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1996-0110_TAYLOR WOODROW HOMES_Bond Release REVISION32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 4931053 FAX www.sanjtiancapistrano.org December 5, 2007 American Insurance Company 777 San Marin Drive Novato, CA 94998 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO DR. LONDRES USO Re: REVISION OF RELEASE OF BOND: Bond No. 11133221736 — Taylor Woodrow Homes California Limited: Area D-2, Tract 13437, San Juan Hills, Bridges Dear Sir or Madam: Our original letter dated December 4, 2007 incorrectly showed the amount of $10,277.00 for Bond No. 11133221736 concerning Taylor Woodrow Homes California Limited: Area D-2, Tract 13437, San Juan Hills, Bridges. The correct amount is as follows: BOND NO. PURPOSE 11133221736 Certain public improvements (bridges) you I ave #hy questions, please do not hesitate to call me at (949) 443-6308. tours, y Cler Enclosures as noted AMOUNT $1,141,900.00 cc: (Letter copy only) James Ganion, Esq., Ulich and Terry, 4041 MacArthur Blvd, Ste 500, Newport Beach, CA 92660, Nasser Abbaszadeh, Engineering & Building Director; Sam Shoucair, Senior Engineer San Juan Capistrano: Preserving the Past to Enhance the FutuV OF �� Prinletl on 100°'o recycled paper I r CO /• - r tU ,41 .... f m ,�mo$Vr LI tIl Postage $ 0 Certified Fee r -I O Return Recelpt Fee Postmark He. C3 (Endorsement Required) C3 Restricted Delivery Fee (Endorsement Required) O NTotal Postage & Fees •�:.1�N� �� . a. PS Poen 3800. Auou.t 2006 Sec Ipvcoo 4x Insiructons 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949)493-1171 (949)493-1053 FAx www.sanjuancapistrano.org December 4, 2007 American Insurance Company 777 San Marin Drive Novato, CA 94998 MEMBERS OF THE CITY COUNCIL SAMALLEVATO THOMAS W. HRIBAR MARK NEILSON JOE SOTO DR_ LONDRES USO Re: Release of Bond: Bond No. 11133221736 — Taylor Woodrow Homes California Limited: Area D-2, Tract 13437, San Juan Hills, Bridges Dear Sir or Madam: This letter is to inform you that the following bond issued for Taylor Woodrow Homes California Ltd for installation and completion of certain designated public improvement, pursuant to an agreement dated December 21, 1995 is released as of October 23, 2007, pursuant to City Council action - Resolution No. 07-10-02-01. BOND NO. PURPOSE AMOUNT 11133221736 Certain public improvements (bridges) $10,277.00 The City of San Juan Capistrano hereby fully and forever releases and discharges American Insurance Company from any and all liability under the abovementioned bond number. The original released document is enclosed. If you have any questions, please do not hesitate to call me at (949) 443-6308. Very truly yours, V � Me Mon han, MMC as noted cc: (Letter copy only) James Ganion, Esq., Ulich and Terry, 4041 MacArthur Blvd, Ste 500, Newport Beach, CA 92660, Nasser Abbaszadeh, Engineering & Building Director; Sam Shoucair, Senior Engineer San Juan Capistrano: Preserving the Past to Enhance the Future CJA• P,inted on 1w% ,ecycled paper i : tUBDIVISION FAITHFUL PERFORMANCE BOND (GOVER.NMENT CODE °66499.6 . Bond 17o.: 11133221736 Premium: $10,277.00 WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Taylor Woodrow Homes California Ltd. (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 December 21 19 95 , 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 Thei American Tnsuranra Cony . as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of One million one hundred forty one thousand nine hundred & 0/ion Dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Area D-2 Tract 13437 (known as "San Juan Hills") BRIDGES 'c,r Lr.' y �u. 'f. :�,,.,y,"�y'+"�v.�7`A5 .r .._ 2. = �ud5ureMor,valueaeoei`ve eb sti tes nd agce— % a°w 2T no change, extension of tune,<alteration; o }trto�cficati�n pc txhe work to be performed thereunder, shall m any way'affeet tts obCgauons or-Lfis.to nd,-and it does hereby waive notice of any such change, extension of time, `a[teFa- uon, or modification of the contract documents or of work to be performed thereunder. Executed this 10th day of January 1996 , at San Francisco California. APPROVED AS TO FORM: CITY ATTORNEY PRINCIPAL Jeffr Prosto Vice President operations Taylorlko,006w Homes California Ltd. (NOTARIZATION AND SEAL) SURETY.�F,bfford, he American Insurance � �- [.v� Lisa Attorn -Fact (NOTARIZATION AND SEAL) Page 2 - Subdivision Performance Bond #11133221736 Area D-2 Tract 13437 (known as "San Juan Hills") $VIBES CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of California San Francisco On January 10, 1996 before me, Martha M.G. Scholl, Notary Public DATE NAME, ME OF OFFICER - E.G.,-JANE DOE, NOTARY PUBLIC - No. 5907 personally appeared Lisa B. Wofford NAME(S) OF SIGNERS) ' personally known to me - OR 9 proved to Fne-en-the basis of safisfa�� - to be the personX whose namep6 is/ere subscribed to the within instrument and ac- knowledged to me that_46/she/they executed the same in fyWher/their authorized capacity(iW, and that by_t"/her/th�r signature(,Won the instrument the person(s), or the entity upon behalf of which the personO acted, executed the instrument. _ MARTHA M.G.SCHOLL COMM. # 1040294 a WITNESS my hand and official seal. NOTARY PUBLIG('AIFORNIA o IL SAN FRANCISCO CI My Comm. Expires Nov. 4 4,, 19 1998 SIGNATURE OF NOTARY Martha M.G. Scholl 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 TITE(S) ❑ PARTNER(S) ❑ uMITED ❑ 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 01993 NATIONAL NOTARY ASSOCIATION -8236 Remmet Ave., P.O. Box 7184 -Canoga Park, CA 91309-7184 AliaD r THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomestiated to the State of Nebraska on lune 1, 1990, and having its principal office in the County of Marin, State of Califomia, has made, constituted and appointed, and does by these presents make, constitute and appoint ALAN S H I RE K AND LISA B. WOFFORD, jointly or severally SAN Fj&,NCISO A its true and U Attom s}ia-�act, with full power and authority herebyconferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recogoizaams or other written obligation in the nature thereof -------------------------------- and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming an that the said Attorney(s) ie Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VD. Appointment and Authorfry of Resident Seereraries, Attorneys -fn -Fact and Agents to accept legal Process and MakeAppeannas. Settion 45. AppoiNment. The Cbairsoan of the Board of Directors, the President, any Vice -President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Via-Presideat may, from time to time, appoint Resident Assistant Secretarial and Attorneys -In -Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 46. Authorfly. The authority of such Resident Assistant Secretaries, Attorneys -In -Fact and Agents shall be as prescribed In the Instrument evidencing thelroppotufmeal. Any such appointment and all authority granted thereby may be revoked at anytime by the Board of Directors or by any person empowered to slake such appointment:' . This power of attorney is signed aced sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31 st day of July, 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Via -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attomey, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attomM any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate seal to be hereunto affixed this 17th day of November '1994 . 'F:•,. .-�:" •+, THF AMERICAN INSURANCE COMPANY By Vts•Pteddcot STATE OF CALIFORNIA as. COUNTY OF MARIN Onthis 17th dayof November ly a 94 before me personally came M. A.Mallonee to me known, who, being by me duly sworn, did depose and say: that 6e is Via -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the sal of said Corporation; that the sal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herdn first above written. OFFICIAL NOTARY SEAL , A. KRIEGER ,-s Notary Pudk—CaBfomia •arrr Putute MARIN COUNTY My Comm. Exp. MAR 20.1995 CERTIFICATE STATE OF CALIFORNIA I . COUNTY OF MAR1N I, the undersigned, Resident Assistant SeaetaryofTHE AMERICAN INSURANCE COMPANY. a NEBRASKA Corporation. DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full fora and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth In the Power of Attorney, are now in fora. Signed and scaled at the County of Marin. Dated the 10th dayof January �•5 5•t�byr� rWa � aeueml Artiaant Seenary City Clem /i // vv -vv v - - - ---- -- City of Sary U C strano, CA (GOVERNMENT CODE, SECTION 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Tavlor Woodrow Homes California Ltd. (hereinafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain ddsignated improvements which said Agreement, dated December 21 , 1995 and identified as Project Area D-2 Tract 13437 (known as San Juan Hills) 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 The Anerican 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 million one hundred forty one thousand nine hundred & 0/100 Dollars ($_1.141.900.00 ) 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 ` t- 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 1 of 2 BRIDGES 1 T � 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 jbe 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 10th day of January r 19_96.j the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. NOTE: Please Attach Acknowledgement and Power of Attorney PRINCIPAL Je� Prostor, ftimV President Operations C:6 Taylor tLdrw Homes California Ltd. (NOTARIZATION AND SEAL) SURETY American Insurance y ffc Lisa . Wofford At -in-Fact (NOTARIZATION AND SEAL) 2 of 2 [1RDGES Area D-2 Tract 13437 (known as "San Juan Hills") -GENERAL ER OF ; TR'ORRNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the County of Marin, State of California, has made, constituted and appointed, and does by these presents make, constitute and appointALAN SHIRER AND LISA B. WOFFOR�RppD, jointly or severally its true IiwfufAnomey(s}Oim-FaAct, with full power and authority hereby conferred in its name, place and stad, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recognizances or other written obligations in the nature thereof — — — — --- ------ and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. 'Article VII. Appointment and Authority of Resident Seeretades, AHomeys4ii-Fact and Agents to accept Legal Process and Make Appearances. Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vice -President or any other person authorized by the Board of Dheeton, the Chairman of the Board of Directors, the President or soy Vice -President may, from time to time, appoint Resident Assistant Secretaries and Atiorneys4n-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal proem and make appearances for and on behalf of the Corporadoo. Section 46. Authadty: The authority of such Resident Assistant Secretaries, Attorneys -In -Fact and Agents shall be as prescribed In the instrument evidencing Weirappolutment. Any such appointment and all authority granted thereby may be moked at any time by the Board of Directors orby any person empowered to make such appointment!' This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 3lst day of July. 1984. and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vire-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power otattomey, an any revocation of any power of attomey, or on my certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation!' IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate seal to be hereunto affixed this 17th day of November , 1914_. THE AMERICAN INSURANCE COMPANY it• •�f ii G .q„Som+,_ By rix-Rts4mt STATE OF CALIFORNIA l as COUNTY OF MARIN I On this 17th day of November 1994 ,before mepersonally came M. A.Mallonee to me known, who, being by me duly sworn, did depose and say: that be is Vice -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his time thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. ..... - OFFICIAL NOTARY SEAL ' A. KRIEGER .'s Nobly Puddle—California uWy Public MARIN COUNTY My Comm. Exp. MAR 20.1995 CERTIFICATE STATE OF CALIFORNIA l ss COUNTY OF MARIN 1 I. the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY,a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OFATTORNEY remains in full fora and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and sealed at the County of Marin. Dated the 10th day of January . 19 _26L. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On January 10, 1996 before me, Martha M.G. Scholl, Notary Public DATE NAME, TITLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC personally appeared Lisa B. Wofford NAME(S) OF SIGNER(S) ® personally known to me - OR - 9 pfeved t.rFne basis of satisfadeF --��o., to be the person ,(4 whose name;(4 is/am subscribed to the within instrument and ac- knowledged to me that hWshe/ttaey executed the same in tWher/thierr authorized capacity(ias), and that by-W-a/her/t1:1"r signatureKon the instrument the person(e), or the entity upon behalf of which the person(?) acted, executed the instrument. _ MARTHA M.G.SCHOLL COMM. fi 1040294 8 NOTARY PUBLICCALIFORNIA WITNESS my hand and offi - 'al seal. SAN FRANCISCO COUNTY � I \ I ` My Comm. Expires Nov. 4, 1998 SIGNATURE OF NOTARY Martha M.G. Scholl No. SW7 OPTIONAL IIIIIIIIIIIM 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 TRLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSp!(S) OR ENnfYPES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION -8236 Remmet Ave., P.O. Box 7184- Canoga Park CA 91309.7184 A in MEMORANDUM October 22, 2007 TO: Maria Morris, Deputy City Clerk FROM: Sam Shoucair, Senior Engineer SUBJECT: Tract 13437 and 13436, San Juan hills / Taylor Woodrow Homes, Bond release Please release the original Taylor Woodrow bond No. 111 332 217 36 for $1,141,900.00 for the La Novia Bridge improvements, associated with the development of the subject project. This release is in accordance with City Council Resolution No. 07-10-02-01 between the City and San Juan Hills / Taylor Woodrow Homes, executed on October 2, 2007. Attachment: Recap of October 2, 2007- Item # 10 of City Council Meeting. cc: John Shaw i a RECAP: City of San Juan Capistrano October 2,-2007 Page: 5 9. Copsideration of Agreement for Civil Engineering Services for the High West Side Pipeline Project (CIP No. 793), Recycled Water Pipelines (CIP No. 755), ands Recycled Water Pressure Reducing Stations (CIP No. 785) (PSOMAS) (600.30): Personal services agreement for civil engineering services for the High West Side Pipeline Project, Recycled Waterlines Project, and Recycled Water Pressure Reducing Valve Project with PSOMAS, in the amount of $431,915, approved with the following revisions: a) Exhibit A needs to be properly labeled; and b) Section 3.2 Rate Schedule — the following sentence to be, added at the end of the paragraph. "Not 10. Proposed Settlement Agreement/Subdivision Tract 13436 (Lomas San. Juan Planned Community)(S. I Hills)(Taylor Woodrow Homes, Inc.)(Lusk Company)(600.30): Resolution No. 07-10-02-01 adopted approving a teritination and settlement agreement and mutual releases and taking other actions relating to cost apportionment obligations for certain designated off-site work for area A — Los San Juan Planned Community, and Termination and settlement agreement with S. J. Hills and Taylor Woodrow Homes, Inc. related to Tract 13436, approved Nie/sen/Soto, 5-0 11. CityManager Salary Recommendation (60030): Amendment to employment agreement with David F. Adams, related to salary. adjustment, approved. Nielsen/Soto, 5-0 E. PUBLIC HEARINGS: None F. Agency Agenda) (Refer to G. ADMINISTRATIVE ITEMS 1. CITY" MANAGER a. `;' Consideration of Phase I: Space Needs Assessment and Schematic Designs for the San Juan Capistrano Library, Approval of Agreement for Phase II Services with Carrier Johnson and Appropriation of Funds — City Council Priority No. 17B (330.20/600.30): Spaced needs assessment and schematic, designs for the San Juan Capistrano Library, dated August 2007, received and approved; Professional services agreement for Phase Il services with Carrier Johnson, in the amount of $384,600, approved with a revision to Section 3.2 Rate Schedule — the following sentence to be added at the end of the paragraph. "Not withstanding the hourly rates, all services and -deliverables shall be completed for an amount not to exceed that 10 RECORDED AT REQUEST OF AND RETURN TO: City of San Juan Capistrano City Clerk's Office 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RECORDING FEES EXEMPT DUE TO mm= Cheryl Johns &, CiK Clerk San Juan Capistrano, CA Recorded in the County of orange, California Gary L. Granville, Clerk/Recorder No Fee 19990777679 12;37pm 11/08/99 005 14029051 14 61 N12 1 6.00 0.00 0.00 0.00 0.00 0.00 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that an agreement between the City of San Juan Capistrano and Taylor Woodrow Homes, Inc, 124461 Ridge Route Drive, Laguna Hills, CA 92653, Developer of Tract 13437, requires the Developer to complete the following, to wit: Construction of Street, Storm Drain and Sewer Improvements in ` Conjunction with the Development of Tract 13437 in the City of San Juan Capistrano That said work was completed on November 27, 1998, by said Developer according to plans and specifications and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano, as the owner, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, at a regular meeting thereof held on the 2nd day of November, 1999, by Resolution No. 99- 1-2- / . That upon said agreement, American Insurance Company was the surety for the bonds for street, storm drain and sewer improvements in the amount of $1,980,014, given by the said company as required by law. Dated at San Juan Capistrano, California, this 3rd day of November, 1999. Cheryl JohnsM, Cify Clerk City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, DO HEREBY CERTIFY, under penalty of perjury that the foregoing Notice of Completion is true and correct, and that said Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Clerk. Dated at San Juan Capistrano this 3rd day of November, 1999. City of San Juan Capistrano 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) 161LONa, MO Z[1111111F-0"011 Robert C. Liewer Taylor Woodrow Homes, Inc. 24461 Ridge Route Drive Laguna Hills, California 92653 ® rl ��- ie�rar�ie ulrnlvn 1961 1776 MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL JOHN GREINER MATT HART GILJONES DAVID M. SWERDLIN CITY MANAGER GEORGESCARBOROUGH Re: Completion of Public Completion of Public Improvements and Release of Surety - Tract 13437and Release of Surety - Tract 13437 Dear Mr. Liewer: At their meeting of November 2, 1999, the San Juan Capistrano City Council adopted Resolution No. 99-11-2-1, accepting the work completed for the construction of public improvements in Tract 13437. A copy of Resolution No. 99-11-2-1 is enclosed for your information. The sureties listed in the Resolution will be exonerated upon the expiration of 35 days from recording of the Notice of Completion. The Notice was recorded on November 8, 1999; therefore, the bonds may be released on December 13, 1999. If you have any questions, please do not hesitate to call Sam Shoucair at 443-6355. Very truly yours, Cheryl Johnson City Clerk Enclosure cc: Keystone Pacific Property Management Engineering and Building Director Sam Shoucair San Juan Capistrano: Preserving the Past to Enhance the Future Mexander Alexander 8 Alexander of California, Inc. 333 Bush Street, Suite 600 &Ajexander San Francisco, CA 94104-2878 415-391-2600 Tel 415-773-4474 Fax FEDERAL EXPRESS #8247130522 January 10, 1996 Ms. Jessica Flanagan Taylor Woodrow Homes California Ltd. 24461 Ridge Route Drive Laguna Hills, CA 92653-1686 SAN JUAN HILLS PROJECT TRACTS 13436,13437 & 13866 Dear Jessica: Lisa Wofford Bond Manager In accordance with your requests, enclosed are the originals of the following: 11133221736 Performance/Labor & Materials Bond - City of San Juan Capistrano. San Juan Hills, Tract 13437 - Area D-2 project. Bond Term: 12/21/95 - 12/21/97 Bond Amount: $1,141,900.00 Premium: $10,277.00 11133221744 Performance/Labor & Materials Bond - City of San Juan Capistrano. San Juan Hills, Tract 13437 -Area D-2 project. Bond Term: 12/21/95 - 12/21/97 Bond Amount: $150,000.00 Premium: $1,350.00 11133221751 Performance/Labor & Materials Bond - City of San Juan Capistrano. San Juan Hills, Tract 13437 -Area D-2 project. Bond Term: 12/21/95 - 12/21/97 1C1 Bond Amount: $892,440.00 13�� Premium: $8,032.00 \ exander &Ajexander Ms. Jessica Flanagan Page 2 January 10, 1996 1110000y) -Mrs on Me 11133221769 Performance/Labor & Materials Bond - City of San Juan Capistrano. San Juan Hills, Tract 13437 -Area D-2 project. fl Bond Term: 12/21/95 - 12/21/971C��1 Bond Amount: $238,778.00 Premium: $2,149.00 �y 11133221777 Performance/Labor & Materials Bond - City of San Juan Capistrano. San Juan Hills, Tract 13437 - Area D project. Bond Term: 12/21/95 - 12/21/97 Bond Amount: $689,564.00 Premium: $6,206.00 11133221785 Performance Bond - Capistrano Valley Water District. San Juan Hills, Tract 13437 - Area D-2 project. Bond Term: 12/21/95 - 12/21/97 Bond Amount: $489,000.00 Premium: $4,401.00 We will forward our invoices for the above premiums shortly. Sincer / Lis Wofford Bond Manager /lw Enclosure L4 15 -D))�1 0 Hunsaker & Associates Irvine, Inc. Planning • Engineering • Surveying February 2, 1996 Mr. William Huber Director of Building and Engineering CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Subject: San Juan Replacement Bonds Tract Nos. 13436, 13437, and 13866 - C-2, D-1, D-2 of Glendale Federal Planned Community Dear Bill: On behalf of our Client, Taylor Woodrow Homes, we are submitting replacement bonds for public and private streets, sewer, storm drain and monumentation for Planning Area C-2, D-1 and D-2. The bonds being replaced are as follows: TRACT _13-436,AREAS--2 TRACT_ 38b6,_READ-1 Glendale New Taylor DesrAptton Amount FederaLBonds Woodrow -Bonds Monuments $ 11,000 3SM 806 226 11133221819 Private Streets $ 488,218 3SM 806 228 11133221637 Sewers $ 221,722 3SM 806 229 11133221645 Public Streets $ 167,500 3SM 806 230 11133221652 Storm Drains $ 287,628 3SM 806 231 11 133221660 TRACT_ 38b6,_READ-1 Three Hughes • Irvine, California 92718 • (714) 583-1010 • Fax (714) 583-0759 Offices: Irvine • Las Vegas • Riverside • San Diego Richard Hunsaker • Tom McGannon • John Michler • Doug Snyder Glendale New Taylor Description Amount Federal Boods Woodrow -Bonds Sewers $ 225,984 3SM 806 236 11133221694 Storm Drains $ 724,704 3SM 806 237 11133221710 Public Streets $ 370,000 3SM 806 238 11133221 702 Private Streets $ 936,363 3SM 806 239 11133221686 Monuments $ 13,000 3SM 806 241 11 141572625 Three Hughes • Irvine, California 92718 • (714) 583-1010 • Fax (714) 583-0759 Offices: Irvine • Las Vegas • Riverside • San Diego Richard Hunsaker • Tom McGannon • John Michler • Doug Snyder Mr. -William Huber i 0 CITY OF SAN JUAN CAPISTRANO February 2, 1996 Page 2 TRACT_13437,-AREA_D--2 New Taylor Woodrom-Ronds 11133221736 11133221744 11133221769 11133221777 11133227151 11141572633 We would like to replace these bonds as soon as possible. Your assistance in this matter will be greatly appreciated. Should you have any questions, please contact our office. Very truly yours, HU X.'Richard Fitch, Jr. Project Manager IRVINE, INC. ARF:sa xc: Sam Shoucair, City of San Juan Capistrano Alfredo Ayuyao, Taylor Woodrow Jessica Flanagan, Taylor Woodrow Nelson Chung, Pacific Community Builders J. Simon, Sheppard Mullins, Richter & Hampton M. Barror, Glendale Federal Corporation W.O. #42-119 (e\rf\42-1 1911 .doc) Glendale Description Atnount EederaLRonds La Novia Bridge $1,141,900 3SM 806 242 Public Streets $ 150,000 3SM 806 243 Sewers $ 238,778 3SM 806 244 Storm Drain $ 689,564 3SM 806 245 Private Streets $ 892,440 3SM 806 246 Monuments $ 9,250 3SM 806 248 New Taylor Woodrom-Ronds 11133221736 11133221744 11133221769 11133221777 11133227151 11141572633 We would like to replace these bonds as soon as possible. Your assistance in this matter will be greatly appreciated. Should you have any questions, please contact our office. Very truly yours, HU X.'Richard Fitch, Jr. Project Manager IRVINE, INC. ARF:sa xc: Sam Shoucair, City of San Juan Capistrano Alfredo Ayuyao, Taylor Woodrow Jessica Flanagan, Taylor Woodrow Nelson Chung, Pacific Community Builders J. Simon, Sheppard Mullins, Richter & Hampton M. Barror, Glendale Federal Corporation W.O. #42-119 (e\rf\42-1 1911 .doc) -� 6. 0 0 As set forth in the Report dated November 2, 1999, from the Engineering and Building Director, the following Resolution was adopted accepting public storm drain, sewer, street improvement and street monumentation work: RESOLUTION NO. 99-11-2-1, COMPLETION OF IMPROVEMENTS RELEASE OF CORRESPONDING BONDS TRACT 13437, TAYLOR WOODROW HOMES. INC. -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF WORKS OF IMPROVEMENT WITHIN TRACT 13437 (TAYLOR WOODROW HOMES, INC.) The City Clerk was directed to forward a Notice of Completion to the County Recorder. Staff was authorized to release the following sureties 35 days after recordation of the Notice of Completion: Surety Coverage Amount to be (American Insurance Co.) Type of Improvement Released Bond #11133221744 Bond #11133227151 Bond #11141572633 Bond #11133221777 Bond #11133221769 PUBLIC HEARINGS Via Entrada Street $150,000.00 Private Streets $892,440.00 Monumentation $9,250.00 Storm Drain $689,546.00 Sewer $238,778.00 APPROVAL OF A DEVELOPMENT AGREEMENT PROVIDING THAT FUTURE DEVELOPMENTAPPLICATIONS FOR PROPERTY LOCATED ON McCRACKEN HILL WILL BE SUBJECTTO THE EXISTING REGULATIONS THAT PERTAIN TO THE PROPERTY (NEELY) (600.30) Council Member Campbell abstained from the following item due to proximity of former her residence. Proposal: Consideration of a Development Agreement providing that future development applications for an approximately 20 -acre parcel located on McCracken Hill would be subject to the existing regulations that pertain to the property. Applicant: City of San Juan Capistrano City Council Minutes -3- 11/2/99 • AGENDA ITEM November 2, 1999 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering & Building SUBJECT: Resolution, Notice of Completion and Release of Bonds for Tract 13437 (Taylor Woodrow Homes). Approve the Resolution to: 1. Accept the public storm drain and sewer improvement as well as the work of improvement for the private streets, street monumentation within Tract 13437 and authorize the release of the corresponding bonds. 2. Authorize the City Clerk to file a Notice of Completion for the public and private improvements within Tract 13437 with the Orange County Recorder. SITUATION A. Summary and Recommendation Taylor Woodrow Homes(TWH) has requested the City to release the storm drain, sewer, street and street monumentation bonds held by the City. These improvements have been inspected and satisfactorily completed. Staff recommends the release of the corresponding bond. B. Background TWH, developer of 112 homes on approximately 90.5 acres of land subdivision in Tract 13437 (Also known as Glenfed, Planning Area D2), has completed the improvement work as required by the Tract's Conditions of Approval and the Improvement Agreement. The Final Map, along with said Improvement Agreement were approved by the City in July of 1991. FOR CITY COUNCIL AGF With the completion of the improvements as noted in the summary above, the bond release is recommended as follows: SURETY COVERAGE (American Insurance Co.) TYPE OF IMPROVEMENT AMOUNT TO BE RELEASED Bond # 11133221744 Via Entrada Street $150,000.00 Bond # 11133227151 Private Streets $892,44000 Bond # 11141572633 Monumentation $9,250.00 Bond # 11133221777 Storm drain $689,546.00 Bond # 11133221769 Sewer $238,778.00 The City is also in possession of an additional bond related to off-site improvement obligations for the widening of the La Novia Avenue bridge at San Juan creek. This bond shall remain in full force until the Developer's obligations are met. COMMISSION/BOARD REVIEW, RECOMMENDATIONS None FINANCIAL CONSIDERATIONS None Robert C. Liewer, Taylor Woodrow Homes Inc. Keystone Pacific Property Management. (For San Juan Hills Estates HOA) ALTERNATE ACTIONS Adopt the Resolution. 2. Do not adopt the Resolution. 3. Refer to Staff for additional information. 0 0 Approve the Resolution to: 1. Accept the public storm drain and sewer improvement as well as the work of improvement for the private streets, street monumentation within Tract 13437 and authorize the release of the corresponding bonds. 2. Authorize the City Clerk to file a Notice of Completion for the public and private improvements within Tract 13437 with the Orange County Recorder. Respectfully submitted, William M. Huber, P.E. Director of Engineering & Building WMH/SS:ss Attachment: 1. Resolution 2. Notice of Completion 3. Location Map C: \W P W I N 60\W P D OC S W G E N DA\TR 13437 F Prepared By: gam Shoucair Senior Engineer (,o0- 3U RESOLUTION NO. 99-11-2-1 COMPLETION OF IMPROVEMENTS AND RELEASE OF BONDS - TRACT 13437 (TAYLOR WOODROW HOMES INC.) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF WORKS OF IMPROVEMENT WITHIN TRACT 13437 (TAYLOR WOODROW HOMES, INC.) WHEREAS, on the 16th day of July, 1991, the City of San Juan Capistrano entered into an Improvement Agreement with the Lusk Company, for the construction of certain public and private improvements within Tract 13437; and, WHEREAS, at their meeting of June 5, 1995, the City Council approved the transfer of Assignment Agreement and Bond Substitution from the Lusk Company to Glendale Federal Bank; and, WHEREAS, at their meeting of March 5,1996, the City Council approved Resolution No. 96-3-5-2, which authorized the transfer of Assignment Agreement and Bond Substitution from Glendale Federal Bank to Taylor Woodrow Homes; and, WHEREAS, Taylor Woodrow Homes has requested that the City determine that the storm drain, sewer, street improvement and street monumentations work within Tract 13437 are complete and has requested that the following sureties be released accordingly: Surety Coverage American Insurance Co. Type of Improvement Amount to be Released Bond #11133221744 Via Entrada Street $150,000.00 Bond #11133227151 Private Streets $892,440.00 Bond #11141572633 Monumentation $9,250.00 Bond #11133221777 Storm Drain $689,546.00 Bond #11133221769 Sewer $238,778.00 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano as follows: SECTION 1. That the storm drain, sewer, street improvement and street monumentation work required to be performed by said Developer has been completed. SECTION 2. That the work is hereby accepted and approved. SECTION 3. That the sureties described in the chart above may be released 35 days after recordation of the Notice of Completion. SECTION 4. That the City Clerk is directed to forthwith forward a "Notice of Completion" to the County Recorder of the County of Orange for recording. PASSED, APPROVED, AND November 1998 ATTEST: CITY CLER STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) ADOPTED this 2nd day of I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 99-11-2-1 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 2nd day of November 1999, by the following vote: AYES: Council Members Jones, Swerdlin, Hart, Campbell and Mayor Greiner NOES: None ABSTAIN: None ABSENT: None (SEAL) CHERYL JOHNSON, CITY CLERK -2- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, DO HEREBY CERTIFY, under penalty of perjury, that the foregoing Notice of Completion is true and correct, and that said Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Clerk. Dated at San Juan Capistrano this second day of November, 1999. Cheryl Johnson, City Clerk City of San Juan Capistrano LOCATION VICINITY MAP N.T.S. 32AOO PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949)493-1171 (949) 493-1053 (FAX) November 4, 1999 Clerk -Recorder's Office County of Orange P. O. Box 238 Santa Ana, California 92701 MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL JOHN GREINER WYATT HART GILJONES DAVID M. SWEROUN CITY MANAGER Recorded in the County of Orange, California Gary L. Granville IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Clerk/Recorder 005 ,4e29e51 749990777679 12::''1137pm 11/88/99 N12 1 6.00 0.00 0.00 0.00 0.00 0.00 Not Compared Win Original Re: Notice of Completion - Public Improvements in Tract 13437 Gentlemen: The following document is enclosed for recordation: Notice of Completion of Public Improvements - Tract 13437 When placed of record, please return said document to this office. A duplicate copy of this letter is enclosed. Please stamp Document Number and date of recording on the letter and return it to this office in the enclosed, stamped, self-addressed envelope at your earliest convenience. Thank you for your cooperation. Very truly yours, Cheryl Johnson City Clerk Enclosure Document Number Date , - "a�ll - San Juan Capistrano: Preserving the Past to Enhance the Future 'ti lj 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1 171 (949) 493-1053 (FAX) December 13, 1999 Mr. Robert C. Liewer Taylor Woodrow Homes, Inc. 24461 Ridge Route Drive Laguna Hills, California 92653 T �.,/ IE10A1411I[1 I�Iuslu 1961 1776 Re: Release of Surety - Tract 13437 Dear Mr. Liewer: MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL JOHN GREINER WYATT HART GIL JONES DAVID M. SWERDLIN CITY MANAGER GEORGE SCARBOROUGH Per City Council action of November 2, 1999, the following bonds are hereby released as of today, December 13, 1999: BOND NO. PURPOSE AMOUNT 11133221744 Public Street $150,000 11133227151 Private Streets $892,440 11141572633 Monumentation $ 9,250 11133221777 Storm Drain $689,546 11133221769 Sewer $238,778 Enclosed are copies 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 Enclosure cc: Sam Shoucair, Senior Engineer The American Insurance Company (with original bonds) DRUG USE 1s San Juan Capistrano: Preserving the Past to Enhance the Future S wdDIVISION FAITHFUL PERFORIntVCE BOND (GOVERNMENT CODE . 66499.1) Bond No.: 11133221744 Premium $1,350.00 WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Taylor Woodrow Homes California Ltd. (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 December 21 !9 95 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 The timer; an Insurance calpanY I . as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of nno hnnAraA fiftg hhnncand and n/inn 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, is there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. kELEASED 11,Area D-2 Tract 13437 (known as "San Juan Hills") —IMMK 2. Aid Surety, for value ieceived, herby stipulates _and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shalt in any way affect its obligitions 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 10th day of January 19 96 , at C n Fr nci sco , California. APPROVED AS TO FORM: CITY ATTORNEY Page 2 - Subdivision Performance Bond PRINCIPAL Jeffry}r Prostor, ice President Operations Taylor odro Homes California, Ltd. (NOTARIZATION AND SEAL) SURETY e American Insurance Company Lisa B. Wofford. Attoi-nev—in—Fact. (NOTARIZATION AND SEAL) #11133221736 Are-d,� �, Tract 13437 (known as "San Juan Hills") I.`f'S�'S CJMMAL POWER THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and «domesticated to the State of Nebraska on June 1, 1990, and having its principal office in the County of Mario, State of California, has made, constituted and appointed, and does by these presents make, constitute and appointALAN SH I REK AND LISA B. WOFFORD, jointly or severally SAN FRR NCISC0 A itstrueandlis Attorneys in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recognirances or other writtm obligations in the name thereof -------------------------------- and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary. hereby ratifying and mnfrming all that the said Attomey(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VII. Appointment and Authority of Reddent Secretaries, Artorneysfa-Feer and Agents to accept Legal Process and Make Appearenar. Section 45. Appointment. The Chairman of the Board of Directors, the President, say Vice-Presideat or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Via -President may, from time to time, appoint Resident Assistant Secretaries and Attorneysdu-Fad to represent and sec for and on behalf of the Corporation and Agents to accept legal process and make appearauas for and on behalf of the Corporation. Section 46. Authority. The authority of such Resident Assistant Secretaries, Attorneys4ii-Fad and Agents shall be as prescribed In the instrument evidencing IhalralspointmeuLAaysueh appointment and all authority granted themby may be evoked at any time by the Board of Directors or by any person empowered to make inch ■ppolntment." This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of Jul-. 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of my VirnPresident, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on my certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation. IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate seal to be hereunto affixed this 17th day of November , 199.-4. THE AMERICAN INSURANCE COMPANY B454�- y visheWsnr STATE OF CALIFORNIA as. COUNTY OF MAKIN Onthis 17th dayof November,ly 94 before me personally came M. A.Mallonee to me known, who, being by me duly sworn, did depose and say: that e is Via- President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by tike order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and yew herein first above written. OFFICIAL NOTARY SEAL t A. KAIEGEA -si Notary Public —CaRornia 'orvr Public MARIN COUNTY My Comm. Esp. MAR 20,1995 CERTIFICATE STATE OFCALIFORMA ss. COUNTY OF MARIN I. the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY. a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoiag and attached POWER OF ATTORNEY remains in full fora and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the BY -laws of the Corporation, and the Resolution of the Board of Directors; sal forth in the Power of Attorney, am now in force. Signed and sealed at the County of Marin. Dated the 10th day of January .19 96 . •� � i JGI��S'/�s/ ty t��..,��'ee'i-`i RmdmtAuinw aeveary r04California `) On January 10, 1996 before me, Martha M.G. Scholl, Notary Public DATE NAME, TITLE OF OFFICER - E.G.,'JANE DOE. NOTARY PUBLIC , personally appeared Lisa B. Wofford NAME(S) OF SIGNER(S) personally known to me - OR - prey to be the person ,W whose nameS4 is/efe subscribed to the within instrument and ac- knowledged to me that,kie/she/they executed the same in IWher/tbefr authorized capacity(ilils`), and that by,b+e/her/tom signature(Won the instrument the personal, or the entity upon behalf of which the person(?)acted, executed the instrument. _ MARTHA M.G.SCHOLL $ ' NOCOMM. #104 2994 g WITNEY y hand and official seat. SAN FRANCISCO COUNTY Y MY Comm. FxpresNov. q, lggg ( P\ SIGNATURE OF NOTARY Martha M.G. Scholl 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 TRLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENRTY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • SM Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 0 Bond No. 11133221744 "' r' EAS ® Premium: Included !//� % SUBDIVISION LABOR AND MATERIAL BOND �F� DATE .TCL-_ (GOVERNMENT CODE, SECTION 66499.2) I TIALS I �l 1 W ,the City Council of the City of San Juan Capistrano, State of California, and Taylor Woodrow Homes California Ltd. (hereinafter designated as "Principal'), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain ddsignated improvements which said Agreement, dated December 21 , I9.2 and identified as Project Area D-2 Tract 13437 (known as San Juan Hills) 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 The American Insurance Comoanv , as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum Of Ana hundred fifty thousand and 0/100 Dollars ($1%n nnn_nn ) 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 addittie^ to the face amount specified therefor, there shall be included costs and reasonable expenses and fees loft 9 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 10th ' day of January 19 96, 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 Jeffrey ostor, V i sident Operations I all -, Taylorodro Homes California Ltd. (NOTARIZATION AND SEAL) SURETY The American Insurance y Lisa B. 47offord, Atto -in-Fact (NOTARIZATION AND SEAL) 2 of 2". Area D- Tract 13437 (known as "San Juan Hills") GEYER PPOWER OFOf ATPORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the County of Marin, State of California, has made, constituted and appointed, and does by these presents make, constitute and aPpo'mALAN SHI REK AND LISA B. WOFFORD, jointly or severally SAN F�iNCIS 0 FA futrueandla Atto *in- act,with full power and authority hereby conferred in its time. place and stead, to execute, seal. acknowledge and deliver any and all bonds, undertaking, recognirwces or other written obligations in the nature thereof _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ and to bind the Corporation thereby as Polly and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Artkk VD. Appointment and Authority of Reddent Secretaries, Attorneysda-Fad sad Agents to accept Legal Process sad Make Appearmots. Section 45. Appofotment. The Cbairi an of the Board of Directors, the President, any Vice -President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or nay Vlee-Presldent may, tram time to rime, appoint Resident Assistant Secretaries and Aftornays4aFad to represent and set for and on behalf of the Corporation and Agents to accept legal pram and make sppearences for and on behalf of the Corporation. Section 46. Aafhodty The sotborityof such Resident Assistant Seeretarin, Attomeysdn-Fact and Agents shall be as prescribed In the instrument evidencing the4appohstment. Any meh appointment and all authority granted thereby may be rooked at anytime by the Board of Directors or by any person empowered to make such appointmmV, This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 3lst day of July. 1994, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of nay Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the SCSI of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate hearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporatioa." IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate seal to be hereunto affixed this 17th day of November , 199. THF AMERICAN INSURANCE COMPANY ,ri c By via.PrmWmt STATE OF CALIFORNIA COUNTY OF MARIN st Onthis 17th dayof November 19 94 before me personally came M. A.Mallonce to me known, who, being by me duly sworn, did depose and say: that he is Vice -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein fust above written. OFFICIAL NOTARY J20.1995 , A KRIEGER -ai Notary Pudic—Calf'eery wide MARIN COUNTY My Comm. Exp. MAR CERTIFICATE STATE OF CALIFORNIA l ss. COUNTY OF MARIN I. the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY. a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and sealed at the County of Marin. Dated the 10th day of January .19 96 3 ti:Zn!,v" amidmi Adaam amaarr CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of California San Francisco On January 10, 1996 before me, Martha M.G. Scholl, Notary Public DATE NAME TITLE OF OFFICER - E.G..JANE DOE, NOTARY PUBLIC' No. 5907 personally appeared Lisa B. Wofford NAME(S) OF SIGNERS) ® personally known to me - OR 9 prey - to be the personX whose namep6 is/are subscribed to the within instrument and ac- knowledged to me that be(/she/they executed the same in IWher/the r authorized capacity(iaa`), and that by _bis/her/t):�r signatureKon the instrument the personal, or the entity upon behalf of which the ...� person(p) acted, executed the instrument. A@ MARTHA M.G. SCROLL COMM. # 1040294 gj • s' NOTARY PUBLIC -CALIFORNIA a SAN FRANCISCO COUNTY WITNESS my hand and official seal. My Comm. Expires Nov. 4, :998 /M14 SIGNATURE OF NOTARY Martha M.G. Scholl 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 El GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ 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 01993 NATIONAL NOTARY ASSOCIATION • 8236 FIMmet Ave., P.O. Box 7184 - Canoga Park CA 91309-7184 S°'-',{ ION FAM10FUL PERFORM. OND (GOVERNMENT CODE. 66499.1) Bond No.: 11133221777 Praniwn: $6,206.00 WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Taylor Woodrow Homes California Ltd. (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 December 21 19 95 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 The American Insurance CcinpanY . as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of six hundred eighty nine thousand five hundred sixty four and 0/100 Dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. BE 1T FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. RELEASED DATE 1y2b L INITIALS reg 3437 (known as "San Juan Hills") t %- 1�Nk 2. ` *urety, for value received, h - bledputates ;and agrees that no change, extension of time, alteration, or modification of the.contract doeumerits 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 10th day of January 19 _ 96 . at San Francisco , California. APPROVED AS TO FORM: CITY ATTORNEY PRINCIPAL Jeffr Prosto a President Operations Tayl . know Homes California Ltd. (NOTARIZATION AND SEAL) SURE Y The American Insurance y 1�` Lisa Wofford, Atto i;n-Fact (NOTARIZATION AND SEAL) Page 2 - Subdivision Performance Bond #11133221777 Area D-2 Tract 13437 (known as "San Juan Hills") )•ORM DRAIN A�i'1 RRNOEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the County of Maria, State of California, has made, constituted and appointed, and does by these presents make, constitute and appo"ALAN SH I RER AND LISA B. WOFFORD, jointly or severally SAN FggppNCIS 0A its true aced la.rfiSAttor�s)-in- act, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds. undertaking, reeognirances or other written obligations in the nature thereof _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attomey is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full fora and effect. "Article VH. Appolatment and Authority of Resident Seerenries. Attorneys4is-Fid And Agents to accept Legal Process and Make Appearances. Section 43. Appointment. The Chairman of the Board of Directors, the President, any Vice-Presideat or any other person authorized by the Board of Dbectora, the Cbalrsa m of the Board of Directors, the President at airy Via-Pres(deat may, from time to time, appoint Resident Assistant Secretaries and Attorne7s4a-Fact to rept mut and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corpontlon. Section 46. AuahoritF The authority of such Resident Assistant Secretaries, Attorneys -in -Fact and Agents shall be as prescribed to the instrument evidencing thelrappointmeuL Anysucb appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make sea appolutmentr This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution has not ban amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attomM or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has aused these presents to be signed by its Vice-president, and its corporate seal to be hereunto affixed this 17th day of November , 1994 . THE AMERICAN INSURANCE COMPANY By Yf¢.tRdae,r STATE OF CALIFORNIA ss COUNTY OF MARIN Ong 17th dayof November 19 94 ,before mepersonally came M. A.Mallonee to me known, who, being by me duly sworn, did depose and say: that he is Via -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF. I have hereunto see my hand and affixed my official seal, the day and year herein fust above written. ..-.. ]Notary IAL NOTARY SEAL A. KRIEGER Public—California 'ouryPublic ARIN COUNTY Mm. Eap. MAR 20,1995 CERTIFICATE STATE OF CALIFORNIA COUNTY OF MARIN I as. I. the undersigned. ResidentAssistant Secretary of THE A-MERICAN INSURANCE COMPANY. a NEBRASKA Corporation. DO HEREBY CERTIFY that the foregoing and attached POWER OFATTORNEY remains in full force and has not been revoked- and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in fora. Signed and sealed at the County of Maria. Dated the 10th day of Januery —. 19 96 •f amd= Avbum 5eaa,7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On January 10, 1996 before me, Martha M.G. Scholl, Notary Public DATE NAME. TIRE OF OFFICER • E.G..'JANE DOE. NOTARY PUBLIC No. 5907 personally appeared Lisa B. Wofford NAME($) OF SIGNER(S) I� personally known to me - OR prey - to be the person ,W whose namep4 is/af-e subscribed to the within instrument and ac- knowledged to me that.hWshe/they executed the same in ft iWher/tterr authorized capacity(issj, and that by his/her/t)rerr signature(Won the instrument the personal, or the entity upon behalf of which the person()acted, executed the instrument. MARTHA M.G.SCHOLL r COMM. # 1040294 v WITNESS my hand and official seal. NOTARY PUSLIGCALIFORNIA n tl my Con". FRANCISCO COUNTY f mm. rxpires Nov. 4, :998 SIGNATURE OF NOTARY Martha M.G. Scholl 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 El GENERAL ❑ A77ORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTIN 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 01993 NATIONAL NOTARY ASSOCIATION -8236 Remmet Ave., P.O. Box 7184 -Canoga Park CA 91309-7184 Bond No. 11133221777 L-� EL EASED prerniun: Included DATE l SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE, SECTION 66499.2) INITIAL > City Council of the City of San Juan Capistrano, State of California, and Taylor Woodrow Homes California Ltd. (hereinafter designated as "Principal'), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain ddsignated improvements which said Agreement, dated necemher 21 1995 and identified as Project Area D-2 Tract 13437 (known as San Juan Hills) 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 The American Insurance Ccnipany . as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum Ofcix hundrad oiehty_nine thousand five hundred sixty four and 0/100 Dollars ($ 6,88,SFA_nn ) 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 1 of 2 The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the 10th day of January 19 96 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 Jeffre �Prostor, r�e resident Operations 1� Taylorodro Homes California Ltd. (NOTARIZATION AND SEAL) SURETY The American Tnn'ssu�rance y ��'� � Lti Lisa B. Niofford At (NOTARIZATION AND SEAL) 2 of 2 MWDRAIN Area D-2 13437 (known as "San Juan Hills") CF.NERAL _.. AM RNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the County of Marin, State of California, his made, constituted and appointed, and does by these presents make, constitute and appo"ALAN SHIRE& AND LISA B. WOFFORD, jointly or severally its trueand Iiwfu7llttomey(s}n-Pact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds. undertaking, recognisances or other written obligation in the nature thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said AttorneAs).in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and "Article VD. Appointment and Autbod4 of Resident Seeretarks, Afforneysfa-Fact and Agents to accept Jegal Process and Make Appearances. Session All. Appola6ment. The Chairman of the Board of Directors, the President, any Vice -President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or say Vice-Preddeat may, from time to time, appoint Resident Assistant Secretaries and Altorneys4zi-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 46. Aatborftm The sathority of sea Resident Assistant Secretaries, AUorneys-la-Fact and Agents sbA be as prescribed to she Instrument evidencing their appointmeaL Any such appointment and all authority granted thereby may be revoked at say time by the Board of Directors or by any person empowered to make such appointment This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1994, and said Resolution bss not been amended or repealed: "RESOLVED, that the signature of any Vic -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation!' IN wnwm WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate seal to be hereunto affixed this 17th day of November , 199_. }'�'ti'•r �'+ THF AMERICAN INSURANCE COMPANY By Vn¢•Prdesn[ STATE OF CALIFORNIA COUNTY OF MARIN ss. On this 17th day of November 19 9 4 , before me personally came M. A. Mallonee to me known, who, being by me duly sworn, did depose and say: that he is Vic -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his time thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein fust above written. OFFICIAL NOTARY SEAL , A KRIEGER -� Notary Publle_OU 9ftxnta :a.rrwats MARIN COUNTY My Comm. Exp. MAR 20.1993 CERTIFICATE STATE OF CALIFORNIA COUNTY OF MARIN )( I. the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, arc now in force. Signed and sealed at the County of Marin. Dated the 10th day of Janua�r%V J/moi^ Iy 96 •3� c.' -- a.aam Adaam asveary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of California San Francisco On January 10, 1996 before me, Martha M.G. Scholl, Notary Public DATE NAME. TITLE OF OFFICER • E.G.'JANE DOE. NOTARY PUBLIC NO. 5907 personally appeared Lisa B. Wofford NAME(S) OF SIGNER(S) personally known to me - OR 9 proved to FRm-en4he-basm-of-jatmfaeteqLavKienee to be the person ,W whose namep6 is/ere subscribed to the within instrument and ac- knowledged to me that hig/she/they executed the same in tWher/the r authorized capacity(lo-9), and that by_ha &/her/tom signaturewon the instrument the person(a), or the entity upon behalf of which the person acted, acted, executed the instrument. MARTHA M.G. ZHOLL COMM. # 1040294 - .- N01ARY kBLICCALIFORNIA WITNESS my hand and official seal. o. SAN FRANCISCO COLINrY My Conor. Expires Nov. 4, :998 - I \ X SIGNATURE OF NOTARY Martha M.G. Scholl OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 -Canoga Park, CA 91309-7184 ' • CONTRACT BOND — CALWL _.SIA RELEASED FAITHFUL PERFORMANCE — PUBLIC WORK �n�; Bond No. 11141572633 DATE ZLInitial premium charged for this bond is $ 100.00 subject to adjust - INITIALS ment upon completion of contract at appli- cable rate on final contract price. OW r�LL �1EN BY THESE PRESENTS, that Taylor Woodrow Homes California Ltd. of Laguna Hills, CA as Principal, and the The American Insurance Company a corporation organized and existing under the laws of Nebraska r and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto the City of San Juan Capistrano, in the sum of Nine thousand two hundred fifty Dollars ($ 1 9,250.00 ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION 15 SUCH, that WHEREAS, the above -bounded Principal has entered into a Contract dated December 21, , t9 95 with the City of San Juan Capistrano to do and perform the following work, to wit: Subdivisions Area D-2 tip_ 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 24th day of January 19 96 APPROVED AS TO FORM: ZI City Attorney Taylor Woodrow Homes California Ltd. Principal n ny ✓��-Jtt.{VWIn�� The ican Insurance Company By Lisa B. wofford, Attolney-in-Fact NOTE: Acknowledgements of execution of Principal and Surety must be attached. *VJ§A=ATI0N BOND 1 GENERAL POWER OF ATTORNEY 0 THE AMERICAN INSURANCE COMPANY 0 KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the County of Marin, State of California, has made, constituted and appointed, and does by these presents make, constitute and appointALAN S HI REK AND LISA B. WOFFORD, jointly or severally its tru and kFw at'til At%mey(s}Uin-Fact, with full power and authority hereby conferred in its time, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, rewgnirances or other written obligations in the nature thereof - ----------------------- and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys) -in -Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By -taws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Ardde VD. Appofatment and Authodty of Resident Seerersrfes, Atrorneys-la-Fact and Agents to acrepr Legaf Proem and Make Appearances. Section 45. Appointment. The Chairman of the Board of Directors, the President, fay Vlc -President or any other person authorized by The Board of Directors, the ChNrmae of the Board of Directors, the President or any Vice -President may, from time to time, appoint Resident Assistant Secretaries and Attorneys -lo -Fact to represent and act for and on behalf of the Corpomdon and Agents to accept legal process and Drake appearances for and on behalf of the Corporatlos . Section 46. Authodtr. The authority of such Resident Assistant Secretaries, Attorneys -la -Fact and Agents shall be as prescribed in the instrument evidencing thdrappointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make loch appoiatmene, This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1994, and said Resolution bas not been amended or repealed: "RESOLVED, that the signature of any Vice -President. Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attomM or certificate bearing such facsimile signature or facsimile sea] shall be valid and binding upon the Corporation." IN WITNESS WHEREOF THE AMERICAN INSURANCE COMPANY bas caused these presents to be signed by its Vitt -President, and its corporate seal to behereuntoaffixedthis 17th dayof November , 1994 iii'• !`�""'r+'• THF AMERICAN INSURANCE COMPANY •• Y VimPrdiemr STATE OF CALIFORNIA ss COUNTYOFMARIN On this 17th day of November 19 94 , before mepersonally came M. A.Mallonee to me known, who, being by we duly sworn, did depose and say: that he is Vice -President of THE AMERICAN INSURANCE COMPANY. the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seat affixed to the said instrument is such corporate seal; that it was so affued by order of the Board of Directors of said Corporation and that he signed his time thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein fust above written. OFFICIAL NOTARY SEAL , A. KRIEGER -ai Notary Public—California 'Durr wetK MARIN COUNTY My Comm. Exp. MAR 20.1995 CERTIFICATE STATE OF CALIFORNIA 1 y COUNTY OF MARIN )( 4ssistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that OWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and sealed at the County of Marin. Dated the 24th day of ianuartV 19 9b '•'`!;NiTYc?,"`- amamr aalaw ssosun Axml1.7a.i-oA CALIFORNIA ALL-PURPOtE ACKNOWLEDGMENT State Of California County of San Francisco On January 24, 1996 before me, MartM M.G. Scholl, Notary Public DATE NAME, TITLE OF OFFICER • E.G., 'JANE DOE, NOTARY PUBIJC' personally appeared Lisa B. Wofford NAME(S) OF SIGNER(S) E3 personally known to me - OR - No. 5907 to be the personfA whose nameK is/afe subscribed to the within instrument and ac- knowledged to me thai.,Wshe/they executed the same in _-kris/her/#reTr authorized capacity(jei9j, and that by hWher/their signatureW on the instrument the person(ey, or the entity upon behalf of which the r MARTHA M.G. SCROLL erson acted, executed the instrument. COMM. # 1046294 o p NOTARY LIC -CALIFORNIA SAN FRANCISCO COUNTY My Comm. Expires Nov .a„g98 r WITNESS my hand and official seal. IL. . i . �j 'A'U SIGNATURE OF NOTARY Martha M.G. Scholl 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 El GENERAL ❑ ATTORNEYAN-FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTIN NAME OF PERSON(S) OR ENTTTYUM DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 0190 NATIONAL NOTARY ASSOCIATION - 9236 Remmet Ave., P.O. Box 7184 - Canoga PerK CA 91309-7184 AME RIC } STATE OF CALIFORNIAO,/�Q�,� }ss. COUNTY OF iiCC q On 1 & ru0.Y V 1,111to, before me, byAd a personally appeared Ip., ► C1nQQ. W CA-kA�-- personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (This area for official notarial seal) Title of Document Date of Document No Other signatures not acknowledged of Pages LMW M. SMIM ca��. s iosr� ti COUNTY Mr COMM. Ell APR 30.199v 3008 (1/94) (General) First American Title Insurance Comoanv Bond No.: 11133221751 ,SDIVLSION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE . 66499.0 Premium: $8,032.00 WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Taylor Woodrow Homes California Ltd. (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 December 21 , 19 95 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 The American Insurance Company as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of eight hundrad ninety two thousand four hundred forty and 0/100 Dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. RELEASED DATE 3 �� J- ArJ& .0437 (known as "San Juan Hills") INITI l 2. _",.id Surety, -'for value ieceived, het .oysttpulatei and agrees that no change, extension of time, alteration, or modification of the :aontract documents or cf the work to be performed thereunder, shalt in any way affect its oblig Uoru�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 10th day of January L9 96 , at San Francisco , California. APPROVED AS TO FORM: CITY ATTORNEY Page 2 - Subdivision Performance Bond PRINCIPAL Jeff Prosto;, a President Operations - 'ttll�—s _J( Taylor ow Homes California Ltd. (NOTARIZATION AND SEAL) SURE Y The American Insurance y xd e ` Cha" L sa FTo"j, Attorney -Fact (NOTARIZATION AND SEAL) #11133221751 Area D-2 Tract 13437 (known as "San Juan Hills") 9I lim" STREETS GENERAL AT�RNEYF THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and «domesticated to the State of Nebraska on June 1, 1990, and having its principal office in the County of Marin, State of California, has made, constituted and appointed, and does by these presents make, constitute and appointALAN SHIREK AND LISA B. WOFFORD, jointly or severally SAN F�S<y0A Its true and ta s}in- ace, with full power and authority hereby conferred in its name, place and stud, to execute, seal, acknowledge and deliver any and all bonds, undernldng, recognizances or other written obligations in the nature thereof _ _ _ _ _ _ _ _ _ __ _ _ _ _ and to bind the Corpomdoo thereby u fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Artkk VII. Appointment and Authority of Resident Seaetades, Arorneyf-ie-Fact and Agents to accept legal Process mad Make Appearances. Section 45. AppoiafinessL The Chairman of the Board of Directors, the President, any Vke-Presideat or any other person authorized by We Board of DLadora, the Chairman of the Board of Directors, the President u any Vlet-President may, from time to time, appoint Resident Assistant Secretaries and Attorueyrin-Fad to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearance for and on behalf of the Corporations. Section 46. Aatbodty--'Phe authority of such Resident Assistant Secretaries, Attorneys -in -Fact and Agents shall be as prescribed In the instrument evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by nay person empowered to OWN such oppolatmessw This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Baud of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July. 1964, and said Resolution ban not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, an any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate seal to be hereunto affixed this 17th day of November , 1943_. �,;1"(L�%''•. THE AMERICAN INSURANCE COMPANY By YIC•Rwidexl STATE OF CALIFORNIA $s. COUNTY OF MARIN Ong 17th day of November 19 94 ,beforemepersonallycame M. A.Mallonee W me known, who, being by me duly sworn, did depose and say: that he is Vfa>Preaident of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name Nano by like order. IN WITNESS WHEREOF, I have hereunto ser my hand and affixed my official seal, the day and year herein fust above written. OFFICIAL NOTARY SEAL , A. KRIEGER -ai Notary Public —CaVorrda eta r►vbna MARIN COUNTY My Camas Exp. MAR 20.1985 CERTIFICATE STATE OF CALIFORNIA 1 COUNTY OF MARIN J( I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OFAT70RNEY remains in fall force and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; ser forth in the Power of Attorney, are now in force. Signed and sealed at the County of Marin. Dated the 10th day of January , 19_26 Or w�•• ii�q%liar 5 i 3 i Rddm Assbi aaaw+,r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of California San Francisco 0 On January 10, 1996 before me, Martha M.G. Scholl, Notary Public DATE NAME, TITLE OF OFFICER - E.G.,'JANE DOE. NOTARY PUBLIC' No. 5907 personally appeared Lisa B. TAbfford NAMES) OF SIGNER(S) personally known to me - OR - preyod preto .,,., _ _, eatm aeteq 4v*K' nee to be the personX whose namepj is/efe subscribed to the within instrument and ac- knowledged to me that h6/she/they executed the same in 4Wher/tfkefi• authorized capacity(iW, and that by__h4e/her/tlkerr signature(Won the instrument the persona), or the entity upon behalf of which the person( ,P) acted, executed the instrument. MARTHA M.G.SCHOLL COMM. It 1040294 WITNESS my hand and offici71al. s' r NOTARY PUBLIC -CALIFORNIA, \ 1��SAN FRANCISCO COUNTY MN Comm. Expires Nov. 4, :998 J SIGNATURE OF NOTARY Martha M.G. Scholl 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 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 01993 NATIONAL NOTARY ASSOCIATION • 8236 R"mat A"., P.O. Box 7164 • Canoga Park CA 913097184 ,ELEASED Bond No. 11133227151' Premium: Included DATE LEIL.LL.L�—1 SUBDIVISION LABOR AND MATERIAL BOND INITIALSVERNMENT CODE, SECTION 66499.2) WH REAS, the City Council of the City of San Juan Capistrano, State of California, and Taylor Woodrow Homes California Ltd. (hereinafter designated as "Principal'), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements which said Agreement, dated December 21 . 19.2L__, and identified as Project _ Area D-2 Tract 13437 (known as San Juan Hills) 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 The American Insurance - Convanv , as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of eight hundred ninety two thousand four hundred forty and 0/100 Dollars ($ g92.440.00 ) 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 40POMPSMTS • 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 10th day of January 19 96 , 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 Jeffre rostor, President Operations Taylor oodr Homes California Ltd. AS TO F)DRA (NOTARIZATION AND SEAL) K. DENHALTER, CITY NOTE: Please Attach Acknowledgement and Power of Attorney SURETY a American Insuranc7epany Lisa b. Wofford, Atto y -in -Fact (NOTARIZATION AND SEAL) 2 of 2 IMMATE-STRM5 , Area D-2 Tract 13437 (known as "San Juan Hills") I., GENERAL POWER OF ATTORNEY - 0 0 THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomestieated to the State of Nebraska on June 1, 1990, and having its principal office in the County of Marin, State of California, has made, constituted and appointed, and does by these presents make, constitute and appointALAN SHI REK AND LISA B. WOFFORD, jointly or severally SAN F�&NCIS 0 A Fits true and le Attor�s}in- act, with full power and authority hereby conferred in its name, place and stead, to execute, sal, acknowledge and deliver any and all bonds, undertaking, reeogniranm or other written obligations in the nature thereof ________________________________ and to bind the Corporation thereby a fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 43 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect "Article VII. Appointment and Authodly of Reddeat Secretaries, Attorneyslo-Fact sad Agents to accept Legal Process sad Make APPeanam. Section 45. Appointment. The Chapman of the Board of Directors, the President, any Vice-Presidmt or fay other person sathorittd by the Board of Directors, the Chairman of the Board of Directors, the President or any Vlee-President may, from time to time, appoint Resident Assistant SeeretaAa and Attorneys -lo -Fed to represent and set for and on behalf of the Corporation and Agents to accept legal Protan and make appearances for and on behalf of the Corporation. Section 46. Aatha tty: The authority of such Resident Asshnsat Secretaries, Attorneys -in -Fact and Agents shall be as prescribed in the instrument evidencing tbairappointmenL Any such appointment and all authority granted thereby may be moked at any time by the Board of Dheesom or by my person empowered to make each appolatmeat.^ This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE A.bIERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice -President. Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attomm or on my certificate relating thereto, by facsimile, and my power of attoruey, any revocation of my power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation:* IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate sal to bebermatoaffisedthis_ 7th dayof November , ig 94 THE AMERICAN INSURANCE COMPANY i'�i �•i-10 �k2 By V.Prmdsnt STATE OF CALIFORNIA ss COUNTY OF MARIN On this 17 t It day or November 19 9 4 before me personally came M. A. Mallonee to Inc known, who, being by me duly sworn, did depose and say: that he is Vice -President of THE AMERICAN INSURANCE COMPANY, the Corporation described In and which executed the above instrument; that he knows the seal of said Corporation; that the sat affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his time thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. OFFICIAL NOTARY SEAL / A. KRIEGER -ts Notary Public —California a+npub& MARIN COUNTY My Comm. Exp. MAR 20,1995 CERTIFICATE STATE OF CALIFORNIA l u. COUNTY OF MARIN 1 I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII. Sections 45 and 46 of the BY -laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney. are now in force. Signed and sealed at the County of Maria. Dated the loth day of January , 19 96 . 104S :�36 ��r1 Yfi :mem{Au4um Sm CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of California San Francisco On January 10, 1996 before me, Martha M.G. Scholl, Notary Public DATE NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC' personally appeared Lisa B. Wofford NAME(S) OF SIGNER(S) IN personally known to me OR - prey to be the person ,W whose namqsf is/ere subscribed to the within instrument and ac- knowledged to me thatJ46/she/they executed the same in I>Wher/tbetr authorized capacity(iso), and that by _t"/her/tom signatureWon the instrument the person(s), or the entity upon behalf of which the person( acted, executed the instrument. MARTHA M.G. SCHOLL WITNESS my hand and official seal. COMM. 711040294 M 0. e'M NOTARY PUBLIC-CAUFORNIA no \ � A a SAN FRANCISCO COl1NTV `�A JI+II Ay Comm. Expires Nov. 4, :998 SIGNATURE OF NOTARY Martha M.G. Scholl OPTIONAL No. 5907 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TmF(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ 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 01993 NATIONAL NOTARY ASSOCIATION - 191236 Remmet Ave., P.O. Box 7184 - Canoga Park CA 91309.7184 SCION FAITHFUL PERFORbUt..,VBOND (GOVERNIAENT CODE. 66499.0 Premiwn: $2149.00 Bond No.: 11133221769 WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Taylor Woodrow Homes California Ltd. (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 December 21 19 95 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 The American Insurance any , as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of two hundrpd th reg night thnnRand Raven himAre.i Rowentg night r n4inn 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, is there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. RELEASED DATE i oA ./"i A_M Ili 11, I,�/�1 A, l/ �N(I/ Area D -?,Tract 13437 (known as "San Juan Hills") 2. S. rety, for value jeceiye4 hera,vy,Wpolates and agrees that -to change, extension of time, alteration, or modification 6f the contract documents or of the work to be performed thereunder, shall in any way affect its obligaiioru 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 10th day of January 19 96 . at San Francisco California. APPROVED AS TO FORM: CITY ATTORNEY Page 2 - Subdivision Performance Bond PRINCIPAL Jeffr Prostor President at Co Taylor ow Homes California Ltd. (NOTARIZATION AND SEAL) SURETYtWofford, merican Insurance y �� Attorney :act (NOTARIZATION AND SEAL) 11133221769 Area D-2 Tract 13437 (known as "San Juan Hills") SEWER r.,,ENERAi ER OF AMRNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomestiated to the State of Nebraska on June 1, 1990, and having its principal office in the County of Mario, State of California, has made, constituted and appointed, and does by these presents make, constitute and appointALAN SHIREK AND LISA B. WOFFORD, jointly or severally SAN F�&.NCIWO A int true sad Is Attom s}m- act, with full power and authority berebyconferred in its name, place and stead, to execute, seal, acknowledge and deliver any mad an bonds. undertaking. recogniranses or other written obligations in the nature thereof _ _ _ _ _ and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, scaled with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Thispower of attorney B granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full fora and effect. "Article VII. Appointment mdAuthorhy of Resident Secretaries, Atiorneys-in-Fact and Agents to accept Legal Proven and Make Appearnnar. Section 45. Appofniment. The Chairman of the Board of Directors, the President, any Vice -President or toy other person authorized by the Board of Directors, the CkNrmm of the Board of Directors, the President or any Vice- President mar from time to time, appoint Resident Assistant Secretaries and Anerneyt4a-Fact to represent and act for and on behalf of the Corporttion and Agents to accept legal process and make appeuanees for and on behalf of the Corposatiou. Section 46. Aothodity. The authority of such Resident Assistant Secretaries, Attorneys -in -Feet and Agmts shall be as prescribed in the instrument "cueing theirappoionmeaL Any saeh appointment and all authority granted thereby may be revoked at any nate by the Hold of Directors orby any person empowered to make such appointzm aw This power of ■ttomey is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Via -President. Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of my power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, my revocation of any power of attorney, or artifiate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corpomdoo.^ IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate sal to be hereunto affixed this 17th day of November . 1994 . THE AMERICAN INSURANCE COMPANY is,� • I Kl eN By ya.armdm, STATE OF CALIFORNIA in. COUNTY OF MARIN On thio 17th day of November 19 9 4 , before me personally came M. A. Ma((onee to we known, who, being by me duly swum, did depose and say: that he is Via -President of THE AMERICAN INSURANCE COMPANY, the Corporation described In and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Hoard of Directors of said Corporation and &bat he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. OFFICIAL NOTARY SEAL A. KRIEGER -ni Notary Public—California aarMae MARIN COUNTY My Comm. Esp. MAR 20.1995 CERTIFICATE STATE OF CALIFORNIA ( ss COUNTY OF MARIN I, the undersigned, ResidentAssirtmtSecretary ofTHE A,�RICANINSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoiatand attached POWER OFATTORNEYremai as in full fora and has not been revoked- and furthermore that Article VII, Sections45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of AnomM are now in fora. Signed and sealed at the Comity of Marin. Dated the loth day of January '19 96 . •••�'.',1„r,ry amdm[A,mue, sreeap µ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of California County of San Francisco On January 10, 1996 before me, Martha M.G. Scholl, Notary Public DATE NAME, TITLE OF OFFICER - E.G., 'JANE DOE. NOTARY PUBLIC personally appeared visa B. Wofford NAME(S) OF SIGNERS) personally known to me - OR - to be the personX whose namep6 is/fife subscribed to the within instrument and ac- knowledged to me thatJ:tWshe/they executed the same in Ois/her/thel"r authorized capacity(isig), and that by his/her/the r signature('on the instrument the personae), or the entity upon behalf of which the person(p) acted, executed the instrument. r. MARTHA M.G. SCROLL • s' TRPBALFRNOAYY ULIC-CALIONIA WITNESS my hand and official seal. tl SAN FRANCISCO COUNTY n•• � � ^ Alm My Cmn. Expires Nov. 4, 1998 JVJ� SIGNATURE OF NOTARY Martha M.G. Scholl 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 REPRESENTIlh NAME OF PERSON(S) OR RMTY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 RELEASED Bond No. 11133221769 Premium: Included �DATE � SUBDIVISION LABOR AND MATERIAL BOND (G VE(tNMENT CODE, SECTION 66499.2) INITIAL G / ,the ity Council of the City of San Juan Capistrano, State of California, and Taylor Woodrow Homes California Ltd. (hereinafter designated as "Principal'), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain ddsignated improvements which said Agreement, dated December 21 . 19.J1_, and identified as Project Area D-2 Tract 13437 (known as San Juan Hills) 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 The American Insurance Cony . as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the peal sum Of Twn humdrnd thirty Pight thousand seven hundred seventy eight and 0/100 Dollars ($ 238.778.00 ) 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 1 of 2 SEWER 0 The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the 10th ' day of January , 19 .26_j the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. NOTE: Please Attach Acknowledgement and Power of Attorney PRINCIPAL Jeffrey Prostor, President Operations Taylo Wood ow Homes California Ltd. (NOTARIZATION AND SEAL) SURETYi, (NOTARIZATION AND SEAL) 2 of 2 Area -2 Tract 13437 (known as "San Juan Hills") POWE twL ATTORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorpotated under the laws of the State of New Jersey on February 20, 1846, and redomestiated to the State of Nebraska on June 1, 1990, and having its principal office in the County of Marin, State of California, has made, constituted and appointed, and does by these presents make, constitute and appointALAN SHIREK AND LISA B. WOFFORD, jointly or severally SAN FggANCIS ( ie its true and IawfW Anorn s)in- act, with full powaand authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds. undertaking, recognisances or other written obligations in the stature thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and conftrrning all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VIL Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VII. Appointment mad Authority of Resident Secretaries, Anorneysdo-Fad mod Agents to aerept legal Process and Make Appearances - Section 45. Appointment. The Chairman of the Hoard of Directors, the President, any VkaPreddent or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vfce-Preddeot may, from time to time, appoint Resident Assistant Seentarles and Attorueyafn-Fact to represent and as for mud on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 46. Authority: The authority of such Resident Assistant Secretaries, Attorneys -in -Fact and Agents shall be u prescribed in the instrument evidencing tbdr appointment. Any such appointment and an authority granted thereby may be moked at any time by the Baud of Directors or by may person empowered to make suet appoiatmeatT This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and beld on the 31st day of July, 1994, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of nay Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on soy certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation," IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its vice -President, and its corporate seal to be hereunto affixed this 17th day of November , 1994 j' THE AMERICAN INSURANCE COMPANY 7 •,i Br STATE OF CALIFORNIA (( ,a. COUNTY OF MARIN On this 17th day of November 1 19 94 before me personally came M. A. Mallonee to me known, who, being by me duly sworn, did depose and say: that he is Vice -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate ual; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal, the day and year herein fust above written, OFFICIAL NOTARY SEAL , A. KRIEGER Notary Public —Calltontia w,rrubm 61 MARIN COUNTY My Comm. Exp. MAR 20,1995 CERTIFICATE STATE OF CALIFORNIA ss - COUNTY OF MARIN Signed and sealed at the County of Marin. Dated the 10th CAN INSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that M force and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the Directors; set forth in the Power of Attorney, we now in fora. day of January J��•1 , 19 96 . adeex�s.eaasy CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of California San Francisco Ir On January 10, 1996 before me, Martha M.G. Scholl, Notary Public DATE NAME, TRLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC' No. 5907 personally appeared Lisa B. Wofford NAME(S) OF SIGNER(S) , 19 personally known to me - OR - to be the personX whose namep4 is/efer subscribed to the within instrument and ac- knowledged to me thatW/she/they executed the same in tyWher/thei-r authorized capacity(ia-9), and that by,bis/her/ttwf-rr signature(Won the instrument the person(s), or the entity upon behalf of which the person(.9) acted, executed the instrument. MARTHA M.G. ZZI COMM. # 1040294 s' > NOIARY PUBLICCALIFORNIA o WITNESS my hand and offiCCial seal. a SAN FRANCISCO COUNTY My Cortin. Expires Nov. 4, 1998 ' �.(---1{N\'.,i,- ►4tIJ► \ti(eltC� (X) SIGNATURE OF NOTARY Martha M.G. Scholl 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 El GENERAL ElATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTM 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 01993 NATIONAL NOTARY ASSOCIATION -8236 Remmet Ave., P.O. Box 7184- Canoga Park CA 91309-7184 FIRST AMERICAN TITLE COMPeNY 4 SuSDIJISION DEPARTbtEK f. RECORDING REQUESTED BY: AND WHEN RECORDED RETURN TO: City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 PROJEC This Document was electronically recorded by Firs Werican Title -13 Recorded in Official Records, County of Orange Tom Daly, Clerk -Recorder II IIII IIIII IIII I III IIII IIII IIiII III IIIA lI IBU II 12.00 2003000417202 11:35am 04/15/03 108 32 A31 4 0.00 0.00 0.00 0.00 6.00 0.00 0.00 0.00 ASSIGNMENT OF IMPROVEMENT AGREEMENTS The undersigned, Taylor Woodrow Homes, Inc., a California corporation ("Taylor Woodrow"), hereby assigns to S. J. Hills, a California limited partnership ("S. J. Hills"), all of its right, title and interest in and to that certain Subdivision Improvement Agreement between The Lusk Company a California corporation ("Lusk"), as "Developer" and the City of San Juan Capistrano, a municipal corporation as "City", a copy of which is attached hereto as Exhibit A-1, and which was recorded on September 12, 1991, as Instrument No. 91-496386, in the Official Records of the County Recorder of Orange County, California ("Subdivision Improvement Agreement"), the Developer's interest under which was assigned to Glendale Federal Bank, a California corporation ("Glendale"), by Lusk by that certain Assignment of Improvement Agreements recorded June 26, 1995 as Instrument No. 95- 0270214, in the Official Records of the County Recorder of Orange County California, and was further assigned by Glendale to Taylor Woodrow by that certain Assignment of Improvement Agreements recorded on March 22, 1996 as Instrument No. 1996-140123 in the Official Records of the County Recorder of Orange County, California. Dated: Anril 9, 2003 E:\Don.Stcffemen\W md\San Jnan\032803 Assignment of Impiwemcm Agreemrnta.doc TAYLOR N a California Its: S. Division HOMES, INC. By: !1)G` -f 36- S4-*-- , Donald D. Steffensen, Jr. Its: Secretary This Assignment is hereby accepted by S. J. Hills and S. J. Hills hereby assumes for the benefit of the City and Taylor Woodrow, all of the obligations of Developer under the Subdivision Improvement Agreement. Dated: q / 11 / C'_5 12003 S. J. Hills a California limited partnership 13 C evtAML7NFTI ES (3N1u70YI.. Itl C 6• ��I i-rr�th. c�ra� . Its:-. '+n Its: ts:.'+n Its: 2 E:\Don.Steffensen\Word\San Jwn\032803 Assignment of Improvement Agreements.doe y STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On Avi,)uj H 2003, before me, L ampersonally appeared Gregory S, Balen and Donald D. Steffe sen, Jr., personally known to me (or proved to fne on the basis of s etcry e iate) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. �rrwr14sinn � t?ZTlM Z&W Puck -comma STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On 1 �+ �,_00,,37 before me slGvLn } • Zi/i o`T /l d kt,z, iiuh), � ; personally appeared J/ Se11 L� a n j .,-personally known to me (or proved to me on the basis of satisfactory evidence) to b6 the persons whose namessubscribed to the within instrument and acknowledged to me that tl�executed the same in t�Ir aufhorized capacitieyand that by tbAirSsignatures on the instrument the person$, or the entity upon 1PAlf of which the perSops acted, executed the instrument. WITNESS my hand and official seal. GWEN A. ELLIOTT 0 COMM. #1209520 0 0 NOTAIIY PUMIC- CALIFOFlNIA F ONAN(U COUNTY 0 MY Cuuun_L•pbn•July d, 2004 E?Do..StefreoseP\Wo,d\S•n J=n\A32803 Assignment of Improvement Agreements.dm ..—A Ir a I�i/_ L! I • 1 1 1 1 1 / 1 Government Code 27361.7 I certify under the penalty of perjury that the notary seal on this document reads as follows: Name of Notary: MICHELLE R. LEONDIS Date Commission Expires: JULY 2, 2003 County where Bond is Filed: ORANGE Commission No.: 1227304 ManufacturerNendor No.: NNAI Place of execution -,Santa Ana Dale- April 15, 2003 CL FIRST AME IC(A/�/N TITLE COMPANY Government Code 27361.7 I certify under the penalty of perjury that the notary seal on this document reads as follows: Name of Notary: GWEN A. ELLIOTT Date Commission Expires: JULY 4, 2004 County where Bond is Filed: ORANGE Commission No.: 1269520 ManufacturerNendor No.: TCC1 Place of execution - Santa Ana Date- April 15, 2003 FIRST AM RICAN TITLE COMPANY RECORDING REQUESTED BY: AND WHEN RECORDED RETURN TO: City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 16 Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder lI I I IIII iII II I III VIII I I I IIIIi iII 11111111111111111111111 40,00 19960140123 10;42am 03/22/96 005 29003699 29 04 R30 12 7.00 33.00 0.00 0.00 0.00 0.00 PROJECT: Final Map, Tracts The undersigned, Glendale Federal Bank, a California �T corporation ("Glendale Federal"), hereby assigns to Taylor Woodrow Homes California Ltd., a California corporation ("Taylor Woodrow"), all of its right, title and interest in and to those ( j' certain Subdivision Improvement Agreements between Lusk Company, a California corporation ("Lusk") as "Developer" and the City of t San Juan Capistrano, a municipal corporation, as "City", copies of which are attached hereto as Exhibits A-1, A-2 and A-3 and which were recorded on September 12, 1991, as Instrument Nos. 91-496386, 91-496388 and 91-496389, respectively, in the Official Records of the County Recorder of Orange County, California, the Developer's interest under which were assigned to Glendale Federal by Lusk by that certain Assignment of Improvement Agreements recorded June 26, 1995 as Instrument No. 95-0270214, in the Official Records of the County Recorder of Orange County, California. GLENDALE FEDERAL BANK, a California corporation / By: G Its: G t f Its: 1. 0044988.01 STATE OF CALIFORNIA ss COUNTY 9F=-7 ARa�N On II-) - ��' 1 96 b fore me, personally appeared �� r� ��l r�. �� • G. perrsonall, kn to e (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.-- Y SEGER 'O WITNESS my hand and official seal. M465 S� CALIFORNA (L !' s Conryry STATE OF CALIFORNIA COUNTY OF ORANGE Notary Pubic ih and for Said County and State ss. On , 1996, before me, , personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for Said County and State 4. 0044988.01 BEVERLY SIC ^- ..�,`. m Comm # 9864t : NOTARY PUSUC IUs Angeles County .-. Mr Com: GluesAW. 3, 1"_'� STATE OF CALIFORNIA COUNTY OF ORANGE Notary Pubic ih and for Said County and State ss. On , 1996, before me, , personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for Said County and State 4. 0044988.01 This Assignment is hereby accepted by Taylor Woodrow and Taylor Woodrow hereby assumes for the benefit of the City, Lusk and Glendale Federal, all of the obligations of Developer under the Subdivision Improvement Agreements. TAYLOR WOODROW HOME CALIFORNIA LTD., a lifornia corMration`; /1 M Its: By: L Its: $8 crt 2. 0044988.01 Y • • STATE OF CALIFORNIA COUNTY OF ORANGE On 1-50-C(p , 1996, ss. fore me, lclmm ze, personally known to me (or sfactory evidence) to be the subscribed to the within that he/she/they executed the capacity(ies) and that by instrument the person(s), or person(s) acted, executed the personally appeared -x ;CA x-1, proved to me on the basis of sati person(s) whose name (s) is/are instrument and acknowledged to me same in his/her/their authorized his/her/their signature (s) on the the entity upon behalf of which the instrument. WITNESS my hand and official STATE OF CALIFORNIA TAMMIE VON MEGA Commbdan • 1056612 =e' Notary Pu We - CaYfallo ■ # ■ MY Camnr.J�tdnn19.1999 i County and State > and for ss.� COUNTY OF ORANGE On 1996, =re me, lamch�UbCl�i personally appeared (t v,-L.personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and 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 offigf-al seal.' TAMMIE VON NEM Cam. Oft i 1066612 ORANGE COUNTY /ate MY COMM. EY0"Jul 19.1999 r t � D,. V, IA -F '.n and County and State 3. 0044988.01 Sa llil r -`I? Z 4.aurq Pubi curio - ii ORAht � -;0u IV iy ".,_•, t,� F..,';... ,,.� 19.1999 STATE OF CALIFORNIA TAMMIE VON MEGA Commbdan • 1056612 =e' Notary Pu We - CaYfallo ■ # ■ MY Camnr.J�tdnn19.1999 i County and State > and for ss.� COUNTY OF ORANGE On 1996, =re me, lamch�UbCl�i personally appeared (t v,-L.personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and 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 offigf-al seal.' TAMMIE VON NEM Cam. Oft i 1066612 ORANGE COUNTY /ate MY COMM. EY0"Jul 19.1999 r t � D,. V, IA -F '.n and County and State 3. 0044988.01 Sa �,�: - � � .,,,�,gr•��...,�w�.r..,�r..,..,, � AC' ..� .q t t A.. . _ RECEIYE7 9 { 4 9e 3 he 40 SEP 30 1 25 99'91 7TT :_-na OSP-ATMENT Cr-.! CF SAM JU1h :1: +SNP RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92673 0 RECORDED IN OFFICIAL RECCROS Of ORANGE COUNTY, CALiFORMA 4:00 P.M. SEP 12 1991 c4 e2-'7�Ratoider CHERYL FEES EXE T CODE 5 Tract 13436 _ IMPROVEMENT AGREEMENT DUE TO 3N 6103 THI5 AGREEMENT, made pursuant to the provisions of Division 2 of Title 7 of the Government Code of the State of California, by and between the City of San Juan Capistrano, a Municipal Corporation. hereinafter called the "CITY" and The Lusk Company, whose mailing address iu P.O. Box C-19560. Irvine. California 92713. hereinafter called the "DEVELOPER". WITNESSETH: WHEREAS, the CITY has conditionally approved Tentative Tract 13436; and WHEREAS. DEVELOPER desires to postpone the completion of the public and/or private improvements for three years; and WHEREAS. in consideration of the CITY's approval of the request for postponement, DEVELOPER has agreed to provide such security as may be required by CITY to guarantee that all improvements for Tract 13436 will be installed in a timely manner. NOW. THEREFORE, in consideration of the premises and promises hereinafter contained CITY and DEVELOPER agree as follows; I. DEVELOPER shall. at its sole cost and expense. provide and furnish all labor. materials and equipment for the installation of improvements for Tract 13436 shown on the Improvement Plans and Specifications approved by the CITY; ail such plans and specifications are on file in the office of the City Engineer and are incorporated herein by reference. "Improvements" include•. all off-site grading work; paving of all streets. alleys and public service easement; construction of concrete curbs. gutters. cross gutters and sidewalk; installation of storm drainage and sanitary sewerage facilitie; installation of underground conduit street lighting system; installation of all street sign; the supplying and planting of all parkway trees, the installation of all appurtenance; the furnishing of all engineering costs and services to do and complete said work; and to do and complete all other acts and obligations required by the CITY as condition of the approval of the project. The City Engineer shall determine the estimated costs of said improvements to be used for the security required herein. EXHIBIT "al" 0 2. DEVELOPER shall at its sole cost and expense, provide and install all on- site water mains and appurtenances and shall provide all labor and materials to connect the same to existing mains and facilities of the Capistrano Valley Water District. in accordance with all of the requirements of said District. 3. DEVELOPER agrees to pay all applicable fees imposed by CITY's ordinance and resolutions as conditions of approval of Tract 13436 and the improvements therefor. 4. DEVELOPER shall provide the following surety. all of which shall meet the requirements of Chapter 5, Division 2. Title 7 of the Government Code: (a) a faithful performance surety in an amount equal to the total estimated cost of work for improvements not to be dedicated to the CITY but inspected by CITY personnel; (b) a faithful performance surety equal to the total estimated cost of work and improvements to be dedicated to the CITY; (c) a labor and materials surety equal to the total estimated cost of work and improvements to be dedicated to the CITY securing payment to the contractor, any sub -contractors and persons providing equipment, labor and/or materials for and/or account of such improvements. The surety bonds shall provide that CITY, as beneficiary, shall be entitled to attorney's fees in the event that CITY is required to bring legal action to enforce the terms of the surety. 5. The City Engineer of the City of San Juan Capistrano may make such changes, alterations or additions to the plans and specifications for said work and improvements which do not exceed ten percent (10%) of the total estimated cost set forth in paragraph 4 above, as may be determined necessary and desirable by him for the proper completion of said work and improvement or as required for the safety and welfare of the public and no such changes, alterations or additions shall relieve the DEVELOPER from the faithful performance of this agreement. 6. DEVELOPER agrees to complete all of said work and improvement and to pay all costs specified herein within a period of three years from the date of this agreement. if additional time is needed, an extension may be granted by the City Engineer on the showing of good cause. Any such extension shall, however, be subject to all of the terms and conditions of this agreement. and any surety or other security shall continue in full force and effect until the work and improvement has been accepted by the CITY. 7. DEVELOPER agrees that CITY may, without any notice, and at its sole option, at any time after the time for completion has passed, complete. or cause to be completed, all or any part of the said work, and DEVELOPER shall pay to said CITY. upon demand, all of the cost of any of said work done by the CITY, its agents and contractors, or any of them, to complete all or any part of said work. g. DEVELOPER agrees to pay CITY such sum as the Court may adjudge as reasonable for the legal services of any attorney representing the CITY in any action brought to enforce or interpret the obligations of this instrument, and such sum shall be made a part of any judgment in such action against the DEVELOPER if such action is determined in favor of the said CITY. 9. CITY. its officers and employees, except for their own acts shall not be 'fable or responsible for any accident, loss or damage happening or occurring to the improvements specified in this agreement prior to the completion and acceptance of said improvements by the CITY. 10. DEVELOPER shall perform all work in a safe workmanlike manner and shall take such precautions as may be necessary to warn and protect the public from any dangerous condition caused by the construction of said improvements. ll. DEVELOPER shall hold CITY, its officers and employees harmless from any and all claims, demands, causes of action, liability or loss of any sort because of, or arising out of, the acts or omissions of the DEVELOPER, his contractor, sub -contractors. agents or employees in the performance of this agreement. DEVELOPER shall maintain liability insurance in the amount of $1,000.000 combined single limit at all times during the life of this agreement, naming the CITY as a co-insured. 12. CITY agrees, in consideration of the promises herein made by DEVELOPER, to permit the DEVELOPER to postpone the completion of improvements for three years until July 16, 1994. 1991. IN WITNESS WHEREOF, the parties have executed this agreement as of July 16, DATE: July 16, 1991 ATTEST: CITYOF SAN JUAN CA TRANO KENNETH FRIESS, MAYOR DEVELOPER THE LUSK COMPANY OWNS ) a California corporation (LUSK-SAN JUAN DIVISION) CHERYL JO N, CITY CLERK BY oTCE PRESIDENT APPROVED AS TO FORM: C7 THOtiAS P. CLARK, CITY AT EY BY�Q Secretary APPROVED LEGAL DEPT. �Ll/ R�•; E1Vf7 S;r 30 l �s Dill CITY LERX OEFtATMFNT CRY OF S1N :URN :-"°-RAN:. RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92677 RECOROEO ILIAL RECCROS OF ORANG NTr. CAUFORNIA 4:00011ta► P.M. SEP 1 21991 .0 c4 Q. t1'344-w--/,Recortkr 4l 4-0) 6 3 88 RECORD G FEES EXEMPt DUE TO GOVERN M T CODE SECTION 6103 CHERYL J OH, CITY ERK PROJECT: Tract 13437 IMPROVEMENT AGREEMENT THIS AGREEMENT, made pursuant to the provisions of Division 2 of Title 7 of the Government Code of the State of California, by and between the City of San Juan Capistrano, a Municipal Corporation, hereinafter called the "CITY" and The Lusk Company, whose mailing address iso P.O. Bos C-19760, Irvine, California 92713. hereinafter called the "DEVELOPER". WITNESSETH: WHEREAS, the CITY has conditionally approved Tentative Tract 13437; and WHEREAS. DEVELOPER desires to postpone tete completion of the public and/or private improvements for three year; and WHEREAS, in consideration of the CITY's approval of the request for Postponement. DEVELOPER has agreed to provide such security as may be required !:v CITY to guarantee that all improvements for Tract 13437 will be installed in a timely manner. NOW. THEREFORE, in consideration of the premises and promises hereinafter contained CITY and DEVELOPER agree as follows: 1. DEVELOPER shall. at its sole cost and expense, provide and furnish at[ labor, materials and equipment for the installation of improvements for Tract 13437 shown on the Improvement Plans and Specifications approved by the CITY; all such plans and specifications are on file in the office of the City Engineer and are incorporated herein by reference. "Improvements" include. all oft -site grading work; paving of all streets, alleys and Public service easement; construction of concrete curbs, gutters. cross gutters and sidewalk; installation of storm drainage and sanitary sewerage facilities; installation of underground conduit street lighting system; installation of all street signs•, the supplying and planting of all parkway tree; the installation of all appurtenance; the furnishing of all engineering touts and services to do and complete said work; and to do and complete all other acts and obligations required by the CITY as condition of the approval of the project. The City Engineer shall determine the estimated costs of said improvements to be used for the security required herein. EXHIBIT "Ai" 0 0 9. CITY, its officers and employees, except for their own acts shall not be liable or responsible for any accident, loss or damage happening or occurring to the improvements specified in this agreement prior to the completion and acceptance of said improvements by the CITY. 10. DEVELOPER shall perform all work in a safe workmanlike manner and shall take such precautions as may be necessary to warn and protect the public from any dangerous condition caused by the construction of said improvements. 11. DEVELOPER shall hold CITY, its officers and employees harmless from any and all claims. demands, causes of action, liability or loss of any sort because of, or arising out of, the acts or omissions of the DEVELOPER. his contractor, sub -contractors, agents or employees in the performance of this agreement. DEVELOPER shall maintain liability insurance in the amount of $1.000.000 combined single limit at all times during the life of this agreement, naming the CITY as a co-insured. 12. CITY agrees, in considerati DEVELOPER. to permit the DEVELOPER to for three years until July 16, 1994. 1991. on of the promises herein made by postpone the completion of improvements IN WITNESS WHEREOF, the parties have executed this agreement as of July 16, DATE: July 16, 1991 ATTEST: APPROVED AS TO FORM: Tom Clark, CITY ATTORNEY CITY OF SAN JUAN CAPISTRANO Kenneth Priess, THE LUSK CORPANY naW DEVELOPER a California corporation (LUSK-SAN JUAN DIVISION) BY PICC FRESIDM BY Secretary M tl�"? nn. .ISI; TSJ. RECORDING REQUESTED BY .AND WHEN RECORDED RETURN TO: City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano. CA 92673 91 49(0389 PECORDEt IN Of_1c;A4 RECORDS OF ORANGE COON*v. CALIFC RNLA 4:40 SEP- 04, Q 4,;vw+ Recorder RECORO4,NC, FEEXEXEMPT DUE TO GOVERNMENT QOODE SECTION 6103 CLS:?X PROJECT: Tract 13866 IMPROVEMENT AGREEMENT THIS AGREEMENT. made pursuant to the provisions of Division 2 of Title 7 of the Government Code of the State of California, by and between the City of San Juan Capistrano, a Municipal Corporation. hereinafter called the "CITY" and The Lusk Company, whose mailing address is: P.O. Box C-19360. Irvine. California 92713. hereinafter called the "DEVELOPER". W I T N E 5 5 E T H : WHEREAS, the CITY has conditionally approved Tentative Tract 13866; and WHEREAS. DEVELOPER desires to postpone the completion of the public and/or private improvements for three years; and WHEREAS, in consideration of the CITY's approval of the request for postponement. DEVELOPER has agreed to provide such security as may be required by CITY to guarantee that all improvements for Tract 13866 will be installed in a timely manner. NOW. THEREFORE, in consideration of the premises and promises hereinafter contained CITY and DEVELOPER agree as follows: 1. DEVELOPER shall. at its sole cost and expense. provide and furnish all labor. materials and equipment for the installation of improvements for Tract 13866 shown on the Improvement Plans and Specifications approved by the CITY; all such plans and specifications are on file in the office of the City Engineer and are incorporated herein by reference. '9mprovements" include. all off-site grading work; paving of all streets, alleys and public service easements; construction of concrete curbs, gutters. cross gutters and sidewalks; installation of storm drainage and sanitary sewerage facilities; installation of underground conduit street lighting system; installation of ail street signs; the supplying and planting of all parkway trees; the installation of all appurtenances; the furnishing of all engineering costs and services to do and complete said work; and to do and complete all other acts and obligations required by the CITY as condition of the approval of the project. The City Engineer shall determine the estimated costs of said improvements to be used for the security required herein. EXHIBIT "A3" r .t�, 4: i Tact k 3666 2. DEVELOPER shall at its sole cost and expense. provide and install all on- site water mains and appurtenances and shall provide all labor and materials to connect the same to existing mains and facilities of the Capistrano Valley Water District. in accordance with all of the requirements of said District. 3. DEVELOPER agrees to pay all applicable fees imposed by CITY's ordinance and resolutions as conditions of approval of Tract 13866 and the improvements therefor. 4. DEVELOPER shall provide the following surety, all of which shall meet the requirements of Chapter 3, Division 2, Title 7 of the Government Code: (a) a faithful performance surety in an amount equal to the total estimated cost of work for improvements not to be dedicated to the CITY but inspected by CITY personnel; (b) a faithful performance surety equal to the total estimated cost of work and improvements to be dedicated to the CITY; (c) a labor and materials surety equal to the total estimated cost of work and improvements to be dedicated to the CITY securing payment to the contractor, any sub -contractors and persons providing equipment, labor and/or materials for and/or account of such improvements. The surety bonds shall provide that CITY, as beneficiary, shall be entitled to attorney's fees in the event that CITY is required to bring legal action to enforce the terms of the surety. S. The City Engineer of the City of San Juan Capistrano may make such changes, alterations or additions to the plans and specifications for said work and improvements which do not exceed ten percent (10%) of the total estimated cost set forth in paragraph 4 above, as may be determined necessary and desirable by him for the proper completion of said work and improvement or as required for the safety and welfare of the public and no such changes, alterations or additions shall relieve the DEVELOPER from the faithful performance of this agreement. 6. DEVELOPER agrees to complete all of said work and improvement and to pay all costs specified herein within a period of three years from the date of this agreement. If additional time is needed, an extension may be granted by the City Engineer on the showing of good cause. Any such extension shall, however, be subject to all of the terms and conditions of this agreement, and any surety or other security shall continue in full force and effect until the work and improvement has been accepted by the CITY. 7. DEVELOPER agrees that CITY may, without any notice, and at its sole option, at any time after the time for completion has passed, complete, or cause to be completed. all or any part of the said work, and DEVELOPER shall pay to said CITY, upon demand. all of the cost of any of said work done by the CITY, its agents and contractors, or any of them, to complete all or any part of said work. 8. DEVELOPER agrees to pay CITY such sum as the Court may adjudge as reasonable for the legal services of any attorney representing the CITY in any action brought to enforce or interpret the obligations of this instrument, and such sum shall be made a part of any judgment in such action against the DEVELOPER if such action is determined in favor of the said CITY. IECT: Tract 11866 9. CITY, its officers and employees. except for their own acts shall not be liable or responsible for any accident, loss or damage happening or occurring to the improvements specified in this agreement prior to the completion and acceptance of said improvements by the CITY. 10. DEVELOPER shall perform all work in a safe workmanlike manner and shall take such precautions as may be necessary to warn and protect the public from any dangerous condition caused by the construction of said improvements. 11. DEVELOPER shall hold CITY, its officers and employees harmless from any and all claims, demands, causes of action, liability or loss of any sort because of, or arising out of, the acts or omissions of the DEVELOPER, his contractor, sub -contractors. agents or employees in the performance of this agreement. DEVELOPER shall maintain liability insurance in the amount of $1,000,000 combined single limit at all times during the life of this agreement, naming the CITY as a co-insured. 12. CITY agrees, in consideration of the promises herein made by DEVELOPER, to permit the DEVELOPER to postpone the completion of improvements for three years until July 16, 1994.. IN WITNESS WHEREOF, the parties have executed this agreement as of July 16, 1991. DATE: July 16, 1991 ATTEST: APPROVED AS TO FORM: OAS P. CLARK, CITY/ATTOR�qt CITY OF SAV JUAN CAPISTRANO ' _✓_2_ 4,Ei FRIESS, ;`lAYOR DEVELOPER THE LUSK COMPANY (OWNER) a California corporation s(LUSK-SAN JUAN DIVISION) BY 7ICE PRESIDENT i - becretary APPPCVED LEe;I DEPT. onuo use IS March 15, 1996 Mr. Richard H. Curtis, Jr. Glendale Federal Bank 401 North Brand Boulevard, Suite M-722 Glendale, California 91203 MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL WYATT HART GILJONES CAROLYN NASH DAVID SWERDLIN CITY MANAGER GEORGE SCARBOROUGH Re: Assianment of Improvement Agreements - Tracts 13436. 13866 and 13437 Dear Mr. Curtis: At their meeting of March 5, 1996, the City Council of the City of San Juan Capistrano approved the Assignment of Improvement Agreements for Final Tract Maps 13436, 13866 and 13437 from Glendale Federal Bank to Taylor Woodrow Homes California, Ltd. A copy of Resolution No. 96-3-5-2, setting forth the City Council's action is enclosed for your information. The original Assignment of Improvement Agreements document has been forwarded to the Orange County Recorder's office. A copy of the document is also enclosed for your files. Please feel free to contact Sam Shoucair at 443-6355 if you have any questions. Very truly yours, Cheryl Johnson City Clerk Enclosure cc: Engineering and Building Director (with copy of Agreement/Resolution) Sam Shoucair (with copy of Agreement/Resolution) 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171 0 0 RESOLUTION NO 96-3-5-1 AC IEPTANCR OF EASEMENTD D - LOT D TRACT 13865 AREA C (PACIFIC COMMUNITY BUILDERS) (TOLL BROTHERS. TRACT 13726. AREA H - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING AN EASEMENT DEED FOR EMERGENCY AND CONSTRUCTION ACCESS PURPOSES WITHIN LOT D, TRACT 13865, FROM PACIFIC COMMUNITY BUILDERS (TOLL BROTHERS, TRACT 13726) The Mayor and City Clerk were authorized to execute the Resolution, and the City Clerk was directed to forward the Easement Deed to the County Recorder. The Claim for Damages filed by Lance A. Adair of the law offices of Jackson, DeMarco & Peckenpaugh, on behalf of ARV Assisted Living, Inc., was denied in its entirety, as set forth in the Report dated March 5, 1996, from the City Attorney. The Claim for Damages Sled by Lance A. Adair of the law offices of Jackson, DeMarco & Peckeopaugh, on behalf of Nationwide Health Properties, Inc., was denied in its entirety, as set forth in the Report dated March 5, 1996, from the City Attorney. ut .r :.l• J: r r r ,X• . • : • .l• 1 mej ua xx ri r• • 11 1 As set forth in the Report dated March 5, 1996, from the Engineering and Building Director, the following Resolution was adopted 1) assigning the Improvement Agreements from Glenfed to Taylor Woodrow Homes California Ltd. for Tracts 13436, 13437, and 13866, and 2) approving the substitution of the Glenfed bonds with equivalent sureties from Taylor Woodrow Homes: 96 -3 -5 - SUBSTITUTION FOR TRACTS 13436. 13437. AND 13866 - A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE ASSIGNMENT OF IMPROVEMENTS AND THE SURETY SUBSTITUTION TO TRANSFER ALL OBLIGATIONS, DUTIES, AND RIGHTS FROM THE GLENDALE FEDERAL BANK (GLENFED) TO TAYLOR WOODROW HOMES CALIFORNIA LTD. CiN com'.k Minu� 0 0 RESOLUTION NO 96-3-5-I ACCEPTANCE OF EASEMENT DEED LOT D. TRACT 13865. ARRA C (PACIFIC COMMUNITY R1 TlI.DER ) (POLL BROTHERS. TRACT 13726- AREA H - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING AN EASEMENT DEED FOR EMERGENCY AND CONSTRUCTION ACCESS PURPOSES WITHIN LOT D, TRACT 13865, FROM PACIFIC COMMUNITY BUILDERS (TOLL BROTHERS, TRACT 13726) The Mayor and City Clerk were authorized to execute the Resolution, and the City Clerk was directed to forward the Easement Deed to the County Recorder. 11:421 E • :lu 0 •:u: :; pip W I Nex 12 I The Claim for Damages filed by Lance A Adair of the law offices of Jackson, DeMarco & Peckenpaugh, on behalf of ARV Assisted Living, Inc., was denied in its entirety, as set forth in the Report dated March 5, 1996, from the City Attorney. The Claim for Damages filed by Lance A Adair of the law offices of Jackson, DeMarco & Peckenpaugh, on behalf of Nationwide Health Properties, Inc., was denied in its entirety, as set forth in the Report dated March 5, 1996, from the City Attorney. • ; • yIm 2M1 "'1115 11: \IMI BUS ME61 =0 Iul' ; • / ul a ul .r 01IF4,11 el 93kil):14 I IIt rr . • • .P r; IR I •;►l: Y• .11 I As set forth in the Report dated March 5, 1996, from the Engineering and Building Director, the following Resolution was adopted 1) assigning the Improvement Agreements from Glenfed to Taylor Woodrow Homes California Ltd. for Tracts 13436, 13437, and 13866, and 2) approving the substitution of the Glenfed bonds with equivalent sureties from Taylor Woodrow Homes: -5- SUBSTITUTION FOR TRACTS 13436. 13437_ AND 13866 - A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE ASSIGNMENT OF IMPROVEMENTS AND THE SURETY SUBSTITUTION TO TRANSFER ALL OBLIGATIONS, DUTIES, AND RIGHTS FROM THE GLENDALE FEDERAL BANK (GLENFED) TO TAYLOR WOODROW HOMES CALIFORNIA LTD. Cim C.MG11 Nl m[ea .1- 0 0 RESOLUTION NO 96-3-5-1 ACCEPTANCE OF EASEMENT DEED LOT D. TRACT 13865 AREA C (P ACIFIC COMMIFNITY AlTU D RSI (TOLL. BROTHERS- TRACT 13726_ AREA H - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING AN EASEMENT DEED FOR EMERGENCY AND CONSTRUCTION ACCESS PURPOSES WITHIN LOT D, TRACT 13865, FROM PACIFIC COMMUNITY BUILDERS (TOLL BROTHERS, TRACT 13726) The Mayor and City Clerk were authorized to execute the Resolution, and the City Clerk was directed to forward the Easement Deed to the County Recorder. • �T • • : to • : u • � : ; t♦ � Ute t� t � The Claim for Damages filed by Lance A Adair of the law offices of Jackson, DeMarco & Peckenpaugh, on behalf of ARV Assisted Living, Inc., was denied in its entirety, as set forth in the Report dated March 5, 1996, from the City Attorney. 3110-1 : • to •:u: h: •►\./u .� r. ':• : t t► 1 1' The Claim for Damages filed by Lance A. Adan of the law offices of Jackson, DeMarco & Peckenpaugh, on behalf of Nationwide Health Properties, Inc., was denied in its entirety, as set forth in the Report dated March 5, 1996, from the City Attorney. • c7mGY•Tl[Irl(•).��JJ:il�it►� .tui .r • t„r ; • 1 ut .r 1 •;\t r• .11 1 As set forth in the Report dated March 5, 1996, from the Engineering and Building Director, the following Resolution was adopted 1) assigning the Improvement Agreements from Glenfed to Taylor Woodrow Homes California Ltd. for Tracts 13436, 13437, and 13866, and 2) approving the substitution of the Glenfed bonds with equivalent sureties from Taylor Woodrow Homes: X SUBSTITU'T'ION FOR TRACTS 13436. 13437. AND 13866 - A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE ASSIGNMENT OF IMPROVEMENTS AND THE SURETY SUBSTITUTION TO TRANSFER ALL OBLIGATIONS, DUTIES, AND RIGHTS FROM THE GLENDALE FEDERAL BANK (GLENFED) TO TAYLOR WOODROW HOMES CALIFORNIA LTD. C'm C. =CllIWYIQ -4- 0 6 AGENDA ITEM March 5, 1996 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering & Building SUBJECT: Resolution, Approval of Assignment of Improvement Agreements and Substitution of Bonds, Tracts 13436, 13437 and 13866, Glendale Federal Bank (Glenfed) and Taylor Woodrow Homes California Ltd. Approve the Resolution assigning the Improvement Agreements from Glenfed to Taylor Woodrow Homes California Ltd. for Tracts 13436, 13437 and 13866 and authorize the Mayor to execute the Assignment Agreement. 2. Approve the substitution of the Glenfed bonds with equivalent sureties from Taylor Woodrow Homes California Ltd. SITUATION In 1993, Glenfed, the original land financier/developer of the above tracts (also known as Glenfed Area C&D), took back the land from the Lusk Company. At their meeting of June 6, 1995, the City Council approved the transfer of Assignment Agreement and Bond Substitution from Lusk to Glenfed. The improvement work for the tracts was to be the obligation of Glenfed until Taylor -Woodrow Homes (who was in the process of purchasing the land from Glenfed) completed the ownership transaction and executed a new Assignment Agreement. Glenfed sold the subject property to the Lusk Company in 1989. Lusk proceeded to record final maps, execute Improvement Agreements with the City in July of 1991 (see Exhibit A) and post bonds to ensure the completion of the public improvements. Glenfed was Lusk's lender for the acquisition of the property and for development and improvement costs. Through a Deed in Lieu of Foreclosure, Glenfed re -acquired ownership in May of 1993. A condition of said Deed in Lieu was that Glenfed replace all bonds. FOR CITY COUNCIL AGEN� �%\� 0 AGENDA ITEM March 5, 1996 Page 2 0 In July, 1994, Glenfed sold Parcels C and D to Pacific Communities Builders, Inc. A condition of this transaction was that Pacific replace all subdivision bonds, however, they were not required to do so until December 31, 1995. Prior to that time, Pacific sold and/or assigned (with Glenfed's approval) this obligation to Taylor Woodrow Homes. Since Taylor -Woodrow was not obligated to provide replacement bonds until the end of 1995 and Lusk insisted their bonds be replaced, replacement bonds in the name of Glenfed were submitted to the City and approved for acceptance by the City Council at their meeting of June 6, 1995. At this time, Glenfed is requesting that their bonds be released and that replacement bonds be accepted from Taylor Woodrow along with a new Assignment Agreement. The amounts and types of bonds posted by Taylor Woodrow to replace the Glenfed bonds currently held by the City are described in Exhibit "B". It should be noted that the bonds for Tract 13865 are not a part of this substitution as most of the improvements are completed and staff is working with the developer on bond reduction issues. It is therefore, Staffs recommendation to approve the request for approval of assignment and bond replacement since Glenfed is now out of the picture. COMMISSION/BOARD REVIEW. RECOMMENDATIONS R". FINANCIAL CONSIDERATIONS None NOTIFICATION Glendale Federal Bank Taylor Woodrow Homes California Ltd. 0 AGENDA ITEM March 5, 1996 Page 3 ALTERNATE ACTIONS 0 Accept the Resolution approving the Assignment of Agreement and equivalent bond substitution. Do not accept the Resolution. Refer to Staff for additional information. • n ►1_ZNU[9]k9I Approve the Resolution assigning the Improvement Agreement from the Glenfed to Taylor Woodrow Homes California Ltd. for Tracts 13436, 13437 and 13866 and authorize the Mayor to execute the Assignment Agreements. 2. Approve the substitution of the Glenfed bonds with equivalent sureties from Taylor Woodrow Homes California Ltd. Respectfully submitted, William M. Huber, P.E. WMH/SS:ssg attachments: 1. Resolution for the three tracts 2. Assignment of the three Improvement Agreements 3. Copies of the three Lusk Improvement Agreements (Exhibit A) 4. Development Bond List (Exhibit B) 5. Location Map (Exhibit C) aAagendas\2-20g1nfd. sam RESOLUTION NO. 96-3-5-2 A RESOLUTION OF THE CITY COUNCEL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE ASSIGNMENT OF IMPROVEMENTS AND THE SURETY SUBSTITUTION TO TRANSFER ALL OBLIGATIONS, DUTIES AND RIGHTS FROM THE GLENDALE FEDERAL BANK (GLENFED) TO TAYLOR WOODROW HOMES CALIFORNIA, LTD. WHEREAS, on the 16th day of July, 1991, the City of San Juan Capistrano entered into Improvement Agreements with the Lusk Company for the construction of certain public and private improvements servicing Tracts 13865, 13436, 13866 and 13437; and, WHEREAS, at their meeting of June 5, 1995, the City Council approved the transfer of Assignment Agreement and Bond Substitution from Lusk Company to Glenfed; and, WHEREAS, Glenfed has completed ownership transaction of Tracts 13436, 13866 and 13437 to Taylor Woodrow Homes California Ltd., and has requested to assign the subject improvements to Taylor Woodrow; and, WHEREAS, Taylor Woodrow Homes California Ltd., has posted sufficient sureties with the City of San Juan Capistrano for said improvement and monumentation work; and, WHEREAS, the City of San Juan Capistrano has no objection to said assignments and the substitution of sureties. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby approve the transfer of assignment of sureties substitution of said Improvement Agreements from Glendale Federal Bank to Taylor Woodrow Homes California Ltd. PASSED, APPROVED, AND ADOPTED this 5th day of March 1996. WYAT T, MAYOR ATTEST: CITY CLERIC`Y— -I- 0 0 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 96-3-5-2 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 5th day of March 1996, by the following vote: AYES: Council Members Jones, Nash, Swerdlin, Campbell and Mayor Hart NOES: None ABSTAIN: None ABSENT: None (SEAL) a'e_� CHERYL JO SO , CITY CLERK -2- 0 0 Hunsaker & Associates Irvine, Inc. Planning • Engineering • Surveying February 2, 1996 Mr. William Huber Director of Building and Engineering CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Subject: San Juan Replacement Bonds Tract Nos. 13436, 13437, and 13866 - C-2, D-1, D-2 of Glendale Federal Planned Community Dear Bill: On behalf of our Client, Taylor Woodrow Homes, we are submitting replacement bonds for public and private streets, sewer, storm drain and monumentation for Planning Area C-2, D-1 and D-2. The bonds being replaced are as follows: TRACI1343fi. AREAS_2 Three Hughes • Irvine, California 92718 • (714) 583-1010 • Fax (714) 583-0759 Offices: Irvine • Las Vegas • Riverside • San Diego Richard Hunsaker • Tom McGannon • John Micbler • Doug Snyder EXHIBIT "B" Glendale New Taylor Descrw= Amount EederaLBmds Woodrow Bonds Monuments $ 11,000 3SM 806 226 11133221819 Private Streets $ 488,218 3SM 806 228 11 133221637 Sewers $ 221,722 3SM 806 229 11133221645 Public Streets $ 167,500 3SM 806 230 11133221652 Storm Drains $ 287,628 3SM 806 231 11133221660 Three Hughes • Irvine, California 92718 • (714) 583-1010 • Fax (714) 583-0759 Offices: Irvine • Las Vegas • Riverside • San Diego Richard Hunsaker • Tom McGannon • John Micbler • Doug Snyder EXHIBIT "B" Glendale New Taylor Description Amount EederaLBonds W-oodrow fonds Sewers $ 225,984 3SM 806 236 11 133221694 Storm Drains $ 724,704 3SM 806 237 11133221710 Public Streets $ 370,000 3SM 806 238 11133221702 Private Streets $ 936,363 3SM 806 239 11133221686 Monuments $ 13,000 35M 806 241 11141572625 Three Hughes • Irvine, California 92718 • (714) 583-1010 • Fax (714) 583-0759 Offices: Irvine • Las Vegas • Riverside • San Diego Richard Hunsaker • Tom McGannon • John Micbler • Doug Snyder EXHIBIT "B" Mr: William Huber • . CITY OF SAN JUAN CAPISTRANO February 2, 1996 Page 2 TRACT -L3437, -AREA -D--2 We would like to replace these bonds as soon as possible. Your assistance in this matter will be greatly appreciated. Should you have any questions, please contact our office. Very truly yours, IATFS IRVINE, INC. ^icrard Fitch, Jr: Project Manager ARF:sa xc: Sam Shoucair, City of San Juan Capistrano Alfredo Ayuyao, Taylor Woodrow Jessica Flanagan, Taylor Woodrow Nelson Chung, Pacific Community Builders J. Simon, Sheppard Mullins, Richter & Hampton M. Barror, Glendale Federal Corporation W.O. #42-119 (e\rf\42-11911.dod Glendale New Taylor Description Amount Eederal-B_onds W odroyLftnds La Novia Bridge $1,141,900 3SM 806 242 11133221736 Public Streets $ 150,000 3SM 806 243 11133221744 Sewers $ 238,778 3SM 806 244 11133221769 Storm Drain $ 689,564 3SM 806 245 11133221777 Private Streets $ 892,440 3SM 806 246 11133227151 Monuments $ 9,250 3SM 806 248 11141572633 We would like to replace these bonds as soon as possible. Your assistance in this matter will be greatly appreciated. Should you have any questions, please contact our office. Very truly yours, IATFS IRVINE, INC. ^icrard Fitch, Jr: Project Manager ARF:sa xc: Sam Shoucair, City of San Juan Capistrano Alfredo Ayuyao, Taylor Woodrow Jessica Flanagan, Taylor Woodrow Nelson Chung, Pacific Community Builders J. Simon, Sheppard Mullins, Richter & Hampton M. Barror, Glendale Federal Corporation W.O. #42-119 (e\rf\42-11911.dod 0 VICINITY MAP N.T.S. 0 EXHIBIT " C " 0 0 ACTION BY THE BOARD OF DIRECTORS OF TAYLOR WOODROW HOMES CALIFORNIA LIMITED BY UNANIMOUS WRITTEN CONSENT WITHOUT A MEETING The undersigned, as members of the Board of Directors of TAYLOR WOODROW HOMES CALIFORNIA LIMITED, a corporation organized under the General Corporation Law of California, being ad of the members of such Board as presently constituted, do by this writing consent to the following action and adopt the following resdution: RESOLVED, that the following persons are elected to the office set forth opposite their respective names, to hold such office until their earlier death, resignation or removal: Richard E. Pope Jeffrey J. Prostor A. Michael Werttink C. Marie Hathaway Timothy J. Lampe President Mice President/Assistant Secretary Vice President/ Chief Financial Officer/Secretary Assistant Secretary Assistant Secretary RESOLVED FURTHER, that the officers of this Corporation be, and they hereby are, authorized and directed to execute ad documents and to take such action as they may deem necessary or advisable in order to carry out and perform the purposes of these resobAors. This Consent is executed pursuant td the Corporations Cade of the State of California and the Bylaws of this Corporation which authorize the taking of action by the Directors by unanimous written consent w4hotd a meetirxx DA D: March 30 1994 RICHARD E E JiFFAEY J. PROSTOR mmf*m/le i1 CERTIFICATE OF RESOLUTION t, Richard Pope, the President of Taylor Woodrow Homes Caldbmia Limited, a California Corporation, do hereby certify that the following resolution has been duly adopted by the Corporation: RESOLVED that the following officers of tads Corporation be and hereby are, authorized and directed to execute any and all documents pertaining to the Department of Real Estate for all tracts. The auttroriaad officers are: • Richard E. Pope, Presidwd • Jeffrey J. Prostor, Vice President(Assistant Secretary • A Michael Werift, V.P./Chief Financial Officer/Secretary • Carina Marie Hathaway. Assistart Secretary • Timothy J. Lampe, Assistant Secretary • Barbara J. Stowers, Assistant Secretary The undersigned hereby certifies that the above resolution is in fun farce and effect as of the date hereof and has not been modified, amended or rem. Dated thisist day of Navember, c.warw xa.1 r I, MEMBERS OF THE CIT' COUNCIL COLLENE CAMPBELL WYATT HART mm�ro�anl OIL JONES ' ululnem I96I CAROLYN NASH 1776 DAVID SWERDUN •^ • CITY MANAGER GEORGESCARBOROUGH March 15, 1996 Recorder's Office County of Orange P. O. Box 238 Santa Ana, California 92702 r u r• u r • n ililclqz YrqTr;r1%!11Fb7.r6Mr1xL�fc>F:�T Gentlemen: The following document is enclosed for recordation: Assignment of Improvement Agreements from Glendale Federal Bank to Taylor Woodrow Homes California Ltd., - Tracts 13436, 13866 and 13437 A check in the amount of $41 is enclosed to cover recording fees and the conformed copy charge. When placed of record, please return said document to this office. A duplicate copy of this letter is enclosed. Please stamp Document Number and date of recording on the letter and return it to this office in the enclosed, stamped. self-addressed envelope at your earliest convenience. Thank you for your cooperation. Very truly yours, Cheryl Johnson Cit Clerk Recorded in the county orange, California }' Gary L. Granville, Clerk/Recorder rk/Recorder Enclosure IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 40,00 19960140123 10:42am 03/22/96 005 29003699 29 04 A30 12 7.00 33.00 0.00 0.00 0.00 0.00 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949)493-1171 (949) 493-1053 (FAX), February 9, 2000 Mr. Robert C. Liewer Taylor Woodrow Homes, Inc. 24461 Ridge Route Drive Laguna Hills, California 92653 MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL JOHN GREINER MATT HART GIL JONES DAVID M. SWERDLN CITY MANAGER GEORGE SCARBOROUGH Re: Completion of Public Improvements and Release of Bonds - Tract 13866 Dear Mr. Liewer: At their meeting of February 1, 2000, the City Council of the City of San Juan Capistrano adopted Resolution No. 00-2-1-5, accepting the work completed for the construction of the public improvements within Tract 13866. A copy of Resolution No. 00-2-1-5 is enclosed for your information. The bonds will be exonerated upon the expiration of 35 days from recording of the Notice of Completion. The Notice was recorded on February 7, 2000; therefore, the bonds may be released on March 13, 2000. If you have any questions, please do not hesitate to call. Very truly yours, Cheryl John on City Clerk Enclosure cc: Keystone Pacific Property management (with enclosure) Director of Engineering and Building (with enclosure) Sam Shoucair (with enclosure) C San Juan Capistrano: Preserving the Past to Enhance the Future 011 0 RESOLUTION NO. 00-2-1-3, CALLING SPECIAL MUNICIPAL ELECTION - NOVEMBER 7. 2000 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2000, FOR THE ELECTION OF A COUNCIL MEMBER TO FILL A VACANCY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES RESOLUTION NO. 00-2-1-4, REQUESTING CONSOLIDATION OF SPECIAL MUNICIPAL ELECTION WITH NOVEMBER 7. 2000 STATEWIDE GENERAL ELECTION - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 7, 2000, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE, PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE >9. ADOPTION OF RESOLUTION, NOTICE OF COMPLETION AND RELEASE OF As set forth in the Report dated February 1, 2000, from Engineering and Building Director, the following Resolution was adopted: RESOLUTION NO. 00-2-1-5, COMPLETION OF IMPROVEMENTS AND RELEASE OF BONDS - TRACT 13886 (TAYLOR WOODROW HOMES CALIFORNIA, LTD.) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED IN ACCORDANCE WITH APPROVED PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF WORKS OF IMPROVEMENT WITHIN TRACT 13866 (TAYLOR WOODROW HOMES CALIFORNIA, LTD.) The City Clerk was directed to forward a Notice of Completion to the County Recorder. Staff was authorized to release the following sureties 35 days after recordation of the Notice of Completion: Surety Coverage (American Insurance Co.) Bond #11133221702 Bond #11133221686 Bond #11141572625 Bond #11133221710 Bond #11133221694 City Council Minutes -4- 2/1/00 Amount to Type of Improvement be Released Via Entrada, Private Street $370,000 Interior Private Streets $936,363 Monumentation $13,000 Storm drain $724,704 Sewer $225,984 City Council Minutes -4- 2/1/00 AGENDA ITEM February 1, 2000 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering & Building SUBJECT: Resolution, Notice of Completion and Release of Bonds for Tract 13866 (Taylor Woodrow Homes). RECOMMENDATION By motion: that the City Council adopt the draft resolution: Accepting the public storm drain and sewer improvement as well as the work of improvement for the private streets, street monumentation within Tract 13866 and authorize the release of the corresponding bonds. 2. Authorizing the City Clerk to file a Notice of Completion for the public and private improvements within Tract 13866 with the Orange County Recorder. SITUATION A. Summary and Recommendation Taylor Woodrow Homes(TWH) has requested the City to release the storm drain, sewer, street and street monumentation bonds held by the City. These improvements have been inspected and satisfactorily completed. Staff recommends the release of the corresponding bond. B. Background TWH, developer of 145 homes on approximately 45 acres of land subdivision in Tract 13866 (Also known as Glenfed, Planning Area 131), has completed the improvement work as required by the Tract's Conditions of Approval and the Improvement Agreement. The Final Map, along with said Improvement Agreement were approved by the City in July of 1991. FOR CITY COUNCIL AGEN A... ` j 1 O 9 AGENDA ITEM -2- February 1, 2000 With the completion of the improvements as noted in the summary above, the bond release is recommended as follows: SURETY COVERAGE TYPE OF AMOUNT (American Insurance Co.) IMPROVEMENT TO BE RELEASED Bond #11133221702 Via Entrada $370,000.00 ✓ Private Street Bond # 11133221686 Interior Private $936,363.00 Streets Bond #11141572625 Monumentation $13,000.00 Bond #11133221710 Storm drain $724,704.00 Bond #11133221694 Sewer $225,984.00 COMMISSION/BOARD REVIEW, RECOMMENDATIONS None FINANCIAL CONSIDERATIONS None NOTIFICATION Robert C. Liewer, Taylor Woodrow Homes Inc. Keystone Pacific Property Management. (For San Juan Hills Estates' HOA) ALTERNATE ACTIONS 1. Adopt the Resolution. 2. Do not adopt the Resolution. 3. Refer to Staff for additional information. 0 0 AGENDA ITEM -3- February 1, 2000 RECOMMENDATION By motion: that the City Council adopt the draft resolution: Accepting the public storm drain and sewer improvement as well as the work of improvement for the private streets and street monumentation within Tract 13866 and authorize the release of the corresponding bonds. Authorizing the City Clerk to file a Notice of Completion for the public and private improvements within Tract 13866 with the Orange County Recorder. Respectfully submitted, William M. Huber, P.E. Director of Engineering & Building WMH/SS:ss Attachment: 1. Resolution 2. Notice of Completion 3. Vicinity Map CAWPWIN60\WPD0CS AGENDA\TR13866F Prepared By: jam Shoucair Senior Engineer RESOLUTION NO. 00-2-1-5 COMPLETION OF IMPROVEMENTS AND RELEASE OF BONDS - TRACT 13866 (TAYLOR WOODROW HOMES CALIFORNIA. LTD.1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF WORKS OF IMPROVEMENT WITHIN TRACT 13866 (TAYLOR WOODROW HOMES CALIFORNIA, LTD.) WHEREAS, on the 16th day of July, 1991, the City of San Juan Capistrano entered into an Improvement Agreement with the Lusk Company for the construction of certain public and private improvements within Tract 13866; and, WHEREAS, on June 5, 1995, the City Council approved the transfer of Assignment Agreement and Bond Substitution from the Lusk Company to Glendale Federal Bank; and, WHEREAS, on March 5, 1996, the City Council approved the transfer of Assignment Agreement and Bond Substitution from Glendale Federal Bank to Taylor Woodrow Homes California Ltd.; and, WHEREAS, Woodrow Homes California Ltd., has requested that the City determine that the storm drain, sewer, street improvement and the street monumentations within Tract 13866 are complete and the following corresponding sureties be released accordingly: Surety Coverage Amount to (American Insurance Co.) Type of Improvement be Released Bond #11133221702 Via Entrada, Private Street $370,000 Bond #11133221686 Interior Private Streets $936,363 Bond #11141572625 Monumentation $13,000 Bond #11133221710 Storm drain $724,704 Bond #11133221694 Sewer $225,984 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano as follows: SECTION 1. That the storm drain and sewer improvements, as well as the street improvement and monumentation work, required to be performed by said Developer, have been completed. • 0 SECTION 2. That the work is hereby approved. SECTION 3. That the sureties may be released 35 days after recordation of the Notice of Completion. SECTION 4. That the City Clerk is directed to forthwith forward a "Notice of Completion" to the County Recorder of the County of Orange for recording. PASSED, APPROVED, AND ADOPTED this ist day of February 2000. • •- ATTEST: CITY CLERI 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. nn -2-1-s adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 1st day of February , 2000, by the following vote: AYES: Council Members Greiner, Hart, Swerdlin and Mayor Campbell NOES: None ABSTAIN: None ABSENT: None (SEAL) CHERYL J ANSON, CITY CLERK -2- Hunsaker & Associates Irvine, Inc. Planning • Engineering • Surveying February 2, 1996 Mr. William Huber Director of Building and Engineering CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Subject: San Juan Replacement Bonds Tract Nos. 13436, 13437, and 13866 - C-2, D-1, D-2 of Glendale Federal Planned Community Dear Bill: On behalf of our Client, Taylor Woodrow Homes, we are submitting replacement bonds for public and private streets, sewer, storm drain and monumentation for Planning Area C-2, D-1 and D-2. The bonds being replaced are as follows: If Three Hughes • Irvine, California 92718 • (714) 583-1010 • Far (714) 583-0759 Offices: Irvine • Las Vegas • Riverside • San Diego Richard Hunsaker • Tom McGannon • John Mtchler • Doug Snyder Glendale New Taylor Oe.4criotion Amount federal Bonds W-Qodrow Bonds Monuments $ 11,000 3SM 806 226 11133221819 Private Streets $ 488,218 3SM 806 228 11133221637 Sewers $ 221,722 3SM 806 229 11133221645 Public Streets $ 167,500 3SM 806 230 11 133221652 Storm Drains $ 287,628 35M 806 231 11 133221660 TRACT 13866, AREA D-1 Glendale New Taylor Description Amount Federal Bonds Woodrow Boncls Sewers $ 225,984 3SM 806 236 11133221694 Storm Drains $ 724,704 3SM 806 237 11133221710 Public Streets $ 370,000 3SM 806 238 11133221702 Private Streets $ 936,363 3SM 806 239 11133221686 Monuments $ 13,000 3SM 806 241 11141572625 Three Hughes • Irvine, California 92718 • (714) 583-1010 • Far (714) 583-0759 Offices: Irvine • Las Vegas • Riverside • San Diego Richard Hunsaker • Tom McGannon • John Mtchler • Doug Snyder ,k ,Mr. William Huber CITY OF SAN JUAN CAPISTRANO February 2, 1996 Page 2 We would like to replace these bonds as soon as possible. Your assistance in this matter will be greatly appreciated. Should you have any questions, please contact our office. Very truly yours, HU A. Ricl'iard Fitch, Jr: Project Manager IRVINE, INC. ARF:sa xc: Sam Shoucair, City of San Juan Capistrano Alfredo Ayuyao, Taylor Woodrow Jessica Flanagan, Taylor Woodrow Nelson Chung, Pacific Community Builders J. Simon, Sheppard Mullins, Richter & Hampton M. Barror, Glendale Federal Corporation W.O. #42-119 (e\rf\42-1 1911.dx) 1[<5 M Glendale New Taylor Qescdptisn Amour t Eeder"-onds Woodrow Bonds La Novia Bridge $1,141,900 3SM 806 242 11133221736 Public Streets $ 150,000 3SM 806 243 11133221744 Sewers $ 238,778 35M 806 244 11133221769 Storm Drain $ 689,564 35M 806 245 11 133221777 Private Streets $ 892,440 3SM 806 246 11133227151 Monuments $ 9,250 3SM 806 248 11141572633 We would like to replace these bonds as soon as possible. Your assistance in this matter will be greatly appreciated. Should you have any questions, please contact our office. Very truly yours, HU A. Ricl'iard Fitch, Jr: Project Manager IRVINE, INC. ARF:sa xc: Sam Shoucair, City of San Juan Capistrano Alfredo Ayuyao, Taylor Woodrow Jessica Flanagan, Taylor Woodrow Nelson Chung, Pacific Community Builders J. Simon, Sheppard Mullins, Richter & Hampton M. Barror, Glendale Federal Corporation W.O. #42-119 (e\rf\42-1 1911.dx) 1[<5 M r� &exander exander FEDERAL EXPRESS #8247130522 January 10, 1996 Ms. Jessica Flanagan Taylor Woodrow Homes California Ltd. 24461 Ridge Route Drive Laguna Hills, CA 92653-1686 SAN JUAN HILLS PROJECT TRACTS 13436,13437 & 13866 Dear Jessica: Alexander 8: Alexander of California, Inc. 333 Bush Street, Suite 600 San Francisco, CA 94104-2878 415-391-2600 Tel 415-773-4474 Fax Lisa Wofford Bond Manager In accordance with your requests, enclosed are the originals of the following: 11133221637 Performance/Labor & Materials Bond - City of San Juan Capistrano. San Juan Hills, Tract 13436 - Area C-2 project. Bond Term: 12/21/95 - 12/21/97 Bond Amount: $488,218.00 Premium: $4,394.00 11133221645 Performance/Labor & Materials Bond - City of San Juan Capistrano. San Juan Hills, Tract 13436 - Area C-2 project. Bond Term: 12/21/95 - 12/21/97 Bond Amount: $221,722.00 ✓ Premium: $1,996.00 11133221652 Performance/Labor & Materials Bond - City of San Juan Capistrano. San Juan Hills, Tract 13436 - Area C-2 project. V Bond Term: 12/21/95 - 12/21/97 Bond Amount: $167,500.00 Premium: $1,508.00 �under exander Ms. Jessica Flanagan Page 2 January 10, 1996 11133221660 Performance/Labor & Materials Bond - City of San Juan Capistrano. San Juan Hills, Tract 13436 - Area C-2 project. Bond Term: 12/21/95 - 12/21/97 Bond Amount: $287,628.00 ✓ Premium: $2,589.00 11133221678 Performance Bond - Capistrano Valley Water District. San Juan Hills, Tract 13436 - Area C-2 project. Bond Term: 12/21/95 - 12/21/97 Bond Amount: $426,000.00 Premium: $3,834.00 We will forward our invoices for the above premiums shortly. Since Lis Wofford Bond Manager /lw Enclosure RECORDED AT REQUEST OF AND RETURN TO: City of San Juan Capistrano City Clerk's Office 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Recorded in the County Of G IIIIIIIIIIIIIIIIWIIIIIIIINNIIIary L eNo Fee /Re°oadee�rngCalifornia 10000066789 108 73 .00 0.00 0.00 RECORDING FEES EXEMPT DUE TO 0150010000.0000 GOVNTECTION 6103 0.00 0.00 CC�, Doc Types; 015 4 /A2 x xi cneryi ,ionnsmx, L iT-vier San Juan Capistrano, CA NOTICE OF COMPLETION 2:41PM 02/07/00 00 0.00 M NOTICE IS HEREBY GIVEN that the Improvement Agreement between the City of San Juan Capistrano / and Taylor Woodrow Homes California, Ltd., 24461 Ridge route Drive, Laguna Hills, California 92653/,,� developer of Tract 13866, requires the developerto complete the following, to wit: Construction of Storm Y Drain, Sewer and Street Improvements in Conjunction with the Development of Tract 13866, in the City of San Juan Capistrano. X That said work was completed on December 17, 1999, by said Developer according to plans and loy specifications and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano, as the owner, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, at a regular meeting thereof held on the 1st day of February, 2000, by Resolution No. Oo -�-/-5 That upon said agreement, american Insurance Company was surety for the bonds for storm drain, sewer, street improvements and monumentation work in the amount of $2,270,051, for Tract 13866, given by the said company as required by law. Dated at San Juan Capistrano, California, this 2nd day of February, 2000. City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) the City of San Juan Capistrano, California, DO HEREBY CERTIFY, under penalty of perjury that the foregoing Notice of Completion is true and correct, and that said Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Clerk. Dated at San Juan Capistrano this 2nd day of February, 2000. Cheryl Johnson, gity Clilaft City of San Juan Capistrano Mxander exander FEDERAL EXPRESS #8247130522 January 10, 1996 Ms. Jessica Flanagan Taylor Woodrow Homes California Ltd. 24461 Ridge Route Drive Laguna Hills, CA 92653-1686 SAN JUAN HILLS PRCO TRACTS 13436, 13437 13866 Dear Jessica: Alexander & Alexander of California, Inc. 333 Bush Street, Suite 600 San Francisco, CA 94104-2878 415-391-2600 Tel 415-773-4474 Fax Lisa Wofford Bond Manager In accordance with your requests, enclosed are the originals of the following: .•r• •MINEEFUZO • e 11133221686 Performance/Labor & Materials Bond - City of San Juan Capistrano. San Juan Hills, Tract 13866 -Area D-1 project. Bond Term: 12/21/95 - 12/21/97/ Bond Amount: $936,363.00 �/ Premium: $8,427.00 11133221694 Performance/Labor & Materials Bond - City of San Juan Capistrano. San Juan Hills, Tract 13866 -Area D-1 project. / Bond Term: 12/21/95 - 12/21/97 V Bond Amount: $225,984.00 Premium: $2,034.00 11133221702 Performance/Labor & Materials Bond - City of San Juan Capistrano. San Juan Hills, Tract 13866 -Area D-1 project. Bond Term: 12/21/95 - 12/21/9 Bond Amount: $370,000.00 Premium: $3,330.00 exander exander Ms. Jessica Flanagan Page 2 January 10, 1996 Bond No. Description 11133221710 Performance/Labor & Materials Bond - City of San Juan Capistrano. San Juan Hills, Tract 13866 -Area D-1 project. Bond Term: 12/21/95 - 12/21/97 Bond Amount: $724,704.00 Premium: $6,522.00 11133221728 Performance Bond - Capistrano Valley Water District. San Juan Hills, Tract 13866 - Area D-1 project. Bond Term: 12/21/95 - 12/21/97 Bond Amount: $679,000.00 Premium: $6,111.00 We will forward our invoices for the above premiums shortly. Sindy' Lisa Wofford z, Bond Manager /lw Enclosure N ` SUBDIVISION FAITHFUL PERFORMANCE BOND Bond No.: 11133221686 (GOVERNMENT CODE . 66499.1) Premium: $8,427.00 WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Taylor Woodrow Hnmec California Ltd. (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 December 21 and made a part hereof; and 1995 . 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 The American Insurance Company as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of nine hundred thirty six thousand three hundred sixty three & 0/100 Dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, al! to be taxed as costs and included in any judgment rendered. Area D-1 Tract 13866 (known as "San Juan Hills") PRIVATE STREETS R t 1 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 10th day of January 1996 , at San Francisco , California. APPROVED AS TO FORM: CITY ATTORNEY Page 2 - Subdivision Performance Bond PRINCIPAL Jeffre7 Prostor a President, Operations Taylr Woo ow Homes California Ltd. (NOTARIZATION AND SEAL) SURET e American Insurance O>mpagy Li B. fford, Attorney -in- act (NOTARIZATION AND SEAL) #11133221686 Area D-1 Tract 13866 (known as "San Juan Hills") PRIVATE STREETS Bond No. 11133221686 Premium: Included SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE, SECTION 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and _Tavlor Woodrow Homes California Ltd. (hereinafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements which said Agreement, dated December 21 1995_, and identified as Project Area D-1 Tract 13866 (known as San Juan Hills) 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 The American Insurance Company _ . as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of nine hundred -thirty six thousand three hundred sixty three & 0/100 Dollars ($ 036.363.00 ) 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 Power of Attorney 1 of 2 PRIVATE STREETS 2 of 2 PRIVATE STREETS Area D-1 Tract 13866 (known as "San Juan Hills") POWER AMRNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1946, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the County of Maria, State of California, has made, constituted and appointed, and does by these presents make, constitute and appo"`ALAN S H I REIT AND LISA B. WOFFORD, jointly or severally SAN FRANCISUO, FA Its true and lawful Attorn s}tn- aa, with full power and authority herebyconferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recognizances or other written obligations in the nature thereof _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VII. Appointment andAuthority of Resident Secretaries, Atromeys-in-Fad and Agents to aecept Legal Process sad Make Appearances. Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vice -President or any other person authorized by the Board of Directors, the Chsh-maa of the Board of Directors, the President or any Vice-Presideat may, from time to time, appoint Resident Assistant Secretaries and Attorneys -la -Fact to represent and act for and oa behalf of the Corporation and Agents to accept legal process and make appeanuces for and on behalf of the Corporation. Section 46. Authority. The authority of such Resident Assistant Secretaries, Attorneys -in -Fact and Agents shall be as prescribed In the instrument evidencing thefrappolotmenl. Any web appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment.^ This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1994, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of artorney, any revocation of any power of attorney, or cenifrcate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation.^ IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPAN-Y has caused these presents to be signed by its Vice -President, and its corporate seal to be hereunto affixed this 17 t tl day of November ,1994_• THF AUMERICAN INSURANCE COMPANY r� By Vi¢•Prcea¢r STATE OF CALIFORNIA ss. COUNTY OF MARIN Onihis 17th dayof November 1994 ,before mepersonally came M. A.Mallonee Vi to me known, who, being by me duly sworn, did depose and say: that he is ce-President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein fust above written. 1 OFFICIAL NOTARY SEAL A. KRIEGER ai Notary Public—California raver weuc rM it COUNTY / My Comm. Exp. MAR 20,7935 CERTIFICATE STATE OF CALIFORNIA l u. COUNTY OF MARIN 1 T, the undersigned, Resident Assistant Secretary ofTHE AMERICAN INSURANCE COMPANY. a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the By -lawn of the Corporation, and the Resolution of the Board of Directors; sal forth in the Power of Attorney, are now in force. Signed and sealed at the County of Marin. Dated the 10th dayof January J9 96 ,i i •�'�!..^�T-re�!� � Rddm, Aaw¢m 5eavurr 36071I -TA -2.94 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Francisco On January 10, 1996 before me, Martha M.G. Scholl, Notary Public DATE NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC' No. 5907 personally appeared Lisa B. Wofford NAME(S) OF SIGNER(S) personally known to me - OR proved to Fne-e,n-the basis of satosfa�� - to be the personX whose name,(a'j is/af8 subscribed to the within instrument and ac- knowledged to me that,46/she/they executed the same in It+Wher/ther authorized capacity(iW, and that by_tl+a/her/tlxElr signature(,,ajon the instrument the personal, or the entity upon behalf of which the person( acted, executed the instrument. MARTHA M.G. SC94 WITNESS m hand and officialSeal. COMM. # 1040294 Y NOTARYMb o p d my�comm. Expire Nov. O CO4 N 998 r 1 SIGNATURE OF NOTARY Martha M.G. Scholl 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 TT E(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEYdN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTF Y(IES) 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 Remmel Ave., P.O. Box 71 a4 - Canoga Park CA 91309.7164 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 duty executed by the Principal and Surety herein named on the 10th day of January , 19_96_, 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. :Jeffre NCIP ostor, is Pr t Operations D AS TO FORMA (NOTARIZATION AND SEAL) K. DENUALTER, CITY NOTE: Please Attach Acknowledgement and Power of Attorney SURET�Y e American Insurance Coirl�anY Lisa B.-Tbfford, Attorne in -Fact (NOTARIZATION AND SEAL) 2 of 2 PRIVATE STREETS Area D-1 Tract 13866 (known as "San Juan Hills") F .POWEROF AMRNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the County of Marin, State of California, has made, constituted and appointed, and does by these presents make, constitute and appointALAN S H I REK AND LISA B. WOFFORD, jointly or severally SAN FRANCIUO its true and lawfulAttom stn- am, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recognisances or other written obligations in the nature thereof _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ and to bind the Corporation thereby as fully and to the same anent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying sad confirming all that the said AttomwAs)-in-Fact may do in the premises. This power of attorney Is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VD. Appointment and Authority of Resident Secretaries, Anomeys-Ia-Fact sad Agents to accept Legal Process sad Make Appearances. Section 4S. Appointment. The Chairman of the Board of Directors, the President, any Vice -President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vlce-President may, from time to time, appoint Resident Assistant Secretaries and Attoroey"-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 46. Authority: The authority of such Resident Assistant Secretaries, Attorneys -in -Fact and Agents shall be as prescribed in the instrument evidencing their appointment. Any such appointment and all authoritygranted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment!' This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution bas not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation maybe affixed or printed on any power of attorney, on any revocation of any power of attorney, cr on any certificate relating thereto, by facsimile, sad any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate seal to be hereunto affixed this. 7th day of November , 1994 ` THF AMERICAN INSURANCE COMPANY ifs. •�� By v-�.r,marai STATE OF CALIFORNIA COUNTY OF MARIN ss. On this 17th day of November 94 M. A.Mallonee to me known, who, being by me duly sworn, did depose and say: that h 19 before me personally came e is Vi_,ce-President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affuced to the said instrument is such corporate seal; that it was so afraed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein fust above written. OFFICIAL NOTARY SEAL , • A. KRIEGER s Notary Public — California emr wbitc �. MARIN COUNTY % Mil Comm. Exp. MAR 20,1995 CERTIFICATE STATE OF CALIFORNIA l as. COUNTY OF MAR1N 1 I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and sealed at the County of Marin. Dated the loth day ofJanes, 19 96. f- • e • �AG1j�j�/ 11 i '•°'•.,�yres�� limdrat Atfuuia Seveury 360711 -TA -2.94 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of California San Francisco No. 5907 On January 10, 1996 before me, Martha M.G. Scholl, Notary Public DATE NAME, TITLE OF OFFICER - EG.,'JANE DOE. NOTARY PUBLIC' personally appeared Lisa B. Woffora NAMES) OF SIGNER(S) personally known to me OR - 9 pteved e Fne-el"k4he basis of cabs`,~ to be the person ,(.s -f whose name,aj is/efe subscribed to the within instrument and ac- knowledged to me that kcf/she/they executed the same in Ws—/her/tt�r authorized capacity(i,iH5), and that by _d+s/her/tom signatureKon the instrument the personal, or the entity upon behalf of which the person(?)acted, executed the instrument. _ MARTHA M.G. SCROLL � WITNESS m COMM. a 10a029a y hand and offici seal. e'^ t NOTARY PUSUC�ALIFCRNIA p p- SAN FRANCISCO COUNTY My Comm. Expires Nov. 4, :998 SIGNATURE OF NOTARY Martha M.G. Scholl 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 TRLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIA (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 01993 NATIONAL NOTARY ASSOCIATION -8236 Remmet Ave., P.O. Box 7154 - Canoga Park CA 91309-7184 Bond No. 11133221694 Premium: included 5UBDIVLSION LABOR AND MATERIAL BOND (GOVERNMENT CODE, SECTION 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and _ Taylor Woodrow Homes California Ltd. (hereinafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements which said Agreement, dated December 21 , 199 and identified as Project Area D-1 Tract 13866 (known as San Juan Hills) 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 The American insurance Company , as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum Of t,n h„ndred twenr�z five thousand .nine hundred eighty.four-thousand & 0/100 Dollars ($ 225,984.00 ) 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 thereil 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 1 of 2 SEWER 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 10th day of January 19 96 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 Jeffrey Prostor, Vice President Operation PROVED AS TO FORS (NOTA RI ON AND SEAL) RICHARD K. DENHALTER, CITY NOTE: Please Attach Acknowledgement and Power of Attorney SURETY e American Insurance Comp y Lisa B. Wofford, Attorn -fn-Fact (NOTARIZATION AND SEAL) 2 of 2 SEWER Area D-1 Tract 13866 (known as "San Juan Hills") e GENERAL POWER or ATIDRNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated ander the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the County of Marin, State of California, has made, constituted and appointed, and does by these presents make, constitute and appointALAN S H I REK AND LISA B. WOFFORD, jointly or severally SAN F�ANCZS� 0 SCA its true and la ul Attorney(s}tn• act, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recognizances or other written obligations in the nature thereof _ _ _ _ _ _— _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effort. "Article VD. Appointment and Authority of Resident Secretaries, Attameys-fn-Fad andAgenb to accept Legal Process and Mske Appearances. Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vin -President or any other person authorized by the Board of Directors, the Chahanan of the Board of Directors, the President or any Vice -President may, from time to time, appoint Resident Assistant Secretaries and Attorueys-ln-Fact to represent and act for and on bebalf of the Corporation orad Agents to accept legal process and take appearances for and on behalf of the Corporation. Section 46. Authoriy. The authority of such Resident Assistant Secrataries, Attorutys-in-Fad and Agents shall be n prescribed In the instrument evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment:' This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of luly, 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vire-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or artificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPA.'v'Y has caused these presents to be signed by its Vice -President, and its corporate seal to be hatunto affixed this 17 t! tl day of November , 199 _. THF AMERICAN INSURANCE COMPANY 1. By r�c.Rma.m STATE OF CALIFORNIA ss. COUNTY OF MARIN On this 17 t h day of November 19 9 4 , before me personal) came M. A. Mallonee to me known, who, being by me duly sworn, did depose and say: that he is Via -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his time thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. OFFICIAL NOTARY SEAL A. KRIEGER s Notary public — California MARIN COUNTY My Comm. Exp. MAR 20,1995 STATE OF CALIFORNIA CERTIFICATE � COUNTY OF MARIN I I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY,a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OFATTORNEY remains in full force and has not been revoked- and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors: ser forth in the Power of Attorney, are now in force. Signed and sealed at the County of Marin. Dated the 10th day of January , 19 96 360711 -TA -2.94 -CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of California San Francisco On January 10, 1996 before me, Martha M.G. Scholl, Notary Public DATE - NAME, TITLE OF OFFICER, E.G., 'JANE DOE, NOTARY PUBLIC' personally appeared Lisa B. Wofford NAME(S) OF SIGNER(S) ® personally known to me - OR - to be the person ,(,s'j whose nameks'j is/af-e' subscribed to the within instrument and ac- knowledged to me that f6/she/they executed the same in I[>Wher/thea-r authorized capacity(ios'), and that by,b+s/her/t}� rr signatureKon the instrument the personal, or the entity upon behalf of which the person( acted, executed the instrument. _ _ MARTHA M.G. SCHOLL WITNESS m hand and official seal. COMM. M 1040294 Y • s' ; NOTARY PU$LICCALIFCRNIA no a SAN FRANCISCO COUNTY t� n , :may My COlNR. Fxpres MOv. 4, :943 y Ill Aa ✓^I - SIGNATURE OF NOTARY Martha M.G. Scholl OPTIONAL N0. 5907 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park CA 91309.7184 Bond No.: 11133221694 SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE . 66499.1) premium: $2,034.00 WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Tavlor W (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 December 21 1995 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 The American Insurance Company , as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of two hundred tw n y five thnnsAnd nines hundred eiQhty:four- thousand & 0110(pollars, 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, ;-- there sthere be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Area D-1 Tract 13866 (known as "San Juan Hills") SEWER 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 10th day of January 19 96 , at San Francisco California. APPROVED AS TO FORM: I 2L� CITY ATTORNEY PRINCIPAL Jeffrey V e`Ar esident, Operations Taylor IIIIladrev, Homes California Ltd. (NOTARIZATION AND SEAL) SURETY American Insurance Ccup Lir.4 B. Wo££ord, Attorne in -.^act (NOTARIZATION AND SEAL) Page 2 - Subdivision Performance Bond 11133221694 Area D-1 Tract 13866 (known as "San Juan Hills") SEWER GEN301AI. POWER OF ATTORNEY THE AMERICAN INSURANCE COMPANY I KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and mdomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the County of Matin, State of California, has made, constituted and appointed, and does by these presents make, constitute and appointALAN SHIREK AND LISA B. WOFFORD, jointly or severally SAN F�ANCIUO CA itstrueandfa WAttorn s) -m -Fax, with full power and authority hereby conferred in its time, place and stead, to execute, seal, acknowledge and deliver any and an bonds, undertaking. recognizatim or other written obligations in the nature thereof _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming an that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VH. Appointment sad Authorffy of Resident Secretades, Attorneysln-Fact sad Agents to accept legal Process sad Mike Appearances. Section 45, Appolntment. The Chairman of the Board of Directors, the President, any Vice -President or any other person authorized by the Board of Directors, the C'hahvaan of the Board of Directors, the President or nay Vke-President may, from time to time, appoint Resident Assistant Secretaries mad Attorneys-In•Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 46, Authority. The authority of such Resident Assistant Secretaries, Attorneysin-Fact and Agents shall be u prescribed in the instrument evidencing their appointment. Any such appointment and an authority granted thereby may be revoked at any time by the Bond of Directors or by any person empowered to make such appointment., This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 3lst day of July,1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation` IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPAI.-Y has caused these presents to be signed by its Via -president, and its corporate seal to be beraicto affixed this 17th day of November , 199_. STATE OF CALIFORNIA t COUNTYOFMARIN ( as. THF AMERICAN INSURANCE COMPANY By Via•ihddev On this 17th day of November 19 94 before me personally came M. A.Mallonee to me known, who, being by me duly sworn, did depose and say: that he is Vice -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his time thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal. the day and year herein first above written. _ \I OFFICIAL NOTARY SEAL A. KRIEGER rrr ZLL/// s Notary Public — Caiitomia -o.,.r Pubik '— MARIN COUNTY My Comm. Exp. MAR 20,1995 CERTIFICATE STATE OF CALIFORNIA l ss COUNTY OF MARIN 1 I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY,a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full fora and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in fora. Signed and sealed at the County of Marin. Dated the 10th day of January 19 96 •r Yi�q%LV t,.. ..,,1��'cr� aa;emi Atti+unt Sevaary 360711 -TA -2.94 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County Of San Francisco On January 10, 1996 before me, Martha M.G. Scholl, Notary Public DATE - NAME. TITLE OF OFFICER. E.G., 'JANE DOE, NOTARY PUBLIC' No. 5907 personally appeared visa B. rAbf ford NAME(S) OF SIGNER(S) personally known to me - OR proved to me -em the basis of settisfaetepj�� - to be the personX whose name�4 is/afe subscribed to the within instrument and ac- knowledged to me that be/she/they executed the same in fh4eher/therr authorized capacity(loo), and that by_Wa/her/tl�r signature( -on the instrument the person(s), or the entity upon behalf of which the person( acted, executed the instrument. MARTHA M.G. SCHOLL _ WITNESS my hand and official seal. gaj M.# 1040294 oNOTCAORMY PU9UCCAUFCRNIA SAN FRANCISCO COTY MyComm.xPiresNov.4,1998law_ 1 � 1 ! SIGNATURE OF NOTARY Martha M.G. Scholl 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 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 i. w SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE . 66499.1) Bond No.: 11133221702 Premium: $3,330.00 WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Taylor W (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 December 21 1995 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 The American Insurance Company , as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of three hundred seventy thouaand and _01.100 Dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights, if- there sthere be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Area D-1 Tract 13866 (known as "San Juan Hills") PUBLIC STREETS 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 10th day of January 19� 96 J at San Francisco , California. PRINCIPAL Jeffrey Astor, Resident, Op rations i Taylor od Homes California Ltd. (NOTARIZATION AND SEAL) APPROVED AS TO FORM: SURE T e American Insurance Conp y Lisa B. Wofford, Attorney- Fact CITY ATTORNEY (NOTARIZATION AND SEAL) Page 2 - Subdivision Performance Bond 11133221702 Area D-1 Tract 13866 (known as San Juan Hills") PUBLIC STREETS GENTRAL POWERFO i ATTORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1946, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the County of Marin, State of California, has made, constituted and appointed, and does by these presents make, constitute and appointALAN S H I REK AND LISA B. WOFFORD, jointly or severally SAN F�ANCISO,A itstrueandla ulAttom s)- act, with fuLLpowcr and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recognizances or other written obligations in the nature thereof _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ and to bind the Corporation thereby u fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and dulyattested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)min-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Artlele VD. Appolatmeat and Authority of Resident Secretaries, Attoraeys-la-Fad tad Agents to accept LeyaJ Procan and Make Appearances, Section 45. Appufutment. The Chairman of the Board of Directors, the President, any Vice -President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice -President may, from time to time, appoint Resident Assistant Secretaries and Attorneys -In -Fact to represent sad act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 46. Authority. The authority of such Resident Assistant Secretaries, Attorneys -in -Fan and AgentssbaB be ss prescribed in the Instrument evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at anytime by the Board of Directors or by any person empowered to make such appointment This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31 st day of July, 1994, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corpondoa may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, =4 any power of artorncy, any revocation of any power of attorney, or cenificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has nosed these presents to be signed by iu Vice -President, and its corporate seal to behereuntoaffaedthis 17th dayof November '1994 . STATE OF CALIFORNIA COUNTY OFMARIN ( ss THE AMERICAN INSURANCE COMPANY By via-Nmdmt On this 17th day of November 19 94 , before mepersonally came M. A.Mallonee to me known, who, being by me duly sworn, did depose and say: that hes Vice -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affued by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. '.--.. '• OFFICIAL NOTARY SEAL A. KRIEGER Notary Public —Cafifomia MARIN COUNTY My Comm. Exp. MAR 20.1995 STATE OF CALIFORNIA CERTIE7CATE ss. COUNTY OF MARIN I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and sealed at the County of Marin. Dated the loth day of OF lkcgd�A 360711 -TA -2.94 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of _ County of California San Francisco On January 10, 1996 before me, Martha M.G. Scholl, Notary Public DATE - NAME, TITLE OF OFFICER • E.G.. 'JANE DOE. NOTARY PUBLIC' NO. $907 personally appeared Lisa B. Wofford NAMES) OF SIGNER(S) personally known to me - OR - to be the personX whose name,sj is/afe- subscribed to the within instrument and ac- knowledged to me that k>g/she/they executed the same in IWher/tbetr authorized capacity(ias'), and that by _h+s/her/tt�r signatureKon the instrument the personal, or the entity upon behalf of which the person(p)acted, executed the instrument. MARTHA M.G. SCROLL WITNESS my hand and official seal. COMM. ri 1040294 v NOTARY co COL:RNIA n �\1.4 ) tcld �fi s SrW FRANCISCO COLTITY 2 MY Comm. Expires NOv. 4, 1998 —b -o) SIGNATURE OF NOTARY Martha M.G. Scholl 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 ❑ 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 01993 NATIONAL NOTARY ASSOCIATION -8236 Remmet Ave., P.O. Box 7184 -Canoga Park CA 91309-7184 Bond No. 11133221702 Premium: Included SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE, SECTION 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and TAvlor Woodrow Homes California Ltd. , (hereinafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements which said Agreement, dated December 21 1 1995___, and identified as Project Area D-1 Tract 13866 (known as San Juan Hills)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 The P.rierican Insurance Company , as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum Of _three hundred seventy thousand and 0/100 Dollars ($ _37o.000.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that, if the above bound Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees 1 of 2 PUBLIC STREETS I 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 tris 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 10th day of January , 19 96 , 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. PROVED AS TO PRINCIPAL Jeffre rostor,l� President Operation• l (NOTARIZATION AND SEAL) 1, RIC:iARD K. DcV'HALT'cR, CITY ATTORNEY SUXE-The Arier�' Ia �ce CaIny Woofford, Attorney--,* Pact NOTE: Please Attach Acknowledgement and Power of Attorney (NOTARIZATION AND SEAL) 2 of 2 PUBLIC STREETS Area D-1 Tract 13866 (known as "San Juan Hills") GENERAL. POWER OF ATTORNEY THE AMERICAN INSURANCE COMPANY t KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1946, and rcdomesticated to the State of Nebraska on lune 1, 1990, and having its principal office in the County of Marin. State of California, has made, constituted and appointed, and does by these presents make, constitute and appointALAN SHIREK AND LISA B. WOFFORD, jointly or severally SAN FRrn s mANCI}. FA itstrueandlawf Atto- act, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recognirances or other written obligations in the future thereof _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VII. Appointment and Authority of Resident Secretaries, Attorneys-io-Fact sad Agents to accept Legal Process and Mike Appearances. Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vice -President or say other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice -President may, from time to time, appoint Resident Assistant Secretaries and Attarneys4sa-Fact to represent and act for and an behalf of the Corporation and Agents to accept lead process sad make appearances for and on behalf of the Corporation. Section 46. Autirorfy The authority of such Resident Assistant Secretaries, Attorneys -la -Fact and Agents shall be as prescribed In the instrument evidencing their appointment. Any such appointment and all authority granted thereby maybe revoked at any time by the Board of Directors or by any person empowered to make such appointment." This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31 st day of July, 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation maybe affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attomM any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation," IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and is corporate seal to be hereunto affixed this 17th day of November , I994 . + s THE AMERICAN INSURANCE COMPANY f ^/ • S By Via-rkC(IEtnl STATE OF CALIFORNIA COUNTY OF MARIN ss. 17th November M. A.Mallonee Oa this day of 1994 _. before me personalty came to me known, who, being by me duly sworn, did depose and say: that he is Vice -President of THE AMERICAN INSURANCE COMPANY. the Corporation described in and which executed the above insrument•, that he knows the seal of said Corporation; that the seal affixed to the said instruments such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official sed, the day and year herein first above written. OFFICIAL NOTARY SEAL A. KRIEGER NotaryPublic— California MARIN COUNTY My Comm. Exp. MAR 20,1995 STATE OF CALIFORNIA COUNTY OF MARIN CERTIFICATE I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OFATTORNEY remains in full force and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and seated at the County of Marin. Dated the 10th day of JanuatV • •, ii��%air�► 4�.'•.e[�Ct�,� • ACtiAml AvYftlnt S CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Sari Francisco On January 10, 1996 before me, Martha M.G. Scholl, Notary Public DATE NAME, TITLE OF OFFICER - E.G.,'JANE DOE. NOTARY PUBLIC No. 5907 personally appeared Tisa B. Wofford NAME(S) OF SIGNER(S) personally known to me - OR - to be the person,W whose nameSzj iS/afe subscribed to the within instrument and ac- knowledged to me that her/she/they executed the same in Ws/her/tbert-r authorized capacity(iW, and that by,b+s/her/t)�r signature(,aj'on the instrument the person(s), or the entity upon behalf of which the person(99) acted, executed the instrument. .. MARTHA M.G. SCHOLL _ COMM. # 1040294 o WITNESS my hand and offici I seal. NOTARY PUSLIGCALIFORMA p dSAN FRANCISCO COUNTY �y My Comm. Expires Nov. 4, :998 /'o-vvo'vtr•v'cra'vwv� SIGNATURE OF NOTARY Martha M.G. Scholl 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 TIT E(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 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park CA 91309-7184 � Bond No.: 11133221710 SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE . 66499.0 premium: $6,522.00 WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Taylor Woodrow Homes California T.td. (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 December 21 and made a part hereof; and 1995 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 The American Insurance Company as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of seven hundred twenty four thousand seven hundred fo.ur .and 0/100 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 Princlpai shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Area D-1 Tract 13866 (known as "San Juan Hills") STORM DRAIN 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 10th day of January 19 96 at San Francisco . California. APPROVED AS TO FORM: CITY ATTORNEY PRINCIPAL Jeffrey ostor, President, Operations Taylor kadaL Homes California Ltd. (NOTARIZATION AND SEAL) SURET ll ,..e American Insurance Company Lisa B. wofford, Attorney Tact (NOTARIZATION AND SEAL) Page 2 - Subdivision Performance Bond #11133221710 Area D-1 Tract 13866 (known as "San Juan Hills") STORM DRAIN ATTORRNEY° THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey oa February 20, 1846, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the County of Marin, State of California, has made, constituted and appointed, and does by these presents make, constitute and appointALAN SHIREK AND LISA B. WOFFORD, jointly or severally SAN FgANCIS��O A its true and lawful Attorneys) in-�ad, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recognisances or other written obligations in the nature thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duty attested by its Secretary, hereby ratifying and confirming all that the said Attoraey(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VD. Appointment and Authority of Raddeat Secretaries, Attorneys -fn -Fact and Agents to accept Legal Process aad Make Appearances. Section 4S. Appointment. The Chairman of the Board of Directors, the President, any VIc Presideut or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice -President may, from time to time, appoint Resident Assistant Secretaries and Atsoraeys-In-Fact to represent and act for and on behalf of the Corporation sad Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 46. Aathati&. The authority of sacb Resident Assistant Secretaries, Attorneysda-Fad and Agents shall be as prescribed in the instrument evidencing their appointment. Any web appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment.^ This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation maybe affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY bas caused these presents to be signed by its Vice -President, and its corporate seal to be bereunto affixed this 17th day of November '1994 . THF AMERICAN INSURANCE COMPANY . r •'`ter'+ +" By via-Prardrnt STATE OF CALIFORNIA as. COUNTY OF MARIN On this day of 17th November 4 M. A.Mallonee , tome known, who, being by me duly sworn, did depose and say: that h !9 _9, before me personally came e is Vice -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his time thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. OFFICIAL NOTARY SEAL A KRIEGER s Notary Public—Califomla • MARIN COUNTY My Comm. Exp. MAR 201995 STATE OF CALIFORNIA COUNTY OF MARIN CERTIFICATE I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OFATTORNEY remains in full force and has not been revoked- and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and sealed at the County of Maria. Dated the 10th day of JanuasV '19 96 . 360711 -TA -2.94 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On January 10, 1996 before me, Martha M.G. Scholl, Notary Public DATE NAME, TrrLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC No. 5907 personally appeared Lisa B. Wofford NAME(S) OF SIGNER(S) ® personally known to me - OR proved to Fne-enle basis of safisfaetla�� - to be the personX whose namep6 is/aft subscribed to the within instrument and ac- knowledged to me that/she/they executed the same in I}imeher/t4err authorized capacity(ios`), and that by,h+s/her/tom signature(,$)'on the instrument the personko, or the entity upon behalf of which the person(,-) acted, executed the instrument. MARTHA M.G. SCHOLL WITNESS m hand and offici I seal. COMM. # 1040294 Y g : o c NOT PL19LIGCALIfCRN A L�� p. SAN fkAIJCIScO CCL mNTY My Com. Expires Nov. 4, 1998 SIGNATURE OF NOTARY c Martha M.G. Scholl 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 Tn E(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 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 w Bond No. 11133221710 Premium: Included SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE, SECTION 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Tavlor Woodrow Homes California Ltd. (hereinafter designated as "Principal'), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements which said Agreement, dated December 21 1995and identified as Project Area D-1 Tract 13866 (known as San Juan Hills) 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 The American Insurance Ccnpany , as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of seven hundred twenty four thousand seven hundred four and 0%100 Dollars ($ 724.704.00 ) 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 1 of 2 STORM DRAIN 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 10th day of —7 n is , 19_9L_, 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. A PROVED AS TO FOR RICHARD K. DENHALTER, CITY ATTORrE NOTE: Please Attach Acknowledgement and Power of Attorney PRINCIPAL Jeffrerostor,President Operations (NOTARIZATION AND SEAL) SURET e American Insurance Company Lisa B. Wofford, Attorney-' -Fact (NOTARIZATION AND SEAL) 2 of 2 STORM DRAIN Area D-1 Tract 13866 (known as "San Juan Hills") GENERAL" POWEROF ATTORNEY THE AMERICAN INSURANCE COMPANY t KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the County of Marin, State of California, has made, constituted and appointed, and does by these presents make, constitute and appo"'ALAN S H TREK AND LISA B. WOFFORD, jointly or severally SAN FRANCIS 0 CSA its trucandlawtul Attom s}in- act, with full power and authority hereby conferred in its name,placeand stead, toexecute, seal, acknowledgeand deliverany and all bonds, undertaking, recognirances or other written obligations in the nature thereof _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attotaey(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VII. Appointment and Authority of Resident Secretaries, Attorneys &-Fact mit Agents to accept Legal Process and Make Appearances. Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vin -President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice -President may, from time to time, appoint Resident Assistant Secretaries and Attorneys -In -Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 46. Authority- The authority of such Resident Assistant Secretaries, Attorneys-in4sict and Agents shall be as prescribed In the instrument evidencing thelrappointmeat Any such appointment and all authority granted thereby maybe revoked at any time by the Board of Directorsor by any person empowered to make such appointment:' This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31 st day of July, 1984, and said Resolution bas not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation maybe affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate seal to be hirranto affixed this 17th day of November , 1994_. THF AMERICAN INSURANCE COMPANY By STATE OF CALIFORNIA COUNTY OF MARIN ss. 17th November 94 M. A.Mallonee On this day of 19 _, before me personally came to me known, who, being by me duly sworn, did depose and say: that he is Vice -President of THE AMERICAN INSURANCE COb1PANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by tike order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. '..... '• OFFICIAL NOTARY SEAL A. KRIEGER Notary Pubtk:— Calffomia �. MARIN COUNTY My Comm. Exp. MAR 20,1995 STATE OF CALIFORNIA COUNTY OF MARIN CERTIFICATE as. I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY,a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and sealed at the County cr Matin. Dated the loth day of JanUarV, 19 96 ••i 360711 -TA -2.94 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On January 10, 1995 before me, Martha M.G. Scholl, Notary Public DATE NAME, TITLE OF OFFICER • 9.G.. 'JANE DOE, NOTARY PUBUC' No 6907 personally appeared Lisa B. Woffora NAME(S) OF SIGNERS) personally known to me - OR - to be the person ,W whose namep6 is/af-e- subscribed to the within instrument and ac- knowledged to me that Wshe/they executed the same in t4islher/thetrr authorized capacity(ia5), and that by _is/her/tlwrr signaturet,a)'on the instrument the personal, or the entity upon behalf of which the person( acted, executed the instrument. MARTHA M.G. SCROLL WITNES my hand and officia seal. COMM. k 1040294 -0 g a' a NOTARYPUBUC4N+ n SANFRCISCOCOLYIp _ MY Comm. Expires Nov. 4, 1998 SIGNATURE OF NOTARY Martha M.G. Scholl 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 ENTF Y(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 CONTRACT BOND — CALIFf- ..4IA FAITHFUL PERFORMANCE —PUBLIC WORK Bond No. 11141572625 Initial premium charged for this bond is $ 117.00 subject to adjust- ment upon completion of contract at appli- cable rate on final contract price. KNOW ALL MEN BY THESE PRESENTS, that Taylor Woodrow Homes California Ltd. of Laguna Hills, CA as Principal, and the The American Insurance Company a corporation organized and existing under the laws of Nebraska and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto the City of San Juan Capistrano, in the sum of thirteen thousand and.0/100. Dollars ($ 13,000.00 ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION lS SUCH, that WHEREAS, the above -bounded Principal has entered into a Contract dated December 21, 19 95 with the City of San Juan Capistrano to do and perform the following work, to wit: Subdivision:lAonumentlfor Area D-1 Tract 13866 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 24th day of January i9 96 APPROVED AS TO FORM: City Attorney Taylor Woodrow Homes California Ltd. Principal The Ame ' an Insurance Company List B. Woftord, Att Mey-in-ra NOTE: Acknowledgements of execution of Principal and Surety must Se attached. * MONUMENTATION BOND .ENERAI- TRNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the County of Maria, State of California, has made, constituted and appointed, and does by these presents make, constitute and appoint ALAN S H I REK AND LISA B. WOFFORD, jointly or severally SAN FRANCISCCO CA its true and lawful Attomey(s}in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recognisances or other written obligations in the nature thereof _ _ _ _ _ _ _ _ _ _ _____________________ and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VD. Appotntment and Authority of Resident Secretaries, Anomeys-ln Faei sad Agents to accept legal Process and Make Appearances. Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vice-Presideat or any other person authorized by the Board of Directors, The Cbairmaa of the Board of Direcfon, the President or any Vice -President may, from time to time, appoint Resident Assistant Secretaries and Attoroey".Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 46. Authority. The authority of such Resident Assistant Secretaries, Attomeys-In-Fact and Agents shall be as prescribed in the instrument evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment:' This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31 st day of July, 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any bower of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation:' IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate seal to be hereunto affixed this 17th day of November _,1994 - THF AMERICAN INSURANCE COMPANY B Y¢.Preyd<nr STATE OF CALIFORNIA ss. COUNTY OF MARIN Onthis 17th dayof November 19 94 ,before mepersonally came M. A.Mallonee to me known, who, being by me duly sworn, did depose and say: that he is Vice -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal, the day and year herein first above written. 1 OFFICIAL NOTARY SEAL A. KRIEGER r -'-s Notary Public—California ro¢ftbfic MARIN COUNTY My Comm. Exp. MAR 20,1995 CERTIFICATE STATE OF CALIFORNIA ss COUNTY OF MARIN I, the undersigned, Resident AssistantSecretary of THE AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OFATIORNEY remains in full force and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and sealed at the County of Marin. Dated the 24th day of January 19 96 rrs •y"rf itl�7%civ 3 +`+��•,,t � eury 360711 -TA -2.94 tI CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On January 24, 1996 before me, Mia M.G. Scholl, Notary Public DATE NAME, TITLE OF OFFICER • E.G..'JANE DOE, NOTARY PUBLIC' No. 5907 personally appeared Lisa B. Wofford NAME(S) OF SIGNER(S) personally known to me - OR - ba3;;�fastery-evidence _. to be the personps) whose name,Fs`j is/are subscribed to the within instrument and ac- knowledged to me that he/she/#tey executed the same in his/her/thea authorized capacity(iesY, and that by -h+s/her/their signature(sj on the instrument the person(s), or the entity upon behalf of which the MARTHA M.G. SCROLL person(s) acted, executed the instrument. COMM. # 1040294 v e^ r NOTARY PUBLIQCAUFCRNIA no a SAN FRANCISCO COLffry -- My(:emm.Expires Nov. 4,1998 r WITNESS my hand and official seal. SIGNATURE OF NOTARY Martha M.G. Scholl 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 TnnE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTIYQES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Boz 7184 - Canoga Park CA 913047184 "i$� AMERIc } STATE OF CALIFORNIA d>Ro�� }ss. COUNTY OFA On �-C Iijav"UMV \( I � I ci 9 (o, before me, U vi 1-4 � personally appeared VN.. i C-ili V\ , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Title of Document Date of Document Other signatures not acknowledged LINDA Mt SMTN _• COM.lI1067173 T ORANGE COUNTY s TAY comm. E)q*w APR 30.1 WV (This area for official notarial seal) No. of Pages 3008 i1 94) (General) First American Title Insurance Company I T:, FEDERAL EXPRESS #8247130522 January 10, 1996 Ms. Jessica Flanagan Taylor Woodrow Homes California Ltd. 24461 Ridge Route Drive Laguna Hills, CA 92653-1686 SAN JUAN HILLS PROJECT TRACTS 13436,13437 & 13866 Dear Jessica: Alexander & Alexander of California, Inc. 333 Bush Street, Suite 600 San Francisco, CA 94104-2878 415-391-2600 Tel 415-773-4474 Fax Lisa Wofford Bond Manager In accordance with your requests, enclosed are the originals of the following: 11133221686 Performance/Labor & Materials Bond - City of San Juan Capistrano. San Juan Hills, Tract 13866 -Area D-1 project. Bond Term: 12/21/95 - 12/21/97 ✓ Bond Amount: $936,363.00 Premium: $8,427.00 11133221694 Performance/Labor & Materials Bond - City of San Juan Capistrano. San Juan Hills, Tract 13866 -Area D-1 project. Bond Tenn: 12/21/95 - 12/21/97 V Bond Amount: $225,984.00 Premium: $2,034.00 11133221702 Performance/Labor & Materials Bond - City of San Juan Capistrano. San Juan Hills, Tract 1386¢ - Area D-1 project. (/ Bond Term: 12/21/95 - 12/21/97 Bond Amount: $370,000.00 Premium: $3,330.00 OA { Ms. Jessica Flanagan Page 2 January 10, 1996 11133221710 Performance/Labor & Materials Bond - City of San Juan Capistrano. San Juan Hills, Tract 13866 - Area D-1 project. Bond Term: 12/21/95 - 12/21/97 Bond Amount: $724,704.00 Premium: $6,522.00 11133221728 Performance Bond - Capistrano Valley Water District. San Juan Hills, Tract 13866 - Area D-1 project. Bond Term: 12/21/95 - 12/21/97 Bond Amount: $679,000.00 Premium: $6,111.00 We will forward our invoices for the above premiums shortly. Since Lisa Wofford Bond Manager /lw Enclosure I� Hunsaker & Associates Irvine, Inc. Planning • Engineering • Surveying February 2, 1996 Mr. William Huber Director of Building and Engineering CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Subject: San Juan Replacement Bonds Tract Nos. 13436, 13437, and 13866 - C-2, D-1, D-2 of Glendale Federal Planned Community Dear Bill: On behalf of our Client, Taylor Woodrow Homes, we are submitting replacement bonds for public and private streets, sewer, storm drain and monumentation for Planning Area C-2, D-1 and D-2. The bonds being replaced are as follows: 113AIT41ifrLx7il_TT Three Hughes • Irvine, California 92718 • (714) 583-1010 - Fax (714) 583-0759 Offices: Irvine • Las Vegas • Riverside • San Diego Richard Hunsaker • Tom McGannon • John Michler • Doug Snyder Glendale New Taylor E esc� Amount EederallBonds Wooitrow_BQads Monuments $ 11,000 3SM 806 226 11133221819 Private Streets $ 488,218 3SM 806 228 11 133221637 Sewers $ 221,722 3SM 806 229 11133221645 Public Streets $ 167,500 3SM 806 230 11133221652 Storm Drains $ 287,628 3SM 806 231 11133221660 Three Hughes • Irvine, California 92718 • (714) 583-1010 - Fax (714) 583-0759 Offices: Irvine • Las Vegas • Riverside • San Diego Richard Hunsaker • Tom McGannon • John Michler • Doug Snyder Glendale New Taylor Description Amount Federal -Bonds W-oodmw-Bonds Sewers $ 225,984 3SM 806 236 11133221694 Storm Drains $ 724,704 3SM 806 237 11 133221710 Public Streets $ 370,000 3SM 806 238 11133221702 Private Streets $ 936,363 3SM 806 239 11 133221686 Monuments $ 13,000 3SM 806 241 11 141572625 Three Hughes • Irvine, California 92718 • (714) 583-1010 - Fax (714) 583-0759 Offices: Irvine • Las Vegas • Riverside • San Diego Richard Hunsaker • Tom McGannon • John Michler • Doug Snyder Mr. William Huber CITO'OF SAN JUAN CAPISTRANO February 2, 1996 Page 2 IRACTA3A37, AREA D.2 We would like to replace these bonds as soon as possible. Your assistance in this matter will be greatly appreciated. Should you have any questions, please contact our office. Very truly yours, IN A"Ricrard Fitch, Jr. Project Manager IRVINE, INC. ARF:sa xc: Sam Shoucair, City of San Juan Capistrano Alfredo Ayuyao, Taylor Woodrow Jessica Flanagan, Taylor Woodrow Nelson Chung, Pacific Community Builders J. Simon, Sheppard Mullins, Richter & Hampton M. Barror, Glendale Federal Corporation W.O. #42-119 (e\rf\42-11911.dod Glendale New Taylor I2essciption Amourd Fe_deraLBonds Womodcow Bonds La Novia Bridge $1,141,900 3SM 806 242 11133221736 Public Streets $ 150,000 3SM 806 243 11133221744 Sewers $ 238,778 3SM 806 244 11133221769 Storm Drain $ 689,564 3SM 806 245 11133221777 Private Streets $ 892,440 3SM 806 246 11133227151 Monuments $ 9,250 3SM 806 248 11141572633 We would like to replace these bonds as soon as possible. Your assistance in this matter will be greatly appreciated. Should you have any questions, please contact our office. Very truly yours, IN A"Ricrard Fitch, Jr. Project Manager IRVINE, INC. ARF:sa xc: Sam Shoucair, City of San Juan Capistrano Alfredo Ayuyao, Taylor Woodrow Jessica Flanagan, Taylor Woodrow Nelson Chung, Pacific Community Builders J. Simon, Sheppard Mullins, Richter & Hampton M. Barror, Glendale Federal Corporation W.O. #42-119 (e\rf\42-11911.dod 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) February 2, 2000 Clerk -Recorder's Office County of Orange P. O. Box 238 Santa Ana, California 92701 Re: Notice of Completion Gentlemen: q m 1961 1961 1776 MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL JOHN GREINER WYATT HART GIL JONES DAVID M. SWERDLIN CITY MANAGER GEORGE SCARBOROUGH CONFORMED Cr)PY Not Compared with The following document is enclosed for recordation: Notice of Completion of Improvements - Tract 13866 When placed of record, please return said document to this office. Please stamp Document Number and date of recording on this letter and return it, as the conformed copy, to this office in the enclosed, stamped, self-addressed envelope at your earliest convenience. Thank you for your cooperation. Very truly yours, C eryl Johnsoh Recorded in the County of Orange, California City Clerk Gary II�IIIIIGranville, o Fee /Recorder N Enclosure 20000066789 2:41PM 02/07/00 004 00082610 108 73 015 01 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Doc Types: 015 DRUG USE IS San Juan Capistrano: Preserving the Past to Enhance the Future GENtRAL ` POWER ARNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the County of Maria, State of California, has made, constituted and appointed, and does by these presents make, constitute and appointALAN S H I REK AND LISA B. WOFFORD, jointly or severally SAN FggANCIS 0}in- actA itstrueandlit WAttorn s, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recognisances or other written obligations in the nature thereof _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and mnfutaing all that the said Attorneys) -in -Fax may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VD. Appointment andAuthortty of Resident Secretaries, Attorneysdn-Fact sad Agents to accept Legal Process and Make Appearanees. Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vlce-President or may other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice -President may, from time to time, appoint Resident Assistant Secretaries and Attorneys -in -Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 46. Authority. The authority of such Resident Assistant Secretaries, Attorneys -in -Fact and Agents shall be as prescribed in the instrument evidencing their appointment. Any such appointment and all authority granted thereby maybe revoked at anytime by the Board of Directors or by any person empowered to make such appointment.^ This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice-president, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF THE AMERICAN INSURANCE COMPA`N'Y has caused these presents to be signed by its Vice -President, and its corporate seal to be hereunto affixed this 17th day of November , 1994 . + . THF AMERICAN INSURANCE COMPANY ice''''^ -'•'l By via-Rmdmt STATE OF CALIFORNIA ss. COUNTY OF MARIN On this 17th day of November 19 94 ,before mepersonally came M. A.Mallonee to me known, who, being by me duly sworn, did depose and say: that he is Vice -President of THE AMERICAN INSURANCE COMPANY. the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his time thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. OFFICIAL NOTARY SEAL A. KRIEGER s Notary Pudic—California - : MARIN COUNTY My Comm. Exp. MAR 20,1995 CERTIFICATE STATE OF CALIFORNIA COUNTY OF MAR1N )( I, the undersigned, Resident Assistant SecretaryofTHE AMERICAN INSURANCE COMPANY.a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attoruey, are now in force. Signed and sealed at the County of Marin. Dated the loth day of JanUarV 19 96 360711 -TA -2.94 01 amdmt Ar4wat s, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County ofT' > ranc�sc° No. 5907 On January 10, 1996 before me, Martha M.G. Scholl, Notary Public DATE NAME, TITLE OF OFFICER - E.G..'JANE DOE, NOTARY PUBLIC' personally appeared Lisa B. TAbfford NAME(S) OF SIGNER(S) EN personally known to me - OR - pfaved to .,,.-en 4he bas.- of satin aete avk,..e: to be the personX whose nameksj is/afe subscribed to the within instrument and ac- knowledged to me that>6/she/they executed the same in W-s-/her/t emir authorized capacity(io,g), and that by,h+s/her/ttre1-r signatureKon the instrument the person(s), or the entity upon behalf of which the person( acted, executed the instrument. MARTHAM.G. SCHOLL WITNESS my hand and official seal. COMM. # 1040294 v 0.. a' = NOTARY ANCISCR no SAN FRANCISCOO COUNTY .. y� My Comm. Expires Nov. 4, 1998 SIGNATURE OF NOTARY Martha M.G. Scholl 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 EN1RYVES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309.7184 Alexander exander FEDERAL EXPRESS #8247130522 January 10, 1996 Ms. Jessica Flanagan Taylor Woodrow Homes California Ltd. 24461 Ridge Route Drive Laguna Hills, CA 92653-1686 SAN JUAN HILLS PROJECT TRACTS 13436, 13437 & 13866 Dear Jessica: Alexander & Alexander of California, Inc. 333 Bush Street, Suite 600 San Francisco, CA 94104-2878 415-391-2600 Tel 415-773-4474 Fax Lisa Wofford Bond Manager In accordance with your requests, enclosed are the originals of the following: :. . . ar .r 11133221736 Performance/Labor & Materials Bond - City of San Juan Capistrano, San Juan Hills, Tract 13437 - Area D-2 project. Bond Term: 12121/95-12121/97 Bond Amount: $1,141,900.00 Premium: $10,277.00 11133221744 Performance/Labor & Materials Bond - City of San Juan Capistrano. San Juan Hills, Tract 13437 - Area D-2 project. Bond Term: 12/21/95 - 12/21/97 Bond Amount: $150,000.00 Premium: $1,350.00 11133221751 Performance/Labor & Materials Bond - City of San Juan Capistrano. San Juan Hills, Tract 13437 -Area D-2 project. Bond Tenn: 12/21/95 - 12/21/97 Bond Amount: $892,440.00 Premium: $8,032.00 s f � ' oNexander exander Ms. Jessica Flanagan Page 2 January 10, 1996 :• • R- . ON 11133221769 Performance/Labor & Materials Bond - C Capistrano. San Juan Hills, Tract 13437 project. Bond Term: 12/21/95 - 12/21/97 Bond Amount: $238,778.00 Premium: $2,149.00 11133221777 Performance/Labor & Materials Bond - C Capistrano. San Juan Hills, Tract 13437 project. Bond Term: 12/21/95 - 12/21/97 Bond Amount: $689,564.00 Premium: $6,206.00 11133221785 Performance Bond - Capistrano Valley Water District. San Juan Hills, Tract 13437 - Area D-2 project. Bond Term: 12/21/95 - 12/21/97 Bond Amount: $489,000.00 Premium: $4,401.00 We will forward our invoices for the above premiums shortly. Y,Sincerq Lisa Wofford Bond Manager /lw Enclosure SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE .'66499.1) Bond No.: 11133221736 Premium: $10,277.00 WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Taylor Woodrow Homes California Ltd. (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 December 21 19 95 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 The American Tncnrance Cozpany , as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of One million one hundred forty one thousand nine hundred & 0/100 Dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Area D-2 Tract 13437 (known as "San Juan Hills") BRIDGES Z. Saa Sitteiy; for vcaI� ived, a Y,43 taies'��nd apce t ao ..��.�� change, extension of tune, alteration, o modt£caUon 33u con dactunentsar of the work to be performed thereunder, shall to any aay'affecl its obCgauons or.thts bond and it does hereby waive notice of any such change, extension of time, :9terati6n, or modification of the contract documents or of work to be performed thereunder. . Executed this 10th day of January 19 - 96 , at San Francisco . California. APPROVED AS TO FORM: CITY ATTORNEY PRINCIPAL Jeffr Prosto Vice President operations Taylor 1604row Homes California Ltd. (NOTARIZATION AND SEAL) SURETY The American Insurance y z %r � Lisa Wofford, Attorn -in-Fact (NOTARIZATION AND SEAL) Page 2 - Subdivision Performance Bond #11133221736 Area D-2 Tract 13437 (known as "San Juan Hills") BRIDGES CALIVORNIA ALL-PURPOSE ACKNOWLEDGMENT W. 5907 State of County of California San Francisco On January 10, 1996 before me, Martha M.G. Scholl, Notary Public DATE NAME- TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC' personally appeared Lisa B. Wofford NANIE(S) OF SIGNER(S) personally known to me - OR - to be the personX whose namgzj is/a-re subscribed to the within instrument and ac- knowledged to me that,kr5/she/they executed the same in Ws—/her/tt�tTr authorized capacity(iW, and that by_h+s/her/ttierr signature(,aj'on the instrument the personW, or the entity upon behalf of which the person( acted, executed the instrument. _ MARTHA M.G. SCHOLL COMM. N 1040294 WITNESS my hand and official seal, i?j = NOTARY FRANCISCO o as SAN FRANCISCO COUNTY My Corrin. Expires Nov. 4, :998 SIGNATURE OF NOTARY Martha M.G. Scholl 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 ENT TY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ®1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmel Ave., P.O. Box 7184 • Canoga Park CA 91309-7184 GENERAL . PO AMRRNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1946, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the County of Marin, State of California, has made, constituted and appointed, and does by these presents make, constitute and appointALAN S H I REK AND LISA B. WOFFORD, jointly or severally SAN FRANCIUO. A its true and lawful Artorn s}in- act, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recognizances or other written obligations in the nature thereof _ _ _ _ _ _ _ _ _ _ _ and to bind the Corporation thereby as fully and to the same extent as; if such bonds were signed by the President, scaled with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VD. Appofotment and Authority of Resfdeat Secretaries, Atrorneysdn-Fact sad Agents to accept LegilProcess sad Make Appearances. Section 45. Appofatment. The Chairman of the Board of Directors, the President, any Vice -President or any other person authorized by the Board of Directors, the Chilrman of the Board of Directors, the President or any Vice -President may, from time to time, appoint Resident Assistant Secretaries and Attorneys -In -Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and take appearances for and on behalf of the Corporation. Section 46. Authoriy: The authority of such Resident Assistant Secretaries, Attorneys -in -Fact and Agents shall be as prescribed in the instrument evidencing their appointment. Anysuch appointment and all authority grated thereby may be revoked at any time by the Bas rd of Directors or by auy person empowered to make such appolntmentr This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July. 1994, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of artomM any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation!' IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed byits Vice -President, and its corporate seal to be hereunto affixed this 17th day of November , 1994 � THE AMERICAN INSURANCE COMPANY • v •.i s. By Vi¢•PreiCmt STATE OF CALIFORNIA COUNTY OF MARIN ss On this 17th day of November 19 94 , before mepersonally came M. A.Mallonee to me known, who, being by me duly swam, did depose and say: that he is Vice -President of THE AMERICAN INSURANCE COMPANY. the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. OFFICIAL NOTARY SEAL , A. KRIEGER Notary Public—California 'nwy rvbuc - MARIN COUNTY My Comm. Exp. MAR 20,1995 CERTIFICATE STATE OF CALIFORNIA ss COUNTY OF MARIN I I, the undersigned, Resident Assist ant Secretary of THE AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and sealed at the County of Marin. Dated the 10th dayof January 19 96 360711 -TA -2-94 R"W= Asdna,a Seaeary I Bond No.: 11133221744 SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE . 66499.1) Premium: $1,350.00 WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Taylor Woodrow Homes California Ltd. (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 December 21 19 95 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 The American Insurance Company . as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of nnn hnndLeA fifty thmicand and n/1nQ Dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly' and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Area D-2 Tract 13437 (known as "San Juan Hills") PUBLIC STREETS 2. Said Surety, for value s ecelved, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the.contract'docii iertits or of the work to be performed thereunder, shalt 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 10th day of January 1996 , at Gan Franc-; aro California. APPROVED AS TO FORA: CITY ATTORNEY Page 2 - Subdivision Performance Bond PRINCIPAL Jeffry Prostor, yid President Operations Taylor odro Homes California Ltd. (NOTARIZATION AND SEAL) SURETY e American Insurance Conpany Lisa B. Wofford, At ev-in-Fact. (NOTARIZATION AND SEAL) #11133221736 Area D-2 Tract 13437 (known as "San Juan Hills") PUBLIC STREETS c.ENERAL. POWER THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the County of Marin, State of California, his made, constituted and appointed, and does by these presents make, constitute and appointALAN S H I REK AND LISA B. WOFFORD, jointly or severally SAN FANCIO A itsrrueandla ulAttom s}iu-)react, with full power and authority herebyconferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds. undertaking, recognisances or other written obligations in the suture thereof _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ sad to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Atlomey(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VII. Appointment and Authority of Resident Secretaries, Artomeyt-Cn-Fact cad Agea(s (o ocrep(Legaf Process sod NskeAppeannees. Section 4S. Appoiafinew(. The Chairman of the Board of Directors, the President, any Vitt -President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice-Presldent may, from time to time, appoint Resident Assistant Secretaries and Atiomeys-In-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 46. Authority. The authority of such Resident Assistant Secretaries, Attomeys-in-Fact and Agents shall be as prescribed in the instrument evidenetog their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appolutmea6 This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Via -President, Assistant Secretary, and Resident Assistant Secretary or this Corporation, and the seal of this Corporation maybe affixed or printed on anypowet of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attomey, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the CorporationC IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate seal to be hereumo affixed this 17th day of November -, 1994 . STATE OF CALIFORNIA ( ss, COUNTY OF MARIN THF AMERICAN INSURANCE COMPANY By Via-Prm&m On this 17th day of November 4 M. A.Mallonee to me known, who, being by me duly swam, did depose and say: that h 19 _9, before me personalty came e is Vim -President of THE AMERICAN INSURANCE COMPANY. the Corporation described in and which executed the above instrument: that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his time thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. OFFICIAL NOTARY SEAL A. KRIEGER �-s Notary Public— Califomla - MARIN COUNTY My Comm. Exp. MAR 20,1995 STATE OF CALIFORNIA COUNTY OF MARIN CERTIFICATE I. the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY,a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OFATTORNEY remains in full force and has not been revoked; and furthermore that Article VII. Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and sealed at the County of Marin. Dated the loth day of JanUa3YV _ 19 96 360711 -TA -2.94 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On January 10, 1996 before me, Martha M.G. Scholl, Notary Public DATE - NAME. TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC - No. 5907 personally appeared Lisa B. wofford NAME(S) OF SIGNER(S) ® personally known to me - OR - to be the personX whose name,81 is/afe subscribed to the within instrument and ac- knowledged to me thatJ44/she/they executed the same in PWher/ttireir authorized capacity(ifis), and that by,t}ie/her/t�ret"r signatureKon the instrument the person), or the entity upon behalf of which the person( acted, executed the instrument. Mal ARTHA M.G.SCHOLL s= COMM. k 1040294 'Q WITNESS my hand and official seal. �' my T NOTARY PUBLICCAUFORNIA o a SAN FRANCISCO COUNTY \ \ A. MY CgmmExpires pires Nov. 4, :948 SIGNATURE OF NOTARY Martha M.G. Scholl 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 ENTrIY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 9131)9-7184 Bond No. 11133221736 Premium; Included SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE, SECTION 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Tavlor Woodrow Homes California Ltd. (hereinafter designated as "Principal'), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain ddsignated improvements which said Agreement, dated December 21 , 1995 and identified as Project Area D-2 Tract 13437 (known as San Juan Hills) 1 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 The American Insurance Oozy as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of One million one hundred forty one thousand nine hundred & 0/100 Dollars ($ 1.141.900.00 ) 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 1 of 2 BRIDGES The Surety hereby stipulates and agrees that no change; exteo of 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 10th day of January 19 96, 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 Jeffre Prostor, fftrV President Operations Taylor tLdr w Homes California Ltd. (NOTARIZATION AND SEAL) SURETY e American Innsuranceany cl Lisa B. Wofford, Attorn -in-Fact (NOTARIZATION AND SEAL) 2 of 2 BRIDGES Area D-2 Tract 13437 (known as "San Juan Hills") GENERAL PATIXYRRNWER EY` THE AMERICAN INSURANCE COMPANY I KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the County of Marin, State of California, has made, constituted and appointed, and does by these presents make, constitute and appointALAN S HIREK AND LISA B. WOFFORD, jointly or severally SAN F�ANCIO PA itstrueandla ulAttorn s}in- act, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any sad all bonds, undertaking. recognizanc:s or other written obligations in the nature thereof _ ___ _ ___ _ __ _ _ _ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ said to bind the Corporation thereby as fully and to the same extent u if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming an that the said Attorney(s)-in-Fact tray do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VII. Appointment and Autbority of Resident Secretaries, Anorneys-tn-Fact sad Agents to accept Legal Process sad Make Appearmces. Section 45. Appointment. The Chairman of the Board of Directors, the President, any Via -President or soy other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vicc-President may, from time to time, appoint Resident Assistant Secretaries and Attorneys -In -Fact to represeat and act for and on behalf of the Corporation and Agents to accept legal process sad make appearances for and on behalf of the Corporation. Section 46. Authority The authority of such Resident Assistant Secreuries, Attorneys -in -Fact and Agents shall be as prescribed in the instrument evidencing tbeirappointment. Anysuch appointment and all authority granted thereby may be revoked at any time by the Board otDirecton or by any person empowered to make sach appolatmeaW This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, oron anyartificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or cenificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation:' IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-president, and its corporate seal to be hereunto affixed this 17til day of November , 1994 . %moi"fI' %:+'••, THF AMERICAN INSURANCE COMPANY rf t�0a By Via-Prmden[ STATE OF CALIFORNIA ss. COUNTY OF MARIN Onthis 17th dayof November 1994 ,before mepersonally came M. A.Mallonee to me known, who, being by me duly sworn, did depose and say: that he is Vitt -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. 1 OFFICIAL NOTARY SEAL A. KRIEGER , s Notary Pubile—California 'aunrtit+uc MARIN COUNTY My Comm. Exp. MAR 20,1995 CERTIFICATE STATE OF CALIFORNIA COUNTY OF MARIN 1 1. the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY.a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remaim in full force and bas not been revoked- and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in fora. Signed and sealed at the County of Marin. Dated the loth day of JanuarV �0 19 96 I +.,�Y ^ aoiaot[ n.wum secean 360711 -TA -2.94 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of California San Francisco On January 10, 1996 before me, Martha M.G. Scholl, Notary Public DATE NAME, TITLE OF OFFICER. E.G., -JANE DOE, NOTARY PUBLIC' No. 5907 personally appeared Lisa B. Wofford NAME(S) OF SIGNER(S) FS personally known to me - OR proved to Fne-eft-�Sls 01 setfisf�� - to be the personX whose name,K is/are subscribed to the within instrument and ac- knowledged to me thatJbd_/she/they executed the same in 04her/tbel-r authorized capacity (i�s'}, and that by _h+s/her/their signature(s'on the instrument the person(s), or the entity upon behalf of which the person( acted, executed the instrument. MARTHA M.G. SCHOLL p CDM. # 1040294 T NOTARY MPUBLIC-CALIFCRNIA o WITNESS my hand and official seal. a t SAN FRANCISCO COUNTY • My Comm. Expires Nov. 4, 1998 w SIGNATURE OF NOTARY Martha M.G. Scholl 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 ❑ ATTORNEY -W -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 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On January 10, 1996 before me, Martha M.G. Scholl, Notary Public DATE NAME, TITLE OF OFFICER • E.G., 'JANE DOE, NOTARY PUBLIC' personally appeared Lisa B. Wofford NAME(S) OF SIGNER(S) personally known to me - OR - to be the person ,W whose namep6 is/afe subscribed to the within instrument and ac- knowledged to me that,k6/she/they executed the same in Fti'eher/tt>-6rr authorized capacity(iW, and that by _bs/her/t} r signature( -on the instrument the personal, or the entity upon behalf of which the person( acted, executed the instrument. _@4.cm5_;. MARTHA M.G.SCHOLL COMM.tt1040294 NOTARYPU9LIC�ALIFC4NASAN FRANCISCO COUNTY WITNESS my hand and official seal. My Comm. Expires Nov. 4, 1998 n Al SIGNATURE OF NOTARY Martha M.G. Scholl OPTIONAL No. 5907 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER Tm.E(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ 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 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 Bond No. 11133221744 Premitiun: Included SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE, SECTION 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Taylor Woodrow Homes California Ltd. (hereinafter designated as "Principal'), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain ddsignated improvements which said Agreement, dated December 21 , 1995 and identified as Project Area D-2 Tract 13437 (known as San Juan Hills) 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 The American Insurance Conaanv , as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum Of _nne hundred fifty thousand and 0/100 Dollars ($i5n,non_no ) 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 1 of 2 PUBLIC STREETS 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 10th ' day of January , 19__96.j the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. PRINCIPAL Jeffrey ostor, V cfC sident Operations I� Taylor 4 odro Homes California Ltd. PFifOVED AS TO FORX (NOTARIZATION AND SEAL) K. DENHALTER, CITY NOTE: Please Attach Acknowledgement and Power of Attorney SURETY The American Insurance y Lisa B. wofford, Atto y -in -Fact (NOTARIZATION AND SEAL) 2 of 2 PUBLIC STREETS Area D-2 Tract 13437 (known as "San Juan Hills") po `FA09 r AMRNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the County of Marla, State of California, his made, constituted and appointed, and does by these presents make, constitute and appointALAN S H I REK AND LISA B. WOFFORD, jointly or severally SAN FgANCIS�O CA itstrueandla ulAttorneys)-in-Fatt, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recognisances or other written obligations in the nature thereof _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ and to bind the Corporation thereby as fully and to the same extent as V such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Artide VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Artide VII. Appointment and Autborfiy of Reddent Secretaries, Anomeys-fn-Fact sad Agents to accept Legal Process and Mdse Appmraneu. Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vice -President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice -President may, from time to time, appoint Resident Assistant Secretaries and Attorneys -In -Fact to represent and set for sad on behalf of the Corporation and Agents to accept legal process and make appearances for sad on behalf of the Corporatlon. Sectioo 46. Authority. The authority of such Resident Assistant Secretaries, Attorneys -la -Fact and Agents shall be as prescribed in the instrument evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Bond of Directors or by any person empowered to make such appointment." This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July. 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation maybe affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any rev=tion of any power of attorney, or cetificate bearing such facsimilc signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate seal to be hereunto afflued this 17 til day of November , 199_. THF AMERICAN INSURANCE COMPANY By Vi¢•Ptaiemt STATE OF CALIFORNIA ss COUNTY OF MARIN Outfit 17th dzyof Novemberly 94 before me personally came M. A.Mallonee to me known, who, being by me duly sworn, did depose and say: that he is Vice -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. OFFICIAL NOTARY SEAL A KRIEGER s Notary Public—California • MARIN COUNTY My Comm. Exp. MAR 20,1995 STATE OF CALIFORNIA COUNTY OF MARIN CERTIFICATE I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked- and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and sealed at the County of Marin. Dated the 10th day of January , 19 96 360711 -TA -2.94 SUBDl1/LSION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE . 66499.0 Bond No.: 11133221751 Premium: $8,032.00 WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Taylor Woodrow Homes California Ltd. (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 December 21 !9 95 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 The American Insurance Conmanv , as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of eight hundred ninety two thousand four hundred fortv and 0/100 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, i- there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Area D-2 Tract 13437 (known as "San Juan Hills") PRIVATE STREETS 2. Said Surety, for value eceived, 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, shalt 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 10th day of January 19 96 , at San Francisco , California. APPROVED AS TO FORM: L L IJ j . CITY ATTORNEY Page 2 - Subdivision Performance Bond PRINCIPAL Jeff�ey Pr�, a President Operations Taylor Ltd. ow Homes California (NOTARIZATION AND SEAL) SURE Y The American Lasurance y Lisa G�rd, AttorneI-Fact (NOTARIZATION AND SEAL) #11133221751 Area D-2 Tract 13437 (known as "San Juan Hills") PRIVATE STREETS GENERAf¢f.- P. TTORRNEY THE AMERICAN INSURANCE COMPANY 1 KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the County of Marin, State of California, has made, constituted and appointed, and does by these presents make, constitute and appoint ALAN S H I REK AND LISA B. WOFFORD, jointly or severally SAN FRANCISCO CA its true and lawful At[ornev(s}m-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recognisances or other written obligations in the nature thereof _ _ __ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and coaftrming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VII. Appointment and Authodfy of Resident Secretaries, Attorneysda-Fact and Agents to accept Legs] Process and Make Appesraaces. Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vice -President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vjce-Pmident may, from time to time, appoint Resident Assistant Secretaries and Attorneys -in -Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearaaces for and no behalf of the Corporation. Section 46. Authority. The authority of such Resident Assistant Secretaries, Attomgs-in-Fact and Agents shall be as prescribed in the instrument evidencing their appolatment. Any such appointment and an authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment.^ This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution has not been amended or repaled: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the scat of this Corporation maybe affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate seal to be hamisto affixed this 1Z,t It day of November 1994 . STATE OF CALIFORNIA l ( as. COUNTY OF MARIN THE AMERICAN INSURANCE COMPANY By via -Prudent Onthis 17th dayof November 19_94 ,before mepersonally came M. A.Mallonee tome known, who, being by me duly sworn, did depose and say: that he is Vice-Praident of THE AMERICAN INSURANCE COMPANY. the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. =NOTARY SEALlihxniaTYAR 2'0,1995 STATE OF CALIFORNIA COUNTY OF MARIN the undersigned, and the Resolution CERTIFICATE I W. RICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that in full force and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the of Directors; set forth in the Power of Attorney, are now in force. Signed and sealed at the County of Marin. Dated the 10th day of January _ _, 1996 . 360711 -TA -2.94 amd.Assistant Saaaary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of California San Francisco On January 10, 1996 before me, Martha M.G. Scholl, Notary Public DATE NAME. TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC' No. 5907 personally appeared Lisa B. hbfford NAME(S) OF SIGNER(S) ® personally known to me - OR - to be the person ,sf whose namepsj is/efe subscribed to the within instrument and ac- knowledged to me that hcf/she/they executed the same in fyis/her/t4errr authorized capacity(iw5), and that by,kl+s/her/tleeVr signatureKon the instrument the personko, or the entity upon behalf of which the person( acted, executed the instrument. _ MARTHA M.G.SCHOLL COMM. 1(140294 o WITNESS my hand and official seal. �j • d r NOTARY PUBLiGCAUFORNIA p G SAN FRANCISCO COUNTY +\Nt \ - MY Comm. E:cpires Nov. 4, :998 SIGNATURE OF NOTARY Martha M.G. Scholl 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 TTLE(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 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Bax 7184 - Canoga Park, CA 91309-7184 Bond No. 11133227151' Premium: Included SUBDIVISION LABOR AND MATERL0.L BOND (GOVERNMENT CODE, SECTION 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and _Taylor Woodrow Homes California Ltd. (hereinafter designated as "Principal'), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements which said Agreement, dated December 21 . 1995 and identified as Project Area D-2 Tract 13437 (known as San Juan Hills) 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 The American Insurance Company , as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of eight hundred ninety two thousand four hundred forty and 0/100 Dollars ($ g92.44o.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 1 of 2 PRIVATE STREETS I 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 10th ' day of January 19_2.6., -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 .Teffre (rostor,r,/ President Operations Taylor oodr Homes California Ltd. (NOTARIZATION AND SEAL) SURETY e American%Insurance y Lisa B. Wofford, Atto y -in -Fact (NOTARIZATION AND SEAL) 2 of 2 PRIVATE STREETS Area D-2 Tract 13437 (known as "San Juan Hills") GE.XLtAL POVAR OF AAMRNEY THE AMERICAN INSURANCE COMPANY i KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on lune 1, 1990, and having its principal office in the County of Marin, Stare of California, has made, constituted and appointed, and does by these presents make, constitute and appo"ALAN SH I REK AND LISA B. WOFFORD, jointly or severally its trine annd lawfof Aitornul)Oin-Mcct, with full powerand authority herebycortrefred in its name, placeand stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recogn'uanccs or other written obligations in the nature thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Amide VII. Appointment acrd Authority of Resident Secretaries, Attorneysdo-Fact and Agents to accept fegaiProcess and Melte Appearances. Section 4S. Appolnfinent. The Chairman of the Board of Directors, the President, any VI a Presidenl or any other person authorized by the Board of Dlrecton, the Chairman of the Board of Directors, the President or any Vice -President may, from time to time, appoint Resident Assistant Secretaries and Attorneys-ta-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and o behalf of the Corporation. Section 46. Authority: The authority of such Resident Assistant Secretaries, Attorneys4a4za and Agents shall be u prescribed in the instrument evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appolotmen0o This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation maybe affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorrley, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPA`.'Y has caused these presents to be signed by its Vice -President, and its corporate seal to be hereunto affixed this 17t -It day of November , 1994 THE AMERICAN INSURANCE COMPANY a By Via-RecdLnt STATE OF CALIFORNIA Its. COUNTY OF MARIN Onthis 17th dayof November ly 94 ,before mepersonally came M. A.Mallonee to me known, who, being by me duly sworn, did depose and say: that he is Vice -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the sea[ of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the dayand year herein first above written. OFFICIAL NOTARY SEAL , A. KRIEGER EC Notary Public — California •wur Public MARIN COUNTY My Comm. Exp. MAR 20.1995 CERTIFICATE STATE OF CALIFORNIA as. COUNTY OF MARIN I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OFATTORNEY remains in full force and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; act forth in the Power of Attorney, are now in force. Signed and sealed at the Countyof Marin. Dated the loth day of January , 19 96 360711 -TA -2.94 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of California San Francisco On January 10, 1996 before me, Martha M.G. Scholl, Notary Public DATE NAME. TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC No. SW7 personally appeared Lisa B. Wofford NAME(S) OF SIGNER(S) ® personally known to me - OR - to be the person,W whose nameS4 is/a-r-e- subscribed to the within instrument and ac- knowledged to me that h6/she/they executed the same in h} cher/their authorized capacity(io,g), and that by _h+e/her/t�IF signature(4-on the instrument the personks), or the entity upon behalf of which the person( acted, executed the instrument. MARTHA M.G. SCHOLL WITNESS my hand and official seal. coMna. 1040294 v �' ; NOTARY FRANCISCO COUPUBLIC-CALIFORNIAYno p `� 1\ SAN FRANCISCO COUNTY `vJR1- 111 My Comm. Expires Nov. 4, 1998 M .. SIGNATURE OF NOTARY Martha M.G. Scholl 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 ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENrrIY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 . SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE . 66499.0 pry: $2,149.00 Bond No.: 11133221769 WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Taylor Woodrow Homes California Ltd. (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 December 21 19 95 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 The American Insurance Company , as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of two hnndrpa thirry night thnncanr7 envnn hnndrnJl cnvnnt;z night & nfinn 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, i` there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Area D-2 Tract 13437 (known as "San Juan Hills") SEWER 2. Said Surety, for value received, hereby stipulates _and agrees that no change, extension of time, alteration, or modification of - the contract dociimerits or of the .,.., work to be performed thereunder, shalt in any way affect its obliga£ions 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 10th i9 96 , at San Francisco APPROVED AS TO FORM: CITY ATTORNEY Page 2 - Subdivision Performance Bond day of January , California. PRINCIPAL Jeffr Prostor President Operations Taylor -O-vow Homes California Ltd. (NOTARIZATION AND SEAL) SURETY ` e American InsuranceC any a ` d Attorn` e� in -Fact (NOTARIZATION AND SEAL) 11133221769 Area D-2 Tract 13437 (known as "San Juan Hills") SEWER GENERAL ATTORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on lune 1, 1990, and having its principal office in the County of Marin, State of California, has made, constituted and appointed, and does by these presents make, constitute and appoirnALAN SHIREK AND LISA B. WOFFORD, jointly or severally SAN UANCIS� 0 m itstrueandia ul Attora s}in- act, with full power and authority hereby conferred in its name, place and stead, to execute, sea], acknowledge and deliver any and all bonds, undertaking. recognizances or other written obligations in the nature thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Artomey(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VII. Appointment and Authority of Resident Secretaries, Attorneys -to -Fact sad Agents to accept Legal Process and Make Appearances. Section 45. Appointment. The Cbairman of the Board of Directors, the President, any Vice -President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any ti ice -President may, from time to time, appoint Resident Assistant Se tales and Attomeya-ln-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for mad on behalf of the Corporation. Section 46. Authority. The authority of such Resident Assistant Secretaries, Attorneys -In -Fact and Agents shall be as prescribed in the instrument evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day ofJuly. 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Via.President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation maybe affixed or printed on any power of attorney, on any revocation of any power of attorney or on any certificate relating thereto, by facsimile, and any power of attorney any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPA.\Y has mused these presents to be signed by its Vice -President, and its corporate seal to be hereunto affloted this 17th day of November , 1994_. ` THE AMERICAN INSURANCE COMPANY /) By Via-P,e4dmt STATE OF CALIFORNIA COUNTY OF MARIN ss. 17th November 94 M. A.Mallonee On this day of 19 before me personally carne to me known, who, being by me duly sworn, did depose and say: that he is Via -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my o fricial seal, the day and year herein first above written. OFFI=COUNTY AL , la is Notarda ei,rrwnur My Co20,1995 CERTIFICATE STATE OF CALIFORNIA COUNTY OF MARIN 1. the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY,a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OFATTORNEY remains in full force and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and sealed at she Countyof Marin. Dated the loth dayof JaniiarV Rii �.,,�i�•rg•�r' noiamr A»:rram s.veun 360711 -TA -2.94 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of _ County of California San Francisco On January 10, 1996 before me, Martha M.G. Scholl, Notary Public DATE NAME, TITLE OF OFFICER. E.G.,'JANE DOE, NOTARY PUBLIC' Na. 5907 personally appeared Lisa B. Wofford NAME(S) OF SIGNER(S) personally known to me - OR to be the personJ4 whose namep6 is/af-& subscribed to the within instrument and ac- knowledged to me that h6/she/they executed the same in Wher/tt tr authorized capacity(! as), and that by_h+s/her/t1iaVr signatureM'on the instrument the person(s), or the entity upon behalf of which the personfpA acted, executed the instrument. M "TNA SCHOLL (Co M 1040294 = �► r NOTARY M.G.PUBLiCCALiFCRNA O WITNESS my hand and official seal. O. SAN FRANCISCO COUNTY o MY Comm. Expires Nov. 4, :998 SIGNATURE OF NOTARY Martha M.G. Scholl 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 TIRE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ 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 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park CA 913097184 Bond No. 11133221769 Premium: Included SUBDIVISION LABOR AND MATERIAL. BOND (GOVERNMENT CODE, SECTION 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and _Tavlor Woodrow Homes California Ltd. (hereinafter designated as "Principal'), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements which said Agreement, dated necemher 21 , 1995 and identified as Project Area D-2 Tract 13437 (known as San Juan Hills) 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 mhe American 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 h..ndred thirty eight thousand seven hundred seventy eight and 0/100 Dollars ($_ 238.778.00 ) 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 1 of 2 SEWER 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 10th ' day of January 19_96 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 Jeffr Prostor, President Operations TayloWood ow Homes California Ltd. AS TO FORM (NOTARIZATION AND SEAL) K. DENHALTER, CITY NOTE: Please Attach Acknowledgement and Power of Attorney SURETY e American Insurance Canpany wof rd A rn- (NOTARIZATION AND SEAL) 2 of 2 SEWER Area D-2 Tract 13437 (known as "San Juan Hills") GENERAL POWER OF ATTORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the County of Marin, State of California, his made, constituted and appointed, and does by these presents make, constitute and appotntALAN SHIREK AND LISA B. WOFFORD, jointly or severally SAN F�ANCISGO A its true andla ulAttom 5)- act, with full power and authority hereby conferred in its name, place: and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recognisances or other written obligations in the nature thereof _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VII. Appointment sad Authority of Resident Secreuries, Atforneys-ln-Fact sad Agents to anxpt Legal Process and Mike Appearances. Section 45. Appointment. The Chairman of the Board of Directors, the Prnident, any Vice -President or any other person authorized by the Board of Directors, the Chairman of the Board of Direeton, the President or may Vice-Presldent may, from time to time, appoint Resident Assistant Secretaries and Attorneys4n4scl to mpreseot and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 46. Authoefty. The authority of such Resident Assistant Secreuries, Attorneys -in -Fat and Agents shall be as prescribed in the instrument evidencing their appointment. Any such appointment and all authority granted thereby may be myoked at anytime by the Board of Directors or by any person empowered to make inch appointment This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution bas not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate hearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation!* SN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPAI.Y has caused these presents to be signed by its Vice -President, and its corporate seal to be hereunto affixed this 17th day of November , 1994 1, .'s STATE OF CALIFORNIA COUNTY OF MARIN ss THE AMERICAN INSURANCE COMPANY By Via-Prmdmt Ou this 17th day of November 19_94 before me personally came M. A. Mallonee to me known, who, being by me duly sworn, did depose and say: that he is Vice -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have bereunto set my hand and affixed my official seal, the day and year herein first above written. OFFICIAL NOTARY SEAL , A. KRIEGER s Notary Public — California Pubuo -MARIN COUNTY My Comm. Exp. MAR 20,1995 CERTIFICATE STATE OF CALIFORNIA 1 ss COUNTY OF MARIN I I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY,a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OFATTORNEY remains in full force and bas not been revoked; and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Baud of Directors; set forth in the Power of Attorney, we now in force. Signed and sealed at the County of Marin. Dated the lolls day of JanUary _, 19 96 . 'r.titiCC•ir�+,- R.Wou A.Uf SKTCCYr 360711 -TA -2.94 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On January 10, 1996 before me, Martha M.G. Scholl, Notary Public DATE NAME, TITLE OF OFFICER. E.G., *JANE DOE, NOTARY PUBLIC' NO. S907 personally appeared Lisa B. Wofford NAME(S) OF SIGNER(S) personally known to me - OR pfaII;,ed te me en the basis of sattis�a�� - to be the personX whose namep6 is/afe subscribed to the within instrument and ac- knowledged to me that>6/she/they executed the same in ttiseher/thxerr authorized capacity(ias'), and that by_b+s/her/tom signature,( -Y'0 the instrument the person(a), or the entity upon behalf of which the person('PA, acted, executed the instrument. MARTHA M.G. SCHOLL /b. COMM. A 1040294 c6 r NOTARY PU9UCCAUFORNIA o WITNESS my hand and offiial seal. r a + SAN FRANCISCO COUNTY r 1 . My Comm. rxPires NOV. 4, :998 SIGNATURE OF NOTARY Martha M.G. Scholl 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 TRLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ 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 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 913097184 SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE . 66499.0 Bond No.: 11133221777 Premium: $6,206.00 WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Taylor Woodrow Homes California Ltd. (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 December 21 19 95 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 The American Insurance Company , as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of six hundred eighty nine thousand five hundred sixty four and 0/100 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, is there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Area D-2 13437 (known as "San Juan Hills") STORM DRAIN • 2. Said Surety, for value ?ece:ved, 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, shalt 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 10th day of January 199 96 • at San Francisco . California. APPROVED AS TO FORA: CITY ATTORNEY Page 2 - Subdivision Performance Bond PRINCIPAL Jeffr Pros tor16;;TLD a President operations Tayl 00 ow Homes California Ltd. (NOTARIZATION AND SEAL) SURE Y The American/Insurance y Lisa Wolford, Atto -in-Fact- (NOTARIZATION AND SEAL) #11133221777 Area D-2 Tract 13437 (known as "San Juan Hills") STORM DRAIN GENERAL POWER OF — ATiDRNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1946, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the County of Marin, State of California, has made, constituted and appointed, and does by these presents make, constitute and appo"uALAN S H I REK AND LISA B. WOFFORD, jointly or severally SAN FRANCIS} FA its ave and lawf Atiorn s m- act, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recognvances or other written Obligations in the nature thereof _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attated by its Secretary, hereby ratifying and confirming all that the said Attor icy(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VII. Appointment and Authority of Resident Secretaries, Atforneysdn-Fact and Agents to accept Legal Process mad Make Appearances. Section 45. Appointment. The Chairman of the Board of Directors, the President, any Via -President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or may V icc-President may, from time to time, appoint Resident AssBtant Secretaries and Attorneys -in -Fact to represent and met for and on behalf of the Corporation and Agents to accept legal proem and make appearances for and on behalf of the Corporation. Section 46. Authotitry The authority of such Resident Assistant Secrenries, Attomeys-in-Fact and Agents shall be as prescribed in the instrument evidencing their appointment. Any such appointment and W authority granted thereby maybe revoked at anytime by the Board of Directors or by any person empowered to make such appointment!' This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1994, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Seactary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the CorporationC IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY bas auscd these presents to be signed by its Vice -President, and its corporate seal to be hereunto affixed this 17 t h day of November , 1994 . STATE OF CALIFORNIA l COUNTY OF MARIN THE AMERICAN INSURANCE COMPANY By Vi¢.Psei4en[ On this 17th day of November 19 94 , before me personally came M. A. Mallonce to me known, who, being by me duly sworn, did depose and say: that he is Vice -President of THE AMERICAN INSURANCE COMPANY. the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal, the dayand year herein first above written. -61 O=N0TAF,1,,Y,,,SF_ASEAL ,faNfomia aia.rrubue `YMy 20,1995 CERTIFICATE STATE OF CALIFORNIA COUNTY OF MARIN 1 I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and sealed at the County of Marin. Dated the loth day of JanUarV , 19 _2_6. 360711 -TA -2.94 tta;amt n.rinam sevaart CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On January 10, 1996 before me, Martha M.G. Scholl, Notary Public DATE NAME. TITLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC No. 5967 personally appeared Lisa B. Wofford NAME(S) OF SIGNER(S) ® personally known to me - OR proved to me en the basis of satos - to be the personJ4 whose name,(zj is/afe subscribed to the within instrument and ac- knowledged to me that>6/she/they executed the same in b} cher/herr authorized capacity(ia-S), and that bytes/her/tJieVrr signature(s)'-on the instrument the person(M, or the entity upon behalf of which the person( acted, executed the instrument. MARTHA M.G.SCHOLL COMA1it 1040294 WITNESS my hand and official seal. NOTARY POUC-CALIFORNIA p .. SAN FRANCISCO COUNTY n ,�+� s My Comm. Expires Nov. 4, :998 r ��1 LLLllliii ' SIIGG��NA---TORE OF NOTARY Martha M.G. Scholl OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7' Bond No. 11133221777 Premium: Included SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE, SECTION 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Taylor Woodrow Homes California Ltd. (hereinafter designated as "Principal'), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain ddsignated improvements which said Agreement, dated December 21 1995 and identified as Project Area D-2 Tract 13437 (known as San Juan Hills) 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 The American Insurance - Company . as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum Of Giy bundrod Pightty nine thousand five hundred sixty four and 0/100 Dollars ($ xAq SF , nen _) 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 thereil 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 1 of 2 STORM DRAIN 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 10th day of January 19 96 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 Jeffre rostor, ce resident Operations „ I Taylor odro Homes California Ltd. AS TO FORM (NOTARIZATION AND SEAL) K. DENHALTER, CITY NOTE: Please Attach Acknowledgement and Power of Attorney SURETY The American Insurance Con�any Lisa B. Vbfford. Attorn in -Fact (NOTARIZATION AND SEAL) 2 of 2 STORM DRAIN Area D-2 13437 (known as "San Juan Hills") GENERAL PORKER OF ATTORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the County of Marin, State of California, has made, constituted and appointed, and does by these presents make, constitute and appointALAN SHI REK AND LISA B. WOFFORD, jointly or severally iu truueaNnd liwfiil Attomey(s}in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recogniraaces or other written obligations in the nature thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VD. Appointment BudAutbority ofResideat Secretaries, Attorneysdn-Fact and Agents to accept J.egai Process and Mike Appearances. Section 4S. Appointment. The Chairman of the Board of Directors, the president, any Vitt -President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any li9ce-President may; from time to time, appoint Resident Assisraot Secretaries and Attorneys -In -Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 46. Authority, The authority of such Resident Assistant Secretaries, Attorneys -in -Fact and Agents shall be as prescribed in the instrument evidencing their appointment. Any such appointment and allauthority granted thereby maybe revoked at any time by the Board of Directors or by any person empowered to make such appointment This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution bas not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation maybe affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certi£rcate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation" IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY bas caused these presents to be signed by its Vice -President, and its corporate seal to be hereunto affixed this 17 t h day of November , 1994 . ��""''%'�'•• THF AMERICAN INSURANCE COMPANY i By ViR•P[mdent STATE OF CALIFORNIA ss. COUNTY OF MARIN Onthis 17th dayof November 19 94 , before me personally came M. A. Mallonee to me known, who, being by me duly sworn, did depose and say: that he is Vice -President of THE AMERICAN INSURANCE CONIE3MY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have bereunto set my hand and affixed my official seal, the day and year herein first above written. OFFICIAL NOTARY SEAL A. KRIEGER -ai Notary Public—California . MARIN COUNTY My Comm. Exp. MAR 20,1995 STATE OF CALIFORNIA COUNTY OF MARIN undersigned, the Resolution of the Boud of CERTIFICATE } as. 'IAN INSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that oil force and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the eectors; set forth in the Power of Attorney, are now in force. Signed and sealed at the County of Marin. Dated the 10th day of January , 19__L6. •'1 360711 -TA -2.94 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of California County of sa' Francisco On January 10, 1996 before me, Martha M.G. Scholl, Notary Public DATE NAME, TITLE OF OFFICER - E.G..'JANE DOE, NOTARY PUBLIC personally appeared visa B. Wofford NAME(S) OF SIGNER(S) ® personally known to me - OR preyed te - to be the person�4 whose name,(sf is/efe- subscribed to the within instrument and ac- knowledged to me that kcr/she/they executed the same in F}rs/her/thvrr authorized capacity(45), and that by Joss/her/tI:i�r signatureKon the instrument the persons , or the entity upon behalf of which the person(?) acted, executed the instrument. MARTHA M.G.SCHOLL COMM. # 1040294 NOIARYPUSLIC-CALIFORNIA o WITNESS my hand and official seal. a SAN FRANCISCO COUNTY MY Com. rllWes Nov. 4.:998 SIGNATURE OF NOTARY Martha M.G. Scholl 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 EN"rY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-71P ` CONTRACT BOND — CALIFL _.dIA FAITHFUL PERFORMANCE — PUBLIC WORK Bond No. 11141572633 Initial premium charged for this bond is $ 100.00 subject to adjust- ment upon completion of contract at appli- cable rate on final contract price. KNOW ALL MEN BY THESE PRESENTS, that Taylor Woodrow Homes California Ltd. of Laguna Hills, CA as Principal, and the The American Insurance Company a corporation organized and existing under the laws of Nebraska and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto the City of San Juan Capistrano, in the sum of Nine thousand two hundred fifty Dollars ($ ' 9,250.00 ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION 15 SUCH, that WHEREAS, the above -bounded Principal has entered into a Contract dated December 21, , 19 95 with the City of San Juan Capistrano to do and perform the following work, to wit: Subdivision Manument-9ior Area D-2 Tract 13437 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 24th day of January 19 96 APPROVED AS TO FORM: : ai City Attorney Taylor Woodrow Homes California Ltd. Principal n q- tly �A'IOAacl wcv`�l n The Am, ican Insurance Company By Lisa B. Wofford, Attotney-in-Fact NOTE: Acknowledgements of execution of Principal and Surety must be attached. *MONUMENTATION BOND GENERAa POWERA RRNEY THE AMERICAN INSURANCE COMPANY KNb W ALL MEN BY THESE PRESENTSt That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the County of Marin, State of California, has made, constituted and appointed, and does by these presents make, constitute and appo""ALAN S H IREK AND LISA B. WOFFORD, jointly or severally SAN FRANCISCO CA its true and lawful Attom s}in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recognisances or other written obligations in the nature thereof _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact tray do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VII. Appointment sad Authority of Resident Secretaries, Attorneys-ta-Fact and Agents to accept Legal Process and Mike Appearances. Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vice -President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice -President may, from time to time, appoint Resident Assistant Secretaries and Attorneys -in -Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 46. Authority, The authority of such Resident Assistant Secretaries, Attorneys -lo -Fact and Agents shall be as prescribed in the instrument evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appolatment This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution has nor been amended or repealed: "RESOLVED, that the signature of any Vice.President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation!' IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate scat to be hereunto affued this 17th day of November , 1994 THE AMERICAN INSURANCE COMPANY - Y —_ ` via-PresidmL STATE OF CALIFORNIA 1l)j COUNTY OF MARIN On this 17 t h day of November I , 199 4 , before me personally came N1. A. NWIonee to me known, who, being by me duly sworn, did depose and say: that he is Vice -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affued to the said instrument is such corporate seal; that it was so affued by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. OFFICIAL NOTARY SEAL ' A. KRIEGER Notary Public —CaBtomla rvwk ` MARIN COUNTY Ml' Comm. Exp. MAR 20,1995 CERTIFICATE STATE OF CALIFORNIA ss COUNTY OF MARIN I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY,a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OFATTORNEY remains in full force and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and sealed at the County of Marin. Dated the 24th day of 360711 -TA -2.94 January 96 19 _. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On January 24, 1996 before me, Martha M.G. Scholl, notary Public DATE NAME, TITLE OF OFFICER- E.G., 'JANE DOE, NOTARY PUBLIC' personally appeared Lisa B. Wofford NAME(S) OF SIGNER(S) No. 5907 ® personally known to me - OR - factory -evidence - to be the personl4 whose nameK is4re subscribed to the within instrument and ac- knowledged to me that-he/she/they executed the same in -his/her/therr authorized capacity(iesj, and that by his/her/their signature(s) on the instrument the person(sr, or the entity upon behalf of which the _ MARTHA M.G.SCHOLL COMM. It 1040294 'V person(s) acted, executed the instrument. = a~ E NOTARY PUBLIC -CALIFORNIA O s SAN FRANCISCO COUNTY 4..^ My Comm.ExolrIIZDV 4.1998 WITNESS my hand and official seal. 1 1� _�, 'U'_0 SIGNATURE OF NOTARY Martha M.G. Scholl 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 TrzLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITYQES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Aye., P.O. Box 7184 - Canoga Park, CA 91309-7184 �1�� AMERIC 1 �9 } STATE OF CALIFORNIA }ss. COUNTY OF Obru0.v U l .19`10 , before me, Lw l d a J� personally appeared CV1Q t l we'vv ' A k'� , 0, Q , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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. Signatu Title of Document Date of Document Other signatures not acknowledged uNOA Ml SMrtli COMM. i 1067f = QW0 Notary P�b1C — QW0,4OORANGE COUNTY Ca . Expi APR 30.1999 (this area for official notarial seal) No. of Pages 3008 0 94) (General) First American Title Insurance Company Ailexander exander FEDERAL EXPRESS #8247130522 January 10, 1996 Ms. Jessica Flanagan Taylor Woodrow Homes California Ltd. 24461 Ridge Route Drive Laguna Hills, CA 92653-1686 SAN JUAN HILLS PROJECT TRACTS 13436,13437 & 13866 Dear Jessica: Alexander & Alexander of California, Inc. 333 Bush Street, Suite 600 San Francisco, CA 94104-2878 415-391-2600 Tel 415-773-4474 Fax Lisa Wofford Bond Manager In accordance with your requests, enclosed are the originals of the following: 1100001= 11133221637 Performance/Labor & Materials Bond - City of San Juan Capistrano. San Juan Hills, Tract 13436 - Area C-2 project. Bond Term: 12/21/95 - 12/21197 Bond Amount: $488,218.00 Premium: $4,394.00 11133221645 Performance/Labor & Materials Bond - City of San Juan Capistrano. San Juan Hills, Tract 13436 - Area C-2 project. Bond Term: 12/21/95 - 12/21/97 Bond Amount: $221,722.00 Premium: $1,996.00 11133221652 Performance/Labor & Materials Bond - City of San Juan Capistrano. San Juan Hills, Tract 13436 - Area C-2 project. Bond Term: 12/21/95 - 12/21/97 Bond Amount: $167,500.00 Premium: $1,508.00 N exander exander Ms. Jessica Flanagan Page 2 January 10, 1996 11133221660 Performance/Labor & Materials Bond - City of San Juan Capistrano. San Juan Hills, Tract 13436 - Area C-2 project. Bond Term: 12/21/95 - 12/21/97 Bond Amount: $287,628.00 Premium: $2,589.00 11133221678 Performance Bond - Capistrano Valley Water District. San Juan Hills, Tract 13436 - Area C-2 project. Bond Term: 12/21195 - 12/21/97 Bond Amount: $426,000.00 Premium: $3,834.00 We will forward our invoices for the above premiums shortly. Sincerfely, Lisa Wofford Bond Manager /lW Enclosure i I SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE . 66499.0 Bond No.: 11133221637 Prerdum: $4,394.00 WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Taylor Woodrow Homes California T d (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 December 21 1995 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 The American Insurance Company as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of Four hundred eighty eight thousand two hundred eighteen 6 n/inn Dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Area C-2 Tract 13436 (known as "San Juan Hills") PRIVATE STREETS 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 10th day of January 19 96 at San Francisco , California. APPROVED AS TO FORM: CITY ATTORNEY PRINCIPAL Jeffrey Pr >tor, Vi sident, Operations Taylor Wo omes California Ltd. (NOTARIZATION AND SEAL) SURETY e American Insurance y C�2G /rd, torreeF Lisa B. F7offord, Atto ey-in-Fact (NOTARIZATION AND SEAL) Page 2 - Subdivision Performance Bond #11133221637 Area C-2 Tract 13436 (known as "San Juan HIlls") PRIVATE STREETS I, GENERAL^ PATTOORRNEY THE AMERICAN INSURANCE COMPANY i KNOW ALL MEN BY THESE PRESENTS: Thu THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the County of Marin, State of California, his made, constituted and appointed, and does by these presents make, constitute and appoint ALAN SHIREK AND LISA B. WOFFORD, jointly or severally SAN FRANCISWO CA its trueand lawful pttorn s}in-Fact, with full power andauthority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any Bud all bonds, undertaking, recognirances or other written obligations in the nature thereof _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation Bad duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys)-in-Fatt may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 Bud 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VD. Appointment andAuthorlty of Resident Secretaries, Attorneys -la -Fact and Agents to aeeepe Legal Process Bad Mike Appearances. Section 45. Appolatment. The Chairman of the Board of Directors, the President, any Vice -President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any VIce-Presidcat may, from time to time, appoint Resident Assistant Secretaries and Attorneys -Ica -Fact to represent Bad act for and on bch#Jf of the Corporstioa and Agents to accept legal process Bad make Bppannca for and on behalf of the Corporation. Section 46. Authority. The authority of such Resident Assistant Secretaries, Attorneys -in -Fact and Agents shag be as prescribed in the instrument evidencing their appointment. Any such appointment Bud all authority granted thereby may be revoked at any time by the Bond of Directors or by say person empowered to make such appolntmentr This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31 st day of July, 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of Bay Vice.President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation maybe affixed or printed on any power of attorney, on any rcvocation of any power of attorney, or on any certificate relating thereto, by facsimile, Bad any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by Its Vice -President, and its corporate seal to be hae. nto affixed this 17th day of November , 1994 . STATE OF CALIFORNIA l COUNTY OFMARIN ( ss THE AMERICAN INSURANCE COMPANY By Vi¢•fh¢ident On this 17th day of November19 94 , before mepersonally came M. A.Mallonee to me known, who, being by me duly sworn, did depose and say: that he is Vice -President of THE AMERICAN INSURANCE COMPP.NY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand Bud affixed my official seal, the day and year herein first above written. ------------------- OFFICIAL NOTARY SEAL A. KRIEGER s Notary Publ$c—California MARIN COUNTY My Comm. Exp. MAR 20,1995 ;wsi91tafKk4sl STATE OF CALIFORNIA ss. COUNTY OF MARIN I I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and scaled at the County of Marin. Dated the 10th day of January 19 96 360711 -TA -2.94 amd.m Avdnan, S,vnarr r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of California San Francisco No. 5907 On January 10, 1996 before me, Martha M.G. Scholl, Notary Public DATE NAME, TITLE OF OFFICER - E.G.. 'JANE DOE, NOTARY PUBLIC' personally appeared Lisa B. Wofford NAME(S) OF SIGNER(S) personally known to me - OR - to be the personX whose namep6 is/afe subscribed to the within instrument and ac- knowledged to me that her/she/they executed the same in 1Wher/t4er authorized capacity(45), and that by,b+s/her/t}wrrr signaturelon the instrument the person(s), or the entity upon behalf of which the person( acted, executed the instrument. MARTHA M.G. SCHOLL q COMM. S 1040294 r NOTARY PUBLIC -CALIFORNIA o WITNESS m hand and official seal. 0. SAN FRANCISCO COUNTY y n MY Cortin. Expires Nov. 4, :998 I I ✓,1 ` 1py14 JTt�\SRI SIGNATURE OF NOTARY Martha M.G. Scholl 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 TTTLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ 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 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park CA 913047184 Bond No. 11133221637 Bond No.: 11133221637 SUBDIVISION LABOR AND MATERIAL BOND Premitun: Included (GOVERNMENT CODE, SECTION 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Taylor Woodrow Homes California Ltd. (hereinafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain ddsignated improvements which said Agreement, dated December 21 . 1995 , and identified as Project Area C-2 Tract 13436, (known as San Juan Hills) 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 The American Insurance any , as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum Of fn= h„nr9r>A Ptghryeight thousand two hundred eighteen and 0/100 Dollars ($ 488,218.00 ) 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 1 of 2 PRIVATE STREETS k 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 10th day of January , 1996j 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 Jeffrey ostor, is President Operations rn PROVED AS TO F)ORjA (NOTARIZATION AND SEAL) K. DENHALTER, CITY NOTE: Please Attach Acknowledgement and Power of Attorney SUR;i1is TY e American Insurance L��Ati B. 7 Wofford, Atto ey-in-Fact (NOTARIZATION AND SEAL) 2 of 2 Area C-2 Tract 13436 (known as "San Juan PRIVATE STREETS Hills") ORAL OWEROF ATiORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on lune 1, 1990, and having its principal office in the County of Marin, State of California, has made, constituted and appointed, and does by these presents make, constitute and appointALAN SHIREK AND LISA B. WOFFORD, jointly or severally SAN FRANCIWO its true and lawful Acorn s}in- SCacA i,with full power and authoriryhereby conferred in its name, place and stead, to execute, seal acknowledge and deliver any and all bonds, undertaking, recognisances or other written obligations in the nature tbereof _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confuming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VII. Appointment sad Authorf(y of Resident Si!cm arfes, Atioraeysdn-Flet sad Agents to accept Lela! Process sad Make Appearances. Section 45. Appointment. The Chapman of the Board of Directors, the President, any Vitt -President or say other person authorized by the Board of Directors, the Chapman of the Board of Directors, the President or any Vice -President may, from time to time, appoint Resident Assistant Secretaries and Attorneys -In -Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and Make appearances for and on behalf of the Corporation. Section 46. Authority. The authority of such Resident Assistant Secretaries, Attorneys -in -Fact and Agents shall be as prescribed in the instrument evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment." This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a mecting duly called and held on the 31st day of July. 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice-president, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation maybe affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by is Vice -President, and is corporate seal to be hereunto affixed this 17th day of November , 1994 . THE AMERICAN INSURANCE COMPANYBy /) Via•PrmAcm STATE OF CALIFORNIA ss. COUNTY OF MARIN On this 17th day of November 19 94 ,before mepersonalt came M. A.Ma1IOnee to me known, who, beingb me dug sworn, did d y y y depose and say: that be is Vice-president of AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument: that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal: that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set myhand and affixed my official seal, the day and year herein first above written. OFFICIAL NOTARY SEAL A KRIEGER s Notary public —California •MARIN COUNTY My Comm. Exp. MAR 20,1995 STATE OF CALIFORNIA t ss COUNTY OF MARIN CERTIFICATE + I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY,a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and bas not been revoked- and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and sealed at the County of Marin. Dated the loth day of cTanuarV , 19 96 360711•TA-2.94 SUBDIVISION FArrHFUL PERFORMANCE BOND (GOVERNMENT CODE . 66499.0 Bond No.: 11133221645 Premium: $1,996.00 WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Tavlor Woodrow_Homes California T.rA. (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 December 21 1995 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 The American Insurance ConpanY , as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of two hundred twenty one thousand seven hundred twenty two & 0/100 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 he nc11 and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Area C-2 Tract 13436 (known as "San Juan Hills") SEWER 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 10th day of January 19 96 at San Francisco . California. APPROVED AS TO FORM: CITY ATTORNEY Page 2 - Subdivision Performance Bond PRINCIPAL Jeffrey rostor, � resident, Operations J ( O1V �i..r l7 � Taylor row Homes California Ltd. (NOTARIZATION AND SEAL) SURETY American Insurance Companv L'sa . Wofford, Attorn in -Fact (NOTARIZATION AND SEAL) #11133221645 Area C-2 Tract 13436 (known as San Juan Hills") SEWER CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco No. 5907 On January 10, 1996 before me,_ Martha M.G. Scholl, Notary Public DATE NAME, TITLE OF OFFICER - E.G..'JANE DOE, NOTARY PUBLIC personally appeared Lisa B. Wofford NAME(S) OF SIGNER(S) personally known to me OR rlpireyed to Fne-en the ba-sis a, saus a�� to be the personX whose namek4 is/efe, subscribed to the within instrument and ac- knowledged to me that /she/they executed the same in tyis/her/ther authorized capacity(is-9), and that by,b+s/her/tl4eVr signature(,, -)'on the instrument the person(s), or the entity upon behalf of which the person( acted, executed the instrument. MARTHA M.G. SCHOLL I WITNESS my hand and official seal. COMM. # 1040294 v a J =• NOTARY FRANCISCCALIFO TY no ' SAN FRANCISCO COUNTY MY Comm. Expires NOV. 4, 1998 SIGNATURE OF NOTARY Martha M.G. Scholl 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 ITT E(s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTrrY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park CA 91309-7184 GENSRAL -- POWER OF ATTORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on lune 1, 1990, and having its principal office in the County of Marin, State of California, has made, constituted and appointed, and does by these presents make, constitute and appointALAN S H I REK AND LISA B. WOFFORD, jointly or severally SAN FRANCIWO CA its true and lawful Attorn s}in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking. reco8nirances or other written obligations in the nature thereof _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ and to bind the Corporation thereby as fully and to the same extent m if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duty attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Axdde VD. Appointment and Authority of Resident Smrrtaries, Attorneys -fn -Fact sad Agents to accept Legal Process and Milne Appearances. Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vice -President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vicr-President may, from time to time, appoint Resident Assistant Secretaries and Attotneys4is-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 46. Authority. The authority of saeb Resident Assistant Secretaries, Attorneys -in -Fact and Agents shall be as prescribed in the instrument evidencing theirappointment. Any such appointment sad all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to maks such appointmeal." This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution bas not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation maybe affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate seal to be hereunto affixed this 17th day of Noyet7ber , 1924. .+ THE AMERICAN INSURANCE COMPANY By v:¢ -President STATE OF CALIFORNIA ss COUNTY OF MARIN Onthis 17th dayof November 19 94 before me personally came M. A.Mallonee to me known, who, being by me duly sworn, did depose and say- that he is Vice -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above Instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal: that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. OFFICIAL NOTARY SEAL A KRIEGER Notary pudic— Ca8lomla i. MARIN COUNTY My Comm. Exp. MAR 20,1995 STATE OF CALIFORNIA l ss COUNTY OF MARIN CERTIFICATE 1, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked- and furthermore that Article VII, Sections 45 and 46 of the BY -laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power ofAttorney, are now in force. Signed and sealed at the County of Marin. Dated the 10th day of JanuasV "19 96. 360711 -TA -2.94 Bond No. 11133221645 Premium: Included SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE, SECTION 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and _—Tavlor Woodrow Homes California Ltd. (hereinafter designated as "Principal'), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements which said Agreement, dated December 21 199_5 and identified as Project Area C-2 Tract 13436, (known as San Juan Hills) 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 The American Insurance CaTpany , as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum Of two hundred twenty one thousand seven hunArpa tw n v two 6 0/100 Dollars ($ 221,722.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that, if the above bound Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees 1 of 2 SEWER 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 10th day of January 19_96_, 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 Q JeffrProsto ,�V' President Operations rn00 r PROVED AS TO FJJR:A (NOTARIZATION AND SEAL) K. DENHALTER, CITY NOTE: Please Attach Acknowledgement and Power of Attorney SURETY e American Insurance y Lisa B. Wofford, :�ttoYney-ir-Fact (NOTARIZATION AND SEAL) 2 of 2 SEWER Area C-2 Tract 13436 (known as "San Juan Hills") CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of _ County of California San Francisco On January 10, 1996 before me, Martha M.G. Scholl, Notary Public DATE NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC personally appeared Lisa B. Wofford NAME(S) OF SIGNER(S) r personally known to me - OR - pireved to Fn basis of w:sftO:- d..,,.,., to be the person( f whose named j is/ere subscribed to the within instrument and ac- knowledged to me that>5/she/they executed the same in lyWher/thcrrr authorized capacity(ia5), and that by,h4a/her/tf4err signatureKon the instrument the personal, or the entity upon behalf of which the person() acted, executed the instrument. _ MARTHA M.G. SC COMM. # 1040294 WITNESS my hand and official seat. . si N01ARY PUBLIC -CALIFORNIA G• �yti'T'ifiSid! FRANCISCO COUNTY f1nn�\ U, -a MY Gomm. Expires Nov. 4, :998l --1t 1�,. v • '✓SIGNATURE OF NOTARY Martha M.G. Scholl OPTIONAL No. 5907 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENnTY(IES) 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 Remmet Ave., P.O. Boz 7184 - Canoga Park CA 91309-7184 GENF1tAL POWER OF AMRNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on lune 1, 1990, and having its principal office in the County of Marin, State of California, his made, constituted and appointed, and does by these presents make, constitute and appointALAN S H I REK AND LISA B. WOFFORD, jointly or severally SAN FRANCISCO CA its true and lawful Attornms}in-Fact, with full power and authority hereby conferred in its time, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recognisances or other written obligations in the nature therm( and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by (ts Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VD. Appointment and Authority of Resident Secretaries, Attorneys -fn -Fact andAgentr to accept Legal Process sod Maim Appearances. Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vice -President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice-Pmident may, from time to time, appoint Resident Assistant Secretaries and Attomeys4n4aet to represent and act for and on behalf of the Corporation and Agents to accept legal proem and make appearances for and on behalf of the Corporation. Section 46. Authority. The authority of such Resident Assistant Secretaries, Attomeys-in-Fact and Agents shall be as prescribed in the instrument evidencing their appointment. Any such appointment and W authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make each appointment.^ This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation maybe affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attomey, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has mused these presents to be signed by its Vice -President, and its corporate seal to be her^ -unto affixed this 17th day of November , 19 14__ t"L!ft' + •,, THE AMERICAN INSURANCE COMPANY • ,•�'Jl`• By 'Y Vlc.ihmd<nI STATE OF CALIFORNIA ss COUNTY OF MARIN 17th November M. A.Mallonee On this day of 19 _,94 before me personally came , to me known, who, being by me duly sworn, did depose and say: that he is Vice -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal, the day and year herein first above written. OFFICIAL NOTARY SEAL A. KRIEGER -d Notary Public —California �. MARIN COUNTY My Comm, Exp. MAR 20,1995 STATE OF CALIFORNIA ( ss COUNTY OF MARIN 1 CERTIFICATE f, the undersigned, Resident AssistantSecretary of THE AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Sigged and sealed at the County of Marin. Dated the 10th day of January , 19 96 . 360711 -TA -2.94 SUBDIVISION FArrHFUL PERFORMANCE BOND w (GOVERNMENT CODE . 66499.1) Bond No.: 11133221652 Premium: $1,508.00 WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Tavlor (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 December 21 1995 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 Tl:e Arnerican Insurance Conpany . as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "ObLigee"), in the sum of one hundred sixty seven thousand five hundred & 0/100 Dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Area C-2 Tract 13436 (known as "San Juan Hills") PUBLIC STREETS 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 10th day of January 1996 , at San Francisco California. APPROVED AS TO FORM-. CITY ATTORNEY Page 2 - Subdivision Performance Bond PRINCIPAL Jeffre Presid nt, Operations el Taylor I & row Homes California Ltd. (NOTARIZATION AND SEAL) SURE Y The American insurance 7any Lisa B. Wofford, Attorn -in-Fact (NOTARIZATION AND SEAL) #11133221652 Area C-2 Tract 13436 (known as "San Juan Hills") PUBLIC STREETS ' GEN01skL POWER OF AA17ORRNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1946, and redomestiated to the State of Nebraska on June 1, 1990, and having its principal office in the County of Maria, State of California, has made, constituted and appointed, and does by these presents make, constitute and appointALAN SH I RER AND LISA B. WOFFORD, jointly or severally SAN FRANCIS 0 SCA its true andlawfulAttorn s}in- aa, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recognimnces or other written obligations in the nature thereof _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attated by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power orattorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VII. Appointment and Authority of Resident Secretaries, A romeys-tn-Faef and Agents to accept Legal Process mad Make Appearances. Secdou 45. Appointment. The Chairman of the Board of Directors, the President, say Vice -President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice -President may, from time to time, appoint Resident Assistant Secretaries and Attorneys-ia-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 46. Authority; The authority of such Resident Assistant Secretaries, Attorneys -iii -Fact and Agents shall be as prescribed in the instrument evidencing theirappointment. Any such appointment and all authority grauted thereby may be revoked at anytime by the Board of Directors or by any person empowered to make such appointment." This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE A.MERICAN INSURANCE COMPANY at a meeting duly called and held on the 31 st day of July, 1984, and said Resolution bas not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation maybe affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upoo the Corporation!' IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused that presents to be signed by its Vice -President, and its corporate sal to be bereurto affixed this 17 t It day of November _.j994 . SPATE OF CALIFORNIA t ss COUNTY OF MARIN THE AMERICAN INSURANCE COMPANY By Via-Res4cnt On this 17th day of November 94 M. A.Mallonee _, before me personally came to me known, who, being by me duly sworn, did depose and say: that h 19 e is Vice -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have bereunto set my hand and affixed my official seal, the day and year herein first above written. OFFICIAL NOTARY SEAL A. KRIEGER . ' Notary Pud CO Cany rn MARIN COUNTY My Comm. Exp. MAR 20,1995 STATE OF CALIFORNIA COUNTY OF MARIN I ss. i, the undersigned, Resident Assistant Secretary of THE A.%IERICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and bas not been revoked- and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. CERTIFICATE Signed and sealed at the Countyof Marin. Dated the loth day of January -, 19 96 360711 -TA -2.94 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. S9e7 State of California County of San Francisco On January 10, 1996 before me, Martha M.G. Scholl, Notary Public DATE NAME, TITLE OF OFFICER- E.G.,'JANE DOE. NOTARY PUBLIC' personally appeared Lisa B. Wofford NAME(S) OF SIGNER(S) personally known to me - OR - to be the personX whose nameS4 is/afe subscribed to the within instrument and ac- knowledged to me thatJ;tWshe/t4ey executed the same in tyr's/her/tte'rr authorized capacity(iasg), and that by-b4s/her/t,4el`r signature('on the instrument the personal, or the entity upon behalf of which the person(?) acted, executed the instrument. MARTHA M.G. SCHOLL WITNESS m hand and official seal. COMM. # 1040294 y �j • s r NOTARY PUBLIC -CALIFORNIA c a y Co FRANCISCO C. 4,1998 p ` n My Gomm. Expires Nov. 4, :998 `1 I SIGNATURE OF NOTARY �C Martha M.G. Scholl OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 -Canoga Park CA 91309-7184 Bond No. 11133221652 Premium: Included SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE, SECTION 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and _ Taylor Woodrow Homes California Ltd. (hereinafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements which said Agreement, dated December 21 , 1995_, and identified as Project Area C-2 Tract 13436, (known as San Juan Hills) 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 The American Insurance Gly , as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum Of one h„nared sixty seven thousand five hundred & 0/100 Dollars ($ 167,500.00 ) 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 1 of 2 PUBLIC STREETS 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 10th day of Jan19__96_j the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. NOTE: Please Attach Acknowledgement and Power of Attorney PRINCIP L Jeffre ` ostor IlGll Pres t Operations (NOTARIZATION AND SEAL) SURETY e American Insprance Company Z�� C_ Lisa B. wofford, Attorn -- in -Fact (NOTARIZATION AND SEAL) 2 of 2 PUBLIC STREETS Area C-2 Tract 13436 (known as "San Juan Hills") GENERAL AAMRNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on tune 1, 1990, and having its principal office in the County of Marin, State of California, has made, constituted and appointed, and does by these presents make, constitute and appointALAN S H I REK AND LISA B. WOFFORD, jointly or severally its truue and liwfiifAttomey(s}Uin-FaR, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recognisances or other written obligations in the nature thereof -------------------------------- and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect, "Article VII- Appointment and Authority of Resident Seeretarfes, Attomeys-in-Fact and Agents to accept legal Process mad Make Appearances. Section 45. Appalatareat. The Chairman of the Board of Directors, the President, any Vitt -President or say other person sathodzed by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice -President may, from time to time, appoint Resident Assistant Secretaries and Attorneys -la -Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearmoas for and on behalf of the Corporation. Section 46. Aurbotity: The authority of such Resident Assistant Secretaries, Attorneys -in -Fact and Agents shall be as prescribed in the instrument evidencing thdr appotnusamt. Any such appointment and all authority granted thereby maybe revoked at anytime by the Board of Directors or by any person empowered to make such appointmeaw This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Hoard of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held an the 3Ist day of July, 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice-president, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation-" IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY bas =used these presents to be signed by its Vice -President, and its corporate seal to be herosnto affixed this. 17 t h day of November , 1994 . .= r • +, THE AMERICAN INSURANCE COMPANY By STATE ViaP[esiCm[ STATE OF CALIFORNIA ss COUNTY OF MARIN 17th November M. A.Mallonee On this day of I9 94 before me personally came to me known, who, being by me duly sworn, did depose and say: that he is Via -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affaed to the said instmment is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, 1 have hereunto set my hand and affaed my official seal, the day and year herein fust above written. OFFICIAL NOTARY SEAL A. KRIEGER Notary Public —California • MARIN COUNTY My Comm. Exp. MAR 20,1995 STATE OF CALIFORNIA CERTIFICATE COUNTY OF MARIN { W. 1, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEBRASKACorporadan. DO HEREBY CERTIFY that the foregoing and attached POWER OFATTORNEY remains in full force and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in fora. Signed and sealed at the County of Marin. Dated the 101h day of January ly 96 360711 -TA -2.94 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On January 10, 1996 before me, Martha M.G. Scholl, Notary Public DATE NAME, TITLE OF OFFICER - E.G.. 'JANE DOE, NOTARY PUBLIC' No. 5907 personally appeared Lisa B. Wofford NAME(S) OF SIGNER(S) personally known to me - OR - pfeved to Fne e I ;i e basis of saris�� to be the person ,W whose name,(.gf islafe subscribed to the within instrument and ac- knowledged to me that>6/she/they executed the same in 1,34eher/th-err authorized capacity(io-9), and that by _1+s/her/tJ;rerrr signatureWon the instrument the person(a), or the entity upon behalf of which the person(W acted, executed the instrument. MhR M.G. SCHOLL COMMMN1 . # 040294 00 WITNESS iy hand and official eal. e' r NOTARY PUBLIC -CALIFORNIA o o- SAN FRANCISCO COUNTY yy My Gomm. Expoires Nov. 4, 1998 J ,` +\ J� A SIGNATURE OF NOTARY Martha M.G. Scholl 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 TRLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ 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 07993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park. CA 91309-7184 SUBDIVISION FAITHFUL PERFORMANCE BOND Bond No.: 11133221660 (GOVERNMENT CODE . 66499.0 Premium: $2,589.00 WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Taylor Woodrow Homes California Tfd (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 December 21 1995 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 The American Insurance Ccupany , as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of two hundred eighty seven thousand six hundred twenty eight 5 0/100 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 farce and effect. Surety waives any rights, ;-- there sthere 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, inc!uding reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Area C-2 Tract 13436 (known as "San Juan Hills") STORM DRAIN 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 Lt 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 10th day of _ January 19 96 at San Francisco . California. APPROVED AS TO FORM: CITY ATTORNEY Page 2 - Subdivision Performance Bond PRINCIPAL Jeffreyj= Ti2resident, Operations Taylor W dr Homes California Ltd. (NOTARIZATION AND SEAL) f SUREXB1Kbffi(o e American Insurance Company Lisrd, Attorne it -Fact (NOTARIZATION AND SEAL) #11133221660 Area C-2 Tract 13436 (known as "San Juan Hills") STORM DRAIN GENERAL POWEROF AA77ORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on lune 1, 1990, and having its principal office in the County of Marin, State of California, has made, constituted and appointed, and does by these presents make, constitute and appointALAN S $ I REK AND LISA B. WOFFORD, jointly or severally SAN FR NCIS 0 CA itstruetndlawf Attorn s}in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recognisances or other written obligations in the nature thereof and to bind the Corporation thereby as fully and to the same stent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Ankle VD. Appointment sad Aarthotiyof Resldeat5ecreratfes, ANomeys-ta-Fact sad Agents to accept Legal Process and Milne Appenraaces. Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vice -President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice-Persideut may, from time to time, appoint Resident Assistant Secretaries and Attorneys4ts-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 46. Authority: The authority of such Resident Assistant Secretaries, Attorneys -in -Fact and Agents shall be u prescribed in the instrument evidencing their appolatment. Any such appointment and all authority granted thereby maybe revoked at anytime by the Board of Directors or by any person empowered to make such appointment:* This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1994, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary or this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attoraey, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMP A.ti-Y bas mused these presents to be signed by its Vice -President, and is corporate seal to be hero. nto affixed this 17th day of November , 1924_. `"f' IF �'•. THE AMERICAN INSURANCE COMPANY By Vi¢•Pratdmt STATE OF CALIFORNIA COUNTY OF MARIN On this 17 t h day of November ly 9 4 before me personally came M. A. Mallonee to me known, who, being by me duly sworn, did depose and say: that he is Vice -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. OFFICIAL NOTARY SEAL A KRIEGER s NotaryPublic— California MARIN COUNTY My Comm. Exp. MAR 20,1995 STATE OF CALIFORNIA CERTIFICATE COUNTY OF MARIN ss. I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OFATTORNEY remains in full force and bas not been revoked- and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and sealed at the County of Marin. Dated the loth day of January 19L1 360711 -TA -2.94 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On January 10, 1996 before me, Martha M.G. Scholl, Notary Public DATE NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC' No. 5907 personally appeared Lisa B. wofford NAME(S) OF SIGNER(S) personally known to me - OR rlpreved to Fne ,,., me baws of sat s �� to be the personX whose name;4 is/ar-e subscribed to the within instrument and ac- knowledged to me that h6/she/they executed the same in tWher/ttxar"r authorized capacity(iW, and that by rb+s/her/th r signatureWon the instrument the personal, or the entity upon behalf of which the person( acted, executed the instrument. MARTHA M.G. SC94 WITNESS my hand and official seal. COMM. f< 1040294 � NOTARY FRANCISCOPUBLIC-CALIFORNIA { 4" SAN FRANCISCO COUNTY JY]� MY Comm. Ex0es Nov. 4,:998 a.. SIGNATURE OF NOTARY Martha M.G. Scholl 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) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PSRSON(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 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Bond No. 11133221660 Premium: Included SUBDIVISION LABOR AND MATERIAL BOND (GOVERN,NlENT CODE, SECTION 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Tavlor Woodrow Homes California Ltd. (hereinafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements which said Agreement, dated December 21 1995 and identified as Project Area C-2 Tract 13436, (known as San Juan Hills) 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 The American Insurance qty as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of two hundred eighty seven thousand six hundred twenty eight 6 0/100 Dollars ($ 287,628.00 ) 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 1 of 2 STORM DRAIN 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 10th day of _ January 19 96_., 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 Jeffrey P tor, V esident Operations (NOTARIZATION AND SEAL) SURETY e Arerican Instyrance Company Lisa Wofford, Attorneya (NOTARIZATION AND SEAL) 2 of 2 STORM DRAIN Area C-2 Tract 13436 (known as "San Juan Hills") POdU Y THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomestiated to the State of Nebraska on June 1, 1990, and having its principal office in the County of Marin, State of California, has made, constituted and appointed, and does by these presents make, constitute and appointALAN SBI REX AND LISA B. WOFFORD, jointly or severally SAN FRANCISC�O A its true and lawfulAttarnW*in- net, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recogniunm or other written obligations in the nature thereof and to bind the Corporation thereby as fully and to the same extent u if such bonds were signed by the President, sealed with the corporate sea] of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VII. Appointment and Authodty of Resident Secretaries, Attorneys-In-Faet and Agents to accept Iegal Process and Make Appearances. Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vice -President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice -President may, from time to time, appoint Resident Assistant Secretaries and Attorneys -in -Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section ".Authority. The authority of such Resident Assistant Secretaries, Attorneys -In -Fact and Agents shall be as prescribed in the instrument evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment., This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the sea] of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation:' IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPAINY has caused these presents to be signed by is Vice -President, and its corporate seal to be hereunto affixed this 17 17 day of November , 1994 . STATE OF CALIFORNIA COUNTY OF MARIN THE AMERICAN INSURANCE COMPANY By ra.nmd,nc Onthis 17th dzyof November r 19 94 , before mepersonally came: M. A.Mallonee tome known, who, being by me duly sworn, did depose and say: that he is Yice-President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. OFFICIAL NOTARY SEAL A. KRIEGER Notary P Btomla �. MARIN INCOUNTY My Comm. Exp. MAR 20,1995 STATE OF CALIFORNIA CERTIFICATE COUNTY OF MARIN $s. I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OFATTORNEY remains in full force and has not been revoked- and furthermore that Article VII, Sections 45 and 46 of the Bylaws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and sealed at the County of Marin. Dated the 10th day of January .19 96 360711 -TA -2.94 A \Y CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of s`'T' Francisco On January 10, 1996 before me, Martha M.G. Scholl, Notary Public DATE NAME. TITLE OF OFFICER - E.G..'JANE DOE, NOTARY PUBLIC' No. 5907 personally appeared Lisa B. Wofford NAME(S) OF SIGNER(S) 19 personally known to me - OR proved te Fne-eM.4,e basis of - to be the person�(sj whose name(sf is/ate subscribed to the within instrument and ac- knowledged to me that>5/she/they executed the same in W-s-/her/t4err authorized capacity(is-9), and that by_t4s/her/tJx rr signaturei,,s,Y-on the instrument the personal, or the entity upon behalf of which the person'-AV)acted, executed the instrument. MAR M.G. SCHOLL COMM.M # 1040294 WITNES m hand and official seal. Y �' NOTARY PUSUC-CALIFORNIA no d SAN FRANCISCO COUNTY My (:omn. Expires Nov. 4, 1998 r+\ � Au SIGNATURE OF NOTARY Martha M.G. Scholl OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form, CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 CONTRACT BOND — CALIFt . QA FAITHFUL PERFORMANCE — PUBLIC WORK Bond No. 11133221819 Initialpremium charged for this bond is $ 100.00 subject to adjust- ment upon completion of contract at appli- cable rate on final contract price. KNOW ALL !AEN BY THESE PRESENTS, that Taylor Woodrow Homes California Ltd. of Laguna Hills, CA as Principal, and the The American Insurance Company a corporation organized and existing under the laws of Nebraska and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto the City of San Juan Capistrano, in the sum of Eleven thousand and 0/100 Dollars ($ 11,000.00 }, for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION 15 SUCH, that WHEREAS, the above -bounded Principal has entered into a Contract dated December 21 19 95 with the City of San Juan Capistrano to do and perform the following work, to wit: Subdivision;'4onumentafor Area C-2 Tract 13436 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 24th day of January 19 96 APPROVED AS TO FORM: C4-zh/ ity Attorney Tavlor Woodrow Homes California Ltd. Principal The Arnerij4n Insurance y BY Cb?� '9. Lish B. Wofford, Att ey-in-Fa t NOTE: Acknowledgements of execution of Principal and Surety must be attached. *MONUMENTATION BOND GENERAL POWER Oir! ATFORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 2846, and reciomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the County of Marin, State of California, has made, constituted and appointed, and does by these presents make, constitute and appointALAN SHIREK AND L I S A B . WOFFORD, jointly or severally SAN FRANCISCCO CA its we and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking. recognisances or other written obligations in the nature thereof ________________________________ and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys) -2n -Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VII. Appointment and Authority of Resident Secretaries, Attomeys-fn-Fact and Agents to accept Legal Process and Make Appearances Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vice -President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice -President may, from time to time, appoint Resident Assistant Secretaries and Attomeys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 46. Authority. The authority of such Resident Assistant Secretaries, Attomeys-in-Fact and Agents shall be as prescribed in the instmmenl evidencing their appointment. Any such appointment and all authority grated thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment:' This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or cenificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation:' IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate seal to be hereunto affixed this 17th day of November ig 94 THF AMERICAN INSURANCE CONIPANY B Vi¢Presidcnt STATE OF CALIFORNIA ss. COUNTY OF MARIN On this 17 t h day of November 19 99 4 , before me personally came N1. A. blallonee to me known, who, being by me duly sworn, did depose and say: that he is Vice -President of THE AMERICAN INSURANCE CONIFANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. 1 OFFICIAL NOTARY SEAL A. KRIEGER vZJ .n o Notary Public —California nun Nbae MARIN COUNTY My Comm. Exp. MAR 20,7995 CERTIFICATE STATE OF CALIFORNIA l ss COUNTY OF MARIN J( I, theundersigned, Resident Assistant Secretary of THE k-AERICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and sealed at the County of Marin. Dated the 24th day of January 19 96 xnideor Avuram Secraary 360711 -TA -2-94 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On January 24, 1996 before me, Martha M.G. Scholl, Notary Public DATE NAME, TIRE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC personally appeared Lisa B. TAbfford NAME(S) OF SIGNER(S) E3 personally known to me - OR - No. 5907 to be the perso Kwhose names') is/aM subscribed to the within instrument and ac- knowledged to me that,he/sheAtiey executed the same in his/her/their authorized capacity(i,e.$), and that by.Fis/her/thir signature(s) on the instrument the personal, or the entity upon behalf of which the person(s) acted, executed the instrument. MARTHAr. LLQ 1•.,�.r COMM. 1040294 I: + '7 �'' FRANCISCOSAN IUUCLAUFCRNIA o WITNESS my hand and ficial seal. Cxplre• Nov. 4, :998 J j'q V� I \ ✓� SIGNATURE OF NOTARY Martha M.G. Scholl OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 AMERI� �9 } STATE OF CALIFORNIA /Q }ss. COUNTY OF l— On-t`Dy"aq 1. 11x, before me, r1 i C "l,.ACL I Uyx&i Aet \_ , -e-'i l o < VSA 1 v\,� U _ personally appeared -IN'. , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and 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. _uNw M. sMn+ COhwN1. i 1067123 Z QhM0vCcmm.r0 ORANGE COUNTY APR 30.1999 (This area for official notarial seal) Title of Document Date of Document No. of Pages Other signatures not acknowledged 3008 (1/94) (General) First American Title Insurance Company 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949)493-1171 (949) 493-1053 (FAX) March 13, 2000 Mr. Robert C. Liewer Taylor Woodrow Homes, Inc. 24461 Ridge Route Drive Laguna Hills, California 92653 Re: Release of Bonds - Tract 13866 Dear Mr. Liewer: MEMBERS OF THE CITY COUNCIL COUENE CAMPBELL JOHN GREINER MATT HART GIL JONES DAVID M. SWERDLIN CITY MANAGER GEORGE SCARBOROUGH Per City Council action of February 1, 2000, the following bonds are hereby released as of today, March 13, 2000: BOND NO. PURPOSE AMOUNT 11133221702 Via Entrada Private Street $370,000 11133221686 Interior Private Streets 936,363 11133221710 Storm Drain 724,704 11133221694 Sewer 225,984 11141572625 Monumentation 13,000 Enclosed are copies for your records. If you have any questions, please do not hesitate to call me at (714) 443-6310. Very truly yours, /OQ,(,m?� 00/a4tc Dawn M. Schanderl Deputy City Clerk Enclosure cc: William Huber, Director Engineering & Building Safety Sam Shoucair, Senior Engineer The American Insurance Company (Original Bonds) DRUG USE M! San Juan Capistrano: Preserving the Past to Enhance the Future ;':LEASED DATE _I /. Bond No. 11133221702 Premium: TIENT CODE, SECTION 66499.2) Included WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Tavlor Woodrow Homes California Ltd. . (hereinafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements which said Agreement, dated December 21 , 1995 and identified as Project Area D-1 Tract 13866 (known as San Juan Hills) is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement; NOW, THEREFORE, we, the Principal and The American Insurance CcnWany as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum Of three hundred seventy thousand and 0/100 Dollars ($ -A7(1000_x!) 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 stanJ to and abide by and well and truly keep and perform the co•renants, 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 1 of 2 PUBLIC STREETS 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 aff-ect 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 10th day of January 19 96 , 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 Jeffrerostor, is President Operation (NOTARIZATION AND SEAL) 1 SURE The Arier In ce Lr,,z<7etY Lisa B. Wofford, Attorney-' -Fact (NOTARIZATION AND SEAL) 2 of 2 PUKM ST&FUS Area D-1 Tract 13866 (known as "San Juan Hills") GENERAL POWEROF AMRNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the County of Mario, State of California, has made, constituted and appointed, and does by these presents make, constitute and appointALAN S H TREK AND LISA B. WOFFORD, jointly or severally its trSiu aNnd liwful Anomey(s}io-FA, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recognizanees or other written obligations in the nature thereof _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby mdfyiag and confirming all that the said Attorneys) -in -Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Scaitim 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Ankle VII. Appointment and Authority of Resident Secretaries, Atiorneysdn-Fact and Agents to accept Legal Process and MskeAppenruees. Section 45. Appointment. The Chairman of the Board of Directors, the President, any Via -President or say other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any VicePresideat may, from time to time, appoint Resident Assistant Secretaries and Attorotys-in-Fact to represent and act for and on behalf of the Corporation sad Agents to accept legal process and make apparanas for and on behalf of the Corporation. Section 46. Anthort4- The authority of such Resident Assistant Secretaries, Attorneys-io-Fact and Agents shall be a prescribed in the instrument evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at say time by the Board of Directors or by any person empowered to awake such appoiatment.^ This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution bas not been amended or repealed: "RESOLVED, that the signature of any Vice-president, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, sad any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation!' IN WITNESS WHEREOF THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate seal to be hereunto affixed this 17th day of November , 19 94 . J;YtyL'•%'+'., THE AMERICAN INSURANCE COMPANY 1 " q'V t 3. +'r` « f 5By via-Rotdmr STATE OF CALIFORNIA ss. COUNTY OF MARIN Ong 17th dayof November 1994 ,before mepersonally came M. A.Mallonee to me known, who, being by me duly sworn, did depose and say: that he is Vice -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by Hite order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein fust above written. 1 a OFFICIAL NOTARY SEALA. KRIEGERNotary Public— California ,.r ia y avbik MARIN COUNTY aM Comm. Exp. MAR 20,1995 CERTIFICATE STATE OF CALIFORNIA ` ss COUNTY OF MARIN 1 I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY,a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and bas not been revoked' and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in fora. Signed and soiled at the County of Marin. Dated the loth day of January , 19 96 . :,= f Rsidm Asci u 5.aa+7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On January 10, 1996 before me, Martha M.G. Scholl, Notary Public DATE NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC' personally appeared visa B. Wofford NAME(S) OF SIGNER(S) ® personally known to me - OR to be the person ,(4 whose name; ffj is/afe subscribed to the within instrument and ac- knowledged to me that W/she/they executed the same in f}is/her/thea authorized capacity(i9s`), and that by,bis/her/tom signaturewon the instrument the persona), or the entity upon behalf of which the person(?) acted, executed the instrument. 74 MARTHA M.G. SCHOLL COMM. # 104o29a WITNESS m hand and offici I seal. gjll: e1z NOTARYPUi3LICLALIrORN1A o y a \ SAN FRANCISCO COUNTY fin\ \ MY co�• Expires Nov. 4, :998 SIGNATURE OF NOTARY Martha M.G. Scholl OPTIONAL No. 5907 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN•FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENrITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 1 SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE . 66499.1) Bond No.: 11133221702 Premium: $3,330.00 WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Tavlor W (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 December 21 1995 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 The American Insurance Campany , as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of three hundred seventy thousand and 0/100 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 Se null. and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. RELEASED ii ea D I Tract - 13866 (known as "San Juan Hills") 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 10th day of January 19 9.6 at San Francisco . California. PRINCIPAL Jeffrey stor, t esident, Op rations Taylorod Homes California Ltd. (NOTARIZATION AND SEAL) APPROVED AS TO FORM: SURE T e American Insurance Comp y G Lisa B. Wofford, Attorney -Fact CITY ATTORNEY (NOTARIZATION AND SEAL) Page 2 - Subdivision Performance Bond 11133221702 Area 0-1 Tract 13866 (known as San Juan Hills") PUBLIC STREETS GENERAL ROF A PNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomestiated to the State of Nebraska on June 1, 1990, and having its principal office in the County of Marin, State of California, has made, constituted and appointed, and does by these presents make, constitute and appointALAN SHIREK AND LISA B. WOFFORD, jointly or severally SAN F NCI O, A its true and laAttom s m- aa, with full power and authority hereby conferred in its name, place and stead, to execute, ",acknowledge and deliver any and a8 bonds, underuking, recognisances or other written obligations in the nature thereof ----------- — — ------------------- and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, scaled with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said AttomrAs}in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VII. Appointment aad Authority of Resident Seeretarks, Attorneys-ln-Fact and Agents to accept legal Procan and Make Appearances. Section 4S. Appointment. The Chairman of the Board of Directors, the President, any Vice -President or any other person authorized by the Board of Directors, the Chalrmaa of the Board of Directors, the President or any V1co-Presideul may, from time to time, appoint Resident Assistant Secretaries and Attorneys -in -Fad to represent and ad for and on behalf at the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 46. Authority. The authority of such Resident Assistant Secretaries, Attorneys -in -Fad and Agents shin be as prescribed in the instrument evidencing their appointment. Anysuch appointment and an authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to matte Inch appolutment.^ This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 3lst day of July, 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate seal to be hereunto affixed this 17th day of November , 1994 . '.L�%�''•. THE AMERICAN INSURANCE COMPANY i •'1i • By Vi¢�Pr¢ident STATE OF CALIFORNIA COUNTY OF MARIN Ong 17th dayof November 1994 ,before mepersonally came M. A.Mallonee to me known, wbo, being by me duly sworn, did depose and say: that he is Via- President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporatinn and that he signed his name thereto by like order. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal, the day and year herein first above written. OFFICIAL NOTARY SEAL A. KRIEGER "s Notary Publk—CaBhxnla MARIN COUNTY My Comm. Exp. MAR 20,1995 STATE OF CALIFORNIA COUNTY OF MARIN CERTIFICATE I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY,a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and sealed at the County of Marin. Dated the 10th day of January 19 _26. • ••�. F��it% fes. Rmdmr Arunw as¢aary X CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of California San Francisco On January 10, 1996 before me, Mangy M.G. Scholl, Notary Public DATE NAME, TITLE OF OFFICER - E.G.. 'JANE DOE. NOTARY PUBLIC' No. SN7 personally appeared Lisa B. Wofford NAME(S) OF SIGNER(S) IN personally known to me - OR - to be the personX whose namep6 is/ere subscribed to the within instrument and ac- knowledged to me that hWshe/they executed the same in tyWher/thierr authorized capacity(49), and that by,b+&/her/t)iel-r signature(,aj'on the instrument the personal, or the entity upon behalf of which the person(7) acted, executed the instrument. M.G. SCHOLL WITNESS y hand and official seal. *�-MARTRA COMM. tt 1040294 vNOTARY PUBLIANCISCO COU R Y nSAN FRANCISCO COUNTY 2 * Comrrl. Fxpees Nov. 4, 1998 SIGNATURE OF NOTARY Martha M.G. Scholl 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) ❑ GUARDIAWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTI Y(JES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8238 Remmet Ave., P.O. Box 7184 • Canoga Park CA 91309.7184 SUBDIVISION FAITHFUL PERFORMANCE BOND Bond No.: 11133221686 (GOVERNMENT CODE . 66499.1) Premium: $8,427.00 WHEREAS, the City Council of the City of San Juan Capistrano, State 3f California, and Tavlor (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 December 21 1995 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 The American Insurance Company as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of nine hundred thirty six thousand three hundred sixty three & 0{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, is there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. RELEASED DATE J � OU Area D-1 Tract 13$66 (known as "San Juan Hills") INITIALS-404IM`"'STREETS 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 10th day of January 19 96 at San Francisco . California. APPROVED AS TO FORM: CITY ATTORNEY Page 2 - Subdivision Performance Bond PRINCIPAL Jew _ r Pros tor a President, Operations Tay1 r Woo ow Homes California Ltd. (NOTARIZATION AND SEAL) SURE American Insurance )6 �t c Li B. fford, Attorney -in- act (NOTARIZATION AND SEAL) #11133221686 Area D-1 Tract 13866 (known as "San Juan Hills") PRIVAA- STREETS GENERAL PAT ATTORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS. That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1646, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the County of Marin, State of California, has made, constituted and appointed, and does by these presents make, constitute and appoint ALAN S H I REK AND LISA B. WOFFORD, jointly or severally its trSANisd lavvfitTAtttomey(s}io-FaAct,with full and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonder, mderuking, recogninnces or oNa written obligations in the nature thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attor ucy(s)-in-Fac may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Artick VII. Appointment and Authodry of Resident Saretades, Atroraeys-fa-Fact mad Agents to accept Legal Proems sad Mike Appearances. Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vice -President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Viee•President may, from time to time, appoint Resident Assistant Secretaries and Attoroeys-In.Fmct to represent and act for and on behalf of the Corporation and Agents to accept legal process and mike appearances for and on behalf of the Corporation. Section 46. Aathorfry. The authority of such Resident Assistant Secretures, Attorneys -in -Fact and Agents sball be as prescribed in the instrument evidencing thefrappolutmeut. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to nuke mach appolatmenl.^ This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution has not been amended or repealed: "RESOLVEDthat the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the sea! of this Corporation ;;ay be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation!' IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate seal to be haeunto affued this 17th day of November , 193.4.. �F r. } t•' ++ THE AMERICAN INSURANCE COMPANY �•"� •moi wteY, By vta.to-�e.er STATE OF CALIFORNIA ss COUNTY OF MARIN Onthis 17th dayof November 19 94 ,before mepersonally came M. A.Mallonee to me known, who, being by me duly swan, did depose and say: that he is Vice -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his time thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. OFFICIAL NOTARY SEAL , A KRIEGER ENotaryPudk:—CaBfixnia •ouryPuatk MARIN COUNTY My Comm. Exp. AUR 20,1995 CERTIFICATE STATE OF CALIFORNIA COUNTY OF MARIN I I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney. are now in force. Signed and sealed at the County of Marin. Dated the loth day of January _, 19 96 .i ••i++�+el COY ice• FAMM AYYYCI S,QCYr . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On January 10, 1996 before me, Atha M.G. Scholl, Notary Public DATE NAME, TITLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC' No. 5901 personally appeared Lisa B. Wofford NAMES) OF SIGNER(S) ' IM personally known to me OR ed to fAe Is, H a basis of aa;;sfac:c �' ,,,,e to be the person ,W whose naml is/ere subscribed to the within instrument and ac- knowledged to me that,46/she/they executed the same in FWher/thcTr authorized capacity(iW, and that by-his/her/tPrel? signature(Won the instrument the person(s), or the entity upon behalf of which the person(?)acted, executed the instrument. MARTHA M.G. SCHOLL WITNESS my hand and official seal. COMM. 81040294 NOIARY PUBUCLAUFORNIA no o. SAN FRANCISCO COUNTY - I.�A1 *� k{ WY Comm. Expires Nov. 4, 1998 .- ' 1 _ d , �L& SIGNATURE OF NOTARY Martha M.G. Scholl 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 TTTLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTIN NAME OF PERSONS) OR ENmY(IEs) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park CA 91309-7184 RELEASED Bond No. 11133221686 DATE 3 / 13 i0o Preinium: Included SUBDIVISION LABOR AND MATERIAL BOND CODE, SECTION 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and _ Tavlor Woodrow Homes California Ltd. (hereinafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements which said Agreement, dated December 21 19_95__, and identified as Project Area D-1 Tract 13866 (known as San Juan Hills) 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 The Anerican Insurance Company as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of nine hundred thirty six thousand three hundred sixty-three 6 0/100 Dollars ($ 936.363.00 ) 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 1 of 2 PRIVATE STREETS N 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 10th day of January 19 96 , 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 P;RI ffre ostor, is Pr Operations (NOTARIZATION AND SEAL) SURETY American Insurance Lisa B: ord, ttorne�in—�FClaamoc/ t any (NOTARIZATION AND SEAL) 2 of 2 00000PUREETS Area D-1 Tract 13866 (known as "San Juan Hills") GENERAL 'POWER F ATTORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the County of Marin, State of California, has made, constituted and appointed, and does by these presents make, constitute and appointALAN SH I REK AND LISA B. WOFFORD, jointly or severally its trru aNnd IaFwfu7 Atwl}in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recognizances or other written obligations in the nature thereof _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ and to bind the Corporation thereby u fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said AttomcAs}in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Ankle VII. Appointment and Authority of Resident Secretaries, Atromeysdn-Fact andASenh to accept Lega/Process and Make Appearances. Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vice -President or soy other person authorized by the Board of Director$, the Chairman of the Board of Directors, the President or any Vice -President may, from time to time, appoint Resident Assistant Secnurks and Attorneys-In.Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 46. Authoriy. The authority of such Resident Assistant Secretaries, Attorneys -In -Fact and Agents shall be as prescribed in the Instrument evidencing thelrappolutment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment: - TVs power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31 st day of July, 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shalt be valid and binding upon the Corporation." IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate seal to behermutoaffixed this—I.ZCtidayof November ,1994 THE AMERICAN INSURANCE COMPANY rs cg By va-Prm4mr STATE OF CALIFORNIA rs COUNTY OF MARIN On this 17th day of November 1994 ,before mepersonally rame M. A.Mallonee to me known, who, being by me duly sworn, did depose and say: that he is Via -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. 1 • OFFICIAL NOTARYSEAL A. KRIEGER "cam �s Notary Pudk— Caplorri eery wa c MARIN COUNTY My Comm. Exp. MAR 20,1995 CERTIFICATE STATE OF CALIFORNIA ss COUNTY OF MARIN 1, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY.a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OFATTORNEY remains in full force and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, arc now in force. Signed and sealed at the County of Marin. Dated the 10th day of January 19 _26. {\+°."F....,..pf — aadmr AawmSeacury CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of California San Francisco No. 5907 On January 10, 1996 before me, Martha M.G. Scholl, Notary Public DATE NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC' personally appeared Lisa B. wofford NAME(S) OF SIGNER(S) ® personally known to me - OR - to be the personX whose namepf is/aft subscribed to the within instrument and ac- knowledged to me that hWshe/they executed the same in t>ieher/tberr authorized capacity(ias5), and that by _We/her/t)hc0 signature(,$)'on the instrument the person($), or the entity upon behalf of which the person(/a) acted, executed the instrument. MARTHA M.G. SCHOLL - WITNESS m .CM fI 1040294 y hand and offici seal. Q . s' = NOTARY PU9LIC�ALIEORNIA p SS SAN FRANCISCO MY Comm. Expires Nov. 4, :998 SIGNATURE OF NOTARY Martha M.G. Scholl 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 TMLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENmY(IES) DESCRIPTION OF ATTACHED DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION -8236 Remmet Ave., P.O. Box 7184 -Canoga Park, CA 91309-7184 SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE . 66499.1) Bond No.: 11133221710 Premium: $6,522.00 WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Tavlo (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 December 21 L995 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 The American Insurance Cant as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of seven hundred twenty four thousand seven hundred four_and 0/100 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 null and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. dELEASED Area D-1 Tract 13866 (known as "San Juan Hills") 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 10th 19 96 , at San Francisco APPROVED AS TO FORM: CITY ATTORNEY day of PRINCIPAL January California. Jeffrey liostor,� president-,pperation Taylor i w Homes California Ltd. (NOTARIZATION AND SEAL) SURET e American Insurance Company Gam-&��j Lisa B. Wofford, Attorney Tact (NOTARIZATION AND SEAL) Page 2 - Subdivision Performance Bond #11133221710 Area D-1 Tract 13866 (known as "San Juan Hills") STORK DRAIN GENERAL POWEROF THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on lune 1, 1990, and having its principal office in the County of Mario, State of California, has made, constituted and appointed, and does by these presents make, constitute and appo"ALAN S HIRER: AND LISA B. WOFFORD, jointly or severally SAN Fj&,NCISy�}0,A its true and V Attorne a m- F. with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recognirances or other written obligation in the nature thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Anorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Art&le VII. Appointment and Authority of Resident Secretaries, Attorneys-fo-Fact and Agents to accept legal Process and Make Appeanaees. Section 45. Appolatmeat. The Chairman of the Board of Directors, the President, say Vice -President or any other person authorized by the Board of Directors, the CbArm m of the Board of Directors, We President or any Vica-President may, from time to time, appoint Resident Assistant Secretaries and Aftorneya.la-Fad to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 46. Authority, The authority of such Resident Assistant Secretaries, Attomeys4n-Fad and Agents shall be as prescribed to the instrument evidencing dwk appointment. Any such appointment and all authority granted thereby may be revoked at any time by We Board of Directors or by any person empowered to make sea oppotatment r This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation maybe affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation.^ IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY bas caused these presents to be signed by its Vice -President, and its corporate seal to behereuntoaffixedthis 17th dayof November 11994 . THE AMERICAN INSURANCE COMPANY 41 By V;s•p,wideer STATE OF CALIFORNIA u COUNTY OF MARIN Ogthis 17th dayof November 1994 ,before mepersonally came M. A.Mallonee to me known, who, being by me duly sworn, did depose and say: that he is Vice -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto ser my hand and affixed my official seal, the day and year herein first above written. OFFICIAL NOTARY SEAL , A KRIEGER ."i Notary Public —California souryPubae MARIN COUNTY My Comm. Exp. MAR 20.1995 CERTIFICATE STATE OF CALIFORNIA 1 u. COUNTY OF MARIN )( OWER OFATIURNEY remains in full force t and the Resolution of the Board of Directors; Signed and sealed at the County of Marin. Dated the loth day of COMPANY,a NEBRASKA Corporation, DO HEREBY CERTIFY that t been revoked; and furthermore that Article VII, Sections 43 and 46 of the n the Power of Attorney, are now in force. January , 19 96 . RELEASED Bond No. 11133221710 Premium: Included DATE i /,3/ Ill J SUBDTV1510N LABOR AND MATERIAL BOND 1T1A NIENT CODE, SECTION 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Taylor Woodrow Homes California Ltd. (hereinafter designated as "Principal'), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements which said Agreement, dated December 21 199__, and identified as Project Area D-1 Tract 13866 (known as San Juan Hills) 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_ The American Insurance Conpany , as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of seven hundred twenty four thousand seven hundred four and 0/100 Dollars ($ 724.704.00 ) 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 1 of 2 STORM DRAIN 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 10th day of January 19__q6_., 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 Jeffre �rostor President Operations PROVED AS TO FfJRx (NOTARIZATION AND SEAL) K. DENHALTER, CITY NOTE: Please Attach Acknowledgement and Power of Attorney SURET e American Insurance Company Lisa B. Wofford, Attorney- -Fact (NOTARIZATION AND SEAL) 2 of 2 SW,DMIA- Area D-1 Tract 13866 (known as "San Juan Hills") ATTORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the County of Marin, State of California, his made, constituted and appointed, and does by these presents make, constitute and appo"ALAN SHIREK AND LISA B. WOFFORD, jointly or severally its trueannd lawful Attomey(i)-m-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recognisances or other written obligations in the nature thereof _ _ _ _ _ _ ^ _ _ ^_ _ ^ _ and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney L granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Artlde VD. Appointment and Autaodty of Resident Secretaries, Attorneys-fn-Faer audAgents to accept legal Process and Make Appenrwees. Section 45. Appointment. The Chairman of the Board of Directors, the President, any VIce-President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or ally VicaPreddeut may, from time to time, appoint Resident Assistant Secretaries and Attorneys-In-Fset to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. SKdon 46. AuthoritF The authority of such Resident Assistant Secretaries, Attorneys -in -Fact and Agents shall be as prescribed to the instrument evidencing theirappoloatsent. Any such appointment and all authority granted thereby may be moked at any time by the Bond of Directors or by any person empowered to make such appointment.^ This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporadon may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal sball be valid and binding upon the Corporation' IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has mused these presents to be signed by its Vice -President, and its corporate seal to beher,rintoaffixedthis ..7th dayof November , 1.994_. THE AMERICAN INSURANCE COMPANY rci[' i By Ya•Raid<n[ STATE OF CALIFORNIA COUNTY OF MARIN ss Onthis 17th dayof November 19 94 ,before mepersonally me M. A.Mallonee se to me known, who, being by me duly sworn, did depoand say: that hca e is Vice -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seat, the day and year herein first above written. OFFICIAL NOTARY SEAL , A KRIEGER .'� Notary Public—Callfomla •euryPuWk MARIN COUNTY My Comm. Exp. MAR 20.1995 CERTIFICATE STATE OF CALIFORNIA 1 ss• COUNTY OF MARIN )( I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and sealed at the County of Marin. Dated the 10th day of January 19 96 •ii ��.R,�[-CCs � ntlidmtNwno[Seanary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of California San Francisco On January 10, 1995 before me, Martha M.G. Scholl, Notary Public DATE NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC No. 5907 personally appeared Lisa B. Wofford NAME(S) OF SIGNER(S) I� personally known to me - OR 9 proved to basis of satisim-de5"wkien� - to be the personjs' whose namep6 is/am subscribed to the within instrument and ac- knowledged to me that/she/they executed the same in t}vs/her/ttiurr authorized capacity(iW, and that by-t4a/her/Owrr signature(Won the instrument the person(s), or the entity upon behalf of which the person( acted, executed the instrument. MARTHA M.G. SCHOLL WITNES my hand and officia seal. C0MM.81040294 6' f NOTARY PUBLIC -CALIFORNIA n o SAN FRANCISCO COUNTY fa aMY Comrrl. EzPire9 Nov. 4.:998 u r \ ,t. _ SIGNATURE OF NOTARY Martha M.G. Scholl 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 PEASON(S) OR EN 1 Y(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remme[ Ave., P.O. Box 7184 - Canoga Park CA 91309-7194 Bond No.: 11133221694 SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE . 66499.1) premium: $2,034.00 WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Tavlo (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 December 21 1995 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 The American Insurance ConpanY as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of two hundred twenty five th itAnnd nine Mmdred eight V --four- thousand & 0/10(P011afs, 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 sthere be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. RELEASED Area D-1 Tract 13866 (known as "San Juan Hills") M 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 10th day of January 19 96 at San Francisco California. PRINCIPAL Jeffrey �tostor, V e esident, Operations Taylor VQQdX434 Homes California Ltd. (NOTARIZATION AND SEAL) APPROVED AS TO FORM: SURETY American Insurance Comp y Li B. Wofford, Att�in-7orneact CITY ATTORNEY (NOTARIZATION AND SEAL) Page 2 - Subdivision Performance Bond 11133221694 Area D71„Tract 13866 (known as "San Juan Hills") SE4fEW GLNERAL POWER OF ATTORNEY THE AMERICAN INSURANCE COMPANY t KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, IW, and redomesticated to the State of Nebraska on lune 1, 1990, and having its principal office in the County of Marin, State of California, has made, constituted and appointed, and does by these presents make, constitute and appointALAN SHIREK AND LISA B. WOFFORD, jointly or severally its tru aNnd liwful omul)-in-FaAct, with full power and authority bereby conferred in its name, place and stead, to execute, seal, acknowledge and deriver any and an bonds, undertaking, recognisances or other written obligations in the nature thereof and to bind the Corporation thereby as fully and to the same went as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VD. Appointment and Authority of Resident Secretaries, Attomeys-k-Fact sad Ageats to accept Iegd Process and Mike Appearances. Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vice -President or goy other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice -President may, from time to time, appoint Resident Assistant Secretaries and ANmneys4n-Fad to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 46. Authority. The authority of such Resident Assistant Secretaries, Altomeys4it-Fad and Agents shall be as prescribed in the instrument evidencing their appointment. Any such appointment and all authority granted thereby may be moked at any time by the Board of Dhectors or by any person empowered to make suds appointment!' This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1994, and said Resolution bas not been amended or repealed: 'RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of ■ttomcy, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation.^ IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate seal to be hereunto affixed this _177 h day of November , 19.9..4. �;,,• � +, THE AMERICAN INSURANCE COMPANY a By vimtkaJems STATE OF CALIFORNIA in. COUNTY OF MARIN Ott this 17th day of November 19 9 4 , before me personally came M. A. Mallonee to me known, who, being by me duly mom, did depose and say: that he is Vice -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the sell affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. • OFFICIAL NOTARY SEAL A. KRIEGER -s Notary Public—California areas Pbbtk MARIN COUNTY My Comm. Exp. MAR 20.1995 CERTIFICATE STATE OF CALIFORNIA COUNTY OF MARIN )( I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OFATfORNEY remains in full force and bas not been revoked- and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in fora. Signed and sailed at the County of Marin. Dated the 10th day of JanuarV •,aa+..,, rT co•! aesidm Aatifnm 5ecaary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On January 10, 1996 before me, aha M.G. Scholl, notary Public DATE NAME, TITLE OF OFFICER - E.G., *JANE DOE, NOTARY PUBLIC' No. 5907 personally appeared Lisa B. Wofford NAMES) OF SIGNER(S) EN personally known to me - OR 9 proved to Fne en the basis of settisfeetept-evWenee— to be the personX whose namep6 is/afe subscribed to the within instrument and ac- knowledged to me that.hWshe/they executed the same in FWher/thlyl-r authorized capacity(ias), and that by,h+e/her/tom signatureWon the instrument the person(a), or the entity upon behalf of which the person(?)acted, executed the instrument. MARTHA M.G. SCHOLL v WITNESS my hand and offi ial seal. COMM. k 1040294 f NOTARY PUSLICCALIFORNIA no SAN FRANCISCO COLNITY My Comm. Expires NoAmw v. SIGNATURE OF NOTARY Martha M.G. Scholl OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 REEF �I,KL D Bond No. 11133221694 311/�� Premium: Included UniC: ( -°'T11An V7CVIN T ATXnD AAIn 1/6TCDYA1 er�wtn ITIAENT CODE, SECTION 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Taylor Woodrow Homes California Ltd. (hereinafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain ddsignated improvements which said Agreement, dated December 21 1995and identified as Project Area D-1 Tract 13866 (known as San Juan Hills) 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 The Aiverican Insurance Conipany , as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum Of tun h„ndrwd rvAnty five rhousand ninA hundred ei.phty four thousand & 0/100 Dollars ($ 225.984.00 ) 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 sha11 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 1 of 2 SEWER 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 a-iy 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 10th day of January 19 96 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. A P LVED AS FTOFR, RICHARD K. DENHALTi CITY ATTORNE NOTE: Please Attach Acknowledgement and Power of Attorney PRINCIPAL Jeffrey Prostor,yVice President Operation � l TT (NOTARI ON AND SEAL) SURETY e American Insurance Comp y Lisa B. TAbfford, Attorn In -Fact (NOTARIZATION AND SEAL) 2 of 2 'A Area D-1 Tract 13866 (known as "San Juan Hills") GENERAL POWER OF ATTORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the County of Marin, State of California, has made, constituted and appointed, and does by these presents make, constitute and appointALAN SHIRE& AND LISA B. WOFFORD, jointly or severally SAN F�UtNCIWO, A its true and la Attorts s}m• act, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recognisances or other written obligations in the nature thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said AttorricAs}in-Fact may do in the premises. This power of attorneyis granted pursuant to Artide VII, Sa-dons 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VII. Appointment and Authodty of Resident Scudarfes, Attorneysfn•FaeY andAgents to accept Legal Process andMAke Appearances. Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vice-Preddeut or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Mese-President may, from time to time, appotul Resident Assistant Secretaries and Attorneys4sa-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal proem and make appearances for and on behalf of the Corporation. Section 46. Aurbodry. The authority of such Resident Assistant Secretaries, Attorneys -In -Fact and Agents shall be as prescribed in the instrument evidencing tbeirappolatment. Anysuch appointment and all authoritygmated therebymay be rooked st any time by [be Board of Directors or by any person empowered to make such app rtatmeat.^ This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly ealied and held on the 3Ist day of July, 1934, and said Resolution has not been amended or repealed: -'RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate sal to be herevuto affixed this 17th day of November _.j994 ' t.....� f.' . � THE AMERICAN INSURANCE COMPANY By Yea-hatQc,l STATE OF CALIFORNIA COUNTY OF MARIN ss. On this 17th day of November 1994 ,before mepersonally me M. A.Mallonee to me known, who, being by me duly sworn, did depose and say: that he is Vice -President aof THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his time thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein fust above written. 1 ..-..'• OFFICIAL NOTARJ20.1995 A KRIEGE`� c•� -s Notary Public— Co cry Public 61 MARIN COUN My Comm. Exp. MCERTIFICATE STATE OF CALIFORNIA � ss COUNTY OF MARIN I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY,a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OFATTORNEY remains in full force and las not been revoked- and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; act forth in the Power of Attorney, are now in force. Signed and sealed at the County of Marin. Dated the loth day of Janua-v _ -, 19 96 . •r%.,c^ •�a?-' - aaWem Atdmnr seamey CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of California San Francisco On January 10, 1996 before me, Martha M.G. Scholl, Notary Public DATE NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBUC' NO. 5907 personally appeared Lisa B. wofford NAME(S) OF SIGNER(S) 19 personally known to me - OR 9 prev - to be the person ,(,s'J whose namep6 is/afe- subscribed to the within instrument and ac- knowledged to me that,146/she/they executed the same in Wher/therr authorized capacity(iW, and that by,bie/her/therr signatureWon the instrument the person(o, or the entity upon behalf of which the person(p) acted, executed the instrument. _r. MARTHA M.G. SCROL COMM. 8 1040294 L a WITNESS my hand and official seal. I IS �j - s' r NOTARY PUBLIGCALIFORNIA a SAV FRANCISCO COUNTY l('q \111\I �O11 My CDmm. Expires Nov. 4, 1998 SIGNATURE OF NOTARY Martha M.G. Scholl 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 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 CONTRACT BOND — CALIFL ..*4IA RELEASED FAITHFUL PERFORMANCE — PUBLIC WORK Bond No. 11141572625 DATE Initial premium charged for this bond is $ 117.00 subject to adjust- ment upon completion of contract at appli- cable rate on final contract price. 1 KNO ALL MEN BY THESE PRESENTS, that Taylor Woodrow Homes California Ltd. of Laguna Hills, CA as Principal, and the The Almerican Insurance Company a corporation organized and existing under the laws of Nebraska and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto the City of San Juan Capistrano, in the sum of thirteen thousand and 0/100, Dollars ($ 13,000.00 j, 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 December 21, 19 95 with the City of San Juan Capistrano to do and perform the following work, to wit: Subdivision . t*ior Area D-1 Tr "t 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 24th day of January 19 96 APPROVED AS TO FORM: . U ell& City Attorney Taylor Woodrow Homes California Ltd. Principal n �N. ;cv,ael We-V4-)v\:�_ The Ame ' an Insurance Company By 1'62c '%Zcc isa B. wofforcl, Att Mey-in-r'ac NOTE: ,acknowledgements of execution of Principal and Surety must 5e attached. *,MONNTATION BOND GENERAIir* ATTORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the County of Marin, State of California, has made, constituted and appointed, and does by these presents make, constitute and appointALAN SH IREK AND LISA B. WOFFORD, jointly or severally SAN Fi ANCIUO CA its true and law W Atiom s) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recognisances or other written obligations in the nature thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VH. Appointment and Authority of Resident Secretaries, Attorneysdn-Fact and Agents to accept Legaiprocess and Make Appearances. Section 4S. Appointment. The Chairman of the Board of Directors, the President, any Vice -President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice -President may, from time to time, appoint Resident Assistant Secretaries and Altorneys4n4sci to represent and an for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corpondon. Section 46. Authority. The authority of such Resident Assistant Secretaries, Attorneys -In -Fact and Agents shall be as prescribed in the instrument evidencing tbelrappointmeut. Any such appointment and HI authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appolntmen6 This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution bas not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Smrenry of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate seal to be hereunto affixed this 17 t It day of November , 1994 THE AMERICAN INSURANCE COMPANY r• By Vi¢�thmarat STATE OF CALIFORNIA COUNTY OF MARIN ss Onthis 17th dayof November 19 94 ,before mepersonailycame M. A.Mallonee to me known, who, being by me duly sworn, did depose and say: that he is Vice -President of THE AMERICAN INSURANCE COMPANY. the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal afrued to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. OFFICIAL N TAR SEAL A. KRIEGER C -ai Notary Public --Californiaoat Pvbae MARIN COUNTY My Comm. Exp. MAR 20.1995 CERTIFICATE STATE OF CALIFORNIA ss COUNTY OF MARIN L the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY,a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and sealed at the County of Marin. Dated the 24th day of ✓ A 11 960111.TA-2.94 96 19 _. 1. It CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On January 24, 1996 before me, Martha M.G. Scholl, Notary Public DATE NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC' No. 5907 personally appeared Lisa B. Wofford NAME(S) OF SIGNER(S) personally known to me - OR - to be the personko whose nameko is/afe subscribed to the within instrument and ac- knowledged to me thatrhe/she/they executed the same in N+g/her/thi it authorized capacity(ia ,y, and that by _Ws/her/their signatures) on the instrument the personal, or the entity upon behalf of which the A RTHA M.G. SCHOLL personal acted, executed the instrument. COMM. # 1040294 s' r NOTARY PUBLIGCALIFORNIA a SAN FRANCISCO COUNTY My Comm. Expires Nov. 4,1998 WITNESS my hand and official seal. hy AL& SIGNATURE OF NOTARY Martha M.G. Scholl 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 TmE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTIN 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 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 -Canoga Perk CA 91309-7184 Ill $Z AME RIC } STATE OF CALIFORNIA }ss. COUNTY OF } On I'C li0�lJOof I, (Q 9 (o, before me, U, ✓L d0. t-oi . S "i-! L"' - personally appeared N. YA i coat � 0-e v\-" V%J(— _ , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. oow�a i s OMMECOUNIV My comm. fwbvsAPR io, I (This area for official notarial sea?) Title of Document Date of Document No. of Pages Other signatures not acknowledged 3008 (1/94) (General) First American Title Insurance Comoanv SUBDIVISION FAITHFUL PERFORMANCE BOND BOND NO: BE2616369 EXECUTED IN TRIPLICATE (GOVERNMENT CODE . 66499.1) PREMUM: $5,859.00 IS FOR A TERM AREA C-2 TRACT 13436 OF TWO YEAR, J BIF ANNUALLY STREET INPROVENENTS WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and S.J. HILLS, LP _ (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 19 and made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, we, the Principal and GULF INS1[1RANCE COMPANY as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of FOUR HUNDRED EIGHTY EIGHT THOUSAND TWO HUNDRED EIGHTEEN 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, if there be any, to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including 4C reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any Uudgment rendered. 2. Sala 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 5TH day of JUNE )W 2003 , at ONTARIO California. APPROVED AS TO FORM: LJIJ - CITY ATTORNEY Page 2 - Subdivision Performance Bond PRINCIPAL S.J. HILLS, LP (NOTARIZATIO ND SEAL) SURETY GULF A51 (NOTA .Y J ATTORNEY-IN-FACT AND SEAL) TOTAL P.01 CALIFORNIA ALL-PURPOSE ACKN- 'NLEDGEMENT State of California SS. County of San Bernardino On before me,Janet L. Miller, h Name and Personally appeared Kelly A Saitman Names) of Signers) x personally known to me ❑ proved to me on the basis of satisfactory evidence 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(s) Signer's Name: O Individual O Corporate Officer Title O Partner -- O Limited O General x Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: Number of Pages: to be the persons) whose name(g is/qrt subscribed to the within instrument and acknowledged to me that b6/she/they executed the same in bid/her/tl erir authorized capacityo!e ), JANET L. MILLER and that by hid/her/their signatureW on the instrument the Commimon # 1311028 Notary Public - CalworNo 4MY personA, or the entity upon behalf of which the personX Son Bernardino County Comm. Expires Jul 20, acted, executed the instrument. 2005 WITNESS my hand and official seal. ignature of I 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(ies) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer Title O Partner -- O Limited O General x Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: Number of Pages: 4 4 e } STA7L- OF C2 LIFORNIA }ss. COIJNTY OF —mange--- - --- --------------} On 06-12-2003 before me, _ Gwen A. Elliott, Notary_Publc personally appeared Nelson Chung___ personally known to me (or proved to me on the basis of satisfactory evidence) to be the personX whose names} is!ar- subscribed to the within instrument and acknowledged to me that heisP'6/tyy executed the same m his/14r/t1,6r authorized capacity). and that by his/he(rithKir signature(4 on the ;nstrument the person( or the entity upon behalf of which the person acted; executed the instrument. WITNESS my Signature Title of Document Date of Document and official seal. r GWEN A. ELLIOTT_, (}-:a-r;,• COMM //12695,90 0 NO IAIIY ('Uhl IC CAI II OHNIA ("� (HIAU(il (MutJlV " My Cunu;i IxpL��r, July 4. 2004 11 Other signatures not acknowledged (This area for oPomal notanal seal) No. of Pages 3008 n194) (General) First American Tile Insurance Company EY,ECU cD IIS TRIPLICATE Bond No. BE2616369 PREMILM INCLUDED IN PERFORMANCE BOND STREET IMPROVEMENTS SUBD[MION LABOR AND MATERIAL BOND (GOVERNMENT CODE, SECTION 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and S.J. HILLS, LP (hereinafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements which said Agreement, dated 19 _r and identified as Project AREA C-2 TRACT 13436 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 GULF INSURANCE COMPANY as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of FOUR HUNDRED EIGHTY EIGHT THOUSAND M HUNDRED EIGHTEEN AND N01100** Dollars ($488,218.00** ) 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 -to change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specificationsaccompanying the same shall in any wise affect its obligatio-is 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 JUNE, 2DO3 , W(_, 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. A P QVED AS TO FOR i UdHARb K. DENHALTER, CITY ATTORME NOTE., Please Attach Acknowledgement and Power of Attorney 2 of 2 PRINCIPAL S.J. HILLS, LP (NOTARIZATION D SEAL) SURET KELLY A.Ir ATTORNEY-IN-FACT ZA (NOTARIION AND SEAL) STATTE OF CALIFORNIA. r10UNTY OF Orange --.--__—_-- On_ 06-12-2003 before me, _ Gwen A. Elliott, Notary_,public personally appeared __— Nelson _perso_nally known to me n,r proved to me. on the basis of satisfactory evidence) to be the pe;sonV,) whose name(a) is ara su!"scribed to the within instrument and acknowledged to me that he; ,'shgfth*�executed the same 0 his/hi2�/thq,6authorized capacity(, and that by his/h);. rUtht5ir signature(e;I on the instrument th:: personx) or the entity upon behalf of which the personA acted, executed the instrument. VVIT NESS my hand and official seal. Signature Title of Document Date of Document Other signatures not acknowledged This area fol 0,c a' notarial seal? No. of Pages 3008 (1 94) IGeneran Flys; American Title Insurance Company GW. ELLIOTT � !/1289520 NOIC-CAIIf ONNIA GOUN IV MY ;rncr July 1, 2004 Title of Document Date of Document Other signatures not acknowledged This area fol 0,c a' notarial seal? No. of Pages 3008 (1 94) IGeneran Flys; American Title Insurance Company CALIFORNIA ALL-PURPOSE ACK!"WLEDGEMENT State of California SS. County of San Bernardino On before me,Janet L Miller Notary Public Name and Title of Officer (e.g., "Jane Personally appeared Kelly A Saitman Name(s) of Signer(s) x personally known to me O proved to me on the basis of satisfactory evidence to be the persons) whose name(gis/qr2 subscribed to the within instrument and acknowledged to me that (tOshe/tbey executed the same in ¢i�/her/t�ir authorized capacityos'), and that by "/her/thelr signature(8) on the instrument the AWT L. MIttFR personls), or the entity upon behalf of which the personX Commisypn R 131 )Me acted, executed the instrument. Nofary RibNc • CoNornlo Son Bernordlno County 'Y Co mm. County WITNESS my hand and official seal. Signature 6f 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(les) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer O Partner -- O Limited x Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: M General Number of Pages: GULF INSURANCE COMPANY m4w ST. LOUIS, MISSOURI POWER O F ATTO RDIEY K.NCWN ALL MEN BY THESE PRESENTS: The, the Gulr Imu,-.nee Comyny, . dor oorauon duly organu.d under use uvn ar the Sure or Mmouri. h,hth,, is principal M. in ase sty or Irinl,. T c, punuanss to the fouowing resolution, adopted by the Finance & E.ec,u,e Committee, or use Basi or Dlrec,on, or ux surd Company on the loth day of Augtet 1993. to wh: 'RESOLVED, that the President, E.ecume Vine President Or any Senior Vine Pradent or the Comv.any dull ha -d the .uu,ori, to nuke, deaeo a and deg. a Polder .(A,,.,,, consutuune u Atsorrsey-In-Faa-.,uch persons, firms, or corpor aucme as may be selected from ume to ume: ud any users Attorney -in -Fact mry be, re -due -d and the authordy gnamed him re,.aked by the Preslder, or any E.ecieuttueVicae, Preldenr. or any Senior Vice president, or b/ the Board of Directors or by the Finance end E.ecuu ,e Construct. of d e Bow of Dt.. RESOLVED. that nothing in this Power or Attorney shall be catsstrued see grant or .udFwrny to Na to sign. eaecarta adi hew4dge. deli. or otherwise, issue a policy ar policies of inaurence on isc it of Galt Insurance Camp.r,y.' Cuff Insurance Campany d. hereby make, consutute arid appoint KELLY A. SAITMAN of Ontario, in the State of California JAY P. FREEMAN lis rueand lawful attorney(l)-In-a 1, witn ruray ll vover and ..,,Dhereby mnrerma its --d, el.a and stead. to riga. exce u. c. a,Mnu,rlcdbe and di,h, — is ossa a, i.lil and all bonds aid .nden.km,1 of suretyship, and to bind Gulf Insurance Company merely as 6JIy and to ase vme c.test as d o ), bonds. undcnak„qn a•,a doc.menu tela,-, to such bonds and/or undertaking, —t,dsigned by Jae d.ly a.moraed Dame+ or he Cws Int.nanee Comvany and .d me a.., or said arte. ;<idtl-r,c,. pursuant to the authority herein gi,.en, are hereby ratlned and confirmed. The obng.uon or the Company,hall not e.ceed five million --------=---------------------(g5, 000, 000.00----� IN WITNESS WHEREOF the Cuff Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto afrzed. YspaenpEC GULF INSURANCE COMPANY ca u � J sEAi) STATE OF NEWYORK SS ¢soap Lawrcncc P. Minitcr COUNTY OF NEWYORK I ExccutiocVicc President On this 25th day of July 2000 A.D., before me came Lawrence P. Minitcr, known co me personally who bcln, by me duly sworn, did depose and say; that he resides in the County of Bergen. State of New Jersey; that he Is the Executive Vice President of the Gulf Insurance Company, the corporation described In and which executed (be above instrument; that he knows the seal of said corporation: (hat Uta seal affixed to the said instruments is such corporate seal; (hat it was so aflhted by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. y Da Ja fa l Notary Public, State of Now York STATE OF NEW YORK y SS FG'p No.021A495BG34 COUNTY OF NEWYORK J FNS Qualified in Kings County Cot.... cion Expires Dccc sibcr 30.200, 1. the undersigned, Senior Vice President of the Gulf Insurance Company, a Missouri Corporation, DO HEREBY CZIMF Y that the fo rcyulug and attached POWER 01' ATTORNEY remains in full force. Signed and Scaled at the City of New York, suns"ere Dated the 5TH ,t � QpPOFrn eG SEAL ��SS OaP d.,), or JUNE • za 03 to l'U f�Q QIIn C(l rat Srllior Vice PrCsidC31( L 41 MEMORANDUM TO: Dawn Schanderl, Deputy City Clerk FROM: Sam Shoucair, Senior Engineer June 17, 2003 SUBJECT: Tract 13436, Pacific Community Builders - Bond submittal. (Substitution of Bonds from Taylor Woodrow Homes) In connection with the development of the subject tract, please find attached, for yourfiles, the original sets (in duplicates) of the improvement bonds, including Water, that were submitted by Pacific Communities Builders which replace the ones we currently have from Taylor Woodrow. The Taylor Woodrow bonds that were replaced may now be released. Attachments cc Craig Harris C:\MyFiles\Memos-Conditions\Bond matters with City Clerk\Tr 13436 Area C2.wpd 4 N W 0 O v i O 6 O N O O U L NN i Bj56� 0� 3 U c -Q C) $ W v o C N m c >U v_ W > N ao m Zi W cQ °° o v Q c 43 C) o LO p T CA U� 95 , I- W o m 4) <' o 0 N DQ " E 3 a)o Up rnmorn Qomv`c o o W N N Q O O O O LO d'V3, Jr- E 624 I --C) Z o v O o LO D rnrn a o N"o 0 TCD a v N T W V N L Q V t n � N � U � co E s a '� ro CL E E E `mE o 4) c t co U U � ,t m V m '� d d t1 m C O E d U Mr ,-. p W I-mco N dao t Vic) 7 d arc Co ,? N N mT�c O 0 a c �? N eco c LL C co.N.. C T LL c !A� M 0 fD w V C5 r .2 M 2 rn N R V Op ca r -V T O N 12 O .-d Z v~ted lD m V ~m p Z N NE M MQ N C 7 E ^=per Q N 0 E NMC9 r C E ^'OQ to =Q W T F T V Ui V T LL Fv T v I\ SID, /. ICL w N N d O m p V% p p� C,) oa = �w 3p w_d 3m 3� 3. w 0- Q N ;9M UJ -0� E E J O J4, O l0Q m;c �1R O j E O ?co co !� O 3: E i : o ocp t o— W pF`. _� mM .mac Fit- z°mF Hv my r`°� i E! CI i Bj56� 0� 3 Qmv�U 14 ❑ W Q W ^ tv W � ❑ W E U Q W Zcli �, O 9f O OV M h fV tp 1[7 O O Cl! o t- N o) m rz Q m M `o 0 p T o =' >1 CL E a; C C mp N c p 0 U E v �w .E u�❑ ``° pU t;E 2 (D W v QQQQiiii U ani a 0 y 5 •� C ,U,t U O C V C m> d 0202 LU �I ami EnZ ai L.8IL n c d m � ati a :o��a U) c a cN LL -'4 JI :LL-jui J C a O O _j 0CD N M. O OOy EW NC) t - r - N CO C-4 0(00) N O M M V N 2 CD CD r p CO r- p V v m 0 v v �L 3 •p dm LL Z Ot C1 to (0 _(O CDO CD CD ao .. Z .- . m .-K co °p M TT E cmc umi E (.�- C t C�- InNCV NNN NNNN N O V d 't It V C V O m M Z mCMO PM7 M M M COM coQ ��«L m O O =O OO�w cnr �'ug �n i'aE 0) c 5010 CO a. co m a a CL o � C m D N fD a O n p mo � N W a 'n (] D M o o2 �� m -j W" 2> E mo �`T > N o d v N a 00m ❑ ~ OT 2 N Cj p N Gr a F LL 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949)493-1053 (FAX) lvlviv. sanjuancapistrano. org July 3, 2003 Ms. Marie Hertrick Taylor Woodrow Homes of California Ltd. 15 Cushing Irvine, California 92618 Re: Release of Bonds - Tract 13436 Dear Ms. Hertrick: MEMBERS OF THE CITY COUNCIL DUWELSATHGATE JOHN S. GELFF WYATTHART JOE SOTO DAM M. SWERDLIN CITYMANAGER GEORGE SCARBOROUGH The following bonds referencing Tract 13436 are hereby released effective June 17, 2003: If you have any questions, please give me a call at (949) 443-6310. Sincerely yours, Dawn Schanded Deputy City Clerk cc: Sam Shoucair Craig Harris g1UG VSE IS AL -BMJ San Juan Capistrano: Preserving the Past to Enhance the Future 11133221819 $ 11,000 11133221637 488,218 11133221637 488,218 11133221645 221,722 11133221645 221,722 11133221652 167,500 11133221652 167,500 11133221660 287,628 11133221660 287,628 Water Facilities Bond 11133221678 426,000 Performance Bond (Grading/On-site 11127274121 25,000 Drainage Improvements/Slope Landscaping) If you have any questions, please give me a call at (949) 443-6310. Sincerely yours, Dawn Schanded Deputy City Clerk cc: Sam Shoucair Craig Harris g1UG VSE IS AL -BMJ San Juan Capistrano: Preserving the Past to Enhance the Future MEMORANDUM June 17, 2003 TO: Dawn Schanderl, Deputy City Clerk FROM: Sam Shoucair, Senior Engineer -;W� SUBJECT: Tract 13436, Pacific Community Builders - Bond submittal. (Substitution of Bonds from Taylor Woodrow Homes) In connection with the development of the subject tract, please find attached, for your files, the original sets (in duplicates) of the improvement bonds, including Water, that were submitted by Pacific Communities Builders which replace the ones we currently have from Taylor Woodrow. The Taylor Woodrow bonds that were replaced may now be released. Attachments cc Craig Harris C.\MyFiles\Memos-Conditions\Bond matters with City Clerk\Tr 13436 Area C2.wpd or 00 / \ ca M �03 \ 0 o f d) < § m > LU ° \ Zi LU / \ ƒ \ )\§ -0 © § k 2 §\0 §� R - 7o/#f CD )� j//)k § Lo k \ I co o ^ « - - ( « / / ) cc « c cc § § f§ 0 u £ ) 0 ][ , o a§ G S u �@u \/� 2� § } § �� LU § �]C U)w ƒ \\\ LL c o C0) [/§ 2 � §)2 co rk\ §7\ z 04 C") S Cl). 0 (9 U) M.5 e � {�� ILL . / 2 » §r k k \k + Em )§ =n §-o ='§ $E !c 2 � ))/ ]�§ 2# 00 0 \} \f R /■2 /\ /� /f _> &.�£/ ;■, ak 97 b« LU "aG& ]U/ /§ F- . 00 / 0 W Q W ^y Lu W E Ua W ZN N N O O � V ri ^ LO M ti N p C Q N M co Q co Cl) w 0 c ` c g c O N U O T w� E y N m c c3 o oc U 0 = Ea mc�E c nE E w E 3 E 4 c U L o U o c N c °> m Q p U r W.2 y _� c Q N N S 4 NU)'O y N= w N � =1 �+ N CL CL ca LL�ILL Ja�LLJ W (0 w c t`�U)toN to(00((00, U r- 0 v 00 (p y vv Z 3 D 4 Z p z MMaa��vN (O (0 (O co (0 (o (O CO 0 'C LL' m d' (r1 °D N N d N - � O cOE D .. . . r<d NNNNNNNNN E N O v M yt� — E`=c ��{� U C V U Y Z N N N N N N N N N M M (O (O M M M M M a M(7mmm N m O v 0 �, > O O> r m CO p mmom N =0 ci(ci�6.15-nE �U� m T� r r.-.-•-�� F r' r' O g4 U)m� co LL a � `o_ d vo (o (o an o Q N C E C E y O Ex O p c W�m M IL 0m IT 0 p O a y Y ' O > cvo oa E C Eo CN aico o) 0� �� tip �a Ea GENERAL c f wiroORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the County of Marin, State of California, has made, constituted and appointed, and does by these presents make, constitute and appointALAN S H I R EK AND LISA B. WOFFORD, jointly or severally SAN FRANCISCO CA its true and lawful Attortrey(s).in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, rtcognizances or other written obligations in the nature thereof _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Face may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VII. Appointment and Authority of Resident Secretaries, Attorneys-ia-Fact and Agents to accept Legal Proms and Make Appearances. Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vice -President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice -President may, from time to time, appoint Resident Assistant Secretaries and Attorneys -in -Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 46. Authority. The authority of such Resident Assistant Secretaries, Attorneys -in -Fact and Agents shall be as prescribed in the instrument evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment." This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation:' IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate seal to be hereunto affixed this 17 t' h day of November ,1994 THE AMERICAN INSURANCE COMPANY By Vim-Presidcm STATE OF CALIFORNIA COUNTY OF MARIN ss. On this 17th day of November 19 94 ,before mepersonally came M. A.Mallonee to me known, who, being by me duly sworn, did depose and say: that he is Vice -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affued by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. 1 OFFICIAL NOTARY SEAL O / A. KRIEGER vZ/ -e Notary Public— California •eery wbtm - MARIN COUNTY My Comm. Exp. MAR 20,1995 CERTIFICATE STATE OF CALIFORNIA COUNTY OF MARIN ss. I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY.a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set fonh in the Power of Attorney, are now in force. Signed and sealed at the County of Marin. Dated the 24th day of January 19 96 Raid,w Auismr 5�nry 360711 -TA -2.94 N CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On January 24, 1996 before me, Martha M.G. Scholl, Notary Public DATE NAME, TITLE OF OFFICER. E.G.,'JANE DOE, NOTARY PUBLIC' personally appeared Lisa B. Wofford NAME(S) OF SIGNER(S) E personally known to me - OR - No. 5907 to be the persol�whose nameW is/are subscribed to the within instrument and ac- knowledged to me that_he/she%they executed the same in hiVher/their authorized capacity(W, and that by,-hs/her/their signature(e) on the instrument the personW, or the entity upon behalf of which the personol acted, executed the instrument. MARTHA M.G COMM. # 1040294 WITNESS my hand andicial seal. F l NO I* PLISLICGCALIFORNIA o .' SAN FRANCISCO COUNTY (i�1f�\f ' , �`^•.•^. �� My COMM. Gores NOV. 4 ,198 SIGNATURE OF NOTARY Martha M.G. Scholl 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 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 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 4 1�-$� AMERIC' .11 } STATE OF CALIFORNIA/ Q f }ss. COUNTY OF On �t\oy%Aaf,beefore me, Lmda t-"\ personally appeared • V'\ ` ` i C- 1A � � �� -( A- 1 V\� , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Title of Document Date of Document Other signatures not acknowledged I1r1011 AllMIH g OOAM i lop= i �r �ORIIMCECdIMV pdAe-COWOMMt M►Comm.IF I AM=)99i (This area for official notarial seal) No. of Pages 3008 (1/94) (General) First American Title Insurance Comoanv S* SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE . 66499.0 6i__ Bond No.: 11133221637 Preeriium: $4,394.00 WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Taylor Woodrow Homes California Ltd - (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 December 21 . 1995 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 The American Insurance many . as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of Four hundred eighty eight thousand two hundred eighteen & 0/100 Dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Area C-2 Tract 13436 (known as "San Juan Hills") PRIVATE STREETS ' � w 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 Lt 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 10th 1996 , at San Francisco APPROVED AS TO FORM: CITY ATTORNEY Page 2 - Subdivision Performance Bond day of January California. PRINCIPAL JeffreyPr, tor, JV' �P,sident, Operations Taylor WoAzowlhomes California Ltd. (NOTARIZATION AND SEAL) SURETY a Awenerican Insurance CaWny Lisa B. Wo£ford, Attorrfey-in-Fact (NOTARIZATION AND SEAL) #11133221637 Area C-2 Tract 13436 (known as "San Juan HIlls") PRIVATE STREETS /GENERAE POWER OF ATTORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the County of Marin, State of California. has made, constituted and appointed, and does by these presents make, constitute and appo"ALAN S H I REK AND LISA B. WOFFORD, jointly or severally SAN FRANCISCCO CA its true and lawful Attorneys) -m -Fact, with full power and authority herebyconferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recognisances or other written obligations in the nature thereof and to bind the Corporation thereby as; fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Artide VD. Appointment and Autbority of Resident Sc mtzdes, Attorneys -fa -Fact and Agents to accept Legal Process and Mike Appearances. Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vice -President or any other person authorized by the Board of Directon, the Chairman of the Board of Directors, the President or any VIm-President may, from time to time, appoint Resident Assistant Secretaries and Attorneysdn-Fact to npresent and art for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 46. Authority. The authority of such Resident Assistant Secretaries, Attorneys -in -Fad and Agents shall be as prescribed In the instrument evidencing their appointment. Any such appointment and all authority &muted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such sppolatmeut:' This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vxe-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this ma Corporation y be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation:' IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY bas caused these presents to be signed by its Vice -President, and its corporate seat to be hereunto affixed this 17th day of November '1994 . THE AMERICAN INSURANCE COMPANY By Via•Readcnt STATE OF CALIFORNIA as. COUNTY OF MARIN Oil this 17th day of November '19_94 ,before mepersonally came M. A.Mallonee to me known, who, being by me duly sworn, did depose and say: that he is Vice -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument, that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. OFFICIAL NOTARY SEAL A. KRIEGER -s Notarypublk—Califomia MAAIN COUNTY My Comm. Exp. MAR 20,1995 STATE OF CALIFORNIA COUNTY OF MARIN CERTIFICATE 4 AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that emains in full force and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the Board of Directors; act forth in the Power of Attorney, are now in force. Signed and sealed at the County of Maria. Dated the 10th day of JantlarV '19 96 . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of California San Francisco On January 10, 1996 before me, Atha M.G. Scholl, Notary Public DATE NAME, TITLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC' No. 5907 personally appeared Lisa B. Wofford NAME(S) OF SIGNER(S) ' personally known to me - OR - preyed to ....e-e.w#.e bass of seas`ftkd-., � to be the person,W whose namezf is/afe subscribed to the within instrument and ac- knowledged to me that,146/she/they executed the same in I}r's/her/t heli authorized capacity(iW, and that by_We/her/t);�r signature',,--ron the instrument the personal, or the entity upon behalf of which the person( acted, executed the instrument. MARTHA M.G. SCHOLL L COMM. # 1040294 as`N r NOTARYFUBLIC-CALIFORNIA o WITNESS m hand and offici I seal. SAN FRANCISCO COUNTYy y My comm. Expires NOV. 4, 1998 SIGNATURE OF NOTARY Martha M.G. Scholl 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 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 .. RELEASED . DATE WIALSA 3ond No.: 11133221637 Bond No. 11133221637 :• 6 (GOVERNMENT CODE, SECTION 66499.2) Premium: Included WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Tavlor Woodrow Homes California Ltd. (hereinafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements which said Agreement, dated December 21 . 1995 and identified as Project Area C-2 Tract 13436, (known as San Juan Hills) 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 The American Insurance Cly , as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum Of four h„narorl P;gbtyeiight thousand two hundred eighteen and 0/100 Dollars ($ 488,218.00 ) 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 1 of 2 PRIVATE STREETS 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 obligation$ 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 10th day of January , 19 96 , 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. A P OVED AS TO FPR, Aj- RICHARD K. DENHALTER, CITY ATTORLIE NOTE: Please Attach Acknowledgement and Power of Attorney PRINCIPAL Jeffrey ostor, ick President Operations M' (NOTARIZATION AND SEAL) SUR;is TY e American Insurance Company c sof � B. Wofford, Atto y -in -Fact (NOTARIZATION AND SEAL) 2 of 2 Area C-2 Tract 13436 (known as "San Juan PRIVATE STREETS Hills") ' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of California San Francisco On January 10, 1996 before me, Martha M.G. Scholl, Notary Public DATE NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC' No. 5907 personally appeared Lisa B. Wofford NAME(S) OF SIGNER(3) personally known to me - OR to be the personjzwhose namep6 is/afe subscribed to the within instrument and ac- knowledged to me that W/she/they executed the same in tWher/t4ei-r authorized capacity(ias`), and that by _bis/her/t):wrr signatureKon the instrument the persona), or the entity upon behalf of which the person(p)acted, executed the instrument. WITNESS my hand and official seal. r MARTNA M.G. SCHOLL COMM. ff 1040294 a a a' F NOTARY PUBLIC040294 no SAN FRANCISCO COUNTY My Com. Expires Nov. 4, 1998 ' SIGNATURE OF NOTARY Martha M.G. Scholl 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 TmE($) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUISTEE(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 01993 NATIONAL NOTARY ASSOCIATION -8236 Remmet Ave., P.O. Box 7184 -Canoga Park CA 91309-7184 r GEMkIL 11POWER OF ATMRNEY THE AMERICAN INSURANCE COMPANY IkINOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the County of Marin, State of California, has made, constituted and appointed, and does by these presents make, constitute and appointALAN S H I REK AND LISA B. WOFFORD, jointly or severally SAN FRANCISCO CA its tmeand lawfulAttorney(s}in-Fact, with full power and authoritybaeby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recoguirances or other written obligations in the nature thereof _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation Bud duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VII. Appointment and Authority of Resident Secretaries, Attorneys-fi -Fact and Agents to sempt Legal Process and Make Appearances. Section 45. Appolatment. The Chairman of the Board of Directors, the President, any Vice -President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice -President may, from time to time, appoint Resident Assistant Secretaries and Attorneysdn-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Seedon 46. Authority. The authority of such Resident Assistant Secretaries, Attorneys -in -Fact and Agents sba0 be as prescribed in the instrument evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to This power of attorney is signed Bad sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of Bay Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, Bud any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation" IN WITNESS WHEREOF THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate seal to be hereunto affixed this 17th day of November , 1924_. �"t •"'x *'•• THE AMERICAN INSURANCE COMPANY ^.- By via-thtaidmt STATE OF CALIFORNIA ss COUNTY OF MARIN Ones 17th dayof November ig _9 4 ,before mepersonally came M. A.Mallonee to me known, who, being by me duly sworn, did depose and say; that he is Vitt -President of THE AMERICAN INSURANCE COMPANY, the Corporation desctibed in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his time thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand Bud affixed my official seal, the day and year herein first above written. OFFICIAL NOTARY SEAL fIEGER-ai Notary:—CaBtomlai .MACOUNTYMyCom. MAR 20.1995 CERTIFICATE STATE OF CALIFORNIA t W. COUNTY OF MARIN 1, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attomc% are now in force. Signed and sealed at the County of Marin, Dated the 20th day of January .19 96 . RELEASED Bond No. 11133221645 Pranimn. Included (GOVERNLIENT CODE, SECTION 66499.2) INM*f— WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Taylor Woodrow Homes California Ltd. (hereinafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements which said Agreement, dated December 21 . 1995 and identified as Project Area C-2 Tract 13436, (known as San Juan Hills) 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 The American Insurance any as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum Of two hundred twenty one thousand seven hundrAd twpnty two & 01100 Dollars ($ 221.722.00 )lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that, if the above bound Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees 1 of 2 SEWER 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 10th day of January 19_96_, 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 Jeffr Prosto VLI President Operations PpibVED AS TO FPR9 (NOTARIZATION AND SEAL) K. DENHALTER, CITY NOTE: Please Attach Acknowledgement and Power of Attorney SURE Y e American Insur'anceY Lisa B. Wo�ffordrdd, A(ttttoAey-fir--Fact (NOTARIZATION AND SEAL) 2 of 2 SEWER Area C-2 Tract 13436 (known as "San Juan Hills") t r A., _ , CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Franc�sc° On January 10, 1996 before me, Martha M.G. Scholl, Notary Public DATE NAME, TITLE OF OFFICER - E.G., *JANE DOE, NOTARY PUBLIC' No. 5907 personally appeared Lisa B. Fkofford NAME(S) OF SIGNER(S) , personally known to me - OR - pfeved :o pne a bas's of sift ae -= v. �.. to be the person whose name(gf is/afe subscribed to the within instrument and ac- knowledged to me that.k>f,*/she/they executed the same in Fb.Wher/thiurr authorized capacity(io,g), and that by-bia/her/tAolf signatureKon the instrument the person(s), or the entity upon behalf of which the person(?) acted, executed the instrument. MARTHA M.G. SCHOLL COMM. # 1040290 WITNESS m hand and officiUlseal. d NGTARYPU8L11040294 YSlLN FWINCISCO COUNTY1( My Comm. Expires Nov. 4, :998 SIGNATURE OF NOTARY - Martha M.G. Scholl 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 TRLE(s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ 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 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 GENERAL POWEROF ATfORNEY THE AMERICAN INSURANCE COMPANY i KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomestiated to the State of Nebraska on June 1, 1990, and having its principal office In the County of Marin, State of California, his made, constituted and appointed, and does by these presents make, constitute and appointALAN S HI REK AND LISA B. WOFFORD, jointly or severally SAN FJ&,NCISC0 its true and V Attorn s}in- act, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any Sod all bonds, undertaking, recogniunces or other written obligations in the nature thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is Steamed pursuant to Article VJI, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VII. Appointment and Authority of Resident Secretaries, Atroraeys4ar-Fact and Agents to accept Legal Process Sod Make Appenrances. Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vice -President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice -President may, from time to time, appoint Resident Assistant Secretaries Sod Attorneys -la -Fact to represent and act for Sod on behalf of the Corporation and Agents to accept legal process and mike appearances for and on behalf of the Corporation. Section 46. Authority. The authority of such Resident Assistant Secretarial Attomeys4u-Fact and Agents shall be as prescribed In the instrument evidencing tbetrappolutment. Any such appointment Sad aB authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment.^ This Power of attoraey is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called Sod held on the 31st day of July, 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vire-president, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice -President, Sod its corporate seal to be hereunto affixed this _.17th day of November , 199 4_. THE AMERICAN INSURANCE COMPANY ,i By via-Preddrat STATE OF CALIFORNIA COUNTY OF MARIN as. Ou this 17th day of November ly -!-4, before me personally came M. A. Mallonee to me known, who, being by me duly sworn, did depose and say: that he is Vim -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand Sod affixed my official seal, the day Sod year herein first above written. OFFICIAL NOTARY SEAL , A KRIEGER -ai Notarypublic— California o„rwem . MARIN COUNTY My Comm. Exp. MAR 20,1995 CERTIFICATE STATE OF CALIFORNIA COUNTYOFMARIN I as. I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in forte. Signed and sealed at the County of Maria. Dated the 10th day of January 19 96 . • �Mm�y. S tt�� Or`I• �i r amdmt A.,4. atCQary 16n711.TA.2.94 1. f It I SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE . 66499.1) � Bond No.: 11133221645 Premum: $1,996.00 WHEREAS, the City Council of the City of San Juan Capistrano, State 3f California, and Tavlo (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 December 21 1995 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 The American insurance Company as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of two hundred twenty one thousand seven hundred_twenty two 6 0/100 _ 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, is there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: i. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. RELEASED r • / ,`6.I.. _1/ �� _d./ / •�� • Area C-2 Tract 13436 (known as "San Juan Hills") SEWER f 14 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 10th day of January 19 96at San Francisco . California. APPROVED AS TO FORM: CITY ATTORNEY Page 2 - Subdivision Performance Bond PRINCIPAL Jeffrey rostor, resident, Opere J Taylor row Homes California Ltd. (NOTARIZATION AND SEAL) SU;s4a American Insurance Canpany G/� — Factt offorci, Attorn in -Fact (NOTARIZATION AND SEAL) #11133221645 Area C-2 Tract 13436 (known as San Juan Hills") SEWER it CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On January 10, 1996 before me, Martha M.G. Scholl, Notary Public DATE NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC' No. 5907 personally appeared Lisa S. Wofford NAME(S)OFSIGNER(S) , personally known to me - OR ed to .,,_ en bas'sof 'c'ene to be the persons' whose name�61 is/af=e subscribed to the within instrument and ac- knowledged to me thatJicr/she/they executed the same in t>Wher/tlaretr authorized capacity(!W, and that by,h+s/her/t,4eiF signature(Won the instrument the personal, or the entity upon behalf of which the person(?) acted, executed the instrument. MARTHA M.G. SCHOLL WITNESS my hand and official seal. COMM. # 1040294 9 a ,@ - . NOTARY "LICCALIFORMA (►�\ All! `n, SAN FRANCISCO C. 4. I - \ ► �1q n f 1 ' J 'r MY Caton. Expires Nov. 4, :998 "1-_ Jllltlnnn Vuul,,,een--.lyyh�� SIGNATURE OF NOTARY -- Martha M.G. Scholl 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) ❑ LIMrFED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER:__ SIGNER IS REPRESENTIN NAME OF PERSON(Si OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave.. P.O. Box 7184 • Canoga Park, CA 91309-7184 r . GENERAL PWERF AMRRNOEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, I846, and redomesticated to the State of Nebraska on June 1, 199D, and having its principal office in The County of Marin, State of California, has made, constituted and appointed, and does by these presents make, constitute and appo"ALAN S H I REK AND LISA B. WOFFORD, joihtly or severally SAN FR&pNCISU�O A its trueand lawfuTAttoraey(s}in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, sal, acknowledge and deliver any and all bonds, undertaking, recognisances or other written obligations in the nature thereof _ and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, seated with the corporate seal of the Corporation and duty attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 or By -taws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "ArtlekVD.AppofntmeatendAuthodryofResfdentsecmtari Artarogsdu-FaerandAgearstoatcep(Liya7 rrotrssandMaYrAppes------- --- Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vice -President or fay other person authorized by the Board of Directors, the Chabman of the Board of Directors, the President or any Vim -President may, from time to time, appoint Resident Assistant Secretaries and Attorneys -In -Flet to represent sod set for and on behalf of the Corporation and Agents to accept legal process and make appearance$ for and on behalf of the Corporation. Section 46. Authadrl. The authority of such Resident Assistant Secretaries, Attomeysdu-Fact and Agents shall be as prescribed in the instrument evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make sack appointment? This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July. 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of nay Vice -President, Assistant Secretary,tan and Resident Assist Secretary of this Corporation, and the seal of this Corporation maybe affixed or printed on any power of attorney, on any revocation of any power of attorney, or Oct nay certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." - IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate seal to be hereunto affixed this 17tbday of November 1994 THE AMERICAN INSURANCE COMPANY Y vta Retldem STATE OF CALIFORNIA COUNTY OF MARIN rs. on this 17 t h day of November 19 9 before me personally came M. A. Mallonee to me known, wbo, being by me duly sworn, did depose—and say: that be is Via -President of THE AMERICAN INSURANCE COMPANY, the Corporation dc=''bed in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his time thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seat, the day and year herein fust above written. OFFICIAL NOTARY SEAL , A KRIEGER Notary pudic— California 'aur Public MARIN COUNTY My' Comm. Exp. MAR 20.1995 CERTIFICATE STATE OF CALIFORNIA COUNTY OF MARIN I ss. I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY. a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OFATTORNEY remains in full force and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation• and the Resolution of the Board of Directors; set forth in the Power of Attorney are now in force. Signed and sealed at the County of Marin. Dated the loth day of January , 19 96 . ".�rT•^Can 46M11.TA_7.Od 0 W10 P RELEASED Bond No. 11133221652 Prendums Included DATE �SUBDIVISION LABOR AND MATERIAL BOND INITIA (GOVERNMENT CODE, SECTION 66499.2) 0� ' WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Taylor Woodrow Homes California Ltd. (hereinafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements which said Agreement, dated December 21 1995 and identified as Project Area C-2 Tract 13436, (known as San Juan Hills) 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 The American Insurance CcnpanY , as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum Of nme hundred sixty seven thousand five hundred & 0/100 Dollars ($ 167-500-00 ) 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 1 of 2 PUBLIC STREETS 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 10th day of January 19_96_j the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. NOTE: Please Attach Acknowledgement and Power of Attorney PRINjp,.,,' Jeostor Pres t Operations A-0- cal1ferflia Ltd. (NOTARIZATION AND SEAL) SURET American IG ance CcffpanY Lisa B. Wofford, A o _-in-Fact (NOTARIZATION AND SEAL) 2 of 2 PUBLIC STREETS Area C-2 Tract 13436 (known as "San Juan Hills") GFAERAV -POWER OF 'ATTORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey an February 20, 1846, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the County of Maria, State of California, has made, constituted and appointed, and does by these presents make, constitute and appointALAN S H I REK AND LISA B. WOFFORD, jointly or severally its truueand IawfuYAttomey(3):Im Pett, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deli ver any and an bonds. undertaking. recognizatim or other written obligations in the nature thereof --- — — — — — — — — — — — — — — -- ------------- and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and tonfuming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full fora and effect. "Article VII. Appointment and Authority of Resident Secretaries, Attorneys -fa -Fact sad Agents to accept Lege! Process sad Make Appearances. Section 45. Appolatment. The Chairman of the Board of Directors, the President, any Vla-President or any other person authorized by the Board of Directors, the Cl afrnua of the Board of Directors, the President or any Vice -President may, from time to time, appoint Resident Assistant Secretaries and Attorugs-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal proem and make appearances for and on behalf of the Corporation. Section 46. Authority. The authority of such Resident Assistant Secretaries, Attorneys -in -Fact and Agents shall be as prescribed In the instrument evidencing theirappoiotmeaL Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointmeoW This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly abed and held on the 31st day of July, 1984, and said Resolution his not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any ecrtificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPA74Y hu caused these presents to be signed by its Vice -President, and its corporate seal to be hereunto affixed this .l7t-b day of November , 199 _• s .fti' THE AMERICAN INSURANCE COMPANY r•tl s By Yi¢•Rm4c¢ STATE OF CALIFORNIA COUNTY OF MARIN as. On this 17th day of November 1994 a before me personally M. A.Mallonee to me known, who, being by me duly sworn, did depose and say: that he is Via -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above Instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF,1 have baeunto set my hand and affixed my official seal, the day and year herein fust above written. OFFICIAL NOTARY SEAL ' A. KRIEGER (qf .mss Notary Public —Callfomla 'warn Pantie MARIN COUNTY My Comm. Exp. MAA 20.1995 CERTIFICATE STATE OF CALIFORNIA COUNTY OF MARIN I as. I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY. a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and at -ached POWER OF ATTORNEY remains in full force and Inas not been revoked- and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and sealed at the County of Marin. Dated the 10th day of January i •''i°!T�� x¢iaee[A.rin,m seaevr 46n71 i.Ts.2.94 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of California San Francisco On January 10, 1996 before me, Mara M.G. Scholl, notary Public DATE NAME, TITLE OF OFFICER - E.G.. VANE DOE, NOTARY PUSUC' No. 5907 personally appeared Lisa B. Wofford NAME(S) OF SIGNER(S) 1 personally known to me - OR - to be the personX whose namep6 is/efe subscribed to the within instrument and ac- knowledged to me that>6/she/they executed the same in t}is/her/ttxer authorized capacity(iasl, and that by,h+s/her/tf�err signatureKon the instrument the personal, or the entity upon behalf of which the person(?) acted, executed the instrument. MARTHA M.G.SCHOLL p COMM. 4 1040294 WITNESSy hand and official eat. T NOTARY PUSLIGCALIFORNIA a SAN FRANCISCO COtftJTY My CDM. rX0lres Nov. 4, 2998 SIGNATURE OF NOTARY Martha M.G. Scholl 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 ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ 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 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park CA 91309-7184 w' SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE . 66499.0 DC Bond No.: 11133221652 Premium: $1,508.00 WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Tavlo (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 December 21 1995 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 The American Insurance nY , as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of one hundrPA sixty seven .thousand five hundred & 0/100 Dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: L. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. RELEASED urezv W44, i Area C-2 Tract 13436 (known as "San Juan Hills") PUBLIC STREETS 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 10th day of January 19__96 , at San_Francisco , California. APPROVED AS TO FORM: CITY ATTORNEY Page 2 - Subdivision Performance Bond PRINCIPAL Jeffre` Yrosto a Presid ntnt, Operations Taylor I LW_gja4row Hes California Ltd. (NOTARIZATION AND SEAL) SURE Y The American Insurance y VU— Lisa B. Woffc) 'At to -in-Fact (NOTARIZATION AND SEAL) #11133221652 Area C-2 Tract 13436 (known as "San Juan Hills") PUBLIC STREETS GENERAL POWER OF • AXTORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the County of Marin, State of California, has made, constituted and appointed, and does by these presents make, constitute and appointALAN S HIRER AND LISA B. WOFFORD, jointly or severally SAN F ,ANCISC 0 CA its true and U Attorneys}in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seat, acknowledge and deliver any and all bonds, undertaking, recognisances or other written obligations in the nature thereof _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys) -in -Fact may do in the prcmises. This power of attorney It granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VD. Appointment and Authorfry of Resident Secretaries, Attorneys -In -Fact and Agents to accept legal Prows and Make Appearances. Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vice -President or any other person authorized by the Board of Directors, the Cbstrmaa of the Board of Directors, the President or any Viee-President may, from time to time, appoint Resident Assistant Secretaries and Attomeys4n-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal proem and crake appearauces for and on behalf of the Corporation. Section 46. Authority. The authority of such Resident Assistant Secretaries, Attorneys -in -Fact and Agents shall be as prescribed In the instrument evidencing theirappointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment." This power of attorney 6 signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 3lst day of July, 1994, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation maybe affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation. IN WITNESS WHEREOF THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate seal to be hereunto affixed this 17th day of - - November 193. THF AMERICAN INSURANCE COMPANY t• �i,z By vis.tkatdenr STATE OF CALIFORNIA ss COUNTY OF MARIN On this 17th day of November 19 9 4 , before me personally came M. A. Mallonee to me known, who, being by me duly sworn, did depose and say: that he is Vice -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. =NOTARY SEALOMrrda •erary tuelkTYMR 20,1995 CERTIFICATE STATE OF CALIFORNIA l u. COUNTY OF MARIN ` I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked' and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and sealed at the County of Marin. Dated the 10th day of January , 19 96 .te 360711 -TA -2.94 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of _ County of California San Francisco On January 10, 1996 before me, Martha M.G. Scholl, Notary Public DATE NAME, Tm.E OF OFFICER - E.G., *JANE DOE, NOTARY PUBLIC No. 5907 personally appeared Lisa B. Wofford NAME(S) OF SIGNERS) IN personally known to me - OR - n peweved :, T,, e t a —O--L$faet ,-iiA4defiee to be the personX whose namepq is/f& subscribed to the within instrument and ac- knowledged to me that h /she/they executed the same in i}+s/her/tttgi-r authorized capacity(iW, and that by_b+�&/her/t,4et"r signaturewon the instrument the personal, or the entity upon behalf of which the person( acted, executed the instrument. MARTHA M.G. SCHOLL ~ COMM. # 1040294 WITNESS my hand apnd official seal. NOTARY PUBUCCAUFOM A. SAN FRANCISCO COUNTYmm My Co. Fxpres Nov. 4, 1998fk _� LU SIGNATURE OF NOTARY Martha M.G. Scholl OPTIONAL EIIIIIIIIIIIIIII 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 TITI AS) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENIT Y(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION- 8236 Remmet Ave., P.O. Boz 7184 - Canoga Park CA 31309.7184 RELEASED Bond No. 11133221660 Premium: Included SUBDIVISION LABOR AND MATERIAL BOND DATE—�� 1�� Z�J3 (GOVERNMENT CODE, SECTION 66499.2) INt11ALS� W REAS, the City Council of the City of San Juan Capistrano, State of alifor a, and —Taylor Woodrow Homes California Ltd. (hereinafter designated as "Principal'), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements which said Agreement, dated December 21 , 1995 and identified as Project Area C-2 Tract 13436, (known as San Juan Hills) 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 The American Insurance crimpanY as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of two hundred eighty seven thousand six hundred twenty eight & O/100 Dollars ($ 287.628.00 ) 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 1 of 2 STORM DRAIN 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 10th day of January 19_96_., 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 Jeffrey P tor, V esident Operations J (NOTARIZATION AND SEAL) SURETY / tee -American In anoe CaqDany Tisa Wofford, Attorney —Fact (NOTARIZATION AND SEAL) 2 of 2 STORM DRAIN Area C-2 Tract 13436 (known as "San Juan Hills") ;ENF.RAL . POWEROF ATTORNEY THE AMERICAN INSURANCE COMPANY SNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, ISM, and redomestiated to the State of Nebraska on lune 1, 1990, and having its principal office in the County of Marin, State of California, has made, constituted and appointed, and does by these presents make, constitute and appo"ALAN S H I RER AND LISA B. WOFFORD, jointly or severally SAN F�ANCIWQ A itstrueandla ul Attorn s m- a t, with full power and authority herebyconferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recognisances or other written obligations in the nature thereof -------------------------------- and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attoraey(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VII. Appointment andAathorfty of Resident Secretaries, Attorneys-fo-Fact and Agents to accept Legal Process and MakeAppeanaar. Section 4S. Appointment. The Chairman of the Board of Directors, the President, any Vlc -President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice -President may, from time to time, appoint Resident Assistant Secretaries and Attorneysi4i -Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 46. Authority. The authority of such Resident Assistant Secretaries, Attoneys-in-Fact and Agents shall be as prescribed in the instrument evidencing theirappointmeat. Any such appointment and all authority granted thereby may be moked at any time by the Board of Directors of by any person empowered to make such appointment!, This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31 st day of July, 1994, and said Resolution bas not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of nay power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate hearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation!' IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vim -President, and its corporate seal to be hereunto affixed this 17th day of November , 1994 iy w, %�%'�"•r s THF AMERICAN INSURANCE COMPANY 33. 0124- '0 . . I f .4% f By via•hmdmr STATE OF CALIFORNIA ss. COUNTY OF MARIN On this 17th day of November 19 9 4 , before me personally came M. A. Mallonee to me known, who, being by me duly sworn, did depose and say: that he is Vice -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate sed; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. OFFICIAL NOTARY SEAL A. KRIEGER Notary Public—Calb-Tia •ourrPublic `�. MARIN COUNTY Mfr Comm. Exp. MAR 20,1995 CERTIFICATE S kTE OF CALIFORNIA COUNTY OF MARIN W. v 1. the undersigned, ResidentAssistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and sealed at the County of Marin. Dated the 10th day of January , 19 96 . ri �, • r •+�"c[ce.-V Reside Aub=$canary 360711 -TA -2.94 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On January lo, 1996 before me, Martha M.G. Scholl, Notary Public DATE - NAME, TITLE OF OFFICER • E.G., 'JANE DOE, NOTARY PUBLIC' No. 5907 personally appeared Lisa B. Wofford NAME(S) OF SIGNER(S) 93 personally known to me OR n proved to _ of s�dep ,,� _a to be the personX whose namep6 Wafer subscribed to the within instrument and ac- knowledged to me that Wshe/they executed the same in Wher/t4aTr authorized capacity(iW, and that by_hiAs/her/tom signatureKon the instrument the personal, or the entity upon behalf of which the person(?)acted, executed the instrument. MARTHA M.G. SCROLL COMM. q 1040294 WITNES my hand and official seal. a �' E NOTARY PUBLIC-ALIFORNIA fin\ SAN FRANCISCO COUNTY J , Rill, 0ty , 0 EApires Nov. 4,1498 L�N SIGNATURE OF NOTARY Martha M.G. Scholl 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.F(S) ❑ PARTNER(S) ❑ uMITED ❑ 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 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park CA 91309-7184 C A SUBDIVISION FAITHFUL PERFORMANCE BOND o I( Bond No.: 11133221660 (GOVERNMENT CODE . 66499.1) Premitun: $2,589.00 WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Taylor Wondraw Hnmwc ral i fnrnia Ltd - (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 December 21 1995 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 The American Insurance Ccffpany . as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of two hundred eighty seven thousand six hundred twenty eight & 0/100_ 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 null. and void; otherwise it shall remain in full force and effect. Surety waives any rights, is there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. DAM MAE"" Area C-2 Tract 13436 (known as "San Juan Hills") STORM DRAIN 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 10th day of January 19 96 at San Francisco California. APPROVED AS TO FORA: L—Alica CITY ATTORNEY Page 2 - Subdivision Performance Bond PRINCIPAL Jeffrey stor, resident, Operation: I (Q Taylor W dr Homes California Ltd. (NOTARIZATION AND SEAL) SURETY II.nne,�American GInn�ssu/rance Carpany Li B. Wof�for tome in -Fact (NOTARIZATION AND SEAL) #11133221660 Area C-2 Tract 13436 (known as "San Juan Hills") STORM DRAIN .GENERAL POWER OF ATTORNEY THE AMERICAN INSURANCE COMPANY t KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomestiated to the State of Nebraska on June 1, 1990, and having its principal office in the County of Mario, State of California, his made, constituted and appointed, and does by these presents make, constitute and appointALAN SHIREK AND LISA B. WOFFORD, jointly or severally SAN F' ANCISCO CA lace andstad, to acture, seal, acknowledge deliver an its true andla ul Attom s}in-Fact, with full power and authority hereby conferred in its name, placcand Y and all bonds, undertaking, recognianm or other written obligations in the nature thereof _ _ _ _ — — — — — — — — — — — — — — — — — — — --____— and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attoraey(s)-in-Fact shay do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VD. Appointment and Authority of Resident Secretaries, Attorneys -la -Fuer and Agents to accept Legal Process sad Make Appearances. Section 45. Appoiotapeol. The Chairman of the Board of Directors, the Preadeut, any vice -President or any other person authorized by the Board of Directors, the Chalrmaa of the Board of Directors, she President or any Vice-Preddeut may, from time to time, appoint Resident Assistant Secretaries and Attorne"-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 46. Authority. The authority of such Resident Assistant Secretaries, Attorneysdn-Fact and Agents shall be u prescribed in the instrument evidencing theirappointmeut. Any such appointment and an authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appolutmeut," This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any vice-president, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its vice -President, and its corporate seal to be hereunto affixed this 17th day of November , 1994 }" THE AMERICAN INSURANCE COMPANY By res-iRwOeni STATE OF CALIFORNIA u. COUNTY OF MARIN Onthis 17th d yof November 1994 ,before mepersonally came M. A. Mallonee to me known, who, being by me duly sworn, did depose and say: that he is Via -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affued my official seal, the day and year herein first above written. •..-. OFFICIAL NOTARY SEAL , -61 A. KRIEGER Notary Pudlo—Callfomla 'ever Public - MARIN COUNTY My Comm. Exp. MAR 20.1995 CERTIFICATE STATE OF CALIFORNIA 1 u COUNTY OF MARIN 1 I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OFATTORNEY remains in full force and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in fora. Signed and sealed at the County of Marin. Dated the 10th day of January 19 __26. W£y� A :- R ddmt A,.:..... Seaany aeras., 11 1 eA ►i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco No. 5907 On January 10, 1996 before me, Martha M.G. Scholl, Notary Public DATE NAME, TITLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC personally appeared Lisa B. Wofford NAME(S) OF SIGNER(S) IN personally known to me OR 19 preyed to FAA an the bases of safisfaete evkl � to be the person ,(4 whose namep6 is/afe subscribed to the within instrument and ac- knowledged to me that W/she/they executed the same in f}is/her/therr authorized capacity(!W, and that by rq+s/her/tom signature(,sj'on the instrument the personal, or the entity upon behalf of which the person(,S) acted, executed the instrument. -• MARTHA M.G. SCHOLL WITNE!Inny hand and offici I seal. COMM. # 1040294 b `-1 NOTARY PUBLICCALFORMA n SAN FRANCISCO COUNTY 2 MY Cumin, Fxgres Nov. 4, ;998 SIGNATURE OF NOTARY Martha M.G. Scholl OPTIONAL Though the data below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER MLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(ISS) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184