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1994-0628_BARWICK NISSAN_Performance Bond • PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that BARWICK IMPORTS, INC. as Principal, hereinafter called DEVELOPER, 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 Thirty-four Thousand Five Hundred and xx/100 Dollars ($34,500) for payment whereof Developer and Surety bind themselves, their heirs, executors, administrators, successors, and assigns,jointly and severally, fairly by these presents. WHEREAS, Developer has by written agreement dated JUNE 27, 1994 , entered into a Surety Agreement for Grading, Drainage & 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 tithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in fill 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 IT 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 successfully enforcing such obligation, ail to be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract 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 28TH day of JUNE , 1994, at San Juan Capistrano, California. AP' Ti VED AST F4 PRINCIP Arit ..... c': d K. R enhalter 6/34/9 City Attorney Title: fief Mt'; , .1 *emit/ 1 rnir=LEASED (NOTARIZATION AND SEAL) DATEILL/29SURETY "/ ,' I / 'Y: V 4A. .� INITIALSAPI PI . . r/ ,� /OW VI/ gi Title: COMMERCIAL POLICY SUPERVISOR (NOTARIZATION AND SEAL) ACKNOWLEDGMENT OF SURETY STATE OF CALIFORNIA COUNTY OF ORANGE 88. On this 28TH day of JUNE , 19 94 before me, PRISCILLA N. HERNANDEZ a notary public in and for the County and State aforesaid, residing therein, duly commissioned and sworn, appeared CONN I E V I TOLAS , ® 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. N 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. PRISCILLA N. HERNANDEZ �L L C-7. �4/e; / >!w i-'''':: 1 (SEAL) > PRISCILLA N.HERNANDEZ '� Notary Public in and for the County of ORANGE , N • �)' CALIFORNIA o �,;���,;,-�� COMM. #912262 � State of \ `.Y[, 7i„TAR Y PIABLIC CALIFORNIA Q -'`$~',/ ORANGE COUNTY N IMY COMMISSION EXPIRES AUG. 26, 1996 ;` 56.0754 7.83 IPP SH/500 TR K INSURANCE EXCHAI E • 4680 Wilshire Boulevard, Los Angeles, California 90010 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the TRUCK UNDERWRITERS ASSOCIATION, a corporation organized and existing under the laws of the State of California, as attorney in fact for Truck Insurance Exchange, a reciprocal or inter-insurance exchange, organized and existing under the laws of the State of California, does hereby appoint HOME OFFICE PORTLAND POCATELLO OPRO VANCOUVER CARLSBAD Lisbeth Humphrey Dan Marx Anka Walther-Andrews David Sandberg Alan Rasmor Jacques Bulleit Charlene V. Hall Denis Newman Marilee Green Frank Kongs, CPCU Meg Weinert Carol Stutzman Jim Wright Will Brauer Brad Chilton Scott Fuller Bill Bride Judith Perry TEXAS Greg Leo Sherron Jolicoeur Karen Norman, CPCU Anne Lannon-Hinman Allison Spolerich NORTHTom Peterson Tom McLaurian Danny Aldridge SuzanneBrown XAS MERGED PHOENIX Lynette Truitt MIRO Marvin Doyle SOUTH TEXAS LARD Richard O. Hill Rebecca Bradley Thomas J. Byrne, CPCU, GCA Sharon Larsen Kermit Rahe Lee Ann Burgess Helen Peterson Anthony Jones Robert C. Meehan Agnes Simpson Shirley Brock Laura Oldt Carol Mayer Gene Greer William P. Farrar Tom Gaffery Steve Glomb Deborah Owens Linda Vermilyea Kim Edmiston Judy Fredrickson, CPCU Althea Mason JW Hall Steve Shilkoff Kathy Daly Eddie Alvara Tony Wilkes, CPCU Terri Lewis William B. Robinson Craig Mills Sandra Anderson, CPCU Barbara Meharg AURORA Joan DiNardo SARO John F. Gallagher Dennis Graves Gary Andersen COLUMBUS Connie Vitolas CSRO Ilene McDaniel Gloria Home Gwen Frashier Dean Perina Ruth Hubbard Claire A. Bidlingmaier Bonny Ropp Cindy Hancock Diana Graovac John Sandvig Marion Walters PLEASANTON Kim Schoenfielder Beverly Wood Heidi Mondesir Scott Reynolds Walter Snyder Connie McKenzie Sam Kuziel Sue H. Linson Sam Derryberry Jess De La Cruz NORTH AURORA Deborah Lipke Glenn Roulette Rita Lehr Jerry Rex R.C. Bachman Doug Yorgesen Andy Finale Frank Kneller L.S. Macuk Sterling J. Minke, Jr. Vicki Trindale Kevin Tschopp Cindy Silvius Peter Sobecki its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal and deliver during the period beginning with the date of this power and ending December 31, 1996, unless sooner revoked, for and on its behalf of Truck Insurance Exchange as surety, and as its corporate act and deed on any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds one hundred thousand dollars($100,000.00). The execution of such bonds, recognizances or undertakings in pursuance of these presents shall be as binding upon said Truck Insurance Exchange, as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by the regularly elected officers of Truck Underwriters Association, attorney in fact for Truck Insurance Exchange at its principal office in the City of Los Angeles, County of Los Angeles, State of California. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1996 IN TESTIMONY WHEREOF,the Truck Underwriters Association, as attorney in fact for Truck Insurance Exchange has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 28TH day of, JUNE 9 19 4 . oomcf, TRUCK II _ RANCE EXCHANG Attested and Certified rsy '%s Truck Underw ' 'ssociation, Atte ey in Fay aORGANIZED 2 By Irl17? )074t.-- FEs.,.0 By �� Secretary ° �`f President •- CERTIFICATION This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said Truck Underwriters Association, attorney in fact for said Truck Insurance Exchange on December 19, 1980 at Los Angeles, California, a true and accurate copy of which is hereinafter set forth: RESOLVED,That the President or any Vice-President or any Assistant Vice-President,and the Secretary or any Assistant Secretary of Truck Underwriters Association, a corporation,Attorney-in-Fact for Truck Insurance Exchange,a reciprocal or inter-insurance exchange,be and they are hereby authorized,directed and empowered for and on behalf of this corporation,as Attorney-in-Fact for said Exchange,to make,execute and deliver the Power of Attorney of this Corporation,as Attorney- in-Fact for said Exchange,to empower any officer,employee or representative of this corporation,as they may at any time see fit,to execute for and on behalf of this Corporation,as Attorney-in-Fact for said Exchange,any bond or bonds,including but not limited to Fidelity and Surety bonds, including the acceptance of process, which this Corporation, as Attorney-in-Fact for said Exchange, may lawfully issue through its duly constituted officers, and to revoke such power or powers of attorney from time to time as they in their sole and exclusive direction may see fit to do. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however,that the seal shall not be necessary to the validity of any such instrument or undertaking. On any instrument certifying an appointment, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof. I, Maryann M. Seltzer, Secretary of Truck Underwriters Association, do hereby certify that the foregoing extracts of the Resolution of the Board of Directors of the corporation, and of a Power-of-Attorney issued pursuant thereto, are true and correct, and that the Resolution and the Power-of- Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of the corporation � F+s this 28TH day of JUNE ig 94 uc Q ORGANIZED S �rlj lj - I///��"7 iTi 1.. FEB.MS X " Secretary 56-1743 4-93 131 IPP c\4UF0931'e