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04-0907_ALL AMERICAN ASPHALT_Labor and Material BondBOND NO. 087 27 550 EXECUTED IN.TWO (2) PARTS KNOW ALLMEN UY THESE PRESENTS: That 0 pMrVoUmincluded in charge for Performance Bond. 'WHEREAS. the City of San Juan Capistrano. a municipal corporation of Orange Cpuny, Capfomia, has &Warded to ALL AMERICAN ASPHALT , Uoensa No. lheremalterdesignadedas'PrirhCipat',aCont dforRANCHO VIEJO ROAD RLUaTT.TTTATTnm.MALASPINA ROAD TO and 1700 FEET SOUTH (CIP N0. 120 VVHERFAS. said Principal is vegt*v d to kvTfth a bond in connection with the said •oomact providing that if said Principal, or any of his or is sub•oontradors. shad tall to pay for any maletrals, provisions. provender or other supplies or teams used k!, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of anykind, the surely or this bond will pay the same. NOW;THEREFORE,we ALL AMERICAN ASPHALT ,Prinpjpal.afd FIDELITY AND DEPOSIT• COMPANY � am held firmly bound unto the City of San Juan Capistrano. a murkinal corporation, in the penal8=01_ ***SEE BELOW _MUMS lowfu l nq my of the United Slates of Ameriea, for payment of which sum well and truly to be made we bird ourselves, our heirs, executors, administrators. and suooessors. jointly and severallyfhmhiy by these presents. ***EIGHTY ONE THOUSAND INE U D THIRTY FIVE AND 12/100ths($81,935.12)DOLLAR THE CONDIS IvN OIS� OBLIGATION is such that, if said PnnCipal, his or its hens, exealors, admin6trato s, successors or assigns, or sub-cordradas. shall fad 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 tabor done thereon of any kind, or for amounts due under the Unemployment kmaanoe Act With rasped to such work or labor as required by the provisions of Tice 1. Division S. -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 specif W in this bond and also to case suit is brought upon the bond. a reasonable attorneys fee to be fixed by the court. This bond shall ince to the benefit of any and all persons. companies and corporations entitled to Ula 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 surely, for value received, hereby stipulates mhd agrees that no change, extension of lime, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation 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. 9 As a part of the obligation secured thereby, and in adMiion to the two amount cpeol(ied therefor; there shall be included ousts and reasonable expenses and fees, WudkV reasonable attorney's fees, maxTed by City in suooessftAly antor<.*V such obligation, 811.to be taxed as•costs and included in any jiMgam t nNxWc%d. two (2) IN WITNESS WKMEOF t (M idenW d cotrrAerpauts of this insbwneK each -of which shah for aft pupvses be deemed an ongitial owed. trace been duly exearbedthe -Pnnoipai and uxety herein named on the 16th day of AUGUST, 2004 9� The name and oarporate seal of each corporate party being hereto afkKed and these Pr wft duty signed by its undersigned representatives pursuant to wAhanty of its governing body. ALL AMERICAN ASPHALT PRINCIPAL ftl!�! ROBERT BRADLEY, VICE ESIDENT FIDELITY AND DEPOSIT COMPANY APPROVED AS YO FORM QoNisA&ITYATTORNEY a. CALIFORNIA AL PURPOSE ACKNOWLEDGM10" Site of Cadfonni 85. CW* of ORANGE On 8-16-04 bekrre me, BARBARA J. BENDER rr u.r.air.aor�fw.-roa..wrir^�7 peclonsilly appealm OMEN K. BRONN hawtaso.pn 3Upersonaiy known to me xatmc to be the persons) whose name(4 is/11M subscribed to the widen insVwTw4 and acknowledged to me dit haftbdhVMectg0d the sane kr audrorired capadtfels), and dit by hWrAM Mk q on dire instnsnent the person(p), or the jbfft upon betmif of which the person(di OPTIMAL ,bough 6B &AWM d(an tWow is Int a9L*vdb1'bW jrnYPa,,,math, bPowIa mift oo M d=oowW eat 00UW Pour h2tldldlld waeVAlad aetla.7nMat d th"rbla bw10llfYd7clme/I. D88p'"m of AttlredW Don"Off>t LABOR & MATERIAL BOND NO. 087 27 553 Tide or Type d Doasnat Document Dale: 8-16-04 NnsrfnaofPages: TWO (2 ) Signer(s) OdterThan Named Above: Capateity(k a) Clahmd by WWW ALL AMERICAN ASPHALT Signets Nemo: OMEN M BROWN O Individual Top of W We O Capon" Oflfoer—TrTle(s): 0 Pakner—OUmiid OGenemi XX1(A#Dmey-k~ 0 Trustee 0 Guardian or Canetvdlor 0 011W. Signer is pepmsgr&Vg FIDELITY AND DEPOSIT COMPANY OF MARYLAND Ot0a0YrmOMOgMwfiOn•20 e. GW*PA. ea2w2. CftWNWftp1Po MmW Ibsbc W VA 406CMn SZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, Zurich American Insurance Company, and American Guarantee and Liability Insurance Company are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is $_waived_. This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is I% of direct earned premium in the prior year; for 2003, 7% of direct earned premium in the prior year; for 2004, 10% of direct earned premium in the prior year; and for 2005, 15% of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed $100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life, property or infrastructure; 3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 0 0 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and L. L. GOUCHER, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, wh'xll set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof dLL s. S* nate, constitute and appoint Owen M. BROWN, of Anaheim, California, its true and lawf� 4+ Y- , to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and o A ngs, and the execution of such bonds or undertakings in pursuan p s }I' on said Company, as fully and amply, to all intents and purposes, as it t xec dq�El�C� ged by the regularly elected officers of the Company at its office in Bal ' r� heir g r his power of attorney revokes that issued on behalf of Owen M. BRO f�lat8 v 22, ]&,%TV 1� The said Assistant Section 2, of the By-. gj lyd That the extract set forth on the reverse side hereof is a true copy of Article VI, and is now in force. IN WITNESS WAFREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this I I th day of February, A.D. 2003. ATTEST: State of Maryland ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND l/ Imo/'' 41cl� By: L. L. Goucher Assistant Secretary M. P. Hammond Vice President On this 11th day of February, A.D. 2003, before the subscriber, a Notary Public of the Stale of Maryland, duly commissioned and qualified, came M. P. HAMMOND, Vice President, and L. L. GOUCHER, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument. and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Sandra Lynn Mooney Notary Public My Commission Expires: January I, 2004 POA -F 012-4160 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 16th day of August 2004 An'si.stant Se, mw,N CALIFORNIA ALL-PURPOSE innnnnnnnJ u v �ruv State of California County of Riverside ss. On August 20. 2004 before me, Tennille Morris, Notary Public, Date Name and Title of Officer Personally appeared Robert Bradley Name(s) of Signer(s) j TE missio MORRIS Commisslon 4 1374628 No Public — Coliforniat Riverside County My Comm. Expires Sep 13, 2006 OPTIONAL L( personally known to me _proved to me on the basis of satisfactory evidence to be the personof whose names$) is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in hls/heritpeir authorized capacitypeet, and that by hisiheNMeir signature on the instrument the person) or, the enbb'ty upon behalf of which the person96 acted, executed the instrument. WITNESS my hand and official seal, ( Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Labor and Material Bond Document Date: August 16. 2004 Number of Pages: 2 Signe Other Than Named Above: Fidelity and Deposit Comoanv of Maryland Signer's Name: Individual XCorporate Officer TitleX.: Vice President _Partner- Jimited _General _Attorney -in -Fact _Trustee _Guardian or Conservator Other: Signer is Representing: All American Asphalt Top of thumb here vu