09-0120_M.S. CONSTRUCTION_Labor and Materials Bond THE FINAL PREM10IS
PREDICATED ON THE
This bond was issued in three(3) FINAL CONTRACT PRIME Bond No. 105038711
identical counterparts.
LABOR AND MATERIALS BOND
KNOW ALL MEN BY THESE PRESENTS: that
WHEREAS, the San Juan Capistrano Community Redevelopment Agency, a municipal
corporation ofOrangeCounty,California,has awarded tom-s. construction management Group
License No. 721731 hereinafter designated as 'Principal', a contract for
Little Hollywood Affordable Housing Project Phase II
10 Units in the Los Rios Historic District ; and
WHEREAS,said Principal is required to furnish a bond in connection with the said contract
providing that if said Principal,or any of Ms or its sub-contractors,shall 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 done thereon of any kind,the surety or this
bond will pay the same.
NOW,THEREFORE,We m.s. Construction Management Group Principal,and
Travelers Casualty and Surety
Company of America , as surety, are held firmly bound unto the San Juan
Capistrano Community Redevelopment Agency, a municipal corporation, in the penal sum of
Two million Eighty Three Thousand -
Eight Hundred Fifty Three and 33/100 DOLLARS($ ),law*fulmoney
of the United States of America, for payment of which sum well and truly to be made we bind
ourselves,our heirs,executors,administrators and successors,jointly and severally,finely 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 fail 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 work or labor done thereon of any
kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor
as required by the provisions of Title 1,Division 5,Chapter 3 of the Government Code of California
as amended,that the surety shall pay for the same in an 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.
42
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 there under shall in any way affect its obligation on this bond and it does hereby waive
notice of any such change,extension oftime,alteration or modification of the contract documents or
of work to be performed there under.
As a part of the obligation secured thereby, and in addition to the face amount specified
therefore, there shall be included costs and reasonable expenses and fees, including reasonable
attorney's fees,incurred by Agency in successfully enforcing such obligation,all to be taxed as costs
and included in any judgment rendered.
IN WITNESS WHEREOF; three (3) identical counterparts of this instrument, each of
which shall for all purposes be deemed an original thereof have been duly executed by the Principal
and surety herein named on the 20th day of January 12009. 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.
PRINCIPAL M.S. ConstrueVmanagemn Group
N j By:
COMM. #1617668
Notary Public•Cablo nia o Its:,
Orange Corny
Comm.EK iter Nw.t 2W9f
fit° G SURETY Amer
Travelers Ciand Surety
Company of America
APPROVED
—
APPROVED AS TO FORM: Its: Attorney-in-Fact, Arturo Ayala
Omar Sandoval,Agency Attorney
43
w ACJY(d.M F + s v
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Orange
On 1/20/09 before me, Daniel Huckabay, Notary Public
Date Here Insert Name and Titte of the Officer
personally appeared Arturo Ayala
Name(s)of Signer(s)
who 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
�f executed the same in his/her/their authorized capacity(ies),
DANIEL HUCKA84Y N and that by his/her/their signature(s) on the instrument the
' COMM nvsea a N person(s), or the entity upon behalf of which the person(s)
. ?. Notary Pubic Collfornia "� acted, executed the instrument.
ORANGE COUNTY r
My Comm.Expires Apr.24,2012 I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and corre
Witnesl,my hand and off ici eal.
Signature
Place Notary Seal Above Signature of Mlary 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.
Description of Attached Document
Title or Type of Document: Labor and Materials Bond
Document Date: 1/20/09 Number of Pages: Two
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:Arturo Ayala Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Off icer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited❑General ❑ Partner—❑Limited❑General
L71 Attorney in Fact ❑ Attorney in Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
®2001 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NatlonalNotar.org Item#5907 Header:Call Toll-Free 1-800-8]6-682]
I 58440-8-06 Printed in U.S.A. I
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
WARNINI -41S POWER OF ATTORNEY IS INVALID WITHOUT THE R' ZORDER
This Power of Attorney is granted under and by the aamorily of the following resolutions adopted by the Boards of Lnectors of Farmington Casualty Company,Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc.. Seaboard Surety Company, St. Paul Fire and Marine Insurance Company,
SL Paul Guardian Insurance Company, St. Paul Mercury Insurance Company.Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of
America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows:
RESOLVED,that the Chairman, the President,any Vice Chairman,any Executive Vice President,any Senior Vice President, any Vice President,any Second Vice
President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds,rewgnizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is
FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may
delegate all or any par(of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary;and it is
FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking
shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice
President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attomeys-in-Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any
certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall
be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the
Company in the future with respect to any bond or understanding to which it is attached.
I,Kori M.Johanson,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance
Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, SL Paul Guardian Insurance Company, St. Paul Mercury Insurance
Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company uf,America,and United States Fidelity and Guaranty Company do hereby
cerify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been
revoked.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 20th day of January 2009
Kori M.Johans Assistant Secretary
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To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.stpaultravelersbond.com.Please refer to the Attomey-la-Fact number,
the above-named individuals and the details of the bond to which the power is attached.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
C ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
SATE OF CALIFORNIA }SS
C AUNTY OF Oran_qe__ ____ _
Oi 1/22/09 ___before me, Hedieh Sabet _
personally appeared Mike Sagjhaf
NAME(S)OF SIGNER(S)
personally known to me -OR-proved to me on the basis of satisfactory evidence to be the
person(s)whose name(s) !stare 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
rA H. SABET I signature(s)on the instrument the person(s),or the entity upon behalf of
Comm. x1617668 z which the person(s)acted,executed the instr ment.
`+maty Public-California G
I Orange County WITNESS my hand and official seal.
MV Comm.Ex res tbv.l 2009
SIGNATURE OOT
OPTIONAL
TI lough 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.
C OPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
Labor and Materials Bond
TITLE(S) TITLE OR TYPE OF DOCUMENT
PARTNER(S)
LIMITED or GENERAL 2
ATTORNEY-IN-FACT —
TRUSTEE(S) NUMBER OF PAGES
GUARDIAN/CONSERVATOR
OTHER: 1/22/09 ____ __ ____
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
IN%ME OF PERSON(S(OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE