1981-1203_CROW-SAN JUAN RANCH_Performance BondTRACT NO. 1
OR PROJECT
BOND NO. 8089 58 40
PUBLIC
BOND FOR IMPROVEMENTS
(FAITHFUL PERFORMANCE)
WHEREAS, the City Council of the City of San Juan Capistrano, State of
California, and Crow -San Juan Ranch, Ltd. ,
whose mailing address is 17941 Fitch Street, Irvine, California 92714
, hereinafter 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 81 , and
Identified as (Subdivision Agreement for Tract PM -#80-851 ) Project
Ranch of
San h o ) is hereby referred to and made a part hereof; and
f f'aini c+rann
WHEREAS, Said Principal is required under the terms of said agreement, to furnish
a bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the Principal, and Federal Insurance
Company , whose mailing address is
Diamond Shamrock Tower, 3rd Floor, Dallas, Texas 75201 , as Surety, are
held and firmly bound unto the City o) San duan Cappistrano, hereinafter called
City, in the penal sum of One Million Eigqht Huddre Twelve T ousa�
P Five Hnndrac'1 and no/100 U�Ilars
($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
CROW -SAN JUAN RANCH, Ltd.
B _
Address of Subdivider:
Irvine, California 92714
SI IR FTY
FEDE INSURA E COMPANY
BY
oe B ce, Amtorney in Fact
NOTE: Acknowledgments of execution of Principals and Surety must be
attached.
STATE OF CALI RNLA l
COUNTY OF_. p {� ? SS.
On LK)Xq% \R 21
before me, the undersigned, a N Public in and fo aid County
a State, personally peered
_— known to me
to be �� —of the partners of the partnership
that executed the within instrument, and acknowledged to me that
such partnership executed the same.
Signature t
0
W
FOR NOTARY SEAL OR STAMP
OFFICIAL SEAL
BETTY L HALVERSON
to NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
My 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 Public
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
CHUBB GROUP of insurance Companies
51 John F. Kennedy Parkway 3200 Wilshire Boulevard
CMu66 Short Hills, New Jersey 07078 Los Angeles, Calif. 90010
FEDERAL INSURANCE
RIDER to be attached to and form a part of
Bond No. 8089-58-40 wherein
Federal Insurance COMPANY
is named as Surety, on behalf of
Crow -San Juan Ranch, Ltd.
as Principal, in favor of
City of San Juan Capistrano, Ca.
inthesumof $1, 812, 500
dated 10/22/81 effective 10/22/81
COMPANY
ITIS HEREBY UNDERSTOOD AND AGREED that effective the ... 1 Qth.. day of ...... Febxuaxy......19 8 3.,,,
the penalty of this bond is De creased
from .Q11Q... Ri lli o.n,... F;.i.gkt.1... Ilu.ra,d.T.e.d... Twe.I.v.e...Th.ous.and... F ve...Hu,Ddredf
to...F.aux... Fund.r.e.d... Fi..£ty.... Thoars.alld.... and .... 0.0%1.9.R.-.-..-....-..-..-..-.-.-.-.-.-..-..-..... i.$45o.,.0.9.9.........)
as to losses occurring after the ...... I.Qth...........................................dayof....... ob.Tuiaxy...... .9.8I.............................
Provided, however, that the liability of the Principal and Surety hereon shall not be cumulative or in any event
exceed the larger amount referred to herein.
The attached bond shall be subject to all its agreements, limitations and conditions except as herein express-
ly modified.
Signed, sealed and dated this ............ 1Q.V!... I.......... day of......Februar.YFgkkKIAPXY ................ 19 ..83.....
ACCEPTED
By:_ .......................................................... ................................
(Obligee)
Form 15-02-72 (Ed. 8-75) (Formerly 12451 )
P.inci al
Federal Insurance Company:
By: .� .. ��..
an�ace BusweYl "' ttorite'lC Fact
8-26426 (1M) a..
• Certified Copy of •
POWER OF ATTORNEY
Know all Men by these Presents, That the FEDERAL INSURANCE COMPANY, 51 John F. Kennedy Parkway, Short
Hills, New Jersey, a New Jersey Corporation, has constituted and appointed, and does hereby constitute and appoint
Harold D. Price, Gregory Georgieff, Laqueta Moore, James W. Grove, Candace L.
Buswell, Kenneth Killian and Estelle Armstrong of Dallas, Texas ---------------
each its true and lawful Attorney -in -Fact to execute under such designation in its name and to affix its corporate seal to and
deliver for and on its behalf as surety thereon or otherwise, bonds or obligations given or executed in the course of its busi-
ness, and any instruments amending or altering the same, and consents to the modification or alteration of any instruments
referred to in said bonds or obligations.
In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Laws, caused these
presents to be signed by its Assistant Vice -President and Assistant Secretary and its corporate seal to be hereto affixed this
12th day of July 19 82
FEDERAL INSURANCE COMPANY
By
George McClellan
Assistant Vice -President
Richard D. O'Connor
STATE OF NEW JERSEY Assistant Secretary
ss:
County of Essex
On this 12th day of July 19 82 , before me personally came Richard D. O'Connor to me
known and by me known to be Assistant Secretary of the FEDERAL 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 Assistant 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 seal and was thereto affixed by authority
of the By -Laws of said Company, and that he signed said Power of Attorney as Assistant Secretary of said Company by
like authority; and that he is acquainted with George McClellan and knows him to be the Assistant Vice -President of said
Company, and that the signature of said George McClellan subscribed to said Power of Attorney is in the genuine hand-
writing 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
`/G I Iq on the date above written.
119.
�QP
NOTARY
P Notary Public
\,yF A
PATRICIA RYAN
NOTARY PUBLIC OF NE14 JERSEY
My Commission Expires December 11, 19 83
Form 21-1041 (Rev 4E2) lconseml
CITY OF SHORT HILLS l
County of Essex
I, 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 10th —day of
February _19'.83
Assistant Secret