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1978-0627_BUTLER DEVELOPMENT_Faithful Perf Bond No. 8SM 174 452 (Public)Bond No. 8SM 174 452 Tract No. _10090, Dire-,t ,n r_., --. _� a to� Project Prem 1266 =` BOND FOR IMPROVEMENTS .-s, Cniia, -J057 (FAITHFUL PERFORMANCE) (213) 3,23-2168 WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and BUTLER DEVELOPMENT COMPANY, INC. whose mailing address is 17871 Santiaao Boulevard, #223, Villa Park, CA 926(7 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 10090 ) (Project ) is hereby referred to and made a part hereof; and 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 is685 Carondelet Streer, Los Angeles, California , as Surety, are held and firmly bound unto the City of San Juan Capistrano, Ne, . Dcalled City, in the penal sum of ONE HUNDRED TWENTY SIX THOUSD�s ($126,600.00 ) 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 4agreement and any alteration thereof made as therein provided, on his or itheir part, to be kept and performed at the time and in the manner therein specified, 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 , 1978 PRINCIPAL SURETY BUTLER DEV LOP ENT COMPANt'Y, INC BY: ,� Y•� By By Address of Subdivider: NOTE: Acknowledgments of execution of Principals and Surety must be attached. Bond must be attached to Subdivision Agreement. App. 6 STATE OF CALIFORNIA S 35. COUNTY OF Orange 11 a June 21 1978 before me, Co On the undersigned, a Notary Public in and for said County and State, personally appeared Vice— president, and known to me to be the 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. OFFICIAL SEAL GINA TAYIOR NOTARY PUSLIC - CALIFORNIA ORANGE COUNTY Signature f — My WmNspires ires AM 23, I`.el 6 s / Name (Typed or Printed) 1-I1 S (This area for official notarial sea]) Notary Public in and for said County and State STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES) ON JUN 1 5 197$ 19 before me a Notary Public in and for said State, personally appeared -Tnrnueline Rhodos �eeeeeeeleeeeeeeeweeeelll♦♦1� ♦ orPlclaL SEAL a known to me to be the person whose name is subscribed to the o �4 "X-1_. K. BOURQUE IF within Instrument as the Attorney-in-Fact of AMERICAN ,'. O♦ ;, ce�n.i Y NOTARY PUTIC-CALIFORNIA MOTORISTS INSURANCE COMPANY, and acknowledged to //"'JJJ ♦ 1, Cy PR'tl 4: OFF:C'c IN ♦ Los ANGELES COUNTYi me that he subscribed the name of said Company thereto as My Commission Expires Alar 17, 1981 : Surety, and his own name as Attorney-in-Fact. eeeeoeeeeee.eee....o.+aaso.•ee Notary Public