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
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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
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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
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.):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
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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
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Description of Attached Document
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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
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.CALIFORNIA ALL-PURPG... ACKNOWLEDGMENT
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4 Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") '7�
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Name(s)of Signer(s)
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L'r; �1 MY COMMISSION EXPIRES MAY 16:1999 WITNESS my hand an fficial seal. '$
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4 Signature of Notary Public
44OPTIONAL �'
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®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