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18-0109_COVE ESTATES, LLC_Bond Release Memo
32400 PASEO ADEL.ANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493.1171 (949) 493.1053 FAX www.sanjuancapistrano.org January 9, 2018 International Fidelity Insurance Company Attn: Natalie Flynn 2400 East Katella Avenue, Suite 250 Anaheim, CA 92806 Re: Release of Bonds — The Cove Estates LLC — Tract 16168 Dear Sir or Madam: MEMBERS OF THE CITY COUNCIL SERGIO FARIAS KERRY K. FERGUSON BRIAN L. MARYOTT PAM PATTERSON, ESQ. DEREK REEVE This letter is to inform you that the following bonds issued to The Cove Estates, LLC — Tract 16168 are officially released as of December 21, 2017: BOND NO. PURPOSE BOND AMOUNT 0611239 Landscape and Irrigation $ 31,335.50 0611240 On -Site Impv. Street, Water, Sewer & Storm Drain $ 113,188.00 The City of San Juan Capistrano hereby fully and forever releases and discharges the International Fidelity Insurance Company 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, L(__Py� Christy Jakl, CMC Assistant City Clerk Enclosures as noted cc: Steve May, Public Works and Utilities Director Joe Parco, City Engineer George Alvarez, Contract City Engineer Joe Mankawich, Associate Engineer San Juan Capistrano: Preserving the Past to Enhance the Future C) Printed on 100% recycled paper Executed in Triplicate Bond #0611240 RE LEAS D Premium: $2,264.00 Date: Signature: _ City Clerk J City of San Juan Capistrano, CFS SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.2) KNOW ALL MEN BY THESE PRESENTS, that THE COVE ESTATES, LLC, a California limited liability company (hereafter designated as "Principal'), agrees to install and complete certain designated public improvements as conditioned by City Council Resolution No. 05-08-16-03 WHEREAS, said Principal is required to furnish a bond for the faithful performance to guarantee certain work, more particularly described as follows: Tract No. 16186 On -Site Improvements for Street, Water. Sewer, Storm Drain and Monumentation NOW, THEREFORE, we, the Principal are held firmly bound unto the City of San Juan Capistrano, (hereafter called "Obligee") in the penal sum of One Hundred Thirteen Thousand One Hundred Eighty Eight and no/100 Dollars, ($ 113,188.00 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 improvements, and execute a subdivision agreement, then the obligation shall be null and void; otherwise it shall remain in full force and effect. 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, Page 1 of 2 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. Executed this 6th _ day of 2013 at Newport Beach APPROVEDA TO F M: By Hans Van Ligte , ' rney November California. PRINCIPAL THE COVE ESTATES, LLC, a California limited liability company By: Three G Development, LLC, a Nevada limited liability company Its Managing Member By�avid J. Gianulias Its M<�nacrer (NOTARIZATION AND SEAL) International Fidelity Insurance ance Company By: //`� Erik Johansson, Attorney -in -Fact Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 0 6 before me, V.M. Campbell, Notary Public D NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC' personally appeared Erik Johansson , who proved to me on the basis of satisfactory evidence to be the person(s) whose names (s) is/aFe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her authorized capacity(ies), and that by his/hef/theFF 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. V. M. CAMPBELL. Commission # 1910804 WITNESS m hand and official seal. Notary Public - California z y Orange County My Comm. Expires Nov 25. 2014(hx, �)�CLq r SIGNA E OF NOTARY 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 TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NOV 0 6 2013 OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) International Fidelity Insurance Company SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of „ Op*e76. On l�lu _ (t ) before me, ll K w_, tuo-rf-p-`% Rveae , Dale r� Here Insert Name and Title of the Olficer personally appeared _ U2.WV) p a 4S- Name(s) SName(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the perso�W whose name is subscribed to the within instrument and acknowledged t me thatee �-executed the same in 6enth elr- authorized capacity(, and that by hisl 94thei�r signature�j on the instrument the person, or the entity upon behalf of which the persohlA acted, executed the instrument. rA BO YUN MAGEE I certify under PENALTY OF PERJURY under the Commis:ions 2009675 Notary Public - Catflorniat laws of the State of California that the foregoing Oranp County paragraph is true and correct. My Comm. E a$ = 2017 WITNESS my hand and official seal. Signature: Place Notary Seal Above Signatur4ublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another 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): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top or thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 2010 National Notary Association • NationalNotary,org • 1 -800 -US NOTARY (1-800-876-6627) Item #5907 Executed in Triplicate Bond #0611240 RELEASED Premium included in Performance bond Date: vQAR if17 Signature: City Clerk City of San Juan Capistrano, CA SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE 66499.2) KNOW ALL MEN BY THESE PRESENTS, that THE COVE ESTATES, LLC a California Limited Li7bilityomtagny (hereafter designated as "Principal'), agrees to install and complete certain designated public improvements more particularly described as follows: Tract No. 16186 On -Site Improvements for Street, Water, Sewer, Storm Drain and Monumentation WHEREAS, said Principal is required to furnish a bond for the faithful performance of said improvements; NOW, THEREFORE, we, the Principal are held firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of One Hundred Thirteen Thousand One Hundred Eighty Eight and no/100 Dollars, ($_113,188.00 ) 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, shall 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. 05-08-16-03, 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 Page 1 of 3 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. 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, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal herein named on the 6th day of November 2013 , 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. Page 2 of 3 PRINCIPAL THE COVE ESTATES, LLC a California limited liability company By: Three G Development, LLC, a Nevada limited liability company Its Manaqn2 Mem_be By: Da ' G' ias, Its Manager (NORTARIZATION AND SEAL) APPROVED AS International Ft elity Insurance Company Hans Van Ligte Attorney By. Erik Johansson, Attorney -in -Fact NOTE: Please attach Acknowledgement and Power of Attorney Page 3of3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On NOV 0 6 2013 DATE before me, V.M. Campbell, Nota Public NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC' personally appeared Erik Johansson , who proved to me on the basis of satisfactory evidence to be the person(s) whose names (s) is/aFe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/"rrc„ihe F authorized capacity(ies), and that by his/her/them 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. Commission # 1910804 WITNESS my hand and official seal. Notary Public - California Orange County a My ComUM m. Expires Nov 25, 2014 w S1G A URE OF NOTARY 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 TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL _ NUMBER OF PAGES FX ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: NOV U 6 2013 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) International Fidelity Insurance Company SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of ' On OWWW before me, A` Q � Date Here Insert Na and Tille of the Officer personally appeared [ 1pepvtu Name(s) of Signer(s) go YUN #t�AEE Commitlaion #► 2�bT5 Notuy Putltk - CatM MIlill, Orange Coo* My Comm. Expires t#u I Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the personA whose name�46*.e_ subscribed to the within instrument and acknowledged tp me that &k q- executed the same in authorized capacity}, and that by h` lam— signature W on the instrument the person, or the entity upon behalf of which the person 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 hand and official seal. Signature: Signature Nulary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 2010 National Notary Association • NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Tel (071`) 624,7200 'POWER �I;R +QF ATTORNL INTERNATIONAL FIDELITY INSURANCE COMPANY ITOME OFFICE: ONE NEWARK CENTER, 20TI-I FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL AMEN TTY THESE PRESEN'T'S: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation•orgatiized and existing laws of the State of New Jersey, and having its principal office in die City of Newark. New Jersey• does hereby constitute and appoint CHRISTINA JOHNSON, ERIK JOHANSSON, LISA CLARK, KIM E. HEREDIA, VICTORIA M. CAMPBELL Los Angeles, CA. u% true and iawlul attorncy(s)-in-fact to exceute, seal and deliver for and on its Wulf as surety. any and all bonds and undertakings, contracts of htdetnnit% and hlh[ r wriii[igs nhhga[ory tit tie nature: thereof, which are or may be allowed, required or lternittted by law. stature, rulere ulation. contract or oiltenv[se. and the execution of such instrument(s) in pursuance of these presents.. shall be as binding upon the said INTERN,�TI NAI. FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if Elie same had ]well duly executed and acknowledged fay its regularly elected officers at its principal office.. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3 -Section 3, of the By Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1.974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority. (1) To a lx�int Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds acid undenCakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney-in-fact and revoke the authority given, Further, this Power of Attorney is.signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th clay of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Conhpan} niay be affixed to any such powur of atlonicy or any certificate relating thereto by facsimile. and.any such power of attorney or certificate hearing such fbestmtie signatures or facsimile tical shall Ix valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and hind ing upon the Company in the future with respect to any bond or undertaking to which it is attached. TY 1�+y, IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be �\ p� t// signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D..2007. p� ' INTERNATIONAL FIDELITY INSURANCE COMPANY SEAAQL `� 904 STATE NEW JERSEY County off Essex Secretary On this 16th day of October 2007, before me came the individual who executed die ])receding instrument, to me personally known, and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNA'T'IONAL FIDELITY INSURANCE COMPANY. that the seal affixed to said instrument is the Corporate Seat of said Company; that the said Corporate Seal and his signature were defy affixed by order of the Board of Directors of said Company. Fff111!' V„ti '�ye� IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, �, Q"' �c+•. at the City of Newark, New Jersey the day and year first above written. r0 pi A p .i+ •• It ',r te � �Lr •' C - �• '`f Q h1 A NOTARY PUBLIC OF NEW JERSEY R�!lFrfrrrr1iti11r CERTIFICATION My Commission Expires March. 27, 2014 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney. with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals; and that the said Power of Attorney has not been revoked and is.now in full force and effect t4O O U 6 2013 IV IN TESTIMONY WHEREOF. I have hereunto set my ]hand this day of AMstan[ Se rein s Al Executed in Triplicate Bond #0611240 RELEASED Premium: $2,264.00 Date: Signature: City Clerk City of San Juan Capistrano, SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.2) KNOW ALL MEN BY THESE PRESENTS, that THE COVE ESTATES, LLC, a California limited liability company (hereafter designated as "Principal'), agrees to install and complete certain designated public improvements as conditioned by City Council Resolution No. 05-08-16-03 WHEREAS, said Principal is required to furnish a bond for the faithful performance to guarantee certain work, more particularly described as follows: Tract No. 16186 On -Site Improvements for Street, Water, Sewer, Storm Drain and Monumentation NOW, THEREFORE, we, the Principal are held firmly bound unto the City of San Juan Capistrano, (hereafter called "Obligee") in the penal sum of One Hundred Thirteen Thousand One Hundred Eighty Eight and no/100 Dollars, ($ 113,188.00 ) 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 improvements, and execute a subdivision agreement, then the obligation shall be null and void; otherwise it shall remain in full force and effect. 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, Page 1 of 2 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. Executed this 6th 2013 , at Newport Beach day of November , California. PRINCIPAL THE COVE ESTATES, LLC, a California limited liability company By: Three G Development, LLC, a Nevada limited liability company Its Managing Member By: _ David J. Gianuiias, Jts Manager (NOTARIZATION AND SEAL) APPROVED A§ TO F IM: International Fidelity lens nce Company By By: Hans Van Ligte , orney Erik Johansson, Attorney -in -Fact Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On NOV 0 6 2013 before me, V.M. Campbell, Notary Public , DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC' personally appeared Erik Johansson , who proved to me on the basis of satisfactory evidence to be the person(s) whose names (s) is/are subscribed to the within instrument and acknowledged to me that he/6,4e/they executed the same in his/her1th& authorized capacity(ies), and that by his/her/thef 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. �.t V M. CAMPBELL ' r Commission # 1910804 Q : Notary Public WITNESS my hand and official seal. ZCalifornia z Orange County r PIly Comm. Expires Nov 25, 2014 SIGNAT ft5F NOTARY 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 TITLE OR TYPE OF DOCUMENT TITLE(S) El PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR 0 6 2013 ❑ OTHER: NOVI�Il7 v DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) International Fidelity Insurance Company SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California ,,�� ,,�� •• ���� County of 0f�'l� On �DVLHW Wbefore me, _ Date / Here Insert Name anti Title of the Officer personally appearedvi who proved to me on the basis of satisfactory evidence to be the persono whose name,,(,)&are-- subscribed to the within instrument and acknowledged to me that h's}3aA#w executed the same in i authorized capacity(WsT, and that by r signature) on the instrument the person, or the entity upon behalf of which the personM acted„ executed the instrument. 112��BO,YUNf4lRGI certify under PENALTY OF PERJURY under the mision 2Q0967 i laws of the State of California that the foregoing Noay Public CalNornla paragraph is true and correct. orange Cowry M Comm. Ex Ires trWw S. 2017 WITNESS my hand and official seal. Signature: Place Notary Seal Above OPTIONAL Signature al 11laiy Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: __. Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name. ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing © 2010 National Notary Association • NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Executed in Triplicate RELEASE r Bond #0611240 Date: 1 Premium included in Performance bond Signature:� City Clerk City of San 3uan 'aplstrano�, CA SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE 66499.2) KNOW ALL MEN BY THESE PRESENTS, that THE COVE ESTATES, LLC a California Limited Liability Company ___. (hereafter designated as "Principal'), agrees to install and complete certain designated public improvements more particularly described as follows: Tract No. 16186 On -Site Improvements for Street, Water, Sewer, Storm Drain and Monumentation WHEREAS, said Principal is required to furnish a bond for the faithful performance of said improvements; NOW, THEREFORE, we, the Principal are held firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of One Hundred Thirteen Thousand One Hundred Eighty Eight and no/100 Dollars, ($ 113,188.00 ) 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, shall 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. 05-08-16-03, 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 Page 1 of 3 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. 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, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal herein named on the __ 6th day of November 2013 , 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. Page 2 of 3 PRINCIPAL THE COVE ESTATES, LLC a California limited liability company By: Three G Development, LLC, a Nevada limited liability company Its Man IMember David . 3anulias, Its Manager (NORTARIZATION AND SEAL) APPROVED AS International Fidelity Insurance Company Hans Van Ligt Attorne By'=� Erik Johansson, Attorney -in -Fact NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On NOV 0 6 202 DATE before me, V.M. Campbell, Notary Public NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC' personally appeared Erik Johansson , who proved to me on the basis of satisfactory evidence to be the person(s) whose names (s) is/are subscribed to the within instrument and acknowledged to me that he/sloe/" executed the same in his/#e4their authorized capacity(ies), and that by his/leer/thef 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. V. M. CAMPBELL !? ' Commission # 1910804 WITNESS my hand and official seal. Notary Public - California Z Orange County My Comm. Expires Nov 25, 2014 SIGNA E OF NOTARY 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 TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR .6 0 2013 NOVi� V LU F1 OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) International Fidelity Insurance Company SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1169 State of California County of On / 10YCA?0�P- 2VO before me, D �� �-z I�U� oi1,Cc , Dale Here laserl Name and lift of the Officer personally appearedV who proved to me on the basis of satisfactory evidence to be the personko whose name is - subscribed to th within instrument and acknowledged to me that Ighe4hw- executed the same in Os r authorized capacityfies'), and that by signature,(f ort the instrument the persono), or the entity upon behalf of which the persono acted, executed the instrument. Bo YuN MAGEE I certify under PENALTY OF PERJURY under the Commis:Ion • �' laws of the State of California that the foregoing Notary Publb - ClIM0111is paragraph is true and correct. Orainp Cou" Comm. Es< Ires AiRsr WITNESS my hand and official seal. Signature: Place Notary Seal Above OPTIONAL '\t Signatures of glary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: . Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: _ Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 2010 National Notary Association • NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Tet -{973) o24-72131] ] A O WER OF ATTORNL INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFI ICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint . .. _ CHRISTINA JOHNSON, ERIK JOHANSSON, LISA CLARK, KIM E. HEREDIA, VICTORIA M. CAMPBELL Los Angeles, CA. its true and lawful atturney(s)-in-fact to execute, seal and deliver for and on Its behalf as surety, any and all bonels and uttdertnkittgs. contracts of indeninity and other writings obligatory min the nature thereof. which are or may be allowed, re -yoked or permitted by law, stature, rule, re latwn. contract or otherwise. and the execution of such strument(s) in pursuance of these presents, shall be: as binding upon die: said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents acid purposes, as if the satire had been duly executed and acknowledged by its regularly e:leeted officers at its principal office.. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3 -Section 3, of the By Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSLRANOE COMPANY at a meeting called and held on the 7th day of February, 1p974 The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) "ho appoint Attorneys -hr -fact; .and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings. contracts of indemnity and Tither writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney-in-fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th clay of April, 1982 of which the following is a True excerpt: Now therefore the signatures of such officers and die seal of the Company may be affixed to any such power of attomcy or any certificate relating thereto by facsimile. and .any such power of attorney or certificate bearing such facsimile signatures or facsimile scat shall be valid and binding upon the Company and any suck power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Ctuatpan) in the future with respect to any frond or undertaking to which it is attached, IN TESTIMONY WHEREOF; INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be p� G signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007. I - QIP QRq� 9 INTERNATIONAL FIDELITY INSURANCE COMPANY SEAL 1904 h 1 ATE OF NEW JERSEY ?' {�'` Count) of -ssex JERK► Secretary On this loth day of October 2007, before me carte the individual who executed theppreceding instrument, to fine personallyy known, and. being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY. that the seal aflixed to said instrument is the Corporate Seat of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. 1rr j%%%Nlr.rlf++++e Vrq�� r,`+. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. C7ir No ' 0 My CommissionOY PUBLIC O NEW March, ERRE 4 �1� 4 CERTIFICATION 1, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of`Agorniey has not been revoked and is now in full force and effect A 201 NOV 06 IN TESTIMONY WHEREOF, I have hereunto set my hand this day of Assistant Secretary Executed in Triplicate Bond #0611240 R LEA E Premium: $2,264.00 Date: l 3 L Signature: City Clerk City of San Juan Capistrano, CA SUBDIVISION FAITHFUL' PERFORMANCE BOND (GOVERNMENT CODE 66499.2) KNOW ALL MEN BY THESE PRESENTS, that THE COVE ESTATES, LLC, a California limited liability company (hereafter designated as "Principal'), agrees to install and complete certain designated public improvements as conditioned by City Council Resolution No. 05-08-16-03 WHEREAS, said Principal is required to furnish a bond for the faithful performance to guarantee certain work, more particularly described as follows: Tract No. 16186 On -Site Improvements for Street, Water, Sewer, Storm Drain and Monumentation NOW, THEREFORE, we, the Principal are held firmly bound unto the City of San Juan Capistrano, (hereafter called "Obligee") in the penal sum of One Hundred Thirteen Thousand One Hundred Eighty Eight and no/100 Dollars, ($_ 113,188.00 �) 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 improvements, and execute a subdivision agreement, then the obligation shall be null and void; otherwise it shall remain in full force and effect. 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, Page 1 of 2 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. Executed this 6th 2013 , at Newport Beach day of November California. PRINCIPAL THE COVE ESTATES, LLC, a California limited liability company By: Three G Development, LLC, a Nevada limited liability company Its Managing Member By: - Davo ianulias, Ifs Manager (NOTARIZATION AND SEAL) APPROVED A$ TO F M: International Fideli ins ance Company By By: (GL Hans Van Ligte , orney Erik Johansson, Attorney -in -Fact Page 2of2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange NOV 012013 On before me, V.M. Campbell, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC' personally appeared Erik Johansson , who proved to me on the basis of satisfactory evidence to be the person(s) whose names (s) is/a-re subscribed to the within instrument and acknowledged to me that he/&he/they executed the same in his/"e4th& authorized capacity(ies), and that by his/her/the# 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. V. M. CAMPBELL Commission # 1910804 WITNESS my hand and official seal, Z, I ;." Notary Public - California z f,. '.'r...0 1 i D �V»r/ Orange County `-''' My Comm. Fwires Nov 25, 2014 SIGNA RE OF NOTARY 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 TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NOV 66 2013 ❑ OTHER: _ DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) International Fidelity Insurance Company SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of On Aamow �}.�LL5 before me, '1 UO JAMW I PJT PV -DIC , Date liere Insert Name and Tie of the Officer personally appeared BO YUN MAGEE Commission * 2008675 Notary Public - C:I0011Ie orange Comw M Comm. Expires Mar 5 2017 U who proved to me on the basis of satisfactory evidence to be the person(,a)' whose name �)�is�Ja subscribed to the within instrument and acknowledged to me that &E e#Frc+q Oxecuted the same in (Wi emmir authorized capacity( -5]; and that by /her/MWF signaturejIW on the instrument the personl,8'), 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 hand and official seal. Signature: Place Notary Seal AboveOPTIONAL Signature of ly Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 2010 National Notary Association - National Notary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Executed in Triplicate RELEA EIS Bond #0611240 Date: - -- Premium included in Performance bond Signature: - City Clerk City of San Juan Capistrano; CA SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE 66499.2) KNOW ALL MEN BY THESE PRESENTS, that JHE COVE ESTATES, LLC a California Limited Liability Company (hereafter designated as "Principal'), agrees to install and complete certain designated public improvements more particularly described as follows: Tract No. 16186 On -Site Improvements for Street, Water, Sewer, Storm Drain and Monumentation WHEREAS, said Principal is required to furnish a bond for the faithful performance of said improvements; NOW, THEREFORE, we, the Principal are held firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of One Hundred Thirteen Thousand One Hundred Eighty Eight and no/100 Dollars, ($ 113.188.00 ) 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, shall 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. 05-08-16-03, 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 Page 1 of 3 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. 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, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal herein named on the 6th . day of _November 2013 , 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. Page 2 of 3 PRINCIPAL THE COVE ESTATES, LLC a California limited liability company By: Three G Development, LLC, a Nevada limited liability company Its Managing Membe By. Davi . ian as, Its Manager (NORTARIZATION AND SEAL) APPROVED AS TO FORM: International FidelityInsurance ompany Hans Van L'rgt Attorne By: Erik Johansson, Attorney -in -Fact NOTE: Please attach Acknowledgement and Power of Attorney Page 3of3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange NOV 0 6 2013 On before me, V.M. Campbell, Notary Public , DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared Erik Johansson , who proved to me on the basis of satisfactory evidence to be the person(s) whose names (s) is/afe subscribed to the within instrument and acknowledged to me that he/sloe/they executed the same in his/"moi r 4the# authorized capacity(ies), and that by his/heF/the+r 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. V. M. CAMPBELL Commission # 1910804 WITNESS my hand and official seal. a Z `� =' Notary Public -California z " Y.- Z Orange County D_ hely Comm. l=xpires Nov 25, 2014 S GNAT R OF NOTARY 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 TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NOV 04 2013 ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) International Fidelity Insurance Company SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of CIVIL CODE § 1189 On 1�Wgw_ 4940beforeme, �� `�GI !"li_� !JU 1y L� Dale Here Insert Name and Title 61 Um Of or personally appeared T�W! D C� I PdO 14U AS Name(s) of Signer(s) BG YUN MA Z-E Commission • 2009875 Notary Public - C&IMU le Orange Cou" Comm. E as u i I who proved to me on the basis of satisfactory evidence to be the person,) whose name ss subscribed to the within instrument and acknow edged t me that he/she/they executed the same in his 'r authorized capacityiie!5), and that by i signature on the instrument the personfo), or the entity upon behalf of which the personkleJ 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 hand and official seal. Signature: _' Place Notary Seal Above Signature of ry Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing © 2010 National Notary Association - NationalNotary.org - 1 -800 -US NOTARY (1-800.876-6827) Item #5907 TV[ (973} 624.7-20 0 POWER OF AT TOnN I .F INTERNATIONAL FIDELITY INSURANCE COMPANY HOME 01'710E: ONE NEWARK CENTER. 20TII FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALI, MEN BY THESE PRESENTS- That INTERNATIONAL FIDELI'[ Y INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark. New Jersey, does herehy constitute and appoint - --.... CHRISTINA JOHNSON, ERIK JOHANSSON, LISA CLARK, KIM E. HEREDIA, VICTORIA M. CAMPBELL Los Angeles, CA. true and lawlitl incornev(s}-un-fact ar execute, sea] and deliver For . . its ' rand earn its Ixhalf as any and all bonds and undertakings, contracts of indemnity and other writings obftgature in the nature thereof. which are or may be allowed, required or permitted b law, stature, rule. regguulation, contract or otherwise, and the execution of such instrument(s) m pursuance of these presents. shall be as binding upon the said iNTERNATIUNAL FIDELITY INSIIRANC)! COMPANY, as fully and amply, to all frttents and purposes, as if the sante had been duly. executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and tnay be revoked, pursuant to and by authority of Article 3 -Section 3, of the fay Lawns adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day cif February, 1p974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize theta to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (21 To remove, at any time. any such attorney-in-fact and revoke the authority given Further, this Power of Attorney is signed and sealcd by f'acsimite pursuant to resolution of the Board of Directors of said Company adopted at a niceting duly call"I and hetd on the 29th clay of April. 1982 of'which the following is a lnie excerpt: Now therefore [he signatures of such officers and the seal of the Company may be affixed to any suchpower of attorney or any certificate relating iherei n by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and hindin upon the Company and any such power so executed and certified by' facsimile signatures and facsimile real shall be valid arse] binding upon the: Company in ttfic future with respect to any bond or undertaking to which it is attached. /,tk IT ��I�. iN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be " ppt signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007. INTERNATIONAL FIDELITY INSURANCE COMPANY SEAL F � 91 C_:) STATE OF NEW JERSEY �� ^ �County of Essex - S3'�}�'�f Secretary On this 16th dam• of October 2007, before the came the individtlal who executed the irecedlamg instntment, to me pcersonallyy known, and, being by me duly sworn, said the hers the therein described and authorized officer of the INTERNATIONAL FlDEI.ITY INSUMRA tE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company, that the said Corporate Seal arul Itis signature were duly affixed by order of the Board of Directors of said Company. ••ww w wwlsHose"j6+,�r. ••.••H�( ttll�,� `G IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, ..' X&'+, at the City of Newark, New Jersey the day and year first above written. cj� OTA Ale,— �; dye`• .19����� :'•' s •4 p+_NE`N �ttty�� A NOTARY PUBLIC OF NEW JERSEY '"80f10.11.Iwwwt CERTIFICATION My Commission Expires March. 27, 2014 1, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this day of NOV V 6 2013 Ass;starl[ R:Creta P'1' Executed in Triplicate RELEAS n Bund #0611239 U Premium: $627.00 Date. ` Signature: City Clerk City of San Juan Capistrano, CA SUBDIVISION FAITHFUL. PERFORMANCE BOND (GOVERNMENT CODE 66499.2) KNOW ALL MEN BY THESE PRESENTS, that THE COVE ESTATES, LLC a California Limited Liability Company (hereafter designated as "Principal'), agrees to install and complete certain designated public improvements as conditioned by City Council Resolution No. WHEREAS, said Principal is required to furnish a bond for the faithful performance to guarantee certain work, more particularly described as follows: Tract No. 16186 Landscape and Irrigation NOW, THEREFORE, we, the Principal are held firmly bound unto the City of San Juan Capistrano, (hereafter called "Obligee") in the penal sum of Thirty One Thousand Three Hundred Thirty -Five and 50/100 Dollars, ($ 31,335.50� _ ) 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 improvements, and execute a subdivision agreement, then the obligation shall be null and void; otherwise it shall remain in full force and effect. 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, Page 1 of 2 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. Executed this 6th day of November 2013 , at Newport Beach , California. PRINCIPAL THE COVE ESTATES, LLC, a California limited liability company By: Three G Development, LLC, a Nevada limited liability company Its Managing Memb r By: s ---0-avidTGianulias, Its Manager (NOTARIZATION AND SEAL) APPROVEDA TO F .. M: International Fidelity I sur ce Company ryl By: BY Erik Johansson, Attorney -in -Fact Hans Van Ligte , ttorney Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On NOV 04 2013 before me, V.M. Campbell, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC' personally appeared Erik Johansson , who proved to me on the basis of satisfactory evidence to be the person(s) whose names (s) is/aye subscribed to the within instrument and acknowledged to me that he/she/grey executed the same in his/he#th& authorized capacity(ies), and that by his/heF/the# 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. .4 V. M. CAMPBELL Commission # 1910804 Notary Public - California WITNESS my hand and official seal. Orange County D My Comm. Expires Nov 25, 2014 SI ATURE OTARY 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 TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES Z ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NOV 012013 ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) International Fidelity Insurance Company SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of CIVIL CODE § 1189 On 0�0'�%- ,r "before me, 1 f"� 'i tc ` ► C, Dates Here Nett Mame a�nd.� tte of the Olfbar personally appeared ���� L4LlA5 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the perso5o whose name is1 subscribed to t within instrument and acknowledged to me that executed the same in i @Ak& authorized capacity(j4, and that by is Heir- signature(4 on the instrument the person(, or the entity upon behalf of which the person(r9) acted, executed the instrument. Bo YUN MAGES I certify under PENALTY OF PERJURY' under the Commission # 2009675 laws of the State of California that the foregoing ``ter Notary Public - California Orange Cowlq paragraph is true and correct. My Comm. Expires UK ;42017 i WITNESS my hand and official seal. IJSignature: Place Notary Seal Above OPTIONAL Signature of No ry Public - Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:. Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing © 2010 National Notary Association • NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Executed in Triplicate Bond #0611239 RELEASED Premium included in Performance bond Date: Signature; City Clerk City of San Juan Capistrano, CA SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE 66499.2) KNOW ALL MEN BY THESE PRESENTS, that THE COVE ESTATES LLC, a California limited liability company (hereafter designated as "Principal"), agrees to install and complete certain designated public improvements more particularly described as follows: Tract No. 16186 Landscape and Irrigation WHEREAS, said Principal is required to furnish a bond for the faithful performance of said improvements; NOW, THEREFORE, we, the Principal are held firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of Thirty One Thousand Three Hundred Thirty Five and 50/100 Dollars, ($ 31,335.50 ) 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, shall 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. 05-08-16-03, 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 Page 1 of 3 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. 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, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal herein named on the 6th day of November 2013 , 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. Page 2 of 3 PRINCIPAL THE COVE ESTATES, LLC, a California limited liability company By: Three G Development, LLC a Nevada limited liability company Its Managing -"M7—> M7—> By: - (NORTAR i �c l._G� rarer° beA j3,ager APPROVED AS Hans Van Ugte4ZAMkAttornqy International Fideiity Insura . ce Company By: Erik Johansson, Attorney -in -Fact NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On NOV 0`6 209 before me, V.M. Campbell, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC' personally appeared Erik Johansson , who proved to me on the basis of satisfactory evidence to be the person(s) whose names (s) is/a-re subscribed to the within instrument and acknowledged to me that he/she/" executed the same in his/hegl#& authorized capacity(ies), and that by his/#ef/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. V M. CAMPBELL Commission # 19'0B04 WITNESS my hand and official seal. I ::. M z z�: _.. / Notary Public -California Z Z .'+"r Orange County D hires Nov 25. 2014 (A SIGNAT O OTARY 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 TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 0 ATTORNEY-IN-FACT ❑ TRUSTEE(S) 71 GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) International Fidelity Insurance Company DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES NOV 0�6 209 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of 6 gwaC Can , pyemoe o, �) J before me,E� u �' "b C Ll /- ,�'� _ o1.1C , Date —r Here Insert Name andITOof the Officer personally appeared C 1 Nu u� s Name(s) of Signer(s) B0 YUN INAGEIE: commialona09iir3 Notary Public - Cailtorlris Oran" County Comm, Ex IIAuLID- - - - - - - - - - - - - t Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the persono whose named e -- subscribed to the within instrument and acknowledged to me that 654�� executed the same in e)r authorized capacity), and that by I �signature�a) on the instrument the person, or the entity upon behalf of which the persow 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 hand and official seal. Signature: 14 --- Signature of Nota Pu!)lir. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: — Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner —[]Limited ❑General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 2010 National Notary Association - NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 I el (973) 624,7201) A"OWER OF ATTORNIL INtrERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER. 20TI-I FLOOR NEWARK., NEW JERSEY 07.102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNA`T'IONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint CHRISTINA JOHNSON, ERIK JOHANSSON, LISA CLARK, KI1VI E. HEREDIA, VICTORIA M. CAMPBELL Los Angeles, CA. its ince and lawful attorney(s) intact to execute, seat and deliver lot acid on Its behalf as surety, tiny and all bonds and undertakings. contracts of indemnity and atlier writings obligatory m tlnc satire thereof, mvlticli are or may He allowed, required or periniucd by law, stature rule re ulati�on, contract or odietwise and tine execution of such instrument(s) In pursuance of these presents: shall be as binding upon the said INTtRN�'i`I NAL FIDELITY INSURAfVCE COMPANY, as fully acid amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may he revoked. pursuant to and by authority of Article 3 -Section 3, of the By -Lbws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings,, conlracis of indemnity and other writingsobligatory in the nature thereof and, (2) To remove, at any time, any such attorney-in-fact and revoke the authority given. Further, itiFs Power of Attorney is signed and sealed byfacsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, .19$2 of which the following is a true excerpt: Now therefore the signatures aI'such officers and die seal of the Company may he affixed to any such power of attorney Or any certificate relating tliereto by facsimile, and any such power of attorney or certificate bearing such lacsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid. rind 'binding upon tine Company in the future with respect to any bond or undertaking to which it is attached oe ITY riNs. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007 INTERNATIONAL FIDELITY INSURANCE COMPANY SEAL `" 3 1904 STATE OI= NEW JERSEY Adq County of Essex �y Jas Secretary On. this 16th day of October 2007, before me came the individual who executed the preceding instrument, to nae pc*rsonally known, and, being by me duly sworn, said the he is the; [herein described'and authorized officer of the IN'T'ERNATIONAL FIDELITY INSURANCE COMPANY, that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board or Directors of said Company. ytyylltti,ue"',If" `��� V %,ti IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, % Q(6T A� '. at the City of Newark, New Jersey the day and year first above written. Cj va OF NO .+` A NOTARY PUBLIC OF NEW JERSEY 4$# ... tk0% CERTIFICATION My CQminiaSiOh Expires March. 27, 2014 1, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney. with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect NOV 0 6 2013 IN TESTIMONY WHEREOF. I` have hereunto set my hand this day of Assistant Secretary Bond #0611239 Executed in Triplicate Premium: $627.00 RE LEAS D Date: �� r - Signature: City Clerk City of San 3u `Capistrano, A SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.2) KNOW ALL MEN BY THESE PRESENTS, that THE COVE ESTATES, LLC a California Limited Liability company _ . _ (hereafter designated as "Principal'), agrees to install and complete certain designated public improvements as conditioned by City Council Resolution No. WHEREAS, said Principal is required to furnish a bond for the faithful performance to guarantee certain work, more particularly described as follows: Tract No. 16186 Landscape and Irrigation NOW, THEREFORE, we, the Principal are held firmly bound unto the City of San Juan Capistrano, (hereafter called "Obligee") in the penal sum of Thirty One Thousand Three Hundred Thirty -Five and 50/100 Dollars, ($31,335.50 � 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 improvements, and execute a subdivision agreement, then the obligation shall be null and void; otherwise it shall remain in full force and effect. 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, Page 1 of 2 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. Executed this 6th 2013 , at Newport Beach day of November California. PRINCIPAL THE COVE ESTATES, LLC, a California limited liability company By: Three G Development, LLC, a Nevada limited liability company Its Managing Member By: David J. i anulias, Its anageF-- (NOTARIZATION AND SEAL) APPROVED A§ TO 1= M; International Fidelity In fance Company By: By Erik Johansson, Attorney -in -Fact Hans Van Ligte , rney Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Ora NOV 0 6 2013 On before me, V.M. Campbell, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared Erik Johansson , who proved to me on the basis of satisfactory evidence to be the person(s) whose names (s) is/afe subscribed to the within instrument and acknowledged to me that he/sloe/they executed the same in his/berme# authorized capacity(ies), and that by his/#er/theFF 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. V. M. CAMPBELL Commission # 1910804 Nolar Y Public - California z Z t. Z Z .,. , Orange County My Comm. Expires Nov 25, 2014 WITNESS my d and nffirial seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent CAPACITY CLAIMED BY SIGNER ❑INDIVIDUAL ❑CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL Z ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) International Fidelity Insurance Company reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES NOV 66 2013 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of 1 On 1JUVIbm I5 before me, i Date Here InWd Name and 4W of the Officer personally appeared A'V1� �� AOL404S Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(,' whose nama~(is,?are subscribed to the within instrument and acknowledged me that RS executed the same in 9= aulborized capacity(iaej; and that by signatureW on the instrument the person(sl, or the entity upon behalf of which the person(p) acted, executed the instrument. + BO Y11H AbAfiEE I certify under PENALTY OF PERJURY under the Commisllia► laws of the State of California that the foregoing LQ Notary PddWic - CWorrAa paragraph is true and correct. Oran" C" Comm.E = 471WITNESS my hand and official seal. Signature: Place Notary Seal Above Signature of TNtaq Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: __..._ �_ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 2010 National Notary Association • NationalNotary-org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Executed in Triplicate Bond #0611239 RELEASE Premium included in Performance bond Date: ` 1 Signature: City Clerk City of San ] apistrano, SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE 66499.2) KNOW ALL MEN BY THESE PRESENTS, that THE COVE ESTATES, LLC, a California limited liability company. (hereafter designated as "Principal"), agrees to install and complete certain designated public improvements more particularly described as follows: Tract No 16186 Landscape and Irrigation_ WHEREAS, said Principal is required to furnish a bond for the faithful performance of said improvements; NOW, THEREFORE, we, the Principal are held firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of Thirty One Thousand Three Hundred Thirty Five and 50/100 Dollars, ($ 31,335.50 _ ) 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, shall 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. 05-08-16-03, 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 Page 1 of 3 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. 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, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal herein named on the _ 6th — day of __ _ Novem_ Baer_- , 2013 , 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. Page 2 of 3 APPROVED AS TO FORM: f.3 PRINCIPAL THE COVE ESTATES, LLC, a California limited liability company By: Three G Development, LLC a Nevada limited liability company Its Managing Member (NORTARI�GiaAL�nager Hans Van Ligte4rAttorney International Fidelity In ance Company By: Erik Johansson, Attorney -in -Fact NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange N 0 V 0A 2013 On DATE before me, V M. Campbell, Notate Public NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared Erik Johansson , who proved to me on the basis of satisfactory evidence to be the person(s) whose names (s) is/a-re subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/"er�cFAheir authorized capacity(ies), and that by his/her/th& 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. V. M. CAMPBELL II Commission # 1910804 WITNESS my hand and official seal. At•.y Notary Public - California D Orange County M/ Comm i q fres Nov 25, 2014 7'UR O 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 TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL —. NUMBER OF PAGES Z ATTORNEY-IN-FACT TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NOV 0 6 2013 ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) International Fidelity Insurance Company SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California CIVIL CODE § 1189 County of [ 'i On t l f4'tbefore me, <IU- "{•lite � O a j fJk y py au C , Dale Here Insert Name and Title of I" OFticar personally appeared L -f p -_S Name(s) who proved to me on the basis of satisfactory evidence to be the person whose name(K(Is subscribed to the a within instrument and acknowledged to me that Cy' executed the same in his authorized capacity�i , and that by i signatureo) on the instrument the person(s), or the entity upon behalf of which the person(,sy acted, executed the instrument. I certify under PENALTY OF PERJURY under the LEM BO YUN MAOEE laws of the State of California that the foregoing Comftssion rP 2009675 paragraph is true and correct. Notuy Public - Caflfw it Oran" Coumy r M Comm. €x rss Mnr3, 2017 WITNESS my hand and official seal. Signature: Place Notary Seal Above Signature of Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: _... __._ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 2010 National Notary Association • NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 J;et'(973) 624-7200 '1^^��F��++ 1 ,,��^^��, ��}}tt����rr V Y V L� � � A TTIJ I�l y L INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONENEWARK CENTER. 20TIJ FLOOR NEWARK„ NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a enrporauon organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, Neva Jersey, does hereby constitute and appoint CHRISTINA JOHNSON, ERIK JOHANSSON, LISA CLARK, KIM E. HEREDIA, VI.CTOR.IA M. CAMPBELL Los Angeles; CA. its true and lawful anorncy(s)-in-Fact to execute. seal and deliver for and on its behalf as surety, any and all bonds and undertakings. contracts of indemnity and other writings obligatory to the nature thereof, which are or may be iflowed, retluired t liornutted b law. stature, table regulation, contract or utherwise. and the execution of such instrument(s) lit pursuance of these presents, shall bse as htudmg upon the saitb INTERNATIONAL iTI£]NAL FIDELITY INSURANCECOMPANY. as fully and amply, to all intents and purposes, as of the sante had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attornev is executed, and may lie. revoked, pursuant to and by authority of Article 3 -Section 3, of the By -Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSMANCE. COMPANY at a meeting called and held on the 7th day of rcbruary, 11 The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys- in-fact,.and to, authorize: them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney-in-fact and revoke the authority given. Further, this Power of Attorney is signed.and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the Billowing is a true excerpt: Now therefore tate signatures of such officers and the seal of the Company may be affixed to any such lower of attorney or any certificate relating thereto by facsimile, anal any such power of attorney or certificate bearing such facsitnile signatures or facsimile seal shall be valid and binding upon die Company and any such power xo.exceuted and certified by facsimile signatures and facsimile seal shall be valid and bunting upon the Company in the future with respect tel any bond +r undertaking to which it is attached. On this ifidt dao of October 2007, before me came the individual who executed thereceding histnameut, to nit: personally known, ,tud. being by ate duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELI'T'Y INSURANCE COMPANY; that die seal affixed to said instrument is tiie Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Dirccirns iii said Company. ,`4y�iy,e �mrr rrry �l"�" IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, M1,y" Q "'• . •. at the City of Newark, New Jersey the day and year first above written. cP.ti 'A( f�1� 4FNeN,•`A NOTARY PUBLIC OF NEW JERSEY rnw«���' CERTIFICATION My Commission Expires March. 27, 2014 1, die undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attornev has not been revoked and is now in full force and effect q NOV 0 s 201 IN TESTIMONY WHEREOF, I bave hereunto set my hand this day of Assistant Secretary IN TESTIMONY WHFREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer. this 16th day of October, A.D. 2007. INTERNATIONAL FIDELITY INSURANCE COMPANY SEAL `" m I Z b904 STATE NEW JERSEY County off Essex Secretary On this ifidt dao of October 2007, before me came the individual who executed thereceding histnameut, to nit: personally known, ,tud. being by ate duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELI'T'Y INSURANCE COMPANY; that die seal affixed to said instrument is tiie Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Dirccirns iii said Company. ,`4y�iy,e �mrr rrry �l"�" IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, M1,y" Q "'• . •. at the City of Newark, New Jersey the day and year first above written. cP.ti 'A( f�1� 4FNeN,•`A NOTARY PUBLIC OF NEW JERSEY rnw«���' CERTIFICATION My Commission Expires March. 27, 2014 1, die undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attornev has not been revoked and is now in full force and effect q NOV 0 s 201 IN TESTIMONY WHEREOF, I bave hereunto set my hand this day of Assistant Secretary Executed in Triplicate Bund #0611239 RELEASE® Premium: $627.00 Date:a t Signature: City Clerk City of San Juan Capistrano, CA SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.2) KNOW ALL MEN BY THESE PRESENTS, that THE COVE ESTATES, LLC a California Limited Liability Company (hereafter designated as "Principal'), agrees to install and complete certain designated public improvements as conditioned by City Council Resolution No. WHEREAS, said Principal is required to furnish a bond for the faithful performance to guarantee certain work, more particularly described as follows: Tract No. 16186 Landscape and Irrigation NOW, THEREFORE, we, the Principal are held firmly bound unto the City of San Juan Capistrano, (hereafter called "Obligee") in the penal sum of Thirty One Thousand Three Hundred Thirty -Five and 50/100 Dollars, ($31,335.50 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, and execute a subdivision agreement, then the obligation shall be null and void; otherwise it shall remain in full force and effect. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, Page 1 of 2 including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Principal, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder. Executed this -` 6th _ day of November 2013 , at Newport Beach , California. APPROVED A$ TO FORM: By Hans Van Ligte , orney PRINCIPAL THE COVE ESTATES, LLC, a California limited liability company By: Three G Development, LLC, a Nevada limited liability company Its Managing Memb By. DavidrX-GFanulias, Its Manager (NOTARIZATION AND SEAL) International Fi elity Ins ce Company By: Erik Johansson, Attorney -in -Fact Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On Nny Q'6 20B before me, V.M. Campbell, Notar Public , DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC' personally appeared Erik Johansson , who proved to me on the basis of satisfactory evidence to be the person(s) whose names (s) is/a-re subscribed to the within instrument and acknowledged to me that he/&he/#-bey executed the same in his/he4tbeir authorized capacity(ies), and that by his/hef tbeir 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. V M CAMPBELL Cornmission # 191oaoa Z WITNESS my hand and official seal. I-, Notary Public - California z X14 a orange County my Comm. f xplres Nov 25. 2014 SIG T URE OFRY 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 TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES Z ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NOV 0'6 2013 ❑ OTHER: __ DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) International Fidelity Insurance Company SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California CIVIL CODE § 1189 County of D'�4S 1 On OaWffG Wbefore me, r 1APA'G&, 1jUT� t'ygu , Mdo Here Ins®r1 Name anff Title of the 01113cer personally appeared 80 YUN MAGEE Commission # 2009875 Notary Public - C01004111 Orange Colt My Comm. Ex irn MK LA who proved to me on the basis of satisfactory evidence to be the personX whose name(g)is subscribed to the within instrument and acknowledged to me tha he executed the same in hi authorized capacity(j�j, and that by is signature(s) on the instrument the personA, or the entity upon behalf of which the persolilw 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 hand and official seal. Signature: Place Notary Seal Above Slgnalure of Nr1Niy Public OPTIONAL -- t Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:. Document Date: Signer(s) Other Than Named Above: __ Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 2010 National Notary Association • National Notary. org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Executed in Triplicate Bond #0611239 RELEASED Premium included in Performance bond Date: I i Signature:- - City Clerk City of San Juan Capistrano, CA SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE 66499.2) KNOW ALL MEN BY THESE PRESENTS, that THE COVE ESTATES, LLC, a California limited liability company_--._, (hereafter designated as "Principal'), agrees to install and complete certain designated public improvements more particularly described as follows: Tract No. 16186 Landscape and Irrigation _ WHEREAS, said Principal is required to furnish a bond for the faithful performance of said improvements; NOW, THEREFORE, we, the Principal are held firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of Thirty One Thousand Three Hundred Thirty Five and 50/100 Dollars, ($ 31,335.50 ) 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, shall 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. 05-08-16-03, 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 Page 1 of 3 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. 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, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal herein named on the 6th day of November 2013 , 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. Page 2 of 3 APPROVED AS TO FORM: Hans Van NOTE: Please attach Acknowledgement and Power of Attorney PRINCIPAL THE COVE ESTATES, LLC, a California limited liability company By: Three G Development, LLC a Nevada limited liability company Its Man i Mem r By: (NORTARI �y��L�Giaa ltsAlyl)nager International Fidelity Insura ee Company Erik Johansson, Attorney -in -Fact Page 3 of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On NOV 66 2013 DATE before me, V.M. Campbell, Notary Public NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC' personally appeared Erik Johansson , who proved to me on the basis of satisfactory evidence to be the person(s) whose names (s) is/are subscribed to the within instrument and acknowledged to me that he/&he/grey executed the same in his/heFAhea authorized capacity(ies), and that by his/her/th& 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. V. M. CAMPBELL _ Commission # 191080a L WITNESS my and and official seal. Notary Public - California z Z z :A--r,r '� N^ Orange County D thy Comm. Expires Nov 25, 2014 SGNATURNJ NOTARY 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 TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED GENERAL NUMBER OF PAGES ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NOV 0 6 2013 ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) International Fidelity Insurance Company SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of oe,�k_e CIVIL CODE § 1189 On N0A04eW- 6,%V before me, ti` a4ouC, Date Here Insert Name and T1116 of the Officer personally appeared C,:2 lAtAA WAS Name(S) a! Sigller(e) BO YUN MA6"6GEE commission * 2009875 Notary Public - CaiiforMa OrarW Coolly M Comm. Ex ires Mar 3, 2017 who proved to me on the basis of satisfactory evidence to be the person(sj whose named s subscribed toti�e within instrument and acknowledged to me that (he ev executed the same in h i , weir- authorized capacity(iK, and that by Is signatures j on the instrument the person(4, or the entity upon behalf of which the personM 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 hand and official seal. Signature: Place Notary Seal Above Signature of ry Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 2010 National Notary Association - NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 "lt.i 197} 1124-72i}t1 "'OWER V F A 1 1 ORN L INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEMBY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint CHRISTINA JOHNS6N, ERIK JOHANSSON, LISA CLARK, KIM E. HEREDIA, VICTORIA M. CAMPBELL Los Angeles, CA its true and lawful attortey(s)-in-fact to execute, seal and deliver for and on its hehalt ,is surety, any and all bonds and undertakings, contracts of indeinnity and other writings obligatory in the natureOHereof, which are or may Ile aiinwcd, teyuucd or permiued by law, stature, rile. re elation, contras:, nr otherwise and tlu exccutton of such instruntent(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE (.:OMPANY, as frilly and ,imply, to all ,mems and purposes. as if the same had been duly executed and acknowledged by its regularly elected officers ;u its principal office. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3 -Section 3, of the By -Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a tneetmg:called and held on the 7th day of Febmary, 1974. The President or any Vice President, Executive Vice President. Secretary or Assistant Secretary, shall have power and authority (1) Tit appoint Attorneys -in -fact; and to authatixe them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings„ conlracis of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney-in-fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatuvei of such officers and die seal of the Company may be affixed to any such power of at(ontey or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid acid bindntg upon the Company and any such power so executed and certified by facsimile signatures and facsimilc seal shall he valid: and binding upon tate Company in the future with respect to any bond or undertaking to which it is attached, If rNs IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed:and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007. INTERNATIONAL FIDELITY INSURANCE COMPANY SEAL VO c") STA'L'E of NEW JE I2SEY 7 ►'" 'Z 1904 �' � {,aunty of Essex yam' Secretary On this 16th day of October 2007, before me came the individual who executed thepprecedin instrument, to ire personall known, and. being by nic duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL�IDELITY INSURANCE COMPANY; that (lie seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. ,%,%% �! r '+��f IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, .` +� �{"� 'I at the City of Newark, New Jersey the day and year first above written, ' *U' 'pTAAli,;c�*. Ale . , ..... •' �r'y F NA NOTARY PUBLIC OF NEW JERSEY M Commission Expires March. 27 2014 cmaiI:tcATIoN y ' 1, the undersigitetd officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Atiorney and affidavit, and the kopy of the Section of [lie By -Laws ofsaid Company as set forth in said Power of Attorney. with the 010GINALS ON IN THE ROME OFFICE OF SAID COMPANY, and that the same are Correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect