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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. 0 0 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.