Loading...
1997-0909_ALL AMERICAN ASPHALT_Labor Material Bond No. 5895894 BOND NO. 589 58 94 EXECUTED IN THREE (3) PARTS Premium included in charge for Performance Bond. LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to ALL AMERICAN ASPHALT License Nn. 1 hereinafter designated as "Principal", a contract for _ PREVENTATIVE STREET MAINTENANCE, 1997-1998 ; and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub-contractors, shall fail to pay for any materi ii, prOv(ficnt. PrOverldtr or Other supplier, or teams livid in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we ALL AMERICAN ASPHALT Principal, and SAFECO INSURANCE COMPANY OF AfKERIZ'A , as surety, are held flrrnjy bound unto the City of San Juan Capl3trano,a municipal corporation, in the penal sum of ***(SEE BELOW) DOLLARS ($ *** ), lawful money o t UnitedStates of America, for payment of which sum wellaan my to be rt;a.ie wt bind uurxlves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. ***THREE HUNDRED TWENTY FIVE THOUSAND, NINE HUNDRED EIGHTY FOUR AND 34/100ths DOLLARS ($325,984.34) THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub-contractors, shall fail 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 wnrk or lahnr done thereon of a.ny kind. or for amounts due under the Ilnernnlr,yrnrans Insurance Act with respect to sueh work er labar as required by th c orisious of Title 1, Division 5, 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 specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file 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 surety, for value received, hereby stipulates and agrees that no change, extension of time, 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. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasasabsle attorney's fees, itt',ut tadl by Oily ui enforcing such ubli1641,43+U, dli to be taxed as costs and included Lei any judgment rendered. I.M-1 IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and surety herein named on the 6th day of OCTOBER 19 97 . The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. ALL AMERICAN ASPHALT PRINCIPAL By SAFECO INSURANCE COMPANY OF AMERICA SURETY BY �a 00 N M. BROWN, ATTORNEY—IN-Fact APPROVED AS TO FORM SAFECO INSURANCE COMPANY OF AMERICA 4 HUTTON CENTRE, SUITE 250—B SANTA ANA, CA. 92707 . . s ` , _' ATTORNEY 'HONE: 714-437-3052 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5193 1ti11�• 11\•`' 111' 1'`'`\11.11'•�11'`ti\' ,c 11'`1111Z1titi1ti1111�11��1 \11111'�ti1•`1t'`'`111111,"�titit11� r CALIFORNIA OPTIONAL SECTION mom r State of CAPACITY CLAIMED BY SIGNER County of RIVERSIDE Though statute does not require the Notary to fill in the data below, doing so may prove 1i invaluable to persons relying on the document. O G�S*,1 i before me, PATRICIA M. CORONADO, NOTARY PUBLIC El INDIVIDUAL , 1 DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC- CORPORATE OFFICER(S) 1 personally appeared ROBERT S. BRADLEY VICE-PRES- { NAME(S)OF SIGNER(S) TITLE(S) t impersonally known to me - ••'•4:tiot to st ►••;Attire'-b• ^�.���,t.i.•tett tpgr.��•�...A!► PARTNEA(S) El LIMITED f to be the person%) whose name(X) is/ GENERAL ( subscribed to the within instrument and ac- ❑ATTORNEY-IN FACT knowledged to me that he/ioWtfiii executed ❑TRUSTEE(S) • the same in his/tXXXXXiet authorized D GUARDIAN/CONSERVATOR capacity(Jea), and that by hisnCr E OTHER: signature(%) on the instrument the person(, or the entity upon behalf of which the 1-�" person(] acted, executed the instrument. trl • DA' 'IAM.`.,"Q"NADC' SIGNER IS REPRESENTING: !01.1/: cammMim•1102054 �iOSYP eit-CaMORyo 1 WITNESS my hand and official seal. NAME OF PERSON(S)OR ENTITY(IES) • �wrorCarry ALL AMERICAN ASPHALT 11,1 tiler Corm Wes bones an 20.ZOO • 1 SIGNATURE OF NOTARY OPTIONAL SECTION `` \ ` 1 G THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENTL \Ji -4- - \an.-1'L b4 rY\ -S�fR-S-S- l L . THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES 2--- DATE OF DOCUMENT \C, -CC- Cr Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE �✓"-\ Q c r� . NLS. 1 - -�..- 111 -- -'tl - 1'`11.-`1.1.1.1."'\1 - .- 1111 1 1-\11111111'`-`1t"t111 AL IL-PURPOSE ACKNOWLEDUMEHT No 5179 � . 1111111111111 1..',...,...".."...^.G.".1�Tti-�: .� S"�',:,:*5-" . .S ..`•• moi•., nState of CALIFORNIA CAPACITY CLAIMED BY SIGNER / ' County of ORANGE 0 INDIVIDUAL 10-6-97 ❑ CORPORATE On before me, BARBARA J. BENDER, NOTARY PUBLIC OFFICER(S) DATE NAME,TITLE OF OFFICER•E.O.,'JANE DOE,NO1ARY PUBLIC UTLE(S) 0 PARTNER(S) ❑ LIMITED personally appeared OWEN M. BROWN 0 GENERAL NAMES)OF 8IGNER(S) 13 personally known to me -R31lx 6G-tf46 : . t ;:� o c ,.^» ?•'4 .'i"-•�. ATTORNEY•IN-FACT to be the person(/5 whose name(1() is/fir ❑ TRUSTEE(S) subscribed to the within instrument and ❑ GUARDIAN/CONSERVATOR cknowledged to me that he/iinektkany 0 OTHER: executed the same in his/ K authorized capacity( , and that by i' 4'" ^ +'► B%I.RB/.ha J. BENDER tisJ `icrir signatures) on the instrument I. ul 'x- r:h C01�"1 M. #1097138 ltle person (S),r •;10TARY I-.1BLIC CALIFCR,NIA p (S), or the entity upon behalf of SIGNER IS REPRESENTING: r, kNAME Of PERSON(S)OR ENTITY(IES) Q,'.,' ORANGE COUNTY r vhi - he person(4) acted, executed the �4Y Ci►Htt E-P. JUL 13 2000 1 : :nt. SAFKCO INSURANCE COMPANY OF A1( ICA imik. ww.: 0.0.wrwil iwvi swai. . =.):a .,, . nd •nd 0 if, 4.................. SIGNATURE OF/TARP ATTENTION NOTARY:Although the informauon requested below,s OPTIONAL,,1 could Ixevent fraudulent anachment of this certificate to an unauthorized document THIS CERTIFICATE Title or Type of Document LABOR & MATERIAL BOND NO. 589 58 94 MUST BE ATTACHED of Pages 2 Date of Document 10-6-97 TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other than Named Above ALL AMERICAN ASPHALT `Ss``a, 1A\111'Nw�1\t11111'```"`1ti�.1111.\.1.1.11.1.1. ti`t ' .X11\1.N►1'`1111'`1111111111`1111111. :,-). ----,...s.,,.. ..- 01992 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91304• POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA /��/�/� SEATTLE, WASHINGTON 98185 SAFECVO No. 9164 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint OWEN M. BROWN, Anaheim, California its true and lawful attorney(s)-in-fact. with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents this 4th day of January , 1993 ni,Fgc; o, qv DAN D McLEAN,PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BUNDS . . . the President, any Vice President. the Secretary. and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business . . . On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company. the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced: provided, however. that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted July 28. 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out. (i) The provisions of Article V, Section 13 of the By-Laws. and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto. and (iii) Certifying that said power-of-attorney appointment is in full force and effect. the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R. A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto. are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 6th day of OCTOBER 97 ,3 C01044r QPNOE C04,04. tS GQRPORgT� .r W �9s h 0 CORPORATE r SEAL t. SEAL c ,Ln s x _� R.A PIERSON.SECRETARY- /441953 �a ��rdi 192�a� S S-1300/EP 1193 FOF WO- a of 01,0A 0 Registered trademark of SAFECO Corporation.