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1998-0715_HARDY & HARPER, INC._Labor & Material Bond No. JX5303 lond No. JX5303 'remium: $172.80 Premium included LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to Hardy (S Harper . Inc. , License No, 2l595z hereinafter designated as "Principal", a contract for Installation o . speed bumps and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we Hardy & Harper, Inc. Principal, and St. Paul Mercury Insurance Company , as surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of Twenty-Four Thousand DOLLARS ($ 24,000 ), 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 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 judgment rendered. LM-1 IN WITNESS WHERFOF 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 l th day of August 19 9 8 . 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. HARDY & HARPER, INC . PRINCI'AL B - Steve Kir chner, Vice Pres . St. Paul Mercury Insurance Company SURETY By Kath -en Maas,`Attorny-in-Fact APPROVED AS TO FORM iir-` R. SHAW, -"' ATTORNEY TheSipaul ST.PAUL MERCURY INSURANCE COMPANY CERTIFICATE OF • Surety Washington Street,St.Paul,Minnesota 5 AUTHORITY NO. 'CERTIFIED For verification of the aumenucity of this Power of Attorney,you may telephone toll f..c.-000-421-3880 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 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 attomey(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." INSL,,, ,,, IN TESTIMONY WHEREOF,St.Paul Mercury Insurance Company has caused this instrument to be signed and its corporate seal to }��?.• •"'•..•..�. „ be affixed by its authorized officer,this 8th day of January,A.D.1998. Ices ST,PAUL MERCURY INSURANCE COMPANY �•.SEAL.In . �o J:•.• . S *`' STATE OF NEW JERSEY ss. County of Somerset J 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 rA Sttgt day and year first above written.°C:75 TRQOA IC ir,,i"fararr OF NE* "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. J INSy 9 IN TESTIMONY WHEREOF,I have hereunto set my hand this 4 /j SE LJ ••••►+ 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-PURPOst ACKNOWLEDGMENT CC S , ,,A w,t S S aF9,S wS 1 i 5 .,. ..,.5 C C .t 4 i- . . , . 5 1 1 w ,q CAI:-(r✓ ,F State of ^� 'A County of or C A On before me, ,�'.G1.a1 5• 1,At , Ne4.•l' /41,‘ A Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") �� personally appeared k$+L I«ia /IAA., >> ( Name(s)of Signer(s) A ( Xpersonally known to me-OR-O proved to me on the basis of satisfactory evidence to be the person(s) v c whose name(s) is/are subscribed to the within instrument .A and acknowledged to me that he/she/they executed the c 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, - _wr.p., Commission# 1 158481 executed the instrument. r• ..el:::;:r Notary Public-California f A ( � Orange County - A ( My Comm Expires ocr12,2001 WITNESS my hand and official seal. A ( 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 Title or Type of Document: A Document Date: Number of Pages: Signer(s) Other Than Named Above: A S Capacity(ies) Claimed by Signer(s) '� Signer's Name: Signer's Name: Or S ,J,: S ❑ Individual ❑ Individual j ❑ Corporate Officer ❑ Corporate Officer g Title(s): Title(s): ;A ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General >> ❑ Attorney-in-Fact ❑ Attorney-in-Fact ? r❑ Trustee ❑ Trustee >> RIGHT THUMBPRINT RIGHT THUMBPRINT IA ❑ Guardian or Conservator OF SIGNER ❑ Guardian or Conservator OF SIGNER c ❑ Other: Top of thumb here ❑ Other: Top of thumb here j vtS C Signer Is Representing: Signer Is Representing: >j c >> c 'A g ®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 mtgs. ems s •niatimotO •Ilk atiria=rall 111.11160.*****AWN** C,WLIFORNIA ALL-PURPOSE ACKNOWLEDGMENT (+ State of CALIFORNIA >> County of Orange A I' On Aug. 17, 1998 before me, Kristen S. Paulino Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") 4 personally appeared Steve Kirschner , >h) 4 Name(s)of Signer(s) • c personally known to me–OR–❑proved to me on the basis of satisfactory evidence to be the person(.) ,>> whose name(A is/abe subscribed to the within instrument ' �C. and acknowledged to me that he/stle/thty executed the Ce. .; same in his/hAp-/thdr authorized capacity(ic-�),and that by �`? _ his/I1 r/th�r signature($on the instrument the person(s , l or the entityupon behalf of which the ersonn) acted, 4 ' KRISTEN S. rAULIN°j p P 4 . comm 01057981 1 executed the instrument. Ce; a i� ,,,,,,, ' PUtiLiC•CAL1FOKNtA A3. �� } .i `„/ ORANGE COUNTY N WITNESS my hand and o 'cial eal. $ A il, MY COMPdISSION EXPIRES MAY 161_1999_ I I 4 •,,/ Signature.f Notary lic /. 4 OPTIONAL %� (�• Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent '%� �w fraudulent removal and reattachment of this form to another document. r>> 4 Description of Attached Document 4 4 Title or Type of Document:Cc >> S �� 4 Document Date: Number of Pages: >> Signer(s) Other Than Named Above: ;A 4 Capacity(ies) Claimed by Signer(s) 2 Signer's Name: Signer's Name: ❑ Individual ❑ Individual hA 4 ❑ Corporate Officer ❑ Corporate Officer .A Title(s): Title(s): ..>> 4 ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General :>> 4 ❑ Attorney-in-Fact ❑ Attorney-in-Fact :A 4 ❑ Trustee ❑ Trustee >> 4: ❑ Guardian or Conservator RIGHT THUMBPRINT RIGHT THUMBPRINT �� OF SIGNER Guardian❑ or Conservator OF SIGNER 4 ❑ Other: Top of thumb here El Other: Top of thumb here ;A' :A 4 Signer Is Representing: Signer Is Representing: r• 4 :g C 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