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15-1103_UNITED BUILDING AND DEVELOPMENT SERVICES, LLC_Payment Bond No. CE03138600086* ' Bond No. CE031 38600086 ' " Premium: Included PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of San Juan Capistrano (hereinafter desimated as the "City"), by action taken or a resolution passerfJovember 4 201 5 has awarded to UBDS, LLC. herehiafter designated as the "Principal," a contract for the work described as follows: (the "Project"); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated 11/04/15 ("Contract Documents"), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providhig that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. Philadelphia Indemnity NOW THEREFORE, we, the Principal and ^^^"^^"^^ Company g^^^^ held and firmly bound unto the City in the penal sum ofpour Huindred Twenty Five Thousand Dollars Dollars ($ 425,OOP.j) {hwfixl money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, johitly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor fire Surety or Sureties will pay for the same, iu an amount not exceediug the sum herehi above specified. This bond shall hiure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released firom the obhgation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any pajonent pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any firaud practiced by any person other than the claimant seekiug to recover on the bond and that this bond be construed most strongly against the Surety and 25589.01000\14020299.I 51 •k-k-k-k-k UBDS, LLC. = United BUilding and Development Services, LLC. in favor of aii persons for whose benefit such bond is given, and under no circumstances shaii Surety be released from iiabiiity to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and originai contractor or on the part of any obiigee named in such bond, but the sole conditions of recovery shaii be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals this ^ day of December 20 ' United Building and (Coiporate Seal) Development Services, LLC. Contractor/ Principal g Rene Cortez Title Owner/President Philadelphia Indemnity Ins. Co, (Corporate Seal) Surety ^ xfedrsen Attorney-in-Fact Title Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto. NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. 25589.0I000\14020299.1 52 PBIJLABELPBI.4 ]>T)EMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd. PA 19004 Power of Attorney CE03138600086 ENOW ALL PERSONS BY THESE PRESENTS: that PHILADELPHIA INBEMNITY INSURANCE COMPANY (the Convey), a coipondioti otganized and extsting under the hiws of die ComfflonweaWi of Pennsylvania, does hereby constitBte and appoint: James R. Olsen, RAL FrietUk, Gabby Acosta, and Abel Acosta, of JJR. Olsen Bonds & Insurance Brokers, City of Canoga Park, State of CaBfornia. Its froe and lawful Attomsy(s) in fact with &I1 attthonty to execute cm its bdtalf bonds, tinderfakings. tecognizances and other contracts of indemnity and writinss obligatory in the nature diereof. isued in the course of its business and to bind the Congiany thereby, in an amount not to exceed S25.D00.000.00 This Power of Attomey is granted and is sigied and sealed by fecsimile tmder and by the authority of the fbUowing Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly caUed the 1" day of July. 2011. KESOLTTED: That fhe Board of Directors hereby authorizes fhe President or any Vice President of the Coirpany to: (I) Appoint .Attomey(s) in Fact and authorize the At*omey(s) in Fact to exeaite on bdhalf of die Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach die seal of tlie Company tliereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the audiotity given. And, be it FURTHER RESOLVED: That the stgnatares of such officers and the seal of the Con^jany may be affixed to any such Power of Attomey or certificate relating diereto by fecsimile. and any sutdi Power of Anomey so executed and certified by fecsimile signatures and fecsimile seal shall be valid and biding upon the Company in fee future wife fee respect to any bond or undertaking to ufeidi it is attached. IN TESTIMONY WHEREOF. PHILADELPHIA ttOEMNITy INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFHCE THIS 7™ DAY OF FEBRUARY 2013. 1927 (Seal) 77 Robert D. O'Leary Jr.. President &. CEO Philadelphia Indeinniv Insurance Conipany On this 7* day of Febniary 20 i 3, before me came th© individual who executed fee preceding instniment, to me personally known, and being fay me duly sworn said that he is fee therein described and authorized officer of the PH1IADELPHL4 INDEMNITY INSUR.4NCE COMP.4NY; that the seal affixed to said instrumeni is the Corporate seal of said Congiany; feat fee said Corporate Seal and Iiis signature were duly affixed. Notary Public: (Notary Seal) reriding at: My commissiott expires: Bala (Jvnwvd. PA March 22.2016 L Craig P. Kdler. Executive Vice President. Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the feregoing resolution of the Board of Directors and this Power of Attomey issued pursuant feereto are true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr.. who executed fee Powerof Attorney as President, was on fhe date of execution of fee attached Power of Attomey the duly elected President of PHILADELPHIA mDEMNTTY INSURANCE COMPANY. 4 Dec ,,,n--r~rt1'Sr^ In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Cotcgjany this ^day of --.iT-—C^gO Tr—.VV. s47:y'i>^ 192'/ •••-•/ Craig P. Keller. Execurive PHILADELPHIA INDEMNT f^^Td~^7m ive Vice President, Chief FuiancidOfficdrfcij5)^ary''''^.._ > : -rT — DEMNITY INSUR.4NCE COMPANi' = fF ^ /T / - § - ' '"f1 J- A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfuiness, accuracy, or validity of that document. State of California County of Los Angeles s.s. On 1 2/04/201 5 . . before me,USsiceban Floras, Notajy—EiibJ-lc- personally appeared James R. Olsen 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/she/they executed the same in his/her/tbeir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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. ' "tSTEBAlM FLOHEG ^ Commission •# 19S7526 i Notary Public - California ? Los Angelas County r Cornm. EKoires AugJ^ 201 d OPTIONAL INFORMATION Ij Description of Attached Document i Method of Signer identification The preceding CertifiGats of Acknowledgment is attached to a document titled/for the purpose of .jayment Bond fo r . | p^^^^ ^ ,q ^g^.^ satisfactory evidence: United Building and Development.,Seryices-,, LLC. ' eE03T38b0008jb L.' formjs) of identificaaon ; j credible witnessfes) containing 4 pages-, and dated 1 2/04/20.1 5 The 5igner(s) capacio/ or authority ist/are as: individuai(s) i .: Attcrney-ln-fact IJ Corporate Officer(3) Nolarial event is detailed In notary journal on: Page* Entry* Notary contact: r: Guardian/Conservator J Partner - Limited/General ; . Taistee(s) : ; Other : Other j r ! Additional Signer , .: Slgnar(s) Thumbprinls(s) i n representing: Philadelphia Indemnity ij Insurance Company