1995-1221_KI/FKLA RANCHO REALTY_Labor & Material Bond COPY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California,
DO HEREBY CERTIFY that the attached is a true and correct copy of the following document:
Labor and Material Bond No. 100869980-95-100 for Camino Capistrano Street
Improvements, in the amount of$764,000
i # ff cIE�D
(SEAL) ,-///a96 dO aGa4-M •
•i0
Cheryl Johnson,; ity 'rk
San Juan Capistrano, California
DATED: This 3rd day of September, 1998
_
( ) NO. 100869980-95-100
• LABOR AND aumittAL; BOND /Vietaidgdateet)h)
100/ned
o //6/96 to
KNOW ALL MEN BY THESE PRESENTS: That 1/Ser 96o
WHEREAS, the City of Sart Juan Capistrano, a, municipal corporation of
Orange County, California, has awarded to KI/FKLARancho Realty, LLGaa Delaware
Limited Liability Company ) License No.
hereinafter designated as "Principal", a contract for_ Camino Capistrano Streetr_�
Improvements as "required by a Subdivision Improvement Agreement recorded with • •
the Orange County (Calif.) Recorder's Office as Document No. 87-397561.
WHEREAS, said Principal is required to furnish a bond in connection with the
said contract providing that if said Principal, or any of his or its sub-contractors, shall fail
to pay for any materials, *provisions, provender or other supplies or teams used in, upon,
for or about the performance of the work contracted to be done, or for any work or labor
done thereon of any kind, the Surety or this bond will pay the same.
•
NOW, THEREFORE, we KI/FKLA Rancho Realty, 'LLC a Delaware Limited
Liabilit4ify2fA .nyand The Aetna Casualty and Surety Company
as Surety are held firmly bound unto the City of San Juan Capistrano, a municipal
corporation, 'in the penal sum of Seven Hundred Sixty Four Thousand and 00/100
DOLLARS ($ 764,000.00 ), lawful money of the United States of America, for
payment of which sum well and truly to be made webind 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
J L•
' shalt inure to the bertafit of any and ail persona, 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 oblsgation 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.
IN WITNESS WHEREOF 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 21st day of
December 19 95 . 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.
•
PRiNCIP-By Ae
//r-Wagw
Aetna Casualty and Surety Company
URETY
/
Theresan E. Rowedder, Attorney-in-Fact
APPROVED AS TO FOR 4.
Ar
CITY ATTORNEY
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Page 2 - Labor ck Materials Bond - . -
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ACKNOWLEDGEMENTS
STATE OF CALIFORNIA )
) SS.
COUNTY OF CONTRA COSTA )
On December 22, 1995, before me, K. DeGaine, Notary Public, personally appeared
Frederick L. Stephens, personally known to me to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the within instrument the person, or entity upon behalf
of which the person acted, executed the within instrument.
WITNESS my h d and official seal.
•
....7. • Li .cti../Le_
:., K.DEGAINE
Notary Public 'n and fory
County and State ; ''�,; , commission#1077045 Z
z0,+e` Notary Public—California
z 'r••C ?q,' Contra Costa County
;', My Comm.Expires Nov 22,1999
un THE AETNA CASUALTY ANn SURETY COMPANY
Hartford,Connec� 06156 'e
• ,
•
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL MEN BY THESE PRESENTS,THATTHE AETNA CASUALTY AND SURETY COMPANY,a corporation duly organized under the laws of the
State of Connecticut,and having its principal office in the City of Hartford,County of Hartford,State of Connecticut,hath made,constituted and
appointed,and does by these presents make,constitute and appoint
Robert E. Duncan, Geoffrey E. Heekin, Donna Wright, Patricia Thurmond
Theresan E. Rowedder, Garry L. Wesselink, Jennifer Brown, Connie Mizaur *
of Chicago,IL ,its true and lawful Attorney(sl-in-Fact,with full power and authority hereby conferred
to sign,execute and acknowledge,at any place within the United States, or. if the following line be filled in,within the area there desig-
nated ,the following instrumentlsi:
by his/her sole signature and act,any and all bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,
recognizance,or conditional undertaking and any and all consents incidents thereto
•
•
•and to bind THE AETNA CASUALTY AND SURETY COMPANY,thereby as fully and to the same extent as if the same were signed by the duly
authorized officers of THE AETNA CASUALTY AND SURETY COMPANY.and'lithe acts of said Attorneyls)-in-Fact,pursuant to the authority herein
given,are hereby ratified and contra-med.
This appointment is made under and by authority of the following Standing Resolutions of said Company,which Resolutions are now in full force
and effect:
VOTED:That each of the following officers:Chairman,Vice Chairman,President,Any Executive Vice President,Any Group Executive,Any Senior
Vice President,Any Vice President,Any Assistant Vice President,Any Secretary,Any Assistant Secretary,may from time to time appoint Resident
Vice Presidents,Resident Assistant Secretaries,Attorneys-in-Fact,and Agents to act for and on behalf of the Company and may give any such
appointee such authority as his certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,
recognizances,contracts of indemnity,and other writings obligatory-in the nature of a bond,recognizance,or conditional undertaking,and any of
said officers or the Board of Directors may at any time remove any such appointee and revoke the power and authority given him or her.
VOTED:That any bond,recognizance.contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking
shall be valid and binding upon the Company when la)signed by the Chairman,the Vice Chairman,the President.an Executive Vice President,a
Group Executive.a Senior Vice President,a Vice President,an Assistant Vice President or by a Resident Vice President,pursuant to the power
prescribed in the certificate of authority of such Resident Vice President.and duly attested and sealed with the Company's seal by a Secretary or
Assistant Secretary or bye Resident Assistant Secretary,pursuant to the power prescribed in the certificate of authority of such Resident Assistant
Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact pursuant to the power prescribed in his or their certificate
or certificates of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under end by authority of the following Standing Resolution
voted by the Board of Directors of THE AETNA CASUALTY AND SURETY COMPANY which Resolution is now in full force and effect:
VOTED:That the signature of each of the following officers:Chairman,Vice Chairman.President,Any Executive Vice President,Any Group
Executive,Any Senior Vice President,Any Vice President,Any Assistant Vice President.Any Secretary,Any Assistant Secretary,and the seal of the
Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident
Assistant Secretaries or Attorneys-in•Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the
1 * nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the
Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company
in the future with respect to any bond or undertaking to which it is attached.
} IN WITNESS WHEREOF,THE AETNA CASUALTY AND SURETY COMPANY has caused this instrument to be signed by its Assistant Vice President,
and its corporate seal to be hereto affixed this 28th day of April ,t9 94
THE AETN• CASUALSU
/1",U'- COMPANY
State of Connecticut �
1 ss.Hartford
Gear! Tho
�
Assistant Vice Presiden
County of Hartford
On this 28th day of April .19 94 ,before me personally came GEORGE W.THOMPSON to me known,who,
being by me duly sworn,did depose and say:that he/she is Assistant Vice President of THE AETNA CASUALTY AND SURETY COMPANY,the
corporation described in and which executed the above instrument:that he/she knows the seal of said corporation:that the seal affixed to the said
instrument is such corporate seal;and that he/she executed the said instrument on behalf of the corporation by authority of his/her office under
the Standing Resolutions thereof.
t4; i
`ti:•ae; ` My commission expires August 31.1998 Notary Public
Dorothy L Marti
CERTIFICATE
I,the undersigned,Secretary of THE AETNA CASUALTY AND SURETY COMPANY,a stock corporation of the State of Connecticut.DO HEREBY
St
CERTIFY that the foregoing and attached Power of Attorney-end Certificate:of Authority remains in full force and has not been revoked;and
furthermore,that the Standing Resolutions of the Board of Directors„as set forth in the Certificate of Authority,are now in force.
•7 Signed and Sealed at the Home Office of the Company:in the City of_Hartford.Stite of Connecticut.Dated this 21st day of •
--December '19 95
. BY
- - William T.DiRoberts
.S-1921-F(M)(3-93) „• •
' '" Secretary
State of Illinois
t County of Cook
S
On this 21st day of December , 19 95 , before me personally appeared
Theresan E. Rowedder , known to me to be the Attorney-in-fact of The Aetna Casualty and Surety Company
,the corporation that executed the within instrument,and acknowledged to me that such
a
corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at m office in the aforesaid
county, the day and year in the certificate first above written. /
. ;
/
U /
V
14
"OFFICIAL SEAL" (Notary Public)
Mary Lisa Schuler
Notary Public, State of Illinois
fvly Commission Expires 2/26/97