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1997-0214_GLENFED DEV CORP._Retention Release Aston 0 coif • As). MEMBERS OF THE CITY COUNCIL j \,oPoB � COLLENE CAMPBELL JOHN February 14, 1997 � RRBTfWYATT HARTR • ll 11101961GIL JONES DAVID M.SWERDLIN 776 • CITY MANAGER GEORGE SCARBOROUGH Mr. Richard Curtis, Jr. GlenFed Development Corporation 401 North Brand Boulevard, Suite M-722 Glendale, California 91203 Re: Completion of Public Street Improvements, Tract 12262 and 12423 Dear Mr. Curtis: Per City Council action of February 4, 1997, the following bonds are hereby released: BOND NO. PURPOSE AMOUNT 6154409 Construction of Off-Site $64,615 Improvements 6154412 Construction of Ofd Site $74,680 Improvements Enclosed are certified copies for your records. If you have any questions, please do not hesitate to call me at (714) 443-6310. Very truly yours, gatbar9/1 • aild/teliAL Dawn M. Schanderl Deputy City Clerk Enclosure cc: William Huber, Director Engineering & Building Sam Shoucair, Civil Engineer Fidelity and Deposit Company of Maryland 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 • (714) 493-1171 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, DAWN M. SCHANDERL,Deputy City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the attached is a true and correct copy of the following document: 1. Subdivision Faithful Performance Bond No. 6154409, dated February 8, 1988, in the reduced amount of$64,615 and regarding construction of off-site improvements, Improvement Agreement, Tract 12262 (Glendale Development Corporation). 2. Subdivision Labor and Material Bond No. 6154409, dated February 8, 1988, in the reduced amount of$64,615 and regarding construction of off-site improvements, Improvement Agreement for Tract 12262 (Glendale Development Corporation). 3. Subdivision Faithful Performance Bond No. 6154412, dated February 8, 1988, in the reduced amount of$74,680 and regarding construction of off-site improvements, Improvement Agreement, Tract 12423 (Glendale Development Corporation). 4. Subdivision Labor and Material Bond No. 6154412, dated February 8, 1988, in the reduced amount of$74,680 and regarding construction of off-site improvements, Improvement Agreement for Tract 12423 (Glendale Development Corporation). (SEAL) DAWN M. SC ERL, DEPUTY CITY CLERK San Juan Capistrano, California Dated this 14th day of February, 1997. (mSer )1.2 I pcem iurn Charge! DOM • 615449k7 tot the 'arm .erftaf SUBDIVISION FAITHFUL PERFORMANCE 3CND (GOVERNMENT CODE S 66499 . 1) �%/tri,, ; ., -1/,i v ,6/O 6 7,/ WHEREAS , the City Council of the City of San Juan Capistrano, State of California, and Glenfed Development Corporation (hereafter designated as "Principal") , have entered into a Sub- division Agreement whereby Principal agrees to install and complete certain designated public improvements , which said Agreement dated February 8 , 1988 , and identified as Project Tract 12423, . is hereby referred to and made a part hereof; and WHEREAS , said Principal is required, under the terms of the said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, we, the Principal and Fidelity and Deposit Company of Maryland , as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee") , in the sum of Two Hundred Forty Ei •ht Thousand Nine Hundred Thirty Two Dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves , our heirs , successors, executors and administrators , jointly and severally, firmly by these presents . NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements , then the obligation shall be null and void; otherwise . it shall remain in full force and effect. Surety waives any rights , if there by any, to require that a demand be made first against the Principal in the event of default . RELEASED BE IT FURTHER RESOLVED: DATE - '7 INITIALSai4/ .(ate 1, • 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, all 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 modifi- cation 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 8th day of February , 1988 , at Pasadena , California. PR 4_!__ Glenfed Development Corporatic A U. . (NOTARIZATION AND SEAL)• SURETY APPROVED AS TO FORM. Fidelity a Deposit Company of Maryland i g.44,t0 By : /c „ Charles F . Wilson , attorney-in-fact /r+ (NOTARIZATION AND SEAL) J . • R. Shaw ' it. Attorney CAT. NO. NN00737 TO 1945 CA (8-84) (Corporation) J TICOR TITLE INSURANCE STATE OF CALIFORNIA . . } COUNTY OF Los Angeles SS. On February 8 , 1988 before me, the undersigned, a Notary Public in and for T said State, personally appeared Tak Fujii personally known to me or proved to me on the basis y of satisfactory evidence to be the person who executed r the within instrument as the Sr . Vice W z President, and [Ali l l i am R_ Willis t. i personally known to me or +•" w OFFICIAL SEAL < proved to me on the basis of satisfactory evidence to be • 6., ANGELA M. RYBKA • the person who, e�xYecuted the within instrument as the "„ ''�..j+ NOTARY PUBLIC•CALIFORNIA Vice President Stec of the Corporation �.3 p ~ '„.,e ."'1 LOS ANGELES COUNTY : PRINCIPAL OFFICE IN • that executed the within instrument and acknowledged to me that such corporation executed the within instru- '..„. My Commission Exp. Nov. 6, 1990 ment pursuant to its by-laws or a resolution of its board of direct,ors. WITNESS my' and and offi 'al seal. 0 Signature V /I (This area for official notarial seal) . . STATE OF California ATT l COUNTY OF___LQS__liallep1$$ SS: On this 8th day of February , in the year 19 8 8 , before me LINDA L. CHIPMAN , Notary Public, personally appeared CHARLES F. WILSON , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as attorney-in-fact of the Fidelity and Deposit Company of Maryland, the corporation therein named, and acknowledged to me that the corporation • , executed it. "�"~"""""~••�•••+ EP. o .M OFFICIAL SEAL LINDA L. CHIPMAN t / ( L /79 . - �` .� Nota Public-California ,Acknowledgement Certific e I ►� •�! �+ Notary `` �o Principal Office In Los Angeles County 4:,,`,,,,P My Comm. Exp. Apr. 11, 1989 L4427ICAI-5M 7 22 i i i-- ,,,,.................-0-••-•-•-• ..>...e.••4• • Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE. BALTIMORE.MD. KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland, by C. M. PECOT, JR. , Vice-President, and C. W. ROBBINS Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Com- pany, which reads as follows: SEC.2.The President,or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially author- ized so to do by the Board of Directors or by the Executive Committee,shall have power,by arid with the concurrence of the Secre- tary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require,or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings,recognizances,stipulations,p)licies,contracts,agreements,deeds,and releases and assignments of judgments,decrees, mortgages and instruments in the nature of mortgages,and also all other instruments and documents which the business of the Com- pany may require,and to affix the seal of the Company thereto. does hereby nominate, constitute and appoint Charles F. Wilson of Los Angeles, California its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any. and all bonds and undertakings And the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Company,as fully and amply, to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. The said Assistant Secretary does herein certify that the aforegoing is a true copy of Article V!, Section 2, of the By-Laws of said Company,and i. now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this �21s.t .. _ _ day of April , A.D. 19 ..81. FIDELITY AND DEPOSIT COMPANY OF MARYLAND A°Duk'sr ATTEST: SEAL =t By 04441.i?' Assistant Secretary Vice-President STATE OF MARYLAND l SS: CITY OF BALTIMORE f On this 21st day of April , A.D. 19 81 , before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore,duly commissioned and qualified,came the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same,and being by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporat: Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal,at the City of Baltimore,the day and year first above written. y.•'MOT�I,y'�f i - 1,1 Notary Public Co _.lesion Expires_July_.1 ,..._1.982 "47 CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents spe- cially authorized b the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2 of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TE TI*ONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this -- _._.tf1 day of February , 19 88 Li428ctf.-012 Assists Secretary FOR YOUR PROTECTION LOOK FOR THE F&D WATERMARK #76 ' "1 / 'W • RELEASED 1 412 Jan? Premium Included DATE INITIA •1. , J/,// . i1 ,/ . R .AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to Glenfed Development Corporation , License No. , hereinafter designated as "Principal", a contract for Tract 12423 ; and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we Glenfed Development Corporation Principal, and Fidelity and Deposit CQ anv of Marvland , as surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum ofTwo Hundred Forty Eight Thous . Nine Hun . `thirty TwoDOLLARS ($248 ,932 .), lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub-contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title I, Division 5, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the 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 obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed thereunder. 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. • . 4. ,10 IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duty executed by the Principal and surety herein named on the 8th day of February 19 88 . The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. G1 nfed D elopment Corporation IN IPA Sr J`�• � 1 By (N 1 Z(fil,C4) J.?- Fidelity and Deposit Company of Maryland SURETY By Got,- ./14--st;Z"-- Charles F . Wilson , Attorney-in-fact APPROVED AS TO FORM ` R. SHAW, ATTORNEY I a 4 5rArE OFCalifornia California (.ALN i OF ip_a_Aageae SS: On this 8th day of February , in the year 19 8 8 , before me LIN.DA_L__CHIPMAN_ , Notary Public, personally appeared CHARLEI_L IJLSD L , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as attorney-in-fact of the Fidelity and Deposit Company of Maryland, the corporation therein named,and acknowledged to me that the corporation executed it. vt. . rti OFFICIAL SEAL (C—, AWN LINDA L. CHIPMAN .(.._4, rs,r ¢ �.t� NotaryPublic•Cahfornia Acknowledgement Certificate F. .• q %y9�+ �` meq,,,, Principal Office InJ Los Angeles County ClU�..,' My Comm. Exp. Apr. 11, 1989 L4427(CAI-5M, 7-86 0 ••H••♦ CAT. NO. NN00737 • TO 1945 CA(8-84) (Corporation) J TICOR TITLE INSURANCE STATE OF CALIFORNIA h n COUNTY OF Los Angeles } SS' On February 8 , 1988 before me, the undersigned, a Notary Public in and for t said State, personally appeared Tak Fujii personally known to me or proved to me on the basis W of satisfactory evidence to be the person who executed a the within instrument as the S r . Vice W x President,and William R _ Willis personally known to me or • , L proved to me on the basis of satisfactory evidence to be .*`� OFFICIAL SEAL • the person who, executed the within instrument as the ANGELA M. RYBKA i Vice President )S { of the Corporation i NOTARY PUSLIC•CALIFORNIA �; PRINCIPAL OFFICE IN that executed the within instrument and acknowledged LOS ANGELES COUNTY to me that such corporation executed the within instru- ,,n My Commission Exp. Nov. 6, 1950 ment pursuant to its by-laws or a resolution of its board of directors. WITNESS my and lnand official seal. ,�1 /] Signature Aly a2O . /. J..II I�.l_> (This area for official notarial seal) g q0