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18-0203_DEVELOPMENT SOLUTIONS OAK, LLC_Performance Bond PB10163700292Executed In Triplicate Bond #PB10163700292 Premium: $36.150.00 SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.2) KNOW ALL MEN BY THESE PRESENTS, that Development Solutions Oak, LLC (hereafter designated as "Principal'), agrees to install and complete certain designated public improvements as conditioned by City Council Resolution No. WHEREAS, said Principal is required to furnish a bond for the faithful performance to guarantee certain work, more particularly described as follows: Final Tract Map 17441 - StreeUWater/Sewer/Drainage/Landscape and Irrigation/Monumentation NOW, THEREFORE, we, the Principal and Philadelphia Indemnity Insurance Company,, as surety are held firmly bound unto the City of San Juan Capistrano, (hereafter called "Obligee") in the penal sum of Two Mlllion Four Hundred Ten Thousand and NO/100ths---------------------------- Dollars, ($ 2.410.000.00 } 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 Surety, 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 3rd day of February , 20 15 , at Who , California. �f��•llM�/l4,1/,1„t9�y PRINCIPAL (V�Jj'`/V�'l�'` Y�'�+�w�. Dawlapmonlsolutions Oak. LLC LINDSAY JUNE MARY TSCHIDA Notary Public - Nuletlal Soal MyJanuary31unmiss,2018 as (NOTARIZATION AND SEAT dd Gilats Vice President APPROVED AS TO FORM: SURETY Philadelphia Indemnity IInnssuur��aance Company ByVldoria M. Campbell, Auomey-in OF Hans Van Ligten, trA# ney Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § I A notary public or other officer completing this canificate 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 FFR 0 3 7015 before me, Missal Melchor Notary Public Date Here Insert Name and Title of the Officer personally appeared Victoria M. Campbell Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ere 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 tris/her/their signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph MAGAU MELCHOR is true and correct. Commission 0 2079392 WITNESS my he d and offs ' III al. Notary Public - California Orange County M Comm. Expires se 3, 2019+ Signature gnature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacityfes) Claimed by Signer(s) FEB 0 3 2015 Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Tdle(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — O Umited 0 General ❑ Individual (9 Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: Philadelphia Indemnity Insurance Comoanv ®2014 National Notary Association • www.NationalNotary.org - 1 -800 -US NOTARY (1-000-876-6827) Item #5907 Executed in Triplicate Band #PB10163700292 Premium included in Performance bond SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE 66499.2) KNOW ALL MEN BY THESE PRESENTS, that Development Solutions Oak, LLC (hereafter designated as "Principal'), agrees to install and complete certain designated public improvements more particularly described as follows: Final Tract Map 17441 - Stn:ettWater/Sewer/Drainage/Landscape and Irrigation/Monumentation WHEREAS, said Principal is required to furnish a bond for the faithful performance of said improvements; NOW, THEREFORE, we, the Principal and Philadelphia Indemnity Insurance Company, as surety are held firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of Two Million Four Hundred Ten Thousand and NO/100ths-----------------------------Dollars, ($ 2,410,000.00 ) 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 Improvement 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 Surety 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 3rd day of February 20 15 , 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 +"O*�-- 2x " MAflY iSCTDA Public-tiolzrial Seal :i My Cronmission E:ples L�xaM Janua731, 2019 APPROVED AS TO FORM: BY Hans Van Ligten, 1 tey NOTE: Please attach Acknowledgement and Power of Attorney PRINCIPAL Development Solutions Oak, LLC (NORTARIZATION AND SEA4dd Gilats Vice President Page 3 of 3 SURETY PhilW��minlyly Insury ^Company Victoria M. Campbell, Altomey-In--Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verb s only the Identity of the individual who signed the document to which this certificate Is attached, and not the tMhfulness, accuracy, or validity of that document. State of California County Of Orange On PE9 0 3 2915 before me, Magan Melcbar Natary Public , Date Here Insert Name and Title of the Officer personally appeared Moore M. Campbell Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that 1he/sha/they. executed the same in Maher/their authorized capaclty(ies), and that by his/her/their signatures) 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 MAO- ME- - - of the State of California that the foregoing paragraph Commiaalon a 2079392 is true and correct. Notary Public - California WITNESS my hen and official s al. Orange county Nig Comm. Ea oras Sep 3.2018 Signature Signature ofotery Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document FEB 0 3 2015 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: Signer's Name: ❑ Corporate Officer — Thiels): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual in Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: Philadelphia Indemnity Insurance Companv 02014 National Notary Association - www.NalionalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 73 PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St. Asaph's Rd., Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: that PHILADELPHIA INDEMNITY INSURANCE CO.IMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint: VICTORIA M. CAMPBELL, KIM H EREDIA, BRYAN D. MARTIN, BRADLEY N. WRIGHT, JEAN L. NEU, CHRISTINA JOHNSON AND JACQUELINE KIRK OF WILLIS INSURANCE SERVICES OF CALIFORNIA, INC. Its true and lawful Attomey(s) in fact with full authority to execute on its behalf bonds, undertakings, rceognizunces and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $25,000,000,00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPIIA INDEMNITY INSURANCE COMPANY at a meeting duly called the 1" day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (l) Appoint Attorncy(s) in Fact and authorize the Attomcy(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNI'T'Y INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7TH DAY OF FEBRUARY 2013. ,J UNITY V 1921 • "� ;.tip' ••�...i��Aa. (Seal) ^."' ev--,'¢o Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 7°i day of February 2013, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corpomte seal of said Company; that the said Corporate Seal and his signature were duly affixed. PMTK .2010 Notary Public: residing at: (Notary Seal) My commission expires: 1, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of directors and this Power of Attorney issued pursuant thereto are true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof 1 have subscribed my name and affixed the facsimile seal of each Company this 3rd day of February 20-L5-- 7 "°. "'" " • °> % Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary i PHILADELPHIA INDEMNITY INSURANCE COMPANY i ..: 1 927 �o�� i•,- 'r,l •�`•... .......