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1985-0901_PACIFIC COAST DEVELOPMENT_Development AgreementAGENDA ITEM TO: Stephen B. Julian, City Manager FROM: John R. Shaw, City Attorney a September 3, 1985 SUBJECT: Declaration of Default/Pacific Coast Development- Amwest Surety Company SITUATION: Under a Development Agreement executed between City and Pacific Coast Development, the developer was to have completed certain described improvements on September 1, 1985. The improvements are described in item 3, Exhibit A, to the Development Agreement. (See Attachment). The Building Division has reported that these improvements have not been completed as of the September 1, 1985 deadline. Therefore, it is requested that the City Council declare a default in the agreement and authorize the City Attorney to make a demand upon Amwest Surety Company for performance under the defaulted agreement. COMMISSION/BOARD REVIEW, RECOMMENDATIONS: Not applicable. FINANCIAL CONSIDERATIONS: Not applicable. ALTERNATE ACTIONS: 1. Declare a default and authorize City Attorney to make demand on Amwest Surety Company. 2. Continue matter. RECOMMENDATION: Adopt a resolution declaring default and authorize City Attorney to make demand on Amwest Surety Company. submitted, N R. SHAW y Attorney JIZS : e f Attachment FOR CITY COUNCIL AGENDA � ��.• RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto San Juan.Capistrano•, Ca. 92675 DEVELOPMENT AGREEMENT THIS AGREEMENT is made by and between the City of San Juan Capistranor a municipal corporation, hereinafter referred to. as. 'City' and Pacific Coast. Development Company, hereinafter referred to as "Developer~. WITNESSSTHz WHEREAS., city. -has: issued gradinq.permit #0191.-G to Developer to coisstruct certain designated improvements, more particularly described in=Exhibit "A` attached and. incorporated hereia by reference,. which said improvements constitute a portion of a office -commercial complex at the location of 27321 Ortega Highway and WHEREAS, San Juan Capistrano Municipal. Code 8-3.10(a) requires the posting of financial. security to secure the ` faithful performance and.labor and materials for the installation of improvements connected with the issuance of building permits. NOWO THEREFORE, in consideration of the premises and promises' hereinafter contained City and Developer agree -as follows.- 1. ollows. 1. Developer's Improvements.Obliaations. Developer shall, at. its sole cost and expense, provide and furnish all.labor, materials and equipment for the installation of improvements set forth in Exhibit "'A". The grading permit and Architectural plans which further define the improvements in'Exhibit A are on file in the office of the City's Building Official, and are incorporated herein by reference. The Building Inspector shall detarmine the estimated costs of said improvements to be_ used for the security required herein. 2. Developer fee. Developer agrees to pay the administrative fee of $500.00 Incurred -by City in requiring this agreement. 3. Developer's Securit . Developer shall provide to City a bond y a duly authorized corRgjate_snrety,.subject top the approval of City's City Attorney, to secure Developer's YV improvement obligations required under this agreement. The amount of the bond shall be $13`x.,000.00. The bond shall provide that the Surety shall pay attorney's fees incurred by City in enforcing the development agreement and Surety Bond. 4. Timeframe for Completion of Improvements. Improvements described as items 1 and 2 in Exhibit A shall be completed on or before January -t 31, 1985, the remaining work described in item 3, shall be completed on or before 'Sept 11 85. S. Developer Default. In the event Developer does not c plete the req = ed improvements within the time required, or abandons the project site during the term of this agreement, City shall have the right to immediately declare a default and to make demand on. the surety for performance. 6. Attorney's Fees. Developer agrees to pay City such sum as the Court may adjudge as reasonable for the legal services of any attorney representing the. City in any action brought to enforce or interpret the obligations of this agreement, and such sum -shall be made a. part of any judgment in such action against the developer if such.. action is determined is favor of said City. 7. Develo r's: Work in Safe Condition. Developer shall perform a.1 work is a safe worxmanlixe manner and shall take such precautions as may be necessary to warn and protect the public from any dangerous conditiorn caused by the construction of said improvements., R. Liability. Developer shall hold City.,, its officers and employees harmlessfrom: any and all claims,. demands, causes of action, liability or loss of any -sort because of, or arising out of,.the acts:or omissions of the Developer, his contractor, sub -contractors, agents or employees in the performance of this agreement: . In Witness Whereof, the parties haveexecuted this agreement as of 1984 at San Juan Capistrano, California. EXHIBIT A (PACIFIC COAST IMPROVEMENTS) Item l: Completion of all retaining walls presently under construction in accordance with, and to comply with requirements of Developer's Engineer's "Precise Grading Plan", sheets 1, 2, and 3 approved, and more specifically with.Sheet 2, Revision 4, dated August 1984, and supporting documents (profiles, etc.) Item 2: New constructionof all foundations, footings, and retaining wall of a portion of the easterly building (building 2) on the property in accordance with the approved architectural . plans:, and more specifically described on structural sheets S=4 and 5=5, from and including column a-2, northerly then easterly tc and: including Column A-12, including all connections tc the retaining walls described in item L above, complete with all reinforcing steel, backfilling, drainage devices and other appurtenances required on said design and construction drawings. Item 3: Completion of all on-site grading- and improvements per approved precise grading.plans including utility relocations interfaces with public streets and other appurtenances such as traffic lights; removal of excess earth;: compliance with landscaping plans and requirements; and -construction of curbs, gutters, parking facilities, and other on-site im- provements. By: City of San Juan Capistrano By: DOA(glas F. Blankenship Coast By: Company State of __Cali erns a �� On this the 8th day of November 19_$4;, before me, County of Orange Ofet_ia M_ Lonea —. theunderaigned Notary Public, personally appeared David Johnson State of California Onthiethe R t h day of uoyGIIf�Gi 19-U before me, e County of Oran 4 st Ofelia M. Lopez - the undersigned Notary Public, personally appeared IS Personally Krown_to STATE OF CALIFORNIA COUNTY OF On d A�CZ . 4Z8before, me, Me uncleroignW, a Notary Public in and for amid State, Personally app" I I _ _ to be the person _ whom name' to the within instrument and aclmowNdgod Mat executed the same. WITNESS my hand and official seal. OFFICIAL SEAL DEBORAH S WEISf a NOTARY PUBLIC • CALIFORNIA MUMPRMPE UM 1h Mew. sen AM 21, 3915 Of Notify (This area for official noterlN evidence 1 subscribed to the he executed it. • 77013 wxnara Bhe. • wooawq Hift CA 91MA E I RESOLUTION NO.. 85-9-3-2 A RESOLUTION OF THE CITY'COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING A DEFAULT IN DEVELOPMENT AGREEMENT AND AUTHORIZING CITY ATTORNEY TO MAKE DEMAND ON AMWEST SURETY COMPANY (PACIFIC COAST DEVELOPMENT) WHEREAS, City and Pacific Coast Development entered into an Agreement dated October 25, 1984, providing for the construction of certain improvements at the location of 27321 Ortega Highway, San Juan Capistrano; and, WHEREAS, certain designated improvements were to be completed by September 1, 1985; and, WHEREAS, the City Building Division has indicated that these improvements have not been completed; and, WHEREAS, paragraph 5 of the Development Agreement authorizes the City to declare a default in the event of nonperformance and to make a demand on the surety for performance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Juan Capistrano, that there is hereby declared a default in the performance obligations of Pacific Coast Development under the above stated Development Agreement and the City Attorney is authorized to immediately make a demand on Amwest Surety Company for full performance under the Agreement. PASSED, APPROVED AND ADOPTED this 3rd day of RP,Atemher , 7985 / iT./wA ABY ATTEST: FIZZY T' I -1- 0 0 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk oftheCity of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 85-9-3-2 , adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 3rd day of September , 1985 , by the following vote: AYES: Councilmen Bland, Buchheim, Hausdorfer, and Mayor Schwartze NOES: None ABSENT; Councilman Friess (SEAL) Y AND VE , CITY CLERK -2- P ANTHONY MORTGAGE September 11, 1984 Mr. John Shaw City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 Dear Mr. Shaw, i COMPANY , , �.1 11 5, ,..# ,{ This letter will serve to follow up on our phone conversation of September 7, 1984 whereon I informed you that the letter dated February 22, 1984 claiming that a trust fund had been established for Douglas P. Blankenship is of no validity. I am enclosing a copy of that letter for your reference. I have met with the F.B.I. who advised me to turn this matter over to the Sheriff Department which I will. do. If I can be of any assistance in resolving the problems that may have arisen as a result of this incident, please let me know. Very truly yours, Harry A. Mechnaick President HM/vg encl ;IF TOWN AND -COUNTRY BUSINESS PLAZA 1111 TOWN AND COUNTRY RD. UNIT 44 ORANGE, CA 92668 ANTHONY MORTGAGE COMPANY February 22, 1984 City of San Juan Capistrano 32400 Paseo Pdelanto San Juan Capistrano, CA 92675 RE: Orteca Professional Center Dc,iclas P. Blankenship Pacific Coast Development Centl e_men : Anthony Mortgage Company hereby confirms --ha-: f ands in t`:e amount of one hundred thirty four thousand and no'/T�ns, are heed wi tehalf of Doucias P. Blankenship, a rr=n ��_, for t`e tenefit of the City of Sn. an Juan Ca;pistrann. nenef_ci:ary, to faithful perforrance cf Cn site and rein=ed to Crteaa Professional Center, in the :ity of Sar, Juan Capis_rano, County of Orange, State of Califcrnia. It is aereed by the parties hereto that said fLuics are fcr the _se and "-refit of the '-it-%, of San Juan Capistrano, and in event. 'ha: _ r C=Ld1 fails to CQtitpl= e, and/or pay for sa d improve n - s as required by beneficiary, a-1"'funds in said acco-.2nt shall be ira:ediat=-ly available to the City of San Juan Capistrano, upon its order. I't is ` zther agreed by parties hereto said funds will remain pledged to the City of San Juan Capistrano until writ_en release of said -_:edge is granted by the City of San Juan Capistranc, and recei,-,edrbv Anthony Mortgage Company, prior to -hat date. £inc:crely . Anthony �'_)r_cage Company Vis.=ar.d�• %r.es *Ianacer - _cnstruccicn 5 -mance The vncers:_-ed _ _nci_al __..ncw_edces, acce'-s =:d =r.e te_.-.s snared 'e -rein, and - _ ees to be bound he-ze-bv. ANTHONY MORTGAGE COMPANY February 22, 1984 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RE: Ortega Professional Center Douglas P. Blankenship Pacific Coast Development Gentlemen: Anthony Mortgage Company hereby confirms that funds in the amount of two hundred thirty thousand five hundred and no/ths, are held on behalf of Douglas P. Blankenship, principal, for the benefit of the City of San Juan Capistrano, beneficiary, to insure faithful performance and labor and materials of public improvements in and related to Ortega Professional Center, in the City of San Juan Capistrano, County of Orange, State of California. It is agreed by the parties hereto that said funds are for the use and benefit of the city of San Juan Capistrano, and in event that principal fails to complete, and/or pay for said improvements as required by beneficiary, all funds in said account shall be immediately available to the City of San Juan Capistrano, upon its order. It is further agreed by parties hereto said funds will remain pledged to the City of San Juan Capistrano until written release of said pledge is granted by the City of San Juan Capistrano, and received by Anthony Mortgage Company, prior to that date. Sincerely, Anthony Mortgage Company By: r. Randy JonZ � '-'Manager - Construction Finance The unde signed principal acknowledges, accepts and approves the ter s,contained herein, and agrees to be bound thereby. Mr. Dgtglas P. Blankenship TOWN AND COUNTRY BUSINESS PLAZA 1111 TOWN AND COUNTRY RD. UNIT 44 ORANGE, CA 92668 ANTHONY MORTGAGE COMPANY February 22, 1984 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RE: Ortega Professional Center Douglas P. Blankenship Pacific Coast Development Gentlemen: Anthony Mortgage Company hereby confirms that funds in the amount of one hundred thirty four thousand and no/ths, are held on behalf of Doualas P. Blankenship, principal, for the benefit of the City of San Juan Capistrano, beneficiary, to insure .faithful performance of on site improvements in and related to Ortega Professional Center, in the City of San Juan Capistrano, County of Orange, State of California. It is agreed by the parties hereto that said funds are for the use and benefit of the City of San Juan Capistrano, and in event that principal fails to complete, and/or pay for said improvements as required by beneficiary, all funds in said account shall be immediately available to the City of San Juan Capistrano, upon its order. It is further agreed by parties hereto said funds will remain pledged to the City of San Juan Capistrano until written release of said pledge is aranted by the City of San Juan Capistrano, and received by Anthony Mortgage Company, prior to that date. Sincerely. Anthony Mortgage Company By: andy 4hes Manager - Construction Finance The undersigned principal acknowledges, accepts and approves the to S contained herein, and agrees to be bound thereby. By: Mr. Douulas P. Blankenship TOWN AND COUNTRY BUSINESS PLAZA 1111 TOWN AND COUNTRY RD. UNIT 44 ORANGE, CA 92668 i ' • AKEST SURETY INSURANCE CP P.O. Box 4500 Woodland Hills, CA 91365 (818) 704-1111 KNOW ALL MEN BYTHESE PRESENTS, That does hereby make, constitute and appoint BURNAND—JOHN E. SAVAGE—SCOTT D. ANS ROGERS—PAMELA SCOTT—G.J. SANDEN—JO KAY E. BETTIN—LOIS J. SANDERS—REBECCA its true and lawful Attorney(s) in Fact, and deliver and affix the seal of the co ob(igauons in the nature thereof, as fol CONTRACT, LICENS and to bind AMWEST SURETY 1 I these presents, are hereby ratifte sions of the By Laws of the cc Article III, Section 7 This Power of Attor 0d A ted by the board of direct _ _. RESOL tart', may apl appointment pany to bo any such at and bi the a rata ,dinjunction with the si defined or limited in to execute and deliver Mice -president or secr a tyror,"111, horized attorney -in fact%49 14s"N' " 1 a sea' be required) by olio, evidenced by the power o6'+.. execute "rRY R'U RFFSrT e signature of any authorized office ft atorney or certification thereof Guth ~ bo " ngt.ohet suretyship obligations of the c4g# ei aY nd effect as though manually affixed. L o 04# 4 61 f9, URETY INSURANCE COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be hereunto affixed this 8th day of June 19 84 /AMWEST SURETY INSURANCE COMPANY P em 4 seCtela'v STATE OF CALIFORNIA, COUNTY OF LOS ANGELES - ss On this 6th day of June A.D., 19-L, personally came before mE Richard H. Savage and Catherine Thompson to me known to be the individuals and officers of AMWEST SURETY INSURANCE COM• PANY,CALIFORNIA who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. OFFICIAL SEAL 1 PAMELA J. SCOTT NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY My Commission Expires Apr. 28. 1987 (SEAL) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES - ss CERTIFICATE I, the undersigned, secretary of the AMWEST SURETY INSURANCE COMPANY , a California corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the By -Laws of the company and the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. Signed and sealed at Costa Mesa this 12th day of November 19 84 P,e�vv �esu,,�f AW -2i - CO ✓,+C/✓✓.-v✓✓lam / .i secreurY eRY 1 1.�� / RECORDING REQUESTED BY AND W S WHEN RECORDED RETURN TO: ����JJJJJJJJ City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, Ca. 92675 DEVELOPMENT AGREEMENT THIS AGREEMENT is made by and between the City of San Juan Capistrano, a municipal corporation, hereinafter referred to as "City" and Pacific Coast Development Company, hereinafter referred to as "Developer". WITNESSETH: WHEREAS, City has issued grading permit #0191-G to Developer to construct certain designated improvements, more particularly described in Exhibit "A" attached and incorporated herein by reference, which said improvements constitute a portion of a office -commercial complex at the location of 27321 Ortega Highway and WHEREAS, San Juan Capistrano Municipal Code 6-5.10(a) requires the posting of financial security to secure the faithful performance and labor and materials for the installation of improvements connected with the issuance of building permits. NOW, THEREFORE, in consideration of the premises and promises hereinafter contained City and Developer agree as follows: 1. Developer's Improvements Obligations. Developer shall, at its sole cost and expense, provide and furnish all labor, materials and equipment for the installation of improvements set forth in Exhibit "A". The grading permit and Architectural plans which further define the improvements in Exhibit A are on file in the office of the City's Building Official, and are incorporated herein by reference. The Building Inspector shall determine the estimated costs of said improvements to be used for the security required herein. 2. Developer fee. Developer agrees to pay the administrative fee of $500.00 incurred by City in requiring this agreement. 3. Developer's Security. Developer shall provide to City a bond by a duly authorized corporate Gurety, subject toh 1`''I the approval of City's City Attorney, to secure Developer's improvement obligations required under this agreement. Y The amount of the bond shall be $13Q,000.00. provide that the Surety shall pay attorney's fees in enforcing the development agreement and Surety Page 1 of 3 The bond shall incurred by Cit Bond. ♦ 0 4. Timeframe for Completion of Improvements. Improvements described as items 1 and 2 in Exhibit A shall be completed on or before January - 31, 1985; the remaining work described in item 3 shall be completed on or before Sept 1, 85. 5. Developer Default. In the event Developer does not c - plete the required improvements within the time required, or abandons the project site during the term of this agreement, City shall have the right to immediately declare a default and to make demand on the surety for performance. 6. Attorney's Fees. Developer agrees to pay City such sum as the Court may adjudge as reasonable for the legal services of any attorney representing the City in any action brought to enforce or interpret the obligations of this agreement, and such sum shall be made a part of any judgment in such action against the developer if such action is determined in favor of said City. 7. Developer's Work in Safe Condition. Developer shall perform all work in a safe workmanlike manner and shall take such precautions as may be necessary to warn and protect the public from any dangerous condition caused by the construction of said improvements. 8. Liability. Developer shall and employees harmless from any and of action, liability or loss of any out of, the acts or omissions of the sub -contractors, agents or employees agreement. hold City, its officers all claims, demands, causes sort because of, or arising Developer, his contractor, in the performance of this In Witness Whereof, the parties have executed as of October 25, 1984 at San Juan Capistrano, this agreement California. i EXHIBIT A 0 (PACIFIC COAST IMPROVEMENTS) Item 1: Completion of all retaining walls presently under construction in accordance with, and to comply with requirements of Developer's Engineer's "Precise Grading Plan", sheets 1, 2, and 3 approved, and more specifically with Sheet 2, Revision 4, dated August 1984, and supporting documents (profiles, etc.) Item 2: New construction of all foundations, footings, and retaining wall of a portion of the easterly building (building 2) on the property in accordance with the approved architectural plans, and more specifically described on structural sheets S-4 and S-5, from and including column B-2, northerly then easterly to and including Column A-12, including all connections to the retaining walls described in item 1 above, complete with all reinforcing steel, backfilling, drainage devices and other appurtenances required on said design and construction drawings. Item 3: Completion of all on-site grading and improvements per approved precise grading plans including utility relocations; interfaces with public streets and other appurtenances such as traffic lights; removal of excess earth; compliance with landscaping plans and requirements; and construction of curbs, gutters, parking facilities, and other on-site im- provements. r i 9 • • • RESOLUTION NO. 85-9-3-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING A DEFAULT IN DEVELOPMENT AGREEMENT AND AUTHORIZING CITY ATTORNEY TO MAKE DEMAND ON y AMWEST SURETY COMPANY (PACIFIC COAST DEVELOPMENT) a WHEREAS, City and Pacific Coast Development entered into, an Agreement dated October 25, 1984, providing for the construction of certain improvements at the location of 27321 Ortega Highway, San Juan Capistrano; and, WHEREAS, certain designated improvements were to be completed by September 1, 1985; and, WHEREAS, the City Building Division has indicated that these improvements have not been completed; and, WHEREAS, paragraph 5 of the Development Agreement authorizes the City to declare a default in the event of nonperformance and to make a demand on the surety for performance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Juan Capistrano, that there is hereby declared a default in the performance obligations of Pacific Coast Development under the above stated Development Agreement and the City Attorney is authorized to immediately make a demand on Amwest Surety Company for full performance under the Agreement. PASSED, APPROVED AND ADOPTED this mmwr :TS'�w- ATTEST: IVA NIT T" r -1- day of A STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO 1 I, MARY ANN HANOVER, City Clerk oftheCity of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 85-9-3-2 , adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 3rd day of sentemher , 1985 , by the following note: AYES: Councilmen Bland, Buchheim, Hausdorfer, and Mayor Schwartze NOES: None ABSENT. Councilman Friess (SEAL) i MARY ANr VE R, CITY CLERK -2- 6. 90 rT� The following Resolution was adopted declaring a default in the performance of obligations to complete certain improvements by September 1, 1985, pursuant to a Development Agreement dated October 25, 1984, as set forth in the report dated September 3, 1985, from the City Attorney: IN uc,vca,vrricrrr� - ti 1tCDVLUI"1V1V vr" "rnL' c:l'1"z C:UU1Vl;1L vr" •rn CITY OF SAN -JUAN CAPISTRANO, CALIFORNIA, DECLARING A DEFAULT IN DEVELOPMENT AGREEMENT AND AUTHORIZING CITY ATTORNEY TO MARE DEMAND ON AMWEST SURETY COMPANY (PACIFIC COAST DEVELOPMENT) The City Attorney was authorized to make a demand on Amwest Surety Company for full performance under the Agreement. Q13%Y5 PERFORMANCE BOND Bond Number 1061986 . Premium: $2,600.00/Annum KNOW ALL MEN BY THESE PRESENTS: that Pacific Coast Development Company (Douglas P. Blankenship), as Principal, called Developer, and AMWEST SURETY f"�h.YiK:.;,,hereinafter,�.A INSURANCE COMPANY , as Surety, hereinafter called Surety, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called City, in the amount of One Hundred and Thirty Thousand Dollars ($130,000) for payment whereof Developer and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, Developer has by written agreement dated October 25, 1984 entered into a development agreement with the City for the construction of certain designated building improvements at the location of 27321 Ortega Highway, San Juan Capistrano, Ca., in accordance with plans and specifications attached to City's grading permit #0191-G, which contract is by reference made a part hereof, NOW THEREFORE, the condition, of this obligation is such that, if Developer shall promptly and faithfully perform said development agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. BE IT FURTHER RESOLVED THAT: 1) 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. 2) Said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations or modifications of the contract documents or of work to be performed thereunder. Executed at Costa Mesa this 12th day Of November 1984 PaaiV Coast Develop By: Douglas P. Blankenship Page 2 State of Cal iforn; a SS. County of Orange 1111 OFFICTAt SEAL OFELIA M LOPEZ NOTARY PUBLIC - CALIFORNIA ORANGE CWNTY My mmm. expires JUL 19, 1985 By:r z City of San Juan Capistrano S C�ff�rg� By: Do glas P. Blankenship Pacif'c Coast Develop m t Company By: David h son On this the 8th day of November 19$4, before me, the undersigned Notary Public, personally appeared David Johnson ❑ personally known to me ® proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i s subscribed to the within instrument, and acknowledged that he executed it. WITNESS my Und and official seal. /J Notary's Signfture Page 3 of 3 1/3 NATIONAL NOTARY ASSOCIATION • 23012 Ventura BIVC. • Woodland Mills. CA 91364 State of California It } SS. County of _Orange JJJ{{{ OFFICIAL SEAL OFELIA M LOPEZ m NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My comm, expires 1tIL 19, 1995 GENERAL ACKNOWLEDGMENT FORM 7110052 On this the R+h day of Novl 11913A, before me, Ofelia M. Lopez , the undersigned Notary Public, personally appeared I'Nl ; P personally known tome C proved tome on the basis of satisfactory evidence to be the person(s) whose name(s)' i S subscribed to the within instrument, and acknowledged that he executed it. WITNESS my han"nd official seal. NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • Woodland Hills, CA 91364 STATE OF CALIFORNIA SS. COUNTRY OFrf �w,�r .��- On—11/�fuci_A-�cLAi dfiy before me, the undersigned, a Notary Public in and for said State, personally appeared to be the person — whose name /S to the within instrument and acknowledged that executed the same. WITNESS my hand and official seal. Signature of Notary known to me OFFICIAL SEAL DEBORAH 5 WEIST NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My comm, spires NN 21, 19M (This area for official notarial seal)