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1996-0214_TAYLOR WOODROW HOMES_Surety AgreementSURETY AGREEMENT THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation, hereinafter referred to as the "City" and Taylor Woodrow Homes California Limited, a California Corporation, referred to as "Developer". WITNESSETH WHEREAS, City will issue Grading Permit No. 33371 to Developer to construct certain designated improvements, more particularly described in Exhibit "A" attached and incorporated herein by reference, which said improvements constitute a portion of that real property at the location of Tract 13436, commonly referred to as Lomas San Juan Area C-2. WHEREAS, San Juan Capistrano Municipal Code Section 8-3.05 requires the posting of financial security to secure the faithful performance and labor and materials for the grading and installation of improvements connected with issuance of grading permits. WHEREAS, San Juan Capistrano Municipal Code Section 8-3.06 authorizes the Building Official to require additional bonding as security to ensure against adverse aesthetic impacts arising from incomplete grading and/or improvements from development projects which have not been completed. WHEREAS, the Building Official finds that the proposed project site is highly prominent and visible to the community, has unique topographic features or involves substantial grading of slope areas. NOW, THEREFORE, in consideration of the premises and promises hereinafter contained, City and Developer agree as follows: 1. Developer'sprovements Obligations. Developer shall, at its sole cost and expense, provide and fin-nish all labor, materials and equipment for the installation of improvements set forth in Exhibit "A". The grading permit and plans, which further defines the improvements in Exhibit "A", are on file in the office of the City's Building Official, and all documents referenced in Exhibit "A" are incorporated herein by reference. 2. Developer's Security. Developer shall provide a bond by a duly authorized corporate surety, subject to the approval of the City's City Attorney, to secure Developer's improvement obligations required under this agreement. The amount of the bond shall be $772,161.05 for that work described in Exhibit "A". This security of $772,161.05 shall also serve as security for restoration of the site. A copy of the surety instrument, as approved by the City Attorney, is attached as Exhibit "D". Surety Agreement Page 2 Taylor Woodrow Homes California Limited Lomas San Juan Area C-2 3. impletion of Improvements. To ensure the protection of the public safety, health and welfare, Developer shall construct the improvements described in Exhibit "A" in accordance with the schedule as set forth in Exhibit "B", and the conditions as set forth in Exhibit "C". 4. Developer Default. In the event Developer does not complete the required improvements, including erosion -control measures within the time required, or abandons the project site, or suspends work for more than twenty working days other than previously prescribed, City shall have the right to immediately declare a default and to make demand on the surety for performance. S. Restoration of Site. San Juan Capistrano Municipal Code Section 8-3.06 allows the City to require bonding as security to ensure against adverse aesthetic impacts arising from uncompleted grading and/or improvements. The purpose of this bonding shall be to restore the property to its original condition if the Developer defaults. This restoration shall include: A. Dismantle and/or demolish improvements; B. Grade property to its original contours as shown on the grading plan referred to in Exhibit "A"; C. Remove all debris and construction materials from the site; and D. Install erosion control, including hydroseeding, to the satisfaction of the Building Official. 6. Attorne, s Fees. Developer agrees to pay City such sum as the court may adjudge as reasonable for the legal services of an attorney representing the City in an action brought to enforce or interpret the obligations of this agreement, and such sum shall be made a part of any judgment in such action against Developer if such action is determined in favor of said City. 7. Developer's Work in Safe Condition. Developer shall perform all work in a safe workmanlike manner and shall take such precautions as may be necessary to warn and protect the public from any dangerous condition caused by the construction of said improvements. 8.iabili . Developer shall hold City, its officers and employees harmless from any and all claims, demands, causes of action, liability or loss of any sort because of, or arising out of, the acts or omissions of Developer, his contractor, subcontractors, agents or employees in the performance of this agreement. Surety Agreement Page 3 Taylor Woodrow Homes California Limited Lomas San Juan Area C-2 In witness whereof, the parties have executed this agreement as of �g�yea 9�y % , 1995 at San Juan Capistrano, California. Developer: Taylor Woodrow Homes California Limited _� A. Michael Wentink By. t V.P. Finance ua;w By: Daniel W. McFarland Building Official Approved as to Form: By: Richard K' Denhalter a17 Apr City Attorney Surety Agreement Page 4 Taylor Woodrow Homes California Limited Lomas San Juan Area C-2 EXHIBIT "A" Lomas San Juan Area C-2 ITEM 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in accordance with Grading Permit No. 33371 and the Developer's plans and supporting documents as listed below: (A) Grading Plan for Lomas San Juan; Area C-2, dated 3/31/98, prepared by Hunsaker & Associates, Irvine, Inc., Neil D. Morrison, RCE No. 28545. (B) Geotechnical Report for Lomas San Juan, Area C-1, dated 1/31/97, prepared by Leighton & Associates, Inc., Don Terres, CEG No. 1362. ITEM 2: Construction of all on-site improvements in accordance with Grading Permit No. 33371 and Developer's grading plans referenced in Item 1 above, including, but not limited to: driveways, parking areas, retaining walls, terrace drains, down drains, subdrains, area drainage systems, and private storm drain systems not a part of Developer's Improvement Plans filed with the City Engineer. ITEM 3: Construction and placement of landscaping and irrigation in accordance with approved plans for Lomas San Juan Area C-2 as included in the above plans. Surety Agreement Page 5 Taylor Woodrow Homes California Limited Lomas San Juan Area C-2 EXHIBIT "B« SCHEDULE FOR COMPLETION OF 01PROVEMENTS Completion Date Within 15 months of permit issuance With 24 months of permit issuance Task Rough Grade Certification Landscape Irrigation With 24 months of permit issuance Landscape Planting 1 Surety Agreement Page 6 Taylor Woodrow Homes California Limited Lomas San Juan Area C-2 EXHIBIT "C" CONDITIONS FOR COMPLETION OF IMPROVEMENTS A. The grading for this project shall be in strict conformance with the grading plans and related documents as described in Exhibit "A" and Grading Permit No. 33371. B. Grading operations shall commence within fourteen (14) calendar days after issuance of Grading Permit No. 33371. Winter grading will be conducted in strict accordance with the dynamic erosion -control plan submitted by the Developer, and approved by the City. This erosion -control plan reflects erosion mitigation measures for expected grading conditions as the work progresses through the winter season and shall not be amended except with the permission of the City. In the event Developer does not wish to implement winter grading, or permission for winter grading is rescinded, static erosion -control plans reflecting current conditions of grading shall be submitted within ten (10) days of cessation of work. These plans shall include erosion - control planting as required by the City. C. A sequence plan of grading operations shall be approved by the City prior to the issuance of any grading permit for this project. Any variation or deviation in the sequence of operations must be recommended, in writing, by the supervising civil and soils engineers and approved by the Building Official prior to performing any work related to the variation or deviation. D. Except as specified in "G" below, suspension in excess of twenty (20) working days of work authorized by Grading Permit No. 33371, including erosion -control measures and landscaping and irrigation, shall constitute default of this agreement. E. The supervising civil engineer and soils engineer shall file biweekly progress reports of all grading operations with the Building Official. An interim compaction report, for that work completed at the time work is suspended for the rainy season (see "G" below), shall be filed with the Building Official. This interim report shall conform to the grading code requirements for final compaction reports. F. Contractor shall control dust to the satisfaction of the Building Official or his deputy. During grading, Contractor shall keep water truck on site and dampen work area, grounds, and loaded trucks. Surety Agreement Page 7 Taylor Woodrow Homes California Limited Lomas San Juan Area C-2 G. Grading operations suspended during the rainy season shall be resumed no later than 15 days from date of suspension. H. Developer shall provide approved on-site archaeological monitor during all phases of grading and foundation excavation and submit a final archaeological report to the City upon completion of the grading. I. Developer shall provide approved Native American monitor during all phases of grading and foundation excavation and submit a final Native American report to the City upon completion of the grading. J. Developer shall provide approved Paleontologist to monitor all phases of grading and foundation excavation and submit a final Paleontological report to the City upon completion of the grading. K. The grading for this project shall be in substantial conformance to the grading concepts of Vesting Tentative Tract Map Nos. 13436 and 13437 as approved by City Council Resolution No. 89-6-6-4 and 89-6-6-5, and in strict conformance with the grading plans and related documents as described in Exhibit "A" and Grading Permit No. 33371. L. Installation of final erosion -control landscaping and irrigation, as required by City Council Resolution No. 89-6-6-4 and 89-6-6-5, Conditions of Approval, shall be commenced within seven (7) calendar days after Rough Grade Certification has been approved by the Building Official, or at any time at the discretion of the Director of the Department of Planning. Street trees and erosion -control landscaping shall be installed in accordance with City Council Resolution No. 89-6-6-4, Item No. 6(2) and 89-6-6-5, Item No. 6 (b). M. Installation of interim erosion -control devices and systems shall commence within seven (7) days after rough grade certification has been approved by the Building Official and must be completed within fifteen (15) days of rough grade certification. Final erosion -control landscaping and irrigation systems shall be installed prior to final inspection of the grading permit. N. All work shall be performed in strict observation of the Hours of Operation in accordance with San Juan Capistrano Municipal Code Section 8-107. Surety Agreement Page 8 Taylor Woodrow Homes California Limited Lomas San Juan Area C-2 O. Contractor shall adhere to conditions of haul route permit and encroachment permit issued by the City Engineer. P. Parking for construction crew is to be on-site. Christy Jakl From: Christy Jakl Sent: Friday, May 18, 2012 3:04 PM To: 'Corinna Ocampo' Subject: RE: Tracts 13865 and 13436 Bond Releases for Pacific Community Builders Attachments: 12-0518 S.J. 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, Christi Jakl Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 1 (949) 493-1053 fax From: Corinna Ocampo [mailto:Corinna0pcbinc.com1 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 0 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: Fi. P �9 ' siva ce' .0 :•t Bond �esclption { .= Effective Number E Date .. °diilorfh# 13436 Gulf Insurance BE2616365 $ 25,000 Grading Bond 06/05/2003 Co. 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 $ 221,722 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 Traffic 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 let 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 let me know if you have any questions or need anything else. Thank you, Corinna Ocampo Tel (949) 660-8988 ext 172 From: Christy Jakl[mailto:cjakl@sanjuancapistrano.oral Sent: Friday, May 18, 2012 8:32 AM 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! Christi Jzakl Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443=6314 (949) 4934053 fax. Christy Jakl From: Christy JAI . Sent: Friday, May 18, 2012 4:04 PM To: Jim Ross Cc: Lindsey Mannan Subject: Release of Tract 13436 and 13865 Bonds Attachments: 12-0518 S.J. Hills (TR 13436 & 13865) (Developer).pdf,12-0518 S.J. Hills (TR 13436 & 13865) (Travelers).pdf Good Afternoon, For your records, attached are the transmittals send for the release of bonds related to Tracts 13436 and 13865. Have a nice weekend! Chi-isN J aki Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949)443-6310 i (949)493-1053 fax 32400 PASEO AOELANTO SAN JOAN CAPISTFANO. CA 92575 (949) 4931171 (949) 4931053 PAX mune smyuancap(strana. mg 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 MEMBERS OF THE CRT COUNCIL SAMALLEVATO LAURAFREEBE LWRTHPAUER OEREX REEVE JOHN TAYLOR 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. PURPOSE AMOUNT BE2616322 Performance — Landscaping $ 65,000.00 BE2616366 Performance — Street Improvements 167,500.00 BE2616367 Performance —Water Improvements 426,000.00 BE2616368 Performance — Sewer Improvements 221,722.00 BE2616369 Performance — Street Improvements 488,218.00 BE2616370 Performance — Monuments 11,000.00 BE2616371 Performance — Storm Drain Improvements 287,628.00 B32616365 Performance—Grading 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. Sincerely, 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 Capisn•aro: Presendng the Past to Enhance the Fuane SUBDIVISION FAITHFUL PEPFORMANCE BOND BOND N0: 632616365 EXECUTED IN TRIPLICATE (GOVERNMENT CODE . 66499.1) PREMIUM. $300,00 IS FOR A TERM GRADING AREA C-2 TRACT 13436 OF TWO YLARS, RENEWABLE ANNUALLY WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and' S.J. HILLS LP (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and` complete certain designated public improvements, which said Agreement dated 19 and made a part hereof; and ' WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, we, the Principal and GULF INSl1RANCE COMPANY as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of TWENTY FIVE THOUSAND AND NO/100*** Dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE;, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shallbe null and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the principal in the event of def aul t. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. RELEASED , Date: Signature City Clerk City of San Juan Caplstran , CA 2. Sa— Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be Performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder. Executed this 5TH day of JM 2003 , at ONTARIO California. APPROVED AS TO FORM: CITY ATTORNEY Page 2 - Subdivision Performance Bond PRINCIPAL S.J. HILLS, LP (NOTARIZAr N AND SEAL) SURETY GULF IM9 (NOTA RIZA N ATM MEy-IN-FACT AND SEAL) TOTAL P.01 CALIFORNIA ALL-PURPOSE ACKN-'NLEDGEMENT State of California SS. County of San Bernardino On (yI '�/6 before mejanet L. Miller, Notary Pub[ Name and Title of Officer (e Personally appeared Kelly A. Saitman Name(s) of Signer(s) x personally known to me O proved to me on the basis of satisfactory evidence WITNESS my hand and official seal. Sign tura or Notary Public OPTIONAL Though the Information below Is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer Title O Partner -- O Limited O General x Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: Top of thumb here to be the persons) whose name(0is" subscribed to the J�ET L, Ml1ER within instrument and acknowledged to me that 09/shelt�tey executed the same in �/her/tWr authorized capacity), Cornu bdon # )311028 ;k� Won pubkrnarco , CWfo and that by i mer/their signature(1 on the instrument the B C V Son BerrtQrd(Rp C personA, or the entity upon behalf of which the personK MYCOMME> ,..'% acted, executed the instrument. WITNESS my hand and official seal. Sign tura or Notary Public OPTIONAL Though the Information below Is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer Title O Partner -- O Limited O General x Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: Top of thumb here AMER, C STATE OF CALIFORNIA COUNTY OF oranae On 06-12-2003 , before me, GA A. Elliott, Notary Public _ personally appeared Nelson Chun personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons) whose names) is/aft subscribed to the within instrument and acknowledged to me that he/sWtl>6y executed the same in his/t)ef/tp6ir authorized capacity(*), and that by his/I6rAhd`ir signatureo on the instrument the person(o or the entity upon behalf of which the person) acted, executed the instrument. WITNESS my hhnd and ). GWEN A. ELLIOTT COMM. 91290520 J NOIM1YPlllrtl0-CALIFONNIA0 ORANGE COUNTY i MV Cunnn.LgNnn JulYa, 3001 � This area lo: fpa. nplanal 9eW) Title of Document Date of Document No. of Pages Other signatures not acknowledged 3008 (IiN) (General) First American Title Insurance Company GULF INSURANCE COMPANY ST. LOUIS, MISSOURI POWER OF ATTORNEY KNOWN ALL MEN BY THESE PRESENTS: That the Cut( Insurance Company. a aorporachon duty organized under the taws of the State of Missouri, having its prinelpal office In the city of Irving, Tests. pursuant to am following resolution, adopted by the Finance & Exectrute Committee of the Boatel of Ditecto, of the said Company on the 10th day o(August 1993, to wit: 'RESOLVED. that the President, Exectsuve Vice President or any Senior Vice President of the Company shall have the authority tb make, execute and detivcr a Power or Attorney ccsmtltuung as Atiorntry-in-Fact.. such persons. firms. or eorpoeatlors as may be selected from Uma to WSW and any Stich Attorney -in -Fact may be removed and the authority granted him revoked by the Praldent, or any E,searUve Vlee President, or any Senior Vico President, or by the Bond of Directors er by the Finance and Execuuve Committee of the Soul or Directors. RESOLVED, that nothing In this Power ofAtterney shall be construed as a grant of authority to the auorrteyO-in-rat to sign, exearcc. acknowledge, dcllvw or otherwise issue a policy or policies of Insurance on befall or Gulf Insurance Company.' Gulf Insurance Company does hereby make, consutute and appoint KELLY A. SAITMAN of Ontario, in the State of California JAY P. FREEMAN Its true and lawfut attorney(t)-in-fact, with full power and authority hereby Conferred in Its, name, place and stead, to sign, crteoute. acknoxvledge and deliver tat its bciuir. as surety. any and all bonds and undertakings of suretyship, and to bind Cuff Insurance Company thereby as rutty and to the sante exicttt as it any l,onds. undc.tak,nr,s documents relating to such bonds and/or undertakings were signed by Ilse duly authorized officer of the Culr frsurance Company and ..l Ste a.:s of ut said atton.ry(s)m•us•f+ea Pursuant to the authority herein given. are hereby ratified and confirmed. The obligation of the Company shalt not exceed f iVe million-- ___ ____ IN WITNESS WHEREOF, the Cuff Insurance Company has caused these presents to be signed by any officer of th¢ Coompa 000d Ou CorporateSealto be hereto affixed. t�Ss"�+ncFc roGULF INSURANCE COMPANY �gr .r 0 r ` ° SEAL K^'J1 awrence I? Minit -STATE OF NEW YORK � SS 4�s$od"� COUNTY OF NEW YORK Ler Executive Vice President On this 25th day of July 2000 A.D., before me came Lawrence R Minter, known to me personally who bcin, by me duly sworn, did depose and say; that he resides in the County of Bergen. State of New Jersey: that ire is the Executive Vice President of the Cull Insurance Company. the corporation described In and which executed the above instrument; that Ire knows rite seal 017 said corporation: that cite seal affixed to the said Instrument: is such corporate seal: that It was so aflixed by order of the Board of Directors of said corporation and that lie signed his.. name, thereto by like order. OP.FtO 3q��9 �0 Da jaCa STATE OF NEW YORK l SS �C. Ot/(3�� Notary Public. State of Nc%v Yurk COUNTY OF NEW YORK f OFN No.02JA4958434 Qualified in Kings County Commission Expires December 30, 2001 F, the undersigned, Senior Vice President of the Cuff Insurance Company, a Missouri Corporation, DO HEREBY CEirl'If 1' that tite fore;;oing and attached POWER OF ATTORNEY remains In full force. Signed and Scaled at the City of New York. 11�Soawnce to Dated tineday Of DIME , 2U 03 ° SEAL >. /�rt �!!i � a �s •?(,� Orsso CcUfgc Biallcard i `� SeiiiorVicc I'residrett SUBDIVISION FAITHFUL PERFORMANCE 50NO BOND NO: 632616365 EXECUTED IN TRIPLICATE (GOVERNMENT CODE . 66499.1) pRp41LH; $ OO IS FOR A TEM GRADING AREA C-2 TRACT 13436 OF TWO Y LE ANNUALLY WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and • S.J. HILLS LP (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated 19 . and made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, we, the Principal and GULF INSURANCE C(NPANY as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the surra of TWEMY FIVE THOUSAND AND NO/lOO*** l 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. shall NOW, THEREFORE, the condition•of this obligation is such that if Principal promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the principal in the event of def aul t. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment. rendered. RE LEA ED Date: Signature: city Clerk City of San Juan Capistrano. CA 2. Sara Surety for value rccei d h ve , ereby supuEates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be Performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder_ Executed this 5TH day of JUNE 2003 , at ONTARIO `" California. APPROVED AS TO FORAM: CITY ATTORNEY Page 2 - Subdivision Performance Bond PRINCIPAL S.J. HILLS, LP (NOTARIZATIO AND SEAL) SURETY GULF IM KELLY A: SATj1 M ATTORNEY-IN-FACT (NOTARIZATION AND SEAL) TOTAL P.01 CALIFORNIA ALL-PURPOSE ACKr WLEDGEMENT State of California SS. County of San Bernardino ) On � �� 3 before mejanet L. Miller, Notary Public Name and Title of officer (e.g., "Jane Doe, Notary Public j Personally appeared Kelly A. Saitman Name(s) of Signer(s) x personally known to me O proved to me on the basis of satisfactory evidence WITNESS my hand and official seal. ' SI nature of Nola Publlc OPTIONAL Though the Information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer Title O Partner -- O Limited O General x Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: Top of thumb here to be the person() whose name(jgis/ 76 subscribed to the !. MI "s Notary O I it 13 IMO �' within instrument and acknowledged to me that p6/she/tjM_ executed the same in piss/her/tXir authorized capacity), ZSon ' Calromta and that by t�Ifier/tWr signature(s5 on the instrument the M Comeem� E Pi�esJu n personA, or the entity upon behalf of which the personK acted, executed the instrument. WITNESS my hand and official seal. ' SI nature of Nola Publlc OPTIONAL Though the Information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer Title O Partner -- O Limited O General x Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: Top of thumb here �'��T AMER, STATE OF CALIFORNIA COUNTY OF prance On 06-12-2003 before me, _Gwen A. ElliottNotar perscnally appeared Nelson thong (or proved to me on the basis of satisfactory evidence) to be the personf$) whose name(s) isilrM subscribed to the within instrument and acknowledged to me that he/syie/t"y executed the same in his/h0/ttj4ir authorized capacity0Sj, and that by his/hekttheir signatureA on the instrument the person(o or the entity upon behalf of which the personf 'f acted, executed the instrument. WITNESS m1h7d and official eal. i Signature — Title of Document Date of Document No. of Pages Other signatures not acknowledged 31X18 011, (Generep First American TIVe Insurance Company GWEN A. ELLIOTT ,...,, C) M - 1 COMM. N1200520 0 "t""'. 11111 CAI If OHNM 0 NO rMtN NUO July j MY Cunnu. I xYlmn 4,2004 11118Ra tn-I'O-YILIAI noldridt ae3-tft Title of Document Date of Document No. of Pages Other signatures not acknowledged 31X18 011, (Generep First American TIVe Insurance Company GULF INSURANCE COMPANY MW ST. LOUIS, MISSOURI POWER OF ATTORNEY KNOWN ALL MEN BY THESE PRESENTS: That dsa Gulf Insurance Company, a corporation duly org inlaod under the taws or the State of Missouri, twtng Its principal omco In the city or Imng,Taaus. pursuant to the following evolution, adopted by the Finance & Emcutive Commence or the Board of Dim -man of the said Company on the 10th day of Auguit, 1993, to wit: 'RESOLVED, that the president. Exeeuuw Vice President at any Senior Vice President of the Company shall have the authority tB stake- execute and deliver a Power or Attorney constituting as Attorney -In -Fact.. such persons, firms, or corporations at may be selected from Ume to time; and any such Anorney-in-Fact may be removed and the authority granted him revoked by the President, or any Executive Vice President, or any SaniorVlce President, or by the Board or Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED. that nothing In .this Power of Attorney stsan be construed as a grant or autisaNty to the attorn cyQ-tn-fact to sign, cxeatG acitnowledgq deliver or otherwise lswe a policy or policies of insurance an behalf of Gulf Insurance Company.' Cutf Insuntnee Company does hereby nuke, constitute and appelnt KELLY A. SAiTMAN JAY P. FREEMAN of Ontario, in the State of California Its true and Lawful attarney(s)-In-fact. with full power and authority hereby conferred In lu• name, place and stead, to sign, execute, acknowledge and dchver m its hchalf, as surety. any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and lo the same extent as if any Londs. untivuakngjs and documents relating to such bonds and/or undenskings were signed by the duly authorised officer of the Gulf insurance Company and A thea :s or said attonkp(s).oil .tact. pursuant to the authority herein giwn, are hereby ratified and confirmed. The obligation *(the Company scull not axcead five million--------=--- ____ IN WITNESS WHEREOF the Cut( Insurance Company has caused these presents to be signed by any officer of it a Comps 000 OOCorpotate seal to be hereto affixed.y and Its -k ro ce00. GULF INSURANCE COMPANY ° SEAL Z -STATE OF NEWYORK SS °raso%j"% COUNTY OF NEWYORK Lawrence P. N initer Executive Vice President On this 25th day of July 2000 A.D., before me came Lawrence P. Miniter, known to me personally wino bent by me duly sworn, did depose and say; that he resides in the County of Bergen. State of New Jersey; that he is the Executive Vice: President of the Gui Insurance Company, the corporation described In and which executed the above instrument: that lie knows die seal of said corporation: that the scat affixed to the said instruments is such corporate seat; that it was so afrtxcd by order of the Board of Directors of said corporation and that lie signed hii,. name, thereto by like order, �%110 Jgic�q Wv'tUl C" x Da Ja('a STATE OF NEWYORK }F OUBt,�C'so� Notary Public. state or Nesv Turk COUNTY OF NEWYORK J SS OfiN No.02JA4258634 Qualified In Kiags County Commission Expires December 30.2001 1. the undersigned, Senior Vice President or the Cul( Insurance Company, a Missouri Corporation. DO i•IC•REGY CEIZTIFV that the foregoing and attached POWER OF ATTORNEY remake in full force. Signed and Sealed of the City of New York. %#SoaAkcr oo Dated the STH day of JUNE .20 03 `oy,rerl�r� t� ° SEAL 4'sso') Ccorge Biancardi SPtlil)rVice President MEMORANDUM TO: Maria Moms, City Clerk FROM:ames G. Ross, Interim Public Works Director e�—' MAL SUBJECT: Grading Bond Release, San Juan Hills Tract 13436, Area C-2 May 17, 2012 This memorandum is authorization to release the grading bond posted for the San Juan Hills, Area C-2 Rough Grading, Tract 13436. The grading bond place by S.J.Hills, LP for this project has been authorized for release and a replacement bond has been put in place by Taylor Morrison. Performance bond # BE2616365 was posted in the amount of $25,000.00 as security. Please find attached a copy of the Surety Agreement and Bond for your use. If you have any questions, please contact me. Attachments Contact information: Pacific Communities Corinna Ocampo Tel (949) 660-8988 ext 172 May 17, 2012 Deena Berens Development Services City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Request for Grading Bond Release for Tract 13436 Dear Ms. Berens: On May 15. 2012, the City Council accepted the improvement agreement and replacement bonds posted by the new owner of Tract 13436, Taylor Morrison of California, LLC. Consequently, we request to please initiate the process of releasing the grading bond posted by S.J dills LP for Tract 13436. According to our records, the following grading bond was posted for Tract 13436: Tract Number Insurance Bond I Bond Amount Number I Bond Description Effective Date 13436 Gulf Insurance Co. I BE2616365 I S25,000 I Grading Bond 1 06/05/2003 If you have any questions or require additional information please call me at (949) 660-8988 ext 172 or entail at CorinnatQi ncbine.com. Your prompt attention to this matter is very much appreciated. Thank you. siinnccerely, n L,10 Corinna po, '. LEEDa'AP Project Manager Pacific Communities Builder, Inc. 1000 Dove Street - Suite 100 - Newport Beach • U 92660 , Tel 949.660.8988 • Fax 9499608866 EXECUTED IN TRIPLICATE SLIEDlytSION FAITHFUL PERFORMANCE (GOVERNMENT CODE. 66499. i) BAND NO: 832616365 AREA 6-2 TRACT 13436 PRF7NIl�hl: $ 300.00 IS FOR A TERM OF TWO YALE ANNUALLY WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and" S.J. HILLS LP (hereafter designated as "Principal'), have entered into a Subdivision Agreement whereby Principal agrees to install and` complete certain designated public improvements, which said Agreement dated and made a part hereof; and 19 --' WHEREAS, said Principai is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, we, the Principal and GULF INSURANCE CCNpANy as Surety, are held firmly bound unto .thee City of San Juan ,Capistrano _ , o (hereaf ter called � in the sum oee") "Obligee"), f lawful, money of the United States, for the payment of which sum w Dollars, made, we bind ourselves our heirs successors executors joinuly tlyo be ' severally, firmly by these presents. and administrators ' rlo� Y and NOW, THEREFORE, the condition'of this obligation is such that if Principal shall promptly and faithfully perform said improvements. then the obligation shall. be null and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the principal in the event of def aul t. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgmen#, rendered. 1 z• SAu "Surety, for value received, hereby stipulates and agrees that 'So change, eictension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any Way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder. Executed this 5TH day of JUNE )W 2003 at ONTARIO California. APPROVED AS TO FORM: CITY ATTORNEY Page 2 - Subdivision Performance Bond PRINCIPAL S.J. HILLS, LP (NOTARIZAT N AND SEAL) SURETY (t1LF INS! KELLY A. ATTORNEY -IN frr (NOTARIZATION AND SEAL) TOTAL P.01 CALIFORNIA ALL-PURPOSE ACKN- WLEDGEMENT State of California ss. County of San Bernardino On f 15.16 3 before Personally appeared Kelly A. Saltman Name(s) of Signers) JANET L. MILLER '� �i � Noto ym�n i 1311e28 bee . ��. San Berntlrtllno Cqf m� MyCemm. Egges,�z z x personally known to me O proved to me on the basis of satisfactory evidence to be the person(s) whose nameWis/gria subscribed to the within instrument and acknowledged to me that WsheQyey executed the same in Wdher/tbir authorized capacityW), and that by t 9/hedftF)etr signature(s) on the instrument the personf.>tj, or the entity upon behalf of which the personX acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Signature or Noisy Public Though the information below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title ❑ Partner — O Limited O General 7op�thVmeM1a� x Attorney -in -Fact O Trustee ❑ Guardian or Conservator Other: Signer is Representing �� AMER, STATE OF CALIFORNIA COUNTY OF ocanae On 06-12-2003 before me, (Wen A. Elliott, Notary Public personally appeared Nelson Chung , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/arL subscribed to the within instrument and acknowledged to me that he/sfyeltfy6y executed the same in his/flet/tp6ir authorized capacityo), and that by his/her/thdir signature on the instrument the person(M or the entity upon behalf of which the person) acted, executed the instrument. WITNESS my hknd and (This area lo: oY,cial notarial sea4 Title of Document Date of Document No. of Pages Other signatures not acknowledged 3008 (tom) (General) Flrsl American Title Insurance Company GWEN A. ELLIOTT 4 D COMM.N1209520 D ty NOIAIIY 141IILIC-C FOONIA 0 F (HIANOIC COUNTY I MY Onnn,. I:pOmn JUIYe, 400.1 f (This area lo: oY,cial notarial sea4 Title of Document Date of Document No. of Pages Other signatures not acknowledged 3008 (tom) (General) Flrsl American Title Insurance Company GULF INSURANCE COMPANY ST. LOUIS, MISSOURI POWER OF ATTORNEY KNOWN ALL MEN BY THESE PRESENTS: That eta Cuir Insurance Company, a corporation duly organrrad tender UW taws of this Staa of Missowl, staving its Principal *lata in the oats or Irving, Texas. pursuant to the following nescluuon, adopted by the FlrAncs & Executtivs Comminaa of the Bond of Directors of the said Company on the 10th day ofAugum' 1993,to wic: 'RESOLVED, that the President. Executive Vice President or any Senior Vice Prtecldent o[ dve Company shat! have the authority 90 retake, execute and deliver a Power of Attorney constituting as Attorney -In -Fact -.suets persons, firms, or corporations as may be seleetod from Uma to time; and any such Attorney-twFact may be removed and the authority granted him mr eked by tic President, or any Executive Vice President. or any SeniorVlce President, or by the Board of Directors or by the Finance and Exeeuuva Committee or the Board of Directors. RESOLVED, that nothing in this Power of Attorney shall W construed as a grant of authority to dee attornsyG)-in-fact to sign, execute, acknowledge; deliver or otherwise Issue a Policy or Policia of insurance an behalf of Cult IrutAnnoa Company,' Gulf Insurance Company does hereby eruka. constitute and appoint KELLY A. SAITMAN JAY P. FREEMAN of Ontario, in the State of California lu true and lawful attorney(&) -in -fact, with full power and authority hereby conferred In lu' name, place and stead, to sign, execute. ackt3c;wledbe and duliver t„ its beitair, as surety any and all bonds and underiakings of suretyship, and to bind Cull` Insurance Company thereby as fully and to tilt same oxiceet as hr any bonds. undotakun,s and docun+enu relating to such bonds and/or undertakings were signed by the duly authorimd officer of the Culr Insurance Company and +.i sive a.:s or said auorny(h) •uv•face. pursuant to the authority herein given. are hereby ratified and confirmed. The obligation of the Company :trail not exceed fere million--------=---------------------- IN WITNESS WHEREOF, the Cult Insurance Company has caused these presents to be signed by any Officer of tile l$5, ompa y and its OOCorpo ace lSeat to be hereto aMxed. .1,53n""Qfoa GULF INSURANCE COMPANY 40PPO�,r� 49 . SEAL K x - 'STATE OF NEW YORK � SS �'dsodc`` COUNTY OF NEW YORK �LawccncC�P. biiniter Executive Vice President On this 25th day of July2000 A.D., before me came Lawrence P. Wither, known co me personally who being by me duly sworn, did depose and say, that he resides In the County of Bergen. State of Ncw Jersey: (flat its is the Executive Vice President of the Cult Insurance Company, the corporation described In and which executed the above Instrument: tial he knows cite scat of said corporation, that the seal affixed to the said Instruments is such corporate seal, that it was so affixed by order of the Hoard of Directors of said corporation and that lie signed hii,. name, thereto by like order. OPylO Jgr�q _ e � x Da Ja l'a STATE OF NEW YORK SS y�.ovBL,c,�� Notary Public. State or Ncw lurk COUNTY OF NEWYORK CFN No.a2JA4958634 QuAried in Kings County Commission Expires December 30. 2001 1, the undeisigned, Senior Vice President of the Cult Insurance Company. a Missouri Corporation. DO HEREBY CEItTIFY that Ilio forc6ohq: and attached POWEK OF ATTORNEY remains ill full force. Signed and Scaicd it tits City of New York. `�SUatrtcFoo Dated the 51ji d;ty Or tMVE • 20 03 ° SEAL 4risw3 Georgi: I3iancarti i S"IiOvVicc i'resideait EXECUTED IN TRIPLICATE GRADING SUB©MSION E;AITiFUL PEIZFORMAIgCE 13OND (GOVERNMENT CODE .66499.!) PREMUMBM NO: 832616365 : $300,L IS FOR A TERM AREA C-2 TRACT 13436 OF TWO YLE ANNUALLY WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and* S.J. HILLS LP (hereafter designated as "Principal")r 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 WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, we, the Principal and GULF INSURANCE CCNPANY the City of San Juan Capistrano as Surety" are held firmly bound unto P (hereafter called Obligee"), in the sum of TWENTY FIVE THOUSAND AND NO/100*** Dollars, Lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition*of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the principal in the event of def aul t. BE IT FURTHER RESOLVED: 1• As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. SaAd 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, or modification of the contract documents or of work to be performed thereunder. Executed this 5M day of JUNE �f_� at ONTARIO California. APPROVED AS TO FORM: CITY ATTORNEY Page 2 - Subdivision Performance Bond PRINCIPAL S.J. HILLS, LP (NOTARIZATIO AND SEAL) SURETY GULF I E �COMpi4Ny,''� KELLY A.' SA AITORNEY--IN-FACT (NOTARIZATION AND SEAL) TOTAL P.01 CALIFORNIA ALL-PURPOSEACKf WLEDGEMENT State of California ss. County of San Bernardino On zal-Eli 3 before Personally appeared Kelly A. Saitman Neme(e)ot Signage) x personally known to me O proved to me on the basis of satisfactory evidence WITNESS my hand and official seal. Sigh Ztm of Nota Public OPTIONAL Though the Information below Is not required by law, X may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer Title O Partner -- O Limited O General Top of thumb hem x Attorney -in -Fact ❑ Trustee -. O Guardian or Conservator Other: Signer is Representing: to be the persons) whose name(gis/�rb subscribed to the ewer t. Mfues Commhyon p 13j) a Notary pryyc within instrument and acknowledged to me that b€/she/(pay pK/her t Ir authorized ea aoi w executed the same in p ty' ), - ted' son eemardlnaC olunty° and that by ,f i6rher/tWr signature(61 on the instrument the MV Comm. exfxfea�a2o zoos person.M, or the entity upon behalf of which the personK acted, executed the instrument. WITNESS my hand and official seal. Sigh Ztm of Nota Public OPTIONAL Though the Information below Is not required by law, X may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer Title O Partner -- O Limited O General Top of thumb hem x Attorney -in -Fact ❑ Trustee -. O Guardian or Conservator Other: Signer is Representing: C AMERI STATE OF CALIFORNIA COUNTY OF grange On_. 06-12-2003 before me, Gwen A. Elliott Notary-Epyig personally appeared Nelson chum .personally known to me _ (or proved to me. on the basis of satisfactory evidence) to be the person() whose name(s) isrOm subscribed to the within instrument and acknowledged to me that he;s'hWtt"y executed the same n his/h,0/9l 6ir authorized capacity0es}, and that by his/hpt(their signature(;i) on the instrument the person(p) or the entity upon behalf of which the personal acted, executed the instrument. WITNESS myjhnd and official eal.!�— '------ - GtAYWCnEn4nmuAELLIO ELLIOTT COMi MN0 0 H01A%1'U1111C uronNMOunr rom : q,enuJWY9, 21ba j iTh,6 area Ip: ol(O81 re larial 5 Q Title of Document Date of Document No. of Pages__ Other signatures not acknowledged 3a OIN) (Grewal) First Amancen Tele, Insurance Company GULF INSURANCE COMPANY m4w ST. LOUIS, MISSOURI POWER OF ATTORNEY KNOWN ALL MEN BY THESE PRESENTS: That the Cutr Irsstasrsee Company. A COrpoeauan duly Organtred under the taws or the State of Mhsouri, having its principal office In the city of Irving, Texas. purnunt to the fotiowing resolution, adopted by the Finance & Exacuuw Committee of the Bond of Directors of the said Company on the 10th day ofAuguit.1993,to wit: 'RESOLVED, that the President, Executive Vice President or any Senior Vice President of the Company shall have the authority rd nuke, execute and deliver a Power of Auorney constituting as Attorney -In -Fact,. such persons, firms. or corporations as may be selectod from Ume to 4me; and any Path Attorney -in -(:act may be removed and the authority granted him revoked by the PruldenL or any E)=UUw Vico President, or any Sortior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVEQ that nothing in this Power o(Actorney shalt be construed as a grant Of authority to the attornoyWin-tact to $ign• execute, acknowlodgq dellvw or otherwise Issue a policy or policies of insurance on behalf or Cult Insurance Company.' Gulf Insurance Company does hereby make, constitute and appolnt KELLY A. SAITMAN JAY P. FREEMAN of Ontario, in the State of California Its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred In Its• name, place and stead, to sign, execute. ackNowledge and deliver ,n is belulf, as surely, any and all bonds and undertakings of suretyship, and to bind Culr insurance Company thereby as fully and to tit same catcot as or any Lands. urtderraknsrjs and documents relating to such bonds aid/or underukings were signed by dto duly authorized officer of the Cvir Insurance Company and wt the &. :s or said utdrtl:y(t)•m-fact. pursuant to the authority herein given, are hereby ratified and confirmed. The obligation of the Company shall not exceed Five million---------- __ dollars. IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any otiicer of the Comps y and its OOCorporate Seal to be hereto affixed. .rSSR�rtoFco GULF INSURANCE COMPANY a�af'0.4 4q SEAL { '1 -STATE OF NEW YORK} SS °'asout'' COUNTY OF NEW YORK Lawrence P. Minitcr ExecutiaeVice President On this 25th day of July2000 A.D,. bcforc me came Lawrence P. Minitcr, known ,to srot personally wito beim+ by me duly sworn, did depose and say. that he resides in the County of Bergen, State of New Jersey that Ise is the Executive Vice President of the Gulf Insurance Company, the corporation described in and which executed the above Instrument that lie knows the seal or said corporation; that the seat affixed to the said instruments is such corporate seal; that it was so alrixed by order of the Board of Directors of said corporation and that lie signed his„ name, thereto by like order. OP4I0 JgirF9 _ � j (w� ,vl,',v�t x Da Ja fa STATE OF NEW YORK�F'0UBL�G•(J� Notary Public, State or Nc%v lrork COUNTY OF NEW YORK SS OFNNo.02JA4958634 Quaturied in rings County Commission Expires December 30, 2001 I, the undersigned. Senior Vice President or the Culr Insurance Company, a Missouri Corporation, DO HEREBYCEI2TiFy that the lt)M-oing and attached POWER OF ATTORNEY remains in rull force. Signed and Scaled at (lie Cit of New York, City `#S"PANCF CO ©rated the 5TH day OC JUNE. zU 03 v GtTT SEAL 4'sso George I3imicartli SenifirVice President 32400 PASEO ADELANTO SAN JOAN CAPISTRANO, CA 92675 (949) 493.1171 (949) 493-1053 (FAX) 1VIV1F..sanf Hancapistrano. org July 3, 2003 Ms. Marie Hertrick Taylor Woodrow Homes of California Ltd. 15 Cushing Irvine, California 92618 Re: Release of Bonds - Tract 13436 Dear Ms. Hertrick: DWIELDATHGATE JOHN S. GELFF MATT HART JOESOTO DAM M. SWERDLIN p MANAGER GEORGES ANWRO11GH The following bonds referencing Tract 13436 are hereby released effective June 17, 2003: Monumentation 11133221819 $ 11,000 Faithful Performance (Private Streets) 11133221637 488,218 Labor & Material (Private Streets) 11133221637 488,218 Faithful Performance (Sewer) 11133221645 221,722 Labor & Material (Sewer) 11133221645 221,722 Faithful Performance (Public Streets) 11133221652 167,500 Labor & Material (Public Streets) 11133221652 167,500 Faithful Performance (Storm Drain) 11133221660 287,628 Labor & Material (Storm Drain) 11133221660 287,628 Water Facilities Bond 11133221678 426,000 Performance Bond (Grading/On-site 11127274121 25,000 Drainage Improvements/Slope Landscaping) , If you have any questions, please give me a call at (949) 443-6310. Sincerely yours, Dawn Schanderl Deputy City Clerk cc: Sam Shoucair Craig Harris qN0 use S N San Juan Capistrano: Preserving the Past to Enhance the Future U RIDER TO DECREASE BOND AMOUNT This Rider is to be attached to and form part of Bond Number 111127274121 on behalf of TAYLOR WOODROW HOMES, INC. in favor of CITY OF SAN JUAN CAPISTRANO effective FEBRUARY 9 , 19 99 IT IS HEREBY UNDERSTOOD AND AGREED, That, and The penal sum of this bond is decreased from SEVEN HUNDRED SEVENTY TWO THOUSAND, ONE HUNDRED SIXTY ONE AND No/10OTHS---------- Dollars ($ 772,161.00 ) to TWENTY FIVE THOUSAND AND N0/100THS - - - - Dollars ($ 25,000.00 ) effective the 4th day of JANUARY F 2000 PROVIDED, HOWEVER, that all other terms and conditions of the attached bond are to remain unchanged. Signed, Sealed and Dated this 4th day of JANUARY 2000 TAYLOR WOODROW HOMES, INC. RELEASED s .0 DATE 1 Principal By THE AMERICAN INSURANCE COMPANY Surety By �Lccy�- JANET C. ROJO, ATTORN - N -FACT AC Y c 4 �C� �N 7mTEDAl-AllLkS OAf Obligee By Title CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT of California of San Francisco Ott 'ilmmary 4, 2b00 Before me, ' William Choy, NotaryPublic personally appeared --------------- Janet C. Rojo ---------------------- Z ----- -- -------- O personally known to me - OR - WILLIAM CHOY ,a o COMM. #1239150 v' o NOTARY PUBUC-CALIFORNIA a. SAN FRANCISCO COUNTY My Comm. E%DNas Oct. 22, 2003 0 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 by her 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 ofNotan, FIREMAN'S FUND INSURANCE COMPAN NA-11OSURETY CORPORATION �YaSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OP ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE 'COMPANY, a California corporation, NATIONAL SURETY CORPORATION, an Illinois corporation, THE AMERICAN INSURANCE COMPANY, a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY, a Missouri corporation, (herein collectively called "the Companies") does each hereby appoint Terry J. Moughan, Jack M. Woodruff, Donna M. Gergurich, Cynthia L. Lewis, Scott R. Whiteside, Susan Gannuscio, Thomas J. Gallagher,'Janet C. Rojo and Swan Lee of San Francisco, CA their true and lawful Attorneys) -in -Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof ------------ and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seals of the Companies and duly attested by the Companies' Secretary, herebyratif*g and confirming all that the said Attomey(s)-in-Fact may do in the premises. This power of attorney is granted under and by the authority of Article VII of the By-laws of each of the Companies which provisions are now in full force and effect. This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of each of the Companies at a meeting duly called and held, or by written consent, on the 19th day of March, 1995, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of the Companies, and the seal of the Companies may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies." IN WITNESS WHEREOF, the Companies have caused these presents to be sg�nned by their Vice -President, and their corporate seals to be hereunto affixed this 20 day of September , 19A . FIREMAN'S FUND INSURANCE COMPANY •�•a �`��'"'"�► o NATIONAL SURETY CORPORATION revr.avlo �• r - e a w L. THE AMERICAN INSURANCE COMPANY ASSOCIATED INDEMNITY CORPORATION AMERI AUTOMOBILE INSURANCE COMPANY STATE OF CAL FORNIAk44-1 COUNTY OF MARIN SS. By } Vice -President On this 20 day of September 1999 , before mepenonally came Donn R. Kolbeck to me known, who, being by me duly sworn, did depose and say: that he is a Vice -President of each company, described in and which executed the above instrument; that he knows the seats of the said Companies; that the seals affixed to the said instrument are such company seals; that they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order. IN WTIMS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. L OCAMPO Commission # 1163726 •. Notary Public - Catifornta Morin County STATE OF CALIFORNIA SS. MyContrn. N Public COUNTY OF MARIN I, the undersigned, Resident Assistant Secretary of each company, DO FIEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII of the By-laws of each company, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and sealed at the County of Marin. Dated the 4th day of JANUARY 2000 MAWS '•...,•••' kCt C� +NCE C �r +p. Resident Assistant Sc=uq C . L '. STATUTORY PERFORMANCE BOND Bond No.: 11127274121 Premium: $6,949.00 KNOW ALL MEN BY THESE PRESENTS, that Taylor Woodrow domes California Limited, as Principal, hereinafter called CONTRACTOR, and American Insurance Company, as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of seven hundred seventy-two thousand, one hundred sixty-one and 051100 Dollars ($772,161.05) fol payment whereof Contractor and Surety - bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor is required to provide a faithful performance bond pursuant to the statutory requirements of the San Juan Capistrano Municipal Code to guarantee certain work, more particularly described as follows: GRADING, ON-SITE DRAINAGE IMPROVEMENTS, AND SLOPE LANDSCAPING FOR LOMAS SAN JUAN AREA C-2. NOW, TI -BEFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said statutory obligation, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED, that: 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 no change, extension of time, alteration, or modification of statutory obligation, 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 modifications, or of the work to be performed thereunder. CALIFORNIA ALL -PURSE ACKNOWLEDGMENT � No. 5907 State of California County of San Francisco On FebruarY 9, 1995 before me, Martha M.G. Scholl , DATE NAME. TITLE OF OFFICER • E.G., VANE DOE. NOTARY PUBLIC' personally appeared Lisa B. Wofford NAMEIS) OF SIGNER(S) Cfpersonally known to me - OR - ❑ is of -satisfactory -evidence to be the personW whose name(a�) is/aFe subscribed to the within instrument and ac- knowledged to me that-he/she/they executed the same in _4/her/tb,@4f authorized capacity(iW, and that by .#is/herU,4eft signature(sy on the instrument the person(s), or the entity upon behalf of which the MARTHA M.G. SCHOU. person(s) acted, executed the instrument. COMM. # 1040294 NOTARY KOUCCALIFORNIA SAN FRANCISCO COUNTY TY - WITNESS my hand and official seal. Ay► Cann Expires Nw. t. 1591 �.� IVA'y SIGNATURE OF NOTARY Martha M.G. Scholl OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. ' CAPACITY CLAIMED BY SIGNER ❑- INDIVIDUAL ❑ CORPORATE OFFICER TmEM ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ID ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY([ES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01093 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 81309-7184 ME STATUTORY PERFORMANCE BOND Bond No.: 11127274121 Premium: $6,949.00 KNOW ALL MEN BY THESE PRESENTS, that Taylor Woodrow Homes California Limited, as Principal, hereinafter called CONTRACTOR, and American Insurance Company, as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of seven hundred seventy-two thousand, one hundred sixty-one and 05/100 Dollars ($772,161.05) for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor is required to provide a faithful performance bond pursuant to the statutory requirements of the San Juan Capistrano Municipal Code to guarantee certain work, more particularly described as follows: GRADING, ON-SITE DRAINAGE IMPROVEMENTS, AND SLOPE LANDSCAPING FOR LOMAS SAN JUAN AREA C-2. NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said statutory obligation, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED, that: 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 no change, extension of time, alteration, or modification of statutory obligation, 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 modifications, or of the work to be performed thereunder. Statutory Performance Bond Page 2 Taylor Woodrow Homes California Limited Lomas San Juan Area C-2 Executed this 9th day of February, 1995, at San Francisco California. APPROVED AS TO FORM Ric and K. Denhalter 2/7/gr City Attorney PRINCIPAL By. A. Michael Wentink V.P. Finance (NOTARIZATION AND SEAL) SURETY41sa icann Insurance Carrpany By:YC7 Worrora Title: Attorney -in -Fact (NOTARIZATION AND SEAL) GENERAL POWER OF THE AMERICAN INSURANCE COMPANY ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20,1846, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the County of Marin, State of California, has made, constituted and appointed, and does by these presents make, constitute and appointALAN SHIREK AND LISA B. WOFFORD, jointly or severally SAN F 1�,N C I S C 0, A lace and stead, to execute, seal, acknowledge and deliver any its true and law u Attomey(spin- act, with full power and authority hereby conferred in its name, p and all bonds. undertaking, recognizances or other written obligations in the nature thereof -------------------------------- and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, scaled with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys) -in -Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VII. Appointment and Authodty of Resident Secretaries, Attorneys -in -Fact and Agents to accept Legal Process and Make Appearances. Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vice -President or any other person autborized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice -President may, from time to time, appoint Resident Assistant Secretaries and Attorneys -in -Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 46. Authority. The authority of such Resident Assistant Secretaries, Attorneys -in -Fact and Agents shall be as prescribed in the instrument evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment." This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31 st day of July, 1994, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate seal to be hereunto affixed this 17 t h day of November 01994 res'"► l.!%F+ ,.,k .,:••., THF AMERICAN INSURANCE COMPANY By via -President STATE OF CALIFORNIA ss. COUNTY OF MARIN 17th November 94 M. A. Mallonee On this day of , 19 , before me personally came to me known, who, being by me duly sworn, did depose and say: that he is Vice -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seat, the day and year herein first above written. OFFICIAL NOTARY SEAL , A. KRIEGER _o • Notary Public— Caiilornla otery Pubtk i . MARIN COUNTY My Comm. Exp. MAR 20,1995 CERTIFICATE STATE OF CALIFORNIA COUNTY OF MARIN ss. I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF A77ORNEY remains in full force and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and sealed at the County of Marin. Dated the 9th day of February -.19 95. • •5 {fG►��r t f Read= AsdVAM slQllyy 360711 -TA -2.94 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco U On February 9, 1995 before me, Martha M.G. Scholl , DATE NAME. TITLE OF OFFICER - E.G.. -JANE DOE. NOTARY PUBLIC' No. 5907 personally appeared Lisa B. Wofford NAME(S) OF SIGNER(S) CXpersonally known to me - OR - ❑ preyed-te-me-on-the-basis_-of-satisfactory-evidence to be the personW whose name(sr) is/afe subscribed to the within instrument and ac- knowledged to me that -he/she/they executed the same in his,/her/tWr authorized capacity(iW, and that by his/herltheft signature(sl on the instrument the person(s), or the entity upon behalf of which the MARTHA M.G. SCHQL person(o) acted, executed the instrument. COMM. 41040294 'o •' NOTARY PUBLrXAUFORNIA a SAN FRANCISCO COUNTY WITNESS my hand and official seal. .� My Camm. Bores Nov. 4.1998 SIGNATURE OF NOTARY Martha M.G. Scholl OPTIONAL Though the data below Is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ME(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR EN71TYQES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remme( Ave., P.O. Box 7184 • Canoga Park. CA 91309-7184 AMER, 4 Y ) STATE OF CALIFORNIA )ss. COUNTY OF On--v—=� 7, 199 before me, personally appeared ,4• P, yr(—P— k-F{�Tj�,r oP }-llaj Icy , personally known to me to be the person(45) whose name(i) is/are subscribed to the within instrument and acknowledged to me that he/sheRheq executed the same in his/4e64heirauthorized capacity(ie4 and that by his/her/their signature(s)-on the instrument the personjo or the entity upon behalf of which the person(4 acted, executed the instrument. WITNESS my hand and official seal Title of Document�Tf c fLT nR Y Date of Document E-�13 -719� ; No. of Pages 2 Other signatures not acknowledged�i'lf }/ 3W8 00)4) IGene.l) First American Tfle insurance Company {: Signatur<eZ tilsY,^,+g4 OFFICIAL NOIAR)'SEAI l'.YC• _ HOLLY S. CARLSON No4my Pu&b to ilaNa (Ss ORANGE COUNTY MY Comm.Eeos MAv 2].1635 (This area for off 'al naarial wall Title of Document�Tf c fLT nR Y Date of Document E-�13 -719� ; No. of Pages 2 Other signatures not acknowledged�i'lf }/ 3W8 00)4) IGene.l) First American Tfle insurance Company S A M ERI C } STATE OF CALIFORNIA }ss. COUNTY OF e--�C-TF } OnffpcgI4U±ER-4 '7 1995 before me, C'. C'-'V�SyKJ personally appeared A. r�t�L l t� EL 1nIF.ITZtJIL iTr = Pp-e�=PEf �T- C)'F� , personally known to me (OF PFG%,ed to rise Gn the basis of satisrfaetafreyWeree) to be the personxwhose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shekheq executed the same in his/heckheir authorized capacity(ie"nd that by his/her/theirsignaturao on the instrument the persono or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Z OFFICIAL NOTAFY BEAL • HOLLY CARL -,GN =q' - Noevy PUUlic— Caliarnia T ORANGE COUIY Y My Comm. Express MAY 27 1905 (This area for official natural seal) Title of Document�t-ER�I�f l✓I?cN -- Date of Document Fj 7, 19-g5 No. of Pages Other signatures not acknowledged i l � R Or M ,tawl� 3008 (119a)(General) Frsl Aaa,amn Title Insurance Company MEMORANDUM June 17, 2003 TO: Dawn Schanderl, Deputy City Clerk FROM: Sam Shoucair, Senior Engineer SUBJECT: Tract 13436, Pacific Community Builders - Bond submittal. (Substitution of Bonds from Taylor Woodrow Homes) In connection with the development of the subject tract, please find attached, for your files, the original sets (in duplicates) of the improvement bonds, including Water, that were submitted by Pacific Communities Builders which replace the ones we currently have from Taylor Woodrow. The Taylor Woodrow bonds that were replaced may now be released. Attachments cc Craig Harris C:WyFilesWemos-ConditionsSond matters with City Clerk%Tr 13436 Area C2.wpd MEMORANDUM TO: Memo to File FROM: Maria Guevara, Secretary DATE: September 17, 2003 SUBJECT: SJ Hill (Pacific Community Builders) Construction of Water Facilities Agreement for tract 13436 was formerly under Taylor Woodrow, now under new ownership under SJ Hills (Pacific Community Builders). ACTIVE DEVELOPMENT BOND LIST (Does not include CIP sureties) January 3, 2003 DEVEL66PER BOND NO.ITYPE AMOUNT REDUCEDIRELEASED (Tract) (Amt/Date) Taylor Woodrow Homes . 11133221736 F Pert Bridges 1,141,900 Califomiatimited__ 11133221736 L&M Bridges 1,141,900 -TI3437 Area 07IMPRT/ (The American Insurance Company) fled with _Note: agreements designating Trs 1343SM3437 & 13866 Taylor Woodrow Homes 11127274139 Statutory Perf 7,429,100.64 Reduced 12/11/98 by Building Official to 'California Limited S Grading Tracts 13866/13437 Lomas $250,000 San Juan DAID-2 (The American Insurance Company) Taylor Woodrow Homes 11133221678 F Perf Constmction of Water 426,000 Lusk Agreement Assigned to GlenFed T13436 CVWD Facilities (The American Insurance Company) ✓ 7/3/90 Replacement Bond provided by Taylor Woodrow Accepted by CVWD Board at -�-"- meeting of 5/5/96 Taylor,.1lpp�ly 11127274121 Statutory Pert 772,161.05 pedmo 12/7/99 by Building Official to California Umfte 5';+` Grading Tract 13436 Lomas San Juan C-2 $25,000 __.4 (The American Insurance Company) (/J S -Surety Agreement CV WD=Water District Agreement tMPRV=Improvement Agreement L&M=Labor & Material F Pe&Faithful Performance Page 18 CA -Council Action C C ACTIVE DEVELOPMENT BOND LIST (Does not include CIP sureties) January 3, 2003 DEVELOPER BOND NO.fTYPE AMOUNT REDUCED/RELEASED (Tract) (Amt(Date) Taylor Woodrow Homes 11133221637.F Pe ipa�girs 488,218 California Limited 11133221637 t:&M alte'SIrra, T13436 Area C-2 IMPRV 11133221645 F Pert $ewer ,.., 2. 22 11133221645 L&M Sewer , 11133221652 F Perf Public Strs 7,500 11133221652 Li ,Public Strs 11133221660 F Perf Storm Drain . g.7 628• 11133221660 L&M Storm Drain 11133221819 Subdivision Monumentation 1,000' (The American Insurance Company) Sales USA LASB-228173 Letter of Credit 275,040 5-306 Portion of Rosan Ranch evelopment, 3SM 043 844 00 Pert Construction Water 13,530 pToYota Facilities PM 01-143 evelopment 3SM 044 124 00 Statutory Pert 37,377.50 3SM 044 124 00 L&M 37,377.50 R -O -W Impry San Juan Creek; construction of private driveway; public sewer main & appurtenancies (American Motorists Insurance Company) Trimble, Joe 0459036539 Payment Bond Certificate 5,243 PM 88-402 Lot 1 S Onsite Impry 31682 Avendia Evita D=Development Agreement SDI=Subdivision Improvement Agreement S=Surety Agreement CV WD=Water District Agreement Page 19 IMPRWImprovement Agreement L&M=Labor & Material F Perf—Faithful Performance CA—Council Action C November 30, 1999 MEMORANDUM TO: Dawn Schanderl, Deputy City Clerk FROM: Dan McFarland, Building Official 0� SUBJECT: Reduction of Grading Bond, Taylor -Woodrow Homes, Lomas San Juan C-2 This memorandum is authorization to reduce the grading bond posted by Taylor -Woodrow Homes for the Lomas San Juan Area C-2 from $772,161.05 to $25, 000. The bond number is 11127274121. A copy of the Surety Agreement is attached for your information. The grading has been substantially completed and a new grading bond will be posted for the proposed new development plan. If you have any questions, please contact me.. Attachment 'COPY RIDER TO DECREASE BOND AMOUNT This Rider is to be attached to and form part of Bond Number 111127274121 on behalf of TAYLOR WOODROW HOMES, INC. in favor of CITY OF SAN JUAN CAPISTRANO and effective FEBRUARY 9 19 99 IT IS HEREBY UNDERSTOOD AND AGREED, That, The penal sum of this bond is decreased from SEVEN HUNDRED SEVENTY TWO THOUSAND, ONE HUNDRED SIXTY ONE AND No/100THS----------Dollars ($ 772,161.00 ) to TWENTY FIVE THOUSAND AND NO/10OTHS - - - - Dollars ($ 25,000.00 ) effective the 4th day of JANUARY 2000 PROVIDED, HOWEVER, that all other terms and conditions of the attached bond are to remain unchanged. Signed, Sealed and Dated this 4th day of JANUARY 2000 TAYLOR WOODROW HOMES, INC. Principal By • THE SCAN INSURANCE COMPANY Surety By JANET C. ROJO, ATTORN - N -FACT j A�' � 11 � ►.1 rib 'r' 1 Obligee By Title CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ofCaltfornia San Francisco On January 4, 2000 before me, William Choy, Notary Public personally appeared -- `.pd;: --- Janet C. Rojo- known to to me - OR - WILLIAM CH7Y o COMM. #1239150 a m' NOTARY PUBO FORNIA SAN FRANCISCO COUNTY MY COMM, EX049 Oct 22, 2003 ❑ 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 by her 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 of NoIaV FIREMAN'S FUND INSURANCE COMPANY XK?IONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION • TRE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY • QENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That FM MAN'S FUND INSURANCE 'COMPANY, a California corporation, NATIONAL SURETY CORPORATION, an Illinois corporation, THE AMERICAN INSURANCE COMPANY, a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY, a Missouri corporation, (herein collectively called "the Companies") does each hereby appoint Terry J. Moughan , Jack M. Woodruff, Donna M. Gergurich, Cynthia,L. Lewis, Scott R. Whiteside, Susan Gannuscio, Thomas J. Gallagher,'Janet C. Rojo and Swan Lee of San Francisco, CA . their true and lawful Attorney(s)-in-Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof ------------ and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seals of the Companies and duly attested by the Companies' Secretary, herebyutifybg and confirming all that the said Attomey(s}in-Fact may do in the premises. This power of attorney is granted under and by the authority of Article VII of the By-laws of each of the Companies which provisions are now in full force and effect. This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of each of the Companies �at a meeting duly called and held, or by written consent, on the 19th day of March, 1995, and said Resolution has not been amended of "RESOLVED, that the signature of any Vice -President, Assistant secretary, and Resident Assistant Secretary of the Companies, and the seal of the Companies may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies " IN WITNESS WHEREUF, the Companies have caused these presents to be signed by their Mc e -President, and their corporate seals to be hereunto affixed this 20 day of September , 19 99 . v t�pt N+ PIREMAN'S FUND INSURANCE COMPANY M� _ 6 :�`'�•••,'e�: �,��"'" ,° • NATIONAL SURETY CORPORATION g THE AMERICAN INSURANCE COMPANY y� , ° w s.ifi �c•K1 � ••. , •'? rot, �,<tr �,� 6` n��;,�► ASSOCIATID INDEMNITY CORPORATION e Ncs co .w i •cow +rc,� AMERI AUTOMOBILE INSURANCE COMPANY STATE OF CALIFORNIASS. By COUNTY OF MARIN } Ya-Presideat On this 20 day of __ September 1999 , before me personally came Donn R. Kolbeck to me known, who, being by me duly sworn, did depose and say: that he is a Mce-President of each company, described in and which executed the above instrument; that he knows the seals of the said Companies; that the seals affixed to the said instrument are such company seals; that they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. L OCAMPO Commission # 1163726 emyConvn. NotaryPublic - Califorrdct Marin County STATE OF CALWORNIA 1 SS,�' N Public COUNTY OF MARIN J L the undersigned, Resident Assistant Secretary of each company, DO AEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII of the By-laws of each company, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in fora. Signed and sealed at the County of Matin. Dated the4th ! day of JANUARY 2000 jj �•l�•It� <NAN'f � �� tl� e Resident Assistant Swetary