1994-0921_D.M. KISLING CONSTRUCTION_Payment Bond No 13507970 •
PAYMENT BOND
We, D. M. KISLING CONSTRUCTION
0
Bond No. 1350797
Premium INCLUDED
as principal, and INSURANCE COMPANY OF THE WEST as
Surety, jointly and severally, bind ourselves, our heirs,
representatives, successors and assigns, as set forth herein, to the
CAPISTRANO VALLEY WATER DISTRICT, herein called "District" for
payment of the penal sum of TWENTY FOUR THOUSAND FOUR HUNDRED THIRTY FIVE
ANDNO/100---------------------------------------------------------- dollars
($ 24 435.00----------------- ) , lawful money of the United States.
District has awarded Principal a contract for the construction of the
VIA CASCADA MAIN RELOCATION & CALLE DORADO MAIN EXTENSION
If Principal or any of his subcontractors fails to pay any of the
persons named in Section 3181 of the California Civil Code, or
amounts due under the Unemployment Insurance Code with respect to
work or labor performed under the contract, or for any amounts
required to be deducted, withheld, and paid over to the Employment
Development Department Franchise Tax Board from the wages of
employees of the contractor and his subcontractors pursuant to
Section 13020 of the Unemployment Insurance Code, with respect to
such work and labor, then Surety will pay the same in an amount not
exceeding the sum specified above, and also will pay, in case suit is
brought upon this bond, such reasonable attorney's fees as shall be
fixed by the court.
This bond shall inure to the benefit of any of the persons named in
Section 3181 of the California Civil Code, so as to give a right of
action to them or their assigns in any suit brought upon this bond.
Surety agrees that no change, extension of time, alteration, or
addition to the terms of the contract, or the work to be performed
thereunder, or the plans and specifications shall in any way affect
its obligation on this bond, and it does hereby waive notice thereof.
Principal and Surety agree that should District become a party to any
action on this bond that each will also pay District's reasonable
attorney's fees incurred therein in addition to the sum above set
forth.
-RPLC%MRDT11FL \CNTRCT\CNTRABDE.DOC B-26 PAYMENT BOND I OF
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four 4
Executed in -twee- �3* counterparts on SEPTEMBER 28 1994
(Seal of Corporation)
T1 to KTCT TNG CONSTRITCTTON _
PRINCIPAL
By
DAVID M. KISLING
Title PREST➢FNT _
—RPLC\MRDTTD'LC\CNTRCT\CNTRABDE.DOC B-27 PAYMENT BOND 2 OF
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of ORANGE
On ?WIa $ /9,�/ _before me, J.K. CUNNINGHAM Notary Public
Date
personally appeared DAVID M. KISLING
Name of Signer(s)
❑ personally known to me - OR -proved
ToJ. K. CUINGHAM if
COMM. #970862
0
3 NNNOTARY PUSUC - CNLIFORNIA 0
ORANGE COUNTY N
COMMISSION EXPIRES SEP. 30, 1996 I`
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 aame in his/her/their
authorized capacity(ies), and that by his/her/their
signatures) on the instrument the person(s)or the
entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
A, K.
'gnature of Nota
Though the dant below is not required by law, it may Prove valuable to Persons relying on the document and could Prevent fnudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
y❑ INDIVIDUAL
'iCORPORATE OFFICER
T le -t5 /bL
T1TLE(S)
❑ PARTNERS(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT
❑ TRUSTEE (S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(DS)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
0• 0•
(Attach Acknowledgment of authorized
Representative of Principal)
Any claims under this bond may be addressed:
INSURANCE COMPANY OF THE WEST (Name and address of Surety)
1111 E. KATELLA AVENUE. SUITE 250
ORANGE, CA 92667
WILLIS CORROON OF ORANGE COUNTY
1551 N. TUSTIN AVENUE. SUITE 1000
SANTA ANA, CA 92701
)633-9640 (714)953-9521
(Attach Acknowledgment)
(Seal)
A P 0 ED:
r1QJA
D strict Codnsel io wp /
NOTICE:
No substitution or revision to
Sureties must be authorized to
service of process in, California
must be attached.
(Name and address of Surety's
agent for service of process in
California, if different from
above)
(Telephone number of Surety's
agent in California)
INSURANCE COMPANY OF THE WEST
SU TY
r y�
torney-In-Fact
NINA BEAUDRY
this bond form will be accepted.
do business in and have an agent for
. Certified copy of Power of Attorney
-RPLC\NIRDII] LC\CNTRCT\CNTRABDE.DOC B-28 PAYMENT BOND 3 OF 5
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of ORANGE
on g42a4g( before me, J.K. CUNNINGHAM Notary Public
Date
personally appeared JANINA BEAUDRY
Name of Signer(s)
personally known to me - OR - ❑ proved
J. K. CUNNINGHAM �f
o am COMM. #970852
3 to NOTARY PUBLIC - CALIFORNIA Q
ORANGE COUNTY N
COMMISSION EXPIRES SEP. 30. 1996
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 that by his/her/their
signature(s) on the instrument the person(s)or the
entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and qAficial seal.
'-Signature of Not
Though the data below is not required by law, it may Prove valuable to persons relying on the document and could Prevent fraudulent manachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNERS(S) ❑ LIMITED
❑ GENERAL
Md P.TTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER•
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTrrY(N:S)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNERS) OTHER THAN NAMED ABOVE
00 00
Insurance Company of the West
HOME OFFICE: SAN DIEGO, CALIFORNIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a Corporation duly authorized and existing
under the laws of the State of CALIFORNIA and having its principal office in the City of San Diego, California, does hereby nominate,
constitute and appoint: I
JANINA BEAUDRY
its true and lawful Aftomey(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal,
acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution
adopted by the Board of Directors of INSURANCE COMPANY OF THE WEST at a meeting duly called and held on the 16th day
of AUGUST, 1991, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete
copy:
"RESOLVED, that the Chairman of the Board, the President, an Executive Vim President or a Senior Vice President of the
Company, be, and that each or any of them is, authorized to execute Powers of Attorney qualifying the attorney named in the
given Power of Attorney to execute on behalf of the Company, bonds, undertakings, and all contracts of suretyship; and that a
Vice President, an Assistant Vice President, a Secretary or an Assistant Secretary be, and that each or any of them hereby is,
authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company.
FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power
of Attorney or to any carts icate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile
signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any
bond, undertaking or contract of suretyship to which it is attached.
FURTHER RESOLVED, that the Attorney -in -Fact may be given full power to execute for and in the name of and on behalf of
the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings
executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by an authorized officer of the Company.'
IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused its official seal to be hereunto affixed and these
presents to be signed by its duly authorized officers this loth day of December. 1993
INSUR/A�NCE COMPANY OF THE WEST
� \�roeroFnrrF + / 1
STATE OF CALIFORNIA
a� I
COUNTY OF SAN DIEGO SS' �rFaaa" ohn L. Hannum, Senior Vice President
On this lath day of December. 1993 before the subscriber, a Notary of the State of California, in and for
the County of San Diego, duly commissioned and qualified, came John L. Hannum, Senior Vice President of INSURANCE COMPANY
OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument,
and he acknowledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of
the Corporation aforesaid, and that the seal affixed 10 the preceding instrument is the Corporate Seal of the said Corporation, and
that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the
authority and direction of the said Corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year
first above written.
F C'F(ICAL 3 EAL
r A�1+,;,� FA' AUL n
u
STATE OF CALIFORNIA L 1 �!
COUNTY OF SAN DIEGO t.-��:E3 r Notary Public / 1
i, the undersigned. E. rneA'-�" Vice r s nl of I SLJR'ACE COMPANY OF THE WEST, do hereb that the
original POWER OF ATTORN of w is the foregoing +s a u4 rue a'n7 correct copy, is in full force and off act, and has not
been revoked.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Vice President, and affixed the Corporate Seal of the
Corporation, this 28TH day of SEPTEMBER 19 94
��ovrrFr INSURANCE COMPANY OF THE WEST
/w :'A�OIIr04r0 t� cy ' %
r•<seae• E. Horned Davis
Vice President
ICW CAL 37