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15-1103_UNITED BUILDING AND DEVELOPMENT SERVICES, LLC_Performance Bond No. CE03138600086Bond No. CE03138600086 Premium: $12,750.00 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT^H;gggA^^t^jgjfy^^f ^^uan Capistrano (hereinafter referred to as "City") has awarded to Development Servi^ce'S^f ^g^t^^ referred to as the "Contractor") an agreement for (hereinafter referred to as the "Project"). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated 1 1 /04/201 5 , (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. United Building and Development: NOW, THEREFORE, we, Services, LLC, the undersigned Contractor and Philadelphia Indemnity Ins. CO. as Surety, a corporation organized and duly sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and adrninistrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, admdnistrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements hi the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their iatent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain hi full force and effect. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for hi the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City firom loss or damage resulting from or caused by defective materials or faulty workmanship. Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothhag herehi shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law or equity, hicludiQg, but not limited to, Califomia Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option: -47- 2S589.01000\14020299.1 (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, iacluding other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with local, Califomia and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not ntilize Contractor hi completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall hi any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, iacluding but not limited to the provisions of sections 2819 and 2845 of the Califomia Civil Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 4th day of December ^20JJi. United Building and Development Services^ LLC. (Corporate Seal) Contractor/ Principal By Rene Cortez Title Owner/President -48- 25589.01000\14020299.1 Philadelphia Indemnity Ins. CO. (Corporate Seal) Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. (Attach Attorney-in-Fact Certificate) Title The rate of premium on this bond is -^^ per thousand. The total amount of premium charges, $12,750.00 . (The above must be filled in by corporate attomey.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) Philadelphia Indemblty Insurance Company One Bala Plaza Ste 100 Bala Cynwyd, PA 19003 (Name and Address of Agent or Representative for service of process in Califomia, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California) NOTE: A copy of the Power-of-Attomey authorizing the person signing on behalf of the Surety to do so must be attached hereto. 25589.01000\14020299.1 -49- PHILADELPHIA ESDEYPNTTY INSURANCE CO.MP.ANA' ^ _ ... ^ _ _ One Bala Plaza, Suite 100 CEOS 1 38600086 Bala Cynwyd. PA 19004 w m. w . w v w w w w v» w Power of Attorney ENOW ALL PERSONS BY THESE PRESENTS: that PHTLADELPHIA INDEMNITY INSHRANCE COMPANY (the Con^raiy). a cotpoiation orgamzedand ejdstiiig under the laws of the Coomionwealth of Pennsylvania, does hereby canshtute and nppcant James R, Oken, RAI. Frieclik, Gabby Acosfn, and Abel Acosta, of JJU Olsen Bonds & Ihsnrance Brokers, City of Cauoga Park, State of California. Its tme and lawful Attomey(s) in fact with full authority to execute on its bdialf bonds, undertaking recognizances and other contracts of indemnity and writings obli^itory in the nature thereof, issued in the course of its business and to bind the Ccmqiany thereby, in an amount not to exceed S25.000.00a.00 This Power of Attomey is granted and is signed and sealed by fecsimile under and by the authority of the foEowing Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNTTY MSXIRANCE COMPANY at a meeting duly caHed the 1" day of July. 2011. RESOLAHD: That die Board of Directors hereby authorizes the President or any Vice President of the Con^iany to: (1) Appoint Attomey(s) in Fact and auflioiizB the Attomey(s) in Fact to execute on belialf of die Company bon:^ and tindatakings, contracts of indemnity and other writings obligatory in die nature tiiereof and to attach the seal of die Company diereto; and (2) to remotre, at any time, any sudi Attomey-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That die signatures of .such officers and the seal of the Con^iany may be afExed to any sudi Power of Attorney or certiBicafe relating diereto by fiicsimile, and any sudi Power of Attomey so executed and certified by fecsimile signatures and facsimile seal shall be valid and biding upon die Qimpany in die foture with die respect to any bond or undertaking to vdiich it is attached. IN TESTIMONY WHEREOF. PHILADEU^HIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SK2vED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFHCE THIS 7™ DAY OF FEBRUARY 2013. 19?? (Seal) Robert D. O'Leary Jr., President & CEO Pliilodelphia Indemnity Insurance Con^iany On this 7* day of February 2013, before me came the indtvidual who executed the preceding instrument to me personally known, and being by me duly sworn said that > he is die dierein described and audiorized officer of the PHHADELPHIA INDEMNITY INSUR-ANCE COMP-4NY; that the seal affixed to said instrument is the Coiporate seal of said Corc^iany; that the said Corporate Seal and his signature were duly affixed. coraHoaweAi.iHoFeEwNSYL.yAww NOTARIAL^ DANEUE PDRAm Noiaiy PabSc Lorn Menwmga f*(iSommttowtY Notary PuMic: O^otarySeal) residing at: My commission expires: Bala Cynwyd, PA March 22, 2016 L Qaig P. Kdler. Executive Vice President Chief Finaiidal Officer and Secretary of EffiLADELPHIA INDEMNITY INSURANCE COMPANY, do hcrby certify that the Erregoing lesoludon of the Board of Xhrectors and this Power of Attorney issued pursuant dwieio are true and correct and arc stall in. hdl force and effect. I do further certify that Robert D. O'Leary Jr., who executed (he Powerof Attorney as President was on the date of execution of die attached Power of-Attomey fhe duly elected President of PffiLADELPHIA INDEMNirY INSURANCE COMPANY. 4 Dec .^.siTYSFV-- In Testhnany Whereof I have subscribed my name and affixed die fecsimile seal of each Company this ^day of .-fi. --4v^~.20 If' 192? Craig P. Keller, Executive Vice President Chief Financial OfficEcA-: PHlXADELPHLAINDEbiNrrY INSURANCE COMPANYt =• ' 1^,7- i —Z-lef.. '/> s-~C'A-,vc "-Cu-- AfliS- T. t /s^ ''"""^-•^ V e^ 5 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 truthfulness, accuracy, or validity of that document. State of California County of Los Angeles s.s. On 12/04/2015 personally appeared. . before me, -Esireban F1 ore s, Not aj:y-Eu.b.l,.i c. 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/their authorized capacity(ies), and that by his/her/their signature(s) on the instrume.nt the person(s), 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. ESTE3AN FLORES 71 "s>S>-s|J^ Commission # 1987526 Notary Public - California i Los Angeles County 5 My Comm. Expires Aug 9, 20161 OPTIONAL INFORMATION Description of Attached Document The preceding Certificate of Acknowledgment Is attached to a docui Uni1 I Method of Signer identification document titled/for the purpose of Perf ormacne Bond f o[i^j.^,^gjj(g|.j^gQ|^(^(,j,gg|gQfgg(igfgj,,Qiygy.jgi^j,i,. united Building and ^^^^;mf^6^m¥^^io^^<iermo.no. TaodiuoM.nosa,e containing: _ pages , and dated 1 2/04/201 5 The signer(s) capacity or authority is/are as: ' : individuai(s) (.'j Attorney-in-fact !., • Corporate Officer{s) 3 witness(es} Notarial event is detailed in notary Journal on: i , Page# Entry # i Notary contact: i Other j i" ! Additional Signer T. i Signerfs) Thumbprints(s) Guardian/Conservator Partner - Limited/General Trust6e(s) Other j representing: Philadelphia Indemnity Insurance Company. . - •