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1999-1109_BARWICK JEEP EAGLE, INC_Retention Release J col1 32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 4 U OLLENECAMPBELL JOHN GREINER (949)493-1171 j Int llllllIII WYATT HART (949)493-1053 (FAX) luuuuu 1961 GIL JONES 176 DAVID M.SWERDLIN • I� • CITY MANAGER GEORGE SCARBOROUGH November 9, 1999 Mr. Kenneth R. Barwick Barwick Imports, Inc. 33375 Camino Capistrano San Juan Capistrano, California 92675 Re: Release of Performance Bonds (Grading at 33375 and 33301 Camino Capistrano) Dear Mr. Barwick: The work covered by the following bonds for grading at property located at 33375 and 33301 Camino Capistrano, has been completed to the satisfaction of the Building and Safety Division of the City of San Juan Capistrano and hereby released: BOND NO. AMOUNT $34,500 N0138 10 52(29) $48,242 N0138 10 52(27) $85,530 Enclosed are copies for your records. If you have any questions, please do not hesitate to call me at (714) 443-6310. Very truly yours, /041,012-fri' 4, / / / Dawn M. Schanderl Deputy City Clerk cc: Daniel McFarland, Building Official Truck Insurance Exchange (with original bonds) DRUG USE IS AB San Juan Capistrano: Preserving the Past to Enhance the Future L LEASED EXHIBIT "D" DATEal./.212.1____ BOND %: N0138 10 52(29) INITIALS 41 J IMF //. / 10444:7917 // / PERFORMANCE BOND KNOW ALL. MEN BY THESE PRESENTS: THAT BARWICK AS PRINCIPAL, HEREINAFTER CALLED CONTRACTOR, AND TRUCK INSURANCE EXCHANGE , AS SURETY, HEREINAFTER CALLED SURETY, ARE HELD AND FIRMLY BOUND UNTO THE CITY OF SAN JUAN CAPISTRANO, AS OBLIGEE, HEREINAFTER CALLED CITY, IN THE AMOUNT OF FORTY EIGHT THOUSAND TWO HUNDRED FORTY TWO AND 00/100 ($48,242.00) DOLLARS FOR PAYMENT WHEREOF CONTRACTOR AND SURETY BIND THEMSELVES, THEIR HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND ASSIGNS, JOINTLY AND SEVERALLY, FAIRLY BY THESE PRESENTS. WHEREAS, CONTRACTOR HAS BY WRITTEN AGREEMENT DATED MAY 12, 1995, ENTERED INTO A (DESCRIBE AGREEMENT) SURETY AGREEMENT FOR GRADING, DRAINAGE AND ON-SITE IMPROVEMENTS WHICH CONTRACT IS BY REFERENCE MADE A PART HEREOF NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT, IF PRINCIPAL SHALL PROMPTLY AND FAITHFULLY PERFORM SAID AGREEMENT, THEN THIS THIS OBLIGATION SHALL BE NULL AND VOID; OTHERWISE IT SHALL REMAIN IN FULL FORCE AND EFFECT. SURETY WAIVES WHATEVER LEGAL RIGHT IT MAY HAVE TO REQUIRE THAT A DEMAND BE MADE FIRST AGAINST THE PRINCIPAL IN THE EVENT OF DEFAULT. BE IF FURTHER RESOLVED, THAT: 1. AS A PART OF THE OBLIGATION SECURED HEREBY, AND IN ADDITION TO THE FACE AMOUNT SPECIFIED, THERE SHALL BE INCLUDED COSTS AND REASONABLE EXPENSES AND FEES, INCLUDING REASONABLE ATTORNEY'S FEES, INCURRED BY CITY IN SUCCESS- FULLY ENFORCING SUCH OBLIGATION, ALL TO BE TAXED AS COSTS AND INCLUDED IN ANY JUDGMENT RENDERED. 2. SAID SURETY, FOR VALUE RECEIVED, HEREBY STIPULATE AND AGREES THAT NO CHANGE, EXTENSION OF TIME, ALTERATION, OR MODIFICATION OF THE CONTRACT ACKNOWLEDGMENT OF SURETY STATE OF CALIFORNIA COUNTY OF ORANGE 88. On this 24TH day of MAY , 19 95 , before me, PRISCILLA N HERNANDEZ a notary public in and for the County and State aforesaid, residing therein, duly commissioned and sworn, appeared JEFF WILSON , ® personally known to me ❑ proved to me on the basis of satisfactory evidence to be the attorney-in-fact 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 this certificate first above written. ; /1 - • RISCI!lA N.HERNANDU (SEAL) Q � ,;r^A M. #X72262 Notary Public in and for the County of ORANGE ( ' State of CALIFORNIA `-- / E,ArGE COUNTY 11 MY CCMMISSICIN EXPIRES AUG,26.111 1 56-0754 7413 IPP 8M/300 DOCUMENTS OR OF THE WORK TO BE PERFORMED THEREUNDER, SHALL IN ANY WAY AFFECT ITS OBLIGATIONS OR THIS BOND, AND IT DOES HEREBY WAIVE NOTICE OF ANY SUCH CHANGE, EXTENSION OF TIME, ALTERATIONS, OR MODIFICATIONS OF THE CONTRACT DOCUMENTS OR OF WORK TO BE PERFORMED THEREUNDER. EXECUTED THIS 24TH DAY OF MAY , 1995, AT SANTA ANA , CALIFORNIA. PRINCIPAL APPROVED AS TO FORM. (NOTARIZATION AND SEAL) R CHARD K. DENHALTER CITY ATTORNEY Surety Agreement for Grading, SURETY Drainage and On-Site Improvements executed on July 25, 1996 / /7/ ii>/(----- JE WILSON, ATTORNEY-IN-FACT (NOTARIZATION AND SEAL) El MID-CENTURY INSURA COMPANY TRUCK INSURANCE EXCHANGE Home Office: 4680 Wilshire Boulevard,Los Angeles,California 90010 Policy No._ N0138 10 52(29) GENERAL INDEMNITY AGREEMENT WHEREAS, the undersigned BARWICK IMPORTS INC - 33375 CAMINO CAPISTRANO of SAN JUAN CAPISTRANO CA 92675 (each of whom is hereinafter called "Indemnitor") has requested and may hereafter request the Exchange or Company "x'd" above (hereinafter called the "Surety") to execute or to procure the execution of bonds, undertakings or recognizances as may be required from time to time by the Indemnitor, for any purpose whatsoever in connection with the Indemnitor's affairs, either in the name of the Indemnitor or of the following designated persons, firms or corporations, each of which is subsidiary to, or controlled by,or affiliated with said Indemnitor,and in each of which said Indemnitor has a financial interest, to wit: NOW, THEREFORE, in consideration of the premises the Indemnitor, being substantially benefited by the execu- tion and delivery of said bonds, undertakings or recognizances, hereby agrees as follows: 1. That the Indemnitor will pay, or cause to be paid, to the Surety, upon the execution of each and every such bond, undertaking or recognizance, a premium therefor in accordance with the regular scheduled rates of the Surety then in force, and will annually thereafter (except when the initial premium is scheduled as a term premium) pay to the Surety an annual premium therefor in accordance with such rates, until the Surety shall be discharged and released from any and all liability thereon, and furnished with competent written legal evidence of such discharge. 2. That the Indemnitor will at all times indemnify and save the Surety harmless from and against every claim, demand, liability, cost, charge, counsel fee, expense, suit, order, judgment and adjudication whatsoever in conse- quence of any bond, undertaking or recognizance, executed or procured by the Surety as mentioned herein, and in the event of payment by the Surety the Indemnitor agrees to accept the voucher or other evidence of such payment as prima facie evidence of the propriety thereof and of the Indemnitor's liability therefor to the Surety. 3. In the event either party shall prevail in any action or suit for the enforcement of any of the provisions hereunder, the prevailing party shall be entitled to costs and reasonable attorney's fees incurred in said litigation on account thereof. 4. That application to the Surety to execute or procure any such bond, undertaking or recognizance, may be made by the Indemnitor or the President, Vice-President, Secretary, Treasurer, General Manager or any other Offi- cer, Agent or Employee of the Indemnitor. Such applications, whether made on forms supplied by the Surety or by letter, by telegraph, by personal interview or by telephone, may be regarded as sufficient and ample authority for the Surety to execute or procure any such bond, undertaking or recognizance. 5. All the terms and conditions of this agreement shall stand for the protection of any other Surety procured by the Surety herein on any such bonds, undertakings or recognizances, either as co-surety or as reinsurer. 6. This agreement shall bind the heirs, executors, administrators, successors and assigns of the Indemnitor. N WITNESS WHEREOF, the Inde fmnn for has caused this instrument to be signed, sealed and delivered this TH`+ day of _- , 19 Sign Here: Sign Here: ACKNOWLEDGMENT STATE OF aa. COUNTY OF _ )) On this_ day of , l9 , before me, a notary public in and for the County and State aforesaid, residing therein, duly commissioned and sworn, person- ally appeared known to me to be the person(s) whose name(s) is or are subscribed to the within instrument, and acknowledged to me that—____he_ __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 this certificate first above written. (SEAL) Notary Public in and for the County of State of