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19-1212_PROTEA SENIOR LIVING SJC, L.L.C._Perf Bond No. 4432508 • BOND NO. 4432508 INITIAL PREMIUM: $16,452.00 SUBJECT TO RENEWAL Bond is for Two(2)Year Term that Renews Annually Thereafter Until Released or Exonerated GRADING SURETY AGREEMENT PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: WHEREAS the City of San Juan Capistrano ("City") and Protea Senior Living SJC 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 B 19-0903 Protea Memory Care Facility("the Work"); WHEREAS,the Work to be performed by Principal is more particularly set forth in that certain Grading Surety Agreement dated , 20 ("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 SureTec Insurance Company as surety ("Surety"),a corporation organized and existing under the laws of the State of Texas ,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 Eight Hundred Ninety Six Thousand Eight Hundred Six dollars and Thirty Five cents($896,806.35),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 attorney'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 terms 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#B19-0903 Page 8 of 10 61147.02100\24835741.2 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 San Diego,California ,this 6th day of December 2019 . Protea Senior Livi SJC LLC SureTec Insurance Corn.an, Principal Surety / President / / Attorney-in-Fa�� M" ' 4//S - J �LYI p1LT LAM Lawrence F.McMahon o ` i i -' (print name) (print name) / :+i! 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#B19-0903 Page 9 of 10 61147.02100\24835741.2 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which thiscertificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF L` it/bu � AfriPri �u4.u4- On /2,/9. ,20/G, before me, '- 4 4,► , Notary Public, personally appeared /114"A/5 64- Vii-AiPt4e-MAA) , who proved to me on the basis of satisfactory evidence to be the person(,e''whose name(, is/axe subscribed to the within instrument and acknowledged to me that he/sbe/hey executed the same in his/h, /tlae+r authorized capacity(i s),and that by his/her/their signature(s.)- on the instrument the person(erY, 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. _ `., , CHARLES R. 14891KEN-DAL t WITNESS hand and official seal. ' '`a COMM. #2148919 z cc�`: s . Notary Public•California 41/c z 3\\'�; ""k y Orange County • Fy:t✓ /, :'iq mz My Comm•.Ex.fires Ma 11,2020 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 ❑Corporate Officer 609-4-0/46 5Gl&ry ,4f, < Pry Title(s) Title or Type of Document ❑Partner(s) ❑ Limited 2- ID ❑ General Number of Pages ❑Attorney-In-Fact ❑Trustee(s) !T—/�7 'j G� IDGuardian/Conservator I Date of Document ❑Other: Signer is representing: Name Of Person(s)Or Entity(ies) Signer(s)Other Than Named Above Grading Surety Agreement, Permit#B19-0903 Page 10 of 10 61147.02100\24835741.2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189 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 9 of San Diego • OnDEC @ 2019 before me, Lilia De Loera , Notary Public, Date Insert Name of Notary exactly as it appears on the official seal • personally appeared Lawrence F. McMahon Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person( /l whose name( /) is/t'fy subscribed to the within instrument and acknowledged to me that he/j$'/nt/ executed the same in his/Yj fill-, Af authorized capacity(Nlh, and that by hisaf/ /+f/signature(0 on the instrument the person(//, or the entity upon behalf of which the person LILIA DE LOERA acted, executed the instrument. NOCOMMISBLIC-CALIFORNIA I certify under PENALTY OF PERJURY under the laws of 2.C;l COMMISSION#2220344 aN °, SAN DIEGO COUNTY , the State of California that the foregoing paragraph is true and M CExp.November 21,2021 ,,,��,�,.,,R . and correct. Witness my hand and official seal. AD Signature Place Notary Seal Above Signature of Notary Public Lilia De Loera 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 the form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: i Capacity(ies) Claimed by Signer(s) I Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer —Title(s): ❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑ General g Attorney in Fact RIGHT THUMBPRINT' ❑ Attorney in Fact RIGHT THUMBPRINT El Trustee OF SIGNER ., ❑ Trustee OF SIGNER ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: Surety Company POA#: 510007-San Diego SureTec Insurance Company LIMITED POWER OF ATTORNEY Kna w All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas,does by these presents make,constitute and appoint - Lawrence F. McMahon, Janice Martin, Sarah Myers its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for,providing the bond penalty does not exceed Fifteen Million and 00/100 Dollars($15,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO,sealed with the corporate seal of the Company and duly attested by its Secretary, herebyratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling-or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.-(Adopted at a meeting held on 20th of April, 1999.) - - - In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to be hereto affixed this 15th day of October ,-A.D.2018 . SURETEC ► 1 ' CE PANY •• (some\,)(A- pi By -'� • w�� ,> John +Jr.,CcC1 " 1 State of Texas ss: 9s d co 1&r County of Harris On this 15th day of October -, A.D.2018 before me personally came John Knox Jr.,to me known,who, being by me duly sworn,did depose and say, that he resides in Houston,Texas, that he is CEO of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said-instrument is such corporate seal;that it was so affixed by order of the - Board of Directors of said Company;and that he signed his name thereto by like order.. . �oufrrr XENIA CHAVEZ ti O�r�r PG�y • ;cNotary Public,State of Texas er" Comm. Expires 09-10-2020 Notary ID 129117659 Xe • avez,Notary Public LyFl -commission expires September 1 ,2020 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy - of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. • 'ZA. Given under my hand and the seal of said Company at Houston, Texas this day of : EC w, .. , A.D. Br• t eaty,Assi:;tar.t'Secreta! Any instrument issued in excess of thepenalty stated above is totally void and without any validity. -. For verification of the authority of this power you may call(713)812-0800 any business day between 8:30 am and-5:001pm CST.