16-0425_ADAM, ABDU H._Survey Monuments BondBond No: PB12119600004
SUBDIVISION IMPROVEMENT AGREEMENT
SURVEY MONUMENTS BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of San Juan Capistrano, California ("City") and
Abdu H. Adam. ("Principal"), have
executed an agreement for work consisting of, but not limited to, the furnishing all labor,
materials, tools, equipment, services, and incidentals for the setting of survey monumentation
as shown in Parcel/Tract Map No. 17842 , which is not to be completed prior to the
recording of the final map or parcel map;
WHEREAS, the survey monumentation to be performed by Principal is more particularly
set forth in that certain Subdivision Improvement Agreement dated
April 25th 2016_, ("Improvement Agreement");
WHEREAS, the improvement Agreement is hereby referred to and incorporated herein
by reference; and
WHEREAS, Principal is required by the Improvement Agreement to provide a good and
sufficient bond to insure the setting of the monuments as required therein and payment to the
Engineer or Surveyor who sets such monuments thereunder.
NOW, THEREFORE, Principal and Philadelphia indemnity insurance Company ("Surety"), a
corporation organized and existing under the laws of the State of Pennsylvania ,
and duly authorized to transact business under the laws of the State of California, are held and
firmly bound unto City in the sum of
Twenty-one Thousand, One Hundred Twenty Six - DOLLARS ($ 21,126 ), said SUm
being not less than one hundred percent (100%) of the total cost of the setting of monuments as
set forth in the Improvement Agreement and payment due to the Engineer or Surveyor for
setting such monuments, we bind ourselves, our heirs, executors and administrators,
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that if 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, agreements, guarantees, and
warranties for the setting of survey monumentation in the Improvement Agreement and any
alteration thereof made as therein provided, to be kept and performed at the time and in the
manner therein specified and in all respects according to their intent and meaning, and to
indemnity and save harmless City, its officers, employees, and agents, as stipulated in the
Improvement Agreement, then this obligation shall become null and void; otherwise it shall be
and remain in full force and effect.
As 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.
Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration, or addition to the terms of the Improvement Agreement, or to any plans.
51147.02100\24632175.1
profiles, and specifications related thereto, or to the Public Improvements to be constructed
thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice
of any such change, extension of time, alteration, or addition.
This bond is executed and filed to comply with Section 66496 of the California
Government Code as security for installation and payment of survey monumentation as set forth
in the Improvement Agreement.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 29th day
of April , 2016 .
(Corporate Seal) Abdu H. Adam
Principal
By ;£/^4ml^utx^
Title Developer
(Corporate Seal) Philadelphia indemnity Insurance Company
Attorney-in-Fact - Micah Bleeciier
(Attach Attorney-in-Fact Certificate) Title Attorney-in-Fact
The rate of premium on this bond is $30 per thousand. The total amount of premibirr
charges is $ $4893.00 .
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to;
(Name and Address of Surety) Philadelphia indemnity insurance Company
231 Saint Asaphs Road, Suite 100, Bala Cynwyd, PA 19004
(Name and Address of Agent or M'ke Hall
Representative for service of 251 S. Lake Ave., suite seo, Pasadena, CA 91101
process in California, if different
from above)
(Telephone number of Surety 626-639-1323
and Agent or Representative for
service of process in California)
61147.()2100\24632175.1
54
PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St. Asaph's Rd., Suite 100 Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint: Micah Bleecher, Maria Bleecher, Damon Williams and Denise White of Micah Bleecher Insurance, Inc. DBA Pro Surety Bond, its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $25,000,000.00.
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 PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the 1" day of July, 2011.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf 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 thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And, be it
FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate 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, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 10™ DAY OF JUNE 2013.
(Seal)
Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company
On this lO* day of June 2013, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed.
CQMWONWEAlTtl OF PENttSYlVANIA
NArlEl sell
KWleriy A. KesstesW, Notaiy Public
Lower HelfwiTWp.MisBsaielyCaiity
tamnteiai expires Dec 18,2016
POmSYLVAMA ASSOClATlW OF WTAMES Notary Public:
(Notary Seal) residing at:
My commission expires:
Bala Cvnwvd. PA
December 18.2016
^»AS^ • I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resol^qn-qf ithe^^oiiP., ' Directors and this Power of Attorney issued pursuant thereto on this 10™ day of June 2013 true and correct and are still in full force and effect-5"dgji)jiier^rtiy tllat "\Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the d3:^eiited^'^§ident of \ PHILADELPHIA INDEMNITY INSURANCE COMPANY, sSi'^•'V-. • -"^
T., T.-..^™,,.,.. lin.«™«f*T c„..« ....c .'I—J _ 1-cc: j *i c i _iY LA- iL:_ *2 Q TV daV of tl^ty^i/I^ C ^TSTirwj^i A -In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 2- ?
5 %£* • "' 192? "'-^^^ i '"I
"'V-.'t.L
Edward Sayago, Corporate Secretary
PHILADELPHIA INDEMNITY INSURANCE COMPANY
.^TATFOF Nevada
COUNTY OF £1^
On April 29, 2016 before me, Susan DeMauro
(here insert name and title of the officer)
personally appeared Micah Bleecher
personaliy 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/herAheir authorized
capacity(ies), and that by hisAierAheir 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.
Slgnature_ JSEAL)
OPTIONAL
SUSAN DEMAURO
NOTARY PUBLIC, STATE OF NEVADA
My Comminion Expires: 09-19-17
Oai1it!cateNo:13-1ie44-1
This area for Official Notarial Seal
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