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13-0221_CASTER SAN JUAN CAPISTRANO_Performance Bond_Street ImprovementsIssued in Triplicate Bond No.: 4390271 Premium: $1,175.00 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: Completion of remaining street improvements on Vista Marina per Improvement Plans for T.T.M. No. 16747 Vista Marina as Station 29+33.71 to 26+21.50. 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 Seventy eight thousand three hundred twenty three 94/100 Dollars, ($78,323.94) 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 tfie 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 6th day of May ^ 20 13 at La Mesa , California. (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 HUNSAKEE & ASSOCIATES I R V I N E , I N C. Preliminary Cost Estimate for Bonding Purposes Project Name; Pacific Point, TTM 16747 (Vista Marina) @ A-1 Self Storage Facility Location: San Juan Capistrano, Orange County, CA Type of plan; Street Improvements (STA. 29+33.71 to 26+21.50) ]TEM____j DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL COST STREET IMPROVEMENTS 1. COLD PLANE & VARIABLE AC OVERLAY 13,694 SF $2.3.9 $32,728.66 2. SIDEWALK 1,050 SF $4.90 $5,145.00 3. REMOVE EX. CURB & GUTTER 26 LP $11,02 $286.52 4. DEPRESSED 6" CURB & GUI IER 26 LP $22.04 $573,04 5, COMMON ACCESS DRIVEWAY 81 SF $9.80 $793.80 6. ADJUST MH TO GRADE 2 EA $425.00 $850.00 7, ADJUST VALVE TO GRADE 1 EA $340.00 $340.00 8. REFLECTORS (RPM) 1 EA $40.00 $40.00 9. FIRE HYDRANT ASSEMBLY 1 EA $4,283.86 $4,283.86 10. MISSION BELL HEAD STREET LIGHT 2 EA $7,501.00 $15,002.00 11. REPLACE PARKWAY LANDSCAPING 2,395 SF $4.66 $11,160.70 SUB-TOTAL STREET IMPROVEMENTS $71,203,58 CONTINGENCY 10% $7,120.36 TOTAL STREET IMPROVEMENTS $78,323.94 Prepared by: Jim Tsulsui on 10-23-12 g/cost/386B-1 A-1 Self Storage Facility Vista Marina Bond.XLS BOND Date of Plan Plot: 7-20-06 Page 2 of 2 Printed on: 10/23/2012 - 11:05 AM CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of San Diego } On May 6, 2013 before me, Pam Davis, Notary Public , Date Here Insert Name and Title of the Officer personally appeared Dana Michaelis Name(sj of Signer(s) 1 z Z PAM DAVIS Commission # 1991984 Notary Public - California San Diego County ' My Comm. Expires Oct 20.20161^ Place Notary Seal Above wflo proved to me on the basis of satisfactory evidence to be the person(^ whose name(^ ls/^» subscribed to the within instrument and acknowledged to me that^^^she/ttf^ executed the same In^K/her/fK^r authorized capacity(?6S), and that by:«IS/her/ffign<slgnature(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 Cailtornia that the foregoing paragraph Is true and correct. Witness my hand afrcj otticlal 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 Slgner(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's Name: • Individual • Corporate Officer — Tit!e(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: 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, Harris 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 ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force until 10/31/2013 and is 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 Attorney!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 instmments 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 witli respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20"' of April, J 999.) 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 3rd day of September, A.D. 2010. SURETEC INSURAE^E Ci^PANY State of Texas ss: County of Harris On this 3rd day of September, A.D. 2010 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 sea! 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. ^•^Vfi'/;;-. JACQUELYN MALDONADO f^LA-j-T: Notary Public, State of Texas My Commission Expires '''•Zi.Wff May 18, 2013 facqjielyu/ Vlaldoijado, Notary Public Vly coramysion expires May 18, 2013 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 fotce and effect; and futthetmote, the tesolutions 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 :dt Houston, Texas this day of _May^ 2013 , A.D. M. Brent Beaty, Assistant Secretary Any instrument Issued In excess of the penalty stated above in tofaliy void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT civil code § uss wx&rx?<xT<vjft<txTfioc^^ J i I I State of California County of San Diego On ^by 08 , 2013 Date before me, Gail Souza Strackbine, Notary Public Here Insert Name and Title of the Officer personally appeared Brian R. Caster Ngme(s) of Signer(s) GAIL SOUZA STRACKBINE | COMM. #2006481 o NOTARY PUBUC-CALIFORNIA <W SAN CHEQO COUNTC 9 My Commission Expires -mmmagsm Place Notary Seal Above Signature:, 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: i 'I t t i i I ® 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) who proved to me on the basis of satisfactory evidence to be the persoQjsf whose name(^ is/gper' subscribed to the within instrument and acknowledged to me that he/sho/they- executed the same in his/b©f/thetr authorized capacity(ies)7 and that by his/hetYthetr signature-^s)- on the instrument the person(s)r' or the entity upon behalf of which the person^sifacted, 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. Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • • • Corporate Otticer — Title(s): Individual Pailner — • Limited • General Attorney in Fact Trustee Guardian or Conservator RIGHTTHUMBPRINT OF SIGNER Top of ttiumb tiere • ether:. Signer Is Representing: Signer's Name: I J Corporate Ctticer — Tltle(s): • Individual U Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • ether: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here i I I I I I Item #5907