CONTRACT 3958 CLOSED395'.,
PUBLIC WORKS CONTRACT
BETWEEN
THE CITY OF EL SEGUNDO AND
MALIBU PACIFIC TENNIS COURTS, INC.
This CONTRACT is entered into this 17TH day of JUNE, 2009, by and between
the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "the City ")
and MALIBU PACIFIC TENNIS COURTS, INC. ( "the Contractor ").
1. WORK.
A. The Contractor will provide all work required by the Contract Documents
(the "Work "). The Contractor agrees to do additional work arising from
changes ordered by the City in accordance with the Contract Documents.
B. The Contractor and the City agree to abide by the terms and conditions
contained in the Contract Documents;
C. The Contractor will furnish all of the labor; supplies and materials;
equipment; printing; vehicles; transportation; office space and facilities; all
tests, testing and analyses; and all matters whatsoever (except as
otherwise expressly specified to be furnished by the City) needed to
perform and complete the Work and provide the services required of the
Contractor by the Contract Documents.
D. "Contract Documents" means the Notice Inviting Bids; Instructions to
Bidders; Supplementary Instructions to Bidders; Proposal; this Contract;
Standard Specifications; Supplementary Conditions; Exhibits; Technical
Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed;
Change Orders; Notice of Completion; and all other documents identified
in the Contract Documents which together form the contract between the
City and the Contractor for the Work. The Contract Documents constitute
the complete agreement between the City and the Contractor and
supersede any previous agreements or understandings.
2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed One
hundred eighty -four thousand seven hundred fifty dollars ($184,750.00) for the Work in
the manner set forth in the Contract Documents. The City may adjust this amount as
set forth in the Contract Documents.
3. TIME FOR PERFORMANCE.
A. The Contractor will fully complete the Work within 45 working days (the
"Contract Time. ")
B. The Contract Time will commence when the City issues a notice to
proceed. The Contract Documents will supersede any conflicting
provisions included on the notice to proceed issued pursuant to this
Contract.
C. The Contractor may not perform any Work until:
The Contractor furnishes proof of insurance as required by the
Contract Documents; and
ii. The City gives the Contractor a written, signed, and numbered
purchase order and notice to proceed.
D. By signing this Contract, the Contractor represents to the City that the
Contract Time is reasonable for completion of the Work and that the
Contractor will complete the Work within the Contract Time.
E. Should the Contractor begin the Work before receiving written
authorization to proceed, any such Work is at the Contractor's own cost
and risk.
4. DISPUTES. Disputes arising from this contract will be determined in accordance
with the Contract Documents and Public Contracts Code §§ 10240 - 10240.13.
5. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the
City will promptly inform the Contractor regarding third -party claims against the
Contractor, but in no event later than ten (10) business days after the City receives such
claims. Such notification will be in writing and forwarded in accordance with the "Notice"
section of the Contract Documents. As more specifically detailed in the Contract
Documents, the Contractor agrees to indemnify and defend the City against any third -
party claim.
6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with
a Taxpayer Identification Number.
7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole
expense, will obtain and maintain during the Contract Time, all necessary permits,
licenses, and certificates that may be required in connection with the Work.
8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps,
models, photographs and reports prepared by the Contractor under the Contract
Documents are the City's property. The Contractor may retain copies of said
documents and materials as desired, but will deliver all original materials to the City
upon the City's written notice.
E
395..
9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City
harmless as set forth in the Contract Documents. The requirements as to the types and
limits of insurance coverage to be maintained by the Contractor as required by the
Contract Documents, and any approval of such insurance by the City, are not intended
to and will not in any manner limit or
tou {hey Contract lllDocuments,llincluding, otherwise
assumed by the Contractor pursuant
limitation, to the provisions concerning indemnification.
10. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the
Contractor will act as an independent contractor and will have control of all work and the
manner in which is it performed. The Contractor will be free to contract for similar
service to be performed for other employers while under contract with the City. The
Contractor is not an agent or employee of the City and is not entitled to participate in
any pension plan, insurance, bonus or similar benefits the City provides for its
employees. Any provision in this Contract that may appear to give the City the right to
direct the Contractor as to the details
Contra c oh w II follow the control over the work means that the direct on of the City as to
end results of the work only.
11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with
respect to all services and matters covered under this Contract. The City will have free
access at all reasonable times to such records, and the right to examine documents, udi the
same and to make transcript therefrom, and to inspect all program data,
proceedings and activities. The Contractor for final payme to nder the
service records for at least three (3) y ears after termination
Contract Documents.
12. NOTICES. All communications to either party by the other party will be deemed
made when received by such party at its respective name and address as follows:
The City The Contractor
Dana Greenwood, Public Works Director Phil Carter, President
City of El Segundo Malibu Pacific Tennis Courts, Inc.
350 Main Street 31133 Via Colinas, Suite 107
El Segundo, CA 90245 Westlake Village, CA 91362
Attn.: Dan Garcia, Assist. City Engineer
Any such written communications by mail will be conclusively deemed to have been
received by the addressee three (3) days after deposit thereof in the United States Mail,
postage prepaid and properly addressed as noted above. In all other instances, notices
will be deemed given at the time of actual delivery. Changes may be made in the
names or addresses of persons to whom notices are to be given by giving notice in the
manner prescribed in this paragraph.
3
39 5 8
13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for
the exclusive benefit of the Contractor and the City and not for the benefit of any other
party. There will be no incidental or other beneficiaries of any of the Contractor's or the
City's obligations under this Contract.
14. INTERPRETATION. This Contract was drafted in, and will be construed in
accordance with the laws of the State of California, and exclusive venue for any action
involving this Contract will be in Ventura County.
15. BUSINESS LICENSE. Unless waived in accordance with Santa Paula Municipal
Code § 110.03(B), the Contractor and all sub - contractors must obtain a City Business
License before executing this Contract.
16. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity
between any provision of the Contract Documents, precedence will be as follows:
A. This Contract;
B. The Standard Specifications; and
C. Precedence of documents as determined in the Standard Specifications.
17. SEVERABILITY. If any portion of the Contract Documents are declared by a court
of competent jurisdiction to be invalid or unenforceable, then such portion will be
deemed modified to the extent necessary in the opinion of the court to render such
portion enforceable and, as so modified, such portion and the balance of this Contract
will continue in full force and effect.
18. AUTHORITY /MODIFICATION. The Parties represent and warrant that all necessary
action has been taken by the Parties to authorize the undersigned to execute this
Contract and to engage in the actions described herein. This Contract may be modified
by written amendment. The City's city manager, or designee, may execute any such
amendment on the City's behalf.
19. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this
Contract, agreements ancillary to this Contract, and related documents to be entered
into in connection with this Contract will be considered signed when the signature of a
party is delivered by facsimile transmission. Such facsimile signature will be treated in
all respects as having the same effect as an original signature.
20. COVENANTS AND CONDITIONS. The parties agree that all of the provisions
hereof will be construed as both covenants and conditions, the same as if the words
importing such covenants and conditions had been used in each separate paragraph.
21. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of
reference only and will not affect the interpretation of this Contract.
4
3958 • ,i,A
22. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the
Contract Documents.
IN WITNESS WHEREOF the parties hereto have executed this contract the day
and year first hereinabove written.
CITY L SEGUND :
Wayt,
ity Manag
ATTEST:
By:
Cindy ortesen
City C erk
APPROVED AS
MARK D. HE
By:
Kar H. Berger,
Assistant City �
E
5
Taxpayer ID Number:
Contractor State
License Number: 618117, A, B, C -8
Contractor City Business
License Number:
PREMIUM IS SUBJECT TO CHANGE BASED ON FINAL CONTRACT PRICE
BOND ISSUED IN DUPLICATE
FAITHFUL PERFORMANCE BOND
Bond No. 2091228
Bond Fee; $3,771.00
MALIBU PACIFIC TENNIS COURTS
and NORTH AMERICAN SPECIALTY INSURANCE COMPANY
•
( "PRINCIPAL ")
a corporation
incorporated under the laws of the State of NEW HAMPSHIRE and licensed by the State of
California to execute bonds and undertakings as sole surety, as surety ( "SURETY "), are held and
firmly bound unto the CITY OF EL SEGUNDO ( "CITY ") in the sum of$194,750.00DOLLARS, which is
a minimum one hundred percent (100 %) of the contract amount, lawful money of the United States,
which may be increased or decreased by a rider hereto executed in the same manner as this band,
for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and
assigns, jointly and severally, by this instrument.
PRINCIPAL or SURETY will apply this bond for the faithful performance of any and all of the
conditions and stipulations set forth in this bond, SPECIFICATIONS NO, PW09 -03 ar .41 the public
works contract executed with such Specifications. In the case of any default in the performance of
the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will
apply the bond or any portion thereof, to the salisfaction of any damages, reclamation,
assessments, p,�nalties, or deficiencies arising by reason of such default_
BOND CONDITIONS
1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS
NO. a copy of which is on file with CITY's Engineering Division ( "Public Project'). Such
performance will be in accordance with CITY's plans and profiles (CITY DRAWING FILE NO.
) which are made a part of this bond when said plans and profiles are approved by the City
Council and filed with CITY's Engineering Division
2. PRINCIPAL's work on the Public Project will be done in accordance with
CITY's plans and specifications and with any permit issued by CITY. Should PRINCIPAL fail to
complete all required work within the time allowed, CITY may, at its sole discretion, cause all
required work to be clone and the parties executing the bond will be firmly bound for the payment of
all necessarycosts therefor.
3. PRINCIPAL. will guarantee its work against any defective work, labor, or materials on
the Public Project for a period of one (1) year following the Public Project's completion and
acceptance by CITY.
4. This bond is conditioned upon and guarantees due compliance with all applicable law
including, without limitation, the El Segundo Municipal Code ( "ESMC ").
S�wcGr.NL:.2t— ?roprra+f -'W FAM.Paf.r.n Bcnd I + +A31
I -E -1
3958 .
S. SURETY, for value recelved, agrees that no changes, extensions of time, alteration
or modifLcatlon of SPECIFICATIONS NO. PW09 -03 or of the obligation to be performed will in any
way affect its obligation on this bond, and it waives notice of any such change, extension of time,
alteration or modification of the contract documents or of the obligation to be performed.
B. This bond consists of this instrument; the plans and specifications identified above;
and the following two (2) attached exhibits all of which are incorporated herein by reference:
A. A certified copy of the appointment, power of attorney, bylaws or
other instrument entitling or authorizing the persons executing this
bond to do so;
B. A certificate Issved by the county clerk for the county in which
SURETY's representative is located conforming with California Code
of Civil Procedure § 995.640 and stating that SURETY's certificate of
authority has not been surrendered, revoked, cancelled, annulled, or
suspended, or in the event that it has, that renewed authority has
been granted; and
7, Should PRINCIPAL perform Its obligations within the time allowed, €'RINCIPAL's
obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will
remain In full force and effect.
SIGNED AND SEALED this 3RD day of
MALIBU PACIFIC TENNIS COURTS, INC.
PRINCIP , 's PRESIDENT
PRINQPAt5 RETARY
PW (� TW7n— — prLES M 0-7`
PRINCIPAL's MAILING ADDRESS-
31133 Vior 6 L-jvAS #IOi
W a✓5i-[.A ke, ,; ,#, ytg!n, aa 9362
JUNE 2D 09
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
SURETY's
SURETY's
SURETY's MAILING ADDRESS:
701 S. PARKER ST., STE. 3800
ORANGE, CA 92868
NOTE: (1) ALL signatures must be acknowledged by a notary public.
Return two (2) originals to City Clerk's Office_
(2) Bond shall be effective for one (1) year after acceptance of the job.
Seua. ^.eaaum— refees':%gy Pxanml i'eriarinunc_$end (!foby
I -E -2
T. MUL LICK, ATTORNEY -IN -FACT
v
i
Col'nie� C!� ^!( of flip., County
+it }� (�tJt k¢rT .cT.F 31 °d ti i:E3 ill t i S it Jaid Count
of s..'.w.
DO HEREBY
his a t �f it t,udrs ��ddatho i
InSt! {c'd' e C fitKr 1 tf 'a' r �,� f�Zlr r 11�;� Fdl I d Ef .r tr d Y 4 i� d i` urwiw in
f"'. STCSt� CiE t} cE)C'Eiilent of
lnsurOli Wdf'a1..�... F.3irI_ G(davriCp i3 i7v,t .� i1:+ ri Go l': , "VL' • f10Eled.
onnUlled, or sus;a.. frracl.
In �'�stime�n ; =1����r ��; 1 hem .n � r i� ll Sri i :�nc �, ed fire sea! of
said County air -- - ��
c a. COUN CLERK
Deputy County Clerk
C. CHEN
vo/j
3y58.0,aA
ACKNOWLEDGMENT
State of California
County of _ Orange )
On June 3, 2009 before me, Christine T. Hoang, Notary Public
(insert name and title of the officer)
personally appeared Yuny, T Mullick
who proved to me on the basis of satisfactory evidence to be the person($) whose name(*) is /era
subscribed to the within instrument and acknowledged to me that he/*Jift executed the same in
hisbberA*k authorized capacity**, and that by his /ilu/Al ak signature(&) on the instrument the
person(t), or the entity upon behalf of which the person() 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 correct.
u►r6 CHRISTINE T. HOANG
WITNESS my hand and official seal. N °; COMM. 0 1827909 X
a; a NOTARY PU8UUZFORNIA
ORANGE COUNTY
ce My comm. Expires DEC 23, 201 Z
V Seal
Signature (Seal)
39 5 8 . 64,04
CALIFORNIA ALL-PURPOSE ACKNOWLED IIMiIIEt�ifi
Mate of California
Los Angeles
County of .... -..... r�
on June 5, 2009 before me, Steve Fiedler, Notary Public
rte e df as ra a+3 T'N of frW officw
Phil Carter _ ._ ......
_.__._
personally appeared Nomf,is) #s rC 1
STEVE FIEDLER
Commisalon # 1771099
-r Notary Public - California
Ventura County
Comm. Ex fires Oct 28, 2011
who proved to me on the basis of satisfactory evidence to
be the personA whose name(A is/WQ subscribed to the
within instrument and acknowledged to me that
he /,04� executed the same; in hi;Jf wAj;e+` authorized
capacity(*40, and that by his,1,4aAl4QiF signatureW on the
instrument the person(S�' or the entity upon behalf of
which the person(Wracted, executed the instrument.
1 certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my nand
yftd offcia/l4al��
Signature ,�_:!T�--- - - - - -' ,. -
OPTtONAL �-
T,rtough the inforMaM)n %haw i5 no? requi, ed by taw, +t may prove valuable to persons re ying on the docurnent
and could pr nt traudutant removal and reattachment of tins form to arrojher dl)c rrtent.
Description of Attached Document
Title or Type of Document: __Faithful Performance Bond
Document pate: June 3, 2009
None
Signer(s) Other Than Named Above: .............. .........
Capacity(iesy Claimed by Signer(s)
Signers Name: Phil Carter _....._
Individual
X Corporate officer Tttle(s): President
Partner _. Limited General
AtiorneV in Fact
Trustee
Guardian or Conservator i
Ol her. . ........ ___ ... ...._.... _ {_
Signer is Representing: _._
_Mm alibu Pacific Tennis Courts Inc .._._.. .
_..
L
Number of Pages:____-,
Signer's Name:_. _._.__._....._
Individual
Corporate Officer -°- Tille(s). __...
Partner -- Limited General
�. Attorney in Face
Trustee
Guardian or Conservator j
older....._.._ ... .......
___ ... ....... _ 1
Signer i l�et�rr >,;er }ting 1
_..._.
L..... ... ........ ... ... ...._�
�2X. K7�t4,�uona¢;1aLyryA.A.�a�at�n. : s'.' a�Ckr..,., tnrvc. �QP, u�I��. �2• ti. x�akswr�kir�, r< 9, sti#- �- �(� ^ts.vx�i�y[uxuxlrt�atuT7`nrc; u�n*ra`, -H"�'= I�, am+knd''s�- Frw�l- ir�'Pcv�fl�''7
BOND ISSUED IN DUPLICATE
39 58 .
LABOR AND MATERIALS SONG
Bond No. 2081228
Bond Fee, PREMIUM IS INCLUDED IN PERFORMANCE BOND
MALIBU PACIFIC TENNIS COURTS, INC.
as principal
( "PRINCIPAL ") and NORTH AMERICAN SPECIALTY INSURANCE COMPANY
a corporation
incorporated under the laws of the State of NEW HAMPSHIRE and licensed by the State of
California to execute bonds and undertakings as sole surety, as surety ("SURETY"), are held and
firmly bound unto the CITY OF El_ SEGUNDO ( "CITY ") in the sum of 181'75066LLARS, which is a
minimum one hundred ,percent (100%) of the contract, lawful money of the United States, which may
be increased or decreased by a rider hereto executed in the same manner as this bond, for the
payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns,
jointly and severally, by this instrument.
This bond is conditioned upon and guarantees payment by PRINCIPAL to contractors,
subcontractors, and persons renting equipment; payment by PRINCIPAL and all PRINCIPAL'S
subcontractors for all materials, provisions, provender, or other supplies, and equipment used in,
upon, for or about the performance of the work contemplated in
SPECIFICATIONS NO, PW09- JPublic Project "), the public works contract executed for sr, ch Public
Project, and for a?! work or labor of any kind performed for the Public Project. in the case of any
default in the performance of the conditions and stipulations of this undertaking, it is agreed that
PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any
damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default.
BOND CONDITIONS
1, PRINCIPAL will construct the public improvements identified in SPECIFICATIONS
NO. PW 09 -03 and the public works contract executed for such Specifications, copies of which is
on file with CITY's Engineering Division ( "Public Project "). Such performance will be in accordance
with CITY's plans and profiles (CITY DRAWING FILE NO. ), which are made a part of this
bond when said plans and profiles are approved by the City Council and filed with CITY's
Engineering Division.
PRINCIPAL will pay all contractors, subcontractors, and persons tenting equipment,
3. PRINCIPAL will pay for all materials and other supplies, for equipment used in, on,
for or about the performance of the Public Project, and will pay for all work and labor thereon.
4. This bond is conditioned upon and guarantees due compliance with all applicable law
including, without limitation, the El Segundo Municipal Code (" ESMC ")_
fionc�kar „���- P,w*"v Lw. gent t 0 on I -F -1
3958. , ,10
5. . SURETY, for value received, agrees that no changes, extensions of time, alteration
orrnodification of SPECIFICATIONS NO. PW 09 -03 , or of the obligation to be performed will
in any way affect its obligation on this bond, and it waives notice of any such change, extension of
time, alteration or modification of the contract documents or of the obligation to be performed.
6, This bond consists of this instrument; the plans and specifications identified above;
and the following TWO (2) attached exhibits all of which are incorporated herein by reference:
A_ A certified copy of the appointment, power of attorney, bylaws or other instrument
entitling or authorizing the persons executing this bond to do so; and
G. A certificate issued by the county cleric for the county in which ?URETY's
representative is located conforming with California Code of Civil Procedure §
895.640 and staling that SURETY's certificate of authority has not been
surrendered, revoked, cancelled, annulled, or suspended, or in the event that it
has, that renewed authority has been granted,
7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's
obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will
remain in full force and effect.
S GNELD AND SEALED this 3RD day of JUNE , 2() 09
MALIBU P CBFIC TENNIS COURT NORTH AMERICAN ECIALTY II
PkINCi L's NT SURETY' ENT
PRtNCIP 's SECRETARY
PA u- cAtz eiz-- Pa a 5 i Dc- - `
PRINCIPAL's MA+I_ING ADDRESS
31133 V iA COfit�nS, # 107
w r`a vi,4AO&C, ea 9i3b.:Z
SURETY'S C�'YUr T. MULLICK, ATTORNEY -IN -FACT
SURE `s MAILING ADDRESS.,
701$. PARKER ST., STE. 3800
ORANGE, CA 92868
DOTE: (i) ALL signatures must be acknowledged by a notary public.
Return two (2) originals to City Clerk's Office.
(2) Bond shall be effective for one (1) year after acceptance of the lob.
LA60A aW0 MAt VW" 4QN014P4 rpyi' /Kf2}
1-F -2
q.
nena of
100
od, Ganculed
e I atjd e�-iyed the seal of
"-,aid cuunly Uf i
&PL,VL C CQuNTY CLERK
o f 3y. Deputy county Clerk
r
C. CHEN
3 9 5 8 . .1 .04
ACKNOWLEDGMENT
State of California
County of Orange )
On June 3, 2009 before me, _ Christine T Hoang, Notary Public
(insert name and title of the officer)
personally appeared Yun T. Mullick
who proved to me on the basis of satisfactory evidence to be the person() whose name() is /��:
subscribed to the within instrument and acknowledged to me that he*#ffl c ( executed the same in
hisbber/4iavk a,.ithorized capacity* , and that by his&exhfta: c signature(s) on the instrument the
person(*), or the entity upon behalf of which the person(j) 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 correct.
Nsh CHRISTINE T. HOANG
WITNESS my hand and official seal. COMM. # 1827909 X
NOTARY PUB UUAUFORNIA � ORANGE COUNTY y Comm, EOrw DEC 212012
Signature 'I (Seal) �
3958•..:
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International
Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of
Itasca, Illinois, each does hereby make, constitute and appoint:
JENNIFER C. GIBONEY, JAMES W. MOILANEN, YUNG T. MULLICK,
CHRISTINE T. HOANG and P. AUSTIN NEFF
JOINTLY OR SLVLRALLY
Its true and lawful Attorney(s) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of TWENTY -FIVE MILLION (525,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on the 24th of March, 2000:
"RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President,
the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named
in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them
hereby is authorized to attest. to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
A§� �AUTr�,/ihq� 510NA
rO�Q,: PD" G r �p
By ?:
titeven P. Anderson, Presklenl & Chleflxeculhe lNifcer of K'ashLigion International Insurance Company �r• s>iL g
&Senior Fite President ofM1arth American Specialty Insurance Cronpany Ql. sn
9Nlylllll111Utttt \� By £- low
T'
Da%td AI. Layman, an, Senior Vice Presiden W ashington International Insurance Company �
& Vice President of North American Specialty Insurance Company
IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 20th day of February 12009 .
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
County of Du Page ss:
On this 20th day of February 20 09 , before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman ,
Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company,
personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and
acknowledged said instrument to be the voluntary act and deed of their respective companies.
Im �,,;•'""LENS tate of If Expires 10106/2011
Donna D. Sklens, Notary Public
I, James A. Camenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington
International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North
American Specialty Insurance Company and Washington International Instuance Company, which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this and day of JUNE —20 09 .
James A. Carpenter, Vice President & Assistant Secretary of Washington Intonational Insurance Corryany &
Nash American Specialty Insurance Company
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
on June 5. 200 before me . . ....... . ........... . Steve Fiedlqr,,Noa,n�yubliq
hsAfi RX1W, VO y ri� Of the Oxg
rb,
personally appeared Phil Carter
w;1;111 _isa S74;;�(;)
STEVE FIEDLER
M. COMMI331on # 1771099
Notary Public - California
Ventura County
My Cam. fgpkes Oct 28,201 Al
3958 - . .A
who proved to me on the basis of satisfactory evidence to
be the personA whose nameA is/we- subscribed to the
within instrument and acknowledged to me that
he/90e�6executed the same in hisl;a411uair authorized
capacity 4&), and that by hj&fhefi4Mi( signaturoK on the
instrument the personW, or the entity upon behalf of
which the person/ 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 correct.
WITNESS my hen and offi i s. I.
Signature .. RWAIC
......... - __ - - -
OPTIONAL -
Vmugh the bolOw jS [30' required by IaW 0010Y Prove Viltrable to P&fsor;_,z relying on the 010CUM&W
and could Prevent lraudUlenf ferlOvsl and reattachment of tit's 10M) 10 arVhOr dc)(11Tnent-
Description of Attached Document
Title or Type of Document: 'Labor 8,- Nfat,,ial, Bond
. .. . .................
Document Dale: June 3, 2009,
Signer(s) Other Than Named Above: _None
I ...............
Capacity(les) Claimed by Signer(s)
Signer`s Name; _Phil Cer,te,1r-
Individual
Corporate Officer --Tilte(s): President
. .......... .... . .
Partner — '1_ Limited � General
Attorney in Fact
Trustee
Guardian or Consery wor
Other . ........ .
11-111--_ . . . .........
Signet Is Representing . .......
Malibu Pacific Tennis Courts, Inc. i
. . . . . ................ .
........... _-1-11111
Number of Pages:
Signer's Name: . ........... . . ............ . .. . ....a ..... ........
Individual
Corporate Officer — Title(s):
Partner Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Othec. .. .. .... ........... .......... .. ........ __.—
Signer Is Representing
I F3*HT THUNISPRIN T
I OF SIGNER