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18-0302_RD OLSON CONSTRUCTION, INC._Performance Bond 8239-47-07-SNA BOND NO. 8239-47-07 OlqlGC INITIAL PREMIUM: $8,343.00 SUBJECT TO RENEWAL. GRADING SURETY AGREEMENT PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: R.D. Olson Construction, Inc. WHEREAS the City of San Juan Capistrano ("City'') and c/o South Coast Investors II, LLC (`'Principal"), have executed an agreement for work consisting of, but not limited to, the furnishing of all labor, materials, tools, equipment, services, and incidentals for all grading and installation of related improvements for Plaza Banderas B 17-1134 ("the Work"); WHEREAS, the Work to be performed by Principal is more particularly set forth in that certain Grading Surety Agreement dated March 2nd _ , 2018 ("Agreement"), which Agreement is incorporated herein by this reference; and WHEREAS, Principal is required by the Agreement to provide a good and sufficient bond for performance of the Agreement, and to guarantee and warranty the Work performed thereunder. NOW, THEREFORE, Principal and Federal Insurance Company _ as surety ("Surety"), a corporation organized and existing under the laws of the State of Indiana and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City in the sum of One Million One Hundred One Thousand Two Hundred Forty Six dollars ($1,101,246), for which amount well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such, that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, warranties and provisions in the Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning, and shall indemnify and save harmless City, its officers, employees, and agents, as therein stipulated in the Agreement, then this obligation shall become null, and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attomey's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety, 'for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the tenors of the Agreement, or to any plans, profiles, and specifications related thereto, or to the Work to be performed thereunder, shall in any way affect its Grading Surety Agreement, Permit # B17-1134 Page 8 of 10 6114-,02 100,24835741.2 77 pRIGINAL obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Agreement, or to the Work or to the specifications. IN WITNESS WHEREOF, the seal, if any, and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at Laguna Hills, CA , this 7th day of March 2018 . R.D. Olson Cons,(ruction, Inc c/o Southpasi lipvestors II, LLC Federal Insurance Company Prin ' a Surety B By:111 p- Attorney -in -Fast a , 1 � Y�Ja'40'j Linda D. Coats (print name) (print name) NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF ATTORNEY TO LOCAL REPRESENTATIVES OF THE SURETY MUST BE ATTACHED TO THIS BOND. Grading Surety Agreement, Permit # (317-1 134 Page 9 of 10 61 147.02100 ,24835 741.2 i -, Notary Acknowledgment A notary public or other officer completing this certificate, verifies only the identity of the individual who signed the document to which this certificate is attached, and not the , truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On �/ll -7 . 20�, before me, Notary Public, personally appeared � HZA (l , z Ute\ , who proved to me on the basis of satisfactory evidence to be the person(,') whose name(6Is are subscribed to the within instrument and acknowledged to me thatlie/they executed the same in bi(l 1heir authorized capacity(ies), and that by.i6the+r signature(s) on the trument the person(4 or the en ity upon behalf of which the person(,) acted, exe �Gt ed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. KATHI SHORT WITNESS my hand and official seal. commission # 2115535 Z Notary Public - Caly nia z ^— � '' V� Z Orange County > t it n 14, 2019 .... 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. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑ Corporate Officer Title(s) Title or Type of Document ❑ Partner(s) ❑ Limited ❑ General Number of Pages ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other - Signer is representing: Name Of Person(s) Or Entity(ies) Grading Surety Agreement. Permit # 817-1134 61 14702 100,2481574 Date of Document Signers) Other Than Named Above Page 10 of 10 1 ©�;/6,�/ A� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 '.`�' �`�`..: �;a:%��^s...:5:..�tF<.�F`S.k'1��:�.�z'��z �?�".�_.eC..:�C'F..��YSfi'�:.i:-Y:i7Rfe�.,'��S:�ei�A�•!.sC.�::���C�X:�`.S.'.� X'x:C: �*:'���:.':5::.�:4.�5"4a `6.�:£�)fiC:�- �:� A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of r Orange On i_�.P Y�'1,� �) before me, Date personally appeared Linda D. Coats Summer L. Reyes, Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) 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. SUMMER L. REYES Notary Public -California -: Orange County Commission #F 2158864 M Comm. Expires Jul 29, 2020 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signat e of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General L-1 Individual E. Attorney in Fact ❑ Trustee 1- Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual (I Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Chubb POWER Federal insurance Company Attn: Surety Department OF Vigilant insurance Company 15 Mountain View Road Ic Surety ATTORNEY Pacific indemnity Company Warren, NJ 07059 ft�4iJtttttta Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Linda D. Coats, Matthew J. Coag and Summer Reyes of Laguna Hills, California -------------- ________ ------ each as their true and lawful Attorney- in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf a`s surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than ball bonds) given or exexxlted in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE CO?&ANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and these presents and affixed their corporate seals on this 1 day of June, 2015. Dawn M. loos, Assistant Secretary avid B. Norris, Jr., Vice P ent STATE OF NEW JERSEY ss. County of Somerset On this 1st day of June, 2015 before me, a Notary Public of New Jersey, personally came Dawn M. Chloros, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros, being by me duly swum, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that she is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of David B. Norris, Jr., subscribed to said Power of Attorney is in the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By- Laws and in deponent's presence. Notarial Seal TAR), KATHERINE J. ADELAAR do-1111-111111NOTARY PUBLIC OF NEW JERSEY 'URl1CNo. 231eee5 Commission Expires July 16, 2019 NWary Pubic JER CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY; 'All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and arty such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which It is attached.' I, Dawn M. Chbros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the `Companies) do hereby certify that (i) the foregoing extract of the By- Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in the U.S. Virgin Islands, and Federal is licensed in, Guam, Puerto Rico, and each of the Provinces of Canada except Prince Edward Island: and (iii) the foregoing Power of Attorney is truce, correct and in full force and effect. Given under my hand and seals of said Companies at Warren, NJ this 7th day Of March 2018 Dawn M. Chloros, Assistant Secretary [__iNTHE__EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS OSTEO ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 9033656 ii -mail' suretyachubb.com Form 1510- 0225& U GEN CONSENT (rev 12-14j