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1997-0304_HOLLAND-LOWE CONSTRUCTION, INC._Labor & Material Bond No. B97013779 Executed in Triplicate Bond No. B97013779 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 Holland-Lowe Construction, Inc. , License No. 709051 hereinafter designated as "Principal", a contract for Preventative Street Maintenance 1996-1997, 1 . Via California/Camino Las * ; and *Ramblas, 2. Avenida Aeropuerto, 3. Mission Hills, and 4. Capistrano Villas Speed Bumps 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 _ Holland-Lowe Construction, Inc. Principal, and Ulico Casualty Company , as surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of One Hundred Sixty Four Thousand One Hundred Seventeen** DOLLARS ($ 164 117.85), 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. **and 85/100s 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 I, Division 5, 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 WHEREOF 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 26th day of February v 19 97_ The name and corporate seal of each corporate party being hereto of fixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. _ HOLLAND-LOWE CONSTRUCTION, INC. PRINCIP - By L / j A1lai _ Dale AA L•j�e, `'resident ULICO CA,darTY COMPANY,Amh SU • ' 7 By 4/11071447* `�� W. Moilanen, Attorney-in-Fact APPROVED AS TO FORM 11 0 1 R. SHAW, ATTORNEY LM-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On February 26, 1997 before me, Sheila K. McDonald Notary Public Dase Notary personally appeared Dale A. Lowe Name of Sig.-T.(3) g personally known to me - OR - r proved to me on the basis of satisfactory evidence to be the person(s) whose the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisTher/their -- authorized capacity(ics), and that by his/her/their signatures) on the instrument ° SHEILA K. MC DONALD It the person(s) or the entity upon behalf of which the person(s) acted, ex utcd the NI ?�- --r�` . COMM. #1090412 instrument. 9�i� 2 NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY ro WITNESS my hand and official seal. 11 MY COMMISSION EXPIRES MARCH 15, 2000 It Signature of Notary PTIONA... T^'... OL houp:he data Selw u roe:enured'ov'.e,rt sry p.-ave vtivaoie'u persona retyvg xn'he doc.anmt and mulct prevent Sa.dt.iau roa..awnmt of'hat forma CAP CITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT D DrVmUAL(S) $l CORPORATE OFFICER(S) San Juan Capistrano President Preventative Street Maintenance TITLES(S) TITLE OR.TYPE OF DOCUME ST ❑ PARTNERS) 0 LIM= n 0 GENERAL NUMBER OF PAGES ❑ ATTORNEY-LN--FACT ❑ TRUSTEE(S) ❑ GUARDIX4/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR EYTTTY(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 D.'- vdtm7 personally appeared James W. Moilanen tiirrc ofSic cr(s) g personally known to me - OR - _ proved to me on the basis of c-ri factory evic erre 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/hey exe-sited the same in hisTer/th it authorizcapaciry(ies), and that by his/her/their signature(s) on the instn,mrnt � ed I ,?osn,-...?;,,,,yF SHEILA K. MC DONALD It the person(s) or the entity upon behalf of which the person(s) acted, ex.--uteri the p m"- 4COMM. #1090412 * instrument. 2 ..\.,'r, '° NOTARY PUBLIC-CALIFORNIA �:r -ti,>' ORANGE COUNTY ry WITNESS my hand and official seal. iI MY COMMISSION EXPIRES MARCH 15, 2000 i( Z/-1/4_ 7) /, l?tf i G? Signature of Notary dAwcp;Vy � ..,,,,,,,024,. .,„,,,,,,, r,.., J .. - .. .:•.:;, ' rd ^i 111:41-.111;A y-. .--;;;;;::a.-,--;54: 474-7.- _ .....7...':.. ..... .-.--e#•.,------... y . f � T `i .f : 9^' k6''.. ,"- L....rt. «,rA7 --,C%-kk,.-. 7 ' a-! .�".. x.2..�-�''**,- 'x9 . W SF. ,,�� ,..S ' '`*^Ww�f?/1i.-,'x :3o.yi the tau below u not=Tweed`r.:s.'.I an a va.uaale o Tcx.*a rehrtng xi 1+e]owned and could,grewe fra.eluieu rostrencdt di thas ram. CAPACITY CLA HIED BY SIGNER DESCRIPTION OF ATTALEkD DOCUMENT = ND5IDC;AL4s) ❑ CORPORATE OFFICER(S) TTTIFS(S) TITLE OR TYPE OF DOCUMENT O PARTNER(S) 0 L 3.I rED 0 GENERAL NUMBER OF PAGES Ei AT]'ORNEY-L--FACT ❑ TRUSTEE(S) ❑ GUARDG+IN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT SIGNER LS REPRESENTING: NAME OF PERSON(S)OR EYTTTY(IES) SIGNER(S)OTHER THAN NAMED ABOVE • ULICO • CASUALTY COMPANY 111 Massachusetts Avenue,N.W. Washington, DC 20001 762 POWER OF ATTORNEY Know All Men By These Presents: That Ulico Casualty Company,A Delaware Corporation,having its principal office in Washington, DC,pursuant to the following resolution,adopted by the Board of Directors of the Corporation effective on the 28th day of January, 1993: RESOLVED: "That the Chairman and Chief Executive Officer be,and hereby is,authorized to execute Powers-of-Attorney,qualifying the attorney named in the Powers-of-Attorney to execute on behalf of the Corporation contract bonds and other related surety bonds, and to attach thereto the corporate seal of the Corporation,in the transaction of its surety business." RESOLVED: "That the signatures and attestations of such officers and the seal of the Corporation may be affixed to any such Power-of-Attorney or to any certificate relating thereto by facsimile, and any such Power-of-Attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding upon the Corporation when so affixed with respect to any contract bond or other related surety bond to which it is attached." This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT: James W. Moilanen, Mike Parizino, Judith K. Cunningham, John M. Garrett, Janina Monroe, Sheila K. McDonald and Lourdes Landa of Willis Corroon Corporation Orange County of Santa Ana,in the State of California, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name,place and stead to sign,execute,acknowledge and deliver in its behalf, and as its act and deed, without power of redelegation,as follows: Contract bonds and other related surety bonds: IN AN AMOUNT NOT TO EXCEED THREE MILLION ($3,000,000.00) DOLLARS; to bind Ulico Casualty Company thereby as fully and to the same extent as if such bond was signed by the duly authorized officers of Ulico Casualty Company,and all the acts of said Attorney(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. In Witness Whereof, Ulico Casualty Company of Dover, Delaware, has caused this Power of Attorney to be signed by its Chairman and Chief Executive Officer and its Corporate seal to be affixed this 15th day of April, 19%. This Power of Attorney is void unless the seal is readable, the text is in black inky the signatures are in black ink this notice is in red ink, and if attached to a document executed subsequent to January 1, 1999. Ulico Casualty Comp. A Ty O GP0o pP 0A� F i District of Columbia ss: ° SEAL = By: I OE,,AW,YI9 t,cy yob:rt •.Georgine,Ch.irman and Executive Officer On this 15th day of April, 1996, before the subscriber,a Notary Public . the District of Columbia, dul c. missioned and qualified,came Robert A. Georgine of Ulico Casualty Company to me personally known to be the indivi. al and officer described therei .nd who executed the preceding instrument,and acknowledged the execution of the same,and being by me duly sworn,d .osed and said,that he is the officer of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of the Company, and the Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the Corporation,and that the resolution of the Company,referred to in the preceding instrument, is now in force. In Testimony Whereof, I have hereunto set my hand,and affixed my official seal at Washi : on,DC the day and year above written. yOpOW NN A(,y_ / NOTARV / By: • Notary Public r 1� PUBLIC Betty Novol? HisL�iJG�'.i My Commission Expires:�'�,� ,�'' 'Vateiy Pubic, CERTIFICATION My Comm'ssion Expires AErii 14, ;999 I,Joseph A. Carabillo, Assistant Secretary of Ulico Casualty Company of Dover, Delaware, do hereby certify that the foregoing Resolution adopted by the Board of Directors of this Corporation and the Powers of Attorney issued pursuant thereto, are true and correct, and that both the Resolution and the Powers of Attorney are in full force and effect. In Witness Whereof,I have hereunto set my hand and affixed the seal of the corporation this 26th day of February 199 7 A Ty P G 0PPOA4r O SEAL )i By. •p A.Ca abillo,Assistant Secretary f(AW'P/ UCB-102-POA1 (09/94) "" "' Executed in Triplicate Bond No. B97013779 Premium included LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENT& That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to Holland-Lowe Construction, Inc. , License No. 709051 , hereinafter designated as "Principal". a contract for Preventative Street Maintenance 1996-1997, 1 . Via California/Camino Las * land *Ramblas, 2. Avenida Aeropuerto, 3. Mission Hills, and 4. Capistrano Villas Speed Bumps 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 Holland-Lowe Construction, Inc. Principal, and Ulico Casualty Company , as surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of One Hundred Sixty Four Thousand One Hundred Seventeen** DOLLARS ($ 164 117.85), 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. **and 85/100s 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 I, Division 5, 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 WHEREOF 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 26th day of February 199 7 . 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. HOLLAND-LOWE CONSTRUCTION, INC. PRINCIP By LAA Dale 7 fwe President ULICO UALTY COMPANY B nth -i4e4„_, „James W. oilanen, Attorney-in-Fact APPROVED AS TO FORM / • ` R. SHAW, ' ATTORNEY • LM-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of-California Country of Orange On February 26, 1997 before me, Sheila K. McDonald Notary Public Date Notary personally appeared Dale A. Lowe Narnc of Sigrter(s) IC personally known to me - OR - : proved to me on the basis of snticfactory evidence to be the person(s) whose the person(s) whose name(s) is/are subscribed to the within iastrument and acknowledged to me that he/she/they executed the same in his/her/their - - authori capacity(ies), and that by his/her/their signature(s) on the instrument + ° ',F SHEILA K. MC DONALD It the person(s) or the entity upon behalf of which the person(s) acted, eacecuted the NI „..r.. COMM. #1090412 instrument o .. 7 NOTARY PUBLIC-CALIFORNIA 0 ,q` P/ ORANGE COUNTY N WITNESS my hand and official seal. it MY COMMISSION EXPIRES MARCH 15, 2000 it •///. /." `-, / .d .ICI /_ Signature of Notary y ; '..ro.,,�9r�--�'- iWr7"....... lryq>.�( n .,�c ww . ( j�T�� af-19�.yy. L .:' - drsw�.c3•,,yw.w •--w ,,n -/. r/ ;7`91 "2C.IO -'" �OP `V♦ `/ ,4 % h ,{i/ '-�` 73...40'M data b cit>r u not:I:quaTesl 7v La++ t aev pra a wuoie a peau rvytttg on re document and mulct preYct`--a.e taicni ro¢+clttr+me oe Qua:ate CAPACLI Y CL IED BY SIG`-ER DESCRIPTION OF ATTALEI D DOCUMENT -- LN'DFv D AL(S) Z CORPORATEOFFICER(S) San Juan Capistrano President Preventative Street Maintenance Tri-LES(S) TITLE OR TYPE OF DOCIJMThT ❑ PARTIER(S) 0 i m c-ED 0 GENERAL NUMBER OF PAGES ❑ ATTOR.v'EY-LN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCU1rl.E N T SIGNER IS REPRESENTING: NAME OF PERSON(S)OR DrITTY(IES) SIGNERS)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 of Si,rr(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 name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisTherhheir authorized capacity(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) acted, executed the ._.._ instrument_ SHEILA k. MC DONALD , N at COMM. #1090412 WITNESS my hand and official seal. g 1\7 . ,i° NOTARY PUBLIC•CALIFORNIA • 4i.;;ie ORANGE COUNTY N il MY COMMISSION EXPIRES MARCH 15,2000 It ' /13.-JAJ Signature of Notary i nei •i A L.. :z wi+,..:/. ,ffC� i da '3G...,• ,,...w ,.r � P r .sCf£ My�^Y^aPr i',w...+i^• M � :�f""G M • Yt/i '�i ,ar ,i� C %r/ Y iO," T O T .:</i o ri 7'..,. t ..., zG�r''G :r :,.x?%ox�it` � ..;Kr.. OuCt the dace~below u not no cured 5y taw.2 Shay p-ove vaiuole to 7 •aersontszlytrtg on the,iocvnau and could prevent Vic^•roaar gr .of this for. CAPACITY CLA.LMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ND IVEDUAL.(S) _ CORPORATE OFFICER(S) TITLES(S) TITLE OR TYPE OF DOCUMEN•r ❑ PARTNERS) ❑ L IMrrED 0 GENERAL NUMBER OF PAGES • ATTORNEY-N-FACT ❑ TRUSrEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTFER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTTTY(IES) SIGNER(S)OTHER THAN NAMED ABOVE ULICO CASUALTY COMPANY 111 Massachusetts Avenue, N.W. Washington,DC 20001 ■ ■ ■ ■ ■ 763 POWER OF ATTORNEY Know All Men By These Presents: That Ulico Casualty Company,A Delaware Corporation,having its principal office in Washington, DC,pursuant to the following resolution,adopted by the Board of Directors of the Corporation effective on the 28th day of January, 1993: RESOLVED: "That the Chairman and Chief Executive Officer be,and hereby is,authorized to execute Powers-of-Attorney, qualifying the attorney named in the Powers-of-Attorney to execute on behalf of the Corporation contract bonds and other related surety bonds, and to attach thereto the corporate seal of the Corporation,in the transaction of its surety business." RESOLVED: "That the signatures and attestations of such officers and the seal of the Corporation may be affixed to any such Power-of-Attorney or to any certificate relating thereto by facsimile, and any such Power-of-Attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding upon the Corporation when so affixed with respect to any contract bond or other related surety bond to which it is attached." This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT: James W. Moilanen, Mike Parizino, Judith K. Cunningham, John M. Garrett, Janina Monroe, Sheila K. McDonald and Lourdes Landa of Willis Corroon Corporation Orange County of Santa Ana, in the State of California, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name,place and stead to sign,execute,acknowledge and deliver in its behalf,and as its act and deed, without power of redelegation,as follows: Contract bonds and other related surety bonds: IN AN AMOUNT NOT TO EXCEED THREE MILLION($3,000,000.00) DOLLARS; to bind Ulico Casualty Company thereby as fully and to the same extent as if such bond was signed by the duly authorized officers of Ulico Casualty Company,and all the acts of said Attorney(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. In Witness Whereof, Ulico Casualty Company of Dover, Delaware, has caused this Power of Attorney to be signed by its Chairman and Chief Executive Officer and its Corporate seal to be affixed this 15th day of April, 19%. This Power of Attorney is void unless the seal is readable, the text is in black ink, the signatures are in black ink, this notice is in red ink, and if attached to a document executed subsequent to January 1, 1999. Ulico Casualty Comp. s A r� GP PP�q� O i. District of Columbia ss: ° SEAL Z By: I ZC of,s,9 P/ rob:rt Georgine,Ch.firman and - Executive Officer On this 15th day of April, 19%, before the subscriber, a Notary Public . the District of Columbia, dul c missioned and qualified,came Robert A. Georgine of Ulico Casualty Company to me personally known to be the indivi. al and officer described therei nd who executed the preceding instrument,and acknowledged the execution of the same,and being by me duly sworn,d .osed and said,that he is the officer of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of the Company, and the Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the Corporation,and that the resolution of the Company,referred to in the preceding instrument, is now in force. In Testimony Whereof,I have hereunto set my hand,and affixed my official seal at Washi : on, DC the day and year above written. {ePpWNAI / 0,.NOTARY By: / //11/` Notary Public ►'UBLIC, Betty Biti7v!? Gaolotat•,4;; My Commission Expires: } , N7tdiy Pubh, DIS?ri;;± CERTIFICATION My Commission Expires Apiii 14, 1999 I,Joseph A. Carabillo, Assistant Secretary of Ulico Casualty Company of Dover, Delaware, do hereby certify that the foregoing Resolution adopted by the Board of Directors of this Corporation and the Powers of Attorney issued pursuant thereto, are true and correct, and that both the Resolution and the Powers of Attorney are in full force and effect. In Witness Whereof,I have hereunto set my hand and affixed the seal of the corporation this 26th day of February 199 7 . - Ary GP'_pi'0q4,0 CoO / SEAL 1. By: i •p A.Ca abillo,Assistant Secretary FLAW NP/ UCB-102-POA1(09/94)