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HomeMy WebLinkAboutAgr 2007-06-07 (Anolik 280 Roundhill Road) JUN 1 2 7007 FAITHFUL PERFORMANCE BOND (Subdivision Improvements) Bond No. : Premium: 4361060 $5,944.00 WHEREAS, Jason Lehman and Alexander Anolik (herein designated as "principal"), and The Town of Tiburon (herein designated as "obligee") have entered into an agreement whereby principal agrees to install and complete certain designated Subdivision Improvements, which said agreement, dated 220d , March, 2002 and identified as project Vista Golden Gate Estates (Anolik) , is hereby referred to and made a part hereof; and, WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and SureTec Insurance Company, as surety, are held and firmly bound unto the Obligee in the penal sum of Two Hundred and Seventy Two Thousand Two Hundred 00/100 dollars ($ 272,200.00) lawful money of the United States, for the payment of which sum well and truly be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or it's 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 in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Obligee, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. This bond will remain in effect until the Principal has performed all obligations required by Obligee in connection with said improvements. 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 Obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the speci fications, however, the Surety shall not be liable for a greater sum than the amount specified in the bond.. 3033 Fifth Avenue · Suite 300 · San Diego, CA 92103 619-400-4100 · Toll Free 800-288-0351 · Fax 619-400-4101 In witness whereof, this instrument has been duly executed by the principal and surety above named, on June ih,2007. Principal Address of Principal: 280 Round Hill Rd CA, 94920 :a:~.~:? ~ ~.~ ,.- Tiburon Address of Surety: 3033 5th Ave., Suite 300 San Diego, CA 92103 619-400-4100 Surety By: Jam s R Olsen, Attorney-In-Fact ~-- Acknowledgment by attorney-in-fact must be attached. APPROVED AS TO FOR I ~..,,/' ~ /~-_..".,. ~ - ------ ANN DANFORTH TOWN ATTORNEY TOWN OF TIBURON 3033 Fifth Avenue · Suite 300 · San Diego, CA 92103 619-400-4100 · Toll Free 800-288-0351 · Fax 619-400-4101 POA#: 510031 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Mel, by These Presents, That SURETEC INSURANCE COMPANY (tbe "Compa.ny"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Hanis County, Texas, does by these presents make, constitute and appoint James R. Olsen of Canoga Park, CA its true and lawful Attomey(s)-in-fact, with full power and authority hereby confened in its name, place and stead, to execute, acknowledge and deliver any and aU bonds, recognizances, undertakings or other instruments otcontracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confIrming all that the said Attomey(s)-in-Fact may do in the premises. Said appointment shall continue in force until 1 0/31108 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice*Presidcnt, any Assistant Vice-Pre&ident, any Secretary or any Assistant Secretary shaH be and is hereby vested with full power and authority to appoint anyone or more suitable persons as Attorney(s}-in*Fact to,rcprescntand act for and on behalf ofthe Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to. execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or tenninating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power ofattomey or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2(jh of April. 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. ~.uI"~ .. :UMNC~"~ () "i:~:S~.".'~. ....~.....~... Q.o ... . 4J! "<t \~ ~ i w } ~f ~\ ~ ,;is \P \... J. ./ ~'I .....:V' On this 20th day of June, A.D. 2005 before me personally came BJ. King, to me known, who, being by me duly swom, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY~ the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. State of Texas County of Harris 5S: By: August 27. 2008 .'MitMeJU. ~ Michelle Denny, Notary P lic My commission expires August 27, 2008 I, M. Brent Beaty, AssistantSecretary ofSURETEC INSURANCE COMPANY, do hereby certifY that the above and foregoing is a true and correct copy of a Power of Attomey, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect Given under my hand and the seal of said Company at Houstorl, Tex:ls this _~ day Any Instrument Issued in excess of the penalty stated abov~ is tt\tally void and without any validity. For verification of the authority of this power you may call {713) 812..Q8->0 any bu~iness day between 8:00 am and 5:00 pm CST. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of LOS ANGELES On 06/07/2007 } ss. } ss. Date , before me, Brvant Evan Spieqler- NOTARY PUBLIC Name and Title of Officer (e,g., "Jane Doe, NOTARY PUBLIC" personally appeared James R. Olsen J-------------- i@ CS:=~ S::;~3~ 1 !. Notary PubUc . Cantomla j J LOI Angelea County - 1_ _ _ ~:"':"':.~_~~~ol Place Notary Seal Above ATTORNEY-IN-FACT Ii!I personally known to me o 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 instrument. 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: o Individual o Corporate Officer - Title( s): o Partner - 0 Limited 0 General fjJ Attorney in fact o Trustee o Guardian or Conservator o Other: Signer is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER Top of Thumb here iiJ 1999 National Notary Associauon' 9350 De Sow Ave" P.O. Box 2402' Chatswonh, CA 91313-2402' www.nationalnotary,org Prod, No,5907 Reorder: Call Toll-Free I-HOO-X76-6827 SUBDIVIDER'S PAYMENT BOND (Subdivision Agreement) Bond No. : 4361060 Premium: $Included on Performance Bond WHEREAS, WHEREAS, Jason Lehman and Alexander Anolik (herein designated as "principal"), and The Town of Tiburon (herein designated as "obligee") have entered into an agreement whereby principal agrees to install and complete certain designated Subdivision Improvements, which said agreement, dated 22nd, March, 2002 and identified as project Vista Golden Gate Estates (Anolik) , is hereby referred to and made a part hereof; and, WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the The Town of Tiburon to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, said principal and the undersigned as corporate surety, are held firmly bound unto the The Town of Tiburon and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Two Hundred and Seventy Two Thousand Two Hundred 00/1 00 dollars ($272,200.00), for materials furnished or labor thereon of any kind, or for amounts due the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein 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 15 (commencing with Section 3082) of Part 4 of Division 3 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 shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. 3033 Fifth Avenue · Suite 300 · San Diego, CA 92103 619-400-4100 · Toll Free 800-288-0351 · Fax 619-400-4101 In witness whereof, this instrument has been duly executed by the principal and surety above named, on June ih ,2007. Address of Principal: 280 Round Hill Rd Tiburon CA 94920 Address of Surety: 3033 5th Ave., Suite 300 San Diego, CA 92103 619-400-4100 Acknowledgment by attorney-in-fact must be attached. f !' ,I. t' i \ APPROVED AS TO FOR~~ --~;? ~-? //..- -......, ANN DANFORTH TOWN ATTORNEY TOWN OF TIBURON Principal Jason Lehman and Alexander Anolik Surety B 3033 Fifth Avenue · Suite 300 · San Diego, CA 92103 619-400-4100 · Toll Free 800-288-0351 · Fax 619-400-4101 t POA #: 510031 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Ranis County, Texas, does by these presents make, constitute and appoint James R. Olsen of Canoga Park, CA its true and lawful Attomey(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and an bonds, recognizances, undertakings or other instruments otcontracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confIrming all that the said Attomey(s)-in-Fact may do in the premises. Said appointment shall continue in force until 10/31108 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assist.<,mt Vice-Pre&ident, any Secr~tary or any Assistant Secretary shan be and is hereby vested with full power and authority to appoint any one or more suitabJepersons as Attomey{s)-in-Fact to,rcprcsent and act for and on behalf of the Company subject to the following provisions: Attorney-In-Fact may be given full power and authority for and in the name of and of behalfof the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, .agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or tenninating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2rJh of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. ~...~"""""~ uAANc~... ~~iS~'~'~."'-;;~.~.o~.. . tjl w }$~' c;\ ~ I~ \fl""'. J. .~/ ~ ""'~V' On this 20th day of June, A.D. 2005 before me personally came B.J. King, to me known, who~ being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate Sea); that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. State of Texas County of Harris ss: By: August 27 t 2008 .~~~ Michelle Denny, Notary P lic My c0n11nission expires August 27, 2008 I, M. Brent Beaty, AssistantSecretary ofSURETEC INSURANCE COMPANY, do hereby certifY that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthennore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, fcxas tids 7th Any Instrument Issued in excess of the penalty stated above is totally void anll without any validity. For verification ofthe authority of this power you may taU (713) 812...0800 I:my business day between 8:00 am and 5:00 pm CST. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA } ss. County of LOS ANGELES } ss. On 06/07/2007 Date , before me, Brvant Evan Spieqler- NOTARY PUBLIC Name and Title of Officer (e,g" "Jane Doe, NOTARY PUBLIC" personally appeared James R. Olsen ATTORNEY-IN-FACT iii personally known to me o proved to me on the basis of satisfactory evidence (I BRYANT EVAN SPIEGLER _ CommIuIon # 1689438 I ..,. Notary PublIc . CaUtomIa Los Angeles County - j ~ _ _ ~~:.r~~2~20~ol 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 instrument. Place Notary Seal Above 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 Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General Ii) Attorney in fact o Trustee o Guardian or Conservator o Other: RIGHT THUMBPRINT OF SIGNER Top of Thumb here Signer is Representing: fJ 1999 National Notary Association .9350 Dc Solo Ave" 1'.0, Box 2402' Chatswonh, CA lJI313-2402' www,nationalnolary.org Prod. No.5907 Reorder: Call Toll-Free 1-800-H76-6827 Bond No.: 4361686 Initial Premium: $250.00 Premium covers 2 yr. term Annual renewal premium due Until bond released Monument Performance Bond KNOW ALL PEOPLE BY THESE PRESENTS: SureTec Insurance Company Jason Lehman and Alexander Anolik , as Principal, and That we, Town of Tiburon , as Surety, are held and firmly bound unto , as Obligee, in the sum Four Thousand 00/100 ________________________________________________n_____---- Dollars, ( $4,000.00 ) for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal entered into an agreement or agreements with said Obligee to complete; the project known as Vista Golden Gate estates (Anolik) agreement or agreements. specified in said NOW THEREFORE, the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement or agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without notice to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate se'al and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact on June 7th, 2007 Alexander Anolik --PnnClpal------------------- A~9Y~T() FORM ANN DANFORTH TOWN ATTORNEY TOWN OF TIBURON Jason Lehman Principal 2. ~ ~~ SureTe I suran~e__g~~!lry '.1" Surety ._-".-~/' ;? L. ,I ~,. ' <...---------- B' j' 1.1 ./ . I ~__~ Jame R Olsen Attorney-il-fact POA#: 510031 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by Tht:Se Presents, That SURETEC INSURANCE COMPANY (tbe "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, HatTis County, Texas, does by these presents make, constitute and appoint James R. Olsen of Canoga Park, CA its true and lawful Attomey(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and an bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company thereby as fUlly and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confll1l\ing aU that the said Attomey(s)-in-Fact may do in tbe premises. Said appointment shall continue in force until 1 0/31/08 and is made under and by authority of the following resolutions of the Board ofDirecto~ of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Se(;~tary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint anyone or more suitable persons as Attomey{s)-in-Fact t~ represent and act for and on behalf ofthe Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to. execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved. that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2r1' of April, /999.) In Witness Whereoj; SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. ~-lllll''''''1IitA \)MNC~.-t, ~ So ......~.... ~.~. . . ,...~.. '. 0 ~.f '''1-. "'f. .....\~.. ~ ! w 1 ~I ~\.. ~ I~..J \SI\..".. J. .../ Y '. .....;... ./ :l4hm$mtf./" On this 20th day of June, A.D. 2005 before me personally came BJ. King. to me known, who~ being by me duly sworn. did depose and say, that he resides in Houston, Texas, that he is Presi(jent of SURETEC INSURANCE COMPANY~ the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal. affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. By: State of Texas County of Harris ss: August 27. 2008 .~e.<<t,~ Michelle Denny, Notary.. lie My comlnissioD expires August 27, 2008 I, M. Brent Beaty, Assistant Secretary ofSURETEC INSURANCE COMPANY, do hereby certiry that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect Given under my hand and the seal of said Company at Ht)llstoo, Tex~s this 7th Any Instrument Issued in excess of the penalty stated above &$ totally void and wltl'iout any validity. For verification ofthe authority of this power you may call (713) 812-08"0 any bus~ness day between 8:00 am and 5:00 pm CST. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA } ss. County of LOS ANGELES } ss. On 06/07/2007 Date , before me, Brvant Evan Spieqler- NOTARY PUBLIC Name and Title of Officer (e,g., "Jane Doe, NOTARY PUBLIC" personally appeared James R. Olsen ATTORNEY-IN-FACT iii personally known to me D proved to me on the basis of satisfactory evidence ~ ~ - ~ - iRv~ EVAri~'1~LER .., f _@ Commlsalon # 1689438 I,,; Notary Pldc . CaUtomla ~ " Los Angel. County - J _ _ _ ~~~~24.:~Ot 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 instrument. Place Notary Seal Above 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 Signer's Name: D Individual D Corporate Officer - Title(s): D Partner - D Limited 0 General Ii) Attorney in fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of Thumb here Signer is Representing: (\) 1999 National Notary Association. 9350 Dc SOlO Ave" 1'.0, Box 2402 . Chatswonh_ CA l) 1313-2402 . www.nationalootary,org Prod. No,5907 Reorder: Call Toll-Free I-SOO-S76-6827