05-0607_BELAIRE - WEST LANDSCAPE INC._Labor & Material BondBond No. C811321
Premium Induded
in performance
ljFi3*--1G1LV= W1.
KNOW ALL MEN BY THESE PRESENTS. That
WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange
county, Cardomia, has awarded to Belaire West Landscape; Inc. License No.
hereinafter designated as 'Principal", a contract for
San Juan Capistrano Public Library Phase I _and
tNHEREAS, said Prindpal is required to fumish a bond in connection with the said
contract ping that if said Principal, or any of his or its subcontractors, shat fail to pay
for any materials, provisions, provender or other supplies or teams used in. upon. for or
about the performance of the work contracted to be done, or for any work or labor dare
thereon of any kind, the surety or this bond will pay the same.
NOW. THEREFORE, we Belaire West Landscape, Inc.
Principal, and Financial Pacific Insurance Company as suety, ale
held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the
penal SUM Of One Hundred Forty Six Thousand Two Hundred Fifty. DOLLARS
(s 146 , 250. , lawful money Of file United .States of America, for peyrrrerlt of which SUM well.
and truly to be made we bind ourselves, our heirs, executors, administrators and
successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its
heirs, executors, administrators, successors or assigns, or sub -contractors, shall fall to pay
for any materials, provisions, provender, or teams, or other supplies or equipment used in,
upon, for or about the performance of the work contracted to be done, or for any worts or
labor done thereon of any kind, or for amounts due under the Unemployment Insurance Art
with respect to such work or labor as required by the provisions of Title 1, Division s,
Chapter 3 of the Govemment Code of CarAbmia as amended, that the surety will pay for
the same in 'ari amount not exceeding the sum specified in this bond and also in case suit
is brought upon the bond, a reasonable attorney's fee to be fixed by the court, This bond
shall inure to the benefit of any and all persons, companies and corporations entitled to file
claims under said act, so as to give a right of action to them or their assigns in any suit
brought upon this bond.
FURTHER, the said surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or modification of the contract documents or of the
work to be performed thereunder shall in any way affect its obligation on this bond and it
does hereby waive notice of any such change, extension of time, alteration or modification
of the contract documents or of work to be performed thereunder,
As a part of the obligation secured thereby, and in addition to the taae amount
specified therefor; -there shall be included costs and reasonable expenses and fees,
including reasonable attomey s fees, incurred by City in successfully ent ub ng such
obligation, all to be taxed as costs and included in any judgment rendered.
IN WITNESS WMEREOF three (3) identical counterparts of this instrument, each of
which shag for all purposes be deemed an original thereof, have been duly executed by the
Principal and surety herein named on the 2nd day of June, 2005
The name and corporate seal of each corporate party being hereto affixed and these
presents duly signed by its undersigned representatives pursuant to authority of its
governing body-
Belaire West Landscape, Inc.
PRINCIPAL.
Financial Pacific Insurance Company
SURETY
By �iLGc,G��
J lle L .Miller, attorney-in-fact
APPROVED AS TO FORM
Q "`^
JOHN SHAW, CITY ATTORNEY
•
CALIFORNIA JURAT WITH AFFIANT STATEMENT
State of California/��
County of VI lN} I(/(L/ } ss.
/See Attached Document (Notary to cross out lines 1-6 below)
❑ See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary)
'.i
Signature of Document Signer No. 1
Place Notary Seal Above
Signature of Document Signer No. 2 (If any)
Subscribed and sworn to (or affirmed) before me on this
V
q day of -Mf, , aOVsby
DateMonth Year
,
(1) � (Clr
Name of Signer
❑ P rsonally known to me
Proved to me on the basis of satisfactory evidence
to be the person who appeared before me
(and
Name of Signer
❑ Personally known to me
❑ Proved to me on the basis of satisfactory evidence
t e the person wbo appe/aSsE before me.)
1
Signature of IN Public
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.
Further Description of apnyy M!aFFhed Document
Title or Type of Docuume V�1�
Document Date: Number of Pages:
Signers) Other Than Named Above: u
RIGHT TH UMBPRINIT RIGHT THUMBPRINT
OF SIGNER #1 OF SIGNER 0
2
®2004 National Notary Association •9350 De Soto Ave., P.O. Box M2 -Chatsworth, CA 91313-2402• www Nafional,otary.org Item#5910 Reorder. Cali Toll -Free 1-81
LIMITED POWER OF ATTORNEY
Financial Pacific Insurance Company
BOND NUMBER C811321 POWER NUMBER 811322
PRINCIPAL Belaire West Landscape, Inc.
PENALSUM $146,250.00
KNOW ALL MEN BY THESE PRESENTS, that Financial Pacific Insurance Company, a California corporation (the "Company"),
does hereby make, constitute and 'appoint:
Janette L. Miller, Jeff Aase, Will Mingram, Christopher M. Haenel
its true and lawful Attorneys -in -Fact, with limited power and authority for and on behalf of logo ag surety, to execute, deliver and affix
the seal of the Company thereto if a seal is required on bonds, undertakings, recogniza s 7atk iia 49 igations in the nature thereof as
follows: + $9 ' m a4$#t ¢$d a•
Bid, Performance, Payment, Subdivision apd Mis up to $1,500,000.00
..ai�atfb+§#94 $adb xx$Ra
and to bind the Company thereby. This Power of P
resolutions adopted by the Board of Directors of Fina
full force and effect: 4
or
t or
as c
<5e
{a.. •... tFad + s
and by the authorityof the following
ly held July 6, 1995which are now in
on
the Company, to execul6 andidegver afft 5s, 'I �C � 16%
s, recognizanced;, � etyship obligations of all
kinds; and said officers may remove ,tuyt € 1 o o% P9>+ rkxf attorney prevt a ed such person.
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RESOLV FURTHER, that dAy o�d,'t�tg ,r k 9tt m e $jr&ysl p�bligatdont�haltbbe valft�, biding upon the
Company when sign and sealed (if a Seal e t@g5fi{ddi � 4 Wows � atidgwt�in the ]iteits of the authority
evidenced by the power of attorney.issut b)r #I"iL,COmpu s os $an%54 t #tl *
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RESOLVED FURTHER; t(5at the signature of any autbovr 6rV=4 Q �it7CQ�#yja}%bg.a'ffa+iC $6y facsimile to any
power of attorney or certification t ereof aut orizing the execution
power # Xe agn ert mhgp F 0.. r other suretyship
obligations of the Companyi #py%such signature and seal whemso use tt x p. f @i,aS t ly affixed.
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IN W17 ac'fic insurance G*orrPlJgny hgs caused these presents toslgned by its eloper officers, and its
corporate sealxtt'r 9�g, 2004. - *{
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= Robert T. Kingsley, President J n R. Hollin Shead, Secr tary
a'• 1986 : y
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On ,this I5th%day ofr�4attch, `004, perso11y car fore me I16bert T. 13kiat ley ba J* R. Wl tgshsad, to me known to be the
individual>f 4nd'officers of Fitrancial Paci'fle Ihsatlat a Corxp , Who e1ttemed the �bo edhstnhneet, and•they fl8v6 acknowledged the execution
of the same, and being by me duly sworn, did severally depose and say that they are the said officers of the corporation aforesaid and that the seal
affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed
and subscribed to the said instrument by the authority of the Board of Directors of said corporation.
1=34 REBEKM. MOELLER
COMN./H171190
Notary Pm4aC8jff"r a
PLACER 000Nrc + Rebekah Moeller, Notary Public
MY Comm. Exp. Fab 21,1009
CERTIFICATE
I, the undersigned Secretary of Financial Pacific Insurance Company a California corporation, DO HEREBY CERTIFY that this
Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Boardof Directors set
forth, and that the relevant provisions of the By -Laws of the Company, are now in full force and effect. /1 _ / _ //
Signed and sealed at Sacramento, this 2nd
Financial Pacific
Insurance Company
seal must
be affixed
day of June '2005
John
FINANCIAL PACIFIC
Bond #C811321
Rider Containing
Disclosure Notice of Terrorism Coverage
The Terrorism Risk Insurance Act of 2002 requires Financial Pacific Insurance
Company (FPIC) to provide this disclosure notice. No action is required on your part.
This Disclosure Notice is incorporated in and made part of the attached bond. The
actual coverage provided by this bond for acts of terrorism is limited by the terms,
conditions, exclusions, limits other provisions of the bond any endorsements and
generally applicable rules of law.
Effective November 26, 2002 any losses caused by a certified act of terrorism would be
partially reimbursed by the United States of America to FPIC under a formula
established by the Terrorism Risk Act of 2002. Under this formula, The United States of
America reimburses 90% of covered terrorism losses exceeding the statutorily
established deductible paid by the insurance company providing the coverage.
There is a cap on FPIC's Liability to pay for such losses if the aggregate amount of
insured losses under The Act exceeds $100,000,000,000 during the applicable period
for all insured and insurer's combined. In that case, we will not be liable for payment of
any amount, which exceeds that aggregate amount of $100,000,000,000.
Your premium attributable to coverage for terrorist acts certified under The Act is Zero
Dollars ($0.00). The cost of terrorism coverage is subject to change on any bond where
premium is charged annually.