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
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