to be the President of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Jon T. Brown, President, The Fairway Land Company - A General Partner IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Orange County of California on the date set forth above in this certificate. 1 Notary Public, Stat o California R,cALOFFICIAL SEAL NouryFuenoe.murnl° My commission expires May 17, 1991 ORANGE COUNTY 10Em,STUMP ommlasfon Exp.5/17191 ACKWLEDGMENT OF ANNEXED INSTANT STATE OF CALIFORNIA COUNTY OF Los Angeles ~' On this 10th day of September in the year 1987 before me, Lisa L. Thornton a Notary Public, State of California, duly commisloned and sworn, personally appeared Margaret E. O'Brien personally known to me (or proved to me on the basis of satisfactory evidence) to be the Attorney in Fact of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me.that such corporation executed the same. National Indemnity Company IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Los Angeles County of California un the date set forth above in this certificate. Notary Pub e, St lifornia OFFICIAL SEAL LISA L. THORNTON M commission expires May 24. 1989 J Notary Public-California y DPrincipal Office In Los Angeles County My Comm. Exp. May 24, 1989 •1 POWER-OF-ATTORNEY . FOR SUBDIVISION BONDS NATIONAL INDEMNITY COMPANY NGP N4 202547 3024 HARNEY STREET OMAHA,NEBRASKA 68131 KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which it authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN, THE AUTHORITY OF THE ATTORNEY-IN-FACT and THE LIABILITY OF THE COMPANY Q SHALL NOT EXCEED ............TWO M.H.HQtf_D011ar9 ($2,QOQ,QQO;QQj......QNANY.QNE0OND......... USE OF MORE THAN ONE POWER VOIDS THE BOND g NATIONAL INDEMNITY COMPANY, a Nebraska corporation, having its principal office in the City of Omaha, state of $ Nebraska, does hereby make, constitute and appoint James W. Econn, Donald Killian III, Margaret E. O'Brien, Linda Q Sciaini, and Barry M. Sullock in the City of LOS ANGELES,County of LOS ANGELES,State of CALIFORNIA,its true and 14 lawful attorney-in-fact,at LOS ANGELES,in the State of CALIFORNIA to make,execute,seal and deliver for and on its behalf, m and as its act and deed,only the following classes of Subdivision Bunds:Subdivision Improvement including Performance and Labor sZ • and Materials; Subdivision Inspection; Subdivision Survey or Monument; Subdivision Tax; Subdivision Warranty; Completion $ Common Facilities;Maintenance Assessment;Release of Mechanic's Lien;Release of Stop Notice;License or Permit Bonds required in connection with the subdivision (or subdivision related); Bonds required by F.H.A. or other similar government agencies; Conversion tax or fee;Advance Payments required by Federal,State,County,Municipal Authority,or other obligees,provided that the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sum shown above. THIS POWER VOID IF ALTERED OR ERASED This power Is not valid unless used before December 31, 1988 The acknowledgement and execution of any such document by said Attorney-in-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. Q, This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of NATIONAL INDEMNITY COMPANY at a meeting duly called and held on the 3rd day of January,1986: RESOLVED,that the President,or any V ice president,or Assistant Vim President,of the Company,be,and that each of any of them hereby is,authorized to execute Powers of Attorney quail fysng the attorney named in the given Power of Attorney to execute in behalf of NATIONAL INDEMNITY COMPANY,bands,undertakings and all contracts of suretyship;and that any Secretary or any Assistant Secretary be,and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures 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 bin mg upon tU Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof NATIONAL INDEMNITY COMPANY has caused its official seal to be hereunder affixed,and these presents to be signed by its Assistant Vire President and attested by its Assistant Secretary this 6th day of January,1986. ATTEST NATIONAL INDEMNITY COMPANY _ a- � - (�Assistant Secretary BY - v 4Zi:tant Vice President STATE OF CALIFORNIA l COUNTY OF LOS ANGELES} SS On this 6th day of Ianuary,1986,before me,a Notary Public personally appeared Thomas A.Bolt,who being by me duly sworn, acknowledged that ha signed the above Power of Attorney as Assistant Vice President of said NATIO AL INDEMNITY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. My Commission expires May 20,1988 OFFICIAL SEAL NANCY M FLORES �f4O.2/ YOtAW PUBLIC•CALIFORNIA LosN1a MCBCERTIFICATION Notary Public,California W ono,nyilo YINTf0.IRY STATE OF CALIFORNIA COUNTY OF LOS ANGELES I SS I, the undersigned,Assistant Secretary of NATIONAL INDEMNITY INSURANCE COMPANY,a Nebraska Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that the By-Laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney, are now in force. Signed and sealed at Pasadena,California Dated the...... 1.0th. . ........ ....... .... .dayof.. ...September.t� .'(yI."�.''.�I./... .. .. .. ..., 19..87.. ...... . . .,, �.'��� . Q /\ Assistant Secretary 1,ONLY ONE POWER-OF-ATTORNEY MAY BE ATTACHED TO A BOND. VV 2.POWER-OF-ATTORNEY MUST NOT BE RETURNED TO ATTORNEY-IN-FACT,BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS. 3.THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS,OR BONDS FOR CRIMINAL APPEARANCE. 4.THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES OR ANY BONDS. OTHER THAN THOSE ENUMERATED ABOVE. NI 1181P 11180I " FOLEASED • Bond No. NA 100655 DATE A/�u'q� Premium Included./ INMALS LABOR AND MATERIAL BOND (PUBLIC SEWER IMPROVEMENTS - PHASE II) "d1L`- r1�S�69 fO � KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to Marbella Development Company . License No. hereinafter designated as "Principal", a contract for —'lra t 12954 - and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we Marbella Development Company Principal, and National Indemnity Company . as surety, are held firmly bound unto-the City of San Juan Capistrano, a municipal corpor t'on, in the penal sum of One Hundred Nineteen Thousand Seven Hundred Thirtv and Up%LARS ($u9 730,x, lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub-contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division S, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the 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 obligation on 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. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. • • Bond No. NA 100655 Labor & Material - Page Two 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 10th day ofSan ramhar , 19 87 . 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. Marbella Development Company PAL ey :; dent, The Fairway and Company A Gene 1 Partner N ional demnity Company SURETY r By Margaret E. O'Brien, Attorney in Fact APPROVED AS TO FORM c/o James Econn & Co. 3055 Wilshire Boulevard n.L _ Los Angeles, California 90010 JOKNIR. SHAW, ATTORNEY STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th day of September in the year 1987 before me, Alice M. Stump a Notary Public, State of California, duly commissioned and sworn, personally appeared Son T. Brown personally known to me (or proved to me on the basis of satisfactory evidence) to be the President of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Son T. Brown, President, The Fairway Land Company - A- General Partner IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Orange County of California on the date set forth above in this certificate. Notary Public, State f alifornia OFFICIAL SEAL ALICE M.STUMP WAIV Paatic Calder" ORANGE COUNTY My commission expires May 17, 1991 10My Commission Exp.5/17/91 AOWLEDGMENT OF ANNEXED INSTRENT STATE OF CALIFORNIA COUNTY OF Los Angeles w On this 10th day of September in the year 1987 before me, Lisa L. Thornton a Notary Public, State of California, duly commisioned and sworn, personally appeared Margaret E. O'Brien personally known to me (or proved to me on the basis of satisfactory evidence) to be the Attorney in Fact of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me.lhat such corporation executed the same. National Indemnity Company IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Los Angeles County of California on the date set forth above in this certificate. lary Publi , State of California �•'� OFFICIAL SEAL May 24. 1989 LISA L. THORNTON My commission expires _ + Notary Public-Californis Principal Office In Los Angeles County •, ) My Comm. Exp. May 24, 1989 r"tn") POWER-OF-ATTORNEY FOR SUBDIVISION BONDS NATIONAL INDEMNITY COMPANY NGP Aja 202544 3024 HARNEY STREET OMAHA,NEBRASKA 68131 KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attomey is not valid unless attached to the bond which It C authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN, t�l� THE AUTHORITY OF THE ATTORNEY-IN-FACT and THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ............TWO Million,Dollars,. ($2,OWQ000.00)..... .ON ANYONE BOND.. USE OF MORE THAN ONE POWER VOIDS THE BOND NATIONAL INDEMNITY COMPANY, a Nebraska corporation, having its principal office in the City of Omaha, state of Nebraska, does hereby make, constitute and appoint James W. Econn, Donald Killian III, Margaret E. O'Brien, Linda O Sciaini, and Barry M. Sullock in the City of LOS ANGELES,County of LOS ANGELES,State of CALIFORNIA its true and PPPSSS x,�r lawful attorney-m-fact,at LOS ANGELES,in the State of CALIFORNIA to make,execute,seal and deliver for and on its behalf, m and as its act and deed,only the following classes of Subdivision Bonds:Subdivision Improvement including Performance and Labor 4 i and Materials; Subdivision Inspection; Subdivision Survey or Monument; Subdivision Tax; Subdivision Warranty; Completion $ Common Facilities;Maintenance Assessment;Release of Mechanic's Lien;Release of Stop Notice;License or Permit Bonds required in connection with the subdivision (or subdivision related); Bonds required by F.H.A. or other similar government agencies; Conversion tax or fee;Advance Payments required by Federal,State,County,Municipal Authority,or other, provided that the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sum shown above. i4 THIS POWER VOID IF ALTERED OR ERASED This power is not valid unless used before December 31, 1988 The acknowledgement and execution of any such document by said Attorney-in-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. Q This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of NATIONAL INDEMNITY COMPANY at a meeting duly called and held on the 3rd day of January,1986; RESOLVED,that the President,or any Vice President,or Assistant Vice President, A the Company,be,and that each of any of them hereby is,authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of NATIONAL INDEMNITY COMPANY bonds,undertakings and all eontrcets of suretyship;and that any Secretary or any Assistant Secretary be,and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures 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 he valid and binding upon tLe Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached," In Witness Whereof NATIONAL INDEMNITY COMPANY has caused Its official seal to be hereunder affixed,and these presents to be signed by its Assistant Vice President and attested by its Assistant Secretary this 6th day of January, 1986. ATTEST NATIONAL INDEMNITY COMPANY _ C( �, , �- (1AssistantSecretary BY � v Aaslstant Vice President ' SPATE OF CALIFORNIA ll COUNTY OF LOS ANGELES J SS On this 6th day of fanuary,1986,before me,a Notary Public personally appeared Thomas A.Bolt,who being by me duly sworn, acknowledged that he signed the above Power of Attorney As Assistant Vice President of said NATIONAL INDEMNITY COMPANY and acknowledged said Instrument to be the voluntary act and deed of said corporation. My Commission expires May 20,1988 OFFICIAL SEAL NANCY M FLORES NOTW PUBLIC-CALIFORNA LOS ANGELES COUNTY CERTIFICATION Notary Public,California M,�s wim MAY Ea I9Y STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS I, the undersigned, Assistant Secretary of NATIONAL INDEMNITY INSURANCE COMPANY,a Nebraska Corporation,DO -HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that the By-Laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney, are now in force. Signed and sealed at Pasadena,California 10th............... . . ..... .. .dayof..._September .. ., 19. .8 .. ... Dated the........ .... ..... n . ... .. ... .. ..... .. ... �XJ Assistant Secretary 1.ONLY ONE POWER-OF-ATTORNEY MAY BE ATTACHED TO A BOND. 2.POWER-OF-ATTORNEY MUST NOT BE RETURNED TO ATTORNEY-IN-FACT,BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS. 3.THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS,OR BONDS FOR CRIMINAL APPEARANCE. C THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES OR ANY BONDS, OTHER THAN THOSE ENUMERATED ABOVE. NL I 181(JIM) y RE'L'EASED Pand No. NA 100655 ermium $1,796.00 DATE Q��419� SUBDIVISION FAITHFUL PERFORMANCE BOND ��Q�OQD,00 •• � (GOVERNMENT CODE 5 66499 .1)j� lei ��G�QC07Z INITIALS LU/y(1 (PUBLIC SEWER IMPROVEMENTS - PHASE II) -Y e� WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Marbella Development Company (hereafter designated as "Principal") , have entered into a Sub- . division Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated 19 , and identified as Project Tract 12954 is hereby referred to and made a part hereof; and WHEREAS said Principal is required, under the terms of the said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW, .THEREFORE, we, the Principal and National Indemnity Company , as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligqee ($119,73D 00) in the sum of One Hundred Nineteen Mhousand Seven Hundred Thirty and No/100ths***** Dollars, lawful money of the Unsted 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 Bond No. NA 100655 ~ Performance - Page Two addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees , ' incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modifi- cation of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder . 87 Executed this 10th day of September 19 SSY, at Los Angeles , California. PRINCIP -Marbelleve p nt Company Pre / nt, Th Fairway Land Company (NO ne bVejND SEAL) SURETY APPROVED AS TO FORM. National Indemnity Company i Bv• cl, g",z Margar E. O'Brien, Attorney in Fact Jjdh4i R. Shaw (NOTARIZATION AND SEAL) it Attorney c/o James Econn 6 Co. 3055 Wilshire Boulevard Los Angeles, California 90010 Paae 2 - SUBDIVISION FAITHFUL PERFORMANCE BOND STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th day of September in the year 1987 before me, Alice M. Stump , a Notary Public, State of California, duly commissioned and sworn, personally appeared Jon T. Brown personally known to me (or proved to me on the basis of satisfactory evidence) to be the President of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Jon T. Brown, President, The Fairway Land Company — A- General Partner IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Orange County of California on the date set forth above in this certificate. f � Notary Public, State o alifornia Off101Al SEAL My commission expires May 17, 1991 _i ALICE M.STUMP Noury Paa0t LahtarMa OMNGE COUNTY Ny Commission Exp.sr171l1 AWLEDGMENT OF ANNEXED INSTANT STATE OF CALIFORNIA COUNTY OF Los Angeles On this 10th day of September in the year 1987 before me, Lisa L. Thornton a Notary Public, State of California, duly commisioned and sworn, personally appeared Margaret E. O'Brien personally known to me (or proved to me on the basis of satisfactory evidence) to be the Attorney in Fact of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me.that such corporation executed the same. National Indemnity Company IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Los Angeles County of California on the date set forth above in this certificate. _ Notary P blie, State of California ♦}w�1H»��MNN������������M♦ My commission expires May 24, 1989 2 OFFICIAL SEA' s LISA L. THORNTON }}}p 3 ° °,; Notary PubhcCalifornia ;f 1= Principal Office In Los Angeles Counq $ » "•i. .+' MY Comm. Exp, May 24, 1989 j.•- MyM�MHMMMIN�MN��♦ ,�M • POWER-OF-ATTORNEY • FOR SUBDIVISION BONDS NATIONAL INDEMNITY COMPANY NGP N4 202544 3024 HARNEY STREET OMAHA,NEBRASKA 68131 KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which it 99 C authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN, S g THE AUTHORITY OF THE ATTORNEY-IN-FACT and 3' THE LIABILITY OF THE COMPANY Q SHALL NOT EXCEED ............TWO Million.Dollars,. (U,000,0QO.DD).,,,..QNANYONE.BOND........ ......... USE OF MORE THAN ONE POWER VOIDS THE BOND NATIONAL INDEMNITY COMPANY, a Nebraska corporation, having its principal office in the City of Omaha, state of Nebraska, does hereby make, constitute and appoint James W. Econn, Donald Killian III, Margaret E. O'Brien, Linda Sciaini, and Barry M. Sullock in the City of LOS ANGELES,County of LOS ANGELES,State of CALIFORNIA,its true and lawful attorney-in-fact,at LOS ANGELES,in the State of CALIFORNIA to make,execute,seal and deliver for and on itsbehalf, m and w its act and deed,only the following classes of Subdivision Bonds:Subdivision Improvement including Performance and Labor • and Materials; Subdivision Inspection; Subdivision Survey or Monument; Subdivision Tax; Subdivision Warranty; Completion C Common Facilities;Maintenance Assessment;Release of Mechanic's Lien;Release of Stop Notice;License or Permit Bonds required in connection with the subdivision (or subdivision related); Bonds required by F.H.A. or other similar government agencies; Conversion tax or fee;Advance Payments required by Federal,State,County,Municipal Authority,or other obligees,provided that the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sum shown above. THIS POWER VOID IF ALTERED OR ERASED This power is not valid unless used before December 31, 1988 The acknowledgement and execution of any such document by said Attorney-in-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. SL This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of NATIONAL INDEMNITY COMPANY at a meeting duly called and held on the 3rd day of January,1986: RESOLVED,that the President,or any Vice President,or Assistant Vice President,of the Company,be,and that each of any of them hereby is,authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of NATIONAL INDEMNITY COMPANY,bonds,undertakings and all contracts of suretyship;and that any Secretary or any Assistant Secretary be,and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures of such officers and the seal of the Company,maybe 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 and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof NATIONAL INDEMNITY COMPANY has caused its official seal to be hereunder affixed,and these presents to be signed by its Assistant Vim President and attested by its Assistant Secretary this 6th day of January,1986. ATTEST NATIONAL INDEMNITY COMPANY QAssistant Secretary Secretary BY �f Assistant Vice President STATE OF CALIFORNIA t COUNTY OF LOS ANGELES I SS On this 6th day of January,1986,before me,a Notary Public personally appeared Thomas A.Bolt,who being by me duly sworn, acknowledged that he signed the above Power of Attorney as Assistant Vice President of said NATIONAL INDEMNITY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. My Commission expires May 20,1988 OFFICIAL SEAL NANCY M FLORES NOTARY PUSUC-CALIFORNIA ANGELESLOS `° CERTIFICATION Notary Public,California Ypn ai m.WinsiaaMY 20 ZO, 19rr STATE OF CALIFORNIA COUNTY OF LOS ANGELES J SS I, the undersigned, Assistant Secretary of NATIONAL INDEMNITY INSURANCE COMPANY, a Nebraska Corporation,DO -HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains fn full force and has not been revoked;and furthermore that the By-Laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney, we now in force. Signed and sealed at Pasadena,California Dated the.. ..... ... ..lOth .. .. . ..dayof. .. ..September . .1.119..87..... f' Q , Assistant Secretary 1.ONLY ONE POWER-OF-ATTORNEY MAY BE ATTACHED TO A BOND. 2.POWER-OF-ATTORNEY MUST NOT BE RETURNED TO ATTORNEY-IN-FACT,BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS. 3.THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS,OR BONDS FOR CRIMINAL APPEARANCE. 4.THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES OR ANY BONDS. OTHER THAN THOSE ENUMERATED ABOVE. NI II8IP(IINJ jQLLASED ond No. NA 100655 Permium $1,796.00 DATE =DIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE S 66499 .1) INITIALS UBLIC SEWER IMPROVEMENTS - PHASE II) WHEREAS, the City Council of the City of San Juan Capistrano , State of California, and Marbella Development Company (hereafter designated as "Principal") , have entered into a Sub- division Agreement whereby Principal agrees to install and complete certain designated public improvements , which said Agreement dated , 19 , and identified as Project Tract 12954 , is hereby referred to and made a part hereof; and WHEREAS, said Principal is required, under the terms of the said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, we, the Principal and National Indemnity Company =', as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligqee") , ($119,73D 00) in the sum of One Hundred Nineteen EbDusgnd Seven Hundred Thirty 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 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 Bond No. NA 100655 Performance - Page Two addition to the face amount specified, there shall be included costs and reasonable expenses and fees , including reasonable attorney' s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modifi- cation of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder . 87 Executed this loth day Of September , 19&Syv at Los Angeles , California. PRIIQCIP -Marbel Deve p ent Company Pres' The airway an Company neral P tner (NO Z ON AND SEAL) SURETY APPROVED AS TO FORM. National Indemnity Company . Margar E. O'Brien, Attorney in Fact Jdh# R. Shaw (NOTARIZATION AND SEAL) it Attorney c/o James Econn & Co. 3055 Wilshire Boulevard Los Angeles, California 90010 Pace 2 - SUBDIVISION FAITHFUL PERFORMANCE BOND STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th day of September in the year 1987 before me, Alice M. Stump , a Notary Public, State of California, duly commissioned and sworn, personally appeared Jon T. Brown personally known to me (or proved to me on the basis of satisfactory evidence) to be the President of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Jon T. Brown, President, The Fairway Land Company — A General Partner IN WITNESS WHEREOF, I have hereunto set my hand and affiged my official seal in the Orange County of California on the date set forth above in this certificate. Notary Public, State of ifornia =M.STUMP L MPlifornia My commission expires May 17, 1991 TYM .5117191 ACOWLEDGMENT OF ANNEXED INSTANT STATE OF CALIFORNIA l COUNTY OF Los Angeles )1 u On this 10th day of September in the year 1987 before me, Lisa L. Thornton a Notary Public, State of California, duly commisioned and sworn, personally appeared Margaret E. O'Brien personally known to me (or proved to me on the basis of satisfactory evidence) to be the Attorney in Fact of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me.that such corporation executed the same. National Indemnity Company IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Los Angeles County of California on the date set forth above in this certificate. C4 Notary Pu lic, California OFFICIAL SEAL sem^r' LISA L. THORNTON Notary Public-California May 24, 1989 My commission expires Principal Office In Los Angeles Cwnty P , My Comm. Exp. May 24, 1989 ♦NNrN��MNMN�N��♦ /�.a0 POWER-OF-ATTORNEY • FOR SUBDIVISION BONDS NATIONAL INDEMNITY COMPANY NGP N9 202544 3024 HARNEY STREET OMAHA,NEBRASKA 68131 KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which it i authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN, 7 THE AUTHORITY OF THE ATTORNEY-IN-FACT and THE LIABILITY OF THE COMPANY Q p TWO Million,Dollars,.IS2,OOQ000.00 N A. Y ONEBOND... SHALL NOT EXCEED ............... ... .......I..... .P. N.... .. ... ... ........ USE OF MORE THAN ONE POWER VOIDS THE BOND f NATIONAL INDEMNITY COMPANY, a Nebraska corporation, having its principal office in the City of Omaha, state of Nebraska, does hereby make, constitute and appoint James W. Econn, Donald Killian III, Margaret E. O'Brien, Linda C Seiaini, and Barry M. Sullock in the City of LOS ANGELES,County of LOS ANGELES,State of its true and lawful attorney-in-fact,at LOS ANGELES,in the State of CALIFORNIA to make,execute,seal and deliver for and CALIFORNIA,n its behalf, 3 m and as its act and deed,onty the following classes of Subdivision Bonds:Subdivision Improvement including Performance and Labor i and Materials; Subdivision Inspection; Subdivision Survey or Monument; Subdivision Tax; Subdivision Warranty; Completion C Common Facilities;Maintenance Assessment;Release of Mechanic's Lien;Release of Stop Notice;License or Permit Bonds required In connection with the subdivision (or subdivision related); Bonds required by F.H.A. or other similargovernment agencies; Conversion tax or fee;Advance Payments required by Federal,State,County,Municipal Authority,or other obligees,provided that 7 the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sum shown J above. i7 THIS POWER VOID IF ALTERED OR ERASED This power Is not valid unless used before December 31, 1988 The acknowledgement and execution of any such document by said Attorney-in-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. Q This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of NATIONAL INDEMNITY COMPANY at a meeting duly called and held on the 3rd day of January,1986: RESOLVED,that the President,or any Vice President,or Assistant Vice President,of the Company,be,and that each of any of them hereby is,authorized to execute Powers of Attorney quail f ing the attorne}-named in the given Power of Attorney to execute in behalf of NATIONAL INDEMNITY COMPANY bonds,undertakings and all contracts of suretyship;and that any Secretary or any Assistant Secretary be,and that each or any of tfsem hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED, that the signatures 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 A.Corney or certificate bearing such facsimile signatures or facsimile seal shall he valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof NATIONAL INDEMNITY COMPANY has caused its official seat to be hereunder affixed,and these presents to be signed by its Assistant Vice President and attested by its Assistant Secretary this 6th day of January, 1986. ATTEST NATIONAL.INDEMNITY COMPANY _ r1 Assistant Secretary BY v Assistant Vice President STATE OF CALIFORNIA ll COUNTY OF LOS ANGELES f SS On this 6th day of January,1986,before me,a Notary Public personally appeared Thomas A.Bolt,who being by me duly sworn, acknowledged that he signed the above Power of Attorney as Assistant Vice President of said NATIONAL INDEMNITY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. My Commission expires May 20,1988 IQOFFICIAL SEAL NANCY M FLORES ' , NOTAW PUBLIC-CAnFOBNIA LOS ANGELES COUNTY CERTIFICATION Notary Public,California Mr ranm.srWss MAS t%SBL STATE OF CALIFORNIA COUNTY OF LOS ANGELES J SS 1,the undersigned,Assistant Secretary of NATIONAL INDEMNITY INSURANCE COMPANY, a Nebraska Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that the By-Laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney, are now in force. Signed and sealed at Pasadena,Callfomia Dated the...........10th day of. ...SeptembI.er QAssistant Secretary 1.ONLY ONE POWER-OF-ATTORNEY MAY BE ATTACHED TO A BOND. 2.POWER•OF-ATTORNEY MUST NOT BE RETURNED TO ATTORNEY-IN-FACT,BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS, 3.THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS,OR BONDS FOR CRIMINAL APPEARANCE. 4.THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES OR ANY BONDS. OTHER THAN THOSE ENUMERATED ABOVE. NI I161Y(1/8U) • • Bond No. NA 100655 ,ELEASLU Premium Included DATE INITIALS _LABOR AND MATERIAL BOND (PUBLIC SEWER IMPROVEMENTS - PHASE II) KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to Marbella Development Company . License No. ' hereinafter designated as "Principal", a contract for —'I� t 12954 ; and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we Marbella Development Company Principal, and National Indemnity Company . as surety, are held firmly bound unto. the City of San Juan Capistrano, a municipal corpor t'on, in the penal sum of One Hundred Nineteen Thousand Seven Hundred Thirty and �QLARS ($ , lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub-contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division S, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also In case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the 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 obligation on 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. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. • Bond No. NA 100655 Labor & Material - Page Two 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 10th day ofse�tProh -x 19_U_. 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. Marbella Development Company PRINCB4t,�z IPAP he Fairway and Company JJJA Gener Partner Nat'onal demnity Company SUR-ETY By Marga t E. O'Brien, Attorney in Fact APPROVED AS TO FORM c/o James Econn & Co. • 3055 Wilshire Boulevard _ Los Angeles, California 90010 R. SHAW, ATTORNEY , STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th day of 'September in the year 1987 before me, Alice M. Stump a Notary Public, State of California, duly commissioned and sworn, personally appeared Jon T. Brown personally known to me (or proved to me on the basis of satisfactory evidence) to be the President of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Jon-T. Brown, President, The Fairway Land Company — A General Partner IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Orange County of California on the date set forth above in 'this certificate. ocPwuisea� Notary Publi State California ALICE M.STUMP Noiary PaONt California CMNGE COUNTY My Commission ExD.5117191 My commission expires May 17, 1991 A&WLEDGMENT OF ANNEXED INSTANT STATE OF CALIFORNIA 4.: COUNTY OF Los Angeles On this 10th day of September in the year _ 1987 before me, Lisa L. Thornton a Notary Public. State of California, duly commisioned and sworn, personally appeared Margaret E. O'Brien personally known to me (or proved to me on the basis of satisfactory evidence) to be the Attorney in Fact of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me.that such corporation executed the same. National Indemnity Company IN WITNESS WHEREOF, I have hereunto set m hand and affixed m official seal in the Y Y Los Angeles County of California on the date set forth above in this certificate. oNotary , Slat-9--oTCalifornis OFFOAL .+.�»�+••��.« Y SEAL«....«. M commission expires May 24, 1989 �o`•'� OFFICIA! t LISA L. THORNTON 2 II Notary Public-California ` Principal oHia In a Los Angeles County \. ,,,,,�• MY Comm. Exp, May 24, 1989 sa....+e��.«.+�.««+�►�w.Nwool •rano POWER-OF-ATTORNEY • FOR SUBDIVISION BONDS NATIONAL INDEMNITY COMPANY NGP N4 202544 3024 HARNEY STREET OMAHA,NEBRASKA 68131 KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which It authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN, THE AUTHORITY OF THE ATTORNEY-IN-FACT and THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ............TWO Million,Dollars. USE OF MORE THAN ONE POWER VOIDS THE BOND f NATIONAL INDEMNITY COMPANY, a Nebraska corporation, having its principal office in the City of Omaha, state of Nebraska, does hereby make, constitute and appoint James W. Econn, Donald Killian 11I, Margaret E. O'Brien, Linda O Sciaini, and Barry M. SulloCk in the City of LOS ANGELES,County of LOS ANGELES,State of CALIFORNIA,its true and +� lawful attorney-in-fact,at LOS ANGELES,in the State of CALIFORNIA to make,execute,seal and deliver for and on its behalf, m and as its act and deed,only the following classes of Subdivision Bonds:Subdivision Improvement including Performance and Labor • and Materials; Subdivision Inspection; Subdivision Survey or Monument; Subdivision Tax; Subdivision Warranty; Completion C Common Facilities;Maintenance Assessment;Release of Mechanic's Lien;Release of Stop Notice;License or Permit Bonds required In connection with the subdivision (or subdivision related); Bonds required by F.H.A. or other similar government agencies; Conversion tax or fee;AdvancePayments required by Federal,State,County,Municipal Authority,or other obligees,provided that - the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sum shown above. THIS POWER VOID IF ALTERED OR ERASED This power is not valid unless used before December 31, 1988 The acknowledgement and execution of any such document by said Attorney-in-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authorityof the following Resolution adopted by the Board ofDirectorsof NATIONAL INDEMNITY COMPANY at a meeting duly caled and held on the 3rd day of January,l986: 'RESOLVED,that the President,or any Vim President,or Assistant V ice President,of the Company,be,and that each of any of them hereby Is,authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of NATIONAL INDEMNITY COMPANY bonds,undertakings and all contracts of suretyship;and that any Secretary or any Assistant Secretary be,and that each or any of Mem hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures of such officers and the seal of the Company maybe affixed to any such Power of Attorney or to any certificate relating Ihereto 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 and in the future with respect to any bond, Q undertaking or contract of suretyship to which it is attached." In Witness Whereof NATIONAL INDEMNITY COMPANY has caused its official seal to be hereunder affixed,and these presents to be signed by its Assistant Vice President and attested by its Assistant Secretary this 6th day of January,1986. ATTEST /J nn NATIONAL INDEMNI'T'Y COMPANY � _ �'•'^'''-^^0-'�y' �. la`s-iCJG�/ O3r+�d �,y�J. ��'✓6 (\Assistant Secretary BY / v s:istant Vice President STATE OF CALIFORNIA l COUNTY OF LOS ANGELES 7 SS On this 6th day of January,1986,before me,a Notary Public personally appeared Thomas A.Bolt,who being by me duly sworn, acknowledged that a signed the above Power of Attorney as Assistant Vice President of said NATIONAL INDEMNITY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. My Commission expires May 20,1988 OFFICIAL SEAL NANCY M FLORES WWW PUBLIC-CALIFORNIA n LOS ANGELES C01NTM CERTIFICATION Notary Public,California Mr... WM MAY M IMO STATE OF CALIFORNIA COUNTY OF LOS ANGELES J SS I, the undersiggnned,Assistant Secretary of NATIONAL INDEMNITY INSURANCE COMPANY,a Nebraska Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that the By-Laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney, are now In force. Signed and sealed at Pasadena,California Dated the.......... ..lOth dayof. , September. .., ,, _ ., 19. .87. .... Q . Assistant Secretary 1.ONLY ONE POWER-OF-ATTORNEY MAY BE ATTACHED TO A BOND. 2.POWER-OF-ATTORNEY MUST NOT BE RETURNED TO ATTORNEY-IN-FACT,BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS. 3.THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS,On BONDS FOR CRIMINAL APPEARANCE. 4.THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES OR ANY BONDS. OTHER THAN THOSE ENUMERATED ABOVE. NI II811,Weal ot*.RELEASED /O2"x� ��' Bond No. NA 100654 Q Gl 4�q� DATE �� Premium Included dlmls INITIALS L LABOR AND MATERIAL BOND (PUBLIC STORM DRAIN IMPROVEMENTS - PHASE II) KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to Marbella Development Company License No. , hereinafter designated as "Principal", a contract for Tract 12954 ; and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we Marbella Development Company , Principal, and National Ihdemnity Company , as surety, are held firmly bound unto. the City of San Juan Capistrano, a municipal corporation, in the penal sum of One Hundred Eighty Three Thousand Eighty Five and No/100thbOLLARS ($183,085.04, lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub-contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 3, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the 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 obligation on 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. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. • BoNo. NA 100654 • La*& Material - Page Two 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 loth day of September 19 aL . 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. Marbella Development Company PRINC dent, he Fairway Land Company NaA Genera Partner Indemnity Company SURETY Bylif tinct u .4�. � tt�1 argare O'Brien, Attorney in ^act APPROVED AS TO FORM c/o James Econn & Co. 3055 Wilshire Boulevard Los Angeles, California 90010 /L e �2.",j - — 7 R. SHAW, CITY ATTORNEY STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th day of September in the year 1987 before me, Alice M. Stump a Notary Public, State of California, duly commissioned and sworn, personally appeared Jon T. Brown personally known to me (or proved to me on the basis of satisfactory evidence) to be the President of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Jon T. Brown, President, The Fairway Land Company - A General Partner IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Orange County of California on the date set forth above in this certificate. A,-,— � -/btx-'� Notary Public, Stat o California :ALICE RIOIAI IEAI M.STUMP My commission expires May 17, 1991 y Public California NANGE COUNTY Mission Exp.5/17191 AAWLEDGMENT OF ANNEXED INSTANT STATE OF CALIFORNIA l COUNTY OF Los Angeles On this 10th day of September in the year 1987 before me. Lisa L. Thornton a Notary Public. State of California, duly commisioned and sworn• personally appeared Margaret E. O'Brien personally known to me (or proved to me on the basis of satisfactory evidence) to be the Attorney in Fact of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me.that such corporation executed the same. National Indemnity Company IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Los Angeles County of California on the date set forth above in this certificate. Notary Pub l c. State o California .... OFFICIAL SEAL LISA L. THORNTONMy commission expires May 24, 1984 ? a � �? NoR ncPublic-Calitania Pa Or/ice In Las Angelos County MY Comm. Exp. ItyY 24. 1989 • POWER-OF-ATTORNEY FOR SUBDIVISION BONDS NATIONAL INDEMNITY COMPANY NGP N9 202543 3024 HARNEY STREET OMAHA,NEBRASKA 68131 KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which it authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN, 7 Cp THE AUTHORITY OF THE ATTORNEY-IN-FACT and } THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ............Two Mi.1....D011ars...1$2,000,000;00)......DN,A,Ny ONE,BONp... ............... Q USE OF MORE THAN ONE POWER VOIDS THE BOND NATIONAL INDEMNITY COMPANY, a Nebraska corporation, having its principal office in the City of Omaha, state of Nebraska, does hereby make, constitute and appoint James W. Econn, Donald Killian III, Margaret E. O'Brien, Linda Sciaini, and Barry M. Stillock in the City of LOS ANGELES,County of LOS ANGELES,State of CALIFORNIA,its true and lawful attorney-in-fact,at LOS ANGELES,in the State of CALIFORNIA to make,execute,seal and deliver for and on its behalf, m and as its act and deed,only the following classes of Subdivision Bonds:Subdivision Improvement including Performance and Labor • and Materials; Subdivision Inspection; Subdivision Survey or Monument; Subdivision Tax; Subdivision Warranty; Completion C Common Facilities;Maintenance Assessment;Release of Mechanic's Lien;Release of Stop Notice;License or Permit Bonds required in connection with the subdivision (or subdivision related); Bonds required by F.H.A. or other similar government agencies; - Conversion tax or fee;Advance Payments required by Federal,State,County,Municipal Authority,or other obligees,provided that the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sum shown J above. i3 THIS POWER VOID IF ALTERED OR ERASED This power Is not valid unless used before December 31, 1988 The acknowledgement and execution of any such document by said Attorney-in-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. Q This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of NATIONAL INDEMNITY COMPANY at a meeting duly called and held on the 3rd day of January,1986; RESOLVED,that the President,or any Vice President,or Assistant Vice President,of the Company,be,and that each of any of them hereby Is,authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of NATIONAL INDEMNITY COMPANY bonds,undertakings and all contracts of suretyship;and that any Secretary or any Assistant Secretary be,and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures 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 shell be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof NATIONAL INDEMNITY COMPANY has caused its official seal to be hereunder affixed,and these presents to be signed by Its Assistant Vice President and attested by its Assistant Secretary this 6th day of January,1986. ATTEST NATIONAL INDEMNITY COMPANY _ fir,-�--- /1 Asxistant Secretary BY � - v Assistunt Vice President STATE OF CALIFORNIA tt COUNTY OF LOS ANGELES I SS On this 6th day of tanuary,1986,before me,a Notary Public personally appeared Thomas A.Bolt,who being by me duly sworn, acknowledged Chet a signed the above Power of Attorney as Assistant Vice President of said NATIONAL INDEMNITY COMPANY end acknowledged said instrument to be the voluntary act and deed of said corporation. My Commission expires May 20,1988 OFFICIAL SEAL NANCY M FLORES is NOTARY PUBLIC-CALIFORNIA ((( '�""" MXUN" CERTIFICATION Notary Public,California tl/comm.clam p r0.19BB STATE OF CALIFORNIA COUNTY OF LOS ANGELES 3 SS 1,the undersigned, Assistant Secretary of NATIONAL INDEMNITY INSURANCE COMPANY, a Nebraska Corporation,DO -HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that the By-Laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney, are now In force. Signed and sealed at Pasadena,California Dated the...........10th................ . .. . . _dayof. . ...September,,.1-,.'..F-.,,.'�f.�L_,''.1./.. .. .`/'.,1f.. .._..�','�1�9*�.U�(8J�//1�.�.... QAssistant Secretary 1.ONLY ONE POWER-OF-ATTORNEY MAY BE ATTACHED TO A BOND. 2.POWER-OF-ATTORNEY MUST NOT BE RETURNED TO ATTORNEY-IN-FACT,BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS. 3.THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS,OR BONDS FOR CRIMINAL APPEARANCE. 4,THIS POWER DOES NOT AUTHORIZE TETE EXECUTION OF BONDS FOR LOAN GUARANTEES OR ANY BONDS. OTHER THAN THOSE ENUMERATED ABOVE. NI IINIP01W *RMEASED Bond No. NA 100654 Premium $2,747.00 oA `� a419 r iZ diz4kd to AIAMIA SUBDIVISION FAITHFUL PERFORMANCE BOND Ca4lXed INrMLS �S (GOVERNMENT CODE S 66499 -1) a2 0' 9,/�,/$,��,�,,,4 UBLIC STORM DRAIN IMPROVEMENTS - PHASE II) (dwza WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Marbella Development Comvanv (hereafter designated as "Principal") , have entered into a Sub- division Agreement whereby Principal agrees to install and complete certain designated public improvements , which said Agreement dated , 19 , and identified as Project Tract 12954 is hereby referred to and made a part hereof; and WHEREAS , said Principal is required, under the terms of the said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, we, the Principal and National Indemnity Company -', as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee") , ($183,085.00). in the stmt. of One Hundred Eighty Thr3e-Thousand Eighty Five 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 obli ation shall be null and void; otherwise � , g . 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 ✓ �' Bond No. NA 100654 • t Performance - Page Two addition to the face amount specified, there shall be included costs and reasonable expenses and fees , including reasonable attorney' s fees , incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modifi- cation of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder . 87 Executed this 10th day Of seotember 19A5, at Los Angeles California. PRIM -X ells Dev o ent Company Pr Get, Th Fairway --company neral rtner ( TION AND SEAL) SURETY APPROVED AS TO FORM. National Indemnity Company Ave MargareE. O'Brien, Attorney in Fact JjdhO R. Shaw (NOTARI ATION AND SEAL) it Attorney c/o James Econn 6 Co. 3055 Wilshire Boulevard Los Angeles, California 90010 Paae 2 - SUBDIVISION FAITHFUL PERFORMANCE BOND STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th day of September in the year 1987 before me, Alice M. Stump a Notary Public, State of California, duly commissioned and sworn, personally appeared Jon T. Brown personally known to me (or proved to me on the basis of satisfactory evidence) to be the President of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Jon T. Brown, President, The Fairway Land Company — A General Partner IN WITNESS WHEREOF, I have hereunto set my hand and affiXed my official seal in the Orange County of California on the date set forth above in this certificate. I�A/\L h °v` Notary Public, Stat o California LM commission ex ires Ma 17, 1991 MP Y P YME] litomiANiYp.51171!1 r AAWLEDGMENT OF ANNEXED INSTANT STATE OF CALIFORNIA l COUNTY OF Los Angeles On this 10th day of September in the year 1987 before me, Lisa L. Thornton a Notary Public, State of California, duly commisloned and sworn, personally appeared Margaret E. O'Brien personally known to me (or proved to me on the basis o1 satisfactory evidence) to be the Attorney in Fact of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me.that such corporation executed the same. National Indemnity Company IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal in the Los Angeles County of California on the dale set forth above in this certificate. Notary Pu tic, California i i �H1�1��1H N1♦♦�f�N►�♦��1 OFFICIAL SEAL LISA L. THORNTON My commission expires May 24, 1989 f Notary Public.calit"ia Principal Office in Los Angeles counly p< ��•, My Comm. Exp_May 24, 1999 �-r.s�H�MMMa�NMN�1N N�1� �4's° POWER-OF-ATTORNEY • FOR SUBDIVISION BONDS NATIONAL INDEMNITY COMPANY NGP N4 202543 3024 HARNEY STREET OMAHA,NEBRASKA 68131 KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which it 9 C authorizes executed. It specffies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN, r3} THE AUTHORITY OF THE ATTORNEY-IN-FACT and THE LIABILITYOFTHE COMPANY Q SHALL NOT EXCEED ............TWO Million,Dollars...(V,D00 0DD.00).,_,,,ON ANY ONE BOND,,,,,,,,,,,,,,,,,, USE OF MORE THAN ONE POWER VOIDS THE BOND f NATIONAL INDEMNITY COMPANY, a Nebraska corporation, having its principal office in the City of Omaha, state of Nebraska, does hereby make, constitute and appoint James W. Econn, Donald Killian III, Margaret E. O'Brien, Linda C Sciaini, and Barry M. Sullock in the City of LOS ANGELES,County of LOS ANGELES,State of CALIFORNIA,its true and lawful attorney-in-fact,at LOS ANGELES,in the State of CALIFORNIA to make,execute,seal and deliver for and on its behalf, m and as its act and deed,only the following classes of Subdivision Bonds:Subdivision Improvement including Performance and Labor s and Materials; Subdivision Inspection; Subdivision Survey or Monument; Subdivision Tax; Subdivision Warranty; Completion C Common Facilities;Maintenance Assessment;Release of Mechanic's Lien;Release of Stop Notice;License or Permit Bonds required �f In connection with the subdivision (or subdivision related); Bonds required by F.H.A. or other similar government agencies; a Conversion tax or fee;Advance Payments required by Federal,State,County,Municipal Authority,or other obligees,provided that BJ' the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sum shown J above. 33 THIS POWER VOID IF ALTERED OR ERASED This power Is not valid unless used before December 31, 1988 The acknowledgement and execution of any such document by said Attorney-in-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. yyy This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of NATIONAL INDEMNITY COMPANY at a meeting duly called and held on the 3rd day of January,AS& RESOLVED,that the President,or any Vice President,or Assistant Vice President,of the Company,be,and that each of any of them hereby is,authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on in behalf of NATIONAL INDEMNITY COMPANY,bds,undertakings and all Contracts of suretyship;and that any Secretary or any Assistant Secretary be,and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures of such officers and the seal of the Company maybe affixed to any such Power of Attorney or to any certificate relating IT, by facsimile, and any such Power of Attornev or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof NATIONAL INDEMNITY COMPANY has caused its official seal to be hereunder affixed,and these presents to be signed by its Assistant Vim President and attested by its Assistant Secretary this 6th day of January,1986. ATTEST NATIONAL INDEMNITY COMPANY Z Assistant Secretary BY o v Assistant Vice President STATE OF CALIFORNIA ll COUNTY OF LOS ANGELES I SS On this 6th day of January,1986,before me,a Notary Public personally appeared Thomas A.Bolt,who being by me duly mom, acknowled ] that he signed the above Power of Attorney as Assistant Vice President of said NATIONAL INDEMNITY COMPANY and acknowledged said instrument to be the voluntary act and deed of said Corporation. My Commission expires May 20,1988 OFFICIAL SEAL NANCY M FLORES NOTARr"BLIC-CALIFORNIA • LOS ANGELES COUNTY CERTIFICATION Notary Public,California Eb wm.Winn M!!.!!M 1988 A STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS 1, the undersigned,Assistant Secretary of NATIONAL INDEMNITY INSURANCE COMPANY,a Nebraska Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that the By-Laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney, are now in force. Signed and sealed at Pasadena,California Dated the... ...........10th.. .. . .. . .day of.. ...Septembner.. ..... ..... ....... . .. 19..8.�..... . .... ..... .. . .. . . . aAssistant Secretary V•�LAL�t 1.ONLY ONE POWER-OF-ATTORNEY MAY BE ATTACHED TO A BOND. �xJ 2.POWER-OF-ATTORNEY MUST NOT BE RETURNED TO ATTORNEY-IN-FACT,BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS. 3.THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS,OR BONDS FOR CRIMINAL APPEARANCE. 4.THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES OR ANY BONDS. OTHER THAN THOSE ENUMERATED ABOVE. N]I181P 11188) Q •Bond No. $2 Premium $2,747.00747.00 `ASE® SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE S 66499 .1) UBLIC STORM DRAIN IMPROVEMENTS - PHASE II) yWD:WHEREAS the City Council of the City of San Juan Capistrano , lmTIAAof California, and Marbella Development Comvanv (hereafter designated as "Principal") , have entered into a Sub- division Agreement whereby Principal agrees to install and complete certain designated public improvements , which said Agreement dated , 19 , and identified as Project Tract 12954 is hereby referred to and made a part hereof; and WHEREAS, said Principal is required, under the terms of the said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW, .THEREFORE, we, the Principal and National Indemnity Company = , as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee") , in the a1= Of One Hundred EighCv. Thr3r Thousand Eishty Five and No/100ths ***** 08**00*. Dollars, lawful money of the Unfted 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 41PBond No. NA 100654 47Performance - Page Two addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney' s fees , incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modifi- cation of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder . 87 Executed this 10th day Of September 1945, at Los Angeles California, PRINCIPAL :garb Ila D opment Company ent, T e Fairway Land Company Gener Partner ( ZATION AND SEAL) SURETY APPROVED AS TO FORM. National Indemnity Company Marga t E. O'Brien, Attorney in Fact (NOT ZATION AND SEAL) JWWR. Shaw it Attorney c/o James Econn & Co. 3055 Wilshire Boulevard Los Angeles, California 90010 Paae 2 - SUBDIVISION FAITHFUL PERFORMANCE BOND STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th day of September in the year 1987 before me, Alice M. Stump , a Notary Public, State of California, duly commissioned and sworn, personally appeared Jon T. Brown personally known to me (or proved to me on the basis of satisfactory evidence) to be the President of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Jon T. Brown, President, The Fairway Land Company — A- General Partner IN WITNESS WHEREOF, I have hereunto set my hand and affi$id my official seal in the Orange County of California on the date set forth above in this certificate. Notary Public, State oo California OFFICIAL SEAL ALICE M.STUMP My commission expires May 17, 1991 � Norary Yo0nc California ONANGE COUNTY My Commission Exp.5177191 AAWLEDGMENT OF ANNEXED INSTANT STATE OF CALIFORNIA Los Angeles )} u.. COUNTY OF On this 10th day of September in the year 1987 before me, Lisa L. Thornton a Notary Public, State of California, duly commisloned and sworn, personally appeared Margaret E. O'Brien personally known to me (or proved to me on the basis of satisfactory evidence) to be the Attorney in Fact of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me.that such corporation executed the same. National Indemnity Company IN WITNESS WHEREOF, I have hereunto eel my hand and affixed my official seal in the Los Angeles County of California on the date set forth above in this certificate. tary Publi , State of California ° OFFICIAL SEAL ♦ My commission expires May 24, 1989 a LISA L. THORNTON ',�, Notary PublicCalifornia •s° Principal office In 4 � " Los Angeles County 4 '•e•;,, •_. My Comm. Exp, May 24, 1989 r.gne • POWER-OF-ATTORNEY • FOR SUBDIVISION BONDS NATIONAL INDEMNITY COMPANY NGP N9 202543 3024 HARNEY STREET OMAHA,NEBRASKA 68131 KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which it CCQ authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN, 7 THE AUTHORITY OF THE ATTORNEY-IN-FACT and } THE LIABILITY OF THE COMPANY Mollars (52,000,000.00 SHALL NOT EXCEED ......... .,Tw..o....illion......D .......... ... ....... ......4N.ANYONE PQNQ............. ... . USE OF MORE THAN ONE POWER VOIDS THE BOND NATIONAL INDEMNITY COMPANY, a Nebraska corporation, having its principal office in the City of Omaha, state of Nebraska, does hereby make, constitute and appoint James W. Econn, Donald Killian III, Margaret E. O'Brien, Linda Sciaini, and Barry M. Sullock in the City of LOS ANGELES,County of LOS ANGELES,State of CALIFORNIA,its true and 14 lawful attorney-in-fact,at LOS ANGELES,in the State of CALIFORNIA to make,execute,seal and deliver for and on its behalf, m and as its act and deed,only the following clsses of Subdivision Bonds:Subdivision Improvement including Performance and Labor • and Materials; Subdivision Inspection; Subdivision Survey or Monument; Subdivision Tax; Subdivision Warranty; Completion C Common Facilities;Maintenance Assessment;Release of Mechanic's Lien;Release of Sto?Notice;License or Permit Bonds required in connection with the subdivision (or subdivision related); Bonds required by FHA. or other similargovernment agencies; Conversion tax or fee;Advance Payments required by Federal,State,County,Municipal Authority,or other obligees,provided that S the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sum shown J above. i3 THIS POWER VOID IF ALTERED OR ERASED This power Is not valid unless used before December 31, 1986 The acknowledgement and execution of any such document by said Attorney-in-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. 9, This Power of Attorneyis granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board ofDirectorsof NATIONAL INDEMNITY COMPANY at a meeting duly called and held on the 3rd day of January,1986: RESOLVED,that the President,or any Vice President,or Assistant Vice President,of the Company,be,and that each of any of them hereby is,authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute I. behalf of NATIONAL INDEMNITY COMPANY,bonds,undertakings and all contracts of suretyship;and that any Secretary or any Assistant Secretary be,and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures 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 tfie Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof NATIONAL INDEMNITY COMPANY has caused its official seal to be hereunder affixed,and these presents to be signed by its Assistant Vice President and attested by its Assistant Secretary this 6th day of January,1986. ATTEST NATIONAL INDEMNITY COMPANY _ lstent Secretary BY Z�///`/�� �J r' Assistant Vice President STATE OF CALIFORNIA ii COUNTY OF LOS ANGELES J SS On this 6th day of January,1986,before me,a Notary Public personally appeared Thomas A.Bolt,who being by me duly sworn, acknowledged that he signed the above Power of Attorney as Assistant Vice President of said NATIONAL INDEMNITY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. My Commission expires May 20,1988 OFFICIAL SEAL NANCY M FLORES N01AW PUMIC-MWORNIA 105 ANGELES COUNTYCERTIFICATION Notary Public,California Mr mmm..0.MAY M 194 STATE OF CALIFORNIA COUNTY OF LOS ANGELES J SS 1,the undersigned,Assistant Secretary of NATIONAL INDEMNITY INSURANCE COMPANY, a Nebraska Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that the By-Laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney, are now in force. Signed and sealed at Pasadena,California Dated the. ..........10th. ....... ........ . . ... . . . dayof. _..September.t.',.'�.,A'.,.'('y..�.I`.''.y. , ..... .�'�'1�9*ll�( " $�X1/7�.... /V Assista t Secretary 1.ONLY ONE POWER-OF-ATTORNEY MAY BE ATTACHED TO A BOND. VVV 2.POWER-OF-ATTORNEY MUST NOT BE RE7'URNED'r0.4L1'TOIINEY-IN-FACT,BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS. 3.THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS,OR BONDS FOR CRIMINAL APPEARANCE. 4.THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES OR ANY BONDS. OTHER THAN THOSE ENUMERATED ABOVE. NI I191P o lAa1 • • Bond No. NA 100654 RELEASED Premium Included DATE LABOR AND MATERIAL BOND INITIALS C STORM DRAIN IMPROVEMENTS - PHASE II) KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to Marbella Development Company License No. , hereinafter designated as "Principal", a contract for Tract 12954 ; and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we Marbella Development Company , Principal, and National Ihdemnity Company , as surety, are held firmly bound unto. the City of San Juan Capistrano, a municipal corporation, in the penal sum of One Hundred Eighty Three Thousand Eighty Five and No/100t1t8OLLARS ($183,085.00, lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub-contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 3, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the 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 obligation on 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. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. ANo. NA 100654 • & & Material - Page Two 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 10th day of September , 19__&L_. 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. Marbella D to ment Company PRjPiC,IPA P ent, he Fairway Land Company A Gener Partner ation indemnity Company ETY By '!�J- ct9 . marg�aret E-6,brien, Attorney ink act APPROVED AS TO FORM c/o James Econn & Co. 3055 Wilshire Boulevard Los Angeles, California 90010 IL J0ffNjR. SHAW, CITY ATTORNEY STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th day of September in the year 1987 before me, Alice M. Stump a Notary Public, State of California, duly commissioned and sworn, personally appeared Jon T. Brown personally known to me (or proved to me on the basis of satisfactory evidence) to be the President of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Jon T. Brown, President, The Fairway Land Company - A General Partner IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Orange County of California on the date set forth above in this certificate. Notary Public, State ov California :ALICE IOIALBEAL My commission expires May 17, 1991 M.STUMP`� ioDllc C"torniaNGE COUNiYMy SIOn EZD.5117/91 AMOWLEDGMENT OF ANNEXED INSTR0ENT STATE OF CALIFORNIA COUNTY OF Los Angeles 58 On this 10th day of September in the year 1987 before me, Lisa L. Thornton a Notary Public. Slate of California, duly commisioned and sworn, personally appeared Margaret E. O'Brien personally known to me (or proved to me on the basis of satisfactory evidence) to be the Attorney in Fact of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me.that such corporation executed the same. National Indemnity Company IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Los Angeles County Of California on the date set forth above in this cenificate. 4s,�,yy....a...HH....o.�....•��� No ry Public State o ahlorma y„_u OFFfCiAL SEAL y j"` •�+`T LISA L THORNTON o !"i^.�T? Notary PublioCafifornia ;i o Prmctpai OM¢e in My commission expires May 24, 1989 i '' Los Angeles County A ' • • POWER-OF-ATTORNEY • FOR SUBDIVISION BONDS NATIONAL INDEMNITY COMPANY NGP N° 202543 3024 HARNEY STREET OMAHA,NEBRASKA 08131 KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which it y authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN, 7. THE AUTHORITY OF THE ATTORNEYAN-FACT and THE LIABILITY OF THE COMPANY Q p SHALL NOT EXCEED ............TWO MI... ..Oil... �S.2,000,000,00),.,,,,pN A.NY ONE.BO.ND,,, ,,, ,,, ,,,,,, s� USE OF MORE THAN ONE POWER VOIDS THE BOND NATIONAL INDEMNITY COMPANY, a Nebraska corporation, having its principal office in the City of Omaha, state of Nebraska, does hereby make, constitute and appoint James W. Econn, Donald Killian 111, Margaret E. O'Brien, Linda O Soiainl, and Barry M. Sullock in the City of LOS ANGELES,County of LOS ANGELES,State of CALIFORNIA,its true and lawful attorney-in-fact,at LOS ANGELES,in the State of CALIFORNIA to make,execute,seal and deliver for and on its behalf, m and as its act and deed,only the following classes of Subdivision Bonds:Subdivision Improvement including Performance and Labor • and Materials; Subdivision Inspection; Subdivision Survey or Monument; Subdivision Tax; Subdivision Warranty; Completion C Common Facilities;Maintenance Assessment;Release of Mechanic's Lien;Release of Stop Notice;License or Permit Bonds required in connection with the subdivision (or subdivision related); Bands required by F.H.A. or other similar government agencies; Conversion tax or fee;Advance Payments required by Federal,State,County,Municipal Authority,or other obligees,provided that the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sum shown J above. i3 THIS POWER VOID IF ALTERED OR ERASED This power Is not valid unless used before December 31, 1988 The acknowledgement and execution of any such document by said Attorney-in-Fact shall be as binding upon the Company as If such bond had been executed and acknowledged by the regularly elected officers of this Company. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of NATIONAL INDEMNITY COMPANY at a meeting duly called and held on the 3rd day of January,1988; RESOLVED,that the President,or any Vice President,or Assistant Vice President,of the Company,be,and that each of any of them hereby is,authorized to execute Powers of Attorney qualif ing the attorney named in the given Power of Attorney to execute in behalf of NATIONAL INDEMNITY COMPANY bonds,undertakings and all contracts of suretyship;and that any Secretary or any Assistant Secretary be,and that each or any of Mem hereby Is authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures 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 and in the future with respect to any bond. undertaking or contract of suretyship to which it is attached." In Witness Whereof NATIONAL INDEMNITY COMPANY has caused its official seal to be hereunder affixed,and these presents to be signed by its Assistant Vice President and attested by its Assistant Secretary this 8th day of January, 1988. ATTEST NATIONAL INDEMNITY COMPANY _ Z �- Assistant Secretary BY v Assistant Vice President STATE OF CALIFORNIA t COUNTY OF LOS ANGELES J SS On this 8th day of anuary, 1988,before me,a Notary Public personally appeared Thomas A.Bolt,who bem by me dolt'sworn, acknowledged that �e signed the above Power of Attorney as Assistant Vice President of said NATIONAL INDEMNITY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. My Commission expires May 20,1988 OFFICIAL SEAL NANCY M FLORES • NOTARY PUBLIC-CALIFORNIA LOS ANGELES MUNN Notary Public,California er"..waa WY 2k Ism CERTIFICATION STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS 1, the undersigned, Assistant Secretary of NATIONAL INDEMNITY INSURANCE COMPANY, a Nebraska Corporation,DO -HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that the By-Laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney, are new in force. Signed and sealed at Pasadena,California Dated the........... 10th............ ._ .... .. .. .day of... ..September .. .. ... .. 19, Q .��� *�11�(8�/�7/�.�. QAssistant Secretary 1.ONLY ONE POWER-OF-ATTORNEY MAY BE ATTACHED TO A BOND. 2.POWER-OF-ATTORNEY MUST NOT BE RETURNED TO ATTORNEY-IN-FACT,BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS. 3.THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS,OR BONDS FOR CRIMINAL APPEARANCE. 4.THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES OR ANY BONDS. OTHER THAN THOSE ENUMERATED ABOVE. NI MINIM) P1 41 Bond No. NA 100657 Pr m $2,898.00 Ap W.?,t SOO.06 PERFORMANCE BOND �GS " (PRIVATE STORM DRAIN IMPROVEMENTS - PHASE III) KNOW ALL MEN BY THESE PRESENTS: That Marbella Development Company , as Principal, hereinafter called CONTRACTOR, and National Indemnity Company as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of One Hundred Ninety Three � a8Thousand One Hundred Forty Three $r,93�lo s******Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated , entered into a (describe agreement): Development Agreement with the City of San Juan Capistrano providing in part that Developer perform certain improvements relating to Tract 12954 as shown above, which contract is by reference made a part hereof; NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. RELEASED BE IT FURTHER RESOLVED, that: DATE gla4 kil INMALS d/yl-&- 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. r Bon' *o. NA 100657 PerWance - Page Two 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this loth day of September 19 87 at Los Angeles California. PRINCIPAL Marbella velo ment Company B Pent The Fairway Land Company Ate al Partner APPROVED AS TO FORM (NOTA ZATION AND SEAL) /it „�,,,� , , Jrlur, R. SHAW, CITY ATTORNEY SURETY National Indemnity Company B , Marga re E. O'Brien, Attorney in Fact (NOTARIZ TION AND SEAL) c/o James Econn & Co. 3055 Wilshire Boulevard Los Angeles, California 90010 STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th day of September in the year 1987 before me, Alice M. Stump a Notary Public, State of California, duly commissioned and sworn, personally appeared Jon T. Brown personally known to me (or proved to me on the basis of satisfactory evidence) to be the President of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Jon T. Brown, President, The Fairway Land Company - A General Partner IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Orange County of California on the date set forth above in this certificate. Notary Public, State of California LMPMmiarr My commission expires May 17, 1991 Am 5/17/97 AISOWLEDGMENT OF ANNEXED INSTf&NT STATE OF CALIFORNIA COUNTY OF Los Angeles On this 10th day of September in the year 1987 before me, Lisa L. Thornton a Notary Public, Slate of California, duly commisloned and sworn, personally appeared _ Margaret E. O'Brien personally known to me (Or proved to me on the basis of satisfactory evidence) to be the Attorney in Fact of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me.thal such corporation executed the same. National Indemnity Company IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Los Angeles County of California on the date set forth above in this Certificate. Notary Pu lic, tate of California OFFICIAL SEAL .ry 4 1 LISA L THORNTpN My commission expires May 24, 1989 ' Z' ,D Notary Public California pp '� Principal office In 3 �• los Angeles County My Comm. Exp. May 24, 1989 A A-sw}O}}{}{HN M1{�M�N{{{�♦ I�1D . POWER-OF-ATTORNEY • FOR SUBDIVISION BONDS NATIONAL INDEMNITY COMPANY NGP N4 202546 3024 HARNEY STREET OMAHA,NEBRASKA 68131 KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which it authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN, THE AUTHORITY OF THE ATTORNEY-IN-FACT and THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ........I...TWO Million,DOIIars...02,M QQQ;QQ).,,,,_QN ANY.QNE.QQNp,,,, USE OF MORE THAN ONE POWER VOIDS THE BOND f NATIONAL INDEMNITY COMPANY, a Nebraska corporation, having its principal office in the City of Omaha, state of Nebraska, does hereby make, constitute and appoint James W. Eeonn, Donald Killian III, Margaret E. O'Brien, Linda Sciaini, and Barry M. SUlloek in the City of LOS ANGELES,County of LOS ANGELES,State of CALIFORNIA,its true and lawful attorney-in-fact,at LOS ANGELES,in the State of CALIFORNIA to make,execute,seal and deliver for and on its behalf, m and as its act and deed,only the following classes of Subdivision Bonds:Subdivision Improvement including Performance and Labor s and Materials; Subdivision Inspection; Subdivision Survey or Monument; Subdivision Tax; Subdivision Warranty; Completion C Common Facilities;Maintenance Assessment;Release of Mechanic's Lien;Release of Stop Notice;License or Permit Bonds required Lsr in connection with the subdivision (or subdivision related); Bonds required by F.H.A. or other similar govermnent a encies; Conversion tax or fee;Advance Payments required by Federal,State,County,Municipal Authority,or other obligees,provided that rr the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sum shown above. THIS POWER VOID IF ALTERED OR ERASED This power is not valid unless used before December 31, 1988 The acknowledgement and execution of any such document by said Attorney-tn-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. - 9, This Power of Attorneyis granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of NATIONAL INDEMNITY COMPANY at a meeting duly called and held on the 3rd day of January,1986: RESOLVED,that the President,or any Vice President,or Assistant Vice President,of the Company,be,and that each of any of them hereby is,authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute (� in behalf of NATIONAL INDEMNITY COMPANY bonds,undertakings and all contracts of suretyship;and that any Secretary or !S any Assistant Secretary be,and that each or any of them hereby Is authorized to attest the execution of any such Power of Attorney, and to attach thereto the seat of the Company. FURTHER RESOLVED,that the signatures 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 and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof NATIONAL INDEMNITY COMPANY has caused its official seal to be hereunder affixed,and these presents to be signed by Its Assistant Vice President and attested by Its Assistant Secretary this 6th day of January,1986. ATTEST NATIONAL INDEMNITY COMPANY _ Assistant Secretary BY G vv Assistant Vice President STATE OF CALIFORNIA ll COUNTY OF LOS ANGELES J SS On this 6th day of January,1986,before me,a Notary Public personally appeared Thomas A.Bolt,who being by me dui sworn, acknowledged that he signed the above Power of Attorney as Assistant Vice President of said NATIO AI, INDEYMNITY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. My Commission expires May 20,1988 LeOFFICIAL SEAL NANCY M FIO,2ES N°TAar OVeIIC-GllreaNlA arum vae`M"m ,sea CERTIFICATION Notary Public,California STATE OF CALIFORNIA COUNTY OF LOS ANGELES J SS 1,the undersigned,Assistant Secretary of NATIONAL INDEMNITY INSURANCE COMPANY,a Nebraska Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that the By-Laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney, are now in force. Signed and sealed at Pasadena,California 10th Se tember 87 Dated the............ ................... .. ..... . ..day of. . . .. ...�.... .. .�".,'.','s.t—,'.'o.�I`'.1.Q/. ...Q. .. . . . . .C�,'�19�W�C.�X1/.�..�.. .. 4 Assistant Secretary 1.ONLY ONE POWER-OF-ATTORNEY MAY BE ATTACHED TO A BOND. 2.POWER-OF-ATTORNEY MUST NOT BE RETURNED TO ATTORNEY-IN-FACT,BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS. 3.THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS,OR BONDS FOR CRIMINAL APPEARANCE. 4.THIS POWER DOES NOT AUTHORIZETHE HE EXECUTION OF BONDS FOR LOAN GUARANTEES OR ANY BONDS. OTHER THAN THOSE ENUMERATED ABOVE. N11]SIP I ueel Bon No. NA 100657 Prom $2,898.00 LLEA6L J PERFORMANCE BOND (PRIVATE STORM DRAIN IMPROVEMENTS - PHASE III) DATE KNOW ALL MEN BY THESE PRESENTS: INITIALS That Marbella Development Company , as Principal, hereinafter called CONTRACTOR, and National Indemnity Company as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of one Hundred Ninety Three Thousand One Hundred Forty Three(and3Ao/l68'tL****** Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated entered into a (describe agreement): Development Agreement with the City of San Juan Capistrano provid#+na in part that Developer perform certain improvements relating to Tract 12954 as shown above, which contract is by reference made a part hereof; NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Bo 0. NA 100657 PeWmance - Page Two 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive -notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this 10th day of September 19 87 at Los Angeles , California. PRINCIPAL Marbella pment Company ent, a Fairway Land Company A Gener Partner APPROVEDAS TO FORM (N AR ON AND SEAL) a �( + JoNrR. SHAW, CITY ATTORNEY SURETY National Indemnity Company Margaret E. O'Brien, Attorney in Fact (NOTARIZATION AND SEAL) c/o James Econn & Co. 3055 Wilshire Boulevard Los Angeles, California 90010 STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th day of September in the year 1987 before me, Alice M. Stump , a Notary Public, State of California, duly commissioned and sworn, personally appeared Jon T. Brown personally known to me (or proved to me on the basis of satisfactory evidence) to be the President of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Jon T. Brown, President, The Fairway Land Company - A General Partner IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the Orange County of California on the date set forth above in this certificate. — a 2A.T Notary Public, State of C ifornia ,+ OFFICIAL SERL ALICE M.STUMP "' Noury Public GSIIfKmi OMNOE COUNTY My Commission Ezp.$117191 My commission expires May 17, 1991 r A01OWLEDGMENT OF ANNEXED INSTSENT STATE OF CALIFORNIA COUNTY OF Los Angeles On this 10th day of September in the year 1987 before me, Lisa L. Thornton a Notary Public, Stale of California, duly commisioned and sworn, personally appeared Margaret E. O'Brien personally known to me (or proved to me on the basis of satisfactory evidence) to be the _ Attorney in Fact of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me.that Such corporation executed the same. National Indemnity Company r m hand and affixed m official seal in the I have hereunto set IN WITNESS WHEREOF. Y Y Los Angeles County of California on the date set forth above in this certificate. Notary P blic, allfornia .�'.*.O..MNH............H My commission expires May 24, 1989 OFFICIAL SEAL LISA L. THORNTON Notary 1.b Calitwnia Principal Office In Los Angeles County •� My Comm. Exp. May 24, 1989 MM1..MHfHN....♦ "4L.0 POWER-OF-ATTORNEY FOR SUBDIVISION BONDS NATIONAL INDEMNITY COMPANY - NGP NQ 202546 3024 HARNEY STREET OMAHA,NEBRASKA 68131 KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which it authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN, THE AUTHORITY OF THE ATTORNEY-IN-FACT and 19 THE LIABILITY OFTHE COMPANY SHALL NOT EXCEED ............TWO MIIIi0n,D011a.rS.. ($2,QQ%000,QQ),.,,,.QN ANYONE,BOND.................. USE OF MORE THAN ONE POWER VOIDS THE BOND g NATIONAL INDEMNITY COMPANY, a Nebraska corporation, having its principal office in the City of Omaha, state of g Nebraska, does hereby make, constitute and appoint James W. Econn, Donald Killian III, Margaret E. O'Brien, Linda P Sciaini, and Barry M. Sullock in the City of LOS ANGELES,County of LOS ANGELES, State of CALIFORNIA,its true and .� lawful attorney-in-fact,at LOS ANGELES,in the State of CALIFORNIA to make,execute,seal and deliver for and on its behalf, m and as its act and dced,only the following classes of Subdivision Bonds:Subdivision Improvement including Performance and Labor O and Materials; Subdivision Inspection; Subdivision Survey or Monument; Subdivision Tax; Subdivision Warranty; Completion Common Facilities;Maintenance Assessment;Release of Mechanic's Lien;Release of Stop Notice;License or Permit Bonds required in connection with the subdivision (or subdivision related); Bonds required by F.H.A. or other similar government agencies; Conversion tax or fee;Advance Payments required by Federal,State,County,Municipal Authority,or other obligees,provided that g' the liability of the Company as surety on any such bond executed under this authority shall not in any event exceed the sum shown J above. i3 THIS POWER VOID IF ALTERED OR ERASED This power Is not valid unless used before December 31, 1988 The acknowledgement and execution of any such document by said Attorney-in-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. This Power of Attorneyis granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board ofDirectorsof NATIONAL INDEMNITY COMPANY at a meeting duly called and held on the 3rd day of January,1986: RESOLVED,that the President,or any Vice President,or Assistant Vim.President,of the Company,be,and that each of any of them hereby is,authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of NATIONAL INDEMNITY COMPANY,bonds,undertakings and all Contracts of suretyship;and that any Secretary or any Assistant Secretary be,and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto b,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 and in the future with respect to any bond, �! undertaking or contract of suretyship to which it is attached." In Witness Whereof NATIONAL INDEMNITY COMPANY has caused its official seal to be hereunder affixed,and these presents 93a to be signed by its Assistant Vice President and attested by its Assistant Secretary this 6th day of January,1986. ATTEST NATIONAL INDEMNITY COMPANY Assistant Secretary BY / v �ssistant Vice President STATE OF CALIFORNIA ll COUNTY OF LOS ANGELES I SS On this 6th day of Ianuary, 1986,before me,a Notary Public personally appeared Thomas A.Bolt,who being by me duly sworn, acknowledged that he signed the above Power of Attorney as Assistant Vice President of said NATIONAL INDEMNITY COMPANY and acknowledged said instrument to be the voluntary act and deed of said Corporation. My Commission expires May 20,1988 OFFICIAL SEAL NANCY M FLORES • NOTAW PUBLIC •eALIF00.NlA CERTIFICATION WS enBcsusrr Notary Public,California Mv cpn..awl.Mer m.19a STATE OF CALIFORNIA 1 Il COUNTY OF LOS ANGELES I SS I, the undersigned,Assistant Secretary of NATIONAL INDEMNITY INSURANCE COMPANY,a Nebraska Corporation,DO -HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that the By-Laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Power of Attorney, are now in force. Signed and sealed at Pasadena,California Dated the. ... .. ... 10th ..dayof. September 87 . .. ..... . .. .. . .. . .... .... .-,.t'.,."t.,�Assistant .. .. . .... ..... . . .19 . ..... Secretary 1.ONLY ONE POWER-OF-ATTORNEY MAY BE ATTACHED TO A BOND. 2.POWER-OF-ATTORNEY MUST NOT BE RETURNED TO ATTORNEY-IN-FACT,BUT SHOULD REMAIN A PERMANENT PART OF THE OBLIGEE'S RECORDS. 3.THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXERT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS,OR BONDS FOR CRIMI APPEARANCE. 4.THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANT OTHER THAN THOSE ENUMERATED ABOVE. NI I]BIP(1/88)