Loading...
1995-1221_KI/FKLA RANCHO REALTY_Performance Bond t J tiNtyyW K1e:+• STATE OF CALIFORNIA 1 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: Statutory Performance Bond No. 100869980-95-100 for Camino Capistrano Street Improvements, in the amount of$764,000 (SEAL) .i Cheryl Johnson, ty jerk San Juan Capistrano, California DATED: This 3rd day of September, 1998 l :) NO. 100869980-95-100(0, - J . ; $1'ATUTORY >�l~�tFORMANCZ BOND CDLP.1Yl ea el- L{//!0/96 fo 4(88 goo KNOW ALL MEN BY THESE PRESENTS, that KI/FKLA Rancho Realty, LLC a Delaware Limited Liability Company , as Principal, hereinafter called CONTRACTOR, and The Aetna Casualty and Surety Company as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as obligee, hereinafter called CITY, in %he amount of Seven Hundred Sixty Four Thousand and 00/100 Dollars ($ 764,000.00 ) for payment whereof Contractor and Surety bind themselves, their heirs, executors, adrttinistrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor is required to provide a faithful performance bond pursuant to the statutory requirements of the San Juan Capistrano Municipal Code to guarantee certain work, more particularly described as follows: Camino Capistrano Street Improvements ap required by a Subdivision Improvement Agreement recorded with the Orange County (Calif.) Recorder's Office as Document No. 87-397561. • NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly end faithfully perform said statutory obligation, then this obligation shall be null and void; otherwise it shall remain in full force and effect Surety waives whatever legal right it may have to require that a demand be made first against the Principal in-the event of default. BE IT FURTHER RESOLVED, that: L. As a part of the obligation secured hereby, and in 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 corm and included in any judgment rendered. r - - - - ' 2. Said Surety, for v4Lue received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of statutory obligation, or of the work to be performed thereunder, shall in any way affectits obligations or this bond, and it dues hereby waive notice of any such change, extension of time, alteration, or modification, or of the work to be performed thereunder. ExeCuted this 21st day of ...... December ,15 95 95 at Chicago, Illinois California. Aor ,A4111fr AFPROVED AS TO FORM: (INOTARIZATION AND SEAL) City t4art}ey The Aetna Casualty arid,.Surety Canpany Theresan E. Rowedder, Attorney-in-Fact (NOTARIZATION AND'SEAL) - • Page 2 - STATUTORY PERFORMANCE BOND t r. • , ‘01.111.1///, • • ) .• °, • i • THE AETNA CASUALTY AND SURETY COMPANY • iEtna�. Hartford,ConneVr—r! 06156 • t J y . POWER OF ATTORNEY AND CERTIFICATE,OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL MEN BY THESE PRESENTS,THAT THE 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 Attorneylsl-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 instrument(s): 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 all the acts of said Attomey(s)-in=Fact,pursuant to the authority herein given,are hereby ratified and confirmed. 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(a)signed by the Chairman,the Vice Chairman,the President,an Executive Vice President.a i 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 bye 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 end 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 1 Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and otherwrirings obligatory in the 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 A ril ,19 94 p THE AETN• CASUAL 'SU' COMPANY u01 By State of Connecticut Geor, Tho ss.Hartford -••, County of Hartford • Assistant Vice Preside On this 2 8th 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. • ~r•�• ` 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 CERTIFY that the foregoing and attached Power of Attornei=an'd,Certificate of1Authority remains in full force and has not been revoked:and furthermore,that the Standing Resolutions of the Board-of Diizetors.as set ferth:in the Certificate of Authority,are now in force. Signed and Sealed at the Home Office of the Company,in the City of-Hartford;State-of Connecticut.Dated this 21st day of -- December ,19 95 ,`.S,' BY ' William T.DiRoberts • .S-192I-F(M)(3-93) Secretary State of Illinois County of Cook • f 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 ! corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid county, the day and year in the certificate first above written. / 1• - / "OFFICIAL SEAL" (Notary Public) Mary Lisa Schuler � Notary Public, State of Illinois L My Commission Expires 2/26/97 j ( • 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 and and official seal. 4„.„ K.DEGAINE ..1,c.zitz) Commiss(on#1077045 Notary Public in and fo aid County and State z gig Notary Public—California § Contra Costa County My Comm.Expires Nov 22,1999 • •