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1996-0204_S.J. HILLS L.P._Asgmt of Improvement Agrmts (2)Christy Jakl From: Christy Jakl Sent: To: Friday, May 18, 2012 3:04 PM 'Corinna Ocampo' Subject: RE: Tracts 13865 and 13436 Bond Releases for Pacific Community Builders Attachments: 12-0518 SJ. Hills (TR 13436 & 13865) (Travelers).pdf; 12-0518 SJ. Hills (TR 13436 & 13865) (Developer).pdf Hello, Thank you for the information. I will place the released bonds in today's mail. Attached is a copy of the transmittals for your records. Kindest Regards, Chl-is~ Jakl Deputy City Clerk City of San Juan capistrano 32400 Paseo Adelanto San Juan capistrano, CA 92675 (949) 443-6310 I (949) 493-1053 fax From: Corinna Ocampo rmallto:Corlnna@pcbinc.coml Sent: Friday, May 18, 2012 2:29 PM To: Christy Jakl Subject: RE: Tracts 13865 and 13436 Bond Releases for Pacific Community Builders Hi Christy, As requested, here are the mailing addresses: Development Surety & Indemnity Co. PO Box 19725 Irvine, CA 92614 Gulf Insurance has merged with Travelers Indemnity Company and are now operating under this name. You may send the release letters and bonds to: Travelers Indemnity Company Attention: Christine Cahill 485 Lexington Avenue 4th Floor New York, NY 10017 These are my list of bonds posted by SJ Hills LP for Tracts 13865 and 13436 that are subject for release: 13436 Gulf Insurance BE2616365 S 25,000 Grading Bond 06/05/2003 Co. 1 13436 Gulf Insurance BE2616366 $167,500 Street Improvements 06/05/2003 Co. 13436 Gulf Insurance BE2616367 $426,000 Water Improvements 06/05/2003 Co. 13436 Gulf Insurance BE2616368 $ 221,7.22 Sewer Improvements 06/05/2003 Co. 13436 Gulf Insurance BE2616369 $488,218 Street Improvements 06/05/2003 Co. 13436 Gulf Insurance BE2616370 $ 11,000 Monuments (performance 06/05/2003 Co. bond only) 13436 Gulf Insurance BE2616371 $287,628 Storm Drain 06/05/2003 Co. 13865 Gulf Insurance BE2616322 $ 65,000 Landscape (Equestrian Trail Head 02/05/2003 Co. Improvements) 13865 Gulf Insurance BE2616323 $200,800 S. J. Creek Tr~ffic Signal 02/05/2003 Co. 13865 Developers Ins. 415807S $108,000 Valle Road Traffic Signal 03/05/1996 Co. 13865 Developers Ins. 8143865 $ 19,600 Via Entrada Street Maintenance 05/17/1999 Co. Can you please review and Jet me know if the above matches your list? Also, can you please send/email me a copy of the bond release letters that you will be mailing out to the insurance companies? We appreciate any help you can extend in the prompt release of the bonds. Please Jet me know if you have any questions or need anything else. Thank you, Corinna Ocampo Tel (949) 660-8988 ext 172 From: Christy Jakl fmallto:dakl@sanjuancapistrano.orgl Sent: Friday, May 18, 2012 8:32AM To: Corinna Ocampo Subject: Tracts 13865 and 13436 Bond Releases for Pacific Community Builders Good Morning and Happy Friday Corinna, I am preparing the Pacific Community Builders bonds for release but I do not have current contact information for the insurance companies. Would you please provide me with the mailing addresses for Gulf Ins. Co and Development Surety & Indemnity Co.? Thank you! Christ~ Jakl Deputy City Oerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 2 {949) 443-6310 I (949) 493-1053 fax 3 Christy Jakl From: Sent: To: Cc: Subjed: Attachments: Good Afternoon, Christy Jakl Friday, May 18, 2012 4:04 PM Jim Ross Lindsey Mannan Release of Tract 13436 and 13865 Bonds 12-0518 S.J. Hills (TR 13436 & 13865) (Developer).pdf; 12-0518 SJ. Hills (TR 13436 & 13865) (Travelers).pdf For your records, attached are the transmittals send for the release of bonds related to Tracts 13436 and 13865. Have a nice weekend! Ch\'"isli Jakl Deputy Oty Clerk City of San Juan capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 1 (949) 493-1053 fax 1 32400 PASEO ADELANTO MEI,IBERS OF lliE CITY COUNCIL SAM ALLEVA TO U\URA FREESE lARRY KRAMER OCRCKREEVE JOHN TAYLOR SAN JUAN CAPISTRANO. CA 92675 (949) 493-1171 (949) 493·1 053 FAX 11 'II ·u:.wr niua 1/Ctlfll H l'r//10. org " May18,2012 Development Surety & Indemnity Co. PO Box 19725 Irvine , CA 92614 Re: Release of Bonds-S.J. Hills Tract 13436 and 13865 Dear Sir or Madam: This letter is to inform you that the following bond issued to S.J. Hills for Tract 13436 and 13865 are officially released as of May 18, 2012: BONO NO. 8143868 4158078 PURPOSE Performance -Street Maintenance (Via Entrada) Performance -Traffic Signal AMOUNT s 19,600.00 108.000.00 The City of San Juan Capistrano hereby fully and forever releases and discharges Developers Insurance Company from any and all liability under the abovementioned bond numbers. The original -released -documents are enclosed. If you have any questions, please do not hesitate to call me at (949) 443-631 0. Christy Jakl Deputy City Clerk Enclosures as noted cc: (Letter copy only) James G. Ross. Interim Public Works Director; Corinna Ocampo, Pacific Community Builders San .Juan Capistrano: Preserving the Past to Enhance the Future t,,J P<"' ll MIOO% fiK)Cieol P. t .· .. \ BOND NO: 4158075 SUBDNISION FAITHFUL PERFORMANCE BONo PREMIUM: $1,944.00 TRACT 13865 (GOVERNMENT CODE • 66499.1) BAltEY ROAD TRAFFIC SIGNAL -vrJ.tt. WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and S.J. HILLS, A CALIFORNIA LIMITED PARTNERSHIP I (hereafter designated as "Principal"), ha~e entered into a Subdivision Agreement whereby Pr~ndpal 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 I ·furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, we, the Principal and ___________ _ DEVELOPERS INSURANCE COMPANY , as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of ONE HUNDRED EIGHT THOUSAND AND N0/100**** ($108,000.00) 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. ~OW, THEREFORE, the condl tion of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and ·1oid; 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. 2. Said Surety, for value received, hereby stipulates and agrees that :to 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 thls 14TH -----day of FEBRUARY 19 96 , at __ .... n""N&.I.TQA~RI~~.~o.O'-------------' California. APPROVED AS TO FORM: /JJJ!!JJJ.Ji CITY ATTORNEY Page 2 ~Subdivision Performance Bond . . S.J. HILlS, A CALIFORNIA LIMITED PARTNERSHIP PRlNCiPAJ.ITS GENERAL PARmER PACIFIC <DMMUNITIES BUILDERS, INC. (NOTARIZATION DEVELOPERS INSURANCE COMPANY SUltETY ,dutri·l~ AMER_/ 0 -r<J ~ } STATE OF CALIFORNIA f\ }ss. COUNTYOF ________ ~0J~L~a~.~~~f~------~} On Fe b · I {--} CJ qfo , before me, __:::.._..t~~___:_:_~~~~-l.........l.~:..l...L- -------------------------' perso ally known to me (sL.prov..ecUG me-eA-the-Gasis-ef-..satisfactor.y evideFtee) to be the person>') whose name~s) is/~ subscribed to the within instrument and acknowledged to me that he/7~e/t?ey executed the same in his/~~r/th~r authorized capacity(i~), and that by hislh/r!thersignature~ on the instrument the person~) or the entity upon behalf of which the person~ acted, executed the instrument. WITNESS my hand and official seal. Signature~L ~ +J~ (Th1s area for offiCial no1anal sea~ Title of Document ~.!:.l..:.:s:::2Joa....:....:_..;s~.~-..:....:::::--.!........l....!.........J..,:;.~~L....!..:...:::=---l::~..:....:=...:.....:::-,....------- Date of Document --~~~-~+--~-. Other signatures not acknowledged --..:P....,~~'----'--'-~=:..::1.<.....1.-,;,......:....!:.,_,:'-------- 3008 (1/94) (General) Fnsl Amencan T111e Insurance Company CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA s.s. COUNTY OF San Bernardino On .2-/ ({-~ G, , before me, Frances Lefler. Nota6Y Public , personally appeared ----~K~e~l~l~y~~A~·~S~a~i~t~m~a~n~-----------------------------' X personally known to me; or proved to me on the basis of satisfactory evidence to be the person(~) whose name(~) is~~subscribed to the within instrument and acknowledged to me that (~/she/~~ executed the same in ~/her/~~ authorized capacity(~~' and that the entity upon behalf of which the person~) acted, executed the instrument. WITNESS my hand and official seal. (SEAL) CAPACITY CLADIED BY SIGNER: oooo~oooooooooeoocoooooooooooooo e o z ~·· . FRANCES LEFLER z -, COMM. #1058976 ~ • S,' , • NOTARY PUBUC·CALIFORNIA pS · , ' SAN BERNARDINO COUNTY 1 My Comm. Exp. May 14, 1999 ! woooooooooeooeoooooooooooooooooo Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. ___ Individual(s) ___ Corporate Officer(s) Titles ___ Partner(s) -=X-~Attorney-in-Fact ___ Trustee(s) ---~Guardian/Conservator ___ Other: Signer is representing: and and --------------Limited ____ General *********************************************************** ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document. Title of type of document: Bond Number of pages: Date of document: -. Signer(s) other than named above: ~n=o=n=e~----------------- THIS CERTIFICATE HOST BE ATTACHED TO THE [)()CtJHEN'J.' DESCRIBED ABOVE. ICAS/11191138 J EXFCUTED IN TRIPLICATE Bond No. 415807S PREMIUM INCLUDED IN PERFORMANCE BOND SUBDIVISION LABOR AND MATERIAL BOND . (hereinafter desig11ated as "Principal"), have e'ltered into a Subdivision Agreement whereby Principal agrees. to il'lstaU and complete certain desig"lated improvements which said Agreement, dated 19 ___, and identified as Project TRACT 13865 I BALLEY ROAD TRAFFIC SIGNAL is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to fumish a bond for the faithful performance of said agreement; NOW, THEREFORE, we, the Principal a'ld ____________ _ DEVELOPERS INSURANCE COMPANY as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the p~"laJ sum of ONE HUNDRED EIGHT THOUSAND AND N0/100**** Dollars ($ 1 as, ann aD*** ) lawful money of the Ul'lited Sta~es, for the payment of which sum well and truly to be made, we bi"\d ourselves, our heirs, successors, executors and admhistrators, jointly a"ld severally, firmly by these presents. The condition of this obligatio., is such that, if the above bound Prhdpal, his or its heirs, executors, admi'listrators, successors or assigns, shall i'l all things stand to and abide by a"ld well and truly keep a'ld perform the co·1enants, col'lditions and provisio"ls i"l the said agreement a'ld a'ly alteration thereof made as therein provided, on ·his or their part, to be kept a'ld performed at the time a"ld i'1 the man11er therein specified, al'ld i'l all respects according to their true tl'ltent a1d meaning, and shall i11demnify al'ld save harmless the City, its officers, agents and employees as thereh stipulated, the!'~ this obligatio-, shall oecome null and ·toid; otherwise it shall !le and remai"l i"l full force and effect. As part of the obligatio, secured hereby and i'l additio'l to the face amount specified therefor, there shall be i'lcluded casts a'1d reasonable expe'lses and fees 1 of 2 ·;; The Surety hereby stipulates and agrees that "lO change, exte"lsio., of time, alteratio"l or addition to the terms of the agreement or to the work to be performed thereu'lder or the specificatio'ls accompanyi'lg the same shall i'l any wise affect its obligatio"ls on this bond, and it does hereby waive notice of a"ly such change, exte1sio'1 of tim~, al'teratiO"l Or addittO'l to the terms of the agreeme'lt or to the work Or to the specifications. IN WITNESS WHEREOF, three (3) identical counterparts of this i 1strume1t, each of which shall for all purposes be deemed a~ origi'la! thereof, have bee'l duly executed by the Principal a'ld Surety herei"l ''lamed on the 14TH day of FEBRUARY , 19~ the name and corporate seal of eac!'l corporate party bei'lg hereto affixed a'ld these prese!'lts duly sig'led by its undersig11ed represerttatives pursua"lt to authority of its governing body. RI~HARD K. DENHALTER, NOTE: Please Attach Acknowledgement and Power of A ttor'ley S.J. HILLS, A CALIFORNIA LIMITED PARTNERSHIP PRINCIPAL ITS GENERAL PARTNER PACIFIC roMMUNITIES BUILDERS, INC. (NOTARIZATION A DEVELOPERS INSURANCE COMPANY SURETY 2 of 2 AN ATTORNEY-IN-FACT (NOTARIZATION AND SEAL) AM E ~I 0 <1 ~ } STATE OF CALIFORNIA tf) }ss. COUNTY OF ____ ~LY:.......L......rtf~~+-=e__=--__ _,} On :P-e.b ' I f /WI~ ' before me, Jos. "e.f Lit. e {}1ctrie ~ r-e ..d personally appeared /{'-{)_ J ~() h. C h. U 117 ~~~~~~~~~~~~~~~~~~~~~~~~' personally known to me (Gr:-f3revee to rne-on-the-6asis-of-sat+sf-aetor..y-evideuce)-to be the personji) whose name;S) is/?fe subscribed to the within instru ment and acknowledged to me that he/~!tpe'y executed the same in hislh¢1-ltlf~ir authorized capacity(i,-1, and that by his/?e'r!t')lir signature}$) on the instrument the person?' or the entity upon behalf of which the person~ acted, executed the instrument. WITNESS my hand and official seal. Signature ~ /l1a~ y)~ 1@. . ... :."" ."" J.OSEPHIHE MAR~;,. Cf) • ~ COMM. 6 1060740 > a: ! •a · Nttary Ptlblit Clifwnia :0 <(~· ; • ORA~G~ COUNTY ~ ---~ ~~&!!H3~l( ::A><>=::><:><:=><><>~ (This area for off1cial notarial seal) Title of Document S kt::k-J 1' U ,' ~()--)1 Lq L,r S J1Jlq_-J-<{? Y' /a_ { %oM. d Date of Document d. · / C/ · 7{4 No. of Pages._,--____,,c.d~,-------- Other signatures not acknowledged K:e, 1/y H . J..aJ:!Udi '( 3008 (1/94) (General} F~rst Amencan T1t1e Insurance Company RIDER BOND NUMBER --j "OOPLICATE CRIGINAL" EXECUTID IN lRIPLICATE - DATE OF NOTICE BONO NUMBER TYPE OF BONO MARCH 5, 19 ~6 415007S PERF~E/PAYMHIT BOND FOR 1RAFFIC SIGNAL "TRACT 13865 Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions, agreements, warranti es of the above mentioned bond, other than stated as below. 0 B L I G E E CITY OF SAN JJAN CAPISllWI) 32400 PASEO ftDELAWTO SAN JJAN CAPISTRA~. CA 92675 Gentlemen: This Rider is to be attached to and form a part of the above captioned bond effective FEBRUARY 14, 1996 This Rider is on behalf of S.J . HILLS, A CALIFffiNIA LIMITED PARTNERSHIP and in favor of the Obligee stated abov In consideration of the premium charged, it is understood and agreed, effective from above date, tha PRQJECT: lRPCT 13865/BALLEY ROAD lRAFFIC SIGNAL IS AMENDED m READ: TRACT 13865/VALLE ROAD lRAFFIC SIGNAL p A o AVERBECK aM> ANY I NsuwtE BROKERS D 3270 INLAND EMPIRE Bl #100 g Om-ARIO, CA 91764 E A OBLIGEE COPY Provided, however, tha t the liab ili ty of the company under the attached bond as changed by this order shall not be cumulative. 5fH day O~'AAQi, 1996 CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF San Bernardino ) ) ) s.s. On ;) ..-1 tf-· tJ Le , before me,, Frances Lefler, Notarv Public , personally appeared Kelly A. Saitman X personally known to me; or proved to me on the basis of satisfactory evidence to be the person(~) whose name(~) is~exsubscribed to the within instrument and acknowledged to me that (~/she/~~ executed the same in ~/her/~~ authorized capacity(~~' and that the entity upon behalf of which the person~) acted, executed the instrument. WITNESS my hand and official seal. (SEAL) CAPACITY CLADIED BY SIGNER: Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. _____ Individual(s) _____ Corporate Officer(s) Titles _____ Partner(s) ~X--~Attorney-in-Fact ____ Trustee(s) _____ Guardian/Conservator _____ Other: Signer is representing: _____ Limited and and ____ General *********************************************************** ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document. Title of type of document: Bond Number of pages: Date of document: Signer(s) other than named above: ~n~o~n~e~------------------ THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE. ICAS/189838 POWEIR OIF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY P.O. BOX 19725, IRVINE, CA 92713 • (714) 263-3300 N~ 244970 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March, 1996. 2. This Power of Attorney is void if altered or i(any portion is erased. 3. This Power of Attorney is vo!d unless the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice is In red ink. 4. This Power of Attorney should not be returned to the Attorney(s)-ln-Fact. but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that, except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint ***Jay P. Freeman, Richard P. Crean,. John M. Schack, Kelly A. Saitman, jointly or severally* the true and lawful Attorney(s)-ln-Fact, to make, execute, deliver and acknowledge, lor and on behalf or each of said corporations a11 sureties, bonds, undertakings and contracts of suretyship In an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) In any single undertaking: giving and granting unto said Attorney(s)-ln-Factfull power and authority to do and to perform every act necessary, requisite or proper to be done In connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation: and all of the acts ol said Attorney(s)-ln-Fact. pursuant to these presents, are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts ol suretyship: Bank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of installment paper. note guarantee bonds, bonds on financial institutions,lease bonds, Insurance company qualifying bonds, self-insurer's bonds, fidelity bonds or bail bonds. This Power ol Attorney Is granted and Is signed by facsimile under and by authority ol the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986: RESOLVED, that the Chairman of the Board, the President and any Vice President of the cprporatlon be, and that each ol them hereby Is, authorized to execute Powers ol Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assis- tant Secretary ol the corporation be, and each of them hereby !S, authorized to attest the execution of any such Power ol Attorney: RESOLVED, FURTHER, that the signatures of such officers may be allixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shalt be valid and binding upon the corporation when so affixed and In the future with respect to any bond, undertaking or contract of suretyship to which It Is attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 1st day ol April, 1993. INDEMNITY COMPANY OF CALIFORNIA ATTEST By_.Nt$W STATE OF CALIFORNIA) Walter Crowell Secretary ) ss. COUNTY OF ORANGE ) DEVELOPERS INSURANCE COMPANY By ____ _ ATTEST . ()~., R"----, - F. Vincenti, Jr. f resident By_._.IL.......;!}U~Idu~W.~- Watter Crowell Secretary On July 15, 1994, before me, the undersigned, a Notary Public In and for said State, personally appeared Dante F. Vincenti, Jr. and Walter A. Crowell, per- sonally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as President and Secretary on behalf of Indemnity Company of California and as President and Secretary of Developers Insurance Company, the Corporations therein named, and acknowledged to me that the corporations executed it. WITNESS my hand and official seal. !:_ilL·~) Signature ____ .,_LJ__,_-"~'--_...:..;..'f/J_,_.._._.L-~------ Notary Public CERTIFICATE @ OFFICIAL SEAL J. ALVARADO COMM. #1023169 NOTARY PUBUC • CAUFORNIA ORANGE COUNTY My Commission Exp. Apr. 17, 1998 The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power ol Attorney remains In run Ioree and has not been revoked: and furthermore, that the provisions of the resolutions of the respective Boards of Directors ol said corporations set forth in the Power of Attorney, are In Ioree as of the date of this Certificate. This Certificate is executed In the City of Irvine, California, this .lAIH_ day ol F£BRUAR..Y . 199_6_ . INDEMNITY COMPANY OF CALIFORNIA By~:/__.;__. ____..~~~~_..._...... __ 6rz"'----'-- L.C. Fiebiger Senior Vice President ID-310 REV. 1/95 DEVELOPERS INSURANCE COMPANY By_:/_. -~-'~~:::-:-:-./.--46rz~- L.C. Fiebiger Senior Vice President Averbeck Company Insurance Brokers Karch 6, 1996 Albert, enclosed are three the below referenced riders. Please file duplicate originals of these with the obligee February 22, 1996 . . ~J t~Q' 'j'll to be attached to the original bon Mr. Albert Shan Pacific Communities Builder, Inc. 1036 South Serrano Avenue Anaheim, CA 92807 RE: S.J. Hills, A California Limited Partnership Policy Numberz 415807S Policy Period: February 14, 1996 to February 14, 1998 Dear Mr. Shen: Enclosed please find three original riders in reference to the above referenced bond. The riders are amending the street name of Balley to Valle. Please forward these original riders to the appropriate person at the City of San Juan Capistrano. We apologize for any inconvenience this may cause you. Please contact our office with any questions. Sincerely, Averbeck Company Kelly A. Saitman Bond Account Representative Enclosures ICA8pz!851 Insurance and Risk Managemenl 3!70 Inland Empire Blvd .• Suite 100 Ontario. California 91764 Tc1:909-941-6699 Fax: 909-483-5123 CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF San Bernardino ) ) ) s.s. On 3-S-~ , before me, Frances Lefler, Notary Public , personally appeared Kelly A. Saitman , X personally known to me; or proved to me on the basis of satisfactory evidence to be the person(~) whose name(~) is~~subscribed to the within instrument and acknowledged to me that (M/she/~ executed the same in ~/her/~~ authorized capacity(~~, and that the entity upon behalf of which the person~) acted, executed the instrument. WITNESS my hand and official seal. (SEAL) CAPACITY CLAIMED BY SIGNER: 0000000000000000000000000000000: ~ @ FRANCES LEFLER z COMM. #1058976 s Sp ~ NOTARY PUBLIC·CALIFORNIA p "' · SAN BERNARDINO COUNTY I 1 My Comm. Exp. May 14, 1999 0 oooooooooooooooooooooooooooooooo Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. _____ Individual(s) ____ corporate Officer(s) Titles ___ _.Partner(s) -2x _ _.Attorney-in-Fact ____ Trustee(s) --~Guardian/Conservator ___ Other: Signer is representing: _____ Limited and --------- and -----------------General *********************************************************** ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document. Title of type of document: Bond Number of pages: Date of document: -. Signer(s) other than named above: ~n~o~n~e~-------------------- THIS CERTIFICATE HOST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE. KAS/189838 POWER Of ATTORNEY OF INDEMNITY COMPANY OF CALIFORNHA AND DEVELOPERS INSURANCE COMPANY P.O. BOX 19725, IRVINE, CA 92713 • (714) 263·3300 NOTICE: 1. All power and authority herein granted shall In any event terminate on the 31st day of March, 1996. 2. This Power of Attorney Is void If altered or if any portion is erased. 3. This Power of Attorney Is void unless the seal is readable. the text Is In brown Ink, the signatures are in blue Ink and this notice is In red ink. 4. This Power of Altorney should not be returned to the Attorney(s)-ln-Fact, but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that, except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint ***Jay P. Freeman, Richard P. Crean, John M .. Schack, Kelly A. Saitman, jointly or severally* thu true und lawful Attorney(s)-ln-Fact, to make, execute, deliver and acknowledge, for and on behalf of each of said corporations as sureties, bonds. undertakings and contracts of suretyship In an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) In any single undertaking: giving and granting unto said Attorney(s)-ln-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done In connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation: and ali of the acts of said Attorney(s)·ln-Foct, pursuant to these presents, are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds. undertakings or contracts of suretyship: Bank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of installment paper. note guarantee bonds, bonds on financiallnstitutlons,tease bonds, Insurance company qualifying bonds, self-Insurer's bonds. fidelity bonds or ball bonds. This Power of Attorney is granted and Is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986: RESOLVED, that the Chairman ott he Board, the President and any Vice President of the c.orporatlon be, and that each of them hereby Is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assis- tant Secretary of the corporation be, and each of them hereby is, authOrized to attest the execution of any such Power of Attorney; • RESOLVED, FURTHER. that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile slgnatutes shall be valid and binding upon the corporation when so affixed and In the future with respect to any bond, undertaking or contract of suretyship to which II Is attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by lhelr respec- tive Presidents and attested by their respective Secretaries this 1st day of April, 1993. INDEMNITY COMPANY OF CALIFORNIA ATIEST By__.Ndlit W_ STATE OF CALIFORNIA) Walter Crowell Secrelary ) ss. COUNTY OF ORANGE ) ATTEST By_~IU~Idll-~kttf~_ Walter Crowell Secrelary On July 15, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared Dante F. Vincenti, Jr. and Walter A. Crowell, per· sonally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as President and Secretary on behalf of Indemnity Company of California and as President and Secretary of Developers Insurance Company, the Corporations therein named, and acknowledged to me that the corporations executed it. WITNESS my hand and official seal. ~1 Signature ----"-L.J______,_41WY!!flLE--....:..'--'"'-'-oLL_ _____ _ Notary Public CERTIFICATE OFFICIAL SEAL J. ALVARADO COMM. #1023169 NOTARY PUBUC • CAUFORNIA ORANGE COUNTY My Commission Exp. Apr. 17, 1998 The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power ot Attorney remains in full force and has not been revoked: and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth In the Power of Attorney, are in Ioree as of the date of this Certificate. This Certlflcale Is executed in the City of Irvine, California, this 5TH day of fJIARCH , 199-6-. INDEMNITY COMPANY OF CALIFORNIA By____:__?Z ____ • ___...CZ:~~...----"6rz~- l.C. Fiebiger Senior Vice President 10·310 REV 1/95 DEVELOPERS INSURANCE COMPANY By_?Z_. --"~----:=~ ___ .....--·_...6rz~-- L.C. Fiebiger Senior Vico President ~ .. ~At~UitU !N IK1PL1~Ait BOND NO: 415807S SUBDIVISION FAITHPUL PERFORMANCE BONDPREMIUM: $1,944.00 TRACT 13865 (GOVERNMENT CODE • 66499.1) BALLEY· ROAD TRAFFIC SIGNAL WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and S.J. HILLS, A CALIFORNIA LIMITED PARTNERSHIP (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Pr~ncipal agrees to install and complete certain designated public improvements, which said Agreement dated 19 ___ -.-J 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 ___________ _ DEVELOPERS INSURANCE COMPANY , as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of ONE HUNDRED EIGHT THOUSAND AND N0/100**** ($108,000.00) 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 ln any judgment rendered. RELEAS~t;) Date: Signature: • City Clerk CA City of san Juan cap\stran ' 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 14TH -----day of FEBRUARY 19 96 , at __ _.a""N~.~~T,gA.Q,R .... TO"---------------' California. APPROVED AS TO FORM: /2!JI~ CITY ATTORNEY Page 2 -Subdivision Performance Bond S.J. HILLS, A CALIFORNIA LIMITED PARTNERSHIP PRINCiPAL ITS GENERAL PARTNER PACIFIC a:>MMUNITIES BUILDERS, INC. KELLY A. lTMAN ATTORNEY-IN-FACT (NOTARIZATION AND SEAL) CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF San Bernardino ) ) ) s.s. On 2"1(/--tfl: , before me, Frances Lefler. Notakf Public , personally appeared ----~K~e~l~l~y~~A~·~s~a~i~t~m~a~n~-----------------------------' X personally known to me; or proved to me on the basis of satisfactory evidence to be the person(~) whose name(~) is~~subscribed to the within instrument and acknowledged to me that (~/she/~~ executed the same in ~/her/~~ authorized capacity(~~' and that the entity upon behalf of which the person~) acted, executed the instrument. WITNESS my hand and official seal. (SEAL) oo~~eoooooooooooooooooooo:oooooo 0 0 z e· FRANCES LEFLER z s · COMM. #1058976 p · -r NOTARY PUBLIC·CAUFORNIA pS 1 SAN BERNARDINO COUNTY ~ My Comm. Exp. May 14, 1999 ! oooooooooooooooooooooooooooooooo Signature of NotaPublic ************************************************************* CAPACITY CLAIMED BY SIGNER: Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. _____ Individual(s) _____ corporate Officer(s) Titles _____ Partner(s) __ x __ ~Attorney-in-Fact ____ Trustee(s) ___ Guardian/Conservator ___ Other: Signer is representing: _____ Limited and and General *********************************************************** ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document. Title of type of document: Bond Number of pages: Date of document: Signer(s) other than named above: ~n~o~n~e~------------------- THIS CERTIFICATE HOST BE ATTACHED TO THE DOCmiBNT DESCRIBED ABOVE. -· ' KAS/1118638 AME!(/ STATE OF CALIFORNIA D COUNTY OF 0{ urf 0 <1 } }ss. } ~ -------------------------' personally known to me ( arpro'V'B'LI te-me-eA-tRB-9a&is otsatisf-a€fer-y-e.viEJettee) to be the person~ whose n am exs') is/ c;re subscribed to the within instrument and acknowledged to me that he/~e/tl).eY executed the same in his/~r/t?lir authorized capacity(~s), and that by his/tlr/th('r signatur~ on the instrument the person}s') or the entity upon behalf of which the person_}S1 acted, executed the instrument. I WITNESS my hand and official seal. SignaturffL ~ {J~ f@-il~~ ..... '.JOSEPHINE~ ,n . , ~ COMM. # 1060740 > a: . a : Notwy Public Cl!ifomia ~ ~ · ·, · ORANGECOUNTY ·-~ MyCa~JrimlEJp.5'31SJ J :x:;;c::;w::;c::x:=.x.x><><:><:x •>< (This area for official notarial seal) Title of Documen~~(t!;r.+r'rn Lttbr ~ {lJ14.f..e r/4 J ~ Date of Document ~ · I l{ · i_~ No. of Pages Other signatures not acknowledged -:r:f Jly z4-~--j:-:--IU~%------- 3008 (1/94) (General) First American Title Insurance Company J EXECUTED IN TRIPLICATE .. Bond No. 415807S PREMIUM INCLUDED IN PERFORMANCE BOND SUBDIVISION LABOR AND MATERIAL BOND . RNMENT CODE, SECTION 66499.2) (hereinafter desigl"'ated as "Principal"}, have e'ltered into a Subdivision Agreement whereby Principal agrees to il"'stall and complete certain desig'lated improvements which said Agreement, dated 19 ____. and identified as Project TRACT 13865 I BALLEY ROAD TRAFFIC SIGNAL is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to 'furl"'ish a bond !or the faithful performance of said agreement; NOW, THEREFORE, we, the Principal a'ld ____________ _ DEVELOPERS INSURANCE COMPANY as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the p~'lal sum of ONE HUNDRED EIGHT THOUSAND AND N0/100**** Dollars ($ 1 as ana aO*** j ) lawful money of the Ul"'ited Sta~es, for the payment of which sum well and truly to be made, we bhd ourselves, our heirs, successors, executors and admhistrators, jointly a'ld severally, firmly by these prese!"'ts. The condition of this obligatio., is such that, if the above bound Pri'lcipal, his or its heirs, executors, admi"listrators, successors or assigns, shall i'l all things stand to and abide by a'ld well and truly keep a'ld perform the co·lel"'ants, col"'ditions and provisio'ls i'1 the said agreement a"ld a'ly alteration thereof made as therein provided, on his or their part, to be kept al"'d performed at the time a"ld i'l the man11er thereil"' specified, al"'d h all respects according to their true i'ltent a'1d meaning, and shall il"'demnify al'\d save harmless the City, its officers, agents a11d employees as thereh stipulated, then this obligatio., shall become null and void; otherwise it shall !:>e and remai'1 i'l full force and effect. As part of the obligatio'l secured hereby and i'1 additio'l to the face amoul"'t specified therefor, there shall be il'lcluded costs al"'d reaso'lable expe'lses al"'d fees 1 of 2 The Surety hereby stipulates and agrees that 10 change, exte1sio'l of time, a!teratio'l or addition to the terms of the agreement or to the work to be performed thereu'lder or the specificatlo'ls accompanyi'lg the same shall i'l any wise affect its obligatio1s on this bond, and it does hereby waive l'lotice of a1y such cha'lge, exte'lStO'l of tim~, a!teratio'l or additio'l to the terms of the agreeme'lt or to the work or to the specificatiol"'s. IN WITNESS WHEREOF, three (3) idel"'tical coul'lterparts of this i1strume1t, each of which .shall for all purposes be deemed a~ origi'lal thereof, have bee'l duly executed by the Principal a'ld Surety herei'l ''lamed Ol'l the 14TH day of FEBRUARY , 19~ the name and corporate seal of eact'l corporate party bei'lg hereto affixed a'ld these prese'1ts duly sig'led by its Ul'ldersig'led represe'ltati ves pursua'lt to authority of its goverl'ling body. NOTE: Please Attach Acknowledgement a'1d Power of A ttor'ley S.J. HILLS, A CALIFORNIA LIMITED PARTNERSHIP PRINCIPALITS GENERAL PARTNER PACIFIC OOMMUNITIES BUILDERS, INC. DEVELOPERS INSURANCE COMPANY SURETY ) . ' =l£ llYr 0, ~~flthvvl1o KELLY--A. ~AIT~ ATIORNEY-IN-FACT (NOTARIZATION AND SEAL) 2 of 2 CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF San Bernardino ) ) ) s.s. On 2-IL/-tl!e , before me, Frances Lefler. Nota~ Public , personally appeared ----~K~e~l~l~y._~A~·~S~a~i~t~m~a~n~-----------------------------' X personally known to me; or proved to me on the basis of satisfactory evidence to be the person(~) whose name(~) is~exsubscribed to the within instrument and acknowledged to me that (~/she/~~ executed the same in ~/her/~~ authorized capacity(~~' and that the entity upon behalf of which the person~) acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Signature of Notary ******************** **************************************** CAPACITY CLAIHED BY SIGNER: Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. _____ Individual(s) _____ corporate Officer(s) Titles _____ .Partner ( s) -=X--~Attorney-in-Fact _____ Trustee ( s) _____ Guardian/Conservator _____ Other: Signer is representing: Limited and and ___ General *********************************************************** ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document. Title of type of document: Bond Number of pages: Date of document: Signer(s) other than named above: ~n~o~n~e __________________ _ THIS CERTIFICATE .MUST BE ATTACHED ·TO THE DOCtnmN'r DESCRIBED ABOVE. ICAS/11111638 AME[{/ STATE OF CALI FORNIA /') COUNTY OF (!,.-iO{ tlf e. 0 ..-:/ } }ss. } ~ On h.b, Jf /f'ffr. before me, ~~~::..L..:....J~,_'--'--'-__,___._~__;;;__- personally appeared -------...J.-~..-e-.t....=--=:....;_,___----===-<-~--.:....:7--------- -----------------------~· personally known to me (Gr-pFG.ve&t.G-me-eA-ttle-basis..of-satisfactor..y-e.v.ic;l~ce) to be the person p1 whose namek$} is/re subscribed to the within instrument and acknowledged to me that h e/sj{e/t~ executed the same in his/h/rl ttyir-authorized capacity(i~, and that by his!h/r!t~r signaturejsf on the instrument the personf or the entity upon beha(t of wh ich the perso~ acted, executed the instrument. WITNESS my hand and official seal. Signature ~ /JlMft lkd- f@~·-·.·~PHINEMARIEPAREHT. en , ·.. COMM. I 1 0607~0 ~ a: .~ o . Notwy Pubic ~ en <t . , · ORANGE COUNTY _. L3$;..~~~~~ J (This area for offtc1al notanal seal) Title of Document :S~dlv ,·5. /a h ~ ,-fuv J1A. q 11 c e_ :ko I1.V{ Date of Document Z -I L/ · 'f6 No. of Pages __ ~------- Other signatures not acknowledged {€ //y (t .Sai/f};t { f 3008 (1/94) (General) F1rs1 Amoncan T1tle lnsur<~nce Company POWER OF ATTORNEY Of ~NDENH\!!TY COMPANY Of CALIFORNIA AND DEVELOPERS BNSURANCE COMPANY P.O. BOX 19725, IRVINE, CA 92713 • (714) 263-3300 N~ 244968 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March. 1996. 2. This Power of Attorney Is void If altered or if any portion rs erased. 3. This Power of Attorney is void unless the seal is readable, the text is in brown ink. the signatures are in blue ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attorney(s)-ln-Fact, but should remain a permonent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that, except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint ***Jay P. Freeman, Richard P. Crean, John M. Schack, Kelly A. Saitman, jointly or severally* thu true and lawful Allorney(s)-ln-Fact, lo make, execute, deliv~:~r and ucknowlttd!Jtt, lor and on btthall ol ttach of said corporation!llltl surttlill!i, bonds, undurlttkingsand contracts of suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) In any single undertaking: giving and granting unto said Attorney(s)-ln-Fact lull power and authority to do and to perform every act necessary, requisite or proper to be done In connection therewith as each of said corporations could do, but reserving to each of said corporations lull power of substitution and revocation: and all of the acts of said Attorney(s)-ln-Fact, pursuant to these presents, are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship: Bank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of installment paper, note guarantee bonds, bonds on llnanclallnstltutlons,lease bonds, Insurance company qualifying bonds, sell-insurer's bonds, fidelity bonds or bail bonds. This Power of Attorney Is granted and Is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986: RESOLVED. that the Chairman of the Board, the President and any Vice President of the c.orporallon be, and that each of them hereby Is, authorized to execute Powers of Attorney, qualifying the attorney(s) named In the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assis- tant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attor'ley: RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and In the future with respect to any bond, undertaking or contract of suretyship to which Ills attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 1st day of April, 1993. :·EM""' corCfi.ifO:i\~· Dan F. Vincenti, Jr. President ATTEST By_Nd!AW STATE OF CALIFORNIA) Waller Crowell Secretary ) ss. COUNTY OF ORANGE ) :~LOPERSIN~SURANCE COO~\~~'----- . VIncenti, Jr. P resident ATTEST By __ I1M!_~- Walter Crowell Secretary On July 15, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared Dante F. Vincenti, Jr. and Walter A. Crowell, per- sonally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as President and Secretary on behalf of Indemnity Company of California and as President and Secretary of Developers Insurance Company, the Corporations therein named, and acknowledged to me that the corporations executed it. WITNESS my hand and official seal. ~} Signature ----+LJ__-+--'{i!gjjfJL,_:;.......:;.::.....o..w...L.------- Notary Public CERTIFICATE OFFICIAL SEAL J. ALVARADO COMM. #1023169 NOTARY PUBUC • CAUFORNIA ORANGE COUNlY Commission Exp. Apr. 17, t998 The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked: and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth In the Power of Attorn!Y.· are in Ioree as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this 141 H day of FEBRUARY 199..6._. INDEMNITY COMPANY OF CALIFORNIA By~~--=-----....C?:__.,;:~:__-~~- L.C. Fiebiger Senior Vice President ID-310 REV. 1/95 DEVELOPERS INSURANCE COMPANY By ~~~~ L.C. Fiebiger Senior Vice President RIDER BONO NUMBER :....!'N IPI TCATF~ rnTGTNAI .~ EXECUTED IN lRIPLICAT£ "\ DATE OF NOTICE BOND NUMBER TYPE OF BOND Ml\RCH 5, 1996 415807S PERFORJ'vW\CE/PAMNT BOND FOR 1RAFFIC SIGNAL 1RACT 13865 Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions, agreements, warranties of the above mentioned bond, other than stated as below. 0 B CilY OF SAN JUAN CAPISl"IWlJ ~ 32400 PASEO .ADELANTO G SAN JUAN CAPISlRAOO, CA 92675 E E Gentlemen: This Rider is to be attached to and form a part of the above captioned bond effective FEBRUARY 14, 1996 This Rider is on behalf of S.J . HILLS, A CALIFORNIA LIMITED PARTNERSHIP and in favor of the Obligee stated abov1 In consideration of the premium charged, it is understood and agreed, effective from above date, tha· PROJECT: 1RACT 13865/BALLEY RO.AD 1RAFFIC SIGNAL IS .AMENDED m ROO: lRACT 13865/VALLE RO.AD lRAFFIC SIGNAL p R o AVERBECK CCt'PANY INSL.RMtE BROKERS D 3270 INLAND EWIRE BL #100 g ONTARIO, CA 91764 E R OBLIGEE COPY Provided, however, that the liabi lity of the company under the attached bond as changed by this order shall not be cumulative. day of t·~AACH, 1996 CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF San Bernardino ) ) ) s.s. On 3-5-94 , before me, Frances Lefler, Nota£Y Public , personally appeared ----~K~e~l~l~y~A~·~S~a~i~t~m~a~n~-----------------------------' X personally known to me; or proved to me on the basis of satisfactory evidence to be the person(~) whose name(~) ispaxexsubscribed to the within instrument and acknowledged to me that (~/she/~ executed the same in ~/her/t~ authorized capacity(~J, and that the entity upon behalf of which the person~) acted, executed the instrument. WITNESS my hand and official seal. (SEAL) CAPACITY CLAIMED BY SIGNER: 00000000000000000000000000000000 ~ @ FRANCES LEFLER ~ • COMM. #1058976 ~ "' NOTARY PUBLIC-CALIFORNIA ~ 1 · SAN BERNARDINO COUNTY 1 0 My Comm. Exp. May 14, 1999 0 oooooooooooooooooooooooooooooaoo Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. __ Individual ( s) _____ Corporate Officer(s) Titles ____ _.Partner(s) _A=u __ _.Attorney-in-Fact _____ Trustee(s) ----~Guardian/Conservator _____ .Other: Signer is representing: _____ Limited and and General *********************************************************** ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document. Title of type of document: Bond Number of pages: Date of document: -. Signer(s) other than named above: ~n~o~n~e~------------------- THIS CERTIFICATE HOST BE ATTACHED TO THE DOCU!IEN'l' DESCRIBED ABOVE. ICAS/189638 POWER OF ATTORNEY OF DNDEMNITV COMPANY OF CALifORN!A AND DEVELOPERS INSURANCE COMPANY N!! 244907 P.O. BOX 19725, IRVINE, CA 92713 • (714) 263-3300 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March, 1996. 2. This Power of Attorney Is void If altered or If any portion ,is erased. 3. This Power of Attorney Is void unless the seal Is readable, the text is in brown ink, the signatures are In blue Ink and this notice is In rod ink. 4. This Power of Attorney should not be returned to the Attorney(s)-ln-Fact, but should remain a permanent part or the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that, except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but noljolntly. hereby make, constitute and appoint ***Jay P. Freeman, Richard P. Crean, John M. Schack, Kelly A. Saitman, jointly or severally* the true und iuwlul Allorney(s)-ln-Fact, to make, execute. deliver and acknowledge. for and on behalf of each of said corporations as sureties, bonds, undertakings and contracts of suretyship In an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000)in any single undertaking; giving and granting unto said Attorney(s)-ln-Fact lull power and authority to do and to perform every act necessary. requisite or proper to be done In connection therewith as each of said corporations could do. but reserving to each of said corporations lull power of substitution and revocation; and all of the acts of said Attorney(s)-ln-Fact. pursuant to these presents, are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship: Bank depository bonds. mortgage deficiency bonds, mortgage guarantee bonds, guarantees of installment paper, note guarantee bonds, bonds on financial Institutions, lease bonds, insurance company qualifying bonds, sell-Insurer's bonds. fidelity bonds or bail bonds. This Power of Attorney Is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986: RESOLVED, that the Chairman of the Board, the President and any Vice President of the cprporatlon be, and that each of them hereby Is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute. on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assis- tant Secretary of the corporation be, and each of them hereby is. authorized to attest the execution of any such Power of Attorney: RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and In the future with respect to any bond, undertaking or contract of suretyship to which it ts attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and aHested by their respectiVe Secretaries this 1st day of April. 1993. INDEMNITY COMPANY OF CALIFORNIA ATTEST By_~N~Itdll~/#f_,____ STATE OF CALIFORNIA) Walter Crowell Secretary ) ss. COUNTY OF ORANGE ) DEVELOPERS INSURANCE COMPANY ; q=£,~=-'----- resident ATTEST By_~~- Walter Crowell Secretary On July 15, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared Dante F. Vincenti, Jr. and Walter A. Crowell, per- sonally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as President and Secretary on behalf of Indemnity Company of California and as President and Secretary of Developers Insurance Company, the Corporations therein named, and acknowledged to me that the corporations executed it. WITNESS my hand and official seal. Signature -j.....f..-¥.W---'---"'-'-L· } __ Notary Public CERTIFICATE @ OFFICIAL SEAL J. ALVARADO COMM. #1023169 NOTARY PUBLIC • CALIFORNIA ORANGE COUNTY My Commission Exp. Apr. I 7, I 998 The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains in full Ioree and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney. are in Ioree as of the date of this Certificate. This Certificate is executed in the City of Irvine. California. this 51ll day of t9RCH , 199_6 __ . INDEMNITY COMPANY OF CALIFORNIA By__;;_?(___..~-:-""-~~t27~- L.C. Fiebiger Senior Vice President 10·310 REV. 1/95 DEVELOPERS INSURANCE COMPANY 8y_?(____,c_z:'--""'~~6rz""'--'---- L.C. Fiebiger Senior Vice President BOND NO: 4158075 SUBDIVISION FAITHFUL PERFORMANCE BOND PREMIUM: $1,944.00 TRACT 13865 . (GOVERNMENT CODE • 66499.1} BALLEY ROAD TRAFFIC SIGNAL WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and S .J. HILLS, A CALIFORNIA LIMITED PARTNERSHIP {hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Pr!ilcipal 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 .I furnish a bond for the fal thful performance of said Agreement; NOW, THEREFORE, we, the Principal and ___________ _ DEVELOPERS INSURANCE COMPANY , as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of ONE HUNDRED EIGHT THOUSAND AND N0/100**** ( $108,000.00) 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. ~OW, 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 ·1oid; otherwise it shall remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made frrst against the Principal in the ~vent 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 reason~ble attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. RELEASED 'S~-~~ Date: · : Signature! 5 ~ r City Clerk · City o( ~an Juan Caplstnno=:- ufi:;'hj ..\ 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 thls bond, and it does hereby waive notice of any such change, extension of time, alteration, oJr modification of the contract documents or of work to be performed thereunder. Executed this 14TH -----day of FEBRUARY 19 96 , at __ .,.~O.u:~NL.I.IAr:uR~I.J,IO ___________ ...J, California. APPROVED AS TO FORM: WI~ CITY ATTORNEY Page 2 -Subdivision Performance Bond . . S.J. HILLS, A CALIFORNIA LIMITED PARTNERSHIP PRINCiPAL ITS GENERAL PARTNER PACIFIC alMMUNITIES BUILDERS, INC. DEVELOPERS INSURANCE COMPANY SURETY ·~~0 .. ~ CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF San Bernardino ) ) ) s.s. On 2~1(/-4la , before me, Frances Lefler. Notary Public 1 personally appeared ----~K~e~l~l~v~~A~·~S~a~i~t~m~a~n~-----------------------------' X personally known to me; or proved to me on the basis of satisfactory evidence to be the person(~) whose name(~) is~~subscribed to the within instrument and acknowledged to me that (~/she/~ executed the same in ~/her/~~ authorized capacity(~~' and that the entity upon behalf of which the person~) acted, executed the instrument. WITNESS my hand and official seal. (SEAL) CAPACITY CLADIED BY SIGNER: OOG0$080000900000900U00900000000 ~ 9 z (i)" . FRANCES LEFLER z s ·• . . COMM. #1058976 p A·•'.·· ~ NOTARY FUBLIC·CALIFORNIA S 1 ~ SAN BERNARDINO COUNTY p o My Comm. Exp. May 14, 1999 ~ oooooooooooooooooooooooooooooooo Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. _____ Individual(s) _____ Corporate Officer(s) Titles _____ .Partner ( s) -=X--~Attorney-in-Fact ____ Trustee(s) ____ Guardian/Conservator ____ Other: Signer is representing: Limited and -------------- and ------------------General *********************************************************** ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document. Title of type of document: Bond Number of pages: Date of document: Signer(s) other than named above: ~n~o~n~e~-------------------- THIS CERTIFICATE HOST BE ATTACHED TO THE DOCOHENT DESCRIBED ABOVE. KAS/188838 STATE OF CALIFORNIA [) lr }A 1 COUNTY OF 1 4._ l '(_ } }ss. } 199~ . before me, Jos ffJ L ft ~ ffia.rie. :Pa..r-e d . personally appeared~~~~~~~7~~~f~~~0~~~~~~·~~~~~~1~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~' personally known to me (OLpm.v.ed-tG'-ffle-en-the-basis.-<*satisf-aetory-eviEieRee) to be the person~) whose name~ is/aj€ subscribed to the within instrument and acknowledged to me that he!fe!tl)iy executed the same in his/hp/t)leir authorized capacity(iy's), and that by his/hfr/th~ signatureW on the instrument the personY,) or the entity upon behalf of which the perso~) acted, executed the instrument. WITNESS my hand and official seal. Signature ~~ -P~ (This area ror off1cial notarial seal) Title of Document~;k d ,·u ~-~ ~ r:for tz{{JU'Q Date of Document J. · I tf · tJf Other signatures not acknowledged ~~_:_~....L....!....:::r-~....L....it.......:......----'=~'--L!:.L..!:L..:.L...~~~~~~ 1 3008 (1/94) (General) F1rst Amencan T1t1e Insurance Company J EXECUTED IN TRIPLICATE Bond No. 415807S PREMIUM INCLUDED IN PERFORMANCE BOND Date: ION LABOR AND MATERIAL BOND . Signature: CitY Clerk CA (GO ERNMENT CODE, SECTION 66499.2) City of san Juan capistrano, WHEREAS, the City Council of the City of San Juan Capistrano, State of California; and S.J. HILLS, A CALIFORNIA LIMITED PARTNERSHIP , (hereinafter desig11ated as 11Principal"), have e'ltered into a Subdivision Agreement whereby Principal agrees to i11stall and complete certain desig.,ated improvements which said Agreement, dated 19__, and identified as Project TRACT 13865 I SALLEY ROAD TRAffiC SIGNAL is hereby referred to and made a part hereof; and WHEREAS, said Princi~al is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement; NOW, THEREFORE, we, the Principal a"ld ____________ _ DEVELOPERS INSURANCE COMPANY as Surety, are held and firmly .bound unto the City of San Juan Capistrano, hereinafter called "City" in the p~'lal sum of ONE HUNDRED EIGHT THOUSAND AND N0/100**** Dollars ($ 1 as , ana DO*** ) lawful money of the U11ited Sta~es, for the payment of which sum well and truly to be made, we bhd ourselves, our heirs, successors, executors and admi'listrators, joi11tly a'ld severally, firmly by these presents. The co11dition of this obligatio., is such that, if the above bound Prirlcipal, his or its heirs, executors, admi'listrators, successors or assigns, shall i'l all things stand to and abide by a"ld well and truly keep a'ld perform the co·tenants, co11ditions and provisio'ls i'l the said agreement a11d a"ly alteration thereof made as therein provided, on his or their part, to be kept a11d performed at the time a'ld i"l the man11er therein specified, a11d i"l all respects according to their true i'ltent a1d meaning, and shall ir'ldemnify a11d save harmless the Clty, its of!icers, agents and employees as therei'l stipulated, then this obligatio., shall become null and void; otherwise it shall !Je and remai'l i'l full force and effect. As part of the obligatio"l secured hereby and i'l additio"l to the face amou11t specified therefor, there shall be i11cluded costs ar'ld reaso'lable expe'lses and fees 1 of 2 The Surety hereby stipulates and agrees that .,o char'lge, exte"lsio., of time, alteratio"l or addition to the terms of the agreement or to the work to be performed thereu"lder or the specificatio'ls accompanyi"lg the same shall i'l any wise affect its obligatio.,s Ol'l this bo'ld, ar'ld it does hereby waive !'lotice of a.,y such cha!'lge, exte'lStO'l of tim~, alteratio'l or additio'l to the terms of the agreeme'lt or to the work or to the speci fica tio'ls. IN WITNESS WHEREOF, three (J) ide'ltical cour'lterparts of this i'lstrume'lt, each of which shall for all purposes be deemed a!l origi'lal thereof, have bee'l duly executed by the Principal a'ld Surety herei'l ·,'lamed O'l the 14TH day of FEBRUARY , 19~ the name and corporate seal of eacn corporate party bei'lg hereto affixed a'ld these prese!"'ts duly sig'led by its Ur'ldersigr'led represe'ltatives pursua'lt to authority of its gover!'ling body. NOTE: Please Attach Acknowledgement and Power of A ttor'ley S.J. HILLS, A CALIFORNIA LIM~~TNERSHIP PRINCIPAL ITS GENERALBUIID~s INC PACIFIC m1MUNITIES '1:1" , • DEVELOPERS INSURANCE COMPANY su~,T~ n ~ KELLY A. SAI"fMA ATIORNEY-IN-FACT (NOTARIZATION AND SEAL) 2 of 2 AM E ~ l 0 ~ } }ss. } 1r onff.~· 1/ 199k.befor~e.Ja.s,-ef'=L n-e t/lt:~_r;e~red- personally appe~~~~~~~~~j~~~D~~~~~~~h~~~n~1~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~' personally known to me (or-prO'Vect-te-me-on-the-bas-is of satisfaemry evide11ce) to be the person{S} whose name{%5 is/eye subscribed to the within instrument and acknowledged to me that he/~/th_pY executed the same in his/~er/t~~ir authorized capacity(ies), and that by his/9~r/thfr signature)5J on the instrument the person') or the entity upon behalf of which the person(/) acted, executed the instrument. WITNESS my hand and official seal. Signature ~LR , fYla;tQ'f?~ ~@...... . JOSEPHINEMARIEPARENT U) • , . ~ COMM. # 106074{) ! a: ! ... · : NotifY Publit Califorria ~ <( : , ORANGE COUNTY .... L3~;;><,.~ (ThiS area for offic•al notanal seal) Title of Document .Sl{ bJ ,·u ;~ ~ ~r ~ (J{dce r/tt) J§.tJ?Ld. Date of Document d. ' I f · Zi:...., No. of Pages-:--_:;c:(_=-=:::....._------- Other signatures not acknowledged j({f !Z( H. .:S?<..-f 1?1 t[ 11 3008 (1/94} (General) First American Tille Insurance Company CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF San Bernardino ) ) ) s.s. On 2-tl./-f(, , before me, Frances Lefler, Notary Public , personally appeared ----~K~e~l~l~x~~A~-~s~a~i~t~mwa~n~-----------------------------' X personally known to me; or proved to me on the basis of satisfactory evidence to be the person(~) whose name(~) is~~xsubscribed to the within instrument and acknowledged to me that · (~/she/~ executed the same in ~/her/~~ authorized capacity(~~' and that the entity upon behalf of which the person~) acted, executed the instrument. WITNESS my hand and official seal. (SEAL) CAPACITY CLAD!ED BY SIGNER: ~ecQ~eooo~oooo~o~$oo~o~ooooooooo z @I FRANCES LEFLER e ~ ·-($~ tJl . COMM. #1058976 Z P -~ . · t•OTAHY PUDLIC·CALIFORNIA S I SAN BERNARDINO COUNTY P o My Comm Exp M 14 1 _..,oooooooaooooo~~.:. · oy • 19990 .... yoo~ooooooooooe Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. _____ Individ~al(s) _____ Corporate Officer(s) Titles ____ Partner(s) _A~,r--~Attorney-in-Fact ____ Trustee(s) ____ Guardian/Conservator ____ o.ther: Signer is representing: _____ Limited and and _____ General *********************************************************** ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document. Title of type of document: Bond Number of pages: Date of document: -. Signer(s) other than named above: un~o~n~e~------------------- THIS CERTIFICATE KUST BE ATTACHED TO THE DOCmiEHT DESCRIBED ABOVE. ICAS/188838 POWER OF ATTORNEY OIF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY N~ 244969 P.O. BOX 19725, IRVINE, CA 92713 o (714) 263-3300 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March. 1996. 2. This Power of Attorney ls void If altered or If any portion is erased. 3. This Power of Attorney Is void unless the seal is readable. the text is in brown ink, the signatures are in blue ink and this notice is In red Ink. 4. This Power of Attorney should not be returned to the Attorney(s)·ln-Fact. but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that, except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint ***Jay P. Freeman, Richard P. Crean, John M. Schack, Kelly A. Saitman, jointly or severally* the true and lawful Attorney(s)-ln-Fact, to make, eKecute, deliver and acknowledge, lor and on behall ol each of said corporations as surtttitts, bonds, undertttkings and contracts of suretyship In an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) in any single undertaking; giving and granting unto said Attorney(s)-ln-Fact lull power and authority to do and to perform every act necessary, requisite or proper to be done In connection therewith as each ol said corporations could do, but reserving to each of said corporations lull power of substitution and revocation; and all ol the acts of said Attorney(s)-ln-Fact. pursuant to these presents, are hereby ratllled and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship: Bank depository bonds, mortgage defiCiency bonds, mortgage guarantee bonds, guarantees of ,installment paper. note guarantee bonds. bonds on financial institutions. leasa bonds, insurance company qualifying bonds, self-insurer's bonds, fidelity bonds or bail bonds. This Power ol Attorney Is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards or Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986: RESOLVED, that the Chairman ol the Board, the President and any Vice President olthe c,orporation be. and that each olthem hereby Is, authorized to eKecute Powers ol Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute. on behall olthe corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assis- tant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power ol Attorney or certificate bearing such lacslmlle signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which It is attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec· live Presidents and attested by their respective Secretaries this 1st day ol April, 1993. INDEMNITY COMPANY OF CALIFORNIA ATTEST By_.dV~ w-=----Walter Crowell Secretary STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) DEVELOPERSINSURANCECOMPANY ATTEST By_~N~?do-~W~- Walter Crowell Secretary On July 15, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared Dante F. Vincenti, Jr. and Walter A. Crowell, per- ·sonally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within Instrument as President and Secretary on behalf of Indemnity Company of California and as President and Secretary of Developers Insurance Company, the Corporations therein named, and acknowledged to me that the corporations executed it. WITNESS my hand and official seal. ":_~~) Signature ____ .,_LJ_-1--'~'-__;,~"-'-.c.------- Notary Public CERTIFICATE OFFICIAL SEAL J. ALVARADO COMM. #1023169 NOTARY PUBUC • CAUFORNIA ORANGE COUNTY ~y Commlsslon Exp. Apr. 17, 1998 The undersigned, as Senior VIce President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President ol DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains in lull Ioree and has not been revoked; and furthermore. that the provisions of the resolutions of the respective Boards of Directors ol said corporations set forth in the Power of Attorney, are In Ioree as of the date of this Certificate. This Certificate Is executed In the City of Irvine, California, this 14TH. day of FEBRUARY , 199.6__. INDEMNITY COMPANY OF CALIFORNIA By___:;__~~-___....CZ:~~:::--:----o"Grz~- L.C. Fiebiger Senior VIce President ID·310 REV. 1/95 DEVELOPERS INSURANCE COMPANY By ~cz:~Grz- L.C. Fiebiger Senior Vice President RIDER BOND NUMBER ~'. ... ,'00-\: ;c\• ':"' T ] "OOPLICATE CRIGINAL11 . .:i . EXECUTED IN TRIPLICATE ,, - DATE OF NOTICE BOND NUMBER TYPE OF BOND MARCH 5, 1996 4150075 PERF~E/PAMNT OONO Fffi TRAFFIC SIGNAL TRACT 13865 Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions, agreements, warranties of the above mentioned bond, other than stated as below. 0 B CITY OF SAN JUAN CAPISTRANO l I G 32400 PASEO .ADELANTO E E SAN J.J.AN CAPISTIW{), CA 92675 Gentlemen: This Rider is to be attached to and form a part of the above captioned bond effective FEBRUARY 14, 1996 This Rider is on behalf of S.J. HILLS, A CALIFrnNIA LIMITED PARTNERSHIP and in favor of the Obligee stated abov In consideration of the premium charged, it is understood and agreed, effective from above date, tha p R 0 D u c E R PROJECT: TRACT 13865/BALLEY ROAD TRAFFIC SIGNAL IS .AMENDED TO READ : TRACT 13865/VALLE ROAD TRAFFIC SIGNAL AVERBECK a:M>ANY INSIJW.(E BROKERS 3270 INI.MJ EWIRE BL #100 ONTARIO, CA 91764 OBLIGEE COPY Provided, however, that the liability of the company under the attached bond as changed by this order shall not be cumulative. day ~:!-!, 1996 ., l .h L~~ ;);lL Y'tii) POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY N2 244906 P.O. BOX 19725, IRVINE, CA 92713 • (714) 263-3300 NOTICE: 1. All power and authority herein granted shall In any event terminate on the 31st day of March, 1996. 2. This Power of Attorney is void If altered or It any portion is erased. 3. This Power of Attorney is void unless the seal Is readable, the text is In brown Ink, the signatures are in blue ink and this notice Is in red Ink. 4. This Power of Attorney should not be returned to the Attorney(s)-ln-Fact, but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that, except as oxpressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly. hereby make, constitute and appoint ***Jay P. Freeman, Richard P. Crean, John M. Schack, Kelly A. Saitman, jointly or severally* the true and lawful Attorney(s)-ln-Fact. to make. execute. deliver and acknowledge. tor and on behalf of each or said corporations as sureties, bonds, undertakings and contracts of suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars ($2.500.000) In any single undertaking; giving and granting unto said Attorney(s)-ln-Fact lull power and authority to do and to perform every act necessary, requisite or proper to be done In connection therewith as each of said corporations could do, but reserving to each of said corporations lull power of substitution and revocation; and all ollhe acts of said Attorney(s)-ln-Fact, pursuant to these presents, are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship: Bank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of Installment paper, note guarantee bonds, bonds on financial Institutions, lease bonds, Insurance company qualifying bonds, sell-Insurer's bonds, fidelity bonds or ball bonds. This Power of Attorney Is granted and Is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, elfective as of September 24, 1986: RESOLVED, that the Chairman of the Board, the President and any Vice President of the cprporatlon be, and that each of them hereby Is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporation. bonds, undertakings and contracts of suretyship; and that the Secretary or any AssiS- tant Secretary of the corporation be, and each of them hereby Is, authorized to attest the execution of any such Power of Attorney; RESOLVED. FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and In the future with respect to any bond, undertaking or contract of suretyship to which Ills attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 1st day of April, 1993. INDEMNITY COMPANY OF CALIFORNIA ATTEST /Vdll/#' BY------------------~~----W-a-1-te-r~C~r-ow~e-I~I--------------------- Secretary STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) ATTEST By_,t!J/pW Walter Crowell Secretary On July 15, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared Dante F. Vincenti, Jr. and Walter A. Crowell, per- sonally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as President and Secretary on behalf of Indemnity Company of California and as President and Secretary of Developers Insurance Company, the Corporations therein named, and acknowledged to me that the corporations executed it. WITNESS my hand and official seal. A hUh) Signature ____ ~-.Ll__.._~f/f!Y!!JIL_....:_-"""""""------- Notary Public CERTIFICATE OFFICIAL SEAL J. ALVARADO COMM. #1023169 NOTARY PUBUC • CAUFORNIA ORANGE COUNTY Commls910n Exp. Apr. 17, 19118 The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains In lull force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorn~fl:j'e in force as of tho-cit this Certificate. This Certificate Is executed In t.he City of Irvine, California, this _____ day of 199_6_. INDEMNITY COMPANY OF CALIFORNIA By__;__/._. ---"~-.~G-~--6rz~·:,.._____ i0·310 REV 1/95 L.C. Fiebiger Senior Vice President DEVELOPERS INSURANCE COMPANY By_/._. C!_...._s -=-~ _______ 6rz __ L.C. Fiebiger Senior Vice President CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF San Bernardino ) ) ) s.s. On s-s-9, I before me, Frances Lefler. Nota6Y Public , personally appeared Kelly A. Saitman , X personally known to me; or proved to me on the basis of satisfactory evidence to be the person(~) whose name(~) is~sxsubscribed to the within instrument and acknowledged to me that (~/she/~ executed the same in ~/her/~~ authorized capacity(~~, and that the entity upon behalf of which the person~) acted, executed the instrument. WITNESS my hand and official seal. (SEAL) 000000000000000000000000000000~0 Z COMM. #1058976 Z Sp ~"~" NOTARY PUBLic.cAUFORNIA ~ 0 e FRANCES LEFLER 0 SAN BERNARDINO COUNTY 1"':1.. J ~ _I I , ! My Comm. Exp. May 14, 19991 ~~-~~~~ ooooo~oooooooooeoooooo~ooooooooo Signature of No~ry Public ************************************************************* CAPACITY CLAIMED BY SIGNER: Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. ___ Individual(s) ___ Corporate Officer(s) Titles ___ Partner{s) ~X-~Attorney-in-Fact ___ Trustee(s) --~Guardian/Conservator ___ Other: Signer is representing: Limited and and ___ General *********************************************************** ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document. Title of type of document: Bond Number of pages: Date of document: . -. Signer(s) other than named above: ~n~o~n~e~-------------------- THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUliERT DESCRIBED ABOVE. KAS/188838 32400 PASCO AOCI.ANTO ME~BERS OF TiiE CITY COUNCIL SAM AllEVA TO lAURA FREESE LARRY KRAMER DEREK REEVE JOHtl TAYLOR SA N JUAN C APISTRANO, CA 92675 (949) 493-1171 (949) 493-1 053 FAX II 'II' II :S Ollj 1/Cl IIC (I f1 is I I'll II().() I~ May 18, 2012 Travelers Indemnity Company Attention: Christine Cahill 485 Lexington Avenue, 41h Floor New York, NY 10017 Re : Release of Bonds-S.J. Hills Tract 13436 and 13865 Dear Sir or Madam : This letter is to inform you that the following bond issued to S.J. Hills for Tract 13436 and 13865 are officially released as of May 18, 2012: BOND NO. BE2616322 BE2616366 BE2616367 BE2616368 BE2616369 BE2616370 BE2616371 B32616365 PURPOSE Performance-Landscaping Performance-Street Improvements Performance-Water Improvements Performance -Sewer Improvements Performance -Street Improvements Performance-Monuments Performance-Storm Drain Improvements Performance -Grading AMOUNT $ 65,000.00 167,500.00 426,000.00 221,722.00 488,218.00 11 ,000.00 287,628.00 25,000.00 The City of San Juan Capistrano hereby fully and forever releases and discharges Gulf Insurance Company from any and all liability under the abovementioned bond numbers. The original -released -documents are enclosed. If you have any questions, please do not hesitate to call me at (949) 443-6310. Christy Jakl Deputy City Clerk Enclosures as noted cc: (Letter copy only) James G. Ross, Interim Public Works Director; Corinna Ocampo, Pacific Community Builders San Juan Capistrano: Preser\'ing the Pm·t to Enhance rile Future " t..) Pr.::•o,o on 100% '«'ide<l 1 • . •' l .. !J9PLICATE ORIGINAL -EOND EFFECTIVE DATE MARCH 26, 2002~~~~~~~~ ~:~~S FOR A 1m1 OF ThO EX,f;C.UTED' IN TRIPLICATE . YEAAS RENEWABLE ANNUALLY SUBDIVISION FAITHFUL PERFORMANCE BOND 1_,..y V (GOVERNMENT CODE • 66499.1) frr I WHEREAS, the City Council of the City of San Juan Capistrar.o, State ~r California, and S. J. HI US A CALIFORNIA LIMITED PARTNERSHIP (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public .improvements, which said Agreement dated 19 ___ __, ·and made a part hereof; and W~EREAS, 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 GJLF INSLJRAOCEaM>ANY as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of SIXTY FIVE THOUSAND AND N0/100*** ($65.000.00*l-=Do1lars, lawful money of the United States, for the paxment 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 ~e null and ·1oid; otherwise i r shall remain in full force and effect. Surety waives any rights, i! there be any, to require that a demand be made first against the Principal in the e·1enr of default. BE IT FURTHER RESOLVED: t. As a part of the obligation secured hereby, and in addi tlon to the !ace amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney•s fees, incurred by City in successfully enforcing such obligation, =.lr, to be taxed as costs and included in any judgment rendered. RELEASED Date· s~\ \~ft A IT' S\gn~ture~"-;c ;Sk:.lt~)~¢-~'(t--...lN.!!0:4-\olit!~\,~~"t' City Clerk~ CA City ef san Juan caplstran , 1" •• -.,t .. 2. Said Surety, for •:alue received, hereby stipulates and agrees that :"lo . 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, .:>r modification of the contract documents or of work to be performed thereunder. . ' Executed this 5TH . ----------day of FEBRUZI.RV -----------------------J >00C 2003 -J at __ _.,Ou.NI.uA:u:Ru.I.u.D ________________ -.J, C aJif ornia. APPROVED AS TO FORM: CITY ATTORN~)'. Page 2 -Subdi·1ision Performance Bond S.J. H!LLS, A CALIFORNIA LIMITED PARTNERSHIP PRINCIPAL· . CAUFORNIA ALL-PURPOSE ACKNOWLEDGEMENT . . State of California ) County of San Bernardino ss. On __________________ _ before me,Janet L. Miller Nota Public Name and Tl11e of Officer (e.g., "Jane Doe, Notary Public") Personally appeared -"K~e::.!lulv..,t;;.A;l:..~s:.!:!a~itm~an!..!..,_ ______ ---::~~~~:-------------------Name<s> of Signer(s) x personally known to me r:J proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies), and that by hislherltheir 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. ~~aaJIA OPTIONAL Though the Information below Is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: _________ --:-:--:-----:--::---------------- Document Date:~'""""':""'~~--:--------Number of Pages:----------------------S~ne~~Ofu~ThanNamedAbove: __________________ ~---~ Capacity(ies) Claimed by Sign~r(s) Signer's Name: _______________ __ L1 Individual L1 Corporate Officer Title. __ -=---:-:'~~~~~-~--- LI Partner --r:J Limited L1 General x Attorney-in-Fact L1 Trustee ~ L1 Guardian or Conservator Other: __________________ _ . Signer is Representing: .· ~R<T•· THUMB PR 1!-J...I_;_ ;m;--OF Sl GNER Top of thumb here AMEJ{/ 0 ~ <} } STATE OF CALIFORNIA }ss. COUNTY OF __ Or_an____.::g_e ____________ } On __ o_2_/0_6_/_0_3 _____ , before me, ___ Gwen __ A_._E_ll_l_· o_t_t~,_N_o_t_ary--==..._P_ub_l_i_c ___ _ personally appeared ____ N_e_l_s_o_n_c_h_~_9 __________________ _ ___________________________ ,._Qersonally known to me (or proved to me on the basis of satisfactory evidence) to be the person~) whose name(s) is/a;e subscribed to the within instrument and acknowledged to me that he/~/thfY executed the same in his/her/t~ir authorized capacity(i5fS), and that by his/her/tlieir signature{,s} on the instrument the person(?) or the entity upon behalf of which the person(.s') acted, executed the instrument. (Th1s area for official notarral seal) Title of Document ----------------------------- Date of Document No. of Pages ------------------------- Other signatures not ac knowledged----------------------- 3008 (1;94) /General) F1rs; 1\mer~~an T1tle Insurance Comoany J . . EFE'EC'I'IVE DATE MARCH 26 I 2002 DUPLICATE ORIGINAL -BOND ·EXECUTED IN TRIPLICATE Bond No. BE2Gl6322 PREMIUM INCLUDED IN PERFORMANCE BOND RELEASED #r·\ SUBDMSIQN LABOR AND MATERIAL BOND oate: ~~ t/:>.J~: -7'\f.ogi'A7Ql7t:\Li%1l=.:. ::;.:::..:..:..;..;;;:.;:..;;.;...;....;;;;;.;.;:;=.;..:..;;.;.;;:;...::.;;;..::..:..:.::..;:::.:..:.:...::.;.:..;:.:::. S\gnatul\j;'£¥:+---~--,l.j~~,_."'\ (GOVERNMENT CODE, SECTION 66.~99.2) g~ ~~e~n JUan capistrano, CA WHEREAS, the City Council of the City of San Juan Capistra:1o, State of California, ·and S.J. HILLS, A CALIFORNIA LIMITED PARTNERSHIP (hereinafter desig11ated as "Principal"}, have e"ltered i"lto a Subdivision Agreement whereby Principal agrees to il"'stall and comple~e certain desig'lated improvements which said Agreement, dated 19--J and identified as Project TRACT 13865 LANDSCAPING is hereby referred to and made a part hereof; and WHEREAS, said Principal is required u11der the terms of said agreement to fur11ish a bond for the faithful performance of said agreement; NOW, THEREFORE, we, the Principal a'1d WlF INSURANCE OM>ANY as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the p~'1al sum of · SIXTY FIVE THOUSAND AND N0/100*** Dollars ($ 6 5, 000. 00*** ) lawful money of the Ul'lited States, for the payme~t of which sum well and truly to be made, we !:lhd ourselves, our heirs, successors, executors a.,d admhistrators, joi'ltly a"ld severally, firmly by these prese:,ts. The Col'\ditlon of this obligatio1 is such that, if the above bound Pri"'cipa!, his or its heirs, executors, admi'listrators, successors or assigr1s, shall i"l all things sta'1d to a"'d abide by a"ld well a11d truly keep a'ld perform the co·1ertants, C0'1ditiot'ls and pro·1isio"'s h the said agreement a'1d a'ly alteratio"l thereof made as therei"l provided, 0'1 his or their part, to be kept a'1d performed at the time a1d i"l the man'ler therei'l specified, a'ld i"' all respects acco~ding ~o their true i'1te!'lt a.,d meani"lg, and shall i11demnify al"'d sa·1e harmless the City, i ~s officers, age"'ts· and employees as thereh stipulated, the"\ this obligatio"\ shall :,ecome null a11d ·1oid; otherwise it shall ~e a"'d remai"' i"' full force at'ld effect. As part of the ·obligatio., secured hereby and i"' additio'1 to the face amout'lt specified therefor, there shall be il"lcluded costs al"\d reaso'1able expe"'ses and fees l of 2 The Surety hereby stipulates and agrees that '10 change, exte'lsio1 of time, alteratio'1 or addition to the terms o! the agreement or to the work to be performed thereu"!der or the speci!icatio'ls accompanyi'lg the same shall i'l any wise affect its obligatio"1s on this bol'ld, and it does hereby waive l'lotice of a1y.such change, exte1sio'l of time, alteratio1 or additio"l to the terms of the agreeme"lt or to the work or to the specifi ca tiol'ls. IN \\o'IT~ESS WHEREOF, three (J) ide'ltical counterparts of this i1strume1t, each of which shall for all purposes be deemed a~ origi'lal thereof, have bee"! dul:o- executed by the Principal a1d Surety herei'l ''lamed ol"' the · S'l'li day of F~~RRU.A.RV , X¥» .2003 the name and corporate seal of eacn corporate part~· bei"1g hereto affixed a'ld these prese"lts duly sig"led by its Ul'ldersigl"'ed represe"ltati·tes pursua'lt to authority of its governing body. A1PR.JYEO AS TO FORM NOTE: Please Attach Acknowledgement a"ld Power of A ttor"le y S.J. HILLS, A CALIFORNIA LIMITED PARTNERSHIP PRINCIPAL KELLY-A/ SAt~AN-..'ATTORNEY-IN-F ACT (NOTARIZATION AND SEAL) 2 of 2 AMEJ?..l 0 ~ 4- } STATE OF CALIFORN IA }ss. COUNTYOF ____ ~-~~g~e ______________________ ~} On __ 0_2_/0_6_/_0_3 _____ , before me, ___ Gw_en __ A_._E_l_l_i_ot_t_.:.,_N_ot_ary---=._Pub_l_i_c ___ _ personally appeared ____ N_e_ls_o_n_c_h~_g __________________ _ ___________________________ ,_Q_erson~~ known to__cng___ (or proved to me on the basis of satisfactory evidence) to be the person~) whose name(s) is/cy;€ subscribed to the within instrument and acknowledged to me that he/spe/th ~y executed the same in his/hw/tt;i'eir authorized capacity(ieS), and that by his/het/thefr signature(.s) on the instrument the person(¢) or the entity upon behalf of which the personjs) acted, executed the instrument. (Thos area for offocial notarial seal) Title of Document ---------------------------- Date uf Document ____________ No. of Pages ___________ _ Other signatures not acknowledged ---------------------·-- 3008 (1•94) (General) First ll.merocan Totle Insurance Corroany CALIFQRNIA ALL-PURPOSE ACKNOWLEDGEMENT ' . ss. State of California ) County of San Bernardino on -~~/2;,r;.,.,1/-"-n-+:?--before me,Janet L. Miller Nota Public Nama and TIUa of Officer (e.g., "Jane Doe, Notary Public") Personally appeared ~Ke2ll!!lly:..!A:l:·~s:!!a~it~m.!.!:a!.!..!n!...,._ ___ ---:-:~~~~~--------------Name(sl of Slgner(s) ~ ... x personally known to me 0 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. 9-wt~ OPTIONAL Though the Information below Is not required by law, It may prove valuable to persons relying on .the qocument and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Tille~Type~Document _________ ~-~~~-------------- Document Date:------------Number of Pages:------------- S~ne~~OfuerThanNamedAbov~----------------------~ Capacity(ies) Claimed by Signer(s) Signe ... s Name:. ____________ _ c:J Individual Ll Corporate Officer Title. __ -=~----:-~----~------£:1 Partner -0 Limited Ll General x Attorney-in-Fact D Trustee D Guardian or Conservator Other: __________ _ SiQner is Representing: ;· -·· RT THUMBPRINT --OF Sl GNER __ _ Top of thumb here GULF INSU.RANCE COMPANY ST. LOUIS, MISSOURI POWER OF A'ITORNEY KNOWN ALL MEN BY THESE PRESEN"TS: That tho C...lf lnourancA~ Company. a c:orponcJon duly ccaanlzed under tho bws ol tho Suce ol Mis:~aoul, Nvlns Ia ptlnclpal omco In chc dey of li"YYna, Teas. punuanc co tho loUawlna resolution, ldo!)(ed by tho F1nanc:c & ~tl"'': Commlaect ot tho Boord or Dlm:con of the Mid Company on the 10th day ofAuavsc.1993.cc wit: "RESOLVED. that the P~aldent. Exccuu"" V1ce Pro:sldau cc any Senlo<' Vace President of the Company shall ha\IC chc auchorlty t6 make, CJCCc:Vtc: and dc:ll_. a PONer of Attorney c:onsututlna as Actorney·ln·Fac:c. sud> penon~. nrms. or corporation as may be aclccced from elmo to ume; and any sud\ Attcrney•ln•Fact mAY be ro..-..d and the authority annted him re"o''ked by the Pn:sldc:n:. or any E.oocuuw Vice Pta~dant, or any S..nlorVIco P~aidc:nt, or by the 8oatd or Dln:cton or by tnc Finance and ElCCCuu,. Comm1aee ot !he Board or D~ RESOLVED. that nothln£ In this Power or Attorney shall bo: construed as a &rant or authority to !he auorney(s)·ln·fact 10 sian. cxecvtc. ackncowledsc. dell-u or othorwba lswo a policy or pcllclc:s or INurance on behalf or C...1r lnsunncc Compony." C...Jr IN.uranee Company docs hereby make. constitute and appoint KEllY A. SAlT MAN JAY P. FREEMAN of Ontario, in the State of California Its uuc and \awful auornc:y(,) •In-face. Wilh luU power and autllOt"icy hereby conferred in lu· name. pb.ce and SCcad. lO tlt:n. c•ecuu:: • .xknU'\vlcdc;c and d.:h~r u\ au heh.~lr. ~' surely. any and all bonds and undenakln~Ji cr suretyship, and to bind Gulr lmur•nce Comp.ony 1hercolly as Cully and 10 the: ~.:~rnc """"" as rr ·"'>' !londs. undo:•l>l.u•r:• ~n.1 documents rclauns to ouch bonds and/ or undctlal<lnl!l we reo sis~ lly lhc duly authoti&r:d otliccr or the G.,IC Insurance Con•p.any •nd •• 1 1hc •· n or soid lllOn~»·hl·on·f.•c•. punuant to the authority horeln gl~n.arc hereby ra11Rcd and ccntlrmc:<l. The obllsatlon or the Company shall not eMceed five million--------...!----.:..-----------------($5 10001 000.00----1 doll~rs. IN WITNESS WHEREOF. the Culr Insurance Company hu caused thC$e presents to be signed by any officer or the Comp;my and its Corporate Se~lto be hereto affixed. ·STATE OF NEW YORK COUNTY OF NEWYORK } ss GULF INSURANCE COMPANY ~e.)~~ Lawrence P. Minitcr Exccuti\'c Vice President On this 25th day of JulY. , ZOOQ A.D .. bc(ore me: came Lawrence: P. Minltcr. known ,to me personally who being by me dul.)' sworn, did dc:pase and say. that he rC$ides In the County or Bergen, State or New jersey; that he Is the Executive Vice President or the Gulf lnsur.rnce Company, the corpor.lllon dC$cribed In and whidt executed the :aboYe Instrument; that he knows the seal or said corporotion: that the sc:JI affixed to the said £nstruments Is such corporate seal; that It was so a.ll"lxc:d by order or the Board or Directors or said corporatlon and that he signed his· .. n;ame, thereto by like order. t-o,J\O JA;e',c-~ ,... , ~~:if-- • <> QTA....; '1 () ~ .. ~ ·--y,.(. Oa Ja fa STATE OF NEW YORK } SS COUNTY OF NEWYORK Not~ry l'ulllic. State or New \\.:Irk No. 02JM958G34 Qualined in Kin;;s County Commission Expires Dccembc: r 30. 200 I I. the undeni~ned. Senior Vice President of the Culf lruur'~nce Con'l':any. a Missouri Corporouion. DO lii:.REDY CEIITIFY th~l the forc~oin~ ~11•1 :attached POWEk OF A1TORNEY remains in full force. Sicnc:d and ~alc:d it the City or New York. O:ucd the 5TH d:;y or FEBRUARY J~~y '6c~-·~'7~. Ccurgt! 13i:;nc:mli St•ninr Vit:c Prcsidt~u t J . 1\1' BOND EFFECTIVE DATE MARCH 26, 2002 DUPLICATE ORIGIN~ - ·EXECUTED IN TRIPLICATE Bond No. BE2616322 PREMIUM INCLUDED IN PERFORMANCE BOND UBDMSION LABOR AND MA TERlAL BOND (GOVERNMENT CODE, SECTION 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, ·and S .J. HILLS, A CALIFORNIA LIMITED PARTNERSHIP (hereinafter designated as "Principal"}, have e.,tered i"lto a Subdivision Agreement whereby Principal agrees to ir'\stall and comple~e certain desig'1ated improvements which said Agreement, dated 19___, and identified as Project TRACT 13865 LANDSCAPING is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to fur.,ish a bond for the faithful performance of said agreement; NOW, THEREFORE, we, the Principal a'ld WI.F INSt.IAANCE CCM>ANY as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the p~"lal sum of · SIXTY FIVE THOUSAND AND N0/100*** Dollars ($ 65,000. 00*** ) lawful money of the U'lited States, for the payment of which sum well at"'d truly to be made, we bhd ourselves, our heirs, successors, executors a~d admhistrators, joi"ttly a"ld severally, firmly by these presents. The col'\dition of this obligatio1 is such that, if the above bound ?rhcipa!, his or its heirs, executors, admi'1istrators, successors or assig11s, shall i'l all things st.a1d to a"ld abide by a"ld well a'ld truly keep a"ld perform the co·ter'\ants, co11ditio'1S ar'ld pro·1isio"ls i"l the said agreeme!lt a.,d a"ly alteratio., thereof made as thereh pro·tided, 011 his or their part, to be kept al'\d performed at the time a1d i'1 the man'1er thereh specified, a"ld h all respects acc~rding ~o their true i'1tent a'ld meani~g1 and shall i11demnify ar'\d san harmless the City, i~s of!icers, agents and employees as therei1 stipulated, the"l this obltgatio'1 shall oecome null a11d ·1oid; otherwise it shall 'Je a"ld remai"l i"\ full force a!id effect. As part of the obligatio"\ secured hereby and i"l additio'l to the !ace amour'\t speci !ied therefor, there shall be ir'\cluded costs a11d reaso1able expe'1ses a!ld fees 1 of 2 The Surety hereby stipulates and agrees that '10 change, exte1sio1 of time, alteratio'1 or addition to the terms of the agreement or to the work to be performed thereu1der or the specificatio'ls accompa!"lyi'lg the same shall i'l a!"\y wise affect its obligatio'1S o!"\ this bo'ld, and it does hereby wai·1e 'lOtice of a1y.such cha!'lge, exte"lsio, of time, alteratio"l or additio"l to the terms of the agreeme'lt or to the work or to the specifica tio'ls. IN ~'IT NESS WHEREOF, three (.3) ide'ltical counterparts of this hstrurne1t, each of which shall for all purposes be deemed a~ origi'lal thereof, have bee'1 dul~ executed by the Principal a"ld Surety herei'l :'lamed on the · S'l:M day of FRR'RU~RV , ~~ the name and corporate seal of eactt corporate party bei"lg hereto affixed a"ld these prese"ltS duly sig"led by its U'ldersig'led represe"ltati·tes pursua"lt to authority of its gover!'li'lg body. A1PR.:>VED AS TO FORM NOTE: Please Attach Acknowledgement a1d Power of A ttor'1e y S.J. HILLS, A CALIFORNIA LIMITED PARTNERSHIP PRINCIPAL GJLF INSlRANCE ClWANY SURETY ···~~··Ot~;~L- KELLY--A. SAITM~N ATTORNEY-IN-FACT (NOTARlZokTION AND SEAL) 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California ) County of San Bernardino ss. On ~Ar-r-/-.9:;)~~""""=11 :=-'-2 __ before me,Janet L. Miller Nota Public Name and TIUe of Officer (e.g., "Jane Doe, Notary Public") Personally appeared ~K~ei!.UIV:...::A:!:·-.::S~a:!..!.lit~m..!..l:a~n!....-___ ----,.,-,....,.....,,..,.,.....~:---------------- Name<s> of Slgner(s) ~············ @ JANET l. MILLER '$ Commission 1 1311028 J ~ Notaty Public • California ~ Son Bernardino County ·' MyComm.E)CpiresJul20,2005 x personally known to me 0 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. OPTIONAL Though the lnfonnatlon below Is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this fonn to another document Description of Attached Document Title or Type of Document: _________ ""'7":'-::----:--=--------------- Document Date:-:-:-------------· Number of Pages: Signer(s) Other Than Named Above: ------------ Capacity(ies) Claimed by Signer(s) Signer's Name:, ____________ _ 0 Individual Top of thumb here Cl Corporate Officer Title. __ -=---:-:-~----------0 Partner -CJ Limited CJ General x Attorney-in-Fact RT THUMBPRINT ·-OF Sl GNER~-- 0 Trustee D Guardian or Conservator Other: ___________ _ Signer is Representing: AM E ~I 0 <1 ~ } STATE OF CALIFORNIA }ss. COUNTYOF ____ ~-~~g~e ________________________ } On __ 0_2_/0_6_/_0_3 _____ , before me, ___ Gw_e_n_A_._El_l_i_o_t_t.:_, _N_o_tary_~P_ub_l_i_c ___ _ personally appeared~ ___ N_e_l_s_o_n_c_h_~_g __________________ _ --------------------------· ,P-ersonallY. known to mEL_ (or proved to me on the basis of satisfactory evidence) to be the person _(g) whose name(s) is/ar€ subscribed to th e within in strument and acknowledged to me that he/sWe/thi y executed the same in his/h5'(/th_e"ir authorized capacity(i5's), and that by his/hffi/th!lir signature~ on the instrument the person~ or the entity upon behalf of which the person,(.S) acted, executed th e instrument. (This area for official notarial seal) Title of Document ~---------------------------- Date of Document ____________ No. of Pages ___________ _ Other signatures not acknowledged ______________________ _ 3008 11 ·9-l) (General! Firs: Arnencan To lie Insurance Comoany GULF INSU.RANCE COMPANY ST. LOUIS, MISSOURI POWER OF ATTORNEY KNOWN All MEN BY THESE PRESEt.ri'S: Te..t tho Cull lnsunnce Company. a CCW'p<IIWon duty O<Sanlzad under the laws of tho Suce of M-1. IVYins 1a pc-lnc:lpal omc:c In tho dey or lrv~ns. Texas. punuonc 10 tho tollowtns n:sol..uon, adoptee~ ~:~y cho F1nance & .E.oecuu.., Commtccw ot tho Boan:t or Dlreaon oCthc said Compat'ly on the I Oct. day otAusuot-1993,10 wiC "RESOLVED. ct.ac the Praldent. E..ecuu.., Vtce President oc-any Sen~oc-Vtc:e P"'"'clc"' o( the Company shall "-: tho authority cO maM. ClOOC\IIC and dell_. a P-or AUDrrw:y conautuuns as Attorncy·ln•FKt. . auch penoN. nrms. or corponelons as may 1M JCIC!Cted from limo ID umo: and any tueh Anorncy•ln·F- ""'Y be ,..,_ and tho aulhorlly sr:oncod him n:M)kai by tho Praident. Of any E....c:..ll.., VIce President, or any Santor V1cc Praldcnt. or by the 8oud or Dlrocton or by tho F1nance and Exca.u..., Commtaoo or the Boan:t or D~Raon.. RESOLVED. that nochlns In chiS P-or Auorrw:y shall 1M consuued as a srvu or authorlcy 10 the accorncy{s)•ln•lacl 10 t.lsn. execute. acknowledse. deb_. or ochorwbc l..ue a policy or policies or INutance on behalf or Culr Insurance Company." . C..1r IN~rance Company does hereby maM. consUcutc and appoint KEllY A. SAITMAN JAY P. FREEMAN of Ontario, in the State of California lu orue and \.owful auorney(•) •ln•(acc, with run power and ouchoricy hereby conrcnc:d in lu· nome. place ..,.. $1Cad. co ••en. C!xecuce, ;ackt•uwledt;e and d~"""' "' "' hch>ll. ~· surety, any and all bonds and undenaklnss or suretyship, and co bind Gull lnsuronce Compony thereby as Cully and 10 the uonc ex1ell1 as if ·'")' t.onds. und~• ,,,~,.,,1;1 an~ documcnu relauna to such bonds and/or undercaklncs were signed by lhe duly ouchori2Cd olric:cr or cho Cui( lmuranco Company ond ••I the "'a or .. ,d ono• •:·:)•h)·,,·r•c•. pursuant co the authority heroin giYan, are horeby raURed and c:onrormcd. Tho oblts••ton or the Company 11\all not oxc:eed five million--------.....!----.:.._---------------<$5, 000, O 00, 00----1 doa.rs. IN WITNESS WHEREOF. the Cutr Insurance Company h~ caused these presents to be signed by any officer of the Comp.2ny and its Corpor:uc Sc:l to be hereto affixed. ·STAT£ OF NEW YORK COUNTY OF N£WYORK } ss GULF INSURANCE COMPANY ~r-11~ Lawrence P. Minitcr Executive Vice President On this 25th day or JulY. , ZOOO A.D., before me came laWt"cnce P. Minitcr, known .to me personally who bein~ by me duly sv.orn, did depgse and say: that he resides in the County or Bergen. State or New Jersey: that he is the Executive: Vice Pn:sident or the Cui( Insurance Company, the corporation described In and which executed the above: Instrument: that he knows the seal of said corpor:ation: that the scJI affixed to the said Instruments Is such corporate seal; that It was so alllxed by order of lhe Board of Oir«tors of said corporation and that he sisncd hii .. name, thereto by like order. :~--.1\D JM,c:-':\ ,.., , ~~;1!-- Q QTA-" "1 [) ~ ~ '"Y,L. Da ja ra STAT£ OF NEW YORK } SS COUNTY OF NEWYORK Not:uy Public. State of New \'i.lrk No. 02ji\~9SSGJ.t Qualilic:d In Kings County Commission Expires December 30, 200 I 1. the undenij:tned. Senior VIce President of the Gulf Insurance Comt•any. a Miuouri Corpor:llion, DO lii!REI3Y CI!IITIF"l' 1h01t lh.: rorcgoin{; and auachcd POWER Otl ATTORNEY remains In (ull force. Sicnc."<f and Sealed .ic the City or New York. Outed lhe 5TH d:ty or FEBRUARY · 2003 ~~~y g~~ .. ·~-~~. Ccorgt: 13iancanH St•uior Vice Pr.:sidt:t t l Bond No.-------- SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE, SECTION 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and -----------------------------J (hereinafter deslg11ated as "Principal"), have e'ltered into a Subdivisiol'l Agreeme11t whereby Principal agrees to i11staU and complete certai11 desig'lated Improvements which said Agreement, dated 19---' and identified ·as Project 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 Pri11dpal a'ld ____________ _ as Surety, are held a11d firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the pe'lal sum of -----------------------------------------------Dollars ($. ________ ~) lawful money of the U11ited States, for the payment of which sum welJ a11d truly to be made, we birld ourselves, our heirs, successors, executors and admhistrators, jointly a'ld severally, firmly by these presents. The condition of this obligatio'l is such that, if the above bound Pri'lcipal, his or its heirs, executors, admi'listrators, successors or assig'ls, shall i'l all things stand to and abide by alld well a!ld truly keep a'ld perform the covellants, collditions and provisio'ls i'l the said agreement a11d a'ly alteration thereof made as therein provided, on his or their part, to be kept a11d performed at the time a'ld i'1 the manller therein specified, a11d i'l all respects according to their true· i11tent a'ld meaning, and shall i'ldemllify a11d save harmless the City, its officers, agents a11d employees as therei'l stipulated, then this obligatio'l shall Jecome !'lull ar'ld void; otherwise it shall !le alld remai'l i'l full force alld effect. As part of the obligatio'l secured hereby ar'ld i'l additio'l to the face amou'lt specified therefor, there shall be i'lcluded costs a'ld reaso!'lable expe'lses a11d fees 1 of 2 '•. The Surety hereby stipulates ar~d agrees that .,o change, exte'lsion of time, alteratio'l or addition to th~ terms of the agreemer~t or to the work to be performed thereu'lder or the specifica tio'ls · accompa'lyi 'lg the same shall i, any wise affect its obligatio1s O'l this bond, and it does hereby waive notice of a'ly such change, exte'lsion of time, alteratio., or additio'l to the terms of the agreeme'lt or to the work or to the specificatio11s. IN WITNESS WHEREOF, three (.3) ide"ltical counterparts of this i'lstrume'lt, each of which shaH for aU purposes be deemed an origi'lal thereof, have bee., duly executed by the Principal a'ld Surety herei'l 'lamed on the day of 19-----' the 11ame and corporate seal of eacn corporate party bei'lg hereto affixed a'ld these prese'lts duly sig'led by its undersig11ed represel"ltati·les pursua'lt to authority of its governi!'lg body. NOTE: Please Attach Ack'lowledgement a'ld Power of A ttor'ley 2 of 2 PRINCIPAL (NOTARIZATION AND SEAL) SURETY (NOTARIZATION AND SEAL) • v u MEMORANDUM May2, 2012 TO: Christy Jakl, Deputy City Clerk FROM: Sam Shoucalr, Acting Public Works Director SUBJECT: Tract 13438 • Bond submittal-Campanllla (Taylor Morrison of Callfomla) In conneclfon with the development of the subject tract and In accordance with Its Development Improvement Agreement. please find attached, for your flies, the original sets of the following improvement bonds amounts, Including Water, that were submitted by Taylor Morrison of C&Ufomfa. PubUc street Improvements for VIa Enbada $19,800 Private Street and Related appurtenances $794,842 . Storm Di'aln $688,761 Sanitary Sewer $310,818 Landscaping and Irrigation . $850,000 Water and related appurtenances $384,520 Street Monuments $18,600 u v . reor\~ The e><isttng Bontls posted by Pacific Communities Builders that need to be released by the City for tracts 13436 & 13865 are· as follows: Insurance Bond# Pumose Amount Date issued Gulftns. Co •. BE26163E36 ... street 167.500 6/5/2003 Gulf Ins. Co. BE2616367 Water 426.000 6/5/2003 .Gulf Ins. Co. BE2616368-' Sewer 221.722 6/5/2003 Gulf Ins. Co. BE2616389 ... Street 488.218 6/5/2003 Gulf Ins. Co. 81:2616370, Monuments 11~000 6/5/2003 Gulf Ins. Co. BE2616371" Storm Drain 287.628 6/512003 Insurance. Bond# Purpose Amount Date Issued Gulf Ins. Co. BE2616322 Land sea De 65.000 215/2003 Gulf Ins. Co. BE2616323 S. J. C~eek Traffic 200,800 215/2003 :SJanal *Developer Surety 4158078 Deslgh Traffic signal 108,000 3/5/1996 & lndemnltv Co. *Developer Surety 814386S Street Via Entrada 19,600 5/17/1999 & lndemnltv Co •. (Public· section) 5\,o\';) -So..m e.x\)\0...\'lltac.\ -0Vl10-'~'" o\c.o..y<:c\ Ye..\~ oe \?a..c.,-\-\ ::,'blQ~ ~ G..<t:> ~ut. ~eturn.e~ .. ~ "~ -<X\:i v--¢ • .. ,d..L\\l)( ~v~ -i'o v.e..~'u.c...o...l.l) \Qo.nc:.\5 il:f~lo' L4o;J.:t ~ L..\\5E:6\-~ "*'r» ec a.w\'ooaJt'l~t-'Nl.co.ad. '9o~ f-e.\:)\oLQ_Vl'\.C!JI\.-\-- '"\ IJ =''Jwf ;],,/i f"'~ f~t.l., ~~(~ ,,tb~·~"~ ~ttrllf.tJJ.. . 6h-fj" ', oV"" ((Z..\ ~ o(-er.>r'd~ '"'\'C) \>o.L< ~-tC:.. Comvvl Llftt(+uu~. So..m 'S. o-r • Si'tYI l \a...-Q,u..j-ro\"·0'1 Y\1\o.L\ "o Yo..vt-1-V'e..\.e~~ O'{: "ftU..(\O't' lJ\AoY(~OV\ ·rtP~ \?one.\:). &VlQ\ o~llt \u:o;).~ ~'fla.O. t..~r. ik'I\A.Gi.\.~~ ~ -\o 'Q.e. Q..C/}J'I_p'-<0 \oL( c.c...@, 5 \ 's-l I~ M ~· February 6, 2003 Mr. Sam Shoucair City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Bonds 415806S & 415855S D ear Sam: COMMUNITIES Enclosed please find two new bonds that replace the above referenced bonds. Please release the old bonds back to us. We will deliver them to the Insurance Company. New Bond: BE2616323 $200,800 ~Traffic Signal @ San Juan CreekJValle Rd R eplaces 415806S New Bond: Replaces BE2616322 415855S $65,000 / Conunon Area Landscaping Please retum Bonds 4 15806S & 415855S to us. Thank you for your assistance in this matter and we are sorry fo r any inconveni ence it may have caused you. Sincerely, PAClFfC COMMUNITIES BUILDER, lNC. NC: Enclosures J 000 DoYc Strcd • Suite 100 • Newport Beach • CA 92660 • Tel 949-660-8988 • Fnx 949-660-886() J ' EXECUTED IN TRIPLICATE · '· SUBDIVISION FAITHFUL PERFORMANCE BOND TRAGT. 13865 (GOVERNMENT CODE • 66499.1) BOND NO: 415806S · SAN JUAN CREEK TRAFFIC SIGNAL PREMIUM: $3,614.00 WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and S .J. HILLS. A CALIFORNIA LIMITED PARTNERSHIP (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agre~ment dated 19 ___ __ and made a part hereof; and WHEREAS, said Prindpal 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 ___________ _ DEVELOPERS INSURANCE COMPANY , as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of TWO HUNDRED THOUSAND EIGHT HUNDRED AND N0/100~*** ($200,800.00*~) 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. ~OW, THEREFORE, the condi tlon of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and ·toid; 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. 2. Said Surety, for value received, hereby stipulates and agrees that :10 change, extension of time, alteration, or modification of the contract documents or of the wor k 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, Jr modification of the contract documents or of work to be performed thereunder. Executed this 14TH ------day of FEBRUARY 19 96 , at __ ....,~.~,Da.NI.~,.,~A..,;R~-.~.I,.I.jO;_ ___________ _;, California. APPROVED AS TO FORM: CITY ATTORNEY Page 2 -Subdivision Performance Bond S.J. HILLS, A CALIFORNIA LIMITED PARTNERSHI P PRIN CiPAL ITS GENERAL PARTNER PACIFIC OOMMUNITIES BUILDERS, INC . DEVELOPERS INSUR CE COMPANY SURETY ~iLA-11.~-,admti:v\ KELLY A. ~AlTMAN ATTORNEY-IN-FACT (NOTARIZATION AND SEAL) STATE OF CALIFORNIA 0 COUNTY OF (t1 yt% 't.. } }ss. } on f="-t~. I . before me.._ !o.st j4-L'l'( iJikrie..::Pa..reJ- personally appe Jf k 0 h · C h U AJ ------------------------· personally known to me {of proved to me on the basis of satisfactOFy-e-viE!eAee) to be the person~ whose name}:S)is/cye subscribed to the within instrument and acknowledged to me that he/s;ie/tl;{y executed the same in his/her/their authorized capacity~). and that by his/her/their signature~ on the instrument the person(~ or the entity upon behalf of which the perso~ acted, executed the instrument. WI TNESS my hand and official seal. Signature ~~ --{J~ l@·-·· --~~l a: • Noury Nile c... ~ -c , OIIAII9£ coum .... l ·····:·-~lAB J (This area lor OffiCial no1anal seal) Title of Document ~ l{_ -kJ.i U 1, ~ 011 '€ r ( Date of Document __ d=-_· .._I-+Y-·-~:....r=-6---=--~-No. of Pages_,.. ..... cl..c.;:......::-------- Other signatures not acknowledged 7 _h...__,_...._._/ ...... /y""'~-__..i)_.__. _---....;;:S=-=d"'-: ..J.--L..JIU=If.A..::L.L...:T-. ______ _ 3008 (1194) (General) F1rst Amencan T•tlc Insurance Company 0 ' 0 CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF San Bernardino ) ) ) s.s. On .2-ll./-tl & , before me , Frances Lefler, Notary Public , personally appeared Kelly A. Saitman X personally known to me; or proved to me on the basis of satisfactory evidence to be the person(~) whose name(~) is~exsubscribed to the within instrument and acknowledged to me that (~/she/~~ executed the same in ~/her/~~ authorized capacity(~t' and that the entity upon behalf of which the person~) acted, e xecuted the instrument. WITNESS my hand and official seal . (SEAL) ~····$··········-··············· z ~~-FRANCES LEFLER ~ s :It'.-COMM. #1058976 p -r--, ' NOTARY PUBLIC-CALIFORNIA pS 1 SAN BERNARDINO COUNTY 0 My Comm. Exp. May 14, 1999 ~ ••o••••••••••••••••••••••••••••• Signature of ****************** ****************************************** CAPACITY CLAIMED BY SIGNER: Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. ___________ Individual(s) ___________ Corporate Officer(s) Titles ___________ Partner(s) -=X~_Attorney -in-Fact _______ Trustee(s) ______ Guardian/Conservator ___ Other: Signer is representing: Limited and and General *********************************************************** ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document . Title of type of document: Bond Number of pages: Date of document: Signer(s) other than named above: ~n~o~n~e~------------------ THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE. KAS/189636 .J . '. EXE~UTED IN TRIPLICATE Bond No. 415806S PREMIUM INCLUDED IN PERFORMANCE BONO SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE, SECTION 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California; and S.J. HILLS, A CALIFORNIA LIMITED PARTNERSHIP (hereinafter desigl'lated as "Principal"), have e'ltered into a Subdivision Agreement whereby Principal agrees to il'lstall and complete certain desig'1ated improvements which said Agreement, dated 19__, and identified as Project TRACT 13865/SAN JUAN CREEK TRAFFIC SIGNAL 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 a'ld ____________ _ DEVELOPERS INSURANCE COMPANY as Surety, are held and firmly bound unto the City of San Juan <::apistrano, hereinafter called "City" in the pe'1al sum of TWO HUNDRED THOUSAND EIGHT HUNDRED AND N0/100***** Dollars ($200,800.00*** ) lawful money of the Ul'\ited States, for the payment of which sum well and truly to be made, we bi"'d ourselves, our heirs, successors, executors and admi'"listrators, jointly a'"ld severally, firmly by these presents. The condition of this obligatio., is such that, if the above bound Pri'lcipal, his or its heirs, executors, admi'listrators, successors or assigns, shall i'l all things stand to and abide by and well al'ld truly keep a'ld perform the co·1e11ants, co'lditions and provisio'1s i"l the said agreement ar'\d a'ly alteration thereof made as therei'"l provided, on his or their part, to be kept al"'d performed at the time a"ld i'l the man11er therein specified, a11d i"l all respects according to their true il"'tent a"ld meaning, and shall indemnify a11d save harmless the City, its officers, agents and employees as therei'"l stipulated, the~ this obligatio., shaJl become null and void; otherwise it shall ~e and remai'l h full force a11d effect. As part of the obligatio'l secured hereby and i'l additio'l to the face amoul"'t specified therefor, there shall be i'lduded costs a'ld reaso!lable expe'lses and fees 1 of 2 The Surety hereby stipulates and agrees that 10 change, exte1sio1 of time, alteratio"l or addition to the terms of the agreement or to the work to be performed thereu1der or the specifica tio'ls accompanyi 1g the same sha11 i'l any wise affect its obligatio1s on this bo'ld, a11d it does hereby waive 11otice of a1y such change, exte1sto1 of time, alteratio1 or additio'l to the terms of the agreeme'lt or to the work or to the spe ci fica ~i _o11 s. IN WITNESS WHEREOF, three ()) ide'ltical cou11terparts of this i1strume1t, each of which shall for all purposes be deemed a~ origi'lal thereof, have bee'l duly executed by the Principal a'ld Surety herei'1 ·,'lamed O'l the 14TH day of FE BRUARY , 19~ the name and corporate seal of eac~ corporate party bei'1g hereto affixed a"\d these prese"lts duly sig"led by its u11dersig'1ed representatives pursua"lt to authority of its governing body. NOTE: Please Attach Acknowledgement and Power of A ttor 'le y S.J . HILLS, A CALIFORNIA LIMITED PARTNERSHIP PRINCIPAL ITS GENERAL PARTNER PACIFIC COMMUNITIES BUILDERS, INC. (NOTARIZATION AN I I KELLY A. SAITM ATTORNEY-IN-FACT (NOTARIZATION AND SEAL) 2 of 2 STATE OF CALIFORNIA f) COUNTY OF Ll/(?{ R~ f. } }ss. } On ~h · J Aq~ 'before me, ....\o.stf lu· ne rflt~.rie.'ib Y'f d-' personally appe red~~~~~.~~~f~~~D~~~~~~~·~~~~~~~r ~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~· personally known to me (or-proved-to 111e orr tire basts-ef-satisfaetory-e..vide.r:rce1 to be the pe rson~ whose namefS} is/a._;€ subscribed to the within instrument and acknowledged to me that he/s~/thp executed the same in his/her/th eir authorized capacity ~), and that by his/~r/th~ signature~ on the instrument the personf or th e entity upon behalf of which the personJ' acted, executed th e instrument. WITNESS my hand and official seal. Signature ~rL ~ [}jt{D,).~_ ---8J ~@~ .... JOSEPHINEMARI(PP.AREHT C/) · • COMM. # 1060740 ~ a: a ~ . NoiiiV Nk tlliflmia en < , OIIANGE COUNTY _. L ··:.·::...=-~~ (This area lor oflocoal nolarial seal) Title of Document :5l1 :btl r' u :¢¢-n L4 ~r ~ m JtJ-e r /4 I ~M) Date of Document c2 · I V · f ? d Other signatures not acknowledged -~-+--'~-'--f~~-'-----:::::.=.._· +..;..__:....11;"--"+--"1-~~~~~~ 3006 (1194) (General) Forst Amerocan Tolle Insurance Company .·. CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA s . s . COUNTY OF San Bernardino On ;2---ltj-t/.£ , before me, Frances Lefler, Notary Public , personally appeared ______ K~e~l~l~y~A~·~S~a~1~·t==m~a=n~-------------------------------' X personally known to me; or proved to me on the basis of satisfactory evidence to be the person(S:) whose narne()S) is~exsubscribed to the within instrument and acknowledged to me that (~/she/~~ executed the same in ~/her/~~ authorized capacity(~~' and that the entity upon behalf of which the person~) acted, executed the instrument. WITNESS my hand and official seal . (SEAL) ee~••oeeeooooeoeoooo••••~••••••• • • s .. I . COMM. #1058976 p · ·: ~-~~ NOTARY PUOLIC·CAUrORNIA Sp. z 0.;..:· FRANCES LEFLER z 1 · ~ SAN BERNARDINO COUNTY .2 ~ • • My Comm. Exp, Mey 14, 1999 ! J It-11 -a e ~ -fy j_ 1~ .............................. .. Signature of Nota Public ************************************************************* CAPACITY CLAIMED BY SIGNER: Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. _____ Individual(s) ____ Corporate Officer(s) Titles ____ Partner(s) ~x~ __ Attorney-in-Fact ____ Trustee(s) ______ Guardian/Conservator ___ Other: Signer is representing: Limited and and General *********************************************************** ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document. Title of type of document: Bond Number of pages : Date of document: Signer ( s) other than named above: .:..:n=oc:..n=e=------------ THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE. KAS/189638 POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY P 0 BOX 19725,1RVINE CA 92713 • (714) 263·3300 NQ 244971 NOTICE All power and aulhor•ty here n granted sl'clll tn c1ny cvcnttcrmtn to on t"lo 3161 day of March 1996 2 Thts Power of Attorney IS vo1d •f o11orod or 1f any port1on IS oil! sed 3. Th1s Pov.er ol Attorney 1s vo1d unlos~ tho ~oat1s readable. the text , 1n brown tn~. thO signatures are In blue Ink end this not1ce Ism red mk. 4 Thts Power ol Attorney should not bo rntumed to tho Allornoy(s) In Fact, but .hould r ·m~•n. permJnt~nl p1rt olthl' obii~Oil'S records. KNOW All MEN BY THESE PRESENTS. thAI "•cept .1~ expressly I mtiCd INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally but no11omt1y. hereby make constttut~ ~nd lPDOtnt ***Jay P . Freeman, Richard P. Crean, J ohn M. Schack, Kelly A. Saitman, joint ly or severally* the true and lav.•ut Anomey(S)·In-Fact to ma~c execute dcl•ver and acknov.lodgc for ano on bol'alf ot each of sad corporattons as surettes. bonds. undertakmgs nnd contrncts of suretyShip '" an amount not exceedmg Two M 1 on rho ffundred Tnousand Dollars $:? 500.0001 n any s•nglo undertaking, gtvtng and granting unto said Attorncy(Sl·ln-Fact full power and authoroty to do and to per1orm every act noces'lnr~ requ•s-te or proper to be done n connecl•on there..,•th as each ol sa1d corporations could dO. but reserv•ng tO each ot sa•d corpornt•ons full power of substolu!IOr> and rcvocot on. nnd all of the acts of sa1d Attornoyfs)-ln-Fact. pursuant to these presents. are hereby rat1hed and confirmed The authortty and powers conferred by thiS Power of Attorney do not extend to any altho fotlo"1ng bonds. undenakmgs or contracts or suretyship: Bank dep sttory bonds. mortgage dehctency bonds, mortgage guarantee bonds. guoranteos of Installment paper note guarantee bonds. bonds on hnenatat institutions. lease bonds. in~urJnc' company qua11fymg bondl, solf-lnsun•r·s bonds hdehty bOnds or bnol bonds Thts Power ol Attorney Is granted nnd IS s•gn6d by lncsomll~ under and by .1uth0111y ol tho followtng resoluttons adopted by tho respec1tve Boards of D11ectors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, Pffecttve ns of September 24. l986. RESOLVED. that the Chairman olthe Boord. the Pros• dent 1nd any V1ce Pres•dent of the corporat•on be. and that each of them hereby •s. authorized to execute Powers of Attorney. quahfylng the attorney(sl nal"''ed '" tne Powers of Attornoy to execute. on behalf of the corpora11on. bonds. t..ndertakmgs and contracts of suretyShip: and that the Secretary or any Ass•s· tant Secretary of the corporat•on be. and each of them hereby is. authorized to attest the executton of any such Po·Ner or Attorney: RESOLVED. FURTHER. that the s•gnatures of such off•cers may be afhxed to any such Power of Attorney or to any cen1hcate relating thereto by racsim1le. and any such Power of Attorney or cert•f•catc bea11ng such facs•m•lc stgnoturos shall be valid Md binding upon the corporahon when so aff•xed and In the future w•th respect to any bond. undenokmg or contract of suretyship to which 1t•s attach d IN WITNESS WHEREOF. INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be s1gnod by thetr rospec· tive Presidents and attested by their respectiVe Secretortos thiS 1St day of April, 1993 ATTEST By STATE OF CALIFORNIA l Walter Crowoll Secretary ) ss COUNTY OF ORANGE l DEVELOPERS INSURANCE COMPANY By OMJ~~··~-~t~esldent ATTEST By _N#PU_ Waller Crowell Secretary On July 15, 1994, before me, the undersigned. a Notary Public in and for said State. personally appeared Dante F Vincenti, Jr. and Walter A. Crowell. per· sonally known to me {or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as President and Secretary on behalf of lndemmty Company of California and as Presrdent and Secretary of Developers Insurance Company, the Corporations \herein named. and acknowledged to me that the corporations executed 11 W ITNESS my hand and official seal. ~ OFFICIAL SEAL J. ALVARADO COMM. #1023169 NOTARY PUBUC · CAUFORNIA Signature ORANGE COUNTY Notary Public My CommiSSIOI'I Exp Apr 17, 1998 CERTIFICATE The understgned. as Sen•or Vtce Prestdent of INDEMNITY COMPANY OF CALIFORNIA, and Sen•or V•ce Prestdent of DEVELOPERS INSURANCE COMPANY, does hereby cen1ty that the foregotng and attached Power of Attorney rematns •n fuU force and Ms not been revoked: and furthermore. that the prov•s•ons of the resotut1ons of the respectiVe Boards of 011ectors of said corpora!lons set forth n the Power of Attorney 1re •n force as of the date of thrs Cen1hcate Thts Cer11hca te 1S executed 1n 111e Coty ol lrvtM, CRiilornl~ thiS _14TH day Ol f EBRUAR'f 199 6 INDEMNITY COMPANY OF CALIFORNIA By~~~~0 10-310REV 1/95 L.C Fieb•gor Semor V•ce PreHident DEVELOPERS INSURANCE COMPANY By____:_~--<S_ ~0 L.C Ftebiger Senior Vtce President EXECUTED IN TRIPLICATE 'i) • SUBDIVISION FAITHFUL PERFORMANCE BOND TRACT. 13865 ( ERN E C ) SAN JUAN CREEK TRAFFIC SIGNAL GOV M NT ODE • 66499.1 BOND NO: 415806S PREMIUM: $3,614.00 WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and S .J. HILLS, A CALIFORNIA LIMITED PARTNERSHIP (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Prilicipal agrees to install and complete certain designated public improvements, which said Agre_~ment 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 ___________ _ DEVELOPERS INSURANCE COMPANY , as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "0b1igee11), in the sum of TWO HUNDRED THOUSAND EIGHT HUNDRED AND N0/100~*** ($200,800.00***) 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. ~OW, 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 ·toid; 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. 2. Said Surety, for value received, hereby stipulates and agrees that :10 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, vr modification of the contract documents or of wor k to be perfor med t hereunder. E xecuted this 14TH ------day of FEBRUARY 19 96 , at __ _.....O ..... NI ..... A...,R...,I...,O.__ ___________ __,, California. APPROVED AS TO FORM: {Ju~JlJJi CITY ATTORNEY Page 2 -Subdivision Performance Bond S.J. HILLS, A CALIFORNIA LIMITED PARTNERS HI P PRINCiPAL ITS GENERAL PARTNER PACIFIC COMMUNITIES BUILDERS, INC . (NO TARIZATION A. DEVE UOPERS INSURANCE COMPANY SUREtY I ~ o.J¥U-h'Y'M\ (NOTARIZATION AND SEAL) STATE OF CALI FORNIA {) 11 COUNTY OF Y tt 'L.~ G on F"t__ -k. I j } }ss. } personally appeared~~~~~~~~~~~~~~~~~~~~~~~~~- rsonally known to me (or pro'V'ed-to-ffie on the bas-is of satisfaetory evidonee) to be tho porson~s) whose name~ is/cy;e subscribed to the within instrument and acknowledged to me that he/s~/the;( executed the same in his/h,e'r;tl;e'ir authorized capacity(i~), and that by his/t)ir/th~ signature~ on the instrument the person{J1 or the entity upon be half of which the personY> acted , executed th e instrument. WITNESS my hand and official seal. Signature ~ (This area for official notarial seal) Title of Document St-t.~ r'u ,· S-<:fJ 11. -=±erfor-nt4. t\c e.-& ru( Date of Document .,) · 1 Y · '9 G No. of Pages 2- 0 ther signatures not acknowledged ~-~--iJ~,___,_f.._fy=r----'-H-+--'-' ~S...L..:..I<4"'--,'J-...!.........!111.~1wlft------ 3008 (1!94) (General) First Amerocan T1tle Insurance Company CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA s.s. COUNTY OF San Bernardino On .2-;t{-4 fa 1 before me 1 Frances Lefler, Notary Public 1 personally appeared Kelly A. Saitman X personally known to me; or proved to me on the basis of satisfactory evidence to be the person(~) whose name(~) is~exsubscribed to the within instrument and acknowledged to me that (~/she/~ executed the same in ~/her/t~ authorized capacity(~~' and that the entity upon behalf of which the person~) acted, executed the instrument. WITNESS my hand and official seal. (SEAL) ******************************************** CAPACITY CLAIMED BY SIGNER: Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. _____ Individual(s) _____ Corporate Officer(s) Titles _____ Partner(s) ~x~ __ Attorney-in-Fact _____ Trustee(s) ______ Guardian/Conservator ____ Other: Signer is representing: Limited and and General *********************************************************** ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document. Title of type of document: Bond Number of pages: Date of document: Signer(s) other than named above: ~n=o=n=e~---------------------- THIS CERTIFICATE MUST BE ATI'ACHED TO THE I)(X;UMENT DESCRIBED ABOVE . KAS/189636 J ~XECUTED IN TRIPLICATE . . . .. Bond No. 4158065 PREMIUM INCLUDED IN PERFORMANCE BOND SUBDIVISION LABOR AND MATERIAL BOND . (GOVERNMENT CODE, SECTION 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California; and S.J. HILLS, A CALIFORNIA LIMITED PARTNERSHIP (hereinafter desigl'lated as "Principal"), have e"ltered into a Subdlvision Agreement whereby Principal agrees to i'lstall and complete certain desigrtated improvements which said Agreement, dated 19__, and identified as Project TRACT 13865/SAN JUAN CREEK TRAFFIC SIGNAl 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 a'1d ____________ _ DEVELOPERS INSURANCE COMPANY as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinalter called "City" in the p~'1al sum of TWO HUNDRED THOUSAND EIGHT HUNDRED AND N0/100***** Dollars ($200,800.00*** ) lawful money of the United States, for the payment of which sum well and truly to be made, we bhd ourselves, our heirs, successors, executors and admhistrators, jointly a'ld severally, firmly by these presents. The col'ldition of this obligatio., is such that, if the above bound Pri'"lcipal, his or its heirs, executors, admi'listrators, successors or assigns, shall i'l all things stand to and abide by and well and truly keep a'\d perform the co·1enants, col'lditions and provisio'ls i'1 the said agreement and a'1y alteration thereof made as therein provided, 011 his or their part, to be kept a'ld performed at the time a'1d irt the manner therein specified, and h aU respects according to their true i'ltent a'ld meaning, and shall indemnify a'ld save harmless the City, its ofiicers, agents and employees as therei'"l stipulated, then this obligatio., shall become null and void; otherwise it shall !le and remai'1 i'l full Loree and effect. As part of the obligatio'1 secured hereby and i'1 additio'l to the face amount specified therefor, there shall be i'lcluded costs a'ld reasonable expe'1ses and fees 1 of 2 .- The Surety hereby stipulates and agrees that 10 change, exte1sio1 of time, al t~ra tio1 or addition to the terms of the agreement or to the work to be performed thereu1der or the specificatio'ls accompanyi1g the same shall i'l any wise aff:ct its obligatio1s on this bortd, artd it does hereby waive rtotice of a1y such change, exte1sio1 of time, al tera tio1 or addi tio'1 to the terms of the agreeme'1t or to the work or to th: specifica~i~rts. IN WITNESS WHEREOF, three (J) iderttical counterparts of this hstrume1t, each of which shall for all purposes be deemed a~ origi'1al thereof, have bee1 duly executed by the Principal a'1d Surety herei1 'lamed on the 14TH day of FEBRUARY , 19~ the name and corporate seal of eac~ corporate party bei'lg h:reto affixed a1d these pr ese'1ts du l y sig'1ed by its undersigrted represe'1tati·1es pursua'1t to authority of its governing body. NOTE: Please Attach Acknowledgement and Power of A ttor'1e y S.J. HILLS, A CALIFORN IA LIMITED PARTNERSHI P PRINCIPAL ITS GENERAL PARTNER PACIFIC O)MMUNITIES BUILDERS , INC . DEV ELOPE~k INSURANCE COMPANY SUR' Y ~} £~ C :"(ylJT\fl{l,n ) \ I KELLY A. SAITMAN ATTORNEY-IN-FACT (NOTARIZATION AND SEAL) 2 of 2 AME!{/ 0 ~ ~ } STATE OF CALIFORNIA (J_ 10 }ss. COUNTY OF _ (t! It~, c_. } On "f'-th. I i 1'11~ , before me,J 0-Stf h /A-e.. fYhr ie -'?ttY"" f. ,if personally appeared /V-e)~b h Ch..u. f1!( ~~~~~~~~~~~~~~~~~~~~~~~' personally known to me (()f-f)felife&to me-f>A the basis-ef satisfactory evidence) to be the person~ whose namey3) is/ape subscribed to the within instrument and acknowledged to me that he/s~tty(y executed the same in his/~r/th/lr authorized capacity(i/s), and that by his/hp/th,Bir signature~ on the instrument the person(;{ or the entity upon behalf of which the perso~ acted, executed the instrument. WITNESS my hand and official seal. Signatur~fh~~:~ r@··-·· JOSSitiN MAIUf PAREIIT R 'n . • COMM. I 1060740 ! . .: • • Hclllry l'ubk Clitlnlll ~ "( , ' :.:::.~ fiB -~ M,~ ><:>&::;;c:AXX'<-. (nus area for official notarial seal) Title of Document .:5 1..1. 'hd i U ~~ 0 14 Lc,J,,or ~ r1ld-e r/ C( / J 6 At{ Date of Document ~ · if · i!t.. No. of Pages~~-=~:::...=;:..-~~~~~- Other signatures not acknowledged !;£ lZ y t). £--/-au{~ 3008 (1/94) (General) Fust American T1t1e Insurance Company CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA s.s. COUNTY OF San Bernardino On :;:2 .. ;1./-tf{, , before me, Frances Lefler, Notary Public , personally appeared Kelly A. Saitman X personally known to me; or proved to me on the basis of satisfactory evidence to be the person(~) whose name(~) is~~xsubscribed to the within instrument and acknowledged to me that (~/she/~~ executed the same in ~/her/~~ authorized capacity(~~' and that the entity upon behalf of which the person~) acted, executed the instrument. WITNESS my hand and official seal . (SEAL) Signature of No~ Public ~··~·~··~~OOOft0~~000~00$0\0GO~oo Z @'"'" FRANCES LEFLER ot S .,.. • COMM. #1058976 ~ P ~ . NOTARY PUBLIC·CAliFORNIA S 1 ~ SAN BERNARDINO COUNTY P • My Comm Elcp May 14 1999 I ..............••....•.....•.... : ************************************************************* CAPACITY CLAIMED BY SIGNER: Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. _____ Individual(s) _____ Corporate Officer(s) Titles _____ Partner(s) ~x~ __ Attorney-in-Fact _____ Trustee(s) ______ Guardian/Conservator _____ Other: Signer is representing: Limited and and General *********************************************************** ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document. Title of type of document: Bond Number of pages: Date of document : Signer(s) other than named above : ~n~o~n~e~--------------------- THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE. KA S/ 169636 , • • I' POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY P.O. BOX 19725. IRVINE. CA 92713 • (714) 263-3300 N~ 244973 NOTICE: 1. All power and authoroty hcrc1n granted shall many event terminate on the 31st day of March. f996 2. ThiS Power of Attorney 1s vo1d 1f aile red or 1f any port1on IS erased. 3. ThiS Pov.er of Attorney 1s vo1d uRiess the seal1s readable. the tex: •s'" brown ink. the signatures are in blue mk and this notice is In red Ink 4 ThiS Power of Attorney should not be returMd to thA Attorneylos}-ln-FI'Ict but should rema1n a permanent part ot the obllg& ., rf'cord~ KNOW ALL MEN BY THESE PRESENTS that. uxcopt as uxPr<lSSiy l1mtUld. INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, dO each severally. but not JOintly hereby make. conshtute and nppomt ***Jay P . Freeman, Richard P . Crean , John M. Sch a ck, Kelly A. Saitman , jointly or s everally* the true and lawful Attorney(s)-ln-Fact. to mnke. execute. deliver and acknowledge. lor and on behalf of each of said corporations as sureties. bonds, undertakings and contracts or suretyship •n an amount not exceedmg Two MIIIJon F1vu Hundred Thousand Dollars ($2,500,000) In any single undertaking: goving and granllng unto ,aid Attorney(s)-in-Fact lull power and authonty to do and to perform every act necessary, requosJte or proper to be done 1n connection therewith as each ot said corporations could do. but resorvmg to each ot said corporations lull power or substitution and revocation. and all or the acts or said Attorney{s)-ln-Fact. pursuant to these presents, are hereby rat•llcd and conurmed The authOnty and powers conferred by this Powel of Attomey do not extend to any of the following bonds. undertakings or contracts of suretyship: Bank depository bonds, mortgage deficiency bonds. mortgage guarantee bonds. guarantees of installment paper. note guarantee bonds. bonds on financial institutions. lease bonds. Insurance company quohlylng bonds. sell-lnsur~r; bOnds. fidelity bonds or bail bonds. This Power of Attorney Is granted and Is signed by facsimile under and by authority of the tollow1ng resoluhons adopted by the respective Boards of Dtroctors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24. 1986: RESOLVED, that the Chairman of the Boord, tho President and any Vice President of the corporation be, and that each of them hereby Is. outhonzed to execute Powers of Attorney. qualifying the attorney(s) named In the Powers of Attorney to execute, on behalf of tho corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assis- tant Secretary of the corporation be, and each or them hereby is. authorized to attest the execution or any such Power or Attorney: RESOLVED, FURTHER, that the signatures of such olllcers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall he valid and binding upon the corporation when so affixed :;~nd In I he future with respect to any bond, undertaking or contract ot suretyship to which It Is ottoohed. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be slgolld by their respec- tive Presidents and attested by their respective Secretaries this 1st day or April, 1993. By __ _ ATTEST By ___ _ STATE OF CALIFORNIA) Walter Crowell Secretary ) ss COUNTY OF ORANGE ) ATTEST By ___ _ Walter Crowell Secretary On July 15, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared Dante F. Vincenti, Jr. and Walter A. Crowell, per· sonally known to me (or proved to me on the basis of satisfactory evidence} to be the persons who executed the within instrument as President and Secretary on behalf of Indemnity Company of California and as President and Secretary of Developers Insurance Company, the Corporations therein named. and acknowledged to me that the corporalions executed it. WITNESS my hand and official seal. .Y.~~/Z. Signature _jj_{jj/;JjjJ/J.J .. Notary Public CERTIFICATE OFFICIAL SEAL J. ALVARADO COMM. #1023169 NOTARY PUBLIC· CALIFORNIA ORANGE COUNTY My Commlulon Exp. Apr t7, 1998 The undersigned, as Semor VIce PreSident of INDEMNITY COMPANY OF CALIFORNIA, and Senior VIce President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains In lull force and has not been revoked: and furthermore, that the provisions of the resolutions of the respective Boards ot Directors of said corporations set forth In the Power of Attorney, are in Ioree as of the date of this Certificate. This Certificate Is executed In the City of Irvine, California. this J .. 4J}j __ day or -----f-URUAR-Y-, 199-6-. INDEMNITY COMPANY OF CALIFORNIA By ;;:z(~ ~_0 ID·310REV 1/95 LC Fiebiger Senior Vice President DEVELOPERS INSURANCE COMPANY By ;;:z(~~trz L.C. Fiebiger Senior VIce President I .... ----., -...... -. February 5, 2001 CITY OF SAN mAN CAPISTRANO 32400 PASEO ADELANTO SAN mAN CAPISTRANO, CA 92675 RE: Bond Number: 415855S RECEIVED fEB lZ 3 21 PH '01 CliY ~LEHII. DE PAR mE NT CITY ::1:-" SAN JUA!l CA?:~lRANt) T/3865 }_(lt)dS(JIJ(JI/!j I!>J f;' rc-v 21; 1~c f·)l ,A@ Y · Principal Name: S J HILLS A CALIFORNIA LIMITED Dear Obligee: You have recently received a letter regarding the merger of Developers Insurance Company (DICO) into Developers Surety and Indemnity Company (DSI). The merger was effective December 29, 2000, at which time all active DICO bonds, including yours, referenced above, were automatically transferred into the name ofDSI. Please accept this letter and the attached Merger Endorsement as an additional legal notice of the merger. As approved within the merger agreement, please use the attached Merger Endorsement as the official notice for the transfer of bonded liability from DICO to DSI for all of the listed active bonds. q this letter a11d e11dorseme11t are 11ot sufficient vehicles of 11otijicatio11 of the merger, please co11tact our Service Departme11t at 800-782-1546 to request further i11formatio11. Thank you for your cooperation during our merger process. Sincerely, David H. Rhodes Executive Vice President Chief Underwriting Officer Insco Insurance Services, Inc. • CA Lie. 0403172 17780 Fitch • Suite 200 • Irvine, CA 92614 • (800) 782·1546 • (949) 263-3300 • Fax (949) 2S2·19SS • htm://www.InscoDico.com Underwriting Manager for: Developers Surety and Indemnity Company • Indemnity Company of California MERGER ENDORSEMENT In accordance with the merger of Developers Insurance Company with and into Developers Surety and Indemnity Company, effective the 29th day of December, 2000, your insurance company is now Developers Surety and Indemnity Company (the "Company"). The address of the Company's administmtive office is: 17780 Fitch, Ste. 200 Irvine, California 92614 No terms, conditions or benefits of your bond have changed. All servicing of your bond will be done by the Company or its affiliated representatives. Please keep this endorsement with your bond. If you have any questions, you may write the Company at the above address. Secretary 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1 1 7 1 (949) 493-1 053 (FAX) www.sanjuancapistrano. org February 18, 2003 Mr. Nelson Chung, President Pacific Communities Builder, Inc. 1000 Dove Street, Suite 100 Newport Beach, California 92660 MEMBERS OF THE CI1Y COIRICIL DIANE L BATHGATE JOHNS. GELFF WVAnHART JOESOTO DAVID M. SWERDUN CI1Y MANAGER GEORGE SCARBOROUGH RE: Release of Bonds and Acceptance of Replacement Bonds (S J Hills. Tract 13856 Dear Mr. Chung: The City of San Juan Capistrano is in receipt of the following replacement Bonds: BE2616323, San Juan Creek Traffic Signal; and, BE2616322, Common Area Landscaping. Please find enclosed Bonds 415806S and 415855S which have been released. If I can provide any additional assistance, please contact me at (949) 443-6310. Sincerely, /lMJJJfJ Dawn Schanderl Deputy City Clerk cc: Sam Shoucair, Senior Engineer San Juan Capistrano: Preserving the Past to Enhance the Future ~ ~ f . t.At.l.Uit.U !N IK.iPLl(.;AlE SUBDIVISION FArrHFUL PERFORMANCE BOND ,. TRACT. 13865 ( ERN E T C ) SAN JUAN CREEK TRAFFIC SIGNAL CiOV M N ODE • 66499.1 BONO NO: 4158065 PREMIUM: $3,614.00 WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and S.J. HILLS, A CALIFORNIA LIMITED PARTNERSHIP (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agre_~ment dated 19 ___ .-J and made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, to I furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, we, the Principal and ___________ _ DEVELOPERS INSURANCE COMPANY , as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of TWO HUNDRED THOUSAND EIGHT HUNDRED AND N0/100~*** {$200,800.00***) 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. ~OW, 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 'loid; 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 OATE~~~~~,-08_ ,/«lt!JLdtz ~mMti tUnAJO£:Jbllo3~3 ~ 2. Said Surety, for value received, hereby stipulates and agrees that :10 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, oJr modification of the contract documents or of work to be performed thereunder. Executed this 14TH -----day of FEBRUARY l9 96 , at __ ...~ou.LN~o~I..c:~A.g.R.r.~TOI.L--------------J' California. APPROVED AS TO FORM: £ul~ CITY ATTORNEY Page 2 -Subdivision Performance Bond S.J. HILLS, A CALIFORNIA LIMITED PARTNERSHIP 0-0 0 0 ITS GENERAL PARmER ~fdfi.~bP ~ITIES BUILDERS, INC. (NOTARIZATION AND S DEVELOPERS INSURANCE COMPANY SUR TY KELLY A. TMAN ATTORNEY-IN-FACT (NOTARIZATION AND SEAL) STATE OF CALI FORNI A [) COUNTY OF fYLa 11te_ } }ss. } on ffj, · I { /11k . before me. Jo~~ /u·ne fflttri~~~X{id- personally appeared~~~~.~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~· personally known to me (arprev-efrtcrr11e 011 t11e basis oT satisfactory evidoAce) to be the person~ whose name}S) is/af€ subscribed to the within instrument and acknowledged to me that he/s~/tt-u{y executed the same in his/hfr/thy{r authorized capacity((s). and that by his!t/rttty{ir signaturejsf on the instrument the perso~ or the entity upon behalf of which the persoi)XSJ acted, executed the instrument. WITNESS my hand and official seal. i ~ 'J) , • COMM.I1060740 ,. a: •• . NotMy Nlic CaiMia ~ <( , ORAHG£ COOinT ·-L '··~ .... !~. J Signature~ (Th•s area lor oll•c•al notarial seal) Title of Document ~~~~~~~~~~~~i-~~~~~~~~~~~--~--- Date of Document ~~~~~-+~~~r-~ Other signatures not acknowledged ~~w.-:l.o....l.~~~-+-t..-=-~._...LII1_.~--+--~~~:::----~~~- 3008 ( 1/94) (General) Fnst Amencan Tille Insurance Company CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF San Bernardino ) ) ) s.s. On :?'If./-I/~ , before me, Frances Lefler, Nota&Y Public , personally appeared ----~K~e~l~l~v~A~-~S~a~1~·t=m~a=n=-----------------------------' X personally known to me; or proved to me on the basis of satisfactory evidence to be the person(~) whose name(~) is~xsubscribed to the within instrument and acknowledged to me that (~/she/~ executed the same in ~/her/~~ authorized capacity(~~' and that the entity upon behalf of which the person~) acted, executed the instrument. WITNESS my hand and official seal. (SEAL) CAPACITY CJ.ADfRD BY SIGNER: ~~···············$0000000000~000 Z e FRANCES LEFLER • S ~... COMM. #1058976 Z p ~ NOTARY PUBUC.CAUFORNIA S 1 SAN BERNARDINO COUNTY P • My Comm. Eicp. May 14 1999 I ..........................•.... : Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. _____ Individual(s) ----~Corporate Officer(s) Titles _____ .Partner ( s) _A~u--~Attorney-in-Fact ____ Trustee ( s) ____ Guardian/Conservator ____ Other: Signer is representing: and -------- and -------------_____ Limited ----General *********************************************************** ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document. Title of type of document: Bond Number of pages: Date of document:_ . Signer(s) other than named above: ~n~o~n~e~----------------- THIS CERTIFICATE HOST BE ATTACHED TO THE DOCUliBNT DESCRIBED ABOVE. ICAS/119838 j· EXECUTED IN TRIPLICATE Bond No. 4158065 PREMIUM INCLUDED IN PERFORMANCE BOND SUBDMSJON LABOR AND MATERIAL BOND . (GOVERNMENT CODE, SECTION 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California; and S.J. HILLS, A CALIFORNIA LIMITED PARTNERSHIP (hereinafter designated as "Principal"), have e'ltered into a Subdivision Agreement whereby Principal agrees to i11stal1 and complete certain desig'lated improvements which said Agreement, dated 19____,.J and identified as Project TRACT 13865/SAN JUAN CREEK TRAFFIC SIGNAL 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 !or the faithful performance of said agreement; NOW, THEREFORE, we, the Principal a'ld ___________ _ DEVELOPERS INSURANCE COMPANY as Surety, are held and firmly bound unto the City of San Juan C::apistrano, hereinafter called "City" in the p~'lal sum of TWO HUNDRED THOUSAND EIGHT HUNDRED AND N0/100***** Dollars ($200,800.00*** ) lawful money of the United States, for the payment of which sum well and truly to be made, we bi'ld ourselves, our heirs, successors, executors a!'ld admi'listrators, jointly a'ld severally, firmly by these presertts. The col'ldition of this obligatio'\ is such that, if the above bound Pri'lcipal, hls or its heirs, executors, admi'listrators, successors or assigns, shall i'l all things stand to and abide by a'ld well and truly keep a'ld perform the co·tenants, co11ditions and provisio'ls h the said agreement alld a'ly alteration thereof made as therein provided, on his or their part, to be kept a11d performed at the time a"td ill the manller therein specified, and i'l all respects according to their true i'ltent a'ld meaning, and shall i'ldemnify a'ld save harmless the City, its officers, agents and employees as therei'l stipulated, then this obligatio'l shall become 'lUll and void; otherwise it shall ~e and remai'1 i'1 full force and effect. As part of the obligatio'l secured hereby and i'l additio'l to the face amou'lt specified therefor, there shall be illcluded costs alld reasonable expe'lses and fees 1 of 2 The Surety hereby stipulates and agrees that .,o change, exte'lsio'l of time, alteratio'l or addition to the terms of the agreement or to the work to be performed thereu'lder or the specificatio'ls accompanyi"lg the same shall i'l any wise affect its obligatio'ls 011 this bo'ld, and it does hereby waive notice of a"ly such change, exte'lSto'l of time, alteratio'l or additio'l to the terms of the agreeme'lt or to the work or to the specifica~i~l'ls. IN WITNESS WHEREOF, three (3) ide'ltical counterparts of this hstrume'lt, each of which shall for all purposes be deemed a~ origi'lal thereof, have bee'l duly executed by the Principal a'ld Surety herei"l ·,'lamed on the 14TH day of FEBRUARY , 19~ the name and corporate seal of eactl corporate party bei'lg hereto affixed a'ld these prese"lts duly sig'led by its undersigned represel'ltatives pursua'lt to authority of its governing body. NOTE: Please Attach Acknowledgemel'lt and Power of Attor'ley S.J. HILLS, A CALIFORNIA LIMITED PARTNERSHIP PRINCIPAL ITS GENERAL PAR'INER PACIFIC OJMMUNITIFS BUILDERS I INC. DEVELOPERS INSURANCE COMPANY SURE Y KELLY A. SA TMA TTORNEY-IN-FACT (NOTARIZATION AND SEAL} 2 of 2 AME [{/ STATE OF CALIFORNIA f) COUNTY OF (1/ rt{ A-if '£._ 0 -<1 } }ss. } ~ On +-d~-Ff1ft . before me, Jo.s8f;L11:e f'V!tan'-e~r--eJ , personally appeared~~~~~~~~~~~~O~~~~~~.h~~~~~4~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~' personally known to me (~evea tcrme-eA-tl:la-easts etsatisfae~er:y-evi€1e~) to be the person~ whose name~ is/c;re subscribed to the within instru ment and acknowledged to me that he/s)'le/thjy executed the same in his/9€r/t~ir authorized capacity yes). and that by his/her/their signature~ on the instrument the personj) or the entity upon behalf of which the person~ acted, executed the instrument. WITNESS my hand and official seal. (This orca for ofhcial notarial seal) Title of Document ~lli.~d.J_jJ_~~~,__.i=.~~:r_~J;tm;;HEL(!J!J::eJ:J.A'....L..!f:2fl.Yl... Date of Document --~~~~~~~~~~ Other signatures not acknowledged ~~--j-..:.~...L..I-=F-~~-'-~--::=-::.::::~:-L.....-'~.=t.-""=~~~~ 3000 ( 1/94) (General) Forst Amencan T1tlc lnsuronco Company CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF San Bernardino ) ) ) s.s. On 4··/l!--t? ~ , before me, Frances Lefler. Notary Public , personally appeared ----~K~e~l~l~y._~A~-~s~a~i~t~m~a~n~-----------------------------' X personally known to me; or proved to me on the basis of satisfactory evidence to be the person(~) whose nameps) is~~subscribed to the within instrument and acknowledged to me that (~she/~~ executed the same in ~/her/~~ authorized capacity(~, and that the entity upon behalf of which the person~) acted, executed the instrument. WITNESS my hand and official seal. (SEAL) ~00000000000000000000000•••~ooeo S • ..,. COMM. #1058976 Z Z@ FRANCES LEFLER " P . NOTARY PUBLIC·CALIFORNIA S .fit ~ I ' ... ..._INOCOUNTY p { {/{ 411 /d .£. d : ... (1 •••••• ~~;::~::.~:.~~~=:~ Signature of Notary P lie *******************~******************************* CAPACITY CT.ADfED BY SIGNER: Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. _____ Individual(s) _____ Corporate Officer(s) Titles ____ _...Partner(s) _x=r--~Attorney-in-Fact _____ Trustee(s) ----~Guardian/Conservator _____ Other: Signer ·is representing: -------------and and Limited ____ General *********************************************************** ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document. Title of type of document: Bond Number of pages: Date of document: -. Signer(s) other than named above: ~n~o~n~e~------------------- TIIJ:S CERTIFICATE !lUST BE ATTACHED TO THE DOCOKENT DESCRIBED ABOVE. ICAS/189838 POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY N~ 244972 P.O. BOX 19725, IRVINE, CA 92713 • (714) 263-3300 NOTICE: 1. All power and authority herein granted shall In any event terminate on the 31st day of March. 1996. 2. This Power of Attorney Is void If altered or if any portion is erased. 3. This Power of Attorney Is void unless the seal is readable, the text Is In brown ink, the signatures are In blue Ink and this notice is In red Ink. 4. This Power of Attorney should not be returned to the Attorney(s)-ln-Fact, but should remain a permanent part of the obligee's records. KNOW All MEN BY THESE PRESENTS, that. except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint ***Jay P. Freeman, Richard P. Crean, John M. Schack, Kelly A. Saitman, jointly or severally* the true and lawful Attorney(s)-ln-Fact, to make, execute, deliver and acknowledge, for and on behalf of each of said corporations as sureties, bonds, undertakings and contracts of suretyship In an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) In any single undertaking; giving and granting unto said Attorney(s)-ln-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done In connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation; and all of the acts of said Attorney(s)-ln-Fact, pursuant to these presents, are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship: Bank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of Installment paper, note guerantee bonds, bonds on financial institutions, lease bonds, Insurance company qualifying bonds, sell-Insurer's bonds, fidelity bonds or ball bonds. Th.ls Power of Attorney Is granted and Is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OP CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986: ~ESOLVED, that the Chairman of the Board, the President and any Vice President of the cprporatlon be, and that each of them hereby Is, authorized to execute Powers of Attorney, qualifying the attorney(&) named In the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assis- tant Secretary of the corporation be, and each of them hereby Is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certlftcata relallng thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and In the future with respect to any bond, undertaking or contract of suretyship to which Ills attached. IN WITNESS WHEREOF,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec· tive Presidents and attested by their respective Secretaries this 1st day of April, 1993. INDEMNITY COMPANY OF CALIFORNIA ATTEST By_~N __ Idu~W-=---- Walter Crowell Secretary STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) DEVELOPERS INSURANCE COMPANY ATIEST By_--K........;O}tj~/du~UL:=--- Walter Crowell Secretary On July 15, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared Dante F. Vincenti, Jr. and Walter A. Crowell, per- sonally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within Instrument as President and Secretary on behalf of Indemnity Company of Ca!lfomla and as President and Secretary of Developers Insurance Company, the Corporations therein named, and acknowledged to me that the corporations executed it. WITNESS my hand and official seal. Signature ___._rt._aJmf}~} - Notary Public CERTIFICATE OFFICIAL SEAL J. ALVARADO COMM. #1023169 NOTARY PUBUC • CAUFOANIA ORANGE COUNTY My Commission Exp. Pflr. 17, 1998 The undersigned, as Senior VIce President of INDEMNITY COMPANY OF CALIFORNIA, and Senior VIce President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains In fuU force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth In the Power of Attomfj. are in force as of the date of this Certlftcate. This Certificate Is executed In the City of Irvine, California. this 14 H day of FEBRUARY 199_6_. INDEMNITY COMPANY OF CALIFORNIA By_:_~__:::___~~· ~~~-L.C. Fiebiger Senior VIce President 10·310 REV. 1/95 DEVELOPERS INSURANCE COMPANY By___;_?(_. __,~~~-6rz~- L.C. Fiebiger Senior Vice President ··I EX~CUTEo· IN TRIPLICATE TRACT 13865 lANDSCAPING BOND NO: 4158555 PREMIUM: $1,170.00 SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE • 66499.1) ll! / .. -' .) ( I ; ~ I - ,.,-I { / I' -11 ; L ... / , /. . .._ . . · · WHEREAS, the City Council of the City of San Juan Capistrano, State .Jf {/ _, ~' ' (! , ., . , ; . ' , California, and S. J. HILLS, A CALIFORNIA LIMITED PARTNERSHIP /( L { / 1 "" .. 1 (. . (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby .· Ji '· .~: ~ · · Principal agrees :o install and complete certain designated public improvements, whic!1 (' . I I ' said Agreement dated 19 ___ __, and made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, :;:, . furnish a bond for :he faithful performance of said Agreement; NOW, THEREFORE, we, the Principal and------------ DEVELOPERS INSURANCE COMPANY , as Surety, are held firmly bound unt:=~ the City of San Juan Capistrano (hereafter called "Obligee"), in the sum o! SIXTY FIVE THOUSAND AND N0/100*** ($65.000.00*l'IIOollars, lawful money of the United States, for the payment of which sum well and truly to !:le made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. ~OW, THEREFORE, the condition of this obligation is such that if Prindpal shall promptly and faithfully perform said improvements, then the obligation shall !Je nul: and ·1oid; otherwise it shall remain in full force and effect. Surety wai·tes any rights, :: there be any, to reGuire that a demand be made first against the Principal in the e·tent o: default. BE IT FURTHER RESOLVED: l. :\sa part of the obligation secured hereby, and in addition to the !.lee amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, .!~~ to be taxed as costs and included in any judgment rendered. RELEASED OATE~w).Q. .. 2~-- 'r . . 2. Said Surety, for value received, hereby stipulates and agrees that :lo change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way aHec:t its obligatioN or this bond, an~ it does hereby waive notice of any such change, extension of time, alteration, ~~ modification of the contract documents or of work to be performed thereunder. Executed this 8TH -----day of _MA_R_c_"----------------~ 19 96 , at __ ...~n~N...,T.AARg,Tu.O.__ __________ .-J, California. APPROVED AS TO FORM: Rul~ CITY ATTORNEY P3ge 2 -Subdi·tision Performance Bond S.J. HILLS, A CALIFORNIA LIMITED PARTNERSHIP PRINCIPAL INSURANCE COMPANY KELL 1 A. . ITMAN ATIORNEY-IN-rACi (NOTARIZATION AND SEAL) personally known to me (~r proved to ~e 9R the basis of satisfactory evidence) to be the person(~ whose name~ is/ad subscribed to the within instrwl~nt and acknowl-t!~d~to me that he/s~/th~9fecuted the same in hisj r/th au~ori ed capacity(i ), and that by his/1)¢'/ eir s gnature( on the ins ent the rson(Sf, or the entity upon alf of which the perso~;J':cted, executed the instrument. WITNESS my hand and official seal. This area for Official Notarial Seal ----------OPTIONAL--------- Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER D INDIVIDUAL D CORPORATE OFFICER nn.E(S) D PARTNER(S) D ATTORNEY-IN-FACT D TRUSTEE(S) D LIMITED D GENERAL D GUARDIAN/CONSERVATOR D OTHER: __________ _ SIGNER IS REPRESENTING: NAME OF PERSONISI OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 10-081 Rev. 6/94 ALL-PURPOSE ACKNOWLEDGEMENT CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF San Bernardino ) ) ) s.s. On 3-f--(/{:, , before me, Frances Lefler, NotakY Public , personally appeared --~~K~e~l~l~y~A~·~S~a~i~t7m~a~n~----------------------------' X personally known to me; or proved to me on the basis of satisfactory evidence to be the person(~) whose name(~) is~sxsubscribed to the within instrument and acknowledged to me that (~/she/~ executed the same in ~/her/~~ authorized capacity(~~' and that the entity upon behalf of which the person~) acted, executed the instrument. WITNESS my hand and official seal. (SEAL) CAPACITY CLADIED BY SIGNER: Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. _____ Individual(s) _____ corporate Officer(s) Titles _____ Partner(s) ~x--~Attorney-in-Fact ___ Trustee(s) ----~Guardian/Conservator _____ Other: Signer is representing: Limited and and _____ General *********************************************************** ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document. Title of type of document: Bond Number of pages: Date of document:_. Signer(s) other than named above: ~n~o~n~e~-------------------- TBIS CERTIFICATE MUST BE ATTACHED TO THE DOCUliBN'.r DESCRIBED ABOVE. ICAS/1118838 J . ·EXECUTED IN TRIPLICATE Bond No. 4158~5$ PREMIUM INCLUDED IN PERFORMANCE BONO SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE, SECTION 66499.2) WHEREAS, the City Council of the City of San Juan Capistra~o, State of California, ·and S.J. HILLS, A CALIFORNIA LIMITED PARTNERSHIP (hereinafter desig'lated as "Pr-incipal"), have e'ltered i'lto a Subdi·1ision Agreement whereby Principal agrees to i'lstall and complete certain desig'lated improvements which said Agreement, dated 19___, and identified as Project TRACT 13865 LANDSCAPING is hereby referred to and made a part hereof; and WHEREAS, said Principal is reGuired under the terms of said agreemen~ to fur'lish a bond for the faithful performance of said agreement; .. NOW, THEREFORE, we, the Pri'lcipal a"ld -------------- DEVELOPERS INSURANCE COMPANY as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the pe"tal sum of SIXTY FIVE THOUSAND AND N0/100*** Dollars ($ 65,000.00*** ) lawful money of the U'lited· States, for the payme~t of which sum well a11d truly to be made, we bi"1d ourselves, our heirs, successors, executors and admhistrators, joi'1tly a'ld se'lerally, firmly by these presents. The co11dition of this obligatio., is such that, if the above bound Pri"1Cipal, his or its heirs, executors, admi'listrators, successors or assig'ls, shall i'l all things st.a"1d to a'ld abide by a"'d well ar"Jd truly keep a'1d perform the co·1enants, co'ldi tio"ls al'ld pro·,isio"'s h the said agreeme"'t a"ld a'ly al tera tio"' thereof made as therei'l pro·tided, o'1 his or their part, to be kept a'ld performed at the time a"ld i'l the maMer therei"l specified, a'ld h all respects according :o their true i"'tent a'ld meani'lg, and shall i'ldem~ify a'ld sa·'e harm less the City, i :s officers, age~ts and employees as the rei-\ stipulated, the'l this obligatio'l shall !lecome "'lull a"td ·1oid; otherwise it shall 'e a"'d remai"t i"' full force a'1d e!!ect. As part ~f the oblizatio'l secured hereby and i"' additio'l to the face amou'lt specified therefor, there shall be i'lcluded c~sts a'ld reaso"'able expe'lses a'ld fees 1 of 2 The Surety hereby stipulates and agrees that "''O change, exte'lsio1 of :ime, alteratio"'' or addition to the terms of the agreement or to the work to be performed thereu,dcr or the specificatio'ls accompanyi"''g the same shall i'l any wise alfec: i :s obligatio"''s Or} this bo'ld, atld it does hereby waive 'lotice of a.,y_such char}ge, exte1sio't of time, alteratia'l or additio"' to the terms of the agreeme"'t or to the work or to the specificatio'ls. IN \\'IT~ESS WHEREOF, three (J) ide"'tical coutlterparts of this i1st:-ume1:, each of which shall for all purposes be deemed a!l origi"'al thereof, have :,ee"'' dul~ executed by the Principal a"''d Surety herei"'' ''lamed 011 the 8TH ca~· of MARCH 19~ the name and corporate seal of each corporate partr bei"''g hereto affixed a'ld these prese'lts duly sig'led by its U'ldersig11ed represe'lta.ti·les pursua'lt to authority of its goverr}ing body. NOTE: Please Attach Ack'lowledgeme'lt a"''d Power of A ttor"''ey S.J. HILLS, A CALIFORNIA LIMITED PARTNERSHI? PRINCIPAl. DEVELOPE S INSURANCE COMPANY SUR TY ~~~~~~~~~~~~~------- KELLY A. AI N ATTORNEY-IN-FACT (NOTARIZATION AND SEAL) 2 of 2 personally known to me (~r preved to .me on the basis of satisfactory ev1dence)-to be the person,£8') whose name~ is/o/'e subscribed to the within instrument and acknowl- edged to me that he/sl)l/th~ executed the same in his/ h~thf~r authorized capacity(ie,sj, and that by his/~/ their signature(f on the instrument the person(sr,' or the entity upon behalf of which the personVr) acted, executed the instrument. WITNESS my hand and official seal. Signahlre ~ ~-( ~ L-___ -r_h_is_ar_ea_Jo_r_o_'ffi_''ia_l_N_ot_arra_· _1 s_ea_t __ ____J ---------• OPTIONAL---------- Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER D INDIVIDUAL 0 CORPORATE OFFICER TITLE(S) D PARTNER(S) D ATTORNEY-IN-FACT D TRUSTEE(S) 0 UMITED 0 GENERAL D GUARDIAN/CONSERVATOR D OTHER: _________ _ SIGNER IS REPRESENTING: NAME OF PERSON($) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE JD-081 Rev. 6/CU ALL-PURPOSE ACKNOWLEDGEMENT I CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF San Bernardino ) ) ) s.s. On 3-R,qi, , before me, Frances Lefler. Nota£Y Public , personally appeared --~~K~e~l~l~y~A~·~S~a~i~t~m~a~n~--~------------------------' X personally known to me: or proved to me on the basis of satisfactory evidence to be the person(~) whose name(~) is~.xsubscribed to the within instrument and acknowledged to me that (~/she/~~ executed the same in ~/her/~~ authorized capacity(~;, and that the entity upon behalf of which the person~) acted, executed the instrument. WITNESS my hand and official seal. (SEAL) ~~··~OOOOGOOGO~oooeooo•o!l\:900<'>0•~'-' s ~ , COMM. #1058976 s z (j' FRANCES LEFLER ~ p .s-·. NOTARY PUBLIC·CAUfORNIA p L).-1 lJ,. ../ d _ 1 SAN BERNARDINO COUNTY Wd,. /( 11, U, -'4 H__~ .•.000 My Comm. up. May 14, 1999! Signature of Not~ PUblic • .,.oooooee•ouooooo~eooooo• ************************************************************* CAPACITY CLAIMED BY SIGNER: Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. _____ Individual(s) _____ Corporate Officer(s) Titles ____ Partner(s) -eX--~Attorney-in-Fact _____ Trustee(s) _____ Guardian/Conservator _____ Other: Signer is representing: Limited and and --------~---General *********************************************************** ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document. Title of type of document: Bond Number of pages: Date of document:_ . Signer(s) other than named above: ~n~o~n~e~-------------------- TBIS CERTIFICATE HOST BE ATTACHED TO TBB DOCUliER'r DESCRIBED ABOVE. ICAS/111118:18 POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY N~ 244994 P.O. BOX 19725, IRVINE, CA 92713 • (714) 263-3300 NOTICE: 1. An power and authority herein granted shall In any event terminate on the 31st day of March, 1996. 2. This, Power of Attorney Is void if altered or If any portion Is erased. 3. This Power of Attorney Is void unless the seal Is readable, the text is In brown Ink, the signatures are in blue Ink and this notice Is In red Ink. 4, This Power of Attorney should not be returned to the Attorney( a)-In-Fact. but should remain a permanent part ol the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that. except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint ***Jay P. Freeman, Richard P. Crean, John M. Schack, Kelly A. Saitman, jointly or severally* the true and lawful Attorney(s)-ln-Fact, to make, execute, deliver and acknowledge, lor and on behalf ol each ol said corporations as sureties, bonds, undertakings and contracts or suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) In any single undertaking; giving and granting unto said Attorney(s)-ln·Fact full power and authority to do and to perform every act necessary, requisite or proper to be done In connection therewith as each ol said corporations could do, but reserving to each or said corporations full power of substitution and revocation; and all or the acts ol said Attorney(sHn·Fac:t. pursuant to these presents, are hereby ratified and confirmed. Th!t authority and powers conferred by this Power of Attorney do not extend to any of the following bonds. undertakings or contracts of suretyship: Bank depository bonds. mortgage deficiency bonds, mortgage guarantee bonds, guarantees ol Installment paper, note guarantee bonds, bonds on financial Institutions, lease bonds,.lnsurance company qualifying bonds, self-insurer's bonds, fidelity bonds or bail bonds. This Power or Attorney Is granted and Is signed by facsimile under and by authority or the following resolutions adopted by the respective Boards of Directors ol INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986: RESOLVED, that the Chairman of the Board, the President and any VIce President of the cprporatlon be, and that each of them hereby Is, authorized to execute Powers of Attorney, qualifying the attorney(s) named In the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assis- tant Secretary of the corporation be, and each of them hereby Is, authorized to attest the execution of any sucll Power'of Attorney; RESOLVED. FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such lacslmlle signatures shall be valid and binding upon the corporation when so affixed and In the future with respect to any bond, undertaking or contract of suretyship to which It is attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 1st day or April, 1993. INDEMNITY COMPANY OF CALIFORNIA ATTEST By_~/ti--:-::-:-:-ldo~/,#{-::-- Walter Crowell Secretary STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) DEVELOPERS INSURANCE COMPANY ATTEST By_~ith~ldo--"'='/rt(/{~- Walter Crowell Secretary On July 15, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared Dante F. Vincenti, Jr. and Walter A. Crowell, per- sonally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within Instrument as President and Secretary on behalf of Indemnity Company of California and as President and Secretary of Developers Insurance Company, the Corporations therein named, and acknowledged to me that the corporations executed lt. WITNESS my hand and official seal. ~) Signature ----+LL_,_~tm!!JL~~~r..L-------Notary Public CERTIFICATE OFFICIAL SEAL J.ALVARADO COMM. #1023169 NOTARY PUBUC • CAUFORNIA ORANGE COUNTY My Commission Exp. ~. 17, 19118 The undersigned, as Senior VIce President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does her~by certify that the foregoing and attached Power of Attorney remains In lui! force and has not been revoked: and furthermore, that the provisions of the resolutions of the respect1ve Boards of Directors of said corporations set forth in the Power ol Attorney, are in force as of the date of this Certificate. This Certificate is executed In the City of Irvine, California, this 81H day ol MARCH 199_6_. INDEMNITY COMPANY OF CALIFORNIA By~~-=--~.....:.......;--~~~L.C. Fiebiger Senior VIce President ID-310 REV. 1195 DEVELOPERS INSURANCE COMPANY By____:....~----'~~~.,...-,----..~~- L.C. Fiebiger Senior Vice President . . February 5, 2001 CITY OF SAN WAN CAPISTRANO 32400 PASEO ADELANTO SAN WAN CAPISTRANO, CA 92675 RE: Bond Number: 4 J 5806S Principal Name: S J HILLS A CALIFORNIA Dear Obligee: RECElVEO fEB l l 3 21 fK '0 \ Cln' CLEiH~ DEPM~HIEHT CITY OF SAPI JUAH ct.F ISTHI.Ht) Tt386'i )tr\prc. ve/l!t?l.~,T AcY: TrAffie 01gna I ~AN jutJ.n~teeJL) You have recently received a letter regarding the merger of Developers Insurance Company (DICO) into Developers Surety and Indemnity Company (DSI). The merger was effective December 29, 2000, at which time all active DICO bonds, including yours, referenced above, were automatically transferred into the name ofDSI. Please accept this letter and the attached Merger Endorsement as an additional legal notice ofthe merger. As approved within the merger agreement, please use the attached Merger Endorsement as the official notice for the transfer of bonded liability from DICO to DSI for all ofthe listed active bonds. If tllis letter and endorsement are not sufficient vehicles of notification of the merger, please contact our Service Department at 800-782-1546 to request further Information. Thank you for your cooperation during our merger process. Sincerely, David H. Rhodes Executive Vice President Chief Underwriting Officer Insco Insurance Services. Inc. • CA lie. 0403172 17780 Fitch • Suite 200 • Irvine, CA 92614 • (BOO) 782-1546 • (949) 263·3300 • Fax (949) 252-1955 • http://www.lnscoDico.com Underwriting Manager for: Developers Surety and Indemnity Company • Indemnity Company of California .. \ MERGER ENDORSEMENT In accordance with the merger of Developers Insurance Company with and into Developers Surety and Indemnity Company, effective the 29th day of December, 2000, your insurance company is now Developers Surety and Indemnity Company (the "Company"). The address of the Company's administrative office is: 17780 Fitch, Ste. 200 Irvine, California 92614 No tenns, conditions or benefits of your bond have changed. All servicing of your bond will be done by the Company or its affiliated representatives. Please keep this endorsement with your bond. If you have any questions, you may write the Company at the above address. President Secretary BONO NO: 4158555 PREMIUM: $1,170.00 J EX~CUTEO" IN TRIPLICATE TRACT 13865 LANDSCAPING SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE • 66499.1) WHEREAS, the City Council of the City of San Juan Capistrano, State .:~ California, and S .J. HILLS, A CALIFORNIA LIMITED PARTNERSHIP (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements, whic~ said Agreement dated 19 ___ --' and made a part hereof; and WHEREAS, said Principal is required, under the terms of said :\greement, :o furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, we, the Principal and ____________ _ DEVELOPERS INSURANCE COMPANY , as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of SIXTY FIVE THOUSAND AND N0/100*** ($65.000.00*l~ollars, lawful money of the United States, for the payment of which swn well and truly to be ' made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, nrmly by these presents. ~OW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall ~e nul: and ·1oid; otherwise it shall remain in full force and effect. Surety waives any rights, :: there be any, to require that a demand be made first against the Principal in the e'lent o: default. BElT FURTHER RESOLVED: 1. As a part o! the obligation secured hereby, and in addition to the !J.ce .amount specified, there shall be included c~sts and reasonable expenses and !ees, inc!uding reasonable attorney's fees, incurred by City in successfully enforcing such obliga cion, al: to be taxed as costs and included in any judgment rendered. . . 2. Said Surety, for value received, hereby stipulates and agrees chat .10 change, extension of time, alteration, or modification of the contract documents or ol t~e work to be performed thereunder, shall in any way affect i t3 obligatioru o r crus bond, .lnc it does hereby waive notice of any such change, extension of time, al ter:uion, .:J: modification of the contract documents or of work to be performed thereunder. Executed this 8TH day o ! MARCH ________________________ _J 19 06 , at ___ _...o .... NT..,..A.,.R ... I .... o,__ ______________________ --J, Cal if orni a... APPROVED AS TO FOR~: ~0.Ji CITY ATTORNEY Plge 2 -Subdi·ti~on Performance Bond S.J. HILLS , A CALIFORNIA LIMIT ED PARTNERSHIP PRINCIPAL KELCv A. s1rTMAN ATTORNEY-IN-~ACT (NOTARIZATION AND SEAL) personally known to me (o.f pFe'tea to me on the basis o£ · · ce) to be the person(s) whose name~ is/a e subscribed to the within instrument and ackno~l~ edg d to me that he/~e/t?_ly executed the same in his} h.fr/th~ auth~?zed capacity(~, and that by his/1'\ef/ their signature~ on the instrument ~~Jerson~ or the entity upon behalf of which the person(' acted, executed the instrument. WITNESS my hand and official seal. /\ I '--() f._:;;;;;--~ 1 :n CDMM. I 1060740 I 11: • lll1lry Nile C6llil " ~ IIIWIGE coum . l . 0 04 MrDrlldllbl~ l signature ~ .. \4~ _ J~~-ueuL94L 0~ ~--------------~ This area for Official Notarial Seal ----------OPTIONAL---------· Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER D INDIVIDUAL D CORPORATE OFFICER TITLE(S) D PARTNER(S} D LIMITED D GENERAL D ATIORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: _________ _ SIGNER IS REPRESENTING: NAME OF PEASON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 10·081 Rev. 6/9-1 ALL-PURPOSE ACKNOWLEDGEMENT CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA s. s . COUNTY OF San Bernardino On 3 -tf-96 , before me, Frances Lefler, Notary Public , personally appeared Kelly A. Saitman X personally known to me; or proved to me on the basis of satisfactory evidence to be the person(~) whose name(~) is~exs ubscribed to the within instrument and acknowledged to me that (~/she/~ executed the same in ~/her/~~ authorized capacity(~t' and that the entity upon behalf of which the person~) acted , executed the instrument. WITNESS my hand and official seal. (SEAL) Signature of Not Publ~c ~······························· z e FRANCES LEFLER ~ s _ COMM. #1058976 p ,. 110TARY PuUUC CALIFORNIA pS 1 SAN BERN~ROINO COUNTY My Comm Exp. May 14, !999l =••••••••••o••••••••••••••••••• ************************************************************* CAPACITY CLAIMED BY SIGNER: Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document . _____ Individual(s) _____ Corporate Officer(s) Titles _____ Partner(s) -=~ ___ Attorney-in-Fact _____ Trustee(s) _____ Guardian/Conservator _____ Other: Signer is representing: Limited a nd and General *********************************************************** ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document . Title of type of document: Bond Number of pages : Date of document: Signer(s) o ther than named above : ~n~o~n~e~--------------------- THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE. IU. S/18DII36 J ··EXECUTED IN TRIPLICATE Bond No. 4158~5S PREMIUM INCLUDED IN PERFORMANCE BONO SUBDMSION LABOR AND MATERIAL BOND (GOVERNMENT CODE, SECTION 66499.2) WHEREAS, the City Council of the City of San Juan Capistra!'lo, State of California, and S.J. HILLS, A CALIFORNIA LIMITED PARTNERSHIP (hereinafter desig'lated as "Principal"), have e'ltered i'ltO a Subdi·1ision Agreemen~ whereby Principal agrees to i'lstall and complete certain desig'lated improvements which said Agreement, dated 19__, and identified as Project TRACT 13865 LANDSCAPING is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreeme!'lt to fur'lish a bond for the faithful performance of said agreement; NOW, THEREFORE, we, the Prhcipal a'ld ------------- DEVELOPERS INSURANCE COMPANY as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the pe'lal sum of SIXTY FIVE THOUSAND AND N0/100*** Dollars ($ 65,000.00*** ) lawful money of the U'lited States, for the payment of which sum well and truly to be made, we bi"ld ourselves, our heirs, successors, executors a'ld admhistrators, joi'ltly a'ld se•terally, firmly by these presents. The co'ldition of this obligatio, is such that, if the a~ove bound ?rhcipal, his or its heirs, executors, admi'listrators, successors or assig'ls, shall t'l all thi,gs sta"ld to a"ld abide ~y a'ld well a'ld truly kee;> a"'d perform the c~·te'lants, CO'ldi tio'ls a"'d pro·1isiO'lS i"l the said agreeme"lt a,d a"ly alteratio'l thereof made as therel"l pro•tided, o'l his or their part, to be kept a'ld performed at the time a,d h the man"'er therei'l specified, a"ld h aU respects according :o their true i"'tent a'ld meani'lg, arld shall indemrtify a'ld sa·te harmless the City, i:s officers, agents and employees as therei1 sti;>ulated, the'l this obligatio'l shall ~ecome "lull a.'\d ·toid; otherwise it shall ':le a'ld remah h full force a'ld ef!ect. As part ~! the obligatio'l secured hereby and i'l additio'l to the face amou"'t specified there! or, there shall be i"lcluded costs at'ld reaso"lable expe'lses a'ld fees 1 of 2 The Surety hereby stipulates and agrees that 10 change, e xte1sio1 of :ime, al t ~ratio'l or addition to the terms of the agreement or to the work to be performd thereu'lder or the specificatio"ls accompa'1yi"lg the same shall ira any wise a!!ec 1 :> obligatio"ls 0'1 t!'lis borad, and it does hereby wai·te raotice of a"ly.such cha'1ge, ex:e1sio1 o ~ time, alterat io'l or additio'1 to the terms of the agreeme'1t or to the work or to t~e specifi ca tio"ls. 1:-.l ~'IT:-JESS WHEREOF, three (J) ide'1tical couraterparts of this i1st:um e1:, each of which shall f or all purposes be deemed a~ origi'lal thereof, have ~ee"l dul" executed by the Pr incipal a'1d Surety herei'1 raamed on the 8TH ca ·• of MARCH 19~ the name and corporate seal of each corpora te pan • bei"lg hereto affixed a'1d these prese'1ts duly sig'1ed by its uradersig"led re?rese'l tati·tes pursua'lt to authority of its gover'1 i'1g body. NOTE: P lease Attach Acknowledgement a"ld Power of A ttor"ley S.J. HILLS , A CAL IFORNIA LIMITED PARTNERSHI? PRINCIP AL DEVELOPERS INSURANCE COMPANY SURfTY r :\W;.J KELLY A. ~A I ~~~ ATTOR NEY-I N-FACT (NOTARIZATION AND SEAL) 2 of 2 STATEOFW~ }$ COJ];F f{)~ (}!lqr,·e.~ rre d-t~·Re On~~ JJ, , 9'q;-before me, PERSONALLY APPEARE; / l(e ~1"9 tJ. A~ I , personally known to me(~ proved to me..nn-Ule basis ef satisf~-·~-· ~ •. ;.-~~~-e) to be the person~ whose name~ is/a~ subscribed to the within instrument and acknowl- *ed to me that he/s~/tht; executed the same in his/ r/th{r authorized capaci y(i"', and that by his/~/ l@,.J!!!r\ their signature~ on the instrument the personJs', or the entity upon be alf of which the person~ acted, executed the instrument. l .~ Mr=~~-·~ WITNESS my hand and official seal. k:ZC:WIAAAW J Signarure~~ tlk~u"--P~ Tllis area for Officilll Notarilll Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT D INDIVIDUAL 0 CORPORATE OFFICER TITLE lSI TITLE OR TYPE OF DOCUMENT D PARTNER(S) D LIMITED D GENERAL D ATIORNEY-IN-FACT NUMBER OF PAGES D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSOH(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE .. 10-081 Rev. 6/94 ALL-PURPOSE ACKNOWLEDGEMENT CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA s. s. COUNTY OF San Bernardino On '3-f-9~ , before me, Frances Lefler, Notary Public , personally appeared Kelly A. Saitman X personally known to me; or proved to me on the basis of satisfactory evidence to be the person(~) whose name(~) is~ex subscribed to the within instrument and acknowledged to me that (~/she/~~ executed the same in ~/her/~~ authorized capacity(~~, and that the entity upon behalf of which the person~) acted, executed the instrument. WITNESS my hand and official seal . (SEAL) •••••••••••••••••••••••••••••••• ~ @) FRANCES LEFLER ~ . COMM. 111058976 s Sp -~:?, . NOTARY PUOLIC C.ALJrORNIA p · ' SAN BERNARDINO COUNTY I ! ·· · My Comm Exp. May 14, 1999 0 ••••••••••••••••••••••••••••••• Signature of No ry Publ1c ************************************************************* CAPACITY CLAIMED BY SIGNER: Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. ___________ Individual(s) ________ Corporate Officer(s) Titles ___________ Partner(s) -=x ______ Attorney-in-Fact ___________ Trustee(s) ______ Guardian/Conservator ______ Other : Signer is representing: Limited and and General *********************************************************** ATTENTION NOTARY : Although the information requested below is optional , it could prevent fraudulent attachment of this certificate to unauthorized document. Title of type of document : Bond Number of pages: Date of document: Signer(s) other than named above: ~n~o~n~e~--------------------- THIS CERTIFICATE .MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE. KA S/1896:16 POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY P.O BOX 19725. IRVINE. CA 92713 • (714) 263-3300 N~ 244996 NOTICE: 1. All power and authority herem grunted shalltn any event terminate on the 31st day of March, 1996. 2. This Power of Attorney is vo1d if allered or 11 any portion is erased. 3. This Power of Attorney is void unless the seal is readable. the text Is In brown ink. lho signatures are In blue Ink and this notice is In red rnk. 4. This Power of Attorney should nol be returned to tho Attorney(s)·ln·Fact. but should remain a permanent port of tho obligee's records. KNOW At.l MEN BY THESE PRESENTS. lhat, except as expressly hmlted. INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally. but not jointly hereby make. constitute and appomt ***Jay P. Freeman, Richard P. Crean, John M. Schack, Kelly A. Saitman, jointly or severally* the true and l~wlul Anorney(S)-In-Fact. to mako executa del1ver and ac~nowlodge for a no on behalf of each ol sa1d corporations us suret1es. bonds. unoertaklngs nnd contracts of suretyship tn an amount not exceedmg Two Million F1vo Hundred Thou~and Dollars ($2.500.000) 10 any stngle undertakmg: g1v1ng and granling unto said Attorney(5)·1n Fact lull power and nuthonty to do a no to perform every act necessary. requ1s1te or proper to be dono 1n connection therewtth as onch ol said corporations could do. but rusurv1ng to ench ol sa1d corporations tull power ot subslltut1on and rt1vocat1on; and all of the acts ol sa1d Attorney(s) -In-Fact pursuant to these presents. are hereby ratified and conllrmod The authority and powers conferred by this Power ot Attorney do not extend to any of the following bonds. undertakings or contracts of suretyship: Bank depository bonds. mortgage deficiency bonds. mortgage guarantee bonds, guarantees of Installment paper. note guarantee bonds, bonds on financiollnstltutions. lease bonds. Insurance company qualifying bonds. soil-Insurer's bonds, lldellty bonds or boll bonds This Power of Attorney IS granted and 1s signed by facsimile under and by authOrity of tho following resolutions adopted by tho respective Boards ol Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective AS Of Scptomber 24. 1986: RESOLVED. that the Cha11man of lhe Board. the Pte~ldent and any Vice Pre,ident ot the corporat•on be. and that each of them hereby IS, authonzed to execute Powers of Attorney. qualltymg the anorney(s) named in the Powers of Attorney to execute. on behalf of the corporation. bOnds. undertakings and contracts of suretyship: and thai the Secretary or any Assis- tant Secretary of the corporation be. and each of them hereby is. authonzed to attest the execution of any such Power of Attorney: RESOLVED. FURTHER that the s1gnatures of such ofl1cers may be affixed to any such Power of Attorney or to any cet11hcate relatmg thereto by tacsimtle. and any such Power of Attorney or cert111cate bearing such tacslm110 Signatures shall be vall<! and biOdtng upon tho corpora11on when so atflxed and In the future wttl' respect to any bond. undertaking or contract of ~urotysh1p 10 which 11 1s attached IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be slgM<Iby tholr respec live Presidents and attested by their respective Secretaries this 1st day of April, 1993 ATTEST By STATE OF CALIFORNIA) Walter Crowell Secretary ) ss COUNTY OF ORANGE ) :~VELOPERS ON~SURANCE COO~.t Vmcenli. Jr r res10ent ATTEST By Walter Crowell Secretary On July 15, 1994, before me, the undersigned. a Notary Public in and for said State. personally appeared Dante F. Vincenti, Jr. and Walter A. Crowell. per- sonally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as President and Secretary on behalf of lndemmty Company of California and as President and Secretary of Developers Insurance Company, the Corporations therein named, and acknowledged to me that the corporations executed it. WITNESS my hand and official seal. Signature ~ Notary Public CERTIFICATE OFFICIAL SEAL J. ALVARADO COMM. #1023169 NOTARY PUBUC · CAUFORNIA ORANGE COUNTY My CommissiOn Exp Nlr 17, 1998 The un<1ars1gned. as Sen1or V1ce Pres1dent of INDEMNITY COMPANY OF CALIFORNIA, and Sen1or Vtce Pres1dent ol DEVELOPERS INSURANCE COMPANY, does hereby cert1fy that the foregoing and attached Power ol Attorney remaons 1n lull force and has not been revoked: and furthermore. that the provts1ons of the resolutions of the respective Boards of D~rectors of said corporations set forth 1n the Power of Attorney are 1n force as or the date of this Cen1f1cate Th1s CertifiCate 1s executed 1n the City of lrv1ne. California this _.8'TH day of MIIRCH t9!6 INDEMNITY COMPANY OF CALIFORNIA By __ ~~~6rz 10-JtOREV t/"J5 L.C. Ffebiger Sen1or V1ce Pres1dent DEVELOPERS INSURANCE COMPANY By L C Fiebiger Sen1or Vice Pres1dent J EY:CU1;D.IN TRI PLICATE SUBDIVISION FAITHFUL PERFORMANCE BONO TRACT 1386 5 (GOVERNMENT CODE . 66499.1) BO ND NO : RE2616323 SAN JUAN CREEK TRAFFIC SIG~AL PREMIUM: $1.606.00 IS FOR A DUPLICATE ORIGINAL -BOND EFFECTIVE DATE MARCH 26 '2002 Tffi\1 OF Th() YEARS, RENEWABLE WHEREAS, the City Council of the City of San JuiW~k~~stra:1o, State o f Caliiornia, and S. J. HILLS A CALIFORNIA LIMITED PARTNERSHIP (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated -----------------------' and made a part hereof; and 19 ---~ WHEREAS, said Principal is required, under the terms of said Agreement, to I furnish a bond for the faithful performance of said Agreement; NOW , THEREFORE, we, the Principal and GJLF INSIJW.X:E aM>ANY as Surety, are held firmly bound unto the City of San Juan Capistrano (hereaf ter called "Obligee"), in the sum of THO HUNDRED THOUSAND EIGHT HUNDRED AND N0/100**** ( $200,800 . 00***) 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, joint! y and severally, firmly by these presents. :-.lOW, 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 ·1oid; otherwise it shall remain in f ull force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in t he 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. ' . 2. Said Surety, for value received, hereby stipulates and a grees tha t :10 change, extension of time, alteration, or modification of the contract documents or of the wor k to be perfor med ther eunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, vr modification of the contract documents or of work to be performed thereunder. -da y of FCBRUARY Executed this 5TH ------ ~!2003 .J at ___ .J.LOwNiwMu.II.).Q~...._ ___________ ____.., Cal if ornia. APPROVED AS TO FORM: CITY A TTORNE. Y Page 2 -Subdivision Performance Bond S.J . H!LLS, A CA LIFOR NIA LI MITED PARTNERSHIP PRINCIPAL KEL~A~S~I ~MAN ATTORNEY-IN-FACT (NOTARIZATION AND SEAL) AMER_l 0 «/ ~ } STATE OF CALIFORNIA }ss. COUNTY OF __ Or_an~g_e ____________ } On __ 0_2_/0_6_/_0_3 _____ . before me, ___ Gw_en_A_._E_ll_1_· o_t_t...:..,_N_o_t_ary-=-_Pub __ l_i_c ___ _ personally appeared ____ N_e_l_s_o_n_c_h_~_9 __________________ _ -------------------------~~~rsonal ly known to me _ (or proved to me on the basis of satisfactory evidence) to be the person~) whose name(s) is/pre subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/h~r/tlil'e ir authorized capacity(i~s), and that by his/~er/tt;eir sig nature(.s) on the instrument the person~) or the entity upon behalf of which the person(s') acted, executed the instrument. (This area for official notarial seal) Title of Document --------------------------------------------- Date of Document ____________ No. of Pages ___________ _ Other signatures not acknowledged ---------------------------------- 3008 (1·94) (General) First Amencan Tatle Insurance Company CALIFORN'I:A ALL-PURPOSE ACKNOWLEDGEMENT ' ... U U W:U:U U Li'U W U U U UUU:U D' Uti U ill U U:UIIi U Sli:Ulli Ulli U U UU U U' U W U D U Li U' U .U'W Lli U U c:n:rvU .... W'JiiW llllU :U W Wlli U· gJii.&llilllllli~ State of California ) County of San Bernardino i ~ ss. before me,Janet L. Miller Nota Public Name and Title or Officer (e.g., "Jane Doe. Notary Public'') i ~ Personally appeared Kelly A. Saitman Name(s) of Signer(s) x personally known to me 0 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), · ~ ~ . CommiSSion# 1311028 1~·\~~:·. JANET L MILLER ~ . -e " NotOty Public -Calitomla I 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. ; I " Son Bernardino County - My Comm. Expires~ a>. 2005 WITNESS my hand and official seal. ~d 1:a.a OPTIONAL Though the Information below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: __________ :-:---:---:-=----------------- DocumentDate: ________________ NumberofPages: _____________ ___ Signe~s)OtherThanNamedAbove: _________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________________________ _ 0 Individual 0 Corporate Officer Title __________________ _ 0 Partner --0 Limited 0 General x Attorney-in-Fact 0 Trustee 0 Guardian or Conservator Other: _____________ _ Signer is Representing: RT THUMBPRINT OF Sl GNER . -·- Top or thumb here ! ~ i ~ ~ ~ ~ i = I I ~~~---~~J J ~ EXEC.UTED IN TRIPLICATE ·DUPLICATE ORIGINAL -BOND EFFECTIVE DA.TE MARCH 26, ~~~No. B£2616323 --~~~-------- PREMIUM INCLUDED IN PERFORMANCE BOND SUBDIVISION LABOR AND MATERIAL BOND . (GOVERNMENT CODE, SECTION 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of Califomia; and S.J. HILLS, A CALIFORNIA LIMITED PARTNERSHIP {hereinafter designated as "Principal"), have e,tered into a Subdivision Agreement whereby Principal agrees to il'lstall and complete certain desig'"lated improvements which said Agreement, dated 19-J and identified as Project TRACT 13865/SAN JUAN CREEK TRAFFIC SIGNAL is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furraish a bond for the faithful performance of said agreement; NOW, THEREFORE, we, the Principal a'"ld __ GJ_LF_I;;..NSUWC~;..;;.;;E::..:;:~::..:..£,1Wf~:.~-__ _ as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the p~'"lal sum of TWO HUNDRED THOUSAND EIGHT HUNDRED AND N0/100***** Dollars {$200,800.00*** ) lawful money of the U11ited States, for the payment of which sum well and truly to be made, we bi'"ld ourselves, our heirs, successors, executors and admi'"listrators, joil'\tly a'"ld severally, firmly by these presents. The coradition of this obligatio'"l is such that, if the above bound Prhcipal, his or its heirs, executors, admi"listrators, successors or assigns, shall ir1 all things stand to and abide by and well and truly keep a11d perform the co·1enants, conditions and provisio'"ls i'"l the said agreement arad a"ly alteration thereof made as therein provided, on his or their part, to be kept a'ld performed at the time a'"ld i"l the manner therein specified, and h ali respects according to their true i'ltent a'ld meaning, and shall indemnify and save harmless the City, its officers, agents and employees as therei'"l stipulated, then this obligatio'l shall become null and void; otherwise it shall ~e and remai'"l i., full force and effect. As part of the obligatio, secured hereby and i., additio'l to the face amount specified therefor, there shall be iracluded costs al'\d reasonable expe'lses and fees 1 of 2 The Surety hereby stiP,ulates and agrees that 10 change, exte1sio'1 of time, alteratio"l or addition to the terms of the agreement or to the work to be performed thereu'"!der or the specificatio'1s accompanyi1g the same shall i"l any wise affect its obligatio'"IS on this bond, and it does hereby waive rtotice of a1y such cha!"lge, exte1St0'1 of time, alteratio1 or additio'1 to the terms of the agreeme'lt or to the work or to the specifications. I0J WITNESS WHEREOF, three (3) iderttical courtterparts of this ilstrume1t, each of which shall for all pur poses be deemed a0 origi'lal thereof, have bee'"! dul:-' executed by the Principal a'ld Surety herei'1 "'lamed on the 5TH day of FEBRUARY , XXI . 2003 the name and corporate seal of eacf\ corporate party bei"lg hereto affixed a'1d these prese'lts duly sig'1ed by its u11dersigned representatives pursua"lt to authority of its goverrting body. A1PWQVED AS TO F.ORt-.A. NOTE: Please Attach Acknowledgement a!1d Power of Attor'1ey S.J . HILLS, A CALIFORNIA LIMITED PARTNERSHIP PRINCIPAL f\thol'"\ {ht.,Lvl~ / (NOTARIZATIONrD SEAL) KELLY A. SAITMA ~TTORNEY-IN-FACT (NOTARIZATION AND SEAL) 2 of 2 AMER_/ 0 ~ ~ } STATE OF CALIFORNIA }ss. COUNTY OF __ o_ran--=g:-e ____________ } On __ 0_2/_0_6_/_0_3 _____ . before me, ___ Gwen __ A_._E_ll_1_· o_t_t-'-,_N_o_t_ary--=-_P_ub_l_i_c ___ _ personally appeared ____ N_e_l_s_o_n_~_·_~_9 __________________ _ ---------------------------J~ersonally known to me (or proved to me on the basis of satisfactory evidence) to be the person~) whose name($) is/eye subscribed to the within instrument and acknowledged to me that he/sWe/tWey executed the same in his/h.,er/tt,eir authorized capacity(i¥), and that by his/l).er/t,lteir signature($) on the instrument the person($) or the entity upon behalf of which the person(Z) acted, executed the instrument. WITNESS l and and offici~~ seal. Signature7 _, t/D-td.2~ -.... (Th1s area for off1cial no1a11al seal) Title of Document ----------------------------------- Date of Document No. of Pages ----------------------------- Other signatures not acknowledged------------------------------ 3008 11 •94) (Generall l=trsl Amen:an Tille Insurance Company CALIFORNTA ALL-PURPOSE ACKNOWLEDGEMENT State of California ) County of San Bernardino ss. before me,Janet L. Miller. Notary Public Name and T1Ue of Officer (e.g .. "Jane Doe, Notary Public") Personally appeared Kelly A. Saitman Name(s) of Slgner(s) x personally known to me 0 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. OPTIONAL Though the information below Is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ______________ --=----------------- Document Date: --------------Number of Pages: -------------- Signe~s) Other Than Named Above:~~~~~~~~~~~~~~~~~~~~~~~~- Capacity(ies) Claimed by Signer(s) Signer's Name: _____________ _ 0 Individual 0 Corporate Officer Title_~-------------- 0 Partner --0 Limited 0 General x Attorney-in-Fact 0 Trustee 0 Guardian or Conservator Other: ___________ ~ Signer is Representing: RT THUMBPRINT -OF SIGNER __ _ Top of thumb here i ~ ~ l .. GULF INSU.RANCE COMPANY ST. LOUIS, MISSOURI POWER OF ATIORNEY KNONN ALL MEN BY THESE PRESENTS: That Che Cu1r '--'cc Company, • C«ppnUon duly «sanlaod \U>d« 1M Lows or Che Succ or Millow-1, tv..tnc Its principal omce In Che dey or lrvtns. Teas. punuonc t.o lhe rouc-tns n:soluUon, adop«>d by Che Ftnanca & E.a.cuuw Committee or Che Boord or DI~OC"J or the: said Company on the: lOch dly or Aucust. 1993,10 wit: •RESOLVED, Chat Che Pr..sldent. EIOe'CUuw Vice Pr..s1c1cnt or any Senior Vice Ptaldent o( cho Company shall ._.. !he authority t.O mak.o:. c>ocCVCC and deU_. .a P-or Att.orncy consUtuUns u Au.orncy•ln·fact.. auch pc~. nrrns. or corporations as may be sclcc:cod rrom Umo t.o umo; and any IUCh Aaot"ncy•ln·Foct may be remcJIOOd and Che authority sranwd him -ked by the: P~aldcnt. or any l:..oecuu-'0 Vtce Pr..sldont, or any Santor VIce Praldont. or by lhc Boan:l or DiftCU>n or by U.... finance and E~C~~CUU~ Comm1a"" o( the Bo.an:t or D~nocton. RESOLVED, chat nochlns In chiS Power ot Attorney shall be construed as a gnnc o( aU1horlcy t.o &he auorncy(s)•ln•lact t.o slsn. c.....:vtc. ack.-lod!lc. dell_. or otherwise laue a policy or policies of Insurance on boN!( ot Culr lnsun.nca Compony." Culr lns~ranca Company does hereby mak.o:, constitute and appoint •. KELLY A. SAITMAN JAY P. FREEMAN of Ontario, in the State of California IU oru" al\d !.wtul auorncy(•)·in•(act, wllh full power al\d autl-icy hereby ccnfcrrec:l in IU" name. piKe and stud, to ••en. e•ccucc. ack,.uwlcdgc 1nc1 d~h..:r "' '" '"''~II • ., surety, any and •II bonds al\d undcnakinB' or surctyahip. and to bind Culf Jn..,.ance Company l.hcrcVy u fully and to the '"""' "'"""' as cr "")' llondl. unc:""'~""l' ana documenu rclaling to 1uch bond1 al\d/or ul\deuaklnB' were slsned by the duly authori&ed otriccr or lhe Cutrlnsur1nce Con.pany ond •• 1 the .,, a or w•d mo••~rhl••ll·l•ct. pvnuant to the •uthorlty heroin Bi....,n. are hereby rat IRed and connrmed. The obllsation or the Compony shall not CKCCed five million--------~----------------------($5. 000. 0 00 . 00----l do a .... IN WITNESS WHEREOF. the Culf Insurance Company has ausc:d thae presents to be signed by any officer of the Company and Its Corporate Se:l to be hereto affixed. ·STATE OF NEW YORK COUNTY OF NEW YORK } ss GULF INSURANCE COMPANY ~f-11~ Lawrence P. Minitcr Executive Vice President On lhls 25th day or JulY. , ZOOO A.D .. before me came Lawrence P. Miniter, known ,to me personally who bcin~ by me duly: sworn, did dej)ose and sa~ that he resides In the County or Bergen, State of New jersey: that he Is the Executive Vice President of tlte Culr lnsur.~nce Com~ny, the corpor.ttlon described In and whldt c:xec:uted the above Instrument: that he knows the seal or said corporntion: that the scJ.I affixed to the said Instruments Is such corporate seal: that It wu so alruced by order of the Board or Directors or said corporation and that he signed his' .. umo. ""'"'" by liko o<d«. () ~ C\. o.~tt- STATE 01? NEW YORK } SS COUNTY OF NEW YORK Not.:ary Public, State or New 'ltlrk No. 02JA~958GJ4 Qualilied In Kines County Comruission Expires Dccem11cr 30. ZOO I 1. the undersigned, Senior Vice President of the Culf Insurance Cont11any. a Missouri Corporation. DO HEREBY CEIITIF"l' th;jt the forc~oinu 3~~<1 attached POWER or-ATTORNEY remains in Cull force. ----- Sicncd and Sealed .it the City of New York, D:~.tcd the 5TH day or FEBR~ARY • 20 03 ~~~y g"~ .. ·~~~. Georg<: Bi:tnc:~.rtli St•nior Vice Prcsidt:nt 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493·1053 (FAX) ~ 16,1999 Mr. Nelson Chung Pacific Communities Builders, Inc. 1 000 Dove Street, Suite 240 Newport Beach, California 92660 MEMBERS OF TME CITY COUNCIL COlLENE CAMPBELL JOHN GREINER WYATIHART GIL JONES DAVID M. SWERDLIN CITY MANAGER GEORGE SCARBOROUGH Re: Completion of Public and Private Street Improvements and Monumentation and Release of Bonds-Tract 13865 Dear Mr. Chung: At their meeting of June 1, 1999, the City Council of the City of San Juan Capistrano adopted Resolution No. 99-6-1-1, accepting the work completed for the construction of the public and private street improvements and monumentation in Tract 13865. A copy of Resolution No. 99-6-1-1 is enclosed for your information. ~ The Bonds will be released upon the expiration of 35 days from recording of the Notice of Completion. The Notice was recorded on June 11, 1999; therefore, the bonds may be released on July 16, 1999. If you have any questions, please do not hesitate to call. Very truly yours, eh(.£, -.~_q;)_~-;J~ Cheryl Johnson ~ '-.. ~ City Clerk Enclosure cc: San Juan Hills HOA Director of Engineering and Building Sam Shoucair San Juan Capistrano: Preserving the Past to Enhance the Future ~ ~ /-·· ,. AGENDA ITEM June I, 1999 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering & Building SUBJECT: Resolution, Notice of Completion and Release of Bonds for Tract 13865 (San Juan Hills L.P. I Pacific Community Builders, Inc.). RECOMMENDATION Approve the Resolution to: 1. Accept the public street improvement as well as the work of improvement for the private streets, street monumentation within Tract 13865 and authorize the release of the corresponding bonds. 2. Authorize the City Clerk to file a Notice of Completion for the public and private improvements within Tract 13865 with the Orange County Recorder. SITUATION A. SummaO' and Recommendation San Juan Hills L.P ./Pacific Community Builders, Inc.(PCB) has requested the City to release the street and street monumentation bonds held by the City. These improvements have been recently inspected and satisfactorily completed. Staff recommends the release of the corresponding bond. There are two additional bonds held by the City for off-site improvement requirement, these bonds will remain in full force until the Developer's obligations are met. B. Background PCB, developer of 154 homes on approximately 51 acres of land subdivision in Tract 13865 (Also known as Glenfed, Planning Area C 1 ), has completed the improvement work as required by the Tract's Conditions of Approval and the Improvement Agreement. The Final Map, along with said Improvement Agreement were approved by the City in May, 1991. With the completion of the improvements as noted in the summary above, the bond release is recommended as follows: FORCITYCOUNCILAGE~ :J) 5 \ 1- , I j ' AGENDA ITEM June 1, 1999 Page2 SURETY COVERAGE (L)bvelopers Insurance Co.) Bond # 415854S .. Bond tf415804S Bond# 415805S I} . TYPEOF .......... AMOUNT IMPROVEMENT •.. TO .. BE RELEASED Public Street $146,625.00 Private Streets $104,506.00 Monumentation $21,000.00 The City is also in possession of two additional bonds related to off-site improvement obligations for the traffic signal and minor intersection widening at Vaile Road and San Juan Creek and also for the traffic signal and relocation of the existing 1-5 ramps at La Novia AvenueNalle Road/I-S freeway ramps. These bonds shall remain in full force until the Developer's obligations are met. Said obligations may be met by either constructing the required improvements in accordance with an existing Reimbursement Agreement, or by contributing a monetary amount for the Developer's fair share participation, based on the City's pro-rata fair share participation program, if these off-site improvements are secured to be constructed by other developers. COMMISSION/BOARD REVIEW. RECOMMENDATIONS None FINANCIAL CONSIDERATIONS None NOTIFICATION Nelson Chung, Pacific Community Builders Inc. Jack Allen, Rinevol & Company. (For San Juan Hills Homeowners Association) ALTERNATE ACTIONS 1. Adopt the Resolution. 2. Do not adopt the Resolution. 3. Refer to Staff for additional information. '. AGENDA ITEM June I, 1999 Page 3 RECOMMENDATION Approve the Resolution to: 1. Accept the public street improvement as well as the work of im provement for the private streets, street monumentation within Tract 13865 and authorize the release of the corresponding bonds. 2. Authorize the City Clerk to file a Notice of Completion fo r the public and private improvements within Tract 13865 with the Orange County Recorder. Respectfully submitted, Prepared By: ~~~!!~ Director ofEngineering & Building WMHISS:ss Attachment: 1. Resolution 2. Notice of Completion 3. Location Map c:\agcndns\lr 13865 f.ss ( RESOLUTION NO. 99-6-1-1 COMPLETION OF IMPROVEMENTS AND RELEASE OF BONDS- TRACT 13865 (SAN .JUAN HILLS L.P.l 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 WORK WITHIN TRACT 13865 (SAN JUAN HILLS L.P.) 600.30 · WHEREAS, on the 16th day of June, 1991, the City of San Juan Capistrano entered into an Improvement Agreement with the Lusk Company for the construction of certain public and private improvements within Tract 13865; and, WHEREAS, at their meeting of June 5, 1995, the City Council approved the transfer of Assignment Agreement and Bond substitution from the Lusk Company to Glendale Federal Bank; and, WHEREAS, at their meeting of April2, 1996, the City Council approved the transfer of Assignment Agreement and Bond substitution from Glendale Federal Bank to San Juan Hills, L.P.; and, WHEREAS, SanJuan Hills, L. P. has requested that the City determine that the street improvement work and the street monumentations within Tract 13865 are complete and the corresponding sureties be rdeased accordingly. These sureties are as follows: Suret:t Coverage Amount to (Developers Insurance Co.) T:t12e of Im12rovement be Released Bond No. 4158548 Public Street $145,625.00 Bond No. 4158048 Private Streets $104,506.00 Bond No. 4158058 Monumentation $21,000.00 NOW, THEREFORE, BE IT RESOLVED, by the City Council ofthe City ofSan Juan Capistrano as follows: SECTION t. That the works of street improvement and monumentation required to be performed by said Developer has been completed. SECTION 2. That the completed work is hereby approved. SECTION 3. That the sureties described above may be released 35 days after recordation of the Notice of Completion. -I- SECTION 4. That the City Clerk is directed to forthwith forward a "Notice of Completion" to the County Recorder of the County of Orange for recording. PASSED, APPROVED, AND ADOPTED thjs 1st day of __ J_u_n_e _____ , 1999. JO ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL .JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 99-6-1-1 ndopted by the City Council oft he City of San Juan Capistrano, California, at a regular meeting thereof held on the 1st day of June , 1999, by the following vote: AYES: NOES: ABSTAIN: ABSENT: (SEAL) Council ~!embers Jones, Swc rd 1 in, Hart, Camp be 11 and Mayor Greiner ~one :-.:one None CfffiRYL JO ON ITY CLERK -2- .. . ' STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, DO HEREBY CERTIFY, under penalty of perjury, that the foregoing Notice of Completion is true and correct, and that said Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Clerk. Dated at San Juan Capistrano this ____ day of ______ , 1999. Cheryl Johnson, City Clerk City of San Juan Capistrano 4. APP ROVAL ~ )LANS AND SPECIFICATIONS AND AUTHORIZATION TO -->~ 5. RECEIVE BIDS-C TREET REPA IRS 1999 CIP NOS. 104 AND 119 (600.30) As set lt)rth in the Report dated June I, 1999, fron c:J2.._ngineering and Building Director, the plans and specifications were appro\'cd and staff w~ horized to call for bids lor patching. asphalt concrete overlay and slurry seal or a number ot · : treets. RESOLUTION , NOTI CE OF COMPLETION. AND RELEASE OF BONDS. TRACT I 3865 (SAN JUAN I lfLLS L.P./PAC IFIC COMMUNITY BUILDERS. INC.) (600.30) As set forth in the Report dated June I, 1999, from the Director of Engineering and Building, the foll owing Resolution was adopted accepting the public and private street improve ments and street monumentation in Tract 13865: RESOLUTION NO. 99-6-1-1 , COMPLETION OF IMPROVEMENTS Al'\10 RELEASE OF 130NDS -TRACT 13865 (SAN JUAN HILLS L.P.) -A RESOLUTION OF Tl IE CITY COUNC IL OF THE CITY OF SAN JUAN CA PISTRANO. CALIFORNIA, DECLt\RING WORK TO BE COMPLETED AS TO PLANS AND SPECIFI CATIONS FOR THE CONSTRUCTION OF IMPROVEMENTS WORK WITHIN TRACT 13865 (SAN JUAN I II LLS L.P.) The Resolution accepted the street improvements and monumentation as complete and directed the City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized to release the followin g bond s provided by Developers Insurance Company 35 days after recordation or the Notice or Completion: Bond No. 415854S 415804S 415805S Tvpe Publi c Street Improvements Private Street Improvements Monumentntion Amount $146,625 $104,506 $ 21.000 OF RESOL UT ION 1\UTIIORI ZING DESTRUCTION OF RECORDS /\s set l'orth in theRe :} dated .June I. 1999. from the City Clerk, the following Resolution was adopted authorizing the t . · tction of...J I boxes of records in accordance with the City's adopted retention schedule: RESOLUTION NO. 99-6-1-2 DESTR N OF RECORDS -A RESOLUTION OF THE CITY COUNCIL OF TI Y OF SAN JUAN CA PISTRANO, CALIFORNIA. AUTIIORIZING TilED CTION OF CERTAIN RECORDS City Council Minutes -3-611199 San Juan Capisrrano: Preser11ing the Past ro Enhance rh e Future CONTRACT BOND-CALIFORNIA EXECUTED IN TRIPLICATE FAITHFUL PERFORMANCE-PUBLIC YORK RELEASED INJTIA Bond ~o. 415805S lni tial premium charged for this bono .s $ 378 .00 subject to adjust- em upon completion of contract at appli- cable rate on final contract price. Y THESE PRESENTS, that S. J. HILLS, -----------------------A CALIFORNIA LIMITED PARTNERSHIP of 1036 S. SERRANO AVE ANAHEIM, CA 92807 as Principal, and the DEVELOPERS INSURANCE COMPANY a corporation organized and existing under the laws of _C_A_L_IF_O.;...R_N...;;I_A ______________ _ and authorized to transact surety business in the State of California, as Surety, are held and fi rmly bound un to the C ity of San Juan Capistrano, in the sum of ---------- TWENTY ONE THOUSAND**** Dollars ($ 21,000.00*** ), fo r the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, that WHEREAS, the above-bounded Principal has entered into a Contract dated ________ _ 19 with the City of San Juan Capistrano to do and perform the following work, to wit: . -. Subdivision·Monument' for TRACT 13865 --~~~~~-------------~------- NOW, THEREFORE, ii the above-bounded Principal shaH 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 14TH day of FEBRUARY 19 96 ------------------------------------ . -\PPROVED AS TO FORM: /judJJJJ City Attorney S.J. HILLS, A CAtLFORNIA LIMITED PARTNERSH IP Principal ITS GENERAL PARTNER PACIFIC CX>MMUNI TIES BUilDERS, INC • ~OTE: .-\cknowledgements of execution of Principal and Surety must ~e attached. CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA s .s. COUNTY OF San Bernardino , before me, Frances Lefler, Notary Public , personally appeared ______ K~e~l~l~y~A~·~S~a~l~·t~m~a~n~-------------------------------' X personally known to me; or proved to me on the basis of satisfactory evidence to be the person(~) whose name(~) is~exsubscribed to the within instrument and acknowledged to me that (~/she/~~ executed the same in ~/her/~~ authorized capacity(~t, and that the entity upon behalf of which the person~) acted, executed the instrument. WITNESS my hand and official seal. (SEAL) ... 'bOOOCO'bOOOtiOOOOOOOOOOOOOi\000000 Z e·-·· · FRANCES LEFLER • S ·~,. COMM. #1058976 Z P !, · NOTARY PUBliC-CAliFORNIA S I ,j SAN BERNARDINO COUNTY P • My Comm. Exp M 14 19 I •••• •••••••o••• · ay , 99 0 ······••oo······ ************************************************************* CAPACITY CLA.IMED BY SIGNER: Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. ___ Individual(s) ___ Corporate Officer(s) Titles ___ Partner(s) -=x~_Attorney-in-Fact ___ Trustee(s) ______ Guardian/Conservator ___ Other: Signer is representing: Limited and and General *********************************************************** ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document . Title of type of document : Bond Number of pages : Date of document: Signer(s) other than named above : ~n~o~n~e~--------------------- THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE . KAS/109636 ~OTICE POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY P 0. BOX 19725, IRVINE. CA 92713 • (714) 263-3300 All powor nnd authoflty r>oroJn urur 'od shRI: r 1ny eve~! tlll'nmnto o" the 3 • st day o• Marcn. 1996 2. Tr1s Power of A!!orncy JS vo1d 11 altered o• 1! any port1on os erased N~ 244983 3 Tnos Po,.,er or Attorney IS vo1d unless I he se.11 IS rcndoble. the text Is If' brown mk, I he signatures are '" blue lnl< and thiS notice 1s 1n red mk 4. Trls Po,.,or or Attorney Ghould not bo roturned to the Attorney(sl lr ·t bul .tJould rema1n a oermom nt p\11 oltn<> obllg record KNOW ALL MEN BY THESE PRESENTS. IMI. ,.c,.pt 1 expressly l1m1ted INDEMNITY COMPANY OF CALIFORNIA nnd DEVELOPERS INSURANCE COMPANY, do each severally. but noiJoontly hereby malo con l1tut( .tnd IPPOint ***Jay P . Freeman, Richard P . Crean, John M. Schack, Ke l l y A. Saitman, join t ly or severally* the true ond la,.,1ul AttorneyiSI·'n.Fact. :o rnnkc exccuto dA' vcr and acknoy, edge. ror and on behall or each or sa•d corpornt•ons as s..oretres. bonds. undertakings ond contrncts of suretyShip on on amount not excf'edmg Two M1lhon F vo liu~dred Thousand Dollars ($?.500.000) rn any songle undetlakong. g1vong and granting unto sa•d Attorney(SI ln·Fact lull power and autronty to do and to pertorm ft'cry net noccssary, requrs1t0 or proper to be done rn connec!lon therewoth as each of saod corporations could do. but roservJr\Q to each or seod corporntoons lull power of subSt1tUt10n and ruvoc11tron and ell ol tre acts ot "181d Attornoy(s)·ln-Fact. pursuant to these pres 1nts are hereby rallfled nnd confirmed The authonty and powers conferred by thiS Power ol Attorney do not extend to any olthe following bonds. undertakongs or contracts ol suretyship: Bank depository bonds. mortgage dol1clency bonds. mortgage guarantee bonds. guarantees ol Installment paper. note guarantee bonds. bonds on flnnnconllnstltutlons.toase bonds. Insurance company quallfyong bonds. ~~~~~ Insurer's bonds. lodellty bonds or bell bonds. This Power ol Attorney Is grnntod ond 1s r.Jgnod by Inc lmolo under and by nuthOIIIY ol lhn lollowong resolutions adopted by tho rospcctrvo Board~ ol Directors or INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, t>flectovo ns ol September 24. 1986· RESOLVED. that the Chairman otthu Boord the Pre ,Jdent and any Voce President or tho corporatoon be. and that each ol them hereby Is. authorized to execute Powers ol Attorney. qualifying the anorney(SI named on the Powurs ol Attorney to execute, on behall of the corporation. bonds, under'.al<ongs and contracts of suretyship. and that the Secretary or any Assos- tant Secretary ol the corporatoon be, and each of them hereby os authorozed to attest the executton or any such Power of Attorney· RESOLVED. FURTHER. that the sognaturcs ol such officers may be allixcd to any sucn Power ol Attorney or to any certoltcatc relating thereto by lacsomno. and any such Power ol Attorney or certtllcato bearong such lacslmdl1 sognnturcs shall bo valid and binding upon tho corporation when so allixod and In tho luturo wllh respect to any bond, undertaking or contract of suretyship to whoch It Is attached IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY havo severally caused these presents to bo signed by their respec tivo Presidents and nnested by their respective Socrotarlos this 1st day ol April. 1993 ATTEST By STATE OF CALIFORNIA I Walter Crowell Secretary I SS. COUN~Y OF ORANGE I ATTEST By ____ _ Walter Crowell Secretary On July 15, 1994 before me, the undersigned a Notary Public m and for sa1d State, personally appeared Dante F. Vincenti. Jr. and Walter A. Crowell. per· sonally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as President and Secretary on behall of Indemnity Company of California and as President and Secretary of Developers Insurance Company, the Corporations therein named. and acknowledged to me that the corporations executed ft. WITNESS my hand and official seal. Signature Kakib Notary Public CERTIFICATE @ OFFICIAL SEAL J. ALVARADO COMM.1#1023169 NOTARY PUBLIC • CAUFORNIA ORANGE COUNTY My Commlssloo Exp Apr 17. 1998 The undersigned. as Senior Vice Prosodont ol INDEMNITY COMPANY OF CALIFORNIA, and Semor Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the loregotng and attached Power ol Attorney remams in luU Ioree and has not been revoked; and furthermore. that the provisions or the resolutions of the rospecuve Boards of Directors of safd corporations sot lorth 1n the Power or Att1,'4'frfre in Ioree as ~~B~lf'A~ ~is Certificate. 6 This Cortlllcate Is executed in tho City ollrvino. Cohlornla, this day ol • 199 INDEMNITY COMPANY OF CALIFORNIA By____:..,__~~~ 10·310 REV 1195 L.C. Fiebiger Senior Vtce President DEVELOPERS INSURANCE COMPANY By-----'--~--_CZ:"--!::~'-:--:-/-6rz.L:-_ L.C. Fiebiger Senior Voce Presldenl I BONO NO: EX~CUTEcr IN TRIPLICATE PREMIUM : 415BS4S $2 ,639.00 SUBDIVISION FAITHFUL PERFORMANCE BOND TRACT 13865 STREET WORK FOR VIA ENTRADA (GOVERNMENT CODE. 66499.1) WHEREAS, the Cit y Counci l of the City of San Juan Capis tra:'lo, State .J: Califor nia, and S.J. HILLS A CALIFORNIA LIMIT ED PARTNERSH IP (here alcer designated as "Principal"), have entered into a Subdivision Agreement wherc~;. Principal agrees :o install and complete certain designated public improvements, whtc~ s~d Agreement da ted --------------------------------------------~ and made a part hereof; and 19 ___ __, WHEREAS , said Principal is required, under the terms of said .-\greer:1en:, :o furnish a bond for the faithful performance of s~d Agreement; NO']!, THE REFORE, we, the Princi;:Jal and ----------------------------DEVELOPERS INSURANCE COMPMIY as Surety, are held fir:-nly !::lound unto the City of San Juan Capistrano (hereaf cer called "Obligee"), in the sum .:~ ONE HUNDRED FORTY SIX THOUSAND SIX HUNDRED TWENTY FIVE & N0/100*** j tf~l7~~S .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 ~y these presents. ~OW, THEREFORE, the condition of this obligation is such tha: if Pnnc:?al shall promptly and ~aithfully p e rform s~d improvements, the n the obligation shall ~e nul~ and ·toid; otherwise i t shall remain in full force and ef~ecr. Surety wai·t es any r:gh:s, .: there !::le any, t.:> re~uire chat a demand be made first against c:-:e Principal i ~ :he e ·,en t o : default. BE II FURTHER RESOLVED: 1. As a pan of the obl igation secured hereby, and in adci::on :.:> •~e ~.J ce .1mount specif:ed, :here shall be induced c.:>sts and re.lsonaule expenses and ~ees, ,nc!uC1n5 reasonable attorney's fees, incurred by City in successf~l ly enforcing such o;:,llga:t.)n, .l!. :o be taxed as costs and induced in any judgme nt rendered. RELEASED DATE -=r ft fa /qq ·. 2. Said Surety, for value received, hereby stipulates and agree~ that ."\o change, extension of time, alteration, or modification of the contract documents or of t~e work to be performed thereunder, shall in any way a.! feet i t3 obligations or trus bond, an(; it does hereby waive notice of any such change, extension of time, a1 ter.ltion, J: modification of the contract documents or of work to be performed thereunder. Executed this 8TH day of MARCH ------------------------~ L 9 96 , at ____ --I.JOI.UN...~..Tc.<ARIJo....I...IIO._ _________________ --J, Cal if orni a... APPROVED AS TO FORM: CliY ATT ORN EY P3ge 2 -Subdi·1ision Performance Bond S.J. HI LLS, A CALIFORNIA LIMIT ED PARTNERSH IP PRINCIPAL DEJELOPERS I SU~ETY URANCE COMPANY KELLY ,A. (_A TMAN ATIORNEY-IN-F'ACT (NOTA RIZ ION AND SEAL) ·. STATEOF Ciuh ~t.LA. } COUNTY OF ;()) ,/ Ll \--(__.) SS. On d2J ~ f / 'J fA , before me, J.l.( p l: N VJ{a_r ,' ~ f't' if- PERSONALLY APPEAR(o If£ ~1 (' A ?t n 4 personally known to me (~r. proved to me-oR-tile-basis of satisfactory evidence) to be the person<r whose name{7,Y is/~ subscribed to the within instrument and acknowl- edged to me that he/s¥1¥Y executed the same in his/ hj(r/thefr authorized capacity~s), and that by his/h~/ their slgnatureepj' on the instrUment the person~, or the entity upon behalf of which the person~ acted, executed the instrument. WITNESS my hand and official seal. Signatu~_. ~ I This area for Official Notarial Seal ----------OPTIONAL---------· Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER D INDIVIDUAL D CORPORATE OFFICER TITLE(S) D PARTNER(S) D LIMITED D GENERAL D ATIORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: _________ _ SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 10-081 Rev. 6/94 ALL-PURPOSE ACKNOWLEDGEMENT CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA s .s . COUNTY OF San Bernardino On 3 --f -9£ , before me, Frances Lefler , Notary Public , personally appeared Kelly A. Saitman X personally known to me; or proved to me on the basis of satisfactory e vidence to be person(S:) whose name()S) is,6aJ!~xsubscribed to the within instrument acknowledged to me that (~~/she/~~ e xecuted the same ~/her/~~ authorized capacity(~~' and that the entity behalf of which the person~) acted, executed the instrume nt. WITNESS my hand and official seal. (SEAL) ~······························· Z ~ FRANCES LEFLER ~ S .. COMM. #1058976 7: P \.t. NOTARY PUDLIC CAlifORNIA S I 9AN BERNARDINO COUNTY J> :.. M~ Comm, E•~· Ma~ 14, 109!11 ················· .......... : Signature of Nota Publ~c ************************************************************* CAPACITY CLAIMED BY SIGNER: the and in upon Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document . _____ Individual(s) _____ Corporate Officer(s) Titles _____ Partner(s) ~x~ __ Attorney-in-Fact ___ Trustee(s) ___ Guardian/Conservator ___ Other: Signer is representing: Limited and and General *********************************************************** ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized d ocument . Title of type of document : Bond Number of pages : Date of documen t: Signer(s) other than named above : ~n~o~n~e~--------------------- THIS CERTIFICATE MOST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE. KAS/11!96:18 .. J ·EXECUTED IN TRIPLICATE Bond No. 41585~S ----~---------- PREMIUM INCLUDED IN PERFORMANCE BONO SUBOMStON LABOR AND MATERIAL BOND (GOVERNMENT CODE, SECTION 66499.2) WHEREAS, the City Council of the City of San Juan Capistra~o, State o! California, and S.J. HILLS, A CALIFORNIA LIMITED PARTNERSHIP (hereinafter desig"\ated as "Principal"), have e'ltered i'lto a Subdi·1ision Agreement whereby Principal agrees to i"\stall and complete certain desig'lated improvements which said Agreement, dated 19__, and identified as Project TRACT 13865 STREET WORK FOR VIA ENTRADA is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreeme!'lt to fur'lish a bond for the faithful performance of said agreement; NOW, THEREFORE, we, the Pri!1dpal a'ld -------------- DEVELOPERS INSURANCE COMPANY as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereina!ter called "City" in the pe'lal sum of ·oNE HUNDRED FORTY SIX THOUSAND SIX HUNDRED TWENTY FIVE & N0/100*** Dollars ($ 146,625 .00*** ) lawful money of the United States, for the payment of which sum well and truly to be made, we bi'1d ourselves, our heirs, successors, executors a'ld admi'1istrators, joi,t1y a'1d se'lerally, firmly by these prese~ts. The cof'ldition of this obligatio, is such that, if the abo•1e bound Pri'ldpal, his or its heirs, executors, admi'listrators, successors or assig'ls, shall i'l all things st.a'ld to a'1d abide oy a'1d well a"\d truly keep a"'d perform the c;)·le"'ants, Co"\ditio'ls a'ld pro·tisio'ls i'1 the said agreeme'1t a"ld a"'y al:eratio'1 thereof made as therei'l pro·1ided, Of'l his or their part, to be kept a'1d performed at the time a"'d i'1 the man'ler therei"l specified, a'1d h all respects accordi,g :o their true i"lte'lt a"ld meani'lg, a"'d shall if'ldem!"'ify a"\d sa•1e harmless the City, its officers, agents and employees as therei"l stipulated, the'l this obligatio'l shall become "'Ull a'1d ·toid; otherwise it shalt ':le a'ld remah i"'l full force a'ld effect. As part ~f the obli6atio'l secured hereby a~d i"' additio'1 to the face amou'lt specified therefor, there shall be i"'cluded costs af'ld reaso"'able expe'1ses a'1d fees 1 of 2 •, The Surety hereby stipulates and agrees that 10 change, exte1sio1 of ~ime, alteratio1 or addition to the terms of the agreem ent or to the work to be performed thereu1der or the speci!icatior'ls accompa"lyi1g the same shall i'1 a:1y wise a ff ::c: 1:s obligatio1s O"l t~is bo"ld , and it does hereby wain "lotice of a1y such cha"lge, exte'1si o1 ol time, alt::ratio1 or additio"l to the terms of the a greeme'lt or to the work or to t!ie speci fica t io'ls. I ~ '*'IT:-JESS WHEREOF, three (J) ide 'ltical counterparts of this i'ls::-um n:, eac:-t of which shall for all purposes be deemed a0 origi"lal thereof, have ~e e"l culv executed by the Principal a'ld Surety herei"l "lamed on the 8TH car of MARCH 1 9~ the name and corporate seal o f eac h co rpora::: ;:>an ~· bei'1g hereto affixed a'ld these prese"ltS duly sig'led by its U"ldersi g'1e d re?rese'lt:.::,es pursua'"lt to authori ty of its gover"li"lg body. NOTE: P lease A ::ach Ack'"lowle dgemer'lt a'"ld Power of A ttor'le y S.J . HILLS, A CALI FORN IA LIMIT ED PART~E R S HI? PRINCIPAL DEVE LOPERS INSURANCE COMPANY S RETY \.~ KELLY A. SAIT~tl ATTORNEY -IN-FACT (NOTARIZATION AND SEAL) 2 of 2 ·. personally known to me (~r...J;!roved to me on the basis of satisfactory evideac::e)-to be the person~ whose nameV1 is/-Je subscribed to the within instrument and acknowl- edged to me that he/sl)e/the(executed the same in his/ Mr/th~ authorized capacity(i~, and that by his/~/ their signaturecsi' on the instrument the person¥-or the entity upon behill of which the person(~ acted, executed the instrument. WITNESS my hand and official seal. Signature~~ '--P~ L----~-~~_is_ar:_ea_f_or_o_lffi_icr_·at_N_o_ta_ria_l_se_al __ -l ----------OPTIONAL---------· Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER D INDIVIDUAL D CORPORATE OFFICER TITLE(S) D PARTNER(S) D LIMITED D GENERAL 0 AITORNEY·IN·FACT 0 TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: __________ _ SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTlTY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID·081 Rev. 6/94 ALL-PURPOSE ACKNOWLEDGEMENT CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA s . s . COUNTY OF San Bernardino On 3 -?-9~ , before me, Frances Lefler, Notary Public , personally appeared Kelly A. Saitman X personally known to me; or proved to me on the basis of satisfactory evidence to be person(~) whose name(~) is~~xsubscribed to the within instrument acknowledged to me that (~/she/~~ executed the same ~/her/~~ authorized capacity(~t' and that the entity behalf of which the person~) acted, executed the instrument. WITNESS my hand and official seal . (SEAL) Signature of Notjry Public ~·•••••••••••••••o•••••••~•••••• z e FRANCES LEFLER 1 s COMM. #1058976 Z p NOTARY PUBLIC-CALIFORNIA PS 1 SAN BERNARDINO COUNTY • My Cornm. Exp May 14. 1999l •••••••••••• ••••••••••••••••••• ************************************************************* CAPACITY CLAIMED BY SIGNER: the and in upon Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. _____ Individual(s) _____ Corporate Officer(s) Titles _____ Partner(s) ~X--~Attorney-in-Fact _____ Trustee(s) _____ Guardian/Conservator _____ Other: Signer is representing: Limited and and General *********************************************************** ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document. Title of type of document : Bond Number of pages : Date of document: Signer(s) other than named above: ~n~o~n~e~--------------------- THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE. KA S/1 aee3CI POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY P 0 BOX 19725, IRVINE. CA 92713 • (714) 263-3300 N~ 244997 NOTICE All power and autnor•ty reroln g•anted snail n any event termonate on the 3161 day o! Marcn. 1996 2 This Power of Attorney s vOid If altoreo or of any portion is erased 3. This Power of Attorney Is void unless the sealos readable. the text Ism brown onk, the signatures are n blue ink nnd this notice os on red Ink. 4 This Power of Attorney should not bo returned to the Attorney(s)-tn. Fuct but should rcmaon n pMmnnent port of thn obligee's records KNOW ALL MEN BY THESE PRESENTS. tnnt oxccpt ns expressly lomoted. INDEMNITY COMPANY OF CALIFORNIA nna DEVELOPERS INSURANCE COMPANY, do each IV' r lily but IIOtiOirllt IE reb~ r ~~ <' COl lrlu 11 II 0101 ***Jay P. Freeman, Richard P. Crean, John M. Schack, Ke lly A. Saitman, jointly or severally* tho true and r,v.1ul Attorrey(sf-ln-Foc• to I'Tln~o. nxoeuw dclovcr a 1d acknowtPdgc. fo• and on be"~if of each of sooa corporot.on• os st.oreloes. bonds. undertakongs and contracts of suretyship "' no amount not exceodong Two Milhon FovA Hundred Thousand Oolhus (S2.500.0001 on 11ny songlo undortn~lng, Qlvong and gronlong unto satd Attorney(s)·ln-Fnct full powN nnd outhoroty to do nnd to perlorm cvory nct noccs5ary requos•te or proper to bl! done on connection therewith ns ooch of 'laid corporatoons could do, but reserving to oach of saod corpomtoons full power of substotutlon and revocntoon: and olll of the acts of ~~od Attorney(S)-tn-Fact. pursuant to the•.c prosontL. tHO hereby ratified and conformed The authoroty and powers conferred lly thiS Power of Attorney do not extend to any of the following bonds. undertakings or contract~ of suretyship: Bonk depository bonds, mortgnga c:lnlfclency bonds, mortgage guarantee bonds. guarantees of Installment paper, note quornntoe bonds, bonds on finonciallnstltutlons, loose bonds, Insurance company quollfylng bond5, soli Insurer's bonds. ftdelily bonds or boil bonds. This Power ol A!lornoy 1s granted and 1s 31gnnd by facsimllo under and by aulhoroty of tho folfowlnq resolution• 1doptod by thO rospoctlvo Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, elfeCIIvo as of SAptembllr 24, t986 RESOLVED that tht• Chalrmnn of the Bovd. !hi: Pres•d~>nt and any Voce President of the corporauon be and that onch of thllm hereby IS. authorized to execute Powers of Attorney. qualofyong the ottorney(s) named on the Powers of Auorney to execute. on behall of the corporauon. bonds. undertakings ond contracts of suretyship; end that the Secretary or any Assos- tant Secret~ry of the corporatoon be. and each of them hereby IS. authorized to anestthe executoon of any such Power of Attorney. RESOLVED. FURTHER. that the signatures ot ~uch olfocers may be affixed to any suet-Power of Auorney or to any certohcate relating thereto by facsim,te. ond any such Power of Attorney or certollcate bc.1rong o;uch facsomllc s1gnotures shall De valod and bondong upon the corporatoon when so oft1xed and on tho futuro woth respect to any bond, undertokong or contract ol surntyshop to which otis oJIIached IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY h.lYC suvurally caused tnese presents to be Signed by the or respcc· tove Presidents nnd s!lested by theor re, pcctove Secretaries thos 1st day of Aprol, t993 ATTEST By STATE OF CALIFORNIA ) Waller Crowell Secretary ) 55 COUNTY OF ORANGE ) By Wallar Crowell Socrolory On July 15. 1994. before me. the undersigned. a Notary Public in and for said State, personally appeared Dante F Vincenti. Jr. and Walter A. Crowell, per· sonally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the wt thin instrument as President and Secretary on behalf of lndemn1ty Company of California and as Pros1dent and Secretary ol Developers Insurance Company. tho Corporations !herein named. and acknowledged to me that the corporations executed it. WITNESS my hand and oHicial seal. Signature ((~ Notary Public CERTIFICATE OFFICIAL SEAL J. ALVARADO COMM. #1023169 NOTARY PUBLIC· CALIFORNIA ORANGE COUNTY My CommossiOo Exp Apr 17. 1998 T.,e underSigned. as Seruor Voce Prestdent of INDEMNITY COMPANY OF CALIFORNIA, and Scnoor Voce President ot DEVELOPERS INSURANCE COMPANY, does hereby cert1ty that the loregoong and attached Po.,.,cr ol Attorney rema,ns n lui lo•ce and has not been revoked: and h.orthermore that the pro"soons of the resotutoons of the respectove Boards ot Oorectors of saod corporatoons setfortt> on the Po.,er ol Attorney are ·n force as of the date of thos Certohcetc Thos Cort,hcate •! ~xccuted on thr Coty ol lrvone Cnhlornoa th·s 8TH ddy ol ~Qi t99 6 INDEMNITY COMPANY OF CALIFORNIA By ~~0 10·3tOREV 1195 L.C. Fiebiger Senoor Voce Prostdflnl DEVELOPERS INSURANCE COMPANY By __ L C. Fiebiger Senior Voru Prosodcnt .r BOND NO : 415804S EXECUTED IN TRIPLICATE ·· PREMIUM: $1,881 .00 SUBDIVISION FAITHFUL PERFORMANCE BOND TRACT 13865 (GOVERNMENT CODE . 66499.1) PRIVATE STREET IMPROVEMENTS WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and S. J . HILLS A CALIFORNIA LIMITED PARTNERSHIP (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated 19 ___ __, and made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, to ' furnish a bond for the faithful performance of said Agreement; NOW , THEREFORE, we, the Principal and --------------------------DEVELOPERS INSURANCE COMPANY , as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of ONE HUNDRED FOUR THOUSAND FIVE HUNDRED SIX AND N0/100**** ($104,506.00) 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. ~OW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perfor m said improvements, then the obligation shall be null and ·1oid; otherwise it shall remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. RELEASED DATE 7/ I (c; I qq 2. Said Surety, for value received, hereby stipulates and agrees that :10 change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shaH in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, ur modification of the contract documents or of work to be performed thereunder. Executed this 14TH ------day of FEBRUARY 19 96 , at __ -...~.OwNu.I.c.AI.li..R..IJTO~---------------J' Cal if ornia. APPROVED AS TO F ORM: WI~ CITY ATTORNEY ?age 2 -Subdivision Performance Bond S.J. HILLS, A CALIFORNIA LIMITED PARTNERSHIP PRINCIPAL ITS GENERAL PARTNER PACIFIC COMMUNITIES BUILDERS I INC. INSURANCE COMPANY I KELLY A. ~ITMAN ATTORNEY-IN-FACT (NOTARIZATION AND SEAL) AMER_/ STATE OF CALIFORNIA f) COUNTY OF C?! iJg e. 0 <1 } }ss. } <V onff h · )o/f!p , before me, JQ Sf.f-~· M _ ~~rie-£(( red , personally appeared lfe J~o Y\. l O .u.._ I ~~~~~~~~~~~~~~~~~~~~~~~~' personally known to me (e14J~-me-BA-tfle-basis ef-sattsfactor y evtdet=tee) to be the person{J1 whose name~ is/~ subscribed to the within instrument and acknowledged to me that he/s~/thj/ executed the same in his/h~r/th~r authorized capacity(iEf6}, and that by his/her/their signature~ on the instrum ent the person~ or the entity upon behalf of which the person~ acted, executed the instrument. WITNESS my hand and official seal. Signature~< {h @A_g_;--{J~ r~· .... ~ ~MARIEPAJIE.NT en . ·. COMM. I 10Bn740 )I> a: . e ~ HotiiY Public: Cllfonala ~ <( . , ORANGE COUIITY _. l ··.::....:~~/ (This area for official notarial seal) 3008 (1/94) (General) F1rst American Title Insurance Company CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF San Bernardino ) ) ) s.s. On .2--!Cf tl t , before me, Frances Lefler, Notary Public , personally appeared Kelly A. Saitman X personally known to me; or proved to me on the basis of satisfactory evidence to be the person(S:) whose name(>S) is~~xsubscribed to the within instrument and acknowledged to me that (~/she/~~ executed the same in ~/her/~~ authorized capacity(~~' and that the entity upon behalf of which the person~) acted, executed the instrument. WITNESS my hand and official seal. (SEAL) ~······························· Z 8. FRANCES LEFLER • S .,.. · COMM. 111058976 Z p ~.-NOTARY PUBLIC CALIFORNIA S I SAN BERNARDINO COUNTY P : .......... ~~~:: £xp. May 14, 1999 ~ ••••••••••••••• Signature of NotaVY Public ************************************************************* CAPACITY CLAIMED BY SIGNER: Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. _____ Individual(s) _____ Corporate Officer(s) Titles _____ Partner(s) ~A~'--_Attorney-in-Fact ____ Trustee(s) ______ Guardian/Conservator ____ Other: Signer is representing: Limited and and General *********************************************************** ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document . Title of type of document: Bond Number of pages: Date of document : Signer(s) other than named above: ~n~o~n~e~-------------------- THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE. KAS/189636 l. EXECUTED IN TRIPLICATE Bond No.415804S -------- PREMIUM INCLUDED IN PERFORMANCE BOND SUBDIVISION LABOR AND MATERIAL BOND . (GOVERNMENT CODE, SECTION 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of Californi~~ and S .J. HILLS, A CALIFORNIA LIMITED PARTNERSHIP (hereinafter designated as 11Priracipal"), have e'ltered into a Subdivision Agreement whereby Principal agrees to install and complete certain desig'lated improvements which said Agreement, dated 19----> and identified as Project TRACT 13865/PRIVATE STREET IMPROVEMENTS 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 arad ____________ _ DEVELOPERS INSURANCE COMPANY as Surety, are held and firmly bourad unto the City of San Juan Capistrano, hereinafter called 11Clty" in the p~raal sum of ONE HUNDRED FOUR THOUSAND FIVE HUNORED~SIX AND N0/100*** Dollars ($104, 506 • 00*** ) lawful money of the United States, for the payment of which sum well and truly to be made, we bhd ourselves, our heirs, successors, executors and admiraistrators, jointly arad severally, firmly by these presents. The condition of this obligatiora is such that, if the above bound Priracipal, his or its heirs, executors, admiraistrators, successors or assigns, shall i'l all things stand to and abide by arad well arad truly keep a'ld perform the co•1enants, conditions and provisioras ira the said agreement a'ld a'ly alteratio'l thereof made as therein provided, on his or their part, to be kept artd performed at the time arad irt the manraer therein specified, artd ira aU respects according to their true irttent arad meaning, and shall irtdemnify artd save harmless the City, its officers, agents and employees as thereh stipulated, then this obligatio'l shall become null and void; otherwise it shall !>e and remaira ira full force and effect. As part of the obligatio'l secured hereby and i'l additio'l to the face amourtt specified therefor, there shall be i11cluded costs artd reasonable expe'lses and fees 1 of 2 The Surety hereby stipulates and agrees that 10 change, exte1sio1 of time, alteratio"l or addition to the terms of the agreement or to the work to be performed thereu.,der or the specificatio'1s accompanyi'1g the same shall i'1 any wise affect its obligatio1s on this bol"ld, al"ld it does hereby waive l"lotice of a1y such change, exte1sio1 of time, alteratio1 or additio'1 to the terms of the agreeme'1t or to the work or to the spe ci fica tiol"ls. IN WITNESS WHEREOF, three (3) idel"ltical coul"lterparts of this hstrume"lt, each of which shall for all purposes be deemed a~ origi'1al thereof, have bee1 duly executed by the Principal a'1d Surety herei"l "lamed Ol"l the 14TH day of FEBRUARY , 19~ the name and corporate seal of each corporate party bei"lg hereto afiixed a'1d these prese1ts duly sig'1ed by its Ul"ldersigl"led represefltatives pursua1t to authority of its governi'1g body. NOTE: Please Attach Acknowledgemel"lt a'1d Power of A ttor'1ey S.J . HILLS, A CALIFORNIA LIMITED PARTNERSHIP PRINCIPAL ITS GENERAL PAR'INER PACIFIC cx::x-1MUNITIES BUilDERS, INC . DEVELOPERS INSURANCE COMPANY SUR r Y. , ~J L) i L f-A(\tL1 (NOTARIZATION AND SEAL) 2 of 2 AM E ~ l STATE OF CALIFORNIA {) COUNTY OF (\/Q:a YJd f 0 ·~ } }ss. } ~ On E?.1' I I Jqqk ' before me, Jo.s-eifL· Yt 'E. ('(\qr; e~rY' tlt ' personally appeared )( 'e Js.o h C }u.{ fl { ~~~~~~~~~~~~~~~~~~~~~~~~' personally known to me (Bf-~rev-ett to-rne-on-tt1e basis of--satisfacto1 y-evidenae) to be the person(,;0' whose name~) is/cy'e subscribed to the within instrument and acknowledged to me that he/st;e/th~ executed the same in his/t}€'r!tt4r authorized capacity(i~), and that by his/h/r/th~ signature(i) on the instrument the person(i or the entity upon behalf of which the personW acted, executed th e instrument. WITNESS my hand and official seal. Signalure ~~ -Pcw«J: f........ JOS£Pti1N~ ~. RI;ARENT 1 (i) . ~. COMM. # 1060740 :> a:: 6 . Notary Pulllic Cafifamla ?l <( . • ORANG£ COUNTY ·:::: ~~ ~ "'•••o••·• zu:::::a:::w:;a;a:;;><><.-. (This area for official notarial seal) Title of Document c$u.Jnt.~a(~-r_ ~ ~- Date of Document c)· if· tJ k No. of Pages -=-_ _,J.-.-,_ ______ _ Other signatures not acknowledged t<Se / /y A . ~ 4 q 3008 (1/94} (General} First American Title lnsllrance Company CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF San Bernardino ) ) ) s. s. On :2;/f/4/, , before me, Frances Lefler, Notary Public , personally appeared Kelly A. Saitman X personally known to me; or proved to me on the basis of satisfactory evidence to be the person(~) whose name(~) is~~Xsub scribed to the within instrument and acknowledged to me that (~/she/~~ executed the same in ~/her/~~ authorized capacity(~t' and that the entity upon behalf of which the person~) acted, executed the instrument. WITNESS my hand and official seal. (SEAL) ·············-·······~·······-·· ~ @ FRANCES LEFLER ~ . COMM. #11058976 s Sp -.: •• • NOTARY PUBLIC·CALIFORNIA p I , SAN BERNARDINO COUNTY I 0 My Cornrn. Exp. May 14, 1999 0 ~ ~ ~~ ·········~······················ s:;;g~a~;; of ~ry~blic ************************************************************* CAPACITY CLAIMED BY SIGNER: Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. ________ Individual(s) ________ Corporate Officer(s) Titles ________ Partner(s) -=x ___ Attorney-in-Fact ________ Trustee(s) ________ Guardian/Conservator ____ Other: Signer is representing: Limited and and General *********************************************************** ATTENTION NOTARY : Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document . Title of type of document: Bond Number of pages: Date of document: Signer(s) other than named above: ~n~o~n~e~-------------------- THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE. KAS/189636 POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY P 0 BOX 19725.1RVINE. CA 92713 • (714) 263-3300 N2 244974 NOTICE All power O'ld n~'horoty ".ere grentecl sl'allon a~i e.ent terrt" rate on t'>e 31'' day <>I M.•ch 1996 2 .. hos Poy,er o• Atto•ney os void of a1•ered or rf any portiOn os erased 3 ThiS Power of Attorl"oy os vo1d l.l'lless the sealos readable the tcxl•, on brow., onk tre sognntu•es are on blue II'~ and t"•s nouce IS n red onl! 4 ~his Po .... er o• Attorrey should not be returned to the Atto•'leyls) • ~ • tut st>ould r!Jmnu rt nort part ' tl'lP ob g . • cords KNOW ALL MEN BY THFSE PRESENTS that excep: as express:y 'omoted INDEMNITY COMPANY OF CALIFORNIA end DEVELOPERS INSURANCE COMPANY, do onch severally but not ro ntly Mreby m.tl ' ~;on .totutc nd appoont ***Jay P . Freeman, Ri chard P. Crean, John M. Schack, Kelly A. Saitman , jointl y or severally* the true and lowtul Attornuy(s) ln·Fnct. to make, execute, deliver and acknowledge, lor and on bohul! of cnch of sntd corporations as sureUes. bonds, undertakings nnd contrncts ot suretyship on M nmount not uxcuudlng Two Million Five Hundred Thousand Oollnrs ($2.500,000) In nny slnglo undertaking: giving and granting unto said Attornoy(s) In Fnct lull power and authority to do ond to pnrlorm every act necessary, requlsote or proper to bo dono In connoctlon thuruwlth ns each ol sold corporations could do. but rosorvlnnto each ol said corporations lull powor ol ~ubstotution and revocation: and all of the acts of said Attomt•y(sHn-ract, pursuant to these presents, are hereby ratified and conllrmod. The authonty and powers conlorrod by this Power of Attorney do not extend to any ol the following bonds. undertakings or contracts ol suretyship: Bank depo~ltory bonds. mortgage dolicoency bonds. mortgage guarantee bonds. guornntoos ol lnstnllmont paper. note guarantee bonds. bonds on tlnancmllnstltuUons.loaso bonds. Insurance com pony quololying bonds, sell-Insurer's bonds. fidelity bonds or bail bonds This Power ol Attorney Is qrnnt11d and is slgnod by facsomote under and by authority ol tho following ro .otutoons adopted by the respectove Boards or Directors ol INDEMNITY COMPANY OF CALIFORNIA ~nd DEVELOPERS INSURANCE COMPANY, ellectwe as ol Soptl!mbor 2·1. 1986 RESOLVED. thAt the (;h.Urman ol the Board the Presodent and any Voce Presodent ol tl'lo corporauon be. and that each ol !hem hereby IS. authonzed to execute Powers ol Attorney. qualifying the attorney(sl nnmed 1n the Powers ol Attorney to execute. on ~hall ol the corporatoon. bonds. undertakings and contracts of suretyshop: and that the Secretary or any Assos- tant Secretary of the corporatoon be. and cac~ of them hereby IS. author zed to attest the executoon or any such Power of Attorney· RESOLVED. FURTHER. that the signatures ol such olfocers may be a !foxed to any such Power of Attorney or to any certolocate relating thereto by lacslmlle. and any such Power ol At1orney or certollcllte bearong such lacsomolc sognatures shall be valod and bondong upon the corporation when so afhxed and in the future with respect to any bond. undertaking or contract of surotyshop to whiCh tt os nttachcd IN WITNESS WHEREOF,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents tO be sogned by theor respec- tive Presidents and nilE' ted by theor respf!Ctovc Secretaries this 1st day of Apr• 1'193 ATTEST By STATE OF CALIFORNIA) Wolter Crowell Secretary ) ss. COUNTY OF ORANGE ) :~VELOPEOSON~SURANCE coo~ .. P, Vincenti, Jr. f resident ATTEST By N~-Walter Crowell Secretary On July 15, 1994. before me, the undersigned, a Notary Public in and for said State, personally appeared Dante F. Vincenti, Jr. and Walter A. Crowell. per· sonally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as President and Secretary on behalf of lndemnrty Company of California and as President and Secretary of Developers Insurance Company the Corporations therein named. and acknowledged to me that the corpora11ons executed it WITNESS my hand and official seal Signature r1 Notary Public CERTIFICATE OFFICIAL SEAL J. ALVARADO COMM. #1023169 NOTARY PUBUC • CAUFORNIA ORANGE COUNTY My Commosslon Exp. Apr 17 1998 The undersigned. as Senior VIce President of INDEMNITY COMPANY OF CALIFORNIA, and Sunlor Vtce President ol DEVELOPERS INSURANCE COMPANY, docs hereby certify that tho tor~o1ng and attached Power of Attorney remains on lull force and has not been revoked. and furthermore. that the provisions of the resolutions ol the respective Boards of Directors of sold corporations set forth In the Power of Attorney. are in Ioree as or tho date ol this Certificate This Cortllfcnto Is 11xocuted In th11 City ol lrvone Catolornla. th•s 14TH _day ol FEBRUARY ---· 199_6_ INDEMNITY COMPANY OF CALIFORNIA By __ ~~~~- ID·3tOREV 1/95 L C Fiebiger Senior Voce PreSident DEVELOPERS INSURANCE COMPANY By_ ~cz: ~cScz L.C. Fiebiger Senior VIce President February 5, 2001 CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 RE: Bond Number: 814386S Principal Name: S J HILLS Dear Obligee: RECEIVED fea IZ 3 27 PH '01 CITY ClERK O£f't,flTHENT Cll: CF SAN JUAn ::'.\PISTRM1.1 Tt3f6b .1.. r..·lJJ;:c v~-=n<'.( 11 r A,.7 r I I If"' '-..I 0freef MAIN/, You have recently received a letter regarding the merger of Developers Insurance Company (DICO) into Developers Surety and Indemnity Company (DSI). The merger was effective December 29,2000, at which time all active DICO bonds, including yours, referenced above, were automatically transferred into the name ofDSI. Please accept this letter and the attached Merger Endorsement as an additional legal notice of the merger. As approved within the merger agreement, please use the attached Merger Endorsement as the official notice for the transfer of bonded liability from DICO to DSI for all of the listed active bonds. 1ft/lis letter and endorsement are not sufficiellt vehicles of notification of tile merger, please contact our Service Department at 800-782-1546 to request further information. Thank you for your cooperation during our merger process. Sincerely, David H. Rhodes Executive Vice President Chief Underwriting Officer Insco Insurance Services. Inc. • CA lie. 0403172 17780 Fitch • Suite 200 •Irvine, CA 92614 • (800) 782-1546 • (949) 263-3300 • Fax(949) 252-1955 • hun:J/www.InscoDico.com Underwriting Manager ror: Developers Surety and Indemnity Company • Indemnity Company orCaliromia .. .. • MERGER ENDORSEMENT In accordance with a he merger of Developers Insurance Company with and into Developers Surety and Indemnity Company. effective the 29lh day of December, 2000. your insurance company is now Developers Surety and Indemnity Company (the "Company"). The address of the Company's administrative office is: 17780 Fitch, Ste. 200 Irvine, California 92614 No terms, conditions or benefits of your bond have changed. All servicing of your bond wi11 be done by the Company or its affiliated representatives. Please keep this endorsement with your bond. If you have any questions, you may write the Company at the above address. Secretary ;; . . . February 5, 2001 CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 RE: Bond Number: 415807S Principal Name: S J HILLS A CALIFORNIA Dear Obligee: RECEIVED Fea IZ 3 27 PH '01 CITY C!EKK DEP •\IU MfNT C!fY a~: SIIN JUAH CM'iSTilANO You have recently received a letter regarding the merger of Developers Insurance Company (DICO) into Developers Surety and Indemnity Company (DSI). The merger was effective December 29, 2000, at which time all active DICO bonds, including yours, referenced above, were automatically transferred into the name ofDSI. Please accept this letter and the attached Merger Endorsement as an additional legal notice of the merger. As approved within the merger agreement, please use the attached Merger Endorsement as the official notice for the transfer of bonded liability from DICO to DSI for all of the listed active bonds. If this letter and e11dorsement are not sufficient vehicles of notification of the merger, please co11tact our Service Department at 800-781-1546 to request further information. Thank you for your cooperation during our merger process. Sincerely, David H. Rhodes Executive Vice President Chief Underwriting Officer lnsc:o lnsuranc:e Servlc:es, Inc:. • CA Lie. 0403172 17780 Fitch • Suite 200 •Irvine, CA 92614 • (800)782-1546 • (949) 263-3300 • Fax (949) 252-1955 • httn:llwww.lnscoDico.com Underwriting Manager for: Developers Surety and Indemnity Company • Indemnity Company of California MERGER ENDORSEMENT In accordance with the merger of Developers Insurance Company with and into Developers Surety and Indemnity Company, effective the 29th day of December, 2000, your insurance company is now Developers Surety and Indemnity Company (the "Company"). The address of the Company's administrative office is: 17780 Fitch, Ste. 200 Irvine, California 92614 No terms, conditions or benefits of your bond have changed. All servicing of your bond will be done by the Company or its affiliated representatives. Please keep this endorsement with your bond. If you have any questions, you may write the Company at the above address . . fl..,,~t1 IAJ 'M. b ~ -S~ec~r~e-ta~ry~--~~~~--------- ., l[G;][S~~~; 1nsc=~g .or. H7JO Atch,lrvlne, CA 92614 ~LF-" (~9f-F28'3-3300 FAX (949) 252-1955 SURETY bilHPANM IUBDIVISION STATUS INQUIRY ... ITY CLERr. OEPARTME'i,. CITY OF"' ·: CITY OF SAN JUAN CAPISTRANO JUAN CAP' -·i· 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 04-25-2001 DATE 415807S BOND NUMBER DEVELOPERS SURETY AND INDEMNITY COMPANY COMPANY SUBDIVIDER S J HILLS A CALIFORNIA LIMITED PARTNERSHIP Tract: 13865 DESCRIPTION Type of Work: TRAFFIC SIGNAL OF WORK Work to be Completed: Bond Amount: Effective Date: $ 108,000.00 $ 108,000.00 02-14-1996 Without prejudicing your rights or affecting our liability under our bond described above, we would appreciate such of the following Information asia now available. Very TrulyYours, 0 0100 KS 50344 The INSCO/DICO Group By: Service Department. Home Office C'. IIJA/~e{ Nv/1(4 o/ Cohf1/7Jtf/ul"' 1. IF THE BONDED IMPROVEMENTS HAVE BEEN COMPLETED, PLEASE STATE: o-fl..._ "'F1" 1 Approximate date of acceptance of work ----------------ATTACH copy of minutes, if possible. 2. IF THE BONDED IMPROVEMENTS ARE NOT COMPLETED, PLEASE STATE: Approximate uncompleted portion of work:$ --------and or --------%. Anticipated date of completion -------------- 3. Are you aware of any unpaid bills for labor or material, stop notices, or mechanics liens? (check) YES 0 NO 0 If yes, please give details. 4. Remarks I Comments: Signature 8~ An_ 5ja3jCJ I Date -( tD h ... ~ [fu {A· I. 'r C)rF,~I'J· Title/Dept. U.V=-'=7 1 L:f 'CA.../</ v ~~ Print Name <1=2trich.c.... S~J.o.. "Z.CV'"' Telephone No. __ q....;..V....;..'i_-_'1_'1....;;;.:5_-........;;&,....;..3.;;..... _()_9 __ . .EXECUTED IN TRIPL!CATE Bond No. 415802S PR EM! UM :_$,_2,_, ,.,96~2.--. nroo-r-----fJ01 ... !JL I J \I I d 1.J!l SUBDfVISION WARRANTY BOND (GOVERN.~\ENT CODE, Sectiofls 66499.7 a'1d 66499.9) \ . WHEREAS, the City Council of the City of San Juan Capistrano, State of California, afld S .J. HILLS, A CALIFORNIA LIMITED PARTNERSHIP (hereifla!ter d~sig'lated as "Principal"), have entered hto a Subdi·1ision Agreement . . . whereby Principal agrees to install a'1d complete certai'l desig'1ated improveme'1ts which said Agreeme'1t, dated 19 and ide1tified as Project artd, TRACT 13865 is hereby referred to and made a part hereof; STORM DRAI N I MPRO VEMENTS WHEREAS, said Pri'lcipal is required U'lder the terms of said agreement to fumish a bo'ld for the guara'ltee and warra'lty of the improveme'ltS required under said agreeme'1t; we, the Principal a'ld -------------NOW, THEREFORE, DEVELOPERS INSURANCE COMPANY as Surety, are held and firmly bou'ld U'lto the City of San Jua'l Capistrano, hereir"~after called "City", in the penal sum of ONE HUNDRED SIXTY FOUR THOUSAND FIVE HUNDRED THIRTY NINE*** Dollars ($ 164,539. 00*** ) lawful money of the U'lited States, for the payment of which sum well a'ld truly to be made, we birtd ourselves, our heirs, successors, executors and admi'1istrators, jointly and severally, firmly by these prese'1ts. The coflditior"l of this obligatio'l is such that if Pri'1cipa1 shall promptly a'ld faithfully perform such warranty afld guarafltees as specified i'1 said Agreemer"lt, then this obligation shall become 'lUll a!1d void; otherwise it shall be a'1d remain i'1 full for ce a'1d effect. Surety wai·1es any rights, if there be a .'ly, to require that a demand be made first agai'1st the Pri11cipal in the event of default. As a part of the obligatio., secured hereby a'1d i'1 additio'1 to the face amour"!t specified therefor, there shall be i'1cluded costs a '1d reasonable expenses ar"ld fees, ir"!cludi'1g reaso'1able attorney's fees, i'lcurred by City i'l successfully enforcing such obligatio'l, all to be taxed as costs a'1d i11cluded in any judgmeflt re1dered. I of 2 ,. The Surety here!;ly stipulates a'ld agrees that 'lO char'\ge, exte'lsio'l of time, al teratio'l or addi tio'l to thl! terms of the agreeme'lt or to the work to be ?erformed thereu11der or the specificatiO'lS accompa'lyi1g the same shall i'l a1y wise affect its obliga tio1s 011 this bo'1d, a'ld it does hereby wai·1e 'lot ice of a1y such cha'lge, exte1sio'1 of time, alteratio1 or additio'1 to the terms of the agreemer'\t or to the work or .t9 the speci fica tio'ls. IN WITNESS WHEREOF, three (3) ide'1tical cour'\ter'parts of this i1strume'lt, each of which shall for all purposes be deemed ar'\ origi'1al thereof, have bee'1 duly executed by the Pri'lcipal a 1d Surety herei'1 'lamed 011 the 14TH day of FEBRUARY , 19..2§_, the 'lame ar'\d corporate seal of each corporate party bei'1g hereto affixed a1d these preser'\ts duly sig'led by its undersig'1ed represer'\tatives pursua'1t to authority of its govemi11g body. NOTE: Please Attach Acknowledgement and Power of A ttor'1ey 2 of 2 S.J. HILLS, A CALIFORNIA LIMITED PARTNERSHI P PRINCIPAL BY ITS GENERAL PAR'INER PACIFIC COMMUNITIES BUilDERS, INC. INSURANCE COMPANY -KEL~Y A.l AlTMAN ATTORNEY -IN-FACT (NOTARIZATION AND SEAL) STATE OF CALIFORNIA D COUNTY OF _ f 4_/18 f } }ss. } On fi .h . ) 1; I '17?, before me, J D~~ L 1\ '(' /Yt4. r ; riMed personally appeared . ){f/~01'\ l L A £1 ;;;; ~~~~~~~~~~~~~~~~~~~~~~~~~~' personally known to me (o~ll-tl:le-basiS-Gf-satistactoJ¥-eviEieftee}-to be the person~ whose name¢) is/a;e' subscribed to the within instrument and acknowledged to me that he/~e/tl)eY executed the same in his/~r/thfr' authorized capacity(i~, and that by his/hjr/tl~ir signatur~) on the instrument the person ~ or the entity upon behalf of which the persorys) acted, executed the instrument. WITNESS my hand and official seal. Signature~ {h?LU_q 'J?~ ~=<>< ~ @·~··· JOSEPHINE MARIE PARENT 1 .:;) . . . ·. COMM. I 1060740 > a: 6 . Not.., Nlic ~ :.0 <( ' ORAHGE COUNTY .en ~==-=~- (Th1s area for offic•al notanal seat) Title of Document ~:!...:.....:::::....:.~~~~~~:......._::::.....::=--:..::::....::_::.::::..:~~___:::::::.:.....:........::::::::::::==:=-~~~ Date of Document ~~~~~~~-7~~- 0ther signatures not acknowledged -'--~'--l....!-+--'-'-~-=:..:::t-..J,.......L~~~---Pr-...l....!:::::L.l..!:1.....,L_~-=:LJ..._~ 3008 (1/94) (General) F1rs1 1\rncncan T1t1e Insurance Company CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA s.s. COUNTY OF San Bernardino On ..:/-~ ;c.!--t:/?:, , before me, Frances Lefler, Notary Public , personally appeared Kelly A. Saitman X personally known to me; or proved to me on the basis of satisfactory evidence to be the person(~) whose name(~) is~~x subscribed to the within instrument and acknowledged to me that (~/she/~~ executed the same in ~/her/~~ authorized capacity(~~, and that the entity upon behalf of which the person~) acted, executed the instrument. WI TNESS my hand and official seal. (SEAL) ~···$·~························: z @)-· FRANCES LEFLER z S . COMM. tll058976 p "f. NOTARY PUBLIC·CALIFORNIA Sp 1 " • SAN BERNARDINO COUNTY o · My Comm. Exp. May 14, 1999 ~ •••••••••••••••••••••••••••••••• Signature of Notary Publ~c ************************************************************* CAPACITY CLAIMED BY SIGNER: Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. _____ Individual(s) _____ Corporate Officer(s) Titles _____ Partner(s) ~x~ __ Attorney-in-Fact _____ Trustee(s) ______ Guardian/Conservator _____ Other: Signer is representing: Limited and and General *********************************************************** ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document . Title of type of document: Bond Number of pages : Date of document : Signer(s) other than named above : ~n~o~n~e~--------------------- THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE. I(A s /189638 POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY P 0 BOX 19725. IRVINE. CA 92713 • (714) 263-3300 NQ 244979 NOTCE. All po,..er and outhonty hero•, granted s'lallln ory o•ont terminate or-tl'lll 31s• dny of March 1996. 2 This Power of Ancrney IS vo•d • altered or 11 ar>y portoon IS erased 3 Th•s Power or Anorney 1s vo1d unless tf'e sl'aiiS randRble. the text sIn brown mk, the s•gnatures are In blue 1nk and lh1s nollce •s'" red 1nk .1 ThiS Power of Attorney should not be roturnod 10 1110 Allorney(SI ·fn ,, .t but houl1l ramam a perrr ncnt t'IHI >I I hi' obhge<'·~ record KNOW Al.L MEN BY THESE PRESENTS. that. except IS expressly hmtted INDEMNITY COMPANY OF CALIFORNIA nnd DEVELOPERS INSURANCE COMPANY, dO each sovorolly but not jomlly, hereby make. constitute and appoint ***Jay P. Freeman, Richard P. Crean, John M. Schack, Kelly A. Saitman, jointly or severally* thu true and rawtul Anorney(s)· 'I·Fact. :o make. execute oehver and ackno,...tedgo. tor ond on behalf or each or sa1d corporatiOns as sure!·eS. bonds. undertakings and contracts or surorys111p n ar> amount not exceeding Two M1lhon F vo Hundred Tnousar>d DOII!Ir~ t$? 500 000) 1n any s1ngle under to~ mg. govong and grant,ng unto sa1d Attorney(s)-ln-Foct lull power nnd nuthoroty to do and to perform nvory oct necessary •cquos,te or proper to be dOnf! 1n connec!lon therewotn ns each or SOld corporat1ons could do. but resorv1ng to each or sa•d corporotoons full power of subst•tut,on and revocat on and 311 or the acts ol saod Attom •y(S)·In-Fact. pursuant to these pro~.ents are hereby ra!lfled and conflfmed The authonty and powers conferred by this Power or Attorney do not extend to any of the lollowmg bonds. undertakmgs or contracts of surelyshlp Bonk depository bonds, mortgage deficiency bonds. mortgage guarantee bonds. gunrontees of Installment paper. note gunrontoe bonds. bonds on financial Institutions. loose bonds. lnsurnnce company quolltylng bonds. soli-Insurer's bonds. fidelity bonds or bnll bond!l. This Power or Attorney Is granted and Is signed by racslmli<' under and by authonty of thO following resolutions adopted by the rospectlvo Boards or Directors ol INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, eflecllvu 111 ol September 24. 1986 RESOLVED. thatlho Chaorman or the Board the Pre~•dent and any V1ce President ol tho corporeuon be. and that each or them hereby is. authonzed to execute Powers ol Attorney. qual1fy ng tho attorney(s) named 1n the Powers of Attorney to execute. on beha'~ or the corporatoon. bonds. undertakongs and contracts ol sureryshop; and that the Secretary or any Assos- tant Secretary ol the corporation be. and eact-of them hereby os. authorozed to attest the executoon ol any such Power of Attorne~ RESOLVED. FURTHER. that the signatures ol such oflocors may be affoxed to any such Power ol Allorney or to any cert1locato relatong thereto by locslmllo. and any such Power ol Anorncy or certof1cate bearing such lacsom,lo s1gnaturos shnll bo vahd and bondong upon tho corpora!lon when so afhxod nnd on the future woth respect to any bond. undertaking or controct ol 'luretyshlp to which 11 Is onuchod IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respoc live Presidents and attested by their rospectlvo Secretaries this tst day ol April, 1993 INDEMNITY COMPANY OF CALIFORNIA -o;, , q,~ .. ~, Presodent By ATTEST By STATE OF CALIFORNIA) Walter Crowell Secretary ) ss. COUNTY OF ORANGE I ATTEST By ___ _ A/dPU W111tor Crowell Secretary On July 15, 1994. before me, the undersigned, a Notary Public in and for said State, personally appeared Dante F. Vincenti, Jr. and Walter A. Crowell, per- sonally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed lhe within instrument as President and Secretary on behalf of Indemnity Company of Cal1forma and as Prestdent and Secretary of Developers Insurance Company, lho Corporations therein named. and acknowledged to me that the corporations executed it WITNESS my hand and oHicial seal. Signature ~--Notary Public CERTIFICATE OFFICIAL SEAL J. ALVARADO COMM. #1023169 NOTARY PUBLIC · CAUFORNIA ORANGE COUNTY My Commission Exp. Apr 17, 1998 The undersl{lned, as Sen1or Voce Pres•dent ol INDEMNITY COMPANY OF CALIFORNIA, and Senoor V1ce Prosoden! ol DEVELOPERS INSURANCE COMPANY, does hereby cen1ty that the foregoing and attached Power ol Anorney remams'" fuU force and ha~ not been revoked: and lunhermore. that the provostons of the resolutions ol the respec11ve Boards ol Directors of said corpora!lons set ronh 1n the Power ol Attorney. are on Ioree I! or tho date of this Cenoficate Thi8 Certificate Is executed In tho C1ty ol lrvone. Colllornon. thls 14TH day of FEI3RUAilY____ . t99 6 __ INDEMNITY COMPANY OF CALIFORNIA By ~~~0 103tOREV 1195 L C. Fiebiger Sen1or Vice Pres•dont DEVELOPERS INSURANCE COMPANY l C FiOb1ger Senior V1ce President E~ECUTED IN TRIPLICATE Bond No. 415802S PREMIUM:...,$M2"""~, 9~6"'"2 • ....,0~~"~"0 ---- SUBDIVISION WARRANTY BOND (GOVERNMENT CODE, Sectio'ls 66499.7 a'ld 66499.9) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, a'ld S .J. HILLS, A CALIFORNIA LIMITED PARTNERSHIP , (he-rei'lafter desig'lated as "Pri'lcipal"), have entered i'lto a Subdi·1ision Agreement --. whereby -Principal agr~es to i'lstall a~d complete certai'l desig'lated improveme'ltS which said Agreeme~t, dated 19 and ide'ltified as Project TRACT 13865 is hereby referred to a'ld made a part hereof; STORM DRAIN IMPROVEMENTS at'ld, WHEREAS, said Pri11cipal is required U'lder the terms of said agreement to fumish a bo'ld for the guara'ltee a11d warra'lty of the improveme'lts required Ullder said agreeme~t; NOW, THEREFORE, we, the Principal a'ld ----------- DEVELOPERS INSURANCE COMPANY as Surety, are held and firmly bou'ld U'lto the City of San Jua!'l Capistrano, hereill~fter called "City", in the penal sum of ONE HUNDRED SIXTY FOUR THOUSAND FIVE HUNDRED THIRTY NINE*** Dollars ($ 164,539.00***) lawful money of the U'lited States, for the payment of which sum well a'ld truly to be made, we bi11d ourselves, our heirs, s~ccessors, executors and admi'listrators, jointly a11d severally, firmly by these prese'lts. The col"'ditiol'l of this obligatio'l is such that if Pri11cipal shall promptly a'ld fai'thfully perform such warra11ty a'ld guara'ltees as specified i'l said Agreeme11t, the'l this obligatio, shall become 'lUll and void; otherwise it shall be a'ld remain i'l full force and effect. Surety waives any rights, if there be a!'ly, to require that a demand be made . first agai'lst the Pri'lcipal in the event of default. As a part of the obltgatio'l secured hereby a,d i'l additio'l to the face amou'lt specified therefor, there shall be i11cluded costs a'ld reasonable expenses a11d fees, i11cludi'lg reaso'lable attorraey's fees, i'lcurred by City i'l successfully enforcing such obligatio'l, all to be taxed as costs al'ld i'lcluded in any judgme11t re'ldered. l of 2 The Surety hereby stipulates a'ld agrees that '10 change, exte'lsio'l of time, alteration or addi tio'l to th-! terms of the agreement or to the work to be ;>erform ed thereu,der or the specificatio'ls accompa'lyi'lg the same shall i'l a'ly wise affect its obligatio'ls 0'1 this bo'ld, a'ld it does hereby waive 'lotice of a'ly such cha'lge, exte1sio'1 of time, al teratio1 or addi tio1 to the terms of the agreement or to the work or _t9 the spe<:;ifica tions. I01 WITNESS WHEREOF, three (J) identical counterparts of this i'lstrume1t, each of which shall for all purposes be deemed an origi'lal thereof, have bee'l duly executed by the Principal a1d Surety herei'l named on the 14TH day of FEBRUARY , 19~ the name and corporate seal of eac[l corporate party bei'lg hereto affixed a1d these presents duly signed by its undersig'led representatives pursua'lt to authority of its governing body. NOTE: Please Attach Acknowledgeme'lt and Power of A ttor'ley 2 of 2 S.J. HILLS, A CALIFORNIA LIMITED PARTNER SHIP PRINCIPAL BY ITS GENERAL PAR'INER PACIFIC CXM--1UNITIES BUILDERS, INC. ~~-~ ~ I KELLY AW ArTMAN ATTORNEY-IN-FACT (NOTARIZATION AND SEAL) STATE OF CALIFORNIA flo COUNTY OF 1.>-t:q ~'e } }ss. } onf£ 1. 1'/ /5'7k . before Te· Ja.s. Ef i ,' "-~ rYl1r, e"@. red- personally appeared U o ~~~~~~~~~~~~~~~~~~~~~~~~~· personally known to me (er provea-t:o-mfHln the basis of satisfact~ to be the person}S) whose namefS} is/~ subscribed to the within instrument and acknowledged to me that he/s_t>9/t~ executed the same in hislh¢r;t~r authorized capacity(iJ'}, and that by his/~r/t~;irr signaturey-? on the instrument the person ~ or the entity upon behalf of which the persony1 acted, executed the instrument. WITNESS my hand and official seal. (Th1s area for off1ctal notarial seal) Title of Document ~~~~~IL...!.~f...Lt:~__;:...~!l.L..l~L..!:::!~q__:_..:::::.:.~....:::r....~~~~~~~ Date of Document --~-=~~~~~~~~ Other signatures not acknowledged ~~=f~...L......:.~~--L.....:~~--~-+u_...:..!..!:J~~~::.u-....:...J......:....:.~....:;_: 3008 (t/94) (General) Ftrst Amencan Ttlle Insurance Company CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF San Bernardino ) ) ) s. s. On d "l t/-c1? , before me , Frances Lefler, Notarv Public , personally appeared Kelly A. Saitman X personally known to me; or proved to me on the basis of satisfactory evidence to be the person(~) whose name(~) is~exsubscribed to the within instrument and acknowledged to me that (~/she/~~ executed the same in ~/her/~~ authorized capacity(~t r and that the entity upon behalf of which the person~) acted, executed the instrument. WITNESS my hand and official seal. (SEAL) ~-~·························-··: s . COMM. #1058976 s p -~-NOTARY PUBLIC CALIFORNIA p z ~ FRANCES LEFLER z I ..,., SAN BERNARDINO COUNTY I ~ A 11 A/J 1 , _ j ~(! I , • My Comm. Exp. Moy 14, 1999 • ~~ ~/~(1~ ~ ····························~··· Signature of Notar Publlc ************************************************************* CAPACITY CLAIMED BY SIGNER: Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. _____ Individual(s) _____ Corporate Officer(s) Titles _____ Partner(s) -=x ___ Attorney-in-Fact ____ Trustee(s) ______ Guardian/Conservator ____ Other: Signer is representing : Limited and and General *********************************************************** ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document. Title of type of document : Bond Number of pages: Date of document: Signer ( s) other than named above: !..!n~o~n!,!:e:::..__ ____________ _ THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE. KA S/189638 POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY P 0 BOX 19725. IRVINE. CA 92713 • (714) 263·3300 N~ 24 4 97 8 NOTICE ' All power ondauthototy l)ere r grt'ltod ~t>allon Bfl)' c.e~t torrr rate on t"o 31st day of March, 1996 2 Thos Power of Attorney os vood 1f altered or of any ponoon ts erased. 3 This Power ol Attorney IS vood unless the sealos m.1<1ablc. the text •s m brown ink. the signatures arc on bluo Ink and thos not1ce is tn red ink. 4 This Power or Attorney ~hould not be roturnqd to tht' Altorrwy(s)·ln Fnct but should remain pcrmunont port ol thu obllgut>'~ records. KNOW AlL MEN BY THESE PRESENTS, that. excupt n~ expressly llmltlld. INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do ench sevorolly. but not jointly. hereby make, constitute and appotnt ***Jay P. Freeman, Richard P. Crean, John M. Schack, Kelly A. Saitma n, jointly or seve rally* the true nnd taw1u Attornoy(sHn-Fact. to make execute deliVer nnd ac~nowtedge tor .:~nd on behalf ot each ot saod corporations us surelles. bonds. undertakings and contracts ot suretyship 1n an nmount not cxcccd.ng Two Million Fovc Hundred Thousand Dollars ($2.500.000) on any songle undertokong g1vong And granung unto sa1d Attornoy(s)·ln·FIICI lull power ond outhOr11y to do and to perlorm every act necessary. requosue or proper to bu dona on connectoon thcrewoth as each ol 11111d corpora!lons could do. but rescrvong to each ol said corpor.1toons full power ol substotutoon and re,ocat on; and all ol the acts ol sa1d Attorney(sHn-Fact. pursuant to those presents ore hereby ratofoed and conlirmod The authoroty and powers conferred by this Power ol Anorney do not extend to any ol the loll owing bonds. undertakongs or contracts ol suretyship: Bonk cJeposttory bonds, mortgage deliciency bonds. mortgage guarantee bonds. guarantees of installment paper, note guarantee bonds. bonds on linanclallnstttutoons. lease bonds. msurnnco company qualitytng bonds. sell-Insurer's bonds. hdeilty bonds or boot bonds. ThiS Power of AttorMy ~~ grantlld and I< sogned by lacsomtle under and by nuthorHy ol tho lollowong resolutions adoptrd by thu raspoctove Boards ol Dorectors ol INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, elff!Ctlvo ns Ol September 24. 1986: RESOLVED. that the Chairman ot the Board. the President and any Voce Presld1lnt ol the corporation be. and that oach ot them hereby IS, authonzed to execute Po.,.,ers ol Attorney. quahlytng the attornuy(s) named 1n the Powers ol Attorney to execute. on bchall ol the corporatoon. bonds. undertakings and contracts ol suretyship; and that the Secretary or any A&SIS· tanl Secretary ol the corporation be. and each or them hereby os. authomed to attest the execution of any such Power ol Attorney; RESOLVED. FURTHER that the signatures ol such ofhcers may be afllxcd to ony such Power or Attorney or to any cerullcato relating thereto by lacslmole. and any such Power ol Attorney or cerllllcatl' bearing such lacs1mile stgnaturos shall bo valid and binding upon the corporahon when so atloxed and in tho luture with respect to any bond. undertaking or contract ol suretyship to which it is attached. IN WITNESS WHEREOF. INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have ~overally caused these presents to be signed by their rospoC· live Presidents and attested by thetr respective Secretaries thiS 1st day ot April, 1993 INDEMNITY COMPANY OF CALIFORNIA -"'" .~~·f· Presodent By ATTEST By STATE OF CALIFORNIA) Wolter Crowell Secretary ) ss COUNTY OF ORANGE ) DEVELOPERS INSURANCE COMPANY By ~U~,~~ F VIncent• Jr r rosodent ATTEST By _/VdPW__ Wolter Crowell Secretary On July 15, 1994. before me. the undersigned. a Notary Public in and for satd State. personally appeared Dante F. Vincenti. Jr. and Walter A. Crowell. per· sonally known to me (or proved to me on the basis of satisfac1ory evtdence) to be the persons who executed the wtthtn mstrument as President and Secretary on behalf of Indemnity Company of California and as President and Secretary of Developers Insurance Company, the Corporations therein named. and acknowledged to me that the corporations executed it WITNESS my hand and official seaL Signature K@Mib Notary Public CERTIFICATE OFFICIAL SEAL J. ALVARADO COMM. #1023169 NOTARY PUBLIC. CALIFORNIA ORANGE COUNTY My Commission Exp. Apr. t7, t998 The undersigned. as Semor VIce Presodent ol INDEMNITY COMPANY OF CALIFORNIA, and Senior VIce President ol DEVELOPERS INSURANCE COMPANY, doos hereby certlty thAt the toregolng and anached Power ot Attorney remains in lull Ioree and has not been revoked; and lunhormore. that the provisions or the resolutions ol tho respective Boards ol Directors ol said corporations set lorth In tho Power or Attorney. are 1n Ioree as ol the date ol this Cenilicate This Cortlhcato os uxecuted in the City ollrvine. Calllornia. this 14TH doy ol FEBRUARY . 199 6 INDEMNITY COMPANY OF CALIFORNIA By ~~~6rz ID·31 0 REV I ,1(1!) L.C. Foeboger Senoor Vice Pres•dent DEVELOPERS INSURANCE COMPANY ~cz:~~-By ------L C Fiebiger Scnoor Voce PreSident ' . Bond No. 415803S -------------------PREMIUM: $950.00 SUBDIVISION WARRANTY BOND (GOVERNMENT CODE, Sectio"ls 66499.7 a-,d 66499.9) ·- WHEREAS , the City Council of the City of San Juan Capistrano, State of California, a'1d S. J. HILLS, A CALI FORNI A LIMITED PARTNERSHIP (hereil"lafter desigl"lated as "Principal"), have entered i'1to a Subdivision Agreement whereby Principal agrees to install a"ld complete certai"l desig-,ated improveme'1ts which said Agreeme'lt, dated 19 a11d ide-,tified as Project TRACT 1386S'SEWER IMPROVEMENT£$ hereby referred to and made a part hereof; a11d , WHEREAS, said Pri'lcipal is required U'lder the terms of said agreement to furnish a bo'ld for the guara11tee and warra'lty of t he improveme"lts required under sa id agreeme"lt; NOW, THEREFORE, we, the Principal a-,d ----------------- DEVELOPERS INSURANCE COMPANY as Surety, are held and firmly bou'1d u'1to the City of San Jua"l Capistrano, herei11after called "City", i'l the pe"lal sum of FIFTY TWO THOUSAND SEVEN HUNDRED EIGHTY EIGHT AND N0/100*** Dollars ($ 52,788.00*** ) lawful money of the U"lited States, for the payment of which sum well and tr uly to be made, we bil"ld ourselves, our hei rs, successors, executors and admi"listrators, jointly a11d severally, fi rmly by these prese-,ts. The co11ditio11 of this obligatio-, is such that if Pri11cipal shall promptly a'1d faithfully perfor m such warra11ty a'1d guarat"\tees as specified i11 said Agreeme11t, the11 this obligation shall become 11ull and void; otherwise it shall be a-,d remain i"l full force a"ld effect. Surety waives a11y rights, if t here be a-,y, to require that a demand be made first agai'1st the Pri11cipal in the event of default. As a part of t he obligatio'l secured hereby a'1d i'l addi tio"l to the face amou11t specified therefor, there shall be i11cluded costs a11d reasonable expenses a11d fees, i11cludi'lg reaso'lable attomey•s fees, i"lcurred by City i'1 successfully enforcing such obligatiot"\1 all to be taxed as costs and included in any judgme11t re"\dered. 1 of 2 The Surety hereby stipulates a'1d agrees that '10 change, exte'1sio'1 of time, alteration or addition to th-! terms of the agreement or to the work to be ?erformed thereu'lder or the specificatio'ls accompa'1yi'1g the same shall i'1 a'1y wise affect its obligatio'1s O'l this bo'1d, a'1d it does hereby waive '1otice of a'1y such cha'1ge, exte"lsio'1 of time, alteratio'1 or additio'1 to the terms of the agreement or to the work or t9 the specifications. IN WITNESS WHEREOF, three (3) ide'1tical counterparts of this i'1strume'1t, each of which shall for all purposes be deemed an origi'lal thereof, have bee'1 duly executed by the Pri'1cipa1 a'1d Surety herei'1 '1amed on the 14TH day of FEBRUARY , 19_2Q_, t he name and corporate seal of eacp corporate party behg hereto affixed a"ld these presents dul y signed by its undersigned representatives pursua'1t to authority of its governing body. NOTE: Please Attach Acknowledgeme'1t and Power of A ttor'ley S.J. HILLS, A CALIFORNIA LIMITED PARTNERSHIP PRINCIPAL ITS GENERAL P.ARTNER . PACIFIC CXJr>MJNITIES BUilDERS, INC. (NOTARIZATION A DEVELOPERS INSURANCE COMPANY SURETY ~tW 0, {yJJ}rvvvY\ 2 of 2 KELLY ~) SAITMAN ATTORNEY-IN-FACT (NO TARIZATION AND SEAL) A M E R_/ STATE OF CALIFORNIA {) COUNTY OF !/[t{ fL( t_ 0 <1 } }ss. } <V onftb. J t /']'_qfo . before me, J.s.J~e {Y/t[n 'e ::&red personally appeared ffe J S.O ic. -9[' ltv.. "i ------------------------' personally known to me (or--p1oved to..me-eA-H=te-&as-is-ef-satisfaGtOr-Y-ellide.Aee) to be the person¢} whose name~ is/~ subscribed to the within instrument and acknowledged to me that he/sKe/t?'y executed the same in his/~r/t~ authorized capacity(i~, and that by his/1)6/th~ s ignatur~(s) on the instrument the person(,¢} or the entity upon behalf of which the person(~ acted , executed the instrument. WITNESS my hand and official seal. (Th•s area for offtcial notanal seal) Title of Document ~~~~~~~~~~~~~~~~~~~~~~~~~---~ Date of Document ----=-~~--~--~- Other signatures not acknowledged -~~~-L-f--:--=.::J..-/.~~f---l.-~~:!..1..!::1~~:;:x....J~4AI-f 3008 (t/94) (General) F>rst Amencan Title Insurance Company CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF San Bernardino ) ) ) s. s. On 2 -f{/--f 0 , before me, Frances Lefler, Notary Public , personally appeared Kelly A. Saitman X personally known to me; or proved to me on the basis of satisfactory evidence to be the person(~) whose name(~) is~~x subscribed to the within instrument and acknowledged to me that (~/she/~~ executed the same in ~/her/~~ authorized capacity(~~' and that the entity upon behalf of which the person~) acted, executed the instrument. WITNESS my hand and official seal. (SEAL) ~··················-············ Z @ FRANCES LEFLER • S .,. COMM. #1058976 Z P ~-NOTARY PUBLIC·CALIFORNIA S I SAN BERNARDINO COUNTY p : .......... ~~~:~::~.~~.~~;:~!= Signature of Notary}PUbiiC ************************************************************* CAPACITY CLAIMED BY SIGNER: Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. _____ Individual(s) _____ Corporate Officer(s) Titles ____ Partner(s) ~x~_Attorney-in-Fact ___ Trustee(s) ______ Guardian/Conservator ____ Other: Signer is representing: Limited and and General *********************************************************** ATTENTION NOTARY : Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document. Title of type of docume nt: Bond Number of pages : Date of document : Signer(s) other than named above: ~n~o~n~e~------------------ THIS CERTIFICATE MUST BE A'r.l'ACHED TO THE DOCUMENT DESCRIBED ABOVE. KAS/189638 POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY N2 244980 P.O. BOX 19725. IRVINE, CA 92713 • (714) 263-3300 NOTICE. 1. All power and aulhOflly horoon granted sha111n any nvant H:rmlrmtc on the 31st day ol Mnrch, 1996. 2. This Power ol Attorney Is vo1d if altered or if any por1ton Is erased. 3. This Power of Attorney IS void unless the seal is readable. the text os in brown in II the slgna1Ures are in blue ink and ltlfs notoce Is 1n red Ink. 4. This Power of Allorney st·ould not be retur~ed to thu Atlorneyl ,) In-Fact, but <houi•J rt•m~ln ~ p'lrmanent part of the oblige!-'< record~ KNOW ALL MEN BY THESE PRESENTS. that, except as expro~~ly lomoted. INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not joonlly. hereby make, constitute and appoint ***Jay P. Freeman, Richard P. Crean, John M. Schack, Kelly A . Saitman, jointly or severally* the true and lawful At1orneyls)-ln-Fact. to make, execute. deliver and acknowledge, for and on behalf ot each ol said corporations ns sureties. bonds, undertakings and contracts ol suretyship In an amount not exceeding Two Molllon Five Hundred Thousand Dollars 1$2,500,000) In any single undertaking, govong and granting unto said Attorney(s)·ln-Fact full power and authority to do and to perform every act necessary, req1.1osot~> or proper to be done In connection therewith as each ot said corporations could do. but reserving to each of said corporations full power of substttution and revocation: and all olthe acts of sald Altorney(S)·In-Fact. pursuant to these presents. are hereby ratified and confirmed The authority and powers conferred by this Power of Artornay do not extend to any of the followong bonds. undertakings or contracts of suretyship: Bank depository bonds. mortgage det1coency bonds. mortgage guarantee bonds, guarantees olmstallment paper. note guarantee bonds. bonds on financlalonslltutions. lease bond$, Insurance company qualltyong bonds. self-Insurer's bonds. hdelity bonds or bail bonds. This Power of Attorney Is granted and os sl9ned by facslmlle under and by nuthorlty of the lollowlng resolutions adopted by the respecllvo Boar-ds ot Dfrectors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986: RESOLVED. that the Chairman of the Board, the President and any VIce President of the corporation be. and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named rn the Powers of Attorney to execute, on behalf of the corporation, bonds. under1aKings and contracts of suretyship: and that the Secretary or any Assis- tant Secretary of the corporation be. and each of them hereby is. authorized to attest the execution of any such Power of At1orney: RESOLVED, FURTHER, that the sognatures of such off1cers may be affoxed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power ol Attorney or certoflcate bearing such facsimile sognatures shall be valid and binding upon the corporation when so affixed and In the luturo woth respect to any bond, undertaking or contract of suretyship to which 11 os nuachod IN WITNESS WHEREOF. INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents tO be signed by the11 respeC· live Presidents and attested by their rospechve Secretaries this 1st day of April. 1993. ATTEST By N~w_ STATE OF CALIFORNIA) Walter Crowell Secretary ) ss. COUNTY OF ORANGE ) ATTEST By Walter Crowell Secretary On July 15, 1994, before me, the undersigned. a Notary Public in and for said State, personally appeared Dante F. Vincenti, Jr. and Walter A. Crowell, per· sonally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as President and Secretary on behalf of Indemnity Company of California and as President and Secretary of Developers Insurance Company. the Corporations therein named, and acknowledged to me that the corporations exocutod ft. WITNESS my hand and official seal. Signature -1-1-rt~ah~ib- Notary Public CERTIFICATE OFFICIAL SEAL J. ALVARADO COMM. #1023169 NOTARY PUBUC • CAUFORNIA ORANGE COUNTY My CommissiOn Exp. Apr t7, 1998 The undersigned, as Senior VIce President of INDEMNITY COMPANY OF CALIFORNIA, and Senlor Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore. that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth In the Power of Attorney. are In force as of the date of this Certificate. This Certificate Is executed In the City oflrvlne. California, this 14TH _ day of FEBRUARY . 199 JL INDEMNITY COMPANY OF CALIFORNIA By~~~~....J,C.~::._/ -.AtZ=z~ ID·310flfV 1195 L.C. Fiebiger Senior Vice President DEVELOPERS INSURANCE COMPANY By_ ~cz:~0 L.C. Fiebiger Senior Vice President .-. ·~ .... EXECUTED IN TRIPLICATE Bor'ld No. 415803S -----------------PREMIUM: $950.00 SUBDIVISION WARRANTY BOND (GOVERNMENT CODE, Sectioras 66499.7 a'ld 66499.9) WHEREAS, the City Cour'lcil of the City of San Juan Capistrano, State of California, a'ld S .J. HILLS, A CALIFORNIA LIMITED PARTNERSHIP (hereinafter desigraated as "Prir'lcipal"), have entered i'lto a Subdi•tision Agreement . . . whereby Principal agrees to i"lstall a"ld complete certai"l desig"lated improveme'lts which said Agreeme'lt, dated 19 a"ld ide"ltified as Project TRACT 13865'SEWER IMPROVEMENT~ hereby referred to and made a part hereof; a"ld, WHEREAS, said Pri"lcipal is required urader the terms of said agreemer'lt to fur,ish a borad for the guara"ltee ar'ld warra'lty of the improveme"lts required under said agreement; NOW, THEREFORE, we, the Principal a'ld --------------- DEVELOPERS INSURANCE COMPANY as Surety, are held and firmly bou'ld U'lto the City of San Juan Capistrano, hereir'lafter called "City", in the penal sum of FIFTY TWO THOUSAND SEVEN HUNDRED EIGHTY EIGHT AND N0/100*** Dollars ($ 52, 788.00*** ) lawful money of the U'lited States, for the paymer'lt of which sum well a"ld truly to be made, we birad ourselves, our heirs, successors, executors and admi"listrators, jointly ar'ld severally, firmly by these prese'lts. The conditio, of this obligatio'l is such that if Priracipal shall promptly arad faithfully perform such warrar'lty a"ld guarantees as specified i"l said Agreement, then this obligation shall become "lull and void; otherwise it shall be a"ld remain i'l fuJI force a!'ld effect. Surety waives any rights, if there be a!ly, to require that a demand be made first agairast the Priracipal in the event of default. As a part of the obligatiora secured hereby a"ld ira additiora to the face amou"lt specified therefor, there shall be i'1Ciuded costs a"ld reasonable expe!'lses and fees, includi'lg reaso'lable attor"ley•s fees, i'lcurred by City i'l successfully e!lforcing such obligatio'l, all to be taxed as costs a"ld i"lcluded in any judgme"lt re"ldered. 1 of 2 A MER_/ STATE OF CALIFORNIA 0 COUNTY OF {l![:41tff e_ 0 <1 } }ss. } ~ on F.e..h . If JcpJ . before me, Jo.J.~h~re 111-rr/e ---P,qro:J personally appeared !lJ ~h.' ?h /ircf , , personally known to me (or-f}J=G.ved tume-on-tfle-5asis otsatisfa'ctory evide11ee) to be the persoys') whose name> sf is/eye subscribed to the within instrument and acknowledged to me that he/~e/ttfy executed the same in his/hpr/th/ir authorized capacity(i~), and that by his/hfr!tp~ir signature(S} on the instrument the person~s) or the entity upon behalf of which the person~ acted, executed the instrument. WITNESS my hand and official seal. Signature ~k ~ -P~ I@·~·· ~llfiiEPARENT (/) . ·~ COMM. # 1060740 > a: . a . NotifY l'ublit Cllifomla :n <t: , ORANGE COUNTY ~ ~J<~rm:::=~.J (This area for off1cial notarial seal) Title of Document --===-.=..l-:>!-r..::...!...~---..!........\..J....~.L..L..--=...!:..I.......!....._.L......:..1....-..:::::..!........¥----ii===~~---- Date of Docu me nt _ ___so...£__-f---1------,f....:--r-=.---..,- Oth e r s ig natures not acknowledged ~'-J...l.!>l-f-S-!-~1.1-!..LJ..:.~+-L....J,....;~!..!.:l...IL1f.~O::::....L.--=...~o..-=-.I......L-1--...1.-.I:...__ 3008 (1/94) (General) F1rst Amencan T1tle Insurance Company CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA s.s . COUNTY OF San Bernardino On _2,-/t(-!/b , before me, Frances Lefler, Notarv Public , personally appeared Kelly A. Saitman X personally known to me; or proved to me on the basis of satisfactory evidence to be the person(~) whose name(~) is~ex subscribed to the within instrument and acknowledged to me that (~/she/~~ executed the same in ~/her/t~ authorized capacity(~t' and that the entity upon behalf of which the person~) acted, executed the instrument. WITNESS my hand and official seal. (SEAL) ·······················~········ ~ @ FRANCES LEFLER ; s . COMM. #1058976 p ~j NOTARY PUBLIC·CALIFORNIA ~ I SAN BERNARDINO COUNTY 0 My Comm. Exp. May 14, 1999! •••••••••••••••••••••••••••••••• Signature of Notary ublic ************************************************************* CAPACITY CLAIMED BY SIGNER: Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. _____ Individual(s) _____ Corporate Officer(s) Titles _____ Partner(s) ~x~ __ Attorney-in-Fact ___ Trustee(s) ____ Guardian/Conservator ____ Other: Signer is representing: Limited and and General *********************************************************** ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document. Title of type of document : Bond Number of pages: Date of document: Signer(s) other than named above: ~n~o~n~e~--------------------- THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE. KAS/189636 POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY P.O. BOX 19725,1RVINE. CA 92713 • (714) 263-3300 NQ 244981 NOTICE: AU power and authority noroln granted shall in any event terminate on tile 31st Cloy of Ma(oh. f996. 2. This Power of Attorney 1s void if altered or 1f any portion is cmscd 3 This Power of Attorney Is void unless the seal ts readable, tho text is in brown ink. the signatures are In blue mk and this notice Is In red Ink 4 Thi& Power ol Attorney should not be rotumed to tho Attorn~>y{ll)·ln-F;,ct bu' c>hould remain a permanent paN of th" obligee's record•, KNOW ALL MEN BY THESE PRESENTS, that. except as expressly 11m1ted. INDEMNITY COMPANY OF CALIFORNIA i)nd DEVELOPERS INSURANCE COMPANY, do each severally. but not jointly, hereby make. conblttutc and appoint ***Jay P. Freeman, Richard P . Crean, John M. Schack, Kelly A. Saitman, j ointly or severally* tho true and lawful Attornoy(s)-ln-Fact, to make, execute, deliver and llcknowledge, for and on behalf of each ot said corporations as sureties. bonds. undertakings and contracts of suretyship In an amount not exceeding Two Million Five Hundred Thousand Dollars ($?.500,000) In any single undertaking: giving and granting unto sold Attorney(s]-ln-Fact full power and authority to do and to perform every act necessary. requisite or proper to be done In connection therewith as each of said corporations could oo, but reserving to each of said corporallons lull power of substltullon and revocation; and aU of the acts of sard Allorney(s)-ln-Fact. pursuant to these presents. are hereby ratified and confirmed. The authority and powers conferred by this Power ot Attorney do not extend to any of the fotlowing bonds, undertakmgs or contracts of suretyship: Bank depository bonds. mortgage deliclency bonds. mortgage guan)ntee bonds. guarantees of Installment paper. note guarantee bonds. bonds on financial Institutions. lease bonds. Insurance company qualifying bonds. soli-Insurer's bonds. ltdellty bonds or bt11l bonds Thts Power of Attorney Is granted and Is .unned by fl!cslmlle under and by nuthouty ol the followmg resolutions adopted by the respective Boards or Dlrcctors or INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, Clleollve as of September 2<~. t986: RESOLVED. that the Chairman of the Board. the Pres1dentand any V1ce President of the c.orporallon ba, and that each of them hereby is, authonzed to execute Powers of Attorney. qualifying the attorney(S) named In the Powers of Attorney to execute, on behalf olthe corporation. bonds, undertak1ngs and contracts of suretyship: and that the Secretary or any Assis- tant Secretary of the corporation be. and each of them hereby is. authorized to attest the execution of any such Power or Anorney: RESOLVED. FURTHER. that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or cer1tficate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and In the future with respect to any bond, undenaklng or contrnot of suretyship to which It is attached IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally CJ)usod these presents to be signed by their respec- tive Presidents and attested by !herr respective Secretaries this 1st day of Apnl. 1993. INDEMNITY COMPANY OF CALIFORNIA By ATTEST By __ -~ .lJ~,t Q, Dan F. Vincenti, Jr rl President Walter Crowell Secretary STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) :~moPERs ,.o··;:;o~~·~ ~~~esloent ATTEST By ___ _ Walter Crowell Secretary On July 15, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared Dante F. Vincenti, Jr. and Walter A. Crowell, per- sonally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as Prestdent and Secretary on behalf of Indemnity Company of California and as President and Secretary of Developers Insurance Company. tho Corporations therein named, and acknowledged to me that the corporations executed it. WITNESS my hand and oflicfal seal. Signature ~K~-Notary Public CERTIFICATE OFFICIAL SEAL J. ALVARADO COMM. #1023169 NOTARY PUBLIC • CALIFORNIA ORANGE COUNTY My Commission Exp. Apr 17. 1998 The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior VIce President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains In full force and has not been revoked; and furthermore. that the provisions of the resolutions of the respective Boards or Directors of said corporations set forth in the Power of Attorney, are 1n force as of the date of this C-ertificate This Cenilicate is executed In the City of lrv.ne. Celifornia. this 14TH day of FEBRUARY . 199_6_. INDEMNITY COMPANY OF CALIFORNIA By~~___::__-____._CZ:___..k:::.~:__./'__.,~~- ID-3t0 REV 1/95 L.C. Fiebiger Senior V1ce President DEVELOPERS INSURANCE COMPANY BY ~-~ (_2'~ ~6rz L.C. Fiebiger Somor Vice President RECORDED AT REQUEST OF AND RETURN TO: Recoraaa 1n ~na coun~y of orange, cal1fornla mmflllii!ifmfiWil"~~~'~::·:~~~e:6/11/99 City of San Juan Capistrano City Clerk's Office 32400 Paseo Adelanto San Juan Capistrano, CA 92675 005 5147381 05 44 N12 1 6.00 0.00 0.00 0.00 0.00 0.00 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that an Improvement Agreement between the City of San Juan Capistrano and San Juan Hills L.P., c/o Pacific Communities Builders, Inc., 1000 Dove Street, Suite 100, Newport Beach, California 92660, Developer ofTract 13865, requires the Developer to complete the following, to wit: Construction of street improvements in conjunction with the development of Tract 13865, in the City of San Juan Capistrano. That said work was completed by said Developer according to plans and specifications and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano, as the owner, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, at a regular meeting thereof held on the 1st day of June, 1999, by Resolution No. 9 9 -IR-/-I . That upon said agreement, Developers Insurance Company was surety for the bonds for street improvement and monumentation work in the amount of$272, 131.00 for Tract 13865, given by the said company as required by law. Dated at San Juan Capistrano, California, this __ c},_t1_d.. __ day of Ji;~ ' 1999. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, DO HEREBY CERTIFY, under penalty of perjury that the foregoing Notice of Completion is true and correct, and that said Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Clerk. Dated at San Juan Capistrano this ;( floL ~ day of \LUI'IL , 1999. Ch&l::if~(J/).4--,, City of San Juaii Capistrano , ,, .. ·.,,•