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1978-0627_BUTLER DEVELOPMENT_Faithful Perf Bond No. 8SM 174 454 (Private)Bond No. Tract No. tdWrem1124.00 " 24.00 p:�57 BOND FOR IMPROVEMENTS i ,68 (FAITHFUL PERFORMANCE) 8SM 174 454- 10090 - WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and BUTLER DEVELOPMENT COMPANY, INC , whose mailing address is 17871 Santiago Blvd, Suite 233, Villa Park, Ca 1 hereinafter designated as Principal, have entered into an a Principal agrees to install and complete certain designated which said agreement dated , 19 _ as (Subdivision Agreement for Tract 100ga (Project _ hereby referred to and made a part hereof; and reement whereby improvements, and identified ) is WHEREAS, Said Principal is required under the terms of said agreement, to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the Principal, and AMERICAN MOTORISTS INSURANCE COMPANY , whose mailing address is 66b Carondeletee , i.Os Angeles, , as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called Citp, in the penal sum of 'twelve Thousand Four Hundred Dollars ($12,400-0 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bond ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein gpecified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of San Juan Capistrano, its officers, agents and employees, as therein stipulated, then this obligation Shall become null and void; otherwise it shall be and remain in full force and effect. 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. .The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder, or the specifications accompanying same, shall in any way affect its obligations on this bond, and it does hereby waive any notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on 15 June , 19 78 . PRINCIPAL SURETY BUTLER DEVELOPMENT caAPANY, INC. AMERICAN MOTORISTS INSURANCE COMPANY (Surety Name) Address of Subdivider: R WMA 51 /W19 Or, / /i r NOTE: Acknowledgments of execution of Principals and Surety must be attached. Bond must be attached to Subdivision Agreement. App, 6 STATE OF CALIFORNIA I ss. COUNTY OF LOS ANGELES) ,. y.♦Peeeee eeeeeeo "F CIAL SEAO eeeoes E' K ECI-iRQUE e 0 1_I FORNIA O p;OT IN rNTY v e M rc^, , ,7, 1381 ♦ ON 14 5 197@ 19 — , before me a Notary Atillueiniandng 5g�i�l State, personally appeared known to me to be the person whose name is subscribed to the within Instrument as the Attorney -in -Fact of AMERICAN MOTORISTS INSURANCE COMPANY, and acknowledged to me that he subscribed the name of said Company thereto as Surety, and his own name as Attorney -in -Fact. STATE OF CALIFORNIA ) °i COUNTY OF Orange )} SS. a On June 21, 1978 before me, the undersigned, a Notary Public in and for said County and State, personally appeared RICHARD H. LUDERS known to me to be the Vice- President, and known to me to be Secretary of the corporation that executed the within Instrument, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolu- tion of its board of directors. a Signature ✓ /->�/� GINA TAYLOR Name (Typed or Printed) 1-118 Notary Public in and for said County and State ry Public OFFICIAL SEAL GINA TAYLOR m NOTARY PVBLIC - CALIFORNIA ORANGE COUNTY kIy comm. a ililm JUN 28, 1981 (This area for official notarial seal) AMERICAN MOTORISTS INPRANCE COMPANY Home Office: Long Grove, IL 60049 ®l_� POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint *—ii •• A. F. Barker, Jacqueline Rhodes and Edward Simms all of Los Angeles, Califor- nia its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period begin- ning with the date of issuance of this power and ending December 31, 1978, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds FIVE HUNDRED THOUSAND DOL- LARS EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all inlenls and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1978. This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said American Motorists Insurance Company on May 15, 1939 at Chicago, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary or Assistant Secretary as being in full force and effect: I VOILU, fh.d the Pic,idenl uI any Vice NCSILIcnl or scuelary or any Assistant Secretary shall have power and authority to ap- point agents and anoinets in lace, and to authu11ze Them to ewcule on behalf of the company, and attach the seal of the coinp,wq thereto, bonck and andel la6ings, recugnizances, comracts it indemnity and other writings obligatory in the nature therein, and any such ollicc•r of the coulpanv Indy appoint agents for acceplance of process " This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Board of Directors of the company at a meeting duly called and held on the 22nd day of May, 1963: 1V0111), Ih3l the 11;411.nuio ut the Picsidenl, any Vice Piesldent, Secrelary or Assistant Secrelary, and the Seat of the Conn pant, 'incl the , er4h, auon 6y and Secrelary or Assistant 5cr rclary, may be affixed bllac5 nine on any power of allorney eW(U1k'd pursuant to iesilul,)n adopted bythe Board of J)neclorn on May 16, "1962, and any such power so executed, sealed and cellaled wdh resp, -,i io ,iny bond of underlal,ing to which it Is attached, shall continue to be valid and binding upon the Congranl .. In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be altixed by its authorized officers, this _ 6th day of ---September , 1977 Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY C. G Swan, sorri.l ail11 L. Kennicolt, Jr., Vue Presideol STATE OF ILLINOIS ss COUNTY OF COOK I, Jean Petzold, a Notary Public, do hereby certify that H. L. Kennicolt, Jr. and C. G. Swan personally known to me to be the same persons whose names are respectively as Vice President and Secretary of the American Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporale seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth f/1 of My commission expires: Aprif 29, 1980 lean Pel-rold, Nnlary Public CERTIFICATION 1, Sven L Johanson, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney dnled___ September -6.- 1477 on behalf of A_ F. BarkPSt_ 1aC Uelina Rhodes and Edward Simms all of Los Angeles, California (EACH)************** *attar**it**********�r**>ttt�tlsfielattat�t�t3tdtit3t�tataFatitatjtis a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this cerldlc.11e, and I do further certify that the said H. L. Kennicolt, Jr. and C. G. Swan who executed the Power of Atlorney is Vice President and Secretary respectively were on the date of the execution of the attached Power of Atlorney they duly elected Vice President and Secretary of the American Motorists Insurance Company. IN TFSTLVONI' li%tILK[ OI I have hereunto subscribed my name and affixed the corporate seal of the American Motorists Irourance Companyon this ---.JUN 1-5-t971__day of 19—. p, en l lohanxa� J,a rclen I l u P„sxer of Anorney hauls the acls of lhose named therein to the bonds and undertakings specifically named Ihemn, 311,1 Ihev have no aulhorlly to bend the Company except in the manner and to the extent herein stated. I��r I'YI\'t L)INL "�