19-0917_C.S LEGACY CONSTRUCTION, INC._Payment Bond No 281782 Bond Number: 2901702
Bond Premium: Included
F'—`
1.2 Payment Bond (Labor and Materials),
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of San Juan Capistrano reinafter designated as the "City"), by action
taken or a resolution passed Se"terobcrl8 , 20 19 , has awarded to
C.S. Legacy Construction, Inc. hereinafterhereinafter designated as the Principal," a contract for the work
described as follows: Contract Nm.CIpl4l06 (the "Project"); and
WHEREAS,said Principal is required to furnish a bond in connection with said contract; providing
that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions,
provender, equipment, or other suppkes used in, upon, for or about the performance of the work
contracted to be done, or for any work or labor done thereon of any kind. or for amounts due
under the Unemployment Insurance Code or for any amounts required to be deducted, withheld,
and paid over to the Employment Development Department from the wages of employees of said
Principal and its Subcontractors with respect to such work or labor the Surety on this bond will
pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and Great American Insurance Company as Surety, are held
and firmly bound unto the City in the penal sum of ~ Dollars ($ 1'721,939.98 \
lawful money of the United States of America, for the payment of which sum well and truly to be
nmade, we bind ourse|ve8, our he|rs, emecubonm, adrninistratorm, successors and assigns, jointly
and severally, firmly by these presents.*one million seven hundred twenty one thousand nine hundred thirty nine and 98/100
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors,
heirs,executors,administrators,successors or assigns,shall fail to pay any of the persons named
in Civil Code Section 9100. fail to pay for any rna1eria|m, provisions or other supplies, used in, -
upon, for or about the performance mfthe work uontr �
� edtobedone, orfor any work orlabor
thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to
work or labor peormed under the contract,or for any amounts required to be deducted, withheld,
and paid over to the Employment Development Department or Franchise Tax Board from the
wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation
Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the
sarne, in an amount not exceeding the sum herein above specified, and also, in case suit is
brought upon this bond, all litigation expenses incurred by the City in such suit, including
reasonable attorneys' fees, court costs, expert witness fees and investigation expenses.
This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as
to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released
from the obligation of this bond by any uhange, extension of time for performance, addition,
alteration or modification in, to, or of any contract, plans; specifications, or agreement pertaining
or relating to any scheme or work of improvement herein above described, or pertaining or relating
to the furnishing of labor, materials,or equipment therefore, nor by any change or modification of
any terms of payment or extension of the time for any payment pertaining or relating to any
scheme or work of improvement herein above described, nor by any rescission mrmttemmotad
rescission or attempted rescission of the oontnmut, agreement or bond, nor by any conditions
precedent or subsequent in the,bond attempting to limit the right of recovery of claimants
otherwise entitled to recover under any such contract or agreement or under the bond, nor by any
fraud practiced by any person other than the claimant seeking to recover on the bond and that
e1147,02100120e*02424 -51- 00 61 13-BOND FORMS
this bond be construed most strongly against the Surety and in favor of all persons for whose
benefit such bond is given, and under no circumstances shall Surety be released from liability to
those for whose benefit such bond has been given, by reason of any breach of contract between
the owner or City and original contractor or on the part of any obligee named in such bond, but
the sole conditions of recovery shall be that claimant is a person described in Civil Code Section
9100,and has not been paid the full amount of his claim and that Surety does hereby waive notice
of any such change, extension of time, addition, alteration or modification herein mentioned,
including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 21st day of
September ,
(Cqrporate.,Seal) C.S. Legacy Co, struc1 on,Inc.
- ;7 Contractor/ Pri deal
By 4 (
111'
t.
c9mP,44',,,
••-• Title Gre:: Strum.f, President
1 0
(Corporate Seal) :D iaGreat Ame s ance Corn.an
p3,7 Surety
11111---'4111
. . By
ttomeyrIrTer
.tto•
(Attach Attorney-in-Fact Certificate) Title Kevin P. Reed, Attorney-in-Fact
61147.02100\20950242.4 -52- 00 61 13-BOND FORMS
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 ,20 , before me, , Notary Public, personally
appeared ._„ , 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.
WITNESS my hand and official seal.
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.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACKED DOCUMENT
o Individual
❑ Corporate Officer
1 itle(s Title or Type of Document
❑ Partner(s) ❑ Limited
General Number of Pages
o Attorney-In-Fact
❑ Trustee(s)
❑ Guardian/Conservator Date of Document
❑ Other:
Signer is representing:
Name Of Person(s)Or Entity(ies)
Signer(s)Other Than Named Above • -
NOTE: This acknowledgment is to be completed for Contractor/Principal.
61147.02100120950242.4 -53- 00 61 13—BOND FORMS
*********see attached acknowledgment
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 20 , before me, , Notary Public, personally
appeared , 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.
WITNESS my hand and official seal.
• 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.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
o Individual
o Corporate Officer
Title(ir Title Or type of D-P-Eurrient
o Partner(s) 0 Limited
0 General Number of Pages
o Attorney-In-Fact
o Trustee(s)
o Guardian/Conservator Date of Document— —
o Other:
Signer is representing:
Name Of Person(s)Or Entity(ies)
— Signer(s)Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local
representatives of the bonding company must also be attached.
END OF PAYMENT BOND
61147.02100\20950242,4 _54_ 00 61 13—BOND FORMS
•
•
"GREAT AMERICAN INSURANCE"COMPANY® .
Administrative Office: 301 E•4TH STREET • CINCINNATI,OHIO 45202 • 513-369-5000 • FAX 513-723-2740 .
• The number of persons authorized by - . •
this power of attorney is not more than THREE
• No.0 14866
POWER OF ATTORNEY •
-
' KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under
and by virtue of the laws of the State of Ohio,does,hereby nominate,constitute and appoint the person or persons named below,each individually if more than, •
one'is named,its true and lawful attorney-in-fact,for it and in its name,place and stead to execute on behalf of the said Company,'as surety,any-and all bonds,
undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said Company on any such bond, •
.undertaking or contract of suretyship executed under,this authority shall not exceed the limit stated below. -
Name :Address Limit of Power
• KEVIN P.REED ALL OF ALL' .••
MARCUS A.REED TUCSON, $100,000,000.00
JON ROSBURG • ARIZONA • • '
•
This Power of Attorney revokes 011 previous powers issued on behalf of the'attorney(s)-in-fact named above. ' • ••
. ' . IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to-be signed and attested by its appropriate .
4
officers-and its corporate seal hereunto affixed.this . . ... 26TH day of. SEPTEMBER 2017 .
Attest ^ GREAT AMERICAN INSURANCE COMPANY .••
•
be •
�N , . .,
•
INSURq`�C! .
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. ,
(0. ---- •' '-..... /444 —
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• Assistant Secretary ' ' • Divisional Senior Vice President '
• STATE OF OHIO,COUNTY OF HAMILTON-ss: DAVID c.KITOHIN(877-377-2405)
. . On this26TH day of SEPTEMBER , 2017 , before me personally.appeared DAVID C.KITCHIN, to me
known,being duly sworn,deposes and says that he:resides-in Cincinnati;Ohio,that he is a Divisional Senior Vice President of the Bond Division of Great: '• .
American Insurance Company,the Company described in and which executed the above instrument;that he knows the seal of the said Company;that the seal'
:. affixed to the said instrument is such corporate seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his
name thereto by like authority.
anA Kohorst
,, - - ./.4:4,2 5( -
No�ry Pubic,Std al0hio 2 �,�,
4-4.4,-,` COflq�ilca _ 05 a 4 1..(^6
This Power ofAttorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company
' by unanimous written consent dated Juhe 9,2008. .r . .. . .
RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents,Divisional Vice Presidents and Div.isonal Assistant Vice
Presidents,or any one of them, be and hereby is authorized,from time to time,to appoint one or more Attorneys=in-Fact to execute on behalf of the Company,
as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof to prescribe their respective duties and •
the respective limits of their authority;and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the .
. Company maybe affixed by facsimile tr7.any.power of attorney or certificate of either given for the execution of any bond, undertaking,contract of suretyship,
or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature of such
officer and'the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed.
CERTIFICATION
• . I,STEPHEN`C.BERAHA,Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing`poi r ,.Q phigy and
the Resolutions of the Board of Directors of June 9,2008 have not been revoked and are now in full force and effect. • ,,+ \ . 4 If
•`Signed and sealed this2, .day of'' 1 7. V ,.
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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 SAN BERNARDINO )
On SEPTEMBER 23, 2019 before me, GLORIA MACIAS, NOTARY PUBLIC
(insert name and title of the officer)
personally appeared GREGG STRUMPF
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. -
GLORIA MACIAS
WITNESS my hand and official seal. Notary Public Ca
'•1e' � San Bernardino CountyF
Commission#2284219
My Comm.Expires Apr 2,1021
Signature (}4Ap . (Seal)
•
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 Orange )
On September 21, 2019 before me, Brandon K.'Grindel, Notary
(insert name and title of the officer)
personally appeared Kevin P. Reed, Attorney-in-Fact
who proved to me on the1basis 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.
WITNESS my hand and official seal.
BRANDON K.GRINDEL
Notary Public-California
Z `tet z r= Orange County
Z Y
Commission#2243619
Signature 1� _ (Seal) My Comm.Expires Jun 18,2022