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13-0221_CASTER SAN JUAN CAPISTRANO_Labor and Material Bondissued in Triplicate Bond No.: 4390272 I'remiuni: Included in Pcrfonnancc Bond DEVELOPMENT IMPROVEMENT - LABOR AND MATERIAL BOND (GOVERNMENT CODE 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, has approved Architectural Control (AC) 08-014 by Resolution No. 09-02-17- 07 which conditioned Jerwel Self Storage, currently owned by Caster San Juan Capistrano LP and known as A-1 Self Storage Facility (Hereafter designated as "Principal"), whereby Principal agrees to install and complete certain designated public and private improvements more particularly described as follows: Grading over an existing 54" storm drain per Tract Map No. 16747. Storm Drain line A4. Sheet 3 of 17 dated April 27, 2007. Station 16+05.01 to 18+02.90. WHEREAS, said Resolution dated February 17, 2009, is hereby referred to made a part hereof; and WHEREAS, the Contractor is required to furnish a labor and material bond pursuant to the statutory requirements of the San Juan Capistrano Municipal Code to guarantee that if said Contractor, or any of his or its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work to be done, or for any work or labor done thereon of any kind, the surety of this bond will pay the same. NCW, THEREFCRE, we, the Principal and SureTec Insurance Companv. as Surety, are held firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of Fiftv two thousand dollars, ($52.000.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. Page 1 of 3 which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub-contractors, shall fall to pay for any materials, provisions, provender, or teams, or other supplies or equipment used In, upon, for or about the performance of the work to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 5, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall Inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. BE IT FURTHER RESOLVED: 1. 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 successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the 6th dav of May 20 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. Page 2 of 3 PRINCIPAL Caster San Ju iHO, a California Limited Partnership fficer of the General Partner IZATION AND SEAL) APPROVED AS TO FORM: BY Hans Van Ligten, City Attorney NOTE: Please attach Acknowledgement and Power of Attorney SURETY SureTec Insurance Company Dana Michaelis, Attorney-in-Fact (NORTARIZATION AND SEAL) Page 3 of 3 K&S K&S ENGINEERING, INC. Planning Engineering Surveying City of San Juan Capistrano Public Works-Plan Check No. B12-0731 Engineering Cost Estimate for Grading for A-1 Self Storage San Juan Capistrano K&S JN-12-019 Item # Item Description ADDRESS: 33000 VALLE ROAD SAN JUAN CAPISTRANO DATE: 2/1/2013 Quantity Unit Unit Price Amount A. STORM DRAINAGE 1 54" RCP 2 CONCRETE PIPE COLLAR 129 3 LP EA $273.00 $ $4,000.00 $ 35,217.00 12,000.00 TOTAL ESTIMATE _$ 47,217.00 TOT, 1P< CONTINGENCY TOTAL SOND $ $ DATE 47,217.00 4,721.70 g 52,000.00] 7801 Mission Center Court, Suite 100 . Son Diego, CA 92108 • (619) 296-5565 • Fax (619) 296-, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County ot San Diego } On May 6, 2013 Date personally appeared before me, Dana Michaelis Ram Davis, Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) PAM DAVIS t Commission # 1991984 t Notary Public - California 1 m^/^ San Oiego County ^ i»L j"*!^")- ^"Pires Oct 20.201 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(^ whose name(g) is/a?r« subscribed to the within instrument and acknowledged to me thatH^she/tlliy executed the same inl^iS/her/th^r authorized capacity(tfiS), and that by1^JS/her/ft5Wksignature(?5) on the instrument the person(5), or the entity upon behalf of which the person(x) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws ot the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature Signature of Notary Public Ram Davis 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: • individual • Corporate Officer — Title(s); • Partner — • Limited • General GZl Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHTTHUWIBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney In Fact • Trustee • Guardian or Conservator • Other: RIGHTTHUWIBPRINT OF SIGNER Top ot thumb here Signer Is Representing: POA#: 510138 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know 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, Hairis County, Texas, does by these presents make, constitute and appoint Anne Wright, Cyndi Bellman, Dana Michaelis 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: Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifymg and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force until '=^^31/2014 jg 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 ail bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and ail 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 2(f of April 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 21st day of March, A.D. 2013. ,,,-»»..,,,.,, SURETEC INSURANCE COMPANV State of Texas County of Harris ss: By: John I^ox Jr.yPresident On this 21st day of March, A.D. 2013 before me personally came John Knox Jr., to me known, who, being by me duly swom, did depose and say, that he resides in Houston, Texas, that he is President 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. JACQUELYN MALDONADO (K^W\y Public N^Sj^ MyComm. Exp. 5/18/2017 Jacqttelyn Maldonado, Notary Public My commission expires May 18, 2017 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. 6th Given under my hand and the seal of said Company at .Houston, 'feiias this day of May 2013 , A.D. . Brent Beaty, Assistant Secretary Any instrument issued in excess of the penalty stated above is rotaliy void and without any validity. For verification of the authority of this power you may eail (fia) 812 0800 any business day between 8.00 am and 5:00 pm CST. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I I I i i State of California County of San Diego On t'faY 06, 2013 before me, Gail Souza Stxackbine, Notary Public Date Here Insert Name and Title of the Officer personally appeared Brian R. Caster Name(s) of Signer(s) ^ILSOUZASTRACKBINE { , COMM. #2006481 O NOTARY PUeUC-CALIFORNlAg I SAN DtEQO COUNTY 2 ^^^.^ISXt My Commission Expires | i 'MARCH4.2017 ,J who proved to me on the basis of satisfactory evidence to be the person^sf whose name(8-)r'is/3r^ subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies)r and that by his/hef/their signature(8f on the instrument the person(8jC or the entity upon behalf of which the person(s)racted, 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. CIVIL CODE § 1189 1 I I I I Place Notary Seal Above Signature:; OPTIONAL -Sigf>5u/re of Notary Public 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 ot Pages: I I I I : © 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) item #5907 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): n Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator RIGHTTHUWIBPRINT OF SIGNER Top of tfiumb here • other: Signer Is Representing: Signer's Name: n Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUWIBPRINT OF SIGNER Top of thumb here