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1988-0216_GLENFED DEV CORP._Perf. Bond ("'N ]fie premtdu^i charged tat true Dos. • ( 1)4412 ��� fa:he 4xA thereof CpySUBDIVISION FAITHFUL PERFORMANCE 3CND a-d-e-. (GOVERNMENT CODE S 56499 . 1) ' 7�, 6a0 /,/qi i!tr WHEREAS , the City Council of the City of San Juan Capistrano , State of California, and lenf ed 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 , 19 8 , 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 Eight Thousand Nine Hundred Thirty Two Dollars , lawful money of the Unsted 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. BE IT FURTHER RESOLVED: 1 . As a part of the obligation secured hereby , and in , . , • cifo 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. pg AL Glenfed Development Corporatic " �- - ' ' (NOTARIZATION AND SEALY SURETY APPROVED AS TO FORM. Fidelity a d De osit Company of Maryland UtiLtO Charles F . Wilson , Attorney-in-fact (NOTARIZATION AND SEAL) J . ' R. Shaw Attorney • • . i 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 lak Fujii personally known to me or proved to me on the basis w of satisfactory evidence to be the person who executed C the within instrument as the S r. Vice w x President,and William R _ Willis „ I personally known to me or E ,•.,iitttit„*" OFFICIAL SEAL< proved to me on the basis of satisfactory evidence to be ANGELA M. RY�KA• the person who, a ecuted the within instrument as thes.A NOTARY PUBLIC•CALIFORNIA f Vice President )tit` of the Corporation -a,,r. PRINCIPAL OFFICE IN that executed the within instrument and acknowledged '► 'r' LOS ANGELES COUNTY 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 directors. 1 WITNESS my and and official seal. (, Signature �� ( ( t' l l ` X k l (This area for official notarial seal) U Power of Attorney • FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFRCE, 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 dlicies,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 acid 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 herd)) 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 �21st . __ day of April , A.D. 19 ..$1. p()E Pp *� FIDELITY AND DEPOSIT COMPANY OF MARYLAND Si . � � ATTEST: ki SEAL e c n n4/et?"' By .. .. Assistant Secretary Vice-President STATE OF MARYLAND ` 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. Notary Public Co p ►�."�:,�J ..lesion `' ,. 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 1.[DIMITY 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 TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 8th day of February 19 88 Lts actf.-012 Assista Secretary FOR YOUR PROTECTION LOOK FOR THE F&D WATERMARK • .`'STATE OF---- Calif o.rnia_ COUNTY OF Los Aaie1e* ss: On this 8th day of February , in the year J-93 8 , before me LINDA L. CHIPMAN , Notary Public, personally appeared 111 RLE F.JLLLUN , 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. +'�'•'+"`•'~'••H•H• ..t.. • a OFFICIAL SEAL LINDA L. CHIPMAN , ( `% �' Notary Pub$c•Catifornia Acknowledgement Certific t. :tlyre A ,Ke� Principal Office In `; � Los Angeles County e;;;.Ns► My Comm. Exp. Apr. 11. 1989 L4427 1CA1-5M, i-.. 2,..i •••••