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1988-0621_BLAIR PAVING, INC_Labor & Material Bond No. 0284392Executed in Three Counterparts • Bond No. 0284392 Premium Included in Performance Bond LABOR AND MATERIAL BOND County, No. KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange California, has awarded to Blair Paving, Inc. . License _, hereinafter designated as "Principal", a contract vino Capistrano, 1-5 Ramps at San Juan Creek Roa )halt Concrete Overlay 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 Blair Paving, Inc. , Principal, and Great American Insurance Company , as surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of Fifty Two Thousand Eight Hundred Seventy One and 00/100 DOLLARS ($ 52.871.00, 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 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. -22- STATE OF CALIFORNIA COUNTY OF OFFICIAL SEAL STACY R. ANDERSON NOTARY PUBLIC—CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Expires Oct. 22, 1991 ACKNOWLEDGMENT—Corporatbn—WWog4 Form 222CA-x—Rar. 5-82 ©1982 WOLCOTTS, INC. 1pma t4aa 8-21 On this —VXZCL day of _� in the year 19N, before me, the undersigned, a Notary �ublic in and for said State, personally appeared 0"_..._ A- , - . personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument on behalf of the Corporation therein named, and acknowledged to me that the Corporation executed it. WITNESS my hand and official seal. Notary Public in and for said State. State of CALIFORNIA On June 3, 1988 before me, the undersigned, 1 ss. a Notary Public of said county and state, personally appeared County of ORANGE 1 Diana Laskowski , personally known to me to be the Attorney -in -Fact of Great American Insurance Company the Corporation that executed the within instrument, and known to me to be the person who executed the said instrument on OFFICIAL SEAL behalf of the Corporation therein named, and acknowledged to DEBORAH A. HILL me that such Corporation executed the same. Notary Publo-Confomla ORANGE COUNTY My Cann. Exp. Jan. 9, 1992 NCfTARV PUBLIC STATE OF CALIFORNIA COUNTY OF OFFICIAL SEAL STACY R. ANDERSON NOTARY PUBLIC—CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Expires Oct. 22, 1991 ACKNOWLEDGMENT—Corporatbn—WWog4 Form 222CA-x—Rar. 5-82 ©1982 WOLCOTTS, INC. 1pma t4aa 8-21 On this —VXZCL day of _� in the year 19N, before me, the undersigned, a Notary �ublic in and for said State, personally appeared 0"_..._ A- , - . personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument on behalf of the Corporation therein named, and acknowledged to me that the Corporation executed it. WITNESS my hand and official seal. Notary Public in and for said State. IN WITNESSOEREOF three (3) identical countorts 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 3rd day of June 19 88 . 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. APPROVED AS TO FORM Blair Paving, Inc. PRINCIPAL B Great American Insurance C pany SURETY BY Diana Laskowski Attorney -In -Fact -23- Gkiiry 140ki�s pVcus � 'LWiVPY - The number of persons authorized by this power of attorney is not more than No. 013088 FOUR POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power DAVID L. CULBERTSON LINDA L. CULBERTSON ALL OF ALL CHARLES L. FLAKE ANAHEIM UNLIMITED DIANA LASKOWSKI This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 7TH day of October 19 87 Attest STATE OF OHIO, COUNTY OF HAMILTON — ss: GREAT AMERICAN INSURANCE COMPANY On this 7th day of October, 1987 , before me personally appeared ROBERT M. SCHUDER, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated August 20, 1979. RESOL VED: That the President, the several Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -In -Fact to execute in behalf of the Company, as surety, anv and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof,' to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOL VED FURTHER: That the Company seal and the signature of any of the aforesaid officers may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of the Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of August 20, 1979 have not been revoked and are now in full force and effect. Signed and sealed this 91029K (09/971 3rd day of June 19 88