Jnd No.

7639937
Premium Listed On Performance Bond
Executed In Duplicate
MATERIAL AND LABOR BOND
PUBLIC WORKS
KNOW ALL MEN BY THESE PRESENTS:
That we Fidelity and Deposit Company of Maryland
as surety, and Tombleson, Inc.
------------------------_ _ _ _ _ _ _ _ _ _ _ _as Principal, are held and firmly bound unto the CITY OF
CARMEL-BY-THE-SEA, in the sum of SIX HUNDRED NINETEEN* ($ 619,654.00 ), said sum
being one hundred percent (1 00%) of the estimated amount of the foregoing and annexed
contract, to be paid to said City, for which payment, well and truly to be made, we bind
ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally,
firmly and by these presents.
*THOUSAND SIX HUNDRED FIFTY FOUR AND 00/100 DOLLARS

THE CONDITIONS OF THIS OBLIGATION ARE SUCH:

That if the above bounden Principal, as Contractor in the annexed contract or his
subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for
or about the performance of the work contracted to be done, or shall fail to pay any person,
company or corporation renting implements or machinery for or contributing to said work to be
done, or any person who has performed work or labor upon the amounts due under the
Employment Insurance Act with respect to such work or labor, the surety will pay for the same,
in an amount not exceeding the above obligation, and also, in case suit is brought upon such
bond, the above bounden Principal and the said surety will pay a reasonable attorney's fee to be
fixed by the court. This obligation and bond shall inure to the benefit of any and all persons
entitled to serve a notice under Section 3181 of the Civil Code and said persons or any of them,
or their assigns shall have right of action thereunder.
22nd

IN WITNESS WHEREOF, we have here

day of April
, 2014.

Ste e Locke- President

(Seal)

Fidelity and Deposit Company of Maryland

phanie Hoang

City of Cannel by the Sea

Beach Restrooms Project

Material and Labor Bond

Page 1 of2

STATE OF CALIFORNIA
On this ______ day of _ _ _ _ _ __, 2014, before me _ _ _ _ _, a
notary public in and for the State of California, personally appeared _ _ _ _ _ _ _ __
known to be the person whose name is subscribed to the within instrument as the Attorney in
Fact of

---------------------------------------

and acknowledged to me that he subscribed the name of _______________

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - t h e r e t o as surety, and
his own name as Attorney in Fact.

IN WITNESS WHEREOF I have hereunto set my hand and af?xed my official

seal the day and year in this certificate first above written.

Notary Public in and for said State of California

City of Carmel by the Sea

Beach Restrooms Project

Material and Labor Bond

Page 2 of2

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

~~cy-@W.Q!'~~.ey~.,er~..m-m~,oq~.g:..cy

State of California
County of
On

Ornv

~/t

Barbara Copeland, Notary Public

before me,

Here Insert Name and Title of the Officer

Date

personally appeared ----------------<:S:::te::!p'Shf:annw:ie:::;H:::-;o:.'a~n-'l::g'------------

Name(sl of Signer(s)

who proved to me on the basis of satisfactory evidence to

be the person(-!>) whose name(.s) is/ar-e subscribed to the
within instrument and acknowledged to me that
-fie/she/tl=ley executed the same in -Rislher/tl:leir authorized
capacity(ies), and that byffis/her/their signature(&} on the
instrument the person{s), or the entity upon behalf of
which the person(st 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.

Place Notary Seal Above

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 D o c u m e n t : - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Document Date: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Number of P a g e s : - - - - - - - - Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)

Signer's Name:

Signer's Name: _ _ _ _ _ _ _ _ _ _ _ _ _ __

Stephanie Hoang

0 Individual
0 Corporate Officer- Title(s):
0 Partner- 0 Limited 0 General
~ Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other: _ _ _ _ _ _ _ __
Signer Is Representing: _ _ _ __

Top of thumb here

D Individual
D Corporate Officer- Title(s): _ _ _ _ _ _ _ __
D Partner - D Limited D General
D Attorney in Fact
Top of thumb here
D Trustee
D Guardian or Conservator
D Other:---------Signer Is Representing: _ _ _ __

R.-GJ<).'liX,."@'!il<;;~;;;<;.~"@'GI>'G(iC(iC<;i'!il(;'GI>-m:<;<;.'@;~~-GX.'GI>~~mQi;<\i;;0<%-c<>'@>9>'Q<>q<;~'(!(;'<XO'@>'QC.'C<

C2007 National Notary Association 9350 De Soto Ave., P.O. Box 2402 Chatsworth. CA 913132402 www.NatlonaiNotary.org Item #5907 Reorder: Call Toll-Free 1-BOD-876-6827

ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New
York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by
THOMAS 0. MCCLELLEN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said
Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby
nominate, constitute, and appoint Eric LOWEY, Mark RICHARDSON and Stephanie HOANG, all of Costa Mesa, California, EACH
its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: and
the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to
all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN
INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of
the By-Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 5th day of September, A.D. 2012.
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MA.YLAND

By. --~--- ..- - - - . - A~.~isl'uni 'Secretary

Eric D. Barnes

Vice President
Thomas 0. McClellen

State of Maryland
City of Baltimore
On this 5th day of September, A.D. 2012, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, THOMAS
0. MCCLELLEN, Vice President, and ERIC D. BARNES, Assistant Secretary, of the Companies, to me personally known to be the individuals and
officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith,
that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and
that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporations.

Maria D. Adamski, Notary Public

My Commission Expires: July 8, 2015

POA-F 012-0016

EXTRACT FROM BY-LAWS OF THE COMPANIES

"Article V, Section 8, Attorneys-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such
attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERJCAN INSURANCE COMPANY, the COLONIAL AMERJCAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of
the By-Laws of the Companies is still in force.
This Power of Attorney and Ce:itificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERJCAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERJCAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the lOth day ofMay, 1990.

RESOLVED. '~That the facsimile or mechanically I:eproduced seal of the company and facsimile or mechanically reproduced signature
of any. Vic~-I'reside11f S~i::rUary, or Assistant Secretary of the. Company, whether made heretofore or hereafter, wherever appearing upon a
certi:fie.c:: r:t>py of ~~ypo\vt:r nf attorney issued by \he Company, shall be valid and binding upon the Company with the same force and effect
as fu'=",ugh!~tlTtU:J!l)r CJ.:~Xed, : .
:N T.i"".STU.-::CNY~.F,.i;.OF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
thisP.)('dda)'0f
,.;
20.

Geoffrey Delisio, Vice President

ACKNOWLEDGMENT

State of California
County of
Monterey

On_;/_~_--/-'--~--

before me,

c::/1,/J ' ?j_

fAf(J @J~, Afrf77t/21 {Vf!;;ULI _~s~rt :me and ti~ 'Oiifcer)

-------

personally appeared
or~- /-{)~
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) 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.

LORI BUSH
l.
COMM. # 1918985
Notary Public-Caltfornia ~
County of Monterey
tv
My Comm. Exp. Jan 22,2015

WITNESS my hand and offi.cial seal,

Signature~ Ak

J:

(Seal)