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1996-1001_PARSANS CONSTRUCTION COMPANY_Labor & Materials Bond LABOR AND MATERIALS L....AD BOND# CA705282 PREMIUM: $4, 280. 00 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to PARSANS CONSTRUCTION COMPANY , License No. 511415 hereinafter designated as "Principal", a contract for 1-5 FREEWAY SOUNDWALLS ADJACENT TO SAN JUAN CAPISTRANO SCHOOL AND CASITAS CAPISTRANO and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety or this bond will pay the same. NOW, THEREFORE, we PARSANS CONSTRUCTION COMPANY Principal, and MERCHANTS BONDING COMPANY (MUTUAL) � as Surety are held firmly bound unto the City of San Juan Capistrano a municipal TWO HUNDRED EIGHTEEN THOUSAND SIX HUNDRED corporation, in the penal sum of FORTY SEVEN DOLLARS AND 40/100. DOLLARS ($ 218, 647. 40 ), 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. 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 :o pay for any materials, provisions, provender, or teams, or other supplies or equipment urea in, upon, for or about the performance of the work contracted to be done, or for any work or !abor 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 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 .s brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond LM-I ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA CAPACITY CLAIMED BY SIGNER County of LOS ANGELES ElINDIVIDUAL(S) Cl CORPORATE 09/25/96 DORIS D. ALLEN OFFICER(S) On before me, (name, title of officer) TITLE(S) EDWARD ALLEN CI PARTNER(S) 1_ personally appeared I ATTORNEY-IN-FACT ❑ personally known to me - OR -X2 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 ❑ 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 CI OTHER: which the person(s) acted, executed the instrument. 1--,-----010 - -'4 P ' SIGNER IS REPRESENTING: (Y T ='''-", 'tis DORIS D.ALLEN -0 Wi ess�m hand and official seal. O'er t ' Comm.#1Q22187 y NAME OF PERSON(S)OR ENTITY(IES) Z , NOTARY PU8J• •CAUFORIdA ` 7? MERCHANTS BONDING COMPAN ,, "t ' Los Angeles County M o tM`Comm.Expires Apr.22,199$ / (MUTUAL) I' _CgCIF=N_ v / i , RIM. IRF OF NM - shall inure to the t._.._fit 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. IN WITNESS WHEREOF three (3) identical counterparts of this instrument, 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 25TH day of SEPTEMBER , 19 96 . The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. PARSANS CS •UCTION COMPANY PRINCIPA 0 /By i/4 EDW: ' fP SANIAN, OWNER MERCHANT ' BONDING COMPANY (MUTUAL) SURETY BY -t.. -'- - EDWARD ALLEN, ATTORNEY-IN-FACT APPROVED AS TO FOR • _fr ', 14...--1 // 1--alerft CITY ATTORNEY Page 2 - Labor & Materials Bond LM-2 �rchants Bonding CoL 1pany (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, riath made, constituted and appointed,and does by these presents make,constitute and appoint ***EDWARD ALLEN*** of NORTH HOLLYWOOD and State of CA 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 end 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(MUTUAL) �O.NG•�QSj,• ••00•.op,P 0,q •.q•• : —:? -o- o'• : —7 • •• . 1933 c; By / 7,-37/4-17----- ...,%., .. N.••may. ��:r • Vice Pree+c'em STATE OF IOWA •. .•• COUNTY OF POLK ss On this 26th day of July .19 95 ,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. • yi . M, % C441% e A,a,„:„ .. „ -. . c, . rr . Z Notary Public,Polk County,Iowa IOWA z • My Commission °T • �Q' • Expires 2-19-98 STATE OF IOWA ••. �R I A� . 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 m hand and 9,Ved the Seal of the Company on this 25TH day of SEPTEMBER 19, 96 . •... .•*O• \NG Co • !/,‘,, ,,,z-_,,,.. d...2...-,z,- ,y� This Power-of-Attorney expires 12-31-97 •G.,••,... . .�; _O_ R`;•_• • • a;3 Msc 0814 � ' ' 1933 :c `1a .