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21-0113_TNHC SAN JUAN LLC_Bond Release Letter32400 PASEO ADELANTO
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SAN JUAN CAPISTRANO, CA 92675
(949) 493.1171
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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
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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
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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
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®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