Bank of America - Bond onlyOUTSTANDING BOND REPORT
Name: Bank of America (Deb Construction)
Tract No.
Date of Contract: none
Required Bond Amounts:
Dates of Bond Reductions:
Outstanding Bonds and Bond Company: CNA Surety
Amount: Bond No.
$13,200 (grading) 929269100
Date Cancelled/Released:
c�ra SURETY
Subcontract Performance Bond RR
Prremium29 y?0g0
KNOW ALL PERSONS BY THESE PRESENTS, That we I) eb Construction, Inc.
of 1210 N. Jefferson, Ste. D, Anaheim, CA 92807
, hereinafter referred to as the Principal, and
Western Surety Company
as Surety, are held and firmly bound unto City of La Quint a
of P.O. Box 1504, La Quinta,CA 92253
, hereinafter referred to as the Obligee, in the sum of
thirteen thousand, two hundred
Dollars ($13 , 200.00 ), for the payment of which we bind ourselves, our legal representatives, successors and
assigns, jointly and severally, firmly by these presents.
WHEREAS, Principal has by written agreement dated the 4 th day of June, 2003, , entered into
subcontract with Obligee for Grading at Bank of America, 78-400 Highway 111,
"La Quinta, CA 92253.
in accordance with drawings and specifications prepared by Architect
which subcontract is by reference made a part hereof, and is hereafter referred to as the subcontract.
NOW, THEREFORE, if Principal shall promptly and faithfully perform said subcontract, then this obligation shall be null
and void; otherwise it shall remain in full force and effect.
Whenever Principal shall be, and be declared by the Obligee to be in default under the subcontract, the Obligee
having performed Obilgee's obligations thereunder:
(1) Surety may promptly remedy the default subject to the provisions of paragraph 3 herein, or;
(2) Obligee after reasonable notice to Surety may, or Surety upon demand of Obligee may arrange for the performance
of Principal's obligation under the subcontract subject to the provisions of paragraph 3 herein;
(3) The balance of the subcontract price, as defined below, shall be credited against the reasonable cost of completing
performance of the subcontract. If completed by the Obligee, and the reasonable cost exceeds the balance of the
subcontract price. Surety shall pay to Obligee such excess, but in no event shall the aggregate liability of the Surety
exceed the amount of this bond. If Surety arranges completion or remedies the default, that portion of the balance of
SUR-23211-D
Page 2 of 2 of Subcontract Performance Bond (616) Bond #929269100
the subcontract price as may be required to complete the subcontract or remedy the default and to reimburse Surety
for its outlays shall be paid to Surety at the times and in the manner as said sums would have been payable to
Principal had there been no default under the subcontract. The term "balance of the subcontract price," as used in this
paragraph, shall mean the total amount payable by the Obligee to Principal under the subcontract and any
amendments thereto, less the amounts heretofore properly paid by the Obligee under the subcontract.
Any suit under this bond must be instituted before the expiration of two years from date on which final payment
under the subcontract falls due.
No right of action shall accrue on this bond to or for the use of any person or corporation other than Obligee or the
heirs, executors, administrators or successors of Obligee.
SIGNED, SEALED AND DATED this 4 th day of June , 2003.
-a.11 j a 00,-t
Yakub g Vali Principal) deb Construction, Inc.
Vice President
By; (Seal)
Western Surety Company
• (Surety)
B : (Seal)
S e r l i s s e Ryan U Attomey-in-fact
SUR-23211-D
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Ronald Joseph Hoefer, Sherlisse Ryan, Individually
of Irvine, CA, its true and lawful Attorneys) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Executive Vice President and its corporate seal
to be hereto affixed on this I I th day of January, 2002.
WESTERN SURETY COMPANY
? erre
SSE A�,,;'„ •
�4iTiryi�P Stephen T. Pate, Executive Vice President
State of South Dakota
ss
County of Minnehaha
On this I Ith day of January, 2002, before me personally came Stephen T. Pate, to me known, who, being by me duly sworn, did depose and say: that
he resides in the City of Sioux Falls, State of South Dakota; that he is the Executive Vice President of WESTERN SURETY COMPANY described in and
which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was
so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
My commission expires +
}~`M'''`"'`"`"'''`'
J. MOHR
October 22, 2005 SEAL NOTARY PUBLIC sEAL
INCIrWSOUTH DAKOTA i
I My Commission Expires 10.22-2005
♦ e►490 01% MMM+Mti a e.+s+M.ti♦
J. Mohr, Notary Public
CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this 4 t h day of June 12003
WESTERN SURETY COMPANY
aW pp0/�
Va r �
#%P A�'4
L. on, Assistant Secretary
Form F4280-04-01
CALIFORNIA ALLoPURPOSE ACKNOWLEDGMENT
State of �_t41t.rr� C-..
County of d ZO-4- U
Z00-3 before me, 1 )O►zA NJ&6 P-Q ),N,
Date (1 Name and Title of Officer (e.g., "Jane Doe, ry Public")
personally appeared VAY-v 1y A _ Qo A
Name(s) of Signer(s)
�rsonally
known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person*
whose name') is/W subscribed to the within instrument
and acknowledged to me that&sloe/the}, executed the
same ii( a tl;Iei�authorized capacity(i&o, and that by
signature* on the instrument the person�j
or the entity upon behalf of which the personal acted,
RAN executed the instrument.
DEBORAH DU
COMM. #1319176 D
�NOWYPUHX-C ► WITNESS my hand and official seal.
CRAW COMW
1* Ewa &p. 81pt' 27, M
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: !!h �b�c�nkYc.� C�"f t'�"►'ti'�a-�C.9
Document Date: �v,ne.. 1g 200� Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
of thumb here
Signer's Name:
6
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
.. . . - -
0 1995 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 0 Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
orn
ss.
County of
n before me RkH'i
O (o-4—n_-5,
Date dr.—I I i Narpd Title of Officer (e.g., "Jane Diob, Notary Public")
personally appeared
L6CATHHEV,_1R1WE_SAR1ANA
COMA.1383394
NOTARY PUBLIC - CAUFORNu
ORANGE COUNTY
My ContRr. Eom Nov. 4, 2006
wow
Narne(s) df Signer(s)
impersonally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the personk whose name) aafe
subscribed to the within instrument and
acknowledged to me that �� /t#ey executed
the same in er authorized
capacity(4@0,, and that by -#i4 er th.94
signature(!i on the instrument the person( , or
the entity upon behalf of which the person(
acted, executed the instrument.
WIT SS my hand and official seal.
Place Notary Seal Above Signature of otary P blic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached
Title or Type of Document:
Document Date: LLJNumber of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual Top of thumb here
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
®1999 National Notary Association - 9350 De Soto Ave.. P.O. Box 2402 - Chatsworth. CA 91313-2402 - www.nabonainotary.org Prod. No. 5907 Reorder. Call Toll -Free 1-BW-876-6827