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1988-0216_GLENFED DEV CORP._Labor & Material Bond kada,da • 6154412 410 04> /6/g/ d/12- Premium Included LABOR AND MATERIAL BOND KNOB' 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 121+23 ; 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 Depot. t Company of M r lc ic1 , 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 TIDOLLARS ($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 1, 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. • IP IN WITNESS u'HEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly 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. Glenfed Development Corporation •RIN IP • L - By - SY. \), Fidelity an. Deposit Company of Maryland SURETY By /� ' • .G� _ _ Charles F . Wilson , Attorney-in-fact APPROVED AS TO FORM 1111 10 R. SHAW, T ATTORNEY AXSTATE OF__ Calif arida_ ' COU TY OF L08 kageJQ,g SS: On this 8th day of February , in the year 19 8 8 , before me IA N12A._L.._cH1P AN , Notary Public, personally appeared DIARIES_f__VIIISDI_ , 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. .•.-•••-••••.•'.• `.‘ OFFICIAL SEAL /� • ,t✓ !i' t AWNLINDA L. CHIPMAN f.-�(`2� `--4 :j f 1�; Nota ry Public•California Acknowledgement Certificate 4•� .t i.v Principal Office In . ..�1 Los Angeles County c 1.4427(CAI-5M, 7-86 24660 ,4.irow„`. My Comm. Exp.Apr. 11. 1989 t 1-•-•Tt•N♦•♦ CAT. NO. NN00737 TO 1945 CA (8-84) ' (Corporation) J TICOR TITLE INSURANCE STATE OF CALIFORNIA } It COUNTY OF Los Angeles SS. On February 8 , 1988before me, the undersigned, a Notary Public in and for t said State, personally appeared Tak Fuji i personally known to me or proved to me on the basis W of satisfactory evidence to be the person who executed 'r the within instrument as the S r. vice W x President, and William R _ Willis _ •••..�.+� J personally known to me or /`•` OFFICIAL SEAL 4 proved to me on the basis of satisfactory evidence to be ; ANGELA M. RYBKA • the person who, executed the within instrument as the ' '.h �;1� NOTARY PUBLIC-CALIFORNIA Vice President 1` Qo PRINCIPAL OFFICE IN �tc�i=}fi�of the Corporation �" 5�� , . TY that executed the within instrument and acknowledged 1 LOS ANGELES Nov. 6, to me that such corporation executed the within instru- � \au,<,;/ My Commission, Exp. Nov6, 1990 114 ment pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. 1 Signature /Alit�D k , I I-(( (This arca for official notarial seal)