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11-0215_VILLAGE ALIPAZ_Subdivision Faithful Performance BondBond No. SB016000243 Premium; $2,830.00 SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.2) KNOW ALL MEN BY THESE PRESENTS, that First American Title Company. a California Corporation (hereafter designated as "Principal"), agrees to install and complete certain designated public Improvements as accepted by City Council Resolution No. 05-08-16-03. WHEREAS, said Principal Is required to furnish a bond for the faithful performance to guarantee certain work, more particularly described as follows: Tract No. 16186 On-Site Improvements for Street, Water, Sewer, Storm Drain and Monumentation NOW, THEREFORE, we, the Principal are held firmly bound unto the City of San Juan Caplstrano, (hereafter called "Obligee") in the penal sum of One Hundred Thirteen Thousand One Hundred Eighty Eight and no/100 Dollars, ($113,188.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said Improvements, and execute a subdivision agreement, then the obligation shall be null and void; otherwise it shall remain in full force and effect, 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, Page 1 of 2 • 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 Principal, 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 anyway 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 day of October, 2010, at Irvine. California. PRINCIPAL First American Title Company, a California Corporation (NOTARIZATION AND SEAL) APPROVED AS TO FORM: SURETY By Omar Sandoval, City Attorney Page 2 of 2 Orange nn 9 ZQtO Melissa A, Lopez, Notary Public Dafe Janina Monroe ft. LOPS # 1SS7S14 -CtiitiRllB WHcipr&yeci'itb iffe bff jthetfa^sls bT!satisfeiStbey-ev1d.6.ncgSd W lb e iptersofiXsX wHqsei aniMpf istiaipTSbbscf ibeb itbithe swthjnlnstrurnenfiaridiir—' ---i—i--x-f--i-L._.L bxecutfed 'the' r-"^' " and .that by. ;HWtietfttfetf signafyretafob the tbsirufribnf the gersonCf); oit.the entity, upon, bbbalf, pi wklf^'ftth-jperipPi^' agfeffiiexedBted-lhefnstruniienit; m thb State iariid^ii&iTeSi; 'IW.fK'-j-.F'X:'." mmmmmmmmm. aijiii Ifi?ta;iat1thiti;.;|ih'i^^^^^ r »fflP;Si. i J;, if y j.'., .if jklJ: iiiitVl-: ht :dSbiB5 Janina Monroe • mmmm DF'Paftrier—• Umifed • ^^riefil • liTrUstee nnsmmmmmmmmm o-omq • Pattobr-^ • tWited O Oehetal • •iTrBstee •iiOia?:diah!BbtiM^-MtQf o:mm • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On Ortnhpy 7010 before me, Date -Xaren DAhl* Notary. Publlo,, XX J-.-iif^g Name andfitla of Ihe Ofl Offlcer personally appeared Curt A. Caspersen Name(8) o( Slgner(s) KAREN OAHL Commission #1811650 Notary Public - California Orange County My Comm. Expires Sep 26,2012 who proved to me on the basis of satisfactory evidence to be the personjaf whose name{8) is/aj;p'subscribed to the within instrument and acknowledged to me that he/s^Mjp^y executed the same in his/hdr/Jpdir authorized capacity{ipd), and that by his/jpdr/ttj.e1r signature's) on the instrument the person'A), or the entity upon behalf of which the persori^J acted, executed the instrument 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. place Notary Saal Above WITNESS my hand and^^gfficial seal. Signature '—A CXp<J^^^< Signature of Notary Public OPTIONAL Though the information beiow is not required by iaw, it may prove vaiuabie to persons relying on the document and could prevent fraudulent removal and reattachment of this farm to another document. Description of Attached Document Title or Type of Document:. Document Date: _______ Btond- . Number of Pages:. Slgner(s) Other Than Named Above: Janina Monroe Capacity(ies) Claimed by Signer(s) Signer's Name:. • Individual Curt A. Caspersen Corporate Officer — Title(s): • Partner —O Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer is Representing: l^rtlO RIGHTTHUMBPRINT OFSIGNER Top of thumb hers Signer's Name: • Individual • Corporate Officer — Titie(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT • OF SIGNER Top of thumb here ©2007.l4allonal Notary Assoolallon-9350136 Soto Ave., P.O. Box 2402-Chatsworth, OA 91313-2402'Www.NationalNotary.ofB ltem*5907 Reorder: Call Tdt-Ree 1-800-876-6827 DrffiftJ^, ...Bond No. SB016000244 Premium: $783.00 SUBDtVfSION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.2) KNOW ALL MEN BY THESE PRESENTS, that First American Title Company, a California Corporation (hereafter designated as "Principal"), agrees to install and complete certain designated public improvements as accepted by City Council Resolution No. 05-08-16-03. WHEREAS, said Principal is required to ilirnish a bond for the faithful performance to guarantee certain work, more particuiarly described as follows: Tract No. 16186 Landscape and Irrigation NOW, THEREFORE, we, the Principal are held firmly bound unto the City of San Juan Capistrano, (hereafter called "Obligee") in the penal sum of Thirty One Thousand Three Hundred Thirty Five and 50/100 Dollars, ($31.335.50) 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, jointiy and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithftilly perform said improvements, and execute a subdivision agreement, then the obligation shaif be null and void; otherwise it shall remain in full force and effect, 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, Page 1 of 2 including reasonable attorney's fees, incurred by City in successfljtly enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Principal, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder, Executed this 19"^ day of October, 2010, at Irvine. Galifomla. PRINCIPAL First American Title Company, a California Corporation (NOTARIZATION AND SEAL) APPROVED AS TO FORM: By Omar Sandoval, City Attorney Janina Monroe, Attorney-in-Fact (NOTARIZATION AND SEAL) Page 2 of 2 CALrFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of "^^^g^ } On nrknbpr 9P. 7mn before me, Date personally appeared Curt A. Caspersen Xaxea...DAhl' Notary Public, "-Here Insert Name and Title of the Ofl Officer Name<s) of Slgner(s} KAREN OAHt Comtnission# 1811650 Notary Public - California ; Orange County MyCommJ^i^Sepie^^ Place Notaiy Seal Above who proved to me on the basis of satisfactory evidence to be the personjjsf whose namejis) is/aje'subscribed to the within instrument and acknowledged to me that • he/spMjq&y executed the same in his/hdf/^1r authorized capaa'ly(ipd), and that by his/i^^r/tfjieir signature's) on the instrument the person's), or the entity upon behalf of which the personjp)' acted, executed the instrument i certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, WITNESS my hand and official seal. Signature. OPTIONAL Though the information below is not required by iaw, 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: 'Rnnri V..- Document Date: : . Number of Pages:. Signer's) Other Than Named Above: Janina Monroe Capactty(les) Claimed by Signer's) Signer's Name: Curt A. Caspersen • Individuai a Corporate Officer —Title's): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer is Representing: ^FSyfCO RIGHTWUMBPRINT OF SIGNER Top of ttiumb liere Signer's Name: • Individual • Corporate Officer — Title's): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RlGHTTHUIlflBPHIlST • OFSIGNER Top of tfiufnb here ©2007 tmontd Notary Assodation • 9350 De Soto Ave., P.O. Box 2402 • Cfiatsworth, CA 91313-2402»www.NationalNolaty.org Bern #5907 Reorder: CaB Tolt-Free 1 -800-875-6827 SfSfiatute: dity Clerk city of San i Bond No. SB016000244 Premium: Included in cost of Performance bond. SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE 66499.2) KNOW ALL MEN BY THESE PRESENTS, that First American Title Company, a California Corporation (hereafter designated as "Principal"), agrees to install and complete certain designated public improvements more particularly described as follows: Tract no. 16186 Landcape and irrigation WHEREAS, said Principal is required to furnish a bond for foe faithful performance of said improvements; NOW, THEREFORE, we, the Principal are held firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of Thirty One Thousand Three Hundred Thirty Five and 50/100 Dollars, ($31,335.50) 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, firmiy by these presents. NOW, THEREFORE, the condition of this obligation is such that if the above bound Principal, his or its heirs, executors, administrators, successors or assigns, shall In all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions per City Council Resolution No, 05-08-16-03, on his or their part, to be kept and performed at the time and in foe manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its offers, agents and employees as therein stipulated, and, as Page 1 of 3 • necessary enter into a Subdivision Agreement, then this obligation shaif become null and void; otherwise it shall be and remain in full force and effect BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified therefore, 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 Principal hereby stipulates and agrees that no change, extension of time, alteration, or modification of the terms of the agreement 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 terms of the agreement or of the work or to the specifications, IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal herein named on foe 19'^ day of October. 2010, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by Its undersigned representatives pursuant to authority of its governing body. Page 2 of 3 PRINCIPAL First American Title Company, a California Corporation (NORTARtZATlON AND SEAL) APPROVED AS TO FORM: BY Omar Sandoval, City Attorney SURETY Ulljpo-Sasualty Company Monroe, Attorney-in-Fact (NOTARIZATION AND SEAL) NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 mmsmmmmmm Orange Janina Monroe ce«m|{»l<m«16»'8T4 NutiOrlHiWIs-OsaofflU :] anilg» County syifjpb^!if4'¥fe4ic!^5iW^ bvidi^cgab m i%p pefbon'^'whib'sS jtarnS^Tia^^tsubscf ib6|dpO;.1tife fettilq fnstnJrhfen|.arid acl4}d.vyledg'etJroirbA|hayiWs|1e/t{^ ekebbted Ihesarie inrHisfier/tl^Railthijiized'gapaciM ©esdrfplfWof-Attdettdd'-B.o'qVnlebt RbGyroMt Baidy4'-':-TJ:=.-'vf;;t':iii^^^^ • wdivtaai" Janina Monroe •i:iOtfwfc •'iBaHMtistsvD Hti!i» • iSIMeira! •iiiSaaiDiM-bfiffitlsiiMS nsmm • CALIFORNrA ALL-PUflP0SE ACKNOWLEDGMENT State of California County of Orange On Dri-nhpr 901 n boforo me, personally appeared Curt A. Caspersen F.aren DAhl- Notary Puhllp. •^Hel-e insart Name and Trtle of lie Ofl Offloer Name<s) of Signer[8) KAREN OAHL Commlssicn # 1811650 Notary Public - California | Orange County J who proved to me on the basis of satisfactory e\4dence to be the person's)'whoso mmeJiP} is/ard subscribed to the within instrument and acknowiedged to me that he/sj3§/t|3dy executed the same in his/t>dr/^r authorized capacltyfi^^, and that by his/tjdrAipeir signature's) on the instrument the perscni^, or the entity upon behalf of which the person's)'acted, executed the instrument. I certify under PENALTY OF PERJURY under the taws of the State of Caiifornia that the foregoing paragraph is true and correct. WITNESS my hand and offfefaJseal. OV3-AAwuy* Place Notary Seal Above Signature OPTIONAL - signature of Nol Though the Information below Is not required by law, it may prove vaiuabie 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: Eoixd Document Date: . Number of Pages:. Signer(s) Other Than Named Above; Janina Monroe Gapacity(ies) Claimed by Sigr!er(s) Signer's Name;. • Individuai Curt A, Caspersen Corporate Officer — Title(s): • Partner— • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Ofrier: Signer Is Representing: T^^TCo RIGHTTHUMBRRINT OFSIGNER Top of ttiumb here Signer's Name:__ • Individual • Corporate Officer — Tit! e(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • aher: Signer Is Representing: RiaHT-XHUMBFRIIviT: OFSIGNER Top of thumb here ©2007 Natlonal Notary Association- 8350 Da Solo Ave.. P.O.Box 2402 • Chatswortti, CA 91313-2402-www.NationalNotary.org Hem #5907 Reorder: Call Toll-Free 1-800-876^27 ULLICO CasuaJty Company 1625 Eye Street, N.W. Washington D.C. 20006 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS; That ULLICO CASUALTY COMPANY (the Company^ a corporation organized and existing under the laws of the State of Delaware, does hereby constitute and appoint; JANINA MONROE, PAUL E, BOUCHER, THOMAS G. MCCALL, TIMOTHY J. NOONAN, JEREMY YEUNG of LOCKTON COMPANIES, LLC Its true and lawflil Attorney (s) in fact with &t! authority to execute on. its belialf bonds, undertakings, recognizaqoes and other contracts of indemnity and writings obligatory in tlie nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $5,000,000.00, This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of ULLICO Casualty Company at a meeting duly called tlie 15th day of July, 2009. RESOLVED: That the Board of Directors hereby authorizes tlie President or any Vice President of the Company to; (1) Appoint Attomey(s) in Fact and autlrorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature tliereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke tire authority given. And, be it FURTHER RESOLVED: Tlmt the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future witli tlie respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, ULLICO CASUALTY COMPANY has caused this instrument to be signed and its corporate sea] to be affixed By its autiiorized office this July 16"', 2009. Daniel Aronowitz President ULLICO Casualty Company, a Delaware Corporation. On tills lb* day of July 2009, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said tliat he is the tlierein desoribed and autiiorized officer of the ULLICO CASUALTY COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; tliat the said Corporate Seal and his signature were duly affixed. ,\"V;?i V'r ;> Notary Public CATHERINE M. OBRIEN NOTARY PUBLIC STATE OF MARYLAND MONTGOMERY COUNTY MY COMMISSION EXPIRES JANUARY 21, 2012 CERTIFICATE L Teresa E. Valentine, Senior Vice President, General Counsel and Secretary of ULLICO Casualty Company, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 16th day of July 2009 are true and correct and are still in flill force and effect. 1 do further certify that tliat Daniel Aronowitz, who executed the Power of Attorney as President, was on the date of exeeution of the attached Power of Attorney the duly elected President of ULLICO Casualty Company, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this ^day of OCT 1 S 7010 20 . . .<d- Teresa E. Valentine Senior Vice President, General Counsel & Secretary ULLICO Casualty Company