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1997-0304_HOLLAND-LOWE CONSTRUCTION, INC._Perf. Bond No. B97013779 • Bond No. B97013779 ' Executed in Triplicate Premium: $3,462.00 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Holland-Lowe Construction, Inc. as Principal, hereinafter called CONTRACTOR, and Mico 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 One Hundred Sixty Four Thousand One Hundred Seventeen and * Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. *85/100s ($164, 117.85) WHEREAS, Contractor has by written agreement dated , entered into a (describe agreement): contract for Preventative Street Maintenance 1996-1997, 1 . Via California/Camino Las $aablas. 2. Avenida Aeropuerto, 3. Mission Hills, and 4. Capistrano Villas Speed Fuumps. 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, ail to be taxed as costs and included in any judgment rendered. PB-I 2. Said Surety, for value received, hereby stipulates and agrees that to 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 26th day of February , 19 97 , at Santa Ana , California. HOLLAND-LOWE CONSTRUCTION, INC. PRINCIPAL i / /7, Dale A. Lo P esident APPROVED AS TO FORM (NOTARIZATION AND SEAL) g.,stit.v..0--- 3,1N R. SHAW, CITY ATTORNEY ULICO CASUALTY COMPANY SURETY ./.43/1/..iimmii VW; . Moi' anen, Attorney-in-Fact I/'OTARIZATION AND SEAL) / . P8-2 CALIFORNIA ALL—PURPOSE ACKNOWLEDGMENT State of California County of Orange On February 26, 1997 before me, Sheila K. McDonald Notary Public Dale Notary personally appeared Dale A. Lowe Marne of Sicacr(s) ❑ personally known to me - OR - : proved to me on the basis of satisfactory evidence to be the person(s) whose the person(s) whose narne(s) is/are subscribed to the within insrurnent and acknowledged to me that he/she/ hey executed the same in his/herhheir _ _ _ authorized capaciry(ies), and that by his/her/their signature(s) on the ins*+ nt 11' SHEILA K. MC DONALD the person(s) or the entity upon behalf of which the person(s) acted, ex..--uted the ��oc Q P- COMM. 01090412 instrument_ �'1 NOTARY PUBLIC•CALIFORNIA 5 ��c4; � ORANGE COUNTY N WIT`-ESS my hand and official seal_ ]I MY COMMISSION EXPIRES MARCH 15,2000 t I-_; ( ,1 %� �� /41 at ArAe._ - Signature of Notary .-: ryr N,-4 1�kr`..,,.}F�Y.�;�'7+� • ''/")`�./.,y" i f.' & Oa. t" �a Atee.�,. arc�L:^' �fr tel :.d ^-:45"t %R.�� -75?A� C'4- -"'�Zc � S F���cbi -<wm:i -c `�- r ' . "boq :he 3asa acid.u not:ecuared ay!ava t s.+arM va:.aoie c?ten retying an he lac-small and could mewtt`-`aud.icrat roe+amme of:hs ar.. CAPACITY CLADyfED BY SIG`-ER DESCRIPTION OF ATTACHED DOCUMENT corvax:AL(s) Z CORPORATE OFFICERS) San Juan Capistrano President Preventative Street Maintenance TTTa ES(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) 0 LIIM'ED 0 GENERAL NUMBER OF PAGES ❑ ATTORNEY-LN-FACT ❑ TRUSTEE(S) ❑ GUARDL*N/CONSERVATOR ❑ OTHER DATE OF DOCUMENT SIGNER LS REPRESEVTLNG: NAME OF PERSON(S)OR EN Y(ES) SIGNER(S)OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On February 26, 1997 before me, Sheila K. McDonald Notary Public Date Notary personally appeared James W. Moilanen Name ofS.Qicr(s) • personally known to me - OR. - : proved to me on the basis of satiactory evidence to be the person(s) whose the person(s) whose name(s) is/arc subscrtbcd to the within to trument an acknowledged to me that helshel hey cx.w.uted the same in hislherhheir authorizes capaciry(ies), and that by his/her/heir signature(s) on the instrument jl 5E hF SHEILA K. MC DONALD I the person(s) or the entity upon behalf of which the person(s) acted, «...---aced the g..77-, :*:+ COMM. #1090412 instrument. NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY r WI'I N SS my hand and official seal. it MY COMMISSION EXPIRES MARCH 15, 2000 it Signature of Notary ,.I"'n r f.'rw'�.✓y �� � C'�✓`i- ws a ti. .,i^ ,,. ..... T,.�. ti- u T✓;e i n L...✓5e✓,^.^r �..- r.� .rw �.,..-w.r , • X w kr'" vT° s . ✓�« �`2 w °�. �wS�i. w C 's% rsomp rhe data Sciaw u not re;turert :c.R a.m pra,e va.unlc o pcfona re:rng_.:he ice rrvntt end me.io prevent`Satatt..a'L reectrn coo oC:h+s fans CAP AC.LL Y CLA.LDIED BY SIGNER DESCRIPTION OF.kTTAC ELD DOCUMENT • Dn me 3.L(s) CORPORATE OFFICERS) TITLES(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ L EMTfED ❑ GETEL.L. UMBER OF PAGES ❑ ATTORNEY-N-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATDR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS)OR EN'ITrY(.ES) SIGNER(S)OTHER THAN NAMED ABOVE Bond No. B97013779 • Executed in Triplicate Premium: $3,462.00 • PERFORMANCE BOND • 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 one Hundred Sixty Four Thousand One Hundred Seventeen and * Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. *85/100s ($164, 117.85) WHEREAS, Contractor has by written agreement dated , entered into a (describe agreement): contract for Preventative Street Maintenance 1996-1997, 1. Via California/Camino Las Kamh1as. 2. Avenida Aeropuerto, 3. Mission Hills, and 4. Capistrano Villas Speed Bumps 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. 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 26th day of February , 19 97 , at Santa Ana , California. HOLLAND-LOWE CONSTRUCTION, INC. PRINCIPAL (41F il Dale A. L' 'e, President APPROVED AS TO FORM (NOTARIZATION AND SEAL) 1 g.,1.4.... A 4 3s' N R. SHAW, CITY ATTORNEY ULICO CASUALTY COMPANY 71f /if aft ,mes W. of ane', Attorney-in-Fact NOTARIZATION AND SEAL) PB-2 CALIFORNIA ALL—PURPOSE ACKNOWLEDGMENT State of California County of Orange On February 26, 1997 before me, Sheila K. McDonald Notary Public Dace Notary personally appeared Dale A. Lowe Name of Signer(s) personally known to me - OR - r proved to me on the basis of s7ticactory evidence to be the person(s) whose the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they ex.--sited the same in hisiherhheir authorized capacity(ies), and that by his/hcr/their signature(s) on the instrument _ _ _ _ 'ISHEILA K. MC DONALD It the person(s) or the entity upon behalf of which the person(s) acted, executed the COMM. #1090412 instrument o 2 \, ? NOTARY PUBLIC-CALIFORNIA v ORANGE COUNTY N «-I-tiLSS my hand and official seal. 9,,. •P 11 MY COMMISSION EXPIRES MARCH 15, 2000 it �/�///) / ///A Irl=o�;l9 Signature of Notary • .;.!` n wr✓ , .ii st`.< Tc?c .!r/- .i-. `a ,, .... "T :�: �3 r -ic.`� '.,fv woDe', :ia'�r•.n.cy �� L ey cel ac. 3 ,.a ^� m.'�fD2 ov r.:r r ^• r �i <...�..:•, �.:.. ? ;fir ,-;v y:..of 4,•C ..,.�': -'+ .r .i.a Thc.. :he data below u not reGuucd 9y Ian,R way pram wuaole to persona relytrvga+he document and oou14,prewt •auduieru t of Ulu Cor. CAPAC..11Y CLALtifED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT tNDtVIIDUAL(S) • CORPORATE OFFICERS) San Juan Capistrano President Preventative Street Maintenance TITLES(S) TITLE OR TYPE OF DOCUMENT o PARTNERS) 0 LzffIED 0 GENERAL NUMBER OF PAGES O ATTORNEY-L`-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMEN-r SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(TES) SIGNER(S)OTHER THAN NAMED ABOVE • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On February 26, 1997 before me, Sheila K. McDonald Notary Public Dace Notary personally appeared James W. Moilanen Name of Signcr(s) E personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to mc that he/she/they executed the same in his/her/their _ y Y _ , _ authorized capaciry(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) executed acted, the 11 "i4 SHEILA K. MC DONALD instrument. No s. 14'', COMM. #1090412 `.47? NOTARY PUBLIC•CALIFORNIA d ORANGE COUNTY 0 �VIT�aSS my hand and official seal. • `<<I«a�' 11 MY COMMISSION EXPIRES MARCH 15,2000 1t • I /I •e ,.1 iwio /1/ Signature of Notary v _Y t / 4 _ a rid 7� b. 4^.. „,„;;r.._?3G ;nw-z:,4, ,1 r•J^ b'i �,'Y �,,:*,t ....---7,44.,-.4.--:,-4,---:,,,,,,,,,,,,:,:7„,J Js6� ,".:O T a �i.L SD ; ^��,: , .w,..� 4 ../.ti h /i �y.,.i a .waw <rrrms's .a a4 ed�lc y i ,w 7.v" �./i�"• � ,�,� Moue"the 3au Selow u not tequavd 4!.,lav,I acv p.a.,wuaole to pcnorn re:ytng on Jae doaa cru and could Greven fraud.._^•rmaaYnmt of,L,s fats CAPALi I Y CLADfED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT _' LNT)IVTDUAL,(S) ❑ CORPORATE OFFICERS) TTTLES(S) TITLE OR TYPE OF DOCUMENT ❑ PART`, 0 u rrED 0 GENERAL NUMBER OF PAGES ❑ ATTOR.NEY-N-FACT ❑ Taus-IEE(S) ❑ GUARDLA..UCONSERVATOR ❑ OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR WMY(1ES) SIGNERS)OTHER THAN NAMED ABOVE