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09-0120_M.S. CONSTRUCTION_Performance Bond 105038711 • THE FINAL PREMIUmo PREDICATED ON THE This bond was issued in three(3) FINAL COIy'TRACT PRICE Bond No. 105038711 identical counterparts. Premium: $32,141.00 PERFORMANCE BOND WHEREAS,the Board of Directors of the San Juan Capistrano Community Redevelopment Agency,State of California, and M.S. Construction Management croup (hereafter designated as"Principal"), have entered into a Agreement dated January 20th ,20 09 and made a part hereof, and NOW,THEREFORE,we,the Principal and Travelers Casualty and Surety Company of America , as Surety, are held firmly bound unto the San Juan Capistrano Community Redevelopment AgcneZ(hereafter called"Obligee"), in the sum of Two Million Eighty Three Thousand Eight Hun red Fifty Three and 33/100 dollars,lawful money of the United States, for the payment of which sum well and truly to be made,we bind ourselves, our heirs, successors,executors and administrators,jointly and severally, firmly by these presents. NOW,THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform the improvements identified in the Agreement,then the i obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights,if there be any,to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby,and in addition to the face amount specified,there shall be included costs and reasonable expenses and fees, including reasonable ? attorney's fees,incurred by San Juan Capistrano Community Redevelopment Agency, State of f California in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. 4 2. Said Surety,for value received,hereby stipulates and agrees that no change, extension of time,alteration,or modification of the contract documents or of the work to be performed there under,shall in any way affect its obligations or this band,and it does hereby waive notice of any such change extension of time,alteration, or modification of the contract documents or of work to be performed there under. Executed this 20th day of January 70 09 at Orange California. f 40 S V +�� 4 r�. �t���?%Ci _ �. .. v... .. _,� �,i � 67(15.( WH. -' ...v »'.''.j.���.. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 1/20/09 before me, DanielHuckabav NotarvPublic Date Here Insert Name and Title of the Officer personally appeared Arturo Ayala Names)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 DANIEL HUCKABAV executed the same in his/her/their authorized capacity(ies), comM uvsssla M and that by his/her/their signature(s) on the instrument the m',, NOWry PublicCalifornia LL person(s), or the entity upon behalf of which the person(s) d oaANCE couNry acted, executed the instrument. V My Comm Exgires APr.24,2012 I certify under PENALTY OF PERJURY under the laws of the State of C m the foregoing paragraph is true and corpe. Witnessand and o ' eal. Signature Place Notary Seal Above 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: Performance Bond Document Date: 1/20/09 Number of Pages: Two Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:Arturo Ayala Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner ❑Limited❑General ❑ Partner—❑ Limited❑General Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2007 Nat oral Notary Association•9350 De Soto Ave.,P.O.Sox 2402•Chatswoth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-8]6-682] CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT S-ATE OF CALIFORNIA }SS C)UNTY OF O i 1/22/09—__--_—___before me, Hedieh Sabet personally appeared Mike Saghafi , NAME(S)OF SIGNER(S) -------------- personally known to me -OR-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 SABET signature(s)on the instrument the person(s),or the entity upon behalf of .,I ► ' OMM. #1617668 z which the person(s)acted,executed the instrument. ..nary Punic California Ofange County WITNESS my hand and official seal. M Conor.Expires Now.! 2009 Ai— SIGNATURE Oft NOTARY OPTIONAL Though the data below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER Performance Bond -------- ---------- -- ----------------- TITLE(S) TITLE OR TYPE OF DOCUMENT PARTNER(S) LIMITED or GENERAL 2 ATTORNEY-IN-FACT TRUSTEE(S) NUMBER OF PAGES GUARDIAN/CONSERVATOR OTHER: 1/22/09 DATE OF DOCUMENT SIGNER IS REPRESENTING: N IME OF PERSONS(OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE