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1996-0318_ESTATES AT SAN JUAN CAPISTRANO L.P._Subdivision Improvement Agreement RECORDED AT REQUEST OF AND RETURN TO: City of San Juan Capistrano recorded in Official Records, Chanty of Grange City Clark's Office Gary Granville, Clerk-recorder 32400 Paseo Adelantoi" San Juan Capistrano, CA 92675 2000050824 03:29pm 912100 109 11 N12 1 RECORDING FEES EXEMPT DUE TO 0.03 0.00 0.00 0,00 0.00 0.00 0.00 0,00 GOV LAMENT CODE SECTION 6103 Cheryl Johnson, ty Vrk San Juan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that Subdivision Improvement Agreement between the City of San Juan Capistrano and Estates of San Juan Capistrano L.P., 2900 West Orangewood Avenue, Suite 180, Orange, California 92668, developer of Tract 13726 requires the developer to complete the following, to wit: CONSTRUCTION OF IMPROVEMENTS IN CONJUNCTION WITH THE DEVELOPMENT OF TRACT 13726, IN THE CITY OF SAN JUAN CAPISTRANO That said work was completed on March 15, 2000, by said Developer according to plans and specifications and a. to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said work was accepted by r " the City Council of the City of San Juan Capistrano, as the owner, 32400 Paseo Adelanto, San Juan Capistrano, r5°, California 92675, at a regular meeting thereof held on the 99th day of September, 2000, by Resolution No. That upon said agreement, National Fie Insurance Company of Hartford was surety for the bonds given by the said company as required by law. y Dated at San Juan Capistrano, California, this � day of , 2000. Cheryl Johnson ty C16(k City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) 1, CHERYL JOHNSON, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, DO HEREBY CERTIFY, under penalty of perjury that the foregoing Notice of Completion is true and correct, and that said Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County-Recorder by said City Clerk. Dated at San Juan Capistrano this / day of ��� , 2000. /17 Cheryl Johnso , it Jerk City of San Juan Capistrano Recording Requested by and When Recorded Mail To: City of San Juan Capistrano Recorded in the County of Orange, California Attention: City Clerk Gary L, Granville, clerk/Recorder 32400 Paseo Adelanta �t11,11 I {� i1 j1i92'00 San Juan Capistrano, CA 92675 19960131261 0$;30P ( 03/18/96 005 236962 29 04 MB6 Al2 16 7.00 45.00 0.00 0.00 0.00 0.00 Cheryl Johns n, City Clerk City of San Juan Capistrano SUB li(JN_TIVIPROVEMENT Ate, ,:,.,, NT SUBJECT: Final lrzasqt2 THIS AGREEMENT is between the City of San Juan Capistrano, a municipal corporation, State of California, hereinafter referred to as 'City„ and istrano L.P. whose mailing address is 2100 West Orangewood Ave. Ste 180 Oran e Ca. 92668 hereinafter referred to as "Subdivider": WHEREAS, the tentative map application was conditionally approved by Resolution No. 91-6-18-4,/,93-.7-20-3 ; and WHEREAS, Subdivider is the owner of that certain parcel of land situated in the City of San Juan Capistrano, Orange County, generally known and described as Trn r,r 1 'A 7 7 6 and Subdivider proposes to do and perform certain work of improvement thereon as hereinafter set forth; and WHEREAS, City desires to assure that said proposed improvements will be done in a good workmanlike manner and in accordance with the laws now in force and effect in the City of San Juan Capistrano, California, the terms and conditions of which are incorporated herein by reference; and WHEREAS, Subdivider declares that he is familiar with the pertinent regulations contained in the City Code and in the Subdivision Map Act(Government Code Sections 66410 to 66500) and agrees to comply therewith; and WHEREAS, a Final Map of said subdivision, prepared in accordance with the City's Subdivision Ordinance, has been filed by Subdivider with City for approval by the City Council; NOW THEREFORE, in consideration of the approval and acceptance by the City Council of City of said Final Map and the acceptance of easements therein offered for dedication for street and other public purposes and the covenants herein contained, the parties hereto mutually covenant and agree as follows: SUSIMPR.GTRM/12-4-95 -l- 1. General Subdivider shall, at his own, cost and expense, provide all required tests, design work, equipment, materials and labor in order to complete all of the works of improvement (the "Works of Improvement"), set forth in Exhibit "A" to the satisfaction of the City Engineer. 2. Security: A. Subdivider shall, at all times beginning with the execution of this agreement, guarantee Subdivider's performance of this agreement by providing City with the following security instruments (the "Security Instruments"), as required by the State Subdivision Map Act, on forms approved by City for the purposes and in the amounts as follows: (i) A Faithful Performance Bond to ensure faithful performance of this agreement in regard to said improvements in the amount of 100% of the estimated cost of construction of the improvements; and (ii) A Labor and Materials Bond to secure payment to any contractor, subcontractor, persons renting equipment or furnishing labor or materials for the improvements required to be constructed or installed pursuant to this agreement in the additional amount of 100% of the estimated cost of construction of the improvements; and (iii) A Subdivision Monument Bond in the amount of 100% of the estimated cost of setting subdivision monuments as shown in Exhibit "A" B. In order to guarantee and warranty the Works of Improvement and in addition to the security instruments referenced in Paragraph 2(A) above, Subdivider shall provide to City the following Security Instruments: (i) Prior to the City's final acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall provide to City a Warranty Bond for Works of Improvement warranting the accepted Works of Improvement for a period of one (1) year following said acceptance against any defective work or labor done or defective material furnished. The amount of such Warranty Bond for Works of Improvement shall be equal to twenty-five percent (25%) of the estimated construction cost set forth in Exhibit "A", or a suitable amount determined by the City Engineer. SUBIMPAG.FRM/I2-4-45 -2- Prior to the City's final acceptance of the landscape and irrigation Works of Improvement, Subdivider shall provide a Landscape and Irrigation Warranty Bond warranting the landscape and irrigation Works of Improvement for a period of (1) year, following said acceptance against any defective work or labor done or defective material furnished for any reason other than unproper maintenance. The amount of such Landscape and Irrigation Warranty Bond shall be equal to twenty percent (20%) of the landscape architect's estimated construction cost, or a suitable amount determined by the City's Director of Engineering and Building. The Landscape and Irrigation Warranty Bond shall be held by the development's Homeowners` Association ("HOA"). If this development is not subject to the formation of a HOA, then the Landscape and Irrigation Warranty Bond (if determined to be applicable by the Director of Engineering and Building) shall be held by the City. All Security Instruments required by this agreement, with the exception of the Landscape and Irrigation Warranty Bond which is submitted to the development's HOA, shall be kept on file with the City Clerk. The terms of the Security Instruments required by this agreement are hereby incorporated in this agreement by reference. City shad release the Faithful Performance Bond upon Subdivider's written request following acceptance by City of the Works of Improvement and Subdivider's delivery to City of the Warranty Bond for Works of Improvement. City shall release the Labor and Materials Bond upon Subdivider's written request and following acceptance by City of the Works of Improvement and after expiration of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 3114)of Chapter 2 of Title 15 of Part 4 of Division Third of the California Civil Code. If lien claims have been timely filed, City shall hold the Labor and Materials Bond until(a) such claims have been resolved, (b) Subdivider has provided a statutory bond, or (c) otherwise as required by applicable law. City shall release the Warranty Bond for Works of Improvement upon Subdivider's written request following the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work. The release of the Landscape and Irrigation Warranty Bond held by the HOA will be determined by a separate agreement between the developer and the HOA. 2.1 Form of Security Instruments. All Security Instruments shall meet the following minimum requirements and otherwise shall be in a form acceptable to the City Attorney: SUBIMPAG.FRM!13-4-95 -3- (i) Any insurance company acting as surety shall have a h inimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Old-wick, New Jersey, 08858; any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's; (ii) Payments under the Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the County of Orange, State of California; (iii) Each of the Security Instruments shall have a minimum term of one (1) year after the deadline for Subdivider's completing the Works of Improvement, in accordance with paragraph 3 herein; (iv) The Security Instruments shall reference Subdivider's obligations under this Agreement, shall be irrevocable, and shall include as an additional obligation secured the responsibility to compensate City for all of the City's attorneys' fees and litigation expenses reasonably incurred enforcing its rights under the Security Instruments, 3. Time of Coag: All of the Works of Improvement shall be completed within twenty-four(24) months from the effective date of this Agreement. The time for completion may be extended by the City Engineer, in writing, for good cause shown by the Subdivider. Subdivider shall compensate the City for all costs reasonably incurred in having its authorized representatives perform the usual and customary engineering services during said extension as specified in Paragraph 19 below. In the event that Subdivider fails to complete the Works of Improvement within said period or any approved extension, the City may complete said work and shall be entitled to recover the full cost and expenses thereof from Subdivider, or his surety as herein provided. The City may require Subdivider, or his surety, to pay the City in advance, sufficient monies to cover the City's cost in completing construction of said Works of Improvement. 3.1 Force„„WAje,gre: Notwithstanding the provisions of paragraph 3 herein, Subdivider's time for completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikes, lockouts, acts or failures to act of a public agency (including City), required changes to the Scope of Work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than thirty (30) days prior to City's receipt of a written notice from SUBIMPAc.Mv12-4.95 4- Subdivider or its contractor detailing the grounds for Subdivider's claim: to a right to extend its time for performance hereunder. 3.2 ContinuQ,�,�s..Work: After commencement of construction of the Works of Improvement(or separable portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period of more than thirty (30) days, events of force majeure excepted. 3.3 &YOrsion to Acr._A"i In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.11-66499.20-314. In this regard, Subdivider agrees that if none of the Works of Improvement referenced herein have been made within the specified "Time of Completion" referenced in paragraph 3 above or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, any improvements made by or on behalf of Subdivider after the date City initiates such action shall not be considered in determining City's authority to revert the Property to acreage. 4. Effixtive Date of A, gement: This Agreement shall not become effective unless and until the subdivision map has been approved by the City Council and also accepted for recordation by the County Recorder of the County of Orange. 5. Prior to the commencement of any work to be performed within the area delineated on the Final Map, the Subdivider muatffi a written statement with the City Clerk and City Engineer, signed by the Subdivider, and each public utility corporation involved, to the effect that Subdivider has made all deposits legally required by such public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the subdivision. 6. Permits - Compliance with Law: Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction of required improvements, give all necessary notices and pay all fees and taxes required by law. sUBIMPAGIRM/124-95 -5- 7. Definition.and Ownership of IMprQve, nt.s: The term "improvements" means: grading, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, such as electric, telephone and cable TV, conduits, gas lines, drainage facilities, traffic controls, landscaping and irrigation, street lights, and all other required facilities as shown in detail upon plans, profiles and specifications which have been prepared or are now in final preparation by engineers acting for Subdivider subject to approval by the City Engineer. No work on said improvements shall be commenced until plans and profiles therefore have been submitted to, approved and permitted by the City Engineer. All required public improvements constructed or installed pursuant to this Agreement shall become the sole exclusive property of the City, without payment therefore, upon acceptance of said improvements by the City Council. 8. Notwithstanding the fact that Subdivider's plans and specifications, completion of the work, and other acts are subject to approval of the City, it is understood and agreed that any approval by the City thereof shall in no way relieve Subdivider of satisfactorily performing said work or the related obligations hereunder. The construction shall be done strictly in accordance with the plans and specifications including supplementals and revisions prepared by Subdivider or its registered engineer, and as approved by the City as being consistent with the City Code and Standards. Subdivider warrants that its plans and specifications conform as a minimum to said codes and standards and that they are adequate to accomplish the work in a good workmanlike manner and in accordance with responsible construction practices. In addition to the foregoing, Subdivider shall satisfy all the conditions of approval set forth on the City approved tentative map for the Property. Subdivider shall also perform all work and furnish all materials necessary, in the opinion of the City Engineer and on his order, to complete the Works of Improvement in accordance with the plans and specifications on fileas hereinbefore specified, or with any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete this work. 9. Intent of Plans and Specif,calions The intent of the plans and specifications referenced above is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer(or designee) and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or SUBIMPAGTFRWI2.4-95 -6- operable improvement or facility, even though the plans and specifications may not specifically call out all items of work required for the contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made of information necessary to carry out the full intent and-meaning of the plans and specifications, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the plans, specifications, or related documents, reference shall be made to the City Engineer whose decision thereon shall be final. 10. �.�nerinte � by Subdivider: Subdivider shall give personal superintendence to the Works of improvement, or have a competent foreman or superintendent, satisfactory to the City Engineer, on the work at all times during progress, with authority to act for Subdivider. In 'the event satisfactory superintendence is not being exercised by the Subdivider, the City Engineer may order suspension of all-mrk within the subdivision until the deficiency is adequately corrected. 11. Repair and Replacements: Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, or pay to the owner the entire cost of replacement or repairs, for all survey monuments or for any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or by any public or private corporation, or by any person whomsoever or by combination of such owners. Any such repair or replacement shall be completed in a reasonable manner and subject to the approval of the City Engineer and affected property owner. 12. I sp ct on by Ci y: Subdivider shall at all tinges maintain proper facilities and provide safe access for inspection by City to all parts of the work and to the shops where the work is in preparation. The cost of inspections shall be paid by the Subdivider. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Subdivider or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted. SUBIMPAG.FRNU124-95 -7- No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered. The date on which the Works of Improvement will be considered as complete shall be that date on which the City Council accepts the improvements and authorizes the City Clerk to file a Notice of Completion with respect thereto. 13. All required improvements shall be constructed under the inspection of and subject to approval of the City Engineer. Therefore, it is mutually agreed by the parties hereto that the City Engineer shall have the right to reject any or all of the work to be performed under this contract if such work does not conform with City Codes and Standards and the plans and specifications mentioned herein, including subsequent revisions that may have been previously overlooked during the plan review process. Any damage to the improvements (existing or new) that occurs during or after installation of work performed under this Agreement shall be repaired or replaced, by the Subdivider, to the satisfaction of the City Engineer before the final acceptance of completed work and release of security. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to make a final decision in regard to all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor. 14. C" anges in the Worm: The City Engineer, without invalidating this Agreement and without notification to any of the sureties referenced in paragraph 2, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer to accomplish the purposes of this Agreement and to protect the public health, safety, and welfare. It is mutually understood that it is inherent in the nature of the work contemplated by this Agreement that some changes in the plans and specifications and related documents may be necessary during the course of construction to adjust them to field conditions and to assure the protection of the public health, safety, and welfare. The City Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the Works of Improvement. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. SUBIMPAG.FRM112-4-95 -$- 15. No Warranty by City: The plans and specifications and related documents for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the plans or specifications or related documents. 16. Liability for Performance. Iniury or Damage: Neither the City nor any of its officers or agents shall be liable to ,Subdivider or its contractors for any error or omission arising out of or in connection with any work to be ,performed under this contract. Additionally, the City shall not be liable to the Subdivider or to any other person, firm, or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever in, on, or about the subdivision of said land covered by this Agreement, or any part thereof 17. Indemnification and Release: Prior to the commencement of any work pursuant to this contract, Subdivider's contractors shall furnish to City satisfactory evidence of an insurance policy written upon a form and by a company(which meets with the approval of City) insuring City, its officers, agents, and employees against loss or liability which may arise during the work or which may result from any of the work herein required to be done, including all costs of defending any claim arising as result thereof. Minimum liability and property damage insurance shall be not less than $250,000 for all damages arising out of bodily injury to or death of one person and not less than $1,000,000 for all damages arising out of bodily injuries to or death of more than one person in any one occurrence; and not less than$250,000 for all damages and/or destruction of property in any one occurrence and not less than $500,000 for all damages and/or destruction of property during the policy period. Said policy shall be in favor of Subdivider or its contractors and of the City, its officers, agents, and employees and shall be maintained in full force and effect during the life of this Agreement, including extensions. Said policy shall state by its terms and by an endorsement that it shall not be cancelled until City shall have had at least ninety(90) days' notice in writing of such cancellation. The Subdivider hereby releases and agrees to defend, indemnify and hold the City harmless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage and liability, howsoever the sante may be caused and whensoever the same may appear, resulting directly or indirectly from the performance or nonperformance of any or all work to be done in and upon the subject property and the premises adjacent thereto pursuant to this Agreement, and also from any and all injuries to and deaths of persons and injuries to property or other interests and all claims, demands, costs, loss, damage, and liability, SLT IMPAGSRM!12-4-95 -9- howsoever the same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the Subdivider, the Subdivider's agents, employees, and subcontractors, while engaged in the performance of said work. 18. Liability of Subdivider: The Subdivider agrees that the use for any purpose and by any person of any and all of the streets, easements and improvements herein specified shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the City of the completed street and other improvements thereon and therein; provided that acceptance by the City shall in no way eliminate or lessen any of the Subdivider's obligations or undertakings contained in this Agreement. The issuance of any occupancy permits (if granted) by the City for buildings located within said subdivision shall not be construed in any manner to constitute an acceptance and approval of any or all of the required improvements in said subdivision. 19. Subdivider's Expenses: The Subdivider shall pay these additional expenses: a. The Subdivider shall cause to be made and/or pay for soil tests made by a reputable geotechnical consultant/firm to determine stability, gradation, bearing, and resistance value of soils within the subdivision from which to determine the nature and design of appropriate improvements. The Subdivider shall also pay for all compaction and related tests necessary to determine that all fill work and the utility trench backfill has been satisfactorily placed. b. All service(including plan check and inspection), impact and connection fees as established by City shall be paid for each lot in the subdivision in accordance with the City Code. C. All actual costs for design, plan check, development process and inspection incurred by the City in evaluating any proposed or agreed upon change in work. In no event shall Subdivider be entitled to additional inspections or final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including, without limitation, charges for applicable penalties and additional required inspections. d. Subdivider shall compensate the City for all actual costs reasonably incurred in having its authorized representatives make the usual and customary engineering services beyond the specified "Time of Completion" referenced in paragraph 3 above. Said actual costs include: inspection of Works of Improvement, engineer design review, plan check and project development process. Subdivider agrees to pay the cost of said City services within forty- five (45) days of invoice date, or as determined by the City Engineer, SUBTMPAG.FR.M/p 2-495 -10- 20. Relationahip of Contractor It is hereby mutually covenanted and agreed by the parties hereto that Subdivider's contractors are not agents of the City, and that the contractors' relations to City, if any, are those of independent contractors. 21. Certiflotion of Satisfactory CompjQjim- Upon the satisfactory completion of the Works of Improvement by the Subdivider, - the City Engineer shall certify that the Works of Improvement have been satisfactorily completed. 22. If, within a period of one year after City Council acceptance of the improvement work performed under this Agreement, any of the improvements or work done under this Agreement fails to fulfill any of the requirements of this Agreement, or the specifications referred to herein, Subdivider shall without delay and without any cost to the City (upon receipt of written notice from the City), repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, or should the exigencies of the case require repairs or replacements to be made before Subdivider can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to City the actual cost of such repairs plus an amount equivalent to the current general City overhead costs. 23. Wim: Without limiting the foregoing, Subdivider warrants and guarantees: materials used and workmanship performed on said work for a period of one (1) year after completion and acceptance thereof by the City, the setting of all required Final Map monuments and agrees to maintain all required landscaping in a vigorous and thriving condition for a period of twelve(12)months after completion and written acceptance thereof by the Director of Engineering and Building and by the Homeowner's Association. Only the warranty security for the landscape improvement shall be posted with the Homeowner's Association. All other security instruments shall be submitted to the City in accordance with Section 2 above. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law. 24. Default: 24.1 Remedies Not Exclusive: In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy SUBIMPAG.FRM/12-4.95 -11- shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may be entitled. 242 City Right to Perform Work: In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event Subdivider shall fail, to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of thirty (3 0) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to diligently pursue the cure of any such default to completion, City shall have the right to enter into the Property and perforin any of the uncompleted work by force account or contract or both and thereupon recover from Subdivider and the surety company, or both, the full cost and expense thereby incurred by City. 24.3 ' In the event of any litigation arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and costs shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action., taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. 25, Notice Q,f CQm_ls'tion: Upon approval of the Works of Improvement by the City Engineer and acceptance by the City Council, the subdivider shall file with the Orange County Recorder a Notice of Completion of the improvements herein specified. 26. Upon completion of the job and prior to final acceptance of the Works of Improvement by the City, the Subdivider shall submit to the City Engineer for review and approval, one mylar(4 mils) set of"record" drawings. These drawings shall be certified and shall reflect the job as actually constructed, with all changes incorporated therein. SUBIMP.4GTRI &12.4-95 -12- 28. This agreement shall not be assignable by Subdivider,without written consent of City. IN WITNESS WIIEEREOF, three(3) identical counterparts of this agreement, each of which shall for all purposes be deemed an original thereof have been duly executed by the Subdivider herein named on the day of , 19 ;; the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. SUBDIVIDER CITY OF SAN JUAN CAPISTRANO Estates at San Juan Capistrano, L.P. A California Limited Partnership By: Toll CA GP CORP. By A Ca i ornia orporatloi MA OR t eneral partne By: Attest: J mes W. Boyd---Vice President CITY CL RK By: /o APPRqyED AS TO F By: CITY ATTORNEY ; , (Attach Notary Acknowledgement) APPROVED S TO CONTENT- By= ONTENT: By, CITY ENGINEER Attachments: (1) Exhibit "A" (2) Securities SUBTMPAG.PMU12-4-95 -13- ALL-PURPOSE ACKNOWLEDGMENT F0 0--1000.0-amob.O."W-0-asm-0-410�a-ask-@ W State of California County of SS. On _ � �� before me, c / (DATE) (NOTARY) personally appeared srcNeR(s> g 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. 1ANICE GICDEN•REHAK -0 Comm.It 1063519 ® NOTARY PUBM,CALIFORM Orange County My Comm,FxPires 3Wy 2,1999 NOTARY'S SIGNATUPE OPTIONAL INFORMATION � 'Me information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL � ❑ CORPORATE OFFICER � TITLE(S) TITLE OR TYPE OF DOCUMENT -_-_ PARTNER(S) ® ❑ ATTORNEY-IN-FACT ❑ TRUSTFE(S) NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT ® SIGNER IS REPRESENTING: � NAME OF PERSON(S)OR EN'rrrY(IRS) OTHER APA 1194 VALLEY-SIERRA, 500-362-3369 SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "A" WORKS OF IMPROVEMENT TYPC of Im rovements: Estimated Construction Cost Bond Amount: Grading Processed separately through Bldg. Division Erosion and silt Control Processed separately through Bldg. Division Trails and related improvements Processed separately through Bldg. Division Streets and Related Improvements $422,408 Storm Drain $560,806 Sanitary Sewer $143,564 Landscaping & Irrigation $436,472 Street Monuments $ 40,000 C:Inp911docslcorresponlmattlniipag ree PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT Mate of California ) County of Orange City of San Juan Capistrano j (Gov't Code 40814 & Civil Code 118 1) On March. 5 1995 before me. Chervl Johnson City Clerk, personally appeared -----Wyatt Hart----- personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity(ies), and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. (SEAL) WITNESS my hand and official seal. 1 City Clerk OPTIONAL Capacity Claimed by Signer Description of Attached Document Municipal Corporate Officer Mayor Subdivision Improvement A rmt - Tr 13726 Title Title or Type of Document Signer is Representing Sixteen City of San Juan Capistrano Number of Pages 217196 Date of Document James Boyd and City staff Signer(s)Other Than Natned Above TE(MI&Db1yy) CO&DN CERT[FiC:" TE OF LIABILITY [NSI '1ANC EES-4 DA10/30/11 PRODUCER THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION LaBarre/Oksnee Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Agency, Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 85 :Argonaut Suite 110 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Aliso Viejo CA 92656 Phone: 949-588--0711 Pax:949-588 -1275 INSURERS AFFORDING COVERAGE INSURED INSURER A: Philadelphia Insurance Company INSURER B: Chubb Insurance The Estates Q San Juan Capistr INSURER C: P. 0. Box 7 027 INSURER D: Laguna Niguel CA 92607 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INR POLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE POLICY NUMBER LTR DATE MMIDDIYY DATE MWDDIYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ $1,000,000 A X COMMERCIAL GENERAL LIABILITY PHPG121504 07/18/00 07/18/01 FIRE DAMAGE(Anyone fire) $ $100,000 (CLAIMS MADE L""_J OCCUR E MED EXP(Any one person) [ S $51000 A X _$_40,_000 Property PHPG121504 07/18/00 I 07/18/01 PERSONAL&ADV INJUR� s $1,000,000 A I $275_,000 Bond PHPG121504 07/18/00 07/18/01 GENERAL AGGREGATE Is $2,000,000 I GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG 1 $ $2,000,000 Pf� PRO- ...._.I _............._._.......____--__,I._.__......_._..,_.........:.....�.___._ i POLICY PRO-JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ $1,000,000 ANY AUTO E (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ A X H[RED AUTOS PHPG121504 07/18/00 07/18/01 BODILY INJURY A X NON-OWNED AUTOS PHPG121504 07/18/00 07/18/01 (Per accident) _........ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY j AUTO ONLY-EA ACCIDENT ANY AUTOOTHER THAN EA ACC I$ 1 AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ $:L,000,000 A OCCUR CLAIMS MADE PHTJM201026D 17/18/00 07/18/01 AGGREGATE $ $1,000,000 _ Retained S $10,000 DEDUCTIBLE $ ! [ RETENTION S $ €WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY I E.L.EACH ACCIDENT $ E.L.DISEASE-EA EMPLOYEE $ E.L.DISEASE-POLICY LIMIT $ OTHER B Chubb Insurance 815247870 07/18/00 07/18/01 D&O 3,000,100 QESCRIPTION OF OPER.ATIONSILOCATION$N.,;EHICLESI.1 XCLUSION8 ADDEWBY ENDORPEMENT,t,SP1 CIAL P(ZpVISiONS CIE License` agreement; to use partfoxi'.of pblic'``steets CERTIFICATE HOLDER 77-L INSURED;INSURER LETTER: CANCELLATION CITY OF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELI ORE THE EXPIRATIQ City of San Juan Capistrano DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYSWRITTEN Capistrano Valley Water Di s trc NOTICE TO THE CERTIFICATE BOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL City Clerks Office IMPOSE NOOBLIGATION ORLIABILITY OFANY KIND UPON THE INSURER,ITS AGENTS OR 32400 Paseo Adelanto San Juan Capistrano CA 92675 REPRESENTATIVES. LaBarre Oksnee ACORD 25-S(7/97) OACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s),authorized representative or producer,and the certificate holder,nor does it affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon. ACORD 25-5(7/97) MUKDATE(MMIDDIYY) 9105/00 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PROOtlCER "' PALLEY SIMON ASSOCIATES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR SUITE 2500 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, 165 TOWNSHIP LINE ROAD COMPANIES AFFORDING COVERAGE JIENKINTOWN PA 19046-0508 COMPANY (215) 884-2100 Q Pacific Employers Insurance Co COMPANY To1( .Brothers, Inc. g c/o Mr. Joseph Sicree COMPANY 3103 Philmont Avenue C Huntingdon Valley, PA 19006 COMPANY THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATER,NOTWITHSTANDINGANYREOUIREMENT,TERMOR CONDITIONOFANYCONTRACTOROTHER DOCUMENT W ITHRESPECTTO W HICHTHIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTRs DATE(MMIDONY) DATE(MMIDDIYY) LIMITS I A GENERAL LIABILITY HDO 619897230 9101100 1 9/01101 'GENERAL AGGREGATE $ 2,000,000 X _ COMMERCIAL GENERAL LIABILITY PROJLCTS•COMP/OP AGG $ 2,000,000 `— ] 1 PERSONAL & ADV INJURY 00 CLAIMS MAGE� X' OCCUR � $ 1,000,000 OWNER'S&CONTRACTOR'S PROT EACH oCCUFtRENCE �g 1,000,000 FIRE DAMAGE(Any onePira? $ 1,000,00(1 . ............ MED EXP (Any one person$ $ 10,000 A AUTOMOBILE LIABILITY ISA H07674855 9/61/00 9/01101 X ANY AUTO COMBINED SINGLE LIMIT $ 1,000,000 X ALL OWNED AUTOS - [13GDILY INJURY SCHEDULED AUTOS (Per person) $ A [BODILY HIRED AUTOS INJURY X� NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGELIABILITY AUTO ONLY - EA ACCIDENT.$ ANY AUTO /OTHER THAN AUTO ONLY. EACH ACCIDENT $ AGGREGATE $ EACH OCCURRENCE $ ._ ' EXCES5LIABILITY UMBRELLA FORM � AGGREGATE $ OTHER THAN UMBRELLA FORM A WORKERS COMPENSATION AND WLR 043084318 (ALL OTHER) 9/01100 9101/01 X1 STATUTORY LIMITS EMPLOYER S'LIA9ILITY A SCF C43084355 (WI ONLY) 9101100 ! 91(11101 ACH ACCIDENT 1,000,000 THE PRIINE70R/ DISEASE •POL_ICY LIMIT B°% 1,-0-- 00,000CTIVt PARTNERS/EX NCL OFFICERS ARE: EXCL DISEASE-E....H EMPLOYEE $ 1,000,000 OTHERrri C3 C3 rn DESCRIPTION OF OPER ATIONSILO CATIONSIVEHICLES,SPECIAL ITEMS CITY OF SAN JUAN CAPISTRANO & CAPISTRANO VALLEY WATER DISTRICT ARE ADDITIONAL INSUREDS WITH RESPECT TO THIS "LICY .r C :�AN� LLA'�I��f:.. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF SAN JUAN CAPISTRANO EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL CAPISTRANO VALLEY WATER DIST 30 DAYS WRITT OTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, CITY CLERKS OFF ICE FAILUR T A 5 CH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 32400 PASEO ALDELANTO NY K Y, 1T5 AGENTS OR REPRESENTATIVES. SAN JUAN CAPISTRANO, CA 92675 H RPR Samuel M. Palley 111 . 3-S 31 : 1kGC]F['�.I:�p# 3RA1IlOUtd IS CERTIFICATE: 001/001/ 00061 a Affft- 32400 PAsEo ADELANTO i MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO, CA 92675 (We INO DIANE L.BATHGATE COLLENE CAMPBELL ((P49) 493-1 171 1961 JOHN GREINER (949) 493-1053 (FAX) 1776 WYATT HART DAWD M,SWERDUN CITY MANAGER GEORGE SCARBOROUGH August 18, 2000 JI Estates at San Juan Capistrano, L.P. 3103 Philmont Avenue Huntington Valley, PA 19006 Re: Renewal of General LiabilitV and Endorsement Form- (License Agreement/Subdivision Agreement - Tract 13726) 41, Gentlemen: 1,f The General Liability Certificate of Insurance, regarding the above-referenced agreements, is due to expire on September 1, 2000. In accordance with your agreements, the insurance certificates need to be renewed for an additional period of one year. The agreements require a general liability endorsement form naming the City of San Juan Capistrano as an additional insured. Please forward the updated certificates and endorsement to the City, attention City Clerk's office, by the above due date. If you have any questions, please contact me at (949) 443-6310. Thank you for your cooperation. Very truly yours, "WA _00"6q Dawn M. Schanderl Deputy City Clerk CC" Cheryl Johnson, City Clerk Sam Shoucair, Senior Engineer Cathy DuCoing, Engineer Technician rs San Juan Capistrano: Preserving the Past to Enhance the fitture Mae 32400 PASEo ADELANTO — `% . Li 1 MEMBERS OF THE C[TY COUNCIL THGATE SAN JUAN CAPISTRANO, CA 92675 BcaBraARita CE L.BA EiIAS€fS�Fa COLtENE CAMPBELL (949)493-1 171 • 1776 JOHN GREINER {949) 493-1053 (PAX) WYATT HART e 6 DAVID M.SWERDLIN • • CITY MANAGER GEORGE SCARBOROUGH August 18, 2000 Estates at San Juan Capistrano, L.P. 3108 Philmont Avenue Huntington Valley, PA 19006 Re, Renewal of Genera[ Liability and Endorsement Form License Agreement/Subdivision Agreement - Tract 13726) Gentlemen: The General Liability Certificate of Insurance, regarding the above-referenced agreements, is due to expire on September 1, 2000. In accordance with your agreements, the insurance certificates need to be renewed for an additional period of one year. The agreements require a general liability endorsement form naming the City of San Juan Capistrano as an additional insured. Please forward the updated certificates and endorsement to the City, attention City Clerk's office, by the above due date. If you have any questions, please contact me at (949) 443-6310. Thank you for your cooperation. Very truly yours, ") Wk'OWYL144Mz Dawn M. Schanderl Deputy City Clerk cc: Cheryl Johnson, City Clerk Sam Shoucair, Senior Engineer Cathy DuCoing, Engineer Technician u�use �s San .Tuan Capistrano.- Preserving the Past to Enhance the Future ACORD CERTIFICA-'c- OF LIABILITY INSURP `CE DATE(MMIDDIYY) �m 06/29/2000 PRODUCER Serial THE SIMKISS AGENCY,INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR TWO PAOLI OFFICE PARK ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. i PO BOX 9787 - PAOLI PA 19361-0828 INSURERS AFFORDING COVERAGE INSURER A: CGU---- TOLL BROTHERS, INC. INSURER B 3103 PHILMONT AVE, INSURER C! - - .. _.... HUNTINGDON VALLEY, PA 19006 -_ >-_ -- - INSURER D INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH E POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS - - ------- - - - Pt7CdCY EFFECTIVE TFOL7CYE3CPIRIti LTR TYPE OF INSURANCE POLICY NUMBER I DATE MMMD DATE SUDD LIMITS 1 GENERAL LIABdI_!lYEACH OCCURRENCE $ ,000,000 A Ix COMMERCIAL GENERAL LIABILITY CGL5004484-07` 711199 911100 FIRE DAMAGE(Any one fire) $ 250,000 I CLAIMS MADE 3 OCCUR ! MED EXP(Any one peen,) is 5,000 P - — € PERSONAL&ADV INJURY $ 1,000,900 r GENERAL AGGREGATE $ 2,000,000' _ _ ...... -- POLICY' �l PRO LOC I -- !OP AGG $ 2,000,000 JECT APPLIES PER: PRODUCTS COMP/OP - GEN'L AGGREGATE LIMIT AP 'AUTOMOBILE LIABILITY BA0070578-07 711199 911/00 COMBINED SINGLE LIMIT $ 1,000,000 A ,;ANY AUTO 13AO070592-06(MA) 9 (Ea accident) X ALL OWNED AUTOS ----- -- BODILY URY X SCHEDULED AUTOS erper€n) ( (Per X ]-FIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) E PROPERTY DAMAGE $ i #Per acddent) GARAGE LIABILITY E AUTO ONLY-EA ACCIDENT l$ .._!ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ __........ EXCESS LIABILITY EACH OCCURRENCE= $ OCCUR V 'CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE E RETENTION IS $ WORKERS COMPENSATION AND WC0161102-07 ; 711199 911100 X ITORY LIMITS[[ ER.j EMPLOYERS'LIABILITY - l _ Lm,_. �__ __ A I L EACH ACCIDENT $ 11300 f L DISEASE EA EMPLOYEE$ 100 0Go.,.., E.L.DISEASE-POLICY LIMIT ! $ 500,000.. OTHER � E I DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS *CITY OF SAN.JUAN CAPISTRANO&CAPISTRANO VALLEY WATER DISTRICT ARE ADDITIONAL INSURED WITH rPECT TO THIS POLICY. l �+•�cs C> Z m CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: CANCELLATION Utz*fn � SHOULD ANY OF THE ABOVE DESCRIBED POLICIGIS BE C NCELL FORE THE EXPIRATION CITY OF SAN JUAN CAPISTRANO DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO M 30 DAYS WRITTEN CAPISTRANO VALLEY WATER DIST NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUI:RLURE TO DO SO SHALL ATTN CITY CLERKS OFFICE IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 32400 PASEO ADELANTO REPRESENTATIVES. SAN JUAN CAPISTRANO CA 92675 AUTHORIZED REP ESENTATIVE .,{ IR APR 32400 PASEO ADELAINTO a kLEWBEDS OF THE CITY COUNCIL SANJUAN CAP€STRANo, CA 92.675 � � JOHNGREO GRE YihI€pE3EL1� ..._.._.. - E JOHN (714)493-1 171 dRiLA96AaIi0 wYATTRARr (714)493-1053 (FAX) ° asL€1N[B I9�1 GiL�QNE5 1776 DAVID M swEROLIN CITY MANAGER ® ,GEORGESCAROORQ�GH March 26, 1998 T :...:....: q To" .uAl7L1AG r..9 3103 Philmont Avenue Huntington Valley, PA 19006 Re: General Liability Endorsement Norm Water Facilities T13726/Subdivision l pmvenent Agreement T13726) Gentlemen: Thank you for the General Liability Endorsement received by the City of San Juan Capistrano on March 2, 1998. The endorsement form states it is not valid unless signed by a duly authorized representative of the company. Please have the endorsement signed and send to the City, attention City Clerk's office. If you have any questions please call me at (714) 443-6310. Thank you for your cooperation. Very truly yours, Dawn M. Schanderl Deputy City Cleric Enclosure CC' Cheryl Johnson, City Cleric John Shaw, City Attorney Craig Harris, Engineering Sam Shoucair, Senior Engineer Cr San Juan Capistrano: Preserving the Past to Enhance the Future w ENDORSEMENT Not Val Unless Signed by A Duly Authorized Representative Of The Company Endorsement no. ........_......_._._ [&General Acodent Insurance ❑Che Car,td(,r) Fire C]Perin sylvan W Generat ❑Putornac Insurance Company sof America Insurance Association 1nsrirance Company Company of Illinois Place Of Issue Ddte Of IS5Ue PKILAD)ILLPHI1►a Pel 10/17/97 Endorsement effective (standard time)Month Clay yedu Amending policy no. Hour 1201 ►.M. _-0_7_—_ 01.. __. _ ___97 � CSL ,�4--05 Issued t Toll arothere line. State Mode Agent code Agent name 730408] The SimUss Almucyr Inc. The above information is not required when this endorsement is issued with the policy. This endorsement is subject tri all the agreements,conditions, and exclusions of the policy. The policy is amended as indicated by typewritten entry below. This Endorsement Manges The Policy.. ?leave Read It Carefully- This F.andorrwement 1110difies Insurance Prawided Mader The Following: COMMCIAL CF1nMAL LIAZIL2'Tl" 0I)TR ti ICI► PART Who Is an Inst (Section II) Is amended to include as an Insured any person or organization You have agreed to add to this policy as an Additional Insured bat only with respect to liability arising out of your operations or premises owned by or rented to you subject to the following: 1. You have atm is a written or orad contract to add haat person or organizati m as an Additional Tusured to your liability insurance pglicyg 2.. This sadoreameat wi.11. Isnot take affect for the basefit of any Additional It red unless the preceding oc=ura prior to loss and during the policy period; and 3. The Coveraea pxovidod the Additional Insured is the leaser of the foll • a. The tam , tr d i t isasraasf and IlA is of the policy; b. The c�trmt requirements. Addition rerniurn Return premium - - - - Styn au ori ed e res ive _:--Aar Qrtda�1-5 Rev.7.86 r - 4 i J MEMBERS OR THE CITY COUNCIL COLLENE CAMPBELL JOHN GRE€NER pA6pBAt£A WYATT HART EsiAAIISNEG ISSI GIL JONES E776 DAVID M.SWER©I_IN ® a CITY MANAGER ® ` GEORGE SCARBOROUGH February 24, 1998 Toll Brothers, Inc. 3143 Philmont Avenue Huntington Valley, PA 19006 Re: General Liability Endorsement Form (Water Facilities T1372 / u division I rovement Agreement, T 13 726) Gentlemen: Thank you for the certificate of insurance received by the City of San Juan Capistrano on January 20, 1998. Although the certificate lists the City of San,Tuan Capistrano and the Capistrano Valley Water District as additional insureds we do require an endorsement form. This form has been requested several times. Please send the endorsement form to the City, attention City Clerk's office, by March 10, 1998. If you have any questions please call me at(714) 443-6310. Thank you for your cooperation. Very truly yours, 14��. a-lolAa"k- Dawn M. Schanderl Deputy City Clerk cc: Cheryl Johnson, City Clerk John Shaw, City Attorney Craig Harris, Engineering Sarn Shoucair, Senior Engineer 32400 PASEQ ADELANTO, .SAKI JUAN CAPISTRANO, CALIFORNIA 92675 (714) 493-1171 FEB 27-1998 11'-M 1.1, BROTHERS N ' II�� Lwmpr�CW TME Cr1TY CntlNOL .1014MCot-LR CAYRBExi � x]N#6 GiC61WCR �utr�pu WYATT HART OIL–40WES Ep.jj"— jipViD rl SwEt�L1N $FORCsE SC�nata3R4U� w February 14, 1998 (. �W Toll Bnroth , Inc. I � '3103 PhihrLoot Avenue fluntirgcon Valley, PA 14006Facilifics TI Re: C I i titter citntlernen: Thank you.for the certificate vf.insusanre received by thr City of san Dasa C_api_sttw on lauuary 20, 1998. Although the certificate lists the City of Sar;Juan CaPist mO and the Cxpxstr�Valley Water Dist net as additional ins=ds we do rquire aux endorsement form- This form has baen requested several ti mes- please send the endorsement form to the City,attention City C'lerk's office, by March 10, 1398. If you Have any questions please call me at(714) 443-6310- Thank 310-T hank you far your coopcmtion- Very trldy yrsura, Dawn MW SC.1iaxrderl Deputy City Clcxk CC' Cheryl Johnson, City Clerk John Shag, City Attorney Craig Harris,Enginmriug Sam Shouca ir, Senior Engineer 32400 PASLa ADELANT0. SAN JURM CApISTK^NO. CALIFORNIA 92673 • (714) Aga-71-71 02/27/98 FRI 12.19 CTI/tX NO 54273 ACOR- PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE THE SIMKISS AGENCY,INC. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 150 RADNOR CHESTER ROAD ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ST.DAVIDS,'PA 19087-8710 COMPANIES AFFORDING COVERAGE COMAPANY E-RAL ACCIDENT r- INSURED COMPANY 9Dfvi7Sl j TOLL BROTHERS, INC. �EM P 3103 PHILMONT AVE. B _" HUNTINGDON VALLEY, PA 19006 COMPANY I-) C rrs j4e wMft -d _C0_MPmN_Y_ '_."Ez r(7 D 10�� g M' g gg' i THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE PO 4�' PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO HIGH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LIR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE(MMIDDr(Y) DATE(MM/DDtYY) I GENERAL LIABILITY CGL500448-05 7/l/97 7/1/98 �GENERAL AGGREGATE N/A ­ I A XUIIGOMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOP AGG 2,000,000 CLAIMS MADE OCCUR I PERSONAL&ADV INJURY S 1,000,00 i OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE S 1000,000 -FIRE DAMAGE (Anyone fire) $ 25-0.qpp_ MED EXP (Any one person) $ 5,000 AUTOMOBILE LIABILITY BA0070578-05 7/1/97 711/98 A X ANY AUTO COMBINED SINGLE LIMIT $ 1,000,000 X ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS (Per person) X HIRED AUTOS 8OD1LY INJURY (Per accident) X NON-OWNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE EXCESS LIABILITY i EACH OCCURRENCE —.1. ........... UMBRELLA FORM AGGREGLTE_____ OTHER THAN UMBRELLA FORM ER LIMITS WORKER'S COMPENSATION AND WC0161102-05 /1/97 7/1/98 X TOR A EMPLOYERS' L LIAMLITY i I EL EACH ACCIDENT 100,000 THE PROPRIETOR/ 'EL DISEASE-POLICY Limrr $ PARTNERSIEXECUTNE rx I INCL OFFICERSARE: I EXCL E EL ISEASE-2A EMPLOYEE! 100.000 OTHER DESCRIPTION OF OPr=RATIONSILOCAr)NSIV'ERFEEZIM 0W ITEMS *CITY OF SAN JUAN CAPISTRANO&CAPISTRANO VALLEY WATER DISTRICT ARE ADDITIONAL INSURED WITH RESPECT TO THIS POLICY, ....................... .. "m 0" m 1:15 71� SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF SAN JUAN CAPISTRANO EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL CAPISTRANO VALLEY WATER DIST 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ATTN CITY CLERKS OFFICE BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 32400 PASEO ADELANTO OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. SAN JUAN CAPISTRANO CA 92675 AUTHORIZED REPRESENTIVE WE'N.N­ m g ?5zg g :.-:. :. TE MMIDDIYY %'. Lo 6JLd 'i6 ':-:. 7i= cGaE ... + .....:... '�a:.................... ......::..::.:... •::::•::::.......... 3116196 . INFORMATION C:>•::;�:_IS ISSUEDAS A MATTER OF PRODUCER THIS~GERTIFI AT ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE THE SIMKISS AGENCY, INC. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 150 RADNOR CHE=STER ROAD HE COVEHAQg AFFORDED BY THE POLIC199 99LOW. ST. DAVIDS, PA 19087-8710 COMPANIES AFFORDING COVERAGE COMPANY A GENERAL ACCIDENT INSURED TOLL BROTHERS, INC. COMPANY 3103 PHILMONT AVE, —.--.-- — -- HUNTINGDON VALLEY, PA 19006 COMPANY G COMPANY D ::'-cu:r.i•;;::.::•:.a•::.::::::::::::.�:.�::::.�.:.•::•a:•:::v:::::::::::::::::.::.::..:::::: .... :..:::'::::':"::::<:::c::v::t i:;i:•:;:.:;:.:..:....;%. .ir:;•>i:�_:::'::-i?;`;:::•`.::::;"i%;•:•t•:-•xii;::ii:<tri:i::%:i:`%. :n;:::.i:':::::i::...iv::::::::�.v:::•:n•:.:...::v:.r::.�:/_;::•.:•:;:•s:.:.:::._..•.:r::....:.+.:.:%:.:::.:.::..v::.::�-::::::i:..�}::::.r.:i::ti::.::.:::.�..�.,._;:i•:::::::::.:�.:.:::::.!"•:::.:..;:ti.iii::.i:•'..::.::•..i':J:':::i.S. ; :;:{.,::ii:i::•�::v:..::•.v-.{.:.v,.....::::'.ii ii::::::•:::::::r•':-:n�'::.�,.}......... :�%':%:-:'::f:.:':::i. L i::2:: .: .. .. - '.5�.'4l�;dFf�YF:A3P............:...:....r.....r.r.........r.r .... ....:.;::.�...�.....::.r+isC:iti'.-'^::i:->::..:::v.:::.:.:::::.... :.......... .-......,.........;.....-..-.:.... .r5. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE _ - POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MMIDDIYYI DATE(MMIDDIYY) GENERAL LIABILITYCGL5004484-03 711195 711196 GENERAL AGGREGATE $ _ NIA A COMMERCIAL GENERAL LIABILITY PRODUCTS.COMP/OP AGO S 2,000,000 I CLAIMS MADE FX]OCCUR PERSONAL&ADV INJURY $ 1,000,000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 F€REDS DAMAGE(Anyone fire) $ 250,000 MED EXP (Anyone person) $ 5,000 AUTOMOBILE LIABILITY BA0070578-03 711/95 711196 COMBINED SWGLE LIMIT $ 1,000,000 A ANY AUTO X ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS (Per person) _ X HIRED AUTOS BODILY INJURY $ XI NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE ' $ I GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: I EACH ACCIDENT S AGGREGATE j EXCESS LIABILITY EACH OCCURRENCE Is UMBRELLA FORM AGGREGATE $ __ I OTHER THAN UMBRELLA FORM $ WORKER'S COMPENSATION AND we srATu otR V�lGQ1c"s11f�2-03 � 7li195 711f96 ' X roRVUnrsrrs ��]�s� A EMPLOYERS'LIABILITY EL EACH ACCIDENT $ 100,000— THE 00 000 ThiE PROP OR/ X INCL l EL DISEASE-POLICY LIMtT' I�p,000 PARTNERSIEXECU'nVE OFFICERSARE: EXCL ELDISEASE-EA EMPLOYEE; $ 100,000 OTHER € DESCRIPTION I F OP TIONSILOCATIONSIVE ICL SIS S *CITY OF SAN JUAN CAPISTRANO IS ADDITIONAL INSURED WITH RESPECT TO THIS CONTRACT, THIS POLICY. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF SAN JUAN CAPISTRANO EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MALL ATTN MATT TINGLER 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 32400 PASEO ADELANTO BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY SAN JUAN CAPISTRANO CA 92675 OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE . :. OIC: :'� t::.::::.::.:...........::.::•.:.i:::::•:_•.._,r_•.r- :::.::.:;,.r...,.r.�.-.r.r ....... ..:... :,:;.>:>-•: P 4 C ORLd BATE( 1YY� 1//14f914/9 8 "a„ i/i .�., , n �,,, ,.,, PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE THE SIMKISS AGEMCY,INC, HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 150 RADNOR CHESTER ROAD ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ST. DAVIDS,yPA 19087-8710 _._ COMPANIES AFFORDING COVERAGE co ANY GENERAL ACCIDENT INSURED COMPANY TOLL BROTHERS, INC. 3103 PHILMONT AVE. B _ V' HUNTINGDON VALLEY, PA 19006 1 cpMPANY � a C r=� COMPANY _ --`� i , ' Aa THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POPP, PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO` RICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED B YTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. E CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE E POLICY EXPIRATION LIMITS LTR DATE(MM/DDIYY) DATE(MMIDDIYY) GENERAL LIABILITY CGL500448-05 " 7/1/97 711198 GENERAL AGGREGATE $ ..,,,._. . .,.__._ N/A A X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOP AGO $� 2 000 000 € CLAIMS MADE OCCUR ! PERSONAL S ADV INJURY $ 1,000,000_ .owNEE2's&CONTRACTOR'S PROT! EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ 250�g00 MED EXP{Any one Person) 1 5,000 AUTOMOBILE LIABILITY BA0070578-05 711/97 711!98 X COMBINED SINGLE LIMIT 9 $ 1,000,000 A ANY AUTO X ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS (Per person) X I MIRED AUTOS BODILY INJURY $ - Y X NON-OWNED AUTOS (Per accident) -----.---- ._--- _...._.._ _ PROPERTY DAMAGE $ E I GARAGE LIABILITY I AUTO ONLY-EA ACCIDENT $ ANY AUTO I OTHER THAN AUTO ONLY: € EACH ACCIDENT [ $- AGGREGATE i $ I EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM .$ . O LMme$ CTHR WORKER'S COMPENSATION AND €WC0161102-05 7/1/97 7/1/98 X _ A > EMPLOYERS'LIABILITY I E ACH ACCEDENT IS 100,000 j THE PROPRIETOFif ........ 1 INCL { I EL DISEASE-POLICY LIMIT $ 500,000 .... PARTNERSIEXECUTIVE € I "_.-- . ........ OFFICERS ARE: JEXCLI EL DISEASE-EA EMPLOYEE $ 100,000 I OTHER I DESCRIPTION OF OPERAriONSILOCATIONSIVEHICLESJSPEciAL ITEMS "CITY OF SAN JUAN CAPISTRANO&CAPISTRANO VALLEY WATER DISTRICT ARE ADDITIONAL INSURED WITH RESPECT TO THIS POLICY. .....;�,ti SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CI"T"Y OF SAN JUAN CAPISTRANO EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL CAPISTRANO VALLEY WATER DIST 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ATTN CITY CLERICS OFFICE BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 32400 PASEO ADELANTO OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES, SAN JUAN CAPISTRANO CA 92675 AUTHORIZED REPRESENTATIVE� 0`00' 'yv: i Ya'/ i' w 1 1 - z ';'si`:sfc•>t L' vff.� ',g Am 04 ° a ` fijr/' ✓1' / �,�f �z€ rC%9],�,- i ACcZt`+, - '�\ ' ` ',.�... :. ................. DATE(MM/DtWj .................. 3/1 �"T ..... 'I 5/96 . .. .... 'R. PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE THE SIMIKISS AGENCY, INC. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 150 RADNOR CHESTER ROAD AL1911 THE COVERAGE AFFQRDED BY THE POLICIES BELOW. ST. DAVIDS, PA 19087-8710 COMPANIES AFFORDING COVERAGE COMPANY A GENERAL ACCIDENT INSURED TOLL BROTHERS, INC. COMPANY 3103 PHILMONT AVE. 8 HUNTINGDON VALLEY, PA 19006 COMPANY COMPANY D . ..... . .. .. .. .. ... ...... . ................ .......... .... .. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CO I POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTRI TYPE OF INSURANCE POLICY NUMBER DATE(MMIDDIYY) DATE(MMIDDIYY) I GENERAL AGGREGATE $ NIA GENERAL LIABILITY CG L5004484-03 7/1/95 711/96 i A X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOP AGG $ ---2,000,000 =CLAIMS MADE [XI OCCUR PERSONAL&ADV INJURY $ 1,000,000 OWNERS&CONTRACTORS PROT EACH OCCURRENCE $ 1,000.000 FIRE DAMAGE (Anyone fire) $ 250,000 MED EXP (Any one person) $ 5,000 AUTOMOBILE LIABILITY BA0070578-03 7/1/95 7/1/96 COMBINED SINGLE LIMIT 1,000,000 A X ANY AUTO ----- X ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS (Per perso.n) X HIRED AUTOS BODILY INJURY (Per accident) 1 X NON-OWNED AUTOS PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY-EA ACCIDENT ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT S AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE UMBRELLA FORM AGGREGATE OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION ANDVVC0161102-03 711195 711/96 MY A EMPLOYERS!LIABILITY EL EACH ACCIDENT 100,000 THE PRORRIErORI INCL EL DISEASE-POLICY LIMIT 500,000 PARTNERSIEXIEWTNE OFFICERS ARE: N EXCL, FELL ZliEASE-EA EMPLOYEE $ 100,000 OTHER DESCRIPTOR OF OPERATIONSIE(jCATIONSfVERICLESISPECIAL ITEMS *CITY OF SAN JUAN CAPISTRANO IS ADDITIONAL INSURED WITH RESPECT TO THIS CONTRACT, THIS POLICY. ........... SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF SAN JUAN CAPISTRANO EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ATTN MATT TINGL ER 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 32400 PASEO ADELANTO BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY SAN JUAN CAPISTRANO CA 92675 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. . ........ AUTHORIZED REPRESENTATIyf ENDORSEMENT Not Valid Unless Signed By A Duly Authorized Representative Of The Company Endorsement no. -- General Accident Insurance []The Camden Fire ❑Pennsylvania General ❑Potomac Insurance Company of America Insurance Association Insurance Company Company of Illinois Place of issue Date of issue 1911511M., PA —.t 12/28/94 —. Endorsement effective (standard time)Month Day Year Amending policy no. Hour 12 z 01 A M ? i ]l � 94 � 5 04484-QZ Issued to Tffil aRvsEps, Inc. _ W— State code Agent code Agent name 73Q408 Tt:3IE SIWXSS bier I>ttfC. The above information is not required when this endorsement is issued with the policy. This endorsement is subject to all the agreements, conditions, and exclusions of the policy. The policy is amended as indicated by typewritten entry below. IN C=SID=MT0K OF THS PRENIM CHARGM, IT IS AQRMW TAA.T ENDORSE' 6--1887.--S (9) ADDITIONAL INSURM IS VELETM FROM THE POLICY. IT IS FURTHER AGREW TEAT EKDORM Gr-1881—S (9A) ADDITIONAL IHSS IS ADDED TO T$8 POLICY. Additional premium Return premium r e ?7ajuthori ze pre v � ? � G-1881-S Rev.7.86 ENDORSEMENT Not Valid Unless Signed By A Duly Authorized Representative Of The Company Endorsement no. Genera) Accident insurance ❑The Camden Fire ❑Pennsylvania General ❑Potomac Insurance Company of America Insurance Association Insurance Company Company of Illinois Place of issue Date of issue PHI *, PA X2/28/94 _— Endorsement effective (standard time)Month Day Year Amending policy no. Hour 1201 'A M. €_.- 7 € 1 E 94 CGL04484-02 Issued to - TOLL 0M.,_luC. State code Agent code Agent name € 30408 € TSI SINKISS AGENCY, INC. The above information is not required when this endorsement is issued with the policy. This endorsement is subject to all the agreements, conditions, and exclusions of the policy. The policy is amended as indicated by typewritten entry below. THIS CHANGSS THE POLICY. PLEASE READ IT SLY. THIS MDIFIM INSURANCE PROVIDED UNDER THE FOS: SAL GENERAL LIABILITY COVERAM PART. WHO IS AN INSUMM (SECTION II) IS AMMED TO INCLUDE AS AN INSURED ANY PERSON OR ORGANIZATION YOU HAVE AGREED TO ADD TO TEIS POLICY As AN ,ADD"ICTICKAL INSURED By ONLY WITH FJ&SPZCr TO LIABILITY ARISIRG OUT OF YOUR OPttPJMoNS OR PIL»TSES OUR= BY OR RENTED TO YOU SUBST TO THE FOLLOWI-ING: TW HAUS AGREED IN A WRrfTEN OR ORAL CONTRACT TO ADD TH&T PERSON OR EWGANIZATION AS AN ADDITIONAL INSURED TO YOUR LIASILITy nisuRamm POLICY; 2. THIS ENDORSEKENT WILL *OT TAS EFFECT FES, THE BENIEFIT Off' ANY ADDITIONAL INSURED UNrJ rS THE FLING OCCURS PRIOR TO LOSS AND DUVJ= TM POLICY PERIO D i AND 3. TEM COQ PROVIDED TEE ADDITIC9NAL INSURED IS T88 LESSER OF THE . A. ME TENS, C;°ONDMOMS AND Lnn€VS EDF TEM POLICY; a. THE R] Ummumm. Additional premium Return premium $ $ Si �-frof le �io � G-1881-S Rev.7.86 ENDORSEMENT Not Valid unless signed by a duly authorized represe.0tative of the company Genera) Accident Insurance Potorrsac Insurance The C_amderi Fire ��Pennsylvania General Company of America Company of Illinois insurance Association Insurance Company Amendment ofDeclarations Page Agent Name T= S3 KKXSS9 ICY, INC. Commercial General Liability Endorsement no. 20 Date and place of issue 6/22/95 PHM&., PB Endorsement effective Amending policy no. Month Day . Year ( CGL SM4484-03 7 1 95 Issued to TOLL BROTH88.S, INC. This Endorsement modifies the Policy for which a specific entry is shown below. All other provisions of this insurance continue to apply. Declarations page Item no. ITIM 2. POLICY PP,RIC?d1 IS affil .AS FOLLOWS: 7/1/95 -- 7/1/96 Item 3 Limits of insurance General aggregate limit {other than producl5-corm}€eted opefatiomll _ Lich occurrence limo Products-completed operations aggregate limit $ Fire damage limit any one fire Personal & advertising injury limit Medical expense limit __ any one persc Item 6 Rate Rate Advance Premium Location I C 1,mitk awin Terr. Code no Premium BasiN Prcmiw.q Prod Lit ltil('urrrplYW111I1eq Prerduos.0 on-q� r.rtion, 10perations . 10peration5 IOpvr,ilfont I I ¥ t I CQPU110SITS PATE 1999 I I 1 t I I I I I I I I I I I I I I I I I I I Total Additional premium Return premium State code no. Agent code no. 37 _._�. 730408 _.._. Revised installments Date due 1 Original installment Increase/decrease 'Revised installment 7/1/% Authorized representAve L-2708 6.87 ny,. 4.pw ;mp>tt:.r; •'${} ver,.'; }:i��: :.4a,- l z ss, y�yY$' 4 Y (,p,1481DDI ]) <r• 4:. 1 1}II AORD 3L3C TiiESTIFiAT $.�`8 ,"aLt f1 I4T . ..:: z- ' �{ F�#iVFOF:tTiON qE OI L` JFE S e0 �C 31T P HE OtKnFI ATS StPt�FCC S AGEPC"~, INC, Ii LC3E TiiiS Ei �CFtCATE d3 ES PfOT AFlEND, EXTEND OR M RADi~OR CHESTER ROAD POLICIES BELOW, T',DAVIDS,PA 79087-0711 CC7MPA lIE A FC34 i31�1 CtayE# AGS ^a A rtGENERAL ACCIDENT A R>wt? TOLL aROTHER$, INC, j Earn A"Y 31W PHILMONT AVE, 8 HUNTINGDON VALLEY, ISA 19006I WOMr'arar C COMPAW t3 ri.� u1:vyWN ..'`haNJi"IAti, ..�3w.v.;z t :•.4`ti^:Y"'2" INDICATED,NOTWITHSTANDING ANY rZEQUfR5MJ!HJT,'FERMI OR CON�}MQN OF ANY CONTRACT OR OTHER I»SL1QUMENT WITH RESPECT TO WHICH THIS NM1 THIS IS TO CERTIFY THAT THE FC1l ICii=5 OF INSURAf�ICE LiST9Q BELOW HAVE SEEN t5 : :~ SIZER TO THE INSURED NAMED ABOVE FOR Tl�E POLICY PERIOD CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE W5URANCE AFFORVE0 B Y THE POLICIES DESCRIBED HEREIN IS SUBJEQT TO ALL THE TERMS, EXCLUSIONS AMIE?CONDITIONS OF SUCH POLICIES,LIMIT$SHOWN MAY f-AVE BEEN PEDUCE'D BY PAID CLAIMS TYPE OF NS MMIZEF`9LICY EFFECTNR POLICY=XPIFkA oN€ I QLIf�YtdEiMl�ER QATC-tMMtDRrY'�) I QAT15(tAa91�JoNrj 'I Lllf iTS defidJ i.i [tITY ICGL5500446-0'6 7/l/97 7l1I 3 r" r' ;�cn- NJA GE � � µ A FCAa = If CCWMC;RClAL GENEnAL LIABILITY Pqlc'')V ` .r L"`7i'f7p AGG 7 :I,A fS MAIDE I ^C JR r=Ep Ori1At P.AGv ' ji 11 . T007,007 �,���s1c:or,r�r�>v=•::�a�sr�c;r ; arHr�Gr-�'���rrl< a " CtflO�l#�Q E AMArr �ry:ner� I � 26LOgC7 AdITOMOBfLE L1AB141TY j App70v7 -170 711197 711199 7/,7 ANY AUTO � � .� 1:00-0,000 T ALL OWNED AUTCS I I 3 V.U-1LY N iLIRY SCHEOULEUAUTQ15 X1 �iIR€DAUTQO I f3CRtLYIN,i�;S'v TNON OWNED AUTOS i1Hf_PEP"-DAI.WvE � I CA"CE 4"ILITY ? I AG'T4ONLY EA:a -u MT ANY AUTO 1 j v I'HERL NIAN AUTO r L EACH AGQJE�Tf aGGPEt;ATE ( $ EXC$$SLf401(.IT{ EACHQCCL'PFCM1^.;:[ 5 UMBRELLA FORM GTI-cR[HAN Uv E-Rt-LLA rQi:M ' a I We 27A%w Tri I WC01611 R2-05 71 I f97 711 I9� �I ter« �'IT'_ �a Cfi1C5R'S COMPENSATION AND i INPLOYMASI LIARwT f c �EL UAC-11 100,000 [tom Y4PfdET!;Fd r,(� Fes, i I pa37TTdE.�'E<ECalvf: ` r=L OISERSF-FrX:a;'a'L"r`r` 1 $ 500.000:: FFIc�Rs Uze Dl'm-A�c F-A eMPW7F I T 1 00=0 OTHER i � � I I I 1 r tTFMON OF OiPr;;'RAT1ONM4CAM PICLOWMAL tMMS JJ 7.:V,::�e%Jr�+i}f •• .:rrmn4 .Y \ /l ':.v.:w�uv.w:.:w••wwwv. '••f:!:'i SHOULD AW OF THC ASQVC-DESCRIBED POLICIES BE CANCELLED SEFQRE TttE CITY OF SAN JUAN CAPISTRANO EXPRATION rArE'CHEREQF, THE I$WNO rOMPANY VLL ENDRAVQR TQ MAIL CAPISTRANO VALI_i WATER 01-ST 30 QAY$WRIMN NOTICE TO T]4r=CERTIFICATE HOLDER 14AMED TO THE 1_4rr, BUT FMLJRE TO MML SUCH N611=VALL IMPQSE NO OBLIGA'nON OR€,1ASILrr- $2400 PASEO ACELANTO AF ANY KN ?GN THE COMPAW. ITS AIIPNT R aEFRESENTATRIF'S. SAN JUAN CAPISTRANO CA 92676 AIITI��I R$�iiESEl1TA7iVE .�.Ok e7iM�!•.iJ►:�Yi34`�•l':rrws�r-: :rr, ..-..,.,..t{, '-w�r;v. '��i ..,. � :: .. ., �'i''-•--, ..... ....�iti.'.'ir�i'!4�nM[9hi.K'J4M,'rr'� a _ f TOLL BROS.,INC, C � � '� ? 4b 3103 PHILMONTAVE, _ HUNTINGDON VALLEY,PA 19006 CHECK D A T f- 0 3 J 0 6/9 t6 215-938-8000 3., r INVOICE NO. INVOICE DATE ! s,^^V COMMENT GROSS DEDUCTIONS AMOUNT PAID j f7`-:; t 03 (71 1 ;5 .3, 1.G!.M`'+v 'tFES : E TOLL BROS.,INC. s 3103 PHILMONT AVE. -CHECK I?dl' HUNTINGDON VALLEY, PA 19006 PEC ��� ���►�� (215)938-8000 PHILADELPHIA,PA. VENDOR NO: 0450K DATE 193 ff,s11 .�r INV ;LM SIX MONTHS AFT= SSU I--R DATA �<�� � PAY F Y T H R F E AND D0 10 0 Pg'�?".c>`r TO THE05 ORDER OF 1,1,i,I1 11-v..gr�' P* 0- BOX 233 �� ' 1, l ' SANTA ANA CA 72702 11' 20046 Sul 1:0 3 10000 5 31: 8 5 1 1 1 2 20 141I" 7. APPROVAL OF RESOLUTION NOTICE OF COMPLETION ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF SURETY TRACTD 13726 TOLL 600.30 BROTHERS INC /ESTATES OF SAN JUAN CAPISTRANO LP As set forth in the Report dated September 19, 2000, front the Director of Engineering and Building, the following Resolution was adopted accepting the public improvements and authorizing release of the Surety'for Tract 13726: RESOLUTION NO. 00-9-19-2 COMPLETION OF IMPROVEMENTS AND RELEASE OF CORRESPONDING BONDTRACT 13726 ESTATES AT SAN JUAN CAPISTRANO, L.P./TOLL BROTHERS _A RESOLUTION OF THE----ITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF IMPROVEMENTS WITHIN TRACT 13726 (ESTATES AT SAN JUAN CAPISTRANO, L.P./TOLL BROTHERS) The City Clerk was directed to forward a Notice of Completion for the public improvements within Tract 13726 to the County Recorder. The following bonds will be released 35 days after recording the Notice of Completion: Surety- National Fire Insurance Co, of Hartford Bond #138090245 1MPravement Amount Bond #138090231 Street $442,408 Bond #138090228 Irrigation $436,472 Bond #138090214 Storm Drain $560,$06 Bond #138090181 Sewer $143,564 Monumentation $ 40,000 8. _APPROVAL OF RESOLUTION NOTICE OF COMPLETION AND FINAL REPORT-- LOS BIOS ENTRY PLAZA GREEK'S CONCRETE 600. 3� As set forth in the Report dated September 19, 2000, from the Public Works Director, the following Resolution was adopted accepting the work as complete in the total amount of$19,520.25: RESOLUTION NO. 00-9-19-3 COMPLETION OF LOS RIOS ENTRY PLAZA PROJECT—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 LOS RIOS ENTRY PLAZA PROJECT The City Clerk was directed to forward a Notice of Completion for the Los Rios Ent Plaza public improvements to the County Recorder. rY City Council Minutes 9/19/00 Jwwm 32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO, CA 92675 IAtilA7AAAF£A THANE L.BATHGATE S COLLENE CAMPBELL (949)493-1171 ° fSFAAt€sA[A 1QS1 JOHN GREINER (949)493-1053 (FAX) 1776 WYATT HART m ® [)AVID M.SWERDLIN e o CITY MANAGER GEORGE SCARBOROUGH September 28, 2000 Mr. Robert Frakes Toll Brothers, Inc. 2100 West Orangewood Avenue, Suite 180 Orange, California 92668 Re: Completion of Public Improvements and Release of Bonds - Tract 137261 Dear Mr. Frakes: At their meeting of September 19, 2000, the City Council of the City of San Juan Capistrano adopted Resolution No. 00-9-19-2, accepting the work completed for the p construction of improvements within Tract 13726. A copy of Resolution No. 00-9-19-2 is enclosed for your information. The Bonds may be released upon the expiration of 35 days from recording of the Notice of Completion. The Notice was recorded on September 26, 2000, therefore, the bonds may be released on October 31, 2000. If you have any questions, please do not hesitate to Sam Shoucair, project manager, at 949-443-6355. Very truly yours, Cheryl John on City Clerk Enclosure cc: Hunsaker & Associates (with enclosure) Estates of San Juan HOA (with enclosure) Director of Engineering and Building (with enclosure) Sam Shoucair (with enclosure) �s Sari ,luan Capistrano Preserving the Past to Enhance the Future AGENDA ITEM September 19, 2000 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering & Building SUBJECT: Consideration of Resolution, Notice of Completion, Acceptance of Improvements and Release of Surety, Traact 13726 (Toll Brothers, Inc./ Estates of San Juan Capistrano LP.). RECOMMENDATION Adopt the Resolution to: 1. Accept the improvement work within Tract 13726 and authorize the release of the corresponding bonds from "Estates of San Juan Capistrano LP". 2. Authorize the City Clerk to file a Notice of Completion for the improvements within Tract 13726 with the Orange County Recorder, SITUATION A. Summary and Recommendation Estates of San Juan Capistrano LP has requested the City to release the improvement bonds held by the City. With the exception of minor maintenance items and certain access road that needed to be provided within a public drainage easement, all improvements were completed about two years ago. The final improvement work has been recently inspected and satisfactorily completed. Staff recommends the release of the corresponding bonds. B. Background Estates of San Juan Capistrano LP, also known as Toll Brothers, Inc.,, developer of 63 homes on approximately 46 acres of land subdivision in Tract 13726, planning area H, (southerly terminus of Camino La Ronda), has completed the improvement work as required by the Tract's Conditions of Approval and the Subdivision Improvement Agreement. The Final Map, along with said Subdivision Improvement Agreement were approved by the City on March 5, 1996. FOR CITY COUNCIL AGE -- ]D-� Agenda Item September 19, 2000 Page 2 With the completion of the improvements as noted in the summary above, the bond release is recommended as follows: SURETY COVERAGE TYPE OF AMOUNT TO BE (National Fire Insurance IMPROVEMENT RELEASED Company Of Hartford) Bond # 138090245 Street $442,408.00 Bond # 138090231 Irrigation $436,472.00 Bond # 138090228 Storm Drain $560,806.00 Bond # 138090214 Sewer $143,564.00 Bond # 138090181 Monumentation $40,000.00 COMMISSIONIBOARD REVIEW RECOMMENDATIONS None FINANCIAL CONSIDERATIONS None NOTIFICATION Toll Brothers, Inc., Developer Hunsaker & Associates, Project Engineer Estates of San Juan Homeowners Association ALTERNATE ACTIONS 1. Adopt the Resolution to: Accept the improvement work within Tract 13726 and authorize the release of the corresponding bonds from "Estates of San Juan Capistrano LP". 2. Do not adopt the Resolution. 3. Refer to Staff for additional information. Agenda Item September 19, 2000 Page 3 RECOMMENDATION Adopt the Resolution to: 1. Accept the improvement work within Tract 13726 and authorize the release of the corresponding bonds from "Estates of San Juan Capistrano LP". 2. Authorize the City Clerk to file a Notice of Completion for the improvements within Tract 13726 with the Orange County Recorder. Respectfully submitted, Prepared By: William M. Huber, P.E. am Shoucair Director of Engineering & Building Senior Engineer WMHISS:ss attachment: Resolution Notice of Completion Location Map CAWPWIN601WPD0 AGENDAITR13726F.WPD A TTA CHMENT #1 RESOLUTION NO. 00-9-19-2 COMPLETION OF IMPROVEMENTS AND RELEASE OF CORRESPONDING BONDS TRACT 13726 ESTATES AT SAN JUAN CAPISTRANO L.P./TOLL BROTHERS 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 IMPROVEMENTS WITHIN TRACT 13726 (ESTATES AT SAN JUAN CAPISTRANO, L.P./TOLL BROTHERS) WHEREAS, on the 5th day of March, 1996, the City of San Juan Capistrano entered into a Subdivision Improvement Agreement with Estates at San Juan Capistrano, L.P. providing for the construction of certain public and private improvements within Tract 13726; and, WHEREAS, Estates of San Juan Capistrano, L.P. has requested that the City determines that the improvement work within Tract 13726 is complete and the following corresponding sureties may be released accordingly: Surety Coverage Type of National Fire Insurance Co; of Hartford) improvement Amount Bond No. 138090245 Street $442,408 Bond No. 138090231 Irrigation $436,472 Bond No. 138090228 Storm Drain $560,806 Bond No. 138090214 Sewer $143,564 Bond No. 138090181 Monumentation $ 40,000 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano as follows: SECTION 1. That the work required to be performed by said Developer has been completed. SECTION 2. That the work is hereby accepted and approved. SECTION 3. That the above-referenced sureties may be released 35 days after recordation of the Notice of Completion. _1_ 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. PASSE®, APPROVED, AND ADOPTED this 19th day of September , 2000. i s OLLEN ANIPBE I-, MAYOR ATTEST: )WIA t 1 CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) 1, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, }O HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 00-9-19-2 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the -Lqt--h day of September 2000, by the following vote: .AYES: Council Members Bathgate, Greiner, Hart, Swerdlin and Mayor Campbell NOES: None ABSTAIN: None ABSENT: None (SEAL) CHERYL J HNSON, CITY CLE K -2- A TTA CHMENT #2 ATTACHMLNT O TOLL BROTHERS VI NITY MAP i t t TOLL BROTHERS TR13726 i I � � f� t •�t E r ��? e't n 0.4,E 0.8 Maes S , Cop Not r (ed Wth origmak � �i I ! MEMEERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO, CA 92675 }, '" IatawPawBiEw DIANE t.SATHGATE ® } COLLENE CAMPBELL (949)493-1 171 EsrwallswEn @961 JOHN GREINER (949)493-1053 (FAX) 1776 WYATT HART ® ® DAVID M.SWERDLIN ® CITY MANAGER GEORGE SCARBOROUGH September 21, 2000 Clerk-Recorder's Office County of Orange P. O. Box 238 Santa Ana, California 92701 Re: Notice of Completion Gentlemen: The following document is enclosed for recordation: Notice of Completion of Improvements in Tract 13726 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, Cheryl Johnson Recorded in Official Records, County of Orange City Clerk Gary Granville, Clerk-Recorder Il it I II' Ilii' IN IIT I. 111 ''I'll 111II!'ll. �r �� Lt Enclosure 20000500240 03:29pm 09120100 109 11 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 01.00 0.00 San .Tuan Capistrano: Preserving the Past to Enhance the Future lAEtu€BERS OF THE NE €L MFBE CQI.E.ENE GAMPSEL WYATT MART 1r€3WkIT!t GILJONES Esraar�s re 19 1 CARO€.YN NASH 1776 DAVID SWERDUN 0 0 CfTY MANAGER GEORGE SCARBORV,GH March 11, 1996 Mr. Jay Deckard Toll Brothers, Inc. 2100 West Orangewood Avenue, Suite 180 Orange, California 92668 Re: Subdivision Improvement Agreement - Tract 13726 Dear Mr. Deckard: At their meeting of March 6, 1996, the City Council of the C:y of San Juan Capistrano approved the Final Map for Tract 13726, based on its conform&ice to the requirements of the Subdivision Map Act and the previously approved T-antative Tract Map. The corresponding Subdivision Improvement Agreement was -:proved and the sureties accepted. An original of the Subdivision Improvement Agree7ent has been forwarded to the Orange County Recorder's office. A fully-executed copy of the Subdivision Improvement Agreeme--, is enclosed for your files. Please feel free to contact Sam Shoucair at 443-6356 if you -ave any questions. Very truly yours, Cheryl John` on City Clerk Enclosure CC' Brian Johnson Hunsaker & Associates Leighton & Associates Engineering and 8uiiding Director (with copy c= Awree­_nt) Sam Shoucair (with copy of Agreement) 32400 PASEo ADEI ANT0, SAN JUAN CAPISTRANO, 92675 e (714) 493.1171 J I / MEMBERS OF THE CITY CO€JNC$L COLLENE CAMPBELL f�y WYATT HART cosraa rro C CA ROLYN LYNNASH 1776 DAVID SWERDLIN i • CITY MANAGER GEORGE SCARBOROUGH March 6, 1996 Kelly Leonard First American Title Co. 114 E. 5th Street Santa Ana, CA 92701 Re: Final Map Recordation, Tract 13726, Toll Brothers (OR No. 9538286) Dear Ms, Leonard: Please find enclosed, the original mylar (8 sheets) of the referenced document for recordation with the County Recorder. The Recorder's office is to return, via your title company, a mylar copy of recorded map to the City Clerk upon recordation. The second set of mylar copy is to go to the owner (Toll Brothers, attention: Mat Tingler). The City requires from the owner or his designee, six sets of blueprints of the recorded map. Very oars X. �Z'C r Sh r S 'or gineer SS:ssg enclosures cc: William M. Fauber Cheryl Johnson a;lsa m\1ettersl3-Eitoll.let 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 2. RECEIVE AND FILE WARRANTS OF FEBRUARY 14 1996 (300,39J The List of Demands dated February 14, 1996, in the total amount of$319,797.98 was received and filed. 3. RECEIVE AND FILE CASH BALANCES BY FUND FOR JANUARY 1996_ (330,50) The City Treasurer's Report of Cash Fund Balances for the month of January 1996 in the total amount of$59,679.24 was received and filed. 4. AWARD OF CONTRACT - 1996-97 WEED ABATEMENT PR GRAM ED STEWART &_ASSOCIATES) (600.3M As set forth in the Report dated March 5, 1996, from the Public Lands and Facilities Director, the bid for the abatement of weeds for the two-year period of 1996 and 1997 was accepted as complete and the contract awarded to the lowest responsible bidder, Ed Stewart & Associates, in the total amount of$26,883.42, or$13,441.71 per year. All other bids were rejected. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. 5. FINAL MAP AND SUBDIVISION IM PL( VEME T AGREE NT TRACT 13726 TOLL BROTHERS) (600.30). As set forth in the Report dated March 5, 1996, from the Director of Engineering and Building, the Final Map for Tract 13726 (Planning Area H) was approved, based on the finding that the Map is in conformance with the Subdivision Map Act, the approved Tentative" Map, and the conditions set forth by City Council Resolution No. 91-6-18-4, The City Engineer and City Clerk were authorized to execute the Final Map, and the Mayor and the City Clerk were authorized to execute the Subdivision Improvement Agreement and accept the corresponding securities. The City Clerk was directed to record the Map and the Agreement with the County Recorder. 6. RE L TION A EPTING EA EMENT DEED FOR EMERGENCY AND CONSTRUCTIQN ACCESS - LOT D TRACT 13865 LEACIFIC C !1WI ITY BUILDERS, 670.50) As set forth in the Report dated March 5, 1996, from the Engineering and Building Director, the following Resolution was adopted accepting the Easement Deed for emergency and construction access purposes (sewer, drainage, and trail facilities) within Lot D of Tract 13865: City Council Minutes -3- s z AGENDA ITEM March 5, 1996 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering& Building SUBJECT: Approval of Final Map and Subdivision Improvement Agreement, Tract 13726 (Toll. Brothers) RECOMMENDATION I. Approve the Final Map for Tract No. 13726 as it conforms to the requirements set forth in the Subdivision Map Act and the previously approved Tentative Tract Map conditions. 2. Authorize the City Engineer and the City Clerk to execute the Final Map. 3. Authorize the Mayor and City Clerk to execute the Subdivision Improvement Agreement and accept the corresponding securities. 4. Direct the City Clerk to forward the Map and Subdivision Agreement to the County Recorder. ITUATION A. Summary and Recommendation "Estates of San Juan Capistrano LP", originally known as Toll Brothers, Inc., developer of 63 homes on approximately 46 acres of land subdivision in.Tract 13726 (Planning Area II), has submitted the Final Map for City Council consideration and approval. The map, as well as the grading and improvement plans, has been reviewed by the Engineering Division and was found to be in conformance with the Tentative Tract Map and the Subdivision.Map Act. All applicable conditions of approval required by Resolution 91-6- 18-4 (Attachment 1)have been met. All appropriate bonds and fees have been submitted and paid to the City and the developer has signed the City's Subdivision Improvement Agreement (Attachment 2). B. Background On June 18, 1991, the City Council approved Glendale Federal Development Corp. (Glenfed) Vesting Tentative Tract Map 13726, which allowed the subdivision. of a 46-acre parcel, known as Area H, into 63 custom home lots located at the southeasterly end of Camino La Ronda(Attachment 3). AGENDA ITEM -2- Marcia 5 1996 In December of 1994, Toll Brothers, Inc. purchased Area H from Glenfed. Toll Brothers changed the custom home concept to production houses and requested to privatize its community by placing a gate at the entrance of the tract on.Camino La Ronda. All improvement plans have been reviewed and approved by the City Engineer, and the City Attorney's office has approved the covenants, conditions and restrictions (CC&R's) for Tract 1.3726. The final items listed below have been reviewed and found to be in compliance with the requirements of the Final Tract Map: 1. Applicable Subdivision fees 2. Subdivision Improvement Agreement executed in duplicate 3. Faithful Performance and Labor and Material bonds for: a. Street Improvement b. Storm Drain Improvement c. Sewer Improvements d. Landscape and Irrigation Improvements e. Survey Monumentation(performance bond) COMMISSION/BOARD REVIEW RECOMMENDATIONS The project has been previously reviewed and approved by the Environmental. Administrator, Equestrian Commission, Transportation Commission and the Planning Commission, FINANCIAL CONSIDERATIONS All applicable fees have been paid and the required sureties posted with the City. NOTIFICATION Toll Brothers, Inc., Property Owner and Developer Hunsaker & Associates, Project Engineer Brian Johnson, Project Coordinator Leighton& Associates, Project Geotechnical Engineer ALTERNATE ACTIONS 1. Approve the Final Tract Map 13726 and the Subdivision Improvement Agreement. 2. Do not adopt the Final Tract Map 13726 and the Subdivision Improvement Agreement. 3, Refer to Staff for additional information. AGENDA ITEM -3- March 5, 1996 RECOMMENDATION 1. Approve the Final Map for Tract No. 13726 as it conforms to the requirements set forth in the Subdivision Map Act and the previously approved Tentative Tract Map conditions. 2. Authorize the City Engineer and the City Clerk to execute the Final Map. 3. Authorize the Mayor and City Clerk to execute the Subdivision Improvement Agreement and accept the corresponding securities. 4. Direct the City Clerk to forward the Map and Subdivision Agreement to the County Recorder. Respectfully Submitted: Prepared By: William M. Huber, P.E. Shouc jr Director of Engineering &Building Senior Engineer VaV1WSS:ssg Attachments: 1. Resolution 91-6-18-4 Provided in City Council_ packers 2. Subdivision Improvement Agreement only. Full report is available 3. Location Map at the City Clerk's Office for public review. aAagendasl2-20to11.ss 223 RESOLUTION NO. 91-6-18_4 APPROVING TENTATIVE TRACT MAP 13726 AREA PLAN COMPOSITE DEVELOPMENT PLAN FOR GLENDALE FEDERAL AREA H A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 13726/AREA PLAN/COMPOSITE DEVELOPMENT PLAN FOR GLENDALE FEDERAL AREA H WHEREAS, the applicant, Glendale Federal Development Corporation, 16601 Ventura Boulevard, Encino, California, has submitted Tentative Tract Map 13726/Area Plan/Composite Development Plan for Area H, proposing to subdivide approximately 46 acres of land into 63 hillside estate lots (Assessors Parcel Nos. 124-140-63 and 124-140- 65); and, WHEREAS, the Environmental Review Board determined that the project may have a significant effect on the environment, has accordingly required preparation of a Supplernen'tai Environmental. Impact Report and a Mitigation Monitoring Program, and has otherwise carried out all requirements of the California Environmental Quality Act; and, WHEREAS, the project was reviewed by the Equestrian Commission on January 14, January 28, and March 11, 1991; and by the Traffic and Transportation Commission on February 13 and February 27, 1991; and by the Planning Commission on April 9 and May 14, 1991; and, WHEREAS, a public hearing has been duly advertised in the Capistrano Valley News and held to receive and review public testimony on the project; and, WHEREAS, the City Council of the City of San Juan Capistrano finds and determines as follows: 1. The proposed project, as conditioned, and its design and improvements are consistent with the goals, policies, and objectives of the General Plan and with Comprehensive Development Plan 81-2 for the Glendale Federal Planned Community, which permits the development of a maximum of 63 units in area H. 2. The proposed project, as conditioned, is consistent with Comprehensive Development Plan 81-2 zoning for the Single Family District and otherwise conforms to all applicable requirements of Title 9 (Land Use) of the City's Municipal Code. 3. The project site is physically suitable for the type and density of the proposed development. 4. The design and improvements of the proposed project will not cause substantial environmental damage; nor will said design or improvements avoidably injure wildlife or their habitat. -1- ATTACHMENT 1 224 5. The design of the proposed project and the type of improvements will not cause serious public health problems. 6. The design or improvements of the proposed project will not conflict with easements acquired by the public at large for access through or use of property within the proposed project. 7. The design or improvements of the proposed project will not interfere with the maintenance or preservation of an historical site. 8. The proposed Composite Development Plan and Area Plan, which are being submitted simultaneously with the Tentative Tract Map, are consistent with the requirements of Comprehensive Development Plan 81-2. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano hereby approves Tentative Tract Map/Area Plan/Composite Development Plan for Glendale Federal Area H, subject to the following conditions: 1. Expiration - In accordance with the State Subdivision Map Act, the tentative map shall expire 24 months from the date of the tentative map approval. 2. CC&Rs - The developer shall submit a set of conditions, covenants, and restrictions for the project. Said CC&Rs shall be approved by the Director of Planning, the City Engineer, and the City Attorney prior to approval of a final map. The CC&Rs shall be recorded in conjunction with the final map and shall include at a minimum: a. Provision for maintenance of common open space, project entry statement, and slopes by the homeowners association. b. Maintenance of private drainage facilities and fuel modification zones within the project by the homeowners association or equivalent. C. The prohibition of building construction or ornamer tal landscaping within the drainage facility/fuel modification zone maintained by the homeowners association. d. A statement that advises private lot owners that this subdivision is surrounded by undeveloped natural open space owned by the City of San Juan Capistrano and that no maintenance, improvements or irrigation is currently planned for these lands. e. The prohibition of radio or television antennas projecting above any roof eaves per Section 9-3.609 of the Municipal Code. f. A stipulation that all homes built within the project shall incorporate the use of low-flow plumbing fixtures. -2- � g. if there is a conflict between a parkway street tree within the public right-of-way and a proposed driveway access for a lot, then the lot owner must obtain permission from the City Engineering and Building Department to relocate the tree. h. The Architectural Design Guidelines, as approved by the Community Design Commission prior to the approval of the final map (Refer to Condition ;132). The CC&Rs shall also include a stipulation that the preceding CC&R provisions and restrictions shall not be altered in the future without prior City approval. prepare and Mitigation n Program - The applicant shall be required to 3. Construction„ ... acf a strict construction mitigation program for area H. The construction mitigation plan shall address the impacts of both custom home and production home development. The plan shall be approved by the Director of Planning and Director of Engineering and Building prior to issuance of grading permits and shall contain the following controls: A. Tract Grading E. Movement on and off the site of heavy earth moving equipment. 2. Location of equipment storage and service area together with limits on hours of operation. 3. Daily access to the site by workers including hours of work, travel rotates, limits on noise and dust, etc. B. Construction cat Production Homes 1. Required access to the project site. 2. Hours of operation, including maintenance activities. 3. Method for dust and noise control. 4. Security of construction site. 5. Method and timing of street and site cleaning. 6. Plan for separation of construction traffic and related activities from completed and occupied residential units. 7. Designation of area for equipment maintenance. 8. Lighting and noise standards for use of the equipment maintenance area after normal construction hours. -3- 9. A construction phasing program rich states the tinning of construction for portions of the project as well as other improvements such as streets, landscaping, and recreational facilities. C. Construction of Custom Homes I. Controls 1-9 above. 2. Record construction controls against the title to the property. 3. Require as a condition of approval for each grading or building permit on each lot: a. A bond and agreement for compliance with the rules. b. Provision of personnel to supervis, and enforce the rules during construction. D. Enforcement 1. The Director of Planning may modify the construction mitigation program standards if on-site observations indicate that the construction activities are creating a nuisance to adjacent residential property. 2. The City shall retain and the applicant shall pay for the cost of acquiring a project enforcement officer to ensure compliance with the construction mitigation program. 3. If it is determined that the developer is in violation of the approved construction mitigation program, then the Director of Planning is authorized to shutdown the project by reason of said violation. 4. In the event that rain or other natural conditions render the construction access road impassible, the Directors of Planning and Engineering and Building may authorize supervised and controlled the use of Camino La Ronda by construction vehicles for a temporary period of time. The construction mitigation program for Area H shall be coordinated with the construction mitigation program for Areas C & D. In particular, construction traffic using the second access to Area H and traveling through Areas C & D must use the southern access to La Novia Avenue near the freeway off-ramp at Valle Road. 4. Off-Site Traffic Improvement - Prior to approval of the final map the developer shall contribute a fair share of. the cost, based on Area H project traffic generation, towards the following improvements: -4- 2 a. Widen La Novia Avenue from two to four lanes between Calle Arroyo and San Juan Creek Road. b. Increase the capacity of Ortega Highway between I-5 and Rancho Viejo Road. C. Widen .he La Novia Bridge at San Juan Creek Road. d. Contribute to a future signal at San Juan Creek Road/Calle Cartagena. e. Contribute to the relocation of the 1-5 offramp at Valie Road. 5. Camino La Ronda - Prior to approval of the final map, the developer shall submit a plan for stop signs and pavement markings on Camino La Ronda between La Novia Avenue and the southern terminus of La Ronda. The plan shall be approved by the Director of Engineering and Building. The developer shall install the signs and pavement markings in conjunction with the installation of the Area H project street improvements. b. Emergenncyhall „Access - Prior to approval of the final map, the developer a plan for a 20-foot-wide emergency access from Camino La Ronda to the appropriate emergency access in the Hidden Mountain development. This access may be combined with the 20-foot General Plan equestrian/hiking trail along the northern border of the tract. The plans shall be approved by the Director of Engineering and Building and the Director of Planning. The developer shall install the emergency access and equestrian trail in conjunction with installation of the project street improvements. 7. Drainage Improvements - As determined by the Director of Engineering and Building, the developer shall either: 1) increase the capacity of the 5 foot by 6.5 foot drainage culvert that crosses beneath Camino La Ronda to accommodate project runoff; or 2) construct drainage basins on-site that will retain water within the project area and reduce peak flows to the point that downstream impacts are negligible. All hydrologic calculations and drainage facility design shall be reviewed and approved by the Director of Engineering and Building. In addition, the developer shall install drainage facilities along the northern boundary of the project to intercept runoff from the natural open space. The drainage facility design shall be approved by the Director of Engineering and Building prior to approval of the final map. The latter improvements shall be made by the developer in conjunction with the Los Corrales equestrian trail and the emergency access road construction. 8. Downdrains - Open downdrains shall be placed at angles to the slope wherever possible and earthtone colored gunite shall be used for all drainage swales. -5- 9. Equestrian and Hiking Trail System - Prior to issuance of building permits, the developer shall be responsible for installing the dedicating to the City as public use easements the Los Corrales General Plan Trail and the General Plan Trail that has been rerouted by the developer and which now climbs up the eastern ridge and continues along the hilltop to a point on the southern ridgehne as shown in Exhibit A of this resolution. 10. Trail tmprovernents - Prior to issuance of building permits, the developer shall install the General Plan Trail leading up to the eastern ridge from the Los Corrales Trail. For this short stretch, the trail width may be reduced and a steeper grade permitted to avoid substantial hillside grading. With the exception of this area, all trails shall be constructed to meet the current design standards in the Municipal Code and the Equestrian and Hiking Trail Design Manual. 11. Equestrian Crossing - Prior to issuance of building permits, the developer shall construct an equestrian street crossing at the )ject entrance at Camino La Ronda. The crossing shall be construcv,, accordance with Sections 9-4.106 and 9-3.620 of the Municipal Code, . '.d the Equestrian and Hiking Trail Design Manual. The project entry statement shall be coordinated with the equestrian crossing. Final plans for the crossing shall be reviewed by the Equestrian Commission and Traffic and Transportation Commission and approved by the Director of Engineering and Building prior to issuance of grading permits for the tract. 12. Trail Fencing - Prior to issuance of building permits, the developer shall be required to fence and complete the 20-foot General Plan trail next to the Los Corrales tract, known as the Los Corrales Trail. 13. Trail Barriers - Prior to issuance of building permits, the developer shall place barriers to keep our motorized vehicles where the trail crosses the street at Camino La Ronda. These shall be designed per the Equestrian and Hiking Trail Design Manual. 14. Final Landscape Plans - Prior to issuance of a grading permit, final landscape plans, including slope landscaping and erosion control, irrigation, street trees, equestrian and hiking trails, and fuel modification shall be approved by the Director of Engineering and Building. Street trees shall also be approved as part of the Street Improvement Flans by the Director of Engineering and Building. 15. Fuel Modification - A fuel modification plan shall be submitted in conjunction with the final project landscape plans prior to approval of the final map, and shall be designed and installed by the developer in accordance with Ordinance No. 682, Section 9-3.628 of the Municipal Code. 16. Landsca2ing Installation - Landscaping shall be installed by the developer as follows: a. Installation of erosion-control landscaping and irrigation for all manufactured slopes shall be approved b,t the Director of -6- 2291 Engineering and Building and installed immediately after City certification of rough grading. b. Installation of street trees and all non-erosion-control landscaping and irrigation shall be approved by the Director of Engineering and Building prior to the first occupancy. At the same time fuel modification zones shall be established and approved by the Director of Engineering and Building and the Fire Marshal. 17. Landscape Maintenance - The developer shall be responsible for adequately installing and maintaining all landscaping and fuel modification zones until such maintenance is assumed by the homeowners association. The developer shall prepare, for approval by the Director of Engineering and Building prior to final map approval, criteria for the maintenance of manufactured slopes, natural slopes, and fuel modification zones by the homeowners association. 18. Project and Street Names - The name of the project and all street names shall be proposed by the developer and approved by the Director of Planning prior to approval of a final map. 19. Final Grading din Plans - The developer shall submit a final grading plan to Director of Engineering and Building, including hydrology calculations prepared by a civil engineer, at the time of submittal of street improvement plans and/or a final tract map. All manufactured slopes shall be designed and constructed per Municipal Code Sections 9- 3.565 and 9-4.112. The final grading plan shall be approved by the Directors of Engineering and Building and the Director of Planning prior to the final map. 20. Other Dedications - The following dedications shall be made to the City of San Juan Capistrano on the final map: a. Public utility 'easements throughout the project as necessary. b. All equestrian/hiking trails. C. Necessary easements for the emergency access road and public security ingress and egress. d. Easements to allow City access for maintenance of drainage facilities and fuel modification zones within the homeowners association jurisdiction. e. Access rights except at approved driveways and street intersections. f. Dedication of land between the fuel modification zones and the current City open space, as shown on Tentative Tract Map 13726, for use as public open space. -7- 2 30 21. Affordable Housing - Prior to approval of Final Tract Map 13726, the developer shall comply with the affordable housing requirements for the Glendale Federal Planned Community as outlined in Section 2.9 of Comprehensive Development Plan 81-2, and in accordance with the Housing Element of the General Plan. In the alternative, should the City adopt a Housing Impact Fee Program, the developer may choose that option in--lieu of the requirements of Section 2.9 of Comprehensive Development Plan 81--2. If the developer complies with the Comprehensive Development Plan option, the required fees shall be paid at the time of building permit issuance. 22. Parks - Prior to approval of Final Map 13726, the developer shall satisfy the public parkland requirements for the Glendale Federal Planned community as stated in Section 2.6 of Comprehensive Development Plan 81-2. The 13.3 acre requirement may be met �'irough land dedication and/or in lieu fees. Fees paid for Area H shall made in accordance with the 1991 Engineering Development Fee Schr- attached as Exhibit B. 23. Street Improvement Plans - The developer shall submit street improvement plans, prepared by a civil engineer and conforming to the Municipal Code Section 9-4.103, at the time of submittal of the final map. Said plans shall be approved by the Director of Engineering and Building Services prior to approval of the Final Map. Street improvement plans shall include the following to be furnished and installed by the developer: a. Wheelchair ramps on all street corners. b. Street lights with Mission Bell fixtures on marbelite poles, or other decorative street lights conforming to City standards. C. Street trees consistent with final landscape plans. 24. Water and Sewer Im rovements - Water and sewer improvements shall be designed and constructed per Municipal Code Section 9-4.109 and 9-4.111 respectively. 25. Storm Drains - Drainage facilities shall be designed and constructed per City Master Drainage Plan and City standards. The storm drain system shall also be designed to accommodate occasional waterflows, such as overflow discharges, from the Reed Reservoir. 26. Utility Undergrounding - Utilities shall be placed underground per the Municipal Code. All utility undergrounding and all driveways, pedestrianways, street lights, and drainage facilities shall be located and constructed per Municipal Code Article 9-4.1. 27. Soil Subsidence - The developer shall implement a soils subsidence program for all residential lots. The program shall be approved by the Director of Engineering and Building prior to approval of the Final Map. _g- 2,31 28. Environmental Review Fees - In accordance with Assembly Bill 3158, Chpater 1706 of the State Statutes of 1990, the developer is required to pay $875.00 to the County Clerk (plus a $25.00 processing fee) or to the State Office of planning and Research, for review of the environmental impact report by the State Department of Fish and Game. The fee must be paid at the time of the filing of a Notice of Determination. The project shall not be considered valid or final until the applicant furnishes proof to the City that the fee has been paid. 29. Setbacks - One-story structures shall be setback 20 feet from the front property line. Two-story elements of structures shall be setback a minimum of 25 feet from the front property line. Front yard setbacks shall be staggered to avoid a "line of homes" appearance. 30. Height Restriction - The residence on Lot 63 shall be limited to one story, not to exceed 20 feet in height. 31. Street Trees - On both sides of the street within the subdivision, street trees shall be placed in a 5-foot-wide landscaped parkway between the sidewalk and the street. The parkways and sidewalks are included within the public right-of-way. The parkway shall be installed by the developer and maintained by the homeowners association. If there is a conflict between a parkway street tree and a proposed driveway access for a lot, then the lot owner must obtain permission from the City Engineering and Building Department to relocate the tree. 32. architectural Design Guidelines - The Architectural Design Guidelines Th—all include Cond tions #29 and #30, and shall be reviewed and approved by the Community Design Commission prior to approval of the final reap. The approved Guidelines shall be incorporated as part of the project CC&Rs (Refer to Condition #2(h). 33. Alternative Construction Access - Prior to the recordation of the final map, the applicant shall process an exception to the Ridgeline Preservation Ordinance (Section 9-3.510 of the Municipal Code) for the purpose of building a second construction/emergency access route over the southern ridgeline which will connect to Via Entrada in Areas C & D, owned by The Lusk Company. The route shall be an all-weather surface and designed and constructed to accommodate, to the extent possible, all of the construction vehicles that could be made to use it, including access for emergency purposes, and shall conform to the conceptual design presented at the 6/18/91 City Council meeting as Attachment 2, Exhibit C to the staff report. The developer shall be responsible for funding and constructing that portion of the access road that lies outside . the City-owned open space. The developer shall maintain the roadway until such time maintenance responsibility is transferred to another entity as approved by the Director of Engineering and Building Services. -9- 232 34. Mitigation Monitoring P=am - Prior to approval of the final map, the applicant shall be required to pay for the cost of implementing the adopted Mitigation Monitoring Program for Area H. This may include the cost of hiring personnel to monitor the project and report back to the City throughout the project's development and construction. PASSED, APPROVED, AND ADOPTED this 18th day of J une 1991. KENNETH E. FRIESS, Y R ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN .JUAN CAPISTRANO } 1, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 91-6--18-4 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 18th day of June , 1991, by the following vote: AYES: Councilmen Jones, Hausdorfer, Buchheim, Vasquez and Mayor Friess NOES: None ABSTAIN: None ABSENT: None (SEAL) C& CHERYL J40S!PC ITY LERK -lo- enta 'I° a e I\To 13 7 Z . Glente area H a M `y t \- b 6 ATTACHMENT 3 VEMBERS OF THE CITY COUNCIL .Pjr COLLENE CAMPBELL WYATT HART GILJONES CAAOLYN NASH UP AILhM DAVID SWEADLIN iS 1776 -v i :;TY MANAGER GEORGE SCARaOROUGH R March 11, 1996 Recorder's Office County of Orange P. 0. Box 238 Santa Ana, California 92702 Re: Subdivision Improvement Agreement - Tract 13726 Gentlemen: CONFORMED COPY �­�'Ot COMP-Cred wi-ifi Original The following document is enclosed for recordation: Subdivision Improvement Agreement for Final Tract 13726 A check in the amount of$53 is enclosed to cover recording fees aric -.he conformed copy charge. When placed of record. please return said document to tr,"s office. A duplicate copy of this letter is enclosed. Please stamp Doaume,rl Number and date of recording on the letter and return it to this office in the enclosed. Sarroed, self-addressed envelope at your earliest convenience. Thank you for your cooperation. Very truly yours, Recorded in the COUnty of orange, California Gary L. Granville,Cheryl John Clerk/Recorder n,- �jlj J City Clerk ill 52A19960131261 04,301 03/18/96 005 236962 29 04 MB6 Enclosure Al2 16 7.00 45.00 0,00 0.00 0.00 0.00 32404 PASS® ADELANTO, SAI., JUAN CAPISTRANO. CALIFCR� IAL :-:;2675 0 (714) 493.1171 32400 PASEO AOELANTO %_., $ MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO, CA-92675 A[OAPORB(f@ DIANE L.BATHGATE • fPAWSNE6 ' 1961 JOHNEGRE AER BELL (949) 493-1 171 1776 (949) 493-5053 (FAX) WYATT HART p ® DAVID M.SWER©LIN q n • • CITY MANAGER October 3 [, 2000 GEORGE SCARBOROUGH Mr. Robert Frakes Estates of San Juan Capistrano 2100 West Orangewood Avenue, Suite 180 Orange, California 92668 Re: Release of Bonds - Tract 13726 Toll Brothers Deal- Mr. Frakes: At their meeting of September 19, 2000, the City Council of the City of San Juan Capistrano took action to release the following bonds (Faithful Performance and Labor & Materials) effective October 31, 2000: BOND NO. PURPOSE AMOUNT 138090214 Sewer $143,564 138090228 Storm Drain 560,806 138090231 Landscape & Irrigation 436,472 138090245 Street Improvements 422,408 138090181 Monumentation 40,000 Enclosed is a copy for your records. If you have any questions, please do not hesitate to call me at (714) 443-6310. Very truly yours, ku"9� . I ova/wAf'_ Dawn M. Schanderl Deputy City Clerk Enclosure cc: National Fire Insurance Company of Hartford (original bond) Director of Engineering & Building Sam Shoucair, Senior Engineer(copy) San .fuau Capistrano: Preserving the Past to Enhance the F'utur'e BOND #138090214 )ION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE . 66499.0 SEWER WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and ESTATES AT SAN .YUAN CAPISTRANO, L.P. D BY WHOLLY--OED SUBSFIAWS OF TS L BROTHERS, NC. (herea ter designate as rincipa , have enteredinto 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 NATIONAL FIRE INSURANCE COMPANY OF HARTFORD as Surety, are- held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of ONE HUNDRED FOURTY—THREE THOUSAND FIVE HUNDRED SIXTY—FOUR ($143,564) 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 def aul t. 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. DP.TE �- INITIALS 2. Said Surety, for value received, hereby stipulates and agrees that no i 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 13Th day of FEBRUARY 19 96 , at California. (ESTATES AT SAN JUAN CAPISTRANO, L.P. PRINCIPAL A CALIFORNIA L:CMITED PARTNERSHIP BY. TOLL CA GP CORP. A ORPORATION BY: THE GENERAL PARThTF MW3ANES BOYD — PRESIDENT OTARIZATION AND SEAL) APPROVED AS TO FORM: SURETY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD BY: �._ DANIEL P. DUNIGAN ATTO MIN-FACT CITY ATTORNEY (NOTARIZATION AND SEAL) Page 2 - Subdivision Performance Bond t AC9GWOWLEOGEkIEN7��—� �S) I STATE OF j C NTY OF IlLd1� Notary Public in and to.,tns State and County ataresatd,0o Hereby oerriy,that {/. 44 wtwre name is B,gned to the torrgoinp bone,thia day per3onaf3y appeared before me in�myy/Stats anG County atorvOid and=KrOt+tnd96c tna same. Given under my hand thi6.g?;0day 01 f r Notary Public JANICE GILDEN"REIiAK C Cama.#1063519 »» NOTARY PUBLIC-CALF'CRNIA � Orange County �411canN` My Comm.Ex*es.Uy 2.1999 ACKNOWLEDGEMENT OF=RPORATE SUR TYM STATE OF PENNSYLVANIA CC?ONTY OF DELAWARE l ARLENE OSTROFF Notary public in and for the 5121t and County atoresaid,00 hereoy ceruty that DANIEL P. DUNIGAN Arxxney4'Fea; for V% NATIONAL FIRE INSURANCE COMPANY OF DARTFORD wnosa name is signed to tha foregoing bond,this day personally appear"beftsre me in my State and County atoreswd and acknow'1e09et1 Me same. Given unoar my hand this�•3'jjjof FEBRUARY ss 9� icy usmmitision axp+rac; ,'�r�� RI Nora Public ARLENE 6ST$3FF, fdcl<t: t'ub11r. St. Davids, Oclatvarr Couniy, PA My Commission Expires November 14, 1996 POWER OF ATTORNEY APPOIN TNG EVDWIDUAL ATTORNEY-TTS'-FACT Know�All Men By These Presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA,a Pennsylvania corporation(herein collectively "the CNA Surety Companies*),are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint William F. O'Brien.William F, Simkiss,John R.Waite,John A. Simkiss. III, Daniel P. Duni an. Individuals of St. Davids, Pennsylvania their true and lawful Attomey(s)-in-Fact with full power anis authority hereby conferred to sign,seat and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and.confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof,duly adopted,as indicated, by the Boards of Directors of the corporations. In Witness Whereof,the CNA Sureties Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 12th day of October 1995 CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA AXY O� SEAL g r. t. M.C.Vonnahme Group Vice President State of lilinois, County of Cook,ss: On this 12th day of October 1995 ,before me personally came M. C.Vonnahme ,to me known,who, being by me duly swxml,did depose and say:that he resides in the Village of Darien ,State of Illinois; that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA described in and which executed".above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority giver:by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. fr,—. D NOTARY � � A Pusuc C`o \\ °k Co.. My Commission Expires October 19, 1998 Linda C. Dempsey Notary Public CERTIFICATE I.John M. Littler ,Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby x*rbfy that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. in testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 13TH day of FEBRUARY , 1996 . CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA o� SEAL �. John M.Littler Assistant Secretary (Rev.7114195) 5 Authorizing By-Lars and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. 'Article IX--Execution of Documents Section 3.Appointment of Attomeyan-fact.The Chairman of the Board of Directors,the President or any Executive, Senior or Group Viae President may,from bme to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,thePresident or any Executive, Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attomey-in-fact. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February,1853. "Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seat of the Company may be affixed by facsimile on any power of attomey granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shalt,with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. ^ArUcle VI—Eacea€rtion 04 Obligations and Appointment of Attorney-in-Fact Section 2 Appointment of Attomey-in-fact.The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President may,from time to time,appoint by written certificates attomeys4n-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attomey-in-#act" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adapted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1953. "Resolved,that the signature of the President or any Executive, Seng or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seat of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seat shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17,1993 by the Board of Directors of the Company. "RESOLVED:That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may,from time to tune,appoint, by written certificates.Attameys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds, undertakings and other obligatory instruments of like nature. Such Attorney-i-�-Fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto.The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact" This Power of Attorney is signed and sealed by facsimile under and by the authorry of the foflnvAng Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1933. "RESOLVED:That the signature of the President,an)executive Vice President or any Senior or Group Vice'President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporatiorx may be affixed by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." RLEAg7D Bond No. 138090214 DAi_E 10' 9.). - SUBDI1l ION LABOR AND MATERIAL BOND INITIALS O MENT CODE, SECTION 66499.2) SEWER WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and ESTATES AT SAN JUAN CAPISTRANO, L.P. , A LIMITED PARTNERSHIP OWNED BY TCLLX-OfWNED �SU$SIDI I , re�na ter es�gnate as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements which said Agreement, dated and identified as Project O ESTATES TRACT 113726 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 NATIONAL FIRE INSURANCE as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum Of_J2NE THOUSAND FOURTY-THREE THOUSAND FIVE HUNDRED SIXTY-FOUR Dollars ($- 143z564-OO..) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that, if the above bound Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly Keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees loft The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed .an original thereof, have been duly executed by the Principal and Surety herein named on the 13TH day of FEBRUARY 1996the 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. ESTATES AT SAN JUAN CAPISTRANO, L.P. PRINCIPAL A CALIFORNIA LIMITED PARTNERSHIP BY: TOLL CA GP CORP. I CORPORATION BY: THE GENE L PARTNE: J BO — CE PRESIDENT A P OVED AS TO F R (NOTARIZATION AND SEAL) 3 RIL�BARD K. DENHALTER, CITY ATTORNE SURETY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD BY: 4 DANIEL P. DUNIGAN ATT EY-IN-FACT (NOTARIZATION AND SEAL) NOTE: Please Attach Acknowledgement and Power of Attorney 2 of 2 r ACKNOWLEDGEMENT OF PRINCIPAL($) STATE OF i DutrM OF NOW Pubic in ana for the State and County aforesald,do narobY bertlty that wno$*name is signed to the Iotegoing bona,Na day pefsonaoy appeared before me in my State and County storesaia and acknowledged she same. Given unser my hand this�QOay of myNotary Puout: JANICE GIIDEN-REHAK v tl, duM1r 5'. Comm.#1063519 r NOTARY PUBLIC•CALWORNIA Orange COLM 4c,eosN` My Comm.F.xpicBS Y '1999 1a AMNOWLEDGEMENT OF CORPORATE SURF-TY(S) STATE OP PENNSYLVANIA COUNTY OF DELAWARE f ARLENE O STROFF Notary PuoUc in and for the State and County aforesaid.co heropy cerrity that DANIEL P. DUNIGAN atx�.r+oy►n-Fact kvV* NATIONAL FIRE INSURANCE COMPANY OF RARTFORD whose name a sign d to ma tarapoin9 mond,this city personally eppoared before me in my State and County sloreswc and acknowi&ogec the same, Given undor nay hw,4 this:13W#of FEBRUARY tg 96. -- my commission exairev f'' i',.ii'i,L S?:AL at PufJi,c ARLENE f3-T!?CFfi,Paotar; wb;iC aY St. Davids, D,.i.1vare Gouni , PA My Oommissfan Ecpires November i4, 1996 POWER OF ATTORNEY APPOR%rMG LNDNIDUAL. ATTORNEY-I'-FACT Know Alt Men By These Presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation. NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,a Pennsylvania corporation(heroin collectively called"the CNA Surety Companies"),are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signature and seats herein affixed hereby make, constitute and appoint William F. O'Brien.William F. Simkiss, John R.Waite.John A. Simkiss, 111, Daniel P. Dunigan. Individually of St, Davids, Pennsylvania their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds. undertakings and other obligatory instruments of sirnilar nature In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof,duly adopted,as indicated, by the Boards of Directors of the corporations. In Witness Whereof,the CNA Sureties Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 12th day of October 1995 CONTINENTAL,CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA AXY OJ 5EAL `$c 11�t x Or M.C.Vonnahme Group Vice President State of Illinois, County of Cook,ss: On this 12th day of October 1995 before me personally came M. C.Vonnahme to me known,who,being by me duly sworn,did depose and say:that he resides in the Village of Darien , State of Illinois; that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument~that he knows the seats of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. *C. ID v FiQ7AR1' 9C i/l—Jfyd/,Yf�'/ L1// My Commission Expires October 19, 1998 Linda C. Dempsey Notary Public CERTIFICATE 1,John M. Littler ,Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF REACTING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force, In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 13 TH day of FE B RUARY , 1996 . CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD 46 ` 4 AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA Anr'x. �J SEMI. teat John M.Littler Assistant Secretary (Rev.7114195) Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX--Execution of Documents Section 3.Appointment of Attorney-in-fact The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneyswin-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President or this Board of Directors,may,at any time,revoke all power and authority previously givers to any attorney-in-fact This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February,1993. "Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attomey granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article V xecutlon of Obligations and Appointment of Attorney4n-Fact Section Z Appointment of Attomay-m-fact The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President may,from time to time,appoint by written certificates attomeysan-fact to act in behalf of the Company in the execution of policies of insurance,bonds,.undertakings and other obligatory instruments of like nature. Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February,1993. "Resolved,that the signature of the President or any Executive, Senior or Group lice President and the seal of the Company may be affixed by facsimile on any power of attomey granted pursuant to Section Z of Article Vl of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bored or undertaking to which it is attached, continue to be valid and binding on the Company' ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED:That the President,an Executive Vice President, or any Senior or Group Vice President of the Corporation may,from time to time, appoint,by written certificates,Att meys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds, undertakings and other obligatory instruments of like nature. Such Attomeyan-Fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto.The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the foliowing Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affsxed by facsimile on any pourer of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1953 and 4he signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and sealer!,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation' BOND #138090228 SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE . 66499.1) STORM DRAIN WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and ESTATES ED BY WHO BSID LY-O NED SUIARIES"1 F, TOLL R THEREINC. { ierea ter designated as rinccpal' , have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated lg 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 NATIONAL FIRE INSURANCE COMPANY OF HARTFORD , as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of FIVE HUNDRED SIXTY THOUSAND EIGHT HUNDRED SIX ($560,806) 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 def aul t. 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 DATE „ INITIALS El I 2. Said Surety, for value received, hereby stipulates and agrees that no 'change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder. Executed this 13TH day of FEBRUARY 19 96 , at California. ESTATES AT SAN JUAN CAPISTRANO, L.P. PRINCIPAL., A CALIFORNIA LIMITED PARTNERSHII BY. TOLL CA GP CORP IPO IA CORPORATION BY: t,12 GENERAL PARTNE AI!IES BO -- VT PRESIDENT NOTARIZATION AND SEAL) APPROVED AS TO FORM: SURETY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD Ali BY• ���.-���-moi' DANIEL P. DUNIGAN ATT EY-IN-FACT CITY ATTORNEY (NOTARIZATION AND SEAL) Page 2 - Subdivision Performance Bond t ACKNOWLEOtEMENTTT OFFjP CtPAL(SSj STATS OF COUNTY OF koruy Public in and for sna State and County:Ioreaaid,oo hereby%flity that r_I wnosa name is aVftad to the iioropoing bona,this(jay perscnaky appeared before rrrs an my 51410 an6 County aiorasaip and acKno.wledged"aame. Given wvier my hand this a/rsay Ply t�jnm ��`°`r JANICE GILDEN-REHAK Notary " ` T .�+ae e ;.H Llli g Comm.#1063513 r a ° Nt3TARY fjllf3t CAUF(iRNA a '" Orange Casjty jai, Pny Comm.,xpires July 2,€999 ACKNOWLEDGEMENT OP CORPORATE SVRETY(S) . STATE OF PENNSYLVANIA COGNTY OF DELAWARE ARLENE OSTROFF Notary pvDp r in and for the State and County aloresaid.no Ploretry certity tnat DANIEL P. DUNIGAN Awney-tri-Pact kir r* NATIONAL FIRE INSURANCE COMPANY OF HARTFORD who"name is ajgned to the toreooft band,mi9 day personally appeared before me in my State and County aioresaje and accknoWieopec the came. Givenundef[try hand tK3s 13T,4 of FEBRUARY t9 9b, — Iky Commission expires; L SEAL ?Jotary Pub ARLENE OSTRCFF, No,,ar�1 Fj1#iiiC St, Davids, Did warO COUMY, PA i"aQ(11ittISSi01t EatPires Navetraer 14, 1996 POWER OF ATTORNEY APPONMG INDIVIDUAL ATTORNEY—N—FACT Know All Mees By These Presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation, NATIONAL.FIRE INSURANCE COMPANY OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,a Pennsylvania corporation(herein collectively called"the CNA Surety Companies"),are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint William F, O'Brien,William F. Simkiss John R.Waite,John A. Simkiss. 111, Daniel P, Duniaan, Individual) of St Davids; Pennsylvania their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature »In Unlimited Amounts» and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said AtYnmey,pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Atw"y is made and executed.pursuant to and by authority of the By-Laws and Resolutions,printed on the reverse hereof, duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereat,the CNA Sureties Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 12th day of October 1995 CONTINENTAL CASUALTY COMPANY *; .P, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD OleAMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA °0 SEAL M.C.Vonnahme Group Vine President State of Illinois, County of Cook,ss: On this 12th day of October 1995 before me personally came M. C.Vonnahme ,to me known,who,being by me duly sworn,did depose and say.that he resides in the Village of Darien ,State of Illinois; that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. ha. D - 20 r �NOTAP'UWC L/✓�Jjyl f L1./� RY �k Ca \ My Commission Expires October 19, 1998 Linda C. Dempsey Notary Public CIERTiFICATE 1,John M. Littler ,Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above sat forth is still in force,and further certify that the By-Lamy and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 13T'Hday of FEBRUARY 1996 CONTINENTAL CASUALTY COMPANY clJ ire- oe � up NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA P ° tea 5EAL Juts t, 9667 � • John M.Littler Assistant Secretary (Rov.7/14/95) Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: to and by authority of the following By-Law duty adopted by the Board of Directors This Power of Attorney is made and executed pursuant of the Company. "Article IX--Execution of Documents Por Section 3.Appointment of Attorney-in-fact The bt iNtntten certificates arman of the Board ottome s-i-fact to acts,the linrbehalf of the Company nt or any Execube n then Group Vice President may,from time to time,appy Y y nature subject execution of policies of insurance,bonds, undertakings and other obligatory have vettru pawarof l ke the Company by then signature and to the limitations set forth in their respective certificates of authority, Board execution of any such instruments and to attach the seat of the COMPSf Directors,many yo at a y time ,revakthe all power dE authority Previously President or any Executive, Senior or Group Vice President or the Board o given to any atmmey-in-fact This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February,1993. "Resolved,that the signature of the President or a y Executive xe pursuant ve, Senior or Group Vice 5ection 3 of Article IX Of the By-Laws an the sdent and the seat of ignature ofthe athe may and be affixed by facsimile on any power Y An such ower so executed Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile m any certifip#a of any such power any power or certificate bearing such facsimile signature and seal shall be valid and binding bond orundertaki g to which it is attached, and sealed and certified by certificate so executed and sealed shall,with respect y continue to be valid and binding on the Company," ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VI"—Execution of obligations and Appointment of Attorney-fin-Fact ro Section 2 Appointment of A:tomey4n-fact The Chairman of the Board of Directors,the President or any Execuin tive, Senior on of p Vice President may,from time to time,appoint by written certificates attorneys-in-fact to actin behalf a the Company policies of insurance, bonds, undertakings and other obligatory instruments bind l ke nature Company by tha. Such ir�signature and executioys-in-fact,subject to n ofia yy suh set forth in their respective certificates of authority,shall have full pave r to thereto.The President or any Executive, Senior or Group Vice#'resident may at any ti instruments and to attach the se me at of the Company ny attorney-in-fact" revoke all power and authority previously given to a �signed and seated by facsimile under and by the authority of the fallowing Resolution adopted by the Board This Power of Attorney' 9 1993. of Directors of the Company at a meeting duly called and held on.the 17th day of February,Vice President and the seal of the Company may "Resolved,that the signature of the President or any Executive, Savior or Group be affixed by facsimile on any power of attomeY granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the an Secretary or an Assistant Secretary and the seat of the Company may be affixed by facsimile to any certificate of any such power Y valid and binding o power or certificate bearing such facsimile signature and seal shall be n the Company.Any such power executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which rt is attachea d,continue to be valid and binding on the Company.' ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17,1993 by the Board of Directors of the Company rattan may,from time "RESOLVED:That the President an Executive Vice President,or any if of the or o roue rn in the execution of policies of insuranoe, bonds, to time,appoint, by written certificates,Attorneys-in-Fact to act in behalf of the Corps undertakings and other obligatory instruments of like nature. Such Attorney n-Fact subject to the limitations set forth in enir resile ve certificates of authority,shall have full power to bind the Corporation by their signature and execution of any s uch instrument and to attach the seal of the Corporation thereto.The President an Executive Vice President.any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Awrney-in-Fact" This Power of Attamey is signed and sealed by facsimile under and by the authority ile 5&oiloveng Resolution adapted by the Board of Directors of the Company at a meeting duly called and held on the 17th day Vice President and the sea!of the "R Corporation That the signature si the president,an t e Vice ranted pursuant to the Resolution adopted by this Board of Directors le to Februarymay be affixed by facsimile a any paws Y g February 17, 1993 and the signature of a Secretary oce�cate Assistant Secretary uch facsimile seal of a doseal he I be d n binding on the and an g gct to any bond or any certificate of any such power, Y� Corporation.Any such power so executed and sealed and certified by certificate se executed and seated,staail with resile undertaking to which it is attached,continue to be valid and binding on the Corporation." � LLAED .)ATE � � Bond No. 138090228 !k` TlAf.S BOR AND MATERIAL BOND, (GOVERNMENT CODE, SECTION 66499.2) STORM DRAIN WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and ESTATES AT SAN JUAN CAPISTRANO, L.P., A LIMITED PARTNERSHIP OW ED BY WH LLY-OWNED SUBS hereinafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements which said Agreement, dated 19and identified as Project CAPISTRANO ESTATES TRACT 1 13726 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 NATIONAL FIRE INSURANCE QQhPANY F HARTFORD as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of FIVE HUNDRED SIXTY 'THOUSAND EIGHT HUNDRED SIX 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. 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 fate amount specified therefor, there shall be included costs and reasonable expenses and fees Iof2 The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specif i cations. 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 13TH day of FEBRUARY 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. ESTATES AT SAN JUAN CAPISTRANO, L.P. PRINCIPAL A CALIFORNIA LIFTED PARTNERSHIP BY: TOLL CA CP CORP. A CORP TION BY. GENERAL PAR.TNE JADES BO - E SIDENT 4AP VED AS TO F R NOTARIZATION AND SEAL) K. DENHALTER, CITY ATTORNTE SURETY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD r c By DANIEL P. DUNIGAN ATTORNE IN-FACT (NOTARIZATION AND SEAL) NOTE: Please Attach Acknowledgement and Power of Attorney 2 of 2 ti E ACKNOWLEDOEMPINT OF 1[d1�ilaAL(Sl STAT:OF t C OF — 1 Noma Public in ano tar ins State and County atore6ald,oo hereby Ceftiy that wrwsa name is%Vrt"to the lorego;ng bona,tnis day personaby appearod betore me in my State and County atorosaid and acknowledged ttw same. Given wzer my hand this;Y/day of 1 jwt l✓LG t h'rAntm Notary Public JANICE GILDER-REHAK � e Comm.#1463519 y NOTMY PtlBM-CALFORNA Orange County 4- L My Comm„gxpires July 21 1999 ACKNOWLEi16f MSNT OF CORPORRTE SURF-TY;St STATE OF pENNSYLVANIA CWNTY Or DELAWARE l ARLENE OSTROFF Natary Pvoba in and for me Sate and County stWesaid.da h®reoy Certify that DANIEL P. DUNIGAN Atromay4*Fact tar the NATIONAL FIRE INSURANCE COMPANY OF HARTFORD -hoes mems ie atgr"to the faregoinp band,thin day personally aPpeared wore me in my state and County atorosalc and acknovl"9"the same. Given t>rwow my hand th;6 13'ii,of FEBRUARY t93 9� MyWrnlT1ESSIOnBYpfrais �� a�ALNDlary Pubi1C AAENE OSTROFF, Noia,y Public St. gavids, Delaware Cattnty, PA My Cr}ttlntlSSlCn Expires November 14,1996 POWER OF ATTORNEY APPOINTING INDMDUAL ATTORNEY-M-FACT Know All Alien By These Presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,a Pennsylvania corporation(herein ttillectively_ml4d"the CNA Surety Companies"),are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint William F. O'Brien.William F, Simkiss, John R.Waite,John A Simkiss, fit, Daniel P. Duni an, Individual) of 5t. Davids, Penns Ivania their true and lawful Att rney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extant as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions,printed on the reverse hereof,duly adopted,as indicated, by the Boards of Directors of the corporations. In Witness Whereof,the CNA Sureties Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 12th day of October , 1995 . CONTINENTAL CASUALTY COMPANY ryx'a& NATIONAL FIRE INSURANCE COMPANY OF HARTFORD o0woure ate AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA w e y b '�' v SEAL Y s JU'�I' 1847 C e M.C.Vonnahme Group Vice President State of Illinois, County of Cook,ss: On this 12th day of October 1995 before me personally came M. C.Vonnahme ,to me known,who,being by me duly sworn,did depose and say.that he resides in the Village of Darien ,State of Illinois; thait he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. 2� PUBLIC My Commission Expires October 19, 1998 Linda C. Dempsey Notary Public CERTIFICATE ],John M. Littler ,Assistant Secretary of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is%~till in force,and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof 1 have hereunto subscribed my name and affixed the seals of the said corporations this 13TH day of FEBRUARY , 1996 CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD � AMERICAN CASUALTY.COMPANY OF READING,PENNSYLVANIA A Liu ^T 1847 Johns M.Littler Assistant Secretary (Rov.7114195) Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-low duly adopted by the Board of Directors of the Company. "Ankle IX--Execution at Documents Section 3.Appointment of Attorney-in-fact The Chairman of the Board of Directors,the President or any Executive. Senior or Group Vice President may,from time to time,appoint by written certificates attorneys•in-fact to act in behalf of the Company in the execution of policies of insurance,bonds, undertakings and other obligatory instruments of like nature.Such attomeysAn-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the ednt or any Executive, Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact. This Power of Attorney is signed and sealed by facsimile under and by the authority of the fallowing Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article iX of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article V1--Execution of Obligations and Appointment at Attorney-in-Fact Section 2.Appointment of Attorney-in-fact The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President may,from time to time,appoint by written certificates attameys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds,undertakings and other obligatory instruments of like mature. Such attomeys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 9993. "Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the signature ofthe nd an Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificates any such powerpower so seated and power or certificate bearing such facsimile signature and seal shall be valid and binding an the Company. y sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17. 1993 by the Board of Directors of the Company. "RESOLVED:That the President, an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time,appoint, by written certificates,Attorneys-in-Fait to act in behalf of the Corporation in the execution of policies of insurance,bands, undertakings and other obligatory instruments of like nature. Such Attomey-in-Fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such inst vment and to attach the seal of the Corporation thereto.The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attomey-in-Fact." This Power of Attorney is signed and sealed by facsimiie under and by the authority of the following Resolution adopted by the Hoard of Directors of the Company at a meeting duly called and held an the 17th day of February, 1993. "RESOLVED;That the signature of the President,an Executive Vice President or any Senior or Group.Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or ars Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature and sea!S be valid and bindingny bond or Corporation.Any such power so executed and sealed and certified by certificate so execrated and sealed,shall l all with respect Y undertaking to which it is attached,continue to be valid and binding on the Corporation.` BOND #138090231 SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE . 66499.1) LANDSCAPING AND IRRIGATION WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and ESTATES AN JUAN CAPISTRANO L.P. ED BY NLLY f)gEI SUBSItDIIRIE„ Ola TOL B OTHERS INq, iiia ter esigna a ), iave entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated , l9 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 NATIONAL FIRE INSURANCE COMPANY- OF-HARTFORD as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of FOUR 'HUNDRED SEVENTY TWO 436 472 DOilars, 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 perforin 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 tl+ITIALS UL)L4�a 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 13TH day of FEBRUARY 19 96at California. ESTATES AT SAN JUAN CAPISTRANO, L.P. PRINCIPAL A CALIFORNIA LIMITED PARTNERSHIP BY: TOLL CA GP CORP A 2AM0 CORPORATION BY: HE GENERAL PARTNER JAMES YD — CE PRESIDENT NOTARIZATION AND SEAL) APPROVED AS TO FORM: SURETY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD BY: �� DANIEL P. DUNIGAN ATTO Y-IN-FACT CITY ATTORNEY (NOTARIZATION AND SEAL) Page 2 - Subdivision Performance Bond r ACKNOWLEDGEMENT f]F FR1N 'IPALtS STATE OF F COUNTY O � Norary Pubht in and for vu State and County atoresaW,Oo rtereby certify that wnwe name is signad to the iorogo'cng Sona,shin day personalty"ared Wore me In MY�$%at*and County atorasaid and eckncrwEed 6d rho same. Given under my hand this�ay of tory commission exptrea: ttotary Ps1Wit " OF !ANILE GILDEN RENAK Comm.#1063519 �'r m NOTARY t'116LIC•CAk1FORtdA � Orange County �" qc,°a' My CQI1llf1.Expii�s.itffy 2,k449 "1 ACKNOWLEDGEMENT or-CoRPOHATE SURETY(S) STATE of PENNSYLVANIA CouN1Y OF DELAWARE t ARLENE OSTROFF Notary PuD4c in ani for me State and County aforesaid.ao haraoy ceraty that DANIEL P. DUNIGAN Atswneyfn•Faat kvr* NATIONAL FIRE INSURANCE COMPANY OF HARTFORD whose name a srgnwd to trio tmwoinp bond.vus day personally appeared before me in my State and County atorsswd and acknow Qea the came, Givenurxw,,,f htuxs d,i6 13'x,4 of FEBRUARY My commission exotres: �224, i' Put o ul r. iiUt t o'c Not t St. Davids, fie!&tvar=Co iy, PA Cly GOrl Mission Expires Ncvcmbi>r IM ID96 POWER OF ATTORNEY APPOINTWG INDrVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connacticut corporation,AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,a Pennsylvania corporation(herein collectively called'the CNA Surety Companies").are duly organized and existing corporations having their principal officers in the City of Chicago,and State-Of Illinois,and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint William F. O'Brien,William F. Simkiss,John R. Waite.John A. Simkiss, III, Dania!P. Duni an. Individual) of St. Davids, Pennsylvania their true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature In Unlimited Amounts- and tc bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Sureties Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 12th day of October 1995 CONTINENTAL.CASUALTY COMPANY *C06 .a, �> r"e` NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA p )ay it. � SEAL ` M1 M.C.Vonnahme Group Vice President State of Illinois, County of Cook,ss: On this 12th day of October 1995 before me personally came M. C.Vonnahme ,to me known,who,being by rite duly sworn,did depose and say:that he resides in the Village of Darien ,State of Illinois; that he is ai Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to Eke authority,and acknowledges same to be the act and deed of said corporations. NOTARY PU9uCi /A-' °k Co. My Commission Expires October 19,1M Linda C. Dempsey Notary Public CERTIFICATE I,John M. Littler ,Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force, in testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 13THday of FEBRUARY 1996 . CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA 4a � caul $EJII. " 1ii1 t. 7697 John M.Littler Assistant Secretary (Rev.7114195) Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article 1X­-Execution of Documents Section 3.Appointment of Attomey-in-fact The Chairman of the Board of Directors,the President or any Executive. Senior or half Of the Company in the Group Vice President may,from time baa�tiundertakings annt by d written obi certificates 81tory instruments of like natureto act in.Such at#omcys n-fact subject execution of policies of shall have full power to bind the Company by their signature and to the limitations set forth in their respective attach the se of authority, po execution of any such instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the President or any Executive, Senior tr Group Vice President or the Board of Directors,may,at any time, revoke all power and authority previously given to any attomey4n-fact. This Power of Attorney is signed-and sealed by facsimile under and by the authority of the fallowing Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17tH day of February,1993. 'Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile an any power of attorney granted pursuant toSection 3 of Article IX of the By-Laws,and the signature o e Secretary or an Assistant Secretary and the seat of the Company may be affixed by facsimile to any certificate of any su pa's'er and any power or certificate bearing such facsimile signature and seal shall be valid anndbinding rid or dAn such power so executed ertaking to which it is attached, and sealed and certified by certificate so executed and sealed shall,with respect to continue to be valid and binding on the Company,' ADOPTED BY THE BOARD OF DIREC70RS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors This Power of Attorney of the Company. ~Article VI— ecutlors of Obligations and Appointment of Attorney-in-Fact Section Z Appointment of Attomey-in-fact.The Chairman of the Board of Directors,the President or any Executive, Senior or Group n certificates attameys-in-fact to act in behalf of the Company in the execution of Vice President may,from time to time,appoint by writte ns policies of insurance, bonds, undertakings and other obligatory in s#ru eek Companybind the by their sj ture and execution of, such set forth in their respective certificates of authority,shall have full pow y thereto.The President or any Executive,Senior or Group Vice President may at any time instruments and to attach the seek of the Compan revoke all power and authority previously given to an attorney=��� This Power of Attorney is signed and sealed by facsimile.under and by the authority of.the following Resolution adopted by the Board of Directors of the Company at a meeting duly tailed and held on the 17th day of February, 1993. Vice President and the seal of the Company may "Resolved,that the signature of the President or any Executive, Senior or Group and the signature of the be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-laws, of g r and an Secretary or an Assistant Secretary and the seat of the Company may be affixed by facsimile to any certificatee Company.Any such Y srsoex uch Pie uted and power or certificate bearing such facsimile signature and seal shall be valid and binding orthundertaldng to which it is attached, continue sealed and certified by certificate so executed and sealed shall,with respect Y to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the fallowing Resolution duly adopted on February 17. 1993 by the Board of Directors of the Company. from time tRESOLVED.That thin ce dficat,Attomeys-in-Fact to act inrbehatf of the Cany Senior o crporati n r Group in the execution of policies of ins mance,bonds, to time,angst y ,in-Fact,subject to the limitations set forth in their respective undertakings and other obligatory instruments of like nature. Such Attorney nature and execution of any such instrument and to attach certificates of authority,shall have full power to bind the Corporation by their sig the seal of the Corporation thereto.The President,an Executive Vice President any Senior or Group Viae President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact" This power of Attorney is signed and sealed by facsimile under and by the authority of the following Re—Aviden, adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February,1993. 'RESOLVED:That the signature of the President,an Executive Vice Preside t or n the Senfor or Gro up deiced rby est its Board of Dseaal of S e On Corporation may be affixed by facsimile on any power of attorney granted pursuant ration may be affixed by facsimile to February 17, 1993 and-the signature of a Secretary or an Assistant Secretary and the seal 04 the Corpo to an band or any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shall resp binding an the Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed. undertaking to which it is attached,continue to be valid and binding on the Corporation." 'RELEASED., f� DATE � � Bond No._ { 1 t INETIALSWbAa" OR AND MATERIAL BOND (GOVERNMENT CODE, SECTION 66499.2) LANDSCAPING & IRRIGATION WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and --ESTATES AT SAN JUAN CAPISTRANO, L_P» A LIMITEI} PARTNERSHIP OWNED BY W OLLY-O ED $U SIDIA�IESTOLL BRO' 'K 'OF ereina ter designate as "Principal'), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements which said Agreement, dated 19____, and identified as Project CAPISTE&WESTATES TRACT 113726 is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement; NOW, THEREFORE, we, the Principal and ZIELN COMPANY OF HARTFORD as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of FOUR HUNDRED THIRTY-SIX THOUSAND FOUR HUNDRED SEVENTY TWO Dollars ($ 436,472.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that, if the above bound Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees loft The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or lo 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 13TH day Of FEBRUARY 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. ESTATES AT SAN JUAN CAPISTRANO, L.P. PRINCIPALA CALIFORNIA LIMITED PARTNERSNIF BY: TOLL CA GP CORP. ACO ORATION BY: T L PARTNE. 3AMES BOYD -- PRESIDENT 4�HAA VER AS TO F R NOTARIZATION AND SEAL) K. DENHALTER, CITY ATTORNE SURETY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD BY: � DANIEL P. DUNIGAN AT RNEY-IN-FACT (NOTARIZATION AND SEAL) NOTE: Please Attach Acknowledgement and Power of Attorney 2of2 r ACKNOWLEDGEMENT OF PT1 CtPAL(p) STATE OF ( Ca?tsNTY OF >J � NOtuy Public in ane for the State and County a iotosa ld.ap hereby C061Y that whose name is aigrtad to theaJorrrspping bona,this day personnaaDyy appeared b91ore me in my State sAt County slorosaid and acknowledged the same., Given Endan under my hand this/slay Oi my Notary Pubtic Fan `°�T JANI{E G1lDi Rt{AK v �o- A Comm.#1063519 r" NOTARY PUBLIC•CALIFORNA Orange Cotutty cq4 F as My Comm.Expires Jtily 211999 ". ACKNOWLEDGEMENT OF COPPORATE SURETY(S) STATE OF PENNSYLVANIA GOONTY OF DELAWARE ARLENE OSTROFF Notary Puglia in and for me state and County atoresaid,oo hereby oenify that DANIEL P. DUNIGAN Atwrney-ih-Fact Wthe N'A'TIONAL FIRE INSURANCE COMPANY OF HARTFORD whose name is s€gnad to tits tornoing bona,mis day personally apyeared before me in my State and County air reswc and acknow qeo the same. Given under my hand this 13W#of FEBRUARY tJry commission expires: NnTADJAr N Lary Pubic ARLEPdd C,TRC;FF. ,'lata,-:,p 51, Davi , L'eiarvare Ct2144,plic PA L GoanmissiQn Expires tVovember 14,1596 POWER OF ATTORNEY APPOINTING INONIDUAL ATTORNEY-rq-FACT r e Know All Wien By These Presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,a Pennsylvania corporation(herein collectively called"the CNA Surety Companies"),are duty organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint William F, O'Brien,William F, Simkiss,John R.Waite,John A. Simkiss, III, Daniel P. Duni an.Individually_ of St. Davids, Pennsylvania their true and lawful Attomey(s)-in-Fast with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and oonfirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof,duly adopted,as indicated,by tie Boards of Directors of the corporations. In Witness Whereof,the CNA Sureties Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 12th day of October , 1995 CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD? cowo"rAMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA Z e 2" �D 0 SEAL Y °; JIrML M.G.Vonnahme Group Vice President State of Illinois, County of Cook,ss: On this 12th day of October 1995 ,before me personally came M. C.Vonnahme ,to me known,who,being by me duly swom,did depose and say.that he resides in the Village of Darien ,State of Illinois; that he is s Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same is be the act and dead of said corporations, zo PMARY ruauc 1_00k Co• ` My Commission Expires October 19, 1998 Linda C. Dempsey Notary Public CERTIFICATE 1,John M. Littler , Assistant Secretary of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attormay herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. in testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 13TH day of FEBRUARY 1996 . CONTINENTAL CASUALTY COMPANY a4�' FY- s1 °lt44rc� NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA nrtr tc. � SEAL ML John M.Littler Assistant Secretary (Rev.7/14/95) Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant W and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX--Execution of Documents Section 3.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such attomeys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President or the Board of Directors,may,at any time, revoke all power and authority previously given to any attorney-in-fact. This Power of Attomey is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of Febnrary, 1993. "Resolved,that the signature of the President or any Executive. Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article Vl--Executlon of Obligations and Appointment of Attorney-in-Fact Section 2.Appointment of Attorney-in-fact The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President may,from time to time,appoint by written certificates att6meys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature.Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seat of the Company thereto.The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a ruing duly called and held on the 17th day of February, 1993. "Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by fax~;irnile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED:That the President, an Executive Vice PresidaM or any Senior or Group Vice President of the Corporation may,from time to time, appoint, by written cartific Ates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments c-f like nature. Such Attorneyan-Fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto.The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attomey-in-Fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1953. "RESOLVED: That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." BOND #138090245 SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE . 66499.0 STREET I14PROPEMENTS WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and ESTATES AT SAN JUAN CAPISTRANO, L.P., A LIMITED PARTERSHIP OWNED BY WHOL heY-OWNED SUBS , . reafter 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 w __ 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 T COMPANY OF HARTFORD as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of FOUR HUNDRED TWENTY TWO THOUSAND FOUR HUNDRED EIGHT ($422,408) 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 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 13TH day of FEBRUARY 19 96 , at California. ESTATES AT SAW JUAN CAPISTRANO, L.P. PRINCIPAL A CALIFORNIA LIMITED PARTNERSHIP TOLL CA GP CORP. ,general partner '!q7- hj' ORATION BY: JAMES BOLD — VI P SII]ENT NOTARIZATION AND SEAL) APPROVED AS TO FORM: SURETY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD BY DANIEL P. DUNIGAN ATTO -IN-FACT CITY ATTORNEY (NOTARIZATION AND SEAL) Page 2 - Subdivision Performance Bond r i AC XNOWLE04'-EMENT!OF PPRIM3MPALM STATE OF t COt3NTY OF 1. Notary Public m ant for Mo Stale and County atorasald,on hereby tarrbty that whose name is aigned as the lorogoing bona.Via day personally appeared belors me in My State and County aforesaid and acknowledged"same. Given under my hand Thitc�oay of /( 1' Notary Public JANKE GUEN REHAK � Comm.#1063519 r ' NOTARY F g COY ORMA Orange �' .,��o My comm.Exvira�.luly 2,1999 -' ACKNOWLEDGEMENT OF CORPORATE Stli M(S) STATE OF PENNSYLVANIA cobwy OF DELAWARE ARLENE 0 STROFF Notary Public in and for the State and County atoresaid.oo twaay cavity that DANIEL P. DUNIGAN lorr* NATIONAL FIRE INSURANCE COMPANY OF HARTFORD those name is stoned to trio foregoing bond,this day personally appeare-d before me in my State and Goumy wDresaia and acknowleagea the same. Givan under my hard this 13T&I FEBRUARY M `c Ig 96 my commission®xp res: '6%TR9FF Plutary i'Mc N jltfy Pubi,e St, Davids, Delaware Country. PA ly Commission Expires November 14,I POWER OF ATTORNEY APPOIN71NG INDIVIDUAL ATTORNEY-W-FACT Know Alf Men By These Presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,a Connecticut corporation.AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA,a Pennsylvania corporation(herein collectively called"the CNA Surety Companies"),aro duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint William F. O'Brien,William F. Simco ss,John R.Waite.Joan A. Simkiss, 111, Daniel P. Dunioan. Individual) of St. Davids, Penns Ivania their true and lawful Attnrney(s)-in-T=act with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature .In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions,printed on the reverse hereof, duly adopted,as indicated, by the Boards of Directors of the corporations. In Witness Whereof,the CNA Sureties Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 12th day of October , 1995 CONTINE=NTAL CASUALTY COMPANY %oowoKqr NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA AXY it to OV SFJILt l .. oe 7897 4age e M.C.Vonnahme Group Vice President State of Illinois, County of Cook.ss: On this 12th day of . October 1995 ,before me personally came M. C.Vonnahme ,to me known.who, being by me duly sworn, did depose and say:that he resides in the Village of Darien , State of Illinois; that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. - `20 PUBLIC �o i`` i✓ ek Co.. My Commission Expires October 19, 1998 Linda C. Dempsey Notary Public CERTIFICATE 1.John M. Littler ,Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 13TH day of FEBRUARY 1996 CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA °a SERI. 7Q97 � e John M.Littler Assistant Secretary (Rev.7114195) Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following ByLaw duly adopted by the Board of Directors of the Company. 'Article IX—Execution of Documents Appointment of Attomeyan-fact The Chairman of the Board of Directors,the President or any Executive, Senior or Section 3.Appo Ent b written certificates attomeys-in-fact to act in behalf of the Company in the Group Vice President may,from time id time,apps' y execution of policies of insurance,boricls,undertakings and other obligatory have 'wee to bind the Company by their s gnatureua}ect nd to the limitations set forth in their respective Certificates of authority, Pn execution of any such instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the previously nt or any Executive,senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority pr . Y given to any attomey-in-fact. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February.1993. "Resolved,that the signature er of the Presidor ent pursuant to, Senior or Group Vice Section3 of Article IX of theydent and By-Laws an the signature of seal of the the may be affixed by facsimile on any pow Y 9 p ower and Secretary or an Assistant Secretary and the seat of the Company may be affixed by facsimile to any certificate of any such p an power or certificate bearing such facsimile signature and seal shalt be valid and binding an the Company.Any such power he executed Y certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached, and sealed and certified by continue to be valid and binding on the Company.* ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN.CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. 'Article Vl-�ecubon of Obligations and Appointment of Attorney-in-Fact Section 2 Appointment of Attameyin-fact The Chairman of the Board of Directors,the President or any Executive, Senior or Group -in-fact to act in behalf of the Company in the execution of Vice President may,from time to time,appoint by written certificates attorneysha ns policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such attorneys-i and execution olim such set forth in their respective certificates of authority,shatio ll have full paver bind the Company ysignature instruments.and to attach the seat of the.Company thereto.The President or any Executive, Senior or Group Vice President may at any time revolve all power and authority previously given to any attorney-in-fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 171h day of February,1993. 'Resolved,that the signature of the President or any Executive. Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the an Secretary or an Assistant Secretary and the seat of the Company may be affixed by facsimile to any certificateipany.Any s ch anysuch executed P and power or certificate bearing such facsimile signature and seal shall be valid and� bond ling n the ndertaCory king to which it is attached,continue sealed and certified by certificate so executed and sealed shall,with respect Y to be valid and binding on the Company.' ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. ration may,from time "RESOLVED:That the President, an Executive Vice President,or any senior or GrouVice n the�eznextion of pales of insurance.bonds, to time,appoint.by written certificates.Attameys-in-Fact to act in behalf of the corporation undertakings and other oha�ha eifu11 were m bind the Corporation by their grsaturesubject and execution of any sset instrument trumenttheir a d ch certificates of authority,s power the seal of the Corporation thereto.The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attomey-in-Fact" is facsimile under and by the authority of the 993`l owing Resolution adopted by the Beard This Power of Attorney signed and sealed by of Directors of the Company at a meeting duly called and hold on the 17th day of February, of the "RESOLVED:That the signature of the President,an Executive Vice Presidentpursuant.o the Resolution adopted by this Board of Directors on Corporation may be affixed by facsimile on any power of attorney granted p facsimile to February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the d seal sal may valid affixed binding by any certificate of any such power,and any power or certificate bearing such facsimile signature and seal sell with res act ny bond or Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed. undertaking to which it is attached,continue to be valid and binding on the Corporation." FLEAS ED �.> Or Bond No. DAA �—'� 1NITJALS ����LAI�30RANIS MATERIAL BOND (GOVERNMENT CODE, SECTION 66499.2) STREET IMPROVEMENTS WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and ESTATES AT SAN .YUAN CAPISTRANO$ L.P.} A LIMITED PARTNERSHIP OW ED 13Y W1% YWrtWItED SSTBSIDIJR�ES OF, pLLBK HER , INC e eta er estgna a as rtncipa }, ave entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements which said Agreement, dated 19___ , and identified as Project CAVT9TPAXn ESTATES TRACT #I3726 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 COMPANY OF HARTFORD as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of FOUR HUNDRED TWENTY TWO THOUSAND FOUR HUNDRED EIGHT Dollars ($ 422,408.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. . The condition of this obligation is such that, if the above bound Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees Iof2 The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the Specifications. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the 13TH day Of FEBRUARY1996a the name and corporate seal of each corporate party berg hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. ESTATES AT .SAN JUAN CAPISTEtANO, L.P. PRINCIPAL A CALIFORNIA LDaTED PARTNERSHIP BY: TOLL CA GP CORP. ,GENERAL PARTNER _ A Zj!!2IA4RPORATION BY: JAMES BO CE PRESIDENT A P OVED AS TO FPR9 NOTARIZATION AND SEAL) ,RICHARD K. DENHALTER, CITY ATTORNE SURETY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD DANIEL P. DUNIGAN ATTO EY-IN--FACT (NOTARIZATION AND SEAL) NOTE: Please Attach Acknowledgement and Power of Attorney 2 of 2 4 S ACKNOWLF-9GEMENT OF PR,.f.NN PAL(S)t STATE OF COUNTY OF �`f•11�� t t Notary Public rn and for mo State and County atoresald<aD neretey esnity tnai whale name is Ipgned m the foregoing bona,this day parsonaky appeared Wore me In my Slate and County ajoreyaid and acknovoodged tie Same. Given unser my hand thi6Qay of _ t g� 4 faye , -- NDtary Public {gAfOFTy� JANICE GILDLN-RENAK � p E�tt Comm.#1063529 r NOTARY PUBM•CALIFORNIA � orange County My Comm.Expires Jutf2,1999 ° ACKNOV&EDGEMENT OF CORPORATE SURETYIS) STATE OF PENNSYLVANTA CCXiNTY OF DELAWARE I ARLENE OSTROFF Notary Pubbe in and lar tie Slaie and County aforesaid.oc ho(ODy Cenity trial DANIEL P. DUNIGAN Arorney.it Pio iw" NATIONAL FIRE INSURANCE COMPANY OF HARTFORD - who"tome a sign"to tno lorapoft bona.Alia day personally appsared before me in my State and County aiomsa,a and aeknoMeogeo the same. Givan urxier my hared his 13� of FEBRUARY 1t1 96, C;Q7u41t8SIDl38XPIreS: � �....,.i3is±l.��r.,,i_�A � NOS GutsllC ARLENE GS'(itf)FF, Pp32`a fwb?io St Davids, 33c:l ww; Courtly, PA Y GDmhnission Expires November 14, 1996 POWER OF ATTORNEY kPPODrMG IN?NI®UAeL ATTORNEY—N—FACT Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,a Pennsylvania corporation(herein collectively called"the CNA Surety Companies"),are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint William F. O'Brien.William F. Simkiss, John R.Waite,John A. Simkiss. III, Daniel P. Dunixxan. Individual) of St. Davids, Pennsylvania their true and lawful Attomey( Hn-Fact with full power and authority hereby conferred to sign,seat and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions,printed on the reverse hereof,duly adopted,as indicated, by the Boards of Directors of the corporations. In Witness Whereof,the CNA Sureties Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 12th day of October , 1995 CONTINENTAL CASUALTY COMPANY wrw NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA lutY lx, � �c3 SEAL f ism t E97 1rAR • M.C.Vonnahme Group Vice President State of Illinois,County of Cook,ss: On this 12th clay of October 1995 before me personally came M. C.Vonnahme ,to me known,who,being by me duly swom,did depose and say:that he resides in the Village of Darien ,State of Illinois; that he is a Group Vk-s President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrurnent;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuard to like authority,and acknowledges same to be the act and deed of said corporations. *c,. o ?a WTARY PUBLIC ok Co.. My Commission Expires October 18, 1998 Linda C. Dempsey Notary Public CERTIFICATE [,John M. Littler ,Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 13THdayof .- FEBRUARY 1996 CONTINENTAL CASUALTY COMPANY o`t^ NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA AMY 3 SEAL 4 . John M.Littier Assistant Secretary (Rev.7114l95) Authorizing By-Lavers and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX--Execution of Documents Section 3.Appointment of Attomey-in-fact.The Chairman of the Board of Directors,the President or any Executive. Senior or Group Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behatf of the Company in the execution of policies of insurance,bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved,that the signature of the President or any Executive. Senior or Group Vice President and the sea!of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company.* ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article W--Execution of Obligations and Appointment of Attorney-in-Fact Section 2 Appointment of Attomey-in-fact The Chairman of the Board of Directors,the President or any Executive. Senior or Group Vice President may,from time to time,appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attomeys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have fult power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIDE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant tc and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED:That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may,from time to time, appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature.Such Attomey-in-Fact,subject to the limitations set forth in their respective certificates of authority,sh0 have full power to bind'the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto.The President,an Executive Vice President,any Senior or Group'+lice President or the Board of Directors may at any time revoke all power and authority previously given to any Attomey-in-Fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Re�sohjbhan a:lopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature and seat shall be valid and binding on the Corporation.Any such pourer so executed and sealed and certified by certificate so executed and sealed, shall with respect to any bond or undertaking to which it is attached,continue to to valid and binding on the Corporation." CONTRACr BOND — CALIFORNIA " EL D FAITHFUL PERFORMANCE - PUBLIC WORK DATE Bond No. 138090181 Initial premium charged for this bona .s INITIALS ' ,._. $ 200.00 subject to adjust- ment upon completion of contract at appii- cable rate on final contract price. KNOW ALL MEN BY THESE PRESENTS, that ESTATES AT SAN JUAN CAPISTRANO, L.P. , A LIMITED of CALIFORNIA �y PA1sTN cipalO NE]t� WHOLLY--OWNED SUBSIDIARIES OF TOLL BROTHERS, INC. a corporation organized and existing under the laws of 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 Dollars ($ $40,000.00 ), 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 1S SUCH, that WHEREAS, the above-bounded Principal has entered into a Contract dated with the City of San Juan Capistrano to do and perform the following work, to wig Subdivision i+lonurnen�s for FINAL TRACT HRP #1.3725 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 13TH day of .FEBRUARY _ 19 9fi ESTATES AT SAN .TITAN CAPISTRANO, L.P. A CALIFORNIA LD[ITED PARTNERSHIP P ri nci pal BY: TOLL CA GP CORP. A CAL IFO IA ORPORATION TH R APPROVED AS TO FORMt ay J PRESIDENT IONAL IRE INSURANCE COMPANY OF HARTFORD City attorney DANIEL P. DUNIGAN ATTO Y-IN--FACT VOTE: Acknowledgements of execution of Principal and Surety must be attached. r A01KNOWL15-t kEENT OF PRINCt AL4S)) STATE OF NTY OF — f Nonny Pubic in and for trts State and County aipratatd,as neratsy a,ftity that wn,"&name is asgned to she iafsgc�ng bone,arts day personalty appeared balofe me in my State and County sloraasia and I acknowledged the same. Given urwar my hand this&oay of FAy rxxtrmtxatorr �. _~ JA G4 ADEN-REHAK v Notary Public ,4A Comm.#1063519 N07ARY PUKIC•CAItFDRtI#R 'grange County . ?.',y C=nn.Expires J41Y 2,1999 ACKNOWLEDOPMENT OF=RPORATE SURETY(S) STATE OF PENNSYT.VANIA COONTy OF. DELAWARE # ARLENE O STROFF Notary Putgic in and for the Stale and County atoresaid.oa hedeoy Gerrity that DANIEL P. DUNIGAN AttarnaylrrFa« tortha NATIONAL FIRE INSURANCE COMPANY OF HARTFORD whose name ie stgned to tha twnoing pond,tttis day omonally appeared belora me in my State and County ators"o and nnknow'leooeo the sarne, Glmsn urxw my hand ttsi6 3TA of FEBRUARY AAy commission eYtxras: TW(�7:^3 . SEAL ARLLNL $P�t�i'otar+,Public story Peel St. Davids. DehwFw County, PA My Commission Fatpires Novembrar 14,1.986 POWER OF ATTORNEY APPOINTNG ,NDMI./UAL A 1 1 ORIEL'-N-FACT Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY,an lllinois corporation, NATIONAL.FIRE INSURANCE COMPANY OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,a Pennsylvania corporation(herein collectively called"the CNA Surety Companies"),are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint William F. O'Brian, William F. Simkiss, John R.Waite,John A, Simkiss. Ill. Daniel P. Duni an, Individual) of St. Davids, Penns Nania Their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature In Unlimited Amounts- and to bind thorn thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given are hereby raged and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof, duly adopted,as indicated, by the Boards of Directors of the corporations. In Witness Whereat,the CNA Sureties Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 12th day of October 1995 CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD ODWOWr AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA EAL ML IB07 q M.C.Vonnahme Group Vice President State of Illinois, County of Cook,ss: On this 12th day of October 1995 before me personally came M.C.Vonnahme ,to me known,who,being by me duly sworn, did depose and say.that he resides in the Village of Darien ,State of Illinois; that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. D 2� a PIOTAFiIr PUBLIC CIA- My °A-My Commission Expires October 19, 1998 Linda C. Dempsey Notary Public CERTIFICATE I.John M. Littler ,Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resalubon of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seats of the said corporations this 13TH day of FEBRUARY , 1996 CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD ` AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA Gc� 5EAL Jill Ma John M.Littler Assistant Secretary (Rev.7/14195) Authorizing By-Lars and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX— Execution of Documents Section 3.Appointment of Attomey-in-fact The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds,undertakings and other obligatory instruments of like nature. Such attomeys-in-fact. subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact. This Pourer of Atmmey is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved,that the signature of the President or any Executive. Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate gearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article V6---Execuldon of obligations and Appointment of Attorneyan-Fact Section 2.Appointment of Attomey-in-fact The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President may,from time to timi,appoint by written certificates attomeys4n-fact to act in behalf of the Company in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such attomeys-in-fact,subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact" This Power of Attomey is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1983. "Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affoced by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be afCoced by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company.' ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED:That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may,from time to time,appoint, by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like.nature. Such Attorney4n,-Fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto.The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-'Fact." This Power of Attomey is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED:That the signature of the President,an Executive Vice President or any Senior w Group\A=President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adoph�d by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such pourer,and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation."