16-0425_ADAM, ABDU H._Payment BondBond No: PB12-119600004
SUBDIVISION IMPROVEMENT AGREEMENT
PAYMENT (LABOR AND MATERIALS) BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of San Juan Oapistrano, 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 all grading, roads, paving, curbs and
gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls,
landscaping, street lights, and all other required facilities for Parcel/Tract Map No.
17842 ("Public Improvements");
WHEREAS, the Public Improvements to be performed by Principal are more particularly
set forth in that certain Subdivision Improvement Agreement dated
April25 2016, ("ImprovementAgreement");
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein
by reference; and
WHEREAS, Principal is required by the Improvement Agreement before entering upon
the performance of the work to provide a good and sufficient payment bond to secure the claims
to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of
the California Civil Code.
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 and all contractors, subcontractors, laborers, material suppliers, and
other persons employed in the performance of the Improvement Agreement and referred to in
Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the California Civii Code in the
sum of One Hundred Forty-one Thousand, Nine Hundred Sixty
DOLLARS ($ 141,960 ), said sum being not less than one hundred
percent (100%) of the total cost of the Public Improvements as set forth in the Improvement
Agreement, for materials furnished or labor thereon of any kind, or for amounts due under the
Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the
same in an amount not exceeding the amount hereinabove set forth.
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.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of
any and all persons, companies, and corporations entitled to file claims under Title 3
(commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of
action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shafi become
null and void, othenwise it shall be and remain in full force and effect.
61147.02100\24632175.1
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,
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 66499, et seq., of the California
Government Code as security for labor performed and materials provided in connection with the
performance of the Improvement Agreement and construction of the Public Improvements.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 29th day
of April ,2016 .
(Corporate Seal) Abdu H. Adam
Title Developer
(Corporate Seal)
(Attach Attorney-in-Fact Certificate)
The rate of premium on this bond is
charges is $ $4,893 \
Philadelphia Indemnity Insurance Company
Sun
By %7W^jZ
Attorney-in-Fact - Micah Bleecher
Title Attorney-in-Fact ~ ."--
$30 per thousand. The total amount of premium
(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 Mike Hall
Representative for service of 251 S. Lake Ave., suite sec, Pasadena, OA 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)
61147.02100\24632175.1
53
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'Leaiy 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.
COMWOWIEAITH OP PENWSYLVAUlA MotarMSul Kimbalr A. K&slcskl, Nolaiy Public UMcrMelloiTKp. MiatiriSKlr County Hy Cwmtalai Excb«s Dec IB, M16
HBOtS, KWBVLVAUI* ASSOOAnON Of WHAIIIES Notary Public:
(Notary Seal) residing at:
My commission expires:
Bala Cvnwvd. PA
December 18.2016
I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 10™ day of June 2013 true and correct and are still in fiill force and effected do further certigi that Robert D. O'Leaiy Jr., who executed the Power of Attorney as President, was on the date of execution of the -'• .....J'.-... j«. PHILADELPHIA INDEMNITY INSURANCE COMPANY,
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this ^ 9
^^^^^ By^-r^
IS? 2 92? i Edward Sayago, Corporate Secretary '''?v''''"'---^'1o.,V -i? V^A^'^t'^^.fi^/ S-i PHILADELPHIA INDEMNITY INSURANCE COMPANY '^'^'C^''" •<<^>^
J^J" .A-'"^'
f=;TATFnF Nevada
COUNTY OF
On April 29, 2016 ^ before me, Susan DeMauro
(here insert name and title of the officer)
personaiiy appeared Micah Bleecher
personaiiy 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 his/her/their 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.
Signature, .(SEAL)
OPTIONAL
SUSAN DEMAURO
NOTARY PUBLIC, STATE OF NEVADA
My Commission Expifss: 09-19-17
Csrtiiicats No: 13-11844-1
This area for Ojficial Notarial Seal
Though 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.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
• INDIVIDUAL
• CORPORATE OFFICER
TITLE(S)
• PARTNER(S) • LIMITED
• GENERAL
• ATTORNEY-IN-FACT
• TRUSTEE(S)
• GUARDIAN/CONSERVATOR
• OTHER:
TITLE OF TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTiTY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
ALL-PURPOSE ACKNOWLEDGEMENT