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08-0618_BOUDREAU PIPELINE CONSTRUCTION_Perf Bond No. 786101P Executed in Triplicate Bond Number: 786101P Premium: $6,231.00 PERFORMANCE BOND PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL OWRACT PRIDE Know all men by these presents, that: That Boudreau Pipeline Corporation as Principal, hereinafter called CONTRACTOR, and Developers Surety and Indemnity 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 Four Hundred Thirty Two Thousand Seven Hundred Thirty Five & 00/100 Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated May 20, 2008 entered into a (describe agreement): Emergency Sewer Trunk Line Replacement Hydraulic Capacity Project 1A. 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 judgement rendered. 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. PB-1 Executed this 23rd day of May 2008 , at Ontario California. Boudreau Pipeline Corporation PRINCIPAL Notarization and Seal) Developers Surety and Indemnity Company SUR Y By �C _ 'li�' Susan 0. Monteon, Attorney-in-Fact (Notarization and Seal) APPROVED AS TO FORM Omar Sandoval&IaAkty��Atto r PB-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On (o-1s -0 If before me, Mon:. . S. S1Gnves<1 �(� #11.2hsty �ob�;� Date Here Insert Name l of the icer personally appeared W101y`, 5• eaV Narrate)of Signer(s) who proved to me on the basis of satisfactory evidence to be the persork) whose namgX is/N subscribed to the MONICA J. EILINWOOD within instrument and acknowledged to me that Commission P Public ♦ 1713550 hel eA*executed the same in hisg*ftF(,i(authorized Notary Ptside -CouCalinty capacity(k, and that by his�tl7�t'r signatur�r,�, on the RhenlEs County MyComtEtpYseJtnt2,20tt instrument the person`, or the entity upon behalf of which the personkacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my han official s Place Notary Seal Above signatur •1•y,eyWic _ OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General _ _ ❑ Partner—❑ Limited ❑ General _ El Attorney in Fact • El Attorney in Fact ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other. Signer Is Representing: Signer Is Representing: 02007 National Notary Association•9350 De Soto Ave.,PA Box 2,102-Chatsworth,CA 9131&2402•www.NationalNotab org Item#5909 Reorrier:Call Toll-Free 1-800-8]6682] CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California SS. County of San Bernardino On May 23. 2008 before me, Pamela McCarthy. Notary Public Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Susan C. Monteon Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she gwawtt�yN., , executed the same in her authorized capacity, PA._LA MCCARTHY and that by her signature on the instrument the i. COMM. 1111659202 person, or the entity upon behalf of which the person NSAN BERNARC—CAUFORNIq-C acted, executed the instrument. SAN BERNgRDINO COUNTY My Comm.Expires April 30,2010 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signers) Signer's Name: O Individual O Corporate Officer Title O Partner -- O Limited O General Top of thumb here x❑ Attorney-in-Fact O Trustee O Guardian or Conservator Other: Signer is Representing: e ' Executed in Triplicate Bond Number: 786101 P Premium: $6,231.00 PERFORMANCE BOND PAEMIUMIS PDA WNTAACTTEN AND IS SUBJECT TO ADJUSTMENT 2ASEDON FhAICONTRACT PF1" Know ail men by these presents, that: That Boudreau Pipeline Corporation as Principal, hereinafter called CONTRACTOR, and Developers Surety and Indemnity 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 Four Hundred Thirty Two Thousand Seven Hundred Thirty Five &00/100 Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated May 20, 2008 entered into a (describe agreement): Emergency Sewer Trunk Line Replacement Hydraulic Capacity Project 1A. 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 judgement rendered. 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 charge, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. PB-1 Executed this 23rd day of may 2008 at Ontario California. Boudreau Pipeline Corporation PRINCIPAL (Notarization and Seal) Developers Surety and Indemnity Company SURIXTY Susan C. Monteon, Attorney-in-Fact (Notarization and Seal) APPROVED AS TO FORM DM JOAA Lf-lf Omar Sandoval, City Attorney PB-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 County of _ii:ga r5:A2 Ji On 6-X-I before me, Mon:co S. F\\;v�..,mc� A �lcrfntV Pub1:c Date Here Insert Name antl Tithe of the icer personally appeared N-on S•'gc x�rac,v Namea)of Signer(s) who proved to me on the basis of satisfactory evidence to be the persoros�_whose name*is/AM subscribed to the within instrument and acknowledged to me that 9r*0W884 4meMONICA J. ELLINWOOp he/*Alley executed the same in his�tOir authorized Commuslon a neS330 capacity(I s� and that by his/hl�r/tf lr signature{d on the MB0ftjU,12,2011 Notary Public •Collfornid instrument the person(,or the entity upon behalf of Riverside County which the personAjacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand fficial seal ~ Place Notary Seal Above Signatur OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General _ _ ElPartner—❑ Limited ❑ GeneralWP _ LJ Attorney in Fact • El Attorney in Fact ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association,9350 De Soto Ave.,P.O.Sox 2402•Chatavoeh.CA 91313-2402-w Nationalf,ma,org Item#5907 Reorder:Call Toll-Fee 1A 76-IW7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California l } ss. County of San Bernardino JJJ On May 23, 2008 before me, Pamela McCarthy, Notary Public Name and Title of Officer(e.g.,'Jane Doe,Notary Public") personally appeared Susan C. Monteon Name(s)of Signers) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person PAMELA MCCARTHY acted, executed the instrument. COMM. # 1659202 z 2NOTARYPUBM—CAUFORNIA3 I certify under PENALTY OF PERJURY under the laws of LfM SAN BERNARDINO COUNTY the State of California that the foregoing paragraph is L Comm.Expires April 30,2010 true and correct. WITNESS my hand and �)official seal. �^ Signature of Notary OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer Title O Partner -- O Limited O General Top of thumb here O Attorney-in-Fact O Trustee O Guardian or Conservator Other: Signer is Representing: