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13-0221_CASTER SAN JUAN CAPISTRANO_Performance Bond_Storm DrainIssmed in Triplicate Bond No.: 4390272 Premium: $780.00 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 Jerwei 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: 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. NOW, THEREFORE, we, the Principal and SureTec Insurance Company, as Surety, are held firmly bound unto the City of San Juan Capistrano, (hereafter called "Obligee") in the sum of Fifty 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. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null 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 Principal in the event of default. Page 1 of 2 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, 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, 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 _itii day of May , 20 13 at La Mesa , California. Bnan R. Castej^Officer of the General Partner PRINCIPAj.^ , J Caster SmKman CapisLflno, a California Limited Partnership (NOTARIZATION AND SEAL) APPROVED AS TO FORM: SURETY SureTec Insurance Company By Hans Van Ligten, City Attorney Dana Michaelis, Attorney-in-Fact (NOTARIZATION AND SEAL) Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of San Diego On May 6, 2013 before me, Date } Pam Davis, Notary Public Here Insert Name and Title of the Officer personally appeared Dana Michaelis Name(s) of Signer(s) PAM DAVIS Commission # 1991984 Notary Public • California z San Diego County i My Comni. Expires Oct 20, 20161 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(^ whose name(^ is/a?f« subscribed to the within instrument and acknowledged to me thatl^g7she/tf1^ executed the same in1^?S/her/fKSr authorized capacity and that by*}S/her/fH«ifCsignature(S) 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 of the State of California that the foregoing paragraph is true and correct. Witness my ha 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(les) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General Sf Attorney In Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb tiere Signer Is Representing: 5i£C^^C<>©t>OU6qS<>^^ 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 ADDRESS; 33000 VALLE ROAD SAN JUAN CAPISTRANO DATE: 2/1/2013 Item # Item Description Quantity Unit Unit Price Amount A. STORM DRAINAGE 1 54" RCP 2 CONCRETE PIPE COLLAR 129 3 LF EA $273.00 $ 35,217.00 $4,000.00 $ 12,000.00 TOTAL ESTIMATE $ 47,217.00 7801 Mission Center Court, Suite 100 . Son Diego, CA 92108 . (619) 296-5566 • Fax (619) 296-5564 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 Wright, Cyndi Beilman, Dana Michaelis its true and lawful Attorney-in-fact, with fiill 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 confirming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force until 10/31/2014 jj ma^jg 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 obligatory 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 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 COMPANY State of Texas ss: County of Harris 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. x5tS^ JACQUELYN MALDONADO •7^^^ 4 Notary Public 'Xf^J Stale of Texas N^TT^rt MyComm. Exp. 5/18/2017 t\ Jacquelyn 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 Company at Houston, Texas this 6 th , A.D. Any instrument issued In excess of the penalty stated above is tdaily void and without any validity. For verification of the authority of this power you may oad (713) illZ-Oaoo any business day between 8:00 am and 5:00 pm CST. CIVIL CODE § 1189 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I i i i t i I State of California County of San Diego } On Jfey8^,^13_ Date personally appeared before me, Gail Souza Stxackblne, Notary Public Here Insert Name and Title of the Officer Brian R. Caster Name(s) of Signer(s) GATsO^ASTRSlNr} COMM. #2006481 o NOTARY PUeUC-CALIFORNIA « SAN CHEQO COUNTY 2 My Commlsston Expires • ^^^_MA^j4^20l7^^^^^^ Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(e) whose name(^ islare- subscribed to the within instrument and acknowledged to me that he/sbe/itiey executed the same in his/her/their- authorized capacity(je8)r and that by his/h or/the if signature's)-'on the instrument the person's);' or the entity upon behalf of which the person(6racted, 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. Signature: OPTIONAL Sign^^;;l*eof 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 of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer's) Signer's Name: • Corporate Officer — Tltle(s): • Individual • Partner — [J Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing; RIGHTTHUMBPRINT OF SIGNER Top of thuinb ftere Signer's Name: Ti Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney In Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here I I I I I I I I I I k &xi<Ati<p<p<yO)pxo<p<^ © 2010 National Notary Association • NationalNotary.org • 1-8C0-US NOTARY (1-800-876-6827) Item #5907