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1997-0707_DBX_Performance Bond • ` EXECUTED IN THREE COUNTERPARTS BOND# 158241788 PREMIUM: $872.00 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That DBX, INCORPORATED as Principal, hereinafter called CONTRACTOR, and CONTINENTAL CASUALTY COMPANY`, as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of NINETY-TWO THOUSAND SEVEN HUNDRED SIXTY-ONE DOLLARS ---- Dollars for payment whereof Contractor and Surety bind themselves, their heirs,9eiecutos, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated __ _ .r , entered into a (describe agreement): TRAFFIC SIGNAL INSTALLATION - CAMINO CAPISTRANO AND AVENIDA PADRE _- r which contract is by reference made a part hereof; NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER- RESOLVED, that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, 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. 2. 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 obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this 4TH day of _____ JUNE , 1997 , at ANAHEIM , California. PRINCIPAL DBX, INCORPORATED APPROVED AS TO FORM (NOTARIZATION AND SEAL) ill 1 g.,s944).,03e ' N R. HA , CITY ATTORNEY SURETY CONTINENTAL CASUALTY COMPANY c-&-. BY: SKi104'1".- DAVID L. CULBERTSON / ATTORNEY-IN-FACT (NOTARIZATION AND SEAL) ••CALIFORNIA ALL-PURPO__ ACKNOWLEDGMENT . •C�� t � t � wma m ,, � Qe� t 1 S S t 4 �,filt...'�- t S 3 t 5 .t tit � � t w , � t � 1^v �C ?. 4 State of California • c C County of Riverside ,'A 4 On June 13, 1997 before me, Phyllissa G. Seaman. Notary Pub)is , ���• Date Name and Title of Officer(e.g., Notary Public" "Jane Doe, 4 personally appeared Jim Perry , i� 4 Name(s)of Signer(s) personally known to me—OR—❑ proved to me on the basis of satisfactory evidence to be the persons) .>> fie: � persona 4 whose name(*) ism subscribed to the within instrument i� and acknowledged to me that he #iffy executed the <<. :>> same in his/Mai authorized capacityljt�ls), and that by >> 4 hisilastottbeic signaturets) on the instrument the person(*), .2 !« Pt1Yl____G.SEAMAN or the entity upon behalf of which the person() acted, c. 4 r,')! Carni is—a/br executed the instrument. • 4 yr",'►9 ;Wei lde Cary - ,>> 'r MY E��ileeAu011.Z000 WITNESS my hand and official seal. >> K. iA Ce' Signature of Notary r ublic >> % OPTIONAL %� 4 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. .>> 4 >> 4Description of Attached Document >> CG 'e Title or Type of Document: i� 4 Document Date: Number of Pages: >j eSigner(s) Other Than Named Above: A 4 Capacity(ies) Claimed by Signer(s) j i ::>>Signer's Name: Jim Perry Signer's Name: ;�j 11 A 1` ❑ Individual ❑ Individual Corporate Officer ❑ Corporate Officer C Title ft): President Title(s): :>> 4 ❑ Partner— ❑ Limited ❑ General ❑ Partner—El Limited El General i. 1 jElAttorney-in-Fact ❑ Attorney-in-Fact >> 4. El Trustee ❑ Trustee ��: ❑ Guardian or Conservator RIGHT THUMBPRINT RIGHT THUMBPRINT OF SIGNER El Guardian or Conservator OF SIGNER A 4 ❑ Other: Top of thumb here ❑ Other: Top of thumb here A r 4i� Signer Is Representing: Signer Is Representing: >j r DBX, Inc. .>j t.K€4✓4<g4 4'en—Mt7: :Kg'.<✓: 4<g:W-.: :W3 :K✓:<✓: :-an<4Kg4<g3‹✓:W4W3 4 :,17,:<✓S<g4✓. A✓:W:<a24W4 4W✓:Kg4✓:<✓4<✓,4K✓: A ©1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 6-04-97 before me, KAREN CHANDLER - NOTARY PUBLIC personally appeared DAVID L . CULBERTSON personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument . WITNES my hand and official seal . Karen Chandkor /� i • Comm #1076339 AL!..." /�� v"�°�`'- ''NOTARYPUGLIC CALIFORNIA^ S gnature of Notary Public 2\W;;;-7) ORANGE COUNTY Comm.Exp.March 27.2000'd 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. DESCRIPTION OF ATTACHED DOCUMENT PERFORMANCE BOND TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 2 DATE OF DOCUMENT 6-04-97 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER (S) ® ATTORNEY-IN-FACT ❑ TRUSTEE (S) ❑ OTHER: SIGNER IS REPRESENTING: CONTINENTAL CASUALTY COMPANY NAME OF PERSON(S) OR ENT `Y(S) EXECUTED IN THREE COUNTERPARTS BOND# 158241788 Premium included IN PERFORMANCE BOND LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENT& That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to DBX, INCORPORATED License No. 240547 , hereinafter designated as "Principal", a contract for TRAFFIC SIGNAL INSTALLATION - CAMINO CAPISTRANO AND AVENIDA PADRE ; 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 will pay the same. NOW, THEREFORE, we DBX, INCORPORATED , Principal, and CONTINENTAL CASUALTY COMPANY , as surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of NINETY-TWO THOUSAND SEVEN HUNDRED SIXTY-ONE DOLLARS ---- DOLLARS ($ 92,761.04)% 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 ar 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 1, Division 3, 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 iudgrnent rendered. 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 4TH day of _ JUNE 19___. The name and corporate seal of each ccorporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. DBX, INCORPORATED PRINCIPAL By � -- CONTINENTAL CASUALTY COMPANY —SURETY By I-44a (--CLa(1 -A3 - DAVID L. CULBERTSON / ATTORNEY-IN-FACT APPROVED AS TO FORM • I R. HA , A ORN • •CALIFORNIA ALL-PURPO__ ACKNOWLEDGMENT �t�"/'�'t�'t.t/�t.'t.'t/1%1t/1:/1t t _ tt/,..�t!1t S ttttttttt/,.1t t Sit t tit t tt/,.'t t t t tit tit �i7 'I ) ( ? ) ( State of California 7 County of Riverside , On June 13, 1997 before me, Phyllissa G. Seaman, Notary Public j Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Jim Perry , ? Name(s)of Signer(s) ( CIpersonally known to me–OR– proved to me on the basis of satisfactory evidence to be the person(g ), whose name(s)cisiannsubscribed to the within instrument and acknowledged to me that he/simi(kapt executed the ), same in his/fRityauthorized capacity(ies±i, and that by ), i his/Ixl �4iarainsignature(si) on the instrument the person(s) ),S or the entity upon behalf of which the person(s4cacted, ;♦ PHnG'�At�td executed the instrument. Co rniselon i 1097914 ) g .,)I hlototy t —Catania 1 itg1 rersldeCour>fy WITNESS my hand and official seal. �Y>�` My Comrr.F�Irea Aug 11,20� 1 , 1 ` k411,300Lciftb gA li 1 1(14/`J ) 41 Signature of Notary Public ) OPTIONAL ) 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 ? S Title or Type of Document: � SDocument Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) j ) ( Signer's Name: Jim Perry Signer's Name: ) ) (, L. Individual ❑ Individual ) ( EX Corporate Officer ❑ Corporate Officer Title(s)g President Title(s): ( ❑ Partner— Limited 1 General ❑ Partner—i Limited General l ❑ Attorney-in-Fact ❑ Attorney-in-Fact ( ❑ Trustee ❑ Trustee ) ( '�r �' RIGHT THUMBPRINT ) ❑ Guardian or Conservator �1;- O Guardian or Conservator OF SIGNER 4 ❑ Other: Top of thumb here ❑ Other: Top of thumb here ( Signer Is Representing: Signer Is Representing: '( ) ( DBX. Inc. ) ( ) ( 54 a 1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 6-04-97 before me, KAREN CHANDLER - NOTARY PUBLIC personally appeared DAVID L . CULBERTSON personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument . WITNESS my hand and official seal . Ms% �� ' ,� E- Karen Chandler ; Signa ure of otary Public U ii, Comm 4 01G360 PUCLIC 0AL.IPORNIA 'm -i ^ ORANOF COUNTY kj Ccmm.Exp.arch 27.2000-' 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. DESCRIPTION OF ATTACHED DOCUMENT PAYMENT BOND TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 2 DATE OF DOCUMENT 6-04-97 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER (S) ® ATTORNEY-IN-FACT ❑ TRUSTEE (S) ❑ OTHER: SIGNER IS REPRESENTING: CONTINENTAL CASUALTY COMPANY NAME OF PERSON(S) OR ENTITY(S) Continental Casualty Comp CNA For All I N.0.11,11111114'111,1011 MAk.• A N ILLINOIS CORPORATION POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men by these Presents, That CONTINENTAL CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Illinois, and having its principal office in the City of Chicago, and State of Illinois, does hereby make, constitute and appointflaVid i _ Culbertson, Chuck L. Flake , Linda L. Culbertson, Diana Laskowski , Individually O• Anaheim. California Its true and lawful Attorney-in-fact with full power and authority hereby conferred to sign, seal and execute in its behalf bonds,undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind CONTINENTAL CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of CONTINENTAL CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following By Law duly adopted by the Board of Directors of the Company. "Article IX-Execution of Documents Section 3.Appointment of Attorney-in-fact.The President or a Vice President may, from time to time,appoint by writtencertificates attorneys-in-fact to act in behalf of the Company in the excecution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President or the Board of Directors may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 3rd day of April, 1957. "Resolved, that the signature of the President or Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signatures and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." In Witness Whereof, CONTINENTAL CASUALTY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 30th day of January 19_ 9 . feas' CONTINENTAL CASUALTY COMPANY State of Illinois 1 �•, , County of Cook I ss =; \EAl/?, `I \"•',/ J. E. Purtell Vice President. On this 30th day of January , 19 91 , before me personally came J. E. Purtell, to me known, who, being by me duly sworn, did depose and say: that he resides in the Village of Glenview, State of Illinois: that he is a Vice-President of CONTINENTAL CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said Corporation;that the seal affixed to the said instrument is such corporate seal:that it was so affixed pursuant to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. oPc•OF 4 -NOTARY N I PUBLIC , • Linda C. Dempsey '•tary Public CERTIFICATE My Commission Expires Octose 19, 1994 I, George R. Hobaugh, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that Section 3 of Article IX of the By-Laws of the Company and the Resolution of the Board of Directors, set forth in said Power of Attorney are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said Company this 4TH day of JUNE 19 97 it • George R. Hobaugh Assistant Secretary SEAQ _, Form 1.23142.8 • INV. NO. G-59200-B