Loading...
New Cingular Wireless PCS, LLC Faithful Performance Bond SU1172470Community Development Department FAITHFUL PERFORMANCE BOND FOR LANDSCAPE IMPROVEMENT AGREEMENT CITY OF MENIFEE, STATE OF CALIFORNIA (Government Code Section 66499.1) FOR LANDSCAPE 1-Year Maintenance Total $ 7,307.00 Surety ARCH INSURANCE COMPANY Address Three Parkway, Suite 1500 a 7,200.00 TracUParcel Map _ Other Project No. AT&T CS104289 Wheatfield Park Bond No. 5U1172470 Principal New Cingular Wireless PCS, LLC Address 1025 Lenox Park BIvd. 3rd Floor City/State Atlanta, cA Zip 30319 Phone 215-606-1650 WHEREAS, the City of Menifee, State of Californi3, sn(, ARCH INSURANCE COMPANY (hereinafter designated as "principal") have entered into, or are about to enter into, the attached agreement(s) whereby principal agrees to install and complete the above designated landscape project, related to (CUP) 2018-078, which agreement(s) is/are hereby refened to and made a part hereof; and, WHEREAS, said principal is required under the terms of said agreement(s) to furnish bond(s) for the faithful performance of said agreement(s); NOW, THEREFORE, we the principaI and ARCH INSURANCE COMPANY as surety, are held and firmly bound unto the City of Menifee in the penaI sum of Seven.Thousand Three Hundred and Seven Dollars and Zero Cent, (37.307.00 ) lawful money of the United States, for the payment of which sum will 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 bonded principal, his or its 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 City of Menifee, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall remain in full force and efiect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. City/State Zip code ll9102 P!rleqe!p!!q,BA FAITHFUL PERFORMANCE BOND FOR LANDSCAPE IMPROVEMENT AGREEMENT The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of this agreement or to the work to be performed there under or the specifications accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition. Surety further stipulates and agrees that the provisions of Section 2845 of the Civil Code and commencement of construction are not conditions precedent to surety's obligations hereunder and are hereby waived by surety. lN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on May 26 2021 New Cingular Wireless PCS, LLC NAIVIE OF PRINCIPAL: b AT&T Mobil Co tion, its Mana AUTHORTZED STGNATURE(S): C"u,*dt\-..sjl:.'{:', .=' ,"L.- t ', ';irsEArjj ""r."".."...."J She Assi NAME OF SURETY: (rF coRPoRATrON, AFFrX SEAL) ARCH INSURANCE COMPANY AUTHORIZED SIGNATURE Elizabeth P. cervini, lts Attorney-in-Fact Title (rF coRPoRAT|ON, AFFrX SEAL) Name Title: )/WZk-,,:lb;ortl CC By: ATTACH NOTARIAL AC KNOWLEDGMENT OF S]GNATU RES OF PRINCIPAL AND ATTORNEY.IN.FACT. This Pott .t of Aaorne! A,iia i. det of hosc nan2d h.rciB, ,nd lhq halrc no oulhotily lo bind ah. CoE paiy .!c.pl in ah. ^annc, ond to ,h. .rt nt hcrcin stat dNot yolid Ior Nok, Loer, L.tt t of CftdL Curnncr Rrtc, Int.ftsr Reu or R.Jit ^,i,,1 ydry. Cue,.n,ccs. POWER OF ATTORNf,Y KDol All Perto[t By Th€le Preletrtri Th8t the Arch Insurance Company, a co4fiation orSsniz.d and existing under the laws ofthe State of Missouri, hsvrng its p.itrcipal adminislrative omce in JerBey City, New Jersey (hereinafter referrcd to as the "Company") does h6eby appoint: D.r'id A. Johntotr, D.vid C. Roretrberg, D€trlr€ M. Bruro, Ellz.beth P. CervttrL Hrrry C. Roi€rberg, Jrmer M Disciulo,John E. RolenberB,Jon.thrtr F. Bhclg JoycG M. Hougblod, Julir R" Bumet M.tthew J, Roterbcrg, Melhu J. Hltrd€ rtrd St phrrie S, Helmtg of Wrttr., pA @ACH) ils Eue and lawful Attome{s)in Fact, to make, exe€ulc, seal, ard deliver from the date ofissuance ofrhis power for ard on irs bchalfas surery, a as irs act and de€djAny and all bond!, undenalinss, ncognizances and othcr surety obliganons, in the penal 3um not exceeding Nineo/ Million Dollars (90.000.000-00). This authorily does not permit the same obligation to be split into two o. more bonds In order ro bring eech such bond within the dollar limit ofauthoriry rs set fo(h The execulion of such bonds, undcrtakirss, recosnizuc€s and olh€r surety obliSstions in pursusice ofthese presenls shall be as bindins Won rhe said Compary t5 tulty and amply lo sll inlents and purposes. as iltbe same had been duly executcd and acknowlcdSed by its regularly elected officers at its principal adrninisrraiiveofiice in Jersey City, New Jersey. This Power ofAnomey is exe.uled by aulhority ofresolutions adopted by unanimous consent ofthe Board ofDirecron ofrhe Company on D€cember I L, 2020, true and a.curat€ coPies ofwhich arE hercinaftcr s€t fo(h and !r€ hereby cedified to by the undersigncd Secretary !s beinS in tull force snd cffect: "VOTED, That lhe Chairman of the Boar4 the Fresidcnt, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their aPpointees dcsignated in *T iting 3nd filed with l.he Secretar, or lhe Secretary shall have the power and authority to appoint agents and attomeys in-fact, and to authorize them subjccl to the limitatioN set forth in thcir rcspectivc powers ofatlomey, to cxecute on behalfofthe Compsny. and attach the seal ofthe Compsny thereto, boDds, unde(alings, recoSnizances ,nd other surEty obligrtions obligatory in the nature thereol and any such officers oflh€ Corpany may appoint agents for acceptaice of This Power of Attomey is siSn€d, sealed and certilied by facsimile under and by authority of the following rcsolution adopted by rhc unanimous consenr olthe Board of Directors ofthe Company on D€c€mber I l,2020: VOTED, That thc signatue of lhe Chairmatr ofthe Boa.r4 the President, or th€ Executive Vice Presidenl, or ary Senior Vice President, ofthe Surety Business Dvision, or their aPpoinlees designated in ',iriling and filed with the Secr€t ry, and the signature ofthe Secretary, the seal of ihc Company, and cenifications by the Secretary, may be affixed by facsimile on any power of attomey or bond executed pursurnl to the rcsoluhon adopted by the Board of DirectoB on December I l, 2020, and any such power so execut€d, sealed and cer!fied with rEspect to any bond or undcrtaking to which it is atlached, shsll coitrnu€ to be valid snd binding upon $€ Comprny. In TEltimotry Whereof, the Compny has caused lhis instsument to be signed and its corporate scal to be affixed by their authorized offic.rs, fiis !2!8bf oI !4!t 2921 Attested .trd Ccrtified t ( Regan A. Shu man, Secretary Stephen C. Ruschak, Executive Vice President STATE OI' PI]N:{SYLVANIA SS COU)iTY O1.' PHILADf,I-PHIA SS I, Michele Trlpodl, a Nolary Public, do h€reby cdtiry that Regan A. Shulrnsn ,nd Stephen C. RuEchal personslly krowD to m€ to be lle same persons whose DamEs ate respectively as Secrerary snd Executive Vice Prcsidcnt of the Arch Insurance Company, a CorporatioD orSanized and eristiDg undcr lhe laws ofthe Stare of Missouri, subscriM to the forEsoing insEume,]t, appelred beforE me this dly in p€rson and ieverally achowlcdgcd thst they being ihcrelmto duly authorizcd signed sealed with thc corporat€ seal and d€livsrrd the said insEumerrt as the lie€ and volunEry act ofsaid corpomtior and as thet own liee and volu.dary lcts for tle uses and purposes therein sd fonh. -,/-_ Michele Tripodi, Notary Public My commissioD €xpires 07/ll12021 CERTIFICATION I, Reg.r A. Shrlm.tr , Secr€tary ofthe Arch Insurance Company, do hereby ccdiry that the atlached Pow.r of Attorney drtd U!L!2J!?! on b€halfofthc penon(s) as lisled abovc is a true and correct copy and that the ssme has been in full force and effect since the date thereofand is in full force and effecl on the date ofthis certi6calei and I do funher cediry rhat the said Stephen C. Ruschak, who executed the Power ofAttomey as Executive Vice Presidenr, wss on ihe date ofexecution of the attached Power of Attorney the duly elected Ex€cutive Vicr President ofth€ Arch lnsurance Company. IN Tf,STIMONY WHEREOF, I have hereunto subscrib€d my name and affixed the corporate scal of the Arch Insumnce Company on this 26th d.y of May 20 21 A.q4---- Regan A. Shulman, Secretary This Pow€r of Attomey limts tbe acts of those named therEin to the bonds rrd undedalings specific-ally tramed therein srld they have no authority to bind lhe Cornpany To verily the authenttcity oI this Powet of Attoney, pleose contdct Arch loswonce Compony ot SuretyAuthentic@a suradce.com Pleose fefet to ahe dbov. noficd Aftomey-ih-Foct dnd the detolls of the bond ao whlch ahe power Is oatoched. tt^lrtn Ihrourl C€ ua IIl rcTlrl,( lllrrrllu lt (E, riorrt ,\,ut(lt d ia.6.!nl., ,irr (da, | (.-Et a+l!r !, !t , El tt^lr9/t lbrour{ C€ AlcPoA040120 Printed in U.S.A su 1172470 A.q4",---- excepl in the mann6 anal to tb€ exlenl herein statcd. PLf,ASE SEND ALL CLAIM INQUIRIES R-ELATIr..G TO THIS BOND TO THE FOLI.OWING ADDRESS: Arth In.urince - Sur€ty Divldon 3 Prrkw.y, Suit 1500 Phil.delphir, PA 19102 ARCH INSURANCE COMPANY STATEMENT OF FINANCIAL CONDITION DECEMBER 31,2O2O Assets Cash in Banks Bonds owned Stocks Premiums in course of collection Accrued interest and other assets Total Assets Liabilities Reserve for losses and adjustment expenses Reserve for unearned premiums Ceded reinsurance premiums payable Amounts withheld or retained by company for account of others Reserve for taxes, expenses and other liabilities Total Liabilities Surplus as regards policyholders Total Surplus and Liabilities By Attest U $ $ $ $ b c $ $293,990,621 3,620,730,816 653,208,881 525,571,487 593 248 584 $2,577,386,588 946,480,428 377.159,781 1 70,1 89,032 069 562 4,554,285,393 t5t 464 9971 ___q1a!gJlqt8e ko_ a, .?tt -Executive Vice President, Chief Financial Offlcer and Treasurer Executive Vice President, General Counsel and Secretary State o0 ee County of ) Thomas James Ahern, Executive Vice President, Chief Financial Officer and Treasurer and Regan Shulman, Executive Vice President, General Counsel and Secretary being duly sworn, of ARCH INSURANCE COMPANY, Missouri; and that the foregoing is a kue and correct statement of financial condition of said company, as of Decembet 31,2O2O. rn to before me, tnis I oay or \\mth 0cl rt^l Subscribed and .:: * -. i :-'. c *\?,.1-- .,.-l\j I II2g? AARNANA A. LEE Nolery Public. SIate ol NerJ JoGey Comm'lsio,: r 5010775a Notary P lic t\No r\q \(cL IU\ _$_1,696,E9Jq9- 4 ACKNOWLEDGMENT A notary public or other officer completing thas certificate venfies only the idenlity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or valid of lhat document 8E (ft-b[fr,(l0$Od Srare of TexashIrrtdCounty of Dallas ) On May 26,2021 before me.Monica Retana, Notary Public (insert name and title 40o(ts)o6oeo personally appeared Sherri Bazan who proved to me on the basis of satjsfactory evidence to be the peISon(I) whose nameE) isi/@ subscribed to the within instrument and acknowledged to me that HshefihEtr executed the same in XE/her/o{pf aulhorized capacity(f). and that by rrHher/thE ( signature(I) on the instrument the peGonE), or the entity upon behalf of which the person(! acled, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and conect. WTNESS my hand and official seal Sign ature 'Pdatnl-(Seal) -,..$i1,2;ii*',i; ',.'t'.i; &ls MONICA RETANA Nolary Public, Srsto ol Tar!! Comm. ErD[6s 05-25-202,1 Not.ry lD 13067519-2 ACKNOWLEDGMENT A notary public or other omcer completing this cerlficate verifies only the identity of the indrvidual who signed the document to which this certiicate is attached, and nol the truthfulness, accuracy, or validit Slo(rxla€{l(tr dr commonwealth of Pennsylvania rco(xr$!f County of Chester ) On May 26,2021 before me. Elizabeth B. Pendleton Pu blic (insert name and title XrohXXffO{ personally appeared Elizabeth P. Cervini who proved to me on the basis of satisfactory evidence to be the person(I) whose na-ne(r) is/oe subscribed to the rvithin instrument and acknor/ledged to me that lI/she/t i,rry executed the same in lr6/her4te( authorized capacity(196i, and that by Xh/her/tftff signature(r) on the instrument the person(I), or the entity upon behalf of which the person(r) 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 correcl. WITNESS my hand and otficial seal CoitYrE.rEalth ol P! rltyri|. - taotarv SarltlElD.rn E. F.idafot, )bfary Arb[k ClEraar C{l,ty,'y C.nrrllrbr tdrtr lrly 21, IO2aC4.llrnltqq| r.itar |fCl6r Signature (Seal) of that document.