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1998-1201_COMPUTER SERVICE COMPANY_Labor & Material Bond No. 24005360 Executed in 1 Counterpart CSC . Bond No. : 24005360 NOV 0 9 1998 Premium Included in the Performance Bond Premium included Received 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 Computer Service Company , License No. 171920 , hereinafter designated as "Principal", a contract for DOWNTOWN LIG 'ti C. P . E - 1 ' 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 materials, provisions, provender or other supplies or teams used 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 wilt pay the same. NOW, THER.EFORE, we Computer Service Company Principal, and Liberty Mutual Insurance Company , as surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of One-Hundred Thirty-one thousand three hundred and * DOLLARS (5131 ,351.0C), lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. 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 work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title I, 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 reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. * fifty-one CM-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 18th day of November 19 98 . 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. COMPUTER SERVICE COMPANY PRIN IPAL9/- BY1 MAA J / LIBERTY MUTUAL INSURANCE COMPANY SURETY By Jeri Apodaca, Attorney-In-Fact APPROVED AS TO FORM 0 R. HAW, ' A ORNEY LM-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT cr (,..ci. >.crc�>�<:G ercr ,enc-es. .cY`. . .c<tcn,ex`„e .cre<> > cc,v1,t eficY` zs?:-<e-p;„c I.ci,�'Y� 1. AF State of California I� ss. 2 County of Los Angeles ;I g4 <�S� 'S Ih t , On //"-. 7'V" �� , before me, Suzanne J. Ponce (Notary Public) I� Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") C 'A personally appeared Lonnie D. Truett g Name(s)of Signer(s) personally known to me Li ❑ proved to me on the basis of satisfactory evidence I to be the person(s) whose name(s) is/are 3 subscribed to the within instrument and acknowledged to me that he/she/they executed Li Li ,% Cor,.�,n mon#PONCE9 a the same in his/her/their authorized y'?*` �•c,y Pudic-Cat�forni0 capacity(ies), and that by his/her/their 9!If/ Los Angeles County signature(s) on the instrument the person(s), or MyCarr-. `KJies Oct 77. the entity upon behalf of which the person(s) ' acted, executed the instrument. WITNESS my hand and official seal. Li I� ---77 1� Li� IC Place Notary Seal Above Signature of otary Public I C OPTIONAL ,f5 Though the information below is not required by law, it may prove valuable to persons relying on the document t�, r,,5 a4. nd could prevent fraudulent removal and reattachment of this form to another document. ,5 Description of Attached Document p Title or Type of Document: Li Lg fi Document Date: Number of Pages: I Signer(s) LLg Other Than Named Above: 3 P , p Capacity(ies) Claimed by Signer 'p5 Signer's Name: Lonnie D. Truett RIGHT THUMBPRINT g ❑ Individual OF SIGNER qTop of thumb here , ® Corporate Officer—Title(s): Secretary fi ❑ Partner—ElLimited E General p 0 Attorney in Fact • Li p ❑ Trustee PElGuardian or Conservator fi ❑ Other: fiSigner Is Representing: Computer Service Company fi , - ®1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 OW aoluiviima r• "adbo Ossarloriviatil CALIFORNIA ALL-PURPOSE , NOWLEDGMENT No. 5907 State of California County of Orange On November 18, 1998 before me, Patricia H. Brebner, Notary Public DATE NAME.TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC' personally appeared Jeri Apodaca NAME(S)OF SIGNER(S) O personally 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 his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon PAIL.ILIA H.BRt13NER behalf of which the person(s) acted, executed the instrument. X11-. Commission# 1146000 "� 41) Notary Public-.California r �% Orange County fr WITNESS my hand and official seal. MY Comm.Expires Jul 5,200 ') /6/—k-;,_ g)reJ--744 SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL O ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE WC-4067/EP 7/94 ©1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 - THIS..POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. ^ n This Power of Attorney limits the act .,. ,.rose named herein, and they have no au..._...y to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts mutual insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint, JERI APODACA, JANINA MONROE, ROBERT M. MINOT, JAMES W. MOILANEN, MICHAEL D. PARIZINO, SHEILA K. McDONALD, PATRICIA H. BREBNER, LINDA ENRIGHT, ALL OF THE CITY OF SANTA ANA, STATE OF CALIFORNIA , each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding SEVENTY-FIVE MILLION**************************** DOLLARS ($ 75,000,000********•*) each, and the execution of such bonds or j, undertakings, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by 44 the secretary of the Company in their own proper persons. w to N o That this power is made and executed pursuant to and by authority of the following By-law and Authorization: C ry ARTICLE XVI -Execution of Contracts: Section 5. Surety Bonds and Undertakings. .y cn Any officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such c 0 limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the >-• .0 C company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety c as obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the ca 3 company by their signature and execution of any such instruments and to attach thereto the seal of the company. When so executed suchrt, p cn instruments shall be as binding as if signed by the president and attested by the secretary. v I— O• 3 By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: w W > ursuant to Article XVI, Section 5 of the By-laws, Assistant Secretary Garnet W. Elliott is hereby authorized to appoint such attorneys-in-fact p Q as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, Q<'� p d= bonds, recognizances and other surety obligations. _ "6 • • rn That the By-law and the Authorization above set forth are true copies thereof and are now in full force and effect. O-p O 2 0 C L. IN WITNESS WHEREOF, this instrument has been subscribed by its authorized officer and the corporate seal of the said Liberty Mutual Insurance 3 M O a°i Company has been affixed t eretp in Plymouth Meeting, Pennsylvania this _7th______—day of August -, 19 ___ 98 a E _ r "' ' LIBERTY MUTUAL INSURANCE COMPANY p co a1 ti BBy l (N• �s:�� >•.ac ▪+' Garnet W.Elliott,Assistant Secretary = tv O. •D >i a? COMMONWEALTH OF PENNSYLVANIA ss ca ,O 2 COUNTY OF MONTGOMERY 0 p rt '3 v On this 7th day of August A.D. 19 98 , before me, a Notary Public, personally came the individual, known to Co > d me to be the therein described-individual and officer of Liberty Mutual Insurance Company who executed the preceding instrument, and he acknowled- CV ▪ ged that he executed the sar: A l.-that the seal affixed to the said preceding instrument is the corporate seal of said company; and that said corporate C z V seal and his signature subse -thereto was duly affixed and subscribed to the said instrument by authority and direction of the said company. o O Ur IN TESTIMONY WHEREOF, I hereunto set my hand and affix my official seal at Plymou Meeting, P ,the day and year first above written. o co Luc�NA e �bL Jo Nota y f-�bf E '� *, 4 �i r ymoethTwp,M�t� 7_�,,c tv �' Notary Public ���i" 1,ioinnusstoe Ex[ \\,. �( �fP �t� • CERTIFICATE I, the undersigne • itant Secretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and crrtct copy, is in full force and effect on the date of this certificate;and I do further certify that the officer who executed the said power of attorney was one of the officers specially authorized by the chairman or the president to appoint any attorney-in-fact as provided in Article XVI, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate may be signed by facsimile under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company 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 18th day of November , 19 98 d. - ""�� • sistant.ec'etary THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTI• e. E AFTER August 7 ,2o 00 .