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17-1205_PACIFIC POINT DEVELOPMENT PARTNERS_Bond Release Ironshore Indemnity32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493.1053 FAx www.sanjuancapistrano.org December 5, 2017 Ironshore Indemnity, Inc. 725 S. Figueroa, Suite 3375 Los Angeles, CA 90017 MEMBERS OF THE CITY COUNCIL SERGIO FARIAS KERRY K. FERGUSON BRIAN L. MARYOTT PAM PATTERSON, ESQ. DEREK REEVE Re: Release of Bonds — Pacific Point Develooment Partners. LLC — Tract 16749 Dear Sir or Madam: This letter is to inform you that the following bonds issued to Pacific Point Development Partners, LLC —Tract 16749 are officially released as of December 5, 2017: SU21000025 SU21000021 Pt IRPORF Landscape and Irrigation Monumentation BOND AMOUNT $ 85,673.00 $ 14,500.00 The City of San Juan Capistrano hereby fully and forever releases and discharges the Ironshore Indemnity, Inc. from any and all liability under the abovementioned bond numbers. Enclosed please find the released bonds. If you have any questions, please do not hesitate to call me at (949) 443-6310. Sincerely, --' I Christy Jakl, CMC Assistant City Clerk Enclosures as noted cc: Steve May, Public Works and Utilities Director Joe Parco, City Engineer George Alvarez, City Engineer Joe Mankawich, Associate Engineer San Juan Capistrano: Preserving the Past to Enhance the Future C) Printed on 100% recycled paper RELEASEf�-� Date: `�-�'- Signature r(o),A" Premium: $225.00 City ClerkCity of San nn Capistr SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.2) Bond No. SUR21000021 Replaces Bond No SUR20000333 KNOW ALL MEN BY THESE PRESENTS, that Pacific Point Deveiopment Partners, LLC (hereafter designated as "Principal"), and Ironshore Indemnity Inc. , as Surety (hereinafter called "Surety") agree to install and complete certain designated public improvements as conditioned by City Council Resolution No's. 92-6-16-4 and 03-09-16-06. WHEREAS, said Principal is required to furnish a bond pursuant to Municipal Code Section 9-5.101 and 9-5.109 et seq., for the faithful performance to guarantee certain work, more particularly described as follows: Monument subdivision improvements within Tract 16749 as defined within Amendment #1 and Reinstatement of the Subdivision Imerovement Agreement for Tract 16749 NOW, THEREFORE, we, the Principal and Surety are held firmly bound unto the City of San Juan Capistrano, (hereafter called "Obligee") in the penal sum of Fourteen Thousand Five Hundred Dollars and 00/100 Dollars, ($14,500.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said improvement obligations within the fully executed and recorded subdivision improvement agreement, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Page 1 of 3 BE IT FURTHER RESOLVED: 1. 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 City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Principal, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal herein named on the 19th day of May , 2015 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. PRINCIPAL: Pacific Point Development Partners, LLC B {�° Y Its: 141114X1%C:,-2.11 4S. -.W4, 1 SURETY: Ironshore Indemnity Inc. By: &404�e�a_ Margar A. Ginem , Attorney -in -Fact Surety Phone No. C/O WILLIS OF FLORIDA 4211 W. BOY SCOUT BLVD, #1000 TAMPA, FL 33607 page 2 of 3 INQUIRIES: (813)261-2095 (NOTARIZATION AND SEAL) (NOTARIZATION AND SEAL) APPROVED AS TO FORM: By: NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 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 California County of On ��n, >,v, before me, Dat J�, -I personally appeared and Title Name(s) of Signer(s) �14 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. W. CORDI Commission # 2088325 Notary Public - California a Orange County MY Comm. Ex Tres Oct 31, 2018 I 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 NuqL. Signature of Notary Public 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 of Document: _ Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s):` ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 ACKNOWLEDGEMENT BY SURETY STATE OF FLORIDA COUNTY OF HILLSBOROUGH I SS. On this 19th day of May, 2015 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 Ironshore Indemnity Inc., 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. i Signature Anett Cardinale ;:pry ANEiTCARDINALE _ • Cammiss{on # FF 138482 i Expires July 28, 2018 ��en�saoa.�rur� This area for Official Notarial Seal 89 820.6f 'the .. $6�aat.Bill. 1'0$0. :1 119 , meh4 -Seeti lig. 1 .5 Pfhe: dvit -code and Sea. Q I ion Go,y,prpwc*, Code, felafingvpotAfiag. publf e _w ]*YsicA format Of OiP-newd.. w!bsime notice is,4n exa�nplc, for pur yibtm-b 'W.s*- ..0 lie of other 6ffide. pl�tln&t certificate verifies only the identity'of the individual qhor. -signed, the doAqtnent.to w4kfil& certificate, is attached, and not, the trUthfulnessi ApbUr4py, ot vjlkj� pf tb#46cumew. 'gt4to of California 'C.6'unty. of oil -befor6 Tac, (here ibsert name and' title 6fofficer), pe�rsmaljy appeared NALo ppyyp4 tOmg ori - the .basis of sat ey(denoo to bflhe. person($) Whose nank) ls/kre SASPOeato %6 withiri 4astrument. and acknowledged -to me• that: he/she/they Px4wuted the same: -hi -hiAerftheir autlioYi capacity( es), 4d that by. )iW40rO:cxr �g�ftA44.6(s) Qji tfie Itistrutno7fit e Verson(s), or the efifity ftp0. behalf of which'th6 06rsbfi(s), acted; ckecuted tbe instrura6t. I; ezk ,Y IfTderPENALT OF' PERJOpy'Od6r. the as of tS' AteQfC ibrh' hitt paragraph is true and correct WITNESS fwylAn4 and officid SeaL- 81'g-n-aur'.c. . 1. . (Sea]).- PUWER OF Al i URN EY III- 21000021 Ironshore Indemnity Inc. KNOW ALL MEN BY THESE PRESENTS, that IRONSHORE INDEMNITY INC., a Minnesota Corporation, with its principal office in New York, NY does hereby constitute and appoint: David H. Carr, Anett Cardinale, Margaret A. Ginem its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of IRONSHORE INDEMNITY INC. on the 22"d day of April, 2013 as follows: Resolved, that the Director of the Company is hereby authorized to appoint and empower any representative of the company or other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $7,500,000 dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In -Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the Director and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, IRONSHORE INDEMNITY INC. has caused this instrument to be signed by its Director, and its Corporate Seal to be affixed this 7th day of August, 2013 IRONSHORE INDEMNITY INC. "�a"1Tevt, 's e„ acw. BY: Dane L.Sws n -' Director ACKNOWLEDGEMENT On this 7th Day of August, 2013, before me, personally came Daniel L. Sussman to me known, who being duly sworn, did depose and say that he is the Director of Ironshore Indemnity, Inc. , the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. r, JAM Amy Tayio Notary Public CERTIFICATE I, the undersigned, Secretary of IRONSHORE INDEMNITY INC., a Minnesota Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at this 191h Day of May ZD 15 - oSFnl*` Paul S. Gi dano w Secretary 'WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files and application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties." w V AI'll L TAYLCA - Nolary Public- Stale of Tennessee +:1 Davidson Camhr (y� ,� tav Can+mxwn E>tpYea4fA10.f4 r, JAM Amy Tayio Notary Public CERTIFICATE I, the undersigned, Secretary of IRONSHORE INDEMNITY INC., a Minnesota Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at this 191h Day of May ZD 15 - oSFnl*` Paul S. Gi dano w Secretary 'WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files and application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties." IRONSHORE BNOEMNITY INC FINANCIAL STATEMENT SUMMARY As of December 31, 2014 ASSETS Bonds Preferred stocks Common stocks Mortgage loans on real estate: first lens Mortgage loans on real estate,, Other than Ont gens Properties occupied by the company Properties held for the production of income Properties held for We Cash. cash equivalents and short-term Investments Contract loans Derivatives Other invested assets Receivables for securities Securities Ic ndi ng. reinvested col is lera' asset Aggregate write -Ins forinvested assets Subtotals. cash and Invested assets Title plants less $.., Charged off Investment Income due and accrued Uncollected premiums and agents' balances In the course of collection Deferred premiums, agents' balances and Installments booked but deferred and not yetdue Accrued retrospective premiums Amounts remverabs a fmm reinsurers Funds held by or deposited with reimurad companies Other amounts receivable under reinsurance contracts Amounts receivable relating to uninsured plans Current federal and foreign Income tax recoverable and interest thereon Net deferred tax asset Guaranty funds receivable or on deposit Furniture and equipment Including health are delivery assets Net adjustment In assets and liabilities due to forego exchange rates Receivables from parent, subsidiaries and affiliates Health are and other amounts receivable Aggregate wrtte-kns for otherthan Invested assets Total assets excluding Separate Accounts, Segregated Accounts and Protected Cel Accounts From Separate Accounts. Segregated Accounts and Protected Cell Accounts LIABILITIES $179,140,947 tosses $63,582,066 0 Reinsurance payable on paid losses and loss adjustment expenses 0 31,840,141 loss adjustment expenses $10,384,957 0 Commissions payable, contingent commissions and other similar charges $1,020,805 0 Other expenses (excluding taxes. ncemesand fees) $5,435,126 0 Taxes, licenses and fees (excluding federal and foreign income taxes) $2,383,909 0 Currant federal and foreign income taxes $2,434,392 0 Hot deferred tax IiabIItIv 0 $15,63,951 Unearned premlums $29,158,576 0 Advance premium 0 Ceded reinsurance premiums payable (net of ceding commissionsl $58,222,187 0 Funds held by company under reinsurance treaties 0 0 Amounts withheld or retained by company for account of others 0 Remittances and items not allocated 0 Provlsionfor reinsurance $1,545,075 $226,614,039 Net adjustments in assets and fatbilitlesdue toforeign exchange rates 0 Drafts outstanding $990,960 Payable to parent subsidiaries and affiliates $12,458,110 $73,567,547 Derivatives 0 0 Payable for securities 0 0 Payable for securities lending 0 $33,586,257 Liability for amounts held under uninsured plans 0 0 Aggregate write -Ins for liabilities $4,185,929 0 Total liabilities excluding protected can liabilities $190A11,131 0 PreleCted Cell iiabi hies 0 $5,530,837 TotatNabilitles $190,811,131 0 0 POUCYHOtDERSSSURPLUS 0 Aggregate wnte-lnsfor special surplus funds 0 0 0 Common aotal stock 5,000,000 $7,124,971 preferred capital stock $347,414,611 Aggregate writ. ns for other than special surplus 0 0 Surplus Notes TOTALS §347,414 611 Gross paid In and contributed surplus CERTIFICATE ! I certify that the above financial statements to the bestof my knowledge are a true and accurate reflection of the finarclal condition of the Company as of December 31, 2014, Additionally, I certify that the above financial statements are In agreement with the Statutory Financial Statements filed with the Texas Department of Insurance as of the same date. W81tam 1 Gleason M YP fk 7reasen eL $156,938,671 Unassigned funds surplus; ($5,335,190) SuWus as regards policyholders $156,603,481 TOTALS $347,414,611 SUBSCRIBED and sworn tome thisY-day ofH'v, Mycommissen expires: -7-/o—/T Notary Public Printed Name ALYSSA TURt<OVITZ Notary Public. State of Now York alLtiTtiRlctn+rlt . _.-- — No. 01TU6O44514 Ciuefified In Westchester County r Co mmis� Frons July 10, 2018 Notate ,"lc. State of New;ork ~ No. 017116044514 Qualified In Westchester County Commission Expires July 10, 2014 RELEASE[ __�,� Date: ot Signature: City Clerk SUBDIVISION LABOR AND MATERIAL" O+i' c'�ES�"�"°' CA (GOVERNMENT CODE 66499.2) Bond No. SUR21000021 Replaces Bond No. SUR20000333 KNOW ALL MEN BY THESE PRESENTS, that Pacific Point Development Partners LLC (hereafter designated as "Principal"), and Ironshore Indemnity Inc. } as Surety (hereinafter called "Surety") agree to install and complete certain designated public improvements as conditioned by City Council Resolution No's. 92-6-16-4 and 03-09-16-06. WHEREAS, said Principal is required to furnish a bond pursuant to Municipal Code Section 9-5.101 and 9-5.109 et seq., for the faithful performance to guarantee certain work, more particularly described as follows: Monument subdivision improvements within Tract 16749 as defined within Amendment #1 and Reinstatement of the Subdivision Improvement Agreement for Tract 16749 NOW, THEREFORE, we the Principal and Surety are held firmly bound unto the City of San Juan Capistrano, (hereafter called "Obligee") in the penal sum of Fourteen Thousand Five Hundred Dollars and 00/100 Dollars ($14,500.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if the above bound Principal, his or its heirs, executors, administrators, successors or assigns, shal in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions per City Council Resolution No's. 92-6-16-04 and 03-09-16- 06, 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 true intent and meaning, and shall indemnify and save harmless the City, its offers, agents and employees as therein stipulated, and, as necessary enter into a Subdivision Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. Page 1 of 3 BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified therefore, 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. 2. Said Principal hereby stipulates and agrees that no change, extension of time, alteration, or modification of the terms of the agreement or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration or modification of the terms of the agreement or of the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal herein named on the 1 9th day of May , 2015 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. PRINCIPAL: Pacific Point Development Partners, LLC (NOTARIZATION AND SEAL) By: Y Its: t VN)W\Vc % 7a SURETY: Ironshore Indemnity Inc. (NOTARIZATION AND SEAL) By: GC- Margare . Ginem , Attorney -In -Fact Surety Phone No. C/O WILLIS OF FLORIDA 4211 W BOY SCOUT BLVD, #1000 Page 2 of 3 TAMPA, FL 33607 INNIRIES: (813)281-2095 APPROVED AS TO FORM: By: NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 icy'%s'FiY�£�"�`.£�`iFa�i`�E�"•.fx'S��4�`."'rfi��F�vS-.�-Y"'.i'�'flv'r�`'L°L£�'�.£'.''�Qa`{.4�i��'Yo-h�"vFal�i �vll h. '."¢'�j 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 On 1 Date personally appeared before me, ]j A_V' Ly I V (U Flee Ins N grqe and Name(s) of Signer(s) 'I Officer 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. W. CORDI Commission #2088325 x z =s Notary Public - California Z Orange County �r m Comm. Expires Oct 31, 2018 I 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 V�W,A' Signature of Notary Public 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 of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator F-1 Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association - www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 ACKNOWLEDGEMENT BY SURETY STATE OF FLORIDA COUNTY OF HILLSBOROUGH I SS. On this 19th day of May, 2015 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 Ironshore Indemnity Inc., 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 m official seal on the date in this certificate first above written. Signature Anett Cardinale This area for Official Notarial Seal ;+nY""" ANETT CARDINALE # FF 138482 "AarCommission 2Bn Bonddedfes Th T FtinJuly 2018800.305.7019„ This area for Official Notarial Seal Cavil b 0 �. f. . the 19-5 of 74t c ode. ana sec : to 4atO, 1314 1.1050, amad� Se0i lig 1 1 8 9 'd. .QbypTMc*Xo46, feja*tto nofariim,pb$b,'Th-ia bejow.-physicdl for:m.at of the.heW. dig -lbsiire -irkqticpp•. is -an example,,, forpufMustxatim. A iiothfy, public of0thdr offidt-,f 6aiti&OndW.S.-. cerfifi�,jte,verjfje.s.oaly the identity of the indi-y'Idluai signed the doNmedtlp whiefi.11W certificate ert icate is attached, and not the trdfUtd-nessi, ,Ac�.ftty, oil VkWit( of that doeument ;State of Oahfornia Cbtinty Of Ori ..before ane, (1•iers ,insert name and'title d-officerj, personally appe=4 proved tOyog oij -thebagi's. ofsatisfactoiy. evidejicd to . 4q.'the._persqji(9 I ) -Wo§Ciiame /4ri5UIoxi, to; the-- wiNK kkmment and acknowledged -to me- that helshe/they executed the :same _In Es/heritheir b �i rAh-Or ApAt va( In� . m- t tae1`V_erson(s),�'Of the #RthtOzzd r.- ac,4y(ies),. Oqd that y W46'. 1� tru 010 ..V �ijtjty lipoc . 6'e'h.4!f of Nyhi h'thex pefsoh(s.):fed e mited tb ke &...instrument, 1. qAI tfii� Svqto� 6 if RY'qdder The aws �f CA Ifo rrilvi haat the fvtcgoinig paragraph is true andcorred WUNES,S.- myhAnd a'n'.d Oficid se r. S . ignatum (Sea]). POWER III- 21000021 Ironshore Indemnity Inc. KNOW ALL MEN BY THESE PRESENTS, that IRONSHORE INDEMNITY INC., a Minnesota Corporation, with its principal office in New York, NY does hereby constitute and appoint: David H. Carr, Anett Cardinale, Margaret A. Ginem its true and lawful Attorneys) -In -Fact to make, execute, seal and deliverfor, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of IRONSHORE INDEMNITY INC. on the 22nd day of April, 2013 as follows: Resolved, that the Director of the Company is hereby authorized to appoint and empower any representative of the company or other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $7,500,000 dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In -Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the Director and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, IRONSHORE INDEMNITY INC. has caused this instrument to be signed by its Director, and its Corporate Seal to be affixed this 7th day of August, 2013 IRONSHORE INDEMNITY INC. o�i;4fr" h--r SEAL p 1919 By: Ran a L. Suss n `+ Director ACKNOWLEDGEMENT On this 7th Day of August, 2013, before me, personally came Daniel L. Sussman to me known, who being duly sworn, did depose and say that he is the Director of Ironshore Indemnity, Inc. , the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. AMY'TAYLOR - = Notary'Ub".. Slate of Tennessee - - Oavioson County My Commission Expires 01-09-16 '04'" J,�� - Amy L Teyt Notary P011r. CERTIFICATE I, the undersigned, Secretary of IRONSHORE INDEMNITY INC., a Minnesota Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at this 191h Day of .May 20 15 d. Y f+= o SEAL 1919 2aul.Q dano Secretary "WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files and application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties." IRONSHORE INDEMNITY INC FINANCIAL STATEMENT SUMMARY As of December 31, 2014 ASSETS Bonds Preferred stocks Common stocks Mortgage loans on real estate. Rest tens Mortgage loans on real estate; Other then first liens Properties occupied by the company Properties held for the production of income Properties held for We Cash. cash equivalents and short-term Investments Contract loans Derivatlyes Other invested assets Receivables for securities Securities lending reinvested collateral assets Aggregate wrlteans forinvested assets Subtotals. cash and Invested assets Tide plants less $._ Charged off Investment Income due and accrued Uncollected premums and agents' balances in the course of collection Deferred premiums, agents' balances and Installments booked but deferred and not yes due Accrued retrospective premiums Amounts recoverable from reinsurers Funds held by or deposited with reinsured companies Other amounts receivable under reinsurance contracts Amounts receivable relating to unlnswed plans Current federal and foreign income tax recoverable and interest thereon Net deferred t3a assel Guaranty funds receivable or on deposit Furniture and equipment, Including health are delivery assets Net adjustment In assets and liabilities due to foreign exchange rates Receivables from parent, subsidiaries and affiliates Health are and other amounts receivable Aggregate wrRe4ns for other than Invested assets Total assets excluding Separate Accounts, Segregated Accounts and Protected Cat Accounts From Separate Accounts. Segregated Accounts and Protected Cell Accounts LIABILITIES $179,140,947 losses 0 Reinsurance payable on paid losses and loss adjustment expenses 31AM,141 loss adjustment expenses 0 Commissions payable. contingent commissions and other similar charges 0 Other expenses (ex tucling taxes. licenses and fees) 0 Taxes, licenses and fees (excluding fedml and foreign income taxes) 0 Current federal and foreign Income taxes 0 Net deferred tax liability $15,632x951 Unearned premiums 0 Advance premium 0 Ceded reinsurance premiums payable (net of ceding commissions) 0 Funds held by company under reinsurance treaties 0 Amounts withheld or retained by company for account of others 0 Remittances and items not allocated 0 Provision for reinsurance $226,614,039 Net adjustments In assets and tabilltles due to foreign exchange rates 0 Drafts outstanding $990,960 Payable to parent, subsidiaries and affiliates $73,567,547 Derivatives 0 Payable for securities 0 Payable for securities lending $33,5861257 Liability for amounts held under uninsured plans 0 Aggregate wrlte-Ins for liabilities 0 Total Babllltes exciuding protected cell liabilities 0 plotctleo ten lir4 hots 0 $5,530,837 Total liabilities 0 0 POUCYHOLDEFWS SURPLUS 0 Aggregate write -Ins for special surplus funds 0 0 Common capital stock $7,124,971 preferred capital stack $347,414,511 Aggregate wrlte- ns for other than special surplus 0 Surplus Notes TOTALS $347,414,611 Gross paid In and contributed surplus CERTIFICATE I certify that the above financial statements to the bestof my knowledge are a true and accurate reflection of the financial condition of the Company is of December 31, 2014, Addlilonally, Icertify that thr aboxe nnandal stalernents are In agreement with the Statutory Financial Statements filed with tha Texas Department of Insurance as of the same date. William J Gleason 90—VPE&AIP3ME. $63,582,066 0 $10,364,957 $1,020,805 $5,435,126 $2,383,909 $1,434,392 0 $29,158,576 $56,222,387 0 $1,545,075 $12,458,110 0 0 0 0 $4,1851928 $190,811,131 $190,811,131 0 S,000,000 0 $156,938,671 Unaasllined funds (surplus) ($5,335,190) Serious as regards polleyholders $156,603,481 TOTALS $347,414,611 SUBSCRIBED and sworn tome this--r�yofM/q4 GI%5 My commtsftn expires: 7-10—/v NotaryPublic printed Name Al_YSSA TURKOVIIZ Notary Public, State of New York No.01TU6044514 AlxssAruBtcwln Qualilled in Westchester County ° { CofWlisakIn ExpiM July 10, 2018 Nm !{ WIG Stance lrf fyavr Ycrk No.01TU6044514 Qualified In Westchester County Commission Expires July 10, 2014 RELE�ASE,,D� Date: '��2La`,l,�oocj 5, poll- Premium: $643.00 Signature:� r _ City Clerk City of San Juan Capistr�o, A SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.2) Bond No. SUR21000025 Replaces Bond No. SUR20000334 KNOW ALL MEN BY THESE PRESENTS, that Pacific Point Development Partners. LLC (hereafter designated as "Principal"), and Ironshore Indemnity Inc. as Surety (hereinafter called "Surety") agree to install and complete certain designated public improvements as conditioned by City Council Resolution No's. 92-6-16-4 and 03-09-16-06. WHEREAS, said Principal is required to furnish a bond pursuant to Municipal Code Section 9-5.101 and 9-5.109 et seq., for the faithful performance to guarantee certain work, more particularly described as follows: Landscape subdivision improvements within Tract 16749 as defined within Amendment #1 and Reinstatement of the Subdivision Improvement Agreement for Tract 16749 NOW, THEREFORE, we, the Principal and Surety are held firmly bound unto the City of San Juan Capistrano, (hereafter called "Obligee") in the penal sum of Eighty Five Thousand Six Hundred Seventy Three Dollars and 001100 Dollars, ($85,673.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said improvement obligations within the fully executed and recorded subdivision improvement agreement, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Page 1 of 3 BE IT FURTHER RESOLVED: 1. 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 City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Principal, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal herein named on the 19th day of May , 2015 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. PRINCIPAL: Pacific Point Development Partners, LLC By: Its: la �.oc- ► S w+br SURETY: Ironshore Indemnity Inc. By: Marga r A. Ginem , Attorney -in -Fact Surety Phone No. C/O WILLIS OF FLORIDA 4211 W. BOY SCOUT BLVD, #1000 TAMPA, FL 33607 Page 2 of 3 INQUIRIES- (613)261-2095 (NOTARIZATION AND SEAL) (NOTARIZATION AND SEAL) APPROVED AS TO FORM: NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 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 Californiap ) Count of On before me, Date () , r- c\ n Here Insert Name and Tr'tl the Officer personally appeared 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 of California that the foregoing paragraph W. CORDI is true and correct. Commission #E 2088325 z WITNESS my hand and official seal. ;M Notary Public - California a , z Orange County M Comm. Expires Oct 31, 2018 Signature Signature of Notary Public 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 of Document: Number of Pages: Signer(s) Document Date: Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Fl Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 ACKNOWLEDGEMENT BY SURETY STATE OF FLORIDA COUNTY OF HILLSBOROUGH I SS. On this 19th day of May, 2015 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 Ironshore Indemnity Inc., 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 Anett Cardinale +Yfs ANETTCARDINALE .r Commission # FF 138482 'Expires Juiy 28, 2018 s �R�;,,, 9u,ana trw tray �,�;,� rMunmaror� This area for Official Notarial Seal till 1050, aMchds'gectio'lig 11$9 am 119 Ojyj-QYde. U4 Seo.t1ga '8.10� ofthe' g ja no es, pqbjic;.'bV.lq�*.Phygici . I . format of dip. new disclosure - Tb -e -wucqiSI-#npxaMpIei for p W_9,5e�.of iltustrafiup. hot-ary, public of other 6066 604- Jttjnbf thjS- cerfibicate verifies -only the id6nfitybf the incliYOual wha -Signed the dpooerkto wh.iAtls .certificate. is attachccl, and not -the tnithUnessi of VANdify of that, 404*wl. 8t* of piliforiii ' a ' .0 linty of 01i _.befordune, hew -ibLsert name and title.of offlcerj,'pes onally A'ppmed proved tis .w,gOri the .b of��sfdqotye ��bed ta 4�ls - _vjdot6 to b4theperson(k) Whose narne(s) Is/arb $� Ih6 withirf. -Wrawnent, and acknowledged -to -me,'that: helsheIthey executed the same -An- Ms/her/their au,tbp.rj* zapaeky(ics).- 4d.fit. by �iis/horjdieir elpopri.-(a) on tfie' lnsftufnOM t r on(s). tfde ft pe s dr --Atity, uN. b'chlalf of whiph't6e: OeatbA(§),,Wed, ekiectited thEinstvMent f. oeit f 'Od6r C PENUT� -OF' RY �ficlpr the J�i*§ O.k tbi� Stale a, aloriilla that KRJU pamgrapli i's true and"correcf WITNESS i� yhW and,6ffieW seat, -S . i (Sea]). R OF ATTORNEY III- 21000025 Ironshore Indemnity Inc. KNOW ALL MEN BY THESE PRESENTS, that IRONSHORE INDEMNITY INC., a Minnesota Corporation, with its principal office in New York, NY does hereby constitute and appoint: David H. Carr, Anett Cardinale, Margaret A. Ginem its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of IRONSHORE INDEMNITY INC. on the 22nd day of April, 2013 as follows: Resolved, that the Director of the Company is hereby authorized to appoint and empower any representative of the company or other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $7,500,000 dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In -Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the Director and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, IRONSHORE INDEMNITY INC. has caused this instrument to be signed by its Director, and its Corporate Seal to be affixed this 7th day of August, 2013 IRONSHORE INDEMNITY INC. aFu } wain I . drys'•' r By: OanrerL. Suss n Director ACKNOWLEDGEMENT On this 7th Day of August, 2013, before me, personally came Daniel L. Sussman tome known, who being duly sworn, did depose and say that he is the Director of Ironshore Indemnity, Inc. , the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. ,�r�itrro l .x AMY �. TAYLOR jw' A Notary Public- State of Tennessee K..w Davidson County My Commission Expires 01-09-16 Amy L Tayf •�''ypt�,`'�• Notary Public CERTIFICATE I, the undersigned, Secretary of IRONSHORE INDEMNITY INC., a Minnesota Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at this 191h Day of May20 15 �ro�nag;^ - Lcr-nim. 19rW Paul S.GI dano Secretary "WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files and application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties." IRONSHORE INDEMNITY INC FINANCIAL STATEMENT SUMMARY As of December 31, 2014 ASSETS Bonds Preferred stacks Common stocks Mortgage loans on real estate. Orst kens Mortgage loans on real estaW Other than first liens Properties occupied by the company Properties held for the production of Income Properties held for We Cask cash equivalents and short-term investments Contract loans Derivatives Other invested assets Receivables for securities Securities leading reinvested collateral assets Aggregate write-ins fordnvested assets Subtotals. cash and Invested assets Title plants less $..,. Charged off Investment Income due and accrued Uncollected preFKUM3 and agents' batances in the course of collection Deferred premiums, agents' balances and Installments booked but deferred and not yet due Accrued retrospective prerniums Amounts recoverable from reinsurers Funds held by or deposited with reinsured companies Other amounts receivable under reinsurance contracts Amounts receivab:e relating to uninsured plans Current federal and foreign income tax recoverable and interest thereon Net deferred tax asset Guaranty funds receivable or on deposit Furniture and equipment, including health rare delivery assets Netadjustment In assets and liabilities due to foreign exchange rates Receivables from parent, subsidiaries and affiliates Health are and other amounts receivable Aggregate write-ins for other than Invested assets Total assets excluding Separate Accounts, Segregated Accounts and Protected Cat Accounts From Separate Accounts, Segregated Accounts and Protected Cell Accounts 0 Surplus Notes TOTALS $347,414,1111 Gross paid In and contributed surplus � �Ixl CERTIFICATE I certify that the above financial statements to the bestof my knowledge are a true and accurate reflection of the financial condition of the Company as of December 31, 21114, Additionally, I certify that the above financial statements are In agreement with the Statutory Financial Statements filed with the Texas Department of Insurance as of the same date. william J Gleason f:Ef3I-MalmRsorcr Unassigned funds {surplus, Suplus as regards policyholders TOTALS $63,SB2,066 a $10,384,957 $1,020,SOS $5,435,125 $2,383,909 $2,434,392 0 $29,158,576 $58,222,187 0 $1,545,075 $12,458,110 D 0 0 0 $4,185,929 $190,811,131 $190,811,131 0 $,000,000 0 $156,938,671 ($5,33S,190) $156,603,481 $347,414,611 SUBSCRIBED4ndsworn tomethis of 1%14 "'o Mycommnssanexptres: 7-'(0-/V Notary Public Palated Name ALYSSA TURKOVITZ Notary Public, state of New York ALYSSATURKOVFIZ _ m — No.01TU6044514 Qualified in Westchester County Corrimission Expires July 10, 2018 •'�k�l� bile Sate of New York � No.O1TU6044514 Ctualifled In Westchester County Commission Expires July 10, 2014 LIABILITIES $179,140,947 Lossa" 0 Reinsurance payable on paid losses and loss adjustment expenses 31,M,141 lass adjustment expenses 0 Commissions payable, contingent commissions and other similar charges 0 Other expenses(exctudingtaxes. licenses and fees) 0 Taxes, licenses and fees (exdudmg federal and foreign Income taxes) 0 Current federal and foreign income taxes 0 Net deferred tax liability $15,632,951 Unearned premiums D Advance premium 0 Ceded reinsurance premiums payable (net of ceding commissions( 0 Funds held by company under reinsurance trestles 0 Amounts withheld or retained by company for account of others 0 Remittances and items not allocated 0 Provision for reinsurance $226,614,039 Noadjustments inassets and kabilltlesdue toforeign exchange rates 0 Drafts outstanding $99060 Payable to parent subsidiaries and affiliates $73,567,547 Derivatives 0 Payable for securities 0 Payable for securities lending $33,586,257 Uabilltyfor amounts held under uninsured plans 0 Aggregate write -Ire; for liabilities 0 Total liabilities excluding protected cell flabi0ties 0 Protected cell liabilities 0 $5,530,837 Total liabilities 0 0 POUCYMDEWSSURPWS 0 Aggregate write -Ins for speclalsurplusfunds 0 0 Common capital stock $7,124x971 Preferred capital stock $347,414,611 Aggregate wrlwns for other than special surplus 0 Surplus Notes TOTALS $347,414,1111 Gross paid In and contributed surplus � �Ixl CERTIFICATE I certify that the above financial statements to the bestof my knowledge are a true and accurate reflection of the financial condition of the Company as of December 31, 21114, Additionally, I certify that the above financial statements are In agreement with the Statutory Financial Statements filed with the Texas Department of Insurance as of the same date. william J Gleason f:Ef3I-MalmRsorcr Unassigned funds {surplus, Suplus as regards policyholders TOTALS $63,SB2,066 a $10,384,957 $1,020,SOS $5,435,125 $2,383,909 $2,434,392 0 $29,158,576 $58,222,187 0 $1,545,075 $12,458,110 D 0 0 0 $4,185,929 $190,811,131 $190,811,131 0 $,000,000 0 $156,938,671 ($5,33S,190) $156,603,481 $347,414,611 SUBSCRIBED4ndsworn tomethis of 1%14 "'o Mycommnssanexptres: 7-'(0-/V Notary Public Palated Name ALYSSA TURKOVITZ Notary Public, state of New York ALYSSATURKOVFIZ _ m — No.01TU6044514 Qualified in Westchester County Corrimission Expires July 10, 2018 •'�k�l� bile Sate of New York � No.O1TU6044514 Ctualifled In Westchester County Commission Expires July 10, 2014 RELEASED � Date: Signature: SUBDIVISION LABOR AND MATERtAIrk L. [O)Zp a istrano, CA (GOVERNMENT CODE 66499.2) Bond No. SUR21000025 Replaces Bond No. SUR20000334 KNOW ALL MEN BY THESE PRESENTS, that Pacific Point Development Partners. LLC (hereafter designated as "Principal"), and Ironshore Indemnity Inc. as Surety (hereinafter called "Surety") agree to install and complete certain designated public improvements as conditioned by City Council Resolution No's. 92-6-16-4 and 03-09-16-06. WHEREAS, said Principal is required to furnish a bond pursuant to Municipal Code Section 9-5.101 and 9-5.109 et seq., for the faithful performance to guarantee certain work, more particularly described as follows: Landscape subdivision improvements within Tract 16749 as defined within Amendment #1 and Reinstatement of the Subdivision Improvement Aareement for Tract 16749 NOW, THEREFORE, we the Principal and Surety are held firmly bound unto the City of San Juan Capistrano, (hereafter called "Obligee") in the penal sum of Eighty Five Thousand Six Hundred Seventy Three Dollars and 00/100 Dollars ($85,673.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if the above bound Principal, his or its heirs, executors, administrators, successors or assigns, shal in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions per City Council Resolution No's. 92-6-16-04 and 03-09-16- 06, 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 true intent and meaning, and shall indemnify and save harmless the City, its offers, agents and employees as therein stipulated, and, as necessary enter into a Subdivision Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. Page 1 of 3 BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified therefore, 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. 2. Said Principal hereby stipulates and agrees that no change, extension of time, alteration, or modification of the terms of the agreement or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration or modification of the terms of the agreement or of the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal herein named on the 19th day of Mav , 2015 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. PRINCIPAL: Pacific Point Development Partners, LLC Its:3'',,*,Czc S1 i',� o'h SURETY: Ironshore Indemnity Inc. By: Margaret . Ginem , Attorney -in -Fact Surety Phone No. C/O WILLIS OF FLORIDA 4211 VV. BOY SCOUi'BLVD, #1000 Page 2 of 3 TAMPA, Iri. 33607 INQUIRIES: (813)281-2095 (NOTARIZATION AND SEAL) (NOTARIZATION AND SEAL) APPROVED AS TO FORM: By: NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 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 California ) County of ) On before me, P&b)l v , Data 'G- ' f ' n Here Insert Name an a of the Officer personally appeared - 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. W. CORDI Commission # 2088325 a Notary Public - California a Orange County MY Comm. Expires Oct 31, 2018 I 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 0-&& Signature of Notary Public 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 of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator rl Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 ACKNOWLEDGEMENT BY SURETY STATE OF FLORIDA COUNTY OF HILLSBOROUGH I SS On this 19th day of May, 2015 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 Ironshore Indemnity Inc., 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 Anett Cardinale ,. s: -16g, ANETT CARDINALS ;•; :: Commission # FF 138482 - Expires July 28, 2018 Bonded Thru Troy Fein Insurance 80 w&T01B This area for Official Notarial Seal 55 0 Se 13ill 1'0$'0- arhejlO Se0i iig 1-199 aO - 119 . of; OV4 C066 an4 section 9- f th- GOY4 Cb rel noi fon-nat,of -hew . disclosure del . ailpg. to An .die -apt;ice zs,an example, for pur A hbtarpublic of other of'fldef 6oihojOtingthfs, cer6ficate verifies oDlythe id.entity6f the ! uasided. igiled the doomeft.t to which. , qU. .certificate. is attached, and not -the lrdthfWness� *cion y' of VAelty Of thg-0601kToem- Age of California_ of Qu _ ..before me, h6w -ihsert name, and title doffl=5, personally appeared who' ptoye4 tO.Mq oti -the "b" ' is, ofsatisfidtory evidence to lie p4-thorsoji(g) Whosb fi*i(i) is/4ri!. Siigri6d to the, 'wiri ffi� thi�ent and acknowledged to me- that heAhelthey executed ihe, same- in bisffier/theit, 44 ­oTized'pacfty(i� 00 Jtqt by, .Nf-e'P i aNre(�) lnstrumpDt- f)i t4rson(s),. 0 the .itoty ijp.04 behalf of Aihich'tfiie Oefscji('s) acted, ekequied tb6'iastrurnent ifornix ee]rtik. . . t tk �MO Of Cal1th.0 thp PENkILT"t-6 -'#M U -Y '�ndier,Tbe AW9 p paragraph is true and',correct• WITNESS'4,y.hAndawi'd official seat: 'SigpAtupe (Sea]), U1- AI I UKIVtY III- 21000025 Ironshore Indemnity Inc. KNOW ALL MEN BY THESE PRESENTS, that IRONSHORE INDEMNITY INC., a Minnesota Corporation, with its principal office in New York, NY does hereby constitute and appoint: David H. Carr, Anett Cardinale, Margaret A. Ginem its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of IRONSHORE INDEMNITY INC. on the 22"d day of April, 2013 as follows: Resolved, that the Director of the Company is hereby authorized to appoint and empower any representative of the company or other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $7,500,000 dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In -Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the Director and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, IRONSHORE INDEMNITY INC. has caused this instrument to be signed by its Director, and its Corporate Seal to be affixed this 7th day of August, 2013 IRONSHORE INDEMNITY INC. ri. a�ReN 3F ir�i; [ SEAL r . 1919 By: Dd[Jtel L. SUSS n Director ACKNOWLEDGEMENT On this 7th Day of August, 2013, before me, personally came Daniel L. Sussman to me known, who being duly sworn, did depose and say that he is the Director of Ironshore Indemnity, Inc. , the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. Amy L Tayi Notary Public CERTIFICATE I, the undersigned, Secretary of IRONSHORE INDEMNITY INC., a Minnesota Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at this 19th Day of .May 20 15 SEAL 1919 Paul S. GI danp Secretary "WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files and application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties." Ahly t- TAYLOR _ 'W",PU!Abc. ftwd Taanax % OaVlds County My C&FWnk%5M EXORS 014D JB Amy L Tayi Notary Public CERTIFICATE I, the undersigned, Secretary of IRONSHORE INDEMNITY INC., a Minnesota Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at this 19th Day of .May 20 15 SEAL 1919 Paul S. GI danp Secretary "WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files and application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties." IRONSHORE ONDEMNrTY LNC FINANCIAL STATEMENT SUMMARY As of December 31, 2014 ASSETS Payable for securities lending LIABILITIES Bonds $179,140,947 — lasses Preferred stocks 0 Reinsurance payable on paid tosses and loss adjustment expenses Common stocks 31,840 141 loss adjustment expenses Mortgage loans on real estate. First Fens 0 CommisAons payable, contingent commissions and other similar charges Mortgage loans on real estate: Other then first llem 0 Other expemas (excluding taxes. gcansasand fees) Properties occupied by the company 0 Taxes, licenses and fees (excluding federal and foreign Income taxes) properties held for the production of Income 0 Current federal and foreign Income taxes Properties held for We 0 Net deferred tax liability Cash, cash equivalents and short-term investments $15,632,951 Unearned premiums Contract bans 0 Advance premium Derivatives 0 Ceded reinsurance premiums payable (net of ceding commissions) Other invested assets 0 Funds held by company under reinsurance treaties Receivables for securities 0 Amounts withheld or retained by Company for account of others Securities lending reinvested collateral assets 0 Remittances and items not allocated Aggregate write -Ins forinvested assets 0 ProNsion for reinsurance Subtotal& cash and invested assets $226,614,039 Net adjustments In assets and liabilities due to foreign exchange rates Title plants less $., Charged off 0 DraftsoutstandIng Investment Income due and accrued $990,960 Payable to parent, subsidiaries and affiliates Uncollected prenvums and agents' balances len the course of collection $73,567,547 Derivatives Deferred premiums, ager& balances and Installments booked but deferred and not 0 Payable for securities yetdue Accrued retrospective premiums Amounts recoverable from reinsurers Funds held by or deposited with reinsured companies Other amounts receivable under reinsurance contracts Amounts receivab:e relating to uninsured plans Current federal and foreign Income tax recoverable and Interest thereon Net deferred tax asset Guaranty funds receivable or on deposit Furniture and equipment, including health are delivery assets Net adjustment In assets and liabilities due to foreign exchange rates Receivables from parent, subsidiaries and affiliates Health care and other amounts receivable Aggregate wrtte-Ins for other than Invested assets Total assets excluding Separate Accounts, Segregated Aaountsand Protected Cat Accounts From Separate Accounts, Segregated Accounts and Protected Cell Accounts 0 Payable for securities lending $33,586,257 Liability for amounts held under uninsured plans 0 Aggregate write -Ins for liabilities 0 Total liabilities excluding protected cell liabilities 0 Protected cell liabilities 0 $5,530,837 Total liabilities 0 0 POUCYHOLDEI S SURPLUS 0 Aggregate write-ins for special surplus funds 0 0 Commonaotalstock $7,124,971 Preferred capital stock $347,414,611 Aggregate write as for other than special surplus 0 Surplus Notes TOTALS $147,414,611 Gross paid In and contributed surplus CERTIFICATE ! I certify that the above financial statements to the bestof my knowledge are a true and accurate reflection of the flnarKM condition of the Company as of December 33, 2014, Additionally, I certify that the above financial statements are In agreement with the Statutory Financial Statements filed with the Texas Department of Insurance as of the some date, $63,582,066 0 $10,384,957 $1,020,805 $5,435,126 $2,383,909 $2,434,392 0 $29,158,576 $58,222,187 0 $1,545,075 $1z,ass,llo 0 0 0 0 $4,185,928 $190,811,131 $190,811,131 0 5,000,000 0 $156,938,671 Untlulgned funds fsurplusj ($5,335,190) SuWus as regards policyholders $156,603,481 TOTALS $347,414,611 SUBSCRIBED and sworn to methts4" dAyof Myrwmmisstnexpires� Notary Public Wonted Name ALYSSA TURKOVITZ Notary Public, State of New York ALy55A7URKCVJT2 _ ._._ _ No. 01TU6044514 / Clue3Efled In Westchester County CorirI n fVint July 10, 2018 Notatj lift bllC, $tate of New York No.01TU6044514 wllllam J Gleason Quallfled In Westchester County 09. VP & TIV twri. Commission Expires July 10, 2014