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1978-0627_BUTLER DEVELOPMENT_Labor & Materials Bond No. 8SM 174 452Bond No. BSM 174 452 • Tract No. 10090 *r Project BOND FOR IMPROVEMENTS (LABOR AND MATERIALS) WHEREAS, the City Council of the City of San Juan Capistrano, County of Orange, State of California, and BUTLER DEVELOPMENT COMPANY, INC. , whose mailing address is 17871 Santiago Blvd., Suite 22 , villa Park, Ca. , hereinafter designated as Principal, have entered into an agreement whereby Principal agrees to install and complete certain designated improvements, which said agreement dated , 19 , and identified as (Subdivision Agreement for Tract No. 10090 (Project ) is hereby referred to and made a part hereof; and WHEREAS, Under the terms of said agreement,'Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of San Juan Capistrano to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, said Principal and the undersigned as corporate Surety, are held firmly bound unto the City of San Juan Capistrano, and all con- tractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the afore- said Code of Civil Procedure in the sum of fnmmRFn maENIY SIX THOUSAND SIX HUN Dollars ($ »� �nn.nn ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect Oto such work or labor, that said Surety will pay the same in an amount not • exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and ,,reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the Court, and to be taxed as costs and to be included in the judgment therein rendered. It is expressly stipulated and agreed that this bond shall inure to the rbenefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or ;their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the said agreement or the specifi- cations accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. 4N WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on 15 June , 1978 PRINCIPAL SURETY BUTLER D P 7 COMPANY, INC AMERICAN MOTORISTS INSURANCE COMPANY Surety Name) BY• ���r ��• M By By ttorney-in Address of Subdivider: (Jacqueline Rhodes /787/cam% �1� - #LL3 NOTE: Acknolwedgements of execution by Principals and Surety must be attached. Bond must be attached to Subdivision Agreement. App. 7 6 (P STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES) 3APP®♦@A�OOAfSA000�0A� - � p' ;VAL •,rL ^EPL i l< r;J:iRQUc „1 NCMIT IN V 'n Ex, ac illjy `-7, 1581 A ... .xOOY�V Y60 aPOMo=-iaivn^a00 STATE OF CALIFORNIA COUNTY OF Oranf ON 41978 19 _ , before me a Notary Public in and for said State, personally appeared .1acciueliIlo RI -des 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. SS, 0.June 21, 197$ before pie, the undersigned, a Notary Public in and for said County and Sika e, personal) appeared ppeared RICHARD H. LUDERS Ik known to me to be the V1Ce— 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 hoard of directors. nSignature A i GINA TAYLOR Name (Typed or Printed) 1-118 Notary Public in and for said County and State Public OFFICIAL SEAL GINA TAYLOR NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY MY MM SXPIM JUN 28, 1981 (This area for official notarial seal) AMERICAN MOTORISTS INORANCE COMPANY , hiomg Office: Long Grove, IL 60049 ®YIS11RafRY cltaeltes 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 .••++•+ A. F. Barker, Jacqueline Rhodes and Edward Simms all of Los Angeles, Califor— nia (EACH}********************************************************** 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 intents 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: 'VOILD, that the President ul any Vtce Ihesidenl of Secrelary or any Assistant Secretary shall have power and authority to ap- point agenls and allorley' in tact, .lnd In aulhooze them to execute on behall of the company, and attach the seal of the company Iheretu, bundk and undortakings, recognizances, contracts of Indemnity and other wolings obligatory in the nature therein, and trill such ulhcrr ul the cumpanc may appoint agents for acceptance 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: VOTLD, Ihal the sll;na hoc ul the President, dmy Vice President, Secrelary or Assislanl Secrelary, and the Seal of the Com- pany, and the certdicauun by dny Seurtdry or Assistanl Secretary, may be affixed by lacsimile on any power of attorney executed pursuant hr Iesulunon adopled by the Buaki of Directors on May 1b, "1962, and any such power so executed, sealed and cerlitled Mill respect to any bond ut undertaking to which it is attached, shall conlinue to be valid and binding upon the Company " In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this _ 6th day of_ September , 19= Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY By C. C. Swan, Sar relary III L. Kennicolt, Jr, Vice Precmdenl STATE OF ILLINOIS 11 ss COUNTY OF COOK I I, Jean Pelzold, 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 Motorisls 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 corporate 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 My commission expires: April 29, 1980 lean PetAokl, Notary Public CERTIFICATION I, Sven L. Johanson, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney dated - SeptEmber-6i_ 1977 -on behalf of_A.._F.-_Barker, Jar.gi3P1 j ne Rhodes and Edward Simms all of Los Angeles, California (EACH)************** *it***tt***jt**�L**its**atat�tittttt*itit�t�Ljt�tdtat3titat*jtitit**3t is 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 certfftcafe, and I do further certify that the said H. L. Kennicoll, Jr. and C. G. Swan who executed the Power of Attorney as Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WHLRU01, I have hereunto subscribed my name and affixed the corporate seal of the American Motorists Insurance Company on thisday of_ _ 19—. S. en L Inh ensun, Secr clan this I'uwol of Attorney limits the acts of those named therein to the bonds and undertakings specifically named thenen ,md they have no authority to bind the Company except in the manner and to the extent herein stated. iv, 011"nn IN 1� Subdivision Bond—California Faithful Performance—Public Work Bond No. 8SM 174 453 ------------------------------ Pren 25.00 AMERICAN MOTORISTS INSURANCE COMPANY KEMPER $UMki Home Office; Sheridan Road at Lawrence Avenue, Chicago, Illinois 60649,,, SUBDIVISION BOND Xttow All Mrlt bg 114rSp Frr5tl1t5: That.....B�E.---DEVEIOPMENT COMPANY, INC. -------------------------------------------------------------------- Principal, and the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto. -.CITY OF SAN JUAN CAPISTRANO ONE OUNO/109–---------------- -----------------------------------------------------------_-.tn the sum of---------------•-TH--------SAND--------------AND------------------------------------------------......---- ---------- .), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors, and assigns, jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that, whereas the above -bounden Principal has entered into a contract, dated ..... ..--- .......................... 19......... with CITY OF SAN JUAN CAPISTRANO - to do and perform the following work, to -wit: ALL NECESSARY MONUMENPATION IN TRACT 10090 NOW, THEREFORE, if the above -bounden Principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED and SEALED this. ..... 15...... day of ...... .t! FM 602 7-68 2M 1978--... BUTLER D ..PMN COMPANY, INC. (Seal) BY: Principal MOTORISTS Attorney -in -Fact PRINTED IN U.S.A. STATE OF CALIFORNIA ) COUNTY OF Orange )} SS. On June 21 • 1978 before me, the undersigned, a Notary Public in and for said County and State, personally appeared RICHARD H- LITTIERS 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. Signature 4/ 09 i ������GINA TAYLOR Name (Typed or Printed) 1-118 Notary Public in and for said County and State STATE OF CALIFORNIA ' ss. COUNTY OF LOS ANGELES) ►111111111III OFFICIAL SEAL 11111 K, EOURQUE NOTApV FUC,`I OrCf,LIFORNIA Y FFi:�C` V%CE IN 1 ♦ -� LUS tNGLLr,S COUNTY • �` ires may 17, 1981 ply Commission Exp ♦1110111111111111Y1�`Oi111wp111 ON OFFICIAL. SEAL GINA TAYLOR • NOTARY PUBLIC • CALI/OMNIA oRANGE COUNTY My comm, nor*$ lUN Z8 1983 (This area for official notarial sea]) 19 — , before me a Notary Public in and for slid 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. Public AMERICAN MOTORISTS ARANCE COMPANYWSUR _ Home Office: Long Grove, IL 60049OMFWM 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******** A. F. Barker, Jacqueline Rhodes and Edward Simms all of Los Angeles, Califor- nia (EACH)iE�r>t�L**�r�LaL�Lit�LaLit�L�L�raL�L�r�rar�r*�L*at�L*�r�r�rlL*aLaL*iL*�r1raLaF***�LaLifaF*�F tat�F**�t***�F�taF t 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 0500,000.00)**iter*�L�r*�F****�t*wirar�L�L�F�titiF+F**�FaFarit�F�r�L*aL*�L*�LiE�L*�L*�L 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 lime by the American Motorists Insurance Compeny. 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 intents 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: "VUTLD, Thal the President or .rny Vice President or Secretary or any Assistant Secretary shall have power and authority to ap- point agems and anunleys In lace, and io auihurize them w execole on behall of the company, and allach the seal of the company lherelo, bonds and undcliaking,, racognfzan(os, contracls ut indemnity and other writings obligatory in the nature thereof, and am such oltaer of the cumpam nrly 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: "VUTLD, Ihal die sif;n.nule of fhe President, any Vice President, Secretary or Assistant Secretary, and the Seal of the Com- pany, and the ,eltibcennn by ant Secrclary or Assistant Srcm_lary, may be alllxed by lacsimife ort any power of attorney eseudedpursuanl to resolution adopled by the Huard of Directors on May 16, "1962, and any such power so executed, sealed and terbhed ,vllh respect to any bund or undertaking to which it is attached, shall continue to be valid and binding upon the Compunt.,. In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this _15—th--day of__Septt 32 19 77 AttestedandCertified: `AMERICAN MOTORISTS INSURANCE COMPANY By �4 C G. Swan, Ser r CIJI It. L. Kennicoll, Jr., Vice Presatent STATE OF ILLINOIS ss COUNTY OF COOK I, jean Pelzold, if Notary Public, do hereby certify that H. L. Kennicott, 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 corporate 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 p� My commission expires: April 29, 1980 fean Pelrold, Notary Public CERTIFICATION I, Sven L. Johanson, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney dated _September -69_ 1977 on behalf of _ A_ F_ Barker_ cquP1 i nP Rhodes and Edward Simms all of Los Angeles, California (EACH)************** *�L*ata,*****at*itar**!t*tt*atictTlt�titit�titit�t*It*�t3tat�t�t*�tattit�Lit is 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 certifrc,ile; and I do further certify that the said H. L. Kennicoll, Jr. and C. G. Swan who executed the Power of Altorncy as Vice President and Secretary respectively were on file date of the execution of the attached Power of Attorney the duly elected Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WffLR101, I have hereunto subscribed my name and affixed the corporate seal of the American Molonsts Insurance Company on this -------_-- day of -.__—_.— _. 19_. / su•n 1 lohensun, Seu clan lhls P,n.or of Attorney limos fhe acts of those named thereto to the bonds and undertakings specifically named theroin..Ind they have no iuihorly to hind the Company ext epl In the manner and to the extent herein stated. I,tt „HI\Iln l\, 1i