Project 129 - Payment Bond - Newport Court LLC - 2008-09-22 F "Admitted, Best's A— VII'
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PAYMENT BOND
Premium included in Performance Bond
BOND NO 0472749
COSTA MESA SANITARY DISTRICT
PAYMENT BOND
(LABOR AND MATERIAL BOND)
(Private Contract)
KNOW ALL MEN BY THESE PRESENTS.
THAT WHEREAS, COSTA MESA SANITARY DISTRICT, a California sanitary
district, by General Regulations of the Board of Directors, adopted as District
Operations Code Section 7.05.030, requires that a Labor and Materials Bond be
maintained ensuring that laborers and materlalmen are paid on said job, and
WHEREAS, Newport Court, LLC
(NAME OF CONTRACTOR)
1700 Kings Rd , Newport Beach, CA 92663
(ADDRESS OFCONTRACTOR)
hereinafter designated as the "Principal' has entered into a Contract for the work
described as follows:
Construction of units on lot 9 in tract No. 456, Orange County
(Jos NAME AND JOB ADDRESS)
WHEREAS, said Principal is required by the provisions of said contract and of
the Civil Code to furnish a bond In connection with said contract, as hereinafter set forth.
NOW THEREFORE, WE, the undersigned CONTRACTOR, as Principal and
International Fidelity Insurance Company 13400 Sabre Springs Parkway Suite 270 San Diego CA 92128
(NAME AND ADDRESS OF SURETY)
duly authorized to transact business under the laws of the State of California, as Surety
are held and firmly bound unto the Costa Mesa Sanitary District, in the penal sum of.
Thirty Four Thousand Pour Hundred Forty Dollars
(534,440 00 1, said sum being not less than one hundred (100%) percent of
the estimated amount payable under the terms of the contract for which payment well
and truly be made, 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 said Principal or his
subcontractors, or the heirs, executors, administrators, successors or assigns thereof
shall fail to pay any of the persons named in Section 3181 of the Chill Code of the State
of California for any materials, provisions, provender or'other supplies used in, upon, for
or about the performance of the work contracted to be done, or for any work or labor
performed by any such claimant or any amounts required deducted, withheld, and paid
over to the Franchise Tax Board from the wages of employees of the CONTRACTOR
and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code,
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with respect to such work and labor than said Surety will pay for the same, In an
amount not exceeding the sum set forth herelnabove, and in addition, In case suit Is
brought upon the bond, will pay a reasonable attorney's fee to be fixed by the court.
This bond shall Inure to the benefit of any and all persons named in the aforesaid CMI
Code Section 3181 so as to give a right of action to them or their assigns In any suit
brought upon the bond, Said bond shall be exonerated 35 days after the Notice Of
Completion is recorded unless any pending claim remains unresolved.
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 hereby waives notice of any and all such changes, extensions of time, and alterations
or modifications of the contract documents andlor of the work to be performed
thereunder
All signatures shall be properly notarized and a properly authenticated power of
attorney must be submitted.
IN WITNESS WHEREOF we have hereunto set our hands and seals this 22nd
day of September 2008
CONTRACTOR
Newport Court, LLC
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in accordance with the Contract rtbed above, all bonds shall be Issued by an
admitted surety Insurer and the District reserves the right to object to any such surety in
accordance with Code of Civil Procedure Section 995.660.
By signing below Surety certifies that the bonds are issued by admitted surety
SURETY
By_
Cornpa y Representative Richard Hallett, Attorney-In-Fact
APPROVED AS TO FORM:
By/s/
Alan R. Bums, strict Counsel
Costa Mesa Sanitary District ,y_utb
2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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/ Dale He In art Name nri Title of he OIIm
personally appeared
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who proved to me on the basis of satisfactory evidence to
be the person(tal whose name(g') is/are subscribed to the
within instrument and acknowledged to me that
he/she/tWiey executed the same in his/her/their authorized
capacity(i9s), and that by his/her/4ir signatures on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
` ' Ii �%_ Commission•1666365 of the State of California that the foregoing paragraph is
Notay Prygp Cayfpryo t true and correct.
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anEally_enIQ WITNESS my hand and official seal.
Signature
Pla Notary Seel Abov Knatu of Notary Public
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 Do�ummIennt ]� //^�
Title or Type of Docum nt: 4: 51. !61/ -Uz"�`-"�- oi{7a 7�f9 _
Document Date: /d-/a' d�O" Number of Pages. 3--
Signer(s) Other Than Named Above: /Up
Capacity(ies) Claimed by Signer(s)
JSigner's Name: 2/M v J I/ 4 ''t)P Sig 's Name:
❑ Individual ❑ Individ
❑ Corporate Officer—Title(s): ❑Corporate 0 -r—Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Lim! •• ❑ Gene
RIGHT.THUMBPRINTI RIGHTTHUMBPRINT
❑ Attorney in Fact OF SIGNER ❑Attorney in Fact - .OF SIGNER
ID Top of thumb h ❑Trustee Top of thumb he
❑ Guardian or Conservator "5 ❑ Guardian or Con • vator
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I KNOW'ALL'1\fEN BY TFIESE PRESENTS: That INTERNATIONAL FIDELITY.INSURANCE'COR/PANY a•corporation organized and existing :-S••p laws of the State of New Jersey and having its principal office in the City of Newark;.Net Jersey heieby:consntute and appoint' - .-
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. RICHARD HALL+ET1 MARILOU KRAFT TIMOTHY MCCLELLAN' AIDAN.SMOCK', KATHLEEN'VANDERSLICE
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San Diego, CA.
Its true and lawful attorney(s)-in-fact.to execute,seal and deliver for and on its behalf as surety airy and all bonds and undertakings,contracts of indemnity and
other writings obligatory In the nature thereof, which are or may be allowed, required or rmitted by law stature, rule, regulation,contract or otherwise, and
the.execution of such,instrument(s) in.pursuance of thes presents shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE
COMPANY as fully and ply to all inte its and purposes, as if the same had been duly executed and acknowledged by Its regularly elected officers at'its
.principal office. '
,This Power of Attorney is executed,and may be revoked, pursuant to and by authonty of Article 3-Section 3, of the By-Laws adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February 1974.
The President or any Vice President, Executive Vice President,Secretary or Assistant Secretary shall have power and authority
(1)To appoint Attorneys-in-fact,and to authorize them ft execute on behalf of the Company and attach the Seal of the Company thereto,bonds and
undertakings,contracts of indemnity and other writings obligatory in the natur thereof and,
(2)To remove, at any time,any such attorney-in-fact and revoke the authority given i
Further, this Power if Attorney is signed nd sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting
duly called and held on the 29th day of April, 1982 of which the following is a true xcerpt:
Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by
facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any
such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upo the Company in th future with respect to ny
bond or undertaking to which It is attached.
�E�iTY Or IN TESTIMONY WHEREOF INTERNATIONAL FIDELITY.INSURANCE COMPANY has caused this instrument to be
k\ (/,p signed and its corporate seal to be affixed by its authorized officer this 16th day of October, A.D 2007
OAPU L `'may INTERNATIONAL FIDELITY INSURANCE COMPANY
a.o �' SEAL `� m ,
6 Z 1904 O STATE OF NEW JERSEY s`.=Y // % ,C �
County of Essex
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Secretary
On this-16th day of October 2007 before me came the indi idual who executed the preceding instrument, to me personally known, and, being by me duly
sworn,said the he is the therein described and authorized officer of the INTERNATIONAL:FIDELITY INSURANCE COMPANY;that the seal affixed to
said instrument is the Corporate Seal of said Company that the said Corporate Seal and his signature vere duly affixed by order of the Board of Director of
said Company
P MARq♦- IN TESTIMONY WHEREOF I have hereunto set my hand affi ed iy Official Seal,
G.,6. ,at the City of Newark, New Jersey the day and year first abut written
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ti. r.I,the undersigned officer ofINTERNATIONAL FIDELITY INSURANCE COMPANY do he eby,cenify that I hay compared the foregoing copy of the +.
'° .Power.of Attorney and affidavit;;and�,the copy of the Section of the By-Laws of said Company as set forth in said Power of:Attorney`with the ORIGINALS ON / r71
��' IN THE HOME'OFFICE,OF SAID COMPANY and'diat,the Sane are correct transe'npts thereof, nd oldie whole of the said Drier als,-and that the said Power\
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of Attorney_has not been revoked and;is now in,fuIl•force znd•.effect -"f- i__rcr
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y INTESTIMONY WHEREOF I have hereunto set my hand 22nd Y;of September;:20)8 nf ' r•
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of San Diego
On September 22, 2008 before me, Tim McClellan, Notary Public
Dale He In rl Name nd Title of the 011i
personally appeared Richard Hallett
Name(s1 of Sign r(s)
who proved to me on the basis of satisfactory evidence to
be the person(3 whose nameK) isf?1re subscribed Jo the
within instrument and acknowledged to me that he/ e/tt4t¢y
executed the same in his/Nr/ticir authorized capacity(4e),
TIM MCCLELLAN (( and that by his/I /tllr signature signaturA on the instrument the
�p Via. COMM.11 1640231 person(, or the entity upon behalf of which the person(> '
91°' '^,T- NOTARY PU6uoCALUFONNiA in acted, executed the instrument.
1 • SAN DIEGO COUNTY
R`r-r% MY COMM ExP JAN.22,2010 t
11 I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my hand and official seal.
Signature FtY C
Place Notary Seal Above Signalu of Notary Pt]b lc�
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:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s)' ❑ Corporate Officer—Title(s):
❑ Partner—❑Limited LI General ❑ Partner—❑ Limited❑ General
l� Attorney in Fact - • • 1 r : • • ❑ Attorney in Fact RIGHTTHUMBPRINT
OF SIGNER OF SIGNER "&`
❑ Trustee Yi` IRF „,.,, ,,,,,.S", &` ❑ Trustee a"�.� .
❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here
❑ Other ❑ Other
Signer Is Representing: Signer Is Representing
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