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2005-748548RECORDING REQUESTED SY DO CC # 2006--0748548 When Recorded Mail To: ) U 531, 200 3;48 P OFFICIAL REI:ORDS, District Clerk ) SAN DIEGO COUNTY RECORDER'S OFFI E GREi f=l`i t,i, SMITH: COUNTYREC:URDER San Dieguito Water District ) FFB: uo SU5 South. Vulcan Ave. ) i PAGE j i ! i- Encinitas, CA 92024 )Ili lll! i~ illy Illl lll~lll1~~ Illllllll ~lll ►~l For the Benefit of the District NOTICE OF COMPLETION Assessor's Parcel Nos. 258-251-02,03,04 Agreement No. A-0062 1. Newcrest Homes, A California. Corporation, on the 9th day of December, 2002, entered into an "Improvement Agreement Regarding Water 'Facilities" with the San Dieguito Water District. The Agreement detailed the requirements for the construction' and installation of 2 new fire hydrants, new services and appurtenances, within the road known as Nobel Court in the City of Encinitas. ti 2. Said Covenant, including the plans and specifications for said improvements; is on file in the Office of the Clerk of the Board of Directors: 3. Said improvements were completed by the owners and accepted by the San Dieguito Water District Board of Directors on the 24th day of August, 2005. 4. Subdivision Bond No. B34228692 from Gulf Insurance Company in the amount of $42,000.00 may be released at this time. The District will retain Cash in the amount of $14,000.00, which shall be released at the end of the one-year warranty period. 5. All requirements of said Agreement have hereby been satisfied except for warranty. 6. Neither acceptance of said improvements by the Board of Directors nor this Notice constitute a waiver of any defects in the work of the construction or installation of said improvements. SAN DIEGiJITO WATER DISTRICT Phil Cotton General Manager VERIFICATION OF BOARD' CLERK CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California t ss. County of t On before me, ~ - , Dat ~dC/ V~/. t/L~ Name and Title of Officer (e.g., ..Jane Doe. personally appeared `X/ )ywv__ Namo(s) of Signer(s) CLAWA _ ~ IAIYI Cwwnk*wi lmy htft ! 1446p5q No IOt San Dh4P C V* ONO- * ca"M bpw od I a. A personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(so whose name(< is/afe subscribed to the within instrument and acknowledged to me that 4e/she/t4ey executed the same in Its/her/t*& authorized capacity(*2), and that by 4s/her/tom signature(d) on the instrument the person(g), or the entity upon behalf of which the person(,} acted, executed the instrument. IT SS my hand, and ffi ial se OPTIONAL Signature of Notary P blic 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 D cument UL~ Title or Type of Document: II~- I~G1'L~ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.nationalnotaryorg Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 OiJ August 25, 2005 Gulf Insurance Company 110 West "A" Street Suite 1805 San Diego, CA 92101 Re: Release of Subdivision Bond No. B34228692 Held for Security for Water Improvements for a Subdivision Developed by Newcrest Homes, Agreement No. A-0062 To Whom It May Concern: Water improvements constructed by Newcrest Homes for a project located at-Nobel Court in Encinitas, CA have been completed to the satisfaction of the San Dieguito Water District. Therefore, the District has determined that Subdivision Bond No. B34228692 in the amount of $42,000.00 may be released at this time. If you have any questions, please call me at (760) 633-2862. Sincerely Gary Lee F Assistant Engineer Enclosure t~ eleased to . t' Print Name s Date recycled paper Gulf Insurance Groupg` Aml dcRARw Bond No.: B34228692 Initial Premium: $840.00 For the Term of Two Years Subject to Renewal. SUBDIVISION IMPROVEMENTS PERFORMANCE BOND KNOW ALL PEOPLE BY THESE PRESENTS: That we, Newcrest Homes as Principal, and Gulf Insurance Company, as Surety, are held and firmly bound unto San Dieguito Water District as Obligee, in the sum of Forty two thousand 00/100"** `42,000.00 Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal, as a condition of the filing of the final subdivision map of (Tract/ Parcel) Map No. 00-256/Water District Bond/Nobel Court entered into an agreement or agreements with said Obligee to complete the improvements specified in said agreement or agreements. NOW THEREFORE, the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement or agreements during the original term thereof or of any extension, of said term that may be granted by the Obligee with or without notice to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact on February 7 2003 Newcrest Horn Gulf Insurance Company By: Y: th E. Sandrock , Attorney-in-Fact 110 West "A Street Suite 1805 San Diego CA 92101 STATE OF California SS COUNTY OF Orange On February 7, 2003 before me, Natalie Caicedo PERSONALLY APPEARED Keith. E. Sandrock 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 acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS Signature NATALIE CAICEDO C] COMM. # 1297799 10my Notary Public • California ORANGE COUNTY Comm. Expires OCT. 12, 2003 This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL X±k ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) _ GuTInSurance Company. SIGNER(S) OTHER THAN NAMED ABOVE )0-081 Rev. 6/94 ALL-PURPOSE ACKNOWLEDGEMENT Lysandra Oliver Natalie Caicedo w R i li ui,? r and _u_ut, ity heneov nfp3w_ a na P AO in 0 .r-tl vc E ~ F~lt ,h t _ f ~1 ::-f{.~, 4 {..ai tF 7 !)J em Ax~ { 't ~I GU v,,{ T v .IR 7vi; lh PP y T! v, -1 of mo limp SNH no emna he MW MOMIN) Wom 1~ WE% Me SUN wswame company has caused Mue Pmwis tube ogn 11 sw ad by r. wd Me Compaq A 1 kv~, A i W 1~3 ~ lot EEC-" S _'AL E. , l.v i j fs Ji t ~ ski aM uib tc ®o agstn.m is eu Ih, A;, imer. , i., 7 February 03 i ' ' IndyMac Bank. Homebuilder Division June 7, 2004 San Dieguito Water District 505 South Vulcan Avenue Encinitas, CA 92024-3633 Attn: Debbie Geishart Engineering Dept. ~JOBEL(~)Ji2f_( gEfL^cIE~V W rrW CASE-k L Re: Irrevocable Standby Letter of Credit #00057 in the amount of $14,000.00 issued San Dieguito Water District on behalf of NEWCREST HOME, guaranteeing the completion of the Water System Security on the Project called "Nobel Court" (copy attached) Loan #52-4920001. Dear Debbie, We previously notified your office that the above Letter of Credit would mature on May 25, 2004 and will not be extended. Please forward the original copy of the subject Irrevocable Standby Letter of Credit to: IndyMac Bank, F.S.B. 3465 East Foothill Blvd. Mail Code FHO1-09 Pasadena, CA 91107 Attn: Aurora Dichosa Your Expeditious response to this request will be greatly appreciated. Thank you and please contact the undersigned at (800) 669-2300, Ext.4464 or direct number of (626) 535-4464. for any questions regarding the above. Sincerely, Auro a ichosa Sr. oan Administrator/Supervisor Indyl~/aC `Bank. Homebu lder DhAvloli IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER 00057 LETTER OF CREDIT AMOUNT ISSUE DATE EXPIRY DATE $14,000.00 February 19, 2003 May 25, 2004 BENEFICIARY: SAN DIEGUITO WATER DISTRICT 505 SOUTH VULCAN AVENUE ENCINITAS, CA 92024-3633 GENTLEMEN: APPLICANT: NEWCREST HOMES 961-A CALLE AMANECER SAN CLEMENTE, CA 91673 WE HEREBY OPEN OUR IRREVOCABLE STANDBY LETTER OF CREDIT IN YOUR FAVOR FOR THE ACCOUNT OF THE ABOVE REFERENCED APPLICANT IN THE AGGREGATE AMOUNT OF USD $14,000.00 (FOURTEEN THOUSAND AND N01100) WHICH IS AVAILABLE BY PAYMENT OF YOUR DRAFT(S) AT THE SIGHT DRAWN ON OURSELVES WHEN ACCOMPANIED BY THE FOLLOWING DOCUMENT: A STATEMENT PURPORTEDLY SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE SAN DIEGUITO WATER DISTRICT STATING THAT: NEWCREST HOMES HAS FAILED TO COMPLETE THE WATER SYSTEM SECURITY AS OUTLINED IN THE LETTER FROM THE SAN DIEGUITO WATER DISTRICT DATED FEBRUARY 5, 2003. THIS IRREVOCABLE LETTER OF CREDIT SETS FORTH IN FULL TERMS OF OUR UNDERTAKING. THIS UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, AMENDED, AMPLIFIED OR. INCORPORATED BY REFERENCE TO ANY DOCUMENT OR CONTRACT REFERRED TO HEREIN. WE HEREBY AGREE WITH YOU THAT DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS CREDIT SHALL BE DULY HONORED IF PRESENTED TOGETHER WITH DOCUMENT(S) AS SPECIFIED ABOVE AND THE ORIGINAL OF THIS CREDIT, AT OUR OFFICE AT LOCATED AT INDYMAC BANK, F.S.B., 3465 E. FOOTHILL BLVD., FH-01-09, PASADENA, CA 91107, ATTN: HOMEBUILDER DIVISION, DRINDA COOK, CLOSING LOAN ADMINISTRATOR ON OR BEFORE THE ABOVE STATED EXPIRY DATE. DRAFT(S) DRAWN UNDER THIS CREDIT MUST SPECIFICALLY REFERENCE OUR CREDIT NUMBER. EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS, ESTABLISHED BY THE INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500 AND ARTICLE 5 OF THE UNIFORM COMMERICAL CODE, AS IN EFFECT ON THE DATE OF ISSUANCE OF THIS CREDIT. SINCERELY, A H D SIGNATURE IND C BANK., F.S.B. V/1 Ell CITY IF ENCINITAS CUSTONER RECEIPT E Batch ID: CANER 31271@53 80 Receipt no, 49067 tl r~ Tp Rv Dfn- ~ i ipf i?r. t)ty Amount if) m 00 MUM NENCREST 140I4ES NOBEL COUR, Trans number: -''i%5 1 DISTRICT S.RVIC DE ~5)i 6i~ cl 1~i(~ ~ Tender detail UK Reffi 40841 $1 MY 01, k o ~ Total tendered.- 11000 00.__ I Total payment: $1000.00 Trans date: '3126103 'rime: 1667:30