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Home My WebLink AboutB-K Cox; 1986-05-13;II- --------I _.. a cwtBond E b..LL!ED @dual Insurance Company 70 1 Fifth A venue P 0 Box 974 Des Moines. Iowa 50304-0974 + In Bond No. Bd 32484 KNOW ALL MEN BY THESE PRESENTS: That we, B-K Cox , InC . San Diego, California City of Carlsbad Carlsbad, California (hereinafter called the Principal), as Principal, and ALLIED MUTUAL INSURANCE COMPANY, an Iowa Corporation, (her Surety), as Surety, are held and firmly bound unto *. (hereinafier called the Obligee), in the sum of One Hundred Eighty One Thousand TWO Hundred Thirty Six ___________-____--__-------------------------------_---------------------------------- Dollars ($18 1,236 .95 administrators, successors and assigns, jointly and severally, firmly by these presents. Whereas, the Principal and the Obligee have entered into a certain contract (hereinafter called the contract), dated the 3Ot1 of June , 19 86 , for the performance of the folloi work, to-wit: supply aLd install office furniture for safety and service center per purchasc ), for the payment whereof to the Obligee, the principal and Surety bind themselves, their ht No. 25844. a copy of which contract is or may be attached hereto, and is hereby referred to. Now, Therefore, the condition of this obligation is such that if the Principal shall faithfully perform the work contracted to be pi said ccntract and shall pay or cause to be paid in full any loss directly arising by reason of failure of principal to faithfull. work. then this obligation shall be void, otherwise to remain in full force and effect. Prowdsd, However, the right of recovery shall be upon the following expressed conditions, the performance of each of w condltior: precedent: First: That in the event of any default on the part of the Principal, written notice thereof shall be delivered to the Surety possible and in any event within ten (10) days after the Obligee shall become aware of such default, and upon the Obli! aware of such default no payments shall be made under the said contract without the written consent of the Surety. If the abandon said contract, or be compelled by the Obligee to cease operations thereunder, the Surety shall have the option to pro! others to proceed with the performance of such contract, and all reserves, deferred payments, and other moneys provided t to be paid to the Principal, shall be paid to the Surety, at the same times and under the same conditions as by the terms such moneys would have been paid to the Principal had the contract been performed by the Principal, and the Surety shall be in preference to any assignee of the Principal, or any adverse claimant; but if the Obligee shall complete or relet the said contrz deferred payments, or other moneys remaining after payment for such completion shall be paid to the Surety or applied as direct toward the settlement of any obligation ar liability incurred hereunder. Second: That the Obligee shall faithfully perform all of the terms, covenants and conditions of said contract on the part of t tracted to be performed: and shall also retain that proportion which said contract specifies the Obligee shall or may retain all work performed or materials furnished in the prosecution of said contract (not less, however, in any event, than ten per value), until the complete performance by the Principal of all the terms, covenants and conditions of said contract on the to be performed, unless the Surety shall consent, in writing, to the payment of said final payment, reserves, or deferred the plans and specifications mentioned in said contract are not in any respect defective, and are and at all times will bt for the complete performance of said contract, and that no change shall be made in such plans and specifications whic the amount to be paid the Principal more than ten per centum of the penalty of this instrument, without the written conser that the obligation of the Surety is, and shall be construed strictly as, one of suretyship only; that this instrument shall be Principal before delivery, and shall not, nor shall any interest therein or right of action thereon, be assigned without the I writing, of the Surety. Bd 61 (9-83) 00 Third: That the Surety shall not be liable for m! y damages resulting from strikes or labor dl w dties, or from mobs, riots, civil public enemy, fire, the elements, shifting of elements, acts of God, or defect or fault in the plans or specifications referred to in s or for repair, or reconstruction of any work or materials damaged or destroyed by an of said causes; nor for damages arising o to persons or property or for the death of any person or persons, or under or by virtue of any statutory provision for damages or CI for injury to or the death of any employee: nor for the infringement or validity of any patent; nor for the efficiency or wearing any work done or materials furnished or the maintenance thereof or repairs thereto: nor for the furnishing of any bond or ob1 than this instrument; nor for damages caused by delay in completing the work, except such damages provided for in said co have actually been sustained and proved, and in such event, liability hereunder for such damages shall not exceed ten per cz penalty of this bond. Fourth: If there be more than one Obligee named in this bond, then it is understood that the rights of the Obligees or any of this bond are conditioned upon the faithful performance by or on behalf of the owner of all of the condtions of the contract g: performed at the time and in the manner therein set forth. Fifth: That no action, suit or proceeding shall be had or maintained against the Surety under this bond unless it shall be brought and process sewed upon the Surety within six (6) months after the Principal shall have ceased performing the work specified in and in no event after six (6) months subsequent to the date, time or period fixed in the contract for the completion of the w( therein and unless the principal shall be made a party to any such suit or action, and be served with process commencing the Principal can with reasonable diligence be found. Signed, sealed and dated this 30th day of June , 19 86 . B - R Cox. Inc. Principal Countersigned By: --- Attorney-inzFaci Keith E. Clements, Bd 61 (9-83) 00 %rd: That the Surety shall not be liable fot a(1y damages resulting from strikes or labor dii..,dties, or from mobs, riots, civ Jblic enemy, fire, the elements, shifting of elements, acts of God, or defect or fault in the plans or specifications referred to in . for repair, or reconstruction of any.work or materials damaged or destroyed by an of said causes; nor for damages arising ( ' persons or property or for the death of any person or persons, or under or by virtue of any statutory provision for damages or ( tr injury to OF the death of any employee; nor for the infringement or validity of any patent; nor for the efficiency or wearin iy work done or materials furnished or the maintenance thereof or repairs thereto; nor for the furnishing of any bond or ob Ian this instrument; nor for damages caused by delay in completing the work, except such damages provided for in said CI ave actually been sustained and proved, and in such event, liability hereunder for such damages shall not exceed ten per c malty of this bond. ourth: If there be more than one Obligee named in this bond, then it is understood that the rights of the Obligees or any o tis bond are conditioned upon the faithful performance by or on behalf of the owner of all of the condtions of the contract erformed at the time and in the manner therein set forth. ifth: That no action, suit or proceeding shall be had or maintained against the Surety under this bond unless it shall be brough nd process served upon the Surety within six (6) months after the Principal shall have ceased performing the work specified ir nd in no event after six (6) months subsequent to the date, time or period fixed in the contract for the completion of the v, ierein and unless the principal shall be made a party to any such suit or action, and be served with process commencinc le Principal can with reasonable diligence be found. .-< ,igned, sealed and dated this 30th day of June , 19 86 . B-E; Cox, Inc. - Principal :ountersigned ly: --. 36 61 (9-83) 00 0 1. 0 STATE OF CALIFORNIA 4' CERTIFICATES OF ACKNOWLEDGEMENT c CERTIFICATE OF ACKNOWLEDGEMENT STATE OF CALIFORNIA ) County of 1 INDIVIDUALS On this day of in the year ~, before me a notary public, personally appeared personally known to me, or proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is subscribed to this instrument, and acknowledged that he, she, or they executed it. Witness my hand and official seal on the day and year above written. ss. (SEAL) NOTARY P CERTIFICATE OF ACKNOWLEDGEMENT STATE OF CALIFORNIA ) County of 1 PARTNERSHIP On this day of in the year -, before me a notary public, personally appeared personally known to me, or proved to me on the basis of satisfactory evidence, to be the person that executed this ir ment, on behalf of the partnership and acknowledged to me that the partnership executed it. Witness my hand and official seal on the day and year above written. ss. (SEAL) NOTARY P CERTIFICATE OF ACKNOWLEDGEMENT CORPORATION STATE OF CALIFORNIA ) ss . County of ) On this ____ day of , a notary p personally appeared personally known to me, or proved to me on the basis of satisfactory evidence, to be the person who executed the i instrument 0 president, 0 secretary, or on behalf of the corporation therein named and acknowledged to me that the c ration executed it. Witness my hand and official seal on the day and year above written. in the year -, before me (SEAL) NOTARY P CERTIFICATE OF ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ss. County of Sa n Diego ) ATTORNEY-IN-FACT FOR SURETY Linda J. Tarr a notary p On this 30th day of June in the year ~, before me , personally appeared personally known to me, or proved to me on the basis of satisfactory evidence, to be the person whose name is subsc to this instrument as the attorney in fact of ALLIED Mutual insurance Company, and acknowledged to me that st she, subscribed the name of B-K cox' Inc. th as principal, and [xwlis, 0 her, own name as attorney in fact. Witness my hand and official seal on the day and year above written. 1986 Keith E - C1ements ,,' ) ?'/ (. ,/ /- '1 /. &/ NOTARY F /" / ,' w- PiiiNClPAL OFFICE IN L Bd 294 (5-83 SAN DlEGO COUNTY My Commission Expires April 4, 1988 E m I q 3 ,m,m,~m IP m 6 I 111 I c qp Poef Attorney e t . ALLiFc Mutual Insurance Company 701 Fifth Avenue Des Moines, Iowa 50304-0974 fi KNOW ALL MEN BY THESE PRESENTS That ALLIED Mutual Insurance Company, a corporation organized under of the State of Iowa, with its principal office in the City of Des Moines, Iowa, hereinafter called “Company”, does here constitute and appoint each in his individual capacity, its true and lawful Attorney-In-Fact with full power and authority to sign, seal, an( in its behalf any and all bonds and undertakings and other obligatory instruments of similar nature (except bonds gua the payment of principal and interest of notes, mortgage bonds and mortgages) in penalties not exceeding thc -- Keith E. Clements, San Diego, California ---- UNLIMITED IN AMOUNT------------------------------------------------------------- ($ UNLIMI’I and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly E officers of the Company; and all acts of said Attorney pursuant to the authority hereby given are hereby ratified and coi This Power of Attorney is made and executed pursuant to and by authority of the following By-Laws duly adopt1 Board of Directors of the Company. “Section 2. Bonds. undertakings. and other obligatory instruments of similar nature, other than policies and endorsements, iss Corporation shall be validly executed and binding on the Corporation when signed by the President, or a Vice President, or by Attc Fact appointed by the President, or by a Vice President.” “Section 3. The President, or a Vice President, shall have the power to appoint agents of the Corporation, or other persons, as i In-Fact to act on behalf of the Corporation in the execution of bonds, undertakings, and other obligatory instruments of similar ni than policies and endorsements with full power to bind the Corporation by their signature and execution of any such instrument. Tt ment of such Attorney(s)-In-Fact shall be accomplished by Powers of Attorney signed by the President, or the Vice President. This Power of Attorney is signed and sealed by facsimile under and by the following By-Laws duly adopted by 1 of Directors of the Company. “Section 4. The Secretary, or an Assistant Secretary, is authorized to certify that any such Power of Attorney so signed shal executed and binding on the Corporation: and to certify that any bond, undertaking, or obligatory instrument of similar nature, other th and endorsements, to which this Power of Attorney is attached is and shall continue to be a valid and binding obligation of the C according to its terms, when executed by Attorney(s)-In-Fact appointed by the President or a Vice President.” “Section 5. It shall not be necessary to the valid execution and binding effect on the Corporation of any bond, undertaking, oi instrument of similar nature, other than policies and endorsements, signed on behalf of the Corporation by the President, or a Vice or Attorney(s)-In-Fact appointed by the President, or a Vice President, or any Power of Attorney executed on behalf of the Corporatic ing Attorney(s)-In-Fact to act for the Corporation, or of any certificate to be executed by the Secretary, or an Assistant Se hereinabove in Section 2. 3, and 4 of this Article provided, that the corporate seal be affixed to any such instrument but the person to sign such instrument may affix the corporate seal, and a facsimile corporate seal affixed to any such instrument shall be as ef binding as the original seal.” “Section 6. A facsimile signature of the President, or of a Vice President, affixed to any bond, undertaking, or obligatory in: similzr nature, other than policies and endorsements, or to a Power of Attorney signed by such President, or a Vice President in Sections 2 and 3 provided, or a facsimile signature of the Secretary, or of an Assistant Secretary to any certificate as herein 4 proviasd, shell be effective and binding upon the Corporation with the same force and effect as the original signatures of a officers.” “Section 7. A facsimile signature of a former officer shall be of the same validity as that of an existing officer, when affixed to or endorsement, any bond or undertaking, any Power of Attorney or certificate. as herein in Section 1, 2, 3 and 4 provided.” IN WITNESS WHEREOF, t e Company has c sed these presents to be signed by its President and its corpora m&:.’%$+ AL IED MUTUAL INS& P’:SEALiZi ~-**$$Mo,*$2 , B~: bAh 1 $.x;,k pres, , 19 86, before me personally came John #?: STATE OF IOWA COUNTY OF POLK ss to me known, who, being by me duly sworn, did depose and say that he i Pl‘esident of ALLIED Mutual Insurance Company, the described in and which executed the above instrumen:; {hat he knows the a1 of said corporation, that the.seal affixed to said is such corporation seal: that it was so affixed pursuant to authority given by the Boara of Directors of, said corporation and t signed his name thereto pursuant to like authority, and acknowledged the same to be the act and deed of ..................................................................... ARTICLE IX - EXECUTION OF CONTRACTS ARTICLE IX - EXECUTION OF CONTRACTS be hereunto affixed this fst day of SY .4-4 E COMPANY ‘+,&- \. I -. . .- JL7. b f S. A. Denning Notary Public in and for the State of lo -e’ b On this 1st day of May id corporation. i ~ I: - , L 7 ‘I j a+;_C J i .’ i CERTIFICATE .--__Y-r3- 89 ; I, the undersigned, Secretary of ALLIED Mutual Insurance Company, a corporation organized under the laws of of Iowa, do hereby certify that the foregoing Power of Attorney is still in force, and further certify that Section 2, and, 7 of Article IX of the By-Laws of the Company set forth in said Power of Attorney are still in force. 30th IN TESTIMONY WHEREOF, I have subscribed my name and affixed the seal of the company this of June 1’9 86 #&****e?& ..%2*\ p. fi (-j k.b E$ P$iSEfi:=d *. . .. This Power of Attorney expires 4, -.fcs Mot,$2.2 Secretary May 1, 1989 4,g4+- Bd 1 (10-84) 00