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1997-0131_MARBELLA VILLAS LLC_Subdivision Improvement Agreement"w • LLC AUTHORIZATION The undersigned member of Marbella Villas, a California limited liability company ("LLC") certifies the following: (a) Tropez Development, LLC ("Tropez") is the sole managing member of the LLC. (b) Pursuant to the Operating Agreement for Marbella Villas, LLC dated June 13, 1996, the members caused the LLC to enter into the following bonds ("Bonds") relative to developing of Tract number 14181: (1) Contract Bond -California Faithful Performance - Public Work for Monumentation in the amount of $4,000:00; (2) Subdivision Faithful Performance Bond and Subdivision Labor and Material Bond for certain designated public improvements in the amount of $154,124.00 (3) Subdivision Faithful Performance Bond and Subdivision Labor and Material Bond for certain designated public improvements in the amount of $74,992.00. (4) Subdivision Faithful Performance Bond and Subdivision Labor and Material Bond for certain designated public improvements in the amount of $200,722.00; (5)Subdivision Faithful Performance Bond and Subdivision Labor and Material Bond for certain designated public improvements in the amount of $51,590.00. (c) PHD Homes, Inc. ("PHO") as the Managing Member of Tropez, and Tropez as the Managing Member of the LLC, are authorized in the name 'of and on behalf of the LLC to do the following: (1) sign and deliver the Bonds and all other related documents;and (2) perform all acts and execute and deliver all written instruments and agreements that the City of San Juan Capistrano ("City") deems necessary to accept the Bonds. (d) The authority conferred will be deemed retroactive and any authorized acts that were performed prior to the TCB Engineering, Inc. 24475 Mayhew Road Corona, CA 91719 (909) 277-1700 (909) 277-9117 FAX Lic. # 702411 0 January 6, 1999 Ms. Dawn Schanderl CITY CLERK CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RE: REQUEST TO HOLD BONDS TRACT #14181 Dear Ms. Schanderl: X000.30 RECEIVED Jae This letter confirms and memorializes my conversation with Mr. Shoucair today. TCB Engineering, Inc. provided labor and materials for installation of sewer, water and storm drain on the above -referenced project for which TCB has not been paid. TCB continues to seek payment from the owner but was forced to lien (and re -lien) the property. (A copy of I en is enclosed for your records.) TCB Engineering respectfully requests the City to refrain from releasing the appropriate bonds) pending resolution of this matter. Thank you for your assistance and cooperation. Sincerely, Zdonuncon, D� TCB ENGINEERING, INC. Contracts Administrator cc: Kristie Davids Gary Schrader ka's C©��/ /td [.J t L �Oe (2 A'. • •• .:.W44. RECORDED AT REQUEST OF AND RETURN TO: City of San Juan Capistrano City Clerk's Office 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RECORDING FEES EXEMPT DUE TO G NMENT ZZION 6103 vy� Cheryl Johnson Ity Wrk San Juan Capistrano, CA 0 Recorded in the county of orange, California Gary L. Granville, Clerk/Recorder 111lMn `�� No Fee 19990655675 3;47pm 09/10/99 005 24017463 24 56 W2 1 6.00 0.00 0.00 0.00 0.00 0.00 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that an agreement between the City of San Juan Capistrano and Marbella Villas, LLC, 15707 Rockfield Boulevard, Suite 225, Irvine, California, Developer of Tract 14181, requires the Developer to complete the following, to wit: Construction of Public and Private Improvements in Conjunction with the Development of Tract 14181, in the City of San Juan Capistrano. That said work was completed on July 1, 1999, 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 7th day of September, 1999, by Resolution No. 99-9-7-1. r That upon said agreement, Frontier Pacific Insurance Company was surety for the bonds given by the said company as required by law, in the amount of $485,458, for Tract 14181. Dated at San Juan Capistrano, California, this 7th day of September, 1999. 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 Clerk. Dated at San Juan Capistrano this 7th day of September, 1999. City of San Juan Capistrano Recording Requested by and When Recorded Mail To: City of San Juan Capistrano Attention: City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Cheryl Johns , Cit Clerk City of San Juan Capistrano Recorded in the county of orange, California Gary L. Granville, Clerk/Recorder 19970178558 11:22am 04/18/97 005 24005755 24 63 R12 16 7.00 45.00 0.00 0.00 0.00 0.00 SUBDIVISION IMPROVEMENT AGREEMENT 17 SUBJECT: FINAL MAP - TRACT 14181 L,(, THIS AGREEMENT is between the City of San Juan Capistrano, a municipal corporation, State of California, hereinafter referred to as "City" and Marbella Villas, LLC, whose mailing I !'f address is 15707 Rockfield Blvd., Ste 255, Irvine, California 92618, hereinafter referred to as "Subdivider": WHEREAS, the tentative map application was conditionally approved by Resolutions No. 91-5-21-5 and 93-7-6-3; and WHEREAS, Subdivider is the owner of that certain parcel of land situated in the City of San Juan Capistrano, Orange County, generally known and described as Tract 14181 and Subdivider proposes to do and perform certain work of improvement thereon as hereinafter set forth; and WHEREAS, City desires to assure that said proposed improvements will be done in a good workmanlike manner and in accordance with the laws now in force and effect in the City of San Juan Capistrano, California, the terms and conditions of which are incorporated herein by reference; and WHEREAS, Subdivider declares that he is familiar with the pertinent regulations contained in the City Code and in the Subdivision Map Act (Government Code Sections 66410 to 66500) and agrees to comply therewith; and WHEREAS, a Final Map of said subdivision, prepared in accordance with the City's Subdivision Ordinance, has been filed by Subdivider with City for approval by the City Council; NOW THEREFORE, in consideration of the approval and acceptance by the City Council of City of said Final Map arid the acceptance of easements therein offered for dedication for street and other public purposes and the covenants herein contained, the parties hereto mutually covenant and agree as follows: Subdivider shall, at his own cost and expense, provide all required tests, design work, equipment, materials and labor in order to complete all of the works of improvement (the "Works of Improvement"), set forth in Exhibit "A", to the satisfaction of the City Engineer. A. Subdivider shall, at all times beginning with the execution of this agreement, guarantee Subdivider's performance of this agreement by providing City with the following security instruments (the "Security Instruments"), as required by the State Subdivision Map Act, on forms approved by City for the purposes and in the amounts as follows: (i) A Faithful Performance Bond to ensure faithful performance of this agreement in regard to said improvements in the amount of 100% of the estimated cost of construction of the improvements; and (ii) A Labor and Materials Bond to secure payment to any contractor, subcontractor, persons renting equipment or furnishing labor or materials for the improvements required to be constructed or installed pursuant to this agreement in the additional amount of 100% of the estimated cost of construction of the improvements; and (iii) A Subdivision Monument Bond in the amount of 100% of the estimated cost of setting subdivision monuments as shown in Exhibit A„ B. In order to guarantee and warranty the Works of Improvement and in addition to the security instruments referenced in Paragraph 2(A) above, Subdivider shall provide to City the following Security Instruments: (i) Prior to the City's final acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall provide to City a Warranty Bond for Works of Improvement warranting the accepted Works of Improvement for a period of one (1) year following said acceptance against any defective work or labor done or defective material fiunished. The amount of such Warranty Bond for Works of Improvement shall be equal to twenty-five percent (25%) of the estimated construction cost set forth in Exhibit "A", or a suitable amount determined by the City Engineer. SUBIMPAG.FRM/12-4-95 -2- 0 (ii) Prior to the City's final acceptance of the landscape and irrigation Works of Improvement, Subdivider shall provide a Landscape and Irrigation Warranty Bond warranting the landscape and irrigation Works of Improvement for a period of (1) year following said acceptance against any defective work or labor done or defective material furnished for any reason other than improper maintenance. The amount of such Landscape and Irrigation Warranty Bond shall be equal to twenty percent (20%) of the landscape architect's estimated construction cost, or a suitable amount determined by the City's Director of Engineering and Building. The Landscape and Irrigation Warranty Bond shall be held by the development's Homeowners' Association ("HOA"). If this development is not subject to the formation of a HOA, then the Landscape and Irrigation Warranty Bond (if determined to be applicable by the Director of Engineering and Building) shall be held by the City. All Security Instruments required by this agreement, with the exception of the Landscape and Irrigation Warranty Bond which is submitted to the development's HOA, shall be kept on file with the City Clerk. The terms of the Security Instruments required by this agreement are hereby incorporated in this agreement by reference. City shall release the Faithful Performance Bond upon Subdivider's written request following acceptance by City of the Works of Improvement and Subdivider's delivery to City of the Warranty Bond for Works of Improvement. City shall release the Labor and Materials Bond upon Subdivider's written request and following acceptance by City of the Works of Improvement and after expiration of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title IS of Part 4 of Division Third of the California Civil Code. If lien claims have been timely filed, City shall hold the Labor and Materials Bond until (a) such claims have been resolved, (b) Subdivider has provided a statutory bond, or (c) otherwise as required by applicable law. City shall release the Warranty Bond for Works of Improvement upon Subdivider's written request following the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work. The release of the Landscape and Irrigation Warranty Bond held by the HOA will be determined by a separate agreement between the developer and the HOA. 2.1 Form of Security Instruments. All Security Instruments shall meet the following minimum requirements and otherwise shall be in a form acceptable to the City Attorney: SUBIMPAG.FRM/12-4-95 -3- • • (i) Any insurance company acting as surety shall have a minimum rating of A -IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858; any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's; (ii) Payments under the Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the County of Orange, State of California; (iii) Each of the Security Instruments shall have a minimum term of one (1) year after the deadline for Subdivider's completing the Works of Improvement, in accordance with paragraph 3 herein; (iv) The Security Instruments shall reference Subdivider's obligations under this Agreement, shall be irrevocable, and shall include as an additional obligation secured the responsibility to compensate City for all of the City's attorneys' fees and litigation expenses reasonably incurred enforcing its rights under the Security Instruments. All of the Works of Improvement shall be completed within twenty-four (24) months from the effective date of this Agreement. The time for completion may be extended by the City Engineer, in writing, for good cause shown by the Subdivider. Subdivider shall compensate the City for all costs reasonably incurred in having its authorized representatives perform the usual and customary engineering services during said extension as specified in Paragraph 19 below. In the event that Subdivider fails to complete the Works of Improvement within said period or any approved extension, the City may complete said work and shall be entitled to recover the full cost and expenses thereof from Subdivider, or his surety as herein provided. The City may require Subdivider, or his surety, to pay the City in advance, sufficient monies to cover the City's cost in completing construction of said Works of Improvement. 3.1 Force Majeure: Notwithstanding the provisions of paragraph 3 herein, Subdivider's time for completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikes, lockouts, acts or failures to act of a public agency (including City), required changes to the Scope of Work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than thirty (30) days prior to City's receipt of a written notice from SUBIMPAG.FRM/12-495 -4- Subdivider or its contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. 3.2 Continuous Work: After commencement of construction of the Works of Improvement (or separable portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period of more than thirty (30) days, events of force majeure excepted. 3.3 Reversion to Acre=: In addition to whatever other rights City may have due to Subdividers failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.11-66499.20-3/4. In this regard, Subdivider agrees that if none of the Works of Improvement referenced herein have been made within the specified "Time of Completion" referenced in paragraph 3 above or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, any improvements made by or on behalf of Subdivider after the date City initiates such action shall not be considered in determining City's authority to revert the Property to acreage. This Agreement shall not become effective unless and until the subdivision map has been approved by the City Council and also accepted for recordation by the County Recorder of the County of Orange. Prior to the commencement of any work to be performed within the area delineated on the Final Map, the Subdivider muse file a written statement with the City Clerk and City Engineer, signed by the Subdivider, and each public utility corporation involved, to the effect that Subdivider has made all deposits legally required by such public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the subdivision. Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction of required improvements, give all necessary notices and pay all fees and taxes required by law. SUBIMPAG.FRM/124.95 -5- 0 0 - 1 1 . 1 • JI - 1 • • I11 • . - 11 - 1 The term "improvements" means: grading, paving, curbs and gutters, pathways, storm drains, sanitary sewers, .utilities, such as electric, telephone and cable TV, conduits, gas lines, drainage facilities, traffic controls, landscaping and irrigation, street lights, and all other required facilities as shown in detail upon plans, profiles and specifications which have been prepared or are now in final preparation by engineers acting for Subdivider subject to approval by the City Engineer. No work on said improvements shall be commenced until plans and profiles therefore have been submitted to, approved and permitted by the City Engineer. All required public improvements constructed or installed pursuant to this Agreement shall become the sole exclusive property of the City, without payment therefore, upon acceptance of said improvements by the City Council. Notwithstanding the fact that Subdivider's plans and specifications, completion of the work, and other acts are subject to approval of the City, it is understood and agreed that any approval by the City thereof shall in no way relieve Subdivider of satisfactorily performing said work or the related obligations hereunder. The construction shall be done strictly in accordance with the plans and specifications including supplementals and revisions prepared by Subdivider or its registered engineer, and as approved by the City as being consistent with the City Code and Standards. Subdivider warrants that its plans and specifications conform as a minimum to said codes and standards and that they are adequate to accomplish the work in a good workmanlike manner and in accordance with responsible construction practices. In addition to the foregoing, Subdivider shall satisfy all the conditions of approval set forth on the City approved tentative map for the Property. Subdivider shall also perform all work and furnish all materials necessary, in the opinion of the City Engineer and on his order, to complete the Works of Improvement in accordance with the plans and specifications on file as hereinbefore specified, or with any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete this work. The intent of the plans and specifications referenced above is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer (or designee) and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or SUBIMPAG.FRM/12-4-95 -6- 0 0 operable improvement or facility, even though the plans and specifications may not specifically call out all items of work required for the contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made of information necessary to carry out the full intent and meaning of the plans and specifications, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the plans, specifications, or related documents, reference shall be made to the City Engineer whose decision thereon shall be final. 10. Superintendence by Subdivider: Subdivider shall give personal superintendence to the Works of Improvement, or have a competent foreman or superintendent, satisfactory to the City Engineer, on the work at all times during progress, with authority to act for Subdivider. In the event satisfactory superintendence is not being exercised by the Subdivider, the City Engineer may order suspension of all work within the subdivision until the deficiency is adequately corrected. 11. Repair and Replacements: Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, or pay to the owner the entire cost of replacement or repairs, for all survey monuments or for any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or by any public or private corporation, or by any person whomsoever or by combination of such owners. Any such repair or replacement shall be completed in a reasonable manner and subject to the approval of the City Engineer and affected property owner. 12. Inspection bycity: Subdivider shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work and to the shops where the work is in preparation. The cost of inspections shall be paid by the Subdivider. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Subdivider or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted. SUBIMPAG.FRM/12-4-95 -7- 0 0 No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered. The date on which the Works of Improvement will be considered as complete shall be that date on which the City Council accepts the improvements and authorizes the City Clerk to file a Notice of Completion with respect thereto. ITU • IM�• All required improvements shall be constructed under the inspection of and subject to approval of the City Engineer. Therefore, it is mutually agreed by the parties hereto that the City Engineer shall have the right to reject any or all of the work to be performed under this contract if such work does not conform with City Codes and Standards and the plans and specifications mentioned herein, including subsequent revisions that may have been previously overlooked during the plan review process. Any damage to the improvements (existing or new) that occurs during or after installation of work performed under this Agreement shall be repaired or replaced, by the Subdivider, to the satisfaction of the City Engineer before the final acceptance of completed work and release of security. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to make a final decision in regard to all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor. The City Engineer, without invalidating this Agreement and without notification to any of the sureties referenced in paragraph 2, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer to accomplish the purposes of this Agreement and to protect the public health, safety, and welfare. It is mutually understood that it is inherent in the nature of the work contemplated by this Agreement that some changes in the plans and specifications and related documents may be necessary during the course of construction to adjust them to field conditions and to assure the protection of the public health, safety, and welfare. The City Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the Works of Improvement. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. SURIMPAG.FRM(12-495 -8- 0 The plans and specifications and related documents for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the plans or specifications or related documents. I• .• • •-.•UI.I 1 • �.u,•- Neither the City nor any of its officers or agents shall be liable to Subdivider or its contractors for any error or omission arising out of or in connection with any work to be performed under this contract. Additionally, the City shall not be liable to the Subdivider or to any other person, firm, or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever in, on, or about the subdivision of said land covered by this Agreement, or any part thereof. Prior to the commencement of any work pursuant to this contract, Subdivider's contractors shall furnish to City satisfactory evidence of an insurance policy written upon a form and by a company (which meets with the approval of City) insuring City, its officers, agents, and employees against loss or liability which may arise during the work or which may result from any of the work herein required to be done, including all costs of defending any claim arising as result thereof. Minimum liability and property damage insurance shall be not less than $250,000 for all damages arising out of bodily injury to or death of one person and not less than $1,000,000 for all damages arising out of bodily injuries to or death of more than one person in any one occurrence; and not less than $250,000 for all damages and/or destruction of property in any one occurrence and not less than $500,000 for all damages and/or destruction of property during the policy period. Said policy shall be in favor of Subdivider or its contractors and of the City, its officers, agents, and employees and shall be maintained in full force and effect during the life of this Agreement, including extensions. Said policy shall state by its terms and by an endorsement that it shall not be cancelled until City shall have had at least ninety (90) days' notice in writing of such cancellation. The Subdivider hereby releases and agrees to defend, indemnify and hold the City harmless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage and liability, howsoever the same may be caused and whensoever the same may appear, resulting directly or indirectly from the performance or nonperformance of any or all work to be done in and upon the subject property and the premises adjacent thereto pursuant to this Agreement, and also from any and all injuries to and deaths of persons and injuries to property or other interests and all claims, demands, costs, loss, damage, and liability, SUBIMPAG.FRW 12-4-95 -9- 0 9 howsoever the same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the Subdivider, the Subdividers agents, employees, and subcontractors, while engaged in the performance of said work. The Subdivider agrees that the use for any purpose and by any person of any and all of the streets, easements and improvements herein specified shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the City of the completed street and other improvements thereon and therein; provided that acceptance by the City shall in no way eliminate or lessen any of the Subdivider's obligations or undertakings contained in this Agreement. The issuance of any occupancy permits (if granted) by the City for buildings located within said subdivision shall not be construed in any manner to constitute an acceptance and approval of any or all of the required improvements in said subdivision. �IMOTii@Jf .. 1 - The Subdivider shall pay these additional expenses: a. The Subdivider shall cause to be made and/or pay for soil tests made by a reputable geotechnical consultant/firm to determine stability, gradation, bearing, and resistance value of soils within the subdivision from which to determine the nature and design of appropriate improvements. The Subdivider shall also pay for all compaction and related tests necessary to determine that all fill work and the utility trench backfill has been satisfactorily placed. b. All service (including plan check and inspection), impact and connection fees as established by City shall be paid for each lot in the subdivision in accordance with the City Code. C. All actual costs for design, plan check, development process and inspection incurred by the City in evaluating any proposed or agreed upon change in work. In no event shall Subdivider be entitled to additional inspections or final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including, without limitation, charges for applicable penalties and additional required inspections. d. Subdivider shall compensate the City for all actual costs reasonably incurred in having its authorized representatives make the usual and customary engineering services beyond the specified "Time of Completion" referenced in paragraph 3 above. Said actual costs include: inspection of Works of Improvement, engineer design review, plan check and project development process. Subdivider agrees to pay the cost of said City services within forty- five (45) days of invoice date, or as determined by the City Engineer. SUBIMPAGY MM12-4-95 -10- 0 0 It is hereby mutually covenanted and agreed by the parties hereto that Subdivider's contractors are not agents of the City, and that the contractors' relations to City, if any, are those of independent contractors. Upon the satisfactory completion of the Works of Improvement by the Subdivider, the City Engineer shall certify that the Works of Improvement have been satisfactorily completed. K within a period of one year after City Council acceptance of the improvement work performed under this Agreement, any of the improvements or work done under this Agreement fails to fulfill any of the requirements of this Agreement, or the specifications referred to herein, Subdivider shall without delay and without any cost to the City (upon receipt of written notice from the City), repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, or should the exigencies of the case require repairs or replacements to be made before Subdivider can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to City the actual cost of such repairs plus an amount equivalent to the current general City overhead costs. 23. Warranty: Without limiting the foregoing, Subdivider warrants and guarantees: materials used and workmanship performed on said work for a period of one (1) year after completion and acceptance thereof by the City, the setting of all required Final Map monuments and agrees to maintain all required landscaping in a vigorous and thriving condition for a period of twelve (12) months after completion and written acceptance thereof by the Director of Engineering and Building and by the Homeowner's Association. Only the warranty security for the landscape improvement shall be posted with the Homeowner's Association. All other security instruments shall be submitted to the City in accordance with Section 2 above. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law. 24. Default: 24.1 Remedies Not Exclusive: In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy SUHIMPAG.FRMII2-495 -11- 0 0 shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may be entitled. 24.2 City Right to Perform Work: In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event Subdivider shall fail to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of thirty (30) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to diligently pursue the cure of any such default to completion, City shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from Subdivider and the surety company, or both, the full cost and expense thereby incurred by City. In the event of any litigation arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and costs shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. � 1 - $ . 11 . . • 1 Upon approval of the Works of Improvement by the City Engineer and acceptance by the City Council, the subdivider shall file with the Orange County Recorder a Notice of Completion of the improvements herein specified. Upon completion of the job and prior to final acceptance of the Works of Improvement by the City, the Subdivider shall submit to the City Engineer for review and approval, one mylar (4 mils) set of "record" drawings. These drawings shall be certified and shall reflect the job as actually constructed, with all changes incorporated therein. SUBIMPAG.FRM/12-495 -12- 0 0 This agreement shall not be assignable by Subdivider without written consent of City. IN WITNESS WHEREOF, e 1 identical counterparts of this agreement, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Subdivider herein named on the 3tstday of � _, 19M the name and corporate seal of each corporate parry being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. SUBDIVIDE CITY OF SAN JUAN CAPISTRANO �llU.-4� SLG MAYOR By: 1/ Attest: CITY CLERk M (Attach Notary Acknowledgement) v' APPROVEAS TO FORM: B AM 2se� ITY ATTORNEY APPROVED AS TO CONTENT. - By: CITY ENGINEER Attachments: (1) Exhibit "A" SUBIMPAG.FRM/12-4-95 -13- ACKNOWLEDGEMENT State of California County of Orange On January 31, 1997 before me, Susan A. McRae, Notary Public, personally appeared Gary R. Emsiek and David R. Michelson, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entities upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. susfw a enc was CorrxtY�lon,l1to6734 oraoywwc—caromb MY comm. 800 Jig 15,2= Signature ------------------------------------------------------------------------------------- Optional Information Title of Document: Subdivision Improvement Agreement-Tract # 14181 Date of Document: January 31, 1997 - 2 Signatures - EXECUTED IN DUPLICATE Capacity of Signer: Principals of: Marbellas Villas, LLC A California Limited Liability Company By: Tropez Development, LLC A California Limited Liability Company Its Authorized Member By: PHD Homes, Inc., a California Corporation Its Managing Member Number of Pages: 15 (including this acknowledgement) Other Signers: Mayor, City Clerk, City Attorney & City Engineer City of San Juan Capistrano PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 1181) On April 1. 1997 before me, Cheryl Johnson City Clerk, personally appeared David M. Swerdlin and William M Huber personally known to me to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized ,t capacity(ies), and that by their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. (SEAL) WITNESS my hand and official seal. Capacity Claimed by Signer Municipal Corporate Officer Mayor and City Engineer Title Signer is Representing City of San Juan Capistrano OPTIONAL Description of Attached Document Subdivision Improvement Agreement. Title or Type of Document 14 Number of Pages January 31. 1997 Date of Document Signer(s) Other Than Named Above n SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "A" WORKS OF IMPROVEMENT Type of Improvements: Grading Erosion and Silt Control Trails and related improvements Private Street and Related Improvements Storm Drain Sanitary Sewer On -Site Landscaping & irrigation Estimated Construction Cost or Bond Amount Processed separately through Bldg. Division Processed separately through Bldg. Division Processed separately through Bldg. Division $200,722.00 $51,590.00 $74,992.00 $154,124.00 Street Monuments $4,000.00 Kessler Alair Ins. Svcs., Inc. 2345 W. Foothill Blvd., #3 Claremont CA 91711-1120 (909) 931-1500 Lic. #OA91387 INMED PRD Homes,Inc. dba: Pacific Heritage Development, etal 15707 Rockfield Blvd. #255 Irvine, CA 92618 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. f :O POLICY EF ECTNE :POLICY EXPIRATION TYPE OF IRIURANCE POLICY NUMBER LMB �: DATEMMrDO ( IYY) DATE (MMrODA'Y) OL71kYUL LIABLLRY .... .. :.......... GENERAL AGGREGATE S COMMERCIAL GENERAL LIABILITY :..... .. _.. ............. ......._........ ..._........... _........_. PRODUCTSCOMP)TP AGO. $ CLAIMS MADE OCCUR.'. - PERSONAL 8 ADV. INJURY.. 9... DOWNER'S 6 CONTRACTORS MOT. EACH OCCURRENCE _ . . FIRE DAMAGE (Arty " Gre). 9 __........ ........ - ......... ................. ............ ........... MED. EXPENSE (my mrr perem) S AUTOMOBNZ UABIlTY COMBINED SINGLE :.......... ANY AUTO . MB _ ALL OWNED AUTOS '. _.... . BODILY INJURY ;........ SCHEDULED AUTOS ; :. (Par per¢pn) $ HIRED AUTOS .BODILY INJURY NON -OWNED AUTOS : (Por eratlenU y GARAGE LIABILITY :PROPERTY DAMAGE 'S _. EACH OCCURRENCE { :AGGREGATE f Project: Tract 14181 - Marbella Villas, LLC w apistrano Valley Water District ity of San Juan Capistrano 2400 Paseo Adelanto an Juan Capistrano CA 92675 € SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE +i. EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR :F; LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) February 25, 1999 PHD Homes, Inc 15707 Richfield Blvd., Suite 255 Irvine, California 92618 MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL JOHN GREINER WYATT HART GILJONES DAVID M. SWERDLIN CITY MANAGER GEORGESCARBOROUGH Re: Renewal of Workers' Compensation Certificate of Insurance (Construction of Water Facilities, Tract 14181 - Marbella Villas LLC) Gentlemen: The Workers' Compensation Certificate of Insurance, regarding the above -referenced project, is due to expire on March 8, 1999. In accordance with your agreement, the insurance certificate needs to be renewed for an additional period of one year. Please name the Capistrano Valley Water District as certificate holder. Forward the updated certificate to the City of San Juan Capistrano, attention City Clerk's office, by the March 8, 1999, due date. If you have any questions, please contact me at (949) 443-6310. Thank you for your cooperation. Very truly yours, Dawn M. Schanderl Deputy City Clerk cc: Cheryl Johnson, City Clerk Lonnie Curtis, Water Services Manager DRUG USE IS AS San Juan Capistrano: Preserving the Past to Enhance the Future COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that Insured by or for you. Any Person or organization that is an owner of Real Property or Personal Property on which you are performing operations, or a contractor on whose behalf you are performing operations, and only at the specific written request of such person or organization to your, wherein such request is made prior to commencement of operations, -and for which a certificate of insurance naming such person or organization as an additional insured is on file with Tudor Insurance Company SCHEDULE NAME OF PERSON OR ORGANIZATION: Any Person or Organization that the insured and or is required by contract to name as Additional Insured per schedule on file with the company Insured Name: PHD Homes, Inc. dba: Pacific Heritage Development, . etal Policy number: GLO 000 1535 Policy Effective dates: 04/17/98 to 04/17/99 CG 2010 1093 COPYRIGHT, INSURANCE SERVICES OFFICE, INC. 1994 CORD CERTIFICFW OF LIABILITY INSU NC9PID TIC 1 DATE(MMMDM) ONCO-06/04/99 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Brakke-Schafnitz Ins. Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #0428915 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 28202 Cabot Road, Suite 500 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Laguna Niguel CA 92677-1251 Phone:949-365-5100 Fax:949-347-7067 INSURED INSURER A: Steadfast Insurance Company INSURER B: Agriculture Insurance Co. Concorde Devglopment INSURER C: Fremont Compensation Ins INSURER D: 19700 Fairchild, #120 Irvine CA 92612 06/01/99 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAV HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YY POLICY EXPI-10 DATE MM/DD/YY LIMITS San Juan uan Capistrstrano CA 92675 GENERAL LIABILITYEACH OCCURRENCE $1,000,000 A X COMMERCIAL GENERAL LIABILITY SC03644387-01 06/01/99 06/01/00 FIRE DAMAGE(Any one fire) $50,000 CLAIMS MADE F_X] OCCUR MED EXP (Any one Person) $ Excluded PERSONAL B ADV INJURY $1,0130,000 X Owner/Cont Plot. GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMPIOP AGS $1,000,000 X I POLICY PROJECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accitlenl) BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Per person) BODILY INJURY $ HIRED AUTOS NON -OWNED AUTOS (Per awitlent) PROPERTY DAMAGE $ (Per aooitlenl) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGO $ EXCESS LIABILITY EACH OCCURRENCE $10,000,000 B X OCCUR CLAIMS MADE EXC270385102 06/01/99 06/01/00 AGGREGATE $10,000,000 E $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND I TORYLIMITS ER C EMPLOYERS' LIABILITY WN9876057101 08/15/98 08/15/99 E.L. EACH ACCIDENT $ 1000000 E.L. DISEASE - EA EMPLOYE $1000000 E.L. DISEASE -POLICY LIMIT $1000000 OTHER G. C S DESCRIPTION OF OPERATIONS/LOCATIONSVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS - - - p 10 Days notice of cancellation for non-payment of premium. Certificate - holder is named as an additional insured. o � �n to 0 CERTIFICATE HOLDER IN I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION C-6 CAPIST1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Capistrano Valley Water EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL District 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Dawn Schaaderl Attn3240 Paseo anto LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF San Juan uan Capistrstrano CA 92675 ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATNES, ACORD 25-S (7/97) v .. ACORD CORPORATION 1988 40 POLICY NUMBER: $644387-01 CONCORDE DEVELOPMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 10 1185 ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CAPISTRANO VALLEY WATER DISTRICT CL 246 (11-85) (it no entry appears above, information required to complete this endorsement will be shown in the Declaratiqns as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. Copyright, Insurance Services Office, Inc., 1984 MhFORIL Ressler Alair Ins. Svcs., Inc. 2345 W. Foothill Blvd., #3 Upland, CA 91786-3584 (909) 931-1500 Lic. #OA91387 INSURED PHD Homes, Inc. dba: Pacific Heritage Develop 15707 Rockfield Blvd, #255 Irvine, CA 92618 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. :O TYPE OF INSURANCE POKY NUMBER POLICY EFFECTIVE POLICY EOMTION LAB .TR: DATE (MMMO" DATE (MMIDDNY) A GENERAL LABEITY GENERAL AGGREGATE s 2'000'60( COMMERCIAL GENERAL LIABILITY X : GLOON1535 .................................................................. PRODUCTS-COMPAIP AGO. s 2,000,00( CLAIMS MADE X OCCUR. 04/17/98 04/17/99 PFBSONPL&ADv.IWURY s 1,000,00( . OWNERS & CONTRACTOR'S PROT. EACH OCCURRENCE S 1,000,00( FIRE DAMAGE (Arty oris Re) S 50,00( ... _.. � ....._........ ............_... _.......... ...._....... E MED. EXPENSE (Airy ow Perron)' S ( l AUTOMOBILE LIABILITY 1 COMBINED SINGLE ......... ANY AUiO LIMB $ ALL OWNED AUTOS BODILY INJURY ..__... i (Per person) S SCHEDULED AUTOS ..._ ........ HIRED AUTOS BODILY INJURY ......... NON -OWNED AUTOS (Per accident)- $ GARAGE LIABILITY XCESS LIASS." .}[., UMBRELLA FORM 42M OTHER THAN UMBRELLA FORM .............. :PROPERTY DAMAGE EACH OCCURRENCE s 4,000,00 .... ......... 7/98 04/17/99 AGGREGATE s 4,000,00 ......... ...... ......... ' WORKERS COMPENSATION STATUTORY _NGS -...... ._'. C` AND W8=793 03/08/98 03/08/99EAOH...... Nr s 1,000, DISEASE - POLICY LIMIT s 1, 0 0 0 , EMPLOYERS' LIABRIry DISEASE - EACH EMPLOYEE s 1,000, ............ .... ........................_..._... ....._._. .......... _._..... mHER ........ .............. .... .............................. .._._............ ........... ...... ....... ............... ................................... .......... ............. DESCR1FnON OF OPEAATgN&LOCATENSINCHCLESISPECIAL ITEAD Project: Marbella Estates -Named Insured: Marbella Villas, LLC Tract# 14181 & #15386. City of San Juan Capistrano Community Redevelopment Agency is listed as an additional insured per the 3'. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 4.: MAIL 3 O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE City of San Juan Capistrano LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Community Redevelopment Agency LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. 32400 Paseo Adelanto AWTHQIIMATIYE San Juan Capistrano CA 92675 V IV,4 .1 3 —.— . .... —, I -'. - ...... ..... . . .... .. ........ pKQuUCER THIS cEn7inCATE 13 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS No RIGHTS UPON THE CER-nFICATE HOLDER. THIS CERTIFICATE Kean[ler Alair Ins. Svcs., Inc. DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 2345 W. Foothill Blvd., #3 P - oLIC - 112 - S - 0 - ELOW. ...... ...... ......... L I ...... . Claremont CA 91711-1120 COMPANIES AFFORDING COVERAGE (909) 931-1500 Lie. #OA91387.. .. . ....... .......... . COPT LTTPANY A Fremont Compensation Ins. Co. ER ............... ..... .... . .... ... . . . ............ ....... .. . . COMPANY 13 IIIRIIRm LEITER, I .... I ...... .1 .... I ... — ......... 11 .... - 1 11 1 .. ..... =.. 11 .................... .. PEID Homes,Inc. dba: Pacific COMPANY cLETTER Heritage Development. etal 11, . .... ' ' ' ' ' - I .. .. 15707 Rockfield Blvd. #255 COWANY LTT" D Irvine, CA 92618 . ...... ....... COMPANY UET10 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE FOXY t"OD INIPICATM. NOTWITHSTANDING MY REDUIREMLNT, TERM OR CONDITION OF MY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CER71RCATE MAY BE ISSUED On MAY PMAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUEUECT TO ALL THE TERM EXCL45IONS AND CONDITIONS OF SUCH POLICIES. ....... .. . . .. ...... . ...... .. .............. .. ........... . . UMITS SHOWN MAY RAVE BEEN REDUCED BY PAID CLAIMS. ...... .. - ............. .......... .11.11 ........ ......... ........ ............... . POLICY "PMMM pOUCY EpPATM TYM OV INOLILANCE POLICY NUAIIIIIII'l DATE(MMMWM LIM" DATE(WkDDfM . . Gow" t"I"" .. ... . . ......... ...... .... . .... GENERAL AD DATE, 3 . ..... .... . . ...... ..................... COMMORCIAL GENERAL LIABILITY PROOUCMCOMP00P AGO. ;J CLAIMS MADE OCCUR .................. .......... .... FENWOW L AX IN7RTY if OMVR'3 a CONTRACTOR% PACT. . .. ....................................... I"" " ' ' ' "' " ' " EACH OCCUHWNCF is ..... ...... .. ......... .............. HIRE DAMAGE (AMY OMA hs) z$ .... .............................. . ................................................................ MUC. 004NM (Any We pORM);S .......... .... L ........................ ............ ....... AUTOMMILE LIABILITY .. .... .. .. .... ............... ... ... . v - ....... I ................. . . ... ... COMBINED SINGLE 1 ANY AUTO LIMIT .. . . . .... ........... .... . .. ... . ALL OWNED AITTOS GODLY ►WAAY ......... . psr=4 ow SCHEDULED AUTOS ............... .... ........ HIRED AUTOS GODLY PUUHY ........ NON-CORIED AUTOS CFO, =Iftn i6is'WO'PER, A'TMPMLOC'ATKW' W'Y`P`1'1C'%'M- ... &V" ... O'C"L,4"L .... M' M' ... 0 .................................... ..... Project: Tract 14181 - Marbella Villas, LLC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CAP40FLLM BEFORE THE E(PIR4TION DATE THEREDP, THE ISSUING COMPANY WILL ENDEAVOR TO Capistrano Valley Water District rq MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL, SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR City of San Juan Capistrano LIABILITY OF ANY IOND UPON THE COMPANY, ITS AGENTS ON REPRESENTATIVES. 32400 Paseo Adelanto San kTuan Capistrano CA 92675 Kessler Alair Ins. Svcs., Inc. 2345 W. Foothill Blvd., #3 Claremont CA 91711-1120 (909) 931-1500 Lic. #OA91387 INSURED PED Homes, Inc. dba: Pacific Heritage Develop 15707 Rockfield Blvd, #255 Irvine, CA 92618 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED 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 NUYBEII POLICY EFFECTIVE POLICY E)MATION LAS LTR DATE (MMIODMT DATE(MMMDNY) }j GENERAL LIABILITY GENERAL AGGREGATE :............._............_...................:......_...........................,., S 2 ,000,00( X COMMERCIAL GENERAL LIABILITY OL00001761 PRODUCTS-COMPIOP AGO. s 2,000,001 CLAMS MADE g'occuR.i:04/17/99 04/17f 00 PERBwuAADV "JI,. s 1...000,001 OWNER'S B CONTRACTORS PROT. EACH OCCURRENCE $ 1,000,001 i FIRE DAMAGE (Any one Ore) $ 50, 0 01 .. MEQ. EXPENSE (Any We Perw)-:S .. .... .... .. i AUTOMOBILE LABILITY COMBINED SINGLE .. ........ ANY AUTO . LIMIT S ` ALL OWNED AUTOS `....... BODILY INJURY .......... .... .... SCHEDULED AUTOS . : (Per Parson) $ HIRED AUTOSBODILY _.. ... INJURY ....... ...... . _.._.. NON -OWNED AUTOS : (Per acitlenU ', $ GARAGE LIABILITY _....... _.... ..... ,. ........: : PROPERTY DAMAGE :S EXCESS LIABILITY .... _.. _.. ... , EACH OCCURRENCE s 4,000,00( B X UMBRELLA FORM 42996M 04/17/99 ' 04/17/00 AGGREGATE ..... .. 4,000,00( . OTHER THAN UMBRELLA FORM :: WORKER'S COMPENSATION ............ ....... ....... .................... STATUTORY LIMITS C WNI?M310B-0T 03/08/99 03/08/00EACMACCIDEM S 1,000,001 AND DISEASE DISEASE - POLICY LIMIT s . 1, 0100, 0 01 EIROYEITs LIABILITY - EACH EMPLOYEE ................ ............. 1 0 0 0 , 0 01 y�....r_.... ......I OTHER a s ry - n - rn DESORPTION OF OPERATKNi&LOCATIONSMHIOlE89PEC4LL ITEMS ' Project: Marbella Estates -Named Insured: Marbella Villas, LLC Tract# 14181 & #15386. City of San Juan Capistrano Community ,, o Redevelopment Agency.is listed as an additional_ insured per form ity of San Juan Capistrano ommunity Redevelopment Agency 2400 Paseo Adelanto an Juan Capistrano CA 92675 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. VA `. i * + CL 690 (10-93) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 10 10 93 ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective Policy No. April 17, 1999 12:01 A.M. standard time GL00001761 Named Insured p[D Homes, Inc., dba: Countersigned by Pacific Heritage Development, et al. SCHEDULE Name of Person or Organization: See Below (Authorized Representative) (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO [SAN INSURED (Section II) is amended to include as an insured the person ororganization shown in the Sched- ule, but only with respect to liability arising out of your ongoing operations performed for that insured. Any Person or organization that is an owner of Real Property or Personal Property on which you are performing operations, or a contractor on whose behalf you are performing operations, and only at the specific written request of such person or organization to you, wherein such request is made prior to commencement of operations, and for which a certificate of insurance naming such person or organization as additional insured is on file with Tudor Insurance Company. /, X E6 Copyright. Insurance services Office. Inc., 1992 A0401UL PRODUCER Ressler Alair Iris. Svcs., Inc. 2345 W. Foothill Blvd., #3 Claremont CA 91711-1120 (909) 931-1500 Lic. #OA91387 ......................................................... NSURm PHD Homes, Inc. dba: Pacific Heritage Develop. 15707 Rockfield Blvd, #255 Irvine, CA 92618 3 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW....._... _.. . ....... ..... COMPANIES AFFORDING COVERAGE °E01MERANY A Tudor Insurance Co3ppany COMPANY B Gainsco - - o LETTER - -- TTI LETTER C Cypress Insurnace Company,,, COMPANY D LET�R - _ . LM COMPANY E co LETTER CD 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. DO .R': LITYPE OF NSURANCE POLICY NUMBER POLICY ER icTra POLICY EawLTTON LamLDATE (MMIMNY) DAMRMMD" ........... _... _.... ......... - - ... A GENERAL AGGREGATE..__ s 2,000,00( 011MIE AL LIA6BITV COMMERCIAL GENERAL LIABILITY2,000,00(..... X OLo 000 T4T2 PRooucTscoMProPAGG. s CAMS MADE :.. X..I OCCUR. :04/17/97 04/17/98 PERSONAL S ADV.INIURY s -.1,,000,00( OYMRRS S CONTRACTORS TROT. EACH OCCURAMCE s 1,000,00( FIVE DAMAGE (My aM &e) S ........ 50,00( :...............................................................:..................................................................................... .. MED. EXPENSE (My one Perw)IS EXCESS LIABILITY :......... UMBRELLA FORM ......:OTHER THAN UMBRELLA FORM WORKER'S COIPENSATION C AND EMPLOYERS' LIABLIfY ................................................ OTHER EACH OCCURRENCE.......... f ........................................ . ...................... ............... ........... AGGREGATE :f . - ......... STATUTORY LNTTS ........ .... " EACH ACCIDENT s 1,000,00C DISFASE -POLICY LIMB 's 1, 000, 00C DISEASE -TEACH EMPLOYEE ...... _................ ...............:...................................- �Is 1,000,00C ._..._..._.........._..._...... .i........ ........... ............. ...................................... .......... .. _.__._. OPERA710NWLOCAnMWVEHICUW9MML ITOn act: Marbella Estates -Named Insured: Marbella Villas, LLC t# 14181 k #15386: City of San Juan Capistrano Community relopment Agency is listed as an additional insured per the +heA Fr.. * in nAvR C'AN[1F.T.T.ATTnN TPnR WC)MPAvMF.NT n7 PRF.MTTTM Sa. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE City of San Juan Capistrano LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Community Redevelopment Agency LIABILITY OF ANY MND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. 32400 Paseo Adelanto AAT VE San Juan Capistrano CA 92675 ,p,f h 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. 'O : 7YPE OF INSURANCE POLICY XUYfNSR POLICY EFFECTIVE POLICY EXPIRATIONlYI8 .TR DATE (MMA)DA-Y) DATE (MM/DD/YY) A GENERAL LIAmm GENERAL AGGREGATE :......................................................... s 2,000,000 ,......... COMMERCIAL GENERAL LMBXTTY QLO 0001212 X; :PRODUCT&COMPADP AGS. s . 2... ,000,000 cMMADEX occuR. PEoASADv.uRY 04/17/97 04/17/98 1.000.000 .................. OWNERS L CONTRACTORS PROT. .. EACH OCCURRENCE S 1,000,000 :................................................................: - FIRE DAMAGE (Any eoe fire) s _...._ 50,000 ......................................................................................... MED. EXPENSE (Any orB Perm)''.S 0 ! AUTOMOBILE LABILITY COMBINED SINGLE s 11000,000 B:AN AUTO OPP636251LIMIT ALL OWNED AUTOS 04/17/97 04/17/98.BODILY INJURY SCHEDULED AUTOS (Per Person) 6 X HIRED AUTOS BODILY INJURY ..... X ; NOWOWNED AUTOS .. _.... :(Par eeeitlenq s i GARAGE LIABILITY i - _.... ... .........: ! PROPERTY DAMAGE s :EXCESS LABRITY :EACH OCCURRENCE '.s UMBRELLA FORM 'AGGREGATE s OTHER THAN UMBRELLA FORM ........... .............. ................................ ...... WORKER// COMPENSATION .......... STATUTORY LIMITS -... C: AND W8W 03/08/98 03/OB/99.FACHACCIDENT a 1,000,000 DISEASE - POLICY LIMB f ........ 1,000,000 ER EMPLOYS' LIABILITY _... _...... DISEASE - EACH EMPLOYEE :............ $ 1,000,000 .............._.......................................................................................................... :OTHER _.................... _............ .......... ............. ......_...........................:.............. 3 _....................... p 9 fV f _ C'� � m DESCRiTIDN OF OPERA710NWLOCA71OBSAffBIK:LEIL9PECAL KEYS .� �... m RE: All operations of the named insured. � r m o *10 DAY NOTICE APPLIES TO NON-PAYMENT OF PREMIUM* SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO ' MAIL 3 O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE City of San Juan Capistrano & LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Capistrano Valley Water Distr. UABIUTY OF ANY VJD UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. 32400 Paseo Adelanto z 1111A /®fERiF��fA San Juan Capistrano CA 92676 ///lN//^ -41 CITY MANAGER GEORGESCARBOROUGH February 25, 1998 Pacific Heritage Development 15707 Rockfield, Suite 255 Irvine, California 92618 Re: Renewal of Workers Compensation Certificate of Insurance (Marbella Villas. Construction of Water Facilities. Tract 14181 and Subdivision Improvement Agreement, T14181) Gentlemen: The Workers' Compensation Certificate of Insurance, regarding the above -referenced projects, is due to expire on March 8, 1998. In accordance with your agreement, the insurance certificate needs to be renewed for an additional period of one year. Please note that certificate must state Capistrano Valley Water District and City of San Juan Capistrano as certificate holders. Please forward an updated certificate to the City of San Juan Capistrano, attention City Clerk's office, by March 16, 1998. If you have any questions, please contact me at (714) 443-6310. Thank you for your cooperation. Very �truly �yours, Dawn M. Schanderl Deputy City Clerk cc: -Cheryl Johnson, City Clerk Craig Harris, Senior Engineering Technician Sam Shoucair, Senior Engineer 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 MEMBERS OF THE CITY COUNCIL OLLENE CAMPBELL F�' JOHN R WYATT HART961 77p GIL JONES DAVID M. SWEROLIN CITY MANAGER GEORGESCARBOROUGH February 25, 1998 Pacific Heritage Development 15707 Rockfield, Suite 255 Irvine, California 92618 Re: Renewal of Workers Compensation Certificate of Insurance (Marbella Villas. Construction of Water Facilities. Tract 14181 and Subdivision Improvement Agreement, T14181) Gentlemen: The Workers' Compensation Certificate of Insurance, regarding the above -referenced projects, is due to expire on March 8, 1998. In accordance with your agreement, the insurance certificate needs to be renewed for an additional period of one year. Please note that certificate must state Capistrano Valley Water District and City of San Juan Capistrano as certificate holders. Please forward an updated certificate to the City of San Juan Capistrano, attention City Clerk's office, by March 16, 1998. If you have any questions, please contact me at (714) 443-6310. Thank you for your cooperation. Very �truly �yours, Dawn M. Schanderl Deputy City Clerk cc: -Cheryl Johnson, City Clerk Craig Harris, Senior Engineering Technician Sam Shoucair, Senior Engineer 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 .... .�e.errw rRrwlPPFP P.r!P-BPwar �• P�wrrrt�r-Y,�.rPeX •�• 4/22/1997 PRODUCER THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND Ressler Alair InB. SVC., Inc. CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 2345 W. Foothill Blvd., #3 POLICIES BELOW. Upland, CA 91786-3584 COMPANIES AFFORDING COVERAGE (909)931-1500 Lic. #OA91387 POLICY EFFECTIVE POLICY EXPIRATION LIMITSLTiI� LONPPA Y A Tudor Insurance Company ETTER ..... .........._ ......... .._....... ................ ............ COMPANY B Gainsco A: INSURED LETTER 5 2,000,000 PHD Homes, Inc. COMPANY C ( PRODUCTS-COMP/OP AGS. dba: Pacific Heritage Develop. LETTER nT z 15707 Rockfield Blvd, #255 COMPANY D Irvine, CA 92618 LETTER Tv m COMPANY E rnD n < $ 50,000 LETTER -. OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL RENS Project: Marbella Estates -Named Insured: Marbella Villas, LLC Tract# 14181 & #15386. City of San Juan Capistrano Community Redevelopment Aaencv is listed as an additional insured Der the SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 301IDAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE City of San Juan Capistrano LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Community Redevelopment Agency $' LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. 32400 Paseo Adelanto ABTNORDED�vREBENTAIWE ^ San Juan Capistrano CA 92675 / n nn//v r ftA )-nNuoik 1h THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY(E5IOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH -T+43 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 - TINSURANCE POLICY NUMBER YPE OF POLICY EFFECTIVE POLICY EXPIRATION LIMITSLTiI� DATE (MMIDDR'Y) DATE(MMOD" . A: GENERAL LIABILITY . GENERAL AGGREGATE.. 5 2,000,000 X I COMMERCIAL GENERAL LIABILITY GLO 000 1212 ( PRODUCTS-COMP/OP AGS. S 2,000,000 CLAIMS MADE X OCCUR.''. ;,,.. :04/17/97 04/17/98PERSONAL & ADV. INJURY & 1,000,000 OWNER'S & CONTRACTOR'S PROT. . EACH OCCURRENCE $ 1, 000,000 FIRE DAMAGE (Any one fire) $ 50,000 MED. EXPENSE (My one Peraon):S 0 AUTOMOBILE LIABILITY : COMBINED SINGLE. '.S 1,000,000 $i .ANY AUTO . GPP636251 :LIMIT ALL OWNED Auros 04 /17 /97 04/17/98BODILY INJURY SCHEDULED AUTOS - (Per person) $ X HIRED AUTOS BODILY INJURY X NON -OWNED AUTOS (Per acctlen9 $ GARAGE LIABILITY. PROPERTY DAMAGE -S EXCESS LABILITY EACH OCCURRENCE y 'UMBRELLA FORM AGGREGATE S OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY LIMITS - EACH ACCIDENT $ AND._._.. ._.... .. ...,. .............. ............. DISEASE - POLICY LIMIT S EMPLOYERS' LABILITY - - - - - - - - DISEASE - EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL RENS Project: Marbella Estates -Named Insured: Marbella Villas, LLC Tract# 14181 & #15386. City of San Juan Capistrano Community Redevelopment Aaencv is listed as an additional insured Der the SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 301IDAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE City of San Juan Capistrano LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Community Redevelopment Agency $' LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. 32400 Paseo Adelanto ABTNORDED�vREBENTAIWE ^ San Juan Capistrano CA 92675 / n nn//v r ftA )-nNuoik 1h t COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. Any Person or organization that is an owner of Real Property or Personal Property on which you are performing operations, or a contractor on whose behalf you are performing operations, and only at the specific written request of such person or organization to your, wherein such request is made prior to commencement of operations, and for which a certificate of insurance naming such person or organization as an additional insured is on file with Tudor Insurance Company SCHEDULE WATAil4Eelawgn EONLei - e : e Any Person or Organization that the insured and or is required by contract to name as Additional Insured per schedule on file with the company Insured Name: Pacific Heritage Development, etal Policy number: GLO 000 1212 Policy Effective dates: 04/17/97 to 04/17/98 CG 2010 1093 COPYRIGHT, INSURANCE SERVICES OFFICE, INC. 1984 INw�i�1iiO 11 RUVE :Issue owre lmmruunr) THIS .:: .,; 2/14/1997 PRODUCER THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CO TYPE OF INSURANCE POLICY NU1®ER CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Kessler Alair Ins. Svc., Inc. DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 2345 W. Foothill Blvd., #3 POLICIES BELOW. S 2,000,000 Upland, CA 91786-3584 COMPANIES AFFORDING COVERAGE (909)931-1500 Lic. #OA91387 L........ CLAIMS MADE :.. ][... OCCUR. '04/17/96 0 4 / 17 / 9 7: PERSONAL & ADV INJURY. 3._ 1,000, 000 °Y A United Capitol : EACH OCCURRENCE S 1,000, 000 i.......................... FIRE DAMAGE (Any one fire) : S 50, 000 �. -_ co ._..._._.._.._.... S COMPANY B _,._, rn ._.. _....__ ..._. ......._......... IN 8URED _.__.. .._ _ LEITER n `:'. - _..... L m PHM Homes, Inc. COMPANY C.. -..... { m dba: Pacific Heritage Develop. E"E" -` CO v 15707 Rockfield Blvd, #255 COMPANY" D s Irvine, CA 92618 LETTER _Xa $ COMPANY E —s ..... LETTER - PROPERTY DAMAGE :S 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 NU1®ER POLICY EFFECTIVE -POLICY EXPIRATION LIMITS LT DATE (MMIDDIYY) DATE(MMMDNY) A GENERAL LIABILITY GENERAL AGGREGATE S 2,000,000 X COMMERCIAL GENERAL LIABILITY QLAIOB1575 ':, '.PRODUCTS-COMP,OP AGG. :S 1,000,000 L........ CLAIMS MADE :.. ][... OCCUR. '04/17/96 0 4 / 17 / 9 7: PERSONAL & ADV INJURY. 3._ 1,000, 000 OWNER'S & CONTRACTOR'S PROT. : EACH OCCURRENCE S 1,000, 000 i.......................... FIRE DAMAGE (Any one fire) : S 50, 000 ............................. ................. ....._. MED. EXPENSE (Any one Permn)'. ._..._._.._.._.... S AUTOMOBILE LIABILITY ! COMBINED SINGLE .......... ANY AUTO LIMIT IS ... ALL OWNED AUTOS - BODILY INJURY ...... . SCHEDULED AUTOS (Per permn) 'S HIRED AUTOS BODILY INJURY ......... .... NOWOWNED AUTOS : ! (Per accideno $ �... : GARAGE LIABILITY ..... ---' - PROPERTY DAMAGE :S EXCESS LIABILITY ! EACH OCCURRENCE $ ... _.... UMBRELLA FORM :.........: ..._..... .. _._._.... .... : AGGREGATE ':.S .... ......... .... ............. OTHER THAN UMBRELLA FORM - WORKER'S COMPENSATION STATUTORY LIMITS EACH ACCIDENT $ AND DISEASE - POLICY LIMB 'S EMPLOYERS' :.. DISEASE - EACH EMPLOYEE $ ......:..... _.............. .........._...... .... .... ... ..._....._. OTHER ...._... .... ...._..:......... ............ .............._ .......... __._._. ....._.. ........... ........ ..... ...._.... .............. ......... .............. .._......... DESCRIPTION OF OPERATIONSWCATIONS/VENICLESWECIAL ITEMS '.............. .........:... .............._ _....... .. _._..._. ......_. Project: Marbella Estates -Named Insured: Marbella Villas, LLC Tract# 14181 & #15386. City of San Juan Capistrano Community Redevelopment Agency is listed as an additional insured per the SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE City of San Juan Capistrano LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Community Redevelopment Agency uABwTr OF NV KI H 'N HE COMPANY, ITS AGENTS OR REPRESENTATIVES. 32400 Paseo Adelanto �TNO �?IIEs ATIYE San Juan Capistrano CA 92675 l ; " .d / 0 9 POLLCY NUMBER: GLA 1001575 THLS ENDORSMMNT CHANGES TSE POLIC1. PLEASE READ IT CAIMM7F LY. ADDITIONAL. INSVIZED - OWNERS, LESSEES OR CONTRACTORS COMMERCIAL GENERAL LLABn= COVERAGE PART 5CIMUI Name of Person or Organization:ALL ADDITIONAL INSUREDS LISTED DURING THE POLICY PERIOD. Any person or organization that is an owner of ileal Property or Personal ? ope y on which you are performing operations, or a contractor on whose behalf you are perfor` ,g operations, and only at the specific written request of such persoa or organization to you, wherein such request is made prior to commencement of operations, and for which a c. -rd ..ate of such person or organization as an additioeaf insurzd is on fife with United Capitol Insurance Company. I. WHO IS AN INSURED (Section 11) is amended to include as an Additional Insuued(s) the person(s) or organization(s) shown in the above Schedule, but oaly with respect to Iiability arising out of your ongoing operations performed for t! -,e Additional 1xL5,=cd(s). The insurance provided to the Additsonal hmned(s) does not apply to: (a) "bodily injury,".'Property damage" or "personal injury" occurring after: (1) all work or operations, including materials, pam or equipment furnished in connection with such work or operations, (other than service. maintenaace or repairs) to be ,performed for the Additional Insuued(s) has been completed: or (2) that portion of your work or operations, iachding materials, pars or equipment furnished in com=don with such work or operations, out of which the injury or damage arises, has been put to its intended use by any person of organization other than another contractor or subcontractor engaged in perfo=ing operations for a principal as a part of the same projea; (b) "bodily injurY." "Property damage" or "personal injury" for which you are not liable. Page 1 of 2 UC 2009E (Revised) 0 1AS respeCtS these A46nal Inarredsonly,this ..."bodily agreement requirements is applicable: 1!111!11 :II1;I1jj1!!jI 111 3 • • ♦ 4 or 1111 1111 11 11 11 1 VAU.N."!Wt-Il III, As respects Item II. above, this applies oolty if also =Faired by the Named Iassued of all the Named Ittsttred's subcontractors by written contract. N. It is farther agreed, as respecu these Additional Insureds only, we waive our right to subrogation where required by written contract. However, this waiver does not apply in any jurisdiction or situation where such waiver is held to be illegal of against public Policy - These exclusions apply in addition to all other exclusions contained in the policy. Page 2 of 2 UC -2009B (Revised) J 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) October 15, 1999 Jww, 11�111�1 • auuuw 1961 1776 Mr. Bob Pitman Pacific Heritage Development 15707 Rockfield Blvd., Suite 225 Irvine, California 92618 Re: Release of Sureties - Tract 14181 Mr. Pitman: MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL JOHN GREINER WYATT HART GILJONES DAVID M. SWERDLIN CITY MANAGER GEORGE SCARBOROUGH Per City Council action of September 7, 1999, the following bonds are hereby released as of today, October 15, 1999: BOND NO. PURPOSE AMOUNT 5276 -FP Street Improvements $200,722 5274 -FP Storm Drain Improvements $ 51,590 5275 -FP Sewer $ 74,992 5272 -FP Landscape & Irrigation $154,124 5273 -FP Monuments $ 4,000 Enclosed are a set of the original released bonds for your records If you have any questions, please do not hesitate to call me at (714) 443-6310. Very truly yours, Da nderl Deputy City Clerk Enclosure cc: William Huber, Director of Engineering & Building Services Sam Shoucair, Senior Engineer Frontier Pacific (with set of released bond documents) San Juan Capistrano: Preserving the Past to Enhance the Future Bond No. 5276—FP Premium: $2,409.00 EXECUTED IN THREE SUBDIVISSION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE . 66499.0 WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Marbella Villas LLC (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated January 23rd 19 97 and made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement;' ., NOW, THEREFORE, we, the Principal and Frontier Pacific Insurance Company , as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of ;Two Hundred Thousand Seven Hundred Twenty Two Dollars * Dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. RELEASED DATE _4C)C1 INITIALS �—T— 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, alteration, or modification of the contract documents or of work to be performed thereunder. Executed this 19 97 at La Jolla APPROVED AS TO FORM: I L�Lj CITY ATTORNEY 21st day of January . California. Page 2 - Subdivision Performance Bond PRINCIPAL Marbella Villas, LLC A California Limited Liability Company BY: Tropez Development, LLC A California Limited Liability Company, Its Authorized Member BY: PHD Homes, Inc. A California Corporation, Its Managing Member BY: N� Name: Title: SURETY Frontier Pacific Insurance Company BY: ;-16- Steven Tyl r, Attorney-in-fact "Executed it Three Counterparts" Bond No. 5276—FP Premium: Included SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE, SECTION 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Marbella Villas LLC (hereinafter designated as "Principal'), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements which said Agreement, dated January 23rd 19_97_, and identified as Project Marbella Estates is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement; TT # 14181 Street Improvements NOW, THEREFORE, we, the Principal and Frontier Pacific Insurance Company . as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of }Two Hundred Thousand Seven Hundred Twenty Two Dollars and no/100ths" Dollars ($ 200,722.00 ) lawful money of the united States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that, if the above bound Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees loft The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the 21st day of January 19_97 , 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. APP VED AS TO FOR RICHARD K. DENHALTER, CITY ATTOON NOTE: Please Attach Acknowledgement and Power of Attorney 2 of 2 PRINCIPAL Marbella Villas, LLC A California Limited Partnership BY: Tropez Development, LLC A California Limited Liability Company, Its. Authorized Member BY: PED HOMES, INC. A California Corporati Its Managing Member BY: Name: Title: (NOTARIZATION AND SEAL) SURETY Frontier Pacific Insurance Company Steven Tyler, Attorney-in-fact 0 0 STATE OF CALIFORNIA ) )ss COUNTY OF SAN DIEGO) On 1/21/97 before me, TREVA KENSLER, personally appeared, STEVEN TYLER, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature% rREVA KENSLER CommlSSlan # 1045661 '>A Notary Public — California San Diego County My Comm. Expires Nov 26. 1998 (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) IRONTIER PACIFIC INSURANCE COMPANY (A California Company) 4250 Executive Square, Suite 200, La Jolla, California 92037 POWER OF ATTORNEY 42tloiu all±l{Cu III' T(!reC j.IrpscufS: That FRONTIER PACIFIC INSURANCE COMPANY, a California Corporation, having its principal office in La Jolla, California, pursuant to the following resolution, adopted by the Board of Directors of the Corporation on the 15th day of November, 1991. "RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attorneys -in - F act to represent and act f or and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business. 'RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed toany 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 soaffixed with respectto any bond, undertaking, recognizanceor other contractof mdemnity or writing obligatory in the nature thereof; "RESOLVED. that any such Attorney -in -Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof, said date to be not later than the date of delivery thereof by such Attorney -m -Fact." This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT WILLIAM R. MCKENZIE, S. PETTERSEN, & STEVEN TYLER of La Jolla , .n the State of California its true and lawful Attorney(s)-in -Fact with full power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge and deliver in its behalf, and as its act and deed, without power of redelegation, as follows: Bonds guaranteeing the fidelity of persons holding places of public or private trust: guaranteeing the performance of contracts other than insurance policies; and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed; IN AN AMOUNT NOT TO EXCEED SIX HUNDRED FIFTY THOUSAND ($650,000.00) DOLLARS; and to bind FRONTIER PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of FRONTIER PACIFIC INSURANCE COMPANY, and all theacts of said Attorney(s)-in-Fact pursuantto the authority herein given are hereby ratified and confirmed 3luItlitlu•ss,u1(RTCOf, FRONTIER PACIFIC INSURECOMPANY olll gJOIIa.Galiforma,hascausedthisPowerofAttorneytobesigbyits Vice President and its Corporate seal to be affixed this day of IIVVOVVCRR1lUCf 1,19 . FRONTIER PACIFIC INSURANCE COMPANY -i d, NI{QP BY: STATE OF CALIFORNIA) `"•••.,,L.,.•••••`3 DAVID E. CAMPBELL, Vice President COUNTY OF SAN DIEGO) November 15,1V5 On ___...___ be oreme,Treva Kensler. personally appeared David E.Campbell, personally known to meor provedto meonthe basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal TREVA KENSLER Commission # 1045661 Z ZNotary Public — California Z Zemy San Diego County Comm, Expires Nov. 26, 1998 Signature of Notary Corporation Acknowledgement ],the undersigned, Joseph P. Loughlin, Secretary of FRONTIER PACIFIC INSURANCE COMPANY, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of the Corporation this 21st day of January _. 19 -U. FM 19 -50028 -FP (4/96) rm ill JIILmbe ';i Joseph P. Loughlin, Secretary •..�.......+` W-122145IM-71A State of California County of Orange On January 29, 1997 before me, Susan A. McRae, Notary Public, personally appeared Gary R. Emsiek, personally known to me to to the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. A.&CW oonnwon• iwsr� naw�ae—caatia Mroonn.�epYw� Amo Signature�_- -------------------------------------------------------------------------------------- Optional Information Title of Document: Subdivision Faithful Performance Bond and Subdivision Labor and Material Bond Bond #5276 -FP in the penal sum of $200,722.00 For Marbella Villas, LLC Bound Unto: The City of San Juan Capistrano Date of Document: January 29, 1997 - 2 Signatures (one on each bond) EXECUTED IN TRIPLICATE Capacity of Signer: Principal of: Marbellas Villas, LLC A California Limited Liability Company By: Tropez Development, LLC A California Limited Liability Company Its Authorized Member By: PHD Homes, Inc., a California Corporation Its Managing Member Number of Pages: ��7 (including this acknowledgement) —�iwry/ / �PX' �7TI>DI"YI /hl(�LC t5 an SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE . 66499.0 EXECUTED IN THREE COUNTERPARTS Bond No. 5272 -FP Premium: $1,850.00 WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Marbella Villas, LLC (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated January 23rd 19 97 and made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement; Tr # 14181 landscape a Irrigation Improvements NOW, THEREFORE, we, the Principal and Frontier Pacific Insurance Company , as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of tyr'Fbur Thoudarid`Brie flU'ndted'Tattlnt' *********** 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, firml-y by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. RELEASED INITIALS 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder. Executed this 19 97 at La Jolla APPROVED AS TO FORM: CITY ATTORNEY 21st day of January Page 2 - Subdivision Performance Bond California. PRINCIPAL Marbella Villas, LLC A California Limited Liability Company BY: Tropez Development, LLC A California Limited Liability Company, Its Authorized Member BY: PHD Homes, Inc. A California Corporation, Its Managing Member BY: Name: IL Cf Title:. 1 '9 1.77Y11'1 Frontier Pacific Insurance Company BY: i!—Z- Steven Tylgr, Attorney-in-fact EXECUTED IN THREE COUNTERPARTS Ll Bond No. 5272 -FP PREMIUM: INCLUDED SUBDIMION LABOR AND MATERIAL BOND (GOVERNMENT CODE, SECTION 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Marbella Villas, LLC (hereinafter designated as "Principal'), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements which said Agreement, dated January 23rd 19 97 , and identified as Project Marbella Estates is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement; TT # 14181 Landscape 6 Irrigation Improvements NOW, THEREFORE, we, the Principal and Frontier Pacific Insurance Company . as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of *One Hundred Fifty Four Thousand One Hundred Twenty Four****************** Dollars ($ 154,124.00 ) lawful money of the United States, for t ,c payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that, if the above bound Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees loft The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the 21st day of January , 19_97_, 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. APP VED AS TO FOR RICHARD K. DENHALTER, CITY ATTORnY NOTE: Please Attach Acknowledgement and Power of Attorney 2 of 2 PRINCIPAL Marbella Villas, LLC A California Limited Partnership BY: Tropez Development, LLC A California Limited Liability Company, Its. Authorized Member BY: PHD HOMES, INC. A California Corporatii Its Managing Member BY: Name: Title: (NOTARIZATION AND SEAL) SURETY Frontier Pacific Insurance Company Steven Tyler, Attorney-in-fact STATE OF CALIFORNIA ) )ss COUNTY OF SAN DIEGO On 1/21/97 before me, TREVA KENSLER, personally appeared, STEVEN TYLER, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. f i Signature TREVA KENSLER Commission # 1045661 z -b Notary Pubrc— CaiJornia � Son Diego County My Comm. Expires Nov 26, 1998 (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) 0 State of California County of Orange On January 29, 1997 before me, Susan A. McRae, Notary Public, personally appeared Gary R. Emsiek, personally known to me to he the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. SEAN A MC RAE cdramw - Omnge CourdV My Comm. Ezptm JU 15.2Qp Signature ------------------------------------------------------------------------------------- Optional Information Title of Document Subdivision Faithful Performance Bond and Subdivision Labor and Material Bond Bond #5272 -FP in the penal sum of $154,124.00 For Marbella Villas, LLC Bound Unto: The City of San Juan Capistrano Date of Document: January 29, 1997 - 2 Signatures (one on each bond) EXECUTED IN TRIPLICATE Capacity of Signer: Principal of: Marbellas Villas, LLC A California Limited Liability Company By: Tropez Development, LLC A California Limited Liability Company Its Authorized Member By: PHD Homes, Inc, a California Corporation Its Managing Member Number of Pages: 7 (including this acknowledgernent) e ct.T lu— 4iorv, =1t. e$ is cat64-er. Se V%er. 0 SUBDIVISION FAITHFUL PERFORMANCE BOND Bond No. 5275—FP (GOVERNMENT CODE . 66499.1) Premium: $900.00 EXECUTED IN THREE COUNTERPARTS WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Marbella Villas, LLC (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated January 23rd , 19 97 , and made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement; TT #14181 Sever Improvements NOW, THEREFORE, we, the Principal and Frontier Pacific Insurance Company , as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of *Seventy Four Thousand Nine Hundred Ninty Two Dollars and no/maths* Dollars, lawful money of the United States, for the payment of.which.sum._well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. RELEASED DATE 1 Ct INITIALS 0 0 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder. Executed this 21st day of January 19 97 at La Jolla , California. PRINCIPAL Marbella Villas, LLC A California Limited Liability Company BY: Tropez Development, LLC A California Limited Liability Company, Its Authorized Member BY: PHD Homes, Inc. A California APPROVED AS TO FORM: Corporation, Its Managing Member BY: C )t — Name: I L --'j Title: CITY ATTORNEY (NOTARIZATION AND SEAL) SURETY Frontier Pacific insurance Company BY: Steven TylAf, Attorney-in-fact Page 2 - Subdivision Performance Bond 0 1 0 Bond No. 5275—FP Executed In Three Counterparts Premium: Included SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE, SECTION 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Narbella VIllas, LLC (hereinafter designated as "Principal'), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements which said Agreement, dated January 23rd 19 97 -, and identified as Project Narbella Estates is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement; TT #14181 Sewer Improvements NOW, THEREFORE, we, the Principal and Frontier Pacific Insurance Company as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of *Seventy Four Thousand Nine Hundred Ninty Two Dollars and no/100ths* Dollars ($ 74,992.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that, if the above bound Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees loft The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the 21st day of January , 19_97__., 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. APP VED AS TO FOR RICHARD K. DENHALT`/ER, CITY ATTORtVY NOTE: Please Attach Acknowledgement and Power of Attorney 2 of 2 PRINCIPAL Marbella Villas, LLC A California Limited Partnership BY: Tropez Development, LLC A California Limited Liability Company, Its. Authorized Member BY: PHO HOMES, INC. A California Corporati• 3fis,Managing Member BY: Name: LV" Title: YT�� (NOTARIZATION AND SEAL) SURETY Frontier Pacific Insurance Company BY: Steven Tyler, Attorney-in-fact • 1 • STATE OF CALIFORNIA ) )ss COUNTY OF SAN DIEGO) On 1/21/97 before me, TREVA KENSLER, personally appeared, STEVEN TYLER, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature TREVA KENSLER Commission At 1045661 da Notary Public -- California San Diego County My Comm. Expires Nov 26. 1998 (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) -RONTIER PACIFIC INSURANCE COMPANY (A California Company) 4250 Executive Square, Suite 200, La Jolla, California 92037 POWER OF ATTORNEY 1; a olu a 11 Ili vil V u Tlrrs r ]J rCS rlt f e: That FRONTIER PACIFIC INSURANCE COMPANY, a California Corporation, having its principal office in La Jolla, California, pursuant to the following resolution, adopted by the Board of Directors of the Corporation on the 15th day of November, 1991. 'RESOLVED, that the Chairman of the Board the President, or any Vice President be, and hereby is. authorized to appoint Attorneys -in - Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business. 'RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate retaking thereto by facsimile. and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attorney -in -Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof, said date to be not later than the date of delivery thereof by such Attorney - in -Fact." This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT WILLIAM R. MCKENZIE, S. PETTERSEN, & STEVEN TYLER of La Jolla , in the State of California its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge and deliver in its behalf, and as its act and deed, without power of redelegation. as follows: Bonds guaranteeing the lidelity of persons holding places of public or private trust; guaranteeing the performance of contracts other than insurance policies; and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed; IN AN AMOUNT NOT TO EXCEED SIX HUNDRED FIFTY THOUSAND ($650,000.00) DOLLARS: and to bind FRONTIER PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of FRONTIER PACIFIC INSURANCE COMPANY. and all the acts of said Attorneys) - in -Fact pursuant to the authority herein given are hereby ratified and confirmed. flu IVi f u vs s 011ered f, FRONTIER PACIFIC (NSURfW COMPANY orr"MEg`ifornia, has caused this Power of Attorney to be signed by its Vice President and its Corporate seal to be affixed this day of 1995 FRONTIER PACIFIC INSURANCE COMPANY °a„ knoa° t BY: *•.,, - - ."' DAVID E. CAMPBELL, Vice President STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) November 15, 1995 On_ ----- ____ _--before me, Treva Kensler, personally appeared David E.Campbell, personally known to meor proved to meonthe basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. WITNESS my hand and official seal TREVA KENSLER Q Commission a 1045661 Z Z Notary Public — California Z Z Son Diego County My Comm, Expires Nov. 26, 1998 Signature of Notary Corporation Acknowledgement 1, the undersigned, Joseph P. Loughlin, Secretary of FRONTIER PACIFIC INSURANCE COMPANY, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, IN WITNESS WHEREOF, I have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of the Corporation this 21St day of January _1997. FM 19 -50028 -FP (4/96) y i Joseph P. Loughlin, Secretary ••,"'"'""'W+ w-1221+-5ee6-710 State of California County of Orange On January 29, 1997 before me, Susan A. McRae, Notary Public, personally appeared Gary R. Emsiek, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Corrn�t hdon01105 \ u.y. `^`�W`^Jq My Cdttn •, AA I& ZD -A LIQ— - W W RP W Signature susMwAACaM -------------------------- Optional Informatio Camnakn• 110 M N01MV Rale—caaa+o Title of Document: Subdivision Faithful Performance Bond and Subdivision Labor and Material Bond Bond #5275 -FP in the penal sum of $74,992.00 For Marbella Villas, LLC Bound Unto: The City of San Juan Capistrano Date of Document: January 29, 1997 - 2 Signatures (one on each bond) EXECUTED IN TRIPLICATE Capacity of Signer: Principal of: Marbellas Villas, LLC A California Limited Liability Company By: Tropez Development, LLC A California Limited Liability Company Its Authorized Member By: PHD Homes, Inc., a California Corporation Its Managing Member Number of Pages: 7 (including this a cknowledgernent) v5q-�nTtfle4 , 01*)r-l" —i n e I s ceh6SFhe1' s SUBDIVISION FAITHFUL PERFORMANCE BOND Bond No. 5274—FP (GOVERNMENT CODE . 66499.0 Premium: $619.00 Executed In Three Counterparts WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Marbella Villas, LLC (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated January 21rd 19 97_____1 and made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement; TT #14181 Strom Drain Improvements NOW, THEREFORE, we, the Principal and Frontier Pacific Insurance Company , as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of *Fifty One Thousand Five Hundred Ninty Dollars and no/100ths********* Dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. RELEASED •i INITIA 0 0 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder. Executed this 19 97 at La Jolla APPROVED AS TO FORM: CITY ATTORNEY 21st day of January Page 2 - Subdivision Performance Bond California. PRINCIPAL Marbella Villas, LLC A California Limited Liability Company BY: Tropez Development, LLC A California Limited Liability Company, Its Authorized Member BY: PHD Homes, Inc. A California Coloration, Its Managing Member BY: Name: Title:. SURETY Frontier Pacific Insurance Company Steven Tylef, Attorney—in—fact E 0 Bond No. 5274—FP EXECUTED IN THREE COUNTERPARTS PREMIUM: Included SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE, SECTION 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and __ Marbella Villas, LLC (hereinafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements which said Agreement, dated January 23rd 19_97__, and identified as Project Marbella Estates is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement; TT # 14181 Storm Drain Improvements NOW, THEREFORE, we, the Principal and Frontier Pacific Insurance Company , as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of *Fifty One Thousand Five Hundred Ninty Dollars and no/100ths} Dollars ($ 51 .590.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that, if the above bound Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees loft • 4 • The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the 21st day of January 19_97_j the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. PRINCIPAL Marbella Villas, LLC A California Limited Partnership BY: Tropez Development, LLC A California Limited Liability Company, Its. Authorized Member APP V AS TO FOR BY: PBD HOMES, INC. A California Corporati< Managing Member RICHARD K. DENHALTER, CITY ATTO BY 1 -- Name: Title: (NOTARIZATION AND SEAL) NOTE: Please Attach SURETY Acknowledgement and Power of Attorney Frontier Pacific Insurance Company BY: t� Steven Ty er, Attorney-in-fact 2 of 2 • - • STATE OF CALIFORNIA ) )ss COUNTY OF SAN DIEGO) On 1/27/97 before me, TREVA KENSLER, personally appeared, STEVEN TYLER, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature TREVA KENSLER Commission # 1045661 ,p Notary Public—Coftmio San Diego Counly My Comm. Expires Nov 26. 1998 (THE BPJ.ANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) f-RONTIER PACIFIC INSURANCE COMPANY (A California Company) 4250 Executive Square, Suite 200, La Jolla, California 92037 POWER OF ATTORNEY liuuhi aft Boll liltLlu0se 1,Ire5euts: That FRONTIER PACIFIC INSURANCE COMPANY, a California Corporation, having its principal office in La Jolla. California, pursuant to the following resolution. adopted by the Board of Directors of the Corporation on the 15th day of November, 1991. _.RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attorneys -in - Fact to represent and act for and on behalf of the Company to execute bonds. undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business. "RESOLVED. that the signatures and attestations of such officers and the seal of f he Company may be affixed fo any such Power of Afforney 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 soaffixed with respect to any bond, undertaking, recognizance orother contractor indemnity or writing obligatory in the nature thereof: "RESOLVED, that any such Attorney -in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof, said date to be not later than the date of delivery thereof by such Attorney -in- Fact." This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT WILLIAM R. MCKENZIE, S. PETTERSEN, & STEVEN TYLER of La Jolla , in the State of California its true and lawful Attorneys) -m -Fact with full power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge and deliver in its behalf, and as its act and deed, without power of redelegation. as follows. Bonds guaranteeing the fidelity of persons holding places of public or private trust: guaranteeing the performance of contracts other than insurance policies: and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed, IN AN AMOUNT NOT TO EXCEED SIX HUNDRED FIFTY THOUSAND ($650,000.00) DOLLARS; and to bind FRONTIER PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of FRONTIER PACIFIC INSURANCE COMPANY, and all the acts of said Altorney(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. flu Witness, 31llrrrruf, FRONTIER PACIFIC INSURE COMPANY oflillb I4M68 jfornia, has caused this Power of Attorney to be signed by its Vice President and its Corporate seal to be affixed this day or 1919 FRONTIER PACIFIC INSURANCE COMPANY Q`°� oPvo 'p4�p :z `JULY 2B BY: ......,,,..''' DAVID E. CAMPBELL, Vice President STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) November 15, 19,5 On be ore me, Treva Kenster, personally appeared David E. Campbell, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal TREVA KENSLER Commission � 1045661 Z Z Notary Public —California D Z _ Son Diego County My Comm, Expires Nov. 26, 1998 Signature of Notary Corporation Acknowledgement I, the undersigned, Joseph P. Loughlin, Secretary of FRONTIER PACIFIC INSURANCE COMPANY, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of the Corporation this FM 19 -50028 -FP (4/96) 21st day of January 1�1 s�u�mn^ is°by PP[/v°PP''P �3 19 9T Joseph P. Loughlin, Secretary W -14214-5195-7M State of California County of Orange On January 29, 1997 before me, Susan A. McRae, Notary Public, personally appeared Gary R. Emsiek, personally known to me to 6e the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. SWM A. Mc RAE _ comtrrrw,.lros�. NokW Rac—caIado MrCamowoetNcwoy6 Imo Signature ------------------------------------------------------------------------------------- Optional Information Title of Document: Subdivision Faithful Performance Bond and Subdivision Labor and Material Bond Bond #5274-FP in the penal sum of $51,590.00 For Marbella Villas, LLC Bound Unto: The City of San Juan Capistrano Date of Document: January 29, 1997 - 2 Signatures (one on each bond) EXECUTED IN TRIPLICATE Capacity of Signer: Principal of: Marbellas Villas, LLC A California Limited Liability Company By: Tropez Development, LLC A California Limited Liability Company Its Authorized Member By: PHD Homes, Inc., a California Corporation Its Managing Member Number of Pages: (including this acknowledgement) ) /�7 c� /Pig le r/rte/+ --/Y1 is Qh0>6/" 15/2 '/ N2.i; RELEASED • CONTRACT BOND — CALIFOIA FAITHFUL PERFORMANCE —PUBLIC WORK Bond No. 5273 -FP DATE Initial premium charged for this bond !s $ 250.00 subject to adjust- INITIALSr ment upon completion of contract at appli- cable rate on final contract price. K; �OWLMEN BY THESE PRESENTS, that Marbella villas, LLC of Irvine, CA as Principal, and the Frontier Pacific Insurance Company a corporation organized and existing under the laws of California and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto the City of San Juan Capistrano, in the sum of *Four Thousand Dollars and no/100ths* Dollars ($ 4,000.00 ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, that WHEREAS, the above -bounded Principal has entered into a Contract dated 23rd January , 19 97 , with the City of San Juan Capistrano to do and perform the following work, to wit- Subdivision;Monumentsfor Marbella Estates NOW, THEREFORE, if the above -bounded Principal shall faithfully perform all the provisions of said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 21st day of January Principal: Marbella Villas, LLC A California Limited Liability Company BY: Tropez Development, LLC A California Limited Liability Company, Its Authorized Member APPROVED AS TO FORM: ju 4,d City Attorney 19 97 BY: PBD HOMES, INC. A California Corporation, Its Managing Member Principal By _C1 i� Name: Gary Emsiek Title: President By Steven Tyler, Attorney-in-fact Frontier Pacific Insurance Company VOTE: Acknowledgements of execution of Principal and Surety must be attached. 0 0 STATE OF CALIFORNIA ) )ss COUNTY OF SAN DIEGO) On 1/21/97 before me, TREVA KENSLER, personally appeared, STEVEN TYLER, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature TREVA KENSLER Commission # 704566) �. Notary Public — California Son Diego County My Comm. Expires Nov 26. 1998 r****>k+��.*****arr**s+r*«a***rasxa*s*►asra*..*a*•r..:*>k•srs:*>ks�.r..►.**r■*■a* (THE BA1,ANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) 121RONVINER PACIFIC INSURANCE COMPANY (A California Company) 4250 Executive Square, Suite 200, La Jolla, California 92037 POWER OF ATTORNEY V1ttntu all M10114111 T'1110ec1-40erltt': That FRONTIER PACIFIC INSURANCE COMPANY, a California Corporation, having its principal office in La Jolla. California, pursuant to the following resolution, adopted by the Board of Directors of the Corporation an the 15th day of November, 1991. "RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attorneys -in - Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business. 'RESOLVED, that the signatures and attestations of such officers and the seal of the Company may beaffixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof 'RESOLVED. that any such Attorney -in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof, said date to be not later than the date of delivery thereof by such Attorney -In -Fact" This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT. WILLIAM R. MCKENZIE, S. PETTERSEN, & STEVEN TYLER of La Jolla , in the State of California its true and lawful Attorney(&) -in -Fact with full power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge and deliver in its behalf, and as its act and deed, without power of redelegation. as follows. Bonds guaranteeing the fidelity of persons holding places of public or private trust; guaranteeing the performance of contracts other than insurance policies: and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed, IN AN AMOUNT NOT TO EXCEED Six HUNDRED FIFTY THOUSAND ($650,000.00) DOLLARS; and to bind FRONTIER PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of FRONTIER PACIFIC INSURANCE COMPANY. and all the acts of said Aftorney(s)-m-Fact pursuant to the authority herein given are hereby ratified and confirmed 7In 311ithese 111herrdf, FRONTIER PACIFIC INSURE COMPANY ofj�baW Sglforms, has caused this Power of Attorney to besig tBd by its Vice President and its Corporate seal to be affixed this day of 19 9 FRONTIER PACIFIC INSURANCE COMPANY iA C�I,iOPY BY: STATE OF CALIFORNIA) DAVID E. CAMPBELL, Vice President ..........��` COUNTY OF SAN DIEGO) On November 15,110,5 re me, Treva Kensler, personally appeared David E. Campbell, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal TREVA KENSLER Commission x 1045661 Z ZNotary Public — California Z Zamy San Diego County D Comm. Expires Nov. 26.19Q8 Signature of Notary Corporation Acknowledgement I, the undersigned, Joseph P. Loughlin, Secretary of FRONTIER PACIFIC INSURANCE COMPANY, do hereby certify thatthe original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of the Corporation this 21st day of January 19 97 '•'!:. �'<r�`?yV Joseph P. Loughlin, Secretary FM 19 -50028 -FP (4/96) ""' w-12214-51es-7M State of California County of Orange On January 29, 1997 before me, Susan A. McRae, Notary Public, personally appeared Gary R. Emsiek, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. .- SlPA COnvriabn CAiIR=OAE No" Ptak — camera 0MrQ9Coj* M(2 MV corrm. �h! . I5. -41 7aq SignatureJ— /i Q. (2 Optional Information Title of Document: Subdivision Faithful Performance Bond and Subdivision Labor and Material Bond Bond #5273 -FP in the penal sum of $4,000.00 For Marbella Villas, LLC Bound Unto: The City of San Juan Capistrano Date of Document: January 29, 1997 - 2 Signatures (one on each bond) EXECUTED IN TRIPLICATE Capacity of Signer: Principal of: Marbellas Villas, LLC A California Limited Liability Company By: Tropez Development, LLC A California Limited Liability Company Its Authorized Member By: PHD Homes, Inc., a California Corporation Its Managing Member Number of Pages: 4 (including this acknowledgement) nTw I S Q.n D Mer -.S I q h2 f 0 0 AGENDA ITEM September 7, 1999 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering & Building SUBJECT: Resolution, Notice of Completion, Acceptance of Improvements and Release of Surety, Tract #14181 (Marbella Villas, LLC) RECOMMENDATION Approve the Resolution to: Accept the public storm drain and sewer improvement systems as well as the work of improvement for the private streets, street monumentation and landscape & irrigation within Tract 14181 and authorize the release of the corresponding bonds. 2. Authorize the City Clerk to file a Notice of Completion for the public and private improvements within Tract 14181 with the Orange County Recorder. SITUATION A. Summary and Recommendation Marbella Villas LLC has requested the City to release the street, street monumentation, storm drain, sewer and landscape & irrigation bonds held by the City. These improvements have been recently inspected and satisfactorily completed. Staff recommends the release of the corresponding bonds. B. Background "Marbella Villas LLC", developer of 44 homes on 14.1 acres of land subdivision in Tract 14181 (Within the Marbella Golf & Country Club), has completed the improvement work as required by the Tract's Conditions of Approval and the Subdivision Improvement Agreement. The Final Map, along with said Subdivision Improvement Agreement were approved by the City on April 1, 1997. In order to insure the accepted work of improvement and material against any defect, one year Warranty Bonds of 25% of all original bond amounts, excluding landscape & irrigation, have been posted with the City Engineer and a one year Warranty Bond of 20% of the landscape & irrigation bond amount has been posted with the Marbella HOA. FOR CIN COUNCIL AGEN4-r AGENDA ITEM September 7, 1999 Page 2 With the completion of the improvements as noted in the summary above, the bond release is recommended as follows: SURETY COVERAGE TYPE OF ORIGINAL AMOUNT (Frontier Pacific Ins.) IMPROVEMENT TO BE RELEASED Bond # 5276 -FP Street $200,722.00 Bond # 5274 -FP Storm drain $51,590.00 Bond # 5275 -FP Sewer $74,992.00 Bond # 5276 -FP Landscape & $154,124,00 brig. Bond # 5273 -FP I Monumentation $4,000.00 COMMISSION/BOARD REVIEW, RECOMMENDATIONS None FINANCIAL CONSIDERATIONS None NOTIFICATION Bob Pitman, Pacific Heritage Development Cyndi Koester, Concord Management Co. (For Marbella Homeowners Association) ALTERNATE ACTIONS 1. Adopt the Resolution. 2. Do not adopt the Resolution. 3. Refer to Staff for additional information. 0 0 AGENDA ITEM September 7, 1999 Page 3 Approve the Resolution to: 1. Accept the public storm drain and sewer improvement systems as well as the work of improvement for the private streets, street monumentation and landscape & irrigation within Tract 14181 and authorize the release of the corresponding bonds. 2. Authorize the City Clerk to file a Notice of Completion for the public and private improvements within Tract 14181 with the Orange County Recorder. Respectfully submitted, Prepared By: William M. Huber, P.E. am oucair Director of Engineering & Building Senior Engineer WMH/SS:ss attachment: cAagendasVr14181 f.ss Resolution Notice of Completion Location Map E 0 RESOLUTION NO. 99-9-7-1 COMPLETION OF IMPROVEMENTS AND RELEASE OF CORRESPONDING BONDS - TRACT 14181, MARBELLA VILLAS LLC 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 CERTAIN PUBLIC AND PRIVATE IMPROVEMENTS WITHIN TRACT 14181, MARBELLA VILLAS LLC WHEREAS, on the 1st day of April, 1997, the City of San Juan Capistrano entered into a Subdivision Improvement Agreement with Marbella Villas, LLC, 15707 Rockfield Boulevard, Suite 225, Irvine, California, providing for the construction of certain public and private improvements within Tract 14181; and, WHEREAS, Marbella Villas LLC, has requested that the City determines that the street, storm drain, sewer, landscape and irrigation improvement work, as well as the street monumentations within Tract 14181 are complete and the that the following corresponding sureties may be released accordingly: Surety Coverage (Frontier Pacific Ins.) Bond No. 5276 -FP Bond No. 5274 -FP Bond No. 5275 -FP Bond No. 5276 -FP Bond No. 5273 -FP Type of Improvement Amount Street $200,722 Storm Drain $ 51,590 Sewer $ 74,992 Landscape & Irrigation $154,124 Monumentation $ 4,000 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano as follows: completed. Completion. SECTION 1. That the work required to be performed by said Developer has been SECTION 2. That the work is hereby accepted and approved. SECTION 3. That the sureties may be released 35 days after recordation of the Notice of -1- 0 0 SECTION 4. That 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 7th day of September ,1999. L i�, �- J HN GREW ER, MAYO ATTEST: CITY CLERK 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. 99-9-7-1 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 7th day of Sotember , 1999, by the following vote: AYES: Council Members Jones, Swerdlin, Hart, Campbell and Mayor Greiner NOES: None ABSTAIN: None ABSENT: None (SEAL) CHERYL JO N, CITY CLERK -2- COMMERCIAL SITE 0 y .J i> NAABELLA CORTE N 53.46'37-E i -AD CIL VIA CONOUISTA TRACT 14181 LOCATION MAP 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1 171 (949) 493-1053 (FAX) September 8, 1999 Clerk -Recorder's Office County of Orange P. O. Box 238 Santa Ana, California 92701 Javan C� mm muosau 1961961 1776 MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL JOHN GREINER WYATT HART GIL JONES DAVID M. SWERDLIN CITY MANAGER GEORGE SCARBOROUGH Re: Notice of Completion - Tract 14181 Public and Private Improvements Gentlemen: 1 The following document is enclosed for recordation: Notice of Completion - public and private improvements in Tract 14181 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, Che (Johnson City Clerk Enclosure Recorded in the county of orange, California Gary L. Granville, Clerk/Recorder II IIIIIIIIINIIIIIIIIII�IIIIIIINNI111111111111111111 No Fee 19990655675 3;47pm 09/10/99 005 24017463 24 56 N12 1 6.00 0.00 0.00 0.00 0.00 0.00 Document Number Date Ir - Still Jiltil1 Capistrz)no: Pa'serving the Past to Enhance the Future DpU6 USE IS 0 MEMORANDUM 14bam7-t,0, 1997 AArt 1 s TO: Cheryl Johnson, City Clerk FROM: Sam Shoucair, Senior Engineer IS - SUBJECT: Tract 14181 - Marbella Villas, LLC, Surety Submittals The developer of the subject project has submitted the attached bonds, in duplicate, as surety for the work required by the Subdivision Improvement Agreement. These bonds, issued by Frontier Pacific Insurance Company, are as follows: BOND NO. TYPE OF IMPROVEMENT AMOUNT 5276 -FP Street $200,722 5274 -FP Storm Drain $51,590 5275 -FP Sewer $74,992 5272 -FP Landscape and Irrigation $154,124 5273 -FP Monumentation $4,000 In addition to providing these bonds, the developer has submitted the Subdivision Improvement Agreement (wet signed and in duplicate) for City Council consideration. It is requested that the City Clerk's office retain possession of the attached bonds until authorized for release by City Council. SS:ssg attachments sam\2-10marb.mem V V/ • 0 TO: Cheryl Johnson, City Clerk FROM: Sam Shoucair, Senior Engineer IS SUBJECT: Tract 14181 - Marbella Villas, LLC, Surety Submittals February 10, 1997 The developer of the subject project has submitted the attached bonds, in duplicate, as surety for the work required by the Subdivision Improvement Agreement. These bonds, issued by Frontier Pacific Insurance Company, are as follows: BOND NO. TYPE OF IMPROVEMENT AMOUNT 5276 -FP Street $200,722 5274 -FP Storm Drain $51,590 5275 -FP Sewer $74,992 5272 -FP Landscape and Irrigation $154,124 5273 -FP Monumentation $4,000 In addition to providing these bonds, the developer has submitted the Subdivision Improvement Agreement (wet signed and in duplicate) for City Council consideration. It is requested that the City Clerk's office retain possession of the attached bonds until authorized for release by City Council. S 8: ssg attachments sam\2-10marb.mem 9 April 11, 1997 Pacific Heritage Development 15707 Rockfield Boulevard, Suite 255 Irvine, California 92618 MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL JOHN GREINER WYATT HART GIL JONES DAVID M. SWERDLIN CITY MANAGER GEORGESCARBOROUGH Re: Approval of Final Mai) and Subdivision Improvement Agreement - Tract 14181 Gentlemen: At their meeting of April 1, 1997, the City Council of the City of San Juan Capistrano approved the Final Map for Tract No. 14181, Marbella Villas, based on its conformance to the requirements set forth in the Subdivision Map Act and the previously -approved Tentative Tract Map conditions. The Map and Subdivision Improvement Agreement have been signed by the City and forwarded to the Orange County Recorder's Office for recordation. A fully -executed copy of the Agreement is enclosed for your files. Please feel free to contact us if you need any additional information. Very truly yours, Cheryl Jolinson, CMC City Clerk Enclosure cc: Leighton & Associates Keith Companies Engineering and Building Director (with copy of Agreement) Sam Shoucair (with copy of Agreement) 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 deGuevara and Ethel Tregarthen, Housing Advisory Committee; Kathy Holmes, Parks, Recreation and Equestrian Commission; and, Al Simmons, Senior Liaison. ORAL COMMUNICATIONS (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY) - None CONSENT CALENDAR It was moved by Council Member Jones, seconded by Council Member Swerdlin, that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Council Members Jones, Swerdlin, Hart, Campbell and Mayor Greiner �`[i1�.�`►LTita ABSENT: None MOTION TO READ BY TITLE ONLY The Reading of all Ordinances by title only was approved. 2. APPROVAL OF CITY COUNCIL MINUTES OF AUGUST 3. 1999 The Minutes of the Regular Meeting of August 3, 1999, were approved as submitted. 3. RECEIVE AND FILE WARRANTS OF AUGUST 12, 1999 (300.330 The List of Demands dated August 12, 1999, in the total amount of $1,003,340.01, was ordered received and filed. 4. RESOLUTION, NOTICE OF COMPLETION, ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF SURETY, TRACT 14181 (MARBELLA VILLAS LLC) (600.30) As set forth in the Report dated September 7, 1999, from the Engineering and Building Director, the following Resolution was adopted accepting the public storm drain, sewer improvement systems, private streets, street monumentation, landscaping and irrigation within Tract 14181: MARBELLA VI LLAS LLC -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 CERTAIN PUBLIC AND PRIVATE IMPROVEMENTS WITHIN TRACT 14181, MARBELLA VILLAS LLC City Council Minutes -2- 917/99 The Minutes of the Regular Meeting of March 4, 1997, were approved as submitted. b. Adiourned Regular Meeting of March 10, 1997 The Minutes of the Adjourned Regular Meeting of March 10, 1997, were approved as submitted. RECEIVE AND FILE WARRANTS OF MARCH 12. 1997 (300.30) The List of Demands dated March 12, 1997, in the total amount of $239,679.36 was received and filed. 4. RECEIVE AND FILE CASH BALANCES BY FUND FOR FEBRUARY 1997 330.50 The City Treasurer's Report of Cash Fund Balances for the month of February 1997 in the total amount of $-228,813.57 was received and filed. AWARD OF CONTRACT - CITY STREET LIGHT MAINTENANCE AND REPAIRS (PEEK TRAFFIC SIGNAL MAINTENANCE_ INC.)(600.30) As set forth in the Report dated April 1, 1997, from the Acting Director of Public Lands and Facilities, the contract for the annual maintenance and repair of the City's street lights was awarded to the lowest responsible bidder, Peek Traffic Signal Maintenance, Inc., in an amount not to exceed $20,000 per year for the two-year period of July 1, 1997, through June 30, 1999. All other bids were rejected. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. —3P 6. APPROVAL OF FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT - MARBELLA SPD. TRACT 14181 (MARBELLA VILLAS LLC) 600.330 As s t forth in the Report dated April 1, 1997, from the Director of Engineering and Building, the Final Map for Tract 14181 was approved, based on the finding that the Map is in conformance with the Subdivision Map Act and all applicable conditions of the approved Tentative Tract Map. The City Engineer and City Clerk were authorized to execute the Final Map, and the Mayor was authorized to execute the Subdivision Improvement Agreement and accept the corresponding securities. The City Clerk was directed to record the Map and the Agreement with the County Recorder. ADOPTION OF RESOLUTION URGING THE U.S. POSTAL SERVICE TO ALLOW THE LOMITA. CALIFORNIA POST OFFICE TO FLY THE NATIONALLY RECOGNIZED POWMA FLAG (150.101 As set forth in the Report dated April 1, 1997, from Carole Jacklin, Council Services Administrator, the following Resolution was adopted urging the U. S. Postal Service to allow the Lomita, California Post Office to fly the nationally recognized POW/MIA flag: City Council Minutes -3- 4/1/97 AGENDA ITEM April 1, 1997 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering & Building SUBJECT: Approval of Final Map and Subdivision Improvement Agreement, Marbella SPD, Tract 14181 (Marbella Villas LLC) 10 x0jahlun1 1 1. Approve the Final Map for Tract No. 14181 as it conforms to the requirements set forth in the Subdivision Map Act and the previously approved Tentative Tract Map conditions. 2. Authorize the City Engineer and the City Clerk to execute the Final Map. 3. Authorize the Mayor and City Clerk to execute the Subdivision Improvement Agreement and accept the corresponding securities. 4. Direct the City Clerk to forward the Map and Subdivision Agreement to the County Recorder. SITUATION A. Summary and Recommendation Marbella Villas LLC (MV), the new owner/developer of 44 residential homes on approximately 11.6 acres of land subdivision in Tract 14181 has submitted the Final Map for City Council consideration and approval. The map, as well as the grading and improvement plans, have been reviewed by the Engineering Division and were found to be in conformance with the Tentative Tract Map and the Subdivision Map Act. All applicable conditions of approval required by Resolution 93-7-6-3 (Attachment 1) have been met. All appropriate bonds and fees have been submitted and paid to the City and the developer has signed the City's Subdivision Improvement Agreement (Attachment 2). B. Background On May 21, 1991, the City Council adopted Resolution No. 91-5-21-5 conditionally approving Vesting Tentative Tract Map 14181 for a 14.1 acre project consisting of a 44 lot residential tract and an adjacent commercial office site (Attachment 3). The developer was the Marbella Land and Development company (MLDC). FOR CITY COUNCIL AGEND3� D 0 0 AGENDA ITEM -2- April 1, 1997 On July 6, 1993, the City Council conditionally approved a time extension to said tract by Resolution 93-7-6-3. In July of 1996, MV, controlled by Pacific Heritage Development, acquired the entire tract from MLDC. However, the purchase agreement required MV to deed back the commercial site to MLDC upon the recordation of a separate tract map for the 2.41 acre commercial site. On December 17, 1996, the City Council approved the Final Tract Map 15386 for such commercial site and authorized recordation with the County Recorder. The map, as well as all improvement plans for Tract 14181, have been reviewed and approved by the City Engineer, and the City Planning Director has approved the covenants, conditions and restrictions (CC&Rs). The final items listed below have been reviewed and found to be in compliance with the requirements of the Final Tract Map: 1. Applicable Subdivision fees 2. Subdivision Improvement Agreement executed in duplicate 3. Faithful Performance and Labor and Material bonds for: a. Street Improvement b. Storm Drain Improvement c. Sewer Improvements d. Landscape and Irrigation Improvements e. Survey Monumentation (performance bond) The project has been previously reviewed and approved by the Environmental Review Board, Transportation Commission and the Planning Commission. FINANCIAL CONSIDERATIONS All applicable fees have been paid and the required sureties posted with the City. NOTIFICATION Pacific Heritage Development The Keith Companies Leighton & Associates, Project Geotechnical Engineer ALTERNATE ACTIONS Approve the Final Tract Map 14181 and the Subdivision Improvement Agreement. Do not approve the Final Tract Map 14181 and the Subdivision Improvement Agreement. Refer to Staff for additional information. 0 E AGENDA ITEM -3- April 1, 1997 RECOMMENDATION 1. Approve the Final Map for Tract No. 14181 as it conforms to the requirements set forth in the Subdivision Map Act and the previously approved Tentative Tract Map conditions. 2. Authorize the City Engineer and the City Clerk to execute the Final Map. 3. Authorize the Mayor and City Clerk to execute the Subdivision Improvement Agreement and accept the corresponding securities. 4. Direct the City Clerk to forward the Map and Subdivision Agreement to the County Recorder. Respectfully Submitted: Prepared By: William M. Huber, P.E. Shoucarr Director of Engineering & Building Senior Engineer WMH/SS:ssg Attachments: 1. Resolution 93-7-6-3 2. Subdivision Improvement Agreement 3. Location Map x\agendas\4- lmarb.sam 10 • 3851 RESOLUTION NO. 93-7-6-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING A ONE-YEAR TIME EXTENSION ON THE APPROVAL OF VESTING TENTATIVE TRACT MAP 14181, LOCATED AT THE WESTERN PERIMETER OF THE MARBELLA PLANNED COMMUNITY, EAST OF RANCHO VIEJO ROAD AND NORTH OF GOLF CLUB DRIVE (MARBELLA DEVELOPMENT COMPANY) WHEREAS, the applicant, Marbella Development Company, has submitted an application for a one-year time extension on the approval of Vesting Tentative Tract Map 14181 for the property located on and adjacent to the western perimeter of the Marbella Planned Community, east of Rancho Viejo Road, and north of Golf Club Drive; and, WHEREAS, a public hearing has been duly advertised and held to review and receive public testimony on the applications; and, WHEREAS, the City Council of the City of San Juan Capistrano finds and determines as follows: 1. The proposed project, as conditioned, and its design and improvements are consistent with the land use designation of the General Plan in that its proposed uses were included in a detailed study, Comprehensive Development Plan 86-4, which determined that the residential uses and commercial land uses were appropriate for the subject property. 2. The proposed project, as conditioned, conforms to all applicable requirements of Title 9 of the City's Municipal Code and the Marbella Comprehensive Development Plan (CDP 86-4) in that the proposed uses's development standards are consistent with the existing Fairway Residential and Specific Development zone districts approved for the Marbella Planned Community. 3. The project site is physically suitable for the type and density of the proposed development in that the uses will be less intense than the uses approved for the site pursuant to Comprehensive Development Plan 86-4. 4. The design and improvements of the proposed project will not cause substantial environmental damage; nor will said design or improvements avoidably injure wildlife or their habitat in that adequate mitigation measures have been employed to reduce any potential impact to a level of non -significance. 5. The design or improvements of the proposed project will not cause serious public health problems in that sufficient mitigation measures have been conditioned which will reduce any potential impact to a level of non -significance. -1- ATTACHMENT 1 3$6 ' • NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby approve a one-year time extension to May 21, 1994, on the approval of Vesting Tentative Tract Map 14181, subject to the following conditions: 1. Expiration of Approval - Per Section 9-2.305 of the Municipal Code, this project approval s all expire one year from the City Council approval date, unless the tentative map approval is extended. 2. HomeWarrant - The provisions of Title 8, Chapter 9 (Home Warranty Ordinance of the Municipal Code shall apply to any person, firm or corporation selling or offering for sale within the project three or more dwelling units, not previously occupied for residential purposes, during any twelve month period. 3. Landscaping - Landscaping shall be installed as follows: a. Erosion -Control landscaping for all manufactured slopes shall'be installed immediately following the certification of the rough grading and approved by the Building Division. b. The developer shall be responsible for adequately installing and maintaining all landscaping until such maintenance may be assumed by the Property Owners` Association. The developer shall enter into a license agreement with the Engineering Division for maintenance of landscaping within public rights-of-way adjacent to the property's frontage. C. Final building inspection shall not be conducted for any dwelling unit until street trees have been installed and approved by the Marbella Property Owners' Association. d. The tract design shall incorporate all landscaping buffer areas adjacent to the sound walls into areas maintained by the Homeowners' Association. Said provisions shall be included in the tract CC&Rs. e. The minimum box size for the California Pepper trees in the buffer area on the slope shall be 36' box. 4. Prior to Final Map Approval, the Subdivider Shall Complete the Following: a. CC&Rs - The developer shall submit a set of conditions, covenants, and restrictions (CC&Rs) for the project. Said CC&Rs shall be approved by the Director of Planning, City Engineer and City Attorney. The CC&Rs shall be recorded in conjunction with the final map and shall include at the minimum: (1) Provisions on the use and maintenance by the Homeowners' Association of common areas and slopes. -2- • • 3 8 7.. (2) The prohibition of radio or television antennas projecting above any roof eaves. b. Street Names - Streets names shall be approved by the Director of Planning. C. Off -Site Grading - Any off-site grading will require written permission of property owner affected. Said written notice shall be notarized and filed with the City Engineer. d. Geotechnical Study - A Soil Report/Geotechnical Feasibility Study shall be submitted to and approved by the Director of Building and Engineering Services. The applicant may provide an updated addendum to the geotechnical study submitted for Tract 12954. e. Hydrological and Hydraulic Calculations - Submit to the Engineering Division a storm run-off study showing existing and proposed facilities, hydraulic and hydrologic calculations, and the method of draining this area and tributary areas without exceeding the capacity of any street or facility on-site or off-site. f. Slope Warranty - The developer shall implement a soils subsidence program for all residential lots. The program shall be approved by the Director of Building and Engineering Services. g. Fees and Deposits - The developer shall submit all required deposits, fees and bonds in accordance with the Municipal Code. Any fees, deposits or bonds that were collected with Tract 12954 shall not be duplicated. h. Maintenance and Liability Insurance - An agreement shall be executed and approved for maintenance and liability insurance for walks and utility easement on the east side of Rancho Viejo Road and immediately adjacent to the property. Improvement Plans - The improvement plans shall be submitted to and meet the approval of the City Engineer. (1) The developer shall submit street improvement plans, prepared by a civil engineer that show storm drain, sewer and water improvements, Water improvement plans shall meet the approval of the Capistrano Valley Water District and the Orange County Fire Marshall. Subdivider shall include the following information on the final map: a. Street Design - The street design shall meet the approval of the City Engineer and shall include the following: -3- 3$S 1 • • (1) The curves on "A" Street, west of "B" Street, shall be designed for a minimum of 20 miles -per -hour, governed by the safe speed on horizontal curves, or change to a knuckle design. (2) Provide a maximum 4 percent approach grade on "A" Street for 100 feet from the curb returns "A" Street at the Marbella Vista intersection. (3) On "C" Street, if possible, provide off-street parking in the island. (4) Provide a minimum 100 -foot tangent for "B" Street from the center line of "A" Street, or secure approval from City Engineer for lesser tangent. b. Dedications and Easements (1) Dedicate a utility and public sidewalk easement along the property's frontage and adjacent to the street right-of-way line. (2) Provide a ten -foot radial cut-off at the northwest corner of Lot 8 for 20 -foot access easement. This easement shall not diminish the lot's 45 -foot frontage. (3) Dedicate appropriate easements to the City for emergency and public security ingress and egress purposes. (4) Drain and sewer facilities shall be provided with necessary easements for main line facilities. c.Vehicul shar Rights - Vehicular access rights to Rancho Viejo Road all be relinquished to the City, except at approved driveways and street intersections. 6. Any conditions that have been fully accomplished through Tract 12954 shall not be duplicated. 7. The grading contours shall be softened on the northern portion of the project. 8. Building materials for the commercial site shall be limited to non - reflective surfaces, to exclude excessive glare into the residential use. 9. Exterior lighting for buildings and parking lot areas in the commercial site shall be directed downward and away from residence so as to avoid light spillage into the residential areas. -4- 10. Lighted signs from the commercial site that are visible from the residential tract shall be prohibited. PASSED, APPROVED, AND ADOPTED this 6th day of July ,1993. ATTEST: i 0 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. 9;-7-6-3 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 6th day of July , 1993, by the following vote: AYES: Council Members Nash, llausdorfer, Campbell, Vasquez and Mayor Jones NOES: None ABSTAIN: None ABSENT: None (SEAL) CHERYL JOHNSON—,CITY-CLERK -5- i INDEX & VICINITY MAP 44 ' A NO INDICATES SHEET NUMBER 8 3 �'N 01405 W y naN. vo. 43 n v 42 41 \� Y 40 O J 39 MAASELLA CORTE 33 1 sd�o r` 0 38tfA CT e os\ y 3 / - 37 1� �s's .o i ;— � 36 35 C/L VIA CONOUISTA 4 1.i3 2 PS 0. � 12 3 ti 21 4 25 20 32 ° N os• 22 31°sa s. 23 ❑ +Ny yS 6P1�\ �A 24, U w 30 \3°6 w 0' 9 1 29 1 > ly p4 \0g �l�+ 19 J 25 y / 1126 F GPS NO. 00,+% s 6 t� 26' z c \ 3 4388 r3y6 3a / e 17 �Tj� N o 3 ane yon 16 9� " 93tA 5a N 1ga9 ^ H rs`9g 2 10 \ O ' S5 � F� y J cc d9.?9 i 13+� .H°4J�s.M 14 4 ,2 v 5 \ tsp a 11 O 10 a 12/yo N2.113 11 o C' D JA 3 y 9 I�✓O \a32 ' 3al � t > ,0 COMMERCIAL SITE �� \ y �5 �or 4 N 53.46 37'E-// -an--ro- VrC7 s'a° ATTACHMENT 3 • April 11, 1997 Clerk -Recorder's Office County of Orange P. O. Box 238 Santa Ana, California 92701 MAW U'IA 10 a I. A nl➢ [nHLfXm 1961 1776 Re: Subdivision Improvement Agreement - Tract 14181 Gentlemen: The following document is enclosed for recordation: MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL JOHN GREINER WYATT HART GIL JONES DAVID M. SWERDLIN CITY MANAGER GEORGESGARBOROUGH Subdivision Improvement Agreement for Marbella Villas - Tract 14181 A check in the amount of $53 has been enclosed to cover recordingand conformed copy fees. When placed of record, please return said document to this office. A duplicate copy of this letter is enclosed. Please stamp Document Number and date of recording on the letter and return it to this office in the enclosed, stamped, self-addressed envelope at your earliest convenience. Thank you for your cooperation. Very truly yours, Cheryl Johns n City Clerk Enclosure Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder �Illlllfflllllllllllllflll�llllllllll� Illllll�lllllllllfll�f SII 52-00 19970178558 11; 22am 04/18/97 005 24005755 24 63 R12 16 7.00 45.00 0.00 0.00 0.00 0.00 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 ®PACIFIC HERITAGE D E V E L O P M E N T rine Hames at Q Ia y and We August 25, 1999 Sam Shoucair, Senior Engineer City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RE: Tract 14181, Marbella Ridge Bond Exoneration — Warranty Bonds Dear Mr. Shoucair: In accordance with our previous discussions, I am forwarding to you the required warranty bonds to facilitate the exoneration of our existing bonds scheduled for the September 7, 1999 city council hearing. The following lists the outstanding improvement bonds and their warranty replacement: Bond # Bond Type Amount Warranty # Amount 5276 -FP Street $200,722 SD00021925 $50,181 5275 -FP Sewer 74,992 SD00021927 18,748 5274 -FP Storm Drain 51,590 SD00021924 12,898 5273 -FP Monumentation 4,000 5276 -FP Landscape & Irr. 154,124 SD00021926 n/a . ? (30,825 w;7 �f "� ►+N t�kOA Thank you and your staff for all your help on our building project and for the required Doleb work to process our bond exoneration request. Should you have any questions or need L©n(Jern additional information, please do not hesitate to contact me. US ^, Sincerely, Bob Pittman Project Manager 15707 Rockfleld Boulevard, Suite 255, Irvine, California 92618 • Tel: (949) 462-9040 Fax: (949) 462-9044 Bond No. SD00021924 SUBDIVISION WARRANTY BOND (GOVERNMENT CODE, Sections 66499.7 and 66499.9) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Marbella Villas, LLC , (hereinafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements which said Agreement, dated January 23rd 19 97 and identified as Project Final Map - Tract 14181 is hereby referred to and made a part hereof; and, WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the guarantee and warranty of the improvements required under said agreement; NOW, THEREFORE, we, the Principal and Frontier Pacific Insurance Company Jas Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City", in the penal sum of *TWELVE THOUSAND EIGHT HUNDRED NINETY EIGHT* Dollars ($ 12,898.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if Principal shall promptly and faithfully perform such warranty and guarantees as specified in said Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. 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. lof2 SIL, I, JOSEPH P. LOUGHLIN, Secretary of FRONTIER INSURANCE COMPANY of Rock Hill, New York, do hereby certify that the foregoing Reso- lution adopted by the Board of Directors of this Corporation and the Powers of Attorney issued pursuant thereto, are true and correct, and that both the Resolution and the Powers of Attorney are in full force and effect. 3n V itness Wf)tT¢O f I have hereunto set my hand and affixed the facsimile seal of the co ration this day of 119 ?6_ '002 - J SEPH P. LOUG LIN, Secretary f..o.« FM 10-5002-B (11W) i CALIFORNIA A ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTYOF San Bernardino ) On J„i y 2s, i 9aca before me, Judith S. Mendibles, Notary P,�hl it DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC' personally appeared, Christina M. Ades, Attorney -in -Fact personally known tome (rnpreaeau da=a) to be the person (s} whose names} is/aFe subscribed to the within instrument and acknowledged tome that 1;e/she/ -hey executed the same in 11is1her/#*ir authorized capacity(ies), and that by his/her/.tbeiL signature(a}on the instrument the person (a), or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. i NOTARY PUBLIC b"TURE Judith S. Mendibles Comm. *11"7" o TARY PUBLIC CALIFORNI C BAN BERNARL C0UNry (1 (SEAL) Comm. EXP Aup. 23, 2001 OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE NUMBER OF PAGES CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ss. �� l �)�QJ On `6[1/ r,) 9 before me, Date personally appeared�� r: I!r: 1 rri personally known to me LJ proved to me on the basis of satisfactory evidence to be the person( whose namq*) is/Ae subscribed to the within instrument and acknowledged to me that he/sKe/th)(y executed the same in his/*/th9l, authorized capacity(i ), and that by his/[Ar/thir signature on the instrument the person(), or the entity upon behalf of which the person* acted, executed the instrument. WITNESS my d ancliaf s I. Place Notary Seal Above 0 SlIfiature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual ' Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 1997 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth. CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Fre. 1-800-876-6827 jy(+A K.a(.�a1VVY R tEf yld {W�f uiC�AVt%Y VIM L � � � o ��`Rrt.0 ,r . ' .. . Y A`�' : � �rl,xi �, x � t 3�•°"� +14 tr�'�v2a"� f'1 �" Jr xtt^"�Y"e :;, �f 1 Bond No. SD00021924 SUBDIVISION WARRANTY BOND (GOVERNMENT CODE, Sections 66499.7 and 66499.9) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Marbella Villas, LLC (hereinafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements which said Agreement, dated January 23rd 19 97 and identified as Project Final Man - Tract 14181 is hereby referred to and made a part hereof; and, WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the guarantee and warranty of the improvements required under said agreement; NOW, THEREFORE, we, the Principal and Frontier Pacific Insurance Company -'as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City", in the penal sum of *TWELVE THOUSAND EIGHT HUNDRED NINETY EIGHT* Dollars ($ 12,898.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if Principal shall promptly and faithfully perform such warranty and guarantees as specified in said Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. 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 eniorciug such obligation, all to be taxed as costs and included in any judgment rendered. I of 2 The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the 7th day Of September 19_22_j the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. PRINCIPAL: Marbella Villas, LLC PRINCIPAL Y PHD1Homes, Inc. a_California a California Limited Liability Companyorporation, Its Managing Member BY Tropez Development, LLC a California Limited Liability Company, BY Its Authorized Member Gary REpm, President APP VED AS TO FOR (NOTARIZATION AND SEAL) RICHARD K. DENHALTER, CITY ATTO SURE Christina M. Ades Power—of—Attorney (NOTARIZATION AND SEAL) NOTE: Please Attach Acknowledgement and Power of Attorney 2 of 2 =RONT/RR INSURANCE COMPANY ROCK HILL, NEW YORK 12775-8000 (a Stock Company) POWER OF ATTORNEY Rnow Aff Men' ?y Vgcse'Presents: That FRONTIER INSURANCE COMPANY, a New York Corporation, having its principal office in Rock Hill, New York, pursuant to the following resolution, adopted by the Board of Directors of the Corporation on the 4th day of November, 1985. "RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attomeys-in- Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attomey4n-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert In such certification the date thereof, said date to be not later than the date of delivery thereof by such Attomey-in-Fact." This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT:CHRISTINA M. ADES THOMAS JOEL WRIGHT Of Upland , in the state of California its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge and deliver in its behalf, and as its act and deed, without power of redelegation, as follows: Bonds guaranteeing the fidelity of persons holding places of public or private trust, guaranteeing the performance of contracts other than insurance policies; and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed; IN AN AMOUNT NOT TO EXCEED SIX HUNDRED FIFTY THOUSAND ($650,000.00) DOLLARS; and to bind FRONTIER INSURANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of FRONTIER INSURANCE COMPANY, and all the acts of said Attomey(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. alt Witness WIj)CTCOf FRONTIER INSURANCE COMPANY of Rock Hill, New York, has caused this Power of Attorney to be signed by its Vice President and its Corporate seal to be affixed this day of((yy , 19 23rd FebruaFRONTIER INSURANCE C MPAa 98 )�+ �9UNpryCFx,+- {4P pVOpp CO ', f < ;a. UaFAL° x pMYOpi �r STATE OF NEW YORK) "."• DAVID E. CAMPBELL, Vice President COUNTY OF SULLIVAN) as: 23rd February 98 On this day of , 19 ,before me, Trove Kensler, Notary Public, personally ap- peared David E. Campbell of FRONTIER INSURANCE COMPANY, personally known to me to be the individual and officer described herein, and who executed the preceding instrument, and acknowledged the execution of the same, and being by me duly swom, deposed and said, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the Company, and the Corporate Seal and signature as an ofricerwers duly affixed and subscribed to the said instrument by the authority and direction of the Corporation, and that the resolution of the Company, referred to in the preceding instrument, Is now in force. alt Q3estimony W fjereof I have hereunto set my hand, and affixed my official seal at Rock Hill, New York, the day and year above written. TREVA KENSLER COMMIS5ian # 1045661 Z Z Notary Public — California Z Z San Diego County D My Comm. Expires Nov. 26. 1998 Signature of Notary Public Corporation Acknowledgement CERTIFICATION I, JOSEPH P. LOUGHLIN, Secretary of FRONTIER INSURANCE COMPANY of Rock Hill, New York, do hereby certify that the foregoing Reso- lution adopted by the Board of Directors of this Corporation and the Powers of Attorney issued pursuant thereto, are true and correct, and that both the Resolution and the Powers of Attorney are in full force and effect. do Witness 4Uf)CrCO f I have hereunto set my hand and affixed the facsimile seal of theco rationthis � 4 day of .19 i M5UPpH(.F+ 'IJP jpWp'OpVONp Ci 2' I°g_ .s q- i ;_ J SEPH P. LOUG IN, Secretary ..o FM 19-5002-B(11W) ' CALIFORNIA l#4/ _ k �e � n • • , � 0 NO ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTYOF San Bernardino ) On Ju x 2R, toaa beforeme, Judith S. Mendibles, Nota v Pnht;r DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NN TARY PUBLIC' personally appeared, Christina M. Ades, Attorney—in—Fact personally known to me to be the persons} whose names} is/are-subscribed to the within instrument and acknowledged to me that J;e/she/ -t#+ey executed the same in JiWher/Uwk authorized capacity(ies), and that by his/herAhWL signature(s}on the instrument the person(&), or the entity upon behalf of which the personal acted, executed the instrument. WITNESS my hand and official seal. NOTARY PUBLIC tteNATURE Judith S. MeDble Comm. *114 2 • NOTARY PUBLIC - C ` C� BERNARDINO(SEAL) Aup OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE NUMBER OF PAGES CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of personally appeared _ rr. personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person( whose namA) is/A subscribed to the within `i9r�strupent and acknowledged to me that he/sg/thAy executed the sam in his/hXr/tl}(r authorized capacity(iIg), and that by his/her/their signature on the instrument the person(), or the entity upon behalf of which the person(K acted, executed the instrument. WITNE S my h n and official seal. 77 Place Notary Seal Above ig ture of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signers) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 1997 National Notary Association • 9350 De Soto Ave., PO Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-8]6-682] Wlf65 r nl : 0)��Zoc� SUBDIVISION WARRANTY BOND (GOVERNMENT CODE, Sections 66499.7 and 66499.9) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Marbella Villas, LLC (hereinafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements which said Agreement, dated January 23rd . 19 97 , and identified as Project Final Mau - Tract 14181 is hereby referred to and made a part hereof; and, WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the guarantee and warranty of the improvements required under said agreement; NOW, THEREFORE, we, the Principal and Frontier Pacific administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if Principal shall promptly and faithfully perform such warranty and guarantees as specified in said Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. 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. 1 of 2 Insurance Company , as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City", in the penal sum of *FIFTY THOUSAND ONE HUNDRED EIGHTY ONE* Dollars ($ 50,181.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if Principal shall promptly and faithfully perform such warranty and guarantees as specified in said Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. 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. 1 of 2 The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the 7th day of September 1999 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. PRINCIPAL: Marbella Villas, LLC P RINCIP A Homes, Inc. a.California a California Limited Liability Company rCorporation, Its Managing Member BY Tropez Development, LLC a California Limited Liability Company, Its Authorized Member Jek, President ;AFPPVED AS TO FOR (NOTARIZATION AND SEAL) RICHARD K. DENHALTER, CITY ORnY NOTE: Please Attach Acknowledgement and Power of Attorney 2 of 2 SURETY Chris na M. Ades Power -• of —Attorney (NOTARIZATION AND SEAL) =RONT/ER INSUPANCE COMPANY ROCK HILL, NEW YORK 12775-8070 (a Stock Company) POWER OF ATTORNEY Rnow Aff Men 4iy (�71jese Tresent8: That FRONTIER INSURANCE COMPANY, a New York Corporation, having its principal office in Rock Hill, New York, pursuant to the following resolution, adopted by the Board of Directors of the Corporation on the 4th day of November, 1985. "RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attomeys-in- Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business; 'RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity, or writing obligatory in the nature thereof; "RESOLVED, that any such Attomey-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof, said date to be not later than the date of delivery thereof by such Attorney -in -Fact." This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINTCHPJSTINA M. ADES THOMAS JOEL WRIGHT of Upland , in the State of California its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge and deliver in its behalf, and as its act and deed, without power of redelegation, as follows: Bonds guaranteeing the fidelity of persons holding places of public or private trust, guaranteeing the performance of contracts other than insurance policies; and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed; IN AN AMOUNT NOT TO EXCEED SIX HUNDRED FIFTY THOUSAND ($650,000.00) DOLLARS; and to bind FRONTIER INSURANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of FRONTIER INSURANCE COMPANY, and all the acts of said Attomey(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. 21n 'Witness W lijereof FRONTIER INSURANCE COMPANY of Rock Hill, New York, has caused this Power of Attorney to be signed by its Vice President and its Corporate seal to be affixed this day of '19 23rd February 98 FRONTIER INSURANCE COMPANY STATE OF NEW YORK] '`••,,,,,,;,,,,,,,•'' DAVID E. CAMPBELL, Vice President COUNTY OF SULLIVAN) as: 23rd February 98 On this day of '19 ,before me, Trays Kensler, Notary Public, personally ap- peared David E. Campbell of FRONTIER INSURANCE COMPANY, personally known to me to be the individua(and officer described herein, and who executed the preceding instrument, and acknowledged the execution of the same, and being by me duly swom, deposed and said, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the Company, and the Corporate Seal and signature as an officerwere duly affixed and subscribed to the said instrument by the authority and direction of the Corporation, and that the resolution of the Company, referred to in the preceding instrument, is now in force. 3n Q5esti)nontj W ij)ere0 f I have hereunto set my hand, and affixed my official seal at Rock Hill, New York, the day and year above written. TREVA KENSLER Q COMM15510n a 1045661 Z Z Notary Public —California Di. Z San Diego County i My Comm. Expires Nov. 26. 1998 Signature of Notary Public 4••••+ CERTIFICATION Corporation Acknowledgement I, JOSEPH P, LOUGHLIN. Secretary of FRONTIER INSURANCE COMPANY of Rock Hill, New York, do hereby certify that the foregoing Reno- lution adopted by the Board of Directors of this Corporation and the Powers of Attorney issued pursuant thereto, are true and correct, and that both the Resolution and the Powers of Attorney are in full force and effect. an Witness I) )ereof I have hereunto set my hand and affixed the facsimile seal of the con ration this day of '19 .. I M UP�ry�fq / J SEPH P. LOUG LIN, Secretary a.o> FM 19.5002-B (11/97) •• • "' CALIFORNIA , -w 71 i C r t p VS z n tb�' L ,!1 1.18 .: �'• U V Uig ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTYOF San Bernardino ) On July 28, lggg before me, Judith S. Mendibles, Notary PUbli—_ , DATE NAME, TITLE OF OFFICER - E.G., 'JANE DOE, N TARY PUBLIC' personally appeared, Christina M. Ades, Attorney -in -Fact personally known to me to be the person(s)- whose name(* is/aFe subscribed to the within instrument and acknowledged to me that #;e/she/ -their executed the same in I s/her/tU& authorized capacity(ies), and that by bis/heral:IWL signature(s)-on the instrument the person(&), or the entity upon behalf of which the personal acted, executed the instrument. WITNESS my hand and official seal. .Qne� NOTARY PUBLI NATURE Judith S. Mandibles Comm. *11"7" 4UFMc NOTARY ` SAN BERNA rj; N (SEAL) Comm.:4 yJ. P001 OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE NUMBER OF PAGES CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California t County of � ��OJV ss. On r) ) 11-7 -1 , before me, personally appeared .u< personally known to me proved to me on the basis of satisfactory evidence ' \\// to be the person) whose na / m) is/the subscribed to the within instrurhnt and acknowledged to me tha/sl&/th}(y executed the same in his! r/th r authorized capacity(id�), and that by his/hAr/th)i signature(' on the instrument the person(, ( or the entity upon behalf of which the person() acted. executed the instrument. WWIT�IESS m �an ad nffcial seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name. ❑ Individual ❑ Corporate Officer—Title(s): Ell Partner —❑ Limited ❑ General El El 11 Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER 1997 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313-2402 Prod, No. 5907 Reorder'. Call Toll -Free 1-800.6]6-682] r SUBDIVISION WARRANTY BOND (GOVERNMENT CODE, Sections 66499.7 and 66499.9) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Marbella Villas, LLC (hereinafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements which said Agreement, dated January 23rd 19 97 and identified as Project Final Man - Tract 14181 is hereby referred to and made a part hereof; and, WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the guarantee and warranty of the improvements required under said agreement; NOW, THEREFORE, we, the Principal and Frontier Pacific Insurance Company , as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City", in the penal sum of *FIFTY THOUSAND ONE HUNDRED EIGHTY ONE* Dollars ($ 50,181.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if Principal shall promptly and faithfully perform such warranty and guarantees as specified in said Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. 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. loft The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNE55 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 7th day of September 1999 _, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. PRINCIPAL: Marbella Villas, LLC PRINCIPALHD Homes, Inc. a.California a California Limited Liability Company Corpo ation, Its Managing Member BY Tropez Development, LLC a California Limited Liability Company, Y Its Authorized Member GhKX R. iek, President ;aVED AS TO FOR RICHARD K. DENHALTER, CITY ATFOOF NOTE: Please Attach Acknowledgement and Power of Attorney 2 of 2 (NOTARIZATION AND SEAL) SURETY wA i / _ Christina M. Ades Power — of —Attorney (NOTARIZATION AND SEAL) =RONT/ER INSURANCE COMPANY ROCK HILL, NEW YORK 12775-8000 (a Stock Company) POWER OF ATTORNEY Broom cAff (Mn 43y ri" ljC$C (Presents: That FRONTIER INSURANCE COMPANY, a New York Corporation, having its principal office in Rock Hill, New York, pursuant to the following resolution, adopted by the Board of Directors of the Corporation on the 4th day of November, 1985. "RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attorneys -in. Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of Indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business; 'RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attorney -in -Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof, said date to be not later than the date of delivery thereof by such Attomey-in-Fact " This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINMCHRISTINA M. ADES THOMAS JOEL WRIGHT Of Upland , in the State of California its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge and deliver in its behalf, and as its act and deed, without power of redelegation, as follows: Bonds guaranteeing the fidelity of persons holding places of public or private trust, guaranteeing the performance of contracts other than insurance policies; and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law alknved; IN AN AMOUNT NOT TO EXCEED SIX HUNDRED FIFTY THOUSAND ($650,000.00) DOLLARS; and to bind FRONTIER INSURANCE COMPANY thereby as fully and to the same extent as It such bond or undertaking was signed by the duly authorized officers of FRONTIER INSURANCE COMPANY, and all the acts of said Attorney(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. N Witness WfjcrcOf FRONTIER INSURANCE COMPANY of Rock Hill, New York, has caused this Power of Attorney to be signed by its Vice President and its Corporate seal to be affixed this day of '19 23rd February 98 FRONTIER INSURANCE COMPANY .o BY: STATE OF NEW YORK) DAVID E. CAMPBELL, Vice President COUNTY OF SULLIVAN) ss: 23rd February 98 On this day of , 19 ,before me, Treva Kensler, Notary Public, personalty ap- peared David E. Campbell of FRONTIER INSURANCE COMPANY, personally known to me to be the individual and officer described herein, and who executed the preceding instrument, and acknowledged the execution of the same, and being by me duly sworn, deposed and said, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the Company, and the Corporate Seal and signature as an officerwere duly affixed and subscribed to the said instrument by the authority and direction of the Corporation, and that the resolution of the Company, referred to in the preceding instrument, is now in force. an �Cstimong W ECreo f t have hereunto set my hand, and affixed my official seat at Rock Hilt, New York, the day and year above written. TREVA KENSLER QCommission x 1045661 Z Z Notary Public — California D Z San Diego County My Comm. Expires Nov 26. 1998 Signature of Notary Public Corporation Acknowledgement CERTIFICATION I, JOSEPH P. LOUGHLIN, Secretary of FRONTIER INSURANCE COMPANY of Rock Hill, New York, do hereby certify that the foregoing Reso- lution adopted by the Board of Directors of this Corporation and the Powers of Attorney issued pursuant thereto, are true and correct, and that both the Resolution and the Powers of Attorney are in full force and effect. an Witness W (ereof I have hereunto set my hand and affixed the facsimile seal of the co ration this day of , 19.. f/Hxuw�gcE _-", =j J' SEPH P. LOUG LIN, Secretary FM 19-5002-e (11/97) .....•... ,,r'• CALIFORNIA ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTYOF San Bernardino } On July 28, 1999 before me, Judith S. Mendibles, NOtHry nhlio DATE NAME, TITLE OF OFFICER - E.G., 'JANE DOE, N TARPY PUBLIC" personally appeared, Christina M. Ades, Attorney -in -Fact personally known to me(erproaed4eR*on4hewbaei&ofsatisiastec� sviderac e) to be the person(s)- whose name* is/are-subscribed to the within instrument and acknowledged to me that 4e/she/ they executed the same in his/her/UvIr authorized capacity(ies), and that by his/herAftWL signature(a}on the instrument the person(&), or the entity upon behalf of which the personW acted, executed the instrument. WITNESS my hand and official seal. BMW NOTARYIGNATURE- Judith S. M;ndibles Comm. i187gg c NOTARY oUB JCALIWRN` SANBERNAROW (SEAL) Comm. Exp. Aug. z3, 2001 OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE NUMBER OF PAGES �v Bond No. SD00021927 SUBDIVISION WARRANTY BOND (GOVERNMENT CODE, Sections 66499.7 and 66499.9) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Marbella Villas, LLC (hereinafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements which said Agreement, dated January 23rd19 97 and identified as Project Final Man - Tract 14181 is hereby referred to and made a part hereof; and, WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the guarantee and warranty of the improvements required under said agreement; NOW, THEREFORE, we, the Principal and Frontier Pacific Insurance Company -'as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City", in the penal sum Of *EIGHTEEN THOUSAND SEVEN HUNDRED FORTY EIGHT* Dollars 6 18,748.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if Principal shall promptly and faithfully perform such warranty and guarantees as specified in said Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. 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. loft The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the 7th day of September . 19 99_, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. PRINCIPAL: Marbella Villas, LLC PRINCIPAL Homes, Inc. a.California a California Limited Liability CompanyQ11Co rp ion, Its Managing Member BY Tropez Development, LLC a California Limited Liability Company, Its Authorized Member Gary . Emsiek, President ;AaPVED AS TO FOR RICHARD K. DENHALTER, CITY ATROUF NOTE: Please Attach Acknowledgement and Power of Attorney 2 of 2 (NOTARIZATION AND SEAL) SUR�TY/ Christina M. Ades Power --Of — Attorney (NOTARIZATION AND SEAL) =ROMWER INSURANCE COMPANY ROCK HILL, NEW YORK 12775-8000 (a Stock Company) POWER OF ATTORNEY Rnow Aff Men 93g Vljose TresentS: That FRONTIER INSURANCE COMPANY, a New York Corporation, having its principal office In Rock Hili, New York, pursuant to the following resolution, adopted by the Board of Directors of the Corporation on the 4th day of November, 1985. 'RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attomeys-in- Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business; -RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attomey-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof, said date to be not later than the date of delivery thereof by such Attomey-in-Fact." This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINTCHRISTINA M. ADES THOMAS JOEL WRIGHT of Upland , in the State of California its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge and deliver in its behalf, and as its act and deed, without power of redelegation, as follows: Bonds guaranteeing the fidelity of persons holding places of public or private trust, guaranteeing the performance of contracts other than insurance policies; and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed; IN AN AMOUNT NOT TO EXCEED SIX HUNDRED FIFTY THOUSAND ($850,000.00) DOLLARS; and to bind FRONTIER INSURANCE COMPANY thereby as fully and to the same extent as it such bond or undertaking was signed by the duly authorized officers of FRONTIER INSURANCE COMPANY, and all the acts of said Attomey(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. 3n Witness W lj)erc0 f FRONTIER INSURANCE COMPANY of Rock Hill, New York, has caused this Power of Attorney to be signed by its Vice President and its Corporate seat to be affixed this day of .19 23rd February 98 FRONTIER INSURANCE COMPANY ra �SUPgNCFry. j_P I ' 4 SFAL P`•N veP STATE OF NEW YORK) DAVID E. CAMPBELL, Vice President •"" COUNTY OF SULLIVAN) ss: - 23rd February 98 On this day of , 19before me, Trays Kensler, Notary Public, personalty ap- peared David E. Campbell of FRONTIER INSURANCE COMPANY, personally known to me to be the individual and officer described herein, end who executed the preceding instrument, and acknowledged the execution of the same, and being by me duly swom, deposed and said, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seat of the Company, and the Corporate Seal and signature as an officenvere duly affixed and subscribed to the said instrument by the authority and direction of the Corporation, and that the resolution of the Company, referred to in the preceding instrument, is now in force. 3n' Se$titi1011N Wf)CTCOf I have hereunto set my hand, and affixed my official seal at Rock Hill, New York, the day and year above written. TREVA KENSLER Q Commission a 1045661 Z Z Notary Public — California Z Z San Diego County D fa� MY Comm. Expires Nov. 26. 1998 Signature of Notary Public Corporation Acknowledgement CERTIFICATION I, JOSEPH P. LOUGHLIN, Secretary of FRONTIER INSURANCE COMPANY of Rock Hill, New York, do hereby certify that the foregoing Reso- lution adopted by the Board of Directors of this Corporation and the Powers of Attorney issued pursuant thereto, are true and correct, and that both the Resolution and the Powers of Attorney are in full force and effect. aft Witness Of)ere0 f, I have hereunto set my hand and affixed the facsimile seal of the co rationthis day of .1941 `,v MyUR�M�e*n„t 4P'oPvoq"'' Cpt J SEPH P. LOUGHLIN, Secretary 4 yoP FM 10-5002-8 (119 - ,.+ CALIFORNIA yr • � r ,� n . � yr i � � °�' 41 � (t�� 7� .:C� R/ x �1A. w S 14r� ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF San Bernardino ) On July 28, 199c-7efore me, Judith S. Mendibles, Notary Pahl ; o DATE NAME, TITLE OF OFFICER - E.G., 'JANE DOE, N TARY PUBLIC' personally appeared, Christina M. Ades, Attorney—in—Fact personally known tome (erproaed4&w* on4he4Da6is-.e#satisfastGPf-"deaGa) to be the pell whose name(e} WWI subscribed to the within instrument and acknowledged to me that lae/she/ -they executed the same in his/her/Uwk authorized capacity(ies), and that by dis/herAbeiL signature(s}on the instrumentthe person(s), orthe entity upon behalf of which the personWacted, executed the instrument. WITNESS my hand and official seal. , NOTARY PUBLIC NATURE Judith S -=Me Mandibles Comm. 11148796 c OTARY PUBLIC - CALIFORNI SAN BERNARDINO COUNTY (� gym•P. Aug. 23.2001 (SEAL) UOPTIONAL INFORMATIOIV TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE NUMBER OF PAGES CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California r l l } ss. County of `.KJ J On_bJ7[_ �Data� personally appeared gpersonally known to me _] proved to me on the basis of satisfactory evidence to be the person whose name() is/a?o subscribed to the within instrument and acknowledged to me that he/s#/tVy executed the same in his/hhyrltht it authorized capacity), and that by his//*r/th it signature %on the instrument the person( Ir the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official se Place Notary Seal Above ature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate officer— Title(s): ❑ Partner —❑ Limited ❑ General Ll Attorney in Fact ❑ Trustee E Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER O 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Pr.d. No. 5907 Reorder. Call Toll -Free 1-800-8]6-682] Bond No. SD00021927 SUBDIVISION WARRANTY BOND (GOVERNMENT CODE, Sections 66499.7 and 66499.9) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Marbella Villas, LLC , (hereinafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements which said Agreement, dated January 23rd , 19 97 , and identified as Project Final Man - Tract 14181 is hereby referred to and made a part hereof; and, WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the guarantee and warranty of the improvements required under said agreement; NOW, THEREFORE, we, the Principal and Frontier Pacific Insurance Company -,as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City", in the penal sum Of *EIGHTEEN THOUSAND SEVEN HUNDRED FORTY EIGHT* Dollars ($ 18,748.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if Principal shall promptly and faithfully perform such warranty and guarantees as specified in said Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. 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. loft , The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the 7th day of September , 19_99__, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. PRINCIPAL: Marbella Villas, LLC PRINCIPAL Homes, Inc. a_California a California Limited Liability Company Corpor on, Its Managing Member BY Tropez Development, LLC a California Limited Liability Company, Its Authorized Member Gary—R7. Emsiek, President APP VED AS TO FOR (NOTARIZATION AND SEAL) RICHARD K. DENHALTER, CITY ATTO NOTE: Please Attach Acknowledgement and Power of Attorney 2 of 2 SURETY/ Christina M. Ades Power --of — Attorney (NOTARIZATION AND SEAL) =RONT/ER INSURANCE COMPANY ROCK HILL, NEW YORK 12775-8000 (a Stock Company) POWER OF ATTORNEY Rinow At{ 1111¢n %y li�fjese CiresentS: That FRONTIER INSURANCE COMPANY, a New York Corporation, having its principal office in Rock Hill, New York, pursuant to the following resolution, adopted by the Board of Directors of the Corporation on the 4th day of November, 1985. "RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attomeys-in- Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business; 'RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attomey-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof, said date to be not later than the date of delivery thereof by such Attomey-in-Fact." This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINTCHRISTINA M. ADES THOMAS JOEL WRIGHT of Upland , in the state of California its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge and deliver in its behalf, and as its act and deed, without power of redelegation, as follows: Bonds guaranteeing the fidelity of persons holding places of public or private trust, guaranteeing the performance of contracts other than insurance policies; and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed; IN AN AMOUNT NOT TO EXCEED SIX HUNDRED FIFTY THOUSAND ($650,000.00) DOLLARS; and to bind FRONTIER INSURANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of FRONTIER INSURANCE COMPANY, and all the acts of said Attomey(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. 3n Vitness'W(jereof FRONTIER INSURANCE COMPANY of Rock Hill, New York, has caused this Power of Attorney to be signed by Its Vice President and its Corporate seal to be affixed this day of .19 23rd February 98 FRONTIER INSURANCE COMPANY i_O' O?BNAS�" `„h YOPt i BY: STATE OF NEW YORK) ''.. """"•..... DAVID E. CAMPBELL, Vice President COUNTY OF SULLIVAN) ss: 23rd February 98 On this day of 19 ,before me, Treva Kensler, Notary Public, personally ap- peared David E. Campbell of FRONTIER INSURANCE COMPANY, personally known to me to be the Individual and officer described herein, and who executed the preceding instrument, and acknowledged the execution of the same, and being by me duly swom, deposed and said, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the Company, and the Corporate Seal and signature as an officerwere duly affixed and subscribed to the said instrument by the authority and direction of the Corporation, and that the resolution of the Company, referred to in the preceding instrument, is now in force. 3n Z70tihlOny'Wf¢reOf I have hereunto set my hand, and affixed my official seal at Rock Hill, New York, the day and year above written. 1Pli,A KENSLER ZZ Commission x 1045661 /* Z Notary Public —California D San Diego County Nly Comm. Expires Nov. 26, 1998 Signature of Notary Public Corporation Acknowledgement CERTIFICATION I, JOSEPH P. LOUGHLIN, Secretary of FRONTIER INSURANCE COMPANY of Rock Hill, New York, do hereby certify that the foregoing Reso- lution adopted by the Board of Directors of this Corporation and the Powers of Attorney issued pursuant thereto, are true and correct, and that both the Resolution and the Powers of Attorney are in full force and effect. 3n'WitlICS5'Wfjer(:of, 1 have hereunto set my hand and affixed the facsimile seal of the co ration this day of p{ �Y'.VP.1hCf;rvr. �� O IOP" CO rvs JCISEPH R LOUGHLIN, Secretary FM 19 -5W2 -B (11W) iP' Ph YaP � 3 .JF CALIFORNIA +P \ tit\L �� ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTYOF San Bernardino ) On July 28, 199sbeforeme, Judith S. Mendibles, Notary Fnhl;r DATE NAME, TITLE OF OFFICER - E.G., *JANE DOE, NBTARY PUBLIC' personally appeared, Christina M. Ades, Attorney -in -Fact personally known to me suldeaca) to be the person(s� whose name(s+ is/are-subscribed to the within instrument and acknowledged to me that lie/she/ -Otey executed the same in lhis/her/tJ. & authorized capacity(ies), and that by his/herAWL signature(s}on the instrumentthe person(s), orthe entity upon behalf of which the personWacted, executed the instrument. WITNESS my hand and official seal. i NOTARY PUBLIC NATURE 0 Judith S. Mendibles Comm. aFt t48798 C 'IOTmy PUBLIC - CgLIFORNI JSAN BERNARDINO CWMW (% Canm. Exp. Aug. 23, 2001 (SEAL) i INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE NUMBER OF PAGES CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California l 1 t_- A Lss. U , } County of J personally appeared .I . personally known to me � proved to me on the basis of satisfactory evidence to be the person( whose name) is/ay( subscribed to th within instrument and g acknowled ed to me that he/s /th)( executed the Sam in his/ I r/th tr authorized capacityO, and that by his/ 1`I�r/t Ir signature on the instrument the person or the entity upon behalf of which the per on( acted, executed the instrument. WITNESS my hand and o 'a al. n Place Notary Seal Above Si re of Notary Public OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER Top of th�nnb here I 1997 National Notary Association • 9360 Oe Soto Ave., P.O. Box 2402 • Chatsworth CA 91313-2402 Prod. No. 5907 Reorder: Gall Toll -Free 1-800-876-6827 A/:111111® Kessler Alair Ins. Svcs., Inc. 2345 W. Foothill Blvd., #3 Claremont CA 91711-1120 (909) 931-1500 Lic. #OA91387 INSURED PHD Homes, Inc. dba: Pacific Heritage Develop 15707 Rockfield Blvd, #255 Irvine, CA 92618 "' •"•'"""""" 04/20/2000 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE co�RY A Clarendon America Ins. Co. 0o" Y B General Agents Ins. Co. of Am. CLEOT'TPANY C Fremont Compensation Ins. Co. COMPANY LETTER D ISSUED IN LIEU OF CERTIFICATE COMPANYLETTER E DATED Lf L7 Y�r q SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE s. EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 3 O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE City Of San Juan Capistrano LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Community Redevelopment Agency LIABILITY OF ANY KIND UPON THTHE ECCOMPANY, ITS AGENTS OR REPRESENTATIVES. 32400 Paseo Adelanto ADTNORaFD JBIBRIUMBENTATIVE San Juan Capistrano CA 92675 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. :O �: TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE .POLICY EXPIRATION - DATE (MMi9D(YYI DATE (MMAOM'I LIMITS A. GENERAL LIABILITY ... GENERAL AGGREGATE 5 2, 000,000 ; X :COMMERCIAL GENERAL LIABILITY : UCLW 1 OD0514 PRODUCTS-COMP/OP AGG. S 2, 000, 000 CLAIMS MADE X OCCUR.: 04/17/00 04/17/011. PERSONAL. A AOV INJURY S 1 ,.000, 000 OWNER5 8 CONTRACTOR'S PROT. _ :EACH OCCURRENCE -S 1, 0 0 0, O O O FIRE DAMAGE (Any one Teal s. 50,000 .. _... MED. EXPENSE (Any one person) S 0 AUTOMOBILE LIABILITY! COMBINED SINGLE IT $ 1 000, O O 0 B :ANY AUTO GPP743WS ' ALL OWNED AUTOS :04/17/00 04 / 17 / 01 BODILY INJURY : :SCHEDULED AUTOS '(Par person) _S X ;HIRED AUTOS BODILY INJURY S I... X .! NON -OWNED AUTO&, ! (Per eccdenD GARAGE LIABILITY .........'. PROPERTY DAMAGE 'S EXCESS UABILffY...... ..... ... .. : EACH OCCURRENCE 6 - UMBRELLA FORM :. AGGREGATE S 1. OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION - STATUTORY LIMITSC. WN00803108.02 03/08/00 03/08/OlEACHACCIDENT S 1,000,OOC AND ' DISEASE - POLICY LIMB $ 1, 0 0 0, O O C EMPLOYER&, LIABILITY :......... _ DISEASE - EACH EMPLOYEE , O 0 0 C .. .......... _....... ............. ..... _..... ... _.. : OTNFA _.. .... _ _..... .... ........ _.. ... _.. ..... _.. goo, �p C fv ~ rn :..... ._._. _.........._.. ......._. ...._......... ..._.......... 1 ..._......... ._.:.... ...... _._. _... , -i3 ©.fin ..(h)._...pn n ............. DESCRIPTION OF OPERATIONSILOCATIONSM NICLES'SPECIAL REPS : = rR r Project: Marbella Estates -Named Insured: Marbella Villas, Lf�1•r z v, m Tract# 14181 & #15386. City of San Juan Capistrano Communiti�h o Redevelopment AcTencv is listed as an additional insured per- orm q SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE s. EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 3 O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE City Of San Juan Capistrano LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Community Redevelopment Agency LIABILITY OF ANY KIND UPON THTHE ECCOMPANY, ITS AGENTS OR REPRESENTATIVES. 32400 Paseo Adelanto ADTNORaFD JBIBRIUMBENTATIVE San Juan Capistrano CA 92675 ENDORSEMENT THIS ENRbRSEMENT CHANGES T}iE POUCY. PLEASE READ R CAFU-:KLLY. COMM9RCIAL GENERAL UABILnY COVERAGE PAW Nanw of Prion or Gtgantutla : i (E no entry appears, inion Mm mqW d to as to Dedarad= ihie endorm onL) mnpkb this endorsement w61 be "m in the WHO )SAN INSURER, (Sedon i!) Is amended to kxk de as an insured ft person or ofgi ftmm shown in the Sr wAft. but orgy with rmped to NNW ariang out of'yourwaW for that roared by or for you. IUCLW10005f4- CG 20 in ii PHD,-Homes, Inc., et al INSURANCE COMPANY is.— 2: 4-17-00