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10-0125_3M HOLDING_Release of Bonds Letter32400 PASEO ADELANTo SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493.1053 FAx -Wl1,-W.,,. 7aiiiiia17t,a 7istra.no.03g . January 25, 2010 SureTec Insurance Company Attn: Arturo Ayala 952 Echo Lane, Suite 450 Houston, Texas 77024 Re: Release of Bonds: Dear Mr. Ayala: . This letter is to inform you that the following bond issued for Western States Construction, Inc is. officially released as of January 25, 2010: BOND NO. PURPOSE AMOUNT 4365297 Grading Surety — 27101 Ortega Highway, San Juan Capistrano Shell Station $50,000.00 The City of San Juan Capistrano hereby fully and forever releases and discharges SureTec Insurance Company from any and all liability under the abovementioned bond number. The original — released — document is enclosed. If you have any questions, please do not hesitate to all me t (949) 443-6309. e t yours, M i oras, MM Jerk Enclosures as noted cc: (Letter copy only) May Dela Cruz, Western States Construction, Inc, 4887 E. La Palma Ave #707, Anaheim, CA 92807; Nasser Abbaszadeh, Public Works Director San Juan Caj)istrano: Preserving the Past to Enhance the Future Printed pn OO recycled paper %I MEMBERS OF THE CITY COUNCIL B1E _,SAM ALLEVATO ° fStattEiNtu flBPG 9961 LAURA FREESE THOMAS W. HR'iBAR � 977& MARK NiELSEN DR. LONDRES USO This letter is to inform you that the following bond issued for Western States Construction, Inc is. officially released as of January 25, 2010: BOND NO. PURPOSE AMOUNT 4365297 Grading Surety — 27101 Ortega Highway, San Juan Capistrano Shell Station $50,000.00 The City of San Juan Capistrano hereby fully and forever releases and discharges SureTec Insurance Company from any and all liability under the abovementioned bond number. The original — released — document is enclosed. If you have any questions, please do not hesitate to all me t (949) 443-6309. e t yours, M i oras, MM Jerk Enclosures as noted cc: (Letter copy only) May Dela Cruz, Western States Construction, Inc, 4887 E. La Palma Ave #707, Anaheim, CA 92807; Nasser Abbaszadeh, Public Works Director San Juan Caj)istrano: Preserving the Past to Enhance the Future Printed pn OO recycled paper Bond No. 4365297 PERFORMANCE BOND 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 $0,000.0o--- 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 ileal Property Located at 2'7101 Ortega Highway, commonly Referred to as San Juan Capistrano Shell Station which contact is, by reference, made a pari 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: I. 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 attorney's 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. .E .E Date: Signature; City Clerk City of San Jua% Cap'tstren©, Executed this 6th day of December 2007 , At orange , Calffornia. APPROVED AS TO FORM: John .. thaw, City Attorney K States Conruction, Inc PRINCIPAL (NOTARIZATION AND SEAL) SureTec Insurance Company SURETY Arturn Ayala, Att ney- in--FacC (NOTARIAZATION AND SEAL) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 12/.0.6/07 before me, Daniel Huckaba , Notary Public Date Name, Title of Officer -- E.G. "Jane Doe, NOTARY PUBLIC„ personally appeared Arturo Ayala NAME(S) OF SIGNS R(S) FX I personally known to me - OR - DANIEL HHKABAY� C9, COMM. #1454167 NOTARY FJeL1G-CAL.lF0RNIA ORAWIE COUNTY � �— my GES tib. FXP. JAN. 1. 2008 ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) isfare 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 - "`-- --_ nd official seal 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 ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) TITLE(S) ❑ LIMITED ❑ GENERAL ❑X ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT Performance Band TITLE OR TYPE OF DOCUMENT Two NUMBER OF PAGES 12/06/07 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE POA 510023 Bond No. 4365297 SureTee InsuranceCompany LIMITED POWE R OF ATTORNEY Knott/ All Mei by 'hese 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, Rarris 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)-ln-fact, with full power and authority Hereby conforred in its name, place and stead, to execute, acknprvledge, 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 sur6ty, 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 Attorney(s)-iii-Fact may do in the premises.. Said appointment shall continue in force until 10/3110a a and is trade under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be if Resolved, that the President, any vice-Presidcut, .any Assistant Vice Presidont, any Secretary.DT any Assist€an Secretary shall be and is hereby vested with Cull power and authority to appo nt.any one or more suitable persons as Attorney(A-in-Vaca to represent and act for and on behalf of the Company subject to the following provisions. Attorney -in -Fact, may be "given: rul1, power. and authority for andin.. the naive of and of behalf' of the Company,. to: execute,. acknowledge .and deflver; any and all boards; recognizances, contracts, agrIrements or izrdemnity and other coiiditional or obligatory undertakings said any and till notices and documents canceling or terminating the Company's liability thereu€tder; and. any succi Inst ranents so executed by any such Attvraacy in -Enact sh"all he binding upon alae Company as it signcd by the President. and..sealed: and:e ected-by tlae Ctatporate 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 ally certificate. relating thereto by facshnile, and any power of`anorney or certificate bearing facsimile signature or facsimile seat shall be valid and binding upon the Company with respect to any bond or undertaking to which itis attached. (Adopted at ra meeting held on 204' qfAprf1, 1999.) Int Witness 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. 2045. OR TSG RANC)E COMPANY i na X3..1. iii ga .rests t State of Texas ss: `e County of Harris On this 24th day of Trane, A.D. 20{}5 before me personally saltie A.J. King, to me known, who, being by me duly sworn, did depose said say, that he resides in fJouston, Texas, that he is .President of SURF,TEC INSURANCE COMPANY, the: company. described in and which executed the above instrument; that he, knows the seal of said.Company; that the seat affixed to said instrument is such corporate seat; that it was so affixed by order of the Board of Direc€ors of said C°oritpany; and that he sighed his,name thereto by lire order. Michelle Denny 1�Y StobribTWO * y Catstmisslort EOM AugL t 211.2008: Michelle Denny, Notary Phfie My coitittiission expires August 27, 2.008 1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE, COMPANY, do herebycertify thaf 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 acid eMct. and furthermore the: resotittions of the Board of Directors, set out in the Power of Attorney are in; full force and efl'eet: Given under my hand. and the seal of.said Company at Houston,. Texas this 6 th day, Dec ober 120 07 A,D. .'Brent Rei .y� .., silt Sec to y Any instrument Issued in excess of the penalty stated above is totally valet and without any vaiid4., For verification of the authorlty.of this Power you My call.1713) B92-a80t1. any business day betwean,8:00 ares and 5.00 pm CST,