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21-0707_HIRCHAG, TERRY_Performance Bond UCSX372X4016BOND NO. UCSX372X4016 INITIAL PREMIUM: $1.156.00 SUBJECT TO RENEWAL Rnal premium based on GRADING SURETY AGREEMENT final contract amount PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: WHEREAS the City of San Juan Capistrano ("City") and Tera Hirchag ("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 Tract Map Nos. ("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 theAgreement 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 United Surety Insurance CompanY_as surety ("Surety"), a corporation organized and existingunderthe laws ofthe State of�Nebrasks, 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 hundred fifteen* dollars 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. "$115.551.15 thousand five hundred rft-one 151100 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 ortheir 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 amountspecified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's foes, 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 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. Grading Surety Agreement, Permit #820-1076 Page a of 10 61147.02100124835741.2 IN WITNESS WHEREOF, the scat, ifany, and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto uffixed and attested by its duly authorized Attorney -in -Fact at San Clemente. CA , this 2nd day of Jul 20 21 . Terry Hircha Principal By: �4-- President h G (print name) United Surety Insurance Company_ Surety H_v: 44&kl� Attorney -in -Fact Kelly A. Specht (print name) NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF ATTORNEY TO LOCAL REPRESENTATIVES OFTHE SURETY MUST BE ATTACHED TO TI [IS BOND. Grading Surety Agreement, Permit 91320-1076 61147.0210M835741.2 Page S of 10 California All -Purpose Certificate of_Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the Individual who signed (he document to which (his certificate is attached, and not the truthfulness. accuracy, or validity of that document State of California County of Oran_ a S.S. On _July 2. 2021 before me, Mersa Fregoso, Notary Public personally appeared Kell -y A Swcht N/A 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 name 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. OPTIONAL INFORMATION Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of Performance Bond No. UCSX372X4016 containing 2 pages, and dated July 2. 2021 The signer(s) capacity or authority is/are as: Individual(s) ❑ ANomeyin-fact ❑ corporals Officer(s) ❑ GuardianlConservator _1 Partner-Limited/General ❑ Trustee(s) '' Other representing: United Surety Insurance Company MERu FREGOSG Notary Public - California *my orange County Commisston R 23211451 Comm. Expires May 16, 2024 Method of Signer Identification Proved to me on the basis of satisfactory evidence: forms) of Identification 'j credibto witnesses) Notarial event M detailed In notary journal on: Pagea Entrya Notarycontact: Other j Additional Signer Signer(s) Thumbprints(s) :i UNITED CASUALTY AND SURETY INSURANCE COMPANY US Casualty and Surety Insurance Company United Surety Insurance Company POWER OF ATTORNEY Agency No. 171372 CNOV.' ALL MEN BY THESE PRESENTS: That Uni;ro Casualty and Surety Insurance Company, a corporation of the State of Nebraska, ar,d US Casualty and Surety Insurance Company and United Surety Insurance Company, assumed names of United Casualty and Surety Insurance Company (collectively, the Companies), do by these presents make, constitute and appoint: Kelly A. Specht, Kandis Gregory, Richard P. Ford, Thomas C. Buckner, Michael Herranen, Bethany Mercer, William Belpedio its true and lawful All orney(s) -in -Fact, each in their separate capacity if Inure than one is nanted above, with full power and authority hereby conferred in Its name, place and stead. to execute, acknowledge and delver any and al; bonds, recognisances, undertakings or other instruments or contracts of suretyship to Include riders, amendments, and consents of surety. This Power of Attomey shall expire without further action on December 31`. 2023. This Power of Attorney Is granted under and by authority of the followmgresoLntons adopted by the Board of Directors of the Companies at a meeting duly called and held oat the 1' day of July, 1993: Resolved That Itie President. Treasurer, or Seuretary be and they are hereby awhonred and omprmeied to appoint Anorneys-in-Fail of the Company, ,n ns name and as its acts TO execute and acknowledge for and on its behalf as Surety any and all bands. recogmranres. centrat!s of mderrinny, %carvers of nr alien and all other rant rags obligatoey in the nature thereof. w th paver :o x:tach rfirrcro me teal of the Comoany. Any such -ratings so neruted by tush A:forn",—in-Fact shall be biding upon :he Conipany as d :hey had been duly executed .Ind acl,ncwledged by the icTulj,N elecfed Offi Mrs of the Company m their train proper persons That the signature of any officer auihon:ed by Resaluuens 0 this lcomd and the company, seal may be affixril by Iariinllle to any power of attorney Of spcaal power of attorney or centficationct either given for thcexecution of any band. undenaling, recoenuance or oihenv rill en obligation n the nawrethereol, such signature and seal, mien soused beingherebyadopted by the Companyas the rligmal s gnat use of suchi;fficer and the cueinal seat df the Ce nluany.ta be valid and binding upon Itie CeTpany'aith the sa.-re force and eflec: as:hough mauualty allixed IN WITNESS WHEREOF, the Companies have caused thls Instrument to he signed and their corporate seals to be hereunto affixed, this 15th day of February, 2021, Corporate Seals UNITED CASUALTY AND SURETY INSURANCE COMPANY US Casualty and Surety Insurance Company United Surety Insurance Company v R. Chachkes, Treasurr!r Commonwealth of Massachusetts County of Suffolk ss: On :his 15th day of February, 2021, before me, Tnomas P. Carrigan, Jr., a notary public, personally appeared Joel R. Chachkes, Treasurer of United Casualty and Surety Insurance Company, US Casualty and Surety Insurance Company and United Surr;y Insurance Company, who proved to me on the basis of satisfactory evidence to ate the person whole name is suoscnbed to the wdlun instrument and acknowledged to me trial he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity on behalf of which the versonis) acted, rxecu;cd file instrument I certify under PENALTY OF PERJURY under the laws of the Commonwealth of Massachusetts that the foregoing paragraph Is true and correct WITNESS my hand and seal. f1 THOMAS P. CARRIGAN, JR. (Seal) s Novy Public, Commmwle* of Mawdasens Thomas P. Carrigan, Jr.. Notary Publ C Corl mission Expires: 10/31/205 hey CommiZw Ezp7e5 OctobH 31, 2021 1, nober, F. Thomas, Chief Operating Officer of United Casualty and Surety Insurance Company, US Casualty and Surety Insurance Company and United Surety Insurance Company do hereby certify that tate above and foregoing I%a true and correct copy of a Power Of Attorney, executed by said Companies, which is s:ill in full force and effect; furhermore, the resolutions of file Board of Directors. sec otlt In The Power of Attorney are fit full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals ul said Companies at Boston. Massachusetts this 2nd day of July 2021 Corporate Seals _ ." zr„.� Robert F. Thomas, Chief Operating Officer .. .. i , -, r • -.. , r. r:f•.liu iii it, iii:. [11".1 '! .. ,