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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. x= . :)$%. •, aA $, s a-. x§ `k.b{ x: xa4498x RASA+ t k+4a - , # b§ + .tbkk-i a,s R#89't5t$9A#8ett ++ 'Ad• 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 * 43 P4S#b #e A45 s.. T, •, x. , as 6. • $t#btr- 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. +e., axak&xbb+ +.-a.+4AAaaa#t e+, =z AxaxdA, d x, .ttase x#�a IN W17 ac'fic insurance G*orrPlJgny hgs caused these presents toslgned by its eloper officers, and its corporate sealxtt'r 9�g, 2004. - *{ bA55 t5t559 $&# 8rE< .ktu{rry x+x++.s r; gpt���}�P##4Ptdt$4dB##AdV#tb§#it$#xhd Y4 tkR x. ... u s, l,."yitt(ti_S g /114kA§tr:btd#i 43hb06bi5$#4t %e>akt ed>ax {¢x#a bs5 i4, tr#axa. PFPOH•L" ".2 ..,. Q.�Gp c U;— �ULV2? �.0s = Robert T. Kingsley, President J n R. Hollin Shead, Secr tary a'• 1986 : y ,F y.1/111�111111 }j, t{9 tybSt 9 ;!t STAtt O`EdM_jF&ZNI d <„ { #• xA to ,¢ 5 (Xa�(JLJN��',�SACR{.��IF.n�d� 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.