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1997-0603_PETAR ARTUKOVICH CONSTRUCTION_Performance Bond Executed in Counterparts PERFORMANCE BOND Bond No: B97-013865 Premium Amt:$9,133.00 KNOW ALL MEN BY THESE PRESENTS: That Petar Artukovich Construction Co. , Inc. as Principal, hereinafter called CONTRACTOR, andULICO Casualty 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 Five Hundred Sixty- three Thousand Two Hundred Seventy-nine 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 entered into a (describe agreement): construction project entitled MARBELLA GRAVITY SEWER 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. PB-1 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. r Executed this 20th day of May , 19 97 , at Ins AncjP1 Pc , California. PRINCIPAL PETAR RTUKOVICH CONSTRUCTION CO. , INC. Petar Artukovich, President APPROVED AS TO FORM (NOTARIZATION AND SEAL) pLi- J. N R. SHAW, CITY ATTORNEY SURETY ULICO Casualty Company C.K. Nakamura, Attorney In-Fact (NOTARIZATION AND SEAL) , PB-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA n COUNTY OF LC' 5 A/l) G ) On #14V 117 before me, LA Q,rL Y C /T3 5 O /v, / U 7Ry fv�7 L , DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" f personally appeared, ART () O i)1 C k4 personally known to me (or proved to me on the basis of satisfactory 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 his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my A d and offici. eal. y Larry C Gibson ` ccv Q�NOT q�pUBL#7p61099 �71R�• LOS ANGELES COUN7vNlA _ Comm Exp-0ct.27,1999 $1.A . . (SEAL) ' ' - - NOTARY •UBLIC SIGNATURE OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On May 20, 1997 before me, Harriet Lambell, Notary Public, personally appeared C.K. Nakamura personally known to me (or proved to me on the basis of satisfactory 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 his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ,.:.. HAtiRIET IMABELL � Corrw�elon i 1093226 71 ayRNotay Public—ColliomloA 171 'v Los An�31es County My co,' r.. May 30?44: ULICO CASUALTY COMPANY 111 Massachusetts Avenue,N.W. Washington, DC 20001 ■ ■ ■ ■ ■ 125 POWER OF ATTORNEY Know All Men By These Presents: That Ulico Casualty Company,A Delaware Corporation,having its principal office in Washington, DC,pursuant to the following resolution,adopted by the Board of Directors of the Corporation effective on the 28th day of January, 1993: RESOLVED: "That the Chairman and Chief Executive Officer be,and hereby is,authorized to execute Powers-of-Attorney,qualifying the attorney named in the Powers-of-Attorney to execute on behalf of the Corporation contract bonds and other related surety bonds, and to attach thereto the corporate seal of the Corporation,in the transaction of its surety business." RESOLVED: "That the signatures and attestations of such officers and the seal of the Corporation may be affixed to any such Power-of-Attorney or to any certificate relating thereto by facsimile, and any such Power-of-Attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding upon the Corporation when so affixed with respect to any contract bond or other related surety bond to which it is attached." This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT:C.K. Nakamura, E.S.Albrecht,Jr.,and C.G. Grasso of Rollins Hudig Hall of Southern California, Inc.of Los Angeles, in the State of California, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name, place and stead to sign, execute,acknowledge and deliver in its behalf,and as its act and deed,without power of redelegation,as follows: Contract bonds and other related surety bonds: IN AN AMOUNT NOT TO EXCEED THREE MILLION($3,000,000.00) DOLLARS; to bind Ulico Casualty Company thereby as fully and to the same extent as if such bond was signed by the duly authorized officers of Ulico Casualty Company,and all the acts of said Attorney(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. In Witness Whereof, Ulico Casualty Company of Dover, Delaware, has caused this Power of Attorney to be signed by its Chairman and Chief Executive Officer and its Corporate seal to be affixed this 15th day of June, 1996. This Power of Attorney is void unless the seal is readable, the text is in black ink the signatures are in black ink this notice is in red ink, and if attached to a document executed subsequent to January 1, 1999. Ulico Casualty Comp. •, A T� PPO A4^ O District of Columbia ss: SEAL i By: Ab. / ,ert A.Georgine,Chairman an. ' ief Executive Officer On this 15th day of June, 1996,before the subscriber,a Notary Public of the District of r olumbia,duly commissioned:• qualified,came Robert A. Georgine of Ulico Casualty Company to me personally known to be the individual and officer .escribed therein, and who e _ ted the preceding instrument, and acknowledged the execution of the same,and being by me duly sworn,deposed and sai., that he is the officer of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of the Company,and the Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the Corporation,and that the resolution of the Company,referred to in the preceding instrument,is now in force. In Testimony Whereof,I have hereunto set my hand,and affixed my official seal at Washington,DC the day and year above written. NO TAR y \ ' ,S l/l / , By: , a PUBLIC otary Publiick U.T ce'Lea �m y Com miss,• xpires: i',otaryPulbli , i istrict of Columbia A' o My Commission Expires March 31, 2gO1 CERTIFICATION I, Joseph A. Carabillo, Assistant Secretary of Ulico Casualty Company of Dover, Delaware, do hereby certify that the foregoing Resolution adopted by the Board of Directors of this Corporation and the Powers of Attorney issued pursuant thereto, are true and correct, and that both the Resolution and the Powers of Attorney are in full force and effect. In Witness Whereof,I have hereunto set my hand and affixed the seal of the corporation this 70th day of 199 may A O 40PPOA� .; / SEAL )'z By: ; /••eph A. arabillo,Assistant Secretary UCB-102-POA1 (09/94) 2'