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11-0211_OLSON REAL ESTATE GROUP_Performance BondPERFORMANCE BOND Bond No. 0156494 Premium: S994.Q0 KNOW ALL MEN BY THESE PRESENTS, that Olson Real Estate Group, Inc. principal (hereinafter called "contractor, and Berkley Regional Insurance Company , as Surety (hereinafter called "Surety"), are held and firmly bound unto the City of San Juan Capistrano, as oblige (hereinafter called "city"), in the amount of forty -six thousand and no/100's Dollam ($ 46,000.00 _) for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, fairly by these presents. WHEREAS, contractor has, by written agreement dated , entered into a (describe agreement): Grading Permit No. 010-0943 for properly located at 33711 Camino Capistrano, commonly referred to as the Marriot's Residence inn for the grading and installation of Improvemenls connected with the issuance of grading permits including the conslnjction of drainage and protection devices and any other corrective work to remove and eliminate engineering and geoiogicai hazards , which contact is, by reference, made a part hereof. NOW, THEREFORE, the condition of this obligation Is such that, if contractor shall promptly and faithfully perform said agreement then this obligation shall be null and void; otherwise It shall remain In full force and effect. Surety waives whatever legal right It may have to require that a demand be made first against the Contractor In the event of default. BE IT FURTHER RESOLVED, that: 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 the City In suGcessfuliy enforcing such obilgatlon, all to be taxed as costs and Included in any Judgment rendered. RELEASED 2, Said Surety, for value received, hereby stipulates and agrees that no change, or extension of time, alteration, or modification of the contract documents, or of the work to be performed thereunder, shall in any way affect its obligation or this bond, and it does hereby waive the notice of any such change, extension of time, alteration or modification of the contract documents or of work the be performed thereunder. Date: Slgnatuiie: City clerk City of San Executed this _„_l!!l__„day of _J^!!^l__J^ At Laguna Hills, , Cailfomia. Olson Real Estate Group, Inc. pjqj NCIPAL ByL ""'^ " 7 {NOTARIZATION AND SEAL) Beik%^^ ^ional ins^^ce.pompany g y RPTY (N0TAR1A2ATI0N AND S£AL) ^^:;:;:i^^«;ss^:m«^^ CALIFORNIA. ' ALL-PURPOSE ACKNOWLEDGEMENT i i f personally appeared Unda D. Goats , | ^ who provied to me on the basis of satisfactory evidence to be the person(is) whose name{s) is/are ^ I I certify under PENALTY OF PERJUllY under the kws of the St^^^^ | ^ foregoing paragraph is true and correct. ^ I WITNESS my hand and official seal. | I -/^^^^ Commtssfon # 1808793 f f f i*^^^ Notary Public" California f | I signature ^VwJ^ i^tt^SIS^jl j ^1 CALIFOHMIA ALL-PURPOSE ACKNOWLEDGMENT Stale of California County of 0 X7t^4g^z_ } personally appeared. g>»G Name(s) 01 Signof(s) I7QI« i KiiiSTviiiiwlai CommJitiwi # ( 7a7Qi« Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the personfj^ whose namefsO is/ajs subscribed to the within instrument and acknowledged to me that he/shafltiBsrexecuted the same in his/te»i8?8W'authorized capacity(|i^r and that by his/bficftteirslgnature{5) on the instrument the person(q), or the entity upon behalf of which the personj^ 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 ha^and official seal Signature. OPTIONAL Though the infamaUon below is not required by law, ii may prove valuable to persons relying on the document and could prevent trauduieni removal and reattachment of this form to another document. Description of Attached Document Title or Type of DocumenV.^^4i<^rp^i!l J2^ Document Date:. . Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual r.l Corporate Officer—Titlefs): „ • Partner—-• Limited • General • Altorney in Fact O Trustee • Guardian or Conservator • Other: . Signer Is Representing: .RtGHTTOUMBPRinr 'J rOFSIGNER . J Top of thumb heio Signer's Name: • individual • CorpOTBte Officer—Titlefs): • Partner—•Limited • General • Attorney in Fact • Trustee O Guardian or Conservalor D Other: Signer Is Representing: RIGHTTOUMBPBiMT OFStGUER Too ot thumb tiare rTcmYX,^'<r<>Yi<Kx?<i<>Y^^^ «2007rtntionalNoiaiyAsj!()(Snllon»93SO Do Soto A\ra..P.O,0O!i 241)2'Cnnts^ 913t3-,2402*wwwNaiionjilNoloiy,orfl Horn (5907 ncordor;CnliToll Fii)ol<800.876 ea27 • ' • • • W W • No. 7987 POWER OF ATTORNEY CrGr& BERKLEY REGIONAL INSURANCE COMPANY ^6* WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY REGIONAL INSURANCB COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Urbandale, Iowa, has made, constituted and appointed, and does by these presents make, constitute and appoint: Ltnda D. Coais, Matthew J. Coats, Douglas A. Rapp or Timothy D. Rapp of Coats Surety Insurance Services, Inc. of Laguna Hills, CA its true and lawfiil Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with tlie exception of Financial Guaranty Insurance, providing that no single obligation shall exceed = Twenty Five Million and 00/100 Dollars (525,000,000.00), to the same extent as if such bonds had been duly executed and J acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. y This Power of Attorney shali be construed and enforced in accordance with, and governed by, die laws of the State of Delaware, 7 without giving effect to the principles of conflicts of laws thereof. Tills Power of Attorney is granted pursuant to the following I resolutions whicii were duly and validly adopted at a meeting of the Board of Directors of the Company held on August 21,2000: r "RESOLVED, that the proper ofTicere of the Company are hereby authorized to execute powers of attorney authorizing and V qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations = on behalf of tlic Company, and to affix the corporate sea! of the Company to powers of attorney executed pursuant hereto; and further i RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, 7 or otlier suretyship obligations specifically named therein, and they have no audiorify to bind the Company except in the manner and to the extent therein staled; and further 5 RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and i further ^ RESOLVED, that the signature of any auiliorizcd officer and the seal of the Company may be affixed by facsimile to any =' power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or S other suretyship obligation of the Company; and such signature and seal when so used shall have thesame force and effect as =^ though manually affixed. The Company may continue to use for the purposes herein stated tlie facsimile signature of any .1 person or persons who shall have been such officer or officers of the Company, notwithstanding tlie fact that they may have 2- ceased to be such at thetime when such instruments shaO be issued." H IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its § corporate seal fiereiinto aff1.xcd this ii. day of "IYIA N 2010. Berkley Regional Insurance Company i f (Seal) irmm NJefff^^Vjy-Iafier "S •' Senior Vice President & Secretary Senior Vice President I WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. 5 STATE OF CONNECTICUT) 7 ) ss: I COUNTY OF FAIRFIELD ) tSwom to before me, a Notary Public in the State of Connecticut, this ^ day of ^Vt A*-^ . 2010, by Jeffrey M. Hafterand ilra S. Lederman who arc sworn to me to be the Senior Vice President, and the Senior Vice President and Secretary, respectively, of ^Berkley Regional Insurance Company. EILEEN KILLEEN = MYt»MMlS8ION EXPIRE JUNE 80.201? \T^^xsy Public, State of Connecticut G" • " " % , . CERTIFICATE ll. the-uRdersignedi-Assistant Secretary of BERKLEY REGIONAL INSURANCE COMPANY, DO HEREBY CERTIFY that the ^foregoing is a true, correct and complete copy of the original Power of Attorney; that said Povyer of Attorney has not been revoked J or-rescindcd and tliai-thc authority- of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this "fSywer of Attorney is attached, is in full force and effect as of this date. ^ Given underlriy hand and seal of the Company, this ll'Lk day of ..SI^UJQJLLL . JiO\\ y/f.u—. (:>TA./iW^L^ (Seal) Steven Coward Bcrkiv.v Stji-eh (iiTup, tl.C is (he afOiiuAd tinikn-w rifi«g mamigcr Ibr ihc sin-ety business of: Acadia insiirauce {'aiupan-.. 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