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22-1223_PACIFIC POINT DEVELOPMENT PARTNERS, LLC_Bond Release Letter (B16-0528)32400 PASEO ADELANTO SAN JUAN CAPIST ANO, CA 92675 (949) 493.1171 (949) 4931053 FAX wwle.sanj uancap)s)rano. org December 23, 2022 Arch Insurance Company 550 S. Hope Street, Suite 2800 Los Angeles, CA 90071-2681 Re: Release of Bonds — Pacific Point Development Partners, LLC To whom it may concern: MEMBERS OF THE CRY COUNCIL TROY BOURNE JOHN CAMPBELL SERGIO FARIAS HOWARD HART JOHN TAYLOR This letter is to inform you that the following bond issued to Pacific Point Development Partners, LLC for Grading Permit number B16-0528 is officially released as of December 23, 2022: BOND NO. PURPOSE BOND AMOUNT SU1143639 Grading Surety Performance Bond (616-0528) $ 89,776.00 The City of San Juan Capistrano hereby fully and forever releases and discharges the Arch Insurance Company from any and all liability under the abovementioned bond number. Enclosed please find the original released bonds. If you have any questions, please do not hesitate to call me at (949) 443-6310. Sincerely, Christy Jakl, CMC Assistant City Clerk Enclosures as noted cc: Thomas Toman, Public Works Director Jeremy Hohnbaum, Senior Civil Engineer RELEASED Date: Signature City Clerk City of San uan Capis raq �CA GRADING SURETY AGREEMENT PERFORMANCE BOND BOND NO. SU1143639 INITIAL PREMIUM KNOW ALL MEN BY THESE PRESENTS: $628.00 SUBJECT TO RENEWAL WHEREAS the City of San Juan Capistrano ("City") and Pacific Point Development Partners LLC ("Principal"), have executed an agreement for work consisting of, but not limited to, the furnishing of all labor, materials, tools, equipment, services, and incidentals for all grading and installation of related improvements for B 16-0528 Tract Map No. 16751 ("the Work"); WHEREAS, the Work to be performed by Principal is more particularly set forth in that certain Grading Surety Agreement dated , 2016 ("Agreement"), which Agreement is incorporated herein by this reference; and WHEREAS, Principal is required by the Agreement to provide a good and sufficient bond for performance of the Agreement, and to guarantee and warranty the Work performed thereunder. NOW, THEREFORE, Principal and Arch Insurance Company as surety ("Surety"), a corporation organized and existing under the laws of the State of Missouri , and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City in the sum of Eight Nine Thousand Seven Hundred Seventy Six dollars ($89,776), for which amount well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such, that if 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, agreements, guarantees, warranties and provisions in the Agreement and any alteration thereof made as therein provided, 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 intent and meaning, and shall indemnify and save harmless City, its officers, employees, and agents, as therein stipulated in the Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby, and in addition to the face amount specified therefor, 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. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement, or to any plans, profiles, and specifications related thereto, or to the Work to be performed thereunder, shall in any way affect its Grading Surety Agreement, Permit 6816-0528 Crystal Downs North Models Page 8 of 10 61147.02100114215513.2 obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Agreement, or to the Work or to the specifications. IN WITNESS WHEREOF, the seal, if any, and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attomey-in-Fact at Tampa; FL -,this 3rd day of January. 2017 Pacific Point Development Partners LLC Arch Insurance Company Principal � Surety By: �i�� By: A4% 40& Q. Authorized Signatory Att ney-in-Fact Philip S. Bodem Margaret A. Ginem (print name) (print namc)10 Willis of Florida, Inc. 4211W. Boy Scout Blvd., Ste, 1000 Tampa, FL 33607 Inquiries: (813) 28fr2095 NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF ATTORNEY TO LOCAL REPRESENTATIVES OF THE SURETY MUST BE ATTACHED TO THIS BOND. Grading Surety Agreement, Permit #1316-0528 Crystal Downs North Models Page 9 of 10 61147:02100\14215513.2 ACKNOWLEDGEMENT BY SURETY STATE OF FLORIDA COUNTY OF HILLSBOROUGH I SS. On this 3 d day of January, 2017 before me, personally came Margaret A. Ginem, who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within Instrument as Attorney -In -Fact on behalf of Arch Insurance Company, and acknowledged to me that he/she executed the within instrument on behalf of said surety company and was duly authorized to do. In witness whereof, I have signed and affixed my official seal on the date in this certificate first above written. Signature `, &I Cl Eileen . Heard �rpi�;:ry t E"EN C. HEARD .j Commission tl FF 163460 ?gP ROSS October 22, 2016 Jf„,\ � BaAtllluuTmrfinlvuuxe800�95.]0�8 This area for Oficial Notarial Seal 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 January 5, 2017 before me, Rebecca Nall, Notary Public (insert name and title of the officer) personally appeared Philip S. Bodem , 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. ------------------- REBECCA NALL WITNESS my hand and official seal.Commission # 2115349 1 -a Notary Public - Californiai Z Orange County M Comm. Expires Jul 11, 2019 Signature (Seal) AIC 0000164966 THIS POWER OF ATTORNEY IS NOT VALID UNLESS ITIS PRINTED ON BLUE BACKGROUND. This-Powerof Attorney limits t e actsi; f those nam�edl�hereln, and they have no audi6rl yTo,bind the Company.-except7n the'—",v`r _-,rnannerandrto the extent here�n stated:' Not.validttor Mortgage, Note_, Loan_, Luer of Credit, Bank Depos+t,Cunency Rate, ` - Interest Rate or Residential Value Guarantees. s POWER OF ATTORNEY lirk • I _ � �now All PersonssBy These Presents - 1;-tl That the. Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having Its principal administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company") does hereby appoint: AnettCardmale Brandy Batch, David H: CarraEileeniCrjHeard and MargaretA:'Ginerrof Tampa, FL (EACH) its true and lawful Attorney(s)in-Fad, to make, execute,, seal, and deliver from the date of Issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds, undertakings recognizances and otlivsc surety obligations F he penal sUm pot elxceeding yNrriety Million'.Dollars ($90.00000000 Thts authority does not permit the same obligation to be split :into two or more bonds In order to bring each such bona wdhin the dollar limit of authority as set forth herein. The executiori-of.such bonds, undertakings recognize,noes and other surety obligations In pursuance of these presents shall be as binding uporofiie%said Company ias,lfully( and amp�'41tyo.,.all intents and -purposes as if -the -same had been -d'uly executed 'and acknowledged. by -its regularly elebteds;officerstat Ite�,pl'.Incipal6adminislrahve office"in Jersey City: New -Jersey Lj This Power of Attorney Is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on September 15, 2011, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect q VOTED That the Chairman of the Boa rd'_tt0Prastdeht 9r the Executive Vice'SProsldent,Fo'r any; Senior Vice Preslden oCthe SUN ,-- -T 'Business^^Division, or their appolnleesadesignated=ln writing and filed with �th!,CSecretary`� ortthe Secretary shall-hqvr_ hetowerand authority to appoint agents and attorneys -in -fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surety obligations obligatory in the nature thereof, andany such officers of the Company may appoint agents for acceptance of {JJ -- I )rli li �l �i 3 1 I y $t, .: - Tits Power ofiAtfomey is signed sealed and -Oe' ifled'by,jfacslmile undecan %FF ufhonty=of the_following resolution -adopted by theme v unanimous consent of the Board .of blreictro s of the Company on September i5r2011: VOTED, That the signature of the Chairman of the Board, the President, or the.Executive Vice President, or any Senior Vice President, of the Surety Business Division or their appomtees-designated In writing and filed with the. Secretary, and the signature of. the Secretary, the seal of the Company, and`certiflcabonspy`the Secretary, may, ie gel od�by, facsfn�ile on any power o€�ttotney orliond executedpursuantto the resolution adopted_by jh&idoartl of Directors p`n S ptembe�i 15 t2011,�`and any such power so eXe_culad _ `-'sealed anis ceNfied with respect to --any bond o� undertaking to which It Is at ached, shall continue to be valid ane -binding upon the - Company. i ,..1 < 1 Vit• �., ''Itj k,I t " OOML0013 00 03 03 Pagel of -2 Printed in U.S.A. tf