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18-0419_TOLL WEST COAST LLC_Performance Bond BOND NO. 30034587 INITIAL PREMIUM: $33,35700 SUBJECT TO RENEWAL GRADING SURETY AGREEMENT PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City of San Juan Capistrano, California ("City") and Toll West Coast LLC ("Principal"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading and installation of related improvements for Lot 2 Tract 15687 Pearl B16-1425 ("the Work"); WHEREAS, the Work to be performed by Principal is more particularly set forth in that certain Grading Surety Agreement dated , 20_, ("Agreement")m which Agreement is incorporated herein by this reference; and; WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required by the Agreement to provide a good and sufficient bond for performance of the Agreement, and to guarantee and warranty the Work performed thereunder. NOW, THEREFORE, Principal and Western Surety Company ("Surety"), a corporation - organized and existing under the laws of the State of South Dakota, and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City in the sum of Four Million Seven Hundred Ninety Thousand Nine Hundred Thirty Five and 00/100 Dollars ($4,790,935.00), for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such, that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties in the Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and shall indemnify and save harmless City, its officers, employees, and agents, as stipulated in the Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Grading Surety Agreement,Permit#B16-1.425 61147.02100\24835741.2 Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement, or to any plans, profiles, and specifications related thereto, or to the Work to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition. IN WITNESS WHEREOF, the seal, if any, and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at Paoli, PA this 11 TH day of APRIL, 2018. Toll West Coast LLC, Western Surety Company a Delaware limited liability company Principal Surety By: - lJ'-%)•' "®� By aniel P. D nig , torney-in-Fact ;F� • Grading Surety Agreement,Permit#B16-1425 61147.02100\24835741.2 • Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On , 20 , before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the Statr of California that the foregoing paragraph is true and correct. WI my hand and official seal. Signature of Notary Public • 4r4 1 , OPTIONAL / .f 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. CAPACITY CLAIMED BY SIGNER/ DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ,- ❑ Corporate Officer i Title(s) Title or Type of Document ❑ Partner(s) ❑ Limited ❑ General Number of Pages ❑ Attorney-In-Fact . ❑ Trustee(s) ❑ Guardian/Conservator Date of Document ❑ Other: Signer is representing: Name Of Person(s)Or Entity(ies) Signer(s)Other Than Named Above NOTE: This acknowledgment is to be completed for Principal. Grading Surety Agreement,Permit#B 16-1425 61147.02100\24835741.2 ACKNOWLEDGMENT. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On April 17, 2018 before me, Patty Kiloh - Notary Public (insert name and title of the officer) personally appeared Nick Norvilas who proved to me on the basis of satisfactory evidence to be the personW whose names is/are subscribed to the within instrument and acknowledged to me that he/stile/they-executed the same in his/lasetteir authorized capacity(ies), and that by his/heetheir signature(s) on the instrument the person(), 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. PATTY MOH •�• Notary Public California z lin Orange County �°,�%�i� Commission#2192864 tii`, 01111111 Wm— Signature My CommExpiresApr212021 4� (Seal) Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who_ signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF CHESTER On APRIL 11, 2018, before me, ARLENE OSTROFF , Notary Public, personally appeared DANIEL P. DUNIGAN , who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature 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. WITNAio my hand a •fficial seal. • / //aeel Signature of Notary Public OPTIONAL Though the information below is not required OCQMMtfMJIE ALOMMO MO NAMMa. relying on the document and could prevent fraudulent removal and reattaotis form to ano er document. CAPACITY CLAIMED BY SIGNER ARM W �� F TTACHED DOCUMENT istown❑ Individual My Commission Expires December 3.2020 ❑ Corporate Officer Title(s) Title or Type of Document ❑ Partner(s) ❑ Limited ❑ General Number of Pages X Attorney-In-Fact ❑ Trustee(s) ❑ Guardian/Conservator Date of Document ❑ Other: Signer is representing: Name Of Person(s)Or Entity(ies) Western Surety Company Signer(s)Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney-in-Fact for Surety. The Power-of Attorney to local representatives of the bonding company must also be attached. Grading Surety Agreement,Permit#B 16-1425 61147.02100\24835741.2 • Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-TN-FACT • Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint William F Simkiss, Richard J Decker, Daniel P Dungan, Joseph W Kolok Jr, Brian C Block, • James L Hahn, Individually of Paoli,PA,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature • - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed_ This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 10th day of February,2016. ' SURET}y, WESTERN SURETY COMPANY RPogq,t= 12.4 /A. ���'a,.Tk DP ro• "aul T.Bruflat,Vice President State of South Dakota ss County of Minnehaha On this 10th day of February,2016,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota; that he is the Vice President of WESTERN SURETY.COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires J.MOHR ,,��Hornarwvac June 23,2021 ♦Ij{ J.Mohr,Notary Public CERTIFICATE I,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 11TH day of APRIL 2018 ,25URET} WESTERN SURETY COMPANY �PDgq 3 ,,,,,,,, (DT. 2J.L.e.eurrt,/ L.Nelson,Assistant Secretary Form F4280-7-2012 WESTERN SURETY COMPANY Sioux Falls, South Dakota Statement of Net Admitted Assets and Liabilities • December 31,2017 ASSETS Bonds $ 1,895,156,151 Stocks 28,408,086 Cash, cash equivalents,and short-term investments 24,679,133 Receivables for securities 7,500,016 Investment income due and accrued 22,426,771 Premiums and considerations 37,932,713 Amounts recoverable from reinsurers 1,562,035 Current federal and foreign income taxes recoverable from CNA Financial Corporation 3,481,084 Net deferred tax asset • 10,688,834 Receivable from parent, subsidiaries, and affiliates 11,647,470 Other assets • • 10,215 Total Assets $ 2,043,492,508 LIABILITIES AND SURPLUS Losses $ 201,046,845 Loss adjustment expense 57,918,199 Commissions payable, contingent commissions and other similar charges 10,047,343 Other expenses (excluding taxes, license and fees) 943,877 Taxes,License and fees (excluding federal and foreign income taxes) 3,447,669 Unearned premiums 223,752,269 Advance premiums 5,436,181 Ceded reinsurance premiums payable 1,720,726 Amounts withheld or retained by company for account of others 7,338,456 Provision for reinsurance 239,534 Payable to parent, subsidiaries and affiliates 12,934 Payable on security transations 4,000,000 Other liabilities 367,837 Total Liabilities $ 516,271,870 Surplus Account: Common stock $ 4,000,000 Gross paid in and contributed surplus 280,071,837 Unassigned funds 1,243,148,801 Surplus as regards policyholders $ 1,527,220,637 Total Liabilities and Capital $ 2,043,492,508 I, Troy�4�ti�ray�z�Assistant Vice President of Western Surety Company hereby certify that the above is an accu _kpresentation of the financial statement of the Company dated December 31, 2017, as filed wie''various;Iisiarance Departments and is a true and correct statement of the condition of Western Si4R,Actnpail that date. F•= Western Surety Company % . az. A k-e By :<a;� c c Sip Assistant Vice Pre ' ent ^CHc15Baa.10-5`�`a Subscribed and sworn to me this 8th day of March ,2018. My commission expires: ,• YOLANDA JIMENEZ OFFICIAL SEAL •��K'� �Notary Public,Steteo:Illinois 110y My Commission`xPirez Not. blic ,,, se.temhe!24,2021 �I EXHIBIT "D F1/4. HUNSAKER &ASSOCIATES IRVINE. INC. Preliminary Budget for Bonding Purposes Project Name: TRACT NO.15687 Location: City of San Juan Capistrano,California Type of plan: Rough Grading&Erosion Control Plans UNIT DESCRIPTION QUANTITY UNIT PRICE TOTAL COST Summary EARTHWORK $596,585 ROUGH GRADING $2,907,960 ONSITE STORM DRAIN $672,062 OFFSITE STORM DRAIN $30,668 STREET IMPROVEMENT $556,215 EROSION CONTROL $27,445 GRAND TOTAL $4,790,935 PUBLIC WORKS isolx,01:36tiL, aottle.": p Fl rOVED cle-V ;g 0 ck No. 38796 * 04';1119/ \-4.01j1 V%,,,,COrir 117.),w 17-t Page 1 of 4 • � i HUNSAKER SA &ASSOCIATES :• IRVINE, INC. Preliminary Budget for Bonding Purposes .. • Project Name: TRACT NO.15687 I Location: City of San Juan Capistrano,California • Type of plan: Rough Grading&Erosion Control Plans UNIT -=DESCRIPTION QUANTITY UNIT PRICE TOTAL COST EARTHWORK • - CUT 19,650 CY $3.00 $58,950.00 FILL 52,300 CY $3.00 $156,900.00 IMPORT 32,650 CY $10.00 $328,500.00 SUB-TOTAL EARTHWORK" $542,350.00 10%CONTINGENCY $54,235.00_, TOTAL EARTHWORK $596,585.00 • ROUGH GRAbING NOTES.: 36"WIDE UTILITY"V"DITCH 850 LF $34.00 $28,900.00 18"ATRIUM DRAIN WITH PIPE CONNECTION 8. EA $1,000.00 $6,000.00 SIDE YARD RETAINING WALL 2,800 SF $55.00 $154,000.00 12"BERM 50 LF $20.00 $1,000.00 REMOVE EX.RIP RAP 500 SF $2.00 $1,000.00 REMOVE EX CONCRETE"V"DITCH 1,350 LF $2.00 $2,700.00 VEDURA WALL - 58,000 SF $40.00 $2,320,000.00 4"SUBDRAIN SYSTEM FOR WALLS 6,580 LF $20.00 $130,000.00 SUB-TOTAL ROUGH GRADING $2,643,600.00 10%CONTINGENCY $264,360.00 _ TOTAL ROUGH GRADING $2,807,980.00 • ;F ' r • :a Page 2of4 YY } HUNSAKER • I &ASSOCIATES IRVINE, I N.C. Preliminary Budget for Bonding Purposes_, Project Name: TRACT NO. 15687 Location: City of San Juan Capistrano,California - Type of plan: Rough Grading&Erosion Control Plans UNIT • DESCRIPTION QUANTITY UNIT• PRICE TOTAL COST. ONSITE STORM=DRAINNOTES 24"R.C.P. 438 LF $100.00 $43,800.00 18"R.C.P. - 665 LF $75.00 $49,875.00 12"P.V.C. 1,026 LF $30.00 $30,780.00 6"P.V.C. 140 LF $20.00 $2,800.00 12"x12"x4"PVC TEE 9 EA $500.00 $4,500.00 12"x12"x4"x4"PVC CROSS 2 EA $500.00 $1,000.00 CONCRETE COLLAR 13 .EA $1,500.00 $19,500.00 30 DEGREE ELBOW 2 EA $500.00 $1,000.00 45 DEGREE ELBOW 2 EA $500.00 $1,000.00 90 DEGREE ELBOW 2 EA $500.00 $1,000.00 INLET TYPE I 3 EA $3.500.00 $10,500.00 INLET TYPE II 8 EA $5,000.00 $40,000.00 JUNCTION TYPE I 5 EA $6,500.00 $32,500.00 JUNCTION TYPE III 1 EA $6,000.00 $8,000.00 JUNCTION TYPE IV 3 EA $5,000.00 $15,000.00 JUNCTION TYPE VI 10 EA $5,000.00 $50,000.00 WQ DETENTION BASIN 96"RCP 315 LF $500.00 $157,500.00 CONCRETE VAULT 2 EA $30,000.00 $60,000.00 WO MODULAR WETLAND 4'Wx16'L 1 EA $25,000.00 $25,000.00 WQ MODULAR WETLAND 8'Wx20'L 1 EA $30,000.00 $30,000.00 JOIN EXISTING STORM DRAIN PIPE 2 EA $2,000.00 $4,000.00 4"PVC - 634 LF $15.00 $9,510.00 8"PVC 152 LF $25.00 $3,800.00 PVC CAP 6 EA $500.00 $3,000.00 - CLEAN-OUT 6 EA $1,150.00 $6,900.00 PVC TO CB CONNECTION 1 EA $2,000.00 $2,000.00 SUB-TOTAL STORM DRAIN $610,965.00 10%CONTINGENCY $61,096.50 TOTAL STORM DRAIN $672,061.50 OFFSITE STORM DRAIN NOTES 24"R.C.P. 94 LF $70.00 $6,580.00 CONCRETE COLLAR 2 EA $1,500.00 $3,000.00 SLOPE ANCHOR 1 EA $1,000.00 $1,000.00 _ BRICK AND MORTAR PLUG 1 EA $1,000.00 • $1,000.00 JUNCTION TYPE IV 1 EA $4,500.00 - $4,500.00 24"DRAIN PIPE W/36"CMP RISER 1 EA $3,500.00 $3,500.00 `, REMOVE EX.24°RCP W/36"CMP RISER 43 LF $100.00 $4,300.00 :!i JOIN EXISTING STORM DRAIN PIPE 2 EA $2,000.00 $4,000.00 d l' SUB-TOTAL STORM DRAIN $27,880.00 10%CONTINGENCY $2,788.00 TOTAL STORM DRAIN _ $30,668.00 Page 3 of 4 i; LT HUNSAKER 1 b &ASSOCIATES IRVINE, INC. Preliminary Budget for Bonding Purposes • Project Name: TRACT NO, 15687 Location: City of San Juan Capistrano,California Type or plan: Rough Grading&Erosion Control Plans UNIT DESCRIPTION QUANTITY UNIT PRICE TOTAL COST STREET CONSTRUCTION STREET LIGHT 18 EA $2,500.00 $45,000.00 STREET NAME 3 EA $500.00 $1,500.00 4"AC OVER 8"AB ' 60,400 SF $3.75 $226,500.00 DRIVEWAY APPROACH 59 EA $1,000.00 $59,000.00 4"PCC SIDEWALK 10,500 SF $5.50 $57,750.00 6"CURB&GUTTER TYPE"C-6" 4,100 LF $20.00 $82,000.00 REMOVE EX.CURB,GUTTER,SIDEWALK 1,700 SF $4.00 $6,800.00 LOCAL DEPRESSION 11 EA $1,500.00 $16,500.00 ACCESS RAMP TYPE VI 1 EA $5,000.00 $5,000.00 STRIPE STOP BAR AND STOP LEGEND 3 EA $200.00 $600.00 STOP SIGN 3 EA $200.00 $600.00 "NO OUTLET"SIGN 2 EA $200.00 $400.00 FIRE HYDRANT REFLECTOR 7 EA $100.00 $700.00 CONCRETE PARKING STEP(W=12") 1,100 SF $3.00 $3,300.00 SUB-TOTAL STREET CONSTRUCTION $505,650.00 10% CONTINGENCY $50,565.00 TOTAL STREET $556,215.00 EROSION CONTROL STREET GRAVEL BAG 5,110 LF $2.00 $10,220.00 PERIMETER GRAVEL BAG 490 LF $2.00 $980.00 STABILIZED CONSTRUCTION ENTRANCE 2 EA $3,500.00 $7,000.00 VISQUEEN SPILLWAY 650 SF $5.00 $3,250.00 CHECKDAM 7 EA $500.00 $3,500.00 SUB-TOTAL EROSION CONTROL $24,950.00 10% CONTINGENCY $2,495.00 TOTAL EROSION CONTROL $27,445.00 Page 4 of 4