1990-0703_LUSK COMPANY, THE_AgreementCapistrano Valley Water Distrito
Minutes of the Regular Meeting
March 19, 1996
General Manager Auerbach reported this item is a standard development agreement
regarding fees and dedication of facilities to the District for the project better known
as the Concorde Development, and staff recommends approval of the agreement.
Director Hart made a motion, Director Nash seconded; motion approved unanimously
to approve the Agreement for Construction of Water Facilities for Tract 14398, San
Juan Villas L.P., and authorize the Chairman to execute the Agreement on behalf of
the District; accept the surety bond in the amount of $224,629 for the construction
and installation of all water facilities; and accept payment in the amount of
$294,149.0 for the fees as listed above.
Mr. Auerbach commented that the replacement of surety bond for Tract 13865 that
was originally submitted by The Lusk Company, and then assigned to Glendale
Federal Bank in October 1995, is being replaced in the same amount by the new
developer. Director Campbell made the motion to accept the replacement surety
bond in the amount of $293,000 from S. J. Hills for the construction and installation
of all water facilities within Tract 13865, and exonerate the existing bond for Tract
13865. Director Swerdlin seconded the motion. Motion carried five to zero.
.. - A . ► =I -
This
• u Z31
This small development project has been completed and staff recommends the Board
accept the water facilities for San Juan Lincoln-Mercury as completed as March 1,
1996. Director Nash made the motion. Director Campbell noted that she resides
within the 2,500 feet of the project, but her vote will not impact her financially, and
therefore she will participate in the vote. Director Hart seconded the motion; motion
carried unanimously.
Mr. Auerbach stated the District has worked on this item with the developer and the
City to supply access to Tract 13726 that goes across our reservoir property. Staff
worked out a Conditional License Agreement to protect the District's interest and
allow the emergency access, Staff believes this is a win-win situation for the District
as it will provide an all-weather road up to the reservoir. Staff consulted District
Counsel Denhalter to obtain the proper indemnification. District Engineer Clark noted
the plans for the retaining wall were changed, and it is no longer included in the plans
4
EXECUTED IN TRIPLICATE
To: CAPISTRANO VALLEY WATER DISTRICT
32450 Paseo Adelanto
San Juan Capistrano, Ca. 92675
PROJECT: Final Map, Tracts 13865
13436
13866
13437
ASSIGNMENT
The undersigned, Lusk Company, a California corporation ("Lusk"), hereby assigns
to Glendale Federal Bank, a California corporation, all of its rights, title and interest in and
to those certain Agreement(s) For Construction of Water Facilities, between Lusk as
"DEVELOPER" and the Capistrano Valley Water District, a municipal corporation, as
"DISTRICT', a copies of which is attached hereto as Exhibit A, A2, A3 and A4 and which
are dated and approved by the Board of Directors of the "DISTRICT" on the 3rd day of
July, 1990.
THE LUSK COMPANY, a California Corporation
D./ Johnson
Name: D. David Steff sen, Jr.
T i t 1 e: Assistant Secretary
This Assignment is hereby accepted by Glendale Federal Bank, a California
corporation, (Glendale), and Glendale hereby assumes for the benefit of District and the
Lusk Company, all the obligations of Developer under the Agreement(s) For Construction
of Water Facilities.
GLENDALE FEDERAL BANK
By:
Na e: aRrichar�dR4&Curfis
Title: Vice President
A ; CALIFORNIA ALL-PURPOS�dCKNOWLEDGMENT Ah No. 3997
State of California
County Of mange
On September 9, 1995 before me, Cheri Mnrdpn a Notary Puhlic ,
DATE NMAE, TITLE OF OFFICER - E.G.. *JANE DOE. NOTARY PUBLIC
personally appeared Jimmy D. Johnson ana o_ navia ctaffoncon, dr
NAME(S) OF SIGNER(5)
AXI personally known to me
to be the person(s) whose name(s) iafare
subscribed to the within instrument and ac-
knowledged to me that heMhe/they executed
the same in lir/their authorized
capacity(ies), and that by itims�/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNES andand official seal.
f� Cheri Morden
x Comm. (1994522
V y OTARY PUSUM . CALIFORNUF
ORANGE COUNTY ��11
Comm. Expires May 17, 1997 i sIGJ% qE Aqy
OPTIONAL
Though the data below is not required by law, 4 may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL ASSIGNMENT
fX{ CORPORATE OFFICER The Lusk Co. to Glendale Federa
Bank: Aqrs. For Construction of
-Chief Executive Officer/Ass't Secretary TITLE OR TYPE OF DOCUMENT
TmE(s) Water Facilities for Capistrano
❑ PARTNER(S) ❑ LIMITED Valley Water Distr./Calabasas
❑ GENERAL --1--
0 ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIANCONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTnY(IES)
NUMBER OF PAGES
September 7, 1995
DATE OF DOCUMENT
Richard H. Curtis, Jr. GFB
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION • 9236 Rartmar A".. P.O. BOM 7184 • C r*9a Park. CA 91309-7184
U
1l
- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
No, 5907
State of
County of K�, i
On q. QW before me )�j �r Q , (JbtQ1CLl
DATE 'NAME, TITL OF OFFICER -E.G.,'JANE ,NOTARY PUBLIC"
personally appeared111t,
NAMES)OF SIGNER(S)
personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
BEVERLY SEDER v signature(s) on the instrument the person(s),
a _ CORM. # 986465
"- NOTARY PUBLIC-Cc�ALI��F�ORIa or the entity upon behalf of which the
W com rypfru=71997� person(s) acted, executed the instrument.
WITNESS my hand and official seal.
SIGN41TURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ NDIVIDUAL
CORPORATE OFFICER
TITLE($)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEYAN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
�Vjlk -
TITLE ORT PE OF DOCUMENT
NUMBER OF PAGES
q�r10lh
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 -Canoga Park, CA 91309-7184
••1 •0
AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES
THIS AGREEMENT, dated this 3rd day of July 1990, by and between THE LUSK
COMPANY, hereinafter called "Developer", and CAPISTRANO VALLEY WATER
DISTRICT, hereinafter called "District".
WITNESSETH:
WHEREAS, Developer wishes to obtain water services from District for property
known as Tract 13865 and District requires the construction and dedication of water
facilities by Developer as a condition of providing said water services; and
WHEREAS, Developer has prepared and submitted to District a set of
improvement plans for said water facilities; and
WHEREAS, District desires to insure that said water facilities are installed in
accordance with District's standards and specifications.
WHEREAS, Special facilities, consisting of a reservoir for non -potable water and
a booster station to replace an existing District booster station are required to provide
adequate water service to Developer's property; and
WHEREAS, Additional imported water supply will be required to serve the
property being developed by Developer; and
that:
NOW, THEREFORE, it is hereby agreed by and between Developer and District
I. CONSTRUCTION AND COMPLETION
1. Developer shall, at its sole cost and expense, construct and install by
September 30, 1991, all of the water facilities shown and delineated upon the
improvement plans entitled Tract 13865 as approved by the District Engineer and the
City Engineer of the City of San Juan Capistrano and on file with said City and by
reference made a part of this Agreement as though fully set forth herein. If additional
time is needed, an extension may be granted by the General ."Manager on the showing of
•• ••
Agreement for Construction of Water Facilities
The Lusk Company — Tract 13865
Page Two
good cause. Time extensions shall also be granted for any delays in the commencement
or completion of construction caused by or resulting from acts of God, civil disorder,
changes in government regulations, acts of governmental bodies or their employees or
agents, inclement weather, strikes, boycotts, picketing or other obstructive actions (not
caused by Developer) by any labor, organizations performing labor upon the property.
Any such extension shall, however, be subject to all of the terms and conditions of this
agreement, and any surety or other security shall continue in full force and effect.
2. Developer shall construct said water facilities in accordance with the
approved plans, District's standard specifications and under District's inspection, and
shall indemnify and hold harmless the District, its agents', and employees from and
against all claims, damages, losses and expenses, including attorneys' fees, arising out
of or resulting from the performance of the work, and caused in whole or in part by any
negligent act or omission of Developer, Developer's Contractor, or any of Developer's
Subcontractor, anyone directly or indirectly employed by any of them, or anyone for
whose acts any of them may be liable.
3. If Developer has not completed the work by September 30, 1991, and
time extensions have not been granted, District has the right to call the security for
faithful performance and complete the work. Any work performed after September 30,
1991, whether by Developer, District, or others, shall be in accordance with District's
standard specifications in effect as of the time the work is performed.
4. The security shall remain in effect for a minimum of 365 consecutive
calendar days after all the water facilities have been completed and accepted by
District, and shall continue in effect until exonerated in writing by District.
90 00
Agreement for Construction of Water Facilities
The Lusk Company - Tract 13865
Page Three
IL SPECIAL FACILITIES
In addition to the water facilities described in Section I of this agreement,
special facilities, consisting of a non -potable water reservoir and the relocation of a
District booster station are required to provide adequate water service to Developer's
property. Conditions for the construction of said special facilities are addressed in the
Agreement between Developer and District for Construction of Water Facilities for
Tract 13436.
III. WATER CAPACITY
Developer understands that potable water capacity of 0.83 efs (maximum
daily flow) to serve Developer's total property is not available at this time, but District
expects to acquire sufficient additional capacity to serve this demand prior to
December, 1991 when potable water will be required. If District has not arranged to
acquire this capacity by March 31, 1991, District and Developer agree that projects will
be undertaken to convert existing potable water customers to District's non -potable
water system. These conversions will allow existing potable water capacity to be
utilized for Developer's project. Funds paid by Developer for Water Capacity Charges
as provided for in this agreement will be used to fund the conversions to the non -
potable system. To the extend that any additional funds are required to offset
Developer's projected demands, Developer agrees to pay the additional cost of these
conversions.
Agreement for Construction of Water Facilities
The Lusk Company - Tract 13865
Page Four
IV. USE OF WATER
1. Developer hereby expressly agrees that no water shall be used by
Developer, or by Developer's Contractor or any of Developer's Subcontractors for
construction purposes except through a connection authorized by District. Developer
acknowledges that Section 499 of the California Penal Code provides that unauthorized
use of water is a misdemeanor, and District hereby states its intent to strictly enforce
said Penal Code Section.
2. In addition to any criminal penalties, and not as a substitute therefore,
District will charge Developer, and Developer agrees to promptly pay District, $500.00
per day for any unmetered use of District's water by Developer, Contractor, or any
Subcontractor, anyone directly or indirectly employed by any of them, or anyone for
whose acts anyone of them may be liable.
3. Temporary construction meters shall be provided to Developer by
District at the rental rate existing at the time such meters are provided.
4. Developer shall notify District as soon as it is reasonably practical to
install any permanent meter, and District shall provide and install same as soon
thereafter as reasonably possible. The foregoing notwithstanding, the District may
install any meter when District determines it is desirable to do so. No permanent
meter will be installed in the subject development until relocation of the booster
station, construction of the non -potable pipeline and design of the non -potable reservoir
provided for in the June 5, 1990 Agreement between Developer and District for Tract
13436 have been completed to the District's satisfaction.
5. Developer shall use non -potable water whenever possible for
construction purposes. Should the District's non -potable water be unavailable, or in
Agreement for Construction of Water Facilities
The Lusk Company - Tract 13865
Page Five
insufficient quantity to serve the Developer, potable water from District's water
distribution system may be used if there is no detrimental effect on existing customers.
Developer shall attempt to acquire non -potable water from alternate sources prior to
using non -potable water or potable water from the District.
V. FEES, CHARGES AND SECURITIES
1. Developer shall, prior to the execution of this Agreement, pay District
the following sums:
(a) $34,700.25 for the costs of District's plan review,
inspection of construction and the control thereof,
and for the testing of materials, which sum is based
upon the estimated construction cost of $533,850.00.
(b) $32,700.00for the furnishing and installation by
District of all permanent water meters, which sum is
based upon the following numbers and sizes of
meters: 159 - 5/81lx3/4" at $200.00 each; 2 - 2" non -
potable irrigation at $450.00 each.
(c) $250,425.00 for Capital Improvement Charges (159
dwelling units) which sum is based on $1,575.00 per
dwelling unit or domestic meter.
(d) $8,387.25 for Water Storage Charges, based upon
$52.75 per dwelling unit or domestic meter.
(e) $159,075.00 for Water Capacity Charge based upon
$757,500.00 per cfs of maximum day demand of 0.21
efs. Water Capacity Charge is based on current
estimates of costs to acquire and convey additional
capacity to the District. Developer agrees to pay the
difference between the estimated final Water
Capacity Charge, as the actual participation costs or
required projects are determinted.
2. In addition to the above sums, a surety bond to secure the faithful
performance of this Agreement in the sum of $587,000 is hereby approved.
Agreement for Construction of Water Facilities
The Lusk Company - Tract 13865
Page Sia
00
3. When additional buildings on this property are constructed, Capital
Improvement Charges, Water Storage Charges, Water Capacity Charges, and Meter
Fees for the additional development shall be paid prior to additional water service being
provided.
VI. GUARANTEE
Developer hereby guarantees the materials and the workmanship of the
water facilities installed by Developer for a period ending 365 consecutive calendar
days after the acceptance of said water facilities by District, and hereby agrees to
reimburse District for all costs associated with the accomplishment of necessary
repairs to said water facilities which may have been made by District within the
aforesaid guarantee period.
VII, GENERAL
1. Developer hereby offers to dedicate to District the water facilities
together with necessary easements.
2. Upon completion of the construction in accordance with the
improvement plans and specifications and the dedication of the necessary easements,
District agrees to accept the water facilities, whereupon said water facilities shall
become property of District.
3. The terms of this Agreement shall inure to the benefit of and be
binding upon the successors and assigns of the parties hereto.
4. Should either party be required to enforce any of the terms of this
Agreement, it is agreed that the prevailing party shall be entitled to costs and
reasonable attorneys' fees.
Nq
Agreement for Construction of Water Facilities
The Lusk Company - Tract 13865
Page Seven
IN WITNESS WHEREOF, the parties hereto have executed this Agreement,
consisting of seven (7) pages, on the above date.
ATTEST:
Clerk of the Board of Directors
Capistrano Valley Water District
CAPISTRANO VALLEY WATER DISTRICT
32450 Paseo Adelanto
San Juan Capistrano, CA 92675
(714) 493-1515
Chairman of the Board of Dire tors
"DEVELOPER"
THE LUSK COMPANY,
a California Corporation
(Lusk -San Juan Division)
17550 Gillette Avenue
Irvine, CA 92713
(71,
By:
By:
s�3i�ao - I"r
� ATTEST:
APPROVED cam'
LEGAL DEPT.
title
(SEAL)
A
CAT. NO. NNO0737
TO 1945 CA (8-84)
(Corporation)
STATE OF CALIFO IA
COUNTY OF r J
On 31 �Gc�G before
said State, person'Illy appeared
personally known to me or proved to me on Yhe basis
of satisfactory evidence to be the persgq wwhho--executed
the within instrument a�c the �/
President, and bled-•ond 77-7—C-1
personally known to me or
proved to me on the basis of satisfactory evidence to be
the person who executed the within instrument as the
Secretary of the Corporation
that executed the within instrument and acknowledged
to me that such corporation executed the within instru-
ment pursuant to its by-laws or a resolution of its
board of directors.
WITNESS my hand and official seal.
Signature,����
Jf§ TICOR TITLE INSURANCE
a Notary Public in and for
(This area for official notarial seal)
EXECUTED IN TRIPLICATE BOND NO. 4158085
KNOW ALL MFNJBYTM'AMFIAMA PREMIUM: $5,283.00
That we, I TMTTFO PGRTNFRCHIP as Principal, and DEVELOPERS INSURANCE COMPANY
Corporation, created, organized, and existing and by virtue of the laws of the State of CALIFORNIA
duty licensed to Transact a general surety business in the State of California, as Surety, are held and firmly
bound to the CAPISTRANO VALLEY WATER DISTRICT, State of California, In the sum 04293.500.00****
DOLLARS, lawful money of the United States of America, to be paid to the said District for which payment
well and truly to be made we bind ourselves, our heirs, executors and successors, jointly and severally.
THE CONDITION OF THE FOREGOING OBLIGATION is such that whereas the above bounden
Principal hes agreed to do and perform the following, to -wit:
Construct and install all of the water facilities pursuant to Agreement for Construction of
Water Facilities entered into on -7-3— 1990 by and between CAPISTRANO
VALLEY WATER DISTRICT, and S.J. HILLS, A CALIFORNIA a copy of
which is attached hereto and made a part 4raC01
NOW, THEREFORE• the condition of this obligation is such that if the bounden Principal shall, to
the satisfaction of the CAPISTRANO VALLEY WATER DISTRICT faithfully and properly perform all of the
work described in said Agreement and in accordance with the plans and specifications approved for said
work and shalt pay all sums due for all damages suffered by said District by reason of faulty or defective
work or the carelessness or negligence of said Principal and for the completion of any work not
satisfactorily or properly performed in accordance with the Agreement between District and Principal, and
guarantee all work for a period of one year after acceptance in accordance with said Agreement, then. at
the expiration of said guarantee period, this obligation shall be null and void: otherwise to remain in full
force and effect.
IN WITNESS WHEREOF said Principal and Surety have caused this bond to be executed by their
officers thereunto duly authorized thisI Tylay of FEBRUARY , t 99_L,
,
(SEAL)
(SEAL)
The premium on this bond is
a 5,283.00
S.J. HILLS, A CALIFOR
PRINCIPAL: ITS GENOzAL
PACIFIC FS
By:
r
DEVELOPERS INSURANCE
SURETY
By:
`A%6rn v In eatt
KELLY A.'SAITMAN
Meiling Address of Surety:
1425 W. FOOTHILL BLVD #120
UPLAND. CA 91786
(Executed In Triplleatel
TED PARTNERSHIP
INC.
0 '1
CALIFORNIA •
ALL PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
S.S.
COUNTY OF San Bernardino )
On _ 2- ((-/-41 is , before me,
Frances Lefler, Notary Public , personally appeared
Kelly A. Saitman ,
X personally known to me;
or proved to me on the basis of satisfactory evidence to be the
person(g) whose name(a) is/i=*Xsubscribed to the within instrument and
acknowledged to me that (2C/she/t3My4 executed the same in
htW/her/th)ed& authorized capacity(A)MT, and that the entity upon
behalf of which the person(AX) acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL)
aaseeaaammamameeaewwmrw.mRmmeN�
z FRANCES LEFLER
3 COMM. #1058976 S
P NOTARY PUBLIC CALIFORNIA S
SAN BERNARDINO COUNTY P
o { My Comm. Exp. May 14, 1999 i
aeaaeaeeieeeeeeeeeeeeeeeeeeeeeee
Signature of Nota Public
CAPACITY CLAIMED BY SIGNER:
Though statute does not require the notary to fill in the data below,
doing so may prove invaluable to persons relying on the document.
Individual(s)
Corporate Officer(s)
Tit1Cs
Partner(s)
X Attorney -in -Fact
Trustee(S)
Guardian/Conservator
Other:
Signer is represent
Limited
and
and
General
ATTENTION NOTARY: Although the information requested below is
optional, it could prevent fraudulent attachment of this certificate
to unauthorized document.
Title of type of document:
Number of pages:
Date of document:-
Signer(s) other than named above: none
Bond
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUJM T DESCRIBED ABOVE.
Ius/lemeae
POWER OF ATTORNEY OF
I MNITY COMPANY OF CALIFORNIA
AND DEVELOPERS INSURANCE COMPANY N2244966
P.O. BOX 19725, IRVINE, CA 92713 • (714) 263-3300
NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March, 1996.
2 This Power of Attorney is void if altered or if any portion is erased.
3. This Power of Attorney is void unless the seal is readable, the text is in brown Ink, the signatures are in blue ink and this notice is in red ink.
4. This Power of Attorney should not be returned to the Attorney(s)-in-Fact, but should remain a permanent part of the obligee's records.
KNOW ALL MEN BY THESE PRESENTS, that, except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each
severally, but not jointly, hereby make, constitute and appoint
***Jay P. Freeman, Richard P. Crean, John M. Schack, Kelly A. Saitman, jointly
or severally*
the true and lawful Attorney(s)-In-Fact, to make, execute, deliver and acknowledge, for and on behalf of each of said corporations as sureties, bonds, undertakings and contracts of
suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) in any single undertaking; giving and granting unto said Attorney(s)-In-Fact full
power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of
said corporations full power of substitution and revocation; and all of the acts of said Attorney(s)-In-Fact, pursuant to these presents, are hereby ratified and confirmed.
The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship:
Bank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of installment paper, note guarantee bonds, bonds on financial institutions, lease
bonds, insurance company qualifying bonds, self -insurer's bonds, fidelity bonds or bail bonds.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY
COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24,1986:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney,
qualifying the attorney(sl named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assis-
tant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of
Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or
contract of suretyship to which it is attached.
IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec-
tive Presidents and attested by their respective Secretaries this tat day of April, 1993.
INDEMNITY COMPANY OF CALIFO�RN�IA DEVELOPERS INSURANCE CO"F.
MPANY6y Ntµ , .,M.l[P.l(.!Fr ByDan F. Vincenti, Jr. President p n^ P�' NFORq�4'
,{ eV0 art, n 1R,PcoP Rr�c^
ATTEST � acr q o � o� MaN 2T a o
///1/A1I //l �/ /���y/]/ ,y 1961 ATTEST
13Y V vlzo I ✓_� B
Y
Walter Crowell Walter Crowell
Secretary Secretary
STATE OF CALIFORNIA)
1 SS.
COUNTY OF ORANGE 1
On July 15, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared Dante F. Vincenti, Jr. and Walter A. Crowell, per-
sonally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as President and Secretary on
behalf of Indemnity Company of California and as President and Secretary of Developers Insurance Company, the Corporations therein named, and acknowledged
to me that the corporations executed it.
WITNESS my hand and official seal. 7
Signature
d -
Notary
Public
OFFICIAL SEAL
J.ALVARADO
COMM. #1023169
NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
aMy
Commission Exp. Apr. 17, 1998
CERTIFICATE
The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby
certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective
Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, this 14TH day of FEBRUARY _1996
INDEMNITY COMPANY OF CALIFORNIA q�P AMY oA DEVELOPERS INSURANCE COMPANY et1JaU d
{O CePPOR4l C+ 4.P4UPp0 �t'Fn^
BY w By / 1 . //�_
1961 - 19]p
L.C. Ftebiger ♦ a L.C. Nein v*�
Senior Vice President ti �lrFOPP��J Senior Vice President
10-310 REV. 1/95
AMEBIC'
}
STATE OF CALIFORNIA }ss.
COUNTY OF
personally appeared
, personally known to me
(orprovedrto me OR the ) to be the person(s) whose nameX is/a,pd
subscribed to the within instrument and acknowledged to me that he/sVelth'0 executed the same
in his4r/th�ir authorized capacity(ig./s), and that by his/lor/t�Ar 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
2 � �'�C0111l► N
(This area for official notarial seal)
Title of Document
Date of Document I oZ ' / 7 j`4 No. of Page
Other signatures not acknowledged_ Z?
3008 (1194) (General)
First American Title Insurance Company
FIRST TERMPREMIUM FULLY EARNED
EXECUTED IN TRIPLICATE
BOND NO.3SM 806 223 00
KNOW ALL MEN BY THESE PRESENTS PREMIUM$5,870.00/ 2 YEARS
That we, GLENDALE FEDERALBANK FEDERAL principal, and AMERICAN MOTORISTS INSURANCE COh
_ a Corporation, created, organized, and existing and by virtue of the laws of the State of ILLINOIS
_, duly licensed to transact a general surety business in the State of California, as Surety, are held
and firmly bound to the CAPISTRANO VALLEY WATER DISTRICT, State of California, in the sum of
FIVE HUNDRED EIGHTY SEVEN THOUSAND & N0/100 DOLLARS, lawful money of the United States
of America, to be paid to the said District, for which payment, well and truly to be made we bind
ourselves, our heirs, executors and successors, jointly and severally. ($587,000.00)
THE CONDITION OF THE FOREGOING OBLIGATION is such that whereas the above bounden Principal
has agreed to do and perform the following, to -wit:
Construct and install all of the water facilities pursuant to Agreement for Construction of Water
Facilities entered into on , 199_, by and between CAPISTRANO VALLEY WATER
DISTRICT, and PRINCIPAL , a copy of which is attached hereto and made a
part hereof. WATER, TRACT 13865
NOW, THEREFORE, the condition of this obligation is such that if the bounden Principal shall, to the
satisfaction of the CAPISTRANO VALLEY WATER DISTRICT faithfully and properly perform all of the
work described in said Agreement and in accordance with the plans and specifications approved for
said work and shall pay all sums due for all damages suffered by said District by reason of faulty or
defective work or the carelessness or negligence of said Principal and for the completion of any work
not satisfactorily or properly performed in accordance with the Agreement between District and
Principal, and guarantee all work for a period of one year after acceptance in accordance with said
Agreement, then, at the expiration of said guarantee period, this obligation shall be null and void,
otherwise to remain in full force and effect.
IN WITNESS WHEREOF said Principal and Surety have caused this bond to be executed by their
officers thereunto duly authorized this _L day of 1ANUA?1995 .
GLENDALE FEDERAL BANK, FEDERAL SAVINGS BANK, A
UNITED $TEES COFF6 ATION
(SEAL) By
- ✓. P
INSURANCE COMPANY
(SEAL) By _
Attorney In,Pact KIPTON KELLER
The premium on this bond is Mailing Address of Surety:
$5,870.00/ 2 YEARS 7470 N. FIGUEROA ST.
LOS ANGELES, CA 90041
(Executed in Triplicate)
CALWORN1A ALL-PURPOSACKNOWLEDGMENT No 5907
State of CALIFORNIA
County of LOS ANGELES
C
On
DATE
before me,RIOERLY A. BADARACCO, A NOTARY PUBLIC
NAME. TITLE OF OFFICER . E.G., 'JANE DOE. NOTARY PUBLIC'
personally appeared KIPTON ULLER
NAME(SI OF SIGNER(S) '
personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
.............. B............... capacity(ies), and that by his/her/their
COMM. N965838
c signature(s) on the instrument the person(s),
H
-�
norasvPusuc-
uAUFaaNIA or the entity upon behalf of which the
osaecrtEs COUMay 6 n aa-.
May , person(s) acted, executed the instrument.
My Comm cxpnes M
WI ESS my a an icial seal.
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TmE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTnY(IES)
AMERICAN MOTORISTS
INSURANCE COMPANY
DESCRIPTION OF ATTACHED DOCUMENT
BOND
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave.. P.O. Box 7184 • Canoga Park. CA 91309-7184
CALIFORtUA ALL-PURPOSE ACKNOWLEDGMENT
State Of CALIFORNIA
County Of LOS ANGELES
On Q6 before me, BEVERLY SEGER, A NOTARY PUBLIC
ATE NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC'
No. ENT
personally appeared RICHARD H. CURTIS, JR.
NAME(S) OF SIGNER(S)
U personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
sionature(s) on the instrument the person(s),
`' BEVERLYSEGtit '� or the entity upon behalf of which the
Cc nm.#9EGA55 § person(s) acted, executed the instrument.
® NOTARY PUBUC•CAUiORN{q `•!
3 � • J�
�• lo; Mgeles CWnityy
,r Ay Comm. Exchos Mar.3, 39'1'7 +
WITNESS my hand and official seal.
SIGNA UR OF NOTARY
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
Q CORPORATE OFFICER
VICE PRESIDENT
TmE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTrTY(IES)
GLENDALE FEDERAL BANK
DESCRIPTION OF ATTACHED DOCUMENT
2
1/9
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
KIPTON KELLER, ATTORNEY
SIGNER(S) OTHER THAN NAMED ABOVE
07993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184
ICemrea„
AMERICAN MOTORISTS INSURANCE COMPANY
Home Office: Long Grove, IL 60049
POWER OF ATTORNEY
Know All Men By These Presents:
That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of
Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint
Kipton Keller of Los Angeles, California
its true and lawful agent(*) and attorney(a)-in-fact, to make, execute, seal, and deliver during the period
beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on
its behalf as surety, and as its act and dead:
Any and all bonds and undertakings provided the amount
of no one bond or undertaking exceeds TWO MILLION FIVE
HUNDRED THOUSAND DOLLARS ($2,500,000.00)
EXCEPTION: NO AUTHORITY is granted to make, execute, pal and deliver any bond or undertaking which guarantees the
payment or collection of any promissory note, check, draft or letter of credit.
This authority does not Permit the sane obligation to be split into two or more bonds in order to bring each such
bond within the dollar limit of authority as set forth herein.
This appointment my be revoked at any time by the American Motorists Insurance Company.
The execution of such bonds and undertakings in Pursuance of these presents shall be as binding upon the said
American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly
executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois.
THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997.
This Power of Attorney is executed by authority of a resolution adopted by the Executive Committes of the Board of
Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a
true and accurate copy of which is hereinafter pt forth and is hereby certified to by the undersigned Secretary as
being in full force and effect:
-VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in
writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and
attorneys -in -fact, and to authorize then to execute on behalf of the Company, and attach the seal of the Company
{hereto, bonds and undertakings, reeognizeness, contracts of indemnity and other writings, obligatory in the nature
thereof, and any such officers of the Company my appoint agents for acceptance of Process. -
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following
resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and
held on the 23rd day of February, 1988:
-VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the pal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed Pursuant to
resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so
executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continua to be
valid and binding upon the Company."
In Testimony Whereof, the American Motorists Insurance Company hes caused this instrument to be signed and its
corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 .
Attested and Certified:
r
W. A. Grauzas,
Z
(OVER)
AMERICAN MOTORISTS INSURANCE COMPANY
Z -)6" %-�
J. S. Kemper, III, Exec. Vice President
STATE OF ILLINOIS SS
COUNTY OF LAKE
I, Irene Klewer, a Notary Public, do hereby certify that J. S. Kemper, III and W. A. greuzas personally known
to me to be the same persons whose names are respectively as Exec. Vice President and Secretary of the American
Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument,
appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed,
sealed with the corporate seal and delivered the said instrument as the from and voluntary act of said corporation
and as their own free and voluntary act for the uses and purposes therein sat forth.
My commission expires: 1-28-98
4 "OFFICIAL SEAL" P.
A Irene Klewer ►
4 Notary Public, State of Illinois ►
4 My Commisslos Expires 1129199 ►
CERTIFICATION
Irene Klewer, Notary Public
I, N. J. Zarada, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power
of Attorney dated January 1, 1994 on behalf of the perso(s) as listed on the reverse side is a
true and correct copy and that the same hes been in full force and effect since the date thereof and is in full
force and effect on the date of this certificate; and I do further certify that the said J. S. Kemper, III and W. A.
grauzas who executed the Power of Attorney as Exec. Vice President and Secretary respectively ware on the date
of the execution of the attached Power of Attorney the duly elected Senior Vice President and Secretary of the
American Motorists Insurance Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American
Motorists Insurance Company on this 9TH day of JANUARY , 1995
N.J.Zarsda, Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named
therein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
FM 836-5 6-92 1M PRINTED IN U.S.A.
Power of Attorney - Term
FIRST TERM $0EMIUM FULLY FA►1dt` M •
EXECUTED IN TRIPLICATE
BOND NOASM 806 223 00
KNOW ALL MEN BY THESE PRESENTS PREMIUM$5,870.00/ 2 YEARS
That, c.E Nva L 4FEDER�ALA ED�EQR� Ire Principal, and AMERICAN MOTORISTS INSURANCE COMPAN
_ a Corporation, created, organized, and existing and by virtue of the laws of the State of ILLINOIS
duly licensed to transact a general surety business in the State of California, as Surety, are held
and firmly bound to the CAPISTRANO VALLEY WATER DISTRICT, State of California, in the sum of
FIVE HUNDRED EIGHTY SEVEN THOUSAND & N0/100 DOLLARS, lawful money of the United States
of America, to be paid to the said District, for which payment, well and truly to be made we bind
ourselves, our heirs, executors and successors, jointly and severally. ($587,000.00)
THE CONDITION OF THE FOREGOING OBLIGATION is such that whereas the above bounden Principal
has agreed to do and perform the following, to -wit:
Construct and install all of the water facilities pursuant to Agreement for Construction of Water
Facilities entered into on . 199_, by and between CAPISTRANO VALLEY WATER
DISTRICT, and PRINCIPAL , a copy of which is attached hereto and made a
part hereof. WATER, TRACT 13865
NOW, THEREFORE, the condition of this obligation is such that if the bounden Principal shall, to the
satisfaction of the CAPISTRANO VALLEY WATER DISTRICT faithfully and properly perform all of the
work described in said Agreement and in accordance with the plans and specifications approved for
said work and shall pay all sums due for all damages suffered by said District by reason of faulty or
defective work or the carelessness or negligence of said Principal and for the completion of any work
not satisfactorily or properly performed in accordance with the Agreement between District and
Principal, and guarantee all work for a period of one year after acceptance in accordance with said
Agreement, then, at the expiration of said guarantee period, this obligation shall be null and void;
otherwise to remain in full force and effect.
IN WITNESS WHEREOF said Principal and Surety have caused this bond to be executed by their
officers thereunto duly authorized this 9 day of JANUARY995 .
GLENDALE FEDERAL BANK, FEDERAL SAVINGS BANK, A
UNITED/STATES COWORATION
(SEAL) By
INSURANCE COMPANY
(SEAL) By _
Attorney In
The premium on this bond is Mailing Address of Surety:
$5,870.00/ 2 YEARS 7470 N. FIGUEROA ST.
LOS ANGELES, CA 90041
(Executed in Triplicate)
CALIFORNIA ALL•PURPOSACKNOWLEDGMENT • Na. 5947
State of CALIFORNIA !
County of LOS ANGELES
On before me,KIM MMY A. BADARACCO, A NOTARY PUBLIC
DATE NAME. TITLE OF OFFICER - E.G.. 'JANE DOE. NOTARY PUBLIC
personally appeared KIPTON REELER
NAMEIS) OF SIGNER(S)
personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
"......... IMBERLV A BABARACCO•. or the entity upon behalf of which the
coMM. #965838 person(s) acted, execute the instrument.
-� NOTARY PUBLI6 - CALIFORNIA
2 LOS ANGELES COUNTY /`
My Comm E47May . .. .. WITM dcJS my
•••••••••••'•"° I)I1 and ffi al seal.
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
L—% ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(ES)
AMERICAN MOTORISTS
INSURANCE COMPANY
DESCRIPTION OF ATTACHED DOCUMENT
BOND
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
®1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave.. P.O. Box 7184 • Canoga Park. CA 91309-7184
r
CALIFORNIA ALL-PURPOSE ACKNOW F^CMENT
State of CALIFORNIA
County of LOS ANGELES
r
On before me, BEVERLY SEGER, A NOTARY PUBLIC
DA E NAME, TITLE OF OFFICER - E.G.. 'JANE DOE. NOTARY PUBLIC
No. 5907
personally appeared RICHARD H. CURTIS, JR.
NAME(S) OF SIGNER(S)
U personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
,r signature(s) on the instrument the person(s),
rBEVERIY SEGER-
¢ "- or the entity upon behalf of which the
NOTARY PUOUC CAUFOW
a Los Angak5Ca:npI person(s) acted, executed the instrument.
6'Y Comm. Was Mar. 3,1947 -+
WITNESS my hand and official seal.
SIGIATURE OFINOTARY
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
II CORPORATE OFFICER
VICE PRESIDENT
TITLFI3)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTrIY(IES)
GLENDALE FEDERAL BANK
DESCRIPTION OF ATTACHED DOCUMENT
2
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
5
DATE OF DOCUMENT
KIPTON KELLER, ATTORNEY
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Boz 7184 - Canoga Park, CA 91309-7184
FIRST TERAREWUM FULLY FAIR
EXECUTED IN TRIPLICATE
BOND NO.3SM 806 223 00
KNOW ALL MEN BY THESE PRESENTS- PREMIUM$5,870.00/ 2 YEARS
That we, GLENDALE FEDERAL BANK, FEDERAL s Principal, and AMERICAN MOTORISTS INSURANCE COMPAN'
S&V�IiCS SAAIIr, *"y STAC6S COR! p ILLINOIS
_ a Corporation, created, organized, and existing and by virtue of the laws of the State of
_, duly licensed to transact a general surety business in the State of California, as Surety, are held
and firmly bound to the CAPISTRANO VALLEY WATER DISTRICT, State of California, in the sum of
FIVE HUNDRED EIGHTY SEVEN THOUSAND & NO/100 DOLLARS, lawful money of the United States
of America, to be paid to the said District, for which payment, well and truly to be made we bind
ourselves, our heirs, executors and successors, jointly and severally. ($587,000.00)
THE CONDITION OF THE FOREGOING OBLIGATION is such that whereas the above bounden Principal
has agreed to do and perform the following, to -wk:
Construct and install all of the water facilities pursuant to Agreement for Construction of Water
Facilities entered into on , 199_, by and between CAPISTRANO VALLEY WATER
DISTRICT, and PRINCIPAL a copy of which is attached hereto and made a
part hereof. WATER, TRACT 13865
NOW, THEREFORE, the condition of this obligation is such that if the bounden Principal shall, to the
satisfaction of the CAPISTRANO VALLEY WATER DISTRICT faithfully and properly perform all of the
work described in said Agreement and in accordance with the plans and specifications approved for
said work and shall pay all sums due for all damages suffered by said District by reason of faulty or
defective work or the carelessness or negligence of said Principal and for the completion of any work
not satisfactorily or properly performed in accordance with the Agreement between District and
Principal, and guarantee all work for a period of one year after acceptance in accordance with said
Agreement, then, at the expiration of said guarantee period, this obligation shall be null and void;
otherwise to remain in full force and effect.
IN WITNESS WHEREOF said Principal and Surety have caused this bond to be executed by their
officers thereunto duly authorized this 9 day of JANU41995 .
PRINCJ :GLENDALE FEDERAL BANK, FEDERAL SAVINGS BANK, A
UNDITE AT S RPORATION
(SEAL) By .�C
lel a e� //. CG 'Ce 45
SURETY: AMERIC N MOTORISTS INSURANCE COMPANY
(SEAL) By
Attorney In Fact PTON KELLER
The premium on this bond is Mailing Address of Surety:
$5,870.00/ 2 YEARS 7470 N. FIGUEROA ST.
LOS ANGELES, CA 90041
(Executed in Triplicatel
C�1li1FORNIA ALL-PURPOSACKNOWLEDGMENT _ • No 5907
State of CALIFORNIA ?
County of LOS ANGELES
(�
On before meA MBERLY A. BADARACCO A NOTARY PUBLIC
DATE NAME. TITLE OF OFFICER - E.G.. 'JANE DOE. NOTARY PUBLIC'
personally appeared RIPTON KELLER
NAME(S) OF SIGNERS)
Ex personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
-... KIMBERLY A.BADARA000 signature(s) on the instrument the person(s),
-' u oMM X965836 or the entity upon behalf of which the
NOTARY P�euc CALIIoT n 2 person(s) acted, execute the instrument.
?� Los i.NCELLs �uNrr
pAY Comm ...... E ��
`-- WIf SS my hoq2d ff' ial seal.
SIGNATURE OF NOTARY
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
TnLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIANICONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR EN7I7V9IES)
AMERICAN MOTORISTS
INSURANCE CONPANY
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
®7993 NATIONAL NOTARY ASSOCIATION - 8235 Rernmet Ave.. P.O. Bax 71 B4 • Canoga Park. CA 91309-7184
r
I
BOND NO. 11132799237
PREMIUM_i'Z)2Z1UUU
KNOW ALL MEN BY THESE PRESENTS:
That We, LUSK-SAN JUAN a Division of The Lusk Company
as Principal, and The American Insurance Company
a Corporation, created, organized, and existing and by virtue of the laws of the
State of New Jersey , duly licensed to transact a general surety
business in the State of California, as Surety, are held and firmly bound to the
CAPISTRANO VALLEY WATER DISTRICT, State of California, in the sum of
Five hundred eighty seven thousand ($587,000) DOLLARS,
lawful money of the United States of America, to be paid to the said District, for
which payment, well and truly to be made we bind ourselves, our heirs, executors
and successors, jointly and severally.
THE CONDITION OF THE FOREGOING OBLIGATION is such that whereas the
above bounden Principal has agreed to do and perform the following, to -wit:
(Tract 13865)
Construct and install all of the water facilitiesApursuant to Agreement
for Construction of Water Facilities entered into on
19—, by and between CAPISTRANO VALLEY WATER DISTRICT, and
LUSK-SAN JUAN a Division of The T k (-nmpa
a copy of which is attached hereto and made a part hereof.
NOW, THEREFORE, the condition of this obligation is such that if the bounden
Principal shall, to the satisfaction of the CAPISTRANO VALLEY WATER DISTRICT
faithfully and properly perform all of the work described in said Agreement and in
accordance with the plans and specifications approved for said work and shall pay all
sums due for all damages suffered by said District by reason of faulty or defective
work or the carelessness or negligence of said Principal and for the completion of
any work not satisfactorily or properly performed in accordance with the Agreement
between District and Principal, and guarantee all work for a period of one year after
acceptance in accordance with said Agreement, then, at the expiration of said
guarantee period, this obligation shall be null and void; otherwise to remain in full
force and effect.
IN WITNESS WHEREOF said Principal and Surety have caused this b nd to be
executed by their officers thereunto duly authorized this / day of
�19THE LUSK COMPANY
a California corporation
PRINCIPAL (LUSK-SAN JUAN DIVISION)
By: A //— Ail /�- Vlcr r'�mtdOflf--
(SEAL) By —SwWary
SURETY The Insurance Company
(SEAL) By f /
AttorneyIff Fact
MICHAEL C. MCDONALD
The premium on this bond is
( Executed in Triplicate)
Mailing Address of Surety:
17542 E. 17th St. Suite 202
TUSTIN, CA 92680
714/669-7624
, � v
CALWORN! A ALL-PURPOSE ACKNOWLEDGMENT No.sar
State of CALIFORNIA
County of LOS ANGELES
On before me, _BEVERLY SEGER. A NOTARY PUBLIC
DATA NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC'
personally appeared RICHARD H. CURTIS, JR.
NAME($) OF $IGNERIS)
19 personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
�. 1 BEVERLY SEGO signature(s) on the instrument the person(s),
ani ccTm09t 455 or the entity upon behalf of which the
a - NOTARYPUBUC CAUFyCW
A11 y Com3MaMaz�3,1997 person(s) acted, executed the instrument.
WITNESS my hand and official seal.
SIGN TURE OF NO ARY
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
R9 CORPORATE OFFICER
VICE PRESIDENT
TITLEIS)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIANtCONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENITYQES)
GLENDALE FEDERAL BANK
DESCRIPTION OF ATTACHED DOCUMENT
2
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
5
DATE OF DOCUMENT
KIPTON KELLER, ATTORNEY
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION - 11236 Remmet Ave., P.O. Box 7184 -Canoga Pent, CA 91309-7184
ATTORNEY IN FACT ACKNOWLEDGMENT
STATE OF CALIFORtft ww,�s
v��io ..... ss.
County of ......... ........ r,/�� oI
On ti tL day of 11 ►?fC_ ........................ in the year /�.(._6.... ......................, before me, a Notary Public in and for said
_. ... __................._lt.i _,_....... ........... ............County, State of California, residing therein, duly commissioned and sworn, personally
appeared ...................SMCRAEL ..C.....MCDO.III.ALD ...__......_......_ personally known to me, 1 roved to me o he b iy, of�e �qtory evidence
to be the person whose name is subscribed to this instrument as the attorney in fact of .THE AMEPtICAN INSU��NC b��rNiYl
and adknowledged to me tb�he E) she subscribed the name of .. TtjE ..AMERICAN INSNi3AME Co"2.M.Y.............. ...... ........ ...thereto as
surety, and phis ❑ her own name as attorney in fact.
@L WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the d rand stated in th* erti t above. s
asowa—,-aa
01 1
CAT. NO. NNO0737
TO 1945 CA (8-84)
(Corporation)
STATE OF CALIFORNIA
COUNTY OF Ora nap 1
On
said
No y Public
My commission expires ..........
J TICOR TITLE INSURANCE
before me, the undersigned, a Notary Public in and for
personally known to me or proved to me on the basis
of satisfactory evidence to be the person who executed
the within instrument as the
President, and Richard T. De1h1
personally known to me or
proved to me on the basis of satisfactory evidence to be
the person who executed the within instrument as the
Secretary of the Corporation
that executed the within instrument and acknowledged
to me that such corporation executed the within instru-
ment pursuant to its by-laws or a resolution of its
board of directors.
WITNESS my b d^an_d official /seal.
Signature :-�/��ell
(This area for official notarial sea])
GENERAL
ATTORNEY THE AMERICAN INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation duly organized and existing under the laws of
the State of New Jersey, and having its principal office in the City of Parsippany, State of New Jersey, has made, constituted and appointed, and does by these
presents make, constitute and appoint
-----MICHAEL C. McDONALD-----
its troe and lawful Attomey(s)-in-Fact, with full power and authority herebymnftsred in its name, place and stead, to execute, seal, acknowledge and deliver any
and all bonds, undertaking. recognizance; or other written obligations in the nature thereof ------------------------------------
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the
Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Atu ney(s)-in-Fact may do in the premises.
This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full forte and
effect.
"ArOde VH. Appogranent andAntiodry ofReddeot Secretaries, Ancrvays4n Fut send Agents to sompt Legal Process and Make Appestrim s.
Section 45. Appointment. The Chairman of the Board of Directors, the President, tory Vise-Presidmt or any other person authorized by the Board of
Directors, the Chairman of the Board of Directors, the President or asp Via -President my, from time to time, appoint Resident Assistant Secretaries and
Attorneys -ie -Fut to represent and ad for and on behalf of the Corporations std Agents to accept legal process and make appearances for and on behalf of the
Coeporwas.
Seetlon 46. Asthaft The authority of such Resident Assistant Seereariu, Attorneys -la -Fact and Agents shall bees prescribed is the astrumest evkleoeing
thetrappolstment. Any such appointment and all authority granted thereby may be evoked at any time by the Board of Directors or by any person empowered to
make each appointment
This power of attorney is signed and scaled under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN
INSURANCE COMPANY at a mining duly called and held on the 31st day of July, 1984, and said Resolution has not been amended or repealed:
"RESOLVED, that the signature of any Via -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this
Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attomM or on any certificate relating thereto, by facsimile,
and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile sea] shall be valid and binding
upon the Corporation"
IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has mused these presents to be signed by its Vice-president, and its corporate seal to
bebereuntoaffixed this 25th dayof January -'19 88
THE AMERICAN INSURANCE COMPANY
W i
NR'Cp�
By
STATE OF CALIFORNIA ( a
COUNTY OF MARIN
Onthis 25th dayof January 1 ,1988 ,t finem,persouWIy came R. D. Farnsworth
to me known, who, being by me duly sworn, did depose and say: that he is Vice -President of THE AMERICAN INSURANCE COMPANY, th,
described in and which executed the above instrument; that he knows the sal of said Corporation; that the seal affixed to the said instrument is s
seal; that it was in, affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written.
Mnuuurmsnnnnnnutunnunuuunnnuuu� ,.
OFFICIAL SEAL g
NOTARY
K. GILB-CAW RT
w NOtAAY l+UBUC • CAusogMA N„a,r. Poetic
=
Principal Office in Abrin county
My cmnminion Easiest Mor. 17.1988 C
jumumm�nnouuumuuunnnnnunursuu� CERTIFICATE
STATE OF CALIFORNIA 8161
COUNTY OF MARIN I
I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEW JERSEY Corporation, DO HEREBY CERTIFY that
the foregoing and attached POWER OF ATTORNEY remains in fug fora and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the
By -taws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, ere now in force.
Signed and am' ed at the County of Mario. fated the day of , 19—
INCE CO,,
a.ramt,teamt Smwwr
36MI —74-11-67