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16-0419_TAYLOR TENNIS COURTS, INC_Perf Bond No. CDGP 102752*^ _ . Vi Bond No:CDGP102752 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of San Juan Capistrano (hereinafter referred to as "City"') has awarded to Taylor Tennis Courts, Inc. (hereinafter refen-ed to as the "Contractor") an agreement for Camino Capistrano Athletic Arena Court (hereinafter referred to as the "Project"). Resurfacing - CiP 15304 WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated , (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. NOW, THEREFORE, we, Taylor Tennis Courts, inc.^ the Undersigned Contractor and State National Insurance Company, Inc. Administered by:* as Surety, a corporation organized and duly authorized to trat^act business under tlie laws of the State of California, are held and firmly bound unto the City in the sum of Forty eight thousand nine hundred** DOLLARS, (S 48,970.00 ), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and tmly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, finnly by these presents. ** Seventy and Zero Cents. THE CONDmON OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in 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 intent 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 ofEcers and agents, as stipulated in said Contract Documents, then this obligation shall become nuU and void; otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the Contract Doctmients, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after die acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repah and replacements and totally protect the City from loss or damage resulting from or caused by defective mateiials or faulty workmanship. Surety shall imdertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15. * Contractor Managing General Insurance Agency, Inc. 20335, Ventura Blvd, Suite 426, Woodland Hills, CA 91364 61147.02100X20980503.2 -60 - 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: (1) Take over and complete the Project in accordance witlr 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, including other costs and damages for which Surety may be liable. The term "balance of the confiact 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, California 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 fiilfilhnent of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in 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 Siuety 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 in 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, including but not hmited to the provisions of sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEPEOF, we have hereunto set our hands and seals this 28th day of April , 201©. (Coiporate Seal) Taylor Tennis Courts, Inc. Contractor/ Principal 61147.02100X20980503.2 -61 - (Corporate Seal) 2 State National Insurance Company, Inc. Administered by: Contractor Managing General Insurance Agency, Inc: Surety l\ Attorney-in-Fact Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. (Attach Attorney-in-Fact Certificate) The rate of premium on this bond is 3/2 charges, $1,469.00 Title Stephanie Hope Shear - Attorney-in-Fact per thousand. The total amount of premium (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) state Natlnnal Insnrancfl Company, Inr. Administered by: Contractor Managing General Insurance Agency, Inc; -20335, Ventura Blvd., Suite 426, Woodland Hills, CA 91364^ (Name and Address of Agent or Shilc Lee Lcsinc - Contractors Best Insurance Services. Inc Representative for sendee of process in California, if different 20335 Ventura Blvd. Suite 426 A Woodland Hills. CA 91364 from above) 866-363-2642 ^ (Telephone number of Surety and Agent or Representative for seivice of process in California) NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. 61147.0210 0X20980503.2 -62- 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, personally apoeared , 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 capaclty(les), and that hy hIs/her/theIr slgnature(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. Signature of Notary Pubiic OPTIONAL Though the information betow is not required by taw, 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 TitleCs) Title or Type of Document • Partner(s) • Limited • General n Attorney-in-Fact • Trustee(s) Number of Pages • Guardian/Conservator • Other; Signer is representing: Name Of Person(s) Or Entity(ies) Date of Document Signer(s) Other Than Named Above 61147.02100X20980503.2 -63- Bond No: CDGP102752 gtate 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 se\eraUy) 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 ($3.000.000> and undertakings, contracts of indemnity and other writiiigs obligatoiy in the nature thereof, which are or may be allowed, required or permitted by law, statute, rale, 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 fully and amply, to all intents and purposes, 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 fecsimile or other electronic image to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatoiy 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 fiill force and effect until revoked by STATE NATIONAL INSURANCE COMPANY, INC. in a signed writing delivered to the foregoing Attomey-in-FacL Est 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. Terry L. Ledbetter, President / Trace b^dbetter, Secretary STATE OF TEXAS County of Tarrant On this 7th day of August, 2015 before me came the individuals who executed the preceding instrument, to me personally known, 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, 1 have hereunto set my hand at Bedford, Texas the day and year above written. [Notary Stamp] 4^^!i!(Z, DEANA HOWELL t*(-4!i^f\y Public, State of Texas \}j:.P^}4 Nly Commission Expires '^^Sjij^"' January 07. 2018 Signature of Notary 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 truthfulness, accuracy, or validity of that document. State of Caiifornia ) Countv of LOS ANGELES ) On APR 2 8 2016 before me, SHIRLEY GIGGLES, NOTARY PUBLIC Dafe 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 ot Calltornia that the foregoing paragraph Is true and correct. SHIRLEY GIGGLES "t Commisslan # 1937675 | Notary Pubiic - California z Los Angelas County £ ly Comm. Fv;nires Sep 7 20161. WITN Sign; I seal. 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 ot Document: Document Date: Number ot Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Ottlcer — Tjtie(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer's Name: • Corporate Officer — Titie(s): • Partner — • Limited • General • Individual • Attorney In Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: ©2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907