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1998-0715_HARDY & HARPER, INC._Performance Bond Bond No. JX5303 • Premium: $172.80 STATUTORY PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that Hardy & Harper, Inc. , as Principal (hereinafter called "Contractor'), and St. Paul Mercury Insurance Company as Surety (hereinafter called "Surety"), are held and firmly bound unto the City of San Juan Capistrano, as obligee (hereinafter called "City"), in the amount of Twenty-Four Thousand Dollars ($ 24,000 ) for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor is required to provide a faithful performance bond pursuant to the statutory requirements of the San Juan Capistrano Municipal Code to guarantee certain work, more particularly described as follows: Installation of Speed Bumps NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said statutory obligation, 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 c:\wpwin60\wpdocs\forms\perform.bnd -1- 06/17/98 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 statutory obligation, 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, alteration or modification, or of the work to be performed thereunder. 12th August 98 Executed this day of , 19 , at Santa Ana , California. 440/HARio' . HA: 'ER, INC . (NOTARIZA ION AND SEAL) Steve Kirschner , Vice Pres. APPROVE!' AS TO FORM: By 4 Jo, R. Shaw, City Attorney St. Paul Mercury Insurance Company (NOTARIZATION AND SEAL) Kathleen Maas, Attorney-in-Fact c:\wpwin60\wpdocs\forms\perform.bnd -2- 06/17/98 TheStpaud ST.PAUL MERCURY INSURANCE COMPANY CERTIFICATE OF Surety Washington Street,St.Paul,Minnesota 5 AUTHORITY NO. CERTIBIED For verification of the au_______ity of this Power of Attorney,you may telephone toll fi___ .0O-421-3880 and ask for COPY NO. the Power of Attorney Clerk.Please refer to the Certificate of Authority No.and the named individual(s). GENERAL POWER OF ATTORNEY - CERTIFIED COPY 4 211 F I_ M-15439 (Original on File at Home Office of Company. See Certification.) KNOW ALL MEN BY THESE PRESENTS:That St.Paul Mercury Insurance Company,a corporation organized and existing under the laws of the State of Minnesota,having its principal office in the City of St.Paul,Minnesota,does hereby constitute and appoint: Michael S. Mahan and Kathleen E. Maas, individually, Irvine, California its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, NOT TO EXCEED IN PENALTY THE SUM OF FIVE MILLION DOLLARS($5,000,000)EACH and the execution of all such instrument(s)in pursuance of these presents,shall be as binding upon said St.Paul Mercury Insurance Company,as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed,and may be certified to and may be revoked,pursuant to and by authority of Article V,-Section 6(C),of the By-Laws adopted by the Shareholders of ST.PAUL MERCURY INSURANCE COMPANY at a meeting called and held on the 28th day of April, 1978,of which the following is a true transcript of said Section 6(C): "The President or any Vice President,Assistant Vice President,Secretary or Service Center General Manager shall have power and authority (1) To appoint Attorneys-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof,and (2) To appoint special Attorneys-in-fact,who are hereby authorized to certify to copies of any power-of-attorney issued in pursuance of this section and/or any of the By-Laws of the Company,and (3) To remove,at any time,any such Attorney-in-fact or Special Attorney-in-fact and revoke the authority given him." Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 12th day of December,1967,of which the following is a true excerpt: "Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate 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 and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." ,,• ,4Ns�q".,, IN TESTIMONY WHEREOF,St.Paul Mercury Insurance Company has caused this instrument to be signed and its corporate seal to ��?.• •"......4,\ be affixed by its authorized officer,this 8th day of January,A.D. 1998. Q aPORar ST.PAUL MERCURY INSURANCE COMPANY ,• ','' .• STATE OF NEW JERSEY i County of Somerset J ss. BRIAN P.CURRY,Secretary On this 21st day of January , 19 98 , before me came the individual who executed the preceding instrument, to me personally known,and,being by me duly sworn,said that he/she is the therein described and authorized officer of St.Paul Mercury Insurance Company;that the seal affixed to said instrument is the Corporate Seal of said Company;that the said Corporate Seal and his/her signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal,at the township of Bedminster,New Jersey,the AQP SAt`t� day and year first above written. • NO407 TARY * 114 _r. ��j/� .):A PUBLIC} III NEW P'DA SMETHERS,Notary Public My Commission Expires December 16,2001 CERTIFICATION I, the undersigned officer of St.Paul Mercury Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney,with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. NSy °P+ 9" IN TESTIMONY WHEREOF,I have hereunto set myhand this 7 a y�ppPORAlf n� E n si • *`'. 10th day of August ,19 98 MARY E.STAWICKI,Secretary Only a certified copy of Power of Attorney bearing the Certificate of Authority No.printed in red on the upper right corner is binding.Photocopies,carbon copies or other reproductions of this document are invalid and not binding upon the Company. ANY INSTRUMENT ISSUED IN EXCESS OF THE PENALTY AMOUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDITY. 31801 Rev.4-98 Printed in U.S.A. CALIFORNIA ALL-PURPC ACKNOWLEDGMENT ( I • State of C A (' '�`r^"'' i County of 0/""( j On � l ("/1 3 before me, ("r a.t( 5• 1'F1.,.. /,i'1 /eLIX ) Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") ) ' personally appeared k f"L/t(f /1F^5 ) Name(s)of Signer(s) 1 KG.ersonally 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 j ♦ same in his/her/their authorized capacity(ies), and that by ( his/her/their signature(s)on the instrument the person(s), MICHAEL S MAHAN ) • or the entity upon behalf of which the person(s) acted, ( Commission# 1 158481 � .' Z executed the instrument. ( Z��a Notary Public California , ) ; 1\t. Orange County ( `�, MyComm.Expires Oct12,2001 WITNESS my hand and official seal. ) giAtr, )Signature of Notary Public 1 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 ) ( Title or Type of Document: l S � Document Date: Number of Pages: ( Signer(s) Other Than Named Above: ) Capacity(ies) Claimed by Signer(s) i I Signer's Name: Signer's Name: _ j 1 S ❑ Individual ❑ Individual ( ❑ Corporate Officer ❑ Corporate Officer ) Title(s): Title(s): ) Cl Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ( ❑ Trustee ❑ Trustee ❑ Guardian or Conservator RIGHT THUMBPRINT RIGHT THUMBPRINT OF SIGNER ❑ Guardian or Conservator OF SIGNER CIOther: Top of thumb here CIOther: Top of thumb here C C ) C ) Ci Signer Is Representing: Signer Is Representing: ( ( ) 01995 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 • • l own •suialloorm, a .CALIFORNIA ALL-PURPG... ACKNOWLEDGMENT Vie; >> ��• State of CALIFORNIA 4 County of Orange >j On August 17 , 1998 before me, Kristen S. Paulino >> 4 Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") '7� Vie"; personally appeared Steve Kirschner >> Name(s)of Signer(s) ( , personally known to me–OR–❑ proved to me on the basis of satisfactory evidence to be the person(, >> 4 whose name(9)C ig%are subscribed to the within instrument A 4 and acknowledged to me that he/sive/ttey executed the A C _ ,i same in his/h�/their authorized capacity(ieS), and that by 'A (� KRISTEN S. PAULIIvv d his/her/their signature($;on the instrument the personk), , <<' �E_ r,; 1057981 A; -ik,\ or the entity upon behalf of which the person(, acted, >> cv ;4rg.– _a. COMM• # A ' 0 -.,-;0 (MARY PUBLIC-CALIFORNIA 0 executed the instrument. s cio , ORANGE COUNTY IV kl L'r; �1 MY COMMISSION EXPIRES MAY 16:1999 WITNESS my hand an fficial seal. '$ 4 elccf/ 1..„.9}..., A 4 Signature of Notary Public 44OPTIONAL �' 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. ti� Description of Attached Document h� 4 Title or Type of Document: :,, C Document Date: Number of Pages: 4 Signer(s) Other Than Named Above: A C A 4 Capacity(ies) Claimed by Signer(s) A Signer's Name: Signer's Name: A 4 ❑ Individual ❑ Individual Ce ❑ Corporate Officer ❑ Corporate Officer << Title(s): Title(s): ,A 4 ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General h� 4 ❑ Attorney-in-Fact ❑ Attorney-in-Fact >> 4 D. Trustee ❑ Trustee 4 RIGHT THUMBPRINT RIGHT THUMBPRINT A❑ Guardian or Conservator OF SIGNER ❑ Guardian or Conservator OF SIGNER ❑ Other: Top of thumb here El Other: Top of thumb here t>> 4rA 4 '$) 4 A C Signer Is Representing: Signer Is Representing: h� 1y� �j ®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