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Project 140-145 - Bond - Miramontes - 1997-10-09 (2) NOBEL INSURANCE COMPANY SUITE 402 2296 HENDERSON MILL ROAD ATLANTA,GEORGIA 30345 LABOR AND MATERIAL PAYMENT BOND EXECUTED IN TRIPLICATE BOND NUMBER STDO-645427 KNOW ALL MEN BY THESE PRESENTS,That we, Miramontes Construction Co , Inc hereinafter called Principal, and NOBEL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Texas, as Surety hereinafter called Surety are held and firmly bound unto Costa Mesa Sanitary District hereinafter called Obligee, for the use and benefit of claimants as hereinbelow defined in the penal sum of ONE HUNDRED THIRTY SIX THOUSAND SEVEN HUNDRED EIGHTY FOUR Dollars ($ 136 784 00*****) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally firmly by these presents. WHEREAS,Principal has by written agreement dated October 9 19 97 entered into a contract with Obligee for Project Nos. 1112100-140 & 1112100-145 Reconstructing Various Sewer Lines in accordance with drawings and specifications prepared by NOW THEREFORE,THE CONDITION OF THIS OBLIGATION is such, that if the Principal shall promptly make payment to all claimants as hereinafter defined for all labor and material used or delivered to jobsite for use in the performance of the Contract, then this obligation shall be void, otherwise it shall remain in full force and effect, subject,however,to the following conditions: (1) A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material, or both, used or delivered to jobsite for use in the performance of the Contract;labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. The Obligee is not a claimant as defined under the terms of this Labor and Material Payment Bond. (2) The above named Principal and Surety hereby jointly and severally agree with the Obligee that every claimant as herein defined who has not been paid in full before the expiration of a period of ninety (90) days atter the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judguient for such sum or sums as may be justly due claimant, and have execution thereon. (3) No suit or action shall be commenced hereunder by any claimant: (a) Unless claimant,other than one having a direct contract with the Principal, shall have given written notice to any two of the following; the Principal, the Obligee, or Surety named above within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, addressed to the Principal, Obligee or Surety at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located save that such service need not be made by a public officer (b) After the expiration of one (1) year from the furnishing of the last materials or the performance of last labor. (4) The amount of this bond shall be reduced by and to the extent of any payment or payments made by the Surety in good faith hereunder, to any parties defined as claimant under the terms of said labor and material payment bond. (5) This bond is conditioned upon the Obligee complying fully with the terms,covenants and conditions of the aforementioned Contract by and between the Principal and Obligee. Signed and Sealed this 4th day of November 19 97 in the presence ot: Miramontes Construction Co Inc Principal BY (Seal) Tit] Vice Pres, en+ NOBEL It URANCE COMPANY BY ' % (Seal) Attorney-In-Fact Matthew R. Dobyns CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r a...w-a a ..a a..a.-a...a_e.t,a .-w%-.a..a...:..a..a_∎t.n._c t-a.a._at_at at.a.at.at.a•-at.r.akax,at_a,a4,,cit!c..ac CA.cc C/.aYaCa-_s�t_v_3 I ' IiIe. If State of California Ip; i IF; County of Los Angeles lg ip On 11/4/97 before me, Yvette C Morales Notary Public I�ti t¢ Dale Name nd Title at Officer leg Ja Doe.Notary Public') 1€ personally appeared Miriam Miramontes ti Name(s)of Sign r(s) I I Iti L personally known to me–OR–❑proved to me on the basis of satisfactory evidence to be the person(s) Is whose name(s) is/are subscribed to the within instrument w and acknowledged to me that heishe/they executed the t _ same in his/her/their authorized capacity(ies),and that by 4 t YVETTE C. MORALES his/her/their si nature s on the instrument the person(s),s i.Y rya COMM.it # 1113680 n or the entity upon behalf of which the person(s) acted, if li o '�:, p NOTARY PUBLIC CALIFORNIA ti executed the instrument. LOS ANGELES COUNTY rr NMY COMM. EXPiRCS C)CT. 17, �nJrl P �rr , r .-+ T rr« 1 WITNESS my hand and official seal. Ili ri I; Sgnalu of Notary Public „ t OP AL �u(�Sl1 1 Though the information below is not required by law, it may `8 1 9 q y y prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Li Description of Attached Document t Title or Type of Document: Labor and Material Payment Bond i G Document Date: 11/4/97 Number of Pages: 2 t Signer(s) Other Than Named Above: Nobel Insurance Co Li I% a, e Capacity(ies) Claimed by Signer(s) jWi lie i% Signer's Name: Miriam Miramontes Signer's Name: it L it Li Individual C Individual it Xi Corporate Officer ❑ Corporate Officer ) t Title(s): Vice President Tale(s): i Partner—1 Limited C General ❑ Partner—` Limited Li General (I L Attorney-in-Fact C Attorney-in-Fact L. Trustee ❑ Trustee Ai RIGHT THUMBPRINT RIGHT THUMBPRINT Guardian or Conservator OF _I Guardian or Conservator �I I . O r SIGNER Other Top of thumb here C Other Top or thumb here Iri I. Signer Is Representing:9 P 9: Signer Is Representing: q it 4I: Miramontes Const Co In X55 y d1 It 5 ii r;.er' y'-- _ ,y'._ -ems y .v -,+ - _ _ ,a--ale- - y.-...-e.- - •y.y, _ _ _ I ©1995 Nal,o Notary As 8236 Remmet Av PO.Bo 7184 Canoga Park.CA 91309-7184 Prod No 5907 Re rde Call Tot-Fr 1,900-6176-6827 -CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5907 seIIIlllllll!llllJ llllllll111lllllllllll111lllllllllllllllllllllllllllll� 1 k State of California g County of Orange ,1 On 11-4-97 before me, Mary Angel —Notary Public l0 0 DATE NAME,TIRE OF OFFICER E G. 'JANE DOE.NOTARY PUBLIC' ,1 personally appeared Matthew B. Dobyns s 1 Li OF SIGNER(S) ® personally known to me OR proved to me on the basis of satisfactory evidence 0 to be the person(1) whose name(s) lama x subscribed to the within instrument and ac iknowledged to me that heexecuted \ the same in his authorized fi � YANGEL capacity and that by hi \ g � COMAA. X1067533 > k „c � � stun signature(*) on the instrument the erson s puce- I. 9 66) P ( \ 0 . CaTw ootATY or the entity upon behalf of which the A°e'11 person(s) acted executed the instrument. 0 WITNESS my hand and official seal. ti \ 1 51G 01 OF NOTARY N OPTIONAL o o Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent k fraudulent reattachment of this form. 0 CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT lll{`1 1 ❑ INDIVIDUAL g ❑ CORPORATE OFFICER 0 TITLE OR TYPE OF DOCUMENT 0 1 TITLE(S) 0 k ❑ PARTNER(S) ❑ LIMITED 0 till `0 �% ATTORNEY-IN-FACT El GENERAL NUMBER OF PAGES ; 1 ❑ TRUSTEE(S) 0 k ❑ GUARDIAN/CONSERVATOR 8 k ❑ OTHER: b DATE OF DOCUMENT 0 k SIGNER IS REPRESENTING: NAME OF PERSONS)OR ENTRY(IES) k Nobel Insurance Company SIGNER(S)OTHER THAN NAMED ABOVE 0 l!!!!lllllllll111llllllllltll!l1111 111 1111 11111111111111111t111!lllll%111 01993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave. P 0 Box 7184 Canoga Park.CA 91309-7184 NOBEL INSURANCE COMPANY 645427 GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,That NOBEL INSURANCE COMPANY has made,constituted and appointed,and by these presents does make,constitute and appoint Les M. Mantle or Matthew R. Dobyns its true and lawful attorney- -fact, for it and in its lame, place, and stead to execute on behalf of the said Company, as surety. bonds, undertakings and contracts of suretyship to be given to ALL OBLIGEES provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the su if ***************Three million five hundred thousand dollars ($3,500,000)*************** Th Po ver of Atto ley ranted id ed and sealed by facsimile under and by the authority of the following Resolution adopted by tht.Board of Directors of tilt.Company on the 24th day of August, 1995 'RESOLVED,that ib Ch irman of the Board,th Vi Ch of th Board,th P ide ft,an Ex uti Vi Pre ide it Se Vi Pr dent Vi President ot th Company,be id that ch iy if th ntho ed It uie Po of Attorney qualifying tli mousey- -fact amed the gi Po of Anorne to utc behalf of th Co many,bonds ndertakmgs and all iti cis of ch ship,and that an As stain Vi he ide n, Sc etary an As sta it Se etary be nd that ch ram of Ili he eby uth ed to attest th tilt of any ch Po of Attorney,and to attach the eto the al of the Compa FURTHER RESOLVED,that th ignatu ot ch offi id th al of th Co span ay be am ed to ny ch Po of Attorney to ny eriifi ate elan rg the eto by fa ile nd any ch Po of Attorney ertifi ate beanng cli fa de ignatu r fa It al shall he alid and bi id' up the Co ream sit affi ed and th fitful- uth spect to bond, ndertakmg ntr ct of etyship to ',filch it attached. In Witn Whe of,NOBEL INSURANCE COMPANY ha ed its offi al al to be If nto affi ed, id the pr nts to be igned by of its V Pre idents nd attested by of its As slant Vi Pr ide ns th 1st da if Octobe 1995 AtRst NOBEL INSURANCE COMPANY By t,* t cS Afik SEAL 4„...1.16, ,L..) William Os ola Gordo As slant Vi Pr ide at Emil B.Aske Vi Pr dent STATE OF GEORGIA I ss 1 COUNTY OF DEKALB On this I st day of October, 1995,before me personally carne Emil B Askew,to me known,who being by me duly sworn did depose and say that he is a Vice President of NOBEL INSURANCE COMPANY the corporation described in and which executed the above nstrument; that he knows the seal of the said corporation that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. OFFICIAL SEAL e LNOTAR N CAPE NOTARY PUBLIC `D 2 , .• MY COMMISSION EXPIRES V.�lOr'''^M"'`+�' AUGUST 3,1998 Lenora N Cape NO'T'ARY PUBLIC My Commission Expires August 3. 1998 CERTIFICATE I,the undersi ned, As stant Secretary of NOBEL INSURANCE COMPANY a Texas corporation DO HEREBY CERTIFY that the forcgt ng id attached Power of Attorney remain in trill force and has not been irked;and forth that the Resolution of the Board of Directors,set forth in the said Power of Attorney,is now in force. Signed and se lied it the city of Atlanta in the State of Georgia Dated th 4th day of November 1997 d°1„ SEAL ,rt.j g Charles B.Cape,Assistant Secretary