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14-0506_FRIESS COMPANY BUILDERS_Labor and Material BondBOND NO. 308957P BUND PREMIUM; INCLUDED IN PERFOR ANCE xOND BOND EXECUTED IN DUPLICATE LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That i Premium Included WHEREAS, the CITY OF SAN JUAN CAPISTRANO, a municipal corporation of Orange County California, has awarded to >~riess Company Builders, Inc. ,License No. 706656 hereinafter designated as "Principal", a contract fol City Hall Renovation and WHEREAS, said Principal is required to furnish a bond in connection with the said contract that if said Principal, or any of his or its sub -contractors, shall fail to pay for any materials, provisioi provender or other supplies or teams used in, upon, for or about the performance of. the work contracted to done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we Friess company Builders, Inc. Principal, and Developers Surety and Indemnity Company as surety, e , held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum Ninety Nine Thousand Nine Hundred and Sixty Four 0/100 ($99,964.00) DOLLAI ($99111611-00 ___i, lawful money of the United States of America, for payment of which sum well and truly to made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executor administrators, successors or assigns, or sub -contractors, shall fail to pay for any materials, provision provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the wo contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under tt Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title Division 5, Chapter 3 of the Government Code of California as amended, thatthe surety will pay forthe san in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of an and all person companies and corporations entitled to file claims under said act, so as to give a right of action to therm their assigns in any suite brought upon this bond. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension time, alteration or modification of the contract documents or of the work to be performed thereunder shall any way affect its obligation on this bond and it does hereby waive notice of any such change, extension time, alteration or modification of the contract documents or of work to be perforrhed thereunder. LB -9 As a part of the obligation secured thereby, and in addition to the face amount specified therefore, 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 purposes be deemed an original thereof, have been duly executed by the Principalzand surety herein nam on the 08 day of ma 2014. The name and corporate seal of each corporate party being hereto affixed and these presents duly signed its undersigned representatives pursuant to authority of its governing body, HANS VAN LIGTEN, CITY ATTORNEY LB -2 Friess Company Builders, Inc. PRINCI By / Developer- Surety and ,rndemnit'y SURETY MA Yung T. Muli ick, AA-E,o ney. in...Fact ACKNOWLEDGMENT State of California County of '- ----' '-'-- Oram Oil May S, 2014 before rate, Christine T. Hoang, Notary Public (insert name and title of the officer) personally appeared _ Yupg T. M hick who proved to me on the basis of satisfactory evidence to be the person(x') whose name() Is/;%m subscribed to the within instrument and acknowledged to nae that he%ttktkft executed the same in hisAxxAkiek authorized capacity(, and that by hisliovxftsignature(s) on the instrument the person(g), or the entity upon behalf of which the person(g) acted, executed the instrument. l certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. tilTB I=S farad and offlciai seal. gyp` ° 'tip CHRISTINE I HOANG � R ��� COMM. # 2008757 -�- r NOTARY PURUC•CAUFORNI� ORANGE COUNTY CoCo ,.I My COMM, EXP. FEB 25, 2017 Signatu (Seal) POWER OF ATTORNEY FOR DEVELOPERS SURETY AND fNDEMNITYCOMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263.3300 KNOW ALL 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 severaliy*** as their tree and ':a Ful Attomey(s)4n-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surery- ship giving and granting unto said Attorney(s)-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 each of said corporations full power of substitution and revocation, and ail of the acts of said Attorneys) -h -Fact, pursuant to these presents, are hereby ratified and confirmed. This ?ower of Attorney is granted and is signed by facsimile under and by auTority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INOEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, 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 Vire-President or any Vice President of the corporations be, and that each of them hereby is, aulhorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be. and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power ofAttomey 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. N WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORN IAhave severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this October4lh, 2011. Ata7rr,�y". ^ �PA1Vy 0 Daniel Young, Senior VicePresldent..:..'90)z fit Cry i'{7 l �' cv.�G^tet x Ott DCT C3 '� 0 E Y t rs `. 1936 a; W 1967 Steve A, Tvedt, Vice -President State o1 California `y County of Orange .... On _..._., October 4 2011 before me, _., Antonio_Avarad,.9 ... a. Na_ajy.b[iC.... T_---- Date Here Insert Name and Tine of the Officer personally appeared _ ..... .._,....... .............--- Dante[ You�nc and Steve A. Tvedt _ -- Name(sj of Signers) — — -__ _...._....—... _ _....... _ who proved to me on the basis of satisfactory evidence to be the person{s) whose name(s) isiare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hisiherltheir authorized ANTONIO ALVARA . capacify(ies), and that by hislherithek signatures) on the hatrument the perscri or the entity upon behalf of which the person(s) acted, executed the instrument. Ni PUBLIC ° A I certif{ under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and waect. 10 MY rorssm� Atgl A, 2013 WITNESS my hand and official seal. 6_ � Place Notary Seal Above Signature _... µ.._-- AntonioAivarado, Notary Public CERTIFICATE The undersigned, as Secretary Dr Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby cerflfy that the foregoing Power of Attomey remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Hoards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certficate isexecutedin the City of Irvine, Caiifcrnia, this us day of MAY 2014 toy: ' t r mor� regg Okui , istentSecretary ID-1380(Rav-10111) ACKNOWLEDGMENT State of California County of a�VNc� ) On V i" 1 1� before me, IM (insert name and title of th officer) personally appeared �. .. t�. c,s who proved to me on the basis of satisfactory evidence to be the person( -whose name 's afe s bscribed to the within instrument and acknowI d ed to me tha '�s�/theyy executed the same in his heflthei-r authorized capacity(Le6), and that b his her�'t4ir signatureon 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. Commission No. 2040648 WITNESS m hand and official seal. Y p"*°g NOTARY PUBLIC•CALIFOWA \iF ORANGE COUNTY •a' My Comm. Expires SEPTEMBER 8, 2017 Signature Y V . - t' w. 3� ;i i .� �� (Seal)