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1989-0502_BOTACO, INC._Performance Bond• Bond #1179566 . Power #E12948 Premium: $1,498.00 BOND PREk4R.I" 17",.q!7f? ON PERFORMANCE BOND FINAL CONI RAi r i't5 ti k KNOW ALL MEN BY THESE PRESENTS: That BOTACO, INC. , as Principal, hereinafter called CONTRACTOR, and AMWEST SURETY INSURANCE 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 Forty-nine thousand, nine hundred twenty-two-* Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. *($49,922.00) WHEREAS, Contractor has by written agreement dated entered into a (describe agreement): contract for Cook Park Replanting Project 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. C-7 GENERAL ACKNOWLEDGMENT State of CA'- f FOX N f n 1 SS. County of 19 4 t- 11 NO. 201 On this the �gday of _vU 101:11, before me, CI-IY.I 1- A- JatF,vGVN the undersigned Notary Public, personally appeared % I ^jAGi o 5o7z0 , ❑ personally known to me =AH EAL Droved to me on the basis of satisfactory evidence I RSON to be the person(sl whose name(!,) J5 subscribed tothe ALIFOR.NIA within instrument, and acknowledged that H6 executed it. OV 11, 1989 WITNESS my hand and official seal. re n10 122 NATIONAL NOTARY ASSOCIATION , 29012 Yantwa B . , P.O. Box 0828 • Wo awl Mels, CA 91386 STATE OF CALIFORNIA, COUNTY OF Orange ss. June 15, 1989 On before me a Notary Public, within and for the said County and State, personally appeared Marcia D. 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 acknowledged to me that he subscribe A . rTT,c eT er rn c CE COM Y thereto as urety, and his own n as Attorney d�� OFFSCtAI ltEAl n in Fact. / ? , �'.AYLEN PICEINDOZA-GIARLA ��' N3tart^ PuN is California �"... ', -COUNTY NOTARY PUauc g rr C3 0 0 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 15th day of June 19 89 , at Westminster , California. BOTACO, INC. PRINCIPAL BY:✓V APPROVED AS TO FORM (NOTARIZATION AND SEAL) AMWEST SURETY INSURANCE COMPANY SURETY BY: M $ p g� gAtt (I�C AttIZATI LAND SEAT5"y-in-Fact C-8