1989-0502_BOTACO, INC._Labor & Material Bond• and #1179566
ower #E12948
Premium Included
in Performance Bond
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 BOTACO, INC. . License
No. * hereinafter designated as "Principal", a contract for cook _park
Replanting Project ;and
*(C-27 506782)
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 BOTACO, INC.
Principal, and AMWEST SURETY INSURANCE COMPANY . as surety, are
held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the
penal sum of Forty-nine thousand, nine hundred twenty-two- DOLLARS
($—!L—), 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.
**($49,922.00)
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 S, 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.
C-9
GENERAL ACKNOWLEDGMENT
State of Cq 4- i Foe N(ft
SS.
County of a FZl41jCq.f
OFFICIAL SEAL
HERYL A JOHNSON
[q::NM0CTAIZy0Pjj5LIC • CALIFORNIA
RANGE COUNTY
y comm. expires NOV 11, 1989
7110 122
On this the t9� day of _ % UN L 19,81, before me,
0-0tf'-'Y4, 'q - "JON-NSOIJ
the undersigned Notary Public, personally appeared
Y&'N He t o SO7-0
❑ personally known to me
roved to me on the basis of satisfactory evidence
to be the person(s4whose name(p 1 g subscribed to the
within instrument, and acknowledged that executed it.
WITNESS my hand and official seal.
STATE OF CALIFORNIA, COUNTY OF Orange
On June 15, 1989
County and State, personally appeared Marcia D.
NO. 201
NATIONAL NOTARY ASSOCIATION • 23012 Ventura BW. • P.O. Boz 1825 • W0 IoW Hills. CA 81381
_, before me a Notary Public, within and for the said
Smith , known
tome (or proved tome on the basis of satifactory evidence) to be the person whose name is subscribed to the within instrument
as the Attorney in Fact of and for the AMWEST SURETY INSURANCE COMPANY, and acknowled ed to me that he
subscribed the name of the AMWEST SURETY INSURANCE COM ANY thereto as Surety, and his o n e as Attorney
in Fact. 64&7�
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