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)
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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.