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1996-1001_PARSANS CONSTRUCTION COMPANY_Performance Bond PERFORMANCE BOND BOND# CA705282 PREMIUM: $4 , 280. 00 KNOW ALL MEN BY THESE PRESENTS: That PARSANS CONSTRUCTION COMPANY as Principal, hereinafter called CONTRACTOR, and MERCHANTS BONDING COMPANY (MUTUAL) hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY in the amount of TWO HUNDRED EIGHTEEN THOUSAND SIX HUNDRED FORTY SEVEN DOLLARS AND 40/100. ($218, 647. 40 ) - -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 09/25/96 entered into a (describe agreement) CONSTRUCTION OF 1-5 FREEWAY SOUNDWALLS ADJACENT TO SAN JUAN CAPISTRANO SCHOOL AND CASITAS CAPISTRANO. 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 /old; otherwise it shall remain in full force and effect. Surety waiv.es whatever legal right may have to require that a demand be made first against the print::al in the even: 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, to be taxed as costs and included in any judgment rendered. PB-1 ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA CAPACITY CLAIMED BY SIGNER County of LOS ANGELES ElINDIVIDUAL(S) ❑ CORPORATE On 09/25/96 fore me, __ DORIS D. ALLEN (name, title of officer) OFFICER(S) TITLE(S) EDWARD ALLEN ❑ PARTNER(S) personally appeared )ATTORNEY-IN-FACT ❑ personally known to me - OR -TJ proved to me on the basis of satisfactory ❑ TRUSTEE(S) evidence to be the person(s) whose name(s) is/are subscribed to the with- ❑ SUBSCRIBING WITNESS in instrument and acknowledged to me that he/she/they executed the 1 ❑ GUARDIAN/CONSERVATOR same in his/her/their authorized capacity(ies), and that by his/her/their sig- nature(s) on the instrument the person(s), or the entity upon behalf of El OTHER: which the person(s) acted, executed the 1 ' , n ' - ' - " —9 instrument. OFT DORIS D.AMEN LCA .4 =��� Witness my,hand and official seal. SIGNER PERSON(S)OR ENTITY(IES) Comm.#1022187NAME OF \,;".£ �J: NOTARYos AngeIes CountyCALIFORNIA , ` 1 2 MERCHANTS BONDING II, �' \ a Nly Comm.Exc fires Arx.22,1998 COMPANY (MUTUAL) A(rFOP Mil" -, /I / .tea i 2. __I Surety, for value received, he 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, alteration, or modification of the contract documents or of work to be performed thereunder. Executed this 25TH day of SEPTEMBER 19. 96 , at, NORTH HOLLYWOOD , California. PARSANS CONSTRUCTION CO 6154 BELLAIRE AVENUE DIOR T H HOLLYWOOD, CA. ' . 06/J EDWARD PARSAN IAN 49,17,440r APPROVED AS TO FORM: (NOTARIZATION AND SE • MERCHANTS BONDING COMPANY (MUTUAL) 2425 E. CAMELBACK RD #800 City Attorney PHOENIX, AZ 85016 EDWARD ALLEN;---,ATTORNEY-IN-FACT (NOTARIZATION AND SEAL) Page 2 - PERFORMANCE BOND PB-2 • x ]x Acknowledgement of Principal El Acknowledgement of Surety (Attorney-in-Fact) STATE OF CALIFORNIA County of LOS ANGELES 1 ss On 09/25/96 f before me, EDWARD ALLEN (here insert name and title of the officer), personally appeared EDWARD PARSANIAN personally known to me (or proved to me on the basis of sansfactory 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), and that by hisiher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. —u.�.�y�—------1, • WITNESS my hand and ial seal. E 4 _,, f EDWARD ALLEN .13 �����( ... Comm.101022188 Signature (L4-‘'"-- 3I. NOTARY PUBLICS CAufORNIA (Seal) t Fel ;!' 1osAngelesCounty' 4 c - o. My Comm.Expires Apr. 22.1998 SDIA 230(12/92 rev.! �---- 1 'rchants Bonding Coi _dany (MUTUAL) POWER OF ATTORNEY Know All Men By These Presents,that the MERCHANTS BONDING COMPANY(MUTUAL),a corporation duly organized under the laws of the State of Iowa,and having its principal office in the City of Des Moines,County of Polk, State of Iowa, hath made, constituted and appointed,and does by these presents make,constitute and appoint ***EDWARD ALLEN*** CA of NORTH HOLLYWOOD and State of its true and lawful Attorney-in-Fact, with full power and authority hereby conferred in its name,place and stead, to sign,execute,acknowledge and deliver in its behalf as surety any and all bonds,undertakings,recognizances or other written obligations in the nature thereof,subject to the limitation that any such instrument shall not exceed the amount of: ***FIVE HUNDRED THOUSAND DOLLARS ($500,000.00)*** and to bind the MERCHANTS BONDING COMPANY(MUTUAL)thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANT'S BONDING COMPANY(MUTUAL), and all such acts of said Attorney-in-Fact, pursuant to the authority herein given,are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By-Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY(MUTUAL)on October 3, 1992. ARTICLE II,SECTION 8.—The Chairman of the Board or President or any Vice President or Secretary shall have power and author- ity to appoint 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. ARTICLE II,SECTION 9.—The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof,MERCHANTS BONDING COMPANY(MUTUAL)has caused these presents to be signed by its Vice-President and its corporate seal to be hereto affixed,this 26th day of July ,19 95 • ...... MERCHANTS BONDING COMPANY iMl• UAL) •• o RPOg4 • • • • V • : o- o; • •• y• 1933 c; By /6(1717 •• J� `� •� vice President • STATE OF IOWA •• .•• COUNTY OF POLK ss On this 26th day of July ,1995 ,before me appeared Larry Taylor,to me personally known, who being by me duly sworn did say that he is Vice-President of the MERCHANTS BONDING COMPANY(MUTUAL), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines,Iowa,the day and year first above written. .• •• . 0)464 4.. f41 c '• I, /!i C���G(�l 2, ct Z . Notary Public,Polk County,Iowa IOWA • My Commission O, •.....••••�P •. Expires 2-19-98 STATE OF IOWA4 R I P •.* COUNTY OF POLK ss. •• • I,William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL),do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY,executed by said MERCHANTS BONDING COMPANY(MUTUAL),which is still in force and effect. In Witness Whereof, I have hereunto set my hand and 9,,ffed the Seal of the Company on this 25TH day of SEPTEMBER 19, b . •....... NGC .•gyp\•... O�A �!/ �•�O•• PP09'•.q •. Secretary • This Power-of-Attorney expires 12-31-97 • :��.;2 -o_ r`: • 3• MSC 0814 y•• 1933 ;c; . J Y•