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21-0113_TNHC SAN JUAN LLC_Bond Release Letter32400 PASEO ADELANTO rf i SAN JUAN CAPISTRANO, CA 92675 (949) 493.1171 ryw`�� y 1 jI m[osaalkl[eJ (949) 493-1053 FAX fSTA9LISHfO V Y �gs� ■ www.sanjuancapistrano.org January 13, 2021 Philadelphia Indemnity Insurance Company One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004 MEMBERS OF THE CITY COUNCIL TROY BOURNE SERGIO FARIAS HOWARD HART DEREK REEVE JOHN TAYLOR Re: Release of Bonds — TNHC San Juan LLC — On -Site and Off -Site Improvements for Tracts 16146 17655 and 17713 Dear Sir or Madam: This letter is to inform you that the following bonds issued to TNHC San Juan LLC on-site and off-site Improvements for Tracts 16146, 17655 and 17713 - Oliva Development, are officially released as of January 13, 2021. BOND NO. PB02497500070 PB02497500123 PB02497500125 PB02497500168 PB02497500201 PB02497500204 PB02497500205 PB02497500206 PB02497500230 PB02497500202 PB02497500203 PURPOSE Rough Grading Plan TTM 16146 Landscape & Irrigation FTM 17713 (portion of TTM 16146) Monumentation FTM 17713 (portion of TTM 16146) Precise Grading TR 17713 Street Improvements TR 17655 Drainage Improvements TR 17655 Landscape & Irrigation TR 17655 Monumentation TR 17655 Rough Grading TR 17655 Water TR 17655 Sewer TR 17655 ORIGINAL AMOUNT $ 1,438,800.00 $ 1,774,000.00 $ 24,000.00 $ 130,576.05 $ 204,000.00 $ 247,000.00 $ 918,000.00 $ 13, 000.00 $ 378,020.00 $ 142,000.00 $ 143,000.00 The City of San Juan Capistrano hereby fully and forever releases and discharges Philadelphia Indemnity Insurance Company from any and all liability under the abovementioned bond number. The original — released — documents, recorded notice of completion and Resolution 20-12-07-07 are enclosed. If you have any questions, please do not hesitate to call me at (949) 443-6310. Si hriEJ'ak, CM Assistant City Clerk Enclosures as noted cc: Thomas Toman, Public Works Director; Joe Parco, City Engineer; Jeremy Hohnbaum, Senior Civil Engineer; and Madison LaScalza, Engineering and Planning Technician San Juan Capistrano: Preserving the Past to Enhance the Future 0 Printed on 100% recycled paper RECORDED AT REQUEST OF AND RETURN TO: City of San Juan Capistrano City Clerk's Office 32400 Paseo Adelanto San Juan Capistrano, CA 92657 RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 27383 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 1�1 II 11 11111 �] 1111SII II NO FEE *$ R 0 0 1 2 3 2 4 6 9 1$* 202000072315710:49 am 12109120 65 RW10A N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 Christy Jakl, Assistant City Clerk San Juan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that on March 3, 2015, Subdivision Improvement Agreements were entered into by the City of San Juan Capistrano and The New Home Company San Juan LLC, a Delaware LLC, for the construction of on-site and off-site improvements relating to the development of Tract 16146, 17655 and 17713 (Oliva Subdivision) in San Juan Capistrano. That said work was completed on November 14, 2018, by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano, as the owner, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, at a regular meeting thereof held on the 7th day of December 2020 by Resolution No. 20-12-07-07. That upon said contract, Philadelphia Indemnity Insurance Company was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this 77dly(7'. of ecember 02 ..X Chrisfy Jak.l, Assis ant g y -Cl rk City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, CHRISTY JAKL, the duly appointed and qualified Assistant City Clerk of the City Council of the City of San Juan Capistrano, California, DO HEREBY CERTIFY, under penalty of perjury that 1) 1 have read the foregoing document and know the contents thereof, and the facts therein state are true of my own knowledge; 2) I declare the forgoing is true and correct; and 3) the foregoing Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said Assistant City Clerk. Dated at San Juan Capistrano, California, this 7thaTD ce r 20. Chr ty__Ja'kl, As istart ity Clerk, City of San Juan Capistrano RESOLUTION NO. 20-12-07-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DETERMINING COMPLETION OF WORK IN ACCORDANCE WITH APPROVED PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF ON-SITE AND OFF-SITE IMPROVEMENTS ASSOCIATED WITH TRACT 16146, 17655 and 17713 OLIVA RESIDENTIAL DEVELOPMENT (APPLICANT: THE NEW HOME COMPANY SAN JUAN LLC, A DELAWARE LLC) WHEREAS, on December 20, 2005, the City Council adopted Resolution No. 05- 12-20-02 conditionally approving Vesting Tentative Tract Map 16146 for a 31 -lot residential subdivision on 16.14 acres of land owned by Martin E. and Marion E. Scalzo Family 1987 Trust ("Owner"). In 2013, The New Home Company ("Applicant"/"Subdivider") purchased a portion of the Tentative Tract Map (TTM) 16146 known as the Oliva Subdivision (formerly known as Belladonna Estates) from the Owner. After the transfer TTM 16146 was subdivided into three Final Tract Maps 16146, 17655, and 17713, and recorded with associated Subdivision Improvement Agreements which included conditions for on-site and off-site improvements; and, WHEREAS, The New Home Company San Juan LLC, a Delaware LLC, the current developer of Tract 16146, 17655 and 17713 has requested that the City determine that such on-site and off-site improvements are completed and the corresponding remaining surety bonds be released accordingly. The surety release is as follows: SURETY COVERAGE (Philadelphia Indemnity Insurance Company) Bond Number T pe of Improvement Bond Amount PB02497500070 PB02497500123 PB02497500125 PB02497500168 PB02497500201 PB02497500204 PB02497500205 PB02497500206 PB02497500230 PB02497500121 PB02497500202 PB02497500203 Rough Grading Landscape and Irrigation Monumentation Precise Grading Street Improvements Drainage Improvements Landscape and Irrigation Monumentation Rough Grading Street/Water/Sewer/Drainage jr. 17713) Water jr. 17655) Sewer jr. 17655) Total Bond Amount $ 1,438,800.00 $ 1,744,000.00 $ 24,000.00 $ 130,576.05 $ 204,000.00 $ 247,000.00 $ 918,000.00 $ 13,000.00 $ 378,020.00 $ 2,428,000.00 $ 142,000.00 S 143,000.00 $ 7,810,396.05 12/7/2020 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano as follows: SECTION 1. That the improvement work required to be performed by said developer has been completed and approved. SECTION 2. That the completed work with a value of $7,810,396.05 is accepted. SECTION 3. That the sureties described in the chart above may be released accordingly. PASSED, APPROVED, AND ADOPTED this 7th day of December 2020. jn14KftAYLOR, MAYOR STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, Maria Morris, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 20-12-07-07 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 7th day of December 2020, by the following vote: AYES, COUNCIL MEMBERS: Hart, Bourne, Farias, Reeve and Mayor Taylor NOEPO � NCIL MEMBERS: None ABSEN •-bQ NCIL MEMBERS: None 11 T i li i i'! iT[* IMM 2 12/7/2020 ORIGIN -AL BOND NO. PB02497500070 PREMIUM: $21,582.00 (TWO YEAR TERM) RELEASED Date: Signat re: City Clerk City of San 3 n pistr no SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.2) KNOW ALL MEN BY THESE PRESENTS, that TNHC SAN JUAN LLC, A DELAWARE LIMITED LIABILITY COMPANY (hereafter designated as "Principal'), agrees to install and complete certain designated public improvements as conditioned by City Council Resolution No. WHEREAS, said Principal is required to furnish a bond for the faithful performance to guarantee certain work, more particularly described as follows: ROUGH GRADING PLAN - OLIVA SUBDIVISION (TTM 16146) _ ING PERMIT NO. B13-1105 NOW, THEREFORE, we, the Principal are held firmly bound unto the City of San Juan Capistrano, (hereafter called "Obligee") in the penal sum of ONE MILLION FOUR HUNDRED THIRTY-EIGHT THOUSAND EIGHT HUNDRED AND NO/100 Dollars, ($ 1,438,800.00 ) 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 2JORIGlIVAL 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 17TH day of 20 14 ^, at ORANGE SURETY PHILADELPHIA INDEMNITY INSURANCE COMPANY BY: D.J. PICARD, A ❑ NEY-IN-FACT APPROVEDTO F M: ay �► Hans Van Ligte , rney MARCH , California. PRINCIPAL TNHC SAN JUAN LLC, A DELAWARE LIMITED LIABLITY COMPANY AYDELAWAREELIMITEDHOME COLIIABILIPANY TY COMPANYOUTHERN ALIFORNIA LLC, (NOTARIZATION AND SEAL) Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT PRIG11U STATE OF CALIFORNIA Country of ORANGE On MARCH 17, 2014 before me, CHERYL L. TH MAS NOTARY PUBLIC Date Here Insert Name and Title of the 01'cer personally appeared D.J. PICARD Narne3r.l of Signer;$) CHERYL L. THOMAS Commission # 2024353 z I_n� • �a Notary Public - California Orange County - My Comm. Expires May 12, 2017 who proved to me on the basis of satisfactory evidence to be the person(a) whose namB$s� islamxsubscribed to the within instrument and acknowledged to me that he/Ay executed the same in his&a� k authorized capacibff t, and that by Nskt i signature( on the instrument the person(s), or the entity upon behalf of which the person(z) 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 seat. Signature -- /-►�•_ _ Place Notar.• Seal Above S;gna:Ore of hiotary P tbYfc 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. Description of Attached Document Title or Type of Document: SUBDIVISION FAITHFUL PERFORMANCE BOND Document Date: MARCH 17, 2014 Signer(s) Other Than Named Above: _ Capacity Claimed by Signer Signer's Name: D.J. PICARD Individual Corporate Officer—Title(s): ❑ Partner '_i Limited! General Attorney in Fact Trustee II Guardian or Conservator Top of thumb here I_I Other: " Signer Is Representing: PHILADELPHIA INDEMNITY INSURANCE COMPANY Number of Pages:_" . 2 " . Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s)_ ❑ Partner—1 Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: a 2007 National Notary Assc�ation - 9350 De So -to Ave.: P.O. Box 2402 - C:^:a's,vortn, CA. 91313-2402 • wr,w_N1aflona!Nora.r/.org €ter #5907 Reorder: Call Tall -Free E-800-876-6827 PHILADELPHIA INSURANCE COMPANIES :V Member oft he fnkio >iniinn Group 1� �f4 %r� PHILADELPHIA INDEMNITY INSURANCE COMPANY V 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 following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I Ph day of July, 2011. RESOLVED: That the Board of Directors hereby aul;horizes the President or any Vice President of the Company to: (1) 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 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 Attorrley 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 18TH DAY OF JULY, 2011. On this 18TH 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 NCIM218ae1 idmlodyA. !(eaataW, Rots fYPUNIC rower Afalon 7wp., Montgomery County My cornmlaaton Fa plsas 6, 2012 Aid mbar. Pennsyivania AS 3OMt 9n V F4VWIWA 1, Craig R Keller, Executive Vice President. Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do derby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 1 SP day of July 2011 are true and correct and are still in full force and effect. l do further certify that Christopher J. Maguire, who executed the Power of Attomey 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 17TH day of MARCH 2014. C;4 eller Executive Vice President, Chief Financial Officer & Secretary et EtP0RAT act= t 19_2 7 m = President ya�M1` Christopher J. Maguire . •... I.. • ........ President Philadelphia Indemnity Insurance Company, a Pennsylvania Corporation. On this 18TH 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 NCIM218ae1 idmlodyA. !(eaataW, Rots fYPUNIC rower Afalon 7wp., Montgomery County My cornmlaaton Fa plsas 6, 2012 Aid mbar. Pennsyivania AS 3OMt 9n V F4VWIWA 1, Craig R Keller, Executive Vice President. Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do derby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 1 SP day of July 2011 are true and correct and are still in full force and effect. l do further certify that Christopher J. Maguire, who executed the Power of Attomey 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 17TH day of MARCH 2014. C;4 eller Executive Vice President, Chief Financial Officer & Secretary �OPISINZ RELEASED pate: Sign at City Clerkt3nintra o, City of SanP SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE 66499.2) KNOW ALL MEN BY THESE PRESENTS, that TNHC SAN JUAN LLC, A DELAWARE LIMITED LIABILITY COMPANY (hereafter designated as "Principal'), agrees to install and complete certain designated public improvements more particularly described as follows: ROUGH GRADING PLAN - OLIVA SUBDIVISION (TTM 16146 GRADING PERMIT NO. B13-1105 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 ONE MILLION FOUR HUNDRED THIRTY-EIGHT THOUSAND EIGHT HUNDRED AND NO/100 Dollars, ($1,438,800.00 ) 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 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 17TH day of MARCH 20 14 , 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 LIABILITY COMPANY BY: THE NEW HOME COMPANY SOUTHERN CALIFORNIA LLC, A DELAWARE ITED LI ILITY COMPANY I D.J. PICARD, ATTOR Y -IN -FACT (NORTARIZATION AND SEAL) APPROVED AS TO FORM' Haas Van NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 11G1 STATE OF CALIFORNIA County of ORANGE _ On MARCH 17, 2014 Date before me, CHERYL L. THOMAS NOTARY PUBLIC Here Insert Name and Title of the Officer personally appeared D.J. PICARD Named of Signer) CHERYL L. THOMAS Commission # 2024353 Notal v Public - California 2 Z r f Orange County n My Comm. Expires May 12, 2017 f Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(a) whose name* isl>axemubscribed to the within instrument and acknowledged to me that helms+ executed the same in h1s&mi&46t authorized capacityf and that by his&1,0jkxk signature(* on the instrument the persons), or the entity upon behalf of which the person(z) 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. Signature_ P -Ab Ic 111�1. �-fyy .ILI -- Signa�re of Kotary Public 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. Description of Attached Document Title or Type of Document: SUBDIVISION LABOR AND MATERIAL BOND Document Date: MARCH 17, 2014 Signer(s) Other Than Named Above:_ CapacityOWA Claimed by Signer Signer's Name: D.J. PICARD ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner Limited ❑ General G Attorney in Fact –I ❑ Guardian or Conservator Top of thumb here r Other: Signer Is Representing: PHILADELPHIA INDEMNITY INSURANCE COMPANY Number of Pages: -- Signer's Name: ❑ Individual ❑ Corporate Officer—Titles) ❑ Partner— Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ other: Signer Is Representing: 3 2067 Natmna€ Notary Assa-latier. • 9356 Ce Soto Ave., P.O. Box 2402 • CF:ascorth, CA 91313-2402 • w, w,-Na!ien,INafa,,?.orc Item #5907 Reorder: Call Toll-Fr_e I-900-Si6 DB2? Ej PHILADELPHIA INSURANCE COMPANIES A',Wvn1vr of the Tokio blariuo Gmup 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 frill authority to execute on its behalf bonds, undertakings, recognisances 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 ofAttorney 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 Ph day of July, 2011. RESOLVED: That the Board of Directors hereby auilhorizes the President or any Vice President of the Company to: (1) 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 THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 18TH DAY OF JULY, 2011, M = presidrn[ cu,[ O d °F ! t r� n�'BYLdp '•, i� yam,+ Christopher J. Maguire y #' ' �ad�; ' President Philadelphia Indemnity Insurance Company, a Pennsylvania Corporation. +�+LrunnNf�+'1 On this 181`14 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 Natal121 SUI Iftbedy X Keuletkl, Notary PuIAQ Lower Marlon Twp,, Manitiomary County nsy Co om[ulon EWiv3 Deo. 4 2012 �at hlartaber, pennaylvanla association 04 NOW1108 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 I ST" day of July 2011 are 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 have subscribed my name and affixed the facsimile seal of each Company this 17TH day of MARCH 2014 C . eller Executive Vice President, Chief Financial Officer & Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of V\rli c f On � '' � I I L . before me, [Date] personally appeared, m!C 1r 1-1 . ' Lf A��i If [Name of Notary Public and Title "Notary Public"] [Name(s) of signer(s)] who proved to me on the basis of satisfactory evidence to be the persono whose namevA"9)� su cribed to the within instrument and acknowledged to me that he/she/they executed the same in Us3hefAheir authorized capacity(j4, and that by airereir signatureton the instrument the person{, or the entity upon behalf of which the person(4 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. signature of Notary Public PA� LORI MICHE Cion #E 20 0619 16 I►a'r#rlYPVbbk-��Il"a _`� CCU* µ,ND 2417 (seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT � State of California t o il'G/N f County oJ 4( On wmh S � � 4 _before me, [Date] - personally appeared [Name of Notary Public and Tide "Notary [Name(s) of signer(s)] �_r �t)6f, who proved to me on the basis of satisfactory evidence to be the person{ whose name} to subscribed to the within instrument and acknowledged tome that dj,s y executed the same in is eir authorized capacity(**), and that by hef/lheir signature(o'bn 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. WI Smy hand and official seal. 6m.EX NCHEL # "J30519 e - California Z �.J ,, y �/A Cul 20, 2017 Signature of Notary Public (seal) LORI MICHEL Commission # 2030519 IS—Mycomm. Notary Public - California z. Orange County ' Ex ices Jul20, 2017 RELEASE® Date: Bond No.: PB02497500123 EXECUTED IN TRIPLICATE Signat 1 Premium: $26,610.00/2 yrs. City Clerk City of San 1u n C pistra a, 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 & 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: Oliva Subdivision FTM 17713 (A portion of TTM 16146) - Exhibit F - Landscape & Irrigation NOW, THEREFORE, we, the Principal are held firmly bound unto the City of San Juan Capistrano, (hereafter called "Obligee") in the penal sum of One Million Seven Hundred Seventy -Four Thousand & No/100ths Dollars, ($1,774,000.00 ) 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 22nd day of August 2014 , at Orange , California. SURETY PRINCIPAL Philadelphia Indemnity Insurance Company TNHC San Juan LLC, a Delaware Limited Company By: The New Home Company Southern California LLC, a Delaware Limited Liability Company By. — D. J. Picard, Attorney ih-Fact (NOTARIZATION AN SEAL) APPROVED AS TO FORM: By 1 Hans Van Ligten, City Attorney Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Los Angeles On August 22, 2014 Date before fire, Susan E. Morales, Notary Public Hare in -W: tdcsran_ srrl file M dim alf:nr personally appeared D.J. Picard Ma,-.e.,sj c' �_ arler*,a] ss��srar•:aa�r•�,�.�a�.a4.��se a�m�. SUSANI E. lVlteALEu w ACY <. �` Cofv', :, # 1930723 z f 's-� ", •k . ��"•S � Wu+r.��-Y nt�s�3v - cAz.�.=.� ttvr;, naavaa •r1,rk� C417Trr. x,:i:s !N:�rci zs, ?_Qi iIZ. Piaci Notary Sail Abc-,'e who proved to me.cn the basis of satisfactory evidence to be the person{ whose namegX is/an subscribed to the within instrument and acknowledged to me that heMxaNxMY executed the same in hW ft4hok authorfzed capactty(tM�, and that by his/M0(M*X signaturefx) on the instrument the person(%), or the entity upon behalt of which the person(x) acted, executed the instrument. I certify under PENALTY OF PERJURY under the lases of the State of California that the foregoing paragraph is true and correct. Witness my hand and officialseal Signature L400A"n `tY . }cry . SI%sale ra C`. NC `ar,• F �,o :t� OPTIONAL Susan E. Morales, Notary Public Thciigh the information below is not mqubwd by law. it may prove Ilaivat.7le ro persons relying on the document and could prevent fraudulent removal and reattachment of this for,^i to another document. Description of Attaches! Document Title or Type of Document_ Bond #PB02497500123 Document Date: August 22, 2014 Number of Pages: 2 Sfgner(s) Other Than Named Above: None Gapacity(iw) Claimed by Signer(s) Signers Name: D.J. Picard :Individual — --� Corporate Officer — Title( s�: ? Partner — L1 Limited !___', General fX Attorney in Pact Trustee i Guardian or Conserratcr -= Other: Signer Is Representing: Signer's Name: ,_ Individual E Corporate Officer—Title(s): L Partner— ❑ Limited,-_'; Gene rai Attorney in Fact r Trustee I Top of thumb here 1 Guardian or Conservator Top of thumb here I Other: - 1 Signer Is Representing' T zr:C? d �..tinra. ±Ic-s nss_ _,a:�c• 33 0 cJ� �....r �.--- FL- Box 27?2 • Caiav 00T%. Gil 913"'3 _au2• ,r.an."ie�rir•alwci s,-;,ory ilrm s5337- Rar;dei..all Tai; -Rae t-dQG-ir5-cb2T 11 n PHILADELPHIA INSURANCE COMPANIES ?!om`��� �.�� :h.• lul,w Jl.�r���r L;rnuu 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. SE.NSI 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 "Z EMNITY INSURANCE COMPANY at a meeting duly called the I I 1 day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) 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 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 respec[ 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 18TH DAY OF JULY, 2011. ■i"listuu�y++ 'g~� '' ! 9Rp0RA 7,cS�SG �G mtu � Presid n[ . ❑ * %1.r '•SttV;: ��,+7 .......... 1', Christopher J. Maguire �a Na•' President Philadelphia Indemnity Insurance Company, a Pennsylvania Corporation. On this 18TH 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 NOisilM1 Saal I Klmborly X Keseluskl, Mt ry PuNr l Lower Merlon Twp.. Monkaamary Counly " lrty Comrnisalon t5xplras D-. 16.2012 hiamtnr, Penna"nisAyso[datlon R Notafta -w�1t1� 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 2011are 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 22nd day of AU US t 20 14 C Colles Executive Vice President; Chief Financial Officer & Secretary RELEASED Date: Bond No.: PB02497500123 EXECUTED IN TRIPLICATE Signa tu � Premium Included with City Clerkthe Performance Bond City of San Juan apist ano A 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: Olivia Subdivision FTM 17713 (A portion of TTM 16146) - Exhibit F - Landscape & Irrigation 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 One Million Seven Hundred Seventy -Four Thousand & No/100ths Dollars, ($1,774,000.00 ) 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 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 22nd 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 TNHC San Juan LLC, a Delaware Limited Company Philadelphia Indemnity Insurance Company By: The New Home Company Southern California LLC, a Delaware Limited Liability Company By: D. J. Picard, Attorney -i -Fact (NORTARIZATION AN EAL) APPROVED AS TO FORM: BY (1---) Hans Van Llg en, i"-er-ney NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE GF CALIFORNIA County of Los Angeles On August 22, 2014 Date personally appeared D.J. Picard before me, Susan E. Morales, Notary Public r Hire W. -Sr. 'i;rr..9 anti TiV r of Atte Qlttc _, — --- �lar�e!sV a, = gner(51 ., SUSAN E. MORALES { 1930,723 z r. F; F r; I htvY.IitiY ?'=�:_IC - , - .1.�h1,� 1 •r ��, f?trr e ��.:i!. � LOS r'w:.�C: Lia r{�t4?iTY ya$� �id,y Coram. c:xries !fordo 7.8, 2018$ �t/wp�fi; �ir�ts�.t:A>�:•.�'.�.r15'sLts"12+�3++�M1r�.� Placa Note y Sinai Above who proved to me on the basis of satisfactory Evidence tc be the persont* whosa named Wax% subscribed to the within instrument a, -,.d acknowledged to me that 11eihWM=11% executed the same in his/b*x"*k authorized capacttyl" , and that by hisltaak*x signaturefA) on the instrument the persbn(x), or the entity upon behalf of 3,thich the personfi&j 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 ar�officia� Signatt.:re [%� 6 .Pso OPTIONAL Susan E. Morales, Notary Public Thcuyi* the intorrmatfor= below is not raqurmd by law, it may; rove vaivable to persons relying on the document and could prevent fraudulent removal and reattachment of chis form to another document. Description of Attached Document Title or Type of Document: Bond #PB02497500123 Document Date: August 22, 2014 Signer(s) Other Than Named Above: None Gapacity(ies) Claimed by Signer(s) Signers Name: D.J. Picard individual L— Corporate Officer—Tltle(s): Partner — CI Limited !_- I General Attorney in Fact Trustee C! Guardian or Cerrservatcr FTpf thumb here L Other_ 1 Signer is Representing: Number of Pages; 3 Signer's Name' Individual Eli Corporate Officer — Tltle(s):____- Partner— 1 Limited,—'! Geneeai Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Recresentng: 0,67 atinrn! ivy d : n 9350 J6 o.,..r PG lion 241[32 C' aGA. s13,., _dGe ,r::n.IIr_aar•al;Jcr.,} _,r. ilem FoT17- R-;rde ..all t-600-375-aB27 PHILADELPHIA INSURANCE COMPANIES � ?4•:nik7 •n :It.• rul,iu lfani:r t;rnu V 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 INSL'-I?,kNNCE 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's day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) 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 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 INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 18TH DAY OF JULY, 2011. �nf+dray, 19_2 7 m ` Presid nt La Sflam d ' vSY%NN •• • �r ' ,. ' y,` Christopher J, Maguire ''a,�d *' • '46• President Philadelphia Indemnity Insurance Company, a Pennsylvania Corporation, On this 18TH 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 Notwol Saa1 Klmbedy A. Keseteskl, Notary Pu1Nlc Lower Melon -rV., Montgomery CuuM[y My Commission Expires Deg, la, 2012 Mamber. Pennsylv$Na AsaodO lona 140ta0d 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 lare 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 22nd day of August 20 14 C eller Executive Vice President, Chief Financial Officer & Secretary RELEASED Date. A I n- Slgnatu Bond No.: P602497500123 EXECUTED IN TRIPLICATE City Clerk Premium: $26,610.00/2 yrs. City of San Ju aplstra o, 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- 1-03, 07-04-17-03, 08-09-16-05 & 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: Oliva Subdivision FTM 17713 (A portion of TTM 16146) - Exhibit F - Landscape & Irrigation NOW, THEREFORE, we, the Principal are held firmly bound unto the City of San Juan Capistrano, (hereafter called "Obligee") in the penal sum of One Million Seven Hundred Seventy -Four Thousand & No/100ths Dollars, ($1,774,000.00 ) 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 22nd day of August 2014 , at Orange California. SURETY PRINCIPAL Philadelphia Indemnity Insurance Company TNHC San Juan LLC, a Delaware Limited Company By: The New Home Company Southern California LLC, a Delaware Limited Liability Company By: D. J. Picard, Attorney -in -Fact (NOTARIZATION AND EAL) APPROVED TO FORM: By Hans Van Ligte , Cittorney Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Los Angeles On August 22, 2014 before me, Susan E. Morales, Notary Public . D,I>e Hom Nlda ri Nat; S pn j Ti' -e C4 d1a Q'Mc personally appeared D.J. Picard ^lar.^e',3V CF `i „:!er('=) who proved to me on the basis of satisfactory evidence tc be the person* -whose nameW islara subscribed to the within instrument and acknowledged to me that heAW=0[(t SUSAN E. M%%�ALF_S executed the same in his!f��a- authorized rapacity jam. and that by hisl;wvtd px signature(*) on the instrument Vae t# 1930723 person(.), or the entity upon behait of which the personfA) N�1��%�.�tY ?u Gi9� CAi.PS;1SRl acted, executed the instrument. .- s 3170 NTY My Gomm, xt:ires `arch 28, 2015 1 certify under PENALTY OF PERJURY under the laws of ,,�rd,F ;ek�•:uwoau.�s�;� the State of California that the foregoing paragraph is true and correct, Witness my hand and official sealL Signatune CAO Con Piaci riowy Sp, P•b..,., s �t2:ur2 M Newry ... OPTIONAL Susan E. Morales, Notary Public Though, the information below is not required by law. It may; rove valuable to persons relying on the docu: wntl and could prevent fraudulent removal and reattachment o` this farm to another dwitiment. Description of Attached Document Title or Type Of Document; Bond #PB02497500123 Document Date: August 22, 2014 Number of Pages: 2 _ Signer(s) Other Than Named Abode: None Capacity(iea) Claimed by Signer(s) Signers Name: D.J. Picard Individual [I Corporate Of leer—Title(s): Partner — [] Limited !_. I General EN attorney in fact Trustee =1090 60 Guardian or Coriser✓atcr I Top of thumb here L- Other: Signer is Representing Signer's Name: El Individual �i Corporate O icer —Titles): L7 Partner— ❑ Limited.—i General Attorney in Fact - T Trustee Guardian or Ccnsor✓ator {` Top 0 thumb here Other: Signer Is Representing: zCG? %ia�{nca� Plc<dr; ,:y; _ ,.eci .r • 3:;:0 Ja �...,, A6e.. P '. ES::r 2+32 • �'alsr:a�!s: G:e 913.,.-_�u� ` ,..:n'."921r-;r�l;vcr r�.ary herd �.5 i'�7 Fader f.�il ?eil-FreE 1 -&Op -879-c62' PHILADELPHIA INSURANCE COMPANIES A %I,•ndx•r of Ibr roW, M -Imo Gnm I, 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 following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I I" day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) 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 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 certi ficate relating thereto by facsimile, and any such Power of Attomey 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 18TH DAY OF JULY, 2011. �pEpANIrr i4l 'a C 2927 rns 'Mildlit y��,: ' bra,•' Christopher J. Maguire President Philadelphia Indemnity Insurance Company, a Pennsylvania Corporation. �7rylaultll{t{�� 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 Notarial $aal ![In"AyP. KeaateAt, NOW ryPublls lower Meon Twp., Monlgomary County My CommlWonF.xplros Dag, 18, 20t2 or MamLar.PgrwAvpnlaA:,wdaon Df Nolar.0e 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 2011are 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 22nd day of August 20 14 C 1 eller Executive Vice President, Chief Financial Officer & Secretary RELEASED Bond No.: PB02497500123 EXECUTED IN TRIPLICATE Date: f' L ��J _Y Premium Included with Signat the Performance Bond City Clerk City of San Ju apistran CA 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: Olivia Subdivision FTM 17713 (A portion of TTM 16146) - Exhibit F - Landscape & Irrigation 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 One Million Seven Hundred Seventy -Four Thousand & No/100ths Dollars, ($1,774,000.00 ) 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 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 22nd 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 TNHC San Juan LLC, a Delaware Limited Company Philadelphia Indemnity Insurance Company By: The New Home Company Southern California LLC, a Delaware Limited Liability Company By: D. J. Picard, Attorne -rn-Fact (NORTARIZATION AN SEAL) APPROVED AS TO FORM: BY Hans Van Ligten, C[fy-Attorney NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OP CALIFORNIA County of Los An eles On August 22, 2014 before me, Susan E. Morales, Notary Public Date HFrz Uteyr Narne are hire M du CstF:.�r personally appeared D.J. Picard Yap^6:51 L[";rler!s] SUSAN' MG- RALF_S 1030723 2 of sl -,. TiOrI.AY F'L:t3Ll.. - CALIFORNIA � r? LL7S' "'Ju'! Lrs rOUhTY my Coni -n. March 28, 20151 who proved to rae on the basis of Satisfactory evidence tc be the person04 whose nameM i iRm subscribed to the within trtsialment and acknowledged to me that he*Q=I)(a% executed the same in hisiketAtir authorized capacttyf . and that by his/Mo(Mmiz signaturefz) on the instrument the person(a), or the entity upon behalf of which the personfA) acted, executed the instrument. I certify under PENALTY OF PERJURY under the lases of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature_!�f tcaa'" 4n Piaci. Notary Saaj Abcva 5 3'ta.V zt Nc-,ar., F-.. -_ OPTIONAL Susan E. Morales, Notary Public Though the information belmv is not required by law, if may; rove vaivable to persons relying on the document and could prevent fraudulent removal and reatfachment of this form to another document. Description of Attached Document Title or Type of Document_ _ Bond #PB02497500123 Document Date: August 22, 2014 Signers) Other Than Named Above: None Capacity(jes) Claimed by Signer(s) Signers Name: D.J_Picard E Individual — El Corporate Officer—TitlejS)- _ Partner — CI Limited i_.1 General f n Attorney in Fact Trustee Ci Guardian or Conservator Other: Signer is Represan7ng: Philarialnhia IndPmnit�r Ins, irance Company Number of rages: 3 Sinner's Name: `:Individual D CcrporateOFlicer—Titles):_ _ . L_ Partner — 211 Limited :_ --i D1 Attorney in Fact - `- Trustee Guardian or Conservator Top of thumb here Other: Signer Is Representing: •f..�i.'�C.+ ''G"'C.4'�F�k.�S'�C;.. -. � -;��L.t�y';�.�.:GG!%G''�� e�_ ".'�r"�5�'C:t'�rv'�`C<:`�'��_ .'�-�`k_ 'r�'ik.'� lLr:C? iaJ.ca. PIGS, :_,.__.a�.•3::30 Ja 6....���=..FO. aor 24u2•�. aisr:a.,. Gr915,3-_,W t"le:r-iral7�cr:, ary iter -i !�air!7 F=rr�Er .,zll Toll-P,w_F l-SPf-.Tr-867 El 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 M. ROHM, CHERYL L. THOMAS, D.J. PICARD AND BEATA A. SENSI OF ROHM INSLRANCE 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 l Ph day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attorneys) 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 f2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatums of such officers and the seal of the Company may be affixed to any such Power of Attorney or certifcate 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 THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 18TH DAY OF JULY, 2011. 11111 I 19p, ptphN I T .44, i � � G�pDRATg �q M= *�d, wGy —` NtiP ; ry 0, Christopher J. Maguire President Philadelphia Indemnity Insurance Company, a Pennsylvania Corporation. q►p,un�su�"fir On this 18TH 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. COMK40NWEALTH OF PENNSYLVANIA Notart219aA KtMb"y A. Keaateskl, dietary PuNic Lower Madon Twp., MorfW mery Cattnty My Commlaalon Explri8 No. 10.2412 � Maniper, Pennaylvartla A,1114JU'Gn It NOW CPit 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 2011 are 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 22nd day of All US t 20 14 Cr "eller Executive Vice President; Chief Financial Officer & Secretary RELEASE® Date: Signatu e: I Bond No.: PB02497500123 EXECUTED IN TRIPLICATE Premium: $26,610.00/2 yrs. City Clerk City of San Juan Capistrano, 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 & 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: Oliva Subdivision FTM 17713 (A portion of TTM 16146) - Exhibit F - Landscape & Irrigation NOW, THEREFORE, we, the Principal are held firmly bound unto the City of San Juan Capistrano, (hereafter called "Obligee") in the penal sum of One Million Seven Hundred Seventy -Four Thousand & No/100ths Dollars, ($1.774,000-00 ) 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 22nd day of August 2014 , at Orange , California. SURETY Philadelphia Indemnity Insurance Company By - 1 V, — D. J. Picard, Attorney -in -Fact APPROVED AS TO FORM: 2 Hans Van Lige, City Attorney PRINCIPAL TNHC San Juan LLC, a Delaware Limited Company By: The New Home Company Southern California LLC, a Delaware Limited Liability Company T zf;�7� (NOTARIZATION A SEAL) Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Los Angeles On August 22, 2014 before cure, Susan E. Morales, Notary Public p..y.a -- Here Lrr.;ar7 r 4r: _ tPa personally appeared D.J. Picard `famr..'si ar S' goer(;) pyocru,��e:c�,w�,M�ara�r_�,�+a:r��, 'LISPr�a E. MOR' ALES 19.30723 fi 017IRY Puat.]C -CAL. tr-,�MNVX ivly Comm. i xpmes March 28, 2015 who proved to me un the basis of satisfactory evidence to be the personOO whose name¢ is/an subscribed to the within inslrumenL and acknowledged to me that hekQx&6xD a% executed the same in h'ss&e&kgir authorized capacity�o, and that by his/fagkpx signature(i) on the instrument the person(g), or the entity upon behalt of which the person(x) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laces of the State of California that the foregaing paragraph is true and correct, Witness my hand and official seal. Signature -?- . /Y? ,42— Piacs PSci2.ry Saai Abcve s:q+ wym of rhe ori baa,._ OPT101VAL Susan E. Morales, Notary Public Thc[tgh the informarior= below is not required by law. it may; rove evaluable to persons relying on the document and could prevent fraudulent removal and reattachment of this form, fo another doc=ument. Description of Attached Document Title or Type of Document_ Bond #P1302497500123 Document Date: August 22, 2014 Number of Pages: 2 _ Signer(s) Other Than Named Above_ None Gapacity(iea) Claimed by Signer(s) Signers Name: D.J. Picard ._ Individual L Corporate officer—Titie(s):_ Partner — L1 Limited !. l General 7 Attorney in Fact 77 Trustee i_ Guardian or Conservator L_I Other: Signer is Representing: Sinner's Name: ,EJIndividual .Cerporaie Qf icer — Title(s): L Partner— ❑ Limited - Gene al 'L Attorney in Fact - Trustee ' Guardian or Conservator I Top cf F,humb cera 0 Other: Signer Is Representing: ��:^�:�i:`t`•ca�C:`�i.�c.'x`c:'�t"r eSr�`C'%7�i�'�k4'�5-.�-s���.�.'�.'�'+ v�'�ai.'�'� A 33:0 De s., a "qac . PC- So x 2i12 cvj i'eri X51 = 7 RcrirJrr •::all wiI-Free 1-800-878-5527 ®PHILADELPHIA INSURANCE COMPANIES cBr r"W' M m w Grump 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 ofAttorney 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'h day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) 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 Attomey-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seat of the Company may be affixed to any such Power of Attorney or certificate relating thereto by racsimile, and any such Power of Attomey 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 18TH DAY OF JULY, 2011. S ..GDikPDRA7E p :Z4f'xs a � Z X74 T m = Pte5ldcnt •. dFty�P ' e� '• t�,: Christopher J. Maguire 5',;°d dada: President Philadelphia Indemnity Insurance Company, a Pennsylvania Corporation. On this 18TH 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 Naiadal8aal tofnW ly A. K0551eskl, Ni3tary Public Lower Msoon TvtP,, Wrilgomary County my Cvmmlwton Enplsis 0SO,16. 2012 MamWr. Panrj_&?vvnla kaodaVQ NoL'fta 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 2011 are 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 ofAttorney 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 22nd day of August 20 14 C alter Executive Vice President, Chief Financial Officer & Secretary RELEASED Bond No.: PB02497500123 EXECUTED IN TRIPLICATE Date: L � j , Premium Included with Signat re: - the Performance Bond City Clerk - City of San ]ua apistrano, A 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: Olivia Subdivision FTM 17713 (A portion of TTM 16146) - Exhibit F - Landscape & Irrigation 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 One Million Seven Hundred Seventy -Four Thousand & No1100thsDollars, ($1,774,000.00 ) 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 Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. BE IT FURTHER RESOLVED: 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 22nd 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 TNHC San Juan LLC, a Delaware Limited Company Philadelphia Indemnity Insurance Company By: The New Home Company Southern California LLC, a Delaware Limited Liability Company By: 4 D. J. Picard, Attorney -in- act {NORTARIZATION AND AAL} APPROVED AS TO FORM: BY 6�� Hans Van Ligten, 'ty Attorney NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Los Angeles On August 22, 2014 before m6, Susan E. Morales, Notary Public �a-E Hrre ina�ri Pdaime and TFC a oT tha 01 : personally appeared D.J. Picard r' SUSAN E_. MC)RALF_S s.1930723 z PUBLIC -CAEJFORNIA-Z LOS COUNTY d4 rMy Comm. EExi,i es 10arch 23, 2015 Pas P;a,ary Seal Abcv e who proved to me on the basis of satisfactory evidence to be the person" whose nameM is1M subscribed to the within instrument and acknowledged to me that heUMuxD0% executed the same in his/kedtheis authorized capacityf)o. and that by his(bAVV X signature(*) on the instrument the person(a), or thr entity upon behailf of which the person(x) 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. �} Signature ttoo� -r-9. Mme, s14'lxUra of W!arl P..,,,.. OPTIONAL Susan E. Morales, Notary Public Thcagh the information below!s not required by law. it may; rove valuable to persons relying on the documr ent and could prevent fraudulent rernoval and reattachment of this form to another document. Description of Attached Document Title or Type of Document_ Bond #PB02497500123 Document Date_ August 22, 2014 Number of Pages: 3 Signer(s) Other Than Named Above: None Capecity(ims) Claimed by Signer(s) Signers Name: D.J. Picard Y E] individual L2. Corporate Oficer— Titles): Fartrer—LI Lirr,ited'-_ General Attorney in fact Trustee Guardian or Go-iservator Top a` thumb here L_ Other: Signer is Representing: Philacielp is InrierinnitV Sioner`s Name: El Individual Corporaie Officer — Title; sl: Partner— ! Limited V_ Geneai Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: 2 Ali? a nro. Plc a s_,_..aaa. • 3:,50 :Js a. �.�_ FID. b:.e 2,10-2. lien, m5i''7 F.er .jer Call i�l;-Free-aPr-.77�-c62i PHILADELPHIA INSURANCE COMPANIES — — \�I��mrn•r of lh< lu!•v: ,lluun: Gruup 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 ofthe Commonwealth df 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 ofAttorney is granted and is signed and sealed by facsimile tinder 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 1 `h day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attorneys) 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 orsuch officers and the seal of the Company may be affixed to any such Power orAttorney 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 THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 18TH DAY OF JULY, 2011. +tstirmr'uyr++ OANITY S q : �p07F3, -7 (: Z 01 19_2 7 m = Presid nt y��+` Christopher J. Maguire ........ President Philadelphia Indemnity Insurance Company, a Pennsylvania Corporation. �fJ++Nennrs�l�� On this 18TH 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 Noladal Saal Jgmbedy A. iKeitsigSRI. irolery Public Lower Madon Tn., Mantgornary t7purrty My Comrnlsalon Expires Deo, la, 2012 Matnter Penoaylvanle A.17c ation atones 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 late 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 22nd day of August 20 14 C eller Executive Vice President; Chief Financial Officer & Secretary RELEASED Date: { Bond No.: PB02497500125 EXECUTED IN TRIPLICATE Signat e: Premium: $360.00/2 yrs. City Clerk City of San Ju n-Caplstrano r A 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- 3, 07-04-17-03, 08-09-16-05 & 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: Oliva Subdivision FTM 17713 (A portion of TTM 16146) - Exhibit G-- Monumentation NOW, THEREFORE, we, the Principal are held firmly bound unto the City of San Juan Capistrano, (hereafter called "Obligee") in the penal sum of Twenty -Four Thousand & No/100ths Dollars, ($24.000.00 } 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 22nd day of August 2014 at Orange . California. SURETY PRINCIPAL Philadelphia Indemnity Insurance Company TNHC San Juan LLC, a Delaware Limited Company By: The New Home Company Southern California LLC. a Delaware Limited Liability Company �l By: D. J. Picard, Attorney -in -Fact (NOTARIZATION A D SEAL) � int I f — a Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE C F CALIFORNIA County of Los Angeles On August 22, 2014 _ before me, Susan E. Morales, Notary Public Dae — HKra kwir! Nar. e and n;=a0It 3 Crlrxxr personally appeared D.J.. Picard _USAN MORALES ^ GC�f•,;P',.. # 1930723 z .R v1iV V (;C7rtl^l, cIX't:L'rg ^;;arch 28. 2014. r who proved to me on the basis of satisfactory evidence tc be the person" whosa name(no Wan subscribed to the %ithin igistrurnent aind acknowledged to me that hekAxoXhll executed the same in his/ke&ha s authorized capacityf;U. and that by hislfal+�gp>< signature(x) on the instrument the person(g), or the entity upon behalt of which the person(x) acted, executed the instrument. I certify under PENALTY OF PERJURY under the lases of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal Signature cn Plac=_ N arty Soil Ab..,.. OPTIONAL Susan E. Morales, Notary Public Thcugh the ITfo. rnafion. below !s not required bylaw, it may prove valuable to persons relying on the docura; ,ot and could prevent fraudulent removal and reatfachment of this form to another document. Description of Attached Document Title or Type of Document. Bond #PB02497500125 Document Date: August 22, 2014 Number of Pages: 2 Signer(s) Other Than Named Above: None Capacity(iea) Claimed by Signer(s) Signers Name: D.J. Picard _ E Individual L Corporate Ci;icer—TWe(S Partner — Cl Limited iJ General IX Attorney o fact Trustee iJ Guardian or Conservator L Other: Signer is Representing: Sinner's Name: E! Individual D Corporate Officer—Title(s): —_ D Partner — Ell Limited _Gene al Attorney in Fact Trustee Guardian or Conservator I Trip of thu Other: Signer Is Reeresent ng: 93'=O De n_,PC Bea 2402 Gr.y1ii„-_?u=•,r;.n'.:'lGil=x•alNct r, 'xy Ile=1d5 i9% R.rrJe� ..ail Toil -F et-gpr-878-36'LT PHILADELPHIA INSURANCE COMPANIES �:.\I:ii 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 INDEMLNITY 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 RORN1 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 1 I 1 day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) 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 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 racsimiIa, and any such Power of Attorney sa executed and cenufied by facsimile signatures and Facsimile seal shall be valid and biding upon the Company in the future writb 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 18TH DAY OF JULY, 2011_ On this 18TH day of July 2011, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly swom 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 O F PENNSYLVANIA N=dal saal Kimbnrty A, MWeskl, N01ary PuWla Lower Merlon TwP•, itilontgomaryi- t:osrnty lu TCcmmlwlon Ex0rvs Dec. 18, 2012 clamber. Penrplyivinla�,ysoGalforsntN01AF164 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 18T" day of July 2011 are true and correct and are stil I in full force and effect. I do further certify that Christopher J. Maguire, who executed the Power of Attomey as President, was on the date of execution of the attached Power ofAttorney 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 22nd day of August 20 14 era el]cr Executive Vice President; Chief Financial Officer & Secretary ��y'• g? ORA7FIlk 'x q a� 192 m ° I � SulZ °FgrtS Presid t nytit°wP.' I- d: �r '• ,: $. ,' Christopher J. Maguire ..... President Philadelphia Indemnity Insurance Company, a Pennsylvania Corporation. E.'48+ r+f�Hflrgn HHt+•t+ On this 18TH day of July 2011, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly swom 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 O F PENNSYLVANIA N=dal saal Kimbnrty A, MWeskl, N01ary PuWla Lower Merlon TwP•, itilontgomaryi- t:osrnty lu TCcmmlwlon Ex0rvs Dec. 18, 2012 clamber. Penrplyivinla�,ysoGalforsntN01AF164 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 18T" day of July 2011 are true and correct and are stil I in full force and effect. I do further certify that Christopher J. Maguire, who executed the Power of Attomey as President, was on the date of execution of the attached Power ofAttorney 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 22nd day of August 20 14 era el]cr Executive Vice President; Chief Financial Officer & Secretary RELEASE® DateBond No.: PB02497500125 EXECUTED IN TRIPLICATE Signat re: -- Premium Included with City Clerk the Performance Bond City of San ]ua Capistrano, A 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 Olivia Subdivision FTM 17713 (A portion of TTM 16146) - Exhibit G - Monumentation 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 Twenty -Four Thousand & No/100ths Dollars, ($24,000.00 ) 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 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 22nd 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 Philadelphia Indemnity Insurance Company By: _ -N�� I D. J. Picard, Attorney -in -Fact APPROVEDAS TO F RM: BY ans Van L orney NOTE: Please attach Acknowledgement and Power of Attorney PRINCIPAL TNHC San Juan LLC, a Delaware Limited Company By: The New Home Company Southern California LLC, a Delaware Limited Liability Company (NORTARIZATIO AND SEAL) Page 3 of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE CDP CALIFORNIA Cgunty of Los Angeles f f( On August 22, 2014 before me: Susan E. Morales, Notary Public Da>e N re ;neem Nara:` and T012 of aha GBFtcbr personally appeared D.J. Picard ,lay-;t;,i 7 S;rler(>> SUSAN rte. MORALES I ?" C 0 r,, -!M, # 1930723 COUNTY My Comm. Exrir,es'vlarch 23, 2015 Piacs N,_la-y Sa Above who proved to roe on the basis of satistactory evidence to be the person( `.hose name�sO is4ya subscribed to the writhin instrument and acknowledged to me that heft=091 91 executed the same in hls1h*6Uair authorized capaclty0wo. and that by his,rVA>FjJ Aop x signature(.$) on the instrument the person(x), or the entify upon behalf of which the person(A) 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 Signature (A9d 1 3 �asvrr -. ::` Ncrr; OPTIONAL Susan E. Morales, Notary Public Thcugh Me informatior* below is not required by law, it may; rove I:a;vable to pe=ns relying on the document and could prevent fraudulent removal and reattachment o; Phis form to another dv�ument. Description of Attached Document Title or Type of document: Bond #PB02497500125 Document Date_ August 22, 2014 (`dumber of Pages: 3 Signer(s) Other Than Named Above: None _ Capacity(jos) Claimed by Signer(s) Signers Name: D.J. Picard 3 Individual E! Corporate Of, icer —Tit! e(s):— Partner — CI Limited !_._l General rX Attorney in Fact Trustee 7_1 Guardian or Conseraatcr , L j Other.- Signer ther: Signer Is Representing: Signer's Name: Individual Li Corporate Officer — Title(s): L Partner — ❑Limited I C-ena.fai Aft mey in Fact - Trustee Guardian or Conscrvator Top rf thumb here Other: Signer Is Reerosent ng: €zri6? F•iui ss_..G'ix •339:7 J5 n.,.��.�_F Sea Z+�� al5uti!i.. Cil y7i.�-_SIJ "lrr. R.Pltir-iPelivcti-r ary ilea a5??% R:rcJe� ..zll ��i1-Pie-Bcr-av5-c627 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 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 Attomey is granted and is signed and .scaled 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 1 I `h day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) 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 sea] of the Company rnav be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attomey 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 18TH DAY OF JULY, 2011- ! oth;IIrr ;ti•... ~s '' �, • t •.Capp�4RR7�s'•.. Presid nt 'jP,: ya��:1 r ' �4 •.••'"• Christopher J. Maguire . �Lb� President Philadelphia Indemnity Insurance Company, a Pennsylvania Corporation. On this 18TH 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. CO1 M01`4WEALTH OF PFNNSYLVANIA Now*l Saal Kimberly A, Kamit"l,'Notary Public Lavmr t sgon Twp.. Islontpommy County AS 0=m[181Dn a Wm Dao. 18, 2012 alamtier. PenrwyivanleAasoeiallon W NOWmv \ jt I, Craig P. Keller, Executive `lice 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 Posner of Attorney issued pursuant thereto on this 181" day of July 2011 are true and correct and are still in full farce and effect l do further certify that Christopher J Maguire. who executed the Power of Attomey 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 22nd day of August 20 14 C"4 after Executive Vice President, Chief Financial Officer & Secretary RELEASE® Date Si a Bond No.: PB02497500125 EXECUTED IN TRIPLICATE Premium: $360.00/2 yrs. City Clerk City of San lu apistrano, 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. 05-12-24-02, as modified or amended by City Council Resolution Nos. 06-07-03-07, 06-11-7T--03, 07-04-17-03, 08-09-16-05 & 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: Oliva Subdivision FTM 17713 (A portion of TTM 16146) - Exhibit G - Monumentation NOW, THEREFORE, we, the Principal are held firmly bound unto the City of San Juan Capistrano, (hereafter called "Obligee") in the penal sum of Twenty -Four Thousand & No/100ths Dollars, ($24,000.00 ) 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 22nd day of August 2014 , at Orange California. SURETY PRINCIPAL Philadelphia Indemnity Insurance Company TNHC San Juan LLC, a Delaware Limited Company By: The New Home Company Southern California LLC, a Delaware Limited Liability Company By: J D. J. Picard, Attorney -in -Fact (NOTARIZATION AND EAL) APPROVED AS TO FO M: By Hans Van Ligten, arney Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Los_Angeles On August 22, 2014 before me, Susan E. Morales, Notary Public Du.e Warm in,:arw Uncizi brill T ,` of ha UGtr personally appeared D.J. Picard ^lam,tsl c. ,rierl=l MaRALIES T Cor;',': # 1030723 z *• %J 7' i` "S_ I✓ is - Gall-iPDRRi,^. S_ COUNTY hlty Cornm, r :.i cs'vlarch 28, 2015 rrho proved to me Un the basis of satisfactory evidence to be the personoM whose narrieg* isfam subscribed to the within instrument and acknowledged to me that hei�=Dfik% executed the same in his/h*01oir authorized capacity¢o. and that by hislixaV x signature[$} on the instrument tete personfixj, or the amity uporz behalf of lmhich the person(x) acted, &—acuted 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 Signature Lt off+ mllj2 Piacs rlut:.ry Sp Above S �zasut2 a` id4 SeC1 OPTIONAL Susan E. Morales, Notary Public Though the information below is not requir-ed by law. if may grove vaivable to persons relying on the document and could prevent fraudulent removal and reattachment of this fcr,-n to another document. Description of Attached Document Title or Type of Document: Bond #PB02497500125 Document Date: August 22, 2014 Number of Pages: 2 Signer(s) Other Than Named Above. None Gapacity(iecs) Claimed by Signer(s) Signers Name- D.J. Picard 0 individual D Corporate Officer—Tltie(s):R Partner — CI Limited '•_ General Ai attorney in Fact Trustee i_ Guardian or Conservator Other RIGHTTHUMBPRINT OF SIGNER Top ofthumb here i Signer`s Name: Individual [7t Corporate Officer — Title(s):^_ L Partner— El Limited - Gene;aE Attorney in Factli- Trustee Guardian cr Conservator lilTop of thumb here L_ Other: Signer is Recresening: j Signer Is Recresenting: Phiindelphia InriPmnitV Insur2nr Cnmpan�4 .'�`.'�.�_'`_Cr'eC:'t`�Crti�'�rr'�Gi��i'��x4'Y��.'C�±iY.`�{r'C•iriCk.�"�`x.�_F.'Z`��/r'�'�J`.��i'C`•.kr�v�Cr���r t aril,?_ia`cr.�. i'IG3: Hs_iLo7Qi 3:i5'7 Ja b.. .r �.�_ P `8-w ClE3-2 aps, oi!7 it-Rar:rder .aj[ c1; -Free t-aor-87b-_$'_;7 ®P.HILADELPHIA 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 ofthe 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 following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the 11`n day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) 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 capon the Company to the ftlture 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 SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 18T" DAY OF JULY, 2011. a..►.... 41�.,,. rc � 19_2 7 :n = Pr'sid nt spa ••'• �`t'N VP��p •• � •. �� '•4�` Christopher J. Maguire '•.,�a * ��d President Philadelphia Indemnity Insurance Company, a Pennsylvania Corporation. ��►�17y111 ItY1f�� On this 18TH 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 mmol KlmbOy A. Keaa:eakl, Notery Public Lovmr Medon Trrp.. l,Iontgolnety Covnty MYCammlaalon Lvr93 Dao. 18, 2412 &0 Met, Parnwylvanla Agi*Mcn of Nota raii �ar�rr 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 Attomey issued pursuant thereto on this 18'" day of July 2011 are 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 Attomey 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 22nd day of August 20 14 C 'Iter Executive Vice President, Chief Financial Officer & Secretary 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 Attomey issued pursuant thereto on this 18'" day of July 2011 are 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 Attomey 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 22nd day of August 20 14 C 'Iter Executive Vice President, Chief Financial Officer & Secretary RELEASE® Date: "� Bond No.: PB02497500125 EXECUTED IN TRIPLICATE City Cl Premium Included with City Clerk City of San Juan Capistra , CA 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.. Olivia Subdivision FTM 17713 (A portion of TTM 16146) - Exhibit G - Monumentation 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 Twenty -Four Thousand & No/100ths Dollars, ($24,000.00 ) 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 Pagel 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 22nd 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 TNHC San Juan LLC, a Delaware Limited Company Philadelphia Indemnity Insurance Company By: The New Home Company Southern California LLC, a Delaware Limited Liability Company By. D. J. Picard, Attorney -in -Fact (NORTARIZATION A D SEAL) NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 'u1.�"<-'��<�.�C.:{��'::�f.��r`AVX`+vSr'�_`L'r'=ti�+`GJ�Y`N`-"..`�F"C�C.'�; !'.��'+ii�.�Y���:'Sr�- '_r•S`FY`J� STATE OF CALIFORNIA County of Los Angeles _ On August 22, 2014 _ before me, Susan E. Morales, Notary Public DateHwa W iwr: N -u: s and tiTtF 0 the Giiie_r personally appeared D.J. Picard USAN E. MC)RALES 711930723 z 1l I N 01,7, tY P is S U C -CA ' ! cF'`Y,Rt!\ 4 ^ E: LOS COLINTY 16 lviy coram. 2015 ?law Notary Saai Above who proved to me on the basis of satisfactory evidence tc be the person¢* hose namaM iiEJa4et subscribed to the within instrument and acknowledged to me that heft=X QE% executed the sarne in his'iazAlwir authorized capacityi'ju%. and that oy hisllXxl[k Rx signature(r,) on the instrument the person[aj, or the entity upon behalf of vlhich the person(x) acted, executed the instrument. I certify under PENALTY OF PERJURY under the la:)s of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature.., ee4wr, _ rn igsasUre or NC'.ar: OPTIONAL Susan E. Morales, Notary Public Thcogh the inforrnatiort below!s nol tequrr'edby law, if may; rove valuable to persons relying on the doct),ment and could prevent fraudutent removal and reattachment o` this form to another document. Description of Attached Document Title or Type of Document- --Bond #PB02497500125 Document Date_ Au ust 22, 2014 Signer(s) Other Than Named Above: None Capacity(iess) Claimed by Signer(s) Signers Name: D.J_Picard EE individual i✓ Corporate Officer — Titie(s): Partner — CI Limited i _ 7 General Attorney- in fact Trustee i—t Guardian or Co=nservator Top of thumb here L Other: l I { Signer Is RepresenI-ng: Number of Pages: 3 Signer`s Name: E individual Corporate Officer — Title(s):_ L Partner El Limited Gene+a! Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Rceresent ng: �2iG?�aJrc��?qc+i:nss_-.�:�a-•33`7 Je o.,.��. e--F:^J (ioa 29 T2 ..-asp;�..:r 913.,,_�ac•,r:. s-^lCiCx•�IPvcrr, -:r.� i'erl a5.iT R.rrJe�.,all yell -F: ee 4-3CG-37�-cf,"�7 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 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. Thts Power of Attomey 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,h day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) 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 cemFcate 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 THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 18TH DAY OF JULY, 2011. On this 18TH day of July 2011, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly swom 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. COMMONWEALIH OF PENNSYLVANIA Noladal $a at KfrnW6y A. M Wask4 Notary Public Lower Mueaon Torp., montgamary County #4y Ccmmlmlon Explms Deo. 19, 2912 Mlamber, PennaylvTnlaAasuctatlors & Notago 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 Attomey issued pursuant thereto on this 18'" day of July 2011 are true and correct and are still in full force and effect. I do further certify that Christopher J. Maguire, who executed the Power ofAttorney as President, was on the date of execution of the attached Power ofAttorney 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 22nd day of August 20 14 C eller Executive Vice President; Chief Financial Officer & Secretary �.4rGty1NITY���''•,. `oppOR47'tr.SG�: 19_2 7 m = Pres[d n[ � t•'°F,tr NSP: C'j � 6 ySYIUE �: �� "• •••� a; a Christopher J. Maguire ,,� •'• •d '•. or President Philadelphia Indemnity Insurance Company; a Pennsylvania Corporation, On this 18TH day of July 2011, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly swom 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. COMMONWEALIH OF PENNSYLVANIA Noladal $a at KfrnW6y A. M Wask4 Notary Public Lower Mueaon Torp., montgamary County #4y Ccmmlmlon Explms Deo. 19, 2912 Mlamber, PennaylvTnlaAasuctatlors & Notago 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 Attomey issued pursuant thereto on this 18'" day of July 2011 are true and correct and are still in full force and effect. I do further certify that Christopher J. Maguire, who executed the Power ofAttorney as President, was on the date of execution of the attached Power ofAttorney 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 22nd day of August 20 14 C eller Executive Vice President; Chief Financial Officer & Secretary RELEASE[ Date:' _.. Bond No.: PB02497500125 EXECUTED IN TRIPLICATE Signa t' Premium: $360.00/2 yrs. City Clerk r City of San Ju agistrano, CA 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 & 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: Oliva Subdivision FTM 17713 (A portion of TTM 16146) - Exhibit G-- Monumentation NOW, THEREFORE, we, the Principal are held firmly bound unto the City of San Juan Capistrano, (hereafter called "Obligee") in the penal sum or Twenty -Four Thousand & No/100ths Dollars, ($24,000.00 ) 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 22nd day of August 2014 , at Orange , California. SURETY PRINCIPAL Philadelphia Indemnity Insurance Company TNHC San Juan LLC, a Delaware Limited Company By: The New Home Company Southern California LLC, a Delaware Limited Liability Company By JJ — Z�� D. J. Picard, Attorney -in -Fact ff (NOTARIZATION AN SEAL) APPROVED ' TO FORM: By Hans Van Ligten, City"Attorney Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT xc STATE 0, FF CALIFORNIA County of Los Angeles Cin August 22, 2014 _ before me, Susan E. Morales, Notary Public Date htetr0 is+_aar: ; tms ants 17-,°3 as thx Ql.'.x r personally appeared D.J. Picard FIdi-,tf_,i ,.r s „riErt>> s.�.,4r��av�waasrrfi.^�:sc.�sra�r�. r--,, SUSAN MORALES # 1930723 F9 L ­q�_ S r,i Ivly Comm. Expi;Fs 28, 20'}5 who proved to me on the basis of satisfactory evidence tc be the personoo whose namef* is/an subscribed to the within instrument and acknowledged to me that heAQWO(eW executed the same in hili iaek-authorized capacityI)o and that by his,'k*1#*x signatures} on the instrument the person(%), or the entity upon behalf of which the person0s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the lags of the State of California that the foregoing paragraph is true and correct. Witness my hand and ofticial seal. Signature�L'040M Purrs NGtary Saai AG,�:B Slq .hire u`tJC:cr: ....- OPTIONAL Susan E. Morales, Notary Public Thcagh the information below %s not required by taw, it may; rove vaivable to persons relyirka on the document and could prevent fraudulent removal and reattachment of this forrn to another docitment. Description of Attached Document Title or Type of Document: Bond #PB02497500125 Document Date. August 22, 2014 Number of Pages: Signer(s) other Than Named Above. None Capacity(iea) Claimed by Signer(s) Signers Name, D.J. Picard Individual i� Corporate Officer —Tit e(s): Fartner—Li Limited'.._' General 7 Attorney in tract ME T F' Trustee i_ Guardian or CJrtserrator Top of thumb here L- Other: i Signer is Representing: Fhiladelphia_IndemnitV— �ns�tcance Gc�cnparn� I Signer's Name: Individual Corporate Officer —Title(s). 1_ Partner—i-1 Limited:_' Gene; al Attorney in Fact Trustee Guardian or Conservator Top of thumb here Other: Signer Is Representing; zUG:i3350 De sa i P1__ i2ox 24?2 C ass,, 30, GA ^071 3_?5-• •r,-,•:n.^I2. r-ir�ltac� �-, ury ile=.i !�3i3- R=nrd8i ..all roil-HY6 I-800-775-852' 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 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 1 I 1 day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) 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 THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 18T" DAY OF JULY, 2011. c°gPaRnrenz gs' �'•' 192. m Presid nt Christopher J, Maguire yya 4L President Philadelphia Indemnity Insurance Company, a Pennsylvania Corporation. �'a+,UnnHy+++', On this 18TH day of July 2011, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly swom said that he is the therein described and authorized officer of the PHILADELPHIA INDENMI TY 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 Noiartal Baal KtmberlyA. KoWeSK'NoteryPublic Louver Merlon'rvrp., A;anlgomM Cnunty MyowmiWon F;rp m Dec. 1e, 2812 Member, PennoytVanla�heciallon 4Sartdd 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 Attomey issued pursuant thereto on this 18 T" day of July 2011 are 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 ofAttorney 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 22nd day of August 20 14 J Cr eller Executive Vice President. Chief Financial Officer & Secretary low .'". 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 Attomey issued pursuant thereto on this 18 T" day of July 2011 are 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 ofAttorney 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 22nd day of August 20 14 J Cr eller Executive Vice President. Chief Financial Officer & Secretary RELEASE® Date: Y Bond No: PB02497500125 EXECUTED IN TRIPLICATE Signat e:Premium Included with City Clerk the Performance Bond City of San Juan apistrano, 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: Olivia Subdivision FTM 17713 (A portion of TTM 16146) - Exhibit G - Monumentation 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 Twenty -Four Thousand & No/100ths Dollars, ($24,000.00 ) 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 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 22nd 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 TNHC San Juan LLC, a Delaware Limited Company Philadelphia Indemnity Insurance Company By: The New Home Company Southern California LLC, a Delaware Limited Liability Company By. D. J. Picard, Attorney -in -Fact (NORTARIZATION A SEAL) APPROVED AS TO FORM: BY�� Hans Van Ligten, City Attorney NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Los Angeles On August 22, 2014 before me, Susan E. Morales, Notary Public Daz c Hare In-'ar: "l,Ir_?;,ma Ftla ct •. a 01%=_ personally appeared D.J. Picard ^ ,Jamc.f3I v. yflEli_I who proved to me on the basis of satisfactory evidence to be the personN whose namef% Islam[ subscribed to the within instrument and acknowledged to me that heUxsl tK9% executed the same in hislheOksfr authorized capacity0o. and that by his/tx%r V*x signature($) on the instrument the r:- SUSAN E -L MORALES person(T), or the entity upon behalf of arhich the person(x) -- acted, executed the instrument. COp;i:•�. ?f 1930723 z fa rpt �- CF1a-i P"3fS.�. i:�'.K `= - `• `p`',r':s ' ""`LOSANGEL - -• ES COUNTY I certify under PENALTY OF PERJURY under the laws of Pv,y col -nm. L-xp::es Pvi rch 2R, 2015 the State of California that the foregoing paragraph is true and correct. Witness my hand and official sppeal. Signature T and " -I—. m cn ,r,[] Piar4 Ne,[ary Spa! At;cve 3iiy73sure a ;iC srj r.,.. OPTIONAL Susan E. Morales, Notary Public Thcugt the information below is not required by law. It may prove valuable to pelpor+s relying on the docwment and could prevent fraudulent removal and reattachment or this taunt to another document. Description of Attached Document Title or Type of DOCLIMent: Bond #PB02497500125 Document Date: August 22, 2014 _ _ Number of Rages: 3 Signer(s) Other Than Named Above: None Capacity(iea) Claimed by Signer(s) Signers Name: D.J. Picard -- Individual LI Corporate Officer —Titie(s): Partner—Li Limited General 72 Attorney in fact Trustee i_; Guardian or Conservator TO L_- Other: Signer is Representing: Signer's Naire: El individual Corporaie Officer — Title(s):_ I Partner— ❑ Limited_ Gene�ai L J.Attorney in Fact - Trustee Guardian or Conservator Top of thumb here El Other: Signer Is Representing: F 2riC? iatinaa• Alai �__9o::r. • 3::�0 J. 5:;.� �.a.. F . F,'oR 27�� • .. ass„o�.Gr-915,.,-_�U2 • r:rt.."18aoralNcli.�„ory ilea a.ii'�7 F.rrje� •::all �u,-F;a_F i-nor,-a��-are- PHILADELPHIA •INSURANCE COMPANIES Vl.rmr,.. I:P. I , , k; r,%I n.,.,• G n nip 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 Attomey 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 1 day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) 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 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 INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 18TH DAY OF JULY, 2011. On this 1814 day of July 2011, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly swom 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 Nolarlal Saal Klmberty A. KesslesN. Notary Public Lower Merlon TV.. Merilgamary County NtyCwnmlraion E*rvs DO% le, 2012 of Mantber, Pen wwonfa Assoclallon of NOLGIUO 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 181" day of July 2011 are true and correct and are still in full force and effect. I do further Certify that Christopher I 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 22nd day of August 20 14 C'4eller Executive Vice President; Chief Financial Officer & Secretary 5 �q�• gpflR47F•.PG� W1 L ! M= Pszsid�nt �,S • F't'NSYL't�' . O a '•. �� '•�• � o' "" ''� Christopher J. Maguire President Philadelphia Indemnity Insurance Company; a Pennsylvania Corporation, t,,a� On this 1814 day of July 2011, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly swom 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 Nolarlal Saal Klmberty A. KesslesN. Notary Public Lower Merlon TV.. Merilgamary County NtyCwnmlraion E*rvs DO% le, 2012 of Mantber, Pen wwonfa Assoclallon of NOLGIUO 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 181" day of July 2011 are true and correct and are still in full force and effect. I do further Certify that Christopher I 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 22nd day of August 20 14 C'4eller Executive Vice President; Chief Financial Officer & Secretary RELEASED 64e Signat e; -- City Clerk Bond No. PBO2497500168 City of San ]uani-C plstrano, C4 Premium: $1,959.0011 yr. PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that TNHC San Juan LLC, a Delaware limited liabil' company ,as principal (hereinafter called "contractor", and Philadelphia Indemnity Insurance Company , as Surety (hereinafter called "Surety"), are held and firmly bound unto the City of San Juan Capistrano, as oblige (hereinafter called "city"), in the amount of One Hundred Thirty Thousand Five Hundred Seventy -Six & 05/100ths Dollars ($130.576-05 y for payment whereof Surety bind themselves, their heirs, executors, administrators, assigns, Jointly and severally, fairly by these presents. Contractor and successors and WHEREAS, contractor has, by written agreement dated , entered into a (describe agreement): Precise Grading Permit No. B14-0652, Oliva Tract 17713, Lots 1-13 & 17-22 (a portion of TTM 6146) Fart workMrainage & Gosicri Contra rnprovements , which contract is, by reference, made a part hereof. NOW, THEREFORE, the condition of this obligation is such that, if contractor shall promptly and faithfully perform said agreement then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the Contractor in the event of default. BE IT FURTHER RESOLVED, that: 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, including reasonable attorney's fees, incurred by the 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, or extension of time, alteration, or modification of the contract documents, or of the work to be performed thereunder, shall in any way affect its obligation or this bond, and it does hereby waive the notice of any such change, extension of time, alteration or modification of the contract documents or of work the be performed thereunder. Executed this 6th day of November. 2014 At Orange California. TNHC San Juan LLC, a Delaware limited liability company PRINCIPAL 4 i j (NOTA51I ASI N AND SEAL) Philadelphia Indemnity Insurance Company SURETY (NOTARIAZATION AND SEAL) 0. J. Picard, Attorney -in -Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALI!-OH,1'111A Los Angeles C,j, November 6, 2014 beVir-3 (1",-, Susan E. Morales, Notary Public :jppea,,ed D.J. Picard rov nd t c) r,, 11 ',40 0 D S. Z t) f3' 1'-, 10 C: t};'V "v Itj to It-te and pl?rs!jfji%'j, ar :1ju wility upw trehall of vtNch tho ijrr'sfwf";; L4C;',P_d. 0%V_'Ct7',00 thl' i114Vf!r`N-11t I cert.Fi vAnder PENALTY 0;- PEPJURY i.nder rra lar)i OF !he Sq; --vi. of C_'3 !hal' "he i,.nd correct 4j -,,r, -_ss rivi hand �:r.d of-lic-a' seai -n .--Z OPTIONAL -S�'—"n E. Morales, Notary Public law Ff rr;a1v.f.10L'L' i'Jl: ard- could Prove"?[ remzv.6,1 and n�_,,reaahmefl! Of Description of Atlached Document Tehe LN, TYpe -,f Bond #PB024975.00168 2 November 6, 2014 None Capacity(jas) Claimed by Signer(.%) ',: j D.J. Picard r lop (;f Siijrier is Ht.(eSOC:1ne Philadelphia Indemnity.--- Insurance Company r wii's Nic- M e'- [ -If r f?l I Icy .i :ri SU -1A IN E 110RALES # 1930723 NICTARY PUBLIC - CA E.'S COUNTY 26 rov nd t c) r,, 11 ',40 0 D S. Z t) f3' 1'-, 10 C: t};'V "v Itj to It-te and pl?rs!jfji%'j, ar :1ju wility upw trehall of vtNch tho ijrr'sfwf";; L4C;',P_d. 0%V_'Ct7',00 thl' i114Vf!r`N-11t I cert.Fi vAnder PENALTY 0;- PEPJURY i.nder rra lar)i OF !he Sq; --vi. of C_'3 !hal' "he i,.nd correct 4j -,,r, -_ss rivi hand �:r.d of-lic-a' seai -n .--Z OPTIONAL -S�'—"n E. Morales, Notary Public law Ff rr;a1v.f.10L'L' i'Jl: ard- could Prove"?[ remzv.6,1 and n�_,,reaahmefl! Of Description of Atlached Document Tehe LN, TYpe -,f Bond #PB024975.00168 2 November 6, 2014 None Capacity(jas) Claimed by Signer(.%) ',: j D.J. Picard r lop (;f Siijrier is Ht.(eSOC:1ne Philadelphia Indemnity.--- Insurance Company r wii's Nic- M e'- [ -If r f?l I Icy .i :ri ®PHILADELPHIA INSURANCE COMPANIES `J 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 ll. ROHM, CHERYL L. THOMAS, D.J. PICARD AND BEATA A. SENSI OF ROHM INSURkNCE 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 Attflmey is granted and is signed and sealed by facsimile under and by the authonty of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMN17Y [NSURANCE COMPANY az a mceung duly called the 11'4 day of July, 2011 RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Avomey(s) in Fact and autbonze the Attorney(S) in Fact to execute on behalf of the Company bands 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 Attomeyrn•Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signarures of such officers and the seal of the Company may be affixed to any such Power of Atromey or certificate relating thereto by facsimile, and any Such Power of Attorney so executed and certified by facsimile signatures and facsimdc 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 IST" DAY OF JULY, 2011 ` ",,,r i a., "'0' �ppw T Y /'•. �oFy0RAre so z 4 19_2 7 ret Presid nt u+ Gd ckf,NSrLyxN�' O: S. !rChnstopher 1 Maguire "" �1�.` President Philadelphia Indemnity Insurance Company, a Pennsylvania Corporation. On this 18TH day of July 2011, before me came the individual who executed the preceding insirurnent, to me persorially known. and being by me duly sworn said that he is the therein described and authorized otTcer of the PHILADELPHIA I`iDENfNITY INSURANCE CONIPANVY' that the seal affixed to said irutrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed Co.411+1EoNW0 H O PENNSYLVANIA rtctmil 83x1 Kin bWy A Kaa:a✓dd, MMM potinly i toriar hieCanihp • Llortrs;Y cw&uton raj s0.1012 i-1. r, enrray a n as I. Craig P. Keller, Executive Vice President. Chief Ftnat•,ciai OlTicer and Secretary of P141LADELPHIA [NDEMNITY INSURANCE COMPANY, do herby Certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 18x" day of July 201 tare titre and correct and are still in full force and effect. I do further certify that Christopher 1 Maguire, oho executed the Power O3 Anomey as Presidcnr, was on the date of cxzcution of the attached Power of Atiomey the duly elLc led President of PHILADELPHIA INDEivrMTY INSURANCE Co LM?ANY, In Testimony Whereof I have subscribed my name and affixed the facsimile sea[ of each Company this 6th day of Nagy embe t 20 14 C eller Executive Vice Presiders, Chief Financial Officer & Secretary ACKNOWLEDGMENT State of California County of I .j On _� ; f + It ~ -Y'r1 ` i before me,! 1; - \' �( C��It.t� (insert name and title of the officer) personally appeared t• + i who proved to me an the basis of satisfactory evidence to be the person(�) whose name(s)Cis/are subscribed to the within instrument and acknowledged to me that Kelshenhey executed the same in hislherltbeir authorized capacity0es), and that by hislherltheir signature() on the instrument the personol. 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, -.•. ,i ^ � «� . �� �• inn_ t�0uf:t�r17 y i' � , .. i �J'rY'7:w_ ,p..r.:"'ia.:r �'?'�71'.`,i''f!''�"•Y �'' ,4 l Signature (Seal) RELEASED Date:73un 5. r _ Bond No.: PB02497500201 Signat _ . Premium: $3,060.00/2 yrs. EXECUTED IN TRIPLICATE City Clerk City of Sapistran , CFI SUBDIVISION FAITHFUL PERFOR ANCE BOND (GOVERNMENT CODE 66499.2) KNOW ALL MEN BY THESE PRESENTS, that TNHC San Juan LLC, a Delaware limited liability company (hereafter designated as "Principal'), agrees to install and complete certain designated public improvements as conditioned by City Council Resolution No. 14-08_19-02 WHEREAS, said Principal is required to furnish a bond for the faithful performance to guarantee certain work, more particularly described as follows: Tract 17655 - OLIVA SUBDIVISION - Exhibit B Street Improvements 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 Hundred Four Thousand & N01100ths Doilars, ($204,000,00__) 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 4th 2015 , at Orange SURETY Philadelphia Indemnity Insurance Company By: Shane Wolf, Attorney -in -Fact APPROVED AS TO FORM: By Hans Van Ligten, City Attorney day of March , California. PRINCIPAL TNHC San Juan LLC, a Delaware limited liability company By: The New Home Company Southern California LLC, a De a Limited Liability Company (NOTARIZATION A SEAL) Page 2 of 2 ALL- PURPOSE CERTIFICATE OF 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 Los Angeles } On March 4, 2015 before me, Susan E. Morales, Public ere insert name an tit e or me o cer) personally appeared Shane Wolf who proved to me on the basis of satisfactory evidence to be the person( whose name(&) is/ale subscribed to the within instrument and acknowledged to me that he/s*efthrey executed the same in his/he4# eir authorized capacity(fes), and that by his/he4;4 ir signature(&) on the instrument the person(.&), or the entity upon behalf of which the person(4s4 acted, executed the instrument. 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. �2C _ !/1 Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Subdivision Perf. Bond (TNHC San Juan) (Title or description of attached document) Philadelphia Indemnity Insurance Co. (Title or description of attached document continued) Number of Pages 2 Document Date 314115 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) 0 Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version www NotaryClasses.com 800-873-9865 SUSAN E. MORA;! ES It OR t:.Irh 2r3, UiS �.�R"a,�r:��Af........+4►6 3Fa.. )Lti�.T:tk'::i:C�F.'vYd� INSTRUCTIONS FOR COMPLETING THIS FORM This form complies ivith current California statutes regarding notary ivording and, if needed, shonld be completed and attached to the document. Acknohcedgents from other stales may be completed for documents being sett to that state .fo long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public) • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. the/she/they- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i e CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple 24 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, SHANE WOLF, CHERYL L. THOMAS 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 $25,00,0I}6A(I This Power of Attorney is granted and is signed and seated by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY rNSURANCE COMPANY at a meeting duly called the l"day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) 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 AMxed 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 THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7Tn DAY OF FEBRUARY 2013. 1927 (Sea]) """' Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 7h 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 Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. Cofrl tiyivni. p�NESYLYA[aA NOTARIAL SEAL DAPNELLF PORATH. Notsry Ptkic LOW WOW Tw - l'bonwaery C u* fAfteit�srlKl Aarr h PP 16 Notary Pub] is residing at: (Notary Seal) My commission expires: 4/1-k k__ Bala Cynwyd PA March 22 2016 I, Craig P. Keller, Executive Vice President, Chief Financial Offtcer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Powerof 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 Attomey as President, was on the date of execution of the attached Power of Attorney the duly elected Presidcrtt of PHILADELPHIA INDEMNITY INSURANCE COMPANY, ,rtAR �i - 2415 In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of `t I 20 •.9 ; Craig P, Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY 1927 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 r•y-- -�Y-.- _ _ n•`;•G�'�•c�:,GC�'.e��^,.c`Gsc'`,C..G;[=.G\ �={.."riY�.ciCr/�c�.r.`i�'.�;Cr£.'.:".t>'C�r�'�C.f:\,r.�'.C•Yx_.C-�ifaY��i.Yi�� /iSli 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 1�' before me,� Date Here Insert Name and Title of the Officer personally appeared 6(%l Name of Signe 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. WITNESS my hand and official seal. Signature Sig ature 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing 02014 National Notary Association - www. National Notary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 RELEASE® Date: Bond No : PB02497500201 EXECUTED IN TRIPLICATE Signat e: Premium included with City Clerk the Performance Bond City of San Juan Cap9strano. A SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE 66499.2) KNOW ALL MEN BY THESE PRESENTS, that TNHC San Juan.LLC, a Delaware limited liability company (hereafter designated as °Principal'), agrees to install and complete certain designated public improvements more particularly described as follows: Tract 17655 - OLIVA SUBDIVISION - Exhibit B Street Improvements 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 Hundred Four Thousand & N0/100ths Dollars, ($20000.00 ) 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. 14-08-19-02 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 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 4th day of _ March 2015 , 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 liability company By: The New Home Company Southern California LLC, a Delaware Limited Liability Company By: Shane Wolf, Attorney -in -Fact {NORTARIZATION AND EALj APPROVED A TO FORM: BY Hans Van Ligten, City ftorney NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 I ALL- PURPOSE CERTIFICATE OF 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 Los Angeles On March 4, 2015 before me, Susan E. Morales, Notary Public { ere inset% name and 11135110 the ornceq personally appeared Shane Wolf who proved to me on the basis of satisfactory evidence to be the person(,&) whose name(a) is/aye subscribed to the within instrument and acknowledged to me that he/aheAhey executed the same in his/U@4#�@k authorized capacity(aes), and that by his/haRk4eksignature(.&) on the instrument the person(e), or the entity upon behalf of which the person(.&) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. };.y�1ltV+ti siil�i'%w'�-'fiA5ag4+sib'�"'F+4t4'�.i"r WITNESS my hand and official seal. �'� _.,,_ 930-723 28, 2015 Rota ry Public Signature (Notary Public seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Subdivision Pay Bond (TNHC San Juan) (Title or description of attached document) Philadelphia Indemnity Insurance Co. (Title or description of attached document continued) Number of Pages 3 Document Date 314115 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) 21 Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version www NotaryClasses corn 800-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies ivith current California statutes regarding notary ivording and, if needed, should be completed and attached to the document. Acknohvedgenis from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public) • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. tae/she/they,- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer, indicate the title (i.e CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple 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, SHANE WOLF, CHERYL L. THOMAS AND BEATA A. SENSI OF ROHM INSURANCE AGENCY Its true and lawful Attomey(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 52S•00000he This Powerof Attorney is granted and is signed and sealed by Facsimile under and by the authority orthe following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I° day orluly, gal I. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) 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 INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7TI1 DAY OF FEBRUARY 2013. Y 1927 (Seal) �.... Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 7's 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 Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed, CAM PEN"VLVAtnA NOTARIALSEAL DANIELLE PORATH.; D r*yPublc LonerWrbn TwP., Pk Ctw carassat M=h 22.201 Notary Public: residing at: (Notary Seal) My commission expires: Bala Cynwyd PA March 22, 201 b I, Craig P. Keller, Executive Vice President, Chief Financial OlTcerand Secretary or PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing MSOlution of the Board or Directors and this Power of Attorney issued pursuant thereto are true and correct and are still in full Farce and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was an the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereorl have subscribed my name and affsxed the facsimile seal of each Company this day or IYIQn 20 Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY 1927 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 before me,J�GG4 _. Ap�!C Date Here Insert Name and Title of the Officer personally appeared Nameo. of Signerf4 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. WITNESS my hand and official seal. Signature Signature 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: Number of Pages: _ Document Date: Signer(s) Other Than Named Above: _ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: _ ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www. National Notary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 RELEASED Date: �,L l Bond No.: PB02497500201 Date. 1 I -Premium: $3,060.00/2 yrs. EXECUTED IN TRIPLICATE SignatCity Clerk City of San Juan Capistrano, _SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.2) KNOW ALL MEN BY THESE PRESENTS, that TNHC San Juan LLC, a Delaware limited liability company (hereafter designated as "Principal'), agrees to install and complete certain designated public improvements as conditioned by City Council Resolution No. 14-08_19-02 WHEREAS, said Principal is required to furnish a bond for the faithful performance to guarantee certain work, more particularly described as follows: Tract 17655 - OLIVA SUBDIVISION - Exhibit B Street Improvements 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 Hundred Four Thousand & N01100ths Dollars, ($204,000.00 ) 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 4th day of March 2095 , at Orange , California. SURETY PRINCIPAL Philadelphia Indemnity Insurance Company TNHC San Juan LLC, a Delaware limited liability company By: The New Home Company Southern California LLC, a Delaware LiLimited ,Liability Company By _ / Shane Wolf, Attorney -in -Fact (NO ARIZATION a SEAL) APPROVED AFORM: gy Hans Van Lig ttorney Page 2 of 2 ALL- PURPOSE CERTIFICATE OF 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 Los Angeles } On March 4, 2015 before me, Susan E. Morales, Nota Public ;Here insen name ancl u 0e OT tne cer} personally appeared Shane Wolf who proved to me on the basis of satisfactory evidence to be the person(t) whose name(&) is/afe subscribed to the within instrument and acknowledged to me that he/&hefrhey executed the same in his/he4t4etr authorized capacity(imes), and that by his/her-/#+reir 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. E. !..,10RALES 1930723 r�• iit?fy:r;'l ' tt ti':-CAUFO NIA— (Notary Public` Wit. csv�cars WITNESS my hand and official seal. Notary Public Signature ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Subdivision Perf. Bond (TNHC San Juan) (Titre or description of attached document) Philadelphia Indemnity Insurance Co. (Title or description of attached document continued) Numberof Pages 2 Document Date 3/4/15 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) 0 Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version w\rNv NotaryClasses com 300-873-0865 INSTRUCTIONS FOR COMPLETING THIS FORM This farm complies svilh current California statutes regarding notary trording arid, if needed should be completed and attached to the decurrent. ,4ckrrahvedgenis from other stares may be completed for doctanents being sent to than slate so long as the ivording does not require the California notary to violate California notary lar,. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e Ite/she/the�— is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • 'the notary seal impression must be clear and photographically reproducible. Impression must not cover text or Iines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgmant Form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document Indicate title or type of attached document, number of pages and date Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i e CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple 22 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, SHANE WOLF, CHERYL L, THOMAS 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 S25.8".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" day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) 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 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 ceriifscate 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 THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7TH DAY OF FEBRUARY 2013. .w..r�r. 1927 y (Seal) """' eu__4,�o Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 7h 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 Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. corn p�r��tr:sruv,� NgiAiilAl5ERt DAPNF1tF P0RA1X ftW.- RMCt�y Low Marian 1 - Pho 2Gi9 ' Notary Public: residing at: (Notary Seal) My commission expires: Bala Cynwyd. PA March 22. 2016 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 Attomey 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 Attomey 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 day of I� A g — 4 2M . 20 Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY 1927 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 rr&/1} i7 On iQ/tC:� �� 20��� before me,�C'QQ-��2�' If��IG/f1�ct✓ Date Here Insert Name and Title of the officer personally appeared Name of Signe) 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. WITNESS my hand and official seal. Signatureilr Signature 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s):. _ ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 RELEASED Date: - Bond No.: PB02497500201 EXECUTED IN TRIPLICATE Signat e: Premium included with Oty Clerk City' of San Juan Capistra , CA 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 liability company (hereafter designated as "Principal"), agrees to install and complete certain designated public improvements more particularly described as follows: Tract 17655 - OLIVA SUBDIVISION - Exhibit B Street Improvements 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 Hundred Four Thousand & NO/100ths Dollars, ($204,000-00 ) 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. 14-08-19-02 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 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 4th day of March 2015 , the name and corporate seat 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 liability company By: The New Home Company Southern California LLC, a Delaware Limited Liability Company a By: D• Shane Wolf, Attorney-in-Fact {NORTARIZATION AND EAL} APPROVED AS TO FORM: BY (&� Hans Van Ligten, Ci y vrney NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 ALL- PURPOSE CERTIFICATE OF 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 Los An @les On March 4, 2015 before me, Susan E. Morales, Notaly Public I ere Insert name and a e o the a rer3 personally appeared Shane Wolf who proved to me on the basis of satisfactory evidence to be the person() whose name(s) is/aFe subscribed to the within instrument and acknowledged to me that he/sheMgey executed the same in his/Uagthek authorized capacity(+@&), and that by his/fir signature( on the instrument the person(e), or the entity upon behalf of which the person(.&) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 1930`23 �z w: (': r ,, . 1 } �, .J•1-__�y,.� .� _•0 'rte. - C' °-CNT e 'II�ERi �iA L Col- ;11: %4::.mh 29. 201:7:1. (Notary Public SE!j' "` ° "F..' '-, •4bt�.4 `JdtL' �3Rv.s WITNESS my hand and official seal. vl't4C.-' -?-- . mom, atary Public Signature ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Subdivision Pay Bond (TNHC San Juan) (Titre or description of attached document) Philadelphia Indemnity Insurance Co. (Title or description of attached document continued) J Number of Pages 3 Document Date 3/4/15 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) 0 Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 `version ,,jAw iNotaryCIasses. ccm 800-373-5865 INSTRUCTIONS FOR COMPLETING THIS FORM Thisform complies i0th current California statutes regarding notary wording and. if needed. should be completed and attached to the document. Rclatolwedgenis from other states may he completed for documenu being sent to that state so fang as the wording does not require the California notary to violate California notary law" • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally" appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public)- • Print the name(s) of document signer(s) who personally appear at the time of notarization" • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e" tie/she/4wy- is /are ) or circling the correct fors. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment for" • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date - Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple" 23 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, SHANE WOLF, CHERYL L. THOMAS AND BEATA A. SENSI OF ROHM INSURANCE AGENCY Its true and lawful Attomey(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 527.000.000.00 This Power of Attomey 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 1" day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) 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 ofTcers and she 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 THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7 T DAY OF FEBRUARY 2013. =Y r _ (Seal) """ Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 7's 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 Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. G6M h70[i N �Courd NOtARDAMELLE PORLararlleranr MY crr 201 Notary Public: residing at: (Notary Seal) My commission expires: bAlkL /�,_ Bala nwvd_ PA March 22 20 b 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 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 I have subscribed my name and affixed the facsimile seal of each Company this day of MAR - 4 L 01 a 20 S mlti ; Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY _ 1927 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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/aa/�� ��� .20/5 before me, �GClc� JJQ (.el Date Here Insert Name and Title of the Officer personally appeared Name�of Signed 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. WITNESS my hand and official seal. 'D Signature Sign Lure 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: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator F1 Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association - www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 RELEASE® 00 Date: Bond No.: PB02497500201 Signal Premium: $3,060.00/2 yrs. EXECUTED IN TRIPLICATE city Clerk City of San Juan Capistrano A SUBDIVISION FAITHFUL PERFORMANCE 13ON-0 (GOVERNMENT CODE 66499.2) KNOW ALL MEN BY THESE PRESENTS, that TNHC San Juan LLC. a Delaware limited liability company (hereafter designated as "Principal"), agrees to install and complete certain designated public improvements as conditioned by City Council Resolution No. 14-08_19-02 WHEREAS, said Principal is required to furnish a bond for the faithful performance to guarantee certain work, more particularly described as follows: Tract 17655 - OLIVA SUBDIVISION - Exhibit B Street Improvements NOW, THEREFORE, we, the Principal are held firmly bound unto the City of San Juan Capistrano, (hereafter called "Obligee") in the penal sum of Two Hundred Four Thousand & N01100ths Dollars,. ($ 244,000.00 ) 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 4th 2015 , at Orange SURETY Philadelphia Indemnity Insurance Company By: Shane Wolf, Attorney -in -Fact APPROVED AS TO FORM: By a4A��� Hans Van Ligten, City Attorney day of March , California. PRINCIPAL TNHC San Juan LLC, a Delaware limited liability company By: The New Home Company Southern California LLC, a Delaware Limited Liability Company (NOTARIZATION AND EAL) Page 2 of 2 ALL- PURPOSE CERTIFICATE OF 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 Los Angeles On March 4, 2015 before me, Susan E. Morales, Notary Public era meeri name and Me amr-ri personally appeared Shane Wolf who proved to me on the basis of satisfactory evidence to be the person( -Sr} whose name(&) is/ale subscribed to the within instrument and acknowledged to me that he/ -,;H ey executed the same in his/fir authorized capacity(ies), and that by his/Bair signature(.&) 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. Z=CZ,W, ?—V . M,11 Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Subdivision Perf. Bond (TNHC San Juan) (Titre or description of attached document) Philadelphia Indemnity Insurance Co. (Title or description of attached document continued) Number of Pages 2 Document Date 3/4/15 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) El Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015'dersior ,vwiv NotaryClasses coo 800-873-98005 SUSAN E. 1.:J-7RALES 030723 .l CA=.iF�3trU� y -004 y W. r.��,•.�, [Tltstiwwi+i't INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current Catifaraia statures regarding nolarp wording a+rd. if needed. should be completed and attached to the doct+mtent.. Iclarohvedge++Is jrvnr other stares may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary lain. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization • Indicate the correct singular or plural forms by crossing off incorrect forms (i e- he/she/tkey; is /are ) or circling the correct forms- Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible - Impression must not cover text or lines. If seal impression smudges. re -seal if a sufficientarea permits. otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document Indicate title or type of attached document, number of pages and date. . Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e CEO, CFO, Secretary)- • Securely attach this document to the signed document with a staple 20 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, SHANE WOLF, CHERYL L. THOMAS 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 or its business and to bind the Company thereby, in an amount not to exceed S25 000,000.00 This Power ofAltorney is granted and is signed and scaled 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"day of July.201 I. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) 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 or such officers and the scal or the Company may be afrixed 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 THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7 rH DAY OF FEBRUARY 2013. 1927 (Seal) eo_-,,�o Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 7'' 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 Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. mrd ��wsrirvr�nus. NOTAMAL 1. my Carart iut A 0AMELLE PORATH. Not PUNC Cou Notary LowerVaiMT fkUmh2201 Public residing at: (Notary Seal) My commission expires: Bala Cynwyd. PA March 22- 2016 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 Attomey as President, was on the date of execution of the attached Power ofAttorney 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 day of MAR — 4 7015 20 Fy r' Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary Y PHILADELPHIA INDEMNITY INSURANCE COMPANY 1927 . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 of67 `� ,7., I, On l auk_ N, ;W /5 before me, ►V I� i}� A/0674 !" Pac-. Date Here Insert Name and Title of the Officer personally appeared —IYe Name(yof Signed) 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. WITNESS my hand and official seal. Signature Signature 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s):. _ ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 RELEASED Date: V Bond No.: P602497500201 EXECUTED IN TRIPLICATE Signatu Premium included with City, Clerk City�of San Juan Capistran , G 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 liability company (hereafter designated as "Principal'), agrees to install and complete certain designated public improvements more particularly described as follows: Tract 17655 - OLIVA SUBDIVISION - Exhibit B Street Improvements 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 Hundred Four Thousand & NO/100ths Dollars, ($204,000.00 ) 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. 14-08-19-02 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 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 4th day of _ March 2015 , 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 liability company By: The New Home Company Southern California LLC, a Delaware Limited Liability Company By: Shane Wolf, Attorney -in -Fact ' (NORTARIZATION ANP*AL) APPROVED A TO FORM: BY *ansVan Ligten, City Attorney NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 ALL- PURPOSE CERTIFICATE OF 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 Los Angeles } On March 4, 2015 before me, Susan E. Morales, Nota Public ere ,ne art name ano v e OT me cerr personally appeared Shane Wolf who proved to me on the basis of satisfactory evidence to be the person(AJ) whose name(s) is/a-Fe subscribed to the within instrument and acknowledged to me that he/94eMiey executed the same in his/U@;A4@k authorized capacity(jes), and that by his/ti A% ..'- signature(.&) on the instrument the person(g), 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. rG'�.trif�:`�'�i�>:2,C,`.: :,'•t`. �if�: 2: ,t• •.yy:,f.`':$+V�'�r`� a;. 1,r •- ! :. '':-�-DRv I_ES 1930723 •-''r;, L:n:':.,s`: -rJ, 21116 (Notary Public Seal} WITNESS my hand and official seal. r Notary Public Signature ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Subdivision Pay Bond (TNHC San Juan) (Title or description of attached document) Philadelphia Indemnity Insurance Co. (Title or description of attached document continued) Numherof Pages 3 Document Date_ 3/4/15 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) 0 Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version 'm)vw NotaryClasses cam BCD -873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknohvedgents from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/t-her is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form • Signature of the notary public must match the signature on file with the office of the county clerk Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document Indicate title or type of attached document, number of pages and date Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer, indicate the title (i.e CEO, CFO, Secretary) • Securely attach this document to the signed document with a staple 21 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, SHANE WOLF, CHERYL L. THOMAS 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 525,000,000.00 This Power of Attorney is granted and is signed and scaled 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° day of July. 2011 - RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attomey(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 THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7TH DAY OF FEBRUARY 2013- 1927 - (Seal) "" Robert D O'Leary Jr, President & CEO Philadelphia Indemnity Insurance Company On this 7's 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 Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. L17rd"= CF A�SYtYA1aR NOTARIAL SEAL DA1I1ELLE PORATH, N�t� Y P �c L medm n l+tardl 2T 2019 Notary Public: residing at: (Notary Seal) My commission expires: bAll'k fk- Bala Cvnwvd PA March 22 2016 1, Craig P. Keller, Executive Vice President, Chief Financial OtTtoer 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 ilte 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 day of MAR _ 4 21015 20 Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY 1927 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 0, 2D15 before me, �.� 14040, Date Here Insert Name and Title of the Officer personally appeared Name(s) 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 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. WITNESS my hand and official seal. Signature Signature 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 RELEASE® Date: Signatu Bond No.: PB02497500204 EXECUTED IN TRIPLICATE City Clerk Premium: $3,705.00/2 yrs. City of San Jua pistrano, CA SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.2) KNOW ALL MEN BY THESE PRESENTS, that TNHC San Juan LLC, a Delaware limited liability company (hereafter designated as "Principal'), agrees to install and complete certain designated public improvements as conditioned by City Council Resolution No. 1.4=08-19-02 WHEREAS, said Principal is required to furnish a bond for the faithful performance to guarantee certain work, more particularly described as follows: Tract 17655 - OLIVA SUBDIVISION - Exhibit E Drainage Improvements 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 Hundred Forty-SevenThousand & NO/100ths Dollars, ($247,000.00_ ) 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 4th day of March 2015 , at Orange , California. SURETY PRINCIPAL Philadelphia Indemnity Insurance Company TNHC San Juan LLC, a Delaware limited liability company By: The New Home Company Southern California LLC, a Delawa.e Limited Liability Company By: - �^ Shane Wolf, Attorney -in -Fact (NOTARIZATION ANDS L) APPROVED AS TO FORM: By Hans Van Ligten, City Attorney Page 2 of 2 ALL- PURPOSE CERTIFICATE OF 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 Los Angeles } On March 4, 2015 before me, Susan E. Morales, Nota Public triere insert name and title of the o cer) personally appeared Shane Wolf who proved to me on the basis of satisfactory evidence to be the person(e) whose name() is/afe subscribed to the within instrument and acknowledged to me that he/&heftl�e executed the same in his/ke4the+r authorized capacity(+es), and that by his/bei->r#h it signature(&) 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. /' �.�,;. 72' _ d1t�.lga4 w. ,'•'r G- ,n. ^, 20 i:� 13otary Public Signature (Notary Public SeAl r - ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Subdivision Perf. Bond (TNHC San Juan) (Title or description of attached document) Philadelphia Indemnity Insurance Co. (Title or description of attached document continued) Number of Pages 2 Document Date 3/4/15 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) 0 Attomey-in-Fact ❑ Trustee(s) ❑ Other 20"5 `ice _rtCiasses --crn -0,C-8'3-S866 INSTRUCTIONS FOR COMPLETING THIS FORM This farm complies trith current California statutes regarding notary wording and if needed, should be completed and attached to the dacurnnent.: fcknahredgents from other stares mqy be completed far documents being sent to that state so long as the ivording does not require the California notary to violate California notary lax,. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public) • Print the name(s) of document signer(s) who personally appear at the time of notarization • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. {ae/she/t 3ej- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover tent or lines. Irseal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgement Form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document Indicate title or type of attached document, number of pages and date Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple 42 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 ofPennsylvania, does hereby constitute and appoint: TODD M. ROHM, SHANE WOLF, CHERYL L. THOMAS 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 S25.001DA00-00 This Power ofAttorney 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 1" day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) 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 oMcers 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 THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7T" DAY OF FEBRUARY 2013, 1927 (Seal) Robert D, O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 7'' 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 Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. GDMIMp WEALT 1 OF AFNNSVLVAYCA HfliAMAL 5FAL DANRILE PDRATH. Nutwy ptmr Lower IAesianT , hh Cou��Styy Cgrmri9sion �201i1 Notary Public residing at: (Notary Seal) My commission expires: bvkL fj�-- Bala Cvnwvd P March 22 2016 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 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 Attomey as President, was on the date of execution of the attached Power of Attomey 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 — 4 2015 day of MAR 20 '• Craig P Keller, Executive Vice President, Chief Financial Officer & Secretary - PHILADELPHIA INDEMNITY INSURANCE COMPANY 1927 CALIFORNIA• • • v. _A _A .A .A _A .A .A .A .A .41 .� .�..w .i1 .r•1C.'� 1v'.v� ,A ,A ,1T -R .AC.'A .A .s� .9. .V. .��.A .'1{_A .v. v. .A .1 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 _ J before me, AY Im Z)M/ Date Here Insert Name and Title of the Ot4cer personally appeared Name X of Signe 94 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. OIILCE DANIELLE BARKER Commission 0 209991 B i . Notary Public - California z Orange County r AA Cornet. Ex fres Feb 12, 2019 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. Signature Sign ture 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: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: _ Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: _ Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 RELEASED Dater — Signat e: _ -- City Clerk Bond No.: PB02497500204 EXECUTED IN TRIPLICATE City of San Ju n Capistran , CA 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 liability company (hereafter designated as "Principal'), agrees to install and complete certain designated public improvements more particularly described as follows: Tract 17655 - OLIVA SUBDIVISION - Exhibit E Drainage Improvements 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 Hundred Forty -Seven Thousand & NO/100ths Dollars, ($247,000.00 1 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. 14-08-19-02 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 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 4th day of __ _March 2015 , 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 liability company By: The New Home Company Southern California LLC, a Delaware Limited Liability Company By: C�f Shane Wolf, Attorney -in -Fact (NORTARIZATION AND SEAL) APPROVED AS TO FORM: r BY Hans Van ten, City Attorney NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 ALL- PURPOSE CERTIFICATE OF 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 Los Angeles } On March 4, 2015 before me, Susan E. Morales, Notary Public {erg Insert name armi tse of We ollican personally appeared Shane Wolf who proved to me on the basis of satisfactory evidence to be the person(g) whose name(s) is/a-Fe subscribed to the within instrument and acknowledged to me that he/&heR+tey executed the same in his/Ua4g4ok authorized capacity(+@&), and that by his/ @4t ek' signature(-s4 on the instrument the person(s), 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. •�+�e�ar, I r_ _ -� WITNESS my hand and official seal. .- otary Public Signature (Notary Public Seal 1 _ • - n'�-�°}r14 ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and DESCRIPTION OF THE ATTACHED DOCUMENT if needed. should be completed and attached to the document- Acknolivedgentsfrom other states may be completed for documents being sent to that state so long as the Subdivision Pay Bond (TNHC San Juan) r+`ording does not require the California notary to violate California notary law (Title or description of attached document) • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. Philadelphia Indemnity Insurance CO. -- • Date of notarization must be the date that the signer(s) personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed 3/4/15 • The notary public must print his or her name as it appears within his or her Number of Pages 3 Document Date commission followed by a comma and then your title (notary public) • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. #qe/she/they is /are) or circling the correct forms Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording- El Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a jitie) sufficient area permits, otherwise complete a different acknowledgment form. s • Signature of the notary public must match the signature on file with the office of El Partner (s) the county clerk E Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other Indicate title or type of attached document, number of pages and date- ❑ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i e CEO, CFO, Secretary). 21, 15 ; ersioc nrriw Notary Classes cont 8CC-873-: 865 Securely attach this document to the signed document with a staple 43 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, SHANE WOLF, CHERYL L. THOMAS AND BEATA A. SENSI OF ROHM INSURANCE AGENCY Its true and lawful Attomey(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 S25.0©0,000.00 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 1" day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) 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 INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7r" DAY OF FEBRUARY 2013. f127 (Seal) Robert D, O'Leary Jr, President & CEO Philadelphia Indemnity Insurance Company On this 7h day of February 2013, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly swom 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. CCWM WPAtT"*FPET¢ 6VLVAN1A hOTARRL,SEAL DANELLE PC)WrH. iJc" PLM Louie Mwm rwp., Ik Cou�tstttyy Ca=, - FaWes�2416 ' Notary Public: residing at: (Notary Sea]) My commission expires: Bala Cvnwvd. PA March 22. 2016 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 Attomey 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, MAR pp -42015 In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of .20 '' • Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY I927 - F 1r . CALIFORNIA•CODE 11 a .SA A .h .R .A'.A .C\ _h .R .R .9� .R .'T .Ae.'�'r. .a ,�, .vi A .cam :a _cc.v. ,s:.....K..v..m..c� .A .r• .sr..R .me.c� .v,, .+-.. _t 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 CaliforniaD ) County of On , //- . / /4I ;W 1: before me, { Date _ Here Insert Name and Title of the personally appeared Name(f of Signe 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. ❑ULC' OANIELIEBARKER Commission 0 2099918 x . �•r Notary Public - California z z Orange County My Comm. l ires Feb 12, 2019 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. Signature Sign Lure 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: Number of Pages: _ Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 RELEASE® Date: U.._-- Signatu City Clerk Bond No.: PB02497500204 EXECUTED IN TRIPLICATE City of San ]u Capistrano, Premium: $3,705.00/2 yrs. SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.2) KNOW ALL MEN BY THESE PRESENTS, that TNHC San Juan LLC, a Delaware limited liability company (hereafter designated as "Principal'), agrees to install and complete certain designated public improvements as conditioned by City Council Resolution No. 14-06-19-02 WHEREAS, said Principal is required to furnish a bond for the faithful performance to guarantee certain work, more particularly described as follows: Tract 17655 - OLIVA SUBDIVISION - Exhibit E Drainage Improvements NOVV, THEREFORE, we, the Principal are held firmly bound unto the City of San Juan Capistrano, (hereafter called "Obligee") in the penal sum of Two Hundred Forty-SevenThousand & NO/100ths Dollars, ($247,000.00_ ) 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 4th 2015 , at Orange SURETY Philadelphia Indemnity Insurance Company By. Shane Wolf, Attorney -in -Fact APPROVED TO FORM: By Hans Van Ligten, City Attorney day of March California_ PRINCIPAL TNHC San Juan LLC, a Delaware limited liability company By: The New Home Company Southern California LLC, a Delaware LimitedLiabilityCompany (NOTARIZATION AND S AL) Page 2 of 2 ALL- PURPOSE CERTIFICATE OF 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 Los Angeles On March 4, 2015 before me, Susan E. Morales, Nota Public M era gnsert name an uta or me loriceri personally appeared Shane Wolf who proved to me on the basis of satisfactory evidence to be the person( -S} whose name(&) is/afe subscribed to the within instrument and acknowledged to me that he/srlrefrlrtey executed the same in his/ha4theinr authorized capacity(im s), and that by his/h•e,FAh it 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.' E. k)l'J�' '`E` _ sr �':-�� 72 3 # 1930 otary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Subdivision Perf. Bond (TNHC San Juan) (Title or description of attached document) Philadelphia Indemnity Insurance Co. (Title or description of attached document continued) Number of Pages 2 Document Date 3/4/15 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) 0 Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 iem en vvvyn ioi_r/Classes core 800-373-9865 INSTRUCTIONS FOR COMPLETING THIS FORM This farm complies with current California stattrtes regarding notary wording arid. if needed, should be completed and attached to the docunteni..4cknobvedgetws from other crates may be completed for doctmtews being sent to that state so long as the wording does not require the California notary to violate California notary larv. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public) • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e- Ice/she/ is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or Iities. If seal impression smudges. re -seal if a sufficient area permits, otherwise complete 6 different acknowledgment rorm. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i e CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple W 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, SHANE WOLF, CHERYL L. THOMAS AND BEATA A. SENSI OF ROHM INSURANCE AGENCY Its true and lawful Attomey(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 S27 000,000.00 This Power of Attorney i5 granted and is signed and sealed by facsimile under and by the authority of the following Resolution ado ptcd by the Board of Directors of PH I LA DEL P 14.1 A INDEMNITY INSURANCE COMPANY at a meeting duly called the 1' day ofIuly.2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) 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 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 ofAttomey or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seat 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 7 T1 DAY OF FEBRUARY 2013. 19L (Seal) """' e(3 Robert D O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 7h 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 Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed com WN ",A",A pE+srLVAXtA NOTARIAL SUL DANSELLE PORATH, Nuhn PuM'�ry LeweriAerionT ..'nt920i6 Cut rmtsslan Notary Public: residing at: (Notary Seal) My commission expires: ,5VL,,0L fi- Bata Cvnwvd. PA March 22 2016 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 ofAttomey 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 eeeeuted the Power ofAttomey as President, was on the date of execution of the attached Power ofAttomey the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, AA �t 1 In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of MAR _ 4 2 U E 5.20 Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY 1927 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 it%�i _ �� , OI before me, Aawl,& i5ad ,,fir f AlQ ei Date personally appeared ✓v�� Here Insert Name and "Lie of the Officer Namefj of SignerX 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. OULCE DANIELLE BARKER Commission 0 2099918 Notary Public - CalBornia z x Orange County My Comm. E ires Feb 12, 2019 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. Signature Sig afore 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: Number of Pages: . Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ElCorporate Officer — Title(s): ElPartner — 1-1Limited LlGeneral ElIndividual ElAttorney in Fact ElTrustee ElGuardian or Conservator ElOther: Signer Is Representing: Signer's Name: ElCorporate Officer — Title(s): ElPartner — ❑ Limited ElGeneral LlIndividual ElAttorney in Fact ElTrustee 1-1Guardian or Conservator ElOther: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 RELEASED Date: V[ I Sigrzat Bond No.: PB02497500204 � � EXECUTED IN TRIPLICATE City. Cleric Premium included with City of San ]uaapistrdno, �i 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 liability company (hereafter designated as "Principal'), agrees to install and complete certain designated public improvements more particularly described as follows: Tract 17655 - OLIVA SUBDIVISION - Exhibit E Drainage Improvements 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 Hundred Forty -Seven Thousand & NO/100ths Dollars, ($247,000.00 ) 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. 14-08-19-02 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 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 4th day of March 2015 , 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 liability company By: The New Home Company Southern California LLC, a Delaware Limited Liability Company By: - Shane Wolf, Attorney -in -Fact (NORTARIZATION AN SEAL) APPROVED AS TO FORM: BY Hans Van Ligten, City Attorney NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 ALL- PURPOSE CERTIFICATE OF 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 Los Angeles On March 4, 2015 before me, Susan E. Morales, Notary Public ere insert name and bue of the amcer) personally appeared Shane Wolf who proved to me on the basis of satisfactory evidence to be the person('J) whose name(s) is/ape subscribed to the within instrument and acknowledged to me that he/_,R-�y executed the same in his/Ued#4f authorized capacity(+@&), and that by his/ agthe;; signature(&) on the instrument the person(s), or the entity upon behalf of which the person(4) 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. USA�'� -�y• -�• - CiUi=.. :'i ..`K'_.�: ^i:.".t..'Uec �e:v: a Grind TY • I - ��,r; ; tl-rch 2d, 20 16, Notary Pudic signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Subdivision Pay Bond (TNHC San Juan) (Title or description of attached document) Philadelphia Indemnity Insurance Co. (Title or description of attached document continued) Number of Pages 3 Document Date 3/4/15 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) EJ Attorney -in -Fact ❑ Trustee(s) ❑ Other 20115 Version vnrnv NotaryClasses = 800-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and. if needed, should be completed and attached to the doctme+rr Adarohredgents franc other stares ma)• be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public) • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/*is /are ) or circling the correct forms Failure to correctly indicate this information may lead to rejection of document recording. • The notary seat impression must be clear and photographically reproducible. Impression must not cover text at lines. If seal impression smudges, re -seal if a sufficient area perm its, othemvise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document - Indicate title or type of attached document, number of pages and date Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer, indicate the title (i.e CEO, CFO, Secretary) • Securely attach this document to the signed document with a staple. 41 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, SHANE WOLF, CHERYL L. THOMAS AND BEATA A. SENSI OF ROHM INSURANCE AGENCY Its true and lawful Attomey(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 S25100,0111.0 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 Hoard of Directors of PHILADELPHIA 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- (1) 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 %vr'stings obligatory in the nature thereof and to attach the seal or 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 orcertificate relating thereto by racsimile, and any such Power of Attorney so executed and ccrtified 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 7T" DAY OF FEBRUARY 2013. 192,7 (Seal) Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 7h 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 Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. W FM4N3VLVAN3A NOTARIAL SEAL 7;DANELLE PORATH, NatNY PL"oryewT ..Mm Couorrnffision M 2U1 Notary Public: residing at: (Notary Seal) My commission expires: AAA,& A, - Bala Cvnwvd PA March 22. 2015 1. Craig P. Kel ter, 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 Prover orAttomey 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 day of At[ — 2 L 0� 20 Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 0 _ ) On d before me, Oidi& Q& -Ie &z�� lVo Cry Date Here Insert Name and Title of the Officer personally appeared NameW of Signer(4 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. OULCE DANIELLE BARKER WITNESS my hand and official seal. ConOssion # 2099918 . a Notary Public - Cafifornia z Orange County n Signature MY Comm. Ex ices Feb 12, 2019 Sig tune 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator F-1 Other: Signer Is Representing: 02014 National Notary Association - www. National Notary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 RELEASED _ Dater Bond No.: PB02497500204 C EXECUTED IN TRIPLICATE i Cleat rk e: Cityy Clerk -Premium: $3,705.00/2 yrs. City of San Juan Capistrano, Cpkl SUBDIVISION FAITHFUL_ PERFORMANCE BONG (GOVERNMENT CODE 66499.2) KNOW ALL MEN BY THESE PRESENTS, that TNHC San Juan LLC, a Delaware limited liability company (hereafter designated as "Principal"), agrees to install and complete certain designated public improvements as conditioned by City Council Resolution No. 14-08-19-02 WHEREAS, said Principal is required to fumish a bond for the faithful performance to guarantee certain work, more particularly described as follows: Tract 17655 - OLIVA SUBDIVISION - Exhibit E Drainage Improvements 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 Hundred Forty-SevenThousand & NO/100ths Dollars, ($247.000 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 4th 2015 , at Orange SURETY Philadelphia Indemnity Insurance Company By: Shane Wolf, Attorney -in -Fact APPROVED AS TO FORM. By Qk/' Hans Van i orney day of March , California. PRINCIPAL TNHC San Juan LLC, a Delaware limited liability company By: The New Home Company Southern California LLC, a Delaware Limited Liability Company r (NOTARIZATION AND, EAL) Page 2 of 2 ALL- PURPOSE CERTIFICATE OF 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 Los Angeles } On March 4, 2015 before me, Susan E. Morales, Notary Public i ere -r sevl na� Giie of Min MTICer] personally appeared Shane Wolf who proved to me on the basis of satisfactory evidence to be the person(5} whose name(&) is/aye subscribed to the within instrument and acknowledged to me that he/sHefthrey executed the same in his/haf44e+r authorized capacity(es), and that by his/4e4;4 ir 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. i�10RALES WITNESS my hand and official seal. fir' #.19'30723 SQL'' E: '•r:-.:,•..�;;�_:� ••C„ri21e site Pilri.. ZZ Nly MC4�}Q y �`•-"r'- 1./i}' C� :,.^.-..: TI.:.�'J. (11i .•. •i 15'l:-fr,+] 7t�r �ij •! rJ �7+.7q►adFf.-....•s+f:%-•wv+�:aYVO'�1J�fd Notary Public Signature (Notary Public Sea' ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Subdivision Perf. Bond (TNHC San Juan) (Title or description of attached document) Philadelphia Indemnity Insurance Co. (Title or description of attached document continued) umber of Pages 2 Document Date 3/4/15 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) 0 Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 version ,vv,kjw'11otaryClasses ccM 300-3-3-:868 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies 1011, current California siarntes regarding nolan, warding and if needed. should be completed and attached to the doctrmenr. ,4cknohvedgents from other stores may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. 1]e/she/they- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. if seal impression smudges, re -seal if a sufficient area permits, otherwise complete a dirfercnt acknowledgment roan. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer, indicate the title (i.e CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple 38 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 orPennsylvania, does hereby constitute and appoint: TODD M. ROHM, SHANE WOLF, CHERYL L. THOMAS 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 obi igatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed 525.000,000.00 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 PHILADE LPI$lA INDEMNITY rNSURANCE COMPANY at a meeting duly called the I# day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) 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 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 INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7T" DAY OF FEBRUARY 2013- 1927 (Seal) ev__4 o Robert D. O'Leary Jr, President & CEO Philadelphia Indemnity Insurance Company On this 7h 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 Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. CpM��{yyp� PgNMYLVANaA ROTMAL SEAL DANELLE POPATH, W9Y Pnb9c rower lAeripnT .. n otugam� Cain iatx is on hk�rd� ?2. i01 Notary Public: residing at: (Notary Seal) My commission expires: bg,.OL A, - Bata Cyriwvd, PA Mgrch 22.2016 t, 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 Attomey the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof l have subscribed my name and affixed the facsimile seal of each Company this day of A &E — 4 2015 20 Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY 1,927 i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Q rte, On GGi %Q ��J� before me, ]x,64 ZL1? J1,e AVAI ` , Data Har- Inc -rt Nam- anrt Titl- of thin nffir-r personally appeared . — _7A/R_ Name$ of 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. WITNESS my hand and official seal. 50 DULCE DANIELLE BARKER Commission #r 2099918 z ,=+ Notary Public - California Z Orange County Signature M Comm, Ex Ives Feb 12. 2019 Signa re 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 RELEASE[ Date:lk Bond No.: PB02497500204 EXECUTED IN TRIPLICATE Signa lerke: Premium included with City Cthe Performance Bond City of San Juan istrano, C SUBDIVISION LABOR AND MATERIAL. BOND (GOVERNMENT CODE 66499.2) KNOW ALL MEN BY THESE PRESENTS, that TNHC San Juan LLC, a Delaware limited liability company (hereafter designated as "Principal'), agrees to install and complete certain designated public improvements more particularly described as follows: Tract 17655 - OLIVA SUBDIVISION - Exhibit E Drainage Improvements 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 Hundred Forty -Seven Thousand & NO/100ths Dollars, ($247,000.00 ) 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. 14-08-19-02 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 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: 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 4th day of March 2015 , 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 liability company By: The New Home Company Southern California LLC, a Delaware Limited Liability Company By, Shane Wolf, Attorney -in -Fact mac= (NORTARIZATION AN EAL) APPROVED AS TO FORM: BY *asV&anit-� Attorney NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 ALL- PURPOSE CERTIFICATE OF 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 Los Angeles } On March 4, 2015 before me, Susan E. Morales, Nota Public titie•» 1nSeRna a anQ e U12 OF a cert personally appeared Shane Wolf who proved to me on the basis of satisfactory evidence to be the person(s) whose name(a) is/a-Fe subscribed to the within instrument and acknowledged to me that he/&heA+tey executed the same in his/Uad44@k authorized capacity(+@&), and that by his/ ek- signature(s4 on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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." =., ! E-. k-110RALES 23 (' s, Notary Public Signature (Notary Public Seal), 28: 20 +b ti.tR.s+.v`V41.-.•.....�wyl�yf.::t=�eo.+�v.?tlyiWiF.R� ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Subdivision Pay Bond (TNHC San Juan) (Title or description of attached document) Philadelphia Indemnity Insurance Co. (Title or description of attached document continued) Number of Pages 3 Document Date. 3/4/15 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) p Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015'•/ersian',xvvw-NotaryC lass as --om 800-873-988-5 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary uvording and• if needed should be completed and attached to the docrunem. Achn lsvedgents from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary /ae,- • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment- • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. 4e/she/thee is /are ) or circling the correct forms Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cower text or iines. IF seal impression smudges. re -seal if a sufficient area permits. otherwise cornplete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document Indicate title or type of attached document, number of pages and date- . Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i e CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple 39 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, SHANE WOLF, CHERYL L. THOMAS AND BEATA A. SENSI OF ROHM INSURANCE AGENCY Its true and lawful Attomey(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 525,000.000.00 This Power of Attomey is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Baud of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I" day of July, 201 L RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) 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 Attomey 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 7TH DAY OF FEBRUARY 2013. 1927 (Seal) Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 7'h day of February 2013, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly swom 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. camwrar pFFfYL�LIIlIiA HoRAwiWL DANIELE POATH.Ncta lyP"O Loxerdam Twp., Fkntou N �MZ201Notary Public: residing at: (Notary Seal) My commission expires: Sala Cvnwvd, PA March ZZ. 2016 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 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 I have subscribed my name and affixed the facsimile seal of each Company this day of MAR — 4 2015.20 a Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY :27 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 0 }}I %�, On A& al Inge_ A1�Vko before me, � ��� G, Here Insert Name and Title of the OfficWr personally appeared / /X AO(' ' Name of 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. duLCE CAtIIEi_LE BARKER WITNESS my hand and official seal. Commission * 2099918 z a Notary Public - California z Z orange County Signature My Comm. Expires Feb 12.2019 Sign tune 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): - ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: _ ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 RELEASED Bond No.: PB02497500205 Date: premium: $13,770.00/2 yrs. EXECUTED IN TRIPLICATE Signa e. City Clerk [Strand, C . City of San Juan p SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.2) KNOW ALL MEN BY THESE PRESENTS, that TNHC San .Juan LLC, a Delaware limited liability company (hereafter designated as HPrincipal"), agrees to install and complete certain designated public improvements as conditioned by City Council Resolution No. 14-08-19-02 WHEREAS, said Principal is required to furnish a bond for the faithful performance to guarantee certain work, more particularly described as follows: Tract 17655 - OLIVA SUBDIVISION - Exhibit F Landscape & Irrigation Improvements NOW, THEREFORE, we, the Principal are held firmly bound unto the City of San Juan Capistrano, (hereafter called "Obligee") in the penal sum of Nine Hundred EighteenThousand & NOl100ths Dollars, ($ 018,000.00 _ ) 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 4th day of March 2095 , at Orange , California. SURETY PRINCIPAL Philadelphia Indemnity Insurance Company TNHC San Juan LLC, a Delaware limited liability company By: The New Home Company Southern California LLC, a Delaware Limited Liability Company By. L Shane Wolf, Attorney -in -Fact (NOTARIZATION ANDS L) APPROVED AS TO FO By Hans Van Ligten omey Page 2 of 2 ALL- PURPOSE CERTIFICATE OF 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 Los Angeles } On March 4, 2015 before me, Susan E. Morales, Notary Public ere insers name ana u e arae 091W" personally appeared Shane Wolf who proved to me on the basis of satisfactory evidence to be the person(&) whose name(&) is/are subscribed to the within instrument and acknowledged to me that he/ --;ti hey executed the same in his/ e+r authorized capacity(ies), and that by his/I}eit#eir 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.19`0 ...._.__'r ._. = N!A r rC OU 14TY atary Public Signature (Notary Public Seal) 4;t-,^,,�,es at«.z. •'+Ga ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Subdivision Perf. Bond (TNHC San Juan) (Titre or description of attached document) Philadelphia Indemnity Insurance Co. (Title or description of attached document continued) Number of Pages 2 Document Date 3/4/15 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) 0 Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 �lersier, vjjjvr `lour/Classes com 800-873-9805 INSTRUCTIONS FOR COMPLETING THIS FORM This form eanmplies +yilh current California statrues regarding notary warding and, if needed. should be completed and attached to the document, Acknolsi edgenis front other states mm• be completed far documents being sen! to drat stare so long as The ivording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the names) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e he/she/ is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple MA 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 afPennsylvania, does hereby constitute and appoint: TODD M. ROHM, SHANE WOLF, CHERYL L. THOMAS 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 S2 000 000.00 This Power ofAttomey is grantedand is signed and scaled 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 V day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attorney(s) in Fact and authorize the Attomey(s) in Fact to execute on beludf or the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereor 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 off leers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Pol%vr of Attorney so executed and certified by facsimile signatures and facsimile seat shall be valid: and biding upon the Company in the future with the respect m 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 7T" DAY OF FEBRUARY 2013. 1927 (Seal) Robert D. O'Leary Jr„ President & CEO Philadelphia Indemnity Insurance Company On this 7's 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 Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. ten+ W�UL DA ELLoWe(IJesiarr#t stn ' Gottmbsinn Notary Public: residing at: (Notary Seal) My commission expires: Bala Cvn%vyd, PA March 22 2016 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 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, (��AA �7 4 2015 In Testimony Whereof I have subscribed my name and affxed the facsimile seal of each Company this day ohr`�n � 20 Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY 1927 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 O } . /,, a //�•� / On WAV tp before me, Date Here Insert Name and Title of the O 'cer personally appeared Name of Signer, 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. DULCE DANIELLE BARKER Commission #r 2099918 Notary Public - California z Orange County r My Comm. ;ZZ" Feb 12, 2019 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. Signature sig lure 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: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www. National Notary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 RELEASED Date: - Slgnat e: Bond No.: PB02497500205 EXECUTED IN TRIPLICATE City Clerk r,A Premium included with City of San Juan Capistrathe 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 liability company (hereafter designated as "Principal'), agrees to install and complete certain designated public improvements more particularly described as follows: Tract 17655 - OLIVA SUBDIVISION - Exhibit F Landscape & Irrigation Improvements 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 Nine Hundred Eighteen Thousand & NO/100ths Dollars, ($918,000.00 ) 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. 14-08-19-02 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 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 4th day of March 2015 , 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 liability company By: The New Home Company Southern California LLC, a Delaware Limited Liability Company By: i_ n Shane VVolf, Attorney -in -Fact {NORTARIZATiON AND S Al-) APPROVED A5 O FORM: BY Hans Van Ligten, City Attorney NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 ALL- PURPOSE CERTIFICATE OF 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 Los Angeles On March 4, 2015 before me, Susan E. Morales, Nota Public ere 1nSeri name an p e OT Ina 1[er) personally appeared Shane Wolf who proved to me on the basis of satisfactory evidence to be the person(e) whose name( -G) is/afe subscribed to the within instrument and acknowledged to me that he/sheA*ey executed the same in his/ thak authorized capacity("), and that by his/ha4thek signature(& on the instrument the person(e), or the entity upon behalf of which the person(.&) acted, executed the instrument. 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. tr r=a Notary Public Signature E. 19P -0 UNTY 2#1 (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Subdivision Pay Bond (TNHC San Juan) (Title or description of attached document) Philadelphia Indemnity Insurance Co. (Title or description of attached document continued) Number of Pages 3 Document Date 3/4/15 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) 0 Attorney -in -Fact ❑ Trustee(s) ❑ Other 20 ! 5 Version vp,ni v NataryClasses. ccm 800-873-5865 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes Prgarding +wrary sporrdng and if needed. should be completed and attached to tire document. A(I knohvedgexrs from other stares mag• be eomplered for documents being sent to Ihat stare so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public) • Print the name(s) of document signer(s) who personally appear at the time of notarization • Indicate the correct singular or plural forms by crossing off incorrect forms (Le- he/she/they is /are ) or circling the correct forms Failure to correctly indicate this information may lead to rejection ofdocument recording • The notary seal impression must be clear and photographically reproducible. impression must not cover text or lines. if seal impression smudges. re -seal if a sufficient urea permits, otherwise complete a different acknowledgment Form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. 45 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, SHANE WOLF, CHERYL L. THOMAS AND BEATA A. SENSI OF ROHM INSURANCE AGENCY Its true and lawful Attomey(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 525525 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 1" day of July, 2011, RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) 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 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 INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7 T1 DAY OF FEBRUARY 2013. 1927 (Seal) Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 7`s 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 Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. COMMONWeAL FE"SYLWANL4 QA4i11LE POR THI. Notary Putft Lp,,,arymmTw .. CauRt$1 CarutaEsslon 'res�l2.2(li Notary Public: residing at: (Notary Seal) My commission expires: Bala Cvnwvd. PA March 22 2016 1, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary orPHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution ofthe 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. CiTeary Jr., who executed the Power of Attomey as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, ,, A{ qn ❑❑ +J �VII-1f1 — � 2� 15 In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of 20 Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY = rJLi CALIFORNIA ALL-PURPOSE • •. 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%/j� ) County of f ) / / On G{/[d1. M!_;&A5 before me, Date�Q �/ Here Insert Name and Title of the Offi er personally appeared /vm i1e� wl-w Namef of Signer 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. OULCE DANIELLE OIkRKEIi Commission #F 2099918 i -.i Notary Public - California z Orange County n MY comm. E fires Feb 12, 2019 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. Signature Si ature 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: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association - www. National Notary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 RELEASED Date:— Bond No.: PB02497500205 Signat e: Premium: $13,770.00/2 yrs. EXECUTED IN TRIPLICATE City Clerk City of San Juan Capistran , CA SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 86499.2) KNOW ALL MEN BY THESE PRESENTS, that TNHC San Juan LLC, a Delaware limited liability company (hereafter designated as "Principal"), agrees to install and complete certain designated public improvements as conditioned by City Council Resolution No. 14-08-19-02 WHEREAS, said Principal is required to furnish a bond for the faithful performance to guarantee certain work, more particularly described as follows: Tract 17655 - OLIVA SUBDIVISION - Exhibit F Landscape & Irrigation Improvements NOW, THEREFORE, we, the Principal are held firmly bound unto the City of San Juan Capistrano, thereafter called "Obligee") in the penal sum of Nine Hundred EighteenThousand & N0/100ths Dollars, ($018,000.00_ ) 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 4th 2015 , at Orange SURETY Philadelphia Indemnity Insurance Company By: Shane Wolf, Attorney -in -Fact APPROVED AS TO FORM: By Fra 6s Van Ligten, City Attorney day of March , California. PRINCIPAL TNHC San Juan LLC, a Delaware limited liability company By: The New Home Company Southern California LLC, a Delaware Limited Liability Company (NOTARIZATION ANDS ) Page 2 of 2 ALL- PURPOSE CERTIFICATE OF 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 Los Angeles } On March 4, 2015 before me, Susan E. Morales, Nota Public Fere insert name ana Mle OF the onicto personally appeared Shane Wolf who proved to me on the basis of satisfactory evidence to be the person(&) whose name(&) is/afe subscribed to the within instrument and acknowledged to me that he/&hefty, executed the same in his/fir authorized capacity(ires), and that by his/k►erA+reir signature(,&) on the instrument the person(.&), or the entity upon behalf of which the person(64 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. SLt� C%i E. N10R)M-ES WITNESS my hand and official seal. �: Ce;-;;:.;. ## 1930723 0i]ty /Cli. Notary Public Signature (Notary Public Seal) s- - ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Subdivision Perf. Bond (TNHC San Juan) (Title or description of attached document) Philadelphia Indemnity Insurance Co. (Titre or description of attached document continued) ber of Pages 2 Document Date 3/4/15 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ED Attorney -in -Fact ❑ Trustee(s) ❑ Other 201 :NotariCiasses corn 300-373-986 INSTRUCTIONS FOR COMPLETING THIS FORM This.fornn complies ss4rh current California statutes regarding notary wording and if needed. should be completed and attached to the document.: rclatohvedgents front other states may be completed jar• dacwnenta being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization • Indicate the correct singular or plural forms by crossing off incorrect forms (i -e. lie/she/theme is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. lmprussion must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk - Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document Indicate title or type of attached document, number of pages and date - Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i e CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. MIA 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, SHANE WOLF, CHERYL L. THOMAS AND BEATA A. SENSI OF ROHM INSURANCE AGENCY Its true and lawful Attomey(s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obi igatvey in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed 525,000,000.00 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 Hoard of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I' day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) 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 Attomey-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such oflicers and the seal of the Company may be affixed to any such Power ofAttomey 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 THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7rn DAY OF FEBRUARY 2013. (Seal) """ Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 7h 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 Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed, ppm µ 0FPEKr4MVA14LS NOTAMALSEAL DANIELLE PORATH.g�obxy Poo LamrNlerion Twq.. �tdarrJt 2G'LVtu Notary Public: residing at: (Notary Seal) My commission expires: Bala Cvnvvd PA March 22 16 1, Craig P. Keller, Executive Vice President, Chief Financial Offtcerand 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 ofAttomey as President, was on the date of execution of the attached Power ofAttomey the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, AAAA ❑ - 4 2�i5 In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of IYI AR 20 Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Califo' rn County of _ On 1 L before me, Date ,' personally appeared AM anl4f'4Le Here Insert Name and Title of the Offi er �duJi ��- of 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. DUECE DANIELLE BARKER WITNESS my hand and official seal. Commission * 2099918 w: Notary Public - California z a Orange CountyD Lzrz "('0 M Comm. E ires Feb 12, 2019' Signature Sign ure 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: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: . ©2014 National Notary Association - www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 RELEASE® Date; - Bond No.: PB02497500205 EXECUTED IN TRIPLICATE Signat Premium included with City Clerk the Performance Bond City of San Juan Capistrano, SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE 66499.2) KNOW ALL MEN BY THESE PRESENTS, that TNHC San Juan LLC, a Delaware limited liability company (hereafter designated as "Principal'), agrees to install and complete certain designated public improvements more particularly described as follows: Tract 17655 - OLIVA SUBDIVISION - Exhibit F Landscape & Irrigation Improvements 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 Nine Hundred Eighteen Thousand & NO/100ths Dollars, ($918,000.oO ) 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. 14-08-19-02 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 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 4th day of __ March , 2015 , 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 liability company By: The New Home Company Southern California LLC, a Delaware Limited Liability Company By - Shane Wolf, Attorney -in -Fact {NORTARIZATION AN?)EAL) APPROVED AS TO FORM: OiQ-- BY Hans Van Ligten, City Attorney NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 ALL- PURPOSE CERTIFICATE OF 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 Los Angeles On March 4, 2015 before me, Susan E. Morales, Notary Public ere insert name and title of me omcer) personally appeared Shane Wolf who proved to me on the basis of satisfactory evidence to be the person() whose name( -s) is/aFe subscribed to the within instrument and acknowledged to me that he/--A� executed the same in his/f @;AI;o r authorized capacity(+@&), and that by his/F'@"rrvr @Tien signature(&) on the instrument the person(s), 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. RALES" (+ C 77 ' ' Cn r••_i�_� My'Ccf'i'Ti, ci. ;i i`..,. 9d. 201,5 rotary Public Signature (Notary Public Seal)`'`'Y=•� ��=•��V.w,�vv.r�; ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Subdivision Pay Bond (TNHC San Juan) (Title or description of attached document) Philadelphia Indemnity Insurance Co. (Title or description of attached document continued) of Pages 3 Document Date 3/4/15 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) 0 Attorney -in -Fact ❑ Trustee(s) ❑ Other 20,' 3 Versier, NotarrClasses . rm BCO-373-9867 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California stalutes regarding noiott, wording and, if needed. should be completed and attached to the dociement..4eknohvedgeats from other states may he complefed far documents being sent to that vale so long as the Hording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/#hem is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document Indicate title or type of attached document, number of pages and date Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i e CEO, CFO, Secretary) • Securely attach this document to the signed document with a staple 47 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, SHANE WOLF, CHERYL L. THOMAS AND BEATA A. SENSI OF ROHM INSURANCE AGENCY Its true and lawful Attomey(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 thereon, issued in the course ofits business and to bind the Company thereby, in an amount not to exceed S25,000,000.0 This Power of Attorney is granted and is signed and sealed by facsim ile 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: (l) 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 off kers 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 THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7T" DAY OF FEBRUARY 2013. 1927 (Seal) """ et,_ �o Robert D. O'Leary Jr„ President & CEO Philadelphia Indemnity Insurance Company On this 7h 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 Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. cm WPJ1r. PEN"YLVAHIA NoTARIALSEAL 0ANELLE PORATH, �Notary P�>biot�y Lower Lianon T A�rdi 22 2f11� Cararrilsarm Notary Public: residing at: (Notary Seal) My commission expires: Bala Cyrrwvd PA March 22 201 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 Attomey 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 I have subscribed my name and affixed the facsimile seal of each Company this day of MAR — 4 2015 - 20 Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY _ ] 27 s CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Californig ) County of On d before me, -GLG�i ���� cJ1� f �r D/MG personally appeared of 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. DULCE DANIELLE BARKER Commission #12099918 Z Notary Public - California 3 Z Orange County n My Comm. E fires Feb 12. 2019 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. Signature SignAure 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: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 RELEASED Date: 1 - Bond No.: PB02497500205 Signat e, Premium: $13,770.00/2 yrs. EXECUTED IN TRIPLICATE City Clerk City of San lu Capistrano, A SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 68499.2) KNOW ALL MEN BY THESE PRESENTS, that TNHC San Juan LLC, a Delaware limited liability company (hereafter designated as "Principal"), agrees to install and complete certain designated public improvements as conditioned by City Council Resolution No. 14-08-19-02 WHEREAS, said Principal is required to furnish a bond for the faithful performance to guarantee certain work, more particularly described as follows: Tract 17655 - OLIVA SUBDIVISION - Exhibit F Landscape & Irrigation Improvements NOW, THEREFORE, we, the Principal are held firmly bound unto the City of San ,duan Capistrano, (hereafter called "Obligee") in the penal sum of Nine Hundred EighteenThousand & NO/100ths Dollars, ($ 918,000.00 _ ) 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 faithfuity 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 4th 2015 , at Orange SURETY Philadelphia Indemnity Insurance Company By: Shane Wolf, Attorney -in -Fact APPROVED AS TO FORM: By Hans Van Ligten, City Attorney day of March , California. PRINCIPAL TNHC San Juan LLC, a Delaware limited liability company By: The New Home Company Southern California LLC, a Delaware Limited Liabi ify Company I Al (NO .ARIZATION AND SL} Page 2 of 2 ALL- PURPOSE CERTIFICATE OF 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 Los Angeles On March 4, 2015 before me, Susan E. Morales, Nota Public t ere Insert name an n tjEr uF trk& DMV� personally appeared Shane Wolf who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is/afe subscribed to the within instrument and acknowledged to me that he/slteftrtcy executed the same in his/ etr authorized capacity0es), and that by his/he-i;t#eir 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., ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Subdivision Perf. Bond (TNHC San Juan) (Title or description of attached document) Philadelphia Indemnity Insurance Co. (Title or description of attached document continued) Number of Pages 2 Document Date 3/4/15 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) 0 Attorney -in -Fact ❑ Trustee(s) ❑ Other 2,015 /ersior ',v,.ev/ NotaryClassas corn 300-87 -98o5 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies widr current California statutes regarding notary wording and if needed, should be co+npleted and attached to the document. ,I clrnc hredgents franc other scares ma}• be cornplered for documents being sent to that stare so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public) • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (Le. he/she/*e�, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges. re -seal if a sufficient area permits_ otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i e CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple ORALES^ WITNESS my hand and official seal ' : ;`,.,1] ::l k 'llly.:`i%�4j,ry,•i�-i`a.-.- '` "'' " �r• �i"�: �_ z _ 5 ` ..t _ i'. ,°sem t.' 10 r.; • 2 n X20 dZ _ .-.. ,:7p4.drt_. .: 4M.�.Y•3MLL'.aJ65+::vW Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Subdivision Perf. Bond (TNHC San Juan) (Title or description of attached document) Philadelphia Indemnity Insurance Co. (Title or description of attached document continued) Number of Pages 2 Document Date 3/4/15 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) 0 Attorney -in -Fact ❑ Trustee(s) ❑ Other 2,015 /ersior ',v,.ev/ NotaryClassas corn 300-87 -98o5 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies widr current California statutes regarding notary wording and if needed, should be co+npleted and attached to the document. ,I clrnc hredgents franc other scares ma}• be cornplered for documents being sent to that stare so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public) • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (Le. he/she/*e�, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges. re -seal if a sufficient area permits_ otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i e CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple 48 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, SHANE WOLF, CHERYL L. THOMAS 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 525 dU�00.00 This Power at' Attomey is granted and is signed and seated 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 ]'day ofJuiy, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) 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 -Past 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 oFAttorney orcertiftcate 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 THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7T" DAY OF FEBRUARY 2013, .I 27 (Seal) ."'"• Robert D, O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 7h 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 Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. COY WEAL PENNSYLVANIA NOTARIAL SEAL D0121a KMTH. W" Pubic LDWU lbesm T%2,Wn="iflf6 Notary Public: residing at: (Notary Seal) My commission expires: Bala "vnwvd. PA March 22. 2 16 I, Craig P. Keller, Exccutive 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 oFAttomey 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 Attomey as President, was on the date of execution of the attached Power of Attomey the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, p — 4 1 n { In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of MAR 2015 15 .20 Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 CaliforniaDr ) County of ,I ) On�tc�, ♦j%, /Jr before me, Date Here Insert Name and Title of the Officer personally appeared of 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. 0`+OULCE DANIELLE BARKER Commission # 2099918 z Notary Public - California z Orange County T My Comm. Ex ires Feb 12, 2019 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. Signature _ Sign ture 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator I Other: Signer Is Representing: ©2014 National Notary Association • www.NationaiNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 RELEASED Date;A.A I I nArtBond No.: PB02497500205 EXECUTED IN TRIPLICATE Signat e: Premium included with City Clerk the Performance Bond City of San Juan Capistrano, SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE 66499.2) KNOW ALL MEN BY THESE PRESENTS, that TNHC San Juan LLC, a Delaware limited liability company (hereafter designated as "Principal'), agrees to install and complete certain designated public improvements more particularly described as follows: Tract 17655 - OLIVA SUBDIVISION - Exhibit F Landscape & Irrigation Improvements 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 Nine Hundred Eighteen Thousand & NO/100ths Dollars, ($918,000-00 ) 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. 14-08-19-02 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 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 4th day of __ March 2015 , 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 Philadelphia Indemnity Insurance Company By: Shane Wolf, Attorney -in -Fact AP4Hns VED S TO FORM: BY Van L gten, City Attorney NOTE: Please attach Acknowledgement and Power of Attorney PRINCIPAL TNHC San Juan LLC, a Delaware limited liability company By: The New Home Company Southern California LLC, a Delaware Limited Liability Company (NORTARIZATION AN ` EAL) Page 3 of 3 ALL- PURPOSE CERTIFICATE OF 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 Los Angeles On March 4, 2015 before me, Susan E. Morales, Nota Public (mere insert name and Tille or Mo ^ter, personally appeared Shane Wolf who proved to me on the basis of satisfactory evidence to be the person(s) whose name( -s) is/aye subscribed to the within instrument and acknowledged to me that he/&heA+tey executed the same in his,14a4tUe+r authorized capacity("), and that by his/l.,e , k signature(*) on the instrument the person(s), or the entity upon behalf of which the person(b) 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. / j' erica _ V1 lllf e►Y� � • j�j Rotary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Subdivision Pay Bond (TNHC San Juan) (Title or description of attached document) Philadelphia Indemnity Insurance Co. (Title or description of attached document continued) Number of Pages 3 Document Date 3/4/15 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) 0 Attorney -in -Fact ❑ Trustee(s) ❑ Other 20', 5 Vers1r n',;,PPN INotaryC✓lass _es ecru 800 -vi? -9805 1E. kl-DRALES 123 :+irYi.L•i[ygpi o„ -n',:. .,; •+tkRyt r..',, .;tape INSTRUCTIONS FOR COMPLETING THIS FORM This farm complies with current California stawtes mgarding notary svordfng and. if needed Amild be completed and attached td rhe document.. dclniohredgents from other states may be compleiedfor documents being sent to that stare so long as the ivording does not require the California notary to violate California notary Jaw • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/ is /are ) or circling the correct forms Failure to correctly indicate this information may lead to rejection of document recording • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits. otherwise complete a dirferem acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e CEO, CFO, Secretary) • Securely attach this document to the signed document with a staple 49 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 ofthe Commonwealth of Pennsylvania, does hereby constitute and appoint: TODD M. ROIIM, SHANE WOLF, CHERYL L. THOMAS AND BEATA A. SENSI OF ROHM INSURANCE AGENCY Its true and lawful Attomey(s) in fact with full authority to execute on its behalf bands, undertakings, recognizances and other contracts of indemnity and writings o43igatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed 525,000.00li.QO 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 PHI LA DEL PH[A 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: (1) 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 RESOLVED: That the signatures of such oMcers and the seal of the Company may be affixed to any such Power ofAttomey 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 THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7T" DAY OF FEBRUARY 2013. • (Seal) Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 7h day of February 2013, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly swornsaid 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. FDmsrtuaruw 7CON E8� NOiARlAL SEAL 0ANLLE P0RA7N, f maty RUG owerton T . PAWga Coinrty Conetdssion Iuatfi1Z241 Notary Public: residing at: (Notary Seal) My commission expires: ,bv& §,- - Bala Cvn,.vvd PA March 22- 2016 1, Craig P. Keller, Executive Vice President, Chief Financial Officer and See retary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Anomey issued pursuant thereto are true and correct and are still in full force and effect. I do further ceni fy that Robert D. O'Leary Jr., who executed the Power of Anomey as President, was on the date. aFexecution of the auached Power of Attorney the duly elected Pres identofPHILADEL PH[A IN DE MN I T Y INSU RA NC E COM PANY. S5 In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of — 4 20 f 5o C -— Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY 1927 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Of ) ,,II On _ /D before me, l/Uh 10WM4G. Date _ Here Insert Name and Title of the Officer personally appeared of 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. DULCE DANIELLE BARKER Commission 0 2099918 Notary Public - California x Orange County y M Comm. E fres Feb 12. ZD 19 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. Signature 410'1,nz_6� Sign tore 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: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: _ ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 RELEASE® Date: 5ignat r — Bond No.: PB02497500206 EXECUTED IN TRIPLICATE City Clerk Premium: $195.00/2 yrs. City of San Juan Capistrano, SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.2) KNOW ALL MEN BY THESE PRESENTS, that TNHC San Juan LLC, a Delaware limited liability company (hereafter designated as "Principal'), agrees to install and complete certain designated public improvements as conditioned by City Council Resolution No. 14-08-19-02 WHEREAS, said Principal is required to furnish a bond for the faithful performance to guarantee certain work, more particularly described as follows: Tract 17655 - OLIVA SUBDIVISION - Exhibit G Monumentation Improvements NOW, THEREFORE, we, the Principal are held firmly bound unto the City of San Juan Capistrano, (hereafter called "Obligee") in the penal sum of Thirteen Thousand & NO/100ths Dollars, ($13,000.00 _ } 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 4th 2015 , at Orange SURETY Philadelphia Indemnity Insurance Company By: Shane Wolf, Attorney -in -Fact APPROVED AS FORM' By Hans Van Ligten, City orney day of March , California. PRINCIPAL TNHC San Juan LLC, a Delaware limited liability company By: The New Home Company Southern California LLC, a Delaware Limited Liability Company (NO ARIZATION AND S i } Page 2 of 2 ALL- PURPOSE CERTIFICATE OF 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 Los Angeles On March 4, 2015 before me, Susan E. Morales, Notary Public trleTe m5an name ana tille or e onceo personally appeared Shane Wolf who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is/af-e subscribed to the within instrument and acknowledged to me that he/&heftT" executed the same in his/he4their authorized capacity(ies), and that by his/4e;4h it signature(.&) 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. �f•, 'rel � Il `�!�t��s�LI7J WITNESS my hand and official seal. •--r. �l,P aril - .:5. ;.;C(;;I - •i ra:'�`t �t3, �t] L5 Ni5tary Public Signature (Notary Public Seal) f ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Subdivision Perf. Bond (TNHC San Juan) (Titre or description of attached document) Philadelphia Indemnity Insurance Co - (Title or description of attached document continued) Number of Pages 2 Document Date 3/4/15 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) Z Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Jersien ,vrPw i,iotaraClasses.corn SCC -873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with czwrent Catifornia statutes mgarding notary wvo ding and, if needed, should he completed and attached to the doeumeni. Acknalsvedgents from other staies may be completed far dectantents being sent to Ilial state so long as the wording does not regzdre the California notary to violate California notary lmv. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i -e. he/she/thej,-- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment Form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. 54 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, SHANE WOLF, CHERYL L. THOMAS AND BEATA A. SENSI OF ROHM INSURANCE AGENCY Its true and lawful Attomey(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 hind the Company thereby, in an amount not to exceed S25,000,080.00 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' day of July. 2011, RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) 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 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 atrxcd 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 THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7T" DAY OF FEBRUARY 2013. 192 - (Sea]) ea,��° Robert D. O'Leary Jr, President & CEO Philadelphia Indemnity Insurance Company On this 7's 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 Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. CAM wPJ�TAR% lO h7WELIE low Marion �20111 owly Cmarrwat Notary Public: residing at: (Notary Seal) My commission expires: 4/�& fk-- Bala Cvnwvd. PA March 22 2016 1. Craig P. Keller, Executive; Vice President, Chief Financial OfTtcerand Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the faregoing resolution ofthe Board of Directors and this PowerofAttomey 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 ofAttomey 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 day ofMAR AR - 4 2015 20 Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY 1927 - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 0� ) On before me, G 1 1 Date Here Insert Name and Title of the Office personally appeared . Name of Signer 4 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. OULCE DANIELLE BARKER WITNESS my hand and official seal. Conxnission # 2099918 Z Notary Public - California z Z Orange County' Signature Ak Cmn. Exwres Feb 12 2019 r Signare 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 RELEASED Date: karkkax Bond No.: PB02497500206 5ignat e: EXECUTED IN TRIPLICATE City Clerk Premium included with City of San Juan Capistrano, C the Performance Bond SUBDIVISION LABOR AND MATERIAL. BOND (GOVERNMENT CODE 66499.2) KNOW ALL MEN BY THESE PRESENTS, that TNHC Sall Juan LLC, a Delaware limited liability company (hereafter designated as "Principal'), agrees to install and complete certain designated public improvements more particularly described as follows: Tract 17655 - OLIVA SUBDIVISION - Exhibit G Monumentation Improvements 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 Thirteen Thousand & NO/100ths Dollars, ($_13,000-00 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. 14-08-19-02 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 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 4th day of _ March , 2015 , 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 liability company By: The New Home Company Southern California LLC, _ a Delaware Limited Liability Company Shane Wolf, Attorney -in -Fact {NORTARIZATION AND SEAL) APPROVED S TO FORM: B ans Van Ugten, ' y Attorney NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 ALL- PURPOSE CERTIFICATE OF 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 Los An eles On March 4, 2015 before me, Susan E. Morales, Notary Public ! em inert name and ureat iris cm :ari personally appeared Shane Wolf who proved to me on the basis of satisfactory evidence to be the person(e) whose name( -G) islia-Fe subscribed to the within instrument and acknowledged to me that he/sheft+rey executed the same in his/ Heir authorized capacity(4&), and that by his/fir signature(s4 on the instrument the person(s), or the entity upon behalf of which the person(&) acted, executed the instrument. 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. h f l a,, ■ • ► a, .r00 Notary Public Signature SUSAN i. ft4rJRF,L�S .:�:. C 0 v"t-- . # 19Sa723 -- L t c r hlJifikY . CAI I :sSssT'::z:c:SCOLtaTy (Notary Public Seal) �sr:.;: IMA K' Y C air, rt- "pit zi Al: •c`t Zd, 2t] i5 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Subdivision Pay Bond (TNHC San Juan) (Title or description of attached document) Philadelphia Indemnity Insurance Co. (Title or description of attached document continued) Number of Pages 3 Document Date 3/4/15 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) p Attorney -in -Fact p Trustee(s) ❑ Other 2015 Version wmiv NetaryClasses cem 80013-873-9855 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and. if needed. should be completed and attached to the docttmettt- .-lckttohredgenrs from other states may be completed far documents being sent to that state so long as the wording does not require the California notary to violate California notary laH, • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e- he/shehhe} is /are ) or circling the correct forms Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and phatographica[ly reproducible. Impression must not Cover text or lines. If seal impression smudges, re -seal if a sufficient area permits. otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document Indicate title or type of attached document, number of pages and date - Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer, indicate the title (i.e CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple 55 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, SHANE WOLF, CHERYL L. THOMAS AND BEATA A. SENSI OF ROHM INSURANCE AGENCY Its true and lawful Attomey(s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obi igatory in the nature thereof, issued in the course of its business and to bind the Company thereby. in an amount not to exceed S25,000,00 0-00 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 PHILADELPH[A INDEMNITY INSURANCE COMPANY at a meeting duly called the I" day of July, 2011 - RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) 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 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 afTxed 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 seai 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 7T1' DAY OF FEBRUARY 2013. (Seal) Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 7h 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 Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. Gpgtjp�{�Ju_ pFpF'SntiSYLVMaI� NOTARIAL SE+ t OANiELLE PORATK Notary plI O Lowar tr e6wrw ., Idpn� 7A1$ Conmtn Notary Public: residing at: (Notary Seal) My commission expires: Bala Cvnwvd PA March 22. 2016 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 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 I have subscribed my name and affixed the facsimile seal of each Company this day of MAR — 4 2015.20 Craig P Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY 1927 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 IFI',Gi ��71Jr _ before me, ��L`2�i�&��IG , Date Q Here Insert Name and Title of the Offi er personally appeared �1i% Name of Signer 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. -------------------- DULCE DANIELLE BARKER WITNESS my hand and official seal. Commission # 2099918 Z .=r Notary Public - California i IZ Orange County a Signature my Comm. E 'rts Fab 12, 2019 5' afore 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: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www. National Notary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 RELEASED Date ; ' Bond No.: PB02497500206 EXECUTED IN TRIPLICATE Si gnat e: Premium: $195.00/2 yrs. City Clerk City of San Juan Capistran A SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.2) KNOW ALL MEN BY THESE PRESENTS, that TNHC San Juan LLC, a Delaware limited liability company (hereafter designated as "Principal'), agrees to install and complete certain designated public improvements as conditioned by City Council Resolution No. 14-08-19-02 WHEREAS, said Principal is required to furnish a bond for the faithful performance to guarantee certain work, more particularly described as follows: Tract 17655 - OLIVA SUBDIVISION - Exhibit G Monumentation Improvements NOW, THEREFORE, we, the Principal are held firmly bound unto the City of San Juan Capistrano, (hereafter called "Obligee") in the penal sum of Thirteen Thousand & NO/100ths Dollars, ($13,000.00 _ ) 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 4th 2015 , at Orange SURETY Philadelphia Indemnity Insurance Company By: Shane Wolf, Attorney -in -Fact APPROVED TO FORM: By Hans Van Ligten, CityAttmey day of March , California. PRINCIPAL TNHC San Juan LLC, a Delaware limited liability company By: The New Home Company Southern California LLC, a Delaware Limited Liability Company (NOTARIZATION AND SEd) Page 2 of 2 ALL- PURPOSE CERTIFICATE OF 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 Los Angeles } On March 4, 2015 before me, Susan E. Morales, Nota Public lon+ •= r•5—i name lir: 1i!I� ,f n - i personally appeared Shane Wolf , who proved to me on the basis of satisfactory evidence to be the persons} whose name(&) is/afe subscribed to the within instrument and acknowledged to me that he/&hefthtey executed the same in his/he4*eei'r authorized capacity(ies), and that by his/hefA#h it signature(&) 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. 9 23 30 WITNESS my hand and official seal.on;as •1+ "f'��in"'J (lam"il;.l. _-;:;)i!'�.:; ���Gr:;�l %ii, �(} 5� '��.�":..... �.v�.�......: ,w�-,�sL _ YR•.ti'Js4�Li1WA:.hG:� Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Subdivision Perf. Bond (TNHC San Juan) (Title or description of attached document) Philadelphia Indemnity Insurance Co. (Title or description of attached document continued) Number of Pages 2 Document Date 3/4/15 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) 0 Attorney -in -Fact ❑ Trustee(s) ❑ Other 20115 `/ersion 300-373-636`: INSTRUCTIONS FOR COMPLETING THIS FORM This forst complies wirk current California walutes regarding norao' trawling and f needed. should he completed and attached to the documeni..dcknolrvedgenrs from other states may be completed far documents being sent to rhat state so long as rhe rsrording does not mquire the California notary to riolare California notary lase. • State and County information must be the State and County where the document sizner(s) personally appeared before the notary public for acknowledgment. • date of notarization must be the date that the signer(S) personally appeared which must also be the same date the acknowledgment is completed • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/ is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and phatographicaily reproducible. Impression must net cover text or lines. [r seal impression smudges. re-scal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowtedgment is not misused or attached to a different document. Indicate title or type ofattached document, number ofpages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple 50 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 la -,vs of the Commonwealth of Pennsylvania, does hereby constitute and appoint: TODD M. ROHM, SHANE WOLF, CHERYL L. THOMAS AND BEATA A. SENSI OF ROHM INSURANCE AGENCY Its true and lawful Attomey(s) in fact with full authority to execute on its behalf bonds, undertakings, recognixances 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 9-M00.000.00. Tb is 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 1 ° day of July. 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attorney(s) in Fact and authorize the Anomey(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 racsimile 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 7TH DAY OF FEBRUARY 2013. 1927 = i.. (Seal) Robert D. O'Leary Jr„ President & CEO Philadelphia Indemnity Insurance Company On this 7'' 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 Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. =PDRATH, LE ar Mon COU Mxrji 2, Notary Public residing at: (Notary Seal) My commission expires: -bX,4,& f�- Bala Cynwvd PA March 22. 2016 1, Craig P. Keller, Executive Vice President, Chier Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution ofthe Board of Directors and this Power ofAttomey 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, MAR Ail pp + 4 2.q 1 In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of 20- 92 Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY 7 - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 _ �f I� ��t ��5 before me, PULM Dafitfl Date Here Insert Name and Title of the 6fficer personally appeared Named of 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. ql ItE KAIwIELLE BALKER WITNESS my hand and official seal. Commission #r 2099918 Notary Public - California z �- Orange County r Signature Mv Comm. E ices Feb 12. 2019 Sig Lure 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: - ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 RELEASED Date: Bond No.: PB02497500206 EXECUTED IN TRIPLICATE Signatr#r - - Premium included with City Clerk City of San Juan Capistrano, CA 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 liability company (hereafter designated as "Principal'), agrees to install and complete certain designated public improvements more particularly described as follows: Tract 17655 - OLIVA SUBDIVISION - Exhibit G Monumentation Improvements 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 Thirteen Thousand & NO/100ths Dollars, ($13,000.00 ) 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. 14-08-19-02 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 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 4th day of _ March , 2015 , 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 liability company By: The New Home Company Southern California LLC, a Delaware Limited Liability Company By: Shane Wolf, Attorney -in -Fact {NORTARIZATiQN A�, SEAL} APPROVED A TO FORM: Byc)" Hans Van Ligte amity Attorney NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 ALL- PURPOSE CERTIFICATE OF 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 Los Angeles } On March 4, 2015 before me, Susan E. Morales, Nota Public itiere Insen ranee anaurle of me O car] personally appeared Shane Wolf who proved to me on the basis of satisfactory evidence to be the person(a) whose name(s) is/a-Fe subscribed to the within instrument and acknowledged to me that he/s+� executed the same in his/Uedlhak authorized capacity(+o&), and that by his/ha4thek signature(4) on the instrument the person(s), 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."_K� 'L''':) I'``I`'`' • . bT i' ;' i i.`. _ - 1.,'f -`E_ �fs�FO;NIi ;; s . ' NT Y o"7 •1• ' T `r eY Lr4i 20-6 Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Subdivision Pay Bond (TNHC San Juan) (Title or description of attached document) Philadelphia Indemnity Insurance Co. (Title or description of attached document continued) Number of Pages 3 Document Date 3/4/15 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) Attorney -in -Fact ❑ Trustee(s) ❑ Other 2C15'Jersion ctaryClasses. ccm 300-373-9865 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statures regardntg norao, wording and. if needed, should be completed and attached to the document. 46mDhvedgents fram other states may be completed for documents being sent to than state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed" • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. lie/she/theme is /are ) or circling the correct forms Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines" If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i e CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. 51 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, SHANE WOLF, CHERYL L. THOMAS AND BEATA A. SENSI OF ROHM INSURANCE AGENCY Its true and lawful Attomey(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 525,000,000.00 This Power of Attomey 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 1" day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) 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 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 INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7Tu DAY OF FEBRUARY 2013. 1927 (Seal) " Robert D. O'Leary Jr, President & CEO Philadelphia Indemnity Insurance Company On this 7's 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 Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. M nnarsr�mwtR NOTARIALSM 0ANI ELLE PORATH. Notary PWIC Lower Irlodon T , htonlgort+�l� �!�' Opti AAi��CdA� it la Notary Public: residing at: (Notary Seal) My commission expires: Bala C n d. PA Mar,Maj,qh 22 2015 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 Attomey 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 I have subscribed my name and affixed the facsimile seal of each Company this day of —AR — 4 2015 20 ? Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY CALIFORNIA• • •D a!�. - v..a .c..w e.w .v,, .:.-vr_s..a _e.•.s .wa.w .a�e.a�.:s..s� -�.. .sc .ar_n .vt.w .s..� .a� . s..v. s� a _s. _a -w Tc.s . 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 UII) ) On L19J_before me, Date Here Insert Name and Title of the Offic r personally appeared T `n Namey of 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. D!!m_n_iis_sio_n_#_20_99_91_8_ CE DANIELLE BARKER Z Notary Public - California i Z Orange County a j2Cornrn.EqSresFeb12,2Ql99 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. Signature Signat re 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: - El Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: - ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: . 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 r RELEASED Date: l Bond No.: PB02497500206 EXECUTED IN TRIPLICATE Sighat e: Premium: $195.00/2 yrs. City Clerk City of San Juan Capistrano, CA SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.2) KNOW ALL MEN BY THESE PRESENTS, that TNHC San Juan LLC, a Delaware limited liability company (hereafter designated as "Principal'), agrees to install and complete certain designated public improvements as conditioned by City Council Resolution No. 14-08-19-02 WHEREAS, said Principal is required to furnish a bond for the faithful performance to guarantee certain work, more particularly described as follows: Tract 17655 - OLIVA SUBDIVISION - Exhibit G Monumentation Improvements NOW, THEREFORE, we, the Principal are held firmly bound unto the City of San Juan Capistrano, (hereafter called "Obligee") in the penal sum of Thirteen Thousand & NO/100ths Dollars, ($13,000.00 ) 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 4th 2095 , at Orange SURETY Philadelphia Indemnity Insurance Company J By: --- Shane _Shane Wolf, Attorney -in -Fact APPROVED AS TO FORM: ay 9441= ---- Hans Van Ligten, City Attorney day of March California. PRINCIPAL TNHC San Juan LLC, a Delaware limited liability company By: The New Home Company Southern California LLC, a Delaware Limited Liability Company (NOTARIZATION AND Sall-) Page 2 of 2 ALL- PURPOSE CERTIFICATE OF 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 Los Angeles On March 4. 2015 before me, Susan E. Morales, Notary Public , ,75 rd ... s•,r' n Dm- ' ars1', 'I in •-_ _+.tic'_ . personally appeared Shane Wolf who proved to me on the basis of satisfactory evidence to be the person() whose name(&) is/arfe subscribed to the within instrument and acknowledged to me that he/ -,t l°rey executed the same in his/hafA4e4ir authorized capacity0es), and that by his/he reir signature(.&) 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. ^^-.i�3 h jp LES WITNESS my hand and official seal._ ` ' f`, -723 z Notary Public Signature (Notary Public Seat) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Subdivision Perf. Bond (TNHC San Juan) (Title or description of attached document) Philadelphia Indemnity Insurance Co. (Title or description of attached document continued) of Pages 2 Document Date 3/4/15 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) 0 Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 jersior ,,Ajjvj Molar/Classes.0om 80O -a-3-9865 INSTRUCTIONS FOR COMPLETING THIS FORM This fornr complies n'ith current California statutes regard6tg trolary rsordirrg attd. ifneeded. should be completed and attached to the doeunterrt, Acknobvedgents franc other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e he/she/gwt — is /aee ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. Ir seal impression smudges. re -seal if a sufficient area permits, otherwise complete a diMrent acknowledgment rorm. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document Indicate title or type of attached document, number of pages and date Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i e CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple 52 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, SHANE WOLF, CHERYL L. THOMAS 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 $25.00,804. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority ofthe following Resolution adopted by the Board of Directors of P1.1LADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the ]'day ofluty, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) 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 Attomey-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seat 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 THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7TH DAY OF FEBRUARY 2013. 1927 (Seal) W'"' Robert D O'Leary Jr„ President & CEO Philadelphia Indemnity Insurance Company On this 7`s 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 Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. �s v�teasrLvruavt ROTARI&SEAL joANELLE I'awSrrl. Kot_y PC t�ryy ou UC "�2 2016 Notary Public: residing at: (Notary Seal) My commission expires: 44"CL �L_ Bala Cvnwvd PA March 22 2016 1, Craig P- Keller, Executive Vice President, ChieFFinancial 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 Presidem, 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 day of m A R — 4 2015 20 Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 7� } I,, `I r�- On �� . �� .J before me, IJ�G�[�r-C� �i�'�IY�L% rG1lIG , Date Here Insert Name and Title of the CN&Cer personally appeared Name} of 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. DULCE DANIELLE BARKER WITNESS my hand and official seal. Commission 0 2099918 Z . y Notary Public - California z z Ormpa County r Signature MY Comm. EWfes Feb 12 2019 Sig tore 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: _ Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association - www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 RELEASE® Date: , Bond No.: PB02497500206 EXECUTED IN TRIPLICATE Signat e: L I Premium included with : ity Clerk the Performance Bond City of San Juan Capistrano, EA SUBOIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE 66499.2) KNOW ALL MEN BY THESE PRESENTS, that TNHC San Juan LLC, a Delaware limited liability company (hereafter designated as "Principal'), agrees to install and complete certain designated public improvements more particularly described as follows: Tract 17655 - OLIVA SUBDIVISION - Exhibit G Monumentation Improvements 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 Thirteen Thousand & NO/100ths Dollars, ($13,000-00 ) 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. 14-08-19-02 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 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. 6E 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 4th day of March 2015 , 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 goveming body. Page 2 of 3 SURETY PRINCIPAL Philadelphia Indemnity Insurance Company TNHC San Juan LLC, a Delaware limited liability company By: The New Home Company Southern California LLC, a Delaware Limited Liability Company By: Shane Wolf, Attorney -in -Fact (NORTARIZATI4N AN SEAL) APPROVED AS TO FORM: BY Hans Van Lig City Attorney NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 ALL- PURPOSE CERTIFICATE OF 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 Los Angeles On March 4, 2015 before me, Susan E. Morales, Nota Public 1nSlrt name ;3na we ot tri e africer I personally appeared Shane Wolf who proved to me on the basis of satisfactory evidence to be the person( -j) whose name(a) is/ar-e subscribed to the within instrument and acknowledged to me that he/aheR+tey executed the same in his/4@;Ah4@k authorized capacity(+@&), and that by his/"�"r,vr ehec signature(.&) on the instrument the person(s), or the entity upon behalf of which the person(4) acted, executed the instrument. 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. Ooaen tp— - M 07ca Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Subdivision Pay Bond (TNHC San Juan) (Title or description of attached document) Philadelphia Indemnity Insurance Co - (Title or description of attached document continued) Number of Pages 3 Document Date 3/4/15 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) 0 Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 lersior. SC0-873-9866 - I.• (.,try ° ,p. # '1 �1.;�� t� 1 =� r'� f•r�.l�? lvrU?.-'.�:', :'�.7�!..�'.' .. i:,�t�..ii�i"�iF"ilii -. 17 ♦S.:s:.c.sti.Ww1 .,Felsva•.:r .R�Nti9tPr•4r INSTRUCTIONS FOR COMPLETING THIS FORM This form complies ivith current California statutes regarding notary wording and, if needed should be completed and attached to the document. Acknolrvedgents from other states mtay be completed for documents benrg sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public) • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e lie/she/the} is /are ) or circling the correct forms Failure to correctly indicate this information may lead to rejection of document recording • The notary seal impression must be clear and photographically reproducible Impression must not cover text or lines- If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document Indicate title or type of attached document, number of pages and date Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i -e CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. 53 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, SHANE WOLF, CHERYL L. THOMAS 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 $25,000.000.00 This Power ofAttomey is granted and is signed and sealed by facsimile under and by the authority ofthe following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the i" day or July, 2011, RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (l) Appoint Attomey(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 14AS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7T" DAY OF FEBRUARY 2013. 1927 .... (Seal) Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 7'h 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 Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. Comm wrAL: i Qrrwaruwu A NOTARIAL SEAL DAR LE PORATH. Nataty P"C LOWMedmT ., WCwft6 EArYalbf 1 Notary Public residing at: (Notary Seal) My commission expires: Bala-Cvnwvd March 22 2016 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 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 I have subscribed my name and affixed the facsimile seal of each Company this day of ma Q — 4 2015 20 Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY -. 1927 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 L/1A.4 e) / On 7NVA11 Pl before me, Date Here Insert Name and Title of the OfficLlr personally appeared 7iV7 Name) of Signe) 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. ro DULCE DANIELLE BARKER Conwnission # 209991 a 2 Nobly Public - California z Z Orange County ' Mv Comm. E fires Feb 12 2019 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. Signature Signat re 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association - www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Ei� �'Qr RELEASED, _. r � Bond No.: PB02497500230 Z _ Date; Premium: $5,670.00/1 Year signat Y ,City clerk'PERFORMANCE BOND City of San Juan aPlstrano, C KNOW ALL MEN BY THESE PRESENTS, that TNHC San Juan LLC, a Delaware limited liability company ,as principal (hereinafter called "contractor', and Philadelphia Indemnity Insurance Company , as Surety (hereinafter called "Surety"), are held and firmly bound unto the City of San Juan Capistrano, as oblige (hereinafter called "city"), in the amount of Three Hundred Seventy -Eight Thousand Twenty & N0/100ths Dollars ($378,020.00 ) for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, fairly by these presents. WHEREAS, contractor has, by written agreement dated , entered into a (describe agreement): Rough Grading Permit No. B14-0837 Oliva Tract 17655 32281 Del Obispo St., San Juan Capistrano, CA which contract is, by reference, made a part hereof. NOW, THEREFORE, the condition of this obligation is such that, if contractor shall promptly and faithfully perform said agreement then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the Contractor in the event of default. BE IT FURTHER RESOLVED, that: 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, including reasonable attorney's fees, incurred by the 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, or extension of time, alteration, or modification of the contract documents, or of the work to be performed thereunder, shall in any way affect its obligation or this bond, and it does hereby waive the notice of any such change, extension of time, alteration or modification of the contract documents or of work the be performed thereunder. AOR/G�NgI Executed this 1 oth day of April, 2015 $808, At Orange , California. TNHC San Juan LLC, a Delaware limited liability company PRINCIPAL **SEE ATTACHED SIGNATURE PAGE** (NOTARIZATION AND SEAL) Philadelphia Indemnity Insurance Company SURETY (NOTARIAZATION AND SEAL) Shane Wolf, Attorney -in -Fact IDO*4�7'oz Bond No.: PB02497500230 Signature Page Princi Pal Develo er: TNHC SAN JUAN LLC, a Delaware limited liability company By: The New Home Company Southern California LLC, a Delaware limited liability company, its Managing Member NO Name: 7— Title: G a ALL- PURPOSE CERTIFICATE OF 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 Aril 10, 2015 before me, Susan E. Morales, Nota Public , {mere in sen name and title o o cert personally appeared Shane Wolf who proved to me on the basis of satisfactory evidence to be the person(s) whose name(e) is/afe subscribed to the within instrument and acknowledged to me that he/&heA4ey executed the same in his/weir authorized capacity(4s), and that by his/ke44;eir 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. SUSAN E. MORALES Ya COMM. # 2101798 WITNESS my hand and official seal. Z NOTARY PUBLIC -CALIFORNIA ORANGE COUNTY ❑ My Comm. Expires March 28, 2019 t]tary Public Signature (Notary Public Seal) 4 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Bond #PB02497500230 (Title or description of attached document) Philadelphia Indemnity Insurance Co. (Title or description of attached document continued) Numberof Pages 2 Document Date 4/10/15 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) E Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version www.NotaryC[asses.com 800-873-9865 4 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies s0th ctir r enr t .'alifornta sta+utes regarding notal v tirnrding and, if needed. should be complered and attached to the docirme+rt. ,4cknolwedge+its front other states nray be completed for documents beaig sent to that stare so long as the ivording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/*ey, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, rc-seal if a sufficient area permits, otherwise complete a different acknowledgment farm. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document Indicate title or type of attached document, number of pages and date Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary) • Securely attach this document to the signed document with a staple JYdJA 90 PHILADELPHIA INDEMNITY INSURANCE COMPANY Z 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 orthe Commonwealth of Pennsylvania, does hereby constitute and appoint: TODD M. ROHM, SHANE WOLF, CHERYL L. THOMAS AND BEATA A. SENSI OF ROHM INSURANCE AGENCY Its true and lawful Attomey(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 exceedZS QR5 _a 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' day of July, 2011, RESOLVED: That the Board or Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Atiomey(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 racsimile, and any such Power of Attorney so executed and certified by facsimile signatutts 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 7M DAY OF FEBRUARY 2013. 1927 (Seal) """" Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 7'�' 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 Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. COM PBINSYLVMnA t40TARfAL SEAL 0AN SLIE PORkTH. Njjaoo]rtrtar�rYY RdGrt�t�yy Lower Ater aoT •• MWM p COU11 ' Notary Public residing at: (Notary Seal) My commission expires: Bala Cvnmd PA Marc 22 2016 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 I have subscribed my name and affixed the facsimile seal of each Company this day of H P R Q 01 J' 20 �r =i Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY 1927 - �Zz?' 0,4 t 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 ) OnnC before e, GlId12� a Notary Public, personally appeared D 71 , who proved to me on the basis of satisfactory evidence to be the person(s�uhose name( is/subscribed to the within instrument, and acknowledged to me that he/shetdiec-executed the same in his/ice wir—juthorized capacity(Ieq, and that by hisAaer>'tltieir- signature(W�on the instrument the person(e, or the entity upon behalf of which the person(stacted, 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. — Lim Notary Public OULCE 0ANIELLE i RKER Commission if 2099918 1 a =�; Notary Public • California 7 x Want County 1 1 (SEAL) 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 Ul�GZ1l�1� On �'� ���5 ,before me, 1 K�.r , a Notary Public, personally apps ed rj rytAr who proved to me on the basis of satisfactory evidence to be the person(ey who name(5) is/a*csubscribed to the within instrument, and acknowledged tome that he/shdgicy executed the same in his/keF/t wir authorized capacity(ie*, and that by his/lwr/their signature(s�-on the instrument the personta-y, 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. DUi_Cf DANIELLE BARKER WITNESS my hand and official seal. Comrnisefon N 2099918 Notary Public - California z Orange County (SEAL) Notary Public RELEASE® i7ate: .,i Bond No.: PB02497500202 Signat e: Premium: $2,130.00/2 yrs. EXECUTED IN TRIPLICATE City Cler City of San Juan Capistra , CA SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 86499.2) KNOW ALL MEN BY THESE PRESENTS, that TNHC San Juan LLC, a Delaware limited liability company (hereafter designated as "Principal"), agrees to install and complete certain designated public improvements as conditioned by City Council Resolution No. 14-08-19-02 WHEREAS, said Principal is required to fumish a bond for the faithful performance to guarantee certain work, more particularly described as follows: Tract 17655 - OLIVA SUBDIVISION - Exhibit -C Water Improvements NOW, THEREFORE, we, the Principal are held firmly bound unto the City of San Juan Capistrano, (hereafter called "Obligee") in the penal sum of One Hundred Forty -Two Thousand & ND/100ths Dollars, ($142,000.00 ) 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 vold; 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 4th 2015 , at Orange SURETY Philadelphia Indemnity Insurance Company By Shane Wolf, Attorney -in -Fact APPROVED AS TO FORM: By _A—', Hans Van Ligten, City Attorney day of March , California. PRINCIPAL TNHC San Juan LLC, a Delaware limited liability company By: The New Home Company Southern California LLC, a Delaware �Limited �Liability Company (NOTARIZATION AND SE } Page 2 of 2 ALL- PURPOSE CERTIFICATE OF 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 Los Angeles } On March 4, 2015 before me, Susan E. Morales, Nota Public ere insert name 555 tale as Ene o cert personally appeared Shane Wolf , who proved to me on the basis of satisfactory evidence to be the person() whose name(&) is/ale subscribed to the within instrument and acknowledged to me that he/si� executed the same in his/Ihe+r authorized capacity(ies), and that by his/he4th it 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. WITNESS my hand and official seal. rotary Public Signature (Notary Public Seal) w— — ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Subdivision Perf. Bond (TNHC San Juan) (Titre or description of attached document) Philadelphia Indemnity Insurance Co. (Title or description of attached document continued) Number of Pages 2 Document Date 3/4/15 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) El Attorney -in -Fact ❑ Trustee(s) ❑ Other 2G15 Version vvmn NoiaryClasses Com 30C-873-9860 INSTRUCTIONS FOR COMPLETING THIS FORM This forat complies ss-ith rierrent California staieetes regarding notan, wording and. if needed, should be completed and artuehed to the document. Ac47tohvedgents from other states may be completed for documents being seat io that stage so long as the ivording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/the} is /are ) or circling the correct forms Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. impression must not cover reit or lines. If seal impression smudges. re -seal if a sufcium area permits, oihermw complete a different acknowledgment farm. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. PRI 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. SHANE WOLF, CHERYL L. THOMAS AND BEATA A. SENSE OF ROHM INSURANCE AGENCY Its true and lawful Attomey(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 S25,004,000-00 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 Hoard of Directors of PHIE_.ADELPHIA INDEMNITY ENSURANCE 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. (i) Appoint Attorney(s) in Fact and authorize the Attomey(s) in Fact to execute on behatfof 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 INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7r" DAY OF FEBRUARY 2013. (Seal) Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 7h 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 Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. COMMON FIEMsrLVAHIA NGTAmAl. SEAL DANIELLE POFAIii. Nut q PWc L0WMN*Tw .,Mpnlgu EanxnEesion $s Madr 2T. i0t Notary Public: residing at: (Notary Seal) My commission expires: -6vkk,f�,- BalaCvnwvd. P March 22, 2016 t. Craig P. Keller, Executive Vice President, Chief Financial Officerand secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution ofthe Board of Directors and this Power of Attomey issued pursuant thereto are true and correct and are still in full force and effect. I do further cerci fy that Robert D. O'Leary Jr., who executed the Power of Atorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, t, n, -42D15 In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of A 4 20 Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY 7' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 Y'-��x�_ c�r�c��� cs e ces r�cr�rec��ricrx e 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 before me,fil96*1� Date Here Insert Name and Title of the Officer personally appeared Nameo of Signe) 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. DULCE DANIELLE BARKER Commission # 2099918 Z:=ur' Notary Public • California i Z Orange County a My Comm. Eg ires Feb 12. 2019 r 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. Signature i2g"� jX,,jz,0 Sign Lure 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: _ Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator I-1 Other: Signer Is Representing: 02014 National Notary Association - www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 ELEASE® Date: Bond No.: PB02497500202 EXECUTED IN TRIPLICATE Signat — City Cler Premium included with City of San Juan ivaplstrano, C 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 liability company (hereafter designated as "Principal'), agrees to install and complete certain designated public improvements more particularly described as follows, Tract 17655 - OLIVA SUBDIVISION - Exhibit C Water Improvements 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 One Hundred Forty -Two Thousand & NO/100ths Dollars, ($142,000.00 ) 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. 14-08-19-02 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 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 4th day of __ March 2015 , 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 liability company By: The New Home Company Southern California LLC, a Delaware Limited Liability Company B:. Shade Wolf, Attorney -in -Fact (NORTARIZATION A0 SEAL) APPROVED AS TO FORM: BY ans Van Ligten, City Attorney NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 ALL- PURPOSE CERTIFICATE OF 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 Los Angeles On March 4, 2015 before me, Susan E. Morales, Nota Public jh,me insen name arto OR or IFTL Ice) personally appeared Shane Wolf who proved to me on the basis of satisfactory evidence to be the person(a) whose name(s) is/af-e subscribed to the within instrument and acknowledged to me that he/ Ivey executed the same in his/ba4hok authorized capacity(ies), and that by his/%" @4 - r signature( on the instrument the person(e), 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. _ :iUSAN E. tylORALES WITNESS my hand and official seal. �ti J ! ,:s5 AKtt ZLES cou"7Y 2t;, 2015 atary Public Signature (Notary Public Seal] ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Subdivision Pay Bond (TNHC San Juan) (Title or description of attached document) Philadelphia Indemnity Insurance Co. (Title or description of attached document continued) Number of Pages 3 Document Date 3/4/15 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) 0 Attorney -in -Fact ❑ Trustee(s) ❑ Other 2016 `/ersion 300-373-9866 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statures regarding notary Wording and. if needed, should he completed and attached to the docirmenr..-lcknofivedgears from other stares may be completed for docuorenrs being sent to that state so long as the srording does not require the California notary ry Violate Cafifaraia notary lam. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. tae/she/they is /are ) or circling the correct forms Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges. re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document Indicate title or type of attached document, number of pages and date Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer, indicate the title (i.e CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple 27 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, SHANE WOLF, CHERYL L. THOMAS AND BEATA A. SENSI OF ROHM INSURANCE AGENCY Its true and lawful Attomey(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 W,000.000.00 This Power orAttomey 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"day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) 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 INDEMNITY 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. 1927 (Seal) Robert D. O'Leary Jr, President & CEO Philadelphia Indemnity Insurance Company On this 7h day of February 2013, before me came the individual who executed the preceding instrument, tome 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. commo weALTH PENN NOTARIAL SEAT OAMELLf PDRATH. Notary PWlc��tlyy rxttl�fon M�e 20th Notary Public residing at: (Notary Seal) My commission expires: Bala Cynwyd PA March 22,2916 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 purstusnt 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 or Attorney as President, was on the date ofexecution ofthe attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, 77 ``�� MAR T 4 LV�� In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of MAR 20 Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 `� �J� before me,�G��.PN� %2T�WIL Date Here Insert Name and Title of the Officer personally appeared Name of Signer(,sj' 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. DULCE DANIELLE BARKER t WITNESS my hand and official seal. Commission #r 2099918 ^� Notary Public - California i Z Orange County a Signature _ My Comm. Expires Fab t2, 2019 Signature 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 RELEASE[ Bond No.: PB02497500202 Data: Premium: $2,130.00/2 yrs. EXECUTED IN TRIPLICATE Signat — City Clerk r City of San Juan Capistrano, CA SUSDIVI$-ION FAITHFUL P F CE 80 (GOVERNMENT CODE 66499.2) KNOW ALL MEN BY THESE PRESENTS, that TNHC San Juan LLC, a Delaware limited liability company (hereafter designated as "Principal"), agrees to install and complete certain designated public improvements as conditioned by City Council Resolution No. 14-08-19-02 WHEREAS, said Principal is required to furnish a bond for the faithful performance to guarantee certain work, more particularly described as follows: Tract 17655 - OLIVA SUBDIVISION - Exhibit C Water Improvements NOW, THEREFORE, we, the Principal are held firmly bound unto the City of San Juan Capistrano, (hereafter called "Obligee") in the penal sum of One Hundred Forty -Two Thousand & NO/100ths Dollars, ($142,000.00 �} 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 4th 21315 , at Orange SURETY Philadelphia Indemnity Insurance Company By - Shane Wolf, Attorney -in -Fact APPROVED AS TO FORM: By 06W Hansg en, City Attorney day of March , California. PRINCIPAL TNHC San Juan LLC, a Delaware limited liability company By: The New Home Company Southern California LLC, a Delaware Limited Liability Company (NOTARIZATION AND $ Q Page 2 of 2 ALL- PURPOSE CERTIFICATE OF 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 Los Angeles On March 4. 2015 before me, Susan E. Morales, Notary Public I ere insert name and tkt a e 0 C80 personally appeared Shane Wolf who proved to me on the basis of satisfactory evidence to be the person(4) whose name(&) is/afe subscribed to the within instrument and acknowledged to me that he/&hehhrey executed the same in his/fir authorized capacity(+es), and that by his/hefAh it signature(&) on the instrument the person(.&), or the entity upon behalf of which the person(64 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. SUSAN E. MID -1 -ESI WITNESS my hand and official seal. !g3072' =' SiJ[]FAF.^i ?,:8.:-CA'.i7t1U7h1.1. 117 S,k+:�i.-- - r.tr-_.td�.>,iy•'•ifs•r vti •..'+..itor:wd: otary Public Signature (Notary Public Seal) 0 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Subdivision Perf. Bond (TNHC San Juan) (Title or description of attached document) Philadelphia Indemnity Insurance Co. (Title or description of attached document continued) Number of Pages 2 Document Date 3/4/15 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) El Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 /ersicr. ,v,,pni iotar/Classes cern, 8DS-873-0865 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statures regarding notary wording and, if needed should be completed and attached to die document,:l elarah{°edgents fra+n other states may he completed for documents being sent to that state .so long as the ,vording does not require the California notary to violate California notary lmv. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public)- • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/Cke�-- is /are ) or circling the correct forms Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. if seal impression smudges. re -seal if a sufficient area permits, otherwise complete a di t7erem acknowledgment Form. • Signature of the notary public must match the signature on file with the office of the county clerk. -*.P Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document Indicate title or type of attached document, number of pages and date Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple 28 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, SHANE WOLF, CHERYL L. THOMAS AND BEATA A. SENSI OF ROHM INSURANCE AGENCY Its true and lawful Attomey(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 or its business and to bind the Company thereby, in an amount not to exceed 525,000,000.00 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 P141 LADELPH[A IN DEM NITY INSURANCE COM PA N Y at a meeting duly called the I ° day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attomey(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 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 INDEMNITY 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. = 1927 (Seal) Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 7h 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 Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. COMMON PEMOYLVArnA H41'ARtAf_5E41'. DAMELLE PORATH, Rotary P10C I140IIt9Cir�EriZ �� Notary Public: residing at: (Notary Seal) My commission expires: Bala Cvn d A March 22, 2016 f, 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 Attomey 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 anached Power of Attomey 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 day of m A R — 4 L U I'j .20 J r Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY 1927 r CALIFORNIA• • •D 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 4 %� ) On l�01 before me, � ItiL�?.{ �� �i��fl� Date Here Insert Name and Title of the Officer personally appeared Nameo of Signer(,' 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. DULGE DANIELLE BARKER Commission # 2099918 Notary Public - California z Orange County My Comm. Ex fres Feb 12, 2019 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. Signature _ Sign Lure 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www. National Notary. org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 RELEASED, Date: 1 Bond No.: PB02497500202 EXECUTED IN TRIPLICATE Signat e. Premium included with City Clerk � City of San Jua ap'jstrano,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 liability company (hereafter designated as "Principal'), agrees to install and complete certain designated public improvements more particularly described as follows: Tract 17655 - OLIVA SUBDIVISION - Exhibit C Water Improvements 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 One Hundred Forty -Two Thousand & NO/100ths Dollars, ($142,000.00 ) 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. 14-08-19-02 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 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: 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 4th day of __ March 2015 , 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 liability company By: The New Home Company Southern California LLC, a Delaware Limited Liability Company By: r G Shane Wolf, Attorney -in -Fact (NORTARIZATION AN : SEAL) APPROVED AS TO FORM: BY L—,— Hans Van Ligten, City Attorney NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 ALL- PURPOSE CERTIFICATE OF 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 Los Angeles On March 4, 2015 before me, Susan E. Morales, Nota Public ere insert name ana due of the o cer) personally appeared Shane Wolf who proved to me on the basis of satisfactory evidence to be the person(s) whose name(e) is/a-Fe subscribed to the within instrument and acknowledged to me that he/s�y executed the same in his/ heinr authorized capacity(4&), and that by hisifhe4theinr signature(4) on the instrument the person(e), or the entity upon behalf of which the person(4) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. n 930723 '7 Lam • i�i_i'lJ �'-'�i;' �;- __„-CAi-ie OtN?Aa ' r •.i i�'r.l. --; -;'.. .:(N;NT,Yl"y %�YYY.W ✓:..ti ✓_`.. 'i..`;t-z�:�S � }YrO.W,%G�v.i�+l�} (Notary Public Seel): WITNESS my hand and official seal. Notary Public Signature ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Subdivision Pay Bond (TNHC San Juan) (Title or description of attached document) Philadelphia Indemnity Insurance Co. (Title or description of attached document continued) Number of Pages 3 Document Date 3/4/15 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) p Attorney -in -Fact ❑ Trustee(s) ❑ Other r- 13- Version �Piv.;`n NctafyClasses—cm 8CG373-5865 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies rrith current Califarnia slauues regarding notal)' wording and, if needed. should be completed and attached to the document- Acknoheedgems from other states may be completed far documents being sent to that state so long as die ivording does not require the California notary to violate California notary lau`. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. #e/she/the}" is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording • The notary seal impression must be clear and photographically reproducible. Impression must not cover tent or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i e CEO, CFO, Secretary) • Securely attach this document to the signed document with a staple. 29 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 exisung under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint: TODD M. ROHM, SHANE WOLF, CHERYL L. THOMAS AND BEATA A. SENSI OF ROHM INSURANCE AGENCY Its true and lawful Attomey(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 tltercol', issued in the course of its business and to bind the Company thereby, in an amount not to exceed S25,800,000.00 This Power orAttomey is granted and is signed and seated by Facsimile under and by the authority of the rol lowing Resolution adopted by the Board of Directors of PHILADELPHIA 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 orthe Company to: (l) Appoint Attorncy(s) in Fact and authorize the Attorney(5) in Fact to execute on behalf or the Company bonds and u nderlak ings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the sea{ 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 THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7 T1 DAY OF FEBRUARY 2013. I927 O (Seal) """' Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 7`' 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 Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed, :DANELLE PNOTARfA SSL PORATH. Notary Pudic rlf+%mlw ..1I0 ou bAaidt 029i9 Notary Public: residing at: (Notary Seal) My commission expires: Bala Cyrt+vvd PA March 22 201 fi I, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution orthc Board or 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 Attomey the duly elected President of PI -11 LA DEL P H I A INDEMNITY INSLIRANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of MAR — �u 20 Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY CALIFORNIA•. • •. .@n .A 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 .j9WM 9,f before me, Date Here Insert Name and Title of the Officer personally appeared LZZ Name of Signe 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. DULCE DANIELLE BARKER Commission #r 2099918 a -+ Notary Public - California z Orange County r my Comm. Ex ires Feb 12. 2019 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. Signature _ Signa ure 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www. National Notary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 V SEL ASE Date: Signat r : Bond No.: PB02497500202 City ClericPremium: $2,130.00/2 yrs. EXECUTED IN TRIPLICATE City of San Juan apistrano, SUBDIVISION FAIIHFUL PERFORMANCE BD (GOVERNMENT CODE 66499.2) KNOW ALL MEN BY THESE PRESENTS, that TNHC San Juan LLC, a Delaware limited liability company (hereafter designated as "Principal'), agrees to install and complete certain designated public improvements as conditioned by City Council Resolution No. 14-08-19-02 WHEREAS, said Principal is required to furnish a bond for the faithful performance to guarantee certain work, more particularly described as follows: Tract 17655 - OLIVA SUBDIVISION - Exhibit C Water Improvements NOW, THEREFORE, we, the Principal are held firmly bound unto the City of San .duan Capistrano, (hereafter called "Obligee") in the penal sum of One Hundred Forty -Two Thousand & NO/100ths Dollars, ($142,000.00 _ ) 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 4th 2015 , at Orange SURETY Philadelphia Indemnity Insurance Company By. Shane Wolf, Attorney -in -Fact APPROVED AS TO FORM: By Hans Van Ligten, City Attorney day of March California. PRINCIPAL TNHC San Juan LLC, a Delaware limited liability company By: The New Home Company Southern California LLC, a Delaware Limited Liability Company (NOTARIZATION A SEAL) Page 2 of 2 ALL- PURPOSE CERTIFICATE OF 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 Los Angeles On March 4, 2015 before me, Susan E. Morales, Nota Public BrL �lFSert r -are art titre 6 e o 1Cer+ personally appeared Shane Wolf who proved to me on the basis of satisfactory evidence to be the person(sj whose name(&) is/ate subscribed to the within instrument and acknowledged to me that he/shrethey executed the same in his/he4the+r authorized capacity(ines), and that by his/weir 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. y f3USAN E. I~: tuRA.' ES S. WITNESS my hand and official seal.i}4� £:O"`"' # 14(:«3 := I:.t 3-IUTs.P : »GL:C. _ Crd,t VORNIA � 1Ar— 7` ,5 AN S 3 CE)JNi i Y .I.•,},.s ts'•..'cNr28, 201SJ ■ r f C!i L .ctr:'d.�i#�1:. ,.. =�r�:L•.a:ictidswi ��.tt��tt�F;;�� Notary Public Signature . (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Subdivision Perf. Bond (TNHC San Juan) (Title or description of attached document) Philadelphia Indemnity Insurance Co. (Title or description of attached document continued) mber of Pages 2 Document Date 3/4/15 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) El Attorney -in -Fact ❑ Trustee(s) ❑ Other 201.5 Version: �,,mvy.:Notar-,Classes cern 80G873-986-4 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with Current California statutes regarding notary wording arid, if needed, should be completed and attached to the document. .4cknahvedgenls from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed- • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public) • Print the name(s) of document signers) who personally appear at the time of notarization • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/0%s ,- is /are ) or circling the correct forms Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible Impression must not cover text or lines If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document Indicate title or type of attached document, number of pages and date Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i e CEO, CFO, Secretary) • Securely attach this document to the signed document with a staple 30 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 ofthe Commonwealth of Pennsylvania, does hereby constitute and appoint: TODD M. ROHM, SHANE WOLF, CHERYL L. THOMAS AND BEATA A. SENSI OF ROHM INSURANCE AGENCY Its true and lawful Attomey(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 thercor. 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 ofAttomey 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"day of July, 2011, RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) 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 Attomey-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such afficers and the seal of the Company may be afl3xed 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 THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7 T DAY OF FEBRUARY 2013, .......... 1927 (Seal) '^"" Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 7"' 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 Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed - Gays F04NSMLVAFNI NflTRRtALSFAL tt DWELLS PORATH, Ilolary P1rNG LoraruessonT ��06larchr2019 Carxnt� un Notary Public: residing at: (Notary Seal) My commission expires: -5v k L f� -- Bala Cvnwvd. PA March 22 2016 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 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 I have subscribed my name and affixed the facsimile seal of each Company this day of MAR — 4 2015 20 1 Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 4 f� before me, Date _ Here Insert Name and Title of the Officer personally appeared Name '0 of Signer, , 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. OULCE DANIELLE BARKER Commission # 2099918 Notary Public - California Orange County My Comm. Expires Feb 12, 2019 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. Signature Signalture 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www. National Notary. org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 RELEASED Date. _ . 5ignat Bond No.: PB02497500202 EXECUTED IN TRIPLICATE City Clerk Premium included with City of San Juan Capistrano, A 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 liability company (hereafter designated as "Principal'), agrees to install and complete certain designated public improvements more particularly described as follows: Tract 17655 - OLIVA SUBDIVISION - Exhibit C Water Improvements 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 ,Tuan Capistrano, hereinafter called "City" in the penal sum of One Hundred Forty -Two Thousand & NO/100ths Dollars, ($142,000.00) 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. 14-08-19-02 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 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 4th day of March 2015 , 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 liability company By: The New Home Company Southern California LLC, a Delaware Limited Liability Company By: Share Wolf, Attorney -in -Fact (NOR PARIZADTIONA��� NS SEAL} APPROVED AS TO FORM: BY —09f Hans Van Ligten, City Attorney NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 ALL- PURPOSE CERTIFICATE OF 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 Los Angeles } On March 4, 2015 before me, Susan E. Morales, Nota Public [mere insert rearm and Re t e cer! personally appeared Shane Wolf who proved to me on the basis of satisfactory evidence to be the person('J) whose name(B) is/a+e subscribed to the within instrument and acknowledged to me that he/sheA*ey executed the same in his/49r4;s+r authorized capacity(ia&), and that by his/ e4the, 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. $-01aW�s'iS -. .=4>!c'ha�S4a$0.7hdN> ti 'SL'S/-\N E. MORALES . WITNESS my hand and official seal. �_ , t ! t,;.'. �t 1930723 �^Y7 s 5rrr, L 1'J,. ;_lr." camF-; C 0 LINTY 6 i'f)' Co. -,ii frr_s ^•8, 20i5:�F Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Subdivision Pay Bond (TNHC San Juan) (Title or description of attached document) Philadelphia Indemnity Insurance Co. (Title or description of attached document continued) Number of Pages 3 Document Date 314115 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) -i Partner(s) Attorney -in -Fact G Trustee(s) C Other 2015'/ersicn w)vw NctaryClasses.ccm 8CC-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknohvedgents from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. lie/she/they; is /are ) or circling the correct forms Failure to correctly indicate this information may lead to rejection of document recording • The notary seal impression must be clear and photographically reproducible Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form • Signature of the notary public must match the signature on file with the office of the county clerk Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document Indicate title or type of attached document, number of pages and date Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i e. CEO, CFO, Secretary) • Securely attach this document to the signed document with a staple 31 PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St. Asaph's Rd., Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY T14ESE 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, SHANE WOLF, CHERYL L. THOMAS AND BEATA A. SENSI OF ROHM INSU RAN CE AGENCY Its true and lawful Attomey(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 $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 PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the l" day ofluly, 2011 RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) 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 Attomeyin-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 va;id 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 7T" DAY OF FEBRUARY 2013- j.r - ✓rs 1927 (Seal) " .. ...N Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 7h 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 Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. COhtrK�M' ALTttaFPPNb19YLY!W1R HOTAR"I SEAk DA14 LE PORATH, NalammrY�ery r�Tyy �,atr �Iy�artlr2Z,2iliB Notary Public: residing at: (Notary Seal) My commission expires: Bala Cvnwyd PA March 22. 2 6 I, Craig P- Keller, Executive Vice President, ChieFFinancial Officerand 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 Powor 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, MAR H It - 4 7015 In Testimony Whereof 1 have subscribed my name and affixed the facsimile seal of each Company this day of 20 Craig P Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY 13�i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Onbefore me,y_ I �G Date Here Insert Name and Title of the Officer personally appeared of Signe r14 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. DC!m_ff_4s_sio_n_#_20_99_91_8_ CE DANIELLE BARKER i�w Notary Public - California z Z Orange County r My Comm. Eligires Feb 12.2019 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. Signature. & 4 -A4 4 Sign Lure 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: Capacity(ies) Claimed by Signer(s) Signer's Name: _ ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator I-1 Other: Signer Is Representing: 02014 National Notary Association - www.Nationa[Notary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 RELEASED Date: r�- Signat e: Band No.: PB02497500203 City Clerk Premium: $2,145.00/2 yrs. EXECUTED IN TRIPLICATE City of San 3uan apistrano, SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.2) KNOW ALL MEN BY THESE PRESENTS, that TNHC San Juan LLC, a Delaware limited liability company (hereafter designated as "Principal'), agrees to install and complete certain designated public Improvements as conditioned by City Council Resolution No. 14-08-19-02 WHEREAS, said Principal is required to furnish a bond for the faithful performance to guarantee certain work, more particularly described as follows: Tract 17655 - OLIVA SUBDIVISION - Exhibit D Sewer Improvements NOW, THEREFORE, we, the Principal are held firmly bound unto the City of San Juan Capistrano, (hereafter called "Obligee") in the penal sum of One Hundred Forty -Three Thousand & N01100ths Dolla rs, ($143,000.00__) 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 4th 2015 , at Orange SURETY Philadelphia Indemnity Insurance Company By. _ i-4� — Shane Wolf, Attorney -in -Fact APPROVED AS TO FORM: By Hans Van Ligten, City Attorney day of March , California. PRINCIPAL TNHC San Juan LLC, a Delaware limited liability company By: The New Home Company Southern California LLC, a Delaware Limited Liability Company (NOTARIZATION AND *L) Page 2 of 2 ALL- PURPOSE CERTIFICATE OF 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 Los Angeles } On March 4. 2015 before me, Susan E. Morales, Nota Public triefe ensen name ana u e 61 ine tsr personally appeared Shane Wolf who proved to me on the basis of satisfactory evidence to be the person( -EO whose name(&) is/afe subscribed to the within instrument and acknowledged to me that he/s-�y executed the same in his/ha etr authorized capacity(ines), and that by his/0,9FA+reir signature(.&) on the instrument the person(.&), or the entity upon behalf of which the person(s) acted, executed the instrument. 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. -9- . M 0J20 Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Subdivision Perf. Bond (TNHC San Juan) (Title or description of attached document) Philadelphia Indemnity Insurance Co. (Titre or description of attached document continued) ber of Pages 2 Document Date 3/4/15 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) 11 Attorney -in -Fact ❑ Trustee(s) ❑ Other 20 IS iersinr Ietar/Classes --cm 800-873-;865 n ,�'•-`= t 'x .,723 Y M—ch 28, 2015.` INSTRUCTIONS FOR COMPLETING THIS FORM This form complies ivah current California siatates regarding notarylvording and. if needed. should be completed and attached to rite document, .4cln:ahvedgenis from other states may be completed fot documents being sent w that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed • the notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e Ire/she/tke}� is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient arca permits. otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. . Indicate title or type of attached document, number of pages and date Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. 32 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 tic laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint: TODD M- ROHM, SHANE WOU, CHERYL L. THOMAS AND BEA7AA. 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 $25A00,000A0 000A0 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` day of July, 2011, RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) 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 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 INDEMNITY 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. . � 1 r 1927 (Seal) - 9 Robert D O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 7�' 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 Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed- p]M yr FPMNSrLVAMA Itl7TAR1AL SEAL �DMELLE PORATIi, NotaryPtrbYcerimn Tw .. coural9sim • 20t Notary Public: residing at: (Notary Seal) My commission expires: bA,I,k (rte_ Bala Cvnwvd PA March 22- 2016 1, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHII.ADELPH[A INDEMN11-Y 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 arc stilt in full force and effect. I do further cenify that Robert D. O'Leary Jr„ who executed the Power of Attorney as President, was on the date or execution of the attached Power or Attorney the duly elected President or PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of M-4 M5 20 Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY s CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 r�lL . �� before me,� t �/ Date/� Here Insert Name and Title of the Officer personally appeared 70M ��� U Name of Signe 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. WITNESS my hand and official seal. DULCE OANiELLE 9AFIXER Commission # 2099918 Notary Public - California n Signature Orange County M Comm. E lres Feb 12.2019 r Sign ure 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 RELEASE[ Date: Signate: t city Clerk Bond No.: PB02497500203 EXECUTED IN TRIPLICATE City of San Juan Capistrano A 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 liability company (hereafter designated as "Principal'), agrees to install and complete certain designated public improvements more particularly described as follows: Tract 17655 - OLIVA SUBDIVISION - Exhibit D Sewer Improvements 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 One Hundred Forty -Three Thousand & NO/100ths Dollars, ($143,000.00 ) 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_ 14-08-19-02 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 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 duty executed by the Principal herein named on the 4th day of March 2015 , 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 liability company By: The New Home Company Southern California LLC, a Delaware Limited Liability Company By: _ Shane Wolf, Attorney -in -Fact ' (NORTARIZATION AND)EAL) APPROVED AS TO FORM: BY Hans Van Ligten, City Attorney NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 rs ALL- PURPOSE CERTIFICATE OF 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 Los Angeles } On March 4, 2015 before me, Susan E. Morales, Notary Public ere insert name and bUe of the officer) personally appeared Shane Wolf who proved to me on the basis of satisfactory evidence to be the person(,a) whose name(a) is/aye subscribed to the within instrument and acknowledged to me that he/ hey executed the same in his/4@;Ah4@k authorized capacity(4&), and that by histlhe 4 signature(&) on the instrument the person(e), 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. -") `- ''``''' R�_''S = L.L.%Pril-•.. �,' ! C' .i✓!_�'.:.D - LC» FnC C3i1N1'Cn J2 .. 1 . C ?tl, zllta Notary Public Signature (Notary Public Seal) 'ti • �.:h. _,:{z.. ; ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Subdivision Pay Bond (TNHC San Juan) (Title or description of attached document) Philadelphia Indemnity Insurance Co. (Title or description of attached document continued) Number of Pages 3 Document Date 314115 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) 0 Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 800-373-9865 INSTRUCTIONS FOR COMPLETING THIS FORM Thisform complies ivith current California statutes regarding notary wording and, if needed, should be completed and attached to the document Acknohvedgents from other states may be completed far documents being sent to that state so long as the fvording does not require the California notary to violate California notary lafv. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e he/she/ is /are ) or circling the correct forms Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines If seat impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i e CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple 33 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, SHANE WOLF, CHERYL L. THOMAS 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 525,040,000.00 This Power of Attomey 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 1 s' day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attorney(s) in Fact and authorize the Attorneys) 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 ofAttorney 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 THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7r" DAY OF FEBRUARY 2013. (Seal) " "' Robert D. O'Leary Jr, President & CEO Philadelphia Indemnity Insurance Company On this 7h 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 Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. �,p�ty C1F4TIIVTtsrL+rANW NOTARIAL SEAL DARItELLE PORATKI Notary PuNO tow5rmei-Tw ., Cartrtt A'm � 201 Notary Public: residing at: (Notary Seal) My commission expires: ,41�& a.— Bala Cvnwvd_ PA March 22 201 1, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution ofthe Board of Directors and this Power ofAttomey 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, p — 4 W5 In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of AR U 1, 20 Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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�r } County of ryy ) On /0 :00 ?,!5- before me, AIO�gq AIPI/�! Date —�� ,, r L Here Insert Name and Title of the Officer personally appeared / U�1'( C� 4ol z _ Name of Signel(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 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. DULCE DANIELLE BARKER Commission s 2099918 Notary Public - California z z Orange County r my Comrn. Ex fires Feb 12, 2015 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. Signature Signa re 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s); _ ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: _ ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: _ Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 RELEASE[ Date: Signat and No.: PB02497500203 City Clerk Premium: $2,145.00/2 yrs. EXECUTED IN TRIPLICATE City of San Juan Capistran , CA SUIRO1VISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.2) KNOW ALL MEN BY THESE PRESENTS, that TNHC San Juan LLC, a Delaware limited liability company__ (hereafter designated as "Principal'), agrees to install and complete certain designated public improvements as conditioned by City Council Resolution No. 14-08-19-02 WHEREAS, said Principal is required to furnish a bond for the faithful performance to guarantee certain work, more particularly described as follows: Tract 17655 - OLIVA SUBDIVISION - Exhibit -D Sewer Improvements NOW, THEREFORE, we, the Principal are held firmly bound unto the City of San Juan Capistrano, (hereafter called "Obligee") in the penal sum of One Hundred Forty -Three Thousand & NO/100ths Dollars, ($143,000.00 ) 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 4th 2015 , at Orange SURETY Philadelphia Indemnity Insurance Company By: Shane Wolf, Attorney -in -Fact APPROVED AS TO FORM: By QU Hans Van Ligten, City Attorney day of March , California. PRINCIPAL TNHC San Juan LLC, a Delaware limited liability company By: The New Home Company Southern California LLC, a Delaware Limited Liability Company 11 (NOTARIZATION AN)EAL) Page 2 of 2 ALL- PURPOSE CERTIFICATE OF 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 Los Angeles } On March 4, 2015 before me, Susan E. Morales, Notm Public ere insert name and title of tne o cer) personally appeared Shane Wolf who proved to me on the basis of satisfactory evidence to be the person(e) whose name(&) is/afe subscribed to the within instrument and acknowledged to me that he/s#eftl°re executed the same in his/ etr authorized capacity(ies), and that by his/herd-ieir signature(&) on the instrument the person(.&), or the entity upon behalf of which the person(64 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. �` ti <,.., i93C;;?3 `; nOUNTY O a~'� 3k C ,r•.,:,- > : I. - P,�:.-�, 28, 201 , Ufa ❑tory Public Signature (Notary Public Seal) ti'�n•+f" ' my y.. a4rAf'R'1ri4+iw ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Subdivision Perf. Bond (TNHC San Juan) (Title or description of attached document) Philadelphia Indemnity Insurance Co. (Title or description of attached document continued) Number of Pages 2 Document Date 3/4/15 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) p Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version straw �ictar/Classes corn 300-33-9865 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies a-ith current Calfor•nia statutes regarding notary ivording and. if needed, should be completed and attached to the document .4cknohved eats from other states may be completed for documents being sent to that state so long as the fvording does not require the California notary to violate California notary /mv. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i e. he/she/*ey;- is /are ) or circling the correct forms Failure to correctly indicate this information may lead to rejection of document recording • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges_ re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i e CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple- 34 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, SHANE WOLF, CHERYL L. THOMAS AND BEATA A. SENS[ OF ROMM INSURANCE AGENCY Its true and lawful Attomey(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 S25,000,000-00 This Power ofAttomay 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 1"day of]uly, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attorney(s) in Fact and authorize the Attorney($) 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 affixod 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 THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS Tru DAY OF FEBRUARY 2013. _r %y - • (Seal) Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 7h day of February 2013, before me came the individual who executed the preceding instrument, tome 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. CaM PZW4SV LVAN1A NOTARIAL SEAL OANELLE PMATH. NaietY Pt"c , t corarkda .. hbn� 2010 ' Notary Public: residing at: (Notary Seal) My commission expires: Bala C nwv PA March 22. 2016 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 Powerof 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 Attomey as President, was on the date of execution of the attached Power of Attomey the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. AA��11 - 4 2015 In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of lYIA� 20 Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY r.;�- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 / � &dt ld , ,g 000- before me, W`�.G AUkt,-2,), XO t0 li� y Date Here Insert Name and Title of the Officer personally appeared'�G()l NameKof Signer ) 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. QULCE DANIELLE BARKER Commission # 2099918 ¢Notary Public - California z Z(4y Orange Count M Comm. is fres Feb 12, 2019 Place Notary Seal Above 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. Signature Signa re of Notary Public 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: _ ©2014 National Notary Association • www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 RELEASED Date: Bond No.: PB02497500203 EXECUTED IN TRIPLICATE Signat e; Premium included with --ity Clerk City of San Juan Capistrano, 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 liability company (hereafter designated as "Principal'), agrees to install and complete certain designated public improvements more particularly described as follows: Tract 17655 - OLIVA SUBDIVISION - Exhibit D Sewer Improvements 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 One Hundred Forty -Three Thousand & NO/100ths Dollars, ($143,000.00 ) 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. 14-08-19-02 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 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 4th day of March 2015 , 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 liability company By: The New Home Company Southern California LLC, - a Delaware Limited Liability Company By:, Shane Wolf, Attorney -in -Fact (NORTAR IZATION AN ❑ �S AI-) APPROVED A5 TO FORM: BY Hans Van L rney NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 ALL- PURPOSE CERTIFICATE OF 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 Los Angeles } On March 4, 2015 before me, Susan E. Morales, Nota Public re elnSert nama an W e OT Uie OFTICer, personally appeared Shane Wolf who proved to me on the basis of satisfactory evidence to be the person('s) whose name( -a) is/afe subscribed to the within instrument and acknowledged to me that he/chef hey executed the same in his/k>aU�ei'r authorized capacity("), and that by his/fir signature( on the instrument the person(e), or the entity upon behalf of which the person(z) 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. SUS -AA E. MORALF-S . WITNESS my hand and official seal. -_t ' CO IOaO72 i V i�i:TkeY ;' .E'�:C- - CAr_t.=rnliFri ;?z^s. V4 A.'J: 47r)U;4Ty 28, 2015 Notary Public signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Subdivision Pay Bond (TNHC San Juan) (Title or description of attached document) Philadelphia Indemnity Insurance Co. _ (Title or description of attached document continued) Number of Pages 3 Document Date 3/4/15 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) p Attorney -in -Fact ❑ Trustee(s) ❑ Other 20'S Version �,,fAnv NotaryClasses -com 800-373-9865 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California srarutes regarding notary wording and. if needed. should be completed and attached to the doctmrent Acknol+redgents from other states may he completed for documents being sent io that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e 4e/she/fiher is /are ) or circling the correct forms Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically- reproducible. Impression must not cover text or lines. If seri impression smudges. re -seal if a sufficient area permits, otherwise complete a different acknowledgment rorm. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date . Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer, indicate the title (i.e CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple 35 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, SHANE WOLF, CHERYL L. THOMAS AND BEATA A. SENSI OF ROHM INSURANCE AGENCY Its true and lawful Attomey(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 525,0001IQ0.00 This Power of Attorney is granted and is signed and scaled by facsimile under and by the authority of tho Following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly tailed the Id day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) 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 scat of the Company may be affixed to any such Power of Attorney or certifcatc relating thereto by facsimile, and any such Power of Attorney so executed and certified by faesimiie 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 7T" DAY OF FEBRUARY 2013. 'X !92? . s (Seal) "' Robert D. O'Leary Jr„ President & CEO Philadelphia Indemnity Insurance Company On this 7h day of February 2013, before me came the individual who executed the preceding instrument, tome 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. COMM VX LVAN NOTARIAL 5FAt DAMELLE PORA7K NuSetYPinee Notary Public residing at: (Notary Seal) My commission expires: 44�1- a, -- Bala vnwd PA March 22.2Q16 I, Craig P. Keller, Executive Vice President, Chief financial Officer and Secretary ofPHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the raregoing resolution or 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 orAttorney as President, was on the date of execution of the attached Power of Attomey the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, rs In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of MAR » 4 2015 20 Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY 1927 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 III �0 , before me, Date Here Insert Name and Title of the Officer r— personally appeared Nameo of Signerg 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. OULGE DANIELLE BARKER Commission #r 2099918 . - Notary Public - California Z Orange County My Comm. Expires Feb 12, 2019 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. Signature Si ature 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: Number of Pages:.. Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association - www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 RELEASED Date: --Bond No.: PB02497500203 Signae- Premium: $2,145.00/2 yrs. EXECUTED IN TRIPLICATE City Clerk City of San Juan Caplstra , CA SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.2) KNOW ALL MEN BY THESE PRESENTS, that TNHC San Juan LLC, a Delaware limited liability company (hereafter designated as "Principal'), agrees to install and complete certain designated public Improvements as conditioned by City Council Resolution No. 14-08-19-02 WHEREAS, said Principal is required to furnish a bond for the faithful performance to guarantee certain work, more particularly described as follows: Tract 17655 - OLIVA SUBDIVISION - Exhibit D Sewer Improvements NOW, THEREFORE, we, the Principal are held firmly bound unto the City of San Juan Capistrano, (hereafter called "Obligee") in the penal sum of One Hundred Forty -Three Thousand & NO/100ths Dollars, ($143,000.00 ) 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 4th 2015 , at Orange SURETY Philadelphia Indemnity Insurance Company By: _ Sh3na Wolf, Attorney -in -Fact APPROVED AS TO FORM. By Hans Van Ligten, City Attorney day of March , California. PRINCIPAL TNHC San Juan LLC, a Delaware limited liability company By: The New Home Company Southern California LLC, a Delaware Limited Liability Company (NOTARIZATIO ND SEAL) Page 2 of 2 ALL- PURPOSE CERTIFICATE OF 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 Los Angeles On March 4, 2015 before me, Susan E. Morales, Notary Public tmre rn Ser name ano - illi r� rr.r :lm =r! personally appeared Shane Wolf who proved to me on the basis of satisfactory evidence to be the person(sj whose name(&) is/are subscribed to the within instrument and acknowledged to me that he/shrefthteey executed the same in his/ e+- authorized capacity0es), and that by his/hefA it signature(4) on the instrument the person(.&), or the entity upon behalf of which the person(64 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. Notary Public Signature. (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Subdivision Perf. Bond (TNHC San Juan) (Title or description of attached document) Philadelphia Indemnity Insurance Co. (Titre or description of attached document continued) Number of Pages 2 Document Date 3/4/15 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) El Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Versior wv,, i ?iorar/Classes oom 300-873-9365 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies wFrb current California statures regarding notary warding and. if needed. should be completed and attached to the dore+ntent..4cbzohredgeuts from other stares may be completed far docantents bring sent to that stare so long ur the wording does not require the California notary to violate California notary lmv. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization- • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/#te)-,,- is /are ) or circling the correct fors Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photoguphicall% reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits. otherwise complete a different acknowiedgmm form- • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document Indicate title or type of attached document, number of pages and date. . Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i e CEO, CFO, Secretary) • Securely attach this document to the signed document with a staple. ES. SUS- s J ;ix'SCt '23 Y ; iJtdiY y 26, I011.5fr INSTRUCTIONS FOR COMPLETING THIS FORM This form complies wFrb current California statures regarding notary warding and. if needed. should be completed and attached to the dore+ntent..4cbzohredgeuts from other stares may be completed far docantents bring sent to that stare so long ur the wording does not require the California notary to violate California notary lmv. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization- • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/#te)-,,- is /are ) or circling the correct fors Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photoguphicall% reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits. otherwise complete a different acknowiedgmm form- • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document Indicate title or type of attached document, number of pages and date. . Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i e CEO, CFO, Secretary) • Securely attach this document to the signed document with a staple. 36 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, SHANE WOLF, CHERYL L. THOMAS AND BEATA A. SENSI OF ROHM INSURANCE AGENCY Its true and lawful Attomey(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 S25,000. il{)fi.60 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 1" day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) 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 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 INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7T" DAY OF FEBRUARY 2013. 1927 (Seal) Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 7h day of February 2013, before me came the individual who executed the preceding instrument, tome 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. ow NO OFFEKKSYLVAMA h1}rARtAL SEAL I]ANELI.PORATH, tJv>ani Puticr��y WomrMwon r 11 M lMarchtd Notary Public: residing at: (Notary Seal) My commission expires: Bala Cvnwvd. PA March 22 2016 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 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 Pregident, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, t' �1 In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of _ MAR a 4 2 u 15 , 20 C 1 ?. Craig P. Keller, Executive Vice President, Chief Financial Officer &Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY 1927 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 California0 } County of _ ) On�. before me,�� Date /J Here Insert Name and Title of the Officer personally appeared T Name f4 of Signero 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. DULCE DANIELLE BARKER Commission # 2099918 �+ Notary Public - California Orange County r My Comm. Expires Feb 12.2019 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. Signature Sign ture 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: . _ Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association - www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 RELEASED Date: Bond No.: PB02497500203 EXECUTED IN TRIPLICATE Signat Premium included with City Clerk the Performance Bond City of San Juan Capistrano, A SUBDIVISION LABOR AND MATERIAL_ BOND (GOVERNMENT CODE 66499.2) KNOW ALL MEN BY THESE PRESENTS, that TNHC San Juan LLC, a Delaware limited liability company (hereafter designated as "Principal'), agrees to install and complete certain designated public improvements more particularly described as follows: Tract 17655 - OLIVA SUBDIVISION - Exhibit D Sewer Improvements 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 One Hundred Forty -Three Thousand & NO/100ths Dollars, ($143,000.00 ) 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. 14-08-19-02 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 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 4th day of March 2015 , 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 liability company By: The New Home Company Southern California LLC, a Delaware Limited Liability Company Shane Wolf, Attorney -in -Fact L {NORTARIZATION AND EAL} APPROVED AS TO FORM: BY Hans Van Ligten, City Attorney NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 ALL- PURPOSE CERTIFICATE OF 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 Los Angeles On March 4, 2015 before me, Susan E. Morales, Nota Public (Here insert name and We ❑ car, personally appeared Shane Wolf who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aye subscribed to the within instrument and acknowledged to me that he/s4eAltey executed the same in his/4@;Ahek authorized capacity(4Q, and that by his/hei-r signature(&) on the instrument the person(s), or the entity upon behalf of which the person(e) 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. �.�ar�wve�,:h;,.?wax• 1n WITNESS my hand and official seal. r � , . ; 930-723 , � �v�r EttaT�F:Y r,.�s�,: - Car_tFORht.►� 2J, 2015 am otary Public Signature (Notary Public Seal) 0 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Subdivision Pay Bond (TNHC San Juan) (Tide or description of attached document) Philadelphia Indemnity Insurance Co. (Tide or description of attached document continued) Number of Pages 3 Document Date 3/4/15 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) p Attorney -in -Fact ❑ Trustee(s) ❑ Other 201.5 Versior ,,vvivi NotaryCasses.--cm 300-873-986-� INSTRUCTIONS FOR COMPLETING THIS FORM This form complies irilh current California statutes regarding notary wording and if needed should he completed and attached to the docrmrent. AckurohredgentsErons other states ma}, be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they- is /are ) or circling the correct forms Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seat if a sufficient area permits, Otherwise complete a difrerent acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer, indicate the title (i.e CEO, CFO, Secretary) • Securely attach this document to the signed document with a staple. 37 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 or the Commonwealth of Pennsylvania, does hereby constitute and appoint: TODD M. ROHM, SHANE WOLF, CHERYL L. THOMAS 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 S25.000,000.ii!! This Power ofAttorney is granted and is signed and scaled by facsimile under and by the authority of the following Resolution adopted by the Hoard of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I I day ofluly, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attorney(s) in Fact and authorize the Attorneys) 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 sue It Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attomey 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 7TI'DAY OF FEBRUARY 2013. 1927 (Seal) Robert D. O'Leary Jr, President & CEO Philadelphia Indemnity Insurance Company On this 7h 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 Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. =PORATHF PENAl9Y LVANIAE 5FALH, Notarycmy� 2016 Notary Public: residing at: (Notary Seal) My commission expires: Bata Cynwvd PA Marc 2016 1, Craig P. Keller, Executive Vice President, Chic Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the hoard 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 Sr., 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 [NSIJRANCE COMPANY, MAR — 4 2015 In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of _ zo Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY 1927 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 ld before me, ALV&eZZ Ate( Date h Here Insert Name and Title of the Officer personally appeared i of Signe 4 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. CULCE DANIELLE BARKER Commission #2099918 Z .p,� Notary Public - California Z Orange County My Comm. E ires Feb 12, 2019 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. Signature Sig tune 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www. National Notary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907