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19-0917_C.S LEGACY CONSTRUCTION, INC._Performance Bond 2981782 Bond Number:2981782 Bond Premium: $17,831.00 00 61 13- BOND FORMS 1.1 Performance Bond. , KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS,the City of San Juan Capistrano,(hereinafter referred to as"City')has awarded to C.S. Le:acy Construction, Inc. , (hereinafter referred to as the"Contractor') an agreement for Contract No. CTP 14106, (hereinafter referred to as the"Project"). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ____, (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, C.S. Legacy Construction,Inc,. the undersigned Contractor and Great American Insurance-Company as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of , DOLLARS, ($ 1,721,939.98 ), said sum being not less than one hundred percent(100%)of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, ' executors and administrators, 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 the Contractor, 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 and agreements in the Contract Documents and any alteration thereof made as therein provided, on its 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 faithfully fulfill all obligations including the one (1)year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney's fees, incurred by City in enforcing such obligation. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship.- The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15. 61147.02100\20950242.4 -46- 00 61 13-BOND FORMS Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option: Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price,including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any • other set offs pursuant to the Contract Documents. iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change,extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its 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 Contract Documents or to the Project. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] • 61147,02100120950242.4 _1.�7_ 00 61 13-BOND FORMS IN WITNESS WHEREOF, we have hereunto set our hands and seals this21st day of September . , 20 19. (Corporate Seal) C.S.Letacy Cons.ruction,Inc. Contractor/ Princ-•. By ii -.. „,% ,`d. Title Gregg P St, mpf, President 4"C..)V/ .,.s A ' Great American Insurance Company (Corporate Seal) „2 �`- ,. y • Qa /✓' •�" Surety :, �cD• i '17 By . _ ., -..1'...••,, :�yti ,.,'. ,ey-in-Fact (Attach Attorney-in-Fact Certikl �� Title Kevin P. Reed,Attorney-in-Fact The rate of premium on this bond is � per thousand. The total amount of premium charges is$ $17 831.00 _ (The above must be filled in by corporate attorney.) **$14.40 per thousand on the first$500,000 of the contract amount THIS IS A REQUIRED FORM **$8.70 per thousand on the remaining $1,221,939.98 of the contract amount Any claims under this bond may be addressed to: (Name and Address of Surety) Great American Insurance Company 75a The City.Drive South, Suite 470, Orange,CA 92868 • (Name and Address of Agent or Kevin P. Reed Representative for service of PO Box 2352, Orange, CA 92859 process in California, if different „_ from above) (Telephone number of Surety (714) 740-3117; 714 469 5788 and Agent or Representative for service of process in California) 61147.02100\20950242.4 148- 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 ATTACHED DOCUMENT ❑ Individual o Corporate Officer Titie(s) Title or Type of Document n.. , ❑ Partner(s) a Limited General Number of Pages ' ❑ Attorney-In-Fact u Trustee(s) ❑ Guardian/Conservator Date of Document ❑ Other: Signer is representing: Name Of Person(s)Or Entity(ies) Signers)Other Than Named Above _. NOTE: This acknowledgment is to be completed for Contractor/Principal. 61147.02100\20950242.4 -49- 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 0 Individual o Corporate Officer " Titre-OTTY-pe"eitiOCUMWt""-- —o Partner(s) 0 Limited . 0 General Number of Pages O Attorney-in-Fact o Trustee(s) O Guardian/Conservator — Date of Document • c] 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 PERFORMANCE BOND 61147.02100\20950242.4 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 ofAttoiriey revokes all previous powers issued ori 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 officers and its corporate seal hereunto affixed this26TH. day of . SEPTEMBER . 201.7 Attest : GREAT AMERICAN INSURANCE COMPA•NY 3 , : . • • , • : g �— e. . ,. ......____ . . Assistant Secretary Divisional Senior Vice President . • STATE OF OHIO,COUNTY OF HAMILTON-ss: : DAVID C.KITCHIN(6i7-377-2405) On this ' . 26TH - 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 Divisionof 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 seat • . 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. ' . ' • . . . ........ .. f&,IWI o it .. • . . a A.,,,,,,,., , _____:__ . . ,_ p.,........., • • • . . . .4 a/0-' .410- • . 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 June 9,2008.. ' f ' 'RESOLVED: That the Divisional President,the several Divisional Senior Vice Presidents„Divisional Vice Presidents and Divisonal 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 Secretaty or Assistant Secretary of the . ' Company may be'af xe 1 by facsimile to 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. CERTIFICA .ION . I,STEPHEN C.BERAHA,Assistant Secretary of Great American Insugance Company,do hereby certify that the foregoing Power ofAttorney and.; the Resolutions of the Board of Directors of June q,2008 have not been r yoked and are now in full force and effect. tif Signed and`sealed'this (`� • ' day oft, r .► ` ti� �.� , , ,� + Z1Li 1 r , , 1 y P�.. R•gti� f ,tee` Z.•ici , " ,.. . .. , �•1 • E . ,. 3 3 4. 47 . , -4• .:I:--.. „..=-.-. ,W4,..,•k''' w' , � Assistant Secretary 2' 3-- r: S1029AF(06/15) - ��tS' ..•- ``r% 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, 2019before 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 ' Notary Public-California WITNESS my hand and official seal. c �' 7..• San Bernardino County I _ Commission b 2284119 •" My Comm.Expires Apr 2,2023 Signature , A,� (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 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. . sem BRANDON K.GRINDEL Notary Public-California_ ,,; „• f= Orange County 0z c is Commission#2143619 Signature ''': (Seal) `"'`°`"� MY Comm.Expires Jun 18,2022