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11-0802_AMERICAN ASPHALT_Performance BondPERFORMANCE BOND Bond No: 7624732 Premium: $4,238.00 Premium is for contract term and is subject to adjustment based on final contract price Executed in Three Counterparts KNOW ALL MEN BY THESE PRESENTS: That All American Asphalt ^ as Principal, hetcinafier called CONTRACTOR, and Fidelity and Deposit Company of Maryland as Surety, hereinafter called SURETY, are held and firmly bound unto the CrXY OF SAN JUAN CAPISTRANO, as Obligee, hereinafter called CITY, in fiie amount of Nine Hundred Ninety Seven Thousand Two Hundred Eighty Six and 00/1 OOths ($997,286.00) 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^: 1-Pavement Rehabilitation Improvement in Camino La Ronda & Paseo Rita (CiP 07105), 2- Rancho Viejo Road (CIP 11108), and 3-Alleyways in Capistrano Villas 11 and ill (CiP 07105) 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 agremient, 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, altisration, 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. Executed this 5th Irvine . d^y of _ August _, California. 2011, at All American Asphalt PRINCIPAL APPROVED AS TO FORM rARIZATlON AND S^L) i^^sfte^Tr^lUWiL^ Omar Sandoval, City Attorney Fidelity and Deposit Company of Maryland SURETY (NOTARIZATION AND SEAL) Rebecca Haas-Bates, Attorney-in-Fact PB-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On August 9. 2011 Date personally appeared _before me, Brenda L. Royster. Notary Public Here Insert name and Title of the Officer Robert Bradley Nam^«fBfSigner(^J— BRENDA L. ROYSTER t Commission # 1908379 t Notary Public - California 1 RiversiiJe County g My Comm. Expires Oct 26, 2014 k 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(4es), 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. Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my h^nd and official^^eal. Signature Signature of Notary Public OPTIONAL Though the Information below is not required by law, it may prove valuable to person 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 Performance Bond - City of San Juan Capistrano Document Date: August 5, 2011 Number of Pages: 3 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Robert Bradley Rebecca Haas-Bates. Attorney-in-Fact • Individual X Corporate Officer —Title(s): _ • Partner — • Limited • General • Attorney in Fact • Trustee • Other: Signer is Representing: All American Asphalt Vice President RIGHT THUIVIBPRtNT OF SIGNER Top of thumb here Signets Name: • individual • Corporate Officer—J-itre(s):. • Partner — • Limited • General • Attorney in Fad • Trustee/^ • Other/ RIGHT THUMBPRINT OF SIGNER • Partner — • Limited • General • Attorney in Fad • Trustee/^ • Other/ Top of thumb here Signer is Representing: Top of thumb here Top of thumb here CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Qrange } On 08/05/2011 before me, A. Wilkison, Notary Public Date '^^f® Insert Name and Trtle of the Officer personally appeared Rebecca Haas-Bates NamB(s) of Signer(s) A. WiLKiSON Commission # 1865283 Notary Pubiic - CaliforRia i Orange County 5 My Comm. Expires Sep 26, 2013 t who proved to me on the basis of satisfactory evidence to be the person(») whose name(^ is/afe subscribed to the within instrument and acknowledged to me that -tte/she/they executed the same in-his/her/thefr authorized capacityft^), and that by -bis/her/thetF signature(s)- on the instrument the person('^, or the entity upon behalf of which the person(s)-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. Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL - Signature of Notary Public 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: Performance Bond #7624732 Document Date: 08/05/2011 . Number of Pages: Two (2) Signer(s) Other Than Named Above: Ail American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name:. • Individual Rebecca Haas-Bates Corporate Officer — Titie(s): • Partner — • Limited • General [3 Attorney in Fact • Trustee C Guardian or Conservator G Other: Signer is Representing: Fidelity and Deposit Company of Maryland BiGHTTHUMBPfflNT Of SIGNER Top of thumb ftere Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: «6HTTHUM0PRtfr OFStGNER Top of thumb here •actgtatj<fiyf^^^ ©2007 National Notary Association .9360 06 Soto Ave.. P.O. Box 2402 . Ctiatswortti, CA 91313-2402.www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Mai-yland, by FRANK E. MARTIN JR., Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said CoB'^ny, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the dale hSSfcd^idMiereby nominate. intents and purposes, as if the its office in Baltimo. ADAIR, P. BAUEr\ The said Assistant Section 2, oftheBy-L constitute and appoint William SYRKIN, Rebecca HAAS-BATES, Sej BAUER, all of Glendale, California, EACH its ti deliver, for, and on its behalf as surety, and as its ncLmdf 0dW\-atnc such bonds or undertakings in pursuance offttedflresowsrshall BetifThlr ADAIR and P. execute, seal and 'ertakings, and the execution of said Company, as fully and amply, to all gularly elected officers of the Company at power of attorney revokes that issued on behalf of Richard lereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, said Company, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 27th day of June, A.D. 2011. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Eric D. Barnes Assistant Secretary Frank E. Martin Jr. Vice President ' ~. Statp of Maryland j^g. - City of-Baltiffrore J ~~^/ \ On this 27th day of June, A.D. 2011, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came FRANK E. MARTIN JR., Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn Notary Public My Commission Expires: July 14,2015 ,\r""|'/,, "•'nkl^ POA-F 012-0033D EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." I, the undersigned. Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. , . ^ . ' This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the lOlh day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company,- shall be valid and binding upon the Company with the same force and effect as though manually affixed." . - ' "~, IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate.seal of the said Coiiipany, this3!] day of August pni-l • J ' — ~ CERTIFICATE