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1997-0616_HOLLAND-LOWE CONSTRUCTION, INC._Perf Bond No. B97-013966 • ecuted in three counterparts Bond No. B97-013966 PERFORMANCE BOND Premium: $3,326.00 KNOW ALL MEN BY THESE PRESENTS: That Holland-Lowe Construction, Inc. as Principal, hereinafter called CONTRACTOR, and Ulico Casualty Company as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CIITY, in the amount of Two hundred eighty two thousand five hundred ninety five and/20610 nn1Lpars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated , entered into a (describe agreement): Rehabilitation of Del Obispo Street from Paseo De La Paz to Aguacate Road and Aguacate Road to Alipaz Street 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 shalt 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: I. 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 Cit; in successfully enforcing such obligation, ail to be taxed as costs and included in any judgment rendered. PB-t • 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 8th day of July , 19 97 , at Santa Ana , California. PRINCIPAL HOLLAND-LOWE CONSTRUCTION, INC. By: ✓ ' ----- Dale A. Lowe/President APPROVED AS TO FORM (NOTARIZATION AND SEAL) 1 , Q J• N R. SHAW, CITY ATTORNEY SURETY ULICO CA I TY COMPANY B / if1 L f• u `':i ane' , Attorney-in-Fact ( '4/ ARIZATION AND SEAL) PB-2 • - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT rff!-rllllfll111lllllllllllfllllllllllfl111lllllflllllff/1111111111f11J/1 1 .La ki 1State cf Caiifor. Countyof Orange 1 On July 8, 1997 before me, Lourdes Landa, Notary Public Q QQ Jae. Name arc'oe or Officer,,e 9..-Jane oat rotary PUcf+C) personaily appeared **Dale A. Lowe** k Name's,of S.crers) • personally ''Known to me- OR -= proved to me on the basis of satisfactory evidence to be the person(s) x ti whose name(s) is/are subscribed to the within instrument 1 and acknowledged to me that he/she/they executed the 1 same in his/her/their authorized caoacity(ies), and that by " 4-4 _ his/her/their signature(s) on the instrument the person(s), l 1 q :4-41.,:,,, LOURDES LANDA 1 or the entity upon behalf of which the person(s) acted. ki cv ' ,` COMM. :;' 1057234 executed the instrument.. n ' •' ' ,:k,' pct, , ,,I,TIOA _ y, - = ' S' ' WITNESS my -a d offi,ial -al. 0, Q - • - • • ' ' - ' Aill(7 I Ill S grature of.votary good -- \ OPTIONAL \\\\ T^ecgn : e frfcr-r•a::en oercw s -c:-ecurred.�y yaw, ;t,-ay prove vaivaole to cersens relying on the document and could prevent cl `�a:. _:ent removal and rear ac.^menf of this form another document. 11 1 Description of Attached Document \ Tine or Type c` Document: Bond No. 97-013966 [Document Date: Number of Pages: Bigness) Other Than Name: Azcve: \ Capacity(ies) Claimed by Signer(s) \ Signers Name: Signer's Name: = Individual - Individual 1 = Co rcrate Officer = Corporate Officer Title(s): - -1y Title(s): _ k Partner '_gym ted __ 3e-era; = Partner-_ Limited I General 1 I. Attorney-Attorney-in-Fact _ Attorney-in-Fact N k = Trustee = Trustee = Guardian.. or ConservatorliWiV-",- ',;, = Guardian or ConservatorOF s 1 _ Other: "cr . e T• c Crcr _ ,ere I E Other: fco..0 ere tt I• )ki i i 111 ! kSigner Is Representing: Signer Is Representing: k\f : . \ 1 . . \i , ,\ , , �11111111lllllllflllllflllllfllll!!llllllfJllllllfllllll�l./lJlll./!lllll . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT {rff1Jf1111llflllfllllfllllrllliflf./1111fl1f�lllfflllllflfllflllfflllllf l 1 ti Stated California 1 County of Orange 0 o On July 8, 1997 before me, Lourdes Landa, Notary Public `o � l L'a:s Name and lice at Officer(e.g..'.:ane Doe.Notary Puck') �l' 1 personally appeared James W. Moilanen 1 l Nametsi at S.grens) ` r personally known to me—OR —L proved to me on the basis of satisfactory evidence to be the person(s) 11 whose name(s) is/are subscribed to the within instrument 1 and acknowledged to me that he/she/they executed the 1 o same in his/her/their authorized capacity(ies), and that by o 0 his/her/their signature(s) on the instrument the person(s), 1 0 or the entity upon behalf of which the person(s) acted. 1 1 LO�,OFS LANDA 1� executed the instrument.. 1 P:�; t. 00723 �4 ": ...1t C� .ro!tN1A 0 NOTARY Nv1�t'L WITNESS my h d a offici I. o o cp ,,,* ., -: ORA�G (U`1PaiY 1 .0;,;,. ', .. , ti Z � piRfS %vit '�• 1 Eft r ` 11� h4Y COMIAIISSiON l l S re ar.Nonny?uouk 1 OPTIONAL 11 1 Thougn:re,nfcrrrat:cn cetcw:5-ot-ecutred by law, rt may prove valuable to persons relying on the document and rould prevent ll1 fraucuient removal and reattachment of this form to another document. 11 kiDescription of Attached Document 1 Title or -vpe of Document: Bond No. B97-013966 Occur h; Date: Number of Pages: Sioner.s Other Than Named Above: kiCapacity(ies) Claimed by Signer(s) lAt Signer's Name: Signer's Name: = Individual = Individual L. Corporate Officer j = Corporate Officer 1 1 itlei s;: Title(s): 1 0 — Parer — = Limiter = General = Partner—L Limited = General { sAttorney- n-Fact = Attorney-in-Fact 1 = Trustee = Trustee = Guardian cr Conservator OF ; = Guardian or Conservator HUMEPRINT RIGHTy Other: ;cc cr:,,:-o-ere •= Other: 7co of mono rere ! 1 1 0 Signer !s Representing: Signer Is Representing: 1 i I 0 0' ; ! 1 k �lJflflflfl!/lllfllllllll11111111111!/Jllf�.rlllfllllllllfl!!�llll!!J!ll.J� .-acuted in three counterparts PERFORMANCE BOND Bond No. B97-013966 Premium: $3,326.00 KNOW ALL MEN BY THESE PRESENTS: That Holland-Lowe Construction, Inc. as Principal, hereinafter called CONTRACTOR, and ulico 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 Two hundred eighty two thousand five hundred ninety five and/206RS1jars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated entered into a (describe agreement): Rehabilitation of Del Obispo Street from Paseo De La Paz to Aguacate Road and Aguacate Road to Alipaz Street 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: I. 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. PB-I 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 8th day of July , 19 97 , at Santa Ana , California. PRINCIPAL HOLLAND-LOWE CONSTRUCTION, INC. B : //rel// �M Dale A. L f e, P esident APPROVED AS TO FORM (NOTARIZATION AND SEAL) 3e' N R. SHAW, CITY ATTORNEY SURETY ULICO CAS A Y COMPANY 110 By:• .•° 1 Jam`hl ioilanen, Attorney-in-Fact (NO, •% IZATION AND SEAL) P3-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i`�llf.,—!!!!!1!�llll!l1118!llllll�-l�!l111flfflfl�ffll�1�.11�llflllllllllll lt l; 1 1, State cf California 1 County of Orange On July 8, 1997 before me, Lourdes Landa, Notary Public l Oats varve ants Tide of officer;eqru ..'Jane Oos. otary?uc t\ personally appeared **Dale A. Lowe** l Name!si of Sirens) K 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 1 and acknowledged to me that he/she/they executed the 1 same in his/her/their authorized caoacity(ies), and that by N ES LANDA I` his/her/their signature(s) on the instrument the person(s), 1 0 of_ uouRD 7234 or the entity upon behalf of which the person(s) acted. 1 y�>,; Min. #l06 " q '?7'‘ � COMM' 4 ,m_ifoRNkA 0 executed the instrument.. N I r tof,,.,, CBoc _VNTY 1 ,4` .P, EXPIRES AIEy 30.1999 WITNES myi _nd : •official seal. 1.4L-(:-Z-e"--: ISS40N t\ d drIgr \ 1 c SMnattire.,t.Votary?UD. 0 l\ OPTIONAL t� T^ougr, :re infcrrrat:on oe'ow s-c:required try law, it may prove valuable:o persons relying on the document and_ould prevent c1 1` `ratc:.:ent removal and reatfac:7ment of this form to another document. llll 11 Description of Attached Document �) Title or Type of Document: Bond No. 97-013966 1 Document Da:e: Number of Pages: 1 Signer s) Other Than Nemec .above: Capacity(ies) Claimed by Signer(s) `\ Signer's Name: Signer's Name: ` 1 11 = Individual = Individual 0 = Corporate Officer = Corporate Officer 0 1 Title(s): : Title(s): 1 1 - Parrer -= Limited = General = Partner-= Limited = General 1 Attorney-in-Pact = Attorney-in-Fact N = Trustee i = Trustee t\ = Guardian or ConservatorRIGHT = Guardian or Conservator l v• S� "r ER — _ S 1 Other: cc,^f;,�,-o sere i Other: .co ct Tf.ro^ere i ` 1I 1 1 ti Signer Is Representing: Signer Is Representing: S 0 N ' v. lllJl!!!fl!l111111f11f11111111,111!!!/!lflllllffllfl�l!llllllJllfllllllJ\) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �f!lflllllllll11111111.11f1llflfllfllfl!!llllllllllllllflJlfffllflllllfl; t`l p State Of California 0 County of Orange 0 QQ Q m On July 8, 1997 before me, Lourdes Landa, Notary Public Date Nae and iitte at Officer(e.g.,'Jane Doe,Notary Put,lie) Q personally appeared James W. Moilanen l Name's,a S(Gnens) r 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), Q yg LOURDESlo 723 I or the entity upon behalf of which the person(s) acted. ki ckACOMM. #+lCS1 Y POIIt, CALIFORNIA a executed the instrument. 1Q CI v� 1 Nu10RAtVGF COUNTY N Q Q 1,,c,,,,1-.,:,,,,,, WITNES /•'and - c,�.fficial seal. t30. 1999 1• I MY COMMISSION EXPIRES IUIV ^�� • rte-••'_'�' / Q Q _di S gnats b re or Notary? uc O, `Q OP IONAL Thougn tine information deiow is not recurred by law, it may prove valuaoie to persons relying on the document and could prevent Q fraudulent removal and reattacn111 ment of this form to another document. Q Description of Attached Document Title or Type of Document: Bond No. B97-013966 Document Date: Number of Pages: l l Signer(s) Other Than Named Above: 1 Q Capacity(ies) Claimed by Signer(s) Signer's Name: g Signer's Name: _ _ Individual .7 Individual T Corporate Officer 17. Corporate Officer R Title(s): Title(s): li Q -_-_ Partner — 7. Limited = General = Partner — = Limited T General Attorney-in-Fact _7 Attorney-in-Fact = Trustee - Trustee Q 1 _ Guardian or Conservator RIGHT THUMBPRINT RIGHT7HUIUBPRINT ki Q OF SIGNER IT Guardian or Conservator OFSiGNER l 1 Other: cf,num0 ere E Other: of thump here lt1 QSigner Is Representing: Signer Is Representing: Q Q b Q IQ 0 Q ill.�lff11�lfllllllll�l./llll./llfllflllfl111111fllllllllll111lfllflll./111.J1