19-0307_TNHC SAN JUAN, LLC_Staff Memo MEMORANDUM
March 7, 2019
TO: Maria Morris, City Clerk
FROM: Steve May, Public Works & Utilities Directo • • /.17-
SUBJECT: Grading Surety Release — B14-0700, Olivia Development
TTM 16146
This memorandum is authorization to release the Grading Bond # PB02497500121 for
B14-0700, a part of TTM 16146, Olivia, San Juan Capistrano. Said Grading Bond is in the
amount of$2,428,000.00. The grading has been completed and approved.
Please notify Philadelphia Indemnity Insurance Company of this bond exoneration.
A copy of the Grading Surety Agreement and Bond are attached.
Thank You.
cc: Community Development/ Building; file
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GRADING SURETY AGREEMENT
THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a
municipal corporation, hereinafter referred to as the "City" and TNHC San Juan LLC a
Contractor referred to as "Developer".
WITNESSETH
WHEREAS, City will issue Precise Grading Permit o B14-0700, and - ncroachment
Permit No. E14-0056, to Developer to construct certain .- i• -- •rovements which
constitute a portion of that real property at the location of 32281 Del Obispo Street, San
Juan Capistrano, CA, commonly referred to as the Oliva Subdivision for Tentative Tract
Map (TTM) 16146 as conditioned under City Resolutions No. 05-12-20-02, as modified or
amended by City Council Resolution Nos. 06-07-03-07, 06-11-21-03, 07-04-17-03,08-09-
16-05 and 09-03-17-07 .
WHEREAS, San Juan Capistrano Municipal Codes Section 8-2.08 requires the
posting of financial security to secure the faithful performance for the grading and
installation of improvements connected with issuance of grading permits including the
construction of drainage and protection devices and any other corrective work to remove
and eliminate engineering and geological hazards.
WHEREAS, San Juan Capistrano Municipal Code Section 8-2.09 authorizes the
Building Official to require additional bonding as security to ensure against adverse
aesthetic impacts arising from incomplete grading and/or improvements from development
projects which have not been completed.
WHEREAS, the Building Official finds that the proposed project site is highly
prominent and visible to the community, has unique topographic features or involves
substantial grading of slope areas.
NOW, THEREFORE, in consideration of the premises and promises hereinafter
contained, City and Developer agree as follows:
1. Developer's Improvements Obligations. Developer shall, at its own cost and
expense, provide all required tests, design work, equipment, materials and labor in order to
make or cause to be made all those works of improvement in the Subdivision required by
Title 9 Sections 9-4.101 through 9-4.405 (Subdivisions) of the City Municipal Code
(hereinafter referred to as "Code") and shown or described in the improvement plans,
Grading Surety Agreement, Permit#B14-0700, E14-0056 Page 1 of 7
Nq�
specifications and cost estimates entitled "Improvement Plan Tract No. 17713 for Sewer
and Water Improvements as approved by the City Engineer on 8/4/2014, and the
Improvement Plan Tract No. 17713 for Street Improvements, and Improvement Plans for
Street Improvements (Public) Widening of Del Obispo Street as approved by the City
Engineer on 7/1/2014, collectively known as the "Oliva Precise Grading Plans." The
grading permit, encroachment permit and plans, which describe all the work to be
constructed pursuant to this Agreement, are on file in the office of the City's Building
Official, and the costs for work are attached (Exhibit C).
2. Developer's Security. Developer shall provide a cash deposit, Certificate of
Deposit or a bond by a duly authorized corporate surety. Such bonds shall be in the form
prescribed by the Building Official or approved as to form by the City Attorney to secure
Developer's improvement obligations required under this Agreement.
The total amount of the bond shall be $2,428,000 as shown on Exhibit C, for all
onsite and offsite grading improvements as approved by the City Engineer. This security
shall also serve as security for restoration of the onsite and offsite areas associated with
the works of improvement. A copy of the surety instrument (Performance Bond and
Material and Labor Bond), as approved by the City Attorney, is attached herein.
3. Completion of Improvements. To ensure the protection of the public safety,
health and welfare, Developer shall construct all said improvements in accordance with the
schedule as set forth in Exhibit "A", and conditions as set forth in Exhibit "B", and as
provided within the Conditions of Approval for TTM 16146.
4. Developer Default. In the event Developer does not complete the required
improvements, including erosion and silt control measures within the time required, using
Best Management Practices (BMP) in implementing a Water Quality Management Plan in
full compliance with Orange County National Pollutant Discharge Elimination System
(NPDES) Storm Water Implementation Agreement and San Juan Capistrano Municipal
Code Section 8-14, or abandons the project site, or suspends work for more than twenty
working days other than previously prescribed, City shall have the right to immediately
declare a default and to make demand on the surety for performance.
5. Restoration of Site. San Juan Capistrano Municipal Code Section 8-2.09
allows the City to require bonding as security to ensure against adverse aesthetic impacts
arising from uncompleted grading, drainage and/or improvements which includes illicit non-
storm drain water discharge. The purpose of this bonding shall be to restore the property to
a safe and acceptable condition if the Developer defaults. This restoration shall include but
not be limited to the following:
Grading Surety Agreement, Permit#B14-0700, E14-0056 Page 2 of 7
JQ
N41
A. Dismantle and/or demolish improvements;
B. Grade property to its original contours as shown on the approved
grading plans.
C. Remove all debris and construction materials from the site; and
D. Install erosion and silt control devices, including hydroseeding, to
insure a uniform vegetative cover, or equivalent stabilization
measures which include the use of such Best Management Practices
as blankets, fiber matrices, catch basin filters, or other erosion
resistant soil coverings or treatments to satisfaction of the Director of
Engineering and Building.
6. Attorney's Fees. Developer agrees to pay City such sum as the court may
judge as reasonable for the legal services of an attorney representing the City in an action
brought to enforce or interpret the obligations of this agreement, and such sum shall be
made a part of any judgment in such action against Developer if such action is determined
in favor of said City.
7. Developer's Work in Safe Condition. Developer shall perform all work in a
safe workmanlike manner and shall take such precautions as may be necessary to warn
and protect the public from any dangerous condition caused by the construction of said
improvements.
8. Liability. Developer shall hold City, its officers, and employees harmless from
any and all claims, demands, causes of action, liability or loss of any sort because of, or
arising out of, the acts or omissions of Developer, his contractor, subcontractors, agents or
employees in the performance of this agreement.
Grading Surety Agreement, Permit#814-0700, E14-0056 Page 3 of 7
47040,G,
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In witness whereof, the parties have executed this agreement as of
, 2014
Developer: TNHC San Juan LLC
�� ir:C .+
By: Thomas Redwitz
(Title) COO & Partner
City:
Approved as,to Fo m: Accepted:
_. _ ":,,.- -,4,f/7 --,-?
By: City Attorney By: Building Official
Hans Van Ligten Bret Caulder
Grading Surety Agreement, Permit#B14-0700, E14-0056 Page 4 of 7
4)Op,
In witness whereof, the parties have executed this agreement as of %714/4
4L( (I( t' , 2014
Developer: TNHC San Juan LLC
By: Thomas Redwitz
(Title) COO & Partner
City:
Approved as to Form: Accepted:
By: City Attorney By: Building Official
Hans Van Ligten Bret Caulder
Grading Surety Agreement, Permit#B14-0700, E14-0056 Page 4 of 7
EXHIBIT "A" 4'~`^,+
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Task Completion Date
1. Precise Grade August 2014
2. Start Sewer August 2014
3. Complete Sewer August 2014
4. Start Water August 2014
5. Complete Water September 2014
6. Start Storm Drain August 2014
7. Start Streets October 2014
8. Complete Streets November 2014
9. Final Inspection December 2014
Grading Surety Agreement, Permit#B14-0700, E14-0056 Page 5 of 7
Z)0041)
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EXHIBIT "B" N4,
CONDITIONS FOR COMPLETION OF IMPROVEMENTS
•
1. The grading for this project shall be in strict conformance with the grading plans as
well as the San Juan Capistrano Municipal Code.
2. Grading operations shall commence within fourteen (14) calendar days after
issuance of Grading Permit.
Winter grading will be conducted in strict accordance with the dynamic erosion and
silt control plan submitted by the Developer, and approved by the City. This erosion
and silt control plan reflects erosion and silt mitigation measures for expected
grading conditions as the work progresses through the winter season and shall not
be amended except with the permission of the City.
In the event Developer does not wish to implement winter grading, or permission for
winter grading is rescinded, static erosion and silt control plans reflecting current
conditions of grading shall be submitted within ten (10) days of cessation of work.
These plans shall:
1. Identify all pollutant sources including sources of sediment that may affect
the quality of storm water discharges associated with the construction
activity.
2. Include the erosion and sediment control planting and hydroseeding to
insure a uniform vegetative cover or equivalent stabilization measures which
include the use of such Best Management Practices as blankets, fiber
matrices, catch basin filters or other erosion resistant soil covering or
treatments to the satisfaction of the City Engineer.
3. Suspension in excess of twenty (20)working days of work authorized by approved
grading plans and grading permit for subject property, including erosion and
sediment control measures and landscaping and irrigation, shall constitute default of
this agreement.
4. The supervising civil engineer and soils engineer shall file biweekly progress reports
of all grading operations with the Building Official. An interim compaction report,for
that work completed at the time work is suspended for the rainy season, shall be
Grading Surety Agreement, Permit#814-0700, E14-0056 Page 6 of 7
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filed with the Building Official. This interim report shall conform to the grading code
requirements for final compaction reports.
5. Contractor shall control dust to the satisfaction of the Building Official or his deputy.
During grading, Contractor shall keep water truck on site and dampen work area,
grounds, and loaded trucks.
6. Grading operations suspended during the rainy season shall be resumed no later
than 15 days from date of suspension termination.
7. Installation of interim erosion and sediment control devices and systems shall
commence within seven (7)days after rough grade certification has been approved
by the Building Official and must be completed within fifteen (15)days of rough grad
certification. Final erosion and sediment controls devices, planting, landscaping and
irrigation systems shall be installed prior to final inspection of the grading permit.
8. All work shall be performed in strict observation of the Hours of Operation in
accordance with San Juan Capistrano Municipal Code Section 8-1.03.
9. Contractor shall adhere to conditions of haul route permit and encroachment permit
issued by the City Engineer.
10. Parking for construction crew is to be on-site.
11. Exoneration of Bonds: Bonds for this Agreement shall be transferred via
endorsement upon City Approval of the Final Tract Map 17713 (a portion of TTM
16146)with a fully executed Subdivision Improvement Agreement for the Works of
Improvements included within this Agreement and as restated within the Subdivision
Improvement Agreement or after the 1-year warranty period has been completed for
the Works of Improvement as stated within the Agreement, whichever comes first.
Grading Surety Agreement, Permit#B14-0700, E14-0056 Page 7 of 7
EXECUTED IN TRIPLICATE Bond No.: P602497500121
Premium: $36,420.00/2 yrs.
SUBDIVISION FAITHFUL PERFORMANCE BOND
(GOVERNMENT CODE 66499.2)
KNOW ALL MEN BY THESE PRESENTS, that TNHC San Juan LLC,
a Delaware Limited Liabilty Company (hereafter designated as "Principal"), agrees to install
and complete certain designated public improvements as conditioned by City Council
Resolution No. 05-12-20-02, as modified or amended by City Council Resolution Nos. 06-07-03-07,
06-11-21-03, 07-04-17-03, 08-09-16-05 and 09-03-17-07
WHEREAS, said Principal is required to furnish a bond for the faithful
performance to guarantee certain work, more particularly described as follows:
Precise Grading Permit No. B14-0700 and Encroachment Permit No. E14-0056
Improvements at 32281 Del Obispo St., San Juan Capistrano, CA
Oliva Subdivision for Tentative Tract Map (TTM) 16146
NOW, THEREFORE, we, the Principal are held firmly bound unto the City of San
Juan Capistrano, (hereafter called "Obligee") in the penal sum of
Two Million Four Hundred Twenty-Eight Thousand & No/100 Dollars, ($2,428,000.00 )
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 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 11th , day of August
2014 , at Orange , California.
SURETY PRINCIPAL
Philadelphia Indemnity Insurance Company TNHC San Juan LLC,a Delaware Limited Liabilty Company
BY:The New Home Company Southern California LLC,
a Delaware Limited Liability Company
By:
Todd M Rohm,Attorney-in-Fact (NOTARIZATION D SEAL)
APPROVED A.TO F• M'
r
Byr4, ,
.
Hans Van Ligte , - • • orney
Page 2 of 2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
-ca, r...,,•.AX.AX .:<:.:,:tirz<.44:44: c i> Ci .r < #Sc7.: is4i`t.;><c:;r4;ist:l:•G<> :C 't,Or.ti` [ c:
STATE OF CALIFORNIA
County of Los Angeles
On August 11th, 2014 before me, Susan E. Morales, Notary Public
Date — - .!:-:. : .,:'4,r,., ,,r;Nicit rhaoirx,
personairy appeared Todd M. Rohm
,i.,,6.-ii cf S gnerl53
who proved to rne on the basis of satisfactory evidence to
be the persons whose narnettA isi its subscribed to the
within instrument and acknowledged to me that helblmt tfIty
executed the same in hisrtttrP0)mi(authorized capacity
and that by hisfl f(l px signature(*) on the instrument the
person(x), or the entity upon behalf of which the person(�i)
'`��•" `iJSAf�{ �=• MORALrwl**************************410
acted,executed the instrument.
,j, , CONI 1-^. # 1930723
z I certify under PENALTY OF PERJURY under the laws of
_ �;,�- - votr.�rat;a;.fc-cAttFOR,v►t�?
`'rte. +OS,=;t�<: I E3 COUNTY"A
the State of California that the foregoing paragraph is true
1.......
My Comm.cxr.;,es March 28,ZOtS and correct.
Witness my hand and official Seal /7
Signature _ -n &a M 07 .I�i' /
,,,,..._s r4'J y Saai Abcve ...nailed.s`ZJcrar;
OPTIONAL Susan E. Morales, Notary Public
Though the information below is not required by law it may prove valuable to persons relying on the docunre.nt
and could prevent fraudulent removal and reattachment of this form to another document,
Description of Attached Document
Title Or Type of Document: Subdivision Performance Bond#PB02497500121
Document Date: May 11th, 2014 Number of Pages: 2
Signer(s) Other Than Named Above: None
Cepacity(iecs)Claimed by Signer(s)
Signer's Name: Todd M. Rohm Signer's Name: T.
E individual LI individual
0 Corporate Officer—Titie(s): 0 Corporate Officer—Titie(s): _____
,7 Partner i i Limited-ited! 'Gere ai C Partner—C Limited Ii Gane:ai
Attorney in Fact RIGHTTHMIBPRINT Li Attorney in Fact RIGHTTHUMBPRINT
Trustee OF SIGNER _ Trustee OF SIGNER
_= Guardian or Conservator Top of thumb herb C Guardian or Conservator I Top of thumb here i
_j Other: i L a Other: 1
Signer is Representing: i Signer Is Representing:
i
Philadelphia Indemnity j
, I
Insurance Company
-•,,,.;:.-e..,Gtec r c:r�i;f7,,,;r c,x;‹,<4.<;, e-2FRA 4MCAXA IM i:G4`•ifiCZ^-C`.2' i `KV
.. - .,, ,. �., - ,.... .. ... '-!::e ::i2•„ ;,.. .,r 17. ..-.-v�Z r.."f?,r;r.dW:r-.,4-.."a i'�•a ? r,-r,-,e ..aq,i•i'isq,-%{Crr�--'S:.,
r � PHILADELPHIA
.r INSURANCE COMPANIES
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 COMPANY(the Company),a corporation organized and
existing under the laws of the Commonwealth of Pennsylvania,does hereby constitute and appoint: TODD M.ROHM,CHERYL L.THOMAS,D.J.
PICARD AND BEATA A.SENSI OF ROHM INSURANCE AGENCY
Its true and lawful Attorney(s)in fact with full authority to execute on its behalf bonds,undertakings,recognizances 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$5,000,000.00.
this Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the t'ollowing Resolution adopted by the Board of Directors of
PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I day of July,20I 1
RESOLVED: That the Board of'Directors hereby authorizes the President or any Vice President of the
Company to: (I) Appoint Attorney(s) in Fact and authorize the Attomey(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 Attorney-in-Fact and revoke the
authority given And,be it
FURTHER
RESOI,VED: 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 arty 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 INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND
ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS l8r"DAY OF JULY,2011
c,S, 1c:.M... /1%
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19
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s uu • - Pres'_ t__
_�� ••�NNSrL���v� O:�
. •., .,. Christopher J Maguire
t '
,..r, •# gN,,.,. President Philadelphia Indemnity Insurance Company;a Pennsylvania Corporation.
AyrN.Np...
On this 18'day of July 2011,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
Corporate seal of said Company;that the said Corporate Seal and his signature were duly affixed
COMMONWEALTH OF PENNSYLVANIA .
No;arlal Seal
• Kimberly A.KesCeeki,NotaryPuMlc --- It
Lower Merlon Twp.,Moniyomery County Nail"
My Commission Expires Deo.18,2012 ,.i.-
Mamber. •ennoytvsnls AsaedaVon of No"
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 on this I8r"day of July 2011 are true and correct and are still
in lull force and effect I do further certify that Christopher J Maguire,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 I have subscribed my name and affixed the facsimile seal of each Company this 11 th day of August 2014
Cr eller
Executive Vice President.Chief Financial Officer&Secretary
ACKNOWLEDGMENT
State of California
County of Orange
On August 12, 2014 before me, Lori Michel, Notary Public
(insert name and title of the officer)
personally appeared
Thomas Redwitz
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 State of California that the foregoing
paragraph is true and correct.
4411W16,:',„
� LORI RI Commission#2030519
WITNESS my hand and official seal. a " -c6oi Notary Public•California
Z yati Orange County
i` 1 M Comm.Ex fires JuI 20,2017
Signature \' (Seal)
1
EXECUTED IN TRIPLICATE Bond No.: PB02497500121
Premium included with
the Performance Bond
SUBDIVISION LABOR AND MATERIAL BOND
(GOVERNMENT CODE 66499.2)
KNOW ALL MEN BY THESE PRESENTS, that TNHC San Juan LLC,
a Delaware Limited Liabilty Company (hereafter designated as "Principal"), agrees to install
and complete certain designated public improvements more particularly described as
follows:
Precise Grading Permit No. B14-0700 and Encroachment Permit No. E14-0056
Improvements at 32281 Del Obispo St., San Juan Capistrano, CA
Oliva Subdivision for Tentative Tract Map(TTM) 16146
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
Two Million Four Hundred Twenty-Eight Thousand & No/1 00 Dollars, ($2,428,000.00 ) 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. 05-12-20-02, * 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
*as modified or amended by City Council Resolution Nos.06-07-03-07,
06-11-21-03, 07-04-17-03,08-09-16-05 and 09-03-17-07
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 11th day of August
2014 , 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
SURETY PRINCIPAL
Philadelphia Indemnity Insurance Company TNHC San Juan LLC,a Delaware Limited Liabilty Company
BY:The New Home Company Southern California LLC,
a Delaware Limited Liability Company
BY: {
Todd M. Rohm,Attorney-in-Fact (NORTARIZATION A SEAL)
APPROVED AS ' 0 M:
B ..1Al-tL
Hans Van Ligt- Attorney
NOTE: Please attach
Acknowledgement and
Power of Attorney
Page 3 of 3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
.' ": :kx.4.4-c.k. kCi> :.r,^-4.4:4(--eXcA;` :447," C E. :'�'Ai.1'.i:<i. .;c4.•- x.<... ;ec: :CiCOW,4:'`L i :.x":1%i:4»F:C
STATE OF CALIFORNIA
County of Los Angeles }
On August 11th, 2014 before me, Susan E. Morales, Notary Public
Oa.. Hurd Inaart Nt.r.'.e ynd rVe of ha G":car
personally appeared Todd M. Rohm
- — `l m si Cr 5"yner(;1
who proved to me on the basis of satisfactory evidence to
be the person whose namet,$) isialt3t subscribed to the
within instrument and acknowledged to me that hefretze%00
executed the sante In hislfm�itpeir authorized capacity(,
SUSAN E. MORALES and that;,�y his/tg( iz signature(*) on the instrument tit),
COPS; . # 1830723 personf.R), or the.•entity upon behalf of which the person%)
f
" , z
z 'twg��'-d` ��'r,?Y PUBLIC-CALIFORNIA acted. executed the instrument.
—� LOS 4'd es WLE3 COUNTY I certify under PENALTY OF PERJURY under the laws of
My Co, �s March 28,?_O15 the State of California that the foregoing a->N and correct. g g paragraph is true
Witness my hand and official seal /�
Signature ae `' ., �
Pfd:.rrstaty 9aai Abma v ratura f Nct r
OPTIONAL Susan E. Morales, Notary 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: Subdivision Payment Bond#PB02497500121
Document Date: May 11th, 2014 Number of Pages: 3
Signers) Other Than Named Above: None
Capacity(ism)Claimed by Signer(s)
Signer's Name: Todd M. Rohm Signer's Name:
C individual L Individual
i Corporate Officer—Titie(s):. n Corporate Officer—Title(s):
Partner--- [i Limited i General C Partner—IJ Limited-_i Granerai
r Attorney In Fact RIGHTTHIJn1BPRINT Li Attorney in Fact RIGHTTHUMBPRINT
Trustee OF SIGNER Trustee OF SIGNER
Guardian or Conservator Top of thumb here E Guardian or Conservator 1 Top et thumb fere
L; Other I `i Other: ,
Signer Is Representing: Signer Is Reprosenrng:
PhiIadalphia Inrir mnity I I I
i
Insurance Company_ _ . !
� i. ... ,L. ,. . , •S", 1:1_ ,.. . ,--..F:. >,.. ,-. . ,., .... ,r.J , .i.`f� . t+4 d.hy ice. i .. r,:.�e .,:1 �.SEs t-8CU-8?9-3627
PHILADELPHIA
INSURANCE COMPANIES
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 COMPANY(the Company),a corporation organized and
existing under the laws of the Commonwealth of Pennsylvania,does hereby constitute and appoint TODD NI.ROHM,CHERYL L.THOMAS,D.J.
PICARD AND BEATA A.SENSI OF ROHM INSURANCE AGENCY
Its true and lawful Attorney(s)in fact with full authority to execute on its behalf bonds,undertakings,recognizances 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$5,000,000.00
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
PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the 11'day of July,2011
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the
Company to: (I) Appoint Attorney(s) in Fact and authorize the Attorney(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 Attorney-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 INDEMNITY INSURANCE COMPANY HAS CAUSED CBIS INSTRUMENT TO BE SIGNED AND
ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 18TH DAY OF JULY,2011
°ao�MNV.. •
g:�pµPORArf,r •
SG 'i
1927 n'E Presid t
71.t j tVgyv rNs�t O
i Christopher J Maguire
�'•ry� `,,.' 1;"1,Na,`� President Philadelphia Indemnity Insurance Company,a Pennsylvania Corporation
On this 18r"day of July 2011,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
Corporate seal of said Company;that the said Corporate Seal and his signature were duly affixed
•
COMMONWEALTH OF PENNSYLVANIA '
fik
Notarial Seel
Klmbedy P..Kesstattl,Notary Pudic I . Age !♦W
Lower Merlon Twp.,Montgomery County ' lir V 1
My Conimlaaion Expiroa Oen.19,2012 j ,d '!�►
Member.Pennsylvenle!asock)Uon or Nalene*
I,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 on this 18TH day of July 201 tare true and correct and are still
in full force and effect.I do further certify that Christopher J Maguire,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 I have subscribed my-lame and affixed the facsimile seal of each Company this 11th day of August 2014
•
C eller
Executive Vice President,Chief Financial Officer&Secretary
ACKNOWLEDGMENT
State of California
County of Orange
On August 12, 2014 before me, Lori Michel, Notary Public
(insert name and title of the officer)
personally appeared Thomas Redwitz
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 State of California that the foregoing
paragraph is true and correct.
...,, LORI MICHEL
S Commission#2030519
WITNESS my hand and official seal. i `?• Notary Public -California
f Z 471 Orange County
?Az Comm. Expires Jul 20,2(A
Signature 1 A ! )) \S (Seal)
�-'1' PHILADELPHIA
alW, INSURANCE COMPANIES
A Member of the Tokio Marine Group
EXECUTED IN TRIPLICATE Bond Number: PB 02497500121
ENDORSEMENT
To be attached to and form a part of Subdivision Faithful Performance & Subdivision Labor and
Material Bond, issued by the undersigned company, as Surety on behalf of TIN`HC San Juan LLC, a
Delaware Limited Liability Company as Principal, in favor of City of San Juan Capistrano as
Obligee,
Effective August 11, 2014, the Principal and the Surety hereby agree to amend the attached bond as
follows:
Subdivision Faithful Performance Bond and Subdivision Labor and Material Bond issued
with the Grading Surety Agreement also apply to the Subdivision Imporvement Agreement.
All else remains the same.
Provided that the liability under this endorsement shall be part of, and not in addition to, the liability
under the attached Bond,and in no event shall be cumulative.
Nothing herein contained shall vary, alter or extend any of the provisions, conditions, or other terms of
this bond except as above stated.
SIGNED,SEALED,DATED:August 11,2014
TNHC San Juan LLC,a Delaware Limited Liability Philadelphia Indemnity Insurance Companies
Company By:The New Home Company Southern (Surety)
California LLC,a Delaware Limited Liability Cornpany
By:
By:
Todd M.Rohm,Attorney In Fact
City of San Juan Capistrano
(Obligee)
By: i`---
Obligee:Please sign endorsement and return to our office
Endorsement Number:1
DIRECT CORRESPONDENCE TO:
Philadelphia Insurance Companies,251 S.Lake Avenue,Suite 360 Pasadena CA 91101
PHONE(626)639-1326
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Los Angeles }
Or, August 11th,2014 _ before me, Susan E. Morales, Notary Public
0 ea '. , ... . .,,,nct r,re ot etc'
personally appeared Todd M. Rohm
Who proved to me on the basis of satiafactory evidence to
be the persona) whose namet% Istalydt subscribed to the
within instrument and acknowledged to me that hefial*V*aj(
,yr w��+anwvr ^ executed the same in hislfmt bttarair authorized capacny(jmp
SUSAN MORALES and that by hisllmi( px sIgnature(s)on the instrument the
,,, rson(x), or the entity upon behalf ot which the person(s)
d '� COMM.t. # 193G723 z
-. acted,executed the instrument.
.`:"'y *NO1ARY PUBLIC-CALIFORMI
Z "{.'• L'J::,'+`ri,.=L:3 r'OUNT'( I certify under PENALTY OF PERJURY under the laws of
My :,,.,., ,.. ,_Mcirch 20,2055 the State of California that the foregoing paragraph is true
p .-.v ►+�+ and correct.
Witness my hand and official seal
Signature cpm • ��,, /
t'lar3 Plotafy 94af Abc a S. latus^f New/-....0
OPTIONAL Susan E. Morales, Notary 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: Endorsement Bond #PB02497500121
Document Date: May 11th,2014 Number of Pages: 1
Signer(s) Other Than Named Above: None
Capacity(ies)Claimed by Signer(s)
Signer's Name: Todd M. Rohm Signer's Name:
E Individual D Individual
D Corporate Officer—Titie(s): E Corporate Officer—Titie(s):__.
' Partner—Ti Limited '.General 1 i Partner----;Limited Gere li
7 Attorney +n pact RIGHTTHUMBPRtNT Li Attorney in Fact RIGHTTHUMBPRINT
' Trustee OF SIGNER [_ Trustee OF SIGNER
i': Guardian or Conservator Top of thumb here i; Guardian or Consorvator i Top of thumb here
i Other' I ❑ Other: i
i
Signer is Representing: Signer Is Representing: '
PhiladPiphiaJprtpmnity
hasurance CompanT �._ _ _ i
�, .. fi 1 r I r 1 - F le I 1 7 t
.1�.1i -.3'.I•.a •'lL.a .._..c .. •TR) �.. r.d (:J !i' _ . i. . �, i.. a �
11 i _.:1� .... .. , .f'• 1'c i r. :'t- a'l� f ...�I I.:r(�`Jb "i•i:�•�_.
Et PHILADELPHIA
INSURANCE COMPANIES
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 COMPANY(the Company),a corporation organized and
existing under the laws of the Commonwealth of Pennsylvania,does hereby constitute and appoints TODD M.ROHM,CHERYL L.THOMAS,D.J.
PICARD AND BEATA A.SENSI OF ROHM INSURANCE AGENCY
Its true and lawful Attorney(s)in fact with full authority to execute on Its behalf bonds,undertakings,recognizances 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$5,000,000.00.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of
PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I I ih day of July,2011
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the
Company to. (I) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to
execute on behalf of the Company bonds and undertakings, contracts of indemnity and
other writings obligatory in the nature thereof and to attach the seal of the Company
thereto, and (2) to remove, at any time, any such Attorney-in-Fact and revoke the
authority given And,be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any
such Power of Attorney or certificate relating thereto by facsimile,and any such Power of
Attorney so executed and certified by facsimile signatures and facsimile seal shall be
valid and biding upon the Company in the future with the respect to any bond or
undertaking to which it is attached
IN TESTIMONY WHEREOF,PHILADELPHIA INDENLNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND
• ITS CORPORATE SEAL-l0 BE AFFIXED BY ITS AUTHORIZED OFFICE THIS I8T"DAY OF JULY,2011
. j$IfY��'r4,��
:pPpOnAlF7se • %,A.
Wiz';
192
OEC t►vp'• n
1.s Hsriat' O.
.4,÷e/
y '•. ,.•• ..4. Christopher 1 Maguire
•,,tea • President Philadelphia Indemnity Insurance Company,a Pennsylvania Corporation
��r��•rn,n►.....
On this 18T"day of July 2011,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
Corporate seal of said Company;that the said Corporate Seal and his signature were duly affixed
COMMONWEALTH OF PENNSYLVANIA t
Nouirtal Seal
Klmtwitr 4.Krise:eik,Notary Public i
tower Mellon Twp.,Montgomery County
My Commieeten Expires Ileo,18,2012 ,of�., ,:171,
Member,Pennsylvania Anatolian Of Notarfea
1,Craig P teller,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 on this I8r"day of July 201 Tare true and correct and are still
in full force and effect.I do further certify that Christopher J Maguire,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 I have subscribed my name and affixed the facsimile seal of each Company this 11th day of August 2014
Cr eller
Executive Vice President,Chief Financial Officer&Secretary
ACKNOWLEDGMENT
State of California
County of Orange
On August 12, 2014 before me, Lori Michel, Notary Public
(insert name and title of the officer)
personally appeared Thomas Redwitz
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 State of California that the foregoing
paragraph is true and correct.
LORI MICHEL
.,Vi Commission#2030519
WITNESS my and and official seal. a. ,, _.w.,, it Notary Public .California•
' !.'17V, Orange County
` `` Mr Comm. Ex�Ires Jul 20,2017
Signature (Seal)