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11-0301_PETERSON-CHASE GEN ENG CONST., INC_Labor and Material Bond EXECUTED IN TWO COUNTERPAR'.L� 1i0ND# 251.5595 PREMIUM: INCLUDED IN LABORAND MATERIAL BOND PERFORMANCE BOND i Know all nen by these presents, that: WHEREAS, the City of San Juan Capistrano,a municipal corporation of Orange County, ON, i California,has awarded to: P tsON t ASt GENERALIN � ; qtr GENERAL � IW , License No. 615876 hereinafter designated as "Principal", a contract for DEL OBT E NG: ; and FROM ALIPAZ STREET TO PASEO ADILANTO (CIP 07107) EBF 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 tears 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. PETERSON-CHASE GENERAL NOW, THEREFORE, we ENGINEERING CONSTRUCTION INC. Principal, and GREAT AMERICAN INSURANCE COMPANY , as surety, Are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sura of DOLLARS am ($_32453,842.46), lawful money of the United States of America, for payment of which sum well and trsuccessoruly to yy be made we bind ourselves, these ppour heirs, executors, administrators and ntl and THREE MILLI FO`C3R HUNDRED II�ZFT��THREE THOUSANDEIGHTHUNDRED FORTY-TWO & 46/100 DOLLARS 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 Code with respect to such work, or for any amounts required to be deducted, withheld, and paid over to the EDIT from the wages of employees of the contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work, 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 r 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 Section 3181 of the Civil Code, 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, herebystipulates and a p grew 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 LM-1 contract documents or of work to be performed there under. 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. 1 Executed this 8TH day of MARCH __, 20 11, at ANAHEIM California. t PETERSON--CHASE GENERAL ENGINEERING CONSTRUCTION ` INC. PRINCIPA a By. GREAT AMERI AN INSURANCE COMPANY SURETY By: (Nota k ion and Seal) CHARLES L. FLAKE / ATTORNEY--IN--FACT APPROVED AS TO FORM ON City Attorney Y, . LM-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On before me, Date Here insert Name and Title o Officer personally appearedG� ....,. � Name(sj of Signers} who proved to me on the basis of satisfactory evidence to be the pel whose name(e) is/am subscribed to the within instrument and acknowledged to me that he/may executed the same in h1sAie4#-4r authorized K.VON SCHONREL-D capacity(aes), and that by hisA469thQir signature( on the rA Commission#1863484 IL instrument the person(-*, or the entity upon behalf of Public-California Zz which the person(&) acted, executed the instrument. Orange Courcy t Ga�ara.U fres 5 28,2E)13 1 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. Place Y ace Notar Seal Above Signature gnatore of No ry Puhlie OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: _........... Document Date: _ _ dumber of Pages: _ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signers) Signer's Name: Signer's Name: 0 Individual 1-7 Individual Corporate Officer—Title(s): _ `J Corporate Officer—Title(s): C i Partner— ) Limited 1,71General l i Partner—❑ Limited 1 General L Attorney in Fact ❑Attorney in Fact livalogo Trustee Top of thumb here Trustee Top of,humb here Guardian or Conservator ❑ Guardian or Conservator Other: ❑Other: Signor Is Representing: Signer Is Representing: 02007 National Notary Association-9350 Do Soto Ave.,P.O.Box 2402-Chatsworth,CA 91373-2402-www,NationaiNotary.org €lam 45907 Reorder:Call Tall-Free 1-800-875-5827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Qrange On 3-08-11 before me, Lexie Sherwood,..Notary Public Date Here Insert Name and Title of the Officer personally appeared Charles L. Flake _ Narne(s)of Signer(s) who 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 LEXIE SHERWOOD person(s), or the entity upon behalf of which the person(s) ca ; CON11W)11858389 E acted, executed the instrument. NOTARY PUBLIC e CALIFORNIA 0 ORANGE COUNTY �* I certify under PENALTY OF PERJURY under the laws of Comni.Exp.JULY 27,2013 the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature e-,-4L Place Notary Seat Above Signature of ary lic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above- Capacity(les)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited❑General ❑ Partner------❑Limited❑General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee ' ❑ 'trustee ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator 7Topof mb ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association*9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Cafi Toll-Free 1-806.876-6827 GREAT AMERICAN INSURANCE COMPANYO Administrative Office: 580 WALNUT STREET* CINCINNATI,OHIO 45202* 513-369-5000* FAX 513-723-2740 The number of persons autltorized by this power of attorney is not more than FOUR No. 014406 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate,constitute and appoint the person or persons named below,each individually if more than one is named, its true and lawful attorney-in-fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power DAVID L.CULBERTSON ALL OF ALL CHARLES L.FLAKE ANAHEIM, $75,000,000.00 RICHARD A.COON CALIFORNIA LEXIS SHERWOOD This Power of Attorney revokes all previous powers issued in behalf of the attorney(sf in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 25 day of, MAY, 2010. Attest GREAT AMERICAN INSURANCE COMPANY A.ti.trslhirl 5'rrrrelirrr l3ivrvar�al Serrrnt l 'c Prr sulnl STATE OF OHIO,COUNTY OF HAMILTON-ss: DAMC tcrrCHTN(513-412-4602) On this 25TH day of MAY,2014, before me personally appeared DAVID C.KITCHIN,tome known,being duly swam,deposes and says that he resides in Cincinnati, Ohio,that he is a Divisional.Senior Vice President of the Bond Division of Great American Insurance Company,the Company described in and which executed the above instrument;that he knows the seal of the said Company;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he Signed his name thereto by like authority. A KAREN L.GROSHEN + NOTARY PUBLIC,STATE OE OWO „1MY COMMISSION EXPIRES 02-20-11 'This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9,2008 RESOLVED: 777at the Divisional President; the several Divisional Senior mice Presidents, Divisional Vice Presidents and Divisional Assistant Vice .Presidents, or any one of them, be and hereby is authorized,from time to time, to appoint one or more Attorneys-in-Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, ot-other written obligations in the nature thereof, to prescribe their respective duties and the respective limits of their authority;and to revoke any such appointment at any time. PESOLVED FURI17ER: That the Company seal aiad the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship, or other written obligation in the nature thereof;such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION 1,STEPHEN C. BERAHA,Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of'June 9,2008 have not been revoked and are now in full force and effect. Signed and sealed this 8TH day of MARCH 2011 / R f 44 54ss'sluu7 SrEvctonv S1029Y(I OIC8)