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1997-0603_PETAR ARTUKOVICH CONSTRUCTION_Labor & Material Bond • Premium included Bond No: B97-013865 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to Petar Artukovich Construction Co. , Inc., License No. 295300 , hereinafter designated as "Principal", a contract for MARBELLA GRAVITY SEWER ; 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 Petar Artukovich Construction Co. , Inc. Principal, and ULICO Casualty Company , as surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of Five Hundred Sixty-three Thousand Two Hundred Seventy-nine DOLLARS ($563,279.o), 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 to pay for any materials, provisions, provender, or teams, or other supplies or equipment 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, 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 5, 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 is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit 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. LM-1 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 20th day of May 19 97 . 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. Petar Artukovich ConstructLon Co. , Inc. PRINC PAL By � 1 f 1- Petar Artukovich, President ULICO Casualty Company SURETY By C.K. Nakamura, Attorney In-Fact APPROVED AS TO FORM 1 ` R. SHAW, -' ATTORNEY LM-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF 5 ) On ing V /b 17 before me, �Q�Y C / s O A), a/{r Ry /(>8L/ C DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared, 7E7--/qR ( 0 Ko 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 m nd and official seal. Larry C Gibson tide% Comm.#1061099' c �+ NOTARYPUBLICALIFORNIAL,L7 , LOS ANGELES COUNTY (7 Comm Exp.Oct.27,1999 'r • ( (SEAL) NOT RY PUBLIC SIGNATURE OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA - L.I ORNIA At�L PURPOSE ACKNOWLEDGAA g:N ' � `. 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. IZ3n6 HARRIET ��r� AMBELL No1W Public-CaMforrya 4); st*I Los Anneles County T, M'tY 30.2n' • ULICO CASUALTY COMPANY 111 Massachusetts Avenue,N.W. Washington,DC 20001 ■ ■ ■ ■ ■ 126 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. -, l o r - District of Columbia ss: SEAL i By: / '..ertA.Georgine,Chairman an. c ief Executive Officer On this 15th day of June, 1996,before the subscriber,a Notary Public of the District of'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. ,' By: 140TARY \ , , a PUBLIC m / ,•otary PubliC2'Lea yCommiss.,• xpires: NOtaty PUbli listrict of Columbia 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 20th day of May 199 9 A ry OG 40PP Oqirm; / V�/ SEAL ) By. ; iP�P �� Ji.eph A. arabillo,Assistant Secretary UCB-102-POA1(09/94) a21