1994-1115_CREATIVE LIGHTING INC_Labor & Materials Bond No. CB 2426EXECUTED IN THREE COUNTERPAIjZS , OND# CB 2426
JWEMIUM: INCLUDED IN
PERFORMANCE BOND
LABOR AND MA-MMALS BOND
KNOW ALL MEN BY THESE PRESENTS: That
WHEREAS, the City Of San Juan Capistrano, a municipal corporation of
Orange County, California, has awarded to CREATIVE LIGHTING, INC.
_ License No. 517563
hereinafter designated as "Principal", a contract for CONSTRUCTION OF THE BASKETBALL
COURT LIGHTS AT OLD SERRA HIGH SCHOOL , f 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 CREATIVE LIGHTING, INC. _
Principal, and CONTRACTORS BONDING AND INSURANCE COMPANY
as Surety are held firmly bound unto the City of San Juan Capistrano, a municipal
corporation, in the penal sum of **
DOLLARS ($16.720.00 ), lawful money 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, i1 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 3,
Chapter 3 of the Government Code of California as amended, that the Surety will 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
** TWENTY-SIX THOUSAND SEVEN HUNDRED NINETY DOLLARS AND NO/100.
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 hereby, and in addition to the face
amount specified therefor, there shall be 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.
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 8TH day of
NOVEMBER . 19 94 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.
CREATIVE LIGHTING, INC.
PRINCIPAL
By —7
CONTRACTORS BONDING AND INSURANC OHPANY
SURETY
DAVID L. CULBERTSON / ATTORNEY-IN-FACT
ZAPP OVED AS TO FOR
L A-11-Za
CITY ATTORNEY
Page 2 - Labor do Materials Bond
CALIFORNIA
State of CALIFORNIA
County of ORANGE
On 11-08-94 before me, KAREN CHANDLER - NOTARY PUBLIC
DATE NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC -
personally appeared DAVID L. CULBERTSON
NAME(S) OF SIGNER(S)
Mpersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(4 whose name(J) isAM
subscribed to the within instrument and ac-
knowledged to me that he/YRXexecuted
the same in his/KURIEW authorized
_
_ w
'
capacity(7�, and that by hist
Karen Chandler ;
signature(4 on the instrument the person($),
0 9S95Q2
AC Comm.mm.#PUBUIC 59502RNI Q
or the entity upon behalf of which the
•
ORANa oouNTv l�
person( acted, executed the instrument.
My Cahn. Eglit" Ma. t'y,' w.
WITNESS m hand and official seal.
SIGNATURE NO AHY�
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO
T PAYMENT BOND
ITLE OR TYPE OF DOCUMENT.
THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES 2 DATE OF DOCUMENT 11-08-94
OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data below, doing so may prove
invaluable to persons retying on the document.
E) INDIVIDUAL
CORPORATE OFFICER(S)
TITLE(S)
PARTNER(S) ❑ LIMITED
[-]GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
E] GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
CONTRACTORS BONDING AND
INSURANCE COMPANY
Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this form.
SIGNER(S) OTHER THAN NAMED ABOVE N/A
LIMITED POWER OF ATTORNEY
READ CAREFULLY
CONTRACTORS BONDING AND INSURANCE COMPANY IS RESPONSIBLE ONLY FOR THE BOND DESCRIBED AND UP TO THE AMOUNT SET FORTH IN THIS•
LIMITED POWER OF ATTORNEY. ANY ERASURE. WILL VOID THIS POWER OF ATTORNEY. IF YOU HAVE ANY OUESTIONIS ABOUT OR WANT TO VERIFY THIS
PsnafSum�WET OFATTORNEYCALLCONTRACTORSBOAftnNDINGANDTURANCEPCOMPANY 4,L AWJgIMILLS,CALU' MIA AT 14)TI48T3326 -
Bond NO.
Limited Power of$$Altorrne�„y77Ex99p7UrU �, 0 U=.- ZZg=_I/ 0 8/ 9 G A 6 2 Date Appprou ower 10.tl 3. e --_M08/9'1:9 . C B Z@
Approved by: � R.L. Thiel
Name of Principal: CREAT IV E LIGHTING, INC,
Nameofobllpee: - -
DeaerfpEion(a); __AT_= AKA
Location (II -Applicable):
wnurrnu NT Tneerirwea@namarwn�crarrs�ANDPMRArIMacarpo ration q underma Imp dT Wshi q and havinghaving be principal ofla
inSeettle, IDrg County, Washington. date by these presents maks, conaltuls and eppowe T711h L . rT a I
Of
its true and lawful attcrneyinhd,wfth full pow and authority hereby oonfecrtd in its =me, piece end ahead, to execute, admawle iget and delivW the bond(s) described above; and to Nndthe Compaythwaby a fully qly
and to ttas someextern as leach such bond roes signed by the President, staled with thecomperete sed d theComponyod duly attested by bs8ecretwy; hereby ratifying and confrming allthat iter ridrttprpyanrfgpf4
maydc in theproniseeSeld appointment is made undrand by suthonlyoftiwfdbwing resolutions adopted byths Board of Dredcrs of CONTRW70ABOONMAADMPANCECOMANY on 4 / l 1 � Y
RESOLVED that the Prseident is uthorized to appoint as attomsyirnhct of the Comping V I D L . C U L B E R T S 0 N with power and authority to sign on
behalf of the Company those surety bonds which may from time to time be approved by RL Thiel or Barbara Thiel, in such panel sums and according to such conditions as may be approved
by RL Thiel or Berbera Thiel.
RESOLVED FURTHER that each Power of Attorney must set forth the specific description of the bond to which b applies, the nems at the principal, the name of the obligee, the panel sum, the
bond number (except for a bid bond where then is no number), the identifying number of the altorny-infect, the identifying number of the Power of Attorney, and the name and signature of
I L Thiel or Berbera Thiel: end may set forth the descriphon and amount of addilicast reinsurance or collateral, H myK
RESOLVE) FURTHER that RL Thiel or Ila room Thiel is authorized to establish a specific expiration dote for the Power of Attorney and to modify that date from time to time es RL Thiel or
Berbera Thiel deaths necessary in his Ther sole disunion; the applicable expiration data to be dearly set forth in any written Power of Attorney.
RESOLVED FURTHER that, except as otherwise provided in the immediately succeeding resolution, under no circumstances shell: (a) the contract amount for any bid, payment, performance,
or combination payment and performance bond (iw, a performance and payment obligation in am bond form) exceed 81,250,000 if the bond is guaranteed by the Small Business Administration;
(b) the panel sum of any bond not guaranteed by the 9=11 Business Administration (other than a bid bond which is further reetrloted bycloua (c)) sued BSAOO gM; and (c) a bid bond which
is not guerenteed by the Small Business Adminisharion be executad for a job where, if the contract is awarded, the bond penalty an any pedormence bond, payment band, or combination
performance and payment bond (iw, a performance end payment obligation in an bond form) to be executed pursuant to the bid bond is to exceed 83,000,000.
RESOLVED FURTHER that the above nomad Attomay+n4@d is granted pater and outhonty to exaed the eppliable panel limits sat forth in the immediately preceding resolution for any bond
in an amount equal to the @mount of any additional reinsurance or at any ash, letter of credit or other security received as collateral security by the Company as inducement to issue the bond,
so long as the description end amount of additional reinsurance or collateral are at forth in the Power of Attorney.
RESOLVED FURTHER that the authority of the Secretary of the Company to arlify the authenticity end of activeness of the forgoing resolutions in any Limited Power of Attorney is hereby
delegated to the following persons, the signature of any of the following to bind the Company with respect to the authenticity and eMctivareas of the forgoing resolution as if signed by the
Secretary at the Company; A.L. Thiel, Berbera Thiel or Ann Croul.
RESOLVED FURTHER that the signatures (including certification that the Power of Aft may is still in fora and effect) of RL Thiel or Berton Thiel, and Notary Public, and the corporate and
Notary seals appearing on any Limited Power of Attorney containing this and the tangoing resolutions as well as the Umbed Power of Attorney beeH as wall as its transmission, may be by
facsimile: and such Limited Power of Attorney shall be deemed in original in all aspeds.
RESOLVED FURTHER that ell resolutions adopted prior to today appointing the above nomad to m omeyin fad for the Company are hereby superseded.
IN WITNESS WHi44RgF,ICON7RACTORS BONDING AND INSURANCE COMPANY hes caused these presents to be signed by R.L. Thiel and Berbars Thiel, and its corporate seal to be hereto
@fixed 11 �� 77 44
CONTRACTORS BONDING AND INSURANCE COMPANY
�owg a yyW
„
By: pµ�P•.rr�
R.L. Thiel
SEALLv
STATE OF CALIFORNIA — COUNTY OF ORANGE hlmgSNfN
On 4/11/94 , before ma, Yolanda 2.Vega, a Notary Public in and for the State of California, County of Orange, personally appeared RL Thiel end Berbers Thiel, personalty known tome toed
the persons whose names an subscribed to the within Limbed Power at Attorney and acknowledged tome that they executed the some in their authorized capacities and that by their signatures on the
Limited Power of Attorney CM executed the Umited Power of Attorney.
IN WITNESS WHEREOF I have hereunto sat ninghond_jIteLeffixed myofficial e • dayan year fireabove written.
The undersigned, scoring under authority of the Board at Directors of CONTRACTORS BONDING APD F19URId6E.EbMAW hereby c
BONDING AND NBURANCE COMPANY, that the above and foregoing is a full, true end correct copy of the O I Power of Attorney it
Power of Attorney is still in tome and effect.
GIVEN under at 9 `H 1 1 1 s, CA this 08 day of
, or in Ileu of Certificate of the Secretary of CONTRACTORS
said Company, end time hereby further comfy that the said
iml-
A114RIP91593)
19 94
0
Space above this line for recorder's use.
--------------------------------------
ANYTIME NOTARY SERVICE (714) 538-7723
State of California
County of Orange Q� ss.
On tyl/E-fwl-
lJ n ,1994 beforeA�AMEa V.AnSYrLOR,
NOTARY PUBLIC, personally appeared,
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 signature(s) on the instrument the person(s)
or the entity upon behalf of which the person(s) acted,
executed the insptrument.
WITNESS W haind and off iLria"1 seal.
:re Lj v (Sea JAMES W.TAYLOR
JA ES W. TAYLOR COMM.991701
taryblic i and for sai State. WTARYK9l1C-c^AOW
sion pires .July 1997 ORANGE COUNTY
IMy CWnWI n EX09S J* S. 1N7
CAPACITY CLAIMED BY SIGNER: Law
Notary to fill in the data below,
valuable to persons relying on the
INDIVIDUAL
does not require the
but doing so may prove
document.,
CORPORATE OFFICER(S) TITLES)
PARTNER(S) _ LIMITED
ATTORNEY IN FACT
TRUSTEE(S)
_ OTHER:
SIGNER IS REPRESENTING;C.�WrIPcE' iC/6/f7-11lei Z;kk-
c n) 7 -
GENERAL GENERAL.
Rev. 1/94
BOND # CA1175
PREMIUM: NIL
KNOW ALL MEN BY THESE PRESENTS, that we, CREATIVE LIGHTING, INC.
as PRINCIPAL, and CONTRA(ORS BONING
AND INSURANCE COMPANY . as SURETY, hereinafter called Surety, are heid and
firmly bound unto the CITY OF SAN JUAN CAPISTRANO, Obligee, hereinafter cal:ed
City, in the sum of S (10%) *�.*** �.... for payment whereof Principal and Surety bind
themselves, their heirs, executors, administrators, successorst and assigns, joint:y and
severally, fairly by these presents. **TEN PERCENT OF AMOUNT BID
THE CONDITION OF THIS OBLIGATION is such that whereas the Principal has
submitted the accompanying bid dated OCTOBER 19 10...9.4j for the construction
of BASKETBALL COVER LIGHTS @ OLD SERRA SCHOOL for the
City of San Juan Capistrano, Orange County, Calldwrile.
NOW, TM IRZFO" U the Principal shah not withdraw said bid within thirty (30)
days after the opening of same, and shall, within fifteen (ln days after the agreement
has been presented to him for execution, enter lite a written contract with the City in
accordance with the bid as &CCepted, and it the Principal shall give the required bond
with good and sufficient sureties, or sureties for the faithful performance and proper
tuttiilment of such contract and for the protection of laborers and materialmen, or in
the event of the withdrawal of said bid within the periods specUled, or the failure to
enter into said contract and give said bond within the time speeifled, if the Principal
shall within sixty (60) days after request by the Clty, pay the City the dif:erence
between the amount specified in said bid and the amount for which the City "+ay xpcsrs
the required work and/or supplies if the latter amount be in excess of the forme. , then
the above obligation shall be void and of no effect, otherwise to remain in full force and
virtue.
Further, as a pert of the obligation sietured hereby, and in addition to the face
amount specified therefor, there shall be Included teats and roasenable expenses and
fees, including reasonable attorney's foga, Incurred by City In successfully enforcing such
obligation, all to be taxed Y cosy and included in any judgment rendered,
.L6-
State of CALIFORNIA 1
County of ORANGE JI}
On 10/04/94 before me, KAREN CHANDLER - NOTARY PUBLIC
DATE
NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC"
personally appeared DAVID L.
CULBERTSON
NAME(S) OF S(GNERS)
® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(3) whose name(§q is/XX
subscribed to the within instrument and ac-
knowledged to me that he/may executed
the same in his/IGY authorized
If
capacity(IOW, and that by hisll l
Karen Chandler 3
signatureMon the instrument the personQ9F
Comm. #959502
or the entityupon behalf of which the
pORANGE
9...OTARY PUBLIC - CALIFORNIAN
COUNTY
person(i4 acted, executed the instrument.
My Comm. Expires Mar. 27. 1995
WITNESS my hand and official seal.
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this form.
I� OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the document.
E) INDIVIDUAL
❑ CORPORATE OFFICER(S)
TITLES)
PARTNER(S) [-] LIMITED
GENERAL
[� ATTORNEY-IN-FACT
TRUSTEE(S)
C] GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
CONTRACTORS BONDING AND
INSURANCE COMPANY
� OPTIONAL SECTION
TITLE OR TYPE OF DOCUMENT BID BOND
NUMBER OF PAGES z DATE OF DOCUMENT 10/04/94
SIGNER(S) OTHER THAN NAMED ABOVE N/A
W. LIMITED POWER OF ATTORNEY IW - -
READ CAREFULLY'
CONTRACTORS BONDINOAND INSURANCE COMPANY IS RESPON31BLE ONLY FOR THE BOND DESCRIBED AND UP TO THE AMOUNT SET FORTH Nf THIS
LIMITED POWER OF ATTORNEY. ANY ERASURE WILL VOID THIS POWER OF ATTORNEY. IF YOU HAVEANY OUESTIONS ABOUT OR WA}NTTQT'O-VERIFY THIS
Panel SnmPOWER FAiiORNEY CdLL CONTRACTORS BONDING ANO INSIINCE COMPANY1N LATUMNILLS,CALIFORN � T (714 " r
Umhd Power of AHarney Exp7ral.: /04/95- CA26 DateAppplrov 74ad:/ 04194
Approved by: R.L. Thiel
fePawnl' IRkrtWiosF
Nameofprincipal:CREATIVE LIGHTING, INC.
Na mo of Obligee:
Doaofiptlon(s):
Locatbn. til Aoolfabteli -.
KNOW ALL MEN BY THM PRTiOnthdO00RACTGRSBDIDWG AND NSURMICE�AIII�NY �wporahan QPy,Qrgap�yQAad @Rapp uncia ms lowaof fhe,�IMojyyshilntpR and having fi principal office
inSsdtl% Kup County Wahirgta,doas byttuse presents make, cnsalun and appoint U/iVl L (.ULt7Y;I(�1�JUIV of AIVE1 !i Y:1M UA
it's an and lawful eharayinlaG,with full pow and authority hereby confined in its rams, plea and stud to=scan, NIOQW ripe and d*Wwthebond(s)described above; and to tsndthe Compsrrythwebya fully
and to the seruaxMtws inch such bond was signed bythe President. rled with thecomporets sed of thsComperryand duly wheeled by its Secrdwr hereby ratifying and confirming @Other Na yserdanprpwyan fed4
myelo in Nopremius. Sid appoissunt is made underend by eunwmityofthakwd
fdmg resolutions adopted bythaBoamd ofDrsdcrs of OONTRAC1ORSINCIDelf AIDN9URANCE COMIMYon 4 111 ��Y9
RESOLVED that the President is authorized toes appoint as attoms io-fed of the Comping V I D L. CULBERTSON
PP Y•
behalf Thiel or Barbara Thiel. the Company those seamy bands which may from time fotime be approved by R.L. Thiel or Barbara Thiel, in such penal sums and acoordingfosuch with psenr and suthorityto sign on
by RL conditions as may be approved
RESOLVED FURTHER that each Power of Attorney must est forth the specific description of the bond to which 0 applies, the memo of the principal, the name of the oblgee. the panel sum, the
bond number (except for a bid bond when therms no number), the identifying number of the atnrny-in•fad, the identifying number of the Power of Attorneg and the now and signet" of
R.L. Thiel or Barbara Thiel; and may set forth the dowdption and amount of additional mine urmco or collateral, N any.
RESOLVED FURTHER the RL Thiel or Barbara Thiel is authorized to establish a specific exp irstlon date for the Power of Attorney end to modify that Bete from time to time a RL Thiel or
Barbara Thiel deems necessary in his /her son discretion; the applicable expiration date to be dearly set forth in any within Power of Attorney.
RESOLVED FURTHER that. except as otherwise provided in the immediately succeeding resolution, under no circumstances shall: (a) the contract amount for my bid, payment, performance,
or combinedon payment and performance bond (iA. a performance and payment obligation in oa bond form) exceed 91,251,000 if the bond is guaranteed by the Small Business Administration;
(b) the panel sum of any bond not guaranteed by the Small Business Administration (other Nan a bid bond which is further restrcnd by clause (c)) exceed 99,000AM; and (c) a bid bond which
is not guaranteed by the 9=11 Business Administration be executed for a job when, if the contract is awarded, the bond ponehy on any performena bond, payment bond, or combination
performance and payment bond (iw., a performance and payment obligation in ose bond form) to be executed punusnt to the bid bond is to exceed 99,00.000.
RESOLVED FURTHER that the &bow named Attomeyan4oct is granted power and adhodty to exceed the oppliabts panel Ilmits set forth in the immediately preceding resolution far any bond
in an amount equal to the amount of any additional reinsur&nce or of any ash, letter of credit or other security received as collateral security by the Company as inducement to issue the bond,
to long as the description and amount of additional reinsurance or collateral an set forth in the Pow of Attorney.
RESOLVED FURTHER that the authority of the Secretary of the Company to certify the authenticity and effectiveness of the foregoing resolutions in any Limited Power of Attorney is hereby
delegated to the following persons, the signature of my of the following to bind the Company with respect to the authenticity and effe0vmsss of the foregoing resolutions as if signed by the
Secretary of the Company: RL Thiel, Barbara Thiel or Ann Cmul.
PESOLVED FURTHER that the signatures (including artiHation that the Power of Alto may is still in fora and effect) of RL Thiel or Barbara Thiel, and Notary Public. and the corporate and
Notary *eels appearing on any Limited Power of Attorney comsining this and the foregoing resolutions as well as the Um had Power of Attorney hull as well as its transmission, may be by
facsimile; and such Limbed Power of Attorney shall be deemed an original in ell aspeds.
RESOLVED FURTH0 that all resolutions adopted prior to today appointing the above named as ehomey4n4ad for the Company en hereby superseded.
IN WITNESS WHEREOF,ICOr1SRACTORS BONDING AND INSURANCE COMPANY ha caused these presents to be signed by R.L. Thiel and Barbara Thiel, and its corporate soil to be hereto
affixed9 �y 11 �y YY 44
CONTRACTORS
R.L. Thiel rM— F
SEAL
STATE OF CALIFORNIA — COUNTY OF ORANGE
LANCE COMPANY
tx Thai
on 4/11/94 ,1bf.1nw Y.londa2.Vega, a Notary Public in and for the Stele of California, County of Orange, personally appeared RL Thiol and Barbara Thiel, personally known to me to be
the persons whose names are subscribed to the within Limited Power of Attorney and acknowledged to mal that they executed the same in their suthorind apchns and that by their signsians on the
Limited Power of Attorney CSD aeeutsd the Limited Pow of Attorney.
IN WITNESS WHEISOR 1 have hereunto set
7 ,w �OMNGE COUNIY
My cows*. EmrnHams DEC 2. 1007
The undersigned, siting under authority of NeBoarrs of CONTRACTORS BOIDNG AND N
BONDING AND INSURANCE COMPANY, Mat the above end foregoing is a full, true and correct copy of l
Power of Attorney is still in force and offecf.
GIVEN under my#app, at 9Hills, CA this 04
written.
XIMPANY, hereby aHdor5s or in lieu of Cwfifi
Power of Attorney is ed by said Company, and
day of OCT
A114BIPI990)
1g 9 4