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13-0221_CASTER SAN JUAN CAPISTRANO_Performance Bond_On-Site and Off-Site Improvements'T Bond No.: 4385420 Premium: $5,525.00 DEVELOPMENT IMPROVEMENT - PERFORMANCE BOND (GOVERNMENT CODE 66499.1) 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 and made a part hereof; and WHEREAS, said Principal is required, under the terms of said Resolution, to furnish a bond for the faithful performance of said Resolution to guarantee certain work, more particularly described as follows: All onsite and offsite improvements pertaining to Grading Permit No. B12-0731 and Retaining Wail Permit No. B23-0876 - 33000 Vaiie Road, commonlv referred to as A-1 Self Storage. NCW, THEREFCRE, we, the Principal and SureTec Insurance Company, as Surety, are held firmly bound unto the City of San Juan Capistrano, (hereafter called "Cbilgee") In the sum of Three hundred sixty eight thousand three hundred fifty three 80/100 Dollars, ($368.353.80) 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. NCW, THEREFCRE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be nuil and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made against the Principai in the event of default. RELEASED Page 1 of 2 City of San Juan Capistrano, CA • BE IT FURTHER RESOLVED: 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 City in successfully enforcing such obligation, ail to be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder. Executed this 6th day of May , 20 13 at La Mesa , California. PRINCIPAL Caster San Juan Capistrano, a California Limited Partnership Brian R. Caster, Officer of the General Partner (NCTARiZATICN AND SEAL) APPRCVED AS TC FCRM: By Hans Van Ligten, City Attorney Dana Michaelis, Attorney-in-Fact (NCTARiZATICN AND SEAL) Page 2 of 2 K&S EMGmBEklHG, IMC, Planning Engineering Surveying City of San Juan Capistrano Public Works-Pian Check No. B12-0731 Engineering Cost Estimate for Grading for A-1 Sell Storage San Juan Capistrano K&S JN-l2-0ig Hem fr' Hem Descriplion A. GRADING 1 EXCAVATE & FILL 2 EXPORT B. BEST MANAGEfvlENT PRACTICES 1 SAND/GRAVEL BAGS 2 HYDRO SEEDING 3 FIBER ROLL 4 SILT FENCE 5 CONST STABILIZED ENTRANCE C. PAVING 1 EXISTING AC REMOVAL 2 SAW CUT • STREET/ORIVEWAYS 1 SIDEWALK 2 TRENCH RESURFACING 3 CURB & GUTTER REMOVAL A 30' DRIVEWAY 5 30' DRIVEWAY ALLEY TYPE 6 CURB DRAIN PIPE OUTLET 7 10" REINFORCED CONCRETE FOR 54" RCP PROTECTION E. SEWER 1 6" SEWER UTERAL F, STORM DRAINAGE ADDRESS; 1 6"CATCH BASIN 2 24"X24" CATCH BASIN 3 6' PVC (PVT) 4 8- PVC (PVT) 5 10" PVC(PVT} 6 12" PVC (PVT) 7 16" PVC (PVT) 8 16"RCP 9 JUNCTION BOX TYPE IV 10 ENERGY DISSIPATOR 11 HEADWALL 12 JUNCTION BOX TYPE 1 13 TRENCH DRAIN 33000 VALLE ROAD SAN JUAN CAPISTRANO DATE: Jan/24/201c Quantity .41,325 7,890 1250 54,171 3,100 1,740 1,250 170 160' Unit CY CY Unit Price Amount $3.10 $ 128,107.50 $8.03 $ 63,356.70 SUB-TOTAL 191,464.20 ) 5 S a^: 4 EA EA LF LP SF SF LF $1.36 $0.28 $3.70 $2.60 $8.60 SUB-TOTAL ' $0.73 $2.70 SUB-TOTAL ' 1,725.00 15,167.79 11,470.00 4,524.00 10,750.00 S 43,636.79 124.10 432,00 115 45 90 380 297 3 1200- SF LF LF SF SF EA SF SS.OO $42.00 $6.65 $11.50 $11.50 $800.00 •$14.00 S $ $ $ s S $ 556.10 920.00 1.890.00 598,50 4,370.00 3,415.50 2,400.00 16,800,00 SUB-TOTAL S 30,394.00 ' EA $1,384.14 S 1,384 14 SUB-TOTAL "S 1,384.14 16 2 15 84 492 294 32 15 1 1 1 1 3 EA $150.00 $ 2,400.00 EA $1,200.00 $ 2,400.00 LF $18.83 S 282.45 LF $23.26 $ 1,953.84 LF $39.00 $ 19,186.00 LF $33.22 $ 9,766.68 LF $66.44 $ 2,126,08 LF $123.00 $ 1,845.00 EA $1,500.00 $ 1,500.00 EA $2,800,00 $ 2,B0D.G0 EA $4,800.00 $ 4,800.00 EA $6,400.00 $ 6,400.00 EA $2,000.00 $ 6,000.00 7801 Mission Center Court. Suite 100 « San Diego, CA 92108 » (619) 296-5565 . Fax (619) 296-5564 Hi Planning Engineering Surveying ^4 giO-CLEAN POLISHER 15 RIPRAP 1 EA $6,000.00 $ 3 EA $200.00 _$ SUB-TOTAL 6,000-00 600.00 S 68,062.05 G. FIRE 1 2 8« RPDA FIRE SERVICE 8" FIRE SERVICE 1 EA $2,400.00 $ 2,400,00 1 EA $1,600.00 _$ 1,600.00 SUB-TOTAL 1 4,000.00 H. MISCELLANEOUS 1 RETAINING WALL 1336 SF $45.00 S 60,120.00 SUB-TOTAL $ 60,120.00 I, LANDSCAPE 1 LANDSCAPE AND IRRIGATION LS $110,000.00 $ 110,000.00 SUB-TOTAL $ 110,000.00 TOTAL ESTIIVIATE BOND AMOUNT Subtotal 100% TOTAL 10% CONTJIiG TOTALrfiOND $ 509,617.28 S 509,6.17.28 $ 509,617.28 $ 50,961.73 { S 560,000.00 I 7801 Mission Center Court, Suite 100 - San Diego, CA 92108 » (619) 296-5565 » Fax (619) 296-5564 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of San Diego } On Mays, 2013 Date before me, Pam Davis, Notary Public Here Insert Name and Title of the Officer personally appeared . Dana Michaelis Name{s) of Signer(s) PAM DAVIS t Commission # 1991984 I Notary Public - California 1 San Diego County 5 My Comm. Expires Oct 20, 2016 » Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(^ whose name(^ is/SS'^ subscribed to the within instrument and acknowledged to me thatI4^she/tK^ executed the same in4^f§/her/tHSr authorized capacity and that by35JS/her/fSKKsignature(S) on the instrument the person(s), or the entity upon behalf of which the person(x) 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 anej official seal. Signature .^•^d/[i---=£kuL/^ Signature of Notary Public Pam 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 2f Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHTTHUMBPRINT 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: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Ls£LxK'^Y5c"SLxS3S<5^ 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, Harris County, Texas, does by these presents make, constitute and appoint Anne Wrigfit, Cyndi Beilman, 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 ratifying and confirmmg all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force until 10/31/2014 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 all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligator;/ 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 20"' 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 COMPANY State of Texas County of Harris By: John ff,nox Jryfresident On this 21st day of March, A.D. 2013 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 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. -55557;^ JACQUELYN MALDONADO AI'TVx Notary Public Stale of Texas My Comm. Exp, 5/18/2017 f] Jacqhelyn 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. Given under my hand and the seal of said Comp-my at Houstco, Texas this 6 th day of May 2013 Breilt Beaty, Assistant Secretary , A.D. Any instrument issued in excess of the penalt-x stated r.bo>-o Is totally void and without any validity. For verification of the authority of this power you may call (713) 8'2-0300 any business day between 8:00 am and 5:00 pm CST. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I i i t i State of California County of San Diego On >fay 08, 2013 before me, Gail Souza Strackbine, Notary Public Date Here Insert Name and Title of the Officer personally appeared Brian R. Caster Name(s) of Signer(s) CIVIL CODE § 1189 Oct-A-r V>t OATAX' AA^:or>; I ff GAIL SOUZA STRACKBINE COMM. #2006481 o NOTARY PUeUC-CALIFORNIA « SAN CHEQO COUNTY 9 My Commission Expires MARCH 4^2017 who proved to me on the basis of satisfactory evidence to be the person(8)*'whose name(8-f is/ate"' subscribed to the within instrument and acknowledged to me that hQ/sho/thoy—executed the same in his/hef/their authorized capacity(ieSX, and that by his/heTTTtreir signature's)"' on the instrument the person/^, 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. Place Notary Seal Above Signature^^' OPTIONAL S!gnatiir6 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: n Corporate Officer — Title(s): n Individual • Partner — • Limited • General n Attorney in Fact n Trustee • Guardian or Conservator n other: RIGHTTHUMBPRINT OF SIGNER Top of tiiumb here Signer Is Representing: x>-.;<o<0xo'0orr^ 2010 National Notary Association • NationaiNotary.org • 1-8C0-US NOTARY (1-800-876-6827) t I I i I I I 1 I I i <-;og,x::g.xox-o<p<s<;<ex;x.x;y..<.xex;os;^ Item #5907 Number of Pages: Signer's Name: G Corporate Officer — Title(s): f .J Individual [.! Partner — • Limited • Genera! Gl Attorney In Fact • Trustee n Guardian or Conservator G Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of Uiudib here