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16-0419_TAYLOR TENNIS COURTS, INC_Payment Bond No. CDGP 102752Bond No: CDGP102752 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS Tlaat WHEREAS, the City of San Juan Capistrano (hereinafter designated as the "City"), by action taken or a resolution passed April, 27 20 i 6 has awarded to Taylor Tennis Courts, inc. hereinafter designated as the "Principal," a contract for the work described as follows: Camino Capistrano Athletic Arena Court Resurfacing - CIP 15304 "Project")- and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated ("Contract Documents"), the terms and conditions of which ar-e expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fad to pay for any materials, provisions, provender, eqiripment, or other supplies used in, upon, for or about the performance of the work contracted to he done, or for any work or labor done thereon of any kind, or for amounts due tmder the Unemployment Insurance Code or for any amounts requned 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. NOW THEREFORE, we, the Principal and^^^^^ National Insurance Company Inc.J g^^^^^ held and firmly bound unto the City in the penal sum of Forty eight thousand nine hundred Seventy dollars and Zero Cents Dollars ($ 48,970.00 ) lawful money of the United States of America, for the payrnent of which sum well and truly to be made, we bind ourselves, our heirs, executors, admiiiistrators, successors and assigns, jointly and severally, fiimly 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 fall 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 wilii respect to work or labor perfonned under the contract, or for any amoimts 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 tiie Surety or Sureties will pay for the same, in an amoimt not exceeding the sum herein above specified. This bond shall inure 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 from the obligation 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 relatmg to any scheme or work of improvement herein above described, or peitaioing 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 payment pertaining or relatmg 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 fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any -64- 61147.02100X20980503.2 * Administered by Contractor Managing General Insurance Agency.lnc. 20335,\/entura Blvd.,Suite 426, Woodland Hills CA-91364 breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of Ms 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. EN WITNESS WHEREOF, we have hereunto set our hands and seals this 28th day of April , 2Q^p (Corporate Seal) Taylor Tennis Courts, Inc. Contractdf/Rj-incii ^(-Corpcxate Seal) ; T5 State National Insurance Company, Inc. Administered by: Contractor Managing General Insurance Agency, Inc. Attorney-in-Fact Stephanie Hope Shear, Title Attorney-in-Fact 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-Attomey authorizing the person signing on behalf of the Surety to do so must be attached hereto. 61147.02100X2 0980 50 3.2 -65 - Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the indiv dual 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 On . 20 , before me, , Notary Public, Dersonaiiv appeared , 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 instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. i certity 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 of Notary Public OPTIONAL Though (he Information beiow is not required by iaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT • Individual • Corporate Officer Title(s) Title or Type of Document • Partner(s) • Limited O General • Attomey-ln-Fact • Trustee(s) Number of Pages • Guardian/Conservator • Other Signer is representing: Name Of Person{s) Or Entity('es) Date of Document Signer(s) Other Than Named Above 61147.02100X20980503.2 -66- Bond No: CDGP102752 National Insurance Company, Inc. Administered by: Premium: $1,469.00 CONTRACTOR MANAGING GENERAL INSURANCE AGENCY. INC. POWER OF ATTORNEY KNOW BY ALL THESE PRESENTS That STATE NATIONAL INSURANCE COMPANY, INC. a corporation organized and existing under the laws of the State of Texas, having its principal office in Bedford, Texas does hereby constitute and appoint Stephanie Hope Shear (individually, jointly, or severally) its true and lawful agent and attomey(s>-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds in an amount not to exceed: Three Million and 00/100 Dollars (S3.000.000) and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The acknowledgement and execution of bond by said Attorney-in-Fact, shall be as binding upon STATE NATIONAL INSURANCE COMPANY, INC. as fiilly and amply, to all intents and piuposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. RESOLVED that the signature and date of any authorized officer and the seal of the Company may be affixed by fecslmile or other electronic image to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnify and other writings obligatory in the nature thereof, and such signature, date, and seal when so used shall have the same force and effect as though manually affixed. This Power of Attorney shall remain in full force and effect until revoked by STATE NATIONAL INSURANCE COMPANY, BMC. in a signed writing delivered to the foregoing Attorney-in-Fact IN WITNESS WHEREOF, STATE NATIONAL INSURANCE COMPANY, INC. has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 7th day of August, 2015. STATE NATIONAL INSURANCE COMPANY, INC. STATE OP TEXAS County of Tarrant Terry L. Ledbetter, President / Trace bsJbetter, Secretary On this 7th day of August 2015 before me came the individuals who executed the preceding instrument to me personally knowit and being by me duly sworn, said that each of the herein described and authorized officer of STATE NATIONAL INSURANCE COMPANY, INC.; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. IN WITNESS WHEREOF, I have hereunto set my hand at Bedford, Texas the day and year above written. [Notary Stamp] DEANA HOWELL \y Public, State of Texas -.vl Commission Expires '''^'•iSf^P" January 07, 2018 Signature of Notary I, the undersigned. Secretary of STATE NATIONAL INSURANCE COMPANY, INC, do hereby certify that the above and foregoing is atrue and correct copy of a Power of Attorney executed by STATE NATIONAL INSURANCE COMPANY, INC., which is still in full force and effect CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 ) On APR 2 8 2016 ^^^^^^ SHIRLEY GIGGLES, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared STEPHANIE HOPE SHEAR Name(s) of Signer(s) 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 instrument 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 Gaiifornia that the foregoing paragraph is true and correct. , , I - - I I - ' SHIRLEY GIUGLES Commission # 1987675 Notary Public - California LOS Angeles Counfy 5 nr^--- ^-"'^^^SeP ? 2016> 1 WITNESS -Signator Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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 — Title(s): ______ • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907