CC - Item 4D - Release of Bonds Tract 534470
TO: HONORABLE MAYOR
AND MEMBERS
ROSEMEAD CITY COUNCIL
U-1-11
FROM: BILL CRONE, CITY MANAGER
DATE: FEBRUARY 7, 2006
RE: RELEASE OF BONDS — TRACT 53447
8719 MISSION DRIVE
Ll
A Faithful Performance Bond and a Labor Bond and Material Bond was required to
guarantee construction of a roadway, curb and gutter, sidewalk, driveways, handicap
ramps, parkway drains, water system, sewer system, street lits, parkway landscaping, and
traffic signing and striping. Faithful Performance Bond and a Labor and Material Bonds
were issued to the City in the amounts of $416,000 and $208,000, respectively.
The City Engineer has inspected the improvements and has found them to be installed
satisfactorily. Attached are the undertaking agreement, required surety, and a location
map.
RECOMMENDATION
It is recommended that the City Council release the bonds and accept the public
improvements.
Attachment
WUNrAL AGENDA I
814 200 '�, -
STEM No.�^ 'l
0
TO: HONORABLE MAYOR
AND MEMBERS
ROSEMEAD CITY COUNCIL
Y-1111
FROM: BILL CROWE, CITY MANAGER
DATE: FEBRUARY 7, 2006
RE: RELEASE OF BONDS — TRACT 53447
8719 MISSION DRIVE
A Faithful Performance Bond and a Labor Bond and Material Bond was required to
guarantee construction of a roadway, curb and gutter, sidewalk, driveways, handicap
ramps, parkway drains, water system, sewer system, street [its, parkway landscaping, and
traffic signing and striping. Faithful Performance Bond and a Labor and Material Bonds
were issued to the City in the amounts of $416,000 and $208,000; respectively.
The City Engineer has inspected the improvements and has found them to be installed
satisfactorily. Attached are the undertaking agreement, required surety, and a location
map.
RECOMMENDATION
It is- recommended that the City Council release the bonds and accept the public
improvements.
Attachment
•
CITY OF ROSEMEAD
UNDERTAKING AGREEMENT
THIS AGREEMENT made and entered this 28THday of MAY , 2004, by and
between the CITY OF ROSEMEAD, State of California, acting by and through its City
Council, hereinafter referred to as "CITY" and
NEVIS MISSION LLC
W&T
650 W. HUNTINGTON DR 11201
hereinafter called the "CONTRACTOR."
W ITNESSETH:
FIRST: The CONTRACTOR, for and in consideration of the approval of the final
map of that certain land division known as Tract Map 53447 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:
Construction of street improvements including the following: paved roadway;
curb and gutter; sidewalk; driveways; wheelchair ramps; parkway drains;
water system; sewer system; street lights; parkway landscaping and
irrigation; and traffic signage and striping.
0
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 $416,000.
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.
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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.
9
0
SEVENTH: In case suit is brought upon this contract, the CONTRACTOR hereby
agrees to pay to the CITY a reasonable attorneys 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 assigns do hereby agree to the full performance of this
agreement and affix their names, titles, and seals this dayas above indicated.
(Seal)
Note:
LPl
jj� , ; / / V
TA JEN L�E
By
SIGNATURES MUST BE ACKNOWLEDGED
BEFORE A NOTARY PUBLIC.
(ATTACH APPROPRIATE ACKNOWLEDGEMENTS)
By 222 -0y t
Mayor of th City of Rosemead
Attested
Ci Cleo the City of Rosemed
ALL PURPOSE ACKNOWLEDGMENT
State of California } ss.
L County of � A���el
On -Tart IsE 10-± before me, kca ckw' SA a Notary Public, personally
appeared, 7l) a, Lee , 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 acknowledged to me that helshe /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.
WITNESS my hand and official seal.
Signature
Seal
♦ ♦ ♦ COMPLETING THE FOLLOWING INFORMATION IS NOT LEGALLY MANDATED
The information set forth below is an effort to protect members of the public. the Notary Public, or other officer from
unauthorized use of this form. Please note. the capacily(tes) of the signers are NOT cei lified by the iNolaq Public o! uahi ,r
officer and have not and will not be verified in any way by the Notary Public or other officer.
ATTENTION: THE IDENTIFIABLE ATTRIBUTES OF THE ATTACHED DOCUMENT ARE AS LISTED BELOW
Type or Title of Document:
Date of Document:
Name(s) of Creditable Witness(es), if any: _
The Signer(s) claimed the following capacity(ies)
Signatory's Name:
❑ Individual
❑ Corporate Officer: (Position)
❑ Partner: (Limiter!) (General)
❑ L.L.C.: (Position)
❑ Trustee
❑ Attorney in Fact
❑ Conservator
❑ Guardian
❑ Other:
THUMBPRINT: Identify below only if the print is OTHER THAN
RIGHT thumbprint of the signer:
Number of pages (including attached exhibits)
Signatory's Name:
• Individual
• Corporate Officer: (Position)
❑ Partner: (Limited) (General)
❑ L.L.C.: (Position)
❑ Trustee
❑ Attorney in Fact
❑ Conservator
Cl Guardian
❑ Other:
THIJNMPRINT: Identify below only if the print is OTHER THAN
RIGHT thumbprint of the signer:
0 2002 AMERICAN NOTARY IN4RllTE • 711 SOUTH BREA BOULEVARD. BREA. CA 92821 • (714) 671-2989
KAI CHUN SU 1
Q
COMM. #1372118
()
NOTARY PUBLIC- CALIFORNIA
0
F.
LOB ANGELES COUNTY
MY COMM. FXPiM Aug. 27, 20061
♦ ♦ ♦ COMPLETING THE FOLLOWING INFORMATION IS NOT LEGALLY MANDATED
The information set forth below is an effort to protect members of the public. the Notary Public, or other officer from
unauthorized use of this form. Please note. the capacily(tes) of the signers are NOT cei lified by the iNolaq Public o! uahi ,r
officer and have not and will not be verified in any way by the Notary Public or other officer.
ATTENTION: THE IDENTIFIABLE ATTRIBUTES OF THE ATTACHED DOCUMENT ARE AS LISTED BELOW
Type or Title of Document:
Date of Document:
Name(s) of Creditable Witness(es), if any: _
The Signer(s) claimed the following capacity(ies)
Signatory's Name:
❑ Individual
❑ Corporate Officer: (Position)
❑ Partner: (Limiter!) (General)
❑ L.L.C.: (Position)
❑ Trustee
❑ Attorney in Fact
❑ Conservator
❑ Guardian
❑ Other:
THUMBPRINT: Identify below only if the print is OTHER THAN
RIGHT thumbprint of the signer:
Number of pages (including attached exhibits)
Signatory's Name:
• Individual
• Corporate Officer: (Position)
❑ Partner: (Limited) (General)
❑ L.L.C.: (Position)
❑ Trustee
❑ Attorney in Fact
❑ Conservator
Cl Guardian
❑ Other:
THIJNMPRINT: Identify below only if the print is OTHER THAN
RIGHT thumbprint of the signer:
0 2002 AMERICAN NOTARY IN4RllTE • 711 SOUTH BREA BOULEVARD. BREA. CA 92821 • (714) 671-2989
0 0
Bond No: 225101 CITY OF ROSEMEAD
Premium: 316,720.00/Two Years
Prepaid premium BOND FOR FAITHFUL PERFORMANCE
(Subdivisions)
WHEREAS, the City CDuncil of the City of Rosemead, State of California, and _
NEVIS MISSION, LLC
(hereinafter designated as "PRINCIPAL ") have entered into an undertaking agreement
whereby PRINCIPAL agrees to install and complete certain designated improvements, which
said agreement, dated MAY 28 2004, and identified as Tract
Map 53447, is hereby referred to and made a part hereof; and
WHEREAS, said PRINCIPAL is required under the terms of said agreement to
fumish 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
Four Hundred Sixteen Thousand Dollars ($416,000) lawful money of the United States,
which is 100 percent of the estimated cost for the above - referenced improvements, for the
payment of which sum well and truly to be made, we bind ourselves, our heirs, successors,
executors, and administrators, jointlyand 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.
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0
As part of the obligation secured hereby and in addition to the face amount specified
therefor, there shall be included costs and reasonable attorneys fees, incurred by CITY in
successfully enforcing such obligation, all to be taxed as costs and included in anyjudgment
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
ALL SIGNATURES MUST BE
WITNESSED BY NOTARY
,TUNE 23 . 2004.
NEVIS MISSION, LLC
3rincipal
Principal
AMERICAN CONTRACTORS INDEMNITY COMPANY
9841 AIRPORT BLVD., 9TH FLOOR
LAS A1' ELES, CA 90045
BIC-
1�
Surety TAH CARAZ
ATTORNEY -IN -FACT
0
9
ALL PURPOSE ACKNOWLEDGMENT
State of California } SS.
County of La L!,6r)
On -T��e zY, k� y before me, VC,i C ,a Notary Public, personally
appeared, To. Tyr Le c 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 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.
WITNESS my hand and official seal.
Signature �_ _ L --,e - -
Seal
r 6
KAI CHUN SU
Q
COMM. #1372118 0
U
NOTARY PUBLIC- CALIFORNIA o
F
LDS ANGELES COUNTY
My Comm. E*rn Aug. 27, 20081
*++ COMPLETING THE FOLLOWING INFORMATION IS NOT LEGALLY MANDATED
The information set forth below is an effort to protect members of the public, the Notary Public, or other officer from
unauthorized use of this form. Please note: the capacity(ies) of the signers are NOT certified by the Notary.Public or other
officer and have not and will not be verified in any way by the Notary Public or other officer.
ATTENTION: THE IDENTIFIABLE ATTRIBUTES OF THE ATTACHED DOCUMENT ARE As LISTED BELOW
Type or Title of Document:
Date of Document:
Name(s) of Creditable Witness(es), if any:
The Signer(s) claimed the following capacity(ies)
Signatory's Name:
❑ Individual
❑ Corporate Officer: (Position)
❑ Partner: (Limited) (General)
❑ L.L.C.: (Position)
❑ Trustee
❑ Attorney in Fact
❑ Conservator
❑ Guardian
❑ Other:
THUMBPRINT: Identify below only if the print is OTHER THAN
RIGHT thumbprint of the signer:
Number of pages (including attached exhibits)
Signatory's Name:
❑ Individual
❑ Corporate Officer: (Position)
• Partner: (Limited) (General)
• L.L.C.: (Position)
❑ Trustee
❑ Attorney in Fact
❑ Conservator
❑ Guardian
❑ Other:
THUMBPRINT: Identify below only if the prim is OTHER THAN
RIGHT thumbprint ofthe signer:
-2889
CALIFORNIA ALL- PURFME ACKNOWLEDGMENT
State of CALIFORNIA
County of LOS ANGELES
On JUNE 23, 2004 before me, JENNIFER WAYNE, NOTARY PUBLIC
Date Noma and Tns of once, p.p.. 'jam Doa. Notary Fu W¢'
personally appeared TAN QRAZZA
Namelst of Sipnagal
2- personally known tome –OR –10 proved tome on the basis of satisfactory evidence to be the person (Z)
whose nameX) is /= subscribed to the within instrument
and acknowledged to me that hE /she/M executed the
same in tgg/her/Jbgtr authorized capacity(ies), and that by
eeee e...•...•..•.••..••..•.•.••.• «_ ]bjp/her /J]&* signature(g) on the instrument the person(X),
JENNIFER WAYNE G- or the entity upon behalf of which the person(s) acted,
R COMM. #1291526 R executed the instrument.
S NOTAPY PUBLIC -CALIFORNIA S
2 LOS ANGELES COUNTY 2
• MY Comm. Expires January 26, 2005 ;
WITNESS.my han and official seal.
of Notary
OPTIONAL
Though the iniamlation below is not required by law, it may prove valuable to persons relying on the
fraudulent removal and reattachment of this to= to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
SURETY BOND
6/23/04
Signer(s) Other Than Named Above: NONE
Capacity(ies) Claimed by Signer(s)
Signer's Name:
D Individual
Corporate Officer
Title(s):
Partner — Limited E� General
❑ Attomey -in -Fact
Trustee
Guardian or Conservator �-
Other[ Top of thumb mere
Signer Is Representing:
Signer's Name:
and could prevent
Number of Pages:
❑ Individual
^_ Corporate Officer
Title(s):
Partner — E_ Limited C Genera
Attorney -in -Fact
Trustee
Guardian or Conservator
- Other:
Signer Is Representing:
•nn r•-
Top of mumo nere
C 1995 National Muuy Assocatme • 8230 Rammet A,r•., P.O. am 7taa • Canoga Park. CA 4130&71 N ProO. N0, 5907 Reomen O48 ToA.Floe 1- 80Q876E671
Ll
Bond No: 225101 CITY OF ROSEMEAD
Premium included in
Performance Bond BOND FOR LABOR AND MATERIALS
(Subdivisions)
WHEREAS, the City Council of the City of Rosemead, State of California, and
NEVIS MISSION, LLC
(hereinafter designated as "PRINCIPAL ") have entered into an undertaking agreement
whereby PRINCIPAL agrees to install and complete certain designated improvements, which
said agreement, dated MAY 28 2004, and identified as Tract
Map 53447, is hereby referred to and made a part hereot; 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 Two Hundred Eight Thousand Dollars ($208,000),
which is 50 percent of the estimated cost for the above- referenced improvements, 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 attorneys 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.
0
0
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 anysuit 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
2004.
ALL SIGNATURES MUST BE
WITNESSED BY NOTARY
JUNE 23
NEVIS MISSION, LLC
Principal
i'1
Principal !
AMERICAN CONTRACTORS INDEMNITY COMPANY
9841 AIRPORT BLVD., 9TH FLOOR
LOS AN ES, 90045
BY:.
Surety TAB CARA=
ATTORNEY -IN -FACT
0 0
ALL PURPOSE ACKNOWLEDGMENT
State of California 11 SS.
County of L3s At��tle� I
On It- �� / )&'t before me, K. C�vn Sy ,a Notary Public, personally
appeared, -T 3e^ Let personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare 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.
WITNESS my hand and official seal.
Signature <,— - /1
Seal
♦ ♦ ♦ COMPLETING THE FOLLOWING INFORMATION IS NOT LEGALLY MANDATED
The information set forth below is an effort to protect members of the public, the Notary Public. or other officer from
unauthorized use of this form. Please note: the capacity(ies) of the signers are NOT certified by the Notary,Public or other
officer and have not and will not be verified in any way by the Notary Public or other officer.
ATTENTION: THE IDENTIFIABLE ATTRIBUTES OF THE ATTACHED DOCUMENT ARE As LISTED BELOW
Type or Title of Document:
Date of Document:
Name(s) of Creditable Wimess(es), if any:
The Signer(s) claimed the following capacity(ies)
Signatory's Name:
• Individual
• Corporate Officer: (Position)
• Partner: (Limited) (General)
❑ L.L.C.: (Position)
❑ Trustee
❑ Attorney in Fact
❑ Conservator
❑ Guardian
❑ Other:
THUMBPRINT: Identify below only if the print is OTHER THAN
RIGHT thumbprint of the signer:
Number of pages (including attached exhibits)
Signatory's Name:
❑ Individual
❑ Corporate Officer: (Position)
• Partner: (Limited) (General)
• L.L.C.: (Position)
❑ Trustee
❑ Attorney in Fact
❑ Conservator
❑ Guardian
❑ Other:
THUMBPRINT: Identify below only if the print is OTHER THAN
RIGHT thumbprint of the signer:
Insrrrure- 711 Sam BREA Bout.evuta, BR" CA 92821 • (714) 671 -2889
KAI CHUN SU
r
0
COMM. #1372118 0
U
NOTARYPUBUC- CALIFORNIA o
I"
LAS ANGR M COUNTY
MY Comm Expires Aug. 27,2008
♦ ♦ ♦ COMPLETING THE FOLLOWING INFORMATION IS NOT LEGALLY MANDATED
The information set forth below is an effort to protect members of the public, the Notary Public. or other officer from
unauthorized use of this form. Please note: the capacity(ies) of the signers are NOT certified by the Notary,Public or other
officer and have not and will not be verified in any way by the Notary Public or other officer.
ATTENTION: THE IDENTIFIABLE ATTRIBUTES OF THE ATTACHED DOCUMENT ARE As LISTED BELOW
Type or Title of Document:
Date of Document:
Name(s) of Creditable Wimess(es), if any:
The Signer(s) claimed the following capacity(ies)
Signatory's Name:
• Individual
• Corporate Officer: (Position)
• Partner: (Limited) (General)
❑ L.L.C.: (Position)
❑ Trustee
❑ Attorney in Fact
❑ Conservator
❑ Guardian
❑ Other:
THUMBPRINT: Identify below only if the print is OTHER THAN
RIGHT thumbprint of the signer:
Number of pages (including attached exhibits)
Signatory's Name:
❑ Individual
❑ Corporate Officer: (Position)
• Partner: (Limited) (General)
• L.L.C.: (Position)
❑ Trustee
❑ Attorney in Fact
❑ Conservator
❑ Guardian
❑ Other:
THUMBPRINT: Identify below only if the print is OTHER THAN
RIGHT thumbprint of the signer:
Insrrrure- 711 Sam BREA Bout.evuta, BR" CA 92821 • (714) 671 -2889
CALIFORNIA ALL- PURP:E ACKNOWLEDGMENT
State of CALIFORNIA
County of LOS ANGELES
On
JUNE 23, 2004
Date
before me, JENNIFER WAYNE, NOTARY PUBLIC
Name and litte of OtG=r (e.g., 'Jam Doe. Notary PuWlc
personally appeared TAR CARAZZA
Name(a) Of
M personally known to me – OR – ❑ proved to me on the basis of satisfactory evidence to be the persong)
whose nameOL) is /ZM subscribed to the within instrument
and acknowledged to me that fg /she/]W executed the
same in tg Vher/�r authorized capacity(ies), and that by
• ..... ............................•., 31S5/her /k& signature($) on the instrument the person(l),
c JENNIFER WAYNE or the entity upon behalf of which the person(s) acted,
R Comm #1291 c executed the instrument.
2 Nouwrrueuc -cnt o2gNin S
LOS ANCElES COUtny 2
1•aeaaa«•«M Y Comm. Egpms JVWVY26, 2005
WITNESS my hand and official seal.
OPTIONAL /
Thou_ah Me information below is not required by law, it may prove valuable to persons relying on tlrQ
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Tiitle or Type of Document: SURETY BOND
6/23/04
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
,D Individual
_I Corporate Officer
Title(s):
Partner — 1 Limited F General
L Attomey -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
Signer's Name:
and could prevent
Number of Pages:
Individual
Corporate Officer
Title(s):
1 Partner — Limited t– General
El Attorney -in -Fact
=1 Trustee
Guardian or Conservator
Other: Top of tttumD here
Signer Is Representing:
C 1991 National Notary AaSMal,On - 8236 Rammet Ave., P.O. Box 7184 • Canoga Park. CA 9130 &'184 Proa. No. 5907 Reoro¢ call Toll -Free 1-800- 5rc -6827
American Contractors Indemnity Company
9841 Airport Blvd., 9th Floor, Los Angeles, California 90045 03-6349
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That American Contractors Indemnity Company of the State of California, a California corporation does hereby appoint,
Tah Carazza of Los Angeles, California
Its true and lawful Attomey(s) -in -Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts
of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an
Amount not to exceed ** *1,800,000.00 ** *Dollars This Power of Attorney shall expire without further action on
September 27, 2005.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted
by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6th day
of December, 1990.
"RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have
the power and authority
1. To appoint Attorneys) -in -Fact and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto,
bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and,
1. To remove, at any time, any such Attorney -in fact and revoke the authority given.
RESOLVED FURTHER, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate
relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shalt be valid and
binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the
Company in the future with respect to any bond or undertaking to which it is attached."
IN WITNESS WHEREOF. American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its
President on the 28th day of February, 2003.
AMERICAN CONTRACTORS INDEMNITY COMPANY
SEPE.16, 1990
o^ By: eleL�
;Gtlrttna *� Robert F. Thomas, Chief Executive Officer
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On this 28th day of February, 2003 before me, Norma J. Vngilio, a notary public, personally appeared Robert F. Thomas, Chief Executive
Officer of American Contractors Indemnity Company, to me personally known to be the individual and officer described herein, and
acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office.
NORMA J. VIRGILIO
WITNESS my hand and official seal CNORMA J. t 1 GILF n
Notary Public - California
Loa Angeles County
Virgilio, No My COMM
Norma J. E�nem Sep zt. 2005
I, JAMES H. FERGUSON, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of
Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof
and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect.
IN WITNESS HEREOF, I have hereunto set my hand this 231D day of .TONE
Bond No.
225101
Agency No. #9012
200 4
a-
� . FERGUSONVcorporate Secretary
mv. POA000/01