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09-0120_M.S. CONSTRUCTION_Labor & Materials Bond No. 105038711 THE FINAL PREA IS CPREDICATED ON THE This bond was issued in three (3) `INAL CONTRACT PRICE 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. 721738 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 his 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 j)OLLAR$($2,083,853.33 ),law8rlmoney 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,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 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 ofCalifornia 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 aright 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 of time,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 2009. 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. Constru tion Mana :ment Group By: N.SAM COMM. 01617668 Ite. Notary PU it-(�tltpfr" Q Orange County Comm.EN iresNov. l 2gg9 Travelers Casualty and Surety �e a�A SURETY Company of America B APPROVED AS TO FORM: Its: Attorney-in-Fact, Arturo Ayala Omar Sandoval,Agency Attorney 43 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 Title of the Officer personally appeared Arturo Ayala Names)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 executed the same in his/her/their authorized capacity(ies), oaNlei HucxaeaY and that by his/her/their signature(s) on the instrument the comM xnesata I person(s), or the entity upon behalf of which the person(s) Notary PubhoCalifornia T acted, executed the instrument. ORANGFCOUNTY My Cmnm ex lures Ag,.2a 2012 I certify under PENALTY OF PERJURY under the laws of the Statgof-Gtti nia that the foregoing paragraph is true and crect. Witness my hand and seal. Signature Place Notary Seal Above Signature of Nota w 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 Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited❑General ❑ Partner—❑Limited❑General GQ 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: 0 2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 913132402•w .NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-8166827 Bond No. 105038711 WARN HIS POWER OF ATTORNEY IS INVALID WITHOUT THE IWORDER ' TRAVELERS POWER OF ATTORNEY Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United Slates Fidelity and Guaranty Company Attorney-In Fact No. 217860 Certificate No.001242150 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,that St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Memory Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies'),and that the Companies do hereby make,constitute and appoint Ralph Eidem Jr., Daniel Huckabay, and Arturo Ayala of the City of Orange ,State of California ,their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,reewgnizances,conditional undertakings and other writings Obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this IOth day of October 2006 Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company SL Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America SL Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company a8......d.....!!LA� w• • R"A u1Pa. _927 aw �m1977 1Y ' SEAL/, CONN,wo tl State of Connecticut By: City of Hartford ss. Georg Thompson- nior ice Resident On this the 10th day of October 2006 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casually Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc.,Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,SL Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, ac such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. O.TE7 In Witness Whereof,I hereunto set my hand and official seal. TNI &wk C . . My Commission expires the 30th day of June,2011. AblLAG } Marie C.Teneault,Notary Public �s 58440-8-06 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNIR--iIS POWER OF ATTORNEY IS INVALID WITHOUT THE ORDER This Power of Attorney is granted under and by the auurority of the following resolutions adopted by the Boards of Directors 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, St.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 Attorneys-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,recognizances,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 pan 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 tiled 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 seated with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seat.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 Attorneys-in-Pact 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. 1,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, St. Paul Guardian Insurance Company, SL Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of'l4ttorneyexeemed 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 ,20 09 Kori M.Johann Assistant Secretary Y LNOpPagrrr/. rrY N gOdt. cn' atn �19+27CON h9OaNP'a aer o ryWaixqx(.,a e N teYa.�s YAN T1977 iS To , .Q `y verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.stpaultravelersbond.com,Please refer to the Attorney-In-Pact 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 4LIFORNIA ALL-PURPOSE ACKNOWLEDGMENT S--ATE OF CALIFORNIA }SS C 3UNTY OF Orange o) 1/22/09 before me, Hedieh Sabet personally appeared Mike Saghaf ____ 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) 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 N.SAKT OMM, N1617668 signature(s)on the instrument the person(s),or the entity upon behalf of C Nom' # Celi668 which the person(s)acted,executed the instru ent. ,)range County WITNESS my hand and official seal. %,Mv Comm.E Xotres Nov. 1 2009 ----------------- ----------- SIGNATURE OF NOTARY 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. CIkPACITY 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/CONS E RVATO R OTHER: 1122/09 ------------------------ DATE OF DOCUMENT SIGNER IS REPRESENTING: N\ME OF PERSON(S(OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE