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18-0220_TOLL WEST COAST LLC_Payment Bond No. 019062901_TR 15609 SUBDIVISION IMPROVEMENT AGREEMENT Bond No. 019062901 PAYMENT (LABOR AND MATERIALS) BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT 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, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Parcel/Tract Map No. 15609 ("Public Improvements"); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Subdivision Improvement Agreement dated , 20_, ("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required by the Improvement Agreement before entering upon the performance of the work to provide a good and sufficient payment bond to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the California Civil Code. NOW, THEREFORE, Principal and Liberty Mutual Insurance Company ("Surety"), a corporation organized and existing under the laws of the State of Massachusetts, and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Improvement Agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the California Civil Code in the sum of TWENTY FOUR THOUSAND TWO HUNDRED SIXTY SIX AND 00/100 DOLLARS ($24,266.00), said sum being not less than one hundred percent (100%) of the total cost of the Public Improvements as set forth in the Improvement Agreement, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth. 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. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. 61147.02100\24632175.1 Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed 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. This bond is executed and filed to comply with Section 66499, et seq., of the California Government Code as security for labor performed and materials provided in connection with the performance of the Improvement Agreement and construction of the Public Improvements. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 20 TH day of FEBRUARY, 2018. (Corporate Seal) TOLL WEST COAST LLC Principal By Title V/ 9 f;26 *si , C-P -'- (Corporate Seal) LIBERTY MUTUAL INSURANCE COMPANY _ Surety By Daniel P rL ig-n, Att. -in-Fact (Attach Attorney-in-Fact Certificate) Title Attorney-in-Fact The rate of premium on this bond is N/A per thousand. The total amount of premium charges is $ Included in Performance Bond. (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) Liberty Mutual Insurance Company 2200 Renaissance Blvd Suite 400 Kinq of Prussia, PA 19406 (Name and Address of Agent or Corporation Service Company d/b/a Lawyers Representative for service of Incorporation Service process in California, if different 2710 Gateway Oaks Drive Sacramento CA 95833 from above) (Telephone number of Surety 800-683-4769 and Agent or Representative for service of process in California) 61147.02100\24632175.1 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 ' February 23, 2018 before me, Patty Kiloh, Notary Public (insert name and title of the officer) personally appeared Peter Kim who proved to me on the basis of satisfactory evidence to be the person($ hose name(.e'j is/ate subscribed to the within instrument and acknowledged to me that he/skle/they executed the same in his/haeftbeir authorized capacity(iesfi, and that by his/bet/tf 1r signature(e) on the instrument the person(.), or the entity upon behalf of which the persons 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. ., �w:; PATTY KILOH Notary Public-California ,,� Orange County i .3i." Commission#2192864 My Comm.Expires Apr 21,2021 Signature (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 PENNSYLVANIA . COUNTY OF CHESTER On FEBRUARY 20, 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. WITNESS my hand and official seal. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL ARLENE OSTROFF, Notary Public / Wiltistown Township, Chester County My Conusti {tbtf6ER ?e'bbr 3,2020 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. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑ Corporate Officer Title(s) . Title or Type of Document ❑.Partner(s) o Limited . ❑ General Number of Pages ❑ Attorney-In-Fact O Trustee(s) O Guardian/Conservator Date of Document o 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 the Attorney-in-Fact for Surety. The Power-of Attorney to local representatives of the bonding company must also be attached. 61147.02100\24632175.1 THIS:POWER:OF�AT:TOI'tNEY;IS`NOT VALID=UNLESS_IT:IS,P•RINT:ED_ON;REDvB;4CKGROUND:r-� ; --;-.`..._,f __`� ThisPower-ofAttorney limits the:acts of those-_named herein;and they have no authority to bind the_Company=except in the�manner and to'the-xtent herein stated � ::J� - / ;d ^ _ --:i; ' ---.---.:----."--7--,1---=:-.----=--------1------:----_ -=_�__ /7700429, �I _ y1 - c� Certificate Nod �:-i ��_ _ Libeity^Mufiial:Insurance"Company's __ - _ - _ --- - '��^ ;�TIie,Ohio CA ----_: _ W_e_st�AmericanYlnsurance Gompany�;--___:-_-:„--:,,,,---.:__..1-_-a---_,-,,:::-.3;:;:,• _ _ ��I fid - - - '-,.:',:-.-r: : - _ _ -7--,;--:'-',----_-:>----:: - - _ - _ "- _" _- ;7,,.:,:.,,,7-; ,"'„":7.2-' - - _ _ "/.��%__ -;---7,."-::::'::7":7-'327-''.:71:,:-..-.. -- -...--,--,,,-- -:: - `%-'` - ' - _ - - - - - - ----.,:-_,--3-i-::::---- - ' `,I��� -'�_ice--.�� .- _ _- �__ _ - _�f?_ E_R:OFATTO_ R- - _ =, 7:::--:-.'-.--.-- = KNOWN=AL=L-PER.SONS;BY:THESE'-P_R-ESENTS:That•The Ohio`Casualt;Insurance;Com an"is,a c&poration'dul oranized:under the:laws,00f;tte State`_of_NewHam shire;that:^::, Liberty Mutu-aJl Irisurance,Companyis a'corporation duly;organized'un`derJthe,Jaws.,of the=State=of.Massachusetts antl,West-American-.Insurance=Company=is,_a,corporationnduly�r-. = .i��orgamzed:under_the laws ofahe: 'Lib : LIBERTY MUTUAL INSURANCE COMPANY r' tt FLu,ANCI L STATEMENT—DECEMBER 31,2.016 'St.)RT Assets Liabilities Cash and Bank Deposits 51,092,914,837 Unearned Premiums.. 56,929,723,299 *Bonds—U.S Government 1,406,763970 Reserve for Claims and Claims Expense_..... 17,233;877.300 *Other Bonds 11.379.97 6.523 Funds Held Under Reinsurance Treaties 208,362,823 Reserve for Dividends to Policyholders 944,909 =Stocks 10,349,761,988 Additional Statutory Reserve 39;649,905 Real Estate 290,265,760 Reserve for Commissions,Taxes and Agents'Balances or Uncollected Premiums._....... 4,709,977,463 Other Liabilities 3.061.117.958 Accrued Interest and Rents_... 112,757,395 Total__......_____.�________.._�__ 527,473,676,194 Special Surplus Funds__........... 595;257,334 Other Admitted Assets._ 14.659.523.751 Capital Stock • 10,000,000 Paid in Surplus 9,229,250;104 Unassigned Surplus 7,193,698,055 Total Admitted Assets___._____. S44.001 RR1.6R7 Surplus to Policyholders._.___.....______.__ 16.528.205 493 Total Liabilities and Surplus _ ___544.(101 RR1 6R7 * Bonds are stated at amortized or investment value;Stocks at Association Market Values. i The foregoing financial information is taken from • � t.tz 1, g � � • � Liberty Mutual Insurance Company's financial ley ``. statement filed with the state of Massachusetts Department of Insurance. I,TIM 1OLAJEWSKI,Assistant Secretary of Liberty Mutual.Insurance Company,do hereby certify that the foregoing is a true,and correct statement of the Assets and Liabilities of said Corporation,as of December 31,2016,to the best of my knowledge and belief. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Corporation at Seattle,Washington,this 23rd day of March,2017. Assistant Secretary • • • c5262LMICta 3157