HomeMy WebLinkAboutMINUTES - 10242006 - C.5 TRAVEV CASUALTY AND SURETY COMPANY OF JfRICA
ELERS CASUALTY AND SURETY COMPA
FARMINGTON CASUALTY COMPANY
Hartford,Connecticut 06183`9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: Scott R. Gill, of Hartford, Connecticut, their true and lawful Attorneys}in-Fact, with full
power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following
instrument(s): by his/her sole signature and act,any and all bonds,recognizances,contracts of indemnity,and other writings obligatory
in the nature of a bond,recognizance,or conditional undertaking and any and all consents incident thereto and to bind the Companies,
thereby as fully and to the same extent�as if the same were signed by the duly authorized officers of the Companies,and all the acts of
said Attorneys)-in-Fact,pursuant to the authority herein given,are hereby ratified and confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies,which Resolutions are now
in full force and effect:
VOTED: That the Chairman,the President, any Vice Chairman, any Executive Vice President, any Senior Vice President,any Vice President, any
Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and
Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign
with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature
of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee
and revoke the power given him or her.
VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in
writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking
shall be valid and binding upon the Company when(a)signed by the President, any Vice Chairman,any Executive Vice President,any Senior Vice
President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant
Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal, if required)by
one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more
Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under.and by
authority of the following Standing Resolution voted by the Boards of Directors'of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA,' TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY
COMPANY,which Resolution is now in full force and effect:
'VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and-the seal of the Company may be affixed by facsimile to any
power of attomey or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company.and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
(02-05)Unlimited
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ST PA U L Scott R.cin
G TRAVELERS senior Vice President
One Tower Square Bond Field Management
Hartford,CT 06183 Bond,PB05
(860)277--0499 TEL 113
(860)277-0148 FAX _v c
December 12,2005-
Rosa Rivas
AON RISK SERVICES
1901 MAIN STREET, SUITE 300
IRVINE, CA 92614
Dear Rosa,
Please be advised that St.Paul Travelers and Fireman's Fund are in the process of executing
endorsements to replace Fireman's Fund as surety for bonds produced by your office and
identified in the attached schedule. The endorsements will be mailed to each bond's respective
obligee for acceptance. Upon acceptance by the obligee,Travelers Casualty and Surety
Company of America will replace Fireman's Fund as surety on the bonds listed in the schedule.
Premium associated with bonds appearing in the-attached schedule will be included in an invoice
prepared by St.Paul Travelers. Please forward payment to the following address:
Travelers Property Casualty
P.O Box 98374
Chicago,IL 60693
If you have any questions regarding this communication,please direct them to Scot MacElhiney
(860-277-2227; scot.macelhiney@spt.com)
Sincerely,
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- Bond No. 1110 7363
Premium: $6,350.00
Development: RA 1127 (cross-reference SUB 7976)
IMPROVEMENT SECURITY BOND
FOR ROAD IMPROVEMENT AGREEMENT
(Performance, Cmarantee, and Payment)
(California Government Code §§ 66499 - 6.6499.10)
1. RECITAL OF ROAD IMOROvEMENT AGREEMENT: The Developer(Principal)has executed an agreement
(Road Improvement Agreement) with the County to install and pay for street, drainage and other
improvements on,or along Bollinger South—Alternative B to complete said work within the time specified
for completion in the Road Improvement Agreement,all in accordance with State and local laws and rulings.
2. OBLIGATION: Wind.emere BLC, LLC, as Principal and The American Insurance* , a corporation
organized under the laws of the State of Nebraska and authorized to transact surety
business in California, as ;Surety, hereby jointly and severally bind ourselves, our heirs, executors,
administrators, successors and assigns to the County of Contra Costa, California to pay as follows:
*Company
A. Performance: One Million, Eight Hundred Fourteen Thousand, Four Hundred Dollars
($1,814,400.00) for itself or any city assignee under the.above County Road Improvement .
Agreement,plus
B. Payment: Nine Hundred Sixteen Thousand. Three Hundred Dollars ($916,300.00) to secure the
claims to which reference is made in Title 15 §§ et seq. of the Civil Code of the State of California.
3. CONDITION:
A. The Condition of this obligation as to Section(2.A.)above is such that ifthe above bonded Principal,
or principal'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 it or its 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 County of Contra Costa or city
assignee,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.
As part of the obligation secured hereby and in addition to the face amount specified therefore,there
shall be included reasonable costs,expenses and fees,including reasonable attorney's fees,incurred
by the County of Contra Costa or city assignee,in.successfully enforcing such obligation, all to be
taxed as costs and included in any judgement rendered.
B. The condition of this obligation, as to Section (2.B.) above, is such that said Principal and the
undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all
contractors, subcontractors,laborers,material men and other persons employed in the performance of
the aforesaid agreement and referred to in the aforesaid Civil Code, for materials furnished,labor of
any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or
labor and that said undersigned surety will pay the same in an amount not exceeding the amount
herein above set forth and also,incase suit is brought upon this bond,will pay,m addition to the fact
amount thereof,reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by
the County of Contra Costa or city assignee,in successfully enforcing such obligation,to be awarded
and fixed by the court,all to be taxed as costs and to be included in the judgement 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 of the State of California, so as to give a right of
action to them or their assigns in any suit brought upon this bond.
Should the work under the conditions 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.
C. No alteration of said Road improvement Agreement or anyplan or specification of said work agreed
to by the Principal and the County shall relieve the Surety from liability on this bond and consent is
hereby given to make such alteration without further notice to or consent by the Surety and the
Surety hereby waives the provisions of Califon-da Civil Code Section 2819 and holds itself bound.
without regard to and independently of any action against Principal whenever taken.
4. SIGNED AND SEALED:
The undersigned executed this document on January 24; 2002
WINDEMERE BLC LAND COMPANY, LLC
By: Lennar Homes of California,. Inc.
PRINCIPAL: its manager SURETY: THE AMERICAN INSURANCE COMPANY
Address: _ Address: 5 Peters. Canyon
City: _ Irvine, CA 92606
By: _ By:
Print Name: _ Print Name: Patricia Brebner
Title: Attorney-in-Fact
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