1994-0921_D.M. KISLING CONSTRUCTION_Performance Bond No. 135079700
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Bond No. 1350797
Premium $ 611.00
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENT:
THAT WHEREAS, the Board of Directors of the
CAPISTRANO VALLEY WATER DISTRICT
by Minute Order at the meeting held the --�/ day of �Itf Te�Gbei
199, has awarded to: D. M. KISLING CONSTRUCTION '
hereinafter designated as the "Principal," a contract for the
VIA CASCADA MAIN RELOCATION AND CALLE DORADO MAIN EXTENSION
WHEREAS, said Principal is required under the terms of said
contract to furnish a bond for the faithful performance of said
contract.
NOW THEREFORE, we the Principal and
INSURANCE COMPANY OF THE WEST
as Surety, are held firmly bound unto the CAPISTRANO VALLEY WATER
DISTRICT hereinafter called the "Obligee," in the penal sum of
TWENTY FOUR THOUSAND FOUR HUNDRED THIRTY FIVE AND NO/100 ------------ Dollars
($ 24,435.00--------------------- ) , lawful money of the United States
of America, for the payment of which sum will and truly to be made,
we bind ourselves, our heirs, executors, administrators,
successors, and assign, jointly and severally, and firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above -bounden
Principal, his or its heirs, executors, administrators, successors,
or assigns shall in all things stand to and abide by, and well and
truly keep and perform the covenants, conditions, and agreements in
the said contract and any alteration thereof made as therein
provided, on his or their part to be kept and performed at the time
and in the manner therein specified, and in all respects according to
-RPLCIMRDTQFLC\CNTRCMCNTRABDE.DOC B-21 PERFORMANCE BOND I OF
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their true intent and meaning, and shall indemnify and hold harmless
the Obligee, the Obligee's Representative, the Engineer/ Architect and
their consultants, and each of their officers, directors, agents and
employees, as therein stipulated, this obligation shall become null
and void, otherwise, it shall be and remain in full force and virtue
inclusive of the entire contract guarantee period. And the said
Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration, or addition to the terms of
the contract, or to the work to be performed thereunder, or the plans
and specifications accompanying the same, shall in any wise affect
its obligation on this bond, and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms
of the contract, or to the work or to the plans or specifications.
Principal and Surety agree that if Obligee is required to engage the
services of an attorney(s) in connection with the enforcement of this
bond, each shall also pay obligees reasonable attorney(s) fees
incurred with or without suit.
IN WITNESS WHEREOF, four (4)counterparts of this instrument, each of
which shall for all purposes be deemed an original hereof, have been
duly executed by the Principal and Surety above named, on the 28TH
day of SEPTEMBER , 19 94
ict Coifnsel) I6/ZV4k/
--RPLCWUtDTHFLC1CNTRCT\CNTRABDE.DOC B-22 PERFORMANCE BOND 2 OF 5
00
(Attach Acknowledgment)
(Seal)
ISO
D. M. KISLING CONSTRUCTION
PRINCIP L
By
DAVID M. KISLING
Title PRESIDENT
Any claims under this bond may be addressed to:
INSURANCE COMPANY OF THE WEST (Name and address of Surety)
1111 E. KATELLA AVENUE, SUITE 250
ORANGE, CA 92667
WILLIS CORROON OF ORANGE COUNTY
if
1551 N. TUSTIN AVENUE. SUITE 1000
SANTA ANA. CA 92701
(714)633-9640 (714)953-9521
(Attach Acknowledgment)
(Seal)
NOTICE:
(Name and address of agent or
representative in California,
different from above)
(Telephone number of Surety and
agent or representative in
California)
INSURANCE COMPANY OF THE WEST
SURE ,J
By &a/w, _
JNA BEAUDRY
Title ATTORNEY-IN-FACT
No substitution or revision to this bond form will be accepted.
Surety companies executing bonds must appear on the Treasury
Departments most current list (Circular 570 as amended) and must be
authorized to do business in and have an agent for service of process
in California. Certified copy of Power of Attorney must be attached.
-RPLCIMRDTDFLC\CNTRCT\CNTRARDE.DOC B-23 PERFORMANCE BOND 3 OF 5
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of ORANGE
On 9/9RIQL before me, J.K. CUNNINGHAM Notary Public
Date
personally appeared JANINA BEAUDRY
Name of Signer(s)
Opersonally 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 hie/her/their
authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s)or the
J. K. CUNNINGHAM If entity upon behalf of which the person(s) acted,
04
o <� NA COMM. #970862 `z executed the instrument.
NOTARY PUBLIC - CALIFORNIA 0O
ORANGE COUNTY 1\y WITNESS my hand and official seal. MY COMMISSION EXPIRES SEP. 30, 1996 Ii
'gnature of No
Though the data below is not required by law, it may prove valuable to penom mlying on the document and could prevent fnudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
CORPORATE OFFICER
TITLE($)
PARTNERS(S) ❑ LIMITED
❑ GENERAL
G�ATTORNEY-IN-FACT
TRUSTEE(S)
U GUARDIAN/CONSERVATOR
❑ OTHER•
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTLTY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TILE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNERS) OTHER THAN NAMED ABOVE
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of ORANGE
On�6:2715>:L before me, J.K. CUNNINGHAM Notary Public
Date
personally appeared DAVID M. KISLING
Name of Signer(s)
O personally known to me - OR -roved
J. K. CU1 7 NGHAM IF
o m COMM. #970862
NOTARY PUBLIC - CALIFORNIA aO
ORANGE COUNTY IV
it MY 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 same 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.
Signature of Nota
Though the data below is not =qui=d by law, it may prove valuable to persons =lying on the dxumem and could pmeM fnudulem teanachmem of this forth.
CAPACITY CLAIMED BY SIGNER
O INDIVIDUAL
CORPORATE OFFICER
TIILE(S)
O PARTNERS(S) O LIMITED
O GENERAL
[:]ATTORNEY-IN-FACT
O TRUSTEE(S)
O GUARDIAN/CONSERVATOR
O OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTn'Y(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TIPLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE