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Labor and Material Bond

Riverside City Council
October 11, 2022

Document
Labor and Material Bond
Meeting
October 11, 2022
Body
Riverside City Council
Original file
2.6 MB
Text extracted from the city's file for reading and search. Open the original on riversideca.legistar1.com. That file is the official record.

Surety Bond No. K40570044
Premium charged is included in charge for performance bond

LABOR AND MATERIAL BOND
(CONSTRUCTION)
Beazer Homes Holdings, LLC, a Delaware limited liability company of CaliFOrnS, an Ceases River de, a muted pal corporatorstate have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated March 16, , 2022, and identified as Agreement for Construction of Improvements for project designated as Tract 37626, 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 City of Riverside 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 Federal Insurance Company , a corporation organized and doing business under and by virtue of the laws of the State of , and duly licensed by the State of California for the
of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of California, as Surety, and held firmly bound unto the City of Riverside and contractors, subcontractors, laborers, material suppliers 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 Six Hundred Thirty-Six Thousand Seven Hundred and 00/100 dollars ($636,700.00) for materials furnished or labor thereon of any kind, or for
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 expenses and fees, including reasonable attorney's fees incurred by the City of Riverside in successfully enforcing such obligations, 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 thereby 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 1 311-59/CL 427B (Rev. 6/88)
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.

WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named on March 17th _ 2022.

Beazer Homes Holdings, LLC, a Delaware
limited liability company Federal Insurance Company
Principal
sure Kunham
Attorney-in-fact Tracy Aston
Christopher P. Courtney
Its: Authorized Signatory - West Region 555 S. Flower Street, Suite 300 Address of Corporate Surety
310 Commerce, #150
Irvine, CA 92602 Los Angeles, CA 90071
City Zip Code
Approved as to Form: 213-612-5704
Phone
By: Aon Risk Insurance Services West, Inc.

Anthony L. Beaumon Producer (Bond Issuing Agent)
Deputy City Attorney 707 Wilshire Blvd., Suite 2600
Address
Los Angeles, CA 90017
City Zip Code
213-630-3200
Phone
NOTE: Signature of Attorney-in-fact to be acknowledged before a Notary Public.

Attach Power of Attorney.
2 311-59/CL 427B (Rev. 6/88)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Orange
on March 24,2022 before me, _ Jessica J. Nicholas, Notary Public Date Here Insert Name and Title of the Officer
personally appeared unnstopher courtney
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in "his/her/their authorized capacitytes), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the personts) 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.

JESSICA J. NICHOLAS WITNESS my hand and official seal.

Notary Public - California
Orange County
Commission # 2359402
My Comm. Expires May 29, 2025 Signature estica
o. nichyax
Signature of Notary Public
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Surety Bond #K40510044
Document Date: Number of Pages:

Signers) Other Than Named Above:

Capacity(ies) Claimed by Signers)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - O Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact ] Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:

Signer Is Representing: Signer Is Representing:
©2015 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of _ Los Angeles
MAR 1 7 2022
On before me, _ Meghan Hanes, Notary Public - personally appeared Tracy Aston who 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 capacityies), 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.

I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.

MEGHAN HANES WITNESS my hand and official seal.

COMM. #2280722
Notary Public - California
Los Angeles County
My Comm. Expires Mar. 12, 20238
Meghan tans
Signature
Signature of Notary Public
CHUBB
Power of Attorney
Federal Insurance Company | Vigilant Insurance Company | Pacific Indemnity Company Westchester Fire Insurance Company | ACE American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania, do each hereby constitute and appoint Rosa E. Rivas of Irvine, California; Tracy Aston, Samantha Fazzini and Meghan Hanes of Los Angeles, California; Eric Allen, Celeste Austria, Donnalyn Revis, Catherine A. Rueter and William F. Ward of San Francisco, California- each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations.

In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 3rd day of February, 2022.

Dawn M. Chloros. Assistant Secretary Stephen M. Haney, Vice President SEAR

STATE OF NEW JERSEY
County of Hunterdon SS.

On this 3rd day of February, 2022 before me, a Notary Public of New Jersey, personally came Dawn M. Chloros and Stephen M. Haney, to me known to be Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros and Stephen M. Haney, being by me duly sworn, severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that their signatures as such officers were duly affixed and subscribed by like authority.

Notarial Seal
KATHERINE J. ADELAAR
NOTARY

NOTARY PUBLIC OF NEW JERSEY
No. 2316685 Rich fade
Commission Expires July 16, 2024 Notary Public
Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016; WESTCHESTER FIRE INSURANCE COMPANY on December 11, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20, 2009:

RESOLVED, that the following authorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizances, contracts and other written commitments of the Company entered into in the ordinary course of business (each a "Written Commitment"):
(1) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise.
(2) Each duly appointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise, to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney-in-fact. (3) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to appoint in writing any person the attorney-in- fact of the Company with full power and authority to execute, for and on behalf of the Company, under the seal of the Company or otherwise, such Written Commitments of the Company as may be specified in such written appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments.
(4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to delegate in writing to any other officer of the Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such written delegation, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by facsimile on such Written Commitment or written appointment or delegation.

FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalf of the Company, and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested 1, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies") do hereby certify that the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect, the foregoing Power of Attorney is true, correct and in full force and effect MAR 1 7. 2022
Given under my hand and seals of said Companies at Whitehouse Station, NJ, this Daurm. chloro
Dawn M. Chloros, Assistant Secretary
IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT:

Telephone (908) 903-3493 Fax (908) 903-3656 e-mail: [email protected] Combined: FED-VIG-PI-WFIC-AAIC (rev. 11-19)

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