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17-0710_PACIFIC POINT DEVELOPMENT PARTNERS, LLC_Perf Bond No. SU1145966 BOND NO. SU1145966 INITIAL PREMIUM: $5,246.00 SUBJECT TO RENEWAL "The Cove" GRADING SURETY AGREEMENT PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: WHEREAS the City of San Juan Capistrano ("City") and Pacific Point Development Partners LLC("Principal"),have executed an agreement for work consisting of,but not limited to,the furnishing of all labor,materials,tools,equipment,services,and incidentals for all grading and installation of related improvements for B16-1291 Tract Map No. 16747 Lot 1 ("the Work"); WHEREAS,the Work to be performed by Principal is more particularly set forth in that certain Grading Surety Agreement dated , 2017 ("Agreement"), which Agreement is incorporated herein by this reference; and WHEREAS,Principal is required by the Agreement to provide a good and sufficient bond for performance of the Agreement, and to guarantee and warranty the Work performed thereunder. NOW,THEREFORE,Principal and Arch Insurance Company as surety("Surety"), a corporation organized and existing under the laws of the State of Missouri,and duly authorized to transact business under the laws of the State of California,are held and firmly bound unto City in the sum of Seven Hundred Forty Nine Thousand, Three Hundred Eighty One Dollars and Fifty Cents ($749,381.50), for which amount well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors or assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such,that if Principal,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, agreements, guarantees, warranties and provisions in the Agreement and any alteration thereof made as therein provided,on his or their 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 indemnify and save harmless City, its officers, employees,and agents,as therein stipulated in the Agreement,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby,and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,incurred by City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. Surety, for value received, hereby stipulates and agrees that no change,extension of time, alteration, or addition to the terms of the Agreement, or to any plans, profiles, and specifications related thereto,or to the Work to be performed thereunder, shall in any way affect its Grading Surety Agreement, Permit#B16-1291 The Cove Production Precise Grading Page 1 of 3 61147.02100\14215513.2 CMGiNAL 6 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 Agreement, or to the Work or to the specifications. IN WITNESS WHEREOF, the seal, if any, and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at Tampa, Florida, this 23rd day of June, 2017. Pacific Point Develop t Partners LLC Arch Insurance Company Principal Surety 7-Th By: BY: 11 , • /-a9. AuthorizedSipatory, A / ey-in-Fact 1111/1/v ripv f.,={ Margaret A. Ginem (print name) (print name) c/o Willis of Florida, Inc. 4211 W.Boy Scout Blvd.,Ste. 1000 Tampa, FL 33607 Inquiries:(813)281-2095 NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF ATTORNEY TO LOCAL REPRESENTATIVES OF THE SURETY MUST BE ATTACHED TO THIS BOND. Grading Surety Agreement, Permit#B16-1291 The Cove Production Precise Grading Page 2 of 3 61147.02100\14215513.2 Senate Bill 1050. amends Sections 1189 and 1195 of the Civil Code and Section 8202 of the Government Code, relating to notaries public. '!'he below physical format of the new disclosure notice is an example, for purposes of illustration. 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 California County of h. A 7- OnJiY if iS before me, W ( 11 nottl_ t)gl (here insert name and tit e of officer), personally appeared 0, /111/1 1 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 California that the foregoing paragraph is true and correct WITNESS my han and official seal. Signature ALLWA (Seal) W. LEWIS AWic.„,,,A, Commission #2088325 wkirsQt, Notary Public -CaliforniaMy § z %V71,t"44' Orange County Comm.Expires Oct 31,201 ORIGINAL ACKNOWLEDGEMENT BY SURETY STATE OF FLORIDA COUNTY OF HILLSBOROUGH 1 SS. On this 23rd day of June, 2017 before me, personally came Margaret A. Ginem, who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within Instrument as Attorney-In-Fact on behalf of Arch Insurance Company, and acknowledged to me that he/she executed the within instrument on behalf of said surety company and was duly authorized to do. In witness whereof, I have signed and affixed my official seal on the date in this certificate first above written. Signature MaysiA,c:a,,,,ett,x. /1"jcvwt (,v ianella Barnola MARIAN ELLA BARN OLA Commission#FF 947761 Z1 Expires May 5,2020 Bondut Thni Troy Fain Insurance 800-385-7019 This area for Official Notarial Seal 1111�111i1,1IIII ! 111 � 1 - — I AIC 0000203467 46 7 -TNHS POWER OF A77,p61,NglY I I1J9 'ALID UNLESS IT IS PRINTED l BACKGROUND 11, e€ ttorne limits tho11 II O,'1i 1 lillll 1 y ��� fi t,��sel�,1�r'4�1 herein, and thirj-WiloMmith0 bind the Comps ext-plOn manner and to the extent herein sEated. Not valid for Mortgage, Note, Loan, Letter of Credit, Bank Deposit, Currency Rate, Interest Rate or Residential Value Guarantees. f1 OF ATT 1 1 '1'1p "1111111 ;Hil,b.1 Know All Peen*ByThese Presents- 1 1 � I That the Arch.tisurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal Jersey( Irleinef er referred to as the"Company")does=hereby appoint: administrative-office in Jersey City,New erre he i 1 � �I`II i. wand Baich,Davi H.I ','lir II I�'iMle'I 1 and and Margaret G rn T�� (EACH) Kett Cat d af Y1 71,.,1"1, its true and lawful Attorney(s)in-Fact, seal, to make,execute, and deliver from the date of issuance of this power for and on its behalf as surety,and as its act and deed: _ - Any and alt bonds,-undertakings,r cen rely obligation. l ilr�li tfli iel!1 er, llllS l h'nc�t i needing _Ninety Million Doflars($90.000.000. - 1 111,' 111111 p 111 II,11111 to be split into two or more bonds In order to bring authority does not permit the same obligation each such bond within the dollar limit of authority as set forth herein. M e utter of Bch bonds, unOe!rt kin 11 Il 1 ktli cl Ol1r and other su ty tip= ce of these press r ==be-ate ° ' AIC 0000203467 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers,this 7th day ofDecember,2016. Attested and Certified Arch Insurance Company / f w,,,,..„,, -($, )11k �. ~ ���, ^ //* ' �4 ����~�^- � �� mp' 'ur~m~ �c���' alnAriai Po\ri�kK.Nmi�' Gonro�ary ~ David�� /n'emain. Exeout�oVice President 101 Missouri STATE OF PENNSYLVANIA SS ~� ^- COUNTYOFPH|LADELPH|A8S I, Helen Szafran, a Notary Public, do hereby certify that Patrick K. Nails and David M. Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri,subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized oignod, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. cO*MmNwE*«TH OfpENmmvpwWA� . NOTAM SEM. HELEN=FRAN.Notary Pak City of MiradaOhio,Rio. myCcoriSsimE������7017 thhijNeeirh My commission expires 10/03/2017 CERTIFICATION I, Patrick K. Nails, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated December 7, 2016 on behalf of the person(s)as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkn|otoin, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. IN TEST.IMpNY WHE OF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on thiu���-, dayof . 20/7 . �� / / � � -���.' ��//w °~' +' . Patrick K.Nails, Secretary This Power ofAttorney limits the acts ofthose named therein mthe bonds and undertakings opecifioa||ynamed therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance—Surety Division 3Pa,kwoy.Suite 1500 o°—' —e Phi|ade|phio.PA 19102 • -m w*p"mw,t U xe* �» ,,n J� �� 10&vVV6 O0yNL0O13000303 Page 2of2 . Printed in U.S.A.