CC - Item 4L - Release of Bonds Tract Map 60158E
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
• •kii.r
FROM: OLIVER CHI, CITY MANAGER
DATE: DECEMBER 11, 2007
SUBJECT: RELEASE OF BONDS - TRACT MAP 60158
8470 MISSION DRIVE
SUMMARY
A Faithful Performance Bond of $192,000 and a Labor and Material Bond of $96,000
were required to guarantee construction of a new drive approach, a private driveway, a
storm drain, an 8-inch sewer, an 8-inch water and monuments for Tract Map 60158.
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. 60158
approved by the Rosemead Planning Commission on May 27, 2004, the subdivider was
required to construct a new drive approach, a private driveway, a storm drain, an 8-inch
sewer, an 8-inch water and monuments subsequent to recordation of the tract map. On
February 8, 2006, the subdivider executed an Undertaking Agreement (Attachment A)
to guarantee completion of the public improvements within two years. A Faithful
Performance Bond of $192,000 and a Labor and Material Bond of $96,000 were also
provided to the City on the same day. On Tuesday, February 14, 2006, the City Council
approved Tract Map 60158 and the associated 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.
Prepared by:
ae&Wang,
City Engineer
APPROVED FOR CITY COUNCIL AGENDA: O
• •
City Council Meeting
August 28, 2007
Page 2 of 2
Submitted
Brian Sa%
Assistant
Manager
Attachment A: Undertaking Agreement & Bonds
• •
CITY OF ROSEMEAD
UNDERTAKING AGREEMENT
THIS AGREEMENT made and entered this 8th day of February, 2006, by and between the
CITY OF ROSEMEAD, State o~ California, acting by and through its City Council,
hereinafter referred to as "CITY" and
(NAME)
v P7 e 1 r-n L r !'s I i. _t . -3 G i..
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 60158 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:
Private street, storm drain facilities, sewer main and laterals, water facilities
and survey monuments.
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 $192,000.
0 0
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
• •
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
• •
of the CONTRACTOR, and shall in no 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 Rassigns do hereby agree to the full performance of this
agreement and affix their names, titles, and seals this day as above indicated.
By
(Seal)
Note:
By L
SIGNATURES MUST BE ACKNOWLEDGED
BEFORE A NOTARY PUBLIC.
(ATTACH APPROPRIATE ACKNOWLEDGEMENTS)
By
y the City of Rosemead
Attested
City Clerk of the City of Rosemed
•
CALEFORNEA ALL-PURPOSE ACKNOWLEF]GMEKT
State of California
ss.
County of
e
On before me, ~
De J / Name and Title of OBKer le.o -Jane Doe, Nraarl~' K)
personally appeared
OWADM NEVAREZ
Commission * 1434104
S Nviary Public - Capfomla_
t Lot ArVeles Cour>f1'
40fhy Comm. Exphes Aug 8.2007
Name(s) 01 Sipne(a)
❑ personally known to me
oved to me on the basis of satisfactory
evidence
to be the persortN whose nam^-XDare
subscribed to the within instrument and
acknowledged to meal gjS)e she/they executed
the same in h' her/their authorized
capacity?-,,-,1, and that by (I her/their
signature on the instrument the personK, or
the entity upon behalf of which the person'Q
acted, executed the instrument.
WITNESS my hand and off)gial aI.
&Wwure of Notary
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: li~ Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
~OrY\ ° O
'
s Name;
Signer
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❑ Individual;
Corporate Officer -Title(s):
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❑ Attorney-in-Fact
❑ Trustee
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❑ Guardian or Conservator
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Signer Is Representing: a--
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4Gag INSCO INSURANCE SERVICES, INC.
lnsc%lco Underwriting Manager for:
Developers Surety and Indemnity Company
p Indemnity Company of California
17760 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300
SUBDIVISION IMPROVEMENTS
PERFORMANCE BOND
BOND NO. 7311 BIDS
$ 4.032.00 -premium is for
a term of two year(s)
KNOW ALL MEN BY THESE PRESENTS:
That we, Singing Wood of San Gabriel, LLC, a California Limited Liability Company as Principal,
and Indemnity Company of California a corporation organized a id doing business
under and by virtue of the laws of the State of California and duly licensed
to conduct a general surety business in the State of Californ;a as Surety, are held and Firmly bound unto the City of Rosemead
as Obligee, in the penal sum of One Hundred Ninety Two Thousand & no/100
(s192,000.00 )Dollars. for which payment. well and truly to be made, we bind ourselves, our heirs, suc_essors, executors
and administrators, jointly and severally firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
Whereas the Obligee and Principal have entered into an agreement whereby Principal agrees to install and complete certain
designated public improvements, which agreement, identified as Improvements at Tract 60158
, 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, the condition of this obligation is such that is the above bounden principal, his or its heirs, executors,
administrators, successor or assigns, shall in all things stand to and abide by, well and truly keep and perform the covenants,
conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his (,r their part, to be
kept and performed at the time and in the manner therein specified, and in all respects according to theirtrue in.ent and meaning,
and shall indemnify and save harmless obligee, 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 a part of the obligation secured hereby and in addition to the penal sum specified therefor, there shall be included costs
and reasonable expenses and fees, including reasonable attorney's fees, incurred by Obligee in successfully enforcing such
obligation, all to be taxed as costs and included in any judgement rendered.
The surety hereby stipulates and agrees that no whange, extension of time, alteration or addition to the term:; of the agreement
or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on
this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the term; of die agreement
or to the work or to the specifications.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on
February 8 2006
PRINCIPAL: Singing Wood of San Gabriel, LLC, a
California Limited Liability Company
SURETY: Inemnity Cam ny of California
Davi, Nod e Attorney-in-Fact
ID-1092 fCA) Subdivision Performance Bond (REV. 1!01)
STATE OF CALIFORNIA
COUNTYOF LOS ANGELES
On FEB 0 8 M'beforeme, DEBRA K. BELL, NOTARY PUBLIC
(here insert name and title of the officer), personally appeared DAVID NODDLE
personally known to me to be the person(s) whose name(s) islare
subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized
capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the
acted executed the instrument.
person(s)
WITNESS my hand and official seal.
Signatur&)C1 L (SEAL)
DEBRA K. BELL
Commission # 1430084
Z Notary Public - California
J LOS ANGELES County
My Comm Expires JUL 30, 2007
This urea jar 01 irial Notanal Shat
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-=ACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IESI
ID-1232 (REV. 12105) ALL-PURPOSE ACKNOWLEDGEMENT
•
4xl~g INSCO INSURANCE SERVICES, INC.
lnsc%lpp Underwriting Manager for:
n _ Developers Surety and indemnity Company
Indemnity Company of California
17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300
SUBDIVISION IMPROVEMENTS
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, Singing Wood of San Gabriel, LLC, a California Limited
under and by virtue of the laws of the State of Ual forma
to conduct a general surety business in the State of California as Surety, are held and firmly h
as Obligee, in the penal sum of
BOND NO. 731180S -
PREMIUM INCLUDED IN
PERFORMANCE BOND
as Principal.
a corporation organized and doing business
and duly licensed
DOLLARS.
for which payment, well and truly to be made, we bind owrselves, our heirs, executors and successors, jointly and seventily firmly by these
presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
Whereas, the above-named Principal, has entered into an agreement which is made a part of this bond, with the City of Rosemead
. State of California, as Obligee, for the designated public
improvements in the subdivision identified as Improvements at Tract 60158
as required by the Government Code of California.
Whereas, under the terns of said agreement, principal is required before entering upon the performance of the worl., to file a rood and
sufficient payment bond with the City of agreement. to secure the claims
to which reference is made in Title 1 j~ (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the Suite 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, inaterialmen and other persons
employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure for materiel 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 penal sum hereinabove set forth, and also in case suit is brought upon this bond. will pay, in addition
to the penal sum thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City of Rosemead
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.
It is hereby expressly stipulated and agreed that this bond shall inure ro the benefit of any and all persons. contpani:s 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 gi ve riehl 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 .hall 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, and it does hereby waive notice of any such
change, extension, alteration or addition.
in witness whereof, this instrument has been duly executed by the principal and surety above named. on _
sbruarv 8. 2006
PRINCIPAL: Singing Wood of San Gabriel, LLC, a SURETY: Inde ity Co any of California
California Limited Liability Company
DavidNi5cldle Attorney-in-Fact
ID-1093 (CA) Subdivision Labor and Material Bond (REV. 1/01)
•
STATE OF CALIFORNIA
COUNTYOF LOS ANGELES
On ECg a 700beforeme, DEBRA K. BELL, NOTARY PUBLIC
(here insert name and title of the officer), personally appeared DAVID NODDLE
personally known to me (o~bt~~~`) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she4hey 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.
WITNESS my hand and official seal.
Signature (SEAL)
r, DEBRA K. BELL
Commission # 1430084 r
Notary Public - California ,x
LOS ANGELES County
My Comm Expm JUL 30, 2007
ThI area for official "N'olarial Seal
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OF TYPE OF DOCUMENT
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER.
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTI7Y(IES)
DATE OF DOCUMENT
NUMBER OF PAGES
ID•1232(REV 12105) ALL-PURPOSE ACKNOWLEDGEMENT
• •
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDE5,1NITY COMPANY OF CALIFORNIA
PO BOX 19735, IRVINE, CA 92623 (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:
***David Noddle, Renee Tarica, Angela Bisordi, 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
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 I, 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 attorney(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 to any such Power of Attorney or to any certificate relating thereto by
facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures 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 December, 2005.
By. AND O~},P AN 1'-0
~
David H. Rhodes, Executive Vice-President ;°J~= 4LP ORe ~ss ~c~i CPP 0R,9T Co
e ? OCT. ~
'u,! 10 :C,
- OCT. 5
y 1967
=o`• 1936 Eo:
~
By:
Walter A. Crowell, Secretary
STATE OF CALIFORNIA
COUNTY OF ORANGE
On December 1, 2005 before me, Gina L. Gamer, (here insert name and title of the officer), 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 person(s) whose name(s) is/are subscribed to the within instrument and
aclmowledged to me that he/sheithey 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.
WITNESS my hand and official seal.
Signature 67Z,5z /
C ER'rI FI SATE
The undersigned, as Assistant Secretary, 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 off~77therrdate of this Certificate.
r,
This Certificate is executed in the City of Ii-vine, California, the day of
By J
Albert H illebrand, Assistant Secretary
43
ffI O
INSCO INSURANCE SERVICES, INC.
Undorwrillnp Menapar tor.
0 o e
Developers Surety and indemnity Compeol,
"Mthly Company of California
17760 Pitch. Suite 200 • lr me, California V414 • (846) 2W-3M
SUBDIVISION IMPROVEMENTS
PERFORMANCE BOND
P. 02
BOND NO. 7311ODS
S 4,032.00 .premium b for
a term of two year(s)
KNOW ALL MEN BY THESE PRESENTS:
That we, Suing Wood of San Gabrlel, LLC, a California Limited Liability Company as Principal.
and!ndemnhy Company of Callt nr a
a corporation organize n ld doing business
under and by virtue of the laws of the State of California and duly liccnwd
to conduct a gcncial surety business in the State of Califomia as Surety. an: held ;tnd firmly bound unto file Cily_of Rtrsemasd
as Obligee, in the penal sum of One Hundred Ninety Two Thousand b nd100
(S 182 0 0.00 Dollars, for which payment, well and truly to be trade, we bind ourselves, nut heirs, sue;eusors, executors
and administrators, jointly and severally firmly by there presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
Whereas the Obligee and Principal have entered into tin agreement whereby Principal agrees to install anti compfet, certain
designated public improvements, which agreement. identified as improvements at Tract 11015a
r' is hereby referred to and made n parr hereof; and
Whereas, said Principal is required under the terms of said agreement to famish a bond for the faithful performance of said
agreement.
Now therefore, the condition of this obligation is such that is the above bounden principal, his or its heirs"t'
xecutors,
administrators, successor or assigm, shall in all things stand to and abide by, well and truly keep and pedotin the covenants,
conditionb and provisions in the said Agreement and any alteration thereof made u therein 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 in-car and meaning.
and shall indemnify and save harmless obligee, its officers, agents and employees, as therein stipulated, then this obligation shall
become null and void; otherwise it shall be and remain in fill] force and effect.
As a part of the obligation secured hereby and in addition to the penal sum specified therefor, there ahail be included costs
and reasonable expenses and fecs, including reasonable utiorncy's fecs, incurred by Obligcc in successfully enforcing such
obligatioll, all to be taxed as costs and included in any judgement rendered.
The surety thereby stipulates and agrees that no change, extension of time, alteration or addition to the term:; of the agreement
or to the work to be performed thereunder or the specifications accompanying the same shall in anywise effect its obligations on
this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the term.: of the agreettu!nt
or to the work or to the specifications.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on
February a 200S
PRINCIPAL: SHRMQ wood of San Gabriel. LLC, a
California Limited Uability Company
10.1092 (Ca) SubdWhrlon PerlermYnCe 00-0 (REV. t/ol )
SURETY: tnemnlty C rty of Cetlromia
Oavl o e Attorney-in-Fart
z•d d6b:20 GO 92 TnC
9 0
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STATE OF CALIFORNIA
COUNTY DF LOS ANGELES
On FEB 08 7006 before „1e DEBRA K. BELL, AIOTARY PuBLlC
(here insert name and 146 of the officer), parson* appeared nAVTD NODDLE
personally rrnown to me (o>€iLa~lXri ) to be the person(s) whose name(s) is/are
subSCnbed to the within instrument and acknowledged to me that halshe4hey executed the same in fusiherrtheir authorized
capacity(ias), and that by his/her.Rheir signature(s) on the instrument the person(s), or the enllty upon behalf of which the
person(s) acted, executed the instrument
il~
WITNESS my hand and official seat.
Sfgneture_ L 5 lGM- t "(bed_W(3EAL)
OPTIONAL
Though the data below qs not required by law, it may prove valuable to persons relying on the doct,ment end Could
prevent traudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OF TYPE OF DOCUMENT
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAWCONSERVATOR
❑ OTHER.
NUMBER OF PAGES
oocra pF oOGUMENT
SIGNER IS REPRESENTING:
NAME Or FERWWrl DA ENnTTnes)
ALL-PURPOSE ACKNOWLEDGEMENT
6•01 d6t,:20 GO Se IBC
• 0
4G~ iNSCO INSURANCE SERVICES, INC.
W1EX3&w-jn utrderwill" Manager tor:
~ Devolopwe Surety and Indemnity Company
Indemnity Company d Catilomis
17780 FIch, SuUe 200 - Irvine, Catiloinia 92616 • (9Q) 2g3-app
SUBDIVISION IMPROVEMENTS
LABOR AND MATERIAL BOND
r.04
BOND N0. %31180S _
PREMIUM INCLUDED IN
PERFORMANCE B014D
KNOW ALL MEN BY THESE PRESF_NCS:
T ostI we,, Singing Wood
ceder and by virtue of the laws of the Scare of C
to conduct a general wnety business in the State
payment. well and truly to be made, we
presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT
-nrnrou Ltoutnty %.vrrrpemy as Principal,
.2 corporarion organized and doing business
and duly licensed
very, are held and firmly hound unto the ity o Rot eroaad
ligee, in the penal sum of Ninety Six Thorrean -d"noTv
(T j DOLLARS,
our hoirs, rxccworS and sucvmfior3. jointly and scvcndly firmly by these
Whereas, the above-named Principal, hus entered into an agreement which is made a pan of this bond, with the Cily of Rosemead
State of California, as Obligee, for the designated public
improvements in the subdivision Identified as 1f TTuvdmenls at Tract 60158
as required by the Covommont Code of
Whams, under the kris of said a regiment, principal is required before entering upon the performance of the wort:, to file u good and
Sufficient payment bond with the City of Rosemead Lp xecure the claims
to which reference is made to Tide 15 (comnlcn6ng with Seclion 3082) of Pan 4 of Division 3 of the Civil Code of the Sci a of California.
Now, therefore, said principal and ft undersigned. us surety, arc held rrmly bound unto the _Clh' Of ROSernesd _
and all eouteaetora, subcontractors, lxbomrs, mate itdme n and other persons
employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Pmce:dw for maven,d 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 riot exceeding the penal sum hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition
to the penal sum thereof, costs and reasonable expenses and fees, including rcasonable attorney's fees, innrrred by C4 of RoNnwad
_in successfully enforcing such obligation, to be awarded ante :iced by the court.
and to be taxed as costa and to be included in the judgement therein rendered
It is hereby expressly stipulated and agreed that this bond shill inure to the benefit of any and all persooc, compxntes and corporations
entitled to file claims under Title 15 (commencing with Section 3082) of Part A of Division 3 of the Civil Code, so as to give right of action to
them or their assigns in any suit brought upon this bond.
Should the condition of ibis bond be fully pmformcd, then this obligatinn shall become null and void, otherwise It thali be and remaia
to fait force and effect.
The surety hereby stipulates and agrees that no change, cmensiun of time, altenwon or addition to the terms of sold agreement or the
specifications accompanying the same ibell in any manner affect its obligaiiotts on this bond, and it does hereby waive notice of any such
change, extension, alteration or addition.
In wittross whereof, tills instrument has been duly executed by the principal and surety above ported. all
February 8, 2008
PRINCIPAL: Singing Wood of San Gabriel, LLC. a SURETY: Ind ty Co yol,Cahfornta -
C41NotrNa Lk *ed Llablllty Company
David Aitorney•in•FaCt .
lo- t0a1 fGl9trbtavlsbn tenor red asatertu Clone irttctr :roll
~'d JGtb:Z0 LD se inc
r-.UD
STATE OF CALIFORNIA 1
CoufuTVOF LOS ANGELES
pn FEB 0 8 T_00 beroreme, DEBRA K. BELL, NOTARY PUBLIC
(here insert name and title of the officer), parsonaBy appeared BAUD NODDLE
pe►sonatly known to me ( ) to be the person(s) whose name(s) is/are
Subscribed to the within instrument and acknowledged to mo fhat ha/shehhav earecuted the saute u+ hisfierRhev authorized
capacity( and that by his'herAhetr signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the insfrument.
wlT1vESS my hand an0 official seat.
Sjgna1ur2~6_AA " ~ (SEAL)
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE: OF TYPE OF DOCUMENT
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
DESCRIPTION OF ATTACHED DOCUMENT
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER.
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OA ENTITrry!_M
NUMBER OF PAGES
DATE OF DOCUMENT
ID. 1232 IAiV ~2ioZI
4
T4ie urea for tlJft m! Nnrnrip! Sral
ALL-PURPOSE ACKNOWLEDGEMENT
S'd d6j,:z0 GO SZ inC
• • 1 . um
POWER OF ATTORNEY FOR
DEVELOPERS $VRETYAND INDEMNITY COMPANY
1 INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19125, IRVINE, CA 92613 (949) 263-3300
KNOW ALL MEN BY THESE PRESENTS. that except IS axptcssly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA, do tack, hereby make, constitute and appoint
***David Noddle, Renee Tarica, Angela Bisordi, jointly or severally***
as their true and lawful Attorney(:}m-Fact, to rulc, execute, deliver sod acknowledge, fa and an behalf of said corporations, as surviies, hoods, uatlaNEtggf
and contracts of sumycbip giving and granting veto said Anirmey(s)•SaFact full power and authority to do aid to petfam ev¢ry as neceasxry, requisite w proper
to be dent in earimetioa therewith as each of said corporations could do, but reserving to cacti of said corporaticma full power of subaltntitm and revocation, and
all of the acts of laid Anomey(a)-in-Fact, pttrsuw to dicse procaats, an bcrcby relifed and conbrmad.
This Power ofAnorney is granted and is signed by facsimile under and by suthtuity of the following revolutions adopted by the respoctivc Board of Ditduon of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, efbctivs a ofNovambir 1, 2000:
RESOLVED, that the Chairmae of ibe Board, the President utd any Vice Pnesidapt of the corporation be, sad that each of them hereby is, authon2ed to
execute Powers of Atsomcy, qualifying the anortiey(s) named is the Powers of Anormy to csacum, eo behalf of the ootporations, bonds, undertalcoW and "Mach
of staretysbiP. and that the Secretary or any Assistadt Secretary of the corporations be, and each of than hereby is, tialhonzad to attest the eaaeuuon of airy such
Power of Attanity,
RESOLVED, FURTHER. that the signsiures of euch officers may be at8xod to any sub Power of Atwrncy or to any certificate relating dweto by
fagimilc, tied airy such Power of Aitarney or eerttrrcate bearing such fscstmilt app u m Ahall be valid and binding upon the eoeporatroa when so a(itxed and its
the f rt rt with respect to any bond, undertaking or contract of suretyship to which It is attached
IN WITNESS WHEREOP, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have sevonlly caused
(best presents to be signed by thou raspcenve Execwivc Vita President and anesle0 by their respative Secretnry this Isr day orDecember, 2005.
By ANO O 04PANyo
David H. Mocks, Executive Vice-President Q o G MOP 91 0
By'^Ca" -
WalterA. Crowell, Seerctary
STATE OF CALIFORNIA
COUNTY Of ORANGE
teJ ~Op!• RC S. A 0 -1
F r 4 R lf~ r` 4 d`
;m OCT. ~i OCT.5 D7G
10 InI >v et167 b
~o~t~ t 9 ] i ~ t?~ c~4 xa~F a
~nr*,~ovr" Y
On Deecmber 1, 2005 beftno me, Gina L. Gems, (here iaxrr runic mid tide of tho 015WO, Penonolly appeared David H Rhodes and %1ta A. Crowell,
personally known to me (or proved to me on the basis of satisfactory evidenee) to be the pown(t) whose game(s) ia/ane vubatribod to the within lasirumrnt and
aNmo-icdgod to into dart hdshaidiey exaeuted the same in his kcr/their authorized eapscity(les), and that by bisilicrAlseirsignaudia(s) on the ittlttVmont the pmcri(s~
or the entity upon bohslf of which the person(s) sated, axeoated the inavumatt
WITNESS my hand and oflicial seal.
GNNA L. GARNER
TAW COMK • 1569561
(SEAL) li1DTAFfY 1WS11G CUaIffCRna
S'h'e CMWIE COUNTY
eeean►1 tea tS, lgdg
CLRTIPiCATY
The uodersignod, asAm"tant Seactivy, afD£VELOP£R.S SURM AND INDSMNITY COMPANY tend IJDP.MNMV COMPANY OF CALIFORNIA,
does het*by certify that toe foregoing Power of AaDrtscy rchrttitis in full fora and has not been revoked, and furthermore, that the previsions of the resalultmu of
r*--, the raspaedvc Boards of Diroaon of said corponuons set forth in The Power of Anontey, are in farce as of the dose of ehie Csni6carc
Thu CuOflon t is eaewiod Lathe City of t vinc, Califs ie, tM day of FEB 0 3 2Q06
fly
A1101 Hillebrand, Assistant Secreury
m-t van Att. Oftlil
TOTAL P.06
9-d dos:ao LO SZ inc