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1979-1105_BELFORD TERRACE_Maintenance & FInish Grading Bond No. 009098J r Bond No. 009098 ., • DIVISION OF BUILDING AND SAFET* Prem.Amt$2,880.00 CITY OF SAN JUAN CAPISTRANO MAINTENANCE & FINISH GRADING SURETY BOND XNOW ALL MEN BY THESE PRESENTS: That Belford Terrace as Principal, is held and firmly bound unto the Ci y of San ua Capistrano in the just and full sum of One hundred and slxt'y thousand & In/1(10------------------ OLLARS, for the payment of which, well and truly made, said Principal binds himself, his heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT, WHEREAS, the said Principal above named is 'applicant under Grading Permit No. of the City of San Juan Capistrano, California, for an excavation or fill of 250 yards or more, on the following described property: Tract #9382 City of San Juan Capistrano and: permiWHEREAS�6 'G„G, tip�ated cost of the work authorized by the is $NOW, THEREFORE, it is agreed that if the Principal shall: a) Comply with all the provisions of the San Juan Capistrano Grading and Excavation Code, "Ordinance No. 367, Article 2, Section 1 through 24 inclusive"; b) Comply with all the terms and conditions of the permit to the satisfaction of the Director of Public Works; -c) Complete all of the work contemplated under the said permit within the time limit specified in the permit, and any extension or extensions thereof; - d) Reimburse the City for any work the Division of Building and Safety deems necessary to complete, correct or otherwise under- take the work specified in the permit, or any work deemed necessary for the public safety, because of any failure on the part of the Principal, then this obligation shall be null and void; otherwise it shall remain in full force and effect. PROVIDED, HOWEVER, that the said surety, for value received, hereby stipulates and agrees that no changes, extension of time, alteration or modification of the permit or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the permit or of work to be performed thereunder; and PROVIDED, FURTHER, that in case suit is brought upon the bond by the City or any other person who may bring an action on this bond, a reasonable attorney's fee, to be fixed by the court, shall be paid by the Principal. IN WITNESS WHEREOF, the said Principal has caused thAOVeITlb2r presents to be duly signed and sealed this 5th day of 19 79 - Belford Terrace Principal By 9/78 Arthur J. Clement Jr. COVET MUTUAL INSURANCE COMPA• Hartford, Connecticut POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: ThatCOVENANT MUTUAL INSURANCE COMPANY, a corporation of the State of Connecticut, does hereby make, constitute and appoint ARTHUR J. CLEMENT JR. its true and lawful Attorney (s) -in -Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recog- nizances, consents of surety or other written obligations in the nature thereof, as follows: Any and ail bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof in an unlimited amount. and to bind COVENANT MUTUAL INSURANCE COMPANY thereby, and all of the acts of said Attorney (a) -in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following provisions of section 12 of the by-laws of the Company, which are now in full force and effect: From time to time the board may impose such additional duties and confer such further authority upon any or all of the officers as it may in its discretion determine including, without limitation or characterization, authority to execute by facsimile signature or facsimile signatures, and deliver or cause or authorize any duly appointed agent to deliver in the name and behalf of the corporation any policy, contract, bond, undertaking, consent of surety, recognizance, general or special power of attorney, certification, attestation, or other instru. ment, all with or without the seal of the corporation, but if under seal to evidence such seal by physical im- pression or by facsimile or by any other appropriate method. This power of attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Directors of COVENANT MUTUAL INSURANCE COMPANY at a meeting duly called and held on March 12, 1973: RESOLVED: Thatany bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when signed by the President or any Senior Vice President or Vice President and duly attested and sealed, if a seal is required, by any Secretary or Assistant Secretary or when signed by the President or any Senior Vice President or Vice President and countersigned and sealed, if a seal is required, by a duly authorized attorney-in-fact or agent; and any such bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when duly executed and sealed, if a seal is required, by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority granted by his or their power or powers of attorney. FURTHER RESOLVED: That the signature of any officer authorized by the by-laws and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature there. of; such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, COVENANT MUTUAL INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March, 1973. Attest: J, Assistant Secretary STATE OF CONNECTICUT ss: COUNTY OF HARTFORD COVENANT MUTUAL INSURANCE COMPANY Byr;&�I , Vice Pr-esididt On this 22nd day of March in the year 1973 before me personally came Francis W. Palfrey, Jr., and James E. Witkins to me known, who being by me duly sworn, did depose and say; that they reside in the State of Connecticut; that they are respectively Vice President and Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY, the corporation described in and which executed the above instrument; that they know the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of their office under the by-laws of said corporation, and that they signed their names thereto by like authority. 'tE r.:�� .. ,t �n... «-L. ✓ 1. %' (�.lirrcG� L�L� Noary Punic W �•� : n ; My commission expires March 31, 1978 P '•........."t i CERTIFICATION I, Vera C. Spitko, Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY certify that the foregoing power of attorney, the above -quoted provicons of Section 12 of the by-laws and the resolutions of the Board of Directors of March 12, 1973 have not been abridged or revoked and are now in full force and effect. Signed and sealed at Hartford, Connecticut, this 5th day of November 19 79 Assistant Secre y COVENT MUTUAL INSURANCE COMPANY SUBDIVISION IMPROVEMENT BOND FAITHFUL PERFORMANCE (CALIFORNIA) -1,1 I n �- Y Bond No. 006253 Initial Premium $ 72.00 KNO W ALL MEN B Y THESE PRESEN7 S, That BELFORD TERRACE as Principal and the COVENANT MUTUAL INSURANCE COMPANY, a Corporation organized and existing under the laws of the State of Connecticut and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CITY OF SAN JUAN CAPISTRANO , as Obligee, in the sum of FOUR THOUSAND AND NO/l 00**************** Dollars ($ 4,990.00 ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal on 19_ entered into a certain Agreement or Contract with the Obligee wherein the Principal agreed to complete the following improvements: SETTING OF MONUMENTS, SUBDIVISION TRACT NO. 9382. as more fully set forth in said Agreement. NOW, THEREFORE, if the Principal shall well and truly perform and fulfill all of the covenants, terms and conditions of the said Agreement, then this obligation shall be null and void; otherwise to remain in full force and effect. Provided, however: 1) That the consent of Surety shall be required for any extension of time to complete said improvements; 2) That no right of action shall accrue hereunder to or for the benefit of any person, firm or corporation other than the Obligee named herein. Signed, sealed and dated JANUARY 9 19-7$ . at • : sl�Tii air • e r (Executed in Triplicate) COVENANT MUTUA INSURANCEC M NY By Barbara Blumer, Attorney -in -Fact Address State of California County of Los Angeles ss. On this 9th day of .Tanuary 14 IR before me personally came BARBARA BLUMER to me known, who being by me duly sworn, did depose and say: that he is A#orney(s)-in-Fact of Covenant Mutual Insurance Company, the Corporation described in and which executed the foregoing instrument; that he know(s) the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that if was so affixed by authority granted to him in accordance with the By -Laws of the said Corporation, and that he signed his name thereto by like authority. IIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII F III ICIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIYY SEAL xq - -d Of MARVAVA J. LYNG = � (N ar ublic) L. ^.S FRC::_CB C( UNTY = My Commission Expires Sept. 29, 1980 e • 9 COVENANT MUTUAL INSURANCE COMPANY Hartford, Connecticut POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: ThatCOVENANT MUTUAL INSURANCE COMPANY, a corporation of the State of Connecticut, does hereby make, constitute and appoint BARBARA BLUMER its true and lawful Attorney lsl-in-Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recog- nizances, consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof in an unlimited amount. and to bind COVENANT MUTUAL INSURANCE COMPANY thereby, and all of the acts of said Attorneylsl-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following provisions of section 12 of the by-laws of the Company, which are now in full force and effect: From time to time the board may impose such additional duties and confer such further authority upon any or all of the officers as it may In Its discretion determine Including, without limitation or characterization, authority to execute by facsimile signature or facsimile signatures, and deliver or cause or authorize any duly appointed agent to deliver in the name and behalf of the corporation any policy, contract, bond, undertaking, consent of surety, recognizance, general or special power of attorney, certification, attestation, or other instru- ment, all with or without the seal of the corporation, but if under seal to evidence such seal by physical im- pression or by facsimile or by any other appropriate method. This power of attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Directors of COVENANT MUTUAL INSURANCE COMPANY at a meeting duly called and hold on March 12, 1973: RESOLVED: That any bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when signed by the President or any Senior Vice President or Vice President and duly attested and sealed, if a seal is required, by any Secretary or Assistant Secretary or when signed by the President or any Senior Vice President or Vice President and countersigned and sealed, if a seal is required, by a duly authorized attorney-in-fact or agent; and any such bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when duly executed and sealed, if a seal is required, by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority granted by his or their power or powers of attorney. FURTHER RESOLVED: That the signature of any officer authorized by the by-laws and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature there- of; such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, COVENANT MUTUAL INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March, 1973. Attest: j1". ' • &'—de n Assistant Secretary STATE OF CONNECTICUT ss: COUNTY OF HARTFORD COVENANT MUTUAL INSURANCE COMPANY By� Vice reesidodt On this 22nd day of March in the year 1973 before me personally came Francis W. Palfrey, Jr., and James E. Witkins to me known, who being by me duly sworn, did depose and say; that they reside in the State of Connecticut; that they are respectively Vice President and Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY, the corporation described in and which executed the above instrument; that they know the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of their office under the by-laws of said corporation, and that they signed their names thereto by like authority. %pE...:...�i�'' .KLZ s .ru+-C ✓ ✓ �C.Lm�L' fes) i*." 0740` L : T Notary Public w ...3.( My commission expires March 31, 1978 nOeeses110 { CERTIFICATION I, Vera C. Spitko, Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY certify that the foregoing power of attorney, the above -quoted provisions of Section 12 of the by-laws and the resolutions of the Board of Directors of March 12, 1973 have not been abridged or revoked and are now in full fora and effect. Signed and sealed at Hartford, Connecticut, this 9th day of JANUARY 1078. Assisto4t Secret State of California County of Los Angeles ss. On this 5th day of November , 191-9, before me personally came Arthur J. Clement, Jr, to me known, who being by me duly sworn, did depose and say: that he is Attorney(s)-in-Fad of Coyenan# Mutual Insurance Company, the Corporation described in and which executed the foregoing instrument; that he know(s) the seal of said Corporation; that the seal affixed to said instyumen+ is such corporate seal; that i#as 3o affixed by authority granted to him in accordance with the By -Law of 4he.sad Corporation and }h ned his name thereto by like authority. i (Notary Public) c: IN - p �Y'.:Oflifii