07-1206_3M HOLDING_Performance Bond No. 4365297• 9
Bond No. 4365297
Premium $1,250.00
KNOW ALL MEN BY THESE PRESENTS, that
western states Construction, Inc. ,as principal (hereinafter
called "contractor", and SureTec Insurance Company
as Surety (hereinafter called "Surety"), are
held and firmly bound unto the City of San Juan Capistrano, as oblige
(hereinafter called "city"), in the amount of
Fifty Thousand and 00/100 Dollars
Dollars ($ so,000.00--- ) for payment whereof Contractor and
Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally, fairly by these presents.
WHEREAS, contractor has, by written agreement dated
December 4th, 2007 , entered into a (describe agreement):
Grading Surety Agreement for Real Property Located at 27101 Ortega Highway, Commonly
Referred to as San Juan Capistrano Shell Station
, which contact is, by reference, made a part hereof.
NOW, THEREFORE, the condition of this obligation is such that, if
contractor shall promptly and faithfully perform said agreement then this
obligation shall be null and void; otherwise it shall remain in full force and effect.
Surety waives whatever legal right it may have to require that a demand be made
first against the Contractor in the event of default.
BE IT FURTHER RESOLVED, that:
As a part of the obligation secured hereby, and in addition to the
face amount specified, there shall be included costs and
reasonable expenses and fees, including reasonable attorneys
fees, incurred by the 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, or extension of time, alteration, or modification of the
contract documents, or of the work to be performed thereunder,
shall in any way affect its obligation or this bond, and it does hereby
waive the notice of any such change, extension of time, alteration
or modification of the contract documents or of work the be
.performed thereunder.
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Executed this 6th day of December 2007 ,
At Orange , Califomia.
APPROVED AS TO FORM:
John I thaw, City Attorney
2
(NOTARIZATION AND SEAL)
SureTec Insurance Company
SURETY
Arturo Ayala, Att ney-in-Fact
(NOTARIAZATION AND SEAL)
0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
n
U
State of California
County of Orange
On 12/06/07 before me,
Daniel Huckabay, Notary Public
Date
Name, Title of Officer- E.G. "Jane Doe, NOTARY PUBLIC'
personally appeared Arturo Ayala
NAME(S) OF SIGNER(S)
x❑ personally known to me OR -
❑ 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
HUCKKABAYI
authorized capacity(ies), and that by
Ell OMM. u1454167�
his/her/their signature(s) on the instrument
ODCANIEL
OTARY PIIELIC-CALIFORNIA�the
person(s), or the entity upon behalf of
ORANGE COUNTY
which the person(s) acted, executed the
COMM. EXP. JAN. 1. 2008
C
instrume
jSS my h nd official seal
SIGN TARV
OPTIONAL
Though the data below is not required by law, it may
prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
Performance Bond
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
Two
❑ GENERAL
NUMBER OF PAGES
❑D ATTORNEY-IN-FACT
❑ TRUSTEE(S)
12/06/07
❑ GUARDIAN/CONSERVATOR
DATE OF DOCUMENT
❑ OTHER:
SIGNER(S) OTHER THAN NAMED ABOVE
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
PUAae 510023
Bond No. 4365297
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
Arturo Ayala, Ralph Eidem, Jr., Daniel Huckabay
of Orange, CA its true and lawful Attorneys) -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, providing the bond penalty does not exceed
Five Million Dollars and no/100 ($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bonds 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 Attomey(s)-in-Fact may do in the
premises. Said appointment shall continue in force until 10/31/08 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 Attomey(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Atlorney-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 instruments 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 with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 10 of April,
1999.)
In Wiliness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 20th day of June, A.D. 2005.
.afs tuwYc
�TECRANCE COMPANY
By:
6[ w t resid
State of Texas ss: oa 1 �I Y B.J. Ki. g,
County of Harris
On this 20th day of June, A.D. 2005 before me personally came A.J. King, 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 seal 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.
Michelle Dermy
. � 1Mataolikeft 'YvltLVleliQ. QGvt uJ,+r,
a ktk
VirCotm intron Boo Michelle Denny, Notary PhbUc
A KJUSI 27, 2008 I My commission expires August 27, 2008
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 force and effect; and furthermore, the resolutions 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 at Houston, Texas this 6th day Dec bar 200 1 _, A.D.
Brent Bea istana tory
Any instrument Issued In excess of the penalty stated above Is totally void and without any validity.
For verification of the authority of this power you may call (713) pit -OM any business day between8:00 am and 5:08 pm CBT.