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1997-1010_SAN JUAN ENCAVE LLC_Amd Subdiv Improv Agra PJ Recording Requested by and When Recorded Mail To: City of San Juan Capistrano Attention: City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 eryl Johns , Ci Clerk City of San Juan Capistrano 41 Recorded in the county of orange, California Gary L. Granville, Clerk/Recorder 19980538112 2:33pm 08/17/98 005 18012968 18 46 R12 21 6.00 60.00 0.00 0.00 0.00 0.00 AMENDED SUBDIVISION IMPROVEMENT AGREEMENT SUBJECT: AMENDED FINAL MAP - TRACT 14379 THIS AMENDED AGREEMENT, hereinafter referred to as "Agreement" is between the City of San Juan Capistrano, a municipal corporation, State of California, hereinafter referred to as "City" and San Juan Enclave LLC, whose mailing address is 27285 Las Ramblas, Suite 230, Mission Viejo, California 92691, hereinafter referred to as "Subdivider": THIS AMENDED AGREEMENT superseeds the original Subdivision Improvement Agreement recorded on October 10, 1997, as Document No: 19970546731: WHEREAS, the Amended tentative map application was conditionally approved by Resolution No. 97-11-18-2, and by the Conditions of Improvement required by the Capistrano Valley Water District (District) are set forth in Exhibit "B'; and WHEREAS, Subdivider is the owner of that certain parcel of land situated in the City of San Juan Capistrano, Orange County, as Tract 14379 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, an Amended Final Map of said subdivision, prepared in accordance with the City's Subdivision Ordinance, has been filed by Subdivider with City- for appioval by the City Council; NOW THEREFORE, in consideration of the approval and acceptance by the City Council of City and the Board of Directors of District, if applicable, of said Amended Final Map and 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: U General Requirements: Subdivider shall, at his own cost and expense, provide all required tests, design work, equipment, materials and labor in order to complete all of the works of improvement (the "Works of Improvement"), set forth in Exhibit "A", to the satisfaction of the City Engineer. Security: 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 "An 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 furnished. The amount of such Warranty Bond for Works of Improvement shall be equal to twenty-five percent (25%) of the estimated construction cost set forth in Exhibit "A", or a suitable amount determined by the City Engineer. c:\wpwin60\wpdocs\agrec\subimpag.fm -2- 08/20/97 (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 15 of Part 4 of Division Third of the California Civil Code. If lien claims have been timely filed, City shall hold the Labor and Materials Bond until (a) such claims have been resolved, (b) Subdivider has provided a statutory bond, or (c) otherwise as required by applicable law. City shall release the Warranty Bond for Works of Improvement upon Subdivider's written request following the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work. 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. c:\wpwin60\wpdocs\agrec\subimpag.fm -3- 08/20/97 9 9 2.1 Form of Security Instruments. All Security Instruments shall meet the following minimum requirements and otherwise shall be in a form acceptable to the City Attorney: (i) Any insurance company acting as surety shall have a minimum rating of A -IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858; any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's; (ii) Payments under the Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the County of Orange, State of California; (iii) Each of the Security Instruments shall have a minimum term of one (1) year after the deadline for Subdivider's completing the Works of Improvement, in accordance with paragraph 3 herein; (iv) The Security Instruments shall reference Subdivider's obligations under this Agreement, shall be irrevocable, and shall include as an additional obligation secured the responsibility to compensate City for all of the City's attorneys' fees and litigation expenses reasonably incurred enforcing its rights under the Security Instruments. Time of Completion: All of the Works of Improvement shall be completed 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 Maieure: 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 c.\wpwin60\wpdocs\agrce\subimpag.fm 4- 08/20/97 9 9 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 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 Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.11-66499.20-3/4. In this regard, Subdivider agrees that if none of the Works of Improvement referenced herein have been made within the specified "Time of Completion" referenced in paragraph 3 above or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, any improvements made by or on behalf of Subdivider after the date City initiates such action shall not be considered in determining City's authority to revert the Property to acreage. 4. Effective Date of Agreement: This Agreement shall not become effective unless and until the subdivision map has been approved by the City Council and also accepted for recordation by the County Recorder of the County of Orange. S. Utility Deposits - Statement: Prior to the commencement of any work to be performed within the area delineated on the Final Map, the Subdivider must fil 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. a\wpwin60\wpdocs\agree\subimpag.fm -5- 08/20/97 0 0 6. Permits - Compliance with Law: Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction of required improvements, give all necessary notices and pay all fees and taxes required by law. "TUMMUNTIT, • rte The term "improvements" means: grading, paving, curbs and gutters, pathways, storm drains, sanitary sewers, domestic and non-domestic water, utilities, such as electric, telephone and cable TV, conduits, gas lines, drainage facilities, traffic controls, landscaping and irrigation, street lights, and all other required facilities as shown in detail upon plans, profiles and specifications which have been prepared or are now in final preparation by engineers acting for Subdivider subject to approval by the City Engineer. No work on said improvements shall be commenced until plans 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. c:\wpwin60\wpdocs\agree\subimpag.frm -6- 08/20/97 0 9 9. Intent of Plans and Specifications The intent of the plans and specifications referenced above is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer (or designee) and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the plans and specifications may 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. 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 by City: Subdivider shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work and to the shops where the work is in preparation. The cost of inspections shall be paid by the Subdivider. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. c:\wpwin60\wpdocs\agree\subimpag.frm -7- 08/20/97 0 0 The inspection of the work by City shall not relieve Subdivider or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted. No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered. The date on which the Works of Improvement will be considered as complete shall be that date on which the City Council accepts the improvements and authorizes the City Clerk to file a Notice of Completion with respect thereto. 13. Authority of the City Engineer: All required improvements shall be constructed under the inspection of and subject to approval of the City Engineer. Therefore, it is mutually agreed by the parties hereto that the City Engineer shall have the right to reject any or all of the work to be performed under this contract if such work does not conform with City Codes and Standards and the plans and specifications mentioned herein, including subsequent revisions that may have been previously overlooked during the plan review process. Any damage to the improvements (existing or new) that occurs during or after installation of work performed under this Agreement shall be repaired or replaced, by the Subdivider, to the satisfaction of the City Engineer before the final acceptance of completed work and release of security. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to make a final decision in regard to all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor. 14. Changes in the Work: The City Engineer, without invalidating this Agreement and without notification to any of the sureties referenced in paragraph 2, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer to accomplish the purposes of this Agreement and to protect the public health, safety, and welfare. It is mutually understood that it is inherent in the nature of the work contemplated by this Agreement that some changes in the plans and specifications and related documents may be necessary during the course of construction to adjust them to field conditions and to assure the protection of the public health, safety, and c:\wpwin60\wpdocs\agree\subimpag.frm -8- 08/20/97 • 0 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. 15. No Warrant,Ly Citv_: The plans and specifications and related documents for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the plans or specifications or related documents. 16. Liability for Performance. Injury or Damage: Neither the City 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. 17. Indemnification and Release: 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 $500,000 for all damages arising out of bodily injury to or death of one person and not less than $1,000,000 for all damages arising out of bodily injuries to or death of more than one person in any one occurrence; and not less than $500,000 for all damages and/or destruction of property in any one occurrence and not less than $750,000 for all damages and/or destruction of property during the policy period. Said policy shall be in favor of Subdivider or its contractors and of the City, 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 c:\wpwin60\wpdocs\agree\subimpag.fm -9- 08/20/97 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, howsoever the same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the Subdivider, the Subdivider's agents, employees, and subcontractors, while engaged in the performance of said work. 18. Liability of Subdivider: The Subdivider agrees that the use for any purpose and by any person of any and all of the streets, easements and improvements herein specified shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the City 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. 19. Subdivider's Expenses: The Subdivider shall pay these additional expenses: a. The Subdivider shall cause to be made and/or pay for soil tests made by a reputable geotechnical consultant/firm to determine stability, gradation, bearing, and resistance value of soils 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. c:\wpwin60\wpdocs\agme\subimpag.fm -10- 08/20/97 0 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. 20. Relationship of Contractors: It is hereby mutually covenanted and agreed by the parties hereto that Subdivider's contractors are not agents of the City, and that the contractors' relations to City, if any, are those of independent contractors. 21. Certification of Satisfactory Completion: Upon the satisfactory completion of the Works of Improvement by the Subdivider, the City Engineer shall certify that the Works of Improvement have been satisfactorily completed. 22. Repair or Reconstruction of Defective Work: If, within a period of one year after City Council acceptance of the improvement work performed under this Agreement, any of the improvements or work done under this Agreement fails to fulfill any of the requirements of this Agreement, or the specifications referred to herein, Subdivider shall without delay and without any cost to the City (upon receipt of written notice from the City), repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, or should the exigencies of the case require repairs or replacements to be made before Subdivider can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to City 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 c:\wpwin60\wpdocs\agree\subimpag.frm -11- 08/20/97 • 11 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. MEMIMPM 24.1 Remedies Not Exclusive: In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may be entitled. 24.2 City 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. 24.3 Attorney's Fees and Costs: In the event of any litigation arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and costs shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. 25. Notice of Completion: Upon approval of the Works of Improvement by the City Engineer and acceptance by the City Council, the subdivider shall file with the Orange County Recorder a Notice of Completion of the improvements herein specified. c:\wpwin60\wpdocs\agree\subimpag.fm -12- 08/20/97 0 0 26. Filing of Improvement Plans: Upon, completion of the job and prior to final acceptance of the Works of Improvement by the City, the Subdivider shall submit to the City Engineer for review and approval, one mylar (4 mils) set of "record" drawings. These drawings shall be certified and shall reflect the job as actually constructed, with all changes incorporated therein. 27. Assignment: This agreement shall not be assignable by Subdivider without written consent of City. IN WITNESS WHEREOF, two (2) identical counterparts of this agreement, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Subdivider herein named on the -&L/-- day of % t , 19V , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. SUBDIVIDER SAN JUAN ENCLAVE LLC, a California limited liability company BY: Woodbridge Development, Inc., Member an President CITY OF SAN N LE�d�ANO By: / / 7/98 Nt Attest: CITY CLE By: 11iLL?/ "APPRO D A TO FORM: Miclael W. Kerr, ice President/Sec. By: CI Y ATTORNEY (Attach Notary Acknowledgement) APPROVED S TO CONTENT: By// _ CITY ENGINEER Attachments: (1) Exhibit "A" (2) Exhibit "B" -(-2)-SeenrYtres c:\wpwin60\wpdocs\agree\subimpag.frm -13- 08/20/97 CALIFORNIA ALL-PURPOI ACKNOWLEDGMENT • State of 6ZAI IA County of On before me, Data personally appeared CELEVE t1TTLETON COMM. i 1035974 d Notary PLINC — Ca9fa la - ORANGE COUNTY My Comm. ExpYp AUG 14.1996 1 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)+e/are subscribed to the within instrument and acknowledged to me that he/~hey executed the same in hislher/their authorized capacity(ies), and that by hiefher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS m f hand and officia eal. gn ure of Notary ublk 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: f//i7�i1/I/A�, Lam.( Document Date:/✓✓l �/ IcQp d /hy Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: &4,Y1 /1 /�( ❑ Individual Corporate�fficer-J Title(s): V ILSI/, aik: ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: u%dOG�li%�4QUB_ (l_ me&be/ i) f Signer's Name: 1*6 k4el h/ Aeo�'l ❑ Individual Corporate Officer Title(s): j),C>v /% 0 ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: h'va�'b✓��'a� !�'ela���rf l�?zvirrhel� �� �i✓t �Gel�9 01996 National Notary Association • 8236 Remmet Ave., P.O. Box 7169 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll -Free 1 -BW -676-6627 0 0 PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 118 1) On July 7, 1998 , before me, Cheryl Johnson , City Clerk, personally appeared - - - Gil Jones - - - , 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. (SEAL) Capacity Claimed by Signer Municipal Corporate Officer Mayor Title Signer is Representing City of San Juan Capistrano WITNESS my hand and official seal. OPTIONAL Description of Attached Document Amended Subdivision Improvement AAi4reement, Tract 14379 Title or Type of Document Nineteen Number of Pages June 1, 1998 Date of Document San Juan Enclave LLC Signer(s) Other Than Named Above AMENDED SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "A" WORKS OF IMPROVEMENT Tyne of Improvements: Estimated Construction Cost or Bond Amount Grading Erosion and Silt Control Trails and related improvements Street and Related Improvements Alternate Entry and Related Improvements Storm Drain Sanitary Sewer Water Landscaping & irrigation Processed separately through Bldg. Division Processed separately through Bldg. Division Processed separately through Bldg. Division $ 299,746 $ 130,710 $ 79,452 $ 186,714 $ 116,900 Street Monuments $ 13,200 AMENDED CONDITIONS OF IMPROVEMENT FOR CAPISTRANO VALLEY WATER DISTRICT EXHIBIT "B" The Subdivider wishes to obtain water services from District for property known as Tract 14379, and District requires the construction tion and dedication of water facilities by Developer as a condition of providing said water services; and, The Subdivider has prepared and submitted to District a set of improvement plans for said water facilities; and, The District desires to insure that said water facilities are installed in accordance with District's standards and specifications. Therefore the District requires the Subdivider to comply with the following conditions and obligations: I. CONSTRUCTION AND COMPLETION 1. Subdivider shag at its sole cost and expense, construct and install within 365 consecutive calendar days after the date of City Agreement, all of the water facilities shown and delineated upon the improvement plans entitled "TRACT 14379 STREET, WATER, SEWER & STORM DRAIN" as approved by the City Engineer of the City of San Juan Capistrano and on file with said City and by reference made a part of said Agreement as though fully set forth herein: 2. Subdivider shall construct said water facilities in accordance with the approved plans, District's standard specifications and under District's inspection, and shall indemnify and hold harmless District, its agents, and employees from and against all claims, damages, losses and expenses, including attorneys' fees, arising out of or resulting from the performance of the work, and caused in whole or in part by any negligent act or omission of Subdivider, Contractor, or any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. 3. If Subdivider has not completed the work within 365 consecutive calendar days after the above date of this Agreement, District has the right to call the security for faithfid performance and complete the work. Any work performed after said 365 consecutive calendar days, whether by Subdivider, District, or others, shall be in accordance with District's standard specifications in effect as of the time the work is performed. 4. The security shall remain in effect for a minimum of 365 consecutive calendar days after all the water facilities have been completed and accepted by District, and shall continue in effect until exonerated in writing by District. It shall be incumbent upon the developer to renew the security prior to its expiration. H. USE OF WATER 1. Subdivider hereby expressly agrees that no water shall be used by Subdivider, or by Contractor or any Subcontractor, for construction purposes except through a meter provided by District. Subdivider acknowledges that Section 499 of the California Penal Code provides that unauthorized use of water is a misdemeanor, and District hereby states its intent to strictly enforce said Penal Code Section. CONDITIONS OF IMPROVEMENT Tract 14379 - Pepperwood Estates San Juan Enclave LLC July 7, 1998 2. In addition to any criminal penalties, and not as a substitute therefore, District will charge Subdivider, and Subdivider agrees to promptly pay District, $500.00 per day for unmetered use of District's water by Subdivider, Contractor, or any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts anyone of them may be liable. 3. Temporary construction meters shall be provided to Subdivider by District at the rental rate existing at the time such meters are provided. The use of "jumpers" is expressly prohibited. 4. Subdivider shall notify District as soon as it is reasonably practical to install any permanent meter, and District shall provide and install same as soon thereafter as reasonably possible. The foregoing notwithstanding, the District may install any meter when District determines it is desirable to do so. 111. FEES, CHARGES, AND SECURITIES 1. Subdivider shall, prior to the execution of City Agreement, pay District the following sums: (a) $11,320.73 for the costs of District's plan review, inspection of construction and the control thereof and for the testing of materials 1 ACv which sum is based upon 6 1/2% the estimated construction cost of 6 $174,165. h� f (b) $10,050 for the furnishing and installation by District of all permanent water meters which sum is based upon the following number and size of meter: one (1) 5/8 -inch domestic, thirty-one (3 1) 1 -inch domestic, one (1) 1 -inch irrigation and three (3)1 1/2 -inch irrigation meters. (c) $58,644 for Capital Improvement Charges based upon thirty-one (3 1) dwelling units, one (1) 5/8 -inch and three (3) irrigation meters at the rate of $1,629 per dwelling unit or meter. (d) $1,899 for Water Storage Charges based upon thirty-one (3 1) dwelling units, one (1) 5/8 -inch and three (3) irrigation meters at the rate of $52.75 per dwelling unit or meter. (e) $80,453.81 for Water Capacity Charge for providing additional water supply to serve the additional demand generated by the project, determined by the rate of $769,900 per ds of maximum daily demand with the project additional maximum day demand of 0.1045 cfs. 2. When additional buildings on this property are constructed, Capital Improvement Charges, Water Storage Charges, and Meter Fees for the additional development shall be paid prior to additional service being provided. P:\ENG\DVLP\TRCTS\14379\C V W DCON.DOC Page 2 CONDITIONS OF IMPROVEMENT Tract 14379 - Pepperwood Estates San Juan Enclave LLC July 7, 1998 IV. GUARANTEE Subdivider guarantees the materials and the workmanship of the water facilities for a period ending 365 consecutive calendar days after the acceptance of said water facilities by District, and hereby agrees to reimburse District for all costs associated with the accomplishment of necessary repairs to said water facilities which may have been made by District within the aforesaid guarantee prod. V. GENERAL 1. Subdivider offers to dedicate to District the water facilities together with necessary easements. 2. Upon completion of the construction in accordance with the improvement plans and specifications and the dedication of the necessary easements, District agrees to accept the water facilities, whereupon said water facilities shall become property of District. 3. The terms of this Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. 4. Should either party be required to enforce any of the terms of this Agreement, it is agreed that the prevailing party shall be entitled to costs and reasonable attorneys' fees. VI. COMPLIANCE WITH PUBLIC CONTRACTS LAW The District is a public agency in the State of California and is subject to the provisions of law relating to public contracts. It is agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and will be complied by Contractor. VII. INSURANCE AND INDEMNIFICATION 1. Comprehensive General Liability Subdvider shall maintain in full force and effect comprehensive general liability coverage, including premises operations, products/completed operations, broad form property damage and blanket contractual liability in the following minimum amounts: ➢ $500,000 property damage; ➢ $500,000 injury to one person/any occurrencetnot limited to contractual period ➢ $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 2. Comprehensive Automobile Liability P:\ENG\DVLP\TRCTS\14379\C V WDCON.DOC Page 3 CONDITIONS OF ]IMPROVEMENT Tract 14379 - Pepperwood Estates San Juan Enclave LLC July 7, 1998 Subdivider shall maintain in full force and effect comprehensive automobile liability coverage, including owned, hired and non -owned vehicles in the following minimum amounts: ➢ $500,000 property damage; ➢ $500,000 injury to one person/any occurrence/not limited to contractual period ➢ $1,000,000 injury to more than one person/any one occurrencetnot limited to contractual period. 3. Worker's Compensation If Subdivider employs employees to perform services under this Agreement, Subdivider shall obtain and maintain, during the life of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. These policies shall not terminate, nor shall they be canceled nor the coverage reduced until after 30 days written notice is given to the District. Subdivider shall provide an endorsement to District establishing that District has been legally added as an additional insured to the insurance policies required under this Agreement. Subdivider shall indemnify and hold District harmless from any and all claims, demands, actions, attorney's fees, costs, and expenses based upon or arising out of errors, omissions, or negligent acts of Subdivider, its associates, employees, subcontractors, or other agents while performing services under this Agreement. In the event an action is commenced by a party to this Agreement against any other party or parties hereto to enforce its rights or obligations arising from this Agreement, the prevailing party in such action, in additional to any other relief and recovery awarded by the court, shall be entitled to recover all statutory costs plus reasonable attorney's fees. VIII. CITY BUSINESS LICENSE Subdivider will maintain a license to do business in the City of San Juan Capistrano. IX. INDEPENDENT AGENT At all times during the term of this Agreement, Subdivider shall be an independent agent and shall not be an employee of the District. District shall have the right to control Engineer only insofar as the results of Subdividers services rendered pursuant to the Agreement; however, District shall not have the right to control the means by which Subdivider accomplishes services rendered pursuant to this Agreement. X. INDEIVIIVITY Subdivider shall be responsible for all injuries to persons and for damages to real or personal property of the District, caused by or resulting from any activity or operation of Subdivider, P:\EN&DVLP\TRCTS\14379\CVWDCON. DOC Page 4 • CONDMONS OF ]IMPROVEMENT Tract 14379 - Pepperwood Estates San Juan Enclave LLC July 7, 1998 its employees or its agents during the progress of or connected with the rendition of services hereunder. Subdivider shall defend and hold harmless and indemnify District and all officers and employees of the District from all costs and claims for damages to real or personal property or personal injury to any third party resulting from the activity of itself, employees or its agents. XI. SUBDIVIDER NOT AN AGENT Except as District may specify in writing, Subdivider shall have no authority, express or implied, to act on behalf of the District in any capacity as an agent. Subdivider shall have no authority, express or implied, pursuant to this Agreement, to bind District to any obligation. P:\ENG\DVLP\TRCTS\14379\CVWDCON.DOC Page 5 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 JohnsA, Ci Clerk City of San Juan Capistrano 16 Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder 19970546731 2:20pm 10/30/97 005 25005802 25 59 Al2 21 6.00 60.00 0.00 0.00 0.00 0.00 vaauLi � a�iva� ia�u i�v � La��a� i �vi�uiaru.a� i \� 2\� SUBJECT: FINAL MAP - TRACT 14379 Y LF THIS AGREEMENT is between the City of San Juan Capistrano, a municipal corporation, State of California, hereinafter referred to as "City" and San Juan Enclave LLC, whose mailing address is 27285 Las Ramblas, Suite 230, Mission Viejo, California 92691, hereinafter referred to as "Subdivider": WHEREAS, the tentative map application was conditionally approved by Resolution No. 92-6-2-4, and by the Conditions of Improvement required by the Capistrano Valley Water District (District) are set forth in Exhibit "B'; and WHEREAS, Subdivider is the owner of that certain parcel of land situated in the City of San Juan Capistrano, Orange County, as Tract 14379 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 and the Board of Directors of District, if applicable, of said Final Map and 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: • 0 General Requirements: Subdivider shall, at his own cost and expense, provide all required tests, design work, equipment, materials and labor in order to complete all of the works of improvement (the "Works of Improvement"), set forth in Exhibit "A", to the satisfaction of the City Engineer. 2. Security: A. Subdivider shall, at all times beginning with the execution of this agreement, guarantee Subdivider's performance of this agreement by providing City 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" 13. 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 furnished. The amount of such Warranty Bond for Works of Improvement shall be equal to twenty-five percent (25%) of the estimated construction cost set forth in Exhibit "A", or a suitable amount determined by the City Engineer. SUBIMPAG.FRM/07-30-97 -2- 0 9 (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 15 of Part 4 of Division Third of the California Civil Code. If lien claims have been timely filed, City shall hold the Labor and Materials Bond until (a) such claims have been resolved, (b) Subdivider has provided a statutory bond, or (c) otherwise as required by applicable law. City shall release the Warranty Bond for Works of Improvement upon Subdivider's written request following the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work. 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. SUBIMPAGFR1.I/07-30-97 -3- 2.1 Form of Security Instruments. All Security Instruments shall meet the following minimum requirements and otherwise shall be in a form acceptable to the City Attorney: (i) Any insurance company acting as surety shall have a minimum rating of A -IX, as rated by the current edition of Best's Key Rating Guide published by A -M. Best's Company, Oldwick, New Jersey, 08858; any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's; (ii) Payments under the Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the County of Orange, State of California; (iii) Each of the Security Instruments shall have a minimum term of one (1) year after the deadline for Subdivider's completing the Works of Improvement, in accordance with paragraph 3 herein; (iv) The Security Instruments shall reference Subdivider's obligations under this Agreement, shall be irrevocable, and shall include as an additional obligation secured the responsibility to compensate City for all of the City's attorneys' fees and litigation expenses reasonably incurred enforcing its rights under the Security Instruments. Time of Completion: All of the Works of Improvement shall be completed 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 Mgieure: 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 SUBIMPAGYPM/07-30-97 -4- 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 Subdivider or its contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. 3.2 Continuous Work: After commencement of construction of the Works of Improvement (or separable portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period of more than thirty (30) days, events of force majeure excepted. 3.3 Reversion to Acreage: In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.11-66499.20-3/4. In this regard, Subdivider agrees that if none of the Works of Improvement referenced herein have been made within the specified "Time of Completion" referenced in paragraph 3 above or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, any improvements made by or on behalf of Subdivider after the date City initiates such action shall not be considered in determining City's authority to revert the Property to acreage. 4. Effective Date of Agreement: This Agreement shall not become effective unless and until the subdivision map has been approved by the City Council and also accepted for recordation by the County Recorder of the County of Orange. 5. Utility Deposits - Statement: Prior to the commencement of any work to be performed within the area delineated on the Final Map, the Subdivider must file a written statement with the City Clerk and City Engineer, signed by the Subdivider, and each public utility corporation involved, to the effect that Subdivider has made all deposits legally required by such public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the subdivision. SUBIMPAG.FRM/07-30-97 -5- 6. Permits - Compliance with Law: Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction of required improvements, give all necessary notices and pay all fees and taxes required by law_ The term "improvements" means: grading, paving, curbs and gutters, pathways, storm drains, sanitary sewers, domestic and non domestic water, utilities, such as electric, telephone and cable TV, conduits, gas lines, drainage facilities, traffic controls, landscaping and irrigation, street lights, and all other required facilities as shown in detail upon plans, profiles and specifications which have been prepared or are now in final preparation by engineers acting for Subdivider subject to approval by the City Engineer. No work on said improvements shall be commenced until plans 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. SUBIMPAG.PRM107-30-97 -6- 9. Intent of Plans and Specifications The intent of the plans and specifications referenced above is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer (or designee) and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the plans and specifications may 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 by City: Subdivider shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work and to the shops where the work is in preparation. The cost of inspections shall be paid by the Subdivider. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. SIBIMPAGYRMM-30-94 -7- The inspection of the work by City shall not relieve Subdivider or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted. No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered. The date on which the Works of Improvement will be considered as complete shall be that date on which the City Council accepts the improvements and authorizes the City Clerk to file a Notice of Completion with respect thereto. 13. Authority of the City En ig neer: 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. 14. Changes in the Work: The City Engineer, without invalidating this Agreement and without notification to any of the sureties referenced in paragraph 2, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer to accomplish the purposes of this Agreement and to protect the public health, safety, and welfare. It is mutually understood that it is inherent in the nature of the work contemplated by this Agreement that some changes in the plans and specifications and related documents may be necessary during the course of construction to adjust them to field conditions and to assure the protection of the public health, safety, and SUBIMPAG.PRM/07.30-97 -8- 0 0 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. 15. No Warranty by City: The plans and specifications and related documents for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the plans or specifications or related documents. 16. Liability for Performance Injury or Damage: Neither the City 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. 17. Indemnification and Release: 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 $500,000 for all damages arising out of bodily injury to or death of one person and not less than $1,000,000 for all damages arising out of bodily injuries to or death of more than one person in any one occurrence; and not less than $500,000 for all damages and/or destruction of property in any one occurrence and not less than $750,000 for all damages and/or destruction of property during the policy period. Said policy shall be in favor of Subdivider or its contractors and of the City, 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 S1:6IMPAG.PRM/07-30-97 -9- • to properly, 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, howsoever the same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the Subdivider, the Subdivider's agents, employees, and subcontractors, while engaged in the performance of said work. 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. 19. Subdivider's Expenses: The Subdivider shall pay these additional expenses: a. The Subdivider shall cause to be made and/or pay for soil tests made by a reputable geotechnical consultant/firm to determine stability, gradation, bearing, and resistance value of soils 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. SUBIMPAG.FRM/07-30-97 -10- 0 0 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. 20, Relationship of Contractors: It is hereby mutually covenanted and agreed by the parties hereto that Subdivider's contractors are not agents of the City, and that the contractors' relations to City, if any, are those of independent contractors. 21. Certification of Satisfactory Completion: Upon the satisfactory completion of the Works of Improvement by the Subdivider, the City Engineer shall certify that the Works of Improvement have been satisfactorily completed. 22. Repair or Reconstruction of Defective Work: If, within a period of one year after City Council acceptance of the improvement work performed under this Agreement, any of the improvements or work done under this Agreement fails to fulfill any of the requirements of this Agreement, or the specifications referred to herein, Subdivider shall without delay and without any cost to the City (upon receipt of written notice from the City), repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, or should the exigencies of the case require repairs or replacements to be made before Subdivider can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to City 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 SJ TBINIPAG. FRM/07-30-91 -I]- 0 0 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 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. 24.3 Attorney's Fees and Costs: In the event of any litigation arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and costs shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. 25. Notice of Completion: Upon approval of the Works of Improvement by the City Engineer and acceptance by the City Council, the subdivider shall file with the Orange County Recorder a Notice of Completion of the improvements herein specified. SUBIMPAG.FRM/07-30.97 -12- 0 0 26. Filingof f Improvement Plans: Upon completion of the job and prior to final acceptance of the Works of Improvement by the City, the Subdivider shall submit to the City Engineer for review and approval, one mylar (4 mils) set of "record" drawings. These drawings shall be certified and shall reflect the job as actually constructed, with all changes incorporated therein. 27. Assignment: This agreement shall not be assignable by Subdivider without written consent of City. IN WITNESS WHEREOF, two (2) identical counterparts of this agreement, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Subdivider herein named on the 14�' day of OC A26 -ea- , 19-71, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. SUBDIVIDER CITY OF SAN JUAN CAPISTRANO SAN JUAN ENCLAVE LLC, a California mited liability company By. < < MAYOR -0 By: Attest: T S„ Cunnirygham, President CITY CLE PAPPROVFAD AS TO FORM: W. Kerl, Vice President �1� By: ti ITY ATTORNEY (Attach Notary Acknowledgement) APPROVED S TO CONTENT: By: CITY ENGINEER Attachments: (1) Exhibit "A" (2) Securities SUBIMPAGYRM/07-30-97 -13- FORNIA ALL-PURPOSE ACKNOWLEDGMENT • State of�j;/?�/1 County of 'e On . 7?/7 before me, Data personally appeared L'i/rJ1719J dOl 7 l(LI / 161 W- I—eff Name(s) of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they QUvC0CELESTE executed the same in his/her/their authorized capacity(ies), mrn-8*9sA=Kj996j CO #1035971and that by his/her/their signatures) on the instrument the ar �— person(s), or the entity upon behalf of which the person(s) ORANGE NIV acted, executed the instrument. WITNESS my hand and official seal. f Sign of otary 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(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator offifflm ❑ Other: Top of thumb here Signer Is �Representing: �G4aid✓-e LL'L Signer's Name: ❑ Individual 11 i Number of Pages: Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: 019% Natrona) Notary As Iatw - 8238 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-T184 Proti. W. 5907 ReorCer. Call ToN-Free 1-800-876-682] 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 October 7. 1997 before me, Cheryl Johnson City Clerk, personally appeared - - David M. Swerdlin - - 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 Y , by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. , SEAL) -` e~ WITNESS my hand and official seal. Capacity Claimed by Signer Municipal Corporate Officer Mayor Title Signer is Representing City of San Juan Capistrano OPTIONAL Description of Attached Document Subdivision Improvement Agreement - Tract 14379 Title or Type of Document 13 plus exhibits Number of Pages October 7. 1997 Date of Document San Juan Enclave LLC Signer(s) Other Than Named Above SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "A" WORKS OF IMPROVEMENT Type of Improvements: Estimated Construction Cost or Bond Amount Grading Erosion and Silt Control Trails and related improvements Street and Related Improvements Alternate Entry and Related Improvements Storm Drain Sanitary Sewer Water Landscaping & irrigation Processed separately through Bldg. Division Processed separately through Bldg. Division Processed separately through Bldg. Division $ 299,746 $ 130,710 $ 79,452 $ 186,714 $ 116,900 Street Monuments $ 13,200 CONDITIONS OF IMPROVEMENT FOR CAPISTRANO VALLEY WATER DISTRICT EXHIBIT `B„ The Subdivider wishes to obtain water services from District for property known as Tract 14379, and District requires the construction and dedication of water facilities by Developer as a condition of providing said water services; and, The Subdivider has prepared and submitted to District a set of improvement plans for said water Facilities; and, The District desires to insure that said water facilities are installed in accordance with District's standards and specifications. Therefore the District requires the Subdivider to comply with the following conditions and obligations: I. CONSTRUCTION AND COMPLETION 1. Subdivider shall, at its sole cost and expense, construct and install within 365 consecutive calendar days after the date of City Agreement, all of the water facilities shown and delineated upon the improvement plans entitled "TRACT 14379 STREET, WATER, SEWER & STORM DRAIN" as approved by the City Engineer of the City of San Juan Capistrano and on file with said City and by reference made a part of said Agreement as though fully set forth herein. 2. Subdivider shall construct said water facilities in accordance with the approved plans, District's standard specifications and under District's inspection, and shall indemnify and hold harmless District, its agents, and employees from and against all claims, damages, losses and expenses, including attorneys' fees, arising out of or resulting from the performance of the work, and caused in whole or in part by any negligent act or omission of Subdivider, Contractor, or any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. 3. If Subdivider has not completed the work within 365 consecutive calendar days after the above date of this Agreement, District has the right to call the security for faithful performance and complete the work. Any work performed after said 365 consecutive calendar days, whether by Subdivider, District, or others, shall be in accordance with District's standard specifications in effect as of the time the work is performed. 4. The security shall remain in effect for a minimum of 365 consecutive calendar days after all the water facilities have been completed and accepted by District, and shall continue in effect until exonerated in writing by District. It shall be incumbent upon the developer to renew the security prior to its expiration. H. USE OF WATER I. Subdivider hereby expressly agrees that no water shall be used by Subdivider, or by Contractor or any Subcontractor, for construction purposes except through a meter provided by District. Subdivider acknowledges that Section 499 of the California Penal Code provides that CONDITIONS OF IMPROVEMENT Tract 14379 - Pepperwood Estates San Juan Enclave LLC October 7, 1997 2. In addition to any criminal penalties, and not as a substitute therefore, District will charge Subdivider, and Subdivider agrees to promptly pay District, $500.00 per day for unmetered use of District's water by Subdivider, Contractor, or any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts anyone of them may be liable. 3. Temporary construction meters shall be provided to Subdivider by District at the rental rate existing at the time such meters are provided. The use of "jumpers" is expressly prohibited. 4. Subdivider shall notify District as soon as it is reasonably practical to install any permanent meter, and District shall provide and install same as soon thereafter as reasonably possible. The foregoing notwithstanding, the District may install any meter when District determines it is desirable to do so. III. FEES, CHARGES. AND SECURITIES 1. Subdivider shall, prior to the execution of City Agreement, pay District the following sums: (a) $11,033.10 for the costs of District's plan review, inspection of construction and the control thereof, and for the testing of materials which sum is based upon 6 1/2% the estimated construction cost of $169,740. (b) $7,600 for the furnishing and installation by District of all permanent water meters which sum is based upon the following number and size of meter: one (1) 5/8 -inch domestic, twenty-four (24) 1 -inch domestic, one (1) 1 '/z -inch inch irrigation and one (1) 2 -inch irrigation meters. (c) $43,983 for Capital Improvement Charges based upon twenty-five (25) dwelling units and two (2) -inch at the rate of $1,629 per dwelling unit or meter. (d) $1,424.25 for Water Storage Charges based upon twenty-five (25) dwelling units and two (2) -inch at the rate of $52.75 per dwelling unit or meter. (e) $80,453.81 for Water Capacity Charge for providing additional water supply to serve the additional demand generated by the project, determined by the rate of $769,900 per cfs of maximum daily demand with the project additional maximum day demand of 0.1045 cfs. 2. When additional buildings on this property are constructed, Capital Improvement Charges, Water Storage Charges, and Meter Fees for the additional development shall be paid prior to additional service being provided. P.\ENO\DVLP\TRCTS\14379\CVWDCON.DOC Page 2 CONDITIONS OF IMPROVEMENT Tract 14379 - Pepperwood Estates San Juan Enclave LLC October 7, 1997 paid prior to additional service being provided. IV. GUARANTEE Subdivider guarantees the materials and the workmanship of the water facilities for a period ending 365 consecutive calendar days after the acceptance of said water facilities by District, and hereby agrees to reimburse District for all costs associated with the accomplishment of necessary repairs to said water facilities which may have been made by District within the aforesaid guarantee period. V. GENERAL Subdivider offers to dedicate to District the water facilities together with necessary easements 2. Upon completion of the construction in accordance with the improvement plans and specifications and the dedication of the necessary easements, District agrees to accept the water facilities, whereupon said water facilities shall become property of District. 3. The terms of this Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. 4. Should either party be required to enforce any of the terms of this Agreement, it is agreed that the prevailing party shall be entitled to costs and reasonable attorneys' fees. VI. COMPLIANCE WITH PUBLIC CONTRACTS LAW The District is a public agency in the State of California and is subject to the provisions of law relating to public contracts. It is agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and will be complied by Contractor. VII. INSURANCE AND INDEMNIFICATION 1. Comprehensive General Liability Subdvider shall maintain in full force and effect comprehensive general liability coverage, including premises operations, products/completed operations, broad form property damage and blanket contractual liability in the following minimum amounts: ➢ $500,000 property damage; ➢ $500,000 injury to one person/any occurrence/not limited to contractual period ➢ $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. P:\ENG\DVLnTRCTS\14379\CVWDCON. DOC Page 3 0 0 CONDITIONS OF MPROVEMENT Tract 14379 - Pepperwood Estates San Juan Enclave LLC October 7, 1997 2. Comprehensive Automobile Liability Subdivider shall maintain in full force and effect comprehensive automobile liability coverage, including owned, hived and non -owned vehicles in the following minimum amounts: ➢ $500,000 property damage; ➢ $500,000 injury to one person/any occurrence/not limited to contractual period ➢ $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. Workers Compensation If Subdivider employs employees to perform services under this Agreement, Subdivider shall obtain and maintain, during the fife of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. These policies shall not temtinate, nor shall they be canceled nor the coverage reduced until after 30 days written notice is given to the District. Subdivider shall provide an endorsement to District establishing that District has been legally added as an additional insured to the insurance policies required under this Agreement. Subdivider shall indemnify and hold District harmless from any and all claims, demands, actions, attorney's fees, costs, and expenses based upon or arising out of errors, omissions, or negligent acts of Subdivider, its associates, employees, subcontractors, or other agents while performing services under this Agreement. In the event an action is commenced by a party to this Agreement against any other party or parties hereto to enforce its rights or obligations arising from this Agreement, the prevailing party in such action, in additional to any other relief and recovery awarded by the court, shall be entitled to recover all statutory costs plus reasonable attorney's fees. VIII. CITY BUSINESS LICENSE Subdivider will maintain a license to do business in the City of San Juan Capistrano. IX. INDEPENDENT AGENT At all times during the term of this Agreement, Subdivider shall be an independent agent and shall not be an employee of the District. District shall have the right to control Engineer only insofar as the results of Subdivider's services rendered pursuant to the Agreement; however, District shall not have the right to control the means by which Subdivider accomplishes services rendered pursuant to this Agreement. X. INDEMNITY Subdivider shall be responsible for all injuries to persons and for damages to real or P:\ENG\DVLP\TRCTS\14379\CVWDCON.DOC Page 4 CONDITIONS OF R"ROVEMENT Tract 14379 - Pepperwood Estates San Juan Enclave LLC October 7, 1997 personal property of the District, caused by or resulting from any activity or operation of Subdivider, its employees or its agents during the progress of or connected with the rendition of services hereunder. Subdivider shall defend and hold harmless and indemnify District and all officers and employees of the District from all costs and claims for damages to real or personal property or personal injury to any third party resulting from the activity of itself, employees or its agents. XI. SUBDIVIDER NOT AN AGENT Except as District may specify in writing, Subdivider shall have no authority, express or implied, to act on behalf of the District in any capacity as an agent. Subdivider shall have no authority, express or implied, pursuant to this Agreement, to bind District to any obligation. P:\EN&DVLP\TRCTS\ 14379\C VWDCON.DOC Page 5 • � G'"C 1. L,J �^(r `, From: Sam Shoucair T 4 Sent: Monday, October 28, 2002 2:40 PM To: Dawn Schanderl Subject: RE: San Juan Enclave (Woodbridge Development) Tract 14379 It is not SunCal, it is the Pepperwood tract off the northern terminus of Alipaz, on the north side of De obispo. They don't need to replace these bonds as all there improvements are completed. I have not accepted the improvements yet because they still need to complete the monumentation work and provide Mylars. -----Original Message ----- From: Dawn Schanderl Sent: Monday, October 28, 2002 2:33 PM To: Sam Shoucair Subject: San Juan Enclave (Woodbridge Development) Tract 14379 Sam what is the status of this development - Their insurance is deader than a door nail - they just never responded - Does it have to do with SunCal? % 0 5u-b6fIViS/0(1 irnnmvPrrai A4-) — , „,a 1111 1/25/01 PRODUCERenr 949-250-7172 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION SullivanCurtisMonroe ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Insurance Brokers ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. BOX 19763 COMPANIES AFFORDING COVER Irvine, CA 92713-9763 COMPANY A Legion Indemnity G N o tr A INSURED coBANv CIA Woodbridge Development American Alternative In L TATs (See attached named insureds) COMPANY n o 27285 Las Rambles, Ste.230 [Y1 C Generali Insurance Co. P Mission Viejo CA 92691 ?` 3 COMPANY D -• V0. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MM/DDNY) DATE IMM/DDNYI A GENERAL LIABILITY GL21509394 12/21/00 12/21/01 GENERAL AGGREGATE $ 1000000 PRODUCTS - COMP/OP AGO a 1000000 COMMERCIAL GENERAL LIABILITY CLAIMS MADE 7 OCCUR !' S ` PERSONAL & ADV INJURY a 1000000 EACH OCCURRENCE a 1000000 OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) a 50000 MED EXP (Any one person) a 0 C AUTOMOBILE LIABILITY 1000003026 06/05/00 06/05/01 ANY AUTO COMBINED SINGLE LIMIT 8 1000000 BODILY INJURY 9 ALL OWNED AUTOS X SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY X NON -OWNED AUTOS accident) 9 (Per accitlantl PROPERTY DAMAGE a GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: .1`Ui4'ulk+t. EACH ACCIDENT a AGGREGATE a A EXCESS LIABILITY EL21509395 12/21/00 12/21/01 EACH OCCURRENCE a 4000000 UMBRELLA FORM AGGREGATE $ 4000000 X OTHER THAN UMBRELLA FORM a B WORKERS COMPENSATION AND W0000991200 1/24/01 1/24/02 1 TORY LIMITS ER wG �'Iu"`uc`++" EMPLOYERS' LIABILITY EL EACH ACCIDENT 4 1000000 THE PROPRIETOR/ INCL EL DISEASE - POLICY LIMIT a 1000000 PAflTNERS/EXECUTIVE EL DISEASE - EA EMPLOYEE a 1000000 OFFICERS ARE: EXCL I A OTHER UM21418915 12/21/00 12/21/01 Umbrella Each Occurrence $5,000,000 Annual Aggregate $5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS RE: LOTS 1-31 TRACT #14379, AND LOTS 1-7 & LOT A TRACT #13721. FOR ADDITIONAL INSURED INFORMATION SEE ATTACHED. + CITY OF SAN JUAN CAPISTRANO & SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL CAPISTRANO VALLEY WATER DIST. 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 32400 PASEO ADELANTO BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY SAN JUAN CAPISTRANO, CA 92676 OF ANY KIND UPONHE COMPANY. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENT / Q �7� NAMED INSURED SCHEDULE Woodbridge Development, A California General Partnership Woodbridge Development, Inc. Woodbridge Communities, LLC Woodbridge Homes, LLC Woodbridge Fairway Estates, LLC Woodbridge Upland Estates, LLC Woodbridge Estates I, LLC Woodbridge Custom Homes I, LLC Woodbridge Inland Estates I, LLC Woodbridge Inland Estates II, LLC Woodbridge Coastal Estates, LLC Woodbridge Mountain Crest Communities, LLC Woodbridge Mountain Gate Estates, LLC Skyline Venture, A California Limited Partnership Skyline Estates, Inc. San Juan Enclave, LLC Diamond Crest Estates, LLC Heath Terrace, L.P. Woodbridge Corona Estates, LLC The Williams Family Trust \\sc iMneS's"s wp\tMOo C\woodemf.doc -T. A CORD.i,I MMIDDJYY) DATE IACORD 12/27100 PRODUCER 949-250-7172 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION SullivanCurtisMonroe Insurance Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 19763 COMPANIES AFFORDG COVERAGE Irvine, CA 92713-9763 COMPANY A Legion Indemnity INSURED Woodbridge Development COMPANY B Fremont Compensation Ins. Co. (See attached named insureds) 27285 Las Ramblas, Ste.230 COMPANY-rk) 14 39t/ C Generali Insurance Co. COMPANY Sub W. T"ry (000.3o Mission Viejo CA 92691 D 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. ccPOLICY LTR TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DDNY) LIMITS A GENERAL LIABILITY GL21509394 12/21100 12121/01 GENERAL AGGREGATE $ 1000000 PRODUCTS - COMP/OP AGG $ 1000000 COMMERCIALGENERAL LIABILITY CLAIMS MADE Fx1 OCCUR PERSONAL & AOV INJURY $ 1000000 EACH OCCURRENCE 11 1000000 OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE (Any one flle) 11 50000 MED EXP A.y .n. person) $— 0 C AUTOMOBILE LIABILITY ANY AUTO 1000003026 06/05/00 06/05/01 COMBINED SINGLE LIMIT 11 000000 1 BODILY INJURY (Pe, person) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Pe, a=d.no HIRED AUTOS NON OWNED AUTOS PROPERTY DAMAGE 1; GARAGE LIABILITY AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT P AGGREGATE 4; A EXCESS LIABILITY EL21509395 12/21/00 12121101 EACH OCCURRENCE $ 4000000 AGGREGATE S 4000000 UMBRELLA FORM � $ X OTHER THAN UMBFrU-A FORM B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WN0079588302 1/24/00 1/24/01 TH IMN& TLIMIT I 10ER 1 WC TORY EL EACH ACCIDENT 1 $ 1000000 THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE OFFICERS ARE: FIEXCL EL DISEASE POLICY LIMIT Is 1000000 EL DISEASE EA EMPLOYEE Is 1000000 A OTHER UM21418915 12121100 12121101 Umbrella Each Occurrence $5,0q"00 Annual AggLegate 55,0 00 nom- BV DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS RE: LOTS 1-31 TRACT #14379, AND LOTS 1-7 & LOT A TRACT #13721. FOR rn ADDITIONAL INSURED INFORMATION SEE ATTACHED. C'5 rn < hP'o Ni awn H 14 ',Pu il [;,CJs y E A 0 001,00, M15 ,ffl CITY OF SAN JUAN CAPISTRANO & SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCF4UE BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILLSEAVOR TO MAIL CAPISTRANO VALLEY WATER DIST. 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 32400 PASEO ADELANTO BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY SAN JUAN CAPISTRANO, CA 92676 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHO ED REPRESENTATIVE IA -0,00A, ro 60 NAMED INSURED SCHEDULE Woodbridge Development, A California General Partnership Woodbridge Development, Inc. Woodbridge Communities, LLC Woodbridge Homes, LLC Woodbridge Fairway Estates, LLC Woodbridge Upland Estates, LLC Woodbridge Estates I, LLC Woodbridge Custom Homes I, LLC Woodbridge Inland Estates I, LLC Woodbridge Inland Estates R, LLC Woodbridge Coastal Estates, LLC Woodbridge Mountain Crest Communities, LLC Woodbridge Mountain Gate Estates, LLC Skyline Venture, A California Limited Partnership Skyline Estates, Inc. San Juan Enclave, LLC Diamond Crest Estates, LLC Heath Terrace, L.P. Woodbridge Corona Estates, LLC The Williams Family Trust \lsc_irvine5\sys\wp\trgovac\woodevni.doc C#: W0027073 Name of Insured: Woodbridge Development Policy Number: GL21509394 Policy Term: 12f21100 - 12/21 /01 Eff. Date: 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 SCHEDULE Name of Person or Organization: CITY OF SAN JUAN CAPISTRANO & CAPISTRANO VALLEY WATER DISTRICT CITY OF SAN JUAN CAPISTRANO & CAPISTRANO VALLEY WATER DISTRICT (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. CG 20 10 10 93 • It 32400 PASEO ADELANTO SAN ,JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) December 12, 2000 San Juan Enclave LLC 27285 Las Ramblas #230 Mission Viejo, California 92691 MEMBERS OF THE CITY COUNCIL DIANE L. SATHGATE COLLENE CAMPBELL JOAN GREINER WYATT HART DAVID M. SWERDLIN CITY MANAGER GEORGE SCARBOROUGH Re: Renewal of General Liabilitv Certificate of Insurance and Endorsement Form (Subdivision Improvement Agreement - Tract 14379/License Agreement) Gentlemen: The General Liability Certificate of Insurance, regarding the above -referenced project, is due to expire on December 21, 2000. In accordance with your agreement, the insurance certificate needs to be renewed for an additional period of one year. The agreement requires a general liability endorsement form naming the City of San Juan Capistrano as an additional insured. Please forward the updated certificate and endorsement to the City, attention City Clerk's office, by the above due date. If you have any questions, please contact me at (949) 443-6310. Thank you for your cooperation. Very truly �yours, y&AQ lk" Dawn M. Schanderl Deputy City Clerk —� cc: Cheryl Johnson, City Clerk Sam Shoucair, Senior Engineer Cathy DuCoing, Engineering oeuo use 1s San Juan Capistrano: Preserving the Past to Enhance the Future '?- _4F ACO DATE IMM/DDIYY) 1/26/00 PRODUCER 949-250-7172 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION SullivanCurtisMonroe ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Insurance Brokers ALTER THE COVERAGE AFFORDED BYTHE POJICIES BELOW. P.O. Box 19763 COMPANIES AFFORDING OVERA Irvine, CA 92713-9763 COMPANY A Legion Indemnity ).,,w = INSURED C N Woodbridge Development COMPANY n B Fremont Compensation 'M (See attached named insureds)MM 27285 Las Rambles, Ste.230 COMPANY MM CMM C Legion Indemnity Co C7 Mission Viejo CA 92691 COMPANY CC D lJ 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. coTYPE LTR OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YYI POLICY EXPIRATION DATE IMM/DD/YY ) LIMITS • GENERAL LIABILITY CP1-1201961 12/21/99 12/21/00 GENERAL AGGREGATE $ 1000000 COMMERCIAL X COMMERCIAL GENERAL LIABILITY CLAIMS MADE 7X] OCCUR PRODUCTS - COMPIOP AGG $ 1000000 PERSONAL & ADV INJURY $ 1000000 EACH OCCURRENCE $ 1000000 OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) $ 50000 1 1 MED EXP (Any one person) $ 0 • AUTOMOBILE LIABILITY ANY AUTO CP1-1 201961 12/21/99 12/21/00 COMBINED SINGLE LIMIT $ 1000000 BODILY INJURY $ (Per person) ALL OWNED AUTOS SCHEDULED AUTOS X X HIRED AUTOS NON-OWNED AUTOS BODILY INJURY $ per accident) PROPERTY DAMAGE rl GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT $ AGGREGATE $ • EXCESS LIABILITY ELI-1201962 12/21/99 12/21/00 EACH OCCURRENCE $ 4000000 AGGREGATE $ 4000000 �UMBRELLA FORM d X OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WN0079588302 1/24/00 1/24/01 WC STATU- OTH- 77 TORY LIMI ER j7g�_ I I­N'T EL EACH ACCIDENT $ 1000000 THE PROPRIETOR/ PARTNERS/EXECUTIVE INCL EL DISEASE - POLICY LIMIT s 1000000 EL DISEASE - EA EMPLOYEE a 1000000 OFFICERS ARE: EXCL C OTHER UMI-0075607 12121/99 12/21/00 Umbrella Each Occurrence $5,000,000 Annual Aggregate $5,000,000 DESCRIPTION OF OKMTIONSILOCATIONSNEHICLESISKCIAL ITEMS RE: LOTS 1-31 TRACT #14379, AND LOTS 1-7 & LOT A TRACT #13721. FOR ADDITIONAL INSURED 1*694ATION SEE ATTACHED. CITY OF SAN JUAN CAPISTRANO & SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL CAPISTRANO VALLEY WATER DIST. 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 32400 PASEO ADELANTO BUT FAILURE TO MAIL SUCH NOT11C6.,ffi*LL IMPOSE NO OBLIGATION OR LIABILITY SAN JUAN CAPISTRANO, CA 92676 OF ANY KIND UPON JH"C PAN t ITS —AWNTS OR REPRESENTATIVES. AUTHORIZED REME5ENTATI, VE! GON•IIGIERGIAL GENERAL LIABILITY Ck: W0027073 Name of Insured: Woodbridge Development Policy Number: CP1-1201961 Policy Term: 12/21/99 - 12/21/00 Eff. Date: 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 SCHEDULE Name of Person or Organization: CITY OF SAN JUAN CAPISTRANO & CAPISTRANO VALLEY WATER DISTRICT CITY OF SAN JUAN CAPISTRANO & CAPISTRANO VALLEY WATER DISTRICT (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. CG 20 10 10 93 M ACORD� ? DATE F T PRODUCER 949-250.7172 : 004% 1/04/00 THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION SullivanCurtisMonroe vu(�AI�'LS[ 1 Insurance Brokers y (DeD,30 HHOLDADHICCERTI ICAATE DOES NOTTAAMEND,C ffEND OTRR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE P.O. Box 19763 ' COMPANY A Legion Indemnity Irvine, CA 92713-9763 INBUEID NQ, S `N V ��IV Woodbridge Developmentg (See attached named insuTeds)COMPANr 27285 Las Rambles, Ste.230 COMPANY Fremont Compensation 141. Co. Le Ion Indemnity co ���� C g ty > " ' La Mission Viejo CA 92691 COMPANY "3 F D �y my QG r" k= THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED BOVE FOR THr&POLICY PERIOD INDICATED, NOTWITHSTANDING ANY RECUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPEWO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT L THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF NLBIBIAMC! POLICY NIaB1El POLICY EfBCTVE DATE EFAIOOIT'T POLICY EXPIRATION DATE IMMOD/YY) IENTB A GOWa LINNITY CP1-1201981 12/21/99 12/21/00 GENERAL AGGREGATE $ 1000000 PRODUCTS - COMP/OP AGO $ 1000000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR PERSONAL & ADV INJURY $ 1000000 EACH OCCURRENCE $ 1000000 OMTlER'S & CONTRACTOR'S MOT FIRE DAMAGE Uvw . fire) $ 50000 MED EXP (AnY a.e Person) i A AUTOMOBILE LIABILITY ANY AUTO CP1-1201981 12/21/99 12/21/00 COMBINED SINGLE LIMIT f 1�OIN00 BODILY INJURY $ Sb Paeonl ALL OVMED AUTOS SCHEDULED AUTOS BODILY INJURY $ (Per e$dM ) X X HIRED AUTOS NON-0WNED AUTOS PROPERTY DAMAGE i LIARAOE UNWTY AUTO ONLY - EA ACCIDENT t ..... . .. .................. . ............... .. .. ............ OTHER THAN AUTO ONLY: NV AUTO EACH ACCIDENT t AGGREGATE $ AzaaLIABILTY ELI-1201982 12/21/99 12/21/00 EACH OCCURRENCE $ 4000000 AGGREGATE $ 4000000 UMBRELLA FORM $ X OTHER THAN UMBRELLA iORM B WORNEE UpMPEN&ATON AND WN0979588301 1/24/99 1124/00 DTH 1WC STLIMATU- JER EL EACH ACCIDENT 4 1000000 1IM"T6Y LIABILITY EL DISEASE-POLICY LIMIT ! 1000000 THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE EL DISEASE -EA EMPLOYEE $ 1000000 OFFICERS ARE: UCL C OTHER UMI-0075807 12/21/99 12/21/00 Umbrella Each Occurrence $5,000,000 Annual Aggregate $5,000,000 DENICHIPMON OF OPEIILTONSIIOCATONS/ E LN/SP§MA rtEA/ RE: SAN JUAN CAPISTRANO, OLD SAN JUAN ROAD, ALIPAZ & CAMINO CAPISTRANO, CA .. .. CITY OF SAN JUAN CAPITSTRANO SHOULD NY OF THE NOK PHCIlBID POLICIES BE CANCHLID WORE THE E)DNLAn DATE TMMW. TME IBaUNO COMPANY VRU. aIDEAVCR TO MNL ATTN: DAWN M. SCHANDERL 30 DAYS WIlTTEN HOME TO THE CERTIFICATE HOLDER NAM® TO THE UFT, 32400 PASEO ADELANTO BUT FAILURE TO MN SUCH NOTICE BIIALL PROBE NO OBLIGATION OR LINN TY SAN JUAN CAPITSTRANO, CA 92675 OF ANY Palo UPON THE `OMPA"'' ITS Aaelrs OR WROff rATr E . AUTHONZmrbvmumffATM "tv>#" f 'r Named Insured Woodbridge Development, A California General Partnership Woodbridge Fairway Estates, LLC Skyline Venture, A California Limited Partnership Skyline Estates, Inc. Woodbridge Development, Inc. Woodbridge Upland Estates, LLC Woodbridge Estates I, LLC Woodbridge Custom Homes I, LLC San Juan Enclave, LLC Woodbridge Communities, LLC Diamond Crest Estates, LLC Woodbridge Mountain Crest Communities, LLC Woodbridge Inland Estates, LLC Woodbridge Coastal Estates, LLC Heath Terrace L.P., A California Limited Partnership Woodbridge Mountaingate Estates, LLC Woodbridge Inland Estates II, LLC Woodbridge Homes, LLC 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) r93-1053 (FAX) December 10, 1999 San Juan Enclave, LLC 27285 Las Ramblas, Suite 230 Mission Viejo, California 92691 �. /IAfOAIOAfIfA ftI5X1A 1961 1776 MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL JOHN GREINER WYATT HART GIL JONES DAVID M. SWERDUN CITY MANAGER GEORGE SCARBOROUGH Re: Renewal of General Liability Certificate of Insurance and Endorsement Form (Subdivision Agreement/License Agreement - Tract 14379) Gentlemen: The General Liability Certificates of Insurance, regarding the above -referenced agreements, are due to expire on December 21, 1999. In accordance with your agreements, the insurance certificates need to be renewed for an additional period of one year. The agreement requires a general liability endorsement form naming the City of San Juan Capistrano as an additional insured. Please forward the updated certificates and the endorsement form to the City, attention City Clerk's office, by December 21, 1999. 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 + Cathy DuCoing, Engineering Technician Sam Shoucair, Senior Engineer San Juan Capistrano: Preserving the Past to Enhance the Future AC�RD, bi 2 WTIFICAIP: DATEIMMMDMI -WE'.1, 1/28/99 Mon 949-250-7172 Sullivan & Curtis 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 Insurance Brokers ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE P. O. Box 19763 COMPANY A Legion Indemnity Co. Irvine, Ca. 92713-9763 INSURED, COMPANY Woodbridge Development See Attached Named Insd's 27285 Las Ramblas, Ste.230 COMPANY C T L� 3� COMPANY Mission Viejo CA 92691 D S( Ag .......... 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. POLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE POLICY NUMBER LIMITS IT7. DATE (MM10D/YY1 DATE (MM/DDM) A GENERAL LIABILITY GL10990191 12/21/98 12121/99 GENERAL AGGREGATE S 1000000 X PRODUCTS-COMP/OP AGO $ 1000000 COMMERCIAL GENERAL LIABILITY CLAIMS MADE u OCCUR PERSONAL & ADV INJURY S 1000000 EACH OCCURRENCE 5 1000000 OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE (Any one fire, $ $0000 MED EXP (Any .. person) $ 0 • AUTOMOBILE LABILITY ANY AUTO GLI0990191 12/21/98 12121/99 COMBINED SINGLE LIMIT 1, 1000000 BODILY INJURY (P.,prnairrn $ ALL OWNED AUTOS SCHEDULED AUTOS X X BODILY INJURY (Per accident) $ HIRED AUTOS NON OWNED AUTOS PROPERTY DAMAGE GARAGE UABILTY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY ANY AUTO EACH ACCIDENT AGGREGATE $ • EXCESS UABILITY EL10990192 12/21198 12/21/99 EACH OCCURRENCE $ 4000000 AGGREGATE $ 4000000 UMBRELLA FORM $ XI I OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND - WC STATU- OER 77L_[TH TORY LIMITS EL EACH ACCIDENT $ EMPLOYERS' LIABILITY EL DISEASE- POLICY LIMIT $ THE PROPRIETOR/INCL PARTNERS/EXECUTIVE EL DISEASE- EA EMPLOYEE S OFFICERS ARE EXCL OTNER -7 '10 Days for Non -Payment DESCRIPTION OF OPMATIONS"CATIONSMHICUESISPECIAL ITEMS RE: LOTS 1-31 TRACT #14379, AND LOTS 1-7 & LOT A TRACT #13721. FOR ADDITIONAL INSURED INFORMATION SEE ATTACHED. REVISED CERT DATED 12/23AI8 SWUM ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF SAN JUAN CAPISTRANO & EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL CAPISTRANO VALLEY WATER DIST. #30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. 32400 PASEO ADI-LANTO BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OPLIGATION OR UAINUTY SAN JUAN CAPISTRANO, CA 92676 OF ANY IU UPON CONIRA, ITS AGENTS OR frMRTAT1 W. J_V Named Insured Woodbridge Development, A California General Partnership Woodbridge Fairway Estates, LLC Skyline Venture, A California Limited Partnership Skyline Estates, Inc. Silveroak Development Corporation Woodbridge Development, Inc. Woodbridge Upland Estates, LLC Woodbridge Estates I, LLC Woodbridge Custom Homes I, LLC San Juan Enclave, LLC Woodbridge Inland Estates 1, LLC Woodbridge Communities, LLC Diamond Crest Estates, LLC COftERCIAL GENERAL LIABILITY • C#; W0027073 Name of Insured: Woodbridge Development Policy Number: GL10990191 Policy Term: 12/21/98 - 12121/99 Eff. Date: 12/28/98 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 SCHEDULE Name of Person or Organization: CITY OF SAN JUAN CAPISTRANO & CAPISTRANO VALLEY WATER DISTRICT (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. CG 20 10 10 93 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949)493-1171 (949) 493-1053 (FAX) January 14, 1999 San Juan Enclave LLC 27285 Las Ramblas #230 Mission Viejo, California 92691 JMaa IA1111111111 mWln116 1961 Inc MEMBERS OF THE CRY COUNCIL COLLENE CAMPBELL JOHN GREINER MATT HART GILJONES DAVID M. SWERDLIN CITY MANAGER GEORGE SCARBOROUGH Re: Renewal of GeneralLiabilitvCertificateofInsurance-(SubdivisionImurovementAQreement Tract 14379) Gentlemen: The General Liability Certificate of Insurance, regarding the above -referenced project, expired on December 21, 1998. In accordance with your agreement, the insurance certificate needs to be renewed for an additional period of one year. The agreement requires a general liability endorsement form naming the City of San Juan Capistrano as an additional insured. Please forward the updated certificate and the endorsement form to the City, attention City Clerk's office, by January 22, 1999. 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- Craig lerkCraig Harris, Senior Engineering Technician Sam Shouclair, Senior Engineer DRU USE Is korkind San Juan Capistrano: Preserving the Past to Enhance the Future 10 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) December 3, 1998 0 San Juan Enclave LLC 27285 Las Ramblas #230 uan apes ano, alifomia 92691 Jwin nnnnxu 1961 1776 MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL JOHN GREMER W YATT HART GILJONES DAVID M. SWERDLIN CITY MANAGER GEORGESCARBOROUGH Re: Renewal of General Liability Certificate ofInsurance (Subdivision ImprovementAgreement Tract 14379) Gentlemen: The General Liability Certificate of Insurance, regarding the above -referenced project, are due to expire on December 21, 1998. In accordance with your agreement, the insurance certificate needs to be renewed for an additional period of one year. The agreement requires a general liability endorsement form naming the City of San Juan Capistrano as an additional insured. Please forward the updated certificate and the endorsement form to the City, attention City Clerk's office, by December 21, 1998. 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 Craig Harris, Senior Engineering Technician Sam Shouclair, Senior Engineer San Juan Capistrano: Preserving the Past to Enhance the Future DRUG USE IS AB Ah AC RDE (A IA'BIiA"tg DATE12/23/ 81 .: C#t E PRODUCER - 949-250-7172 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Sullivan & Curtis ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Insurance Brokers ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE P. 0. BOX 19763 COMPANY pA Legion Indemnity Co. Irvine, Ca. 92713-9763 COMPANY Woodbridge Development B See Attached Named Insd's COMPANY 27285 Las Ramblas, Ste.230 c 6J FAW-IM W-1 Mission Viejo CA 92691 COMPANY D 71 i k s' :.. .. .,1., .:,.: ...... ... ........: ..:�. .... .:. ,.... :.:::. .., ..... 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 LTR TYPE OF IN8U E POLICY NUMBER POLICY EFFEDMVE DATE (MMIDOMY) POLICY EXPIRATION DATE (MM/DD/YYI LIMITS A GEN LLIABIUTY GL10990191 12/21/98 12/21/99 GENERAL AGGREGATE s 1000000 PRODUCTS - COMP/OP AGO 6 1000000 X COMMERCIAL GENERAL LIABIUTY CLAIMS MAGE O OCCUR PERSONAL 8 ADV INJURY 8 1000000 EACH OCCURRENCE $ 1000000 OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE IAny ax fire) 6 50000 MED EXP IAny ero Penenl 6 D A AuroMOBILE UAIBUITY ANY AUTO GL70990191 12/21/98 12/21/99 COMBINED SINGLE LIMIT 6 1000000 r ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY S IPef penenl BODILY INJURY 6 IF., F°°iGencl X HIRED AUTOS _ X NON -OWNED AUTOS PROPERTY DAMAGE L GARAGE LIABILITY AUTO ONLY - EA ACCIDENT Y OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT 6 AGGREGATE 6 A EXCESS LIALNUTY EL10990192 12/21198 12/21 /99 EACH OCCURRENCE 6 4000000 AGGREGATE 6 4000000 UMBRELLA FORM 1 6 X I OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND WC STATU- OTH-'' EMPLOYERS' LIABILITY EL EACH ACCIDENT 6 EL DISEASE -POLICY LIMIT 6 THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE EL DISEASE - EA EMPLOYEE S OFFICERS ARE: EXCL OTHER •10 Days for Non -Payment DESCRIPTION OF OPg1AT{ONS/IDCATIONSNFJeCLFBNIPBIAL ITEM$ RE: ALL OPERATIONS OF THE NAMED INSURED "4' U' C z`ro pin 4-02 C IFiPicjl"T ..;. LpER .`/9Tl tTtp6�S CITY OF SAN JUAN CAPISTRANO & SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL CAPISTRANO VALLEY WATER DIST. 30 DAYS WRITTEN NOTICE TO THE CEIMPICATE HOLDER NAMED TO THE LEFT, 32400 PASEO ADELANTO aur FAILURE TO MAILNOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY SAN JUAN CAPISTRANO, CA 92676 COMPANY, IT AGENTS OR REPREBTATMFB. OF ANY 10 uPO T EN AUT6gRIZED REPREBENTAIrf Awv#N:I 0 0 Named Insured Woodbridge Development, A California General Partnership Woodbridge Fairway Estates, LLC Skyline Venture, A California Limited Partnership Skyline Estates, Inc. Silveroak Development Corporation Woodbridge Development, Inc. Woodbridge Upland Estates, LLC Woodbridge Estates I, LLC Woodbridge Custom Homes I, LLC — San Juan Enclave, LLC Woodbridge Inland Estates I, LLC Woodbridge Communities, LLC Diamond Crest Estates, LLC COWERCIAL GENERAL LIABILITY • C#: W0027073 Name of Insured: Woodbridge Development Policy Number: GL10990191 Policy Term: 12/21/98-12/21/99 Eff. Date: 12-21-98 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 SCHEDULE Name of Person or Organization: CITY OF SAN JUAN CAPISTRANO & CAPISTRANO VALLEY WATER DISTRICT (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 ll) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. CG 20 10 10 93 A1.QR�„ n 03/03PMA%98 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Wasserman & Associates (916) 739-0254 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1029 56th Street COMPANIES AFFORDING COVERA&AZ Sacramento, CA 95819 COMPANY A National InsXo. INSURED CCCla_-rendon COMPANY � (JAM -_ m Woodbridge DevelopmentB 27285 Las Rambles #230 N4ission Viejo, CA 92691 — acb. An m c COANYsu1'dlVLsle� o j COMPANY ,• - _.= SMH D 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 OFINSURANCE POLiC'::::�:w^-R POLICY EFFECTIVE DATE(MWDDIM POLICY EXPIRATION RITE(MMDO(M LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ PRODUCTS -COMP,OP AGC $ COMMERCIAL GENERAL LIABILITY CLAMS MADE ❑OCCUR PERSONAL B ADV INJURY S EACH OCCURRENCE $ OWNERS& CONTRACTOR'S MOT FIRE DAMAGE (Any oro lro) $ MED EXP Ay ons $ 4UTOYOBYJ°LNBIuIY COMBINED SINGLE LIMIT $ ANY AUTO BODILY INJURY (PW wwro S ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Pa aods~) S HIRED AUTOS NON-OWNED AUTOS PROPERTY DAMAGE S GARAGE LIABILITY AUTO ONLY-EAAGCIDENT S ANY AUTO OTHER THAN ARO ONLY: EACH ACCIDENT B AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ UMBRELLA FORM S OTHER THAN UMBRELLA_FORM A _ WORKS S C MPPEENSATION ANG LIABILITY01KM371237 _ J -' - - - _ _ - 01/24!98 _ `01/24/99 , X WRY fA o :.` EL EACH ACCIDENT S 1000000 EL DISEASE-POLICY LINT IS 1,000,000 THE PROPRIETOR/ INCL PARTNERSADMOUTIVE EL DISEASE -EA EMPLOYEE 1,000.000 OFFICERS ARE: EXCL OTHER DESCRIPTION OF OPERATIONS AXATIONBNflSCLE"PECULL ITEM Project: Pepperwood Estates, 'hack 14779, San Juan Capistrano, CA NNIMMEMEW SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of San Juan Capistrano EXPIRATION DATE THEREOF, THE ISSUING COMPANY WLL ENDEAVOR TO MAIL 32400 Paseo Adelanto San Juan Capistrano, CA 92675 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FILLIPS FOUL UCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY D U THE COM , ITS AGENTS OR REPRESENTATIVES. AUTHORREORI OT-41ATIVE t U�s'1wsW Ah A Onb� DATE (MM DD YY 12/30/97 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Hayward Tilton & Rola Orange y PP g ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR County Insurance Associates ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. One Technology Drive Ste J727 COMPANIES AFFORDING COVERAGE Irvine, CA 92618 Dona Deli ht 714-450.1160 ext. 207 COMPANY A Legion Insurance Co INSURED COMPANY WOObBRIDGE DEVELOPMENT B Zenith Insurance Company 27285 Las Ramblas, #230 Mission Viejo, CA 92691 COMPANY C COMPANY DLD 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. YPE OF INSURANCE POU NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE(MMIDD/YY) DATE(MM/DD/YY) LIABILITY GLI0240899 12/21/97 12/21/98 GENERAL AGGREGATE $ 1 00Q 000 PRODUCTS-COMP/OP AGG $ 1000000 kGENERAL ERCIAL GENERAL LIABILITY CLAIMS MADE Y OCCUR PERSONAL 8 ADV INJURY $ 1 000000 EACH OCCURRENCE $ 1,000,000 ERS 8 CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) $ 50,000 _ MED EXP (Any one person) $ A AUTOMOBILE LIABILITY GL10240899 12/21/97 12/21/98 COMBINED SINGLE LIMIT $ 1,000,000 ANY AUTO BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Per person) BODILY INJURY X HIRED AUTOS X NON -OWNED AUTOS (Per accicienp $ PROPERTY DAMAGE $ GAR AGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT $ AGGREGATE $ A LIABILITY EL10240900 12/21/97 12/21/98 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 hEXCESS UMBpELLAFORM $ OTHER THAN UMBRELLA FORM B LIABILITY NAND Z041321602 01/21/97 01/21/98 WC STATU- DTH:: ' R EL EACH ACCIDENT $ 1000,000 EMPLOYER EL DISEASE - POLICY LIMIT $ 1,000,000 THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE EL DISEASE - EA EMPLOYEE $ 1.000.000 OFFICER' ARE EXCL OTHER x c - m _ o DESCRIPTION OF OPERAnONSA.00ATIONSIVEHICLES/SPECIAL ITEMS As respects all operations of the named insured. - >✓ ITT � o 1 111 OR IN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of San Juan Capistrano & EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Capistrano Valley Water Distr. 30 - DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 32400 Paseo Adelanto San Juan Capistrano, CA 92676 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE/—COMPANY, S AGE TS OR REPflESEMATIVES. AUTHO REPRESENTATIVE . J POLICY NUMBER: GL10240899 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 SCHEDULE Name of Person or Organization: City of San Juan Capistrano & Capistrano Valley Water Distr. 32400 Paseo Adelanto San Juan Capistrano, CA 92676 (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. As respects all operations of the named insured. CG 20 10 11 85 Copyright, Insurance Service Office, Inc., 1984 February 25, 1998 .I 1776 MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL JOHN GREINER WYATT HART GIL JONES DAVID M. SWERDLIN CITY MANAGER GEORGESCARBOROUGH Woodbridge Development 27285 Las Ratnblas, #230 Mission Viejo, California 92691 Re: Renewal of Workers Compensation Certificate of Insurance (Subdivision Agreement - Pe�erwood Estates. Tract 14379)Estates. Tract 14379) Gentlemen: The Workers' Compensation Certificate of Insurance, regarding the above -referenced project, expired on January 21, 1998. In accordance with your agreement, the insurance certificate needs to be renewed for an additional period of one year. Please note the certificate must be in the name of the Capistrano Valley Water District and the City of San Juan Capistrano. Please forward an updated certificate to the City of San Juan Capistrano, attention City Clerk's office, by March 9, 1998. If you have any questions, please contact me at (714) 443-6310. Thank you for your cooperation. Very truly trluly you s, Dawn M. Schanderl Deputy City Clerk cc: -JP Cheryl Johnson, City Clerk Sam Shouclair, Senior Engineer Craig Harris, Senior Engineering Technician 32400 PASO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 a -, wo©d EsE-o� p /+��� AGOA`D DATE (MMIDO/YY) 12/19/97 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Hayward Tilton & Rola O Y PPran a g ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR County Insurance Associates ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. One Technology Drive Ste J727 COMPANIES AFFORDING COVERAGE Irvine, CA 92618 COMPANY A Gerling America Insurance Co INSURED COMPANY Woodbridge Development B Gainsco 27285 has Ramblas, #230 o CA 92691 Mission Viejo, COMPANY C Ins.Co.of the State of Penn. COMPANY DLD D Zenith Insurance Company THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MMIDDNY) DATE(MM/DD/YY) A GENERAL LIABILITY 8020726GLP 12/21/96 12/21/97 GENERAL AGGREGATE $ 2,000.000 PRODUCTS - COMP/OP AGG $ 1000000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR PERSONAL & ADV INJURY $ 1,000,000 EACH OCCURRENCE $ 11000,000 OWNER'S A CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) $ 100,000 MED EXP (Any we Verson) $ 5 0-0-0- 00B B AUTOMOBILE LIABILITY GPP636194 12/21/96 12/21/97 COMBINED SINGLE LIMIT $ 1,000,000 ANY AUTO BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Per Person) BODILY INJURY $ X HIRED AUTOS X NONOWNEDAUTOS (Per accident) PROPERTY DAMAGE $ GAR AGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ `` EXCESS LIABILITY 42964909 12/21/96 12/21/97 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 21000,000 UMBRELLA FORM $ X OTHER THAN UMBRELLA FORM D WORKERS LINSTION AND ABY Z041321602 01/24/97 01/249 WCSTATU- OTH '' .+ " .;' J . , LIM ,000 EL EACH ACCIDENT $ 1 000 EMPLOYERg EL DISEASE - POLICY LIMIT $ 1 OOO 000 THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE EL DISEASE- EA EMPLOYEE I $ 1.000.000 OFFICERS ARE EXCL OTHER DESCRIPTION -OF OPERATIONS+LOCATIONSNEHICLESISPECIAL ITEMS As respects all operations of the named insured. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of San Juan Capistrano & EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Capistrano Valley Water Distr. 30_ WRITTEN CERTIFICATE 32400 Paseo Adelanto DAYS NOTICE TO THE HOLDER NAMED TO THE LEFT, San Juan Capistrano, CA 92676 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHRI D REPRESENTATIVE POLICY NUMBER: 8020726GLP 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 SCHEDULE Name of Person or Organization City of San Juan Capistrano & Capistrano Valley Water Distr. 32400 Paseo Adelanto San Juan Capistrano, CA 92676 (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. As respects all operations of the named insured. CG 20 10 11 85 Copyright, Insurance Service Office, Inc., 1984 0 32400 PASED ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949)493-1171 (949) 493-1053 (FAX) July 23, 1998 San Juan Enclave LLC 27285 Las Ramblas, Suite 230 Mission Viejo, California 92691 R mw.eum ISTAIIIlm 1961 1776 Re: Amended Subdivision Improvement Agreement Gentlemen: MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL JOHN GREINER WYATT HART GILJONES DAVID M. SWERDLIN CITY MANAGER GEORGESCARBOROUGH At their meeting of July 7, 1998, 1998, the City Council of the City of San Juan Capistrano approved the Amended Final Map and Subdivision Improveme3nt Agreement for Tract 14379, and accepted the corresponding sureties. The documents have been forwarded to the Orange County Recorder. A fully -executed copy of the Amended Subdivision Improvement Agreement is enclosed for your files. Please feel free to contact Sam Shoucair at 949-443-6355 if you have any questions. Very truly yours, Cheryl John on City Clerk Enclosure cc: Hunsaker & Associates NorCal Engineering Engineering and Building Director (with enclosure) Sam Shoucair (with enclosure) DRUG use is AB San Juan Capistrano: Preserving the Past to Enhance the Future • 32400 PASEO ACELANTO SAN -JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) July 22, 1998 Clerk -Recorder's Office County of Orange P. O. Box 238 Santa Ana, California 92701 Joe* mwNom Iflllll{XO 1961 1776 CONFORM WDhoO91n 1 Not Compared Re: Amended Subdivision Improvement Agreement Gentlemen: The following document is enclosed for recordation: MEMBERS OF TME CITY COUNCIL COLLENE CAMPBELL JOHN GREINER WYATT HART GILJONES DAVID M. SWERDLIN CITY MANAGER GEORGE SCARBOROUGH Amended Subdivision Improvement Agreement for Tract 14379 -San Juan Enclave III f $01.00 is enclosed to cover recording fees and conformed copy fees. When placed of record, please return said document to this office. A duplicate copy of this letter is enclosed. Please stamp Document Number and date of recording on the letter and return it to this office in the enclosed, stamped, self-addressed envelope at your earliest convenience. Thank you for your cooperation. Very truly yours, Cheryl Johnsdfi City Clerk Enclosure CERTIFIED MAIL:RETURN RECEIPT Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder 111111111111111111111111 Jill 66.00 Docui 19980538112 2:33pm 08/17/98 005 18012968 18 46 Al2 21 6.00 60.00 0.00 0.00 0.00 0.00 Date CONFORMED COPY No; Compared with Original DRUSUSE AB San Juan Capistrano: Preserving the Past to Enhance the Future NDER: i, Complete Items 1 andifor 2 for additional services. I also wish to receive the + -Compete items 3, aa, and ab. following services (for an •Prim your name and address on the "me of this form so that we can return this extra fee): card to you. •Anal, this form to the from of the misplace, or on the back if space does not 1. ❑ Addressee's Address pla•wWr e'Retum Receipt Requested' on the maiipiece below the article number. 2. ❑ Restricted Delivery •The Retum Receipt will show to whom the adide was delivered end the date e delivered. Consult postmaster for fee. 9pp 3. Article Addressed to: 4a. de Number S {/�� / n _ 6Cy �,j�Q�� E 4b. Service Type u ❑ Registered ;edifiedZiu W ❑ Express , it f• !❑ Insured e Co9�t' 7,01 ❑ Return, for ❑ CAD / 7. DateqMiveryl� 8 4r,5'02 5. Received By Prtnt Name) 8. Addre ss requested c and tee �, N 6. Signa orA nt) F Ps Form 3811. Discern Z4 102595-97-9.01)9 Domestic Retum Receipt P 99c �Dil Ll 'i RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) P.¢., tate and m w e ` /,�Pf 701 Postage S/! Certified Fee / Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered mm Return Rec to whom. Date, an any TOT ag y 5 y � v 8 Pas or D i C M .5 %f �? N a 0 0 8. APPROVAL OF LICENSE AGREEMENT FOR IMPROVEMENTS IN THE \PUBLIC RIGHT-OF-WAY RELATING TO ENTRY GATE ON MALASPINA ROAD (TRACT 9184, MALASPINA HOMEOWNERS ASSOCIATION) (600.30) a 10. A et forth in the Report dated July 7, 1998 from the Director of Engineering and Building, the M4yor and City Clerk were authorized to execute the License Agreement between the Malaspiha,,Homeowners Association and the City for installation of an entry gate and related facilities on'the public portion of Malaspina Road. The City Clerk was authorized to forward the Agreement the Orange County Recorder for Recordation. As set forth in the Report dated July 7,1I�S from the Director of Engineering and Building, the "Agreement Establishing Slope Displacet\nent Warranty Program" for Tracts 13866 and 13437 was approved and the City Clerk was atrY,lrorized to forward the Agreement to the Orange County Recorder for recordation. 1� 6600_30) As set forth in the Report dated July 7, 1998 from the Director of EngineerinkAQd Building, the Agreement to develop the San Juan Capistrano Traffic Model was approved Austin - Foust Associates, Inc. in the amount of $56,600. X711. APPROVAL OF AMENDED FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT, TRACT 14379, PEPPERWOOD ESTATES (SAN JUAN ENCLAVE. LLC) (600.30) ` As set forth in the Report dated July 7, 1998 from the Director of Engineering and Building, the Amended Final Map and Subdivision Improvement Agreement, Tract 14379, Pepperwood Estates was approved and the City Engineer and City Clerk were authorized to execute the Amended Final Map. The Mayor and City Clerk were authorized to execute the Amended Subdivision Improvement Agreement and accept the corresponding securities. The City Clerk was directed to forward the Amended Map and Amended Subdivision Improvement Agreement to the County Recorder for recordation. 12 ADOP OF RESOLUTION SETTING A DATE AND TIME FORA PUBLIC As set forth in the Report dated July 7, 1998 i?Ont4heDirector of Engineering and Building, the following Resolution setting a Public Hearing for Au as> 4 1998, regarding the proposed City Council Minutes -5- 7/7/98 0 0 AGENDA ITEM July 7, 1998 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering & Building SUBJECT: Approval of Amended Final Map and Subdivision Improvement Agreement, Tract 14379, Pepperwood Estates (San Juan Enclave LLC.) RECOMMENDATION Approve the Amended Final Map for Tract No. 14379 as it conforms to the requirements set forth in the Subdivision Map Act and the approved Amended Tentative Tract Map conditions. 2. Authorize the City Engineer and the City Clerk to execute the Amended Final Map. 3. Authorize the Mayor and City Clerk to execute the Amended Subdivision Improvement Agreement and accept the corresponding securities. 4. Direct the City Clerk to forward the Amended Map and Amended Subdivision Agreement to the County Recorder. SITUATION A. Summary and Recommendation San Juan Enclave LLC, the developer of 31 homes on approximately 35.5 acres of land subdivision in Tract 14379 (Pepperwood Estates), has submitted an Amended Final Map which increased the residential lots from an already approved final map for 24 residential lots to 31 residential lots. An Amended Tentative Tract Map for Tract 14379 showing the 31 residential lots was approved by City Council Resolution No: 97-11-18-2 in November of 1997. The Amended Final 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 Amended Tentative Tract Map and the Subdivision Map Act. All applicable conditions of approval required by Resolution 97-11-18-2 (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 Amended Subdivision Improvement Agreement (Attachment 2). F:�B CIT Y COU.'XIL ACZ;;�K '011 AGENDA ITEM -2- July 7, 1998 B. Background On June 2, 1992, the City Council approved Wittenberg -Livingston Inc. Tract Map 14379, which allowed the subdivision of a 35.5 -acre parcel, known as Pepperwood Estates, into 24 residential lots located at the northern terminus of Alipaz Street (Attachment 3). In January 1996 the City utilized developer's funds to purchase right-of-way from the Orange County Flood Control District. This right-of-way provides for the future extension of Alipaz Street and also for access to the development. Pepperwood Estates, as conditionally approved, will be a private residential gated community. On October 7, 1997, the City Council approved the Final Map for Tract No. 14379 and authorized the Mayor and City Clerk to execute the Subdivision Improvement Agreement and to accept the corresponding securities. On November 18, 1997, the City Council approved San Juan Enclave, LLC Amended Tentative Tract Map 14379, which allowed the subdivision of the same 35.5 acre parcel into 31 residential lots in lieu of 24 lots previously approved. All conditions of approval contained in the City Council Resolution 97-11-18-2 have been met. The locations of the easements described in conditions three and six, which were taken verbatim from City Council Resolution 92-6-2-4(approving the 24 lot tentative map) do not correspond with the amended/revised lot numbers. The specific changes are as follows: Condition No: 3 refers to an irrevocable offer for access to Finney property between lots 1 I and 12. this offer has been dedicated on the Final Map however the corresponding lot numbers on the Amended Map are lots 13 and 14. Condition No: 6 refers to an Emergency Access easement over a 20 -foot storm drain easement over lot 15. The Amended Map eliminated the drainage easement and provided for an Emergency Access easement over lot C at the northerly end of Old San Juan Road. Although the lot numbers for these easements differ, the easements themselves are more or less in the same location, serve the same intended purposes and therefore staff recommends that these easements are in substantial conformance with the approved Tentative Map. All improvement plans have been reviewed and approved by the City Engineer and the Water District. The City Planning Director has also approved the Covenants, Conditions and Restrictions (CC&R's) for Tract 14379. The final items listed below have been reviewed and found to be in compliance with the requirements of the Amended Final Tract Map: 1. Applicable Subdivision fees. 2. Amended Subdivision Improvement Agreement executed in duplicate. 0 0 AGENDA ITEM -3- July 7, 1998 3. Faithful Performance and Labor and Material bonds for: a. Street Improvements b. Alternate Entry c. Storm Drain Improvements d. Sewer Improvements e. Water Improvements f. Landscape and Irrigation Improvements g. Survey Monumentation (Performance Bond) COMMISSIONBOARD REVIEW, RECOMMENDATIONS This project has been previously reviewed and approved by the Environmental Administrator, Equestrian Commission, Transportation Commission and the Planning Commission. FINANCIAL CONSIDERATIONS All applicable fees have been paid and the required sureties posted with the City. NOTIFICATION San Juan Enclave LLC, Current Developer Hunsaker and Associates, Project Engineer Norcal Engineering, Project Geotechnical Engineer ALTERNATE ACTIONS 1. Approve the Amended Final Tract Map 14379 and the Amended Subdivision Improvement Agreement. 2. Do not adopt the Amended Final Tract Map 14379 and the Amended Subdivision Improvement Agreement. 3. Refer to Staff for additional information. RECOMMENDATION 1. Approve the Amended Final Map for Tract No. 14379 as it conforms to the requirements set forth in the Subdivision Map Act and the approved Amended Tentative Tract Map conditions. 2. Authorize the City Engineer and the City Clerk to execute the Amended Final Map. 0 0 AGENDA ITEM -4- July 7, 1998 3. Authorize the Mayor and City Clerk to execute the Amended Subdivision Improvement Agreement and accept the corresponding securities. 4. Direct the City Clerk to forward the Amended Map and Amended Subdivision Agreement to the County Recorder. Respectfully Submitted: Prepared $y: William M. Huber, P.E. ja oucairDirector of Engineering & Buildingior Engineer WNIWSS:ss Attachments: 1. Resolution 97-11-18-2 2. Amended Subdivision Improvement Agreement 3. Location Map a:\agenda\7-7-98Pep.ss 0 0 RESOLUTION NO. 97-11-18-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AN AMENDMENT TO TRACT MAP 14379 TO SUBDIVIDE THE 35 -ACRE PARCEL LOCATED AT THE NORTHERN TERMINUS OF ALIPAZ STREET INTO 31 LOTS (WOODBRIDGE DEVELOPMENT/PEPPERWOOD ESTATES) WHEREAS, the applicant, Woodbridge Development, 27285 Las Ramblas, Suite 230, Mission Viejo, has requested an amendment to Tract Map 14379, a 35 -acre parcel located at the northern terminus of Afipaz Street, to subdivide the parcel into 31 lots of approximately 20,000 square feet each; and, WHEREAS, the City's Environmental Review Board has reviewed a proposal for a 24 -lot subdivision of Tract 14379, in accordance with the California Environmental Quality Act and determined that an Environmental Impact Report be prepared and forwarded to the City Council for certification. The Draft Environmental Impact Report determined that all impacts of the proposed project can be mitigated to a level of insignificance; and, WHEREAS, on October 14, 1997, the Environmental Administrator issued a Mitigated Negative Declaration addressing the proposed 31 -lot subdivision of Tract 14379. No additional impacts over those of the 24 -lot subdivision were identified. All mitigation measures contained in Environmental Impact Report 92-2 are incorporated into this resolution by reference; and, WHEREAS, on June 2, 1992, the City Council of the City of San Juan Capistrano held a duly -noticed public hearing to consider testimony both in favor of and in opposition to Vesting Tentative Tract Map 14379, a 24 -lot subdivision of the subject property, and approved the proposal, subject to conditions; and, WHEREAS, on October 28, 1997, the Planning Commission of the City of San Juan Capistrano held a duly -noticed public hearing to consider testimony both in favor of, and in opposition to, a 31 -lot subdivision of Tract 14379, and forwarded a recommendation of approval to the City Council; and, WHEREAS, on November 18, 1997, the City Council of the City of San Juan Capistrano held a duly -noticed public hearing to consider testimony both in favor of and in opposition to, a 31 -lot subdivision of Tract 14379. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby find and determine as follows: a. The proposed map, as conditioned, is consistent with the development standards for the ES (Small Estate) District as contained in Section 9.3-424 (Development Standards) 181 182 of the Municipal Code. Access will be provided to the abutting property, and a fuel modification program and tree replacement are required. b. The design and improvements of the proposed map, as conditioned, are consistent with the General Plan in that the proposed equestrian trails will provide vital links to other General Plan equestrian trails, will provide necessary dedications for the future extension of Alipaz Street, will provide for buffering and appropriate open space between the extension of Alipaz and the houses on Via Belardes north of Calle Rio Vista, and will utilize materials compatible with the natural surroundings in the construction of the retaining walls. C. The proposed site is physically suited for the type of proposed development in that the portion of the site proposed for development is gently sloping and located outside the limits of the 100 -year floodplain. Additionally, the preliminary soils report establishes that this property is suitable for development. d. The project site is physically suited for the proposed density of development in that the project site is located in an area adjacent to medium -to -low density residential uses and equestrian uses and the development is consistent with the General Plan Designation of 1.4 (Medium Density Residential). e. An environmental impact report for the proposed project has been prepared. The EIR indicates that all adverse impacts associated with this project can be mitigated to a level of insignificance. f The design of the subdivision is not likely to cause any serious public health problems in that the project has been designated outside the limits of the 100 -year floodplain. Additionally, the environmental impact report for this proposed project has not identified any adverse health impacts associated with the project. g. The proposed project, as conditioned, will not interfere with any existing or proposed public right-of-way in that necessary dedications for the Alipaz Street right-of-way will permit the future extension of that street, and reciprocal agreements will increase future emergency access when the property to the north is developed. h. The proposed project will not interfere with the maintenance or preservation of any historical site, in that according to the EIR prepared for this proposal, the project site offers limited potential for significant archaeological/paleontological resources and, as conditioned, any phase of development of the site which may disturb such resources will require monitoring. BE IT FURTHER RESOLVED, that the City Council does hereby approve a 31 -lot subdivision of Tract 14379, subject to the following conditions: 1. Mitieation MonitoringProgr - The applicant shall comply with all applicable mitigation measures of the Mitigation Monitoring Program included in Exhibit 1 of this resolution. 2. Altemate Entry Design - Prior to approval of the Final Map, the applicant shall submit an alternate entry design for the proposed project that would be compatible with the future -2- extension of Alipaz Street. The applicant shall also post a bond for the removal of the original entrance to the project and the construction of the new entrance. The design of the improvements and the adequacy of the bond shall be subject to approval by the Planning Director and the City Engineer. 3. Access to the Finney Property - An irrevocable offer of easement dedication along the private street and between Lots 13 and 14 would serve as access to the Finney property west of Trabuco Creek and shall be included on the Final Map. Said easement shall be subject to approval by the Planning Director and the City Engineer. This easement shall be subject to the following restrictions: a. The easement shall not be effective until a Certificate of Occupancy is granted for a single-family residence on the Finney property, and said easement shall be limited to serving one single-family residential and accessory uses. b. The Finney property shall be annexed into the Homeowners Association, and shall be subject to the CC&R's of Pepperwood Estates and subject to all Homeowners Association fees of Pepperwood Estates, prior to approval of a residential building permit. C. The developer of the Finney property shall be responsible for the construction of improvements necessary to access said property. d. No commercial traffic shall be permitted on said access. 4. Fuel Modification Plan - Additional information for the fuel modification plan, including the methods of thinning, location of trees and a breakdown of which plants are to be used in each zone, shall be submitted and approved by the Planning Director and the City Engineer prior to the approval of the Final Map. 5. Landscape Maintenance - The developer shall be responsible for adequately installing and maintaining all landscaping and fuel modification zones until such maintenance is assumed by the Homeowners Association. The developer shall prepare a landscape establishment and maintenance plan, subject to the approval of the Planning Director and the City Engineer prior to Final Map approval. 6. Emergeoa Access - An emergency ingress/egress easement shall be dedicated over the 20 -foot storm drain easement along the northern portion of Lot 15 prior to Final Map approval. Said easement shall be subject to the approval of the Planning Director and the City Engineer. The surface material of this easement shall be approved by a representative of the Orange County Fire Department. 7. Archaeological Monitoring - The applicant shall provide City -approved on-site monitoring of all grading activities by a qualified paleontological field inspector and archaeologist. 8. CC&R's - The applicant shall submit a draft of the Covenants, Conditions and Restrictions (CC&R's), homeowner's agreement or equivalent to the City of San Juan Capistrano -3- Engineering Division at the time of Final Map/plan submittal for checking and shall contain provisions for the following: a. Private on-site drainage facilities shall be maintained by the Homeowners Association or equivalent. b. Maintenance of the fuel modification zones and landscaped areas, including the buffer zone behind the Via Belardes residences, shall be maintained by the Homeowners Association. C. The Homeowners Association shall provide for the maintenance for the equestrian feeder trails. 9. FWestrian Trail Desim - The trail drainage lines shall be designed so that no manhole covers encroach within the trail alignment. 10. Equestrian Trail Barriers - The equestrian trail and motorcycle barriers shall provide gates and access to maintenance and emergency vehicles consistent with the Equestrian Trails Design Manual. 11. Equestrian Crosswalk - The equestrian trail crosswalk shall have only vertical stripes and be consistent with the Municipal Code. 12. dorm Drain Outlet - The storm drain outlet into the creek shall be designed to protect the trail from flooding. 13. Dedication - The following dedications shall be made on the Final Map approval, subject to the approval of the City Engineer. a. Dedicate a 15 -foot diagonal comer cut-off at the corner of private street intersections. b. Dedicate appropriate easements to City for emergency and public security ingress and egress purposes. C. Drainage facilities shall be provided with necessary easements for main line facilities not within public right-of-way where required by the City Engineer and in accordance with the Master Plan of Drainage. Dedicate equestrian easements for equestrian feeder trails 20 feet wide. e, Sewer facilities shall be provided with necessary easements for main line facilities. 14. The applicant shall submit a concept plan showing the location of the proposed building pads, the size of the pads, the setbacks for garages and homes, etc., for Planning Commission approval prior to issuance of the first residential building permit. -4- 183 • 0 15. The map shall be revised to clearly indicate the designated use for each lettered (common) lot, other than the private street, as "open space". 16. Prior to the issuance of grading permits, the applicant shall provide confirmation that the Capistrano Valley Water District has adequate capacity to serve the project's needs. 17. The proposed Vesting Tentative Tract Map shall be subject to the In -lieu Affordable Housing Fee Provisions as contained in Section 9-3.632 of the Municipal Code. 18. Prior to issuance of permits for construction of entry plaza improvements, the applicant shall submit plans indicating a smooth finish decorative paving which will not generate high noise levels. These plans will be subject to approval by the Planning Director and the City Engineer. 19. Prior to the approval of a license agreement for any improvements within the public right-of-way, the applicant shall submit improvement plans for, and bond for the construction of, a continuous stretch of sidewalk north and south of the intersection of Alipaz Street and Del Obispo Street, subject to approval by the Planning Director and the City Engineer. 20. The applicant shall submit revised entry plaza improvement plans indicating any proposed improvements for the access point subject to the easement serving the Rio Vista Stables, for approval by the Planning Director and the City Engineer. 21. The proposed landscape and entry plaza improvements proposed by the applicant for the public right-of-way shall initially be maintained by the developer, with subsequent and permanent maintenance passed on to the homeowners' association. PASSED, APPROVED, AND ADOPTED this 18th day of November 1997. DAVID M. SWERDLIN, MAYOR ATTEST: -5- 186 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. 97-11-18-2 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 18th day of November 1997, by the following vote: AYES: Council Members Jones, Greiner, Hart, Campbell and Mayor Swerdlin NOES: None ABSTAIN: None ABSENT: None (SEAL) CHERYL JO O , CITY CLERK 0 RETURN ADDRESS OE , fo �%Fi..gcor=o S'/'�/ J uia/v �gr1ff"e,91VO — C4 9� b7 S v ✓ , Regretfully your unrecorded naming q together with your remittance of $ Ck. No. Z (�� T–V �3 is being returned as your document is deficient in the area(s) indicated below: (1) The recorder can find no provision in the law authorizing the recording of the enclosed document(s). (2) Recording cannot be performed in this county. Please forward your document to County Recorder. (3) For proper indexing: a. "Et al" is not acceptable; all parties must be named. b. The name of the company, corporation or partnership must be at the signature point. _ c. The trustee of a trust must be identified as such. d. The names in the caption, execution and notary acknowledgment must match. e. The caption of the document and signature point need to identify who the custodian/agent represents (4) The Documentary Transfer Tax declaration must be completed to show either the amount of tax due or an acceptable reason for exemption. (See enclosed bulletin.) If there is "No consideration," document must so state. (5) The city where the property is located or "unincorporated area," is required on the deed and the tax declaration must indicate how the tax was computed. (6) The preliminary change of ownership report is required. Please complete or correct the areas marked in red. (7) The notary acknowledgment is incomplete (please see red mark) or is on an outdated form. A "General Acknowledgment" form is required. (See enclosed sample.) (8) The notary seal is illegible. You may have the notary restamp the document clearly or you may complete the enclosed certification under the penalty of perjury. Adding the "Penalty of Perjury" statement will increase the fee by $ (9) Portion(s) of the document are illegible (please see red mark). You may execute and submit a new original, or complete the enclosed certification under penalty of perjury. Adding the "Penalty of Perjury" statement will increase the fee by $ (10) The legal description/exhibit has been omitted. All exhibits must be referenced in the body of the document and appropriately labeled. (11) Recording reference (date and document number or book and page) of the prior recorded document is incorrect or was omitted. (12) Abstracts of judgment must contain the address of the judgment creditor(s), the address of the judgment debtor(s) and the address at which the summons was served or mailed. (13) Pursuant to Government Code sections 27288.1 and 27201, all parties whose interest is affected must be named and identified (i.e. owner etc.). (14) To properly perfect a security interest, this UCC -1 must be filed with the Secretary of State, Uniform Commercial Code Division, P.O. Box 1738, Sacramento, CA 95808, unless it is a "fixture filing" pursuant to UCC section 9313. Any Financing Statement covering fixtures must include a statement that it is a fixture filing to be recorded in the real estate records, a description of real property in Orange County and, if the debtor does not own the real property, the name of the owner. (15) We have received your check without a document or letter of instruction. We are unable to determine the intent of the fees. - (16) The c rr .rr e is $ ��o (17) OTHER: THANK YOU FOR YOUR COOPERATION GARY L. GRANVILLE, COUNTY CLERK -RECORDER BY MART LSE Deputy Recorder w F0662-105 (Fi10/96) Please return to: Clerk -Recorder P.O. Box 238 Santa Ana, CA 92702-0238 (714) 834-2887 0 October 9, 1997 San Juan Enclave LLC 27285 Las Rambles, Suite 230 Mission Viejo, California 92691 JMao U ` ' incow110TH mnu+al0 1161 1776 MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL JOHN GREINER WYATT HART GIL JONES DAVID M. SWERDLIN CITY MANAGER GEORGESCARBOROUGH Re: Final Mao and Subdivision Improvement Agreement - Tract 14379 Gentlemen: At their meeting of October 7, 1997, the City Council of the City of San Juan Capistrano approved the Final Map for Tract No. 14379, noting its conformance to the requirements set forth in the Subdivision Map Act and the approved Tentative Tract Map. The City Council also approved the Subdivision Improvement Agreement. The Map and Agreement have been forwarded to the Orange County Recorder's Office. A fully -executed copy of the Subdivision Improvement Agreement is enclosed for your files. Please feel free to contact Sam Shoucair at 443-6355 if you have any questions. Very truly yours, Cheryl Johnson, CMC City Clerk Enclosure cc: Christiansen & Associates Wittenberg -Livingston, inc. Norcal Engineering Engineering and Building Director Sam Shoucair 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 7. 0 0 The Resolution declared the work complete in the amount of $237,615.67 and directed the Cl erk to forward a Notice of Completion to the County RecoMer. Staff was authorized to release 0% retention in the amount of $23,761.57 thirty-five days after recording the Notice of Comp e As set forth in the Report dated October 7, 1997 from ity Attorney, the revised Extension of License Agreement for Use of Public Property with OBtini—c Nitti to maintain a garden on a portion of the Swanner Ranch with a 90 -day termination prove 'pursuant to the City Council direction at the September 16, 1997 meeting, was approved. _lye' � • L �1 �• . ul �M _ • ' • • • I OVION a ► : I�.I ►1: t II► • ►1 . 11 1 As set forth in the Report dated October 7, 1997, the Final Map and Subdivision Improvement Agreement for Tract 14379 were approved based on conformance to the requirements set forth in the Subdivision Map Act and the approved Tentative Tract Map conditions. The City Clerk was authorized to forward the documents to the Orange County Recorder's Office. At the request of Council Member Campbell, the following item was removed from the Consent Calendar. Upon motion Council Member Jones, seconded by Council Member Hart, and with Council Member pbell abstaining due to a possible conflict of interest, the budget amendment and Reimb ment Agreement with 9 property owners in the Hunt Club for reimbursement in the amoun f $75,533 from Sewer Enterprise Funds for replacement of sewer drain facilities in conjuncts with repair of private slopes was approved as set forth in the Report dated October 7, 1997 fkRm the Director of Engineering and Building. IallmuW-Inni_4 1. Proposal: Consideration of a request for approval of a text amendment (rezone) to mprehensive Development Plan (CDP) 78-01 to allow development of an 86,000 -square -foo , 60 -room assisted living, skilled nursing and Alzheimer's care facility. The amendmen o the City Council Minutes -4- 10/7/97 AGENDA ITEM October 7, 1997 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering & Building SUBJECT: Approval of Final Map and Subdivision Improvement Agreement, Tract 14379 Pepperwood Estates (San Juan Enclave LLC.). dIu1 ► 1 ► Approve the Final Map for Tract No. 14379 as it conforms to the requirements set forth in the Subdivision Map Act and the approved Tentative Tract Map conditions. 2. Authorize the City Engineer and the City Clerk to execute the Final Map. 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 San Juan Enclave LLC, the developer of 24 homes on approximately 35.5 acres of land subdivision in Tract 14379 (Pepperwood Estates), has submitted the Final Map for City Council consideration and approval. The previous land owner was Wittenberg -Livingston Inc. The map, as well as the grading and improvement plans, has been reviewed by the Engineering Division and was found to be in conformance with the Tentative Tract Map and the Subdivision Map Act. All applicable conditions of approval required by Resolution 92- 6-2-4 (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 June 2, 1992, the City Council approved Wittenberg -Livingston Inc. Tract Map 14379, which allowed the subdivision of a 35.5 -acre parcel, known as Pepperwood Estates, into 24 residential lots located at the northern terminus of Alipaz Street (Attachment 3). FOR CITY COUNCIL AGEP'DL j/ 0 0 AGENDA ITEM -2- October 7, 1997 In January of last year the City utilized developer's funds to purchase right-of-way from the Orange County Flood Control District. This right-of-way provides for the future extension of Alipaz Street and also access to the development. Pepperwood Estates, as conditionally approved, will be a private residential gated community. All improvement plans have been reviewed and approved by the City Engineer and the Water District including the construction of a sidewalk section along the easterly side of Alipaz Street at Calle Rio Vista instead of the westerly side as indicated in Condition 5 of Resolution 92-6-2-4. (For safety purposes and to allow for a continuous sidewalk, it is recommended that the developer construct a 1,200 foot sidewalk section along the easterly side of the street. This is due to the constraint caused by a necessary retaining wall along the westerly side of street which would have required significant additional grading and a higher retaining wall if a sidewalk had to be placed along such westerly side.) The City Planning Director has also approved the covenants, conditions and restrictions (CC&R's) for Tract 14379. The final items listed below have been reviewed and found to be in compliance with the requirements of the Final Tract Map: 1. Applicable Subdivision fees 2. Subdivision Improvement Agreement executed in duplicate 3. Faithful Performance and Labor and Material bonds for: a. Street Improvements b. Alternate Entry c. Storm Drain Improvements d. Sewer Improvements e. Water Improvements f. Landscape and Irrigation Improvements g. Survey Monumentation (performance bond) 50031"l alaina-mmule This project has been previously reviewed and approved by the Environmental Administrator, Equestrian Commission, Transportation Commission and the Planning Commission. FINANCIAL CONSIDERATIONS All applicable fees have been paid and the required sureties posted with the City. NOTIFICATION San Juan Enclave LLC, Current Developer Christiansen & Associates, Project Engineer Norcal Engineering, Project Geotechnical Engineer Wittenberg-Livington, Inc., Previous Developer 0 0 AGENDA ITEM -3- October 7, 1997 ALTERNATE ACTIONS Approve the Final Tract Map 14379 and the Subdivision Improvement Agreement, 2. Do not adopt the Final Tract Map 14379 and the Subdivision Improvement Agreement. 3. Refer to Staff for additional information. Approve the Final Map for Tract No. 14379 as it conforms to the requirements set forth in the Subdivision Map Act and the approved Tentative Tract Map conditions. 2. Authorize the City Engineer and the City Clerk to execute the Final Map. 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: 7( - William M. Huber, P.E. Director of Engineering & Building WMH/SS:ss Prepared By: Shoucair Senior Engineer Attachments: 1. Resolution 92-6-2-4 2. Subdivision Improvement Agreement 3. Location Map a:\agenda\10-07Pep.ss Ll RESOLUTION NO. 92-6-2-4 0 APPROVAL OF TENTATIVE TRACT MA" 14379 (WITTENBERG-LIVINGSTON, INC.) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 14379, A 24 -LOT SUBDIVISION OF A 35.5 -ACRE PARCEL LOCATED AT THE NORTHERN TERMINUS OF ALIPAZ STREET (WITTENBERG-LIVINGSTON, INC.) WHEREAS, the applicant, Wittenberg -Livingston, Inc., 120 Newport Center Drive, Suite 220, Newport Beach, CA 92660, has submitted an application for a zone change from the GM (Growth Management) District to the ES (Small Estate) District, and a 24 -lot, custom home -site subdivision of a 35.5 -acre parcel located at the northern terminus of Alipaz Street; and, WHEREAS, the City's Environmental Review Board has reviewed this proposal in accordance with the California Environmental Quality Act and determined that an Environmental Impact Report be prepared and forwarded to the City Council for certification. The Draft Environmental Impact Report determined that all impacts of the proposed project can be mitigated to a level of insignificance; and, WHEREAS, the City's Traffic and Transportation Commission reviewed this project on January 8, 1992, and recommended approval, subject to conditions; and, WHEREAS, the City's Equestrian and Recreational Trails Commission reviewed this project on February 24, 1992, and recommended approval, subject to conditions- and, WHEREAS, the Planning Commission of the City of San Juan Capistrano reviewed this project on May 4, 1992, and recommended approval, subject to conditions. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby find and determine as follows: a. The proposed map, as conditioned, is consistent with the development standards for the ES (Small Estate) District as contained in Section 9.3-424 (Development Standards) of the Municipal Code. Access will be provided to the abutting property, and a fuel modification program and tree replacement are required. The proposed reduction in roadway widths is necessary to reduce grading and is consistent with the Municipal Code, which permits a reduction in roadway width during the Development Review Process. b. The design and improvements of the proposed map, as conditioned, are consistent with the General Plan in that the proposed equestrian trails will provide vital links to other General Plan equestrian traiis, will provide necessary dedications for the future extension of Alipaz Street, will provide for buffering and appropriate open space between the extension of Alipaz and the houses on Via Belardes north of Calle Rio Vista, and will utilize materials compatible with the natural surroundings in the construction of the retaining walls. ATTACHMENT 1 0 0 C. The proposed site is physically suited for the type of proposed development in that the portion of the site proposed for development is gently sloping and located outside the limits of the 100 -year floodplain. Additionally, the preliminary soils report establishes that this property is suitable for development. d. The project site is physically suited for the proposed density of development in that the project site is located in an area adjacent to medium- to low-density residential uses and equestrian uses and the development is consistent with the General Plan Designation of 1.4 (Medium Density Residential). e. An environmental impact report for the proposed project has been prepared. The EIR indicates that all adverse impacts associated with this project can be mitigated to a level of insignificance. I. The design of the subdivision is not likely to cause any serious public health problems in that the project has been designated outside the limits of the 100 -year floodplain. Additionally, the environmental impact report for this proposed project has not identified any adverse health impacts associated with this project. g. The proposed project, as conditioned, will not interfere with any existing or proposed public right-of-way in that necessary dedications for the Alipaz Street right- of-way will permit the future extension of that street, and reciprocal agreements will increase future emergency access when the property to the north is developed. h. The proposed project will not interfere with the maintenance or preservation of any historical site, in that according to the EIR prepared for this proposal, the project site offers limited potential for significant archaeological/ paleontological resources, and as conditioned, any phase of development of the site which may disturb such resources will require monitoring. BE IT FURTHER RESOLVED, that the City Council does hereby approve Tentative Tract 14379, subject to the following conditions: 1. Alipaz Extension - The applicant shall make dedications for the right-of- way of Alipaz Street on the Final Map. Said dedications shall be subject to the approval of the City Engineer and the recommendation of the Director of Planning Services. 2. Alternate Entry Design - Prior to approval of the Final Map, the applicant shall submit an alternate entry design for the proposed project that would be compatible with the future extension of Alipaz Street. "he applicant shall also post a bond for the removal of the original entrance to the project and the construction of the new entrance. The design of the improvements and the adequacy of the bond shall be subject to approval by the Director of Planning Services and the City Engineer. 3. Access to Finney Property - An irrevocable offer of easement dedication along the private street and between Lots I 1 and 12 would serve as access to the Finney property west of Trabuco Creek and shall be included on the Final Map. Said easement shall be subject to approval by the Director of Planning and the City Engineer. This easement shall be subject to the following restrictions: a. The easement shall not be effective until a Certificate of Occupancy is granted for a single-family residence on the Finney property, and -2- 0 0 said easement shall be limited to serving single-family residential and accessory uses. b. The Finney property shall be annexed into the Homeowners Association, and shall be subject to the CC&R's of Pepperwood Estates and subject to all Homeowners Association fees of Pepperwood Estates, prior to approval of a residential building permit. C. The developer of the Finney property shall be responsible for the construction of improvements necessary to access said property. d. No commercial traffic shall be permitted on said access. 4. Entry Gate Design - The entry gate shall be redesigned in order to meet the design criteria of the Municipal Code Section 8.13-101. Said redesign shall be subject to the approval of the Director of Planning and the City Engineer. 5. Entry Buffer - Prior to Final Map approval the applicant shall submit a revised cross-section for the extension of Alipaz Street for the intersection of Calle Rio Vista which provides for a landscape buffer, including a 5 -foot sidewalk behind the homes on Via Belardes. 6. Retaining Wall Surface Treatment - Prior to approval of the Final Map, the applicant shall submit working drawings for the retaining walls at the entry to the site. Said plans shall be approved by the Director of Planning and the City Engineer. 7. Fuel Modification Plan - Additional information for the fuel modification plan, including the methods of thinning, location of trees and a breakdown of which plants are to be used in each zone, shall be submitted and approved by the Director of Planning and the City Engineer prior to the approval of the Final Map. 8. Landscape Maintenance - The developer shall be responsible for adequately installing and maintaining all landscaping and fuel modification zones until such maintenance is assumed by the Homeowners Association. The developer shall prepare a landscape establishment and maintenance plan, subject to the approval of the Director of Planning and the City Engineer, prior to Final Map approval. 9. Gradin - If deemed necessary by the City Engineer, the City may require the applicant to mass grade all lots. Such grading shall provide for building pads on each lot and minimize the removal of existing significant trees and vegetation. The grading plan shall be subject to review and approval by the Director of Planning and the City Engineer prior to Final Map approval. 10. Orange County Flood Control Property - The applicant shall obtain a legal right to access across the Orange County Flood Control property to the project site prior to Final Map approval. Proof of said legal right shall be reviewed and approved by the City Engineer. 11. Emergency Access - An emergency ingress/egress easement shall be dedicated over the 20 -foot storm drain easement along the northern portion of Lot 15 prior to Final Map approval. Said easement shall be subject to the approval of the Director of Planning and the City Engineer. The surface material of this easement shall be approved by a representative of the Orange County Fire Department. -3- 0 0 12. Archaeological Monitoring - The applicant shall provide City -approved on-site monitoring of all grading activities by a qualified paleontological field inspector and archaeologist. 13. CC&R's - The applicant shall submit a draft of the Covenants, Conditions and Restrictions CC&R's), homeowner's agreement or equivalent to the City of San Juan Capistrano Engineering Division at the time of Final Map/plan submittal for checking and shall contain provisions for the following: a. Private on-site drainage facilities shall be maintained by the Homeowners Association or equivalent. b. Maintenance of the fuel modification zones and landscaped areas, including the buffer zone behind the Via Belardes residences, shall be maintained by the Homeowners Association. C. The Homeowners Association shall provide for the maintenance for the equestrian feeder trails. 14. Equestrian Linkage, Lots 7-15 - Prior to Final Map approval an equestrian feeder trail easement connecting the rear yards of Lots 7-15 shall be dedicated to the City. Said easement shall be subject to approval by the Director of Planning and the City Engineer. 15. Equestrian Trail Design - The trail drainage lines shall be designed so that no manhole covers encroach within the trail alignment. 16. Equestrian Trail Barriers - The equestrian trail and motorcycle barriers shall provide gates and access to maintenance and emergency vehicles consistent with the Equestrian Trails Design Manual. 17. Equestrian Crosswalk - The equestrian trail crosswalk shall have only vertical stripes and be consistent with the Municipal Code. 18. Lot "B" Equestrian Easement - An easement for equestrian feeder trail purposes shall be dedicated to the City, on the final map, over open space Lot "B". Said easement is to provide access to the Trabuco Creek General Plan Trail for the possible realignment of the Recreational Feeder Trail, if the extension of Alipaz Street is constructed. 19. Storm Drain Outlet - The storm drain outlet into the creek shall be designed to protect the trail from flooding. 20. Dedication - The following dedications shall be made on the Final Map approval subject to the approval of the City Engineer. a. Dedicate a 15 -foot diagonal corner cut-off at the corner of private street intersections. b. Dedicate appropriate easements to City for emergency and public security ingress and egress purposes. -4- 0 0 C. Drainage facilities shall be provided with necessary easements for main line facilities not within pt'hlic right-of-way where required by the City Engineer and in accordance with the Master Plan of Drainage. d. Dedicate equestrian easements for equestrian feeder trails 20 feet wide. e. Sewer facilities shall be provided with necessary easements for main line facilities. 21. The applicant shall submit a concept plan showing the location of the proposed building pads, the size of the pads, the setbacks for garages and homes, etc., for Planning Commission approval, prior to Final Tract Map approval. 22. The map shall be revised to clearly indicate the designated use for each lettered (common) lot, other than the private street, as " open space." 23. Prior to the issuance of grading permits, the applicant shall provide confirmation that the Capistrano Valley Water District has adequate capacity to serve the project's needs. PASSED, APPROVED, AND ADOPTED this Of ,lune , 1992. ATTEST: -5- 2nd day STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) 1, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 92-6-2-4 adopted by the City Council of theCity of San Juan Capistrano, California, at a regular meeting thereof held on the 2nd day of June , 1992, by the following vote: AYES: Councilmen Friess, Hausdorfer, Vasquez and Mayor Jones NOES: None ABSTAIN: None ABSENT: Councilman Harris (SEAL) CHERYL JOHNSOrf, CITY CLERK �— S-I I 0 October 9 , 1997 Clerk -Recorder's Office County of Orange P. O. Box 238 Santa Ana, California 92701 Gentlemen: JVAW jjj nolOnrolxlm ssunuxlo 1961 1776 The following document is enclosed for recordation: MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL JOHN GREINER WYATT HART GEL JONES DAVID M. SWERDLIN CITY MANAGER GEORGESCARBOROGGH Subdivision Improvement Agreement for Tract 14379 between City and San Juan Enclave LLC A check in the amount of $68 is enclosed to cover recording costs and conformed copy costs. 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. Ver truly yours, Cheryl Johnson City Clerk Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder 66.00 19970546731 2:20pm 10/30/97 005 25005802 25 59 Al2 21 6.00 60.00 0.00 0.00 0.00 0.00 Document Number Enclosure Date 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 RETURN ADDRESS: • 58O _T�P� CAP7`rrz(�Z, RECEIVED ;3 Fa`o SA, S C -r CP, -9267--Ocr 2I I o; Ffi'97 Regreffully your unrecorded Fir 'I together with your remittance of $ (,`a— Ck,No_JK3ZZ. Ll 0 C T 17 1997 naming Sp�Ta�c�avc is being returned as your document is deficient in the area(s) indicated below: (1) The recorder can find no provision in the law authorizing the recording of the enclosed document(s). (2) Recording cannot be performed in this county. Please forward your document to County Recorder. (3) For proper indexing: a. "Et al" is not acceptable; all parties must be named. b. The name of the company, corporation or partnership must be at the signature point. c. The trustee of a trust must be identified as such. d. The names in the caption, execution and notary acknowledgment must match. e. The caption of the document and signature point need to identify who the custodian/agent represents (4) The Documentary Transfer Tax declaration must be completed to show either the amount of tax due or an acceptable reason for exemption. (See enclosed bulletin.) If there is "No consideration," document must so state. (5) The city where the property is located or "unincorporated area," is required on the deed and the tax declaration must indicate how the tax was computed. (6) The preliminary change of ownership report is required. Please complete or correct the areas marked in red. (7) The notary acknowledgment is incomplete (please see red mark) or is on an outdated form. A "General Acknowledgment" form is required. (See enclosed sample.) (8) The notary seal is illegible. You may have the notary restamp the document clearly or you may complete the enclosed certification under the penalty of perjury. Adding the "Penalty of Perjury" statement will increase the fee by $ (9) Portion(s) of the document are illegible (please see red mark). You may execute and submit a new original, or complete the enclosed certification under penalty of perjury. Adding the "Penalty of Perjury" statement will increase the fee by $ (10) The legal description/exhibit has been omitted. All exhibits must be referenced in the body of the document and appropriately labeled. (11) Recording reference (date and document number or book and page) of the prior recorded document is incorrect or was omitted. (12) Abstracts of judgment must contain the address of the judgment creditor(s), the address of the judgment debtor(s) and the address at which the summons was served or mailed. (13) Pursuant to Government Code sections 27288.1 and 27201, all parties whose interest is affected must be named and identified (i.e. owner etc.). (14) To properly perfect a security interest, this UCC -1 must be filed with the Secretary of State, Uniform Commercial Code Division, P.O. Box 1738, Sacramento, CA 95808, unless it is a "fixture filing" pursuant to UCC section 9313. Any Financing Statement covering fixtures must include a statement that it is a fixture filing to be recorded in the real estate records, a description of real property in Orange County and, if the debtor does not own the real property, the name of the owner. (15) We have received your check without a document or letter of instruction. We are unable to determine the intent of the fees. (16) The correct fee is $ If an attachment is added to the document, the fee will increase as stated on the attached fee schedule. (17) OTHER: INE i�rFs2fNCE 6­n,)z2T {jPc n zoco Cif �r rAG" T, Is L•• THANK YOU FOR YOUR COOPERATION GARY L. GRANNVILLE, COUNTY CLERK -RECORDER Please return to: BY 1 -/DOG' v.� u£ Clerk -Recorder P.O. Box 238 Deputy Recorder I Santa Ana, CA 92702-0238 a F0662-105 (R 10/96) (714) 834-2887 32400 PAS90 ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949)493-1171 (949) 493-1053 (FAX) October 1, 1999 Mr. Charles L. Galaway Vice President of Finance Woodbridge Development 27285 Las Ramblas, Suite 230 Mission Viejo, California 92691-6325 Re: Release of Bonds (Tract 14379 - San Juan Enclave, LLC) Dear Mr. Galaway: MEMBERS OF THE CITY COUNCIL COI.LENE CAMPBELL JOIN GREINER WATT HART GILJONES DAVID M. SWERDLIN CRY MANAGER GEORGE SCARBOROUGH The City of San Juan Capistrano is in receipt of the replacement bonds issued by Frontier Pacific Insurance Company for Tract 14379. Per your request the following bonds issued by Ulico Casualty Company are hereby released: BOND NO. PURPOSE AMOUNT B97-114061 Street Improvements $299,746 B97-014062 Alternate Entry $ 48,856 B97-114063 Storm Drain $130,910 B97-114064 Sanitary Sewer $ 79,452 B97-114066 Landscaping $116,900 B97-114065 Water Facililies $186,714 B97-114067 Subdivision Monuments $ 13,200 141-58-52 Grading $100,000 Please note the grading bond was issued by Insurance Company of the West. I have enclosed the originals for your records. If you have any questions, please do not hesitate to call me at (714) 443-6310. Very truly yours, Dawn M. Schanderl Deputy City Clerk cc: Daniel McFarland, Building Official Sam Shoucair, Senior Engineer Ulico Casualty Company Insurance Company of the West San Juan Capistrano: Preserving the Past to Enhance the Future SUBDIVISION fMTROVEMIENT AGREEMENT EXHIBIT "A" WORKS OLIMPROVEMEN Type of Improvements: Estimated Construction Cost or Bond Amount Grading Erosion and Silt Control Traits and related improvements Street and Related Improvements Alternate Entry and Related Improvements Storm Drain Processed separately through Bldg, Division Processed separately through Bldg. Division Processed separately through Bldg. Division $ 299,746 $ 48,956 130,710 Sanitary Sewer $ 79,452 ,6 1--27 Water $ 186,714 04; Landscaping & irrigation $ 116,900 Street Monuments 13,200 --Sullivan&Curtis October 29, 1997 City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675-2675 Re: San Juan Enclave LLC Risk Management Insurance Brokerage 2100 MAIN STREET IRVINE, CALIFORNIA 92510 TELEPHONE (713) 250-]1]2 FACSIMILE (7131 852-11]52 CA LICENSE NO. 0721187 Irvine • Pawdena Honolulu • SeaHle Bond No. B97-014061 - Subdivision Faithful Performance Bond & Labor and Material Bond Tract No. 14379 - Street Improvements Enclosed for filing on behalf of our client, San Juan Enclave LLC, is a rider to the above captioned bond changing the bond number. The new bond number is B97-114061. Thank you and if you should have any questions regarding the enclosed please feel free to contact our office. Sincerely, `Mary Jo Stelzer Bond Account Manager 714 852-4814 cc: Charles Galaway, San Juan Enclave LLC Bond No. 897014061 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 SAN JUAN ENCLAVE 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 SEPTEMBER 18 19_97 and identified as Project STREET IMPROVEMENTS - TRACT 14379 is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement; NOW, THEREFORE, we, the Principal and ULICO CASUALTY 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 NINETY NINE THOUSAND SEVEN HUNDRED FORTY SIX AND NO/100 ----- Dollars ($ 299,746.00---- ) 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 18TH day of SEPTEMBER 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. AS TO K. bENHALTER, CITY NOTE: Please Attach Acknowledgement and Power of Attorney PRINCIPAL SAN JII VE LLC (NOTARIZATION AND SEAL) SURETY N ICO CASUALTY COMPANY V � n J IE M. kATTERA, ATTORNEY IN PACT 1 (NOTARIZATION AND SEAL) 2 of 2 County of i . -,,o / On ' ✓ x`77 before me, ids Lt �%�L'�Z�J. (3 til/ l%��Q Date Name an1111,1 officer (e.g.. Jane Doo, Nota ubk I personally appeared 5. L'!�✓//i/%I��i�7/y/ Gow+CELESTE UnIETON COM91L � 1W6v71 4A oWMcW" Notary1v comm bpk AIIG 14.1994 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS y hand and officio eal. -n ueo oto ub¢ 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 651ree+ 'IM r/Dv✓e ✓`t n Title or Type of Document: i/iY//til/(li7 LL//J%f)1,d/-P1 ///G%/Z/�/� �1 Document Date: �1 /�✓ f0���� Number of Pages: 1-12 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer --(s,,)// -- Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Cotn's�eyvator `- Other: Jul fTL� Top of thumb here /I /7 Signer Is Representing: F rlQ ue u.Lo_,� Signer's Name: In Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER C 19% National Notary Association • 6238 Remmet Ave., P.O. Box 7164 • Canoga Perk, CA 91309-7184 Pnxl. No. 5907 RaoMer: Call Toll -Free 1-800-8]6-682] CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On SEPTEMBER 18, 1997 before me, DORIS BOYAJIAN, NOTARY PUBLIC DATE NAME, MU OF OFFICER • ECL -JANE D0Qf440TARYZj8LjC- personally appeared JULIE M. MATTERA NAMES) OF SKINENS) ® personally known to me - OR to=me tistacto to be the person(s) whose name(s)_ is/are subscribed to the within instrument and ac- knowledged to me that he(she/they executed the same in his/her/their authorized 4. capacity(jes-, and that by his#iq#their signatures) on the instrument the person*, or the entity upon behalf of which the pe rson_(sy acted, executed the instrument. WITNESS my hand and official seal. conyrodDnci mSt r O-crJe cou* - /.��-u-�'r--R- >: '5' 7�.�..- ';C0TYn.E)Q1YwAn23.XW Slel" OF AAY OPTIONAL Though the data below is not required by law, it may prove valuable to persons refying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TrIP(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL C ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) ULICO CASUALTY COMPANY DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE C1993 NATIONAL NOTARY ASSOCIATION - 9236 Remm Ave- P.O. Box 7184 - Canoga Park. CA 91309-715, ULICO CASUALTY COMPANY III Massachusetts Avenue, N.W. Washington, DC 20001 048 ■ ■ ■ ■ POWER OFATTORNEY Know All Men By These Presents. That Ulico Casualty Company, A Delaware Corporation, having its principal office in Washington, DC, pursuant to the following resolution, adopted by the Board of Directors of the Corporation effective on the 28th day of January, 1993: RESOLVED: "That the Chairman and Chief Executive Officer be, and hereby is, authorized to execute Powers -of -Attorney, qualifying the attorney named in the Powers -of -Attorney to execute on behalf of the Corporation contract bonds and other related surety bonds, and to attach thereto the corporate seal of the Corporation, in the transaction of its surety business." RESOLVED: "That the signatures and attestations of such officers and the seal of the Corporation may be affixed to any such Powerof-Attorney or to any certificate relating thereto by facsimile, and any such Powerof-Attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding upon the Corporation when so affixed with respect to any contract bond or other related surety bond to which it is attached." 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: Philip E. Vega and Julie M. Mattera, of Sullivan & Curtis Insurance Brokers, of Irvine, 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: Contract bonds and other related surety bonds: IN AN AMOUNT NOT TO EXCEED THREE MILLION ($3,000,000.00) DOLLARS; to bind Ulico Casualty Company thereby as fully and to the same extent as if such bond was signed by the duly authorized officers of Ulico Casualty Company, and all the acts of said Attorney(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. In Witness Whereof, Ulico Casualty Company of Dover, Delaware, has caused this Power of Attorney to be signed by its Chairman and Chief Executive Officer and its Corporate seal to be affixed this 15th day of February, 1997. This Power of Attorney is void unless the seal is readable, the text is in black inky the signatures are in black ink this notice is in red inky and if attached to a document executed subsequent to January 1, 1999. Ulico Casualty CO District of Columbia ss:° SEAL e� J% j 7?ql Robert A. Georgine, Chairman andC e Executive Officer \° nw On this 15th day of February, 1997, before the subscriber, a Notary Public of the District of Columbia, duly commissioned and qualified, came Robert A. Georgine of Ulico Casualty Company to me personally known to be the individual and officer described therein, 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 officer were 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. In Testimony Whereof, I have hereunto set my hand, and affixed my official seal at Washington, DC the day and year above written. sn . NOTgRy9 By: / e RUBLIC l� UniCl�LN Agar y nc CERTIFICATIOAM^mc" DKA March 31, 2001 1, Joseph A. Carabillo, Assistant Secretary of Ulico Casualty Company of Dover, Delaware, do hereby certify that the foregoing Resolution 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. y. In Witness Whereof, I have hereunto set my hand and affixed the seal of the corporation this I day of 199. ago°,� I 10/ 1 °a1 By: SEAL losep .Carob o, Assistant Secretary 9 :- UCB•102-POAI (09/94) J *EXECUTED IN TRIPLICATE* BOND NO. B97014061 PREMIUM: $3,597.00 SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE . 66499.1) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and SAN JUAN ENCLAVE 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 SEPTEMBER 18 t9 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; STREET IMPROVEMENTS - TRACT 14379 NOW, THEREFORE, we, the Principal and ULICO CASUALTY COMPANY as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of TWO HUNDRED NINETY NINE THOUSAND SEVEN HUNDRED FORTY SIX AND NO/100------- Dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and •void; otherwise it shall remain in full force and effect. Surety waives any rights, :f 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, ail to be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder. Executed this 18TH day of SEPTEMBER 19 97 at IRVINE California. PRINCIPAL SAN JU VE LLC (NOTARIZATION AND SEAL) APPROVED AS TO FORA: CITY ATTORNEY Page 2 - Subdivision Performance Bond SURETY IC CASUAL7 COMPANY � n JUL E S. MA BA, ATTORNEY IN FACT (NO ARIZATION AND SEAL) State of County of /l �p On /%i �l� % �� before me, personally appeared TIM ,personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the CELESTE UMETON within instrument and acknowledged to me that he/she/they �p r 1,� 10Syp7� executed the same in his/her/their authorized capacity(ies), Na and that by his/her/their signature(s) on the instrument the ORANGE COUNTY t�V Comm, EKpr«AUG 14.1996 I Person(s), or the entity upon behalf of which the person(s) yl acted, executed the instrument. WITNESS my hand and off icia eal. y ig eture of Notary Public :E 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 (-5t /y -tee% k MIP d ✓e l k,0 -V1 js) Title or Type of Document: Document Date: 9 Z Number of Pages: oZ . Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: &40INLt� Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Attorney -in -Fact ❑ Trustee ❑ Trustee ❑ Guardian orrvator ❑ Guardian or Conservator ffiffifflM Y Other: Lidj= Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: /' 1 r ®1996 National Notary Association •6236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91308-7186 Prod. No. 5907 Reorder. Call Toll -Free 1-600-676-6627 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIPORNIA County of ORANGE on SEPTEMBER 18, 1997 before me, DORIS BOYAJIAN, NOTARY PUBLIC DATE NAAE• TITLE OF OFFICER • EG, 'JANE 0M t40TARYjU6LV personally appeared JULIE M. MATTERA NAMES) OF SIGNO" NaA ® personally known to me - Oft--�preved time tisfactoremde_ to be the person(s) whose name(s} -Is/are subscribed to the within instrument and ac- knowledged to me that he(she/they executed the same in his/herltheir auth rized , i capacity(iea); 4 and that by his their signatures) on the instrument the personal, or the entity upon behalf of which the person_.s3'acted, executed the instrument. 3OW,AXM WITNESS my hand and official seal. corm,+mw,anoz>� -s ., Notay able—Cotfallo ; . TURF OF OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL X' ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING. NAME OF PERSON(S) OR ENTT Y(IES) ULICO CASUALTY COMPANY DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE C1993 NATIONAL NOTARY ASSOCIATION' 8236 Rem Ave.. P.O. Box 71 SA. Canoga Pah. CA 9 1309- 7184 o Sullivan&Curtis October 29, 1997 City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675-2675 Re: San Juan Enclave LLC 0 Posk Management Insurance Brokerage 2100 MAIN STREET IRVINE, CALIFORNIA 92614 TELEPHONE (714) 250.7172 FACSIMILE (714) 95MM CA LICENSE NO. 0721197 Irvine • Pemdene H..Iulu • Seanle Bond No. B97-014062 - Subdivision Faithful Performance Bond & Labor and Material Bond Tract No. 14379 - Alternate Entry Enclosed for filing on behalf of our client, San Juan Enclave LLC, is a rider to the above captioned bond changing the bond number. The new bond number is B97-114062. Thank you and if you should have any questions regarding the enclosed please feel free to contact our office. Sincerely, l Mary J4 Stelzer Bond Account Manager 714 852-4814 cc: Charles Galaway, San Juan Enclave LLC BOND NO. B97014062 PREMIUM: $586.00 *EXECUTED IN SUBDIVISION FAITHFUL PERFORMANCE BOND TRIPLICATE* (GOVERNMENT CODE . 66499.0 WHEREAS, the City Council of the City of San Juan Capistrano, State �)f California, and SAN JUAN ENCLAVE LLC (hereafter designated as "Principal"), have entered into a Subdivision Agreement wherebv Principal agrees to install and complete certain designated public improvements, which said .Agreement dated SEPTEMBER 18 , 1997 and made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, furnish a bond for the faithful performance of said Agreement; ALTERNATE ENTRY - TRACT 14379 NOW, THEREFORE, we, the Principal and ULICo CASUALTY COMPANY as Surety, are held firmly bound unto the City of San Juan CaHpistr�tio (hereafter called "Obligee"), in the sum of FORTY EIGHT THOUSAND EIGHT UNDEED FIFTY SIX AND NO/100--------------------- Dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be nul: and void; otherwise it shall remain in full force and effect. Surety waives any rights, :f there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: L. As a part of the obligation secured hereby, and in addition to the 'ace 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, to be taxed as costs and included in any judgment rendered. r 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 IRVINE APPROVED AS TO FORM: CITY ATTORNEY 18TH day of SEPTE4BER Page 2 - Subdivision Performance Bond California. PRINCIPAL SAN 7JILAVE LLC (NOTARIZATION AND SEAL) 'M;,CASUALTY CCHPANY jJIE K. TTERA, AITORNE' (NCITARIZATION AND SEAL) IN FACT State of &h &.7lt,52,— County of 61n ria ems/// 7 on OfE�?��l� %`l /before me, Date personally appeared �i?!1 S• C L�i1i personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they CELESLITTLETON l "' ' COMM7#110351774 TON L executed the same in his/her/their authorized capacity(ies), ., Notory PLbNc — Colifomla and that by his/her/their signature(s) on the instrument the Ao ORANGE COUNTY person(s), or the entity upon behalf of which the person(s) My Comm. Ezpkm AUG 14.1999 acted, executed the instrument. WITNESS my hand and official seal. Signature of NddFy Flublic 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 (al WV 11q 1-/- e✓lhry Title or Type of Document: t:�1/ i IIi5/ / Document Date: -mv�fl el /0, 9Z Number of Pages: . Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 1 r7M 5, Azaa1)3 ax ■ M Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Cons rvator Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 1996 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 ReoNer: Call Toll -Free 1-Bo0-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT N...n., State of CALIFORNIA County of oRANGa On SEPTEMBER 18, 1997 before me, DORIS BOYAJIAN, _ NOTARY PUBLIC DATE NAME Tm.E OF OF:CER-EG.'JANE D0IE VOTARYPUel10' personally appeared JULIE M. MATTERA LANAE($) OF S(DrENS) ® personally known to me - OF;}--B1proved-to -me tisfactorye _ to be the person(s) whose name(s)is/are subscribed to the within instrument and ac- knowledged to me that he(shehhey executed the same in his/her/their auth ized 4--� capacity(ies); and that by his e_r/their signature(s)-on the instrument the person*, or the entity upon behalf of which the personlsyacted, executed the instrument. WITNESS my hand and official seal. CDnlrntRlDn 111027li7 jun 23.2MD NotaryRlbic—�Dlnb SIGNATURE OF Dy Y OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL xl ATTORNEYdN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENmY(1ES) ULICO CASUALTY coWANY DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE C1993 NATIONAL NOTARY ASSOCIATION • 11236 RemmeN Ave.. P.O. Box 7184 • Canoga Park. CA 91309-71&4 Bond No.B97014062 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 SAN JUAN ENCLAVE 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 SEPTEMBER 18 1997__, and identified as Project ALTERNATE ENTRY - TRACT 14379 is.hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement; NOW, THEREFORE, we, the Principal and ULICO CASUALTY COHPANY . as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum Of FORTY EIGHT THOUSAND EIGHT HUNDRED FIFTY SIX AND no/100 -------------- Dollars - --------- - Dollars ($ 48,856.00------- ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that, if the above bound Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees Iof2 The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the 18TH day of SEPTEMBER , 1997 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. AS TO K. DENRALTER, CITY NOTE: Please Attach Acknowledgement and Power of Attorney 2 of 2 PRINCIPAL SAN JUAN EN LLC (NOTARIZATION AND SEAL) SURETY UL CO UA TY COMPANY J IE M. MATTERA, ATTORNEY IN FACT ( OTARIZATION AND SEAL) County of /rte ,,o L On °' l 1,W7 before me, l S Li �/�z°/LyX/ 3 lil l/A/Q- Data /p / Name and Title of Omkc (e.g., Jane Doe, Notz ubl o*) personally appeared 5 g414111—)g ?l� personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they _CELESTE LfriLETON executed. the same in his/her/their authorized capacity(ies), Nall COMB. • 1006974 and that by his/her/their signature(s) on the instrument the ow Nl to — OdOx tlaORANGE COUNTY person(s), or the entity upon behalf of which the persons) y Came►Aue 14.19% acted, executed the instrument. WITNESS my hand and official seal. Ck^Wnafure of 1,rotaryfil 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 6ww(AAt-- ev& T -/ac} y 3? �) Title or Type of Document: 7i/ jt/i3i%/J14 ZaAyd/2�MyE* kzy� Document Date: %Uf✓ i -1 -7 Number of Pages: 14Z Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:/ jol 5 & R Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact ❑ Trustee ❑ Guardian or ConseyvatorIffivem Other: �j f �7 Top of thumb here /7 Signer Is Representing: X14 a ,-IUqn Eunlaye- Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator Q Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER LN 01996 National Notary Association 1 8236 Rommel Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 ReorCeo Call Toll -Free 1-600-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On SEPTEMBER 18, 1997 before me, DORIS BOYAJIAN, NOTARY PUBLIC DATE NMF. TME OF OfRM - Ea. -JANE D0ELpTARYZAUC- personally appeared JULIE H. HATTERA NMI M or, SICNER S) ® personally known to me - OR --improved time trsfaet+sry�eace_ to be the person(s) whose name(syi-i/are subscribed to the within instrument an ac- knowledged to me that he(shelthey executed the same in hig/herltheir authorized capacity(ies), and that by hisChgVtheir signature(sr"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. DM IXNAM COmmclan #1 IMM r.' ' Norm�rv�c—CatitalMa l7`�' �--u -+�— . r.r" r�'OtY�e CourVy 9MATURE4F VfARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TMZM ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL C ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IESI ULICO CASUALTY COWANY DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE C1993 NATIONAL NOTARY ASSOCIATION . 8236 Rem l Ave.. P.O. 9o. 7184 - Canoga Park. CA 91309-7184 ULICO CASUALTY COMPANY 111 Massachusetts Avenue, N.W. Washington, DC 20001 047 ■ ■ ■ ■ POWER OF ATTORNEY Know All Men ay These Presents: That Ulico Casualty Company, A Delaware Corporation, having its principal once in Washington, DC, pursuant to the following resolution, adopted by the Board of Directors of the Corporation effective on the 28th day ofJanuary, 1993: RESOLVED: "That the Chairman and Chief Executive Officer be, and hereby is, authorized to execute Powersof-Attorney, qualifying the attorney named in the Powersof-Attorney to execute on behalf of the Corporation contract bonds and other related surety bonds, and to attach thereto the corporate seal of the Corporation, in the transaction of its surety business." RESOLVED: "That the signatures and attestations of such officers and the seal of the Corporation may be affixed to any such Powerof-Attorney or to any certificate relating thereto by facsimile, and any such Powerof-Attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding upon the Corporation when so affixed with respect to any contract bond or other related surety bond to which it is attached." 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: Philip E. Vega and Julie M. Mattera, of Sullivan & Curtis Insurance Brokers, of Irvine, 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: Contract bonds and other related surety bonds: IN AN AMOUNT NOT TO EXCEED THREE MILLION ($3,000,000.00) DOLLARS, to bind Ulico Casualty Company thereby as fully and to the same extent as if such bond was signed by the duly authorized officers of Ulico Casualty Company, and all the acts of said Attorney(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. In Witness Whereof, Ulico Casualty Company of Dover, Delaware, has caused this Power of Attorney to be signed by its Chairman and Chief Executive Officer and its Corporate seal to be affixed this 15th day of February, 1997. This Power of Attorney is void unless the seal is readable, the text is in black inky the signatures are in black inky this notice is in red inky and if attached to a document executed subsequent to January 1, 1999. L/fico Ca It, CO District of Columbia ss: !�� SEALS I� °r,'�;,°, Robert A. Georgine, Chairman and C e Executive Officer On this 15th day of February, 1997, before the subscriber, a Notary Public of the District of Columbia, duly commissioned and qualified, came Robert A. Georgine of Ulico Casualty Company to me personally known to be the individual and officer described therein, 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 axed to the preceding instrument is the Corporate Seal of the Company, and the Corporate Seal and signature as an officer were 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. In Testimony Whereof, I have hereunto set my hand, and affixed my official seal at Washington, DC the day and year above written. Q By.i�. r�;��� �� (■pp, VNu�bl Vr�l��� CERTIFICATIOAM Cmnmisskn �af°� March 31, 2001 1, Joseph A. Carabillo, Assistant Secretary of Ulico Casualty Company of Dover, Delaware, do hereby certify that the foregoing Resolution 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. In WiWess Whereof, 1 have hereunto set my hand and affixed the seal of the corporation this day of - 199 �PYli i / T°9 1 A !flt l/ ;I SEAL ';-i By. losepl . Carab o, Assistant Secretary v � r UCB-102-POA] (09/94) is Sullivan(�CO"s October 29, 1997 City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675-2675 Re: San Juan Enclave LLC R,sk Management Inswence BiOkerage 2100 MAIN STREET IRVINE, CALIFORNIA 92610 TELEPHONE (714) 250•]1]2 FACSIMILE (714) 662-9762 CA LICENSE NO. 0721167 Irvine • Pasadena Honolulu • Seattle Bond No. B97-014063 - Subdivision Faithful Performance Bond & Labor and Material Bond Tract No. 14379 -Storm Drain Enclosed for filing on behalf of our client, San Juan Enclave LLC, is a rider to the above captioned bond changing the bond number. The new bond number is B97-114063. Thank you and if you should have any questions regarding the enclosed please feel free to contact our office. Sincerely, Mary Jo Stelzer Bond Account Manager 714 852-4814 cc: Charles Galaway, San Juan Enclave LLC It A _e BOND NO. B97014063 PREKIUK: $1,569.00 *EXECUTED IN SUBDIVISION FAITHFUL PERFORMANCE BOND TRIPLICATE* (GOVERNMENT CODE . 66499.1) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and _ _SAN JUAN ENCLAVE 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 SEPTEKBER 18 t9 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; STORK DRAIN - TRACT 14379 NOW, THEREFORE, we, the Principal and ULICO CASUALTY CO"ANY as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of ONE HUNDRED THIRTY THOUSAND NINE HUNDRED TEN AND NO/100 ----------------' Dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be nul! and void; otherwise it shall remain in full force and effect. Surety waives any rights, :f 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, ai, to be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder. 19 97 , at Executed this IRVINE APPROVED AS TO FORA: CITY ATTORNEY 18TH day of SEPT MER Page 2 - Subdivision Performance Bond California. SATiRJy15UWPH 1i C6LA C (NOTARIZATION AND SEAL) SURETY ICO CASUALTY COHPANY CIE ri. NATTERA, ATTORNEY IN FACT JTARIZATION AND SEAL) ALL-PURPOSE State of 9A // &Il�. County of Dne'l,a 2 On ri bell, ZY / before me, S. L" personally appeared Title of rd ,Personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they CELESTE LrrTLErON executed the same in his/her/their authorized capacity(ies), COnaat. ♦ 1oas974 and that by his/her/their signature(s) on the instrument the Notary PUNIC — CalfatNa ORANGE COUNTY person(s), or the entity upon behalf of which the person(s) AAy Comm. ExiNtes AUG 14. 1998 acted, executed the instrument. WITNESSWm h d and offici seal. gnat r of otary ublic 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 6 foaM o/(fal 1`437�/p Title or Type of Document: /iS/llLt /i7/%t/� �/� �'��f � Arf, - Document Date: G ig46el Z Number of Pages: . Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: I o dd 5. (roof LJ G Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): Partner — ❑ Limited i ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: 01996 National Notary Association • 9236 Rernmet Ave., P.O. Box ]164 • Caoope Park, CA 91309-7184 Prod. No. 5907 RIGHT THUMBPRINT OF SIGNER Reorder Call Toll -Free 1-800.8]6.682] CALIFORNIA ALUPURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of oRANc$ on SEPTEMBER 18, 1997 before me, DORIS BOYATIAN, NOTARY PUBLIC DATE NAM TITLE OF OFFICER - EO.'JANE DOE -f TARYPUSW personally appeared JULIE M. MATTERA NAW4M OF SIGNER(-) ® personally known to me - OR Hxoved- -me to be the person(s) whose name(sX 1-i/are subscribed to the within instrument and ac- knowledged to me that he&heAhey executed the same in his/her/their autWized 4- capacity-(iesj, and that by hiskh Vtheir signatures) on the instrument the person(s}, or the entity upon behalf of which the person(.syacted, executed the instrument. WITNESS my hand and official seal. DM BOYAAM ?-f• comm6alont11D276D ���^i�li Ntr.�AAAc—C01IDmla ` hrcnge county-•�,c-�- s� - `` - ":[l.Expkakn7&MW + twmpol OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER Tm.E(s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL C ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: --- SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENnTY(IES) ULICO CASUALTY CGWANY DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CI 993 NATIONAL NOTARY ASSOCIATION . a236 Remrrlet Awe- P.O. Box 7184 - Caooaa Park. CA 91309-7184 Bond NOB97014063 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 _SAN JUAN ENCLAVE 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 SEPTEMBER 18 1997 and identified as Project STORM DRAIN - TRACT 14379 is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement; NOW, THEREFORE, we, the Principal and ULICO CASUALTY 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 THIRTY THOUSAND NINE HUNDRED TEN AND N0/100 ---------- Dollars ($ 130,710.00 ---- ) 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 18TH day of SEPTEMBER 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. PRINCIPAL SAN JU LLC A P VEDAS TO F R (NOTARIZATION AND SEAL) �'RI 11ARD K. ENHALTER, CITY ATTORPIE URETY I CASIIALTY COMPANY IR M. MATTEEA, ATTORNEY IN FACT (IibTARIZATION AND SEAL) NOTE: Please Attach Acknowledgement and Power of Attorney 2 of 2 ACKNOWLEDGMENT County of &2,Y4/� On ' ✓ 1`l before me, _§ GI f� 3�''l�l/ ,1va- DateTitl � /� /Name antl e of Otficer (e.g., oe Jane D, Nota ublic") personally appeared / uw 5 CELESTE =0141a : _ COMM. i 1035974 Notary Public — CalifotNa - 4o ORANGE COUNTY MY Comm. Expires AUG 14. 1998 of Slgnena) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ASIgno oIary ublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent /mudulent remnva/ and reattachment of this form t0 another document Description of Attached Document Title or Type of Document: drdlh - fa /�3 J Document Date: �1°// /li!/fs� � Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: 1CLfGl 5 Aza J' ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conseyvator WMERM Other: ji[Inf ta2f Top of thumb here l Signer Is Representing: a jUan )51nla v2 Lt�e, Signer's Name: 011 Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 a 1996 National NotaryAssociation • 8236 Remmet Ave., P.O. Boz 7104 • Canoga Perk, CA 91309-7184 Prod. No. 5907 Fannie, Call Tril-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of cALIPORNIA County of oRANCR On SEPTEMBER 18, 1997 before me, DORIS BOYAJIAN, NOTARY PUBLIC DATE NAME rTLE OF OFROER. EG- -JANE DOE L40TARYZMjC- , personally appeared JULIE M. NATTERA NAAtE(Sl OF Sr.,WXSI ® personally known to me - OR— �-preve O -me tisfa i oa_ to be the person(s) whose name(sZli/are subscribed to the within instrument and ac- knowledged to me that hQ(she/4hey executed the same in his/her/their auth rized �. capacity(ies), and that by hisLh@Vtheir signature( on the instrument the person(s); or the entity upon behalf of which the persoRks,Yacted, executed the instrument. 46wh , WITNESS my hand and official seal. DOastiOVAAAN '-""o© CantysaUduM OF No OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this forth. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL C ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENT[TY(IES) ULICO CASUALTY COMPANY DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE C1993 NATIONAL NOTARY ASSOCIATION - 8236 Remm Ave.. P.O. Box 7184 - Canoaa Part. CA 91309.7184 ULICO CASUALTY COMPANY 111 Massachusetts Avenue, N.W. Washington, DC 20001 043 ■ ■ 0 ■ ■ POWER OFATTORNEY Know All Men By These Presents: That Ulico Casualty Company, A Delaware Corporation, having its principal office in Washington, DC, pursuant to the following resolution, adopted by the Board of Directors of the Corporation effective on the 28th day of January, 1993: RESOLVED: "That the Chairman and Chief Executive Officer be, and hereby is, authorized to execute Powersof-Attorney, qualifying the attorney named in the Powers-ofAttorney to execute on behalf of the Corporation contract bonds and other related surety bonds, and to attach thereto the corporate seal of the Corporation, in the transaction of its surety business." RESOLVED: "That the signatures and attestations of such officers and the seal of the Corporation may be affixed to any such Power -of -Attorney or to any certificate relating thereto by facsimile, and any such Powerof-Attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding upon the Corporation when so affixed with respect to any contract bond or other related surety bond to which it is attached." 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.. Philip E. Vega and Julie M. Mattera, of Sullivan & Curtis Insurance Brokers, of Irvine, 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: Contract bonds and other related surety bonds: IN AN AMOUNT NOT TO EXCEED THREE MILLION ($3,000,000.00) DOLLARS; to bind Ulico Casualty Company thereby as fully and to the same extent as if such bond was signed by the duly authorized officers of Ulico Casualty Company, and all the acts of said Attorney(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. In Witness Whereof, Ulico Casualty Company of Dover, Delaware, has caused this Power of Attorney to be signed by its Chairman and Chief Executive Officer and its Corporate seal to be affixed this 15th day of February, 1997. This Power of Attorney is void unless the seal is readable, the text is in black ink, the signatures are in black ink this notice is in red ink, and if attached to a document executed subsequent to January 1,, 1999. Ulico Casualty CC y r, 4 91 p� District of Columbia ss: '� SEAL .. Robert A. Ceorgine, Chairman and C e Executive Officer On this 15th day of February, 1997, before the subscriber, a Notary Public of the District of Columbia, duly commissioned and qualified, came Robert A. Georgine of Ulico Casualty Company to me personally known to be the individual and officer described therein, 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 officer were 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. In Testimony Whereof, 1 have hereunto set my hand, and affixed my official seal at Washington, DC the day and year above written. NOTARY By: _ o L'UBLIG [/ rs(,p v,�ror cowNOWY rwic, unrictOT usumuff CERTIFICATIO Ca�miaiorr Upires Mer¢h 31, ZM 1, Joseph A. Carabillo, Assistant Secretary of Ulico Casualty Company of Dover, Delaware, do hereby certify that the foregoing Resolution 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. /n Witness Whereof, I have hereuntq fet my hand and affixed the seal of the corporation thisat,, _ day of 199' 1 r enw i 1 By: SEAL Insepl . Carab o, Assistant Secretary UCB-102-POAI (09194) 0 Sullivan &Curtis I P OCT :!0 1 1'S J October 29, 1997 City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675-2675 Re: San Juan Enclave LLC Risk Management Insurance Brokerage 2100 MAIN STREET IRVINE, CALIFORNIA 92614 TELEPHONE (714) 260.7172 FACSIMILE (714) 6624762 CA LICENSE NO. 0721187 Irvin • Pa"dena Honolulu • S ftw Bond No. B97-014064 - Subdivision Faithful Performance Bond & Labor and Material Bond Tract No. 14379 - Sanitary Sewer Enclosed for filing on behalf of our client, San Juan Enclave LLC, is a rider to the above captioned bond changing the bond number. The new bond number is B97-114064. Thank you and if you should have any questions regarding the enclosed please feel free to contact our office. Sincerely, Mary Jo Stelzer Bond Account Manager 714 852-4814 cc: Charles Galaway, San Juan Enclave LLC ' a BOND NO. 897014064 PREMIUM: $953.00 *EXECUTED IN SUBDIVISION FAITHFUL PERFORMANCE BOND TRIPLICATE* (GOVERNMENT CODE . 66499.0 WHEREAS, the City Council of the City of San Juan Capistrano, State �)f California, and SAN JUAN ENCLAVE LLC (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements, whic`i said Agreement dated SEPTEMBER 18 1997 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; SANITARY SEWER - TRACT 14379 NOW, THEREFORE, we, the Principal and ULICO CASUALTY COMPANY as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of SEVENTY NINE THOUSAND FOUR HUNDRED FIFTY TWO AND NO/100------------- _ Dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall Se nul! and void; otherwise it shall remain in full force and effect. Surety waives any rights, :f 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, al: to be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder. 19 97 at Executed this IRVINE APPROVED AS TO FORA: CITY ATTORNEY 18TH day Of SEPTEMBER Page 2 - Subdivision Performance Bond California. PRINCIPAL SAN JU VE LLC (NOTARIZATION AND SEAL) SURETY ICO,CASUALTY COMPANY JUL E M. MAITERA, ATTORN&-IN FACT (NO ARIZATION AND SEAL) State of doh &17/Gti— County ofce/I-P7 On��`/n�vl� /I /%`T/beforeme,_ 1 Date personally appeared S. me personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they CELESTE UTILETON executed the same in his/her/their authorized capacity(ies), • _ Corkt►e. tW5974 and that by his/her/their signature(s) on the instrument the z :, W ...:.'• : Notary PWSc — CONfomla Z ' ORANGE COUNTY person(s), or the entity upon behalf of which the person(s) pAy Comm. ElggMrAUG 14.199E acted, executed the instrument. WITNESS my hand and official s I. -- uro of Lary uWk 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/�// s/�� ri&94�/,K57? Title or Type of Document: 61164,1 a/1�/�1�� Document Date: /Z /-&Z Number of Pages: . Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: -LOM 5 Li itl t� Signer's Name: EM i M, Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Cons rvator Other: Signer Is Representing: ■ Is Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 1998 National Notary Association • 8236 Remmet Ave., P.O. Box 7166 • Canoga Perk. CA 913 7164 Prod. No. 5907 ReoNec Call Toll -Free t-600-616-662] CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of oRANcs No. lain On SEPTEMBER 18, 1997 before me, DORIS BOYAJIAN, NOTARY PUBLIC DATE MAML ME OF OFRM - F ai UAW DOE -p AFMMI.V personally appeared JULIE M. MATTERA NAME(S) OF SIDNER(s) ® personally known to me - -WMe on-lhe' bW-ft=of--satsfactertevkjetme- to be the person(s) whose name(sxis/are subscribed to the within ins rument and ac- knowledged to me that _he(she/they executed the same in his/her/their aut!jQrized capacity(fesy, and that by his,(hLUtheir signatures) -on the instrument the persons) or the entity upon behalf of which the person _(s�yacted, executed the instrument. ''-ADOWWYA N WITNESS my hand and official seal. "\:�; `..i � ,,,t;an•.: n. ,M y1.200� /�-�-�-- SGNAfi 1%OF N*fA- OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this forth. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER rm_EM ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL C ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) ULICO CASUALTY COMPANY DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE C1993 NATIONAL NOTARY ASSOCIATION - 9236 FI m t Ave.. P.O. Box 7184 - Can Pam. CA 91 309-718 4 Bond NoB97014064 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 SAN JUAN ENCLAVE 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 SEPTEMBER 18 19 97 and identified as Project SANITARY SEWER - TRACT 14379 is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement; NOW, THEREFORE, we, the Principal and ULICO CASUALTY COMPANY as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of SEVENTY NINE THOUSAND FOUR HUNDRED FIFTY TWO AND N0/100 --------- Dollars ($ 79,452.00--- ) 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 specif ications. 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 18TH day of SEPTEMBER 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. AS TO K. DENHALTER, CITY NOTE: Please Attach Acknowledgement and Power of Attorney 2 of 2 PRINCIPAL SAN JU LLC (NOTARIZATION AND SEAL) Y M. MATTERA, ATTORNEY IN FACT ARIZATION AND SEAL) County of On,::jWj�G/iF✓ d 14 7 before me, ��L-$S�Zf f"f - h Il/ kh'l,d Date Name and Title of Officer (e.g., bane Doe, Nota ubl,c ) personally appeared �t �. L'U✓%i//i%��IC%f3% personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the CELESTE 11t1lETON within instrument and acknowledged to me that he/she/they UNTY 9MYCOMM. COMM. ♦ 1o3,,v » executed the same in his/her/their authorized capacity(ies), Noto�GicC couaouafficouaffic and that by his/her/their signature(s) on the instrument the E4*"AUG 14.1998 person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNES4mhand and officia al. t re of ryPublic 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 jZ/ /✓ SPl!/��' %/j�C% Title or Type of Document: "5J (/di5/(lYl LL!/J!/Y/!!!%% / 4-ylfC-/ Document Date: A&gzhK✓ 147 7 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or ConseFvator Other: /�/ hfy Top of thumb here �i7,/7 Signer Is Representing: Jha Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited 11 El El Q ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 019% National Notary Association •8236 Rammed Ave., P.O. Boz 7184 • Canoga Perk. CA 9130&]184 Prod. No. 5907 Reco: ar Call Toll -Free 1-800-8]6-682] CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of oRANGE On SEPTEMBER 18, 1997 DATE personally appeared before me, DORIS BOYAJIAN, NOTARY PUBLIC MME TME OF OFFICER • EG. 'JANE DOE bWARYZjftIC' JULIE M. MATTERA WNE(S) OF SIOlMS) -._. ® personally known to me - OR—BPreveKrto-me ftfacto _ to be the person(s) whose name(s);'is/are subscribed to the within instrument and ac- knowledged to me that he' h- a/they executed the same in his/her/their author�ized capacity(ies), andthatby hislhq#their signature(sron the instrument the persont }, or the entity upon behalf of which the person,(syacted, executed the instrument. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this forth. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER MUM ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL C ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTRY(IES) ULICO CASUALTY CCMPANY DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CI 993 NATIONAL NOTARY ASSOCIATION • 8236 Remme) Ave., P.O. Box 71 SA - Can Park. CA 91309-7184 WITNESS my hand and official seal. tx>als tiOYAMN ac4rtn,6+on#IIM70 Y r; I;r I NCt!ayPutft—cufania *'.cz gym. E>�1m IIetJun .M 29.1 n A BE TUOF #AApf OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this forth. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER MUM ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL C ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTRY(IES) ULICO CASUALTY CCMPANY DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CI 993 NATIONAL NOTARY ASSOCIATION • 8236 Remme) Ave., P.O. Box 71 SA - Can Park. CA 91309-7184 t ULICO CASUALTY COMPANY 111 Massachusetts Avenue, N.W. Washington, DC 20001 061 ■ ■ ■ ■ N POWER OFATTORNEY Know All Men By These Presents: That Ulico Casualty Company, A Delaware Corporation, having its principal office in Washington, DC, pursuant to the following resolution, adopted by the Board of Directors of the Corporation effective on the 28th day oflanuary, 1993: RESOLVED: "That the Chairman and Chief Executive Officer be, and hereby is, authorized to execute Powers -of Attorney, qualifying the attorney named in the Powersof-Attomey to execute on behalf of the Corporation contract bonds and other related surety bonds, and to attach thereto the corporate seal of the Corporation, in the transaction of its surety business." RESOLVED: "That the signatures and attestations of such officers and the seal of the Corporation may be affixed to any such Power -of -Attorney or to any certificate relating thereto by facsimile, and any such Powerof-Attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding upon the Corporation when so affixed with respect to any contract bond or other related surety bond to which it is attached." 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.. Philip E. Vega and Julie M. Mattera, of Sullivan & Curtis Insurance Brokers, of Irvine, 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: Contract bonds and other related surety bonds: IN AN AMOUNT NOT TO EXCEED THREE MILLION ($3,000,000.00) DOLLARS; to bind Ulico Casualty Company thereby as fully and to the same extent as if such bond was signed by the duly authorized officers of Ulico Casualty Company, and all the acts of said Attorney(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. In Witness Whereof, Ulico Casualty Company of Dover, Delaware, has caused this Power of Attorney to be signed by its Chairman and Chief Executive Officer and its Corporate seal to be affixed this 15th day of February, 1997. This Power of Attorney is void unless the seal is readable, the text is in black ink the signatures are in black inky this notice is in red inky and if attached to a document executed subsequent to January 1, 1999. UlICO Casualty 7R, District of Columbia ss:,�� SEAL ;CeorgChairman and C e Executive Officer On this 15th day of February, 1997, before the subscriber, a Notary Public of the District of Columbia, duly commissioned and qualified, came Robert A. Ceorgine of Ulico Casualty Company to me personally known to be the individual and officer described therein, 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 officer were 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. In Testimony Whereof, I have hereunto set my hand, and affixed my official seal at Washington, DC the day and year above written. v / NOTARY By: P III PUBLIC m`' ����1Los �9'cror cow `'. FVWr O�IIMM CERTIFICATIO � Fi�T� Much 31, M I, Joseph A. Carabillo, Assistant Secretary of Ulico Casualty Company of Dover, Delaware, do hereby certify that the foregoing Resolution 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. In W'�ness yhereof, I have hereunto set my hand and affixed the seal of the corporation this day of t 199. SEAL 'Z By. '. �?� /osep/ . Carab o, Assistant Secretary UCB-102-POAI (09/94) ULICO CASUALTY COMPANY RIDER To be attached to and form a part of Type of Bond: Performance and Payment Bond Bond No: B97-014066 executed by: Julie M. Matters as Attorney -In -Fact of ULICO CASUALTY COMPANY, as Surety. In favor of- City of San Juan Capistrano (OBLIGEE) and dated September 18, 1997 In consideration of the premium charged for the attached bond, it is hereby agreed to change: From: B97-014066 To: B97-114066 The attached bond shall be subject to all its agreements, limitations and conditions except as herein expressly modified. This rider is effective October 2. 1997 Signed and Sealed October 2. 1997 Principal: San Juan Enclave LLC f:YA 901 5195 ULICO CASUALTY COMPANY rung 1. Munwe wrorney-in-r=% BOND NO. B97014066 *EXECUTED IN SUBDIVISION FAITHFUL PERFORMANCE BOND PREMIUM: $1,403.00 TRIPLICATE* (GOVERNMENT CODE . 66499.1) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and SAN JUAN ENCLAVE 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 c PTEMBRR 18 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; LANDSCAPING NOW, THEREFORE, we, the Principal and ULICO CASUALTY COMPANY , as Surety, are held firmly bound unto the City of San Juan Capistrano ((}}��ereeofte� rrzzlIlI dd "Qbli,gae' in the sum of ONE HUNDRED SIXTEEN TROUSAND NINE R@il)RED AND NO(igQ--- 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 Principai 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, :f 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, ail to be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder. Executed this 18TH day of 19__97 , at IRVINE APPROVED AS TO FORA: CITY ATTORNEY Page 2 - Subdivision Performance Bond SEPTEMBER California. PRINCIPAL SAN WENLLC (NOTARIZATION AND SEAL) TY JULI M. MATTERA, ATTORNEY IN FACT (NO RIZATION AND SEAL) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of &1i y/Gti_ County of 6njwa-eq On � Ni MI / 7 before me, I Date personally appeared CELESTE URLETON i COMM, ;1035974 Wally PLb1c - Calif«Na ORANGE COUNTY MV COMM E111 im AUG 14.1991 ,personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official s `. G Si ne of NotaPu is 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 Attach Title or Type of Document: Document Date: /Z r 9�, Z Number of Pages: .12- . Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: I 2M 5, �t/ r(IYIGiT_ M, Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Cons rvator Other: Signer Is Representing: Signer's Name: ■ Fill - i Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 199 ®1996 National Notary Association • 6236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7164 Prod. No. 5907 Raor6e[ Call Toll -Free 1-600-676-6627 CALIFORNIA AL4PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of oRANCE On SEPTEMBER 18, 1997 before me, DORIS BOYAJIAN, NOTARY PUBLIC DATE NAME TITLE OF OFFIOM- ECL, -JAM D0tj40TAFrfZXCjT personally appeared JULIE M. MATTERA Nn..em NAME(S)OF SG.%I cst ® personally known to me - OR —�-proved to=ma on th�tsasis of satisft�cto�. to be the person(s) whose name(s) stare subscribed to the within instrument and ac- knowledged to me that h�she/Ihey executed the same in hisr/their auth9rized capacity(ies-) and that by hisLfiotheir signature(sy-bn the instrument the person*, or the entity upon behalf of which the personJ,syacted, executed the instrument. T. WITNESS my hand and official seal. yr AC AMN PCdPa�D ..1. t%!N20.11I123.200D ' 06TAMMY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL C ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTrTY(IES) ULICO CASUALTY COMPANY DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE C1993 NATIONAL NOTARY ASSOCIATION - 8236 Rem t Ave.. P.O. 90. 7184 - Cana Park, CA 91309.7184 Bond No.B97014066 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 SAN JUAN ENCLAVE 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 SEPTEMBER 18 19 97 and identified as Project LANDSCAPING - TRACT 14379 is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement; NOW, THEREFORE, we, the Principal and uLico CASUALTY 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 SIXTEEN THOUSAND NINE HUNDRED AND NO/100-------------------- Dollars ($ 116,900.00---- ) 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 18TH day of SEPTEMBER , 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. AS TO K. DENHALTER, CITY NOTE: Please Attach Acknowledgement and Power of Attorney PRINCIPAL SAN JII VE LLC (NOTARIZATION AND SEAL) SURETY IC CASUALTY COMPANY J IE M. MATTERA, ATTORNEY IN FACT \ (NOTARIZATION AND SEAL) 2 of 2 ACKNOWLEDGMENT State of County of Irk -f " On " ✓ 14 before Date Name and Title of Officer (e.g., J%ane Doe, Note ubk") personally appeared ame(s) of Signers) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), .. CELESTE UTTLETON and that by his/her/their signature(s) on the instrument the RhBc �-c — ColiorrJa 1 74 ry Nofoperson(s), or the entity upon behalf of which the person(s) =y;.. ORANGE COUNTY acted, executed the instrument. My COMM E111063 AUG 14.19% WITNESS my hand and official sea sig,r of No ry blit 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://>Gs-` / Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: IL�f� S / •il✓1�9i ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conse3vator Other: j�j%PLa Top of thumb here Signer Is Representing: A, a r�Uq�� Carla ue U.� Signer's Name: Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator ❑ Other: Signer Is Representing: ®1996 National Notary Association •6236 Remmet Ave., P O. Box 7184 • Canoga Park, CA 91308-7184 Prod. No. 5907 Reorder Call Toll -Free 1-800-896-682] CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of cALIFORNIA County of ORANGE On SEPTEMBER 18, 1997 DATE personally appeared before me, DORIS BOYAJIAN, NOTARY PUBLIC NAME TnIE OF OFFICER - EQ'JANE OOEHOTARYP()BIAC' JULIE M. NATTERA NAM MOF Sr.NER(5) - ® personally known to me - OR improved to me -sit_ to be the person(s) whose name(s)•is/are subscribed to the within instrument and ac- knowledged to me that he(shefthey executed the same in his/her/their auth razed capacity(le-; and that by his gtheir signature(Won the instrument the person(,sy, or the entity upon behalf of which the personlsyacted, executed the instrument. DM ovAWITNESS my hand and official seal. t��, _ �elw,f m Ezf>lnee Jun 23,2=■ �-G SKiNATUR59F. ARr OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL C ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUAROIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTrrY(IES) ULICO CASUALTY COMPANY DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE C1993 NATIONAL NOTARY ASSOCIATION - 8236 Remm Ave- P.O. Boz 7184 - Can Park. CA 91309-7164 ULICO CASUALTY COMPANY 111 Massachusetts Avenue, N.W. Washington, DC 20001 056 ■ ■ ■ ■ POWER OF ATTORNEY Know All Men By These Presents: That Ulico Casualty Company, A Delaware Corporation, having its principal office in Washington, DC, pursuant to the following resolution, adopted by the Board of Directors of the Corporation effective on the 28th day of January, 1993: RESOLVED: "That the Chairman and Chief Executive Officer be, and hereby is, authorized to execute Powers -of -Attorney, qualifying the attorney named in the Powersof-Attorney to execute on behalf of the Corporation contract bonds and other related surety bonds, and to attach thereto the corporate seal of the Corporation, in the transaction of its surety business." RESOLVED: "That the signatures and attestations of such officers and the seal of the Corporation may be affixed to any such Powerof-Attorney or to any certificate relating thereto by facsimile, and any such Powerof-Attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding upon the Corporation when so affixed with respect to any contract bond or other related surety bond to which it is attached." 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: Philip E. Vega and Julie M. Mattera, of Sullivan & Curtis Insurance Brokers, of Irvine, 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: Contract bonds and other related surety bonds: IN AN AMOUNT NOT TO EXCEED THREE MILLION ($3,000,000.00) DOLLARS, to bind Ulico Casualty Company thereby as fully and to the same extent as if such bond was signed by the duly authorized officers of Ulico Casualty Company, and all the acts of said Attorney(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. In Witness Whereof, Ulico Casualty Company of Dover, Delaware, has caused this Power of Attorney to be signed by its Chairman and Chief Executive Officer and its Corporate seal to be affixed this 15th day of February, 1997. This Power of Attorney is void unless the seal is readable, the text is in black inky the signatures are in black inky this notice is in red inky and if attached to a document executed subsequent to January 1, 1999. Ulico Casualty - C�9 45 ^ rYC W /p� l District of Columbia ss: �� SEAL ��� �� i;w,•%� Robert A. Georgina, Chairman andC a Executive Officer On this 15th day of February, 1997, before the subscriber, a Notary Public of the District of Columbia, duly commissioned and qualified, came Robert A. Ceorgine of Ulico Casualty Company to me personally known to be the individual and officer described therein, 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 officer were 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. In Testimony Whereof, 1 have hereunto set my hand, and affixed my official seal at Washington, DC the day and year above written. (1,U'111B By: � P blicr71iG — ZPIs6ic — CERTIFICAT10 Cahmissbn F1Vira March 31,2M 1, Joseph A. Carabillo, Assistant Secretary of Ulico Casualty Company of Dover, Delaware, do hereby certify that the foregoing Resolution 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. In L�fitness W�6•ereof, I have hereunto set my hand and affixed the seal of the corporation this J iit day of -z'VVYILt� 199. 4 1. SEAL By: /oseppJl . Carab o, Assistant Secretary UCB-102-POAI (09/94) 0 --Sullivan&Curtis October 29, 1997 City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675-2675 Re: San Juan Enclave LLC Bond No. B97-014067 - Subdivision Performance Bond Tract No. 14379 -Subdivision Monuments Enclosed for filing on behalf of our client, San Juan Enclave LLC, is a rider to the above captioned bond changing the bond number. The new bond number is B97-114067. Risk Management tnswance B7ekerage 2100 MAIN STREET IRVINE, CALIFORNIA 92814 TELEPHONE (714) 2W71n FACSIMILE (714) 852-9]82 CA LICENSE NO. 0721187 Irvine • Pasadena Honolulu • Seattle Thank you and if you should have any questions regarding the enclosed please feel free to contact our office. Sincerely, Mary Jo Stelzer Bond Account Manager 714 852-4814 cc: Charles Galaway, San Juan Enclave LLC N 04 CONTRACT BOND — CALIFORNIA FAITHFUL PERFORMANCE — PUBLIC WORK EXECUTED IN TRIPLICATE Bond No. B97014067 Initialremium charged for this bond :s $ 158AO subject to adjust- ment upon completion of contract at appli- cable rate on final contract price. KNOW ALL !AEN BY THESE PRESENTS, that SAN JUAN ENCLAVE Lff MISSION VIEJO, as Principal, and the ULICO CASUALTY COMPANY a corporation organized and existing under the laws of CALIFORNIA DELAWARE and authorized to transact surety business in the State of California, as Surety, are herd and firmly bound unto the City of San Juan Capistrano, in the sum of THIRTEEN THOUSAND TWO HUNDRED AND NO/100--------- 13,200.00--------- Dollars ($ ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION 15 SUCH, that WHEREAS, the above -bounded Principal has entered into a Contract dated SEPTEMBER 18 , 19 97 , with the City of San Juan Capistrano to do and perform the following work, to wit: Subdivision Monumentsfor TRACT 14379 NOW, THEREFORE, if the above -bounded Principal shall faithfully perform ail the provisions of said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 18TH APPROVED AS TO FORM: day of SEPTEMBER 19 97 SAN JUAN ENCLAVE LLC Principal ey ICO CASUALTY COMPANY City Attorney J I , ATTORNEY IN FACT NOTE: Acknowledgements of execution of Principal and Surety must be attached. State of County of 1211,71w�n On ? `1 // before me p/% YA h1 opy Date Name antl Title of Officer (e.g.,'Ane Doe, Notary personally appeared CELESTE U:ETON j ,QPWW C&W #1035974 S _ [ Notary Pubso — CaliforniaORANGE COUNTY Cornm. Eaplrm AUG 14. 1970 ) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my h nd and official seal. 4 Signa ry bllo 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 b/y�Signer(s) Signer's Name: 1 ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ether; /1, 041.14 Top of thumb here IfZ Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): Partner — ❑ Limited Attorney -in -Fact ❑ General ❑ Trustee ❑ Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 01996 National Notary Association • 8238 Remmet Ave.. P.O. Boz 7180 • Canoga Paw, CA 9139-7180 Prod. No. 5907 Reorder Cell Toll -Free 1-800-6]6-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of oRANGE On SEPTEMBER 18, 1997 before me, DORIS BOYAJIAN, NOTARY PUBLIC DATE NAME TmE OF OFFICER. EQ -JANE DOF_j/OTARYZMJC personally appeared JULIE M. MATTERA wwE(S) OF SIGHEA(s) ® personally known to me - OR--Eh"ved-to me- tisfacWry-e�_ to be the person(s) whose name(s) Ware subscribed to the within instrument and ac- knowledged to me that helshe/they executed the same in his4fh�erltheir auth rized capacity(les , and that by his their signature(sj on the instrument the person(.); or the entity upon behalf of which the person�syacted, executed the instrument. DMW,AMN WITNESS my hand and official seal. } Comn*eWnsilM769 �`' .?"• r:^•-.ry Pubic—Cafanq^rd EeeJun�2aoo/may L4 �5 TURE OF OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TrnEls ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL C ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONIS) OR ENTTTV(1ES) ULICO CASUALTY COMPANY DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 07993 NATIONAL NOTARY ASSOCIATION - 8236 Rammer Ave.. P.O. Box 7164 - Canoca Pah. CA 91309.7184 ULICO CASUALTY COMPANY III Massachusetts Avenue, N.W. Washington, DC 20001 057 11 11■ ■ 11 POWER OF ATTORNEY Know All Men By These Presents: That Ulico Casualty Company, A Delaware Corporation, having its principal office in Washington, DC, pursuant to the following resolution, adopted by the Board of Directors of the Corporation effective on the 28th day of/anuary, 1993: RESOLVED: "That the Chairman and Chief Executive Officer be, and hereby is, authorized to execute Powersof-Attorney, qualifying the attorney named in the Powersof-Attorney to execute on behalf of the Corporation contract bonds and other related surety bonds, and to attach thereto the corporate seal of the Corporation, in the transaction of its surety business." RESOLVED: "That the signatures and attestations of such officers and the seal of the Corporation may be affixed to any such Powerof-Attorney or to any certificate relating thereto by facsimile, and any such Power-ofAttorneyor certificate bearing such facsimile signatures and facsimile seal shall be valid and binding upon the Corporation when so affixed with respect to any contract bond or other related surety bond to which it is attached." 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: Philip E. Vega and Julie M. Mattera, of Sullivan & Curtis Insurance Brokers, of Irvine, 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: Contract bonds and other related surety bonds: IN AN AMOUNT NOT TO EXCEED THREE MILLION ($3,000,000.00) DOLLARS, to bind Ulico Casualty Company thereby as fully and to the same extent as if such bond was signed by the duly authorized officers of Ulico Casualty Company, and all the acts of said Attorney(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. In Witness Whereof, Ulico Casualty Company of Dover, Delaware, has caused this Power of Attorney to be signed by its Chairman and Chief Executive Officer and its Corporate seal to be affixed this 15th day of February, 1997. This Power of Attorney is void unless the seal is readable, the text is in black inky the signatures are in black inky this notice is in red inky and if attached to a document executed subsequent to January 1, 1999. Mico CdSUdIty CO /1 o� District of Columbia ss(SEALI/ '� RobertA. Georgine, Chairman and C e Executive Officer On this 15th day of February, 1997, before the subscriber, a Notary Public of the District of Columbia, duly commissioned and qualified, came Robert A. Georgine of Ulico Casualty Company to me personally known to be the individual and officer described therein, 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 officer were 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. In Testimony Whereof, 1 have hereunto set my hand, and affixed my official seal at Washington, DC the day and year above written. NOTARY9 By: (;� yy� Usti a is nttt PUBLIC (/ sl�cr or co`� w/ CERTIFICATIOAM �m�a Ex�aa March 31.20H I, Joseph A. Carabillo, Assistant Secretary of Ulico Casualty Company of Dover, Delaware, do hereby certify that the foregoing Resolution 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. Initness Whereof, I have hereunto,£et my hand and affixed the seal of the corporation this t day of 199 .-�1 . _. tLvt�4s . �I VSEAL >I By: %.If ,l Josepl' . Carab o, Assistant Secretary , UCB-102-POAI (09/94) TRACT NO. 14319 KNOW ALL MEN BY THESE PRESENTS: That we, SAN JUAN ENCLAVE LLC BOND NO. B97014065 PREMIUM: $2,241.00 as Principal, and Corporation, created, organized, and existing and by virtue of the laws of the State of DELAWARE , duly licensed to transact a general surety business in the State of California, as surety, are held and firmly bound to the CAPISTRANO VALLEY WATER DISTRICT, State of California, in the sum of $186,714.00 --- DOLLARS, lawful money of the United States of America, to be paid to the said District for which payment well and truly to be made we bind ourselves, our heirs, executors and successors, jointly and severally. THE CONDITION OF THE FOREGOING OBLIGATION is such that whereas the above bounden Principal has agreed to do and perform the following, to -wit: Construct and install all of the water facilities pursuant to Agreement for Construction of Water Facilities entered into on sEPTE!ffiER 18 , 199 7 by and between CAPISTRANO VALLEY WATER DISTRICT, and SAN JUAN ENCLAVE LLC , a copy of which is attached hereto and made a part hereof. 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 Capistrano Valley Water District 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 1 contract documents or of work to be performed thereunder. NOW, THEREFORE, the condition of this obligation is such that if the bounden Principal shall, to the satisfaction of the CAPISTRANO VALLEY WATER DISTRICT faithfully and properly perform all of the work described in said Agreement and in accordance with the plans and specifications approved for said work and shall pay all sums due for all damages suffered by said District by reason of faulty or defective work or the carelessness or negligence of said Principal and for the completion of any work not satisfactorily or properly performed in accordance with the Agreement between District and Principal, and guarantee all work for a period of one year after acceptance in accordance with said Agreement, then, at the expiration of said guarantee period, this obligation shall be null and void; otherwise to remain in full force and effect. IN WITNESS WHEREOF said Principal and Surety have caused this bond to be executed by their officers thereunto duly authorized this 18TH day of SEPTEMBER ,1991 PRINCIPAL: SAN JUV�NAVE LLC (SEAL) By: (SEAL) The premium on this bond is 2,241.00 (Executed in Triplicate) COMPANY Attor eyln Fact JULIE M. MATTERA MailingiAddress of Surety: 14726 RAMONA AVENUE CHINO, CA 91710 E State of County of personally appeared ersonally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the —�� within instrument and acknowledged to me that he/she/they 4.CELESTE llttLEToN executed the same in his/her/their authorized capacity(ies), i COMM. i 1035974 Z ¢ Notary Pubic — CGitgNp and that by his/her/their signature(s) on the instrument the ORANGE COUNIV person(s), or the entity upon behalf of which the person(s) MY COMM ExPNGS AUG 14.1998 acted, executed the instrument. WITNESS my hand and official qeal. 4W� Nreof otary ublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: / Gt individual Corporate Officer Title(s): Partner — ❑ Limited Attorney -in -Fact Trustee 11 El 4l 6 ❑ General Guardian or Conseryator WORM Other: 41 iWTop of thumb here Signer Is d df Representing: Signer's Name: ISI 0 Number of Pages: Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER C 0 1996 National NotaryAssociallon • 8236 ROMMM Ave., P.O. Box 7184 • Canoga Perk, CA 91309-9184 Prom. No. 5907 Reordw: Call Toll -Free 1-80 896.6629 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of oRANGR On SEPTEMBER 18, 1997 before me, DORIS BOYAJIAN, NOTARY PUBLIC DATE MME. TITLE OF OFFICER - E0.'JANE OOQ=ARYZU8W personally appeared JULIE M. MATTERA NAMM OF SIONERM ® personally known to me - OR Gproved to m� tisfac_ to be the person(s) whose name(s�is/are subscribed to the within instrument and ac- knowledged to me that heshehhey executed the same in histher/their authized capacity(les ,- and that by his their signature(s)—on the instrument the persons) or the entity upon behalf of which the person (*yacted, executed the instrument. 6411, DM :ay_,5 WITNESS my hand and official seal. F�r.•F7-. cedo�ay Pie_ �su3NATwE ARY OPTIONAL Though the data below is not required by taw, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL C ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR . ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTTTYIIES) ULICO CASUALTY COMPANY DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE C1993 NATIONAL NOTARY ASSOCIATION • 5236 Re� Ave. P.O. Box 7184. Cama Pari. CA 91309-7184 ULICO CASUALTY COMPANY 111 Massachusetts Avenue, N.W. Washington, DC 20001 052 ■ ■ ■ ■ POWER OF ATTORNEY Know All Men By These Presents: That Ulico Casualty Company, A Delaware Corporation, having its principal office in Washington, DC, pursuant to the following resolution, adopted by the Board of Directors of the Corporation effective on the 28th day ofJanuary, 1993: RESOLVED: "That the Chairman and Chief Executive Officer be, and hereby is, authorized to execute Powers -of -Attorney, qualifying the attorney named in the Powersof-Attorney to execute on behalf of the Corporation contract bonds and other related surety bonds, and to attach thereto the corporate seal of the Corporation, in the transaction of its surety business." RESOLVED: "That the signatures and attestations of such officers and the seal of the Corporation may be affixed to any such Powerof-Attorney or to any certificate relating thereto by facsimile, and any such Powerof-Attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding upon the Corporation when so affixed with respect to any contract bond or other related surety bond to which it is attached." 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: Philip E. Vega and Julie M. Mattera, of Sullivan & Curtis Insurance Brokers, of Irvine, 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: Contract bonds and other related surety bonds: IN AN AMOUNT NOT TO EXCEED THREE MILLION ($3,000,000.00) DOLLARS, to bind Ulico Casualty Company thereby as fully and to the same extent as if such bond was signed by the duly authorized officers of Ulico Casualty Company, and all the acts of said Attorney(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. In Witness Whereof, Ulico Casualty Company of Dover, Delaware, has caused this Power of Attorney to be signed by its Chairman and Chief Executive Officer and its Corporate seal to be affixed this 15th day of February, 1997. This Power of Attorney is void unless the seal is readable, the text is in black inky the signatures are in black inky this notice is in red inky and if attached to a document executed subsequent to January 1, 1999. Ulico Casualty Co G� gPOA" \CCS� District of Columbia ss: '�� SEAL °F,'��„', Robert A. Ceorgine, Chairman and C e Executive ONicer On this 15th day of February, 1997, before the subscriber, a Notary Public of the District of Columbia, duly commissioned and qualified, came Robert A. Georgine of Ulico Casualty Company to me personally known to be the individual and officer described therein, 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 officer were 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. In Testimony Whereof, 1 have hereunto set my hand, and affixed my official seal at Washington, DC the day and year above written. Q By CERTIFICATION minion EIIDK� March 31, 2001 1, Joseph A. Carabillo, Assistant Secretary of Ulico Casualty Company of Dover, Delaware, do hereby certify that the foregoing Resolution 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. In Witness Whereof, I have hereunto set `rl^-ir!fi' 1994— my 994 UCB-102-POAI (09/94) my hand and affixed the seal of the corporation this day of c SEAL�I By. losep�' . Carab o, Assistant Secretary e • WOODBRIDGE DEVELOPMENT--- ---------------------_---- -.. -_. Homes of Distinction September 24, 1999 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 Atm: Mr. Dan W McFarland Re: Bonds Dear Mr. McFarland: We would like to replace the following bonds with bonds from our new bonding company. Current Bond Replacement Bond Bond # # Amount B97-114061 SD00032072 $299,746V B97-114062 SD00032071 48,856 B97-114063 SD00032070 130,910 ✓ B97-114064 SD00032069 79,452 ✓ B97-114065 SD00032068 186,714V B97-114066 SD00032074 116,900 B97-114067 SD00032073 13,200 141-58-52,/ SD00032067 100,000-/ Your Assistance in facilitating this exchange is appreciated. Sincerely, Woodbridge Development Vice President Woodbridge C Enclosures 27285 Las Ramblas • Suite 230 • Mission Viejo - CA 92691-6325 - 949-348-8162 • Fax 949-348-8163 - www.woodbridgehomes.com MEMORANDUM September 29, 1999 TO: Dawn Schanderl, Deputy City Clerk FROM: Sam Shoucair, Senior Engineer SUBJECT: Replacement of Bonds, Tract 14379 - San Juan Enclave, LLC Woodbridge Development has changed its bonding company and has provided new bonds to replace the existing ones. Please accept the attached new bonds and release the current ones, as indicated on the cover sheet submitted along with the new bonds. SS:ssg attachments sam\9-29bond. mem Bond No. SD00032072* Premium: $1,499.00 FMCUTEIS IN SUBDIVISION FAITHFUL PERFORMANCE BOND TRIPLICATE' (GOVERNMENT CODE . 66499.1) WHEREAS, the City Council of the City of San Juan Capistrano, State )f California, and _ SAN JUAN ENCLAVE LLC (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereov Principal agrees to install and complete certain designated public improvements, which said Agreement dated SEPTEMBER 18 19 97 and made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, :o furnish a bond for the faithful performance of said Agreement; STREET - TRACT 14379 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 NINETY NINE THOUSAND SEVEN HUNDRED FORTY SIE AND NO/100------- 7 - VS 9. 7-F6 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 Pnncipai 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, :f there be any, to require that a demand be made first against the Principal in the e•ient of def aul t. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the `ace 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, ail to be taxed as costs and included in any judgment rendered. *This bond replaces Ulico Casualty Company bond no. B97-114061 effective 9/18/99. 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. i9 99 at Executed this 4th IRVINE APPROVED AS TO FORA: CITY ATTORNEY Page 2 - Subdivision Performance Bond day of August , California. PRINCIPAL SAN JU VE LLC (NOTARIZATION AND SEAL) SUR INSURANCE COMPANY Clip E. Vega, Attorney -in -Fact ARIZATION AND SEAL) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County Of Orange On August 4, 1999 before me, Sheila R. McDonald, Notary Public DATE NAME. TITLE OF OFFICER - E G 'JANE DOE. NOTARY PUBLIC' personally appeared Philip E. Vega NAMEISI OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their SHEILA K. NIC DONALD signature(s) on the instrument the person(s), comm. $11090112 = or the entity upon behalf of which the NOTA;Y PUsuc-cnuFORNIA o person(s) acted, executed the instrument. ORANGE COUNTY N )I MY COMMISSION EXPIRES MARCH 15. 2000_ lit WITNESS my hand and official seal. OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 71 ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONIS) OR ENT1TY(tES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE BD -11333/94 01993 NATIONAL NOTARY ASSOCIATION - 8236 Rwn"t Ave.. P.O. Boz 7184 -Canoga Park. CA 91309-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Oa�nA LE On AOJ�j . ILp,199A, before me,!(. \,,ilETZKI -Iii[)-rAay pU�ll J Dale Name and Title of Officer (a g.,'Jane Doe, Notary Public') personally appeared �ri rc �rn� •• trc E personally known to me /proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above mature 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 Zitle or Type of Document: Number of Pages: Signer(s) Other ThanlCagtd Above: Capacity(ies) Claimed by Sig -ft Name: ❑ Individual FJ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here 9 1997 National Notary Association • 9350 De Soto Ave., PO. Boz 2402 • Chatsworth, CA 91313-2402 Prod. No 5907 Reorder. Call Toll -Free 1-800-876-6827 Bond No. SD00032072* SUBDMSION LABOR AND MATERIAL BOND (GOVERNMENT CODE, SECTION 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and SAN JUAN ENCLAVE 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 SEPTEMBER 18 19-9-L., ., and identified as Project STREET IMPROVEMENTS - TRACT 14379 is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement; NOW, THEREFORE, we, the Principal and Frontier Pacific Insurance Company as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of TWO HUNDRED NINETY NINE THOUSAND SEVEN HUNDRED FORTY SIE AND NO/100 ----- Dollars ($ 299,746.00---- ) 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 *This bond replaces Ulico Casualty Company bond no. B97-114061 effective 9/18/99. 1of2 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 4th day of August , 19 99 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. NOTE: Please Attach Acknowledgement and Power of Attorney 2 of 2 PRINCIPAL SAN SII VB LLC (NOTARIZATION AND SEAL) SURETY FRONT PA IFIC INSURANCE COMPANY ZTA Vega, Attorney -in -Fact RIZATION AND SEAL ) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On August 4, 1999 before me, Sheila K. McDonald, Notary Public DATE NAME. TITLE OF OFFICER E G 'JANE DOE. NOTARY PUBLIC" personally appeared Phi NAMES) OF SIGNERS) x❑ personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their SHEILA K. MC DONALD I� signature(s) on the instrument the person(s), COMM. ¢ 1090412 or the entity upon behalf of which the NcrAev PuaLIccA IEORNIA o acted, executed the instrument. ORANGE COUNTY N person(s) MY COMMISSION EXPIRES MARCH 15, 2000 it WITN SS my hand and official eal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER rms(s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL R❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER - SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTT'(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE BD -11333/94 01993 NATIONAL NOTARY ASSOCIATION • 8238 Remmet Ave.. P.O. Boz 7184 • Canoga Park. CA 91309-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of cybii L On A_)� . ILD ,1999, before me, '1 , W IETZi{� NUTARV �l 41 G, Data Name and Title of Officer ne,, "Jane Doe. Notary Public") personally appeared -T�o�n S Clo4 i; l l nl(�J a nii Nema(m) of Slgner(m) Place Notary Seal Above Versonally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ul t: o ' r atu a 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: Doc nt Date: Number of Pages: Signers) Other T amed Above: Capacity(ies) Claimed by er Signer's Name: ❑ Individual ffiffiffiffin Top of thmmb here ❑ Corporate Officer—Title(s): ❑ Partner Ell Limited ❑ General C Attorney in Fact ❑ Trustee El Guardian or Conservator C 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] =RONT/ER PACT FI CNOF INSURANCE COMPANY (a California Company) 4250 Executive Square, Suite 200, La Jolla. California 92037 RnowAff4Yien43gVgcsc(Present$: That FRONTIER PACIFIC INSURANCE COMPANY, a California Corporation, having its principal office in La Jolla, California, pursuant to the following resolution, adopted by the Board of Director: 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 ad for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of Indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of Its surety business; 'RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; 'RESOLVED, that any such Attomey-in-Fad delivering a secretarial certification that the foregoing resolutions still be In effect may insert M such certification the date thereof, said date to be not later than the date of delivery thereof by such Attomey-in-Fad' 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: PHILIP E. VEGA LOURDES LANDA MARY J. STELZER JUDY HOFFMAN-ARNOLD Of Irvine , 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 ad and deed, without power of redelegation, as folio": Bonds guaranteeing the fidelity of persons holding places of public or private tnst, 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 INSUR- ANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of FRONTIER PACIFIC INSURANCE COMPANY, and all the acts of said Attorney(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. 3n Witness nfjerco f FRONTIER PACIFIC INSURANCE COMPANY of La Jolla, California, has caused this Power of Attorney to be signed by Its Vice President and its Corporate seal to be affixed this 7th day of April '19 98 . FRONTIER PACIFIC INSURANCE COMPANY 4,rM�a i t ............ STATE OF CALIFORNIA) ......... COUNTY OF SAN DIEGO) BY: DAVID E. CAMPBELL, Vice President On April 7, 1998 before me, Trove Kensler, Notary Public, personally appeared David E. Campbell, personally known to me to be the person whose name is subscribed to the within Instrument and acknowledged to me that he executed the same in his authorized capacky, 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 Q Commission x 1045607 Z Z Notary Public — California Z Z San Diego County My Comm. Expires Nov. 20. 1998 Signature of hotary 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 4th day of August ,1999 le rymne 4 4.0.x; I Joseph P. Loughlin, Secretary FM 19-5DWA-FP (11197) "••••.•,,....... a EXECUTED IN TRIPLICATE' Bond No. SD00032072* Premium: $1,499.00 SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE . 66499.0 WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and SAN JUAN ENCLAVE LLC (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereoy Principal agrees to install and complete certain designated public improvements, which said Agreement dated SEPTEMBER 18 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; STREET IMPROVEMENTS - TRACT 14379 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 NINETY NINE THOUSAND SEVEN HUNDRED FORTY SIE AND NO/100------- Dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principai shall promptly and faithfully perform said improvements, then the obligation shall be nail: and void; otherwise it shall remain in full force and effect. Surety waives any rights, :f 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, aii to be taxed as costs and included in any judgment rendered. *This bond replaces Ulico Casualty Company bond no. B97-114061 effective 9/18/99. 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 4th day of August 19 99----., at IRVINE . California. APPROVED AS TO FORM: J24, - Aca CITY ATTORNEY Page 2 - Subdivision Performance Bond PRINCIPAL SAN JU VE LLC (NOTARIZATION AND SEAL) S FIC INSURANCE COMPANY E. Vega, Attorney -in -Fact ARIZATION AND SEAL) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of C)P_AAL4EE on At )L� - go I qqR , before me, 'I - W �t� ) -) , Name antl Title of Officer (e.g.. Jane Doe, Notary Public') personally appeared �(�0 5 - �Ur�1�tF')_L7 ->AAA , Names) of Signegs) ❑ personally known to me 1�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. c� (SL. D 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): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: © 1997 National Notary Association - 9350 De Soto Ave., PO. Box 2402 - Chatsworth, CA 91313-2402 Prod! No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State Of California County of On August 4, 1999 before me, Sheila K. McDonald, Notary Public DATE NAME TITLE OF OFFICER E G 'JANE DOE. NOTARY PUBLIC" personally appeared NAMES) OF SIGNERS) XI personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) 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. LIZ Z SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITYSIES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE BD -1133 3/94 01993 NATIONAL NOTARY ASSOCIATION • 8236 RaI Ave.. P.O. Box 7184 • Canoga Park. CA 91309-7184 SHEILA K. MC DONALD t coni^,I.p1D90:12 z o NOTA;,Y PJBLICCALIFURNIA 0 <' 'v; l•,:" �I MY COMMISSION ORANGE COUNTY NI EXPIRES MARCH 15, 2000 !t WITNESS my hand and official seal. LIZ Z SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITYSIES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE BD -1133 3/94 01993 NATIONAL NOTARY ASSOCIATION • 8236 RaI Ave.. P.O. Box 7184 • Canoga Park. CA 91309-7184 Bond No. SD00032072* 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 SAN JUAN ENCLAVE 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 SEPTEMBER 18 19 97 , and identified as Project STREET IMPROVEMENTS - TRACT 14379 is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement; NOW, THEREFORE, we, the Principal and Frontier Pacific Insurance Company . as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of TWO HUNDRED NINETY NINE THOUSAND SEVEN HUNDRED FORTY SIE AND N01100 ----- Dollars ($ 299,746.00---- ) 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 *This bond replaces Ulico Casualty Company bond no. B97-114061 effective 9/18/99. 1of2 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 4th day of August , 19 99 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. NOTE: Please Attach Acknowledgement and Power of Attorney 2 of 2 PRINCIPAL SAPJ VS LLC (NOTARIZATION AND SEAL) SURETY INSURANCE COMPANY V--E--Vtrga, Attorney -in -Fact ARIZATION AND SEAL) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County ofnR1�4 E on At 1ti _ I-7 , Igct4 , before me, _�._ ETZKE �Dr�`i �t) L_,Q ), Date Name and Title of Officer (e. g., "Jane Doe, Notary Public") personally appeared _� G. f nIbHAM Name(&) of Slgnereb A 4 Li personally known to me V 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. J," D Place Notary Seal Above �.!Bignature 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(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General Ll Attorney in Fact ❑ Trustee Guardian or Conservator ❑ Other: Signer Is Representing: 0 1997 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder Call Toll-free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County Of Orange On August 4, 1999 before me, Sheila K. McDonald, Notary Public DATE NAME. TITLE OF OFFICER ED 'JANE DOE. NOTARY PUBLIC' personally appeared Philip E. Vega NAME(S) OF SIGNER(S) x❑ personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), °rT (4 SHEILA K. MC DONALD NOTA',tY PJEL IC CALIFORNIA ORAf,GE COUNTY MY COMMISSION EXPIRES MARCH 15. 2000 or the entity upon behalf of which the person(s) acted, executed the instrument. MV/0=011110,77501 AW IIii OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL © ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE BD -1133 3/94 ®1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave- P.O. Box 7181 • Canoga Park, CA 91309-7184 =RONTIER PR11111iffitiTEmor INSURANCE COMPANY (a California Company) 4250 Executive Square, Suite 200, La Jolla, California 92037 POWER OF ATTORNEY Anoruo4ffOen 4iyIZ7()ese(Presents: That FRONTIER PACIFIC INSURANCE COMPANY, a California Corporation, having its principal office in La Jolla, California, pursuant to the following resolution, adopted by the Board of Directors of the Corporation on the 15th day of November, 1991. `RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint 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 wrifings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business; 'RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; 'RESOLVED, that any such Attomey-in-Fad delivering a secretarial certification that the foregoing resolutions still be in effect may insert M such certification the date thereof, said date to be not later than the date of delivery thereof by such Attomey-in-Fad.' 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: PHIUP E. VELA LOURDES LANDA MARY J. STELZER JUDY HOFFMAN-ARNOLD Irvine California Of , in the State of 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 ad 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 M all actions or proceedings or by law allowed; IN AN AMOUNT NOT TO EXCEED SIX HUNDRED FIFTY THOUSAND ($650,000.00) DOLLARS; and to bind FRONTIER PACIFIC INSUR- ANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of FRONTIER PACIFIC INSURANCE COMPANY, and all the acts of said Atomey(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. an Witness 01jeteo f FRONTIER PACIFIC INSURANCE COMPANY of La Jolla, California. has caused this Power of Attorney to be signed by its Vires Prwsidnnt and its Cornorata Baal to ha aMvarl Mia day of _ 19 7th . April FRONTIER PACIFIC INSURANCE COMPANY M i3 6 3. STATE OF CALIFORNIA) ^•••...: •'`+ DAVID E. CAMPBELL, Vice President COUNTY OF SAN DIEGO) On April 7, 199$ before me, Treva Kensler, Notary Public, personally appeared David E. Campbell, personally dawn to me to be the person whose name is subscribed to the within Instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal TREVA KENS1;R Q Commission N 1045661 Z Z Notary Public — California Z Z Seen Diego County My Comm. Expires Nov. 26. 1998 � Signature of hotary 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 4th day of August 19 99 i rr j 7 Joseph P. Loughlin, Secretary FM 19-5902MFV (1141]) • •...,,,,.+•" Bond No. SD00032071* Premium: $244.00 EXECUTED IN SUBDIVISION FAITHFUL PERFORMANCE BOND TRIPLICATE (GOVERNMENT CODE . 66499.1) WHEREAS, the City Council of the City of San Juan Capistrano, State �f California, and _. SAM JUAN ESCLAVE LLC (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereoy Principal agrees to install and complete certain designated public improvements, which said .agreement dated SEPTEISER 18 1997 and made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, furnish a bond for the faithful performance of said Agreement; ALTERNATE ENTRY - TRACT 14379 NOW, THEREFORE, we, the Principal and Frontier Pacific Insurance Company as Surety, are held firmly bound unto the City of San Juan Capistr (hereafter called "Obligee"), in the sum of FORTY EIGHT THOOSAIID EIGHT HDSUBSD FIFTY SLE AND SO/100------ --- Dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be nul! and void; otherwise it shall remain in full force and effect. Surety waives any rights, :! there be any, to require that a demand be made first against the Principal in the event of de f aul t. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the !ace amount specified, there shall be included costs and reasonable expenses and fees, inc!uding reasonable attorney's fees, incurred by City in successfully enforcing such obligation, a". to be taxed as costs and included in any judgment rendered. *This bond replaces Ulico Casualty Company Bond No. B91-114062 effective 9/18/99. 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 4th day of _ August 19_99 at IRVINE California. APPROVED AS TO FORM: 4A CITY ATTORNEY Page 2 - Subdivision Performance Bond PRINCIPAL SAN JUAN VE LLC VU (NOTARIZATION AND SEAL) S IER PACIFIC INSURANCE COMPANY , Attorney -in -Fact ARIZATION AND SEAL) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California �_� 1 County of I�PN&2E ss. On A01= I71IgCR, before me, W IETZ(:E r`N]OT'.AR,j R32 L10 Date T^—Tr Name and Title of Offoer (e. g., "Jane Doe, Notary Public") personally appeared �rO�� S . Cl]rJnl(I�II�HAtcA Name(s) of Signer s) '�ItY: r• All rri ElVersonally known to me proved to me on the basis of satisfactory evidence to be the persons) 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. J L"-0 Place Notary Seal Above gnature 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 i of Attached Document of Document: Document Date: Signer(s) Other Than Named Capacity(ies) Claimed by Signer Signer's Name: P Individual ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: 199] National Notary Association • 9350 De Soto Ave.. P.O Box 2402 • Chatsworth. CA 91313-2402 Prod. No. 5907 Reorder: Call Toll Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On August 4, 1999 before me, Sheila K. McDonald, Notary Public DATE NAME. TIRE OF OFFICER EG 'JANE DOE. NOTARY PUBLIC personally appeared NAME(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized _ capacity(ies), and that by his/her/their �Iw SHEILA K. M- DONALD signature(s) on the instrument the person(s), f COMW 1k1090412 Ncr<vNURuc cauEORNIA o or the entity upon behalf of which the ORANGE COUNTY N person(s) acted, executed the instrument. it MY COMMISSION EXPIRES MARCH 15, 2000 it WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESEN"l NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE BD -11333/94 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave.. P.O. Boz 7184 • Canoga Park, CA 91309-7184 Bond No. SD00032071* 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 SAN JUAN ENCLAVE 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 SEPTEMBER 18 1997__, and identified as Project ALTERNATE ENTRY - TRACT 14379 is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement; NOW, THEREFORE, we, the Principal and Frontier Pacific Insurance Company as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the -Penal sum of FORTY EIGHT THOUSAND EIGHT HUNDRED FIFTY SIX AND no/100 ----------- Dollars - ----- - Dollars ($ 48,856.00------- ) 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 *This bond replaces Ulico Casualty Company bond no. B97-114062 effective 9/18/99. 1 o 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Op"I' aE On A)Li. ( t �Q� , before me, ' Wti:.rzka it f Crr kV PtJBLtP�, Date . Name and Title of Officer a g., "Jane Doe, Notary Public") personally appeared 4 �Y: •. r. .r. Place Notary Seal Above =I personally known to me Vproved 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. �ciAnature 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 Tikor Type of Document: Document Signer(s) Other Than Named Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner — E Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: 1997 National Notary Association • 9350 De Soto Ave., PO. Boz 2402 • Chatsworth, CA 91313-2402 Prod No. 5907 Reorder. Call Toll -Free 1-800-876-6827 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 5th day of August , 19 99 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. NOTE: Please Attach Acknowledgement and Power of Attorney PRINCIPAL SAH7 YR LLC (NOTARIZATION AND SEAL) SURETY (;OTARIZATION PA IC INSURANCE COMPANY ga, Attorney -in -Fact AND SEAL) 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On August 4, 1999 before me, Sheila K. McDonald, Notary Public DATE NAME. TITLE OF OFFICER - E G JANE DOE. NOTARY PUBLIC' personally appeared Philip E. Vega NAMEISI OF SIGNERIS) XI personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized MY COMMISSION EXPIRES MARCH 15, 2000 capacity(les), 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 OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL R❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTRY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE BD -11333/94 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 SHEILA K. MC DONALD COMM. #1G9G112 ;� NOT:AO FOBLIC CALIFORNIA J1. ORANGE COUNTY MY COMMISSION EXPIRES MARCH 15, 2000 capacity(les), 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 OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL R❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTRY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE BD -11333/94 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 =RONTIER PACRO C INSURANCE COMPANY (a California Company) 4250 Executive Square, Suite 200, La Jolla, California 92037 POWER OF ATTORNEY RnOU1 Aft 141cn Tg Z. ryese (presents: That FRONTIER PACIFIC INSURANCE COMPANY, a California Corporation, having its principal office in La Jolla, California, pursuant to the following resolution, adopted by the Board of Directors of the Corporation on the 15th day of November, 1991. 'RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attomeys-in- Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate retating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsirn" 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 -Fad.` 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: PHILIP E. VEGA LOURDES LANDA MARY J. STELZER JUDY HOFFMAN-ARNOLD Irvine California Of , in the state or 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 PACIFIC INSUR- ANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of FRONTIER PACIFIC INSURANCE COMPANY, and all the acts of said Attomey(s)-m-Fact pursuant to the authority herein given are hereby ratified and confirmed. an (Witness Wgcrc0 f FRONTIER PACIFIC INSURANCE COMPANY of La Joila, California, has caused this Power of Attorney to be signed by its Vice President and its Corporate seal to be affixed this 7th day of April .19 98 FRONTIER PACIFIC INSURANCE COMPANY I`-' 'oxnnxea i' of 3 `'..........;.,.•- "' DAVID E. CAMPBELL, Vice President STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) On April 7, 1998 before me, Trove Kensler, Notary Public, personally appeared David E. Campbell, personally known to me to be the person whose name is subscribed to the within Instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or tfte entity upon behalf of which the person(s) acted, executed the Instrument. Witness my hand and official seal �M TREVA KENS 14 Q Commission w 1045661 Z Z Notary Public — California ZZ Z San Diego County My Comm. Expires Nov. 26. 1996 Signature of hotary 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 4th day of August '19 99 s Joseph P. Loughlin, Secretary FM 19-5007bFf+(11/9]) •..�....•".• Bond No. SD00032071* Premium: $244.00 EXECUTED IN SUBDIVISION FAITHFUL PERFORMANCE BOND TRIPLICATE (GOVERNMENT CODE . 66499.0 WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and SAN JUAN ENCLAVE LLC (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereoy Principal agrees to install and complete certain designated public improvements, which said .agreement dated SEPTEMBER 18 1997 and made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, :o furnish a bond for the faithful performance of said Agreement; ALTERNATE ENTRY - TRACT 14379 NOW, THEREFORE, we, the Principal and Frontier Pacific Insurance Company , as Surety, are held firmly bound unto the City of San Juan Cavi��iW (hereafter called "Obligee"), in the sum of FORTY EIGHT THOUSAND EIGHT 1dtfNDSED FIFTY SIX AND NO/100--------------- Dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights, :f there be any, to require that a demand be made first against the Principal in the event of default. BE 1T FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the '.ace 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, ail to be taxed as costs and included in any judgment rendered. *This bond replaces Ulico Casualty Company Bond No. B97-114062 effective 9/18/99. 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 bo 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 4th day of August 19 99 , at IRVINE California. APPROVED AS TO FORM: CITY ATTORNEY Page 2 - Subdivision Performance Bond PRINCIPAL SAN JU VE LLC (NOTARIZATION AND SEAL) SURETY INSURANCE COMPANY E. Vega, Attorney -in -Fact ARIZATION AND SEAL) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of (a2A�JclE On A)1=g 1: ,1G�1g , before ri 1I - W i liT-ZI,E , Dale / Name and Title of Officer (Ag., "Jane Doe, Notary Public") personally appeared JJ ppersonally known to me F�'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 persons) acted, executed the instrument. WITNESS my handl and official seal dL Place Notary Seal Above Ignature 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. D tion of Attached Document Title or Typ ocument: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Panner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©199] National Notary Association • 9350 De Soto Ave, P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod No, 5907 Reorder'. Call Toll -Free 1-500-8]6-682] CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On August 4, 1999 before me, Sheila K. McDonald, Notary Public DATE NAME. TITLE OF OFFICER E G JANE DOE. NOTARY PUBLIC - personally appeared Philip E. Vega NAMEIS) OF SIGNERISI D personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their SHEILA K. MC DONALD �t signature(s) on the instrument the person(s), u or the entity upon behalf of which the o 1,r�Cr`,.., v� COMM. x1090412 ,qj NOTE,:, Y Pt19LIC.CAUFORNIA —0 person(s) acted, executed the instrument. ORANGE COUNTY N 11 MY COMMISSION EXPIRES MARCH 15, 2000 WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL D ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONIS) OR ENTr YIIESI OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE BO -1133 3/94 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave.. P.O. BOX 7184 • Canoga Park, CA 91309-7184 Bond No. 9D00032071* 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 SAN JUAN ENCLAVE 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 _ SRPTENBER 18 199 and identified as Project ALTERNATE ENTRY - TRACT 14379 is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement; NOW, THEREFORE, we, the Principal and Frontier Pacific Insurance Company , as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter call1d "City" in the -penal sum of FORTY RIGHT THOUSAND EIGHT HUNDRED FIFTY SIX AND no 100 -- ----- Dollars ($48,856-00 ------- ) 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 *This bond replaces Ulico Casualty Company bond no. B97-114062 effective 9/18/99. 1of2 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 4th day of August , 19 99 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. NOTE: Please Attach Acknowledgement and Power of Attorney 2 of 2 PRINCIPAL SAN va LLC 7 (NOTARIZATION AND SEAL) SURETY INSURANCE COMPANY , Attorney -in -Fact RIZATION AND SEAL) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of InPi ltE On AL)tJ4 . )1 . �1 , before me, Date I personally appeared jar; .r «. tr Name(s) of Signer(s) Ll personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. s6_ test Place Notary Seal Above gnature 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 Signer(s) Other Than Named Capacity(les) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — Cl Limited ❑ General ❑ Attorney in Fact ❑ Trustee G Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: ©197 National Notary Association • 9350 De Soto Ave.. P 0 Box 2402 • Chatsworth, CA 91313-2402 Prod No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On August 4, 1999 before me, Sheila K. McDonald, Notary Public DATE NAME. TITLE OF OFFICER E G 'JANE DOE. NOTARY PUBLIC - personally appeared Philip E. Vega NAMEIS) OF SIGNERS) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), SHEILA K. MC DONALD or the entity upon behalf of which the o iLL " COMIK #1090412 4. person(s) acted, executed the instrument. NOTA0 PUBLIC CALIFORNIA sJ ORANGE COUN'ry 1I MY COMMISSION EXPIRES MARCH 15, 2000 WITN SS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTIP NAME OF PERSONS) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 1310- 11 33 3/94 ®1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Boz 7184 • Canoga Park. CA 91309-7184 =RONTIER P-ACIFiC INSURANCE COMPANY (a California Company) 4250 Executive Square, Suite 200, La Jolla, California 92037 POWER OF ATTORNEY Anow,Aff Oen 93y VIjese (PYcsients: 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 he 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: PHILIP E. VEGA LOURDES LANDA MARY J. STELZER JUDY HOFFMAN-ARNOLD Irvine California Of , in the State of 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 procaedktgs or by law allowed; IN AN AMOUNT NOT TO EXCEED SIX HUNDRED FIFTY THOUSAND ($650,100.00) DOLLARS; and to bind FRONTIER PACIFIC INSUR- ANCE COMPANY thereby as fully and to the same extent as if such bard or undertaking was signed by the duty authorized officers of FRONTIER PACIFIC INSURANCE COMPANY, and all the acts of said Attorney(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. sit'W(tnCSS 0ryCTCOf FRONTIER PACIFIC INSURANCE COMPANY of La Jolla, California, has caused this Power of Attorney to be signed by its Vice President and its Corporate seal to be affixed this 7th day of April .19 98 FRONTIER PACIFIC INSURANCE COMPANY Ic =xiis�i ora 3 BY: STATE OF CALIFORNIA) """""""'°� ^ DAVID E. CAMPBELL, Vice President COUNTY OF SAN DIEGO) On April 7, 1998 before me, Trove Kensler, Notary Public, personally appeared David E. Campbell, personalty known to me to be the person whose name is subscribed to the within Instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal TREVA KENSLER Commission r 1045661 Z Z1 NotaryPublic --California Z Z0my Son Diego County 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 4th day of August ,.w„ ...... „,M ,to 99 Joseph P. Loughlin, Secretary fTl 19�5002bFP (1199) ..,.�....••” f ♦ Bond No. SD00032070* Premium: $655.00 i=CUTED IN SUBDIVISION FAITHFUL PERFORMANCE BOND TRIPLICATE (GOVERNMENT CODE . 66499.0 WHEREAS, the City Council of the City of San Juan Capistrano, State .if California, and -- SAN JUAN ENCLAVE LLC (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereov Principal agrees to install and complete certain designated public improvements, which said Agreement dated SEPTEMBER 13 19 97 and made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, :o furnish a bond for the faithful performance of said Agreement; STORM DRAIN - TRACT 14379 NOW, THEREFORE, we, the Principal and Frontier Pacific insurance Company as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of ONE HUNDRED THIRTY THOUSAND NINE HUNDRED TEN AND N0/100 }k i 3 0, 91 C2 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 nail! and void; otherwise it shall remain in full force and effect. Surety waives any rights, :f 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 =ace amount specified, there shall be included costs and reasonable expenses and fees, inc!uding reasonable attorney's fees, incurred by City in successfully enforcing such obligation, al: to be taxed as costs and included in any judgment rendered. *This bond replaces Ulico Casualty Company bond no. B97-114063 effective 9(18(99. 2. Said Surety, for value received, hereby stipulates and agrees that Zo 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 4th day of August 19 99-----, at uvimi . Calif Ornla. APPROVED AS TO FORA: CITY ATTORNEY Page 2 - Subdivision Performance Bond PRINCIPAL SAN J Avg LLC (NOTARIZATION AND SEAL) S INSURANCE COMPANY Tlip E. Vega, Attorney -in -Fact ARIZATION AND SEAL) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On A)Imi . 1� j lggC ETZ , before me, -' • W t�LE _ �17fA2y _PI�BLI (') Date I Name and Title of Officer (e. g., "Jane use, Notary Public') personally appeared ------------ �u LJ personally known to me V 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. 1.9,AI 9 Place Notary Seal Above Signature of Notary Puble 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. of Attached Document Title or Type Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual El El El Corporate Officer — Title(s): Partner—❑ Limited ❑ General Attorney in Fact Trustee Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: 1997 National Notary Association • 9350 De Soto Ave., PO Box 2402 • Chatsworth, CA 91 313 2402 Prod No. 5907 Boartlec Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State Of California County of On August 4, 1999 before me, Sheila K. McDonald, Notary Public GATE NAME. TITLE OF OFFICER - E G JANE DOE. NOTARY PUBLIC' personally appeared Philip E. Vega NAME(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their SHEILA K. M' DONALD signature(s) on the instrument the person(s), � � �Fs y Comm. `lezoaz or the entity upon behalf of which the �t�#—✓"�,}�' NGT' I PJc�6 wSL(OGNIA owAr,GE Cour+-rY ro person(s) acted, executed the instrument. 7� MY COMMISSION EXPIRES MARCH 15. 2000 It WITNESS my hand and official seal. OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL D ATTORNEYAN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONIS) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE BD -1133 3/91 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Boz 7184- Canoga Park, CA 91309-7184 Bond Nd. SD00032070* 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 9AN JUAN ENCLAVE 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 SEPTEMBER 18 1997 and identified as Project STORM DRAIN - TRACT 14379 is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement; NOW, THEREFORE, we, the Principal and Frontier Pacific Insurance Company as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of ONE HUNDRED THIRTY THOUSAND NINE HUNDRED TEN AND NO/100------------------ Dollars ($ 130,710.00 ---- ) 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 *This bond replaces ulico Casualty Company bond no. B97-114063 effective 9/18/99. 1of2 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. 1N 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 4th day of August 19 99 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. NOTE: Please Attach Acknowledgement and Power of Attorney 2 of 2 PRINCIPAL SAN VE LLC (NOTARIZATION AND SEAL) SURETY INSURANCE COMPANY p E. Vega, Attorney -in -Fact ARIZATION AND SEAL) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ss. CiR./an1�tE On Ai/=i 1 i1CM before me, � WtETLkE , NptgRy pla_I U Date / Name and Title of Officer (e.g., "Jane Due Notary Public) personally appeared t t. Blgnegs) LL personally known to me il' proved to me on the basis of satisfactory evidence to be the person(s) whose names) 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. ri .ILRtLP Place Notary Seal Above nature 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. D cription of Attached Document Title o oe of Document: Document Date: Signer(s) Other Than Named Capacity(les) Claimed by Signer Signer's Name: G Individual G Corporate Officer—Title(s): ❑ Partner — ❑ Limited ❑ General Ci Attorney in Fact C Trustee ❑ Guardian or Conservator L Other: Signer Is Representing: Number of Pages: 0 1997 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313-2402 Prod No. 5907 Reorder: Call TollFreei-800-826-682] CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On August 4, 1999 before me, Sheila K. McDonald, Notary Public DATE NAME. TITLE OF OFFICER - E G 'JANE DOE. NOTARY PUBLC- personally appeared Philip E. Vega NAME(S) OF SIGNER(S) O personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. SHEILA N. MC DONALD I! COMM. 1090412 z,,�,t� NMAI(Y PUBLIC CALIFORNIA C ORANGE COUNTY N MY COMMISSION EXPIRES MARCH 15, 2000 it WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTIN NAME OF PERSON(S) OR ENTr Y(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE BD -1133 3/96 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park. CA 91309-7184 f2lRONTIER P`ACE>'Y INSURANCE COMPANY (a California Company) 4250 Executive Square, Suite 200, La Jolla, California 92037 POWER OF ATTORNEY Rnolo,Aff(Men 43yVfjese(Present$: That FRONTIER PACIFIC INSURANCE COMPANY, a California Corporation, having its principal office in La Jolla, California, pursuant to the following resolution, adopted by the Board of Directors of the Corporation on the 15th day of November, 1991. 'RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attomeys-in- Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; 'RESOLVED, that any such Affomey-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: PHILIP E. VEGA LOURDES LANDA MARY J. STELZER JUDY HOFFMAN-ARNOLD of Irvine 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 defiver in its behalf, and as its act and deed, without power of redelegabon, 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 bbd FRONTIER PACIFIC INSUR- ANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duty authorized officers of FRONTIER PACIFIC INSURANCE COMPANY, and all the acts of said Attomey(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. 3n 'Witness W ryere0f FRONTIER PACIFIC INSURANCE COMPANY of La Jolla, California, has caused this Power of Attorney to be signed by its Vice President and its Corporate seal to be affixed this day of , 19 7th April 98 FRONTIER PACIFIC INSURANCE COMPANY 4y BY un STATE OF CALIFORNIA) ``.. ^'+ DAVID E. CAMPBELL, Vice President """"""'" COUNTY OF SAN DIEGO) On April 7, 1998 before me, Trove Kensler, Notary Public, personally appeared David E. Campbell, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. Witness my hand and official seal TREVA KENSLER Commission w 1045661 Z Z Notary Public — California Z Z San 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 wtrich 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 4th day of August '19 99 (J V Joseph P. Loughlin, Secretary FM 19&5002A.FP (1197) `, •""• Bond No. SD00032070* Premium: $655.00 &XXCUTED IN SUBDIVISION FAITHFUL PERFORMANCE BOND TRIPLICATE (GOVERNMENT CODE . 66499.0 WHEREAS, the City Council of the City of San Juan Capistrano, State if California, and _ SAP JUAN ENCLAVE LLC (hereafter designated as "Principal'), have entered into a Subdivision Agreement whereov Principal agrees to install and complete certain designated public improvements, which said Agreement dated SEPTEMBER 18 and made a part hereof; and 19 97 WHEREAS, said Principal is required, under the terms of said Agreement, :o furnish a bond for the faithful performance of said Agreement; STORM DRAIN - TRACT 14379 NOW, THEREFORE, we, the Principal and Frontier Pacific Insurance Company as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of ONE Ht1PDRED THIRTY THOUSAND PIPE 9MRED TEP APD 50/100 ----------------- Dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principai shall promptly and faithfully perform said improvements, then the obligation shall ben -W! and void; otherwise it shall remain in full force and effect. Surety waives any rights, there be any, to require that a demand be made first against the Principal in the event of def aul t. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the !ace amount specified, there shall be included costs and reasonable expenses and fees, inc!uding reasonable attorney's fees, incurred by City in successfully enforcing such obligation, ail to be taxed as costs and included in any judgment rendered. *This bond replaces Ulico Casualty Company bond no. B97-114063 effective 9/18/99. 2. Said Surety, for value received, hereby stipulates and agrees that io 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 4th day of August 19 99 at IRVINE , California. APPROVED AS TO FORA: CITY ATTORNEY Page 2 - Subdivision Performance Bond PRINCIPAL SAWJ CLAVE LLC (NOTARIZATION AND SEAL) INSURANCE COMPANY Clip E. Vega, Attorney -in -Fact ARIZATION AND SEAL) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of ��LO+�C7� On A—t L )CI�1 , before me, �. hI tETzKE , I�➢DrAQR N-PLi CJ Date i Name and Title of Officer (e.g., "Jane Doe, Notary Public') personally appeared ❑ personally known to me V 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. Place Notary Seal Above j Signature of Notary Publm OPTIONAL information below is not required by law, it may prove valuable to persons relying on the document Qd could prevent fraudulent removal and reattachment of this form to another document. Description of Title or Type of C Document Document Date: Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer Signer's Name: CI Individual C Corporate Officer—Title(s): C; Partner —❑ Limited ❑ General Cl Attorney in Fact El Trustee CI Guardian or Conservator El Other: Signer Is Representing: Number of Pages: Top of thumb here 1997 National Notary Association • 9350 Be Soto Ave., P 0 Box 2402 • Chatsworth, CA 91313-2402 Prod, No, 5907 Reorder. Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On August 4, 1999 before me, Sheila K. McDonald, Notary Public DATE NAME. TITLE OF OFFICER - E G JANE DOE. NOTARY PUBLIC - personally appeared E NAME(S) OF SIGNER(S) D personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized _ capacity(ies), and that by his/her/their SHEILA K. f41C RONALD signature(s) on the instrument the person(s), NOTAovI'�412 4 or the entity upon behalf of which the PL3 C -CALIFORNIA person(s) acted, executed the instrument. ORANGE COUNTY 1___Y COMSIISSION EXPIRES MARCH 15, y000 WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER nTLElst ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL R❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESEPMP NAME OF PERSON(S) OR ENT TY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE BD -1133 3/94 01993 NATIONAL NOTARY ASSOCIATION - 8236 Racn"t Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 Bond No. SD00032070* 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 RAN JUAN ENCLAVE 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 SEPTEMBER 18 1997_., and identified as Project STORK DRAIN - TRACT 14379 is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement; NOW, THEREFORE, we, the Principal and Frontier Pacific Insurance Company as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of ONE HUNDRED THIRTY THOUSAND NINE HUNDRED TEN AND NO/100 ----------- -- - Dollars ($ 130,710.00 ---- ) 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 *This bond replaces Ulico Casualty Company bond no. B97-114063 effective 9/18/99. 1of2 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 obiigations 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 4th day of August 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. AS TO K. DENHALTER, CITY NOTE: Please Attach Acknowledgement and Power of Attorney 2 of 2 PRINCIPAL SAB JUAN LLC (NOTARIZATION AND SEAL) INSURANCE COMPANY E. Vega, Attorney -in -Fact ARIZATION AND SEAL) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of QQAN,)!qr On f10�tG�cl, before me, 4 i�tETZkE , I�p�ARJ pl)Bl i t' , Date Name and Title of officer (e.g., "Jane Doe, Notary Public') personally appeared r.c ❑ personally known to me d 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. idu5'Au Place Notary Seal Above 4atraturt, 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. of Attached Document Title or Document Date: Signer(s) Other Than Named 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: 01997 National Notary Association • 9350 De Soto Ave.. PO. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On August 4, 1999 before me, Sheila K. McDonald, Notary Public DATE NAME. TITLE OF OFFICER E G "JANE DOE. NOTARY PUBLIC" personally appeared Philip E. Vega NAMES) OF SIGNERS) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the E ,? SHEILA K IA GDNALD \ COM,'A #1090412 person(s) acted, executed the instrument. 3 i` � NJi ' Pa ULfC-LALIEUHNIA `„_ EXPIRES M ccuw rY WITNESS my hand and official seal. MY COMM.ISSICN EkPIRES MARCH 15, PCCO j SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NI ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONIS) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE BD -1133 3194 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave.. P.O. Box 7184 • Canoga Park. CA 91309-7184 =RONTIER A%WIITS6;:111111ill, INSURANCE COMPANY (a California Company) 4250 Executive Square, Suite 200, La Jolla, California 92037 WO T11MM912-11 OWN��� tt01tio�('I'i¢tt�y�"ry¢5¢�T¢5¢ttt5: That FRONTIER PACIFIC INSURANCE COMPANY, a California Corporation, having its principal office in La Jolla, California, pursuant to the following resolution, adopted by the Board of Directors of the Corporation on the 15th day of November, 1991. 'RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attomeys-in- Fad 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-Fad.' 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: PHILIP E. VEGA LOURDES LANDA MARY J. STELZER JUDY HOFFMAN-ARNOLD of Irvine , in the state of California its true and lawful Atiomey(s)-in-Fad 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 ad 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 INSUR- ANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of FRONTIER PACIFIC INSURANCE COMPANY, and all the acts of said Attomey(s)-in-Fad pursuant to the authority herein given are hereby ratified and confirmed. 3n 'Witness V ryercof FRONTIER PACIFIC INSURANCE COMPANY of La Jolla, California, has caused this Power of Attorney to be signed by its Vice President and its Corporate seal to be affixed this 7th day of April .19 98 FRONTIER PACIFIC INSURANCE COMPANY 'Qty lrOr �f%} CN. LILY }Sr (f w STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) DAVID E. CAMPBELL, Vice President On April 7, 1998 before me, Travis Kensler, Notary Public, personally appeared David E. Campbell, personalty known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal » TREVA KENSLER Q Commission x 1045661 Z Z Notary Public — California Z Z Son Diego County My Comm. Expires Nov 26, 1996 H Signature of Notary Corporation Acknowledgement I, the undersigned, Joseph P. Loughlin, Secretary of FRONTIER PACIFIC INSURANCE COMPANY, do hereby cerdfy 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 4th day of August '19 99 .0 °s. `•},.a.+' 3 Joseph P. Loughlin, Secretary FM 19 -5002A -FP (11191) `'.....••, f Executed in Triplicate TRACT NO. 14379 KNOW ALL MEN BY THESE PRESENTS: That we, SAN JUAN ENCLAVE LLC Frontier Pacific Insurance Company BOND NO. _sn00032068* Premium: $934.00 as Principal, and Corporation, created, organized, and existing and by virtue of the laws of the State of California , duly licensed to transact a general surety business in the State of California, as surety, are held and firmly bound to the CAPISTRANO VALLEY WATER DISTRICT, State of California, in the sum of $186, 714.00 --- DOLLARS, lawful money of the United States of America, to be paid to the said District for which payment well and truly to be made we bind ourselves, our heirs, executors and successors, jointly and severally. THE CONDITION OF THE FOREGOING OBLIGATION is such that whereas the above bounden Principal has agreed to do and perform the following, to -wit: Construct and install all of the water facilities pursuant to Agreement for Construction of Water Facilities entered into on sEnTningn is , 199 7 by and between CAPISTRANO VALLEY WATER DISTRICT, and SAN JUAN ENCLAVE LLC , a copy of which is attached hereto and made a part hereof. 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 Capistrano Valley Water District 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 *This bond replaces Ulico Casualty Company bond no. B97-114065 effective 9/18/99. 1 contract documents or of work to be performed thereunder. NOW, THEREFORE, the condition of this obligation is such that if the bounden Principal shall, to the satisfaction of the CAPISTRANO VALLEY WATER DISTRICT faithfully and properly perform all of the work described in said Agreement and in accordance with the plans and specifications approved for said work and shall pay all sums due for all damages suffered by said District by reason of faulty or defective work or the carelessness or negligence of said Principal and for the completion of any work not satisfactorily or properly performed in accordance with the Agreement between District and Principal, and guarantee all work for a period of one year after acceptance in accordance with said Agreement, then, at the expiration of said guarantee period, this obligation shall be null and void; otherwise to remain in full force and effect. IN WITNESS WHEREOF said Principal and Surety have caused this bond to be executed by their officers thereunto duly authorized this 4th day of _ August , 199• 9 (SEAL) (SEAL) The premium on this bond is 934.00 (Executed in Triplicate) PRINCIPAL: SAN JOAN vE LLC By: INSURANCE COMPANY By: E. Vega Mailing Address of Surety: 4250 Executive Square, Suite 200 La Jolla, CA 92037 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of nRAr,]iL-1L On g. I . )ClClcl , before me, ii Trzk1= . IVbrAa\) -PL)-&LI L) Date f�Nam�e and Title of fflcer (e.g., "Jane Doe, Notary Public') personally appeared �—(1Dn, �J -lJ+�i tJ t ni�t^1Ati , Name(e) of Signers) Place Notary Seal Above personally known to me V 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. �ignature 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. Attached Document Title or Type of Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: C Individual L Corporate Officer — Title(s): L Partner—E,Limited L General L Attorney in Fact L Trustee Cl Guardian or Conservator L Other: Signer Is Representing: Number of Pages: 1997 National Notary Association • 9350 De Soto Ave., PO Box 2402 • Chatsw dh, CA 91313-2402 Pmdtl No. 5907 Reorder: Call Toll -Free 1-800-876-6829 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State Of California County of On August 4, 1999 before me, Sheila K. McDonald, Notary Public DATE NAME. TITLE OF OFFICER E G 'JANE DOE. NOTARY PUBLIC' personally appeared Philip E. Vega NAME(S) OF SIGNER(S) x❑ personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), SHEILA K. MC DONALD or the entity upon behalf of which the person(s) acted, executed the instrument. COMPA. �p1090412 P ( ) NOTn�;Y PUULiCCALIFORNIA ORANGE COUiVfY N f MY COMMISSION EXPIRES MARCH 15, 2000 'It WITN SS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTRY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE BO -1133 3/94 01993 NATIONAL NOTARY ASSOCIATION • 9236 Remmet Ave., P.O. Box 7184 • Canoga Park. CA 91309-7184 =RONTIER PACIFIC INSURANCE COMPANY (a California Company) 4250 Executive Square, Suite 200, La Jolla, California 92037 POWER OF ATTORNEY Anow,A(f Men 'By Vrytst Trtstltts: That FRONTIER PACIFIC INSURANCE COMPANY, a California Corporation, having Its principal office in La Jolla, California, pursuant to the following resolution, adopted by the Board of Directors of the Corporation on the 15th day of November, 1991. 'RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attomeys-in- Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, moognizances and other contracts of Indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, M the transaction of he surely 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 certiNcetlon 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 Atiomey4n-Fad.' 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: PHILIP E. VEGA LOURDES LANDA MARY J. STELZER JUDY HOFFMAN-ARNOLD Of Irvine in the state of Cal'Ifomia 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 ad and deed, without power of redelegadon, as follows: Bonds guaranteeing the fidelity, of persons holding places of public or private bust, guaranteeing the performance of contracts other than insurance policies; and executing or guaranteeing bonds and undertakings required or permitted In er actions or proceedings or by law allowed; IN AN AMOUNT NOT TO EXCEED SIX HUNDRED FIFTY THOUSAND ($650,000.00) DOLLARS; and to Mrd FRONTIER PACIFIC INSUR- ANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of FRONTIER PACIFIC INSURANCE COMPANY, and all the acts of said Attorney(s)-In-Fact pursuant to the authority herein given are hereby ratified and confirmed. 3n 'Witness 1IjttCof FRONTIER PACIFIC INSURANCE COMPANY of La Jolla, California, has caused this Power of Attorney to be signed by Its Vice President and its Corporate seal to be affixed this 7th day of APfil .19 98 . FRONTIER PACIFIC INSURANCE COMPANY DAVID E. CAMPBELL, Yee President On April 7, 1998 before me, Trove Kensle6 Notary Public, personally appeared David E. Campbell, personally known to me to be the person whose name Is subscribed to the within Instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. Witness my hand and official seal (TPE KENSLER Q Commission x 1045061 Z Z Notary Public — California Z Z San 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 certlty 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 4th day of August , 19 99 V Joseph P. Loughlin, Secretary FM 19 -5007A -FP (1187) +•• Asx rn^ jt m jf STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) DAVID E. CAMPBELL, Yee President On April 7, 1998 before me, Trove Kensle6 Notary Public, personally appeared David E. Campbell, personally known to me to be the person whose name Is subscribed to the within Instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. Witness my hand and official seal (TPE KENSLER Q Commission x 1045061 Z Z Notary Public — California Z Z San 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 certlty 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 4th day of August , 19 99 V Joseph P. Loughlin, Secretary FM 19 -5007A -FP (1187) +•• 4 Ekecuted in Triplicate TRACT NO. 14379 KNOW ALL MEN BY THESE PRESENTS: That we, SAN JUAN ENCLAVE LLC Frontier Pacific Insurance Company BOND NO. _SD00032068*_ Premium: $934.00 as Principal, and Corporation, created, organized, and existing and by virtue of the laws of the State of California , duly licensed to transact a general surety business in the State of California, as surety, are held and firmly bound to the CAPISTRANO VALLEY WATER DISTRICT, State of California, in the sum of $186,714.00 --- DOLLARS, lawful money of the United States of America, to be paid to the said District for which payment well and truly to be made we bind ourselves, our heirs, executors and successors, jointly and severally. THE CONDITION OF THE FOREGOING OBLIGATION is such that whereas the above bounden Principal has agreed to do and perform the following, to -wit: Construct and install all of the water facilities pursuant to Agreement for Construction of Water Facilities entered into on sErn2uEn 1a , 199 7 by and between CAPISTRANO VALLEY WATER DISTRICT, and SAN JUAN ENCLAVE LLC , a copy of which is attached hereto and made a part hereof. 1. As a part of the obligation secured hereby, and in addition to the face amount specked, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by Capistrano Valley Water District 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 *This bond replaces Ulico Casualty Company bond no. B97-114065 effective 9/18/99. 1 contract documents or of work to be performed thereunder. NOW, THEREFORE, the condition of this obligation is such that if the bounden Principal shall, to the satisfaction of the CAPISTRANO VALLEY WATER DISTRICT faithfully and properly perform all of the work described in said Agreement and in accordance with the plans and specifications approved for said work and shall pay all sums due for all damages suffered by said District by reason of faulty or defective work or the carelessness or negligence of said Principal and for the completion of any work not satisfactorily or properly performed in accordance with the Agreement between District and Principal, and guarantee all work for a period of one year after acceptance in accordance with said Agreement, then, at the expiration of said guarantee period, this obligation shall be null and void; otherwise to remain in full force and effect. IN WITNESS WHEREOF said Principal and Surety have caused this bond to be executed by their officers thereunto duly authorized this 4th day of August , 1199. 9 PRINCIPAL: SAN Ju" VS LLC (SEAL) By: FRONTIER PACIFIC INSURANCE COMPANY (SEAL) By: /Att n Fact, Philip E. Vega The premium on this bond is 934.00 (Executed in Triplicate) Address of Surety: 4250 Executive Square, Suite 200 La Jolla, CA 92037 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Qts &A(5 On Aya . 1-4 t Wrl , before me, it W tEtZk , NDTAJZ14 %T:L I! ) Date f� 'Name and Title of Once, (a, , "Jane Doe, Notary Public') personally appeared �th11 (2 > >rJ 0 t Names) of Signers) 4Z, ,x Place Notary Seal Above D personally known to me i9�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. � SiLiftY o 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 QlL Type of Document: Document Signer(s) Other Than Named Capacity(les) Claimed by Signer Signer's Name: L Individual ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee L] 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 TollFree1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On August 4, 1999 before me, Sheila K. McDonald, Notary Public DATE NAME. TITLE OF OFFICER - E G 'JANE DOE. NOTARY PUBLIC" personally appeared Philip E. Vega NAMES) OF SIGNERS) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. SHEILA K. MC DONALD s' (a IIr COMA. #1090412 NCTA..IY PUBLIC CALIFORNIA ORANGE COUNTY MY COMMISSION EXPIRES MARCH 15, 2000 OPTIONAL my hand and official OF NOTARY Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER T TLEISI ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL R❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE BD -1133 3/94 01993 NATIONAL NOTARY ASSOCIATION -8238 Remmet Ave.. P.O. Box 7184 -Canoga Park, CA 91309-7184 =RONTIER PJA IMIC INSURANCE COMPANY (a California Company) 4250 Executive Square, Suite 200, La Jolla, California 92037 POWER OF ATTORNEY 9now Aff Men 431j Vfjesc (presents: That FRONTIER PACIFIC INSURANCE COMPANY, a California Corporation, having its principal office in La Jolla, California, pursuant to the following resolution, adopted by the Board of Directors of the Corporation on the 15th day of November, 1991. 'RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attomeys-in- Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of Its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; 'RESOLVED, that any such Attomey-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof, said date to be not later than the date of delivery thereof by such Attomey in -Fact." This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT: PHILIP E. VEGA LOURDES LANDA MARY J. STELZER JUDY HOFFMAN-ARNOLD of Irvine , 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 end 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 INSUR- ANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duty authorized officers of FRONTIER PACIFIC INSURANCE COMPANY, and all the acts of said Attomey(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. an Witness 01jetedf FRONTIER PACIFIC INSURANCE COMPANY of La Jolla, California, has caused this Power of Attorney to be signed by its Vice President and its Corporate seal to be affixed this 7th day of April '19 98 FRONTIER PACIFIC INSURANCE COMPANY 30 7 STATE OF CALIFORNIA) `""""" COUNTY OF SAN DIEGO) DAVID E. CAMPBELL, Vice President On April 7, 1998 before me, Trove Kensler, Notary Public, personalty appeared David E. Campbell, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. Witness my hand and official seal TREVA KENSLER QCommission w 1045661 Z Zamy Notary Public — California Z ZSan Diego County 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, two 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 4th day of August ,1999 V Joseph P. Loughlin, Secretary FM 19-500PbFP (11/97( •.....1....•• Bond No. SD00032069* Premium: $397.00 MCUTED IN SUBDIVISION FAITHFUL PERFORMANCE BOND TRIPLICATE (GOVERNMENT CODE . 66499.1) WHEREAS, the City Council of the City of San Juan Capistrano, State ji California, and _ SAN JUAN ENCLAVE LLC (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereov Principal agrees to install and complete certain designated public improvements, ahici said agreement dated SEPTEMBER 18 , 1997 and made a part hereof; and WHEREAS, said Principal is required, under the terms of said agreement, ;o furnish a bond for the faithful performance of said Agreement; SANITARY SEWER - TRACT 14379 NOW, THEREFORE, we, the Principal and Frontier Pacific Insurance Company I as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of SEVENTY NINE THOUSAND FOUR HUNDRED FIFTY TWO AND NO/100--------- --� '? 9 �{^ 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 Se nul: and void; otherwise it shall remain in full force and effect. Surety waives any rights, :: there be any, to require that a demand be made first against the Principal in the event of def aul t. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the 'ace 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, ai: to be taxed as costs and included in any judgment rendered. *This bond replaces Ulico Casualty Company bond no. B97-114064 effective 9/18/99. 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 4th day of August 19_99_____, at IRVINE California. APPROVED AS TO FORA: 21�jexa/j' CITY ATTORNEY Page 2 - Subdivision Performance Bond PRINCIPAL SAN JU VE LLC (NOTARIZATION AND SEAL) INSURANCE COMPANY . Vega, Attorney -in -Fact ARIZATION AND SEAL) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of t��E On AUS I , IG99 , before me, V�lET"ZkfL , ti�VIAG2V T l)ei t CJ , Date Name and Title of Officer (e. g., "Jane Doe, Notary Publil personally appeared ❑ ersonally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and W acknowledged to me that he/she/they executed ]J LIMi the same in his/her/their authorized Carrr.ftft # 121270 capacity(ies), and that by his/her/their is Noi fti-tdWft signature(s) on the instrument the person(s), or abcou"111111, MConn6pleMar111m the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above c3.I S"1 o �Jgaatijra 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. Document Title or Type of Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — ❑ Partner — ❑ Limited ❑ Attorney in Fact Title(s): _ ❑ General ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER 0 1997 National Notary Association • 9350 De Soto Ave., P O. Box 2402 • Chatsworth, CA 91313-2402 Prod No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County Of Orange On August 4, 1999 before me, Sheila K. McDonald, Notary Public DATE NAME TITLE OF OFFICER E G 'JANE DOE. NOTARY PUBLIC" personally appeared Philip E. Vega NAMES) OF SIGNERS) x❑ personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), 'I SHEILA K. h1C DONALD 1t or the entity upon behalf of which the lOJD^12 <_ `V'�k,;�'�y)I' NCTAdi PUBLIC .CAIIPORNIA � person(S) acted, executed the Instrument. ORANGE COUNTY N 1� MY COMMISSION EXPIRES MARCH 15, 2000 WITN SS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER T TLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL R❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTIN NAME OF PERSONIS) OR ENTTTY9ES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE a0-1133 3/94 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave.. P.O. Box 7184 • Canoga Park. CA 91309-7184 Bond No_ SD00032069* 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 SAN JUAN ENCLAVE 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 SEPTEMBER 18 1997) and identified as Project SANITARY SERER - TRACT 14379 is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement; NOW, THEREFORE, we, the Principal and Frontier Pacific Insurance Company . as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of SEVENTY NINE THOUSAND FOUR HUNDRED FIFTY TWO AND NO/100--------- Dollars ($ 79.452.00--- ) 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 *This bond replaces Ulico Casualty Company bond no. B97-114064 effective 9/18/99. 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 4th day of August , 19 99 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. NOTE: Please Attach Acknowledgement and Power of Attorney 2 of 2 PRINCIPAL SAN J LLC (NOTARIZATION AND SEAL) SURE PACIFIC) INSURANCE COMPANY E. Vega, Attorney -in -Fact ARIZATION AND SEAL) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of AL -r- On A )l -j 1� , 191 , before me, W iETmk E i IVpfa2)l Oate _ Name and Title of pricer (e.9., "Jane Doe, Notary Public') personally appeared t.. «Mi. `Z u Place Notary Seal Above Name(s) of Slgnegs) Ll personally known to me Cvproved 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. LS" Signature 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 FitLor Type of Document: Document Signer(s) Other Than Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual LI Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: 9 1997 National Notary Association • 9350 De Soto Ave., PO, Box 2402 • Chatsworth, CA 91313-2402 Prod No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State Of California County of Orange On August 4, 1999 before me, Sheila K. McDonald, Notary Public DATE NAME. TITLE OF OFFICER E G "JANE DOE, NOTARY PUBLIC" personally appeared Philip E NAME(S) OF SIGNER(S) x❑ personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their _ signature(s) on the instrument the person(s), �j, y SHEILA K. MC DONALD It or the entity upon behalf of which the o� ;.all� coM�a.loeo-uz person(s) acted, executed the instrument. NCl'A,P PJBLiC CAL;FORWA v ORANGE COUNTY ro MY COMMISSION EXPlgES MARCH 15, 2000 WITNESS my hand and official OPTIONAL OF NOTARY Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 91 ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(B) OR ENTm((IE8) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE BD -1133 3/94 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 913097186 =RONTIER CIFIC"09 INSURANCE COMPANY (a California Company) 4250 Executive Square, Suite 200, La Jolla, California 92037 POWER OF ATTORNEY Rnom,iffQRcn43yVfjese'present$: That FRONTIER PACIFIC INSURANCE COMPANY, a California Corporation, having its principal office in La Jolla, California, pursuant to the following resolution, adopted by the Board of Directors of the Corporation on the 15th day of November, 1991. -RESOLVED, that the Chairman of the Board, the President, or any Vire President be, and hereby is, authorized to appoint Aftomeys-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 Anomey-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 dale 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: PHILIP E. VEGA LOURDES LANDA MARY J. STELZER JUDY HOFFMAN-ARNOLD of Irvine , in the State of California its true and lawful Aftomey(s)-in-Fad 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 aR actions or proceedings or by law allowed; IN AN AMOUNT NOT TO EXCEED SIX HUNDRED FIFTY THOUSAND (5650,000.00) DOLLARS; and to bind FRONTIER PACIFIC INSUR- ANCE COMPANY thereby as fully and to the same extent as 4 such bond or undertaking was signed by the duty authorized officers of FRONTIER PACIFIC INSURANCE COMPANY, and all the acts of said Attomey(s)-in-Fad pursuant to the authority herein given are hereby ratified and confirmed. 3n 'Witness W IjertOf FRONTIER PACIFIC INSURANCE COMPANY of La Jolla, California, has caused this Power of Attorney to be signed by Its Vice President and its Corporate seal to be affixed this day of , 19 7th April 98 FRONTIER PACIFIC INSURANCE COMPANY 'Wa 1100♦ R=1 b z: „ .� 7+ BY STATE OF CALIFORNIA) DAVID E. CAMPBELL, Vice President COUNTY OF SAN DIEGO) On April 7, 1998 before me, Treva Kensler, Notary Public, personally appeared David E. Campbell, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. Witness my hand and official seal TREVA KEN:ER Qemy Commission ,r 1045661 Z ZNotary Public - California Z ZSon Diego County Comm. Expires Nov 26, 1996 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, two 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 Seel of the Corporation this 4th day of August ,..., • , 19 99 I• CR :� •�m„e fi• Joseph P. Loughlin, Secretary FM 193nd2A.FP (1119 •` - Bond No. SD00032069* Premium: $397.00 =CUTED IN SUBDIVISION FAITHFUL PERFORMANCE BOND TRIPLICATE (COVE RN ME NT CODE . 66499.1) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and _ _SAN JUAN ENCLAVE LLC (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereov Principal agrees to install and complete certain designated public improvements, which said .Agreement dated SEPTENSER 18 1997 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; SANITARY SEWER - TRACT 14379 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 SEVENTY NINE THOUSAND FOUR HUNDRED FIFTY TWO AND 80/100 ------------- sum of 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, :- there be any, to require that a demand be made first against the Principal in the event o.- de fde f aul t. BE IT FURTHER RESOLVED - 1. As a part of the obligation secured hereby, and in addition to the `ace 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, al: to be taxed as costs and included in any judgment rendered. *This bond replaces Ulico Casualty Company bond no. B97-114064 effective 9/18/99. 4V 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 4th day of August 19 99 at IRVINE California. APPROVED AS TO FORA: CITY ATTORNEY Page 2 - Subdivision Performance Bond PRINCIPAL SAN J LLC /7' 4— (NOTARIZATION AND SEAL) SURE INSURANCE COMPANY Vega, Attorney—in—Fact ARIZATION AND SEAL) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 ss. County of f�RA�1sE J On A)E:, I--+ t ICtGG'i , before me, IErzKE I l Cn-,ApV POOL -i CJ Date n Name and Title of Officer (e g., "Jane Doe, Notary Public') personally appeared 'n0C) CJ - Cun1 t.11 Nj1 HA" Nome(s) of Signers) Place Notary Seal Above ❑ personally known to me y 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. -� ignature 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 T e of Document'. Document Date: _ Signer(s) Other Than Named Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Ll Other: Signer Is Representing: Number of Pages: © 1997 National Notary Association • 9350 De Soto Ave.. PO. Box 2402 • Chatsworth, CA 91313-2402 Prod. No 5907 Reorder. Call TollFree1-600-8]66827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State Of California County Of Orange On August 4, 1999 before me, Sheila K. McDonald, Notary Public DATE NAME. TITLE OF OFFICER E G -JANE DOE. NOTARY PUBLIC - personally appeared NAME(S) OF SIGNERIS) x❑ personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), leih. SHEILA K. IMC DONALD It or the entity upon behalf of which the 41„'} co;,l^,I.;:o9oalz person(s) acted, executed the instrument. NOTA.iY PuBL,C-CAEIFORNIA ORANGE COUNTY 0 7I MY COMMISSION EXPIRES MARCH 15, 2000 �` WITNESS my hand and official seal. SIGNATLME OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 71 ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTRY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE BD -1133 3/94 01993 NATIONAL NOTARY ASSOCIATION • 8236 Rommel Ave.. P.O. Boz 7184 • Canoga Park. CA 913094184 Bond No_ SD00032069* 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 SAN JUAN ENCLAVE 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 SEPTElIBHR 18 199_ and identified as Project SANITARY SEWER - TRACT 14379 is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement; NOW, THEREFORE, we, the Principal and Frontier Pacific Insurance Company . as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of SEVENTY MINE THOUSAND FOUR HUNDRED FIFTY TWO AND NO/100--------- Dollars ($ 79,452.00--- ) 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 *This bond replaces Ulico Casualty Company bond no. B97-114064 effective 9/18/99. 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 4th day of August , 19 99 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. NOTE: Please Attach Acknowledgement and Power of Attorney 2 of 2 PRINCIPAL SAN J LLC (NOTARIZATION AND SEAL) S INSURANCE COMPANY E. Vega, Attorney -in -Fact ARIZATION AND SEAL) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of i�A+.)La� On A)Lg . )-', lCIqq before me, I MA,RV ?l)e�L I Qj Data Name and Tale ofOff", (e.g., "Jane Doe, Notary PuNll personally appeared t�. Place Notary Seal Above `I personally known to me V 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 helshe/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. WITNESSmy hand hand and official seal. AO LAt�j0 gnature 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. Title i of Attached Document of Document: Document Date: Signer(s) Other Than Named Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General El Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: 91997 National Notary Association • 9350 De Soto Ave., P O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No 5907 Reorder. Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On August 4, 1999 before me, Sheila K. McDonald, Notary Public DATE NAME TITLE OF OFFICER - E G JANE DOE. NOTARY PUBLIC" personally appeared NAME(S) OF SIGNERISI personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their �I SHEILA K. M Dorvq, signature(s) on the instrument the person(s), a o or the entity upon behalf of which the o .�A, ar .�,°• L 1090-112 NOT-I.1comlf�. VUr3uc CALIFORNIA person(s) acted, executed the instrument. JJ °. 0':3IGE COUNTY 7I MY COMMISSION EXPIRES MARCH 15. 2000 IC WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL %❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 80-1133 3194 01993 NATIONAL NOTARY ASSOCIATION • 8236 RemmH Ave.. P.O. Box 7184 • Canoga Park, CA 913094184 =RONT/ER PACIFIC INSURANCE COMPANY (a California Company) 4250 Executive Square, Suite 200, La Jolla, California 92037 POWER OF ATTORNEY gnoroo4ff 41ten 43y VgCSe (lreSent$: That FRONTIER PACIFIC INSURANCE COMPANY, a California Corporation, having its principal office in La Jolla, California, pursuant to the following resolution, adopted by the Board of Directors of the Corporation on the 15th day of November, 1991. "RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attomeys-in- Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, reoognizances 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 APPOINT: PHILIP E. VEGA LOURDES LANDA MARY J. STELZER JUDY HOFFMAN-ARNOLD Irvine California Of , in the State of 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 persona 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 low allowed; IN AN AMOUNT NOT TO EXCEED SIX HUNDRED FIFTY THOUSAND (5650,010.00) DOLLARS; and to bind FRONTIER PACIFIC INSUR- ANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duty authorized officers of FRONTIER PACIFIC INSURANCE COMPANY, and all the acts of said Attorney(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. 3n 'Witness OliCre0f FRONTIER PACIFIC INSURANCE COMPANY of La Jolla, California, has caused this Power of Attorney to be signed by its Vice President and its Corporate seal to be affixed this day of , 19 7th April 98 FRONTIER PACIFIC INSURANCE COMPANY iVBYk S STATE OF CALIFORNIA) ,,,,,,,;,,,,,,, ` DAVID E. CAMPBELL, Vice President COUNTY OF SAN DIEGO) On April 7, 1998 before me, Treva Kensler, Notary Public, personally appeared David E. Campbell, personally known to me to be the person whose name is subscribed to the within Instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal TREVA KENSLER Q Commission ♦ 1045661 Z Z Notory Public —California D Z San 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 tttat the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect. IN WITNESS WHEREOF, 1 have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seat of the Corporation this 4th day of August ,1999 /y/r f�` y„IM•��M1ii is �a= S,5 4,rw Ii 3 Joseph P. Loughlin, Secretary FM 19.5002A.FP (11/97)"^•.,,,,: Bond No. SD00032074* Premium: $585.00 EXECUTED IN SUBDIVISION FAITHFUL PERFORMANCE BOND TRIPLICATE (GOVERNMENT CODE . 66499.1) WHEREAS, the City Council of the City of San Juan Capistrano, State �f California, and _ SAN JUAN ENCLAVE LLC (hereafter designated as "Principai"), have entered into a Subdivision Agreement whereoy Principal agrees to install and complete certain designated public improvements, which said Agreement dated cwwMrNBER 18 19 97 and made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, furnish a bond for the faithful performance of said Agreement; LANDSCAPING Tract 14379 NOW, THEREFORE, we, the Principal and Frontier Pacific Insurance Company as Surety, are held firmly bound unto the City of San Juan Capistrano r�afs cb�-__Qp��j, in the sum of ONS HUNDRED SIXTEEN THOUSAND NINE i# IIS, tc� 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 Principai shall promptly and faithfully perform said improvements, then the obligation shall Se null and void; otherwise it shall remain in full force and effect. Surety waives any rights, :f 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 !ace 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, ail to be taxed as costs and included in any judgment rendered. *This bond replaces Ulico Casualty Company bond no. B97-114066 effective 9/18/99. 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 4th day of August 19 99 at IRVINE . California. APPROVED AS TO FORA: CITY ATTORNEY Page 2 - Subdivision Performance Bond PRINCIPAL SAN J VE LLC (NOTARIZATION AND SEAL) S INSURANCE COMPANY .tip E. Vega, Attorney -in -Fact ARIZATION AND SEAL) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Owir ur_ OnAll (-T Iga"I , before me, !I. �IETZk.E f �l7fAQV t'UF7UC-� Date r _ Name and Title of 0i icer (e. g., "Jane Due NotaryPublic') personally appeared ❑ personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. CJ.1ASh1 Place Notary Seal Above � gnfature 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 Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Abov . Capacity(ies) Claimed by Signer Signer's Name: _ ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Panner — ❑ 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 913132402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-878-682] CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On August 4, 1999 before me, Sheila K. McDonald, Notary Public DATE NAME. TITLE OF OFFICER E G JANE DOE. NOTARY PUBLIC" personally appeared Philip E. Vega NAMES) OF SIGNERS) O personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their _ signature(s) on the instrument the person(s), SHEILAK. MC DONALD or the entity upon behalf of which the COMM. #1090412 z person(s) acted, executed the instrument. NOTAIiY PUBLIC�CALIFORNIA J`- ORANGE COUNTY N 11 MY COMMISSION EXPIRES MARCH 15, 2000 I� WITNESS my hand and official seal. JIliva2:L / Zd SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL x❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTRY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE BD -1133 3/94 01993 NATIONAL NOTARY ASSOCIATION • 9236 Remmet Ave.. P.O. Box 7184 • Canoga Park, CA 91309-7184 Bond No. SD00032074* 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 SAN JUAN ENCLAVE 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 SEPTffiSEER 18 19 97 and identified as Project LANDSCAPING - TRACT 14379 is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement; NOW, THEREFORE, we, the Principal and Frontier Pacific Insurance Company , as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of ONE HUNDRED SIXTEEN THOUSAND NINE HUNDRED AND NO/100 -------------------- Dollars ($ 116,900.00---- ) 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 therei-i 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 *This bond replaces Ulico Casualty Company bond no. B97-114066 effective 9/18/99. Iof2 The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the 4th day of August . 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. AS TO K. UNHALTER, CITY NOTE: Please Attach Acknowledgement and Power of Attorney 2 of 2 PRINCIPAL SAB vR LLC (NOTARIZATION AND SEAL) COMPANY PhiliplE. Vega, Attorney -in -Fact RIZATION AND SEAL) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of 02tviL-)F On 1-4 199q, before me, --I , U �TZkE N AR` 1 ) Date / Name and Title of Officer (e.g.,'Jane Doe, Notary Public') personally appeared L7 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. j . &X*10 Place Notary Seal Above gnature 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. of Attached Document Type of Document: Document Signer(s) Other Than Capacity(les) Claimed by Sign 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 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No 5907 Reorder. Call Toll -Free 1-800-8]6682] CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On August 4, 1999 before me, Sheila K. McDonald, Notary Public DATE NAME. TITLE OF OFFICER ED 'JANE DOE. NOTARY PUSLO' personally appeared NAME(S) OF SIGNER(S) D personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), SHEILA K. MC DONALD �t or the entity upon behalf of which the o ILS o COMM. ;p 1090412 CV.4" NOTARY PUBLIC -CALIFORNIA person(s) acted, executed the instrument. J ORANGE COUNTY 0 7I MY COMMISSION EXPIRES MARCH 15, 2000 i` WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL %❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE SO -1133 3/94 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave.. P.O. Box 7184 - Canoga Park, CA 91309-7184 =RONT/ER PACIFIC INSURANCE COMPANY (a California Company) 4250 Executive Square, Suite 200, La Jolla, California 92037 POWER OF ATTORNEY Know Aff (Men 43y Vfjese ()resents: 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 at November, 1991. 'RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attomeys-in- Fact to represent and act for and on behalf of the Company to execute bonds, undertalongs, 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 shell 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 foregdrg resolub" 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 Attomey4ri-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: PHILIP E. VELA LOURDES LANDA MARY J. STELZER JUDY HOFFMAN-ARNOLD Of Irvine , in the state of California its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred in No name, place and stead to sign, execute, acknowledge and dsilver 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 Man insurance prtNdes; and executing or guaranteeing bonds and undertakings required or permitted In se actions or proceedings or by law allowed; IN AN AMOUNT NOT TO EXCEED SIX HUNDRED FIFTY THOUSAND (5850,000.00) DOLLARS; and to bind FRONTIER PACIFIC INSUR- ANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly autlodzed officers of FRONTIER PACIFIC INSURANCE COMPANY, and all the acts of said Attorney(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. 3n 'Witness 01jereof FRONTIER PACIFIC INSURANCE COMPANY of La Jolla, California, has cawed No Power otAtomey to be signed by its Vice President and its Corporate seal to be affixed this 7th day of A01 t9 98 FRONTIER PACIFIC INSURANCE COMPANY i f.•w ixiuy�•. n\ L/ a,xra^ tis BY: '"• STATE OF CALIFORNIA) """'."•^"". DAVID E. CAMPBELL, Vice President COUNTY OF SAN DIEGO) On April 7, 1998 before me, Trove Kensler, Notary Public, personally appeared David E. Campbell, personality known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same In his authorized capacity. and that by his signature on the Instrument the person(s), or the entity upon behall of which the penaon(a) ectad, executed the keWmrxtt. Witness my hand and official seal TREVA N.Ell Commission r 1045667 Z Z Nofary Public —California D Z San Diego County My Comm. Expires Nov. 26. 7998 CA� �4�/ - Signature of Aotary Corporation Acknowledgement I, the undersigned, Joseph P. Loughlin, Secretary of FRONTIER PACIFIC INSURANCE COMPANY, do hereby fly to the original POWER OF ATTORNEY, of which the foregoing is a full, true and oorect copy, is in full torte and effect IN WITNESS WHEREOF, I have hereunto subscribed my name as Joseph P. Loughlin, Secretary, are affixed the Corporate Seal of the Corporation this 4th day of August,1999 Joseph P. Loughlin, Secretary FMi&5e02A-FP(11N7) .... "'� Bond No. SD00032074* Premium: $585.00 EXECUTED IN SUBDIVISION FAITHFUL PERFORMANCE BOND TRIPLICATE (GOVERNMENT CODE . 66499.1) WHEREAS, the City Council of the City of San Juan Capistrano, State if California, and SAN JUAN ENCLAVE LLC (hereafter designated as "Principai'), have entered into a Subdivision Agreement whereoy Principal agrees to install and complete certain designated public improvements, Which said ,Agreement dated gVPTFHBER 18 19 97 and made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, furnish a bond for the faithful performance of said Agreement; LANDSCAPING Tract 14379 NOW, THEREFORE, we, the Principal and Frontier Pacific Insurance Company , as Surety, are held firmly bound unto the City of San Juan Capistrano reafAtl% NrrAl1l__:Qp(,4WL in the sum of ONE HUNDRED SIXTEEN THOUSAND NINE 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 nul! and void; otherwise it shall remain in full force and effect. Surety waives any rights, :: 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 `ace amount specified, there shall be included costs and reasonable expenses and fees, inc!uding reasonable attorney's fees, incurred by City in successfully enforcing such obligation, al.' to be taxed as costs and included in any judgment rendered. *This bond replaces Ulico Casualty Company bond no. B97-114066 effective 9/18199. 2. Said Surety, for value received, hereby stipulates and agrees that io 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 4th day of _ August L9 99____, at IRVINE ,California. APPROVED AS TO FORM: CITY ATTORNEY Page 2 - Subdivision Performance Bond PRINCIPAL sax au vg I.I.c (NOTARIZATION AND SEAL) S C INSURANCE COMPANY / E. Vega,- Attorney -in -Fact ARIZATION AND SEAL) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Oa.A�IL�E ss. On _4Aa V, 1-4 ( 1, before me, WtET 7 IVCSfAfLV l7t]BI I C� , Data Name and Title of Officer (e.g., 'Jane Doe, Notary Public ) personally appeared I COD S . Cinlrllnit-tF �fyi Names) of Slgner(si personally known to me C✓I 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. AIS� l Place Notary Seal Above Qiplhatum 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 Title9_Type of Document Document Date. Signer(s) Other Than Named Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): Ci Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing: Number of Pages: 1997 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313-2402 Prod No. 5907 Reorder. Call Toll -Free 1-800-876.6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County Of On August 4, 1999 before me, Sheila K. McDonald, Notary Public DATE NAME TITLE OF OFFICER . E G 'JANE DOE. NOTARY PUBLIC' personally appeared NAME(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their - signature(s) on the instrument the person(s), SHEILA K. MC DONALD or the entity upon behalf of which the p s-�� COMM. #1090412 "> NOTA:iYPuGiIC -CALIFORNIA person(s) acted, executed the instrument. o J �e Z ORANGE COUNTY N 1 MY COMMISSION EXPIRES MARCH 15, 2000 WITNESS my hand and official seal- ( J�IE L&22Z� SIGNATII E OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER rITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTRY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 60-1133 3/94 01993 NATIONAL NOTARY ASSOCIATION • 6236 Ae rrat Ave.. P.O. Boz 7184 • Canoga Park, CA 91309-7184 Bond No. SD00032074* 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 SAN JUAN ENCLAVE 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 SEPTEKBER 18 19 9� and identified as Project LANDSCAPING - TRACT 14379 is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement; NOW, THEREFORE, we, the Principal and Frontier Pacific Insurance Company as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of ONE HUNDRED SI%TEEN THOUSAND NINE HUNDRED AND NO/lOO -------------------- Dollars ($ 116,900.00---- ) 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 *This bond replaces Ulico Casualty Company bond no. B97-114066 effective 9/18/99. 1of2 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 4th day of August 19 99 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. NOTE: Please Attach Acknowledgement and Power of Attorney 2 of 2 PRINCIPAL S" LLC (NOTARIZATION AND SEAL) INSURANCE COMPANY P E. Vega, Attorney -in -Fact ARIZATION AND SEAL) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Q2aniL-�E On A)-4 . L-1. before me, VJ nETZ , NDTAaq _t 'L� , Date —Tr Name and Title of Officer (e. g., "Jane Doe, Notary Public") personally appeared—7~LXX�l S (%ADIA tJii .An"A Nami of Signerni ❑ personally known to me F--Kproved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare 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 T. 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. J -1.Si/? k 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 e -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: Top of thumb here 1997 NaUonal Notary AseociaUon • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313-2402 Prod. Na. 5907 Raomer. Call TellF.1-800 876.6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On August 4, 1999 before me, Sheila K. McDonald, Notary Public DATE NAME. TITLE OF OFFICER - E G 'JANE DOE. NOTARY PUBLIC - personally appeared NAM£IS) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their SHEILA K. MC DONALD signature(s) on the instrument the person(s), COMM. # 1090412 I or the entity upon behalf of which the NOTA-,Y PJOLIC-CALIFORNIA � person(s) acted, executed the instrument. ORANGE k;DUNTY N ]I MY COMMISSION EXPIRES MARCH 15, 2000 WITNESS my hand and official se I. � SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(%OR ENTITY(IE% DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE so -1133 3/94 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave.. P.O. Box 7184 - Canoga Park, CA 91309-7184 =RONT/ER PACIF'C9 INSURANCE COMPANY (a California Company) 4250 Executive Square, Suite 200, La Jolla, California 92037 POWER OF ATTORNEY 9nowAffQRen41yVryCS¢VresentS: 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 at Directors of the Corporation on the 15th day of November, 1995. "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 Attomey or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; 'RESOLVED, that any such Aftomey-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-Fad.' 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. PHILIP E. VEGA LOURDES LANDA MARY J. STELZER JUDY HOFFMAN-ARNOLD Irvine California of , in the State of 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 ad 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 M 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 INSUR- ANCE COMPANY thereby as hAy and to the same extent as if such bond or undertaking was signed by the duty authorized officers of FRONTIER PACIFIC INSURANCE COMPANY, and all the acts of said Attomey(s)-in-Fad pursuant to the authority herein given are hereby ratified and confirmed. 3n 'Witness VIjjtrcOf FRONTIER PACIFIC INSURANCE COMPANY of La Jolla, California, has caused this Power of Attorney t0 be signed by its Vice President and its Corporate seal to be affixed this 7th day of April .19 98 FRONTIER PACIFIC INSURANCE COMPANY i tI STATE OF CALIFORNIA) •"`` DAVID E. CAMPBELL, Vice President COUNTY OF SAN DIEGO) on April 7, 1998 before me, Trove Kensler, Notary Public, personally appeared David E. Campbell, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal TREVA l(ENSLER Commission * 1045661 Z ZNotary Public — California Z Z&MVC San Diego County omm. 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 4th day of August,Nt ,1999 Joseph P. Loughlin, Secretary FM 19.4002bFP (1197) ""^ CONTRACT BOND — CALIFO 'A FAITHFUL PERFORMANCE — PUBLIC WORK EBECUTED IN TRIPLICATE Bond No. SD00032073* Initia: !r•r^;t:m charged for this bona .s $ 100.00 subject to adjust- ment upon compieuon of contract at appli- cable rate on final contract price. KNOW ALL MEN BY THESE PRESENTS, that SAN JUAN ENCLAVE W MISSION VIEJO, CALIFORNIA 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 herd and firmly bound unto the City of San Juan Capistrano, in the sum of THIRTEEN THOUSAND TWO HUNDRED AND NO/100--------- Dollars ($ 13,200.00--------- ), 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 SEPTEMBER 18 , 19 97 with the City of San Juan Capistrano to do and perform the following work, to wit: Subdivision Monuments for TRACT 14379 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 4th day of August 19 99 APPROVED AS TO FORMS City Attorney SAN JUAN ENCLAVE LLC Principal ay Vega, Attorney -in -Fact VOTE: Acknowledgements of execution of Principal and Surety must be attached. *This bond replaces Ulico Casualty Company bond no. 897-114067 effective 9/18/99. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ��_ `' I ss. County of t��sag On A3b . 1 a t (`taq , before me, NMAQq I Date _ Name and Title of Offioer (a.9., "Jane Doe, Notary Public) personally appeared Place Notary Seal Above V❑ ersonally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. I"/) 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'. C Individual ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited Ll General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER 11 0 1997 National Notary Association • 9350 De Solo Ave.. PO. Box 2402 • Chatsworth, CA 91313-2402 Prod. No 5907 Reander: Call Toll -Free 1-800-87"827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State Of California County Of Orange On August 4, 1999 before me, Sheila K. McDonald, Notary Public DATE NAME. TITLE OF OFFICER E G "JANE DOE. NOTARY PUBLIC' personally appeared Philip E. Vega NAMEIS) OF SIGNER(S) O personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), jl SHEILA K. MC DONALD I'� or the entity upon behalf of which the N a`2 coMM. #ioeoatz person(s) acted, executed the instrument. - �� NOTA,(Y PUBLIC -CALIFORNIA r7 ORANGE COUNTY N ? ve 8, 4, d it MY COMMISSION EXPIRES MARCH 15, 2000 WITNESS my hand and official seal. SIGNATURE Of NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTII• NAME OF PERSON(51 OR ENTrrYpES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE BD -1133 3/94 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 =RONTIER PACIFIC INSURANCE COMPANY (a California Company) 4250 Executive Square, Suite 200, La Jolla, California 92037 POWER OF ATTORNEY nomolCf411en43y�fj¢5¢ 1T¢S¢rit5: 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 - Fad 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 At orrrey 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 rasped to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; 'RESOLVED, that any such Attomey-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof, said date to be not later than the date of delivery thereof by such Attomey-in-Fact' This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT; PHILIP E. VEGA LOURDES LANDA MARY J. STELZER JUDY HOFFMAN-ARNOLD Irvine California of , in the State of its true and lawful Attomey(s)-in-Fact with fug 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 then insurance policies; and executing or guaranteeing bonds and undertakings recluked or permitted in ag 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 INSUR- ANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of FRONTIER PACIFIC INSURANCE COMPANY, and all the acts of said Attomey(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. dh WItnCSS 'AliJere0f FRONTIER PACIFIC INSURANCE COMPANY of La Jolla, California, has caused this Power of Attorney to be signed by Its Vice President and its Corporate seal to be affixed this day of , 19 7th April 98 FRONTIER PACIFIC INSURANCE COMPANY F d W :,unzse t_ j' Oet; S-' BY: „`, • ,w,..� DAVID E. CAMPBELL, Vice President STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) On April 7, 1998 before me, Trays Kensler, Notary Public, personally appeared David E. Campbell, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal TREVA KENSLER C Commission ♦ 1045661 Z Z Notary PubliC — California Z Z San Diego County My Comm. Expires Nov. 26. 1948 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, two 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 4th day of August .19 99 ji •,• Q r / 2 °•,„w+' Joseph P. Loughlin, Secretary FM 19 -5003A -FP (11/97) CONTRACT BOND — CALWO 'A FAITHFUL PERFORMANCE — PUBLIC WORK EXECUTED IN TRIPLICATE Bond No. SD00032073* Initial ire--icm charged for this bona .s $ 100.00 subject to adjust- ment upon completion of contract at appli- cable rate on final contract price. KNOW ALL NEN BY THESE PRESENTS, that SAN JUAN ENCLAVE Lif MISSION VIEJO, CALIFORNIA 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 �e:d and firmly bound unto the City of San Juan Capistrano, in the sum of THIRTEEN THOUSAND TWO HUNDRED AND NO/100--------- 13,200.00--------- Dollars ($ ), 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 SEPTEMBER i8 . 19 97 with the City of San Juan Capistrano to do and perform the following work, to wit. Subdivision Monumentsfor TRACT 14379 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 4th APPROVED AS TO FORMS City attorney day of August l9 99 SAN JUAN ENCLAVE LLC Principal By FRONT PA C INSURANCE COMPANY Vega, Attorney -in -Fact NOTE: Acknowledgements of execution of Principal and Surety must be attached. *This bond replaces Ulico Casualty Company bond no. B97-114067 effective 9/18/99. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of �n1L-1E On �j� _ I ff ci , before me, SIV DrAt2V R)R:kI Qj, Date Name and Title of Officer (e.9., "Jane Doe, Ni Public") personally appeared ��[]X� CJ . f�i 1J NMA Name(s) of Signer(s) Place Notary Seal Above ❑ personally known to me V 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 signatures) 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. ' azure o5 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 Titlii of Document: Document Date: _ Number of Pages: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: _ El Individual Top of thumb here L Corporate Officer—Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other'. Signer Is Representing: r, 1997 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313-2402 Prob. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State Of California County of Orange On August 4, 1999 before me, Sheila K. McDonald, Notary Public DATE NAME. TITLE OF OFFICER E G 'JANE DOE. NOTARY PUBLIC - personally appeared Philip E. Vega NAME(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their SHEILA MC Dt signature(s) on the instrument the person(s), �I cDMM. K. ��losoat2ONALD or the entity upon behalf of which the NOTA0 PUBC-CALIFORNIA p person(s) acted, executed the instrument. Z v- ORANGE' COUNTY MY COMMISSION EXPIRES MARCH 15. 2000 it WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE BD -1133 3/94 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave.. P.O. Box 7184 • Canoga Palk, CA 91309-7184 =RONTIER ir=JACIFI INSURANCE COMPANY (a California Company) 4250 Executive Square, Suite 200, La Jolla, California 92037 POWER OF ATTORNEY Rnoro,AUC(Men 93yVfjese(present$: That FRONTIER PACIFIC INSURANCE COMPANY, a California Corporation, having its principal office in La Jolla, California, pursuant to the following resolution, adopted by the Board of Directors of the Corporation on the 15th day of November, 1991. "RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attomeys-in- Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; 'RESOLVED, that any such Attomey-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof, said date to be not later than the date of delivery thereof by such Attomey-in-Fact.' This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT: PHILIP E. VEGA LOURDES LANDA MARY J. STELZER JUDY HOFFMAN-ARNOLD Irvine California of , in the Stale of 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 redelegahon, as follows: Bonds guaranteeing the fidelity of persons rolling 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 aft 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 INSUR- ANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of FRONTIER PACIFIC INSURANCE COMPANY, and all the acts of said Attomey(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. do Witness 01jere0f FRONTIER PACIFIC INSURANCE COMPANY of La Jolla, California, has caused this Power of Attorney to be signed by its Vice President and its Corporate seal to be affixed this day of , 19 7th April 98 FRONTIER PACIFIC INSURANCE COMPANY r ern,. a�•�a �� < BY: STATE OF CALIFORNIA) DAVID E. CAMPBELL, Vice President "'"""""""�� COUNTY OF SAN DIEGO) On April 7, 1998 before me, Treva Kensler, Notary Public, personally appeared David E. Campbell, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal -------------- EVA _:ER Q Commission M 1045661 Z Z Notary Public —California D Z San Diego County ~ MV Comm. Expires Nov 26. 1996 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, two 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 4th day of August , 19 99 4 `Nnor•�' Joseph P. Loughlin, Secretary f FM 19 -5002A -FP (1197) •"'•. -