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