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1981-1022_CROW-SAN JUAN RANCH_Labor and Materials9 0 TRACT NO. OR PROJECT BOND NO. 8089 58 40 PUBLIC BOND FOR IMPROVEMENTS (LABOR AND MATERIALS) WHEREAS, the City Council of the City of San Jaun Capistrano, State of California, and Crow -San ,Tuan Ranch. Ltd. , whose mailing address is 17941 Fitch Street Irvine California fo a 9 714 , here- inafter designated as Principal, have entered into an agreement whereby Principal agrees to install and complete certain designated improvements, which said agreement dated October 22 , 19 g and idefntified as (Subdivision Agreement for Tract PM -#80-851 ) (Pro'e� Ranch o San ,711an rani s¢tranis hereby referred to and made a part hereof; and WHEREAS, Said Principal is required under the terms of said agreement, to furnish a bond for the labor and materials of said agreement. NOW, THEREFORE, we, the Principal, and Federal Insurance Company , whose mailing address is Diamond Shamrock Tower, 3rd Floor, Dallas, Tx. 75201hh , as Surety, are held and firmly bound unto the oneympll,San pgait �g� rtegn�iaelereinafter called City, in the penal sum of Thmiaand� Fac>a H,mAr A A �gf100 l1011aCS ( 1,812,500.00 )lawful money of the United States, for the payment of which sum well and truly to be made, we bond ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded 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 in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of San Juan Capistrano, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, 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. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder, or the specifications accompanying same, shall in any way affect its obligations on this bond, and it does hereby waive any notice of any such change, extension of time alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on October 22 '19 81 . PRINCIPAL SURETY cRow-sAN JUAN RANCH, Ltd. Address of Subdivider: 17941 Fitch Irvine, California 92,714 FEDERAL INSURANCE COMPANY NOTE: Acknowledgments of execution of Principals and Surety must be attached. t. STATE OF CA KORNIA 1 COUNTY OF n )} SS. n On before me, the undersigned, a N ry Public in a for, of County a State, personall ap aredF3'�`< —__— r r _ _ known to me to be_Q of the partners of the partnership athat executed the within instrument, and acknowledged to me that y such partnership executed the same. d N Signature t m e e y V %r 0 -92 FOR NOTARY SEAL OR STAMP OFF WIAL SEAL BETTY l HALVERSON m NOTAV, - -so !C _"I At IFORNIA '�. ORANGE COUNTY `$' by comm. expires JUL 23, 1985 ACKNOWLEDGEMENT BY PRINCIPAL STATE OF COUNTY OF On this day of , before me personally came known to me to be the title of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and year in the certificate first above written. My Commission expires ACKNOWLEDGMENT BY SURETY STATE OF TEXAS COUNTY OF DALLAS Notary On this 22nd day of October, 1981 , before me, a Notary Public, within and for said County and State, personally appeared Joe Bruce to me personally known who being duly sworn upon oath, did say that he is the Attorney -In -Fact of and for the -Federal Insurance Company a corporation created, organized and existing under and by virtue of the laws of the State of New Jersey that the Corporate seal affixed to the foregoing within instrument is the seal of said Company, that the seal was affixed and the said instrument was executed by authority of its Board of Directors, and the said Joe Bruce did acknowledge that he executed the said instrument as the free act and deed of said Company. Notary Public My Commission expires August 31, 1984 • Certified Copy of . POWER OF ATTORNEY Know all Men by these Presents, That the FEDERAL INSURANCE COMPANY, 100 William Street, New York, New York, a New Jersey Corporation, has constituted and appointed, and does hereby constitute and appoint Janice G. Correy, Joe Bruce, Robert D. White, H. A. Gibson, W. Lawrence Brown, Dorothy Valek and William D, Baldwin of Dallas, Texas--------------------------- - s each its true and lawful Attorney -in -Fact to execute under such dek'nalion in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds Qf,Cany of the following classes, to -wit: 1. Bonds and Undertakings (other than Fiduciary Bonds) filed in ahy suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anythingg s*cified in such Bond or Undertaking, in which the penalty of the bond or urWertaking does not exceed the sum of TWo Hundred Fifty Thousand Dollars ($250,000.00). 2. Surety BoAds to the Unite( States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinapce%,, or fegulations of any State, City, Town, Village, Board or other body or organization, public or private; bonds to `Trdnsportation Companies, Lost Instrument bonds, Lease bonds, Workmen's Compensation bonds, Miscellaneous Surdty bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public offi- cials. 3. Bonds on behalf of bontractors in connection with bids, proposals or contracts. In Witness Whereof, the said FEDF�IAL INSURANCE COMPANY has, pursuant to its By -Laws, caused these presents tobesigned by its Assistant Vice-Pry�d Assistant Secretary and its corporate seal to be hereto affixed this 1st . day of January 191 80 FEDERAL INSURANCE COMPANY By ri George McClellan Assistant Vice -President STATE OF NEW JERSEY ss: County of Essex KaR, c Connor Assistant Secretary On this list day of January 19 8ERbefore me personally came Richard D. O'Connor, to me known and by me known to be Assistant Secretary of the FED AL INSURANCE COMPANY, the Corporation described in and which executed the foregoing Power of Attorney and the said Richard D. O'Connor being by me duly sworn, did depose and say that he is As- sistant Secretary of the FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power of Attorney is such corporate seat and was thereto affixed by authority of the By -Laws of said Com- pany and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority; that he is acquainted with George McClellan and knows him to be Assistant Vice -President of said Company, and that the signature of said George McClellan subscribed to said Power of Attorney is in the genuine handwriting of said George McClellan and was thereto subscribed by authority of said By -Laws and in deponent's presence. Acknowledged and Sworn to before me on the date above written. DAR410u�� ." �� Notary Public / PATRICK RYAN w d Fg NOTARY PUBLIC OF NEIN JERSEY My Commission Expires December 11, 19 G j Form 21-10-238 (Ed. 2-78)(General) q-27423 (20M) .. SHORT HILLS, N.J. as. County of Essex 1, the undersigned, Assistant Secretary of the FEDERAL INSURANCE COMPANY, do hereby certify that the following is a true excerpt from the By -Laws of the said Company as adopted by its Board of Directors on March 11, 1953 and amended May 27. 1971 and that this By -Law is in full force and effect. ARTICLE XVIII Section 2. All bonds, undertakings, contracts and other instruments other than as above for and on behalf of the Company which it is authorized by law or its charter to execute, may and shall be executed in the name and on behalf of the Company either by the Chairman or the Vice -Chairman or the President or a Vice -President, jointly with the Secretary or an Assistant Secretary, under their respective designa- tions, except that any one or more officers or attorneys -in -fact designated in any resolution of the Board of Directors or the Executive Committee, or in any power of attorney executed as provided for in Section 3 below, may execute any such bond, undertaking or other obligation as provided in such resolution or Power of attorney. Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the Vice -Chairman or the President or a Vice -President or an Assistant Vice -President, jointly with the Secretary or an Assistant Secretary, under their respective designations." And I further certify that I have compared the foregoing copy of the POWER OF ATTORNEY with the original thereof and the same is a correct and true copy of the whole of said original Power of Attorney and that said Power of Attorney has not been revoked And I further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business in each of the States of the United States of America, District of Columbia. Puerto Rico, and each of the Provinces of Canada with the exception of Prince Edward Island: and is also duly licensed to become sole surety on bonds, undertakings, etc., permitted or required by law. Given under my hand and the seal of said Company at Short Hills. N.J., this__— 22nd _._.._._ day of October 81 19 Assistant Secretary