CC - Item 5H - Release of Bond Whitmore StO E M F
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a,`
/ ORPORATED ~q
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: OLIVER CHI, CITY MANAGER
DATE: MARCH 25, 2008
SUBJECT: RELEASE OF BOND -TRACT MAP 62269
7931 - 7945 WHITMORE STREET
SUMMARY
A Faithful Performance Bond of $55,000 and a Labor and Material Bond of $27,500
were required to guarantee construction of street, storm drain and sewer improvements
for Tract Map 62269.
Staff Recommendation
Staff recommends that the City Council accept the public improvements and release the
Bonds.
ANALYSIS
In accordance with the Conditions of Approval for Tentative Tract Map No. 62269
approved by the Rosemead Planning Commission on July 18, 2005, the subdivider is
required to construct street, storm drain and sewer improvements subsequent to
recordation of the tract map. On April 12, 2006, the subdivider executed an
Undertaking Agreement (Attachment A) to guarantee completion of the public
improvements within two years. A Faithful Performance Bond of $55,000 and a Labor
and Material Bond of $27,500 were also provided to the City. On April 19, 2006, the
City Council approved the Undertaking Agreement and Bonds. The City Engineer has
inspected the improvements and found them to be satisfactory.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
APPROVED FOR CITY COUNCIL AGENDA: 6
• O
City Council Meeting
March 25, 2008
Pace 2 of 2
Prepared by:
seph Y. a P.E.
City Engineer
nt City Manager
Attachment A: Undertaking Agreement & Bonds
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CITY OF ROSEMEAD
UNDERTAKING AGREEMENT
THIS AGREEMENT made and entered this 17- day of A p,- j 2006, by and
between the CITY OF ROSEMEAD, State of California, acting by and through its City
Council, hereinafter referred to as "CITY" and
SUNNY CONSTRUCTION & DEVELOPMENT CORPORATION
(NAME)
68 GENOA STREET, ARCADIA, CA,91006
(ADDRESS)
hereinafter called the "CONTRACTOR."
WITNESSETH:
FIRST: The CONTRACTOR, for and in consideration of the approval of the final
map of that certain land division known as Tract Map 62269 hereby agrees, at the
CONTRACTOR'S own cost and expense to furnish all labor, materials, and equipment
necessary to perform and complete, and within twenty-four (24) months from the date of
filing of said map, to perform and complete in a good and timely manner, the following work,
to wit:
Street, storm drain and sewer improvements
Said work shall be done to the satisfaction of the City Engineer and shall not be
deemed complete until approved and accepted as completed by the City Council of the
CITY. The estimated cost to do all work and furnish all materials necessary to complete the
work is $55,000.
SECOND: The CITY shall not nor shall any officer or employee thereof, be liable or
responsible for any accident, loss, or damage happening or occurring to the work specified
in this agreement prior to the completion and approval of same; nor shall the CITY, nor any
officer or employee thereof, be liable for any persons or property injured by reason of the
nature of said work, or by reason of the acts or omissions of the CONTRACTOR, his
agents, or employees, in performances of said work. All of said liabilities shall be assumed
by the CONTRACTOR. The CONTRACTOR further agrees to protect and hold harmless
the CITY, its officers, and employees, in performance of said work. All of said liabilities shall
be assumed by the CONTRACTOR.
The CONTRACTOR further agrees to protect and hold harmless the CITY, its
officers, and employees, from any and all claims, demands, causes of action, liability, or
loss of any sort because of, or arising out of, the acts or omissions of the CONTRACTOR,
his agents, and employees, in the performance of this agreement, or arising out of the use
of any patent or patented article, in the performance of said agreement.
THIRD: The CONTRACTOR hereby grants to the CITY, the Surety upon any Bond,
and to the agents, employees, and CONTRACTOR or either of them, the irrevocable
permission to enter upon the lands of the subject land division for the purpose of completing
the work. This permission shall terminate in the event that the CONTRACTOR or the Surety
has completed the work within the time specified or any extension thereof granted by the
City Council.
FOURTH: It is further agreed that the CONTRACTOR shall have the control of the
ground reserved for the installation of said work, and the streets in which they. are to be
placed, as is necessary to allow him to carry out this agreement.
FIFTH: It is further agreed that the CONTRACTOR has filed with the CITY a Surety
Bond in an amount equal to at least one hundred percent of the estimated cost of this work
for the Faithful Performance of this agreement; and a separate Surety Bond in an amount
0 0
equal to at least fifty percent of the estimated cost of this work for the payment of all
persons performing labor and furnishing materials in connection with this agreement. If the
Sureties on said Bonds, in the opinion of the CITY, become insufficient, CONTRACTOR
agrees to renew said bonds with good and sufficient Sureties within ten (10) days of the
receiving notice that said Sureties, are insufficient.
SIXTH: If the CONTRACTOR neglects, refuses, or fails to prosecute the work with
such diligence as to ensure its completion within the time specified, or within such
extensions of said time as have been granted by the City Council, or if the CONTRACTOR
violates or neglects, refuses, or fails to perform satisfactorily any of the provisions of the
plans and specifications, he shall be in default of this agreement and notice in writing of
such default shall be served upon him and upon any Surety in connection with this contract.
The City Council shall have the power, on recommendation of the City Engineer, to
terminate all rights of the CONTRACTOR or his Surety then existing or which thereafter
occur because of such default. The determination by the City Engineer of the question as to
whether any of the terms of the contract or specifications have been violated, or have not
been performed satisfactorily, shall be conclusive upon the CONTRACTOR, his Surety, and
any and all other parties who may have any interest in the contract or any portion thereof.
The foregoing provisions of this section shall be in addition to all other rights and remedies
available to the CITY under law.
SEVENTH: In case suit is brought upon this contract, the CONTRACTOR hereby
agrees to pay to the CITY a reasonable attorney's fee to be fixed by the Court.
EIGHTH: It is further agreed by and between the parties hereto, including the Surety
or Sureties on any Bond attached to this contract, that in the event it is deemed necessary
to extend the time of completion of the work contemplated to be done under this contract,
said extension may be granted by the City Council, either at its own option, or upon request
~J
of the CONTRACTOR, and shall in-rto way affect the validity of this contract or release the
Surety of Sureties on any Bond attached hereto.
IN WITNESS THEREOF, the parties hereto for themselves, their heirs, executors,
administrators, successors, and assigns do hereby agree to the full performance of this
agreement and affix their names, titles, and seals this day as above indicated.
By -12".,.,. %l
By
(Seal)
Note:
SIGNATURES MUST BE ACKNOWLEDGED
BEFORE A NOTARY PUBLIC.
(ATTACH APPROPRIATE ACKNOWLEDGEMENTS)
By
Mayor of the City of Rosemead
Attested
City Clerk of the City of Rosemed
• . e
i
State of Californo
County of~ _ t
On l 1 'Z J~ before me, GGG J 4`y, ' r .
Cane NamaaTm/ado( OffffLce~la y..'Jane Coe. Noun eVWK1
personally appeared S4 9a` rr v(
Name(s) W Sgnegz)
• yVrOlm t. Vir, DS
Comm. # 1432246 rrr^,
orange county
' My Comm.@pllef August 23.2007
U personally known to me
droved 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 person(s), or
the entity upon behalf of which the person(s)
acted executed the instrument.
my hand and official
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:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
~J
Signer's Name::
Individual
Corporate Officer - Title(s): _
Partner - ❑Limited ❑ General
Attorney-in-Fact
Trustee
Guardian or Conservator
Other:
Signer Is
Number of Pages."
Top 01 thumb here
0 1999 Natimwl Nola,, Aeem..Wn9350 Oe SOtc A., Re. Bra 2x02-CNalawnM, CA 913132a02-wvre.na9onalnomrv.om Pna No. 5907 Reorder, CaY Toll-Rea 1-8W-u5-8829
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BOND NO. 7314865
PREMIUM: $1,650.00/ 2 YEARS
CITY OF ROSEMEAD
BOND FOR FAITHFUL PERFORMANCE
(Subdivisions)
WHEREAS, the City Council of the City of Rosemead, State of'California, and
INDEMNITY COMPANY OF CALIFORNIA
(hereinafter designated as "PRINCIPAL") have entered into an undertaking agreement
whereby PRINCIPAL agrees to install and complete certain designated improvements, -
which said agreement, dated APRIL 14 , 2006, and identified as Tract
Map 62269, is hereby referred to and made a part hereof; and
WHEREAS, said PRINCIPAL is required under the terms of said agreement to
furnish a bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the PRINCIPAL and the undersigned as surety, are held
and firmly bound unto the City of Rosemead, hereinafter called ("CITY"), in the penal sum of
Fifty-five Thousand Dollars ($55,000.00) lawful money of the United States, for the payment
of which sum well and truly to be made, we bind ourselves, our heirs, successors,
executors, and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bonded PRINCIPAL his or its
heirs, executors, administrators, successors, or assigns, shall in all things stand to and
abide by, and well and truly keep and perform the covenants, conditions, and provisions in
the said agreement and any alteration thereof made as there provided, on his or their part,
to be kept and performed at the time and in the manner therein specified, and in all respects
according to their true intent and meaning, and shall indemnify and save harmless CITY, its
officers, agents, and employees, as therein stipulated, then this obligation shall become null
and void; otherwise, it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified
therefor, there shall be included costs and reasonable attorney's fees, incurred by CITY in
• e
successfully enforcing such obligation, all to be taxed as costs and included in any judgment
rendered.
The surety hereby stipulates and agrees that no change, extension of time,
alteration, or addition to the terms of the agreement or to the work to be performed
thereunder or the specifications accompanying the same shall in anyway affect its
obligations on. this bond, and it does hereby waive notice of any such change, extension of
time, alteration, or addition to the terms of the agreement or to the work or to the
specifications. The surety hereby waives the requirements of Section 2845 of the Civil
Code as a condition precedent to any of the remedies the City of Rosemead may have.
IN WITNESS WHEREOF, this
instrument
has
been duly executed by the
PRINCIPAL and surety above-named, on
APRIL
14,
2006.
Principal
Principal
ALL SIGNATURES MUST BE
WITNESSED BY NOTARY
Surety I
WILLIAM CHRIS BAILEY,
INDEMNITY COMPANY OF
1ATTORNEY-IN-FACT
CALIFORNIA
0
State of Califor is
County of aj "2
On
personally appeared
t.
YVONNE DS
n11=r~
43224
ni
Cemm. # 13?246 (n
NOiA9 POEM CALIFORNIA
C
lanpe Cun C090ty
My Comm. Erplres AUpuil td,f001 ~
I ss.
L-1
_,Upersonally known to me -
-Q~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 person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
my hand
Though the information below is not required by law, it may prove valuable to persons relying on the document and coutd pre vent
heuoulent removal and reattachment of this form to another document.
Description of Attached Cocupr-ae
!L
Ttle or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capaclty(ies) Claimed by Signer
Signer's Name: %
❑ Individual '
❑ Corporate Officer -Ttle(s):_
❑ Partner - ❑ Limited ❑ General
❑ Attomey-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is
to 1999National NotaryAssociation~9350be Solo Ale- P0Box 2402-Chatsworth. CA 91813-2402-wv-nalonalnmeryorg Prod No, 5?07
of Pages:
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Reorder Call TolbFree 1 000-8]6602]
L`Al 5VnV2M1A ®LL.PU• SE ACKNOWLEDGMENT O
Srateo`: -----CALIFORNIA
County of LOS ANGELES
On 4/14/2006 beforeme, WILLIAM F. PERSONS, NOTARY PUBLIC
Date Name ane 7ta of O6icer fe.g.. -Jane Oce. Nc a,, Putxic l
personally appeared WILLIAM CHRIS BAILEY -
Namew of $i9nar(s)
X7 personally known to me
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 caoacity(ies),
and that by his/her/their signature(s) on the instrument the
WILLIAM F PERSONS person(s), or the entity upon behalf of which the person(s)
COMFv1 #7358134 p acted, executed the instrument.
fyy ,NOTARY PU6LIC CAUfORNIAN
LosANOeLescouNTr WITNESS my ha d and pffi la seal.
M Ccrml E~Ira I.hy 25 2CV)6 ~ _
( 5 ne at Ncury Puolic
OPTIONAL
Though the information below is not required by law. it mat, prove valuacle to cerscns ,-eiying on the document and could prevent
fraudulent removal and reattachment or this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
SUBDIVISION PERFORMANCE BOND # 7314865
4/14/2006
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
rustee
.n
Guardian or Conservator
Other: I Too ai :humh here
Ell Individual
- Corporate Officer
Title(s):
- Partner Limited I- General
XX Attorney-in-Fact
- T
Signer Is Representing:
Number of Paces:
Signer's Name:
Individual
Corporate Officer
Title(s):
Partner- Limited Genera
- Attorney-in-Faci
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
Too ci thumc here
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a 1996 Nanonal Nc.ary Assoeation • 736 Remmet Ave.. P.O. Box 7164 • Ca a Pack CA 91309-7184 Pm , No. 5907 weomer. Cae :d~-tee 1-evuo,ocou
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POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PC BOX 19725. IRVINE, CA 42623 (949) 263-3300
KNOW ALL MEN 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:
***William Chris Bailey, William Ford Persons, jointly or severally***
as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings
and contracts of suretyship giving and granting unto said Attomey(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 a
all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. _
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1, 2000:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to
execute Powers of Attorney, qualifying the attomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts
of suretyship; and that the Secretary or any Assistant Secretary 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 many such Power of Attorney or to any certificate relating thereto by
facsimile, and any such Power of Attorney or certificate bearing such facsimile signatu vs shall be valid and binding upon the corporation when so affixed and in
the future with respect to any bond, undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused
these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 1 st day of February, 2005.
By: ,•,,.~S;~aANO %bp'`•. PAN V O.c
David H. Rhodes, Executive Vice-President ,e•JE r•• PO R % F'•., OPPORq n
y ; 4,11 •1 f~` ;,+yZ ti 4 r(t` 9l
m: OCT. OCT.6 o
10 en? W 1967 a
By, o~;. 1936
Walter A. Crowell, Secretary UFOP
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
On Febmmy 1, 2005, before me, Nita G. Hiff neyer, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved
to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the
same in their authorised capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
NRA O. HIFFMEYER
COMM. i 1543481
f
Signature
HOfAIiY PI18UC CALJFOf9EA
OHANCIE COUHT'f 11kSSG
WY mnm. exl*n Jan. 10, 2008
CERTIFICATE
. The undersigned, as Executive Vice-President, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF
CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of
the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, the L 4 t taay of APRIL 2006
David L. Kentgan, Executive Vice-President
ID-1360 (Rev. 2x05)
0 0
BOND NO. 7314865
CITY OFROSEMEAD PREMIUM PAID ON PERFORMANCE BONE
BOND FOR LABOR AND MATERIALS
(Subdivisions)
WHEREAS, the City Council of the City of Rosemead, State of California, and
INDEMNITY COMPANY OF CALIFORNIA
(hereinafter designated as "PRINCIPAL") have entered into an undertaking agreement
whereby PRINCIPAL agrees to install and complete certain designated, improvements,
which said agreement, dated APRIL 14 2006, and identified as Tract
Map 62269, is hereby referred to and made a part hereof; and
WHEREAS, under the terms of said agreement, PRINCIPAL is required before
entering upon the performance of the work, to file a good and sufficient payment bond with
the City of Rosemead to secure the claims to which reference is made in Title 15
(commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of
California.
NOW, THEREFORE, said PRINCIPAL and the undersigned as surety, are held
firmly bound unto the City of Rosemead and all contractors, subcontractors, laborers,
materialmen and other persons employed in the performance of the aforesaid agreement
and referred to in the aforesaid Civil Code in the sum of Twenty-seven Thousand Five
Hundred Dollars ($27,500.00), for materials furnished or labor thereon of any kind, or for
amounts due under the Unemployment Insurance Act with respect to such work or labor,
that said surety will pay the same in an amount not exceeding the amount hereinabove set
forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount
thereof, costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by City in successfully enforcing such obligation, to be awarded and fixed by the
court, and to be taxed as costs and to be included in the judgement therein rendered.
O O
It is hereby expressly stipulated and agreed that this bond shall insure to the benefit
of any and all persons, companies and corporations entitled to file claims under Title 15
(commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a
right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall
become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of said agreement or the specifications accompanying the
same shall in any manner affect its obligations on this bond, it does hereby waive notice of
any such change, extension, alteration or addition, and hereby waives the requirements of
Section 2845 of the Civil Code as a condition precedent to any remedies the City of
Rosemead may have.
IN WITNESS WHEREOF, this instrument has been duly executed by the
PRINCIPAL and surety above-named, on APRIL 14, ,
2006.
ALL SIGNATURES MUST BE
WITNESSED BY NOTARY
Princi al
Principal
WILLIAM CHRIS BAILEY, ATTORNEY-IN-FACT
INDEMNITY COMPANY OF CALIFORNIA
•
1•???-HIYGWe5i T1
State of Californl f l
ss.
County of t~
On / X~ - 4' T' before mQ,
Dale ,1 r
personally appeared
YVONNE I RICHARDS
. CAUFO IA
'p Comm . # 143224'6
NOIAZY
ILIC Omnge County
P -'J',.•° My Comm. EcDires:ugust? , 2001 S
C~
r] personally known to me
S],proved to me on the
evidence
Public')
basis of satisfactory '
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/iheir
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted"lexecuted the instrument.
my hand
Thouoh the inlema6on 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 o4 Attached
Title or Type of Document
Document Date:
Signer(s) Other Than Named Above:
Number of Pages:
Capacity(ies) Claimed by/Siner
Signer's Name:'
i
❑ Individual -
❑ Corporate Officer-Title(s):
❑ Partner Limited ❑ General
❑ Arorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is
Top of thumb here
0 1999 National Molar, ASeoeNtion - 9350 CA Soto Ale., 9.0 . Box 2ao2-Chatsworth, CA 91313 ZA02 • www.nationaomo, or, brad, No. 5907 Reorder. Call TollFree 1-800-8766B27
. • o
IA ALL-PURPOSE ACKNOWLEDGMENT
Cta CALTFORNI A
ie of -
County of LOS ANGELES
On 4/14/2006
Date
personally appeared WILLIA
beforeme, WILLIAM F. PERSONS, NOTARY PUBLIC
Nerve and Tine of Officer (e.g„'Jane Doe. Norery Public")
CHRIS BAILEY
Name(s) of Signers)
personally known to me
proved to me on the basis of satisfactory evidence
Ektic-~ AM F pEggOpys
EQ: M 01358(34
UOLIC CALIFORNfA!
GELES COUNTY
Egra. kbY 25 2W6
to be the p erson(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/sheithey
executed the same in his/her/their authorized capaciry(ies),
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.
WITNESS my hapd a{Id official eal.
/
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i
\
Slgnaaue a Ncary Pvcao
OPTIONAL
-77cugn the information below is not required by law_ it -,,ay prove valuable to oersons relying on the document and could prevent
rTaudulent removal and reattachment or this form to another document -
Description of Attached Document
Title or Type of Document: SUBDIVISION LABOR & MATERIALS BOND # 731486S
Document Date:
4/14/2006
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by-Signer(s)
Signer's Name:
_ Guardian or Conservator
_ Other: Too ar mumo Here
r Individual
71 Corporate Officer
Title(s):
i_ Partner - Limited General
Attorney-in-Fact
Trustee
Signer Is Representing:
Sinner's Name:
Number of Pages:
_ Individual
Corporate Officer
idle(s):
_ Partner - Limited General
Attorney-in-Fact
Trustee
_ Guardian or Conservator
Other Too of thumb here
Signer Is Representing
C 1996 National Notary Association - 8226 hemmer Ave., P.O. Box 7184 -Canoga Park CA 9190&7184 Prat. No. EK7 aecmer. Cali 7a-Frog 1x00 76-6827
0 .O
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA.
PO BOX 19725, IRbTNE, CA 92623 (949) 263-33.00
KNOW ALL MEN 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:
***William Chris Bailey, William Ford Persons, jointly or severally***
as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings
and contracts of suretyship 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 .
all of the acts of said Attomey(s)-in-Fact, pursuant in these presents, are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1, 2000:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to
execute Powers of Attomey, qualifying the attomey(s) named in the Powers of Attomey to execute, on behalf of the corporations, bonds, undertakings and contracts
of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such
Power of Attomey, -
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to my certificate relating thereto by
facsimile, and any such Power of Attomey or certificate bearing such facsimile signaturds shall be valid and binding upon the corporation when so affixed and in
the future with respect to any bond, undertaking or contract of suretyship to which it is attached. '
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused
these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 1 st day of February, 2005.
By. .•`S~~AND Oyf,PANYO~
Z:; Pp OPPORq C
David H. Rhodes, Executive Vice-President
y i VOa ~Tt'%yy = ti 2G TF 9~
a"~ OCT. OCT.6 ° T
e¢;
10 in? W 1967 a
By. 0 1936
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Walter A. Crowell, Secretary
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
On February 1, 2005, before me, Nita G. Hiff neyer, personally appeared David H. Rhodes and Walter A Crowell, personally known to me (or proved
to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the
same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the instrument
WITNESS my hand and official seal.
NITA HIFFMEYER
C...~ i. rS; NOfARICNh~M~
3 OHANOE COUNTY ii55 COM'k
;.40
Signature
Mlyooaan.tar E Jan.10, POW
CERTIFICATE
The undersigned, as Executive Vice-President, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF
CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore,. that the provisions of
the resolutions of the respective Boards of Directors of said corporations ad forth in the Power of Attorney, are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, thel 4 t h day of APRIL 2006
By
David L. Kerrigan, Executive Vice-President
ID-1390 (Rev. 7/05)