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11-0301_PETERSON-CHASE GEN ENG CONST., INC_Performance Bond t j EXECUTED IN TWO COUNTERPARZ BOND# 255595 v PREMIUM: $25,223 PERFORl1ANCE BOIVI KNOW ALL MEN BY THESE PRESENTS, that PETERSON--CHASE GENERAL ENGINEERING CONSTRUCTION, INC. as Principal (hereinafter called "Contractor"), and GREAT AMERICAN INSURANCE COMPANY as Surety (hereinafter called "Surety"), are held and firmly bound unto the City of San Juan Capistrano,as Obligee(hereinafter called"City"),in the amount of THREE MILLION FOUR HUNDRED FIFTY-THREE THOUSAND EIGHT HUNDRED FORTY-TWO & 46/100 Dollars It 8 2.4 6 ,for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, fairly by these presents. IRA WHEREAS, Contractor has, by written agreement dated entered into a(describe agreement): DEL OBISPO STREET WIDENING: FROM ALIPA2 STREET TO PASEO ADELANTO (CIP 07107) which contact is,by reference, made apart p 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 g n 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 successfully enforcing such: obligation, all to be taxed as costs and included in any judgment rendered. 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. PB-1 y Execute this 8TH day of MARCH 22 11 , » at H 3* , Calif mia . PETERSON-CHASE GENERAL ENGINEERING CONSTRUCTION, IXC. PRINCIPAL ° ? [ Pr ƒz « \ \ � (NO£* ZAT . N D` SEAL GREAT AMERICA INSURANCE COMPANY SURETYRI �� z&\ L OT / JO ANDSE*L \ CHARLES t. F . / ATTORNEY-I«-FACT \ \ \ APPROVED AS TO FOS . � \ . � CY &TrQRN£Y / # ƒ \ #3- \ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of GCC now On '�-1D�t1 before me, �.�cx1S 1��31Cxf � 1t C Dale Here nsert Name an le of the Officer — personally appeared Names)of S€gner(s) - r who proved to me on the basis of satisfactory evidence to be the person) whose name() is/af4 subscribed to the within instrument and acknowledged to me that he/fey executed the same in his/fir authorized K.VON SCHONFEf ' capacity(4es), and that by his/I heir signature(&) on the G�unisse�n 1863484 instrument the person(&), or the entity upon behalf of Y Pb#ic'Ca6'sf�rnia which the person(&.) acted, executed the instrument. 4r�nge Cnunty, LO�FCaM Ex trnsSe 28.2013 1 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. Placa Signature Notary Sea[Above Sig ure of I o#ary 611c 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. Description of Attached Document Title or Type of Document: Document Date: _ _ ......--Number of Pages: _ Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name:— _ Signer's Name:_ Individual 0 Individual El Corporate Officer—Title(s): _ L... Corporate Officer—Title(s): ,__l Partner—E Limited l Generalw:„ t:....1 Partner—ElLimited –1 General — 7. Attorney in Fact El Attorney in Fact F-1 Trustee Top o1 thumb here C Trustee Top of thumb here Guardian or Conservator 7 Guardian or Conservator Ll Other:- E Other; Signer Is Representing: _ - Signer Is Representing:_ 02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 61313-2402•www.NationalNotary.org llem#5907 Reorder:Call Toll-Free 1-800-676-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orang e } On 3-08-11 before me, Lexie Sherwood Nota Public Date Here Insert Name and Tide of the Officer personally appeared Charles L. Flake Name(s)of Signer(s) 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/shelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the LEXIE SI ll= �®®® person(s), or the entity upon behalf of which the person(s) COMM-#1856389 acted, executed the instrument. sr NOTARY PUBLIC 0CALfFQIaNIA6 (7) ORANGE couNTv I certify under PENALTY OF PERJURY under the laws of CO,Mm. EV.JULY 27,2013 the State of California that the foregoing paragraph is true and correct. Witness my hand and ffictal seal. Signature Place Notary Seal Above Signature FNotVy 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. Description of Attached Document Title or Type of Document: Document Gate: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name. Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited❑General ❑ Partner ❑Limited❑General ❑ Attorney in Fact ❑ Attorney in Pact ❑ Trustee ' ❑ Trustee s ElGuardian or Conservator Top of thumb here ElGuardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2007 National Notary Association•9350 De Soto Ave.,F'.Q,box 2402•Chatsworth,CA 91313-2402.,www.NationaiNotary.org Item#5907 Reorder;CWI Toll-Free 1.800-876-$827 GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET• CINCINNATI,OHIO 45202• 513-369-5000• FAX 513-723-2740 `1be number of persons authorized by this power of attorney is not more than FOUR No. 014406 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESEIITS: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 attomey-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 DAVID L. CULBERTSON ALL OF ALL CHARLES L.FLAKE ANAHEIM, $75,000,000.00 RICHARD A.COON CALIFORNIA LEXIS SHERWOOD 'this Power of Attomey revokes aft previous powers issued in 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 this 25`x' day of, MAY, 2010. Attest OREAT AMERICAN INSURANCE COMPANY ,; : e Y A islaw elirrlD3.i siuutd S'cuun 1'rrF NrvrlrN STATE OF OHIO,COUNTY M HAMILTON-ss: nAVI�C tcrrctttN(5is-41z-aea2) On this 25rk1 day ofMAY,2010, before me personally appeared DAVID C.KITCHIN,Lome 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 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. KAREN L.GROSHEIM NOTARY PUBLIC,STATE OF OHO MY COMMISSION EXPIRES 02-20-11 This Power of Attorney 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. RESOL FED_ Chat the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisional Assistant Vice Presidents,or any one of them,be and hereby is authorized,fi-om 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. RESOLIILD FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may he affixed 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 Acer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually axed. CERTIFICATION 1,STEPHEN C. BERAHA,Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing rower of Attorney and the Resolutions of the Board of Directors of June 9,2008 have not been revoked and are now in full force and effect. Signed and sealed this 8TH day of MARCH 2011. i C ` y 81029Y(1 0108)