1995-0905_BOB WETZEL CONCRETE_Labor & Materials Bond No. 3SM88287900i
LABOR. AND MATERIALS BOND Bond ll: 3SM'i 882 879 00',
KNOW ALL NEN BY THESE PRESENTS: That
WHEREAS, the City of San Juan Capistrano, a municipal corporation of
Orange County, California, has awarded to i
BOB WETZEL CONCRETE, INC._ License No. 393934
hereinafter designated as "Principal",a contract for DRAINAGE IMPROVEMENTS -TRACT No. 8087,
CALLE DELGALDO STA. 0+00 TO STA. 4+59.55, CATCH BASINS r&
MTgC FORK 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, r�pon,
for or about the performance of the work contracted to be done, or for any work or Tabor.
done thereon of any kind, the Surety or this bond will pay the same.
NOW, THEREFORE, we BOB WETZEL CONCRETE, INC.
Principal, and AMERICAN MOTORISTS INSURANCE COMPANY j
as Surety are held firmly bound unto the City of San Juan Capistrano, a munilcIipal
corporation, in the penal sum of NINE THOUSAND SIX HUNDRED TWENTY-FOUR & NO110tlS***
DOLLARS ($9,624.00 ), lawful money of the United States of America for
payment of which sum well and truly to be made we bind ourselves, our heirs, execuars,
administrators and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that, it said Principal, .`.s or
its heirs, executors, administrators, successors or assigns, or sub -contractors, shall !ail 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 L, Division 3,
Chapter 3 of the Government Code of California as amended, that the Surety will pai for
the same in an amount not exceeding the sum specified in this bond and also in case suit is
brought upon thebond, a reasonable attorney's fee to be fixed by the court. This bond
L.M-I -
shall inure to the benefit of any and all persons, companies and corporations entitled t,�
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 .bona
and it does hereby waive notice of any such change, extension of time, alteration �r
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 tees, incurred by City in successfully enforcing sucl^
obligation, all to be taxed as costs and included in any judgment rendered.
IN WITNE55WHEREOF three (3) identical counterparts of this instrum nt,
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 7TH day of `
AUGUST jg 95 The name and corporate seal) cf
each corporate party being hereto afflxed and these presents duly .signed by lits
undersigned, representatives pursuant to authority of its governing body.
-%PPROYED AS TO FOR
::1TY ATTORNEY
'age 2 - Labor $ Materials Bond
BOB WETZEL CONCRETE, INC.
PRINCIPAL
AMERICAN MOTORISTS INSURANCE COMPANY
SURETY
Be'11t4dS1�9
Mic ael t. undiff/� torney-in-faeit
0 0
CALIFORNIA.' Pi1RPY)SEAG}tNf31Ni:EAGNiEN
State of California
County of OnNGE
On AUG 0 7 1995 before me, Ism NGUYEN, Notary Public.
NAME. TITLE OF OFFICER
personally appeared MICHAEL E. CARDIFF
NAME OF SIGNER
■ Personally known tome -OR - ❑ proved tome 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),
/��j(jM NGUYEN and that by r shis/her/theii signature(s) on the
5 /,,m,y� COMM. /1012642 � gna
r 7( NorArn vueucculroRNw o instrument the person(s), or the entity upon
��, ORANGE CWMV behalf of which the person(s) acted, executed the
;, , „ My Comm. Exp. Dec. 30, 1997
instrument.
WITNESS my hand and official seal.
(I'GAT RE OF NOTARY)
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL BOND(S)
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
E ATTORNEY-IN-FACT
❑
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR
❑
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
American Motorists Insurance Company
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
NONE
SIGNER OTHER THAN NAMED ABOVE
STATE OF ILLINOIS SS
COUNTY OF LAKE
I, Irene Klewer, a Notary Public, do hereby certify that J. S. Kemper, III and W. A. Grouzas personally known
to me to be the same persons whose names are respectively as Exec. Vice President and Secretary of the American
Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument,
appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed,
sealed with the corporate seal and delivered the said instrument as the from and voluntary act of said corporation
and as their own free and voluntary act for the uses and purposes therein set forth.
My commission expires: 1-28-98
4 "OFFICIAL SEAL" 101
I Irene Klewer 0.
4 Notary Public, State of Illinois
4 My CommissionExplrn t/209 ►
CERTIFICATION
Irene Klewer, Notary Public
I, N. J. Zarada, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power
of Attorney dated January 1, 1994 on behalf of the person(s) as listed on the reverse side is a
true and correct copy and that the some has been in full force and effect since the date thereof and is in full
force and effect on the date of this certificate; and I do further certify that the said J. S. Kemper, III and N. A.
Grauzas who executed the Power of Attorney as Exec. Vice President and Secretary respectively were on the date
of the execution of the attached Power of Attorney the duly elected Senior Vice President and Secretary of the
American Motorists Insurance Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American
Motorists Insurance Company on 4hisday of AUG 0 7 1995 , 19
N.J.Zarada, Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named
therein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
FM 836-5 6-92 1M PRINTED IN U.S.A.
Power of Attorney - Term
ariagu
uara e
AMERICAN MOTORISTS INSURANCE COMPANY
Home Office: Long Grove, IL 60049
POWER OF ATTORNEY
Know All Men By These Presents:
That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of
Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint
Michael E. Cundiff of Orange, California**'****'**
its true and lawful agent($) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period
beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on
its behalf as surety, and as its act and deed:
Any and all bonds and undertakings provided the
amount of no one bond or undertaking exceeds ONE
MILLION DOLLARS ($1,000,000.00)
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the
payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the sacro obligation to be split into two or more bonds in order to bring each such
bond within the dollar limit of authority as sat forth herein.
This appointment may be revoked at any time by the American Motorists Insurance Company.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
American Motorists 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 in Long Grow, Illinois.
THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997.
This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of
Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a
true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as
being in full force and of -Fact:
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in
writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and
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 any such officers of the Company may appoint agents for acceptance of Process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following
resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and
held on the 23rd day of February, 1988:
"VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to
resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so
executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be
valid and binding upon the Company."
In Testimony Whereof, the American Motorists Insurance Company hes caused this instrument to be signed and its
corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 .
Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY
W. A. Grauzas, SkGr4tary by J. S. Kemper, III, Exec. Vice President
(OVER)
0 0
'CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Na. 5907
State ofC%C
County of
On S before me, S�z 4yihe �G fZ
BATE ''��,,�� // e NAME, TITLE OF OFFICER - E.G.. 'JANE POE, NOTARY PUBLIC'
pers0 ally appeared Ob 40 TzL P J
NAME(S) OF SIGNERS)
personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(e) whose nameW !slaw
subscribed to the within instrument and ac-
knowledged to me that hek44e4hey-executed
the same in hisAiaT lqek authorized
capacity(.ies}, and that by hisN3efAiTe-il
signatures on the instrument the person(,
SUZANNEGETZZ or the entity upon behalf of which the
NOTARY PUBLIC, •CAUF personal acted, executed the instrument.
�, •'e - ORANGE COUNTY'
My Commission Expires
Nov. 11, 1907 WITNESS my hand and official seal.
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
[] )NDIVIDUAL
CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
AITLE OR TYPE DOCUMENT
NUMBER OF PAGES
DATE F DOC MENT
SIGNER(S) OTHEKTHAN NAMED ABOVE