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11-0215_VILLIAGE ALIPAZ_Subdivision Labor and Material Bond• Bond No. SB016000243 Premium: Included in cost of Performance bond. SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE 66499.2) KNOW ALL MEN BY THESE PRESENTS, that First American Title Company, a California Corporation (hereafter designated as "Principal"), agrees to install and complete certain designated public improvements more particularly described as follovirs; Tract no. 16186 On-Site Improvements for Street, Water. Sewer. Storm Drain and Monumentation. WHEREAS, said Principal Is required to furnish a bond for the faithful performance of said improvements; NOW, THEREFORE, we, the Principal are held firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of One Hundred Thirteen Thousand One Hundred Bqhtv Eight and no/100 Dollars, ($113,188.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of Ifiis obligation is such that if the above bound Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions per City Council Resolution No. 05-08-16-03, on his or their part, to be kept and performed at the time .and in the manner therein specified, and in ail respects according to their true intent and meaning, and shall indemnify and save haimiess the City, its offers, agents and employees as therein stipulated, and, as RELEASED Date;Js|ffli£ Signature City Clerk city of San io,CA Page 1 of 3 necessary enter into a Subdivision Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, 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 City in successfully enforcing such obligation, all to be taxed as costs and included in any Judgment rendered. 2. Said Principal hereby stipulates and agrees that no change, extension of time, alteration, or modification of the terms of the agreement or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration or modification of the terms of the agreement or of the work or to the specifications. 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 herein named on the 19f day of October, 2010, 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. Page 2 of 3 PRINCIPAL First American Title Company, a California Corporation (NORTARiZATION AND SEAL) APPROVED AS TO FORM: SURETY BY Omar Sandoval, City Attorney (NORTARIZATION AND SEAL) NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 Otange f?»ty?ii_ OCT 1 B 20tQ Melissa A. Lopez, Notary Public ©aBaaaagfijr^^^^^^ ms mmr^msmmsTmiMmistifm: Jaaina Monroe vvttdjp'rovedSorWe oil ftfeibasis'OfJsatfefabtocyrWtdfencelto be^Ehe •person.t^iwHbsd fiarbets^isAtfe^ub'scribed'itd tPfe iiyiWn instrument arid ackribwiedped to meVthat'hefeh^ j3brson(s:}i pT- tHeiierjtity uppri; bbhalf oTwhictiithe f.eV-sprl(i§. gete#e3^uteditiie iihstrurrientj 1 cerfifyttnttefmMiirvSSRii the.i3tat8:,pf:c^.{o^|''" aridi'cortbbi fHf&§g^j3Mirif^at|pl^^ Janina Monroe •iiEaiifisrT^D Urhfecl • Geneial D'iTrasteb •AQBatdlalrt-mfeoftSemtOr. •rfEaftftef'T^D limited • (Sbneial ••iffnuSeb ommm • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of O^^^g^ } On nci-r>'hpr ?H, ?mn before me, personally appeared, Karen DAhl- Notary Publl ^"^^^^•'•Rere Insert Name and Title of Sen Offioer Curt A. Caspersen Namo{s) of Signer(s) KAREN DAHL Commission # 1811650 Notary Pobiio - Caiifornla | Orange County mmi ^jyCwm^^^res Sep 25,2012 "•SMS" who proved to me on the basis of satisfactory evidence to be the person(sf whose namq(s) is/ajr-d" subscribed to the within instrument and acknowledged to me that he/s)id/tj3dy executed the same in his/bdV/tbdir authorized capacrtyfi^, and that by his/bdr/tbefr signature's) on the instrument the person's), or the entity upon behaif of which the personjs) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notaiy Seal Above WITNESS my hand and^fficial seal. Signature orN6lar PuUio Signature OPTIONAL Though the Information below Is not required by law, ft 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: Bond . Document Date: . Number of Pages:. Signer(s) Other Than Named Above; Janina Monroe Capacity(ies) Claimed by Signer(s) Signer's Name: Curt A. Caspersen • Individual a Corporate Officer—Titie(s): . • Partner —• Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer is Repre.senfing: f^^fXCO RIGHTTHUIVIBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Titlefs); • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer is Representing: RIGHTTHUMBPRINT OFSIGNER Top of thumb here ©2007NalIonalNotatyAssodatioif93S0DeSotoAve.,P.O.Box2402-Chatsworth,CA 913f 3-2402 •www.NatlondNatary.org llem«5907 ReonienCaJITolhRBe 1-800-876-6827 • ULLICO Casualty Company 1625 Eye Street, N.W. Washington D.C. 2OO06 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That ULLICO CASUALTY COMPANY (the Company), a corporation organized and existing under tlie laws of the Stale of Delaware, does hereby constitute and appoint; JANINA MONROE, PAUL B. BOUCHER, THOMAS G. MCCALL, TIMOTHY J. NOONAN, JEREMY YEUNG of LOCKTON COMPANIES, LLC Its true and lawful Attorney (s) In fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatoiy in tlie nature thereof) issued in the course of its business and to bind the Company thereby, in an amoimt not to exceed $5,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of ULLICO Casually Company at a meeting duly called the ISfii day of July, 2009. RESOLVED; That the Board of Directors hereby authorizes tire President or any Vice President of tlie Company to: (f) Appoint Attomey(s) in Fact and autlrorize the Attomey(s) in Fact to execute on behaif of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company tliereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke tire authority given. And, be it FURTHER RESOLVED: Tliat the signatures of such officers and the sea) of the Company may be affixed to any such Power of Attorney or ceitifioate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, ULLICO CASUALTY COMPANY has caused this instrument to be signed mi its corporate seal to be affixed by its autliorized office this July 16"', 2009. RfteSIDEKT Daniel Aronowitz President ULLICO Casualty Company, a Delaware Corporation. On this 16'"' day of July 2009, before me came the individual who executed tire preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the ULLICO CASUALTY COMPANY; tlrat the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. notary Pubtic CATHERINE M. OBRIEN NOTARY PUBLIC STATE OF MARYLAND MONTGOMERY COUNTY MY COMMISSION EXPIRES JANUARY 21, 2012 CERTIFICATE I, Teresa E. Valenline, Senior Vice President, General Counsel and Secretary of ULLICO Casualty Company, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this I6th day of July 2009 are true and correct and are stil! in full force and effect. 1 do further certify that that Daniel Aronowitz, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of ULLICO Casualty Company, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this, .day of QCT 1 0 2D1Q Teresa E. Valentine Senior Vice President, General Counsel & Secretary ULLICO Casually Company