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1996-0422_KI/FKLA RANCHO REALTY_Rider i Y 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: Rider to Bond Number 10086998095100, reducing the original bond amount of $764,000, to $488,960 effective 4/22/1996; the bond is in favor of the City of San Juan Capistrano for Camino Capistrano Street improvements (SEAL) Cheryl Johnson, ' Cl San Juan Capistrano, California DATED: This 3rd day of September, 1998 , 3 Y- d _-r _ - .- v r . RELEASED RIDER DATE 2hiqg To be attached to and form part of: INITIALS d90/4-445 On Bond Number 10086998095100 effective 12/18/1995 issued by the THE AETNA CASUALTY AND SURETY COMPANY in the amount of $764.000.00 on behalf of KI/FKLA RANCHO REALTY, LLC A DELAWARE LIMITED LIABILITY COMPANY (Principal) and in favor of CITY OF SAN JUAN CAPISTRANO (Obligee) on Camino Capistrano Street Improvements Now therefore, it is agreed that in consideration of the premium charged, the attached bond shall be amended as follows: The bond penalty shall be de creased as follows: FROM: Seven Hundred Sixty Four Thousand and 00/100 ($764,000.00 ) TO: Four Hundred Eighty Eight Thousand Nine Hundred Sixty and 00/100 ($488,960.00 ) It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged. This Rider is to be Effective the 22nd Day of April 1996 Signed, Sealed &Dated this 3rd Day of May 19 96 KI/FKLA RA CHO '_A L •ELAWARE LIMITED LIABIL C•MPA I (Principal) By: / 414 ,�4 Wanda J. Chihak, - President THE AETNA CASUALTY AND SURETY COMPANY (Surety) By, :, i �_'����CJ • %fly.../_ TheresanE: Row Wider , Attorney-in-Fact f... — I ..- \. A ... ,......., . .. .ilitl,,,,,),- • , e I. al . N.'''. ',..,.\-' •,:,e'l, v ..-i ... n . . ' k ' . . . . ,. . _ '::,'i -•)/1,-,,e .,- ; . . . ,.„ , ..,.,,.:i,,,, .• . .. -:- • , . - :, . ,•.• ,, 1.\•J ••':-;•-, • ; - . . .. . . ' '", •,',,,,,, .,, ,.. . . . • . , .. .., .. . . .. . . . . . ... . . . ,..'• A: :' ' • .. .. . . . - . • . , • . . .:. . . . . • . . • . . , . . . .. . . . . - .: .• . . , i . . .. ' .. . . . .• . . • .. • • ..., . . . ... .. . , . . . r . - . . . ... - ... . .. . . , .. ay..... ..'"'', . . . ...... . , i'. • .i: . : . .. . , . i .. . l i ' (:..i .• ' - _,f t - • . .-1.:1 . _ ; ...,_,) ..,..i , ,..._, . 1 I 1 i •f.:' CIL • ` "r - THE AETNA CASUA-v 1ND SURETY COMPANY `T • Hartford, .cticut 06156 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(SI-IN-FACT KNOW ALL MEN BYTHESE 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 L. Brown or Christine' Zaretsky — — of Chicago, IL ,its true and lawful Attorneytsi-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. Hated ,the following instrument(s): by his/her sole signature and act,any and alt bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond, recognizance,or conditional undertaking and any and ell 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 Attorney(s).-In-Fact,pursuant to the authority herein given,are hereby ratified end 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 end 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 seat with the Company's seal bonds,recognizances,contracts of Indemnity,end other writings obligatory In the nature of a bond.recognizance,or conditional undertaking,end +It 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 le)signed by the Chairman,the Vice Chairman,the President,en Executive Vice President. a Group Executive,a Senior Vice President,a Vice President,an Assistant Vice President or bye Resident Vice President,pursuant to the power prescribed in the certificate of authority of such Resident Vice President,and duly attested and seated 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 Rai 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 and 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 Chairmen,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 end undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shalt be valid and binding upon the Company end any such power so executed and certified by such facsimile signature and facsimile seal shell be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. i IN WiTNESS WHEREOF.THE AETNA CASUALTY AND SURETY COMPANY has caused this instrument to be signed by its Vice President, and its corporate seal to be hereto affixed this 16th day of November .1995 . THE AETN ASUALTY AND SUR - COMPANY State of Connecticut ss.Hartford =' cam« ' BY �� �"" County of Hartford +'«, .x' gorge hom. • Vice P dent On this 16th day of November ,19 95 ,before me personally came GEORGE W.THOMPSON to me known,who, being by me duty sworn,did depose and say: that he/she is 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. oc os4ya a�,4 '4hoso,cci My commission expires August 31.1998 Notary Public Dorothy L.Marti CERTIFICATE i,the undersigned,Assistant Secretary of THE AETNA CASUALTY:AND SURET'/,COMPANY,a stock corporation of the State of Connecticut.DO HEREBY CERTIFY that the foregoing and attached Power of Attorney-end.Ccrtificetd•of Authority remains in full force and has not been revoked; end furthermore.that the Standing Resolutions.of the Buepd of Directors.asset fartti'in the Certificate of Authority,are now in force. Signed and Sealed at the Home Office of the Company,in the City-of Hart:ord,Sfata�o(Connecticut.Dated this 3rd day of May t9 96 • - • r _ u Rose Gonsoulln Assistant Secretary S-1921-F(MI(7-951 4 , , : . State of California County of Riverside On October 15, 1996 , before me, Renee D. Gentry, Notary Public (NAME,TITLE OF OFFICER-I.E.,"JANE DOE, NOTARY PUBLIC") personally appeared Wanda J. Chihak (NAME(S)OF SIGNER(S)) [ X ] personally known to me -OR- [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and :412N., Renee D. Gentry ^E that by his/her/their signature(s) on the RNIA 0Comm 'OL34 2 tY NCT RVERDCCCAUNG) instrument the person(s), or the entity oaN_ Comm.Exp.Oct.25,1999 upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. (SEAL) SIGNATURE OF NOTARY A • • • ® ' 42•21- RECEIVED Real Estate Partners, LLC OCT 18 3 s7 PH °99 CITY CLERK DLPARTHENT CITY OF SAN October 16, 1996 JUAN CAPISTRANO Ms. Cheryl Johnson, City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 29675 RE: Rider to Bond-Parcel Map 85-306 Dear Ms. Johnson: Please find enclosed the original rider to our bond number 10086998095100 to reflect the correct amount of the reduction to $488,960.00,per the Council's Resolution Number 94-64-16-2. If you have any questions,please feel free to contact me. Very truly yours, �GGv /���E%fG�'�� athylee Rocha Project Coordinator enclosure cc: Mr. Sam Shoucair, Engineering and Building Director • 27555 YNEZ ROAD, SUITE 200 •TEMECULA, CALIFORNIA 92591 • 909/676-5641 • FAX 909/694-0749 vP State of Illinois County of Cook JZ On this 3rd day of May , 19 96 . before me personally appeared EI Theresan E. Rowedder , known to me to be the Attorney-in-fact of • The Aetna Casualty and Surety. Company ,the corporationthatexecutedthewithininstrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand andaffixed my official seal, at my office in the aforesaid county, the day and year in the certificate first above written. ^ AtYP%-et--- -Ali "OFFICIAL SEAL" (Notary Public) Anna Formhals Notary Public, State of Illinois My Commission Expires 10/6/97 •