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HomeMy Public PortalAbout2021-08-26 Bond for Improvement of Subdivision Labor and Materials Goodman Logistics CenterBond no. K40160267 Premium: Included in Performance Bond. BOND FOR IMPROVEMENT OF SUBDIVISION (LABOR AND MATERIALS) Goodman Logistics Center PARCEL MAP NO. 2019-180 WHEREAS, the City Council of the City of Fullerton, County of Orange, State of California, and GLC Fullerton LLC, whose mailing address is 18201 Von Karman Avenue. Suite 1170. Irvine CA 92612, hereinafter designated as Principal, have entered into an agreement whereby Principal agrees to install and complete certain designated improvements, which said agreement dated , 20:2 , and identified as Subdivision Agreement for Parcel Map No. 20 9-180, 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 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 City of Fullerton, 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 in the sum of Two Million Ninety - One Thousand Four Hundred Dollars ($2,091,400) lawful money of the United States, for material furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, and 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 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 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 the 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. IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named on this 29th day of MY , 2021 Page 1 of 2 Pages PRINCIPAL GLC Fullerton LLC A Delaware- Limited Liability Comranv By: In Address of Subdivider: 18201 Von Karman Avenue, Suite 1170 Irvine CA 92612 SURETY Federal Insurance Company (Surety Name) 436 Walnut Street, WA10H, Philadelphia, PA By: (Attorn -in-F Edith Garibay Bond No. K40160267 City VIED AS TO FORM: Note: Acknowledgments of execution by Princiaal and Surery must be attached. Bond must be attached to Subdivision Agreement. This bond shall be duly executed by a responsible corporate surety authorized to issue bonds in the State of California. Page 2 of 2 Pages 19106 CALIFORNIA 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 - 1 County of 000-! 1C — Jr On au-C�u.5t in. 2� before me, Oarrle, UII�l�Ud �6' aaj Public Date a ,/ 1- Here Insert Name and Title of the Officer personally appeared '910m 00J6Ltrly Namej<of Signer(s)" who proved to me on the basis of satisfactory evidence to be the person(s) whose namaW is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/4ef4heir authorized capacity#, s), and that by his/#efA*& signature(s) on the instrument the person(s); or the entity upon behalf of which the person(s) acted, executed the instrument. 4 P °i CARRIE VINIKOW t' Notary Public California a > _ _ - Orange County > N Commission # 2314232 +�y Comm. Expires Dec 26, 2023 Place Notary Seal and/or Stamp Above 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. c Signature LIZ Signature of Notary Public 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: R) IA 1(,( J-YYIIyyy ,lam' Document Date:, CALL Fuller i� L(,C jIul14)- X6 NumberofPages: Signer(s) Other Than Named Above:. Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer - T' e(s): ❑ Corporate Officer - ❑ Partner - ❑ Limi [I General [I Partner - ❑ Li ed ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Trustee ❑ Guardian or Conservator ❑ Truste ❑ Other: ❑ O Signer i_ Representing: S' er is Representing: 02018 National Notary Association Iawr a.nct - rl'1ak rI Gt ( co ❑ General ❑ Attorney in Fact ❑ Guardian or Conservator 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 the7 document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On C U rim before me, Kim Heredia, Notary Public Date personally appeared Edith Garibay Here Insert Name and Title of the Officer NameXof Signer*T who proved to me on the basis of satisfactory evidence to be the persow whose names/ate subscribed to the within instrument and acknowledged to me that Wshe/.they executed the same in >s/her/tIztelrr authorized capacity and that by j�6Vher/tbetl'signature(sron the instrument the person, or the entity upon behalf of which the person* acted, executed the instrument. •�a• q KIM HEREDIA ' Notary Public - California - Orange County Commission N 2268985 My Comm. Expires Dec 1, 2022 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 4 -- Kim Heredia 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: _ _ _ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): '.- Partner — " Limited ill General :- Individual 1K, Attorney in Fact Trustee - Guardian or Conservator Ei Other: Signer Is Representing: Signer's Name: El Corporate Officer — Title(s): ; 0 Partner — - Limited - General Individual D Attorney in Fact D. Trustee �. Guardian or Conservator a , Other: Signer Is Representing: 02014 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 CHUBB Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Kim Heredia, Edith Garibay and EugeneT. Zondlo of Irvine, 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, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 170 day of September, 2018. ►� �: - Ifs _ 1 � ail _ l�l Fbvrn M.Chlorix,.:l�istantSLcretary STATE OF NEW JERSEY Cotmtyof Hunterdon Ss. Stephen M. Haney. VicePrecident On this 171° day of September, 2018, before me, a Notary Public of New Jersey, personally came Dawn M. Chlows, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros, being by me duly sworn, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows 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 she signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that she is acquainted with Stephen M. Haney, and knows him to be Vice President of said Companies; and that the signature of Stephen M. Haney, subscribed to said Power of Attorney is in the genuine handwriting of Stephen M. Haney, and was thereto subscribed by authority of said Companies and in deponents presence. Notarial Seal • KAT PJREAACE4AAR TAgy NOTARY PU9L= CF NEW JERSEY No.2310M pUBLi� Cornmleclai EWM July 16, 2019 Naary Public 1[ � CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016: "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 behalfof 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 bythe grant of powers provided for in such persons 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 ofthe 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 ofthe 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 o®cer or other person executing any written Commitment or appointment or delegation pursuant to this Resolutim 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" I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that (1) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in frill force and effect, (li) the foregoing Power of Attorney is true, correct and in full force and effect Given under my hand and seals of said Companies at Whitehouse Station, N, this July 29, 202 & Dawn M, Chloros. A,-6istant SetTelar? IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICTTY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT: Telephone (908) 903- 3493 Flax (908)903-3656 a -mail. sureiv@chubb.com FED- VIG-PI (rev. 08-18)