05-0607_BELAIRE - WEST LANDSCAPE INC._Performance BondBond No. C811321
PERFORMANGEBOND Premium: $3,194.00
KNOW ALL MEN BY THESE PRESENTS:
That Belaire West Landscape, Inc.
as Principal, herelnaftar Called CONTRACTOR, and Financial Pacific Insurance Company
as Surety, hereinafter called SURETY, are held and firmly hound unto the City of San Juan
Capistrano, as Obligee, hereinafter called CITY, in the amount of one Hundred Forty Six
Thousand Two Hundred Fif ty and N0J100 Dollars for payment Whereof Contractor and .
Surety bind themselves, their heirs, executors, administrators, successors, and assigns,
jointly and severally, fairly by these presents.
WHEREAS, Contractor has by written agreement dated
. entered into a (describe agreement):
San Juan Capistrano Public LIbrary Phase I: Site Work - Design Build
CIP No. 454
which contract is by reference made a part hereof;
NOW THEREFORE, the condition of this obligation is such that, if Principal shall
promptly and faithfully perform said agreement, then this obligation shag be null and void;
othernise it shag remain in hull force and effect. Su" waives whatever legal right it may
have to require that a demand be made first against the principal in the evert of default.
BE IT FURTHER RESOLVED, that
I . As a part of the obligation secured hereby, and in addition to the. face amount
specified, there shalt he included costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to
be taxed as costs and included in any judgment rendered.
0 •
2_ Said Surely, for value received, hereby stipulates and agrees that no change.
extension of time, alteration, or moditatian of the contract documents or of the work to be
performed thereunder, shall in any way ®fled its obligations or this bond, and it does hereby
waive notice of any such change, extension of time, alterations, or modifications of the
.. . ir,. . . . . 4 ..' ,
EmwyAed this 2nd day of June, 20
San Bernardino . California.
APPROVED AS TO FORM
00141A�—
JOT R. SHAW, CITY ATTORNEY
PRINCIPAL
B
e
lla
ire West Landscape, Inc.
(NOTARIZATION AND SEAL)
SURETY
Financial. Pacific Insurance Company
4 J 7eiJ elle L. Miller, attorney-in-fact
OTARIZATION AND SEAL)
0 0
JURAT WITH AFFIANT STATEMENT
74
State of 0a'1 � �O rf1, a/
County of (7�cW1(� ss.
See Attached Document (Notary to cross out lines 1-8 below)
❑ See Statement Below (Lines 1-7 to be completed only by document signer[s], not Notary)
Signature of Document Signer No. 1
E0NOM
E i
Ift
mw^urilly
a13 M
ME
Place Notary Seal Above
Signature of Document Signer No. 2 (if any)
Subscribed and sworn to (or affirmed) before
me this 7 day of �Jwr l
_ Date Month
by
Year
(1) 7u ice k-9bu-f Kfayul—.
Name of Signers)
Name of Signerla
Signature of Notary 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. Top of thumb here Top of thumb here
Further Description of Any Attached Document J
Title or Type of Document: I or�Y cw C'f- R and
Document Date: ��� Number of Pages:
l
Signer(s) Other Than Named Above: 0 L"y
02002 National NotaryAssociation • 9350 De Soto Ave., P.O. Box 24102 • Chatsworth, CA 91313-2404 • Prorl. No. 5924 • Reortler. call Toll -Free 1-800-87"827
LIMITID POWER OF ATTORNEY
Financial Pacific Insurance Company
BOND NUMBER C811321 POWER NUMBER 811321
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:
Janelle 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 tit o a# rely, to execute, deliver and affix
the sea] of the Company thereto if a seal is required on bonds, undertakings, recogniza " enr {it' igations in the nature thereof as
tOIIOWS: 4
Bid, Performance, Payment, Subdivision and Mi up to $1,500,000.00
{£
b544 d96aa#i#p#a4#ib4A<i*qa#4d
and to bind the Company thereby. This Power of Anol s met rl er and by the authority of the following
resolutions adopted by the Board of Directors of Fin anp �14
�" # t duly held July 6, 1995, which are now in
full force and effect:e#sa
5s�°&e as t#e ea#e#+ P xi4 i+#v##
RESOLVED, �##. 4 } $t t or an�'! p a u t$��� oa°ev}t}i lha=S ci'etaty o}h{}ey Assistant Secretary, may appoint
attorneys -in -fact or ago#[ a 4 i as define , ' �r� , tytdenee�'� t e app int ots each case, for and on behalf of
the Company, to execnfee nda �gaflgstf s + i n� abn bttal0a s, recognizancesvfuretyship obligations of all
kinds; and said otficers may remove` &uCI volety ptnVat°of aEtpmey previ$A044ed such person.
5. hit'b Rxi4f{##{d !#
4, atse d#>R
RESOLV ,+FURTHER, that any Jzoaf"fl c i" g; #� e,t*j 3gip qa ligalio» a iall Rbe vali ea -)lidding upon the
Company when sigdeli and sealed (if a seal i »u Q y A b y > cf irsuantlo and w`tjyn .the Il isofthe authority
evidenced by the power of attorney#issued b man
: %� P ���c
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RESOLVED PURT I R„�}iatxt"ptbs ,tore of any auto 'cCA �,q Ji d C„o #gia}a ' e�,lly facsimile to any
power of attorney or certification thereof authorizing the execution ,tt�i,herMyt�4 i' 3rttd t iaa sor other suretyship
obligations of the Company; .ylty such signature and seal when ¢p used ul% &$ a �eeC:ls oag ally affixed.
p IN W $ , ' ial P• 8i ifia
c Insurance 6onipwy hii� caused these preseni iov signed by its eloper officers, and its
corporate seal{ a�£` s U x
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2o,
o DULY 22, �' 3 = Robert T. Kingsley, President ) n R. Hollingshead,'S cr ary
3 Q 1986 2 f
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4' f I
STA E'O'F OAL1176"1
T Q`, �OCjN � � SACR.��IEfl?'1� #
On leis 15th xia,)r of lola�'ch, i0 persoolly car Itoforp me bberuT. Ion' ley,att Jo t R. 11i gshgad, to me known to be the
��3
indl$iduala`°artd"affic r of Fria»eial $,cit .%est til"z C®4t4p eep,-who a Cutei-the4bO ikti• tn�1t; and y Rave 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.
] RECIM71 ER
S COnnaf. r1p1389
In
r, Notary PyblicCaUfomta y
PIACBI COUMTv + Rebekah Moeller, Notary Public
My Comm. Exp. Feb 21, 2NO
CERTIFICATE
1, 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. /\ _ , Q
Signed and sealed at Sacramento, this 2nd day of June , 20 05
Financial Pacific
Insurance Compa.ry
seal must
be affixed
0
State of California
County of San Dieeo
On June 2, 2005 before me, Rachel G. Holbrook, Notary Public personally
appeared Janelle L. Miller, personally known to me -0R- 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 of Notary) (Seal)
RACHEL G.HOLBROOK
COMM. #1499414 n
NOTARY PUBLIC -CALIFORNIA n
"."y ` M AN DI50O COUNT
y Comm eslon Expires
AUGUST4,2008
Y;i"3LT Yk2"' '
FINANCIAL PACIFIC af 0,�n
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.