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SpectraSystems, Inc. Cash Bond 0190790PAYMENT BOND (Bond for Labor and Material)Bond Number 0'190790 WHEREAS, the City of Menifee, in the County of Riverside, State of California, by minute action passed -, 2014, has awarded to hereinafter designated as the "Principal," a contract for construction of the together with appurtenances thereto, and WHEREAS, said Principal is required to furnish a bond in connection with said contract providing that if said principal, or any of his or its subcontractors shall fail to pay for any materials, provisions, provender, or other supplies or equipment used in, upon, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set fo rth , NOW, THEREFORE, we Spectrasystems, lnc as Principal, and Berkley lnsurance Company as Surety, are held Citv in the. oenaoiJsrno Four HUnoreo I sum ofand firmly bound unto the City of Menifee, one hundred percent (100%) of the amoun ($ 142,44s oo-------------------''---'-- ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION lS SUCH THAT if said Principal, his or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, provender, rented or hired teams, implements, or machinery, or other supplies or equipment of any kind used, in, upon, for or about the performance of the work contracted to be done, including, but not limited to, that part of water, gas, power, light, heat, oil, gasoline, or telephone service directly applicable to the contract, or for any work or labor thereon of any kind, or for any amounts due under the California Unemployment lnsurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and subcontractors pursuant to Section 13020 of the California Unemployment lnsurance Code with respect to such work and labor, and provided that any person, so furnishing said supplies or equipment contributing to said work to be done, or any person who performs work or labor upon the same, or any person who supplies both work and supplies or equipment therefore shall have complied with the provisions of Chapter 7 of Title 15 of Part 4 of Division 3 of the California Civil Code, as amended, or any successor thereto, then said Surety shall pay the Same in or to an amount nol exceeding the amount hereinabove set forth and also shall pay in case suit is brought upon this bond, such reasonable attorney's fees as shall be fixed by the court. Page I 76 KNOWALL MEN BY THESE PRESENTS: THAT Dolla rs The bond shall inure to the benefit of any and all persons, companies' and corporations named in California Civil Code Section 3181, as amended, or any successor thereto, so as to give a right of action to them or their assigns in any suit brought upon this bond, FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modifications of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of work to be performed thereunder. Notices, papers and other documents required by Chapter 2 of Title 14 of Parl2 of Code of Civil Procedure, or by any other law, regulation, or requirement of the Contract may be served upon Principal at this address Surte 100. Corona, Californta 92879 50 East R ncon Street and upon Surety at this address 412 Mount Kemble Avenue Suite 310N Morristown NJ 07960 lN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named, under penalty of perjury,on the 12th day of December , 2 014 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. SpectraSystems, lnc Principal By Berkley lnsurance Company Su rety B tu-A1 lV. Wlmot, Attorney-in-Fact Page I 77 f rc* 'l- An officer taking the acknowledgment of an instrument must endorse thereon or attach thereto a certificate substantially in the forms hereinafter prescribed Civil Code of the State of California, Section 1188, CERTIFICATE OF ACKNOWLEDGMENT (rNDlvrDUAL) State of California County of Riverside City of Menifee On this day of -, in the Year (' 2_, before me, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name subscribed to the within instrument and acknowledged that executed the same WITNESS my hand and official seal SEAL Notary Public - State of California (coRPoRATrON) State of California Cou nty of Riverside City of Menifee On this Er^day of T)ece , in the year 2 L \Lt , before me, personally appeared e \.zr.lrz.U A^Ai.r':t'h , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as president (or secretary) or on behalf of the corporation therein WITNESS my hand and official seal SEAL coMM. t2021tl63 z Z,o 7 Page | 78 ihlrry Publh Rlvroi& .C.lltomh Notary Public - State of California named acknowledged to me that the corporation executed it ) ) ) ) ) ) (PARTNERSHIP) On this -day ol -, in the year 2-, before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument on behalf of the partnership and acknowledged to me that the partnership executed it. WITNESS my hand and official seal. SEAL Notary Public - State of California (ATTORNEY IN FACT)SEE AITACHED State of California Cou nty of Riverside City of lvlen ifee On this - day of -, in the year 2-, before me, personally appeared personally known to me (or proved to me on the basis of sattsfactory evidence) to be the person whose name is subscribed to this instrument as the attorney in fact of - in fact. WITNESS my hand and official seal SEAL Page | 79 Notary Public - State of California State of California Cou nty of Riverside City of [/en ifee ) ) ss. ) and acknowledged to me that he/she subscribed the name of -- _ thereto as principal, and his/her own name as attorney ACKNOWLEDGMENT OF SURETY STATE OF- MICHIGAN COUNTY OF OAKLANI) On this 12 th day of December 2014, belore me personally came Llsa M. Wilmot who , being by me duly swom, did depose and say that she is an Attomey-in-Fact of the Berkley Insurance Comp any and knows the corporate seal thereof; that the seal alfixed to said annexed instrument is such corporate seal, and was thereto aftixed by authority of the Power of Attomey ofsaid Company, of which a Certified Copy is hereto attached, and that she signed said instrument as an Attomey-in-Fact of said Company by like authority. Aclcnowledged and Sworn to before me on lhe date above v)rilten My Commission Expires Latrecia R. Scotl Notary Public. Oakland Couflly. Michigan My Conr ission Expires: March 17,2017 (Notary blic) ) ) ) ,/ No. Bl-8046b POV/ER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINCTON, DELAWARE NOTICE: The waming found elsewhere in this Power ofAnomey affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, thAt BERKLEY INSURANCE COMPANY (thE "COMPANY"), A COTPOTATiON dUIY organized and existing under the laws ofthe State ofDelaware, having its principal office in Oreenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Kathy L, DelGreco; Ldtecia R. Scolt; or Liss M' Wilmol of Marsh llSA, lnc. of SouthJield, M/ its true and lawfll Anomey-in-Fact, to sign its name as surety only as delineated below and to execute, seal. acknowledge and deliver any and all bonds and undenakings, with the exception of Financial Cuaranty lnsurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.$50'000'000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers ofthe Company at its principal office in their o\,vn proper persons. This Power of Anomey shall be construed and enforced in accordance with, and govemed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attomey is granted Pursuant to the following resolutions which were duly and validly adopted at a meeting ofthe Board ofDirectors ofthe Company held on January 25,2010: RESOLVED, that, with respect to the Surety business wrjtten by Berkley Surety Group, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of anorney authorizing and qualifying the attomey-in-fact named therein to execute bonds, undertakings, recognizances, or other sureryship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attomey executed pursuant hereto; and said ofTicers may remove any such attorney-in-fact and revoke any power ofattorney previously granted; and further RESOLVED, that such power of atlomey limits the acts of those named therein to the bonds, undertakings. recognizances, or other sureryship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and ftrrther RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of anomey or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance. or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually alfixed. The Company may continue to use for the purposes herein stated the facsimile signarure of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. fN WITNESS WHEREOF, the Company has corporate seal hereunto affixed this fulial of " "fri4ril/r"t"",?Jiol r,*" and anested by its appropriate officers and its Berkley lnsurance CompanyAttest (Seal)By ll Ira S Lederm an M Senior Vice President & Secretary ice President WARNINC; THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. STATE OF CONNECTICUT ) couNTY oF FATRFTELD i*t Swom to before me, a Notary Public in the State of Connecticu t, nis ,fugf daV of 2014, by lra S. Lederman and Jeiirey M. Hafrer who are swom to me to be the Senior Vice President and Berkley lnsurance Company. UARI C. tf,{OgAl n I{oTARY PUBLIC Y COMMTSSION EXP|nES APRIL O,20to CERTIFICATE I, the undersigned, Assistant Secretary of BERXLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; thal said Power of Attomey has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of , and the Senior Presiden!, respectively, of otary Public, State ofConnecticut Anomey is anached, is in full force and eflect as of this date. ., /. Given under my hand and seat ofthe Company, this / l-'t' day of , )tl 'i (Seal) An M a F -c e E a n J7. /. .a tr a Itr c. .L F .L F o tlt/'wr , Instructions for lnquiries and Notices Under the Bond Attached to This Power Berkley Surety (iroup is the affiliated underwriting msnager for the surcty business of: Acadia lnsurance( ompan!, Berkley Insurancc Comprny. Bcrklel' Rcgional lnsurancc Company, Carolina Casualty lnsurance Company, Union Standard lnsurance Compan\', Contin€nlal \l'estern Insurlnce Compan1.. and tlnion I nsu rancc ('ompanv. '[o verif"v" the rruth€nticitv ofthe bond. pleasr call (866) 768-353.1 or email BS(ilnquiry(a berkler surctv.com Anv written notices, inquirics, claims or demsnds to the surety on the bond to which this Rider is atlsched should be directed lo: Berklev Suretv Group 412 Mount Kemble Avcnue suite 3l0N Morristown, NJ 07960 Attention: Surety Claims Department Or email BSGClaimfarberkleysurety.com Please includc with all noticcs the bond numbcr and the name of thc principal on lhe bond. Wht're a claim is being assrrted. plcase set lbrth generally the basis of the claim. ln the case of a payment or perlbrnrancc bond, please idcntifv the project to which the bond pertains.