14-0506_FRIESS COMPANY BUILDERS_Performance Bond PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That /-f/ "
as Principal, hereinafter called CONTRACTOR, and
as Surety, hereinafter called SURETY, are held and firmly bound unto the CITY OF SAN JUAN
CAPSTRANO, as Obligee, hereinafter called CITY, in the amou of
Dollars for
payment whereof Contractor and Surety bond 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):_
which contract is by reference made a part hereof;
NOW THEREFORE, the condition of this obligation is such that, if Principal shalf 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
shalt 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 anyjudgment rendered.
PB-1
POND NO. 388.957P
BON',) PREMIUM: $2,999.00 WHICH IS SUBJ TO CHANGE BASED ON THE FINAL CONT)�ACT A,. _,�T
BOND EXECUTED IN EUPLICATE
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That Friess Company Builders, inc,
as Principal, hereinafter called CONTRACTOR, and Developers Surcty 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 o ',
Ninety Nine Thausand Nine Hundred. and Sixty Four 0/100 ($99,964.00} Dollars foOG
payment whereof Contractor and Surety bond 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): City Hai ' Renovation
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;
11;;
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.
i
BE IT FURTHER RESOLVED that:
I. As a part of the obligation secured hereby,and in addition to the face amount specified,ther
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 anyjudgment rendered':`
PB-1
II
I
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2. Said Surety, for value received, hereby stipulates and agrees that no change, extension ofj
time,alteration,or modification of the contract documents or of the work to be performed thereunder,shall inj[
any way affect its obligations or this bond,and it does hereby waive notice of any such change,extension ofi
time, alterations, or modifications of the contract documents or of work to be performed thereunder.
Executed this ae day of May 2€114, at
Mission Viejo _
, California.
PRINCIPAL PriGss Compa-y Bu der<s, Inc.
APPROVED AS TO FORM (NOTARIZATION ANff SEAL)
HANS VAN LIGTEN, CITY ATTORNEY
SURETY Developers Surety and Inde ty company
-,-fNOTARIZ7
ND'SEAL) 'Z,,g T, Muilick,
Attorney-in-react
PF3-2
ACKNOWLEDGMENT
State of California
County of
On May 8, 2014 before me, Christine T. Hoa,19,Notary Public
(insert name and title of the officer)
personally appeared Yumz T. Mulfiek
who proved to me on the basis of satisfactory evidence to be the person() whose name( ) is/RX&
subscribed to the within instrument and acknowledged to me that he/g3atALft executed the same in
hisktxk authorized capacity**, and that by his/kukhmix signature(x) on the instrument the
person(v), or the entity upon behalf of which the person(v) acted, 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.
WITNrS,,my hand and official seal, 04 CHMSTINET.HOANGCOMM.#2008757
NOTARY PU"-CAUFORNIA
ORANGE COUNTY
��OFav MY COMM,EXP.FEB 25,2017
Signatu (Seal)
POWER OF ATTORNEY FOR
DEVELOPERS SURETYAND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725,IRVINE,CA 92623 (949)263-3360
KNONALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each
hereby make,constitute and appoint.
-*Yung T.Mullick,James W.Moilanen,Jennifer C.Anaya,Jointly or severally***
as their true and awful Attomoy(s)-n-Fact,to make,execute,deliver and acknowledge,for and on behaff of said corporations,as sureties,bonds,undertakings and contracts of surety-
ship giving and granting urto said Attorneys)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of
said corporations could do,but reserving to ea0i of said corporations full power of substitution and revocation,and all of the acts Of said Atiorney(s)-in-Fact,pursuant to these presents,
are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimiie under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CRL€FORMA,effective as of January 1st,2008.
RESOLVED,that a combination of any two of the Chairman of the Board,the President,Executive Vice-President,Senior Vice-President or any Vice President of the
corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the atiomey(s)named in the Power of Attorney to execute,on behalf of the
corporations,bonds,uncertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporatioris be,and each of them hereby is,authorized
to attest the execution of any such Power of Attorney;
RESOLVED.FURTHER,that the signatures of inch officers 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 shall be valid and binding upon the corporations when so affixed and in the future with respect'.to any bond,undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective officers and attested by their respective Secretary or Assistant Secretary this October 4th,2011.
By_v � _ &Nr, y4�5 O ,pRNY��
Daniel Young,5eniorVice•Presidanl Al
G $OCT
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t4 ocT..51967
n
Steve A.Tvedt,Vice-Pres[dent
State of Califomia
County of Orange
On ............ DCt 17_4_2014 _before me,.._ _. _ Antonio Nvarado Otary Public __....
Date Here Insert Name and Title of the Officer
personally appeared �Oanie!Young and Steve A,Tvedt
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the persons)whose name(s)islare subscribed to
the wilhin instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized
10 ANTONIO � capacity(ies),and that by hislherltheir signatures)on the instrument the person(s),or the entity upon behalf of
comm.#1 which he person(s)acted,executed the instrument.
NOTAW PUBW CALIFORNIA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
OAAWX CM114TY true and correct.
-my tet. Auq 9,2013
WITNESS my hand and official seal.
Place Notary Sea[Above Signature
Antonio Alvarado,Notary Public
CERTIFICATE
The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby
certify that the foregoing Power of Attorney remains in full farce and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Boards of Directors of
said corporations set forth in the Power of Attorney are in force as of the date of this Certificate,
This Certificate isexecutedin the City of Ervine,California,;his 08 clay of MAY con
By; 'rz
Gregg Okur , istant Secretary
ID-1380(Rev.10111)
ACKNOWLEDGMENT
State of California
County of CD e
On �(N �,4 -2c��cj before me,
(insert name And title dfthe officer
personally appeared V e v\ . F<V
who proved to me on the basis of satisfactory evidence to be the6he
son( whose name �s
subscribed to the within instrument and acknowled ed to me thas eltfTey executed t e in
�s e thefr authorized capacity(+e , and that b his J f� fr signatureXon the instrument the
person, or the entity upon behalf of which the person acted, 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 and official seal. k M.CONROY®ERRl°
s Commission No. 26.40648 ggy
NOTARY PUBLIC-CALIFORNIA �
r % ORANGE COUNTY
MY Comm.Expires SEPTEMBER 8,2017
Signature ; (Seal) .e...«,,.w.�..
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