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23-0608_PACIFIC POINT DEVELOPMENT PARTNERS, LLC_Bond Release Letter30448 Rancho Viejo Road, Suite 110 San Juan Capistrano, CA 92675 (949) 493-1171 (949)493-1053 Fax www. SanJuanCa pistrano. org June 8. 2023 Sompo International I Surety Attn: Cody Green, AFSB 12890 Lebanon Road Mount Juliet, TN 37122-2870 Re: Release of Bonds — Pacific Point Development Partners, LLC To whom it may concern: MEMBERS OF THE CITY COUNCIL: Troy Bourne John Campbell Sergio Farias Howard Hart John Taylor This letter is to inform you that the following bonds issued to Pacific Point Development Partners, LLC for subdivision improvements with Tracts 16752 are officially released as of June 7. 2023: BOND NO. PURPOSE BOND AMOUNT SUR21000007 Street Subdivision Improvements Tract 16752 $ 986,932.00 SUR21000009 Storm Drain Subdivision Improvements Tract 16752 $ 71,118.00 SUR21000019 Monument Subdivision Improvements Tract 16752 $ 38,500.00 The City of San Juan Capistrano hereby fully and forever releases and discharges Ironshore Indemnity, Inc. from any and all liability under the abovementioned bond numbers. Enclosed please find the released bonds. If you have any questions, please do not hesitate to call me at (949) 443-6310. Sincerely, i Christy Jakl, CMC Assistant City Clerk Enclosures as noted cc: Thomas Toman, Public Works Director Jeremy Hohnbaum, Senior Civil Engineer Justin Inducil, Engineering Technician RELEASED Date: V,YLL Premium: $7,402.00 Signature: City Clerk City of San Juan Capistran , 'S'UBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.2) Bond No. SUR2100 0 007 Replaces Bond No. SUR20000342 KNOW ALL MEN BY THESE PRESENTS, that Pacific Point Development Partners LLC (hereafter designated as "Principal"), and Ironshore Indemnity Inc. , as Surety (hereinafter called "Surety") agree to install and complete certain designated public improvements as conditioned by City Council Resolution No's. 92-6-16-4 and 03-09-16-06. WHEREAS, said Principal is required to furnish a bond pursuant to Municipal Code Section 9-5.101 and 9-5.109 et seq., for the faithful performance to guarantee certain work, more particularly described as follows: Street subdivision improvements within Tract 16752 as defined within Amendment #1 and Reinstatement of the Subdivision Improvement Agreement for Tract 16752 NOW, THEREFORE, we, the Principal and Surety are held firmly bound unto the City of San Juan Capistrano, (hereafter called "Obligee") in the penal sum of Nine Hundred Eighty Six Thousand Nine Hundred TNrty Two Dollars and 00/100 Dollars, ($986,932.00 ) 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 improvement obligations within the fully executed and recorded subdivision improvement agreement, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Page 1 of 3 BE IT FURTHER RESOLVED: rI1gI.J v;J 1. As a part of the obligation secured hereby, and in addition„tc,,the;face. } amount specified, 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, 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. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal herein named on the 19th day of May 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. PRINCIPAL: Pacific Point Development Partners, LLC By: \ �, Its: SURETY: Ironshore Indemnity Inc. By: Margar A. Ginem , Attorney -in -Fact CIO VALLIS OF FLORIDA Surety Phone No, 4211 W. BOY SCOUT BLVD, #1000 TAMPA, FL 33607 INQUIRIES: (813)281-2095 Page 2 of 3 (NOTARIZATION AND SEAL) (NOTARIZATION AND SEAL) APPROVED AS TO FORM: 0 NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 '. LIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 JA 'Ki.Nfi<�n< i. "pKwNwt/ tiC!ri< [ .i �•(. [•qt. ,v1en ert(t!nNr:/q(. q[2�nr.K�.vNnA( 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 Califomla V ) County f ) On before me, 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(les), 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. W. CORDI commission N 2080325 _ •e Notary Public - California Z Orange County M Comm. Expires Oct 31, 2018 It 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 Signature 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: Signer(s) Capecity(ies) Claimed by Signer(s) Document Date: Other Than Named Above: _ Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: •/a« ..[:� ^'way.-' • ru O 1 • • • • •'• civV •L ACKNOWLEDGEMENT BY SURETY STATE OF FLORIDA COUNTY OF HILLSBOROUGH I SS. On this 19`h day of May, 2015 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 Ironshore Indemnity Inc., 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 writte . Signature Anett Cardinale ...M,� ANETT CARDINALE . Commisslon � FF 138482 s• +p Explres July 28, 2018 uyrt eeu,aes wuw,aowssro;o This area for Oficial Notarial Seal �Sbmfe till t'O - 0, aubdffds_ $Oc4blig IA 80 abla. 119$ of OVILto& and gectivii 'M of the QbW.Mr4eril.Codc; tcja6ngqq pliYMriiT form at q ilie-i1W. di�qjos&e IPOcqjs�qexample�-ibr- T ­ pmpqses il usjratjpp. Ukc of other 6ffidcf 60fojw* lngtW: certifibafivedfies only, the identity of the inifimid.ual vilia.'slgilcd the dOA'utnm'it.td IN' ,certificate. is at.ta6bed, and not -the Irdilffulness, Ac6ftooy, o; valldity Of fbq(-46cupicrij, 8tqtd qf (;-ilifb_mi4 .Q.5unty. 6f _ Oil beffird ine, ihsert name andlitle of-officc!j,*,Pemonplfy appeared pfqy.pd �ro.M� otl0d:b.g.is of�,Atisfa[ctoiy.cyjdpidb to pmorri(i); whosq hqnjeW Js'**kS'q&ieiI:tji -M;trumeaand acknowledged to me -'that: helshelthey executed iho.same.lir His/her/their aK*.'qjgh,g'paciiy(j' p4), gtid ;t qa:tfie. li'simfno-nt' -or. tlie- .e4tity 6pj)A 6&alf ofwOfch'the per' �*s).kled: pdcite_d th eins truiu6at patify. viler. 'PENM;�-. 09 REA'AAY hider the jaws pt the. Stitd. 6;r uliortilla that the' rdibgdrig, parawaph'ib true ana'mrred- WUNESS *..bkd and,(5ffidhl- seit, Sgpatdrg (Seal w-21000007 Ironshore Indemnity Inc. KNOW ALL MEN BY THESE PRESENTS, that IRONSHORE INDEMNITY INC., a Minnesota Corporation, with its principal office in New York, NY does hereby constitute and appoint: David H. Carr, Anett Cardinale, Margaret A. Ginem its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of IRONSHORE INDEMNITY INC. on the 22" a day of April, 2013 as follows: Resolved, that the Director of the Company is hereby authorized to appoint and empower any representative of the company or other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of Indemnity or other writings obligatory in nature of bond not to exceed $7,500,000 dollars, which the Company might execute through its duly elected officers, and-afnx the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be as binding upon the Company as if they had been duly executed, and acknowledged by the regularly elected officers of the Company. Any Attorney -In -Fact, soappointed, may be removed for good cause and the authority so granted may be revoked as specified In the Power of Attorney. Resolved, that the signature of the Director and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it Is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, IRONSHORE INDEMNITY INC. has caused this Instrument to be signed by its Director, and Its Corporate Seal to be affixed this 7 th day of August, 2013 IRONSHORE INDEMNITY INC. By: a5ws Director ACKNOWLEDGEMENT On this 7th Day of August, 2013, before me, personally came Daniel L. Sussman to me known, who being duly swom, did.depose and say that he is the Director of Ironshore Indemnity, Inc. , the corporation described in and which executed the above Instrument; that he executed said instrument on behalf of the corporation by authority of his office under the Bylaws of said corporation. i /�\,� wxYLTAYLon l -d e; mm� P,Nm. muco ortvnn..><v / ... Orvlamncwnry Amy l TeyY uvcummissmne.oin.mao-,a Notary Pu ciet�Y �.•' CERTIFICATE I, the undersigned, Secretary of IRONSHORE INDEMNITY INC., a Minnesota Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing Is a true and correct copy, is In Tull force and effect and has not been revoked and the resolutions as set forth are now In force. Signed and Sealed at this tem Day of May 2015 p oe�otii! ItIE 1) V Paol S. Gl .dano Sevetary "WARNING: Any person who knowingly and with Intent to defraud any Insurance company or other person, (Iles and app licall,n for Insuranceor statement of claim containing any materially false information, or conceals for the purpose of misleading Information concerning any fact material thereto, commits a fraudulent Insurance act, which Is a crime and subjects such person to criminal and civil penalties." IRONSNORE INDOMNIIY INC FINANCIAL STATEMENT SUMMARY k of December 30 2014 ASSETS P,elened asides Commonvarkl Mod84e lams eO rW Cobra. Mt Len Mortlate ban on rand esatc W than Poet rem Properties Consoled by the omp4ny PmpCM. held for IM produ[6on oft noon, PmperdnlNddforsa'! Cash ash e,,uMalmb and Chat We, IOvesrmenb Contort loam Dervatlwa Other Invested onets ReWveblete issoesd. SecudBes Indfin FoloyHad rolbteN oven AppraOte vnNNn fm(nrested even Suatoah. mAandlnvestM Covets Tide Pbnts kers Sw Charl ed Coif Inmtmem Iname due and bowel Uncollected p rout s and ager' Mlalxn In the mores of Cont elon Warned premlume, mar' balanm and Imblments booked but deferred and not Yesdw A" rehosped/ve prerr4pma A Cnb remvese 14.1. mlmunxa Fundi held by on deposited MM rehnurnico npardes Other amounts readable under relmrar mContraeb Amar noabah a Madry b w1murad plans Current federal and twellnlveme rax raoorenble and Interest thereon NndNmedameet Guaranty NO, raaWbk or on depmt FarNara and lBulp.ent, Irldudlq halt ore delivery alvls Na adjmm t M assets and BablOdn Out w fore{n exchange rata ReaMblH bens parent, nbsk0tdn and offal Nealth are and other amour readable AWnabvnmC4ns feather Men Mvated used Total aunts esdudln{ Sepante An unb, Se8leaad Aoounts and Pwteeted Cat Aeeounts fmra Se,u rste Aomunts, Seregated Aca>Tnts and Protected Cell Aaoona 0 UABI=n 0 S179,M947 Lou" $63,MZAG 0 Rdneunrce payable an Pald bon and fuss.4lument vmm,. 0 31,940141 Ina adAnamnt uoenu $]o,Sn,9S7 0 fbmMsolms Payable, MOn2ent anmissi0en and othvehnPr dmMa $1,020905 0 Met wpm"(escendlrq saves. Rnmes and fees) 0 ran, NCOOCO% and rees(fadudmg (-de-land fral8n lrm anal $ssb,ell]3] 0 fanamtfederYand laelBn hloomaam $1431,392 0 MR desemdtn Nbltlty 0 $15,631951 Untamed premluu , $29,158,576 0 Atlnw premiwn 0 Cede d re2m4uxt premum? Parable Ines of ewbrgmmmhsbnsl 5381221187 0 Punds MM by mmpam/underreksurana tm.Ln 0 0 MMAU MMhtld or retalned by eompwty for account of when 0 Famltt.lasandltemsnu eliwtml 0 Profula forrelmunna $1}85.075 5216,614,039 Hat djultreenn Masses and LaM011es due wfslp arAan{e rtes 0 Onlaouhandln{ $990960 Payable b parent subsidiaries and ere 1.1as $11454310 $73,567,547 o teyw, 0 0 Payablefersear8les 0 0 Payableforseambnlendln{ 0 $33,596,257 Da1,19tyforamounta held underwlmaed plans 0 0 A99regatewdtHm for llabllnes $4,193,919 0 TwlRa1,1116es adudlM prolexted Call labylOes $190,811151 0 ProtnW al lbblAUes 0 $5,530,937 Total 9ea1elH $ssb,ell]3] 0 0 MUC11101DEW5 SURPLUS 0 AQTrnalevmte4m forspechl tumhn funds 0 D 0 COmmmaNlalawck S.000m0 $7,124971 Prdrnedoplblstml, $317,414,611 A99rgatevadW m forether than special surplus 0 D Sumlu Notes TGTALS $30,414,611 Gmap ldhandomobutedsurplu CERTIFICATE teefnfy Mat the amve flmntlal sruements to Ore Mslof my Irwrkd{eeree true and aaunte rellestlmof Me financial o7nditbn W Me ComPauY a of Deeember3l, lou. AOdNondty, I certNythel Me above Onmdd sahmenb Cora In agreement MM Me Satubry anmdal Statements filed MM us, Texas Dep Arnent of Inwarxe as of the Come date, "Mam1Gleawn M YPATre n,fel, SIS6,931,671 Onaslgrddfundstwmkny ($5,331,1901 Sumw aareeardsp*ICyMlden SZSIM3141 TOTALS S347A14,611 SUBSCAI9FOandawmomelNsYrdryol///f� ]Ujtj My—mn,ane,rOn 7•yU �/(( NotaryPubllc Plead Name ALYSSA TURKOVITZ N01sry Public, State of New York aLyssATURFDvIrz _ No. OITU6044514 j )• • — - ,/ Qualified In Westchester County 6 y io v! < /i✓I ce 11, jl> Commieelon Expims July 10, 2010 NotatQPudlf, Sam of Naw York No,017U6o44514 QualMed In WastMesler County Canmisdon Faplm lull 10, 2014 RELEASED Date: City Clerk City of San Juan Capistrano, (GOVERNMENT CODE 66499.2) Bond No. SUR21000007 Replaces Bond No. SUR20000342 KNOW ALL MEN BY THESE PRESENTS, that Pacific Point Development Partners, LLC (hereafter designated as "Principal"), and Ironshore Indemnity Inc. as Surety (hereinafter called "Surety") agree to install and complete certain designated public improvements as conditioned by City Council Resolution No's. 92-6-16-4 and 03-09-16-06. WHEREAS, said Principal is required to furnish a bond pursuant to Municipal Code Section 9-5.101 and 9-5.109 at seq., for the faithful performance to guarantee certain work, more particularly described as follows: Street subdivision improvements within Tract 16752 as defined within Amendment #1 and Reinstatement of the Subdivision Improvement Agreement for Tract 16752 NOW, THEREFORE, we the Principal and Surety are held firmly bound unto the City of San Juan Capistrano, (hereafter called "Obligee") in the penal sum of Nine Hundred Eighty Six Thousand Nine Hundred Thirty Two Dollars and 00/100 Dollars ($.986,932.00 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, shal 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's. 92-6-16-04 and 03-09-16- 06, 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 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. Page 1 of 3 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, this instrument has been duly executed by the Principal herein named on the 19th day of May , 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. PRINCIPAL: Pacific Point Development Partners, LLC BY: Its: SURETY: Ironshore Indemnity Inc. (NOTARIZATION AND SEAL) (NOTA By: RIZATION AND SEAL) ?na��� Q ���n� MargaAA. Ginem Attorney -in -Fact d2111 V8oYSCOF FLORIDA L O IDp�Ap Surety Phone No. TAMPA, FI.33607 M, iNaUIRIEs: (813)281-2095 Page 2 of 3 APPROVED AS TO FORM: 0 NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 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 V! UU I personally appeared before me, St4pre I seri Name and .P Name(s) of Signer(s) OHlcer who proved to me on the basis of satisfactory evidence to be, the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacltyQes), and that by his/her/theirsignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. W. CORDI _ Commission -#-20-88-32-5- T 2088325z Notary Public -California z ' Orange County My Comm. Ex fres Oct 31.2018+ 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. �,II,I.1 IrII Signature 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(fes) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee D 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: o r .„ .v :rr • :rr •r ACKNOWLEDGEMENT BY SURETY STATE OF FLORIDA COUNTY OF HILLSBOROUGH I SS. On this 19th day of May, 2015 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 Ironshore Indemnity Inc., 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 writte Signature Anett Cardinale ,a+afJy ANETCARDINALE CommTsslon#FF 138482 -X Ezplres July 28, 2018 14. �$ s,�e.emN.ariwiN�.wwoaeemie This area for Oficial Notarial Seal lftAtiu 100, 4rll&fya$eCitioli§-1,199 t4l.a dwittodt. and 8ectio-11 9-1&-bf I& Goer ent.dode;.relatmg to nOi.4nes.'PAbjft;, ph ca`L form 3kqqcq-j§.-P. eXWPIDOfprpi.uppsq OriRusjxatim- 41h6taty, PU�jir of other 6fid '; - , .. ef 6oiOpiAtIinb,;tjd.$: cerfifibafi vetifies.only the id.6ntity'6f the ' WApMqnL ind�l 'Iduai Y�hQ. kipedthe do " to : ilailf . . .. wl .certificate. is atia6hed, and not the tr�fhfulnoss, Acbullpby. of Validity Of t af-c oeupienT. `tate giC,'aliforoia - C.aunty. of on fi&w .ibsert hainc­and'title 6fofficcr),.personally pppe40 pihq pfpy.p4 jo..W.r oo-the .basis: ofl.a' '4"U V6np—n(&), 4o-��fiatpe(�) �ls/4r� sAgd �Afaetory-cvjdpjdb to sl t ,16. *AU -F6trumcnt: and acknowledged to nm'that: helshelthey, executed the same;ln-.Ifisiediheir I-Atity, 6p4 6&ofWich'thb fe d ekdaile'd thcin'strmuent p=g.raph is true and'correct WITNESS fty-fiAnd 4hd.6(rici ait snit: 99 Afar.e. III- 21000007 Ironshore Indemnity Inc, KNOW ALL MEN BY THESE PRESENTS, that IRONSHORE INDEMNITY INC., a Minnesota Corporation, with Its principal office in New York, NY does hereby constitute and appoint: David H. Carr, AnettCardinale, Margaret A. Ginem Its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority Is made under and by the authority of a resolution which was passed by the Board of Directors of IRONSHORE INDEMNITY INC. on the 22"a day of April, 2013 as follows: Resolved, that the Director of the Company Is hereby authorized to appoint and empower any representative of the company or other person or persons as Attorney -In -fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $7,500,000 dollars, which the Company might execute through Its duly elected officers, and affix the seal of the Companythereto. Any said execution of such documents by an Attorney -In -Fact shall be as binding upon the .Company as if they had been duly executed and acknowledged by the regularly elected officers of The Company. Any Attorney -In -Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified In the Power of Attorney. Resolved, that the signature of the Director and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, IRONSHORE INDEMNITY INC has caused this Instrument to be signed by its Director, and its Corporate Seal to be affixed this 7`h day of August, 2013 IRONSHORE INDEMNITY INC. By: Dane L.Sussn n Director ACKNOWLEDGEMENT On this 7'h Day of August, 2013, before me, personally came Daniel L. Sussman to me known, who being duly sworn, did depose and say that he Is the Director of Ironshore Indemnity, Inc. , the corporation described in and which executed the above Instrument; that he executed said Instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. RdKtl ni Nebry Puree CERTIFICATE I, the undersigned, Secretary of IRONSHORE INDEMNITY INC., a Minnesota Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at this 191h Day of May 2015 ,id'.oyy tt tom. ,1 Pdels.GI dam Secretary "WARNING: Any person who knowingly and with Intent to defraud any Insurance company or other person, files and application for insurance or statement ordains containing any materially false Information, or conceals for the purpose of misleading Information concerning any fact material thereto, commits a fraudulent Insurance act, which Is a crime and subjects such person to criminal and civil penalties." nrm�innoa fi ^^i i ea.y Puena sm�e ar."nvvttv o..Wwncwnir i,2'�...fe,. Nr cw..x.umr�v�..oeasre RdKtl ni Nebry Puree CERTIFICATE I, the undersigned, Secretary of IRONSHORE INDEMNITY INC., a Minnesota Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at this 191h Day of May 2015 ,id'.oyy tt tom. ,1 Pdels.GI dam Secretary "WARNING: Any person who knowingly and with Intent to defraud any Insurance company or other person, files and application for insurance or statement ordains containing any materially false Information, or conceals for the purpose of misleading Information concerning any fact material thereto, commits a fraudulent Insurance act, which Is a crime and subjects such person to criminal and civil penalties." FMANCIAL STAT E MTNT SUMMrlWf N of December 3;1014 ASSETS Pnfarcdslods Coln ren curia lAar0}e[elmns en reN atsfe.Ant lens M.Maleloena on ml nU W ODrlthan Ont Bem pmpemm rsmupled by the company P.Pettla hold for U. productional nmrne Pmper6"hddf,ru:e Cash. mha Wwhandihor(.lerm 1,estusnts Cmimt lam OerMtivn Othofmnted arab Rccel"blal"resUltla Setudde, lending rdmYated tethtew assets A4Rrepte wd1Nm f.nlmated Suets Subfobls.mh andInvaded abets Tide plants Iw $,, Charyedorr InvesuneM Income due end eapucd Uncollated prerlrums and alents'balanm In the count of m0totlen Dderted pnnW..;'prams' Manta all WbVmenb booked butdderted and not yecdue Mruved nborpedhe Dr.Mums A .Ur..beefr.nrdnsuraa Fulls held by or depended MM teimmed mmpsolea Otho amounts r.Mbla under mtnmm. contracts ArevpuMa revMbe Wkft wwlm.NDlaa Current fedml and ferellnlm.ne Us recoverable and Interest thereon Netddemed tss assN GMnnrytwaa rwMbM a m depxlt furnitureall eyulpmen%["eluding health are 147assete Net adjustment In aleft and Ibb16da lu. t. huar neschange farm R"ebnbles from parent, s W sldades and a011bbt Health .,.and orb" ameonh radnble Aggravate vn6e4na(..the, than Invested ass"s Total auN "dud" Separate Ao o.nb, 5grmtN Acmwts and Protected Cd. Aaeunts From Sepann Accounts Seam.led Acmrmts and Proteded Cell Aacunts 0 Sumlur Na" TOTALS SN],414,611 Grotapaldlnendrmtnbutadsurpla 11 cFRnfta7l I carufy taut Ne above flnmdal sbtemenb b the bat el my kn wLed6e area truemdamunte raOeAonofthe nnasclal condilbn ot the Company., of December 3; 2014. MdlUondry, I eett1s, thea the above Mendel abtements am In agreement MU the Sbmmry Mendal Statements filed with the Te.us Department of Imm.rre as of the tame date W911amJdees.n gQ VPd Tre1'wer $63,562,066 0 $]6,364,95] $;dtgeos $5,433,126 $1,363,909 $;434,393 0 $19,136,576 $58,12;187 0 "5.075 $12.454310 0 0 0 0 $4,185,916 5190.811,132 $190,811,231 0 5,000,000 0 $156,936,6]1 unaalgnad funds (surplus; UNNUTIES $179,140,947 cora Q ROImunmot P"le on Paid bran and lora adlul""te,ptnta 31,BOQ.141 lm WjusPnent expamn 0 Cmm�lsiem payade, mnunlent mmmlulons all otheraMtler chart" 0 Other CXF m"("d-dInt taxa. Ilamet and fen) 0 Tua,&eneaand fees(auludmt federal •rd f.eltn lm.ne us.) 0 current federal and Am], lomma Was 0 Nn deferred! tssfhbiliry $15,63;951 Uneamndpremlans 0 AdvencepnMum 0 Carter! role—Pramlums PaYible(n" of ceder, oainmissl",j 0 Fund. held b/ mmpalrl' underreYmear ematin 0 A211amts v4lhMtd of retained by mmparry fee am.unt of oWN 0 P.Mlbma aid "ams net tllobled 0 Provblen forrelmunha $236,614.039 Nnadnetments lnsuets and lablWes due teferN6n amaan,.m. 0 Wksgutsbndinb $994960 Payable t4 perntsubrldief. MsMN"a $73,567,547 parMdta 0 Payablofasecurnes 0 Payable for securl6a lendlnp $33.584357 11111, for ammnts held underwlmurad clam 0 Algnag".VMUAm foe 0ab3pla 0 Total 11ab111U. evtludly protected mO lhhUm" 0 Pmtcwd ce61Nb1111es 0 $5,530,a37 Tubi Rahlifn 0 0 POLMYNMDWS SURPLUS 0 Annn.t..I.Ur WspechlaurplS funds 0 0 ummonaplAsteck $7.124,971 prd"red oplblsbdr $347,414,611 AgreBmewdtHm for other than apab l surpl. 0 Sumlur Na" TOTALS SN],414,611 Grotapaldlnendrmtnbutadsurpla 11 cFRnfta7l I carufy taut Ne above flnmdal sbtemenb b the bat el my kn wLed6e area truemdamunte raOeAonofthe nnasclal condilbn ot the Company., of December 3; 2014. MdlUondry, I eett1s, thea the above Mendel abtements am In agreement MU the Sbmmry Mendal Statements filed with the Te.us Department of Imm.rre as of the tame date W911amJdees.n gQ VPd Tre1'wer $63,562,066 0 $]6,364,95] $;dtgeos $5,433,126 $1,363,909 $;434,393 0 $19,136,576 $58,12;187 0 "5.075 $12.454310 0 0 0 0 $4,185,916 5190.811,132 $190,811,231 0 5,000,000 0 $156,936,6]1 unaalgnad funds (surplus; [55,335,150] S.W. as moulds pollgh Idem $]56,60;461 TO7At5 $347.414.611 9UBSCRIBEOandswornIomaIHse[AdiTol��y; Pjj MYmmn[taen esprn: 7 /dam/Y Notary Public printed Neme ALYSSA TURKOVITZ Notary Public, State of New York ALYSSATIIRROVITt No. 01TU6044514 Ouellfied-In Westchester County r Core BPires July 10, 2018 Noter1.OLbil4Sto mNewyorY No.0111150M514 QuanRed In Westchester County CeremdtdOn 2splma Jut, 10,2014 RELEASED Date`. 2 Signature City Clerk ` City of San Juan Capistrano, CA Premium: $533.00 SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.2) Bond No. SUR2100DO09 Replaces Bond No. SUR2D000343 KNOW ALL MEN BY THESE PRESENTS, that Pacific Point Development Partners LLC (hereafter designated as "Principal"), and Ironshore Indemnity Inc. as Surety (hereinafter called "Surety") agree to install and complete certain designated public improvements as conditioned by City Council Resolution No's. 92-6-16-4 and 03-09-16-06. WHEREAS, said Principal is required to furnish a bond pursuant to Municipal Code Section 9-5.101 and 9-5.109 et seq., for the faithful performance to guarantee certain work, more particularly described as follows: Storm Drain subdivision improvements within Tract 16752 as defined within Amendment #1 and Reinstatement of the Subdivision Improvement Agreement for Tract 16752 NOW, THEREFORE, we, the Principal and Surety are held firmly bound unto the City of San Juan Capistrano, (hereafter called "Obligee") in the penal sum of Seventy One Thousand One Hundred Eighteen Dollars and 0/100 Dollars, ($71,118.00 ) 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 improvement obligations within the fully executed and recorded subdivision improvement agreement, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Page 1 of 3 -i J -J i 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, 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. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal herein named on the 19th day of May , 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. PRINCIPAL: Pacific Point Development Partners, LLC By: 1L— Its: `�.1k�d��2cJd S:gnh�o�h —�_ SURETY: Ironshore Indemnity Inc. By: Margaret . Ginem , Attorney -in -Fact 010 WILLIS OF FLORIDA Surety Phone No, 4211 W. BOY SCOUT BLVD, tt1000 TAMPA, FL33607 INQUIRIES: (813)281-2095 Page 2 of 3 (NOTARIZATION (NOTARIZATION AND SEAL) (NOTARIZATION AND SEAL) APPROVED AS TO FORM: M NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDOMENY 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 ofCalifornia ) County of f, ) On I before me, Da a J In ert Name and Title of the Officer personally appeared Ph/ h �� �J . 21.�/M 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 capacityCies),.and,that by his/her/their signature(s) on the Instrument the person(s), or the entity jupon behalf of which the person(s) acted, executed the Instrument. W. CORDI Commission # 2058325 z -o Notary Public - Cxlllornla z ' • Orange County My Comm. Expires Oct 31. 2018 rte+-ti+ro 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 A40 l.Pit ( Signature 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(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 ❑ Attomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: @2014 National Notary Association • www.NatlonalNotary.org • 1 -800 -US NOTARY (1-800-876-6B27) Item tf5907 ACKNOWLEDGEMENT BY SURETY STATE OF FLORIDA COUNTY OF HILLSBOROUGH I SS. On this 19th day of May, 2015 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 Ironshore Indemnity Inc., 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 Anett Cardinale :ed,4 CNETTCARDINALE ommission # FF 138482 Expires July 28, 2818 Um -di im i4b,.w, 800]95.1010 This area for Oficial Notarial Seal £6W13M 1 0, arh d --904,Eo , . IA 0 Wa 119 * ` R g. .0 dif. -'_Sections. CoSeartag -102-oflfia jQb.WrM.O-tCba6'j felafing-jo. .01o, 6 q sur A hbfA.1y. j.Mbjic of other 6ffidef 60iVAtinw th . a cerfi�it*�*at-cr'i,crifies.onlythe idbntity'6f the jncH.vduai Who'sigied, the d6Ntnqnt.w WfiIdfv -thM certificate.Is attached, and not the trdthfulnesst Ar,olraCy; orv44.ty pf twOolinient. SiAtd -.I?f C-ajifo.rbia. Oil . - .,bvf6rdfne,.,, . fidw :ifiseit D'ai6'antf title U officcivpersonally appcared proved ti} }[i, oq [he basis, of atistactoty.:eVide'r ce in b `tGe,':person(s)' Whose i anic(s) is/�tl suh}qribed:tfx jli6.*itlun"-1&6uinent:and' ackno)vledged-to,me-'that:hdshelthey excouted ibe.samw'ln-.TI-Aerltheiz Ad -.4gt by. vjl,tfie W&Pinom 1J4 -vason of the: entity opsit. behalf of w;Wji;h'tfib_fd vk 6cxfledth5"-iftstruiu6nt parag.m'l3h-j's true and -correct WNNESS ii&..fiAnd AhApffimhl- saL. (Seal) m III- 21000009 Ironshore Indemnity Inc. KNOW ALL MEN BY THESE PRESENTS, that IRONSHORE INDEMNITY INC., a Minnesota Corporation, with its principal office In New York, NY does hereby constitute and appoint: David H. Carr, Anett Cardinale, Margaret A. Ginem its true and lawful Attorneys) -In -fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of IRONSHORE INDEMNITY INC. on the 22°d day of April, 2013 as follows; Resolved, that the Director of the Company Is hereby authorized to appoint and empower any representative of the company or other person or persons asAttorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory In nature of a bond not to exceed $4500,000 dollars, which. the Company might execute through Its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -in -Fact shall be as binding upon the Company as If they had been duly executed and acknowledged by the regularly elected officers of the Company, Any Attorney -In -Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified In the Power of Attorney. Resolved, that the signature of the Director and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary, and the seal,of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which It is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, IRONSHORE INDEMNITY INC. has caused this Instrument to be signed by its Director, and Its Corporate Seal to be affixed this 7th day of August, 2013 IRONSHORE INDEMNITY INC. i� Seti.a t'f eua 7; By. DaATeT_L.Suss'M1rn Director ACKNOWLEDGEMENT On this 7" Day of August, 2013, before me, personally came Daniel L Sussman tome known, who being duly sworn, did depose and say that he is the Director of Ironshore Indemnity, Inc. , the corporation described in and which executed the above instrument; that he executed said Instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. i'' uta Amy 1. Ta NearyP c CERTIFICATE I, the undersigned, Secretary of IRONSHORE INDEMNITY INC., a Minnesota Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as setforth are now In force. Signed and Sealed at this 191h Day of May 20 15 i . aur un PAUIS.Gi dam Sauetary "WARNING: Any person who knowingly and with Intent to defraud any Insurance company or other person, files and application for Insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading information concerning any fact material thereto, commits a fraudulent Insurance act, which is a crime and subjects such person to criminal and civil penalties." AMY YAYLOR PuglbalabWalhmessee +� � z 'yat�..,, oMew.Counry Nreuivnlaaon .' fapm01A41a Amy 1. Ta NearyP c CERTIFICATE I, the undersigned, Secretary of IRONSHORE INDEMNITY INC., a Minnesota Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as setforth are now In force. Signed and Sealed at this 191h Day of May 20 15 i . aur un PAUIS.Gi dam Sauetary "WARNING: Any person who knowingly and with Intent to defraud any Insurance company or other person, files and application for Insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading information concerning any fact material thereto, commits a fraudulent Insurance act, which is a crime and subjects such person to criminal and civil penalties." 0[02'01 A)nf wJIdtl Iw spw00 Alu"oI `gwWu.M ul P3I;U.M K6/g91¢T0'ON 1a°A G.x to pinS 7lp 'NgeN, 9 WZ'Ol Ain swldx3 uc±raelunL aJ AAJnoOJols"olsaMWPoWIsnO Y. / =i olnnL�vsAv 6lS"Mn110'ON W AMsN)s B3elS's119nd AMON aw.x paww ZUAOMEIrU VSSAIV slwna Aa,deN is/—fa/.� :ra,aw uafspwamAW s!o: i<N{Jp"�PgEPawMwwww•01¢msans 119'/0111$ 1WE09'95t$ wessesS) t[9'ICSIMS SMOA. wPIWAglled splgb,w MdI.S imldingj spay pmllgnuP 7MUMIMIM aMwDfw.U1M •slap awv aglo a rwunsu{letuauw.da0 •vl a.P wP. wl1 quauglnslepwux AaMM46aw WW ivawaa,le g w. q...geuv IepumUaaogg oW pM AJiwo I'AIPwwP W 'aTOt'1 Cnq..,ga I*.. 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Aaasl.p wC wl•a4 lu!Pnlaul'Wawd!nba Put wmwand lm&p w ao.lq W qw span; Aiu.nn0 pssg•q P—JappN uowaW Munn Pug algvwulouM awow l ulp ty Pug INOPa) Iwun9 w•ld P•mmpn M tup•pa agW.ora slunoury q w ovunwp,,pun olgWnw nunowt as wwgdwM pwnwpa Ww P.N.odap an An plat, swnd sgmwry ugsy aggw.opa nunoup gwnwudaywdtoqu para i anPI A WPw Paw)•Pwq w1°w gwWlgalpus aawneq, Qft tuanluuad pabapo U011,1100 assn •W uls rutin AWR Put sumpuld pauallown wora'•Pu•anpawowl Waunwnul No P•V•W -$-gf qugdaP(L gatgg w Wwl pa• vgv'ngoFns pang paimnu(aoJ gWaiWA vW a1/y grim waunna pgsawPa lulpual taoyr a wlNanwrv)wpGryvtl MI. Rlw.q 1.40 SaaWGIwO w•g Pulup) gwupgwl w,q.lwW Pug gwlw4Ma quu.W'D d,t{m)pP4 wlpWu.d auwulJo uOg°^P°td a41 at, PP4 mw•dom AugdwM aw Aq parydnxn wPwdwd mal lug wW,WO:algw W ran wgoloag a W! iu tl %Mnw pas w a uvq ah8av W t1.Ms uowuto0 npnp ww)aad MT7 at01'1f sa4u,aa0)o W A W IS1N vallf1SlYfOxal04 SNI AIiN W10N13tlON5NOtl1 RELEASED Date: "�w� Signature: City Clerk _ City of San Juan Capistrano, CSUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE 66499.2) Bond No. SUR21000009 Replaces Bond No. SUR20000343 KNOW ALL MEN BY THESE PRESENTS, that Pacific Point Development Partners, LLC (hereafter designated as "Principal"), and Ironshore Indemnity Inc. as Surety (hereinafter called "Surety") agree to install and complete certain designated public improvements as conditioned by City Council Resolution No's. 92-6-16-4 and 03-09-16-06. WHEREAS, said Principal is required to furnish a bond pursuant to Municipal Code Section 9-5.101 and 9-5.109 et seq., for the faithful performance to guarantee certain work, more particularly described as follows: Storm Drain subdivision improvements within Tract 16752 as defined within Amendment #1 and Reinstatement of the Subdivision Improvement Agreement for Tract 16752 NOW, THEREFORE, we the Principal and Surety are held firmly bound unto the City of San Juan Capistrano, (hereafter called "Obligee") in the penal sum of Seventy One Thousand One Hundred Eighteen Dollars and oo/1oo Dollars ($71,118.00 ) 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, shal 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's. 92-6-16-04 and 03-09-16- 06, 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 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. Page 1 of 3 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, this instrument has been duly executed by the Principal herein named on the 19th day of May 1 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. PRINCIPAL: Pacific Point Development Partners, LLC By:\\\J Its: SURETY: Ironshore Indemnity Inc. By:. �q MargardfA. Ginem Attorney -in -Fact 010 WILLIS OF FLORIDA 1211 W. BOY SCOUT BLVD, #1000 Surety Phone No. TAMPA, FL 33607 INQUIRIES: (813)281-2095 Page 2 of 3 (NOTARIZATION AND SEAL) (NOTARIZATION AND SEAL) , APPROVED AS TO FORM: NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENY CIVIL CODE § 11189 n✓n< <nKri<!nNnN N6 NdN6:rK (nl:n '10.tn rK n ncTNA<•-< i�Ntia <ipw eAr 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 rk7d before me, W , 06 U(f � / /Mar) Pub /i(„� Date Here 1rt Name an Title o/ the'Officer personally appeared �/ f 1X� Name(s) of Sioner(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(fes), 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. W. COR01 Commission N 2088325 z • `�� Notary Public - California i Otange County ' My Comm. Expires Oct 31, 2018 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 Signature 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: 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: ACKNOWLEDGEMENT BY SURETY STATE OF FLORIDA COUNTY OF HILLSBOROUGH I SS. On this 1.9th day of May, 2015 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 Ironshore Indemnity Inc., 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 Anett Cardinale ANETTCARDINALE Commission 4 FF 138482 =?'• Expires July 28, 2018 'fRn.A•°' S.Ad.e TW Thor fin N , BWe ,j .. This area for Oficial Notarial Seal fi94Mtlq* 13i 1.'6$0, 2ib6ild $et,6oris. ]09 bW- I lq$.VfJhd. Civil -r.(Yd6,and 8ewriii 8-IO2'of the ObW.MfAt. CqO'ej. Xdlatingjq n0fafiqs: pAbift..'nd 1445q.#ytigal fonpai, o t} % jic!*. ais;qlosurd notice;Or es- *atjpkL. ji�.-p ex�mple;- purposes hO%.ary.gfiblic ofother officer coiripletine this: CeMibiitevcrifies.oaly the idbntity'6f �ithe h '- individual '10 1dli-u c!. sided the Mg w :6 .cerCificate.isatia6hed and not the trulhfulnesst .Q.bunty. of O'ce pr of Ort ertnan"'e O'o 11 the.' bast and a, proved t� t� 0 th ? ; and'title �tmm e lin auWoti� . lapacjiy(�es�, 0� d bf ;he entity chalf orw hl ton behalf �,h t parao'h i's We aua correct- VMNESLq ii&-lAnd aiid.6ffidia- wil.. .8iactfr.q (Sear99 III- 21000009 Ironshore Indemnity Inc. KNOW ALL MEN BY THESE PRESENTS, that IRONSHORE INDEMNITY INC., a Minnesota Corporation, with Its principal office in New York, NY does hereby constitute and appoint: David H. Carr, Anett Cardinale, Margaret A. Ginem its true and lawful Attorney(s)-In-Fact to make, execute, seal and e deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and bythe authority of a resolution which was passed by the Board of Directors of IRONSHORE INDEMNITY INC. on the 22nd day of April, 2013 as follows: Resolved, that the Director of the Company is hereby authorized to appointand empower any representative of the company or other person -or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed -$7,500,000 dollars, Which the Company might execute through Its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In -Fact, so appointed, may be removed for good cause and the authority so granted maybe revoked asspecified In the Power of Attorney. Resolved, that the signature of the Director and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the:Secretary, andthe seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile�slgnature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which It Is attached, continue to be valid and binding on the Company. uIN WITNESS THEREOF, IRONSHORE INDEMNITY INC. has caused this Instrument to be signed by Its Director, and its Corporate Seal to be affixed this 7 day of August, 2013 IRONSHORE INDEMNITY INC, (eru I i u° .I ev: aSma Director ACKNOWLEDGEMENT On this 71h Day of August, 2013, before me, personally came Daniel L Sussman to me known, who being duly sworn, did depose and say that he is the Director of Ironshore Indemnity, Inc. , the corporation described In and which executed the above Instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. a �•._ � I` „„ � AMYLinYIOR rro,u,wmc•54uNfirvvtur �. rw�e. a wrta Nmy y Tay< NCary Rinne CERTIFICATE I, the undersigned, Secretary of IRONSHORE INDEMNITY INC., a Minnesota Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is In full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at this 19N Day of May 2015 Pau15. G1 daro Secrttary "WARNING: Any person who knowingly and with Intent to defraud any Insurance company or other person, files and application for Insurance or statement of claim containing any materially false Information, or conceals for the purpose of misleading information concerning any fact material thereto, commits a fraudulent Insurance act, which is a crime and subjects such person to criminal and civil penalties." VIOE'0TLlnfu,OgL u Imwq qunOJ uwawM ul PaYugro VISM09UTO'ON / Sy {. P/ L mlbn uagSaWu/w Ayr .S!�9a '�(Ah/{O Arp,XnNaw Twawpw aluNJSEns T19'p11'GKS jJ I21,109'94T$ 106E'SEE'SS) TG9'aE6'95[$ 5111101 u+pl MlI.OIIW Sp,Nv n hp,n5 ygd,ml spun/ paufiSOWn 'rt1mE9EIV'aF'677 umaaDfw.I10M app mq ayja n i,vtlmanOlwuwetla0 ,>z>1 all aPa Pall guawa,ASpIWaW A1gTgE a1P apn,uawwl6e a WO quawalns l epu.uu a'qg ay It, Mv+> I'Alp+OplppV 'tI OL'TEaq...Q I. 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W Na Spa pgA Salop n A9 p,,, %Fw M .gvnwpluggagwaauu cp, au .wnPw/d a.yagdlOVW pg Wary anplaA 40. pw pavapp M9 p." gwwfgwl p.. ..j q,quaY'Swgmld P.wPO uelwllan p W= ay ul mugaq,gwft put wTAwld pgarlmun pauav PuOary ammo( Wauq'nul AMPafwp"S SM quald aOLL ePge Pa,.awl Dua V.u'ggO1Qg Sege Pa1wu11 ml wHgw • W a/ f!Q a,— a,g.lim Paa.awp, fupuai'opna 'p(n .nl SapulaOatl gagvpawuq,u,,o SMymwO waq geulwJ gwuq'aul w/q'i0u4s Wt AwFryMa 4m y1q QXIuJW4Sg1-d1M 2u— IJOuOWhPgudf4)u{PlgN-W-d0M AYW Wmgy Aq pgdn»O.W.dWd wau lu0 vay aaAn:gq' laal VO rvgOlafeflnA•1 rueq lub'a,q' pr1 wSueq gi.Pagly eA>q+uowwOJ a1pClPpaNli/d mm via YE A9'wuO;O Sy AOVf MJ.N91VL1Y1SIV[I M oWuNmaNIIHMN0E1 RELEASED Date: Signature' Premium: $289.00 City Clerk 11-1 City of San Juan Capistrano, CA SUBDIVISION FAI (GOVERNMENT CODE 66499.2) Bond No. SUR21000019 Replaces Bond No. SUR20000346 KNOW ALL MEN BY THESE PRESENTS, that Pacific Point Development Partners. LLC (hereafter designated as "Principal"), and Ironshore Indemnity Inc. , as Surety (hereinafter called "Surety') agree to install and complete certain designated public improvements as conditioned by City Council Resolution No's. 92-6-16-4 and 03-09-16-06. WHEREAS, said Principal is required to furnish a bond pursuant to Municipal Code Section 9-5.101 and 9-5.109 at seq., for the faithful performance to guarantee certain work, more particularly described as follows: Monument subdivision improvements within Tract 16752 as defined within Amendment #1 and Reinstatement of the Subdivision Improvemetn Agreement for Tract 16752 NOW, THEREFORE, we, the Principal and Surety are held firmly bound unto the City of San Juan Capistrano, (hereafter called "Obligee") in the penal sum of Thirty Eight Thousand Five Hundred Dollars and 00/100 Dollars, ($38,500.00 ) 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 improvement obligations within the fully executed and recorded subdivision improvement agreement, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Page 1 of 3 BE IT FURTHER RESOLVED: I. 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 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. ^ IN WITNESS WHEREOF, this instrument has been duly executed by the Principal herein named on the 19th day of May , 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. PRINCIPAL: Pacific Point Development Partners, LLC By: Its: QVY-. , -44 SURETY: Ironshore Indemnity Inc. By: G/ eller 21 Margar A. Ginem , Attorney -in -Fact Surety Phone No. 500 VUILLIS OF FLORIDA 211 W.OOYSCOUTOLVO,#1000 TAMPA !N'Qtl R ES: (8 3)282095 Page 2 of 3 (NOTARIZATION AND SEAL) (NOTARIZATION AND SEAL) APPROVED AS TO FORM: :- NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 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 Count of On before me, Date a personally appeared it Here Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacitypes), 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. W.CORDI M Commission # 2088325 z .`m Notary Public • California Z Orange County ' M comm..Explres Oct 31, 2018 i 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. r. Signature 1 IJ W L0.11 - Signature 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacitypes) 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 ❑ Attomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: Y r • • • h• • irr crr15:r •'� ACKNOWLEDGEMENT BY SURETY STATE OF FLORIDA COUNTY OF HILLSBOROUGH I SS. On this 19`h day of May, 2015 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 Ironshore Indemnity Inc., 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 �1 C Anett Cardinale tG'w ANETTCARDINALE A Commission # FF 138482 +al Expires July 28,2018 8a kMTw Fen 1,.w. M54019 This area for ficial Notarial Seal 13i !''Q O, aMdfidY'90cdolis. 1A 90- bba *1 19516f*ihc: dvit Code. and gectioll, $202 of 6 ji'.PWW- PhY iPA fQnp.af of jhp..4d:W. ftqlbsi)rg itkpgcg;as art qxapip for A Yid.t'wy. PG blio of othdr 6ffidef cerflfieatevetifiies,only the id6ntity,6f the individual. W Q.'I&cathe do' inentsp whlclifh'i t Cerfificate.is attached, and not- the truthfulness, ent 84td -Pf (0iforhia. .Qiunty. 6f _ On _ _._ ...;bcfOr6 fne,.., ihsert niaine:and-tiflc ofofflcerj'personally appwed -proved pp Mq, owthq.'bgsji's; 6fS.alisf'aq zy.e id6ibij to Whose li a 's/ - Oo . y .1 � I. z `hose nie(_�) J 4rb.su4§crjbbd:tfj. lli6.)Vjfliin' idkrumenti and acknowledged to me -'that he7she/they executed iho.same Aw.hrAer/theit, rs nswufn6a )iLwg of Elie, State oYCallfortria•th7t the fdiFgorie� parawaA is true and'rwrect- WITNESS iiCy.lAnd ah*d,.6ffioW- seat.. III- 21000019 Ironshore Indemnity Inc. KNOW ALL MEN BY THESE PRESENTS, that IRONSHORE INDEMNITY INC., a Minnesota Corporation, with its principal office In New York, NY does hereby constitute and appoint: David H. Carr, AnettCardinale, Margaret A. Glnem Its true and lawful Attorneys) -In -Fact to make, execute, seal and deliver for, and on Its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of IRONSHORE INDEMNITY INC. on the 22nd day of April, 2013 as follows: Resolved, that the Director of the Company Is hereby authorized to appoint and empower any representative of the company or other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of Indemnity or other writings obligatory in nature of a bond not to exceed $7,500,000 dollars, which, the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In -Fact, so appointed, may be. removed for good cause and the authority so granted may be revoked as specified In the Power of Attorney. Resolved, that the signature of the Director and the seal of the Company may be affixed by facsimile on any power of attorney granted,and the signature of the Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such, power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which It Is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, IRONSHORE INDEMNITY INC, has caused this Instrument to be signed by its Director, and Its Corporate Seal to be affixed this 7" day of August, 2013 IRONSHORE INDEMNITY INC. lTIT By: Da a 1. Suss n Director ACKNOWLEDGEMENT On this 7m Day of August, 2013, before me, personally came Daniel L. Sussman to me known, who being duly sworn, did depose and say that he is the Director of Ironshore Indemnity, Inc. , the corporation described In and which executed the above Instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. Mry l Ta� NM.ur FLEre CERTIFICATE I, the undersigned, Secretary of IRONSHORE INDEMNITY INC., a Minnesota Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, Is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at this 191h Day of May 20 15 reur.^1 Fouls.dares secretary "WARNING: Any person who knowingly and with Intent to defraud any Insurance company or other person, files and application for Insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading Information concerning any fact material thereto, commits a fraudulent Insurance act, which Is a crime and subjects such person to criminal and civil penalties." v \ { hMYI iAYLOfl � ��rypNi01„CwnlYnn,65ee � `r I ; 'e�C]`..' A/ { 0Y6nunleflm Elp4a,O1d41! Mry l Ta� NM.ur FLEre CERTIFICATE I, the undersigned, Secretary of IRONSHORE INDEMNITY INC., a Minnesota Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, Is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at this 191h Day of May 20 15 reur.^1 Fouls.dares secretary "WARNING: Any person who knowingly and with Intent to defraud any Insurance company or other person, files and application for Insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading Information concerning any fact material thereto, commits a fraudulent Insurance act, which Is a crime and subjects such person to criminal and civil penalties." IRONSNOREINOEMNIIYINC EULUNIMALSTATEMENTSUM N NDetnnber 3l, ION1 ASSETS Bonds Preferred .baa EammenaMae Mat6aaelow nrN nbtn.Pratlmm Monsele lams on mai estate; Otbnthern Mt Item Properbn aaupled by Me wmpny PmpuUn hdd E=fere produotfn nrlmume PmpnOnhedforwe cash nth enlowlenb rad e1,04-tmn Invnbnenb ('amact kum DabaOen Othwknested nab RanMtaes fmsKWtnn SnudOn IenMq rNmmated mlkhN asset ASSapk vrttNa IminveNM nota Sunobls.mAaM Inlerkd nub TIOe P1inb len S. Charged oR I.Mem ost Mean due and annual Urop6MedpterRtun and M. W Eebnas In the sump(c,hemb, D.f.rad panoluns, aaaotb been. and ImbOmnb booked but Warned and toot yetdue ACavedofr 1pe A pieMuma MoounU remvmbe frmn mho,. ponds bed byes depmked MthrNmumd tnnpaea Other amounts reaMble under minumna mntraa4 Amount b ealnbe 1.1.9ni 0 nlmuad plants tarter federal and fae9nlacame ere re anambde and tntnnt Memo NNENertedbntael Gueant,Mds we"ble arm depoAt Surrglum aid equlprnen, Imludlm Mem are d.E.M aab Ma.dfuMent In assets and N1,1116es d4b btean e.d aryerat. RneMMn For, want, aubudhades and a11111a tes Health are and ether amount readable Awnate wrtmins For other tlun kwaW .IsM Total aneta adW era Smante Accounts, Slaalud Aaaunb and PraMed GL Account, Ecom Separate Aaamb Seargakd Avounte and PrdMed Cell Amour 0 UABIIITIES $179,140.347 lux'es 0 Reml—tr, pay.Lb on pad Jones and las adjuneu t[names 31,640,141 Wesadluslmente�,nua 0 C ftu' Mms palatal. cenYNent mrwnlultan and tdhnakner duryn 0 other 41* l.pmMM ban. names and fen) 0 TaaeU Yamamdfw Hadudm6 kdnal slid foielm camera ben) 0 OrrrmtrsderN4nd lodm Mmone tarn D Nnamnmdmmbuky $15,632.951 UaamMpremlune D Adnoc,pamium 0 Ceded rdmtrmapmmtum7 wpb, In,tNudmammmhsbnsl 0 funds ted bysampsny lmdwab0urncebatb 0 Amount YAUeeOerbWned AymmOnYfmaomuntolothm 0 R.Mtbmtoatd came nn Nlouted 0 /rMdon farrNmunno $216,614,019 Nn' adluMnD N aiabald labintles dow W farads, ndsana.rein 0 Oraroowbndma $9=4960 payable b wren, subNdlerksarel amass $,41,567,347 Dera,hr, 0 Paablefa a ourales 0 papmeromanivesdendl, $33,584157 Ua6l3b for ammnfe held under unaaaumd plus 0 AWtham veltNm for nabllRIM 0 Tool natallkna 011 Protected aO lAblgdes 0 PmtMed [[1110116. 0 $5,5M.837 Tebl/ablkle, D 0 POIRYHMDE1t9S SURPLUS 0 oustreaatewnlNn9 brneelal surplus funds 0 D mmmn al6blUzk $7,114,971 pl FMedopbhI,,O h $317,414,611 AwraaNeW Whs forwher than special en111N 0 Surpin Nan TOTALS $M7,414,611 GmUpstdlnndmnmbutedmrpim CERaNUTE I amr, owl the above financial abtements tithe bestof my bawleda..Oatoend... mmalle lonethe Rneaf.l condition of the Company a of Dnemble 11, 2014, Additionally, I w0fy that Ute abort enanml statements am In atreem<nt Mth the Statutory Fumes al ltatemenb Dled Mth ate Tek. peparonent of IAWM=SO Of the ante data WUN.mldeagl CIO VPATreg191er_ UnatlSnedfunds{surpluf; Super es rayrda weryholden TOTALS $63,587,Ofi6 0 510.384,957 $1,O1gE0S 55,435,116 $1,383,909 $1,4x391 0 $u.lw.876 SS8}2;167 0 $1,575,075 S11.458,11D 0 0 0 0 $4.185,928 $lKst1.131 0 $156,916,673 155}35,190) $156.603,181 $317,414,611 SU83CAIEED and nom to me this YedaYN�/fY •.edr/j Myoomnal on-PIrn- NohryPublb Mnkd Nanta ALYSSA TUFKOVfTZ Notary Public, State of New York aLrsv.TVRkovlrl No. 01TU6044514 Ouauned In Westchester County C'1: t .//•�`v�.� /�✓1�i. �� CMMia W Elcpires July 10, 2019' lfok{17•u"Sb1e b New York N0,011116Al44SU Qualllled In Westchester County Connisslon Eaplin July 10, 2014 RELEASED Date. \ a Signature: City Clerk City of San Juan Capistrano, CA SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE 66499.2) Bond No. SUR21000019 Replaces Bond No. SUR20000346 KNOW ALL MEN BY THESE PRESENTS, that Pacific Point Development Partners. LLC (hereafter designated as "Principal"), and Ironshore Indemnity Inc. as Surety (hereinafter called "Surety') agree to install and complete certain designated public improvements as conditioned by City Council Resolution No's. 92-6-16-4 and 03-09-16-06. WHEREAS, said Principal is required to furnish a bond pursuant to Municipal Code Section 9-5.101 and 9-5.109 et seq., for the faithful performance to guarantee certain work, more particularly described as follows: Monument subdivision improvements within Tract 16752 as defined within Amendment #1 and Reinstatement of the Subdivision Improvemetn Agreement for Tract 16752 NOW, THEREFORE, we the Principal and Surety are held firmly bound unto the City of San Juan Capistrano, (hereafter called "Obligee") in the penal sum of Thirty Eight Thousand Five Hundred Dollars and 00/100 Dollars ($38,500.00 ) 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, shal 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's. 92-6-16-04 and 03-09-16- 06, 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 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. Page 1 of 3 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, this instrument has been duly executed by the Principal herein named on the 19th day of May , 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. PRINCIPAL: Pacific Point Development Partners, LLC 4— By: n Its: �J�'�or�Z..C.ea, S. Y�r1�'t7r SURETY: Ironshore Indemnity Inc. Margar€RA. Ginem Attorney -in -Fact 010 WILLIS OF FLORIDA Surety Phone No. 4211 W, 00YSe0UTBLVD,#1000 TAMPA, FL 33607 it QUIRIES: (813)2B1-2095 Page 2 of 3 (NOTARIZATION AND SEAL) (NOTARIZATION AND SEAL) APPROVED AS TO FORM: 0 NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �Kn nNK✓riK.N.iNKNn< n 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 O ) Coun of n I 'l ) On /Qv, before me Date , 1 , Here Insert Nagxl andl77t/Wf t fflcer personally appeared Names) 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. W. CORDI Notary Public - California i ' Orange County n M Comm, Expire Oct 31.2018' Place Notary Seal Above Commission. N 20811325 Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑Limited ❑General ❑ Individual ❑ Attorney in Fact ❑ Trustee 11 Guardian or Conserv 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 / �-b `�6I Signature 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: Capaclty(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General El Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator El Other Signer Is Representing: ator ❑ Other: Signer Is Representing; ACKNOWLEDGEMENT BY SURETY STATE OF FLORIDA COUNTY OF HILLSBOROUGH I SS. On this 191h day of May, 2015 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 Ironshore Indemnity Inc., 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 Anett Cardinale ANETT CARDINALE aF'b >.:Commission q FF 138482 t'.11 Expires July 28, 2018 li•':r` BoNkThvTrc/im Wwnuero.165N1Y This area for Oficial Notarial Seal SWWe' Dfa VO 0, 41baho $Ottibris: P 0 bba I19.'. ate. CIy..ILto&an4 86Ct Oti 0&bf'ffi& )QbYwmneAt. CoRi. Waftlq nVavqs.*pAbjI;. ysipij fo - disqiostire, nonce j 04 example,, fQr purpp.4q'Of il, 1, usirali.ur.L. hotary plibiie of otfidr 6ffdef cbiv�ib I r' 'o "p' . finKth(s: certifibafiveEifies,only the idbntity of the I 1 0 in&I,VMuqi i�h '�ig��ecj the do oe� m w . . . Q. . 1( ..�u t - . .certificate. is atfa6hed, and not -the t�Tuithfulness, oo Art cy;o-rvRlWJtyqft.b 'd Ujocnt_ . QrA .84W '()f C-alifoOlIg .Cbunty. of .'DOf4rd fn6, 'ihscrt name an& title 6flofficer5,',personally 'pfovpd 10 Xto4lhO,14sis. of.�'atj9fSqtoty.cv, '.flie".wlihin" -frisitrumcnt:i and acknowledged 4'UAPAy4pqc'VIO)'. * pffo i 'itO fig. y, )1is1h ' -1 pt rflfy P'labr iOL`lt-OF, ) .E JURY paragraph -ib true an8*=rect. WrFNES&nY.hAnd a4dj6fficiht- wit., ppWcq. . . -to -me- thatz hchhathey executed ibe. sama in. hisifier/theit, Vdfs6tl' (S) figpafnrR - . (Sea)i- Ironshore Indemnity Inc. Ill- 21000019 KNOW ALL MEN BY THESE PRESENTS, that IRONSHORE INDEMNITY INC., a Minnesota Corporation, with Its principal office in New York, NY does hereby constitute and appoint: David H. Carr, AnettCardinale, Margaret A. Ginem Its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of IRONSHORE INDEMNITY INC. on the 22nd day of April, 2013 as follows: Resolved, that the Director of the Company is hereby authorized to appoint and empower any representative ofthe company or other person or persons as Attorney -In -fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $7,500,000 dollars, which the Company might execute through Its duly elected officers,and affix the seal of the Company thereto. Any said execution of such documents by an Attomey-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In -Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified In the Power of Attorney. Resolved, that the signature of the Director and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and,binding on the Company. Any such power so executed and sealed and certificate soexecuted, and sealed shall, with respect to any bond of undertaking to which it is attached, Continue to be valid and binding on the Company. IN WITNESS THEREOF, IRONSHORE INDEMNITY INC. has caused this Instrument to be signed by its Director, and Its Corporate Seal to be affixed this 7d' day of August, 2013 IRONSHORE INDEMNITY INC. 0 i't's'• � � i out I By: Da L.Suss n Director ACKNOWLEDGEMENT On this 7'h Day of August, 2013, before me, personally came Daniel L Sussman to me known, who being duly sworn, did depose and say that he is the Director of Ironshore Indemnity, Inc. , the corporation described in and which executed the above Instrument; that he executed said Instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. o ? irwy woncsui<m•eoeu,a ^Y � o.woncw,ry u,a cmm a>mowaao j`Ca <, AMYL -Tey Noll VUV.t CERTIFICATE I, the undersigned, Secretary of IRONSHORE INDEMNITY INC., a Minnesota Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing Is a true and correct copy, is in full force and effect and has.not been revoked and the resolutions as set forth are now in force. Signed and Sealed at thistfo Day of May , 2015 4 •{{i III �1alr• f. - Paau16 G11 darn Se.tary "WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files and application for Insurance or statement of claim containing any materially false Information, of conceals for the purpose of misleading Information concerning any fact material thereto, commits a fraudulent Insurance act, which is a crime and subjects such person to criminal and civil penalties.` IRONSNOREINOEMNRYINC FINANaM. STATEMENT SUMMARY As of Dwemba 32.2024 hderred sin ese Canmon't Nuo"t loans oh nWeaawAnt bens Mortgage teem on reel abet: Otnnthm Mt nem ProperOweatlpled by tM bmwv Pr opertle, held for the production or Intone Propertla fMdfor ate Osis, asA eWhalnb aMahM-lennlnvestrnenb ComUM loam ow"tNu Oblcimestadanb IkuMWnfw searltln SnudUes lendirq rtlmated roVaetrY aoetl Apreglu mNeina forinvnW Cases SubtebU. Leah anelmWMsneb Title Dbnb WaS..ChaaedaR Inve+bnem Int veno duet end aa+uM Unroiletted aen4ums aM a1 mss' ba I+nre l n tl+e owns o1 cdI Mlon Oeftrted OnmhmlA agoNT blerNn and Inmtlmmb 6aoked butdeferted and not yetduo Accused rtbo+ptnhe ploun ums Omounb reeperebe fmrn nlnawn FVMr held byw dambedvAm W wurM eanOaNn Other amounts recelnble under minwmna mntrarb Arrcumr revlvef to redo[ to Imimmad plc m Cartons federal orad fcredgn learn on renvenble and Interest thereon Notdefenedbaaaat GuarantyMdi rearableseen d"t FwNNre and equlpmeµ laludlr� hmltlsore desvery ssaN Netad}mmwnt In avec aM IbbNtlndre bfomesl arise Ne ntn Real"Mes from lureµ subNebdnar.aMOata stealth are a,d alher ImusvAs M.I.W. Awev. ewa0e4n+forotherbsn bvwad arab Toal+ones excluding Sa uraslAccounts, Saingeted Accounts and Prorated Cot. Accounts From Selene Anounb SeSraated Aemunaand Pr teeleiColt amnb 0 LIABILITIES $179,140,947 tines Q RNmumme Payable on paid loan end loss adjustment eapsma 31-M,141 Lon, adlwbnmtexplNn 0 Commbun> prye1114 contingent Commission, and othershnher darga ' 0 Other eeparoa(alludl tan. Ileamn and few( O Taan,Womew and fees(aaclWha feden)n. foreign manse navel 0 Cummt/Neral and foralgnhtome ban 0 Netdeferndtulhbluty $1S,6349s1 Unnma4pr"Jus 0 Advancepremlure 0 CMedrtWreancepnmlumo payabb (net olcedlra nmmlrWm) 0 Fusses held by tomparrl m.errelmurarcetrotla 0 Msarntl MtMieldodrebinMbyeomDl,ry fmrmuntafoben 0 R+Mtlalwsand Menta nottlouted 0 Pronwartferralmunme $116,614,039 Net adhuOeru,in Mon end labllllln due b foselgn aatfsame ata 0 DnMouetendln4 SM960 Payable to parent su3ldlerW and,fTMna 1173,567,547 Dfl relrn 0 Payabb roNca ftee 0 PapbselwaaMdeslonnla $33,564157 Ushisty farimounb held under umWuee plem O AprepnlwvltNmfagebtl6ks 0 Taal Tabfitlet auluding pMMad n,6 RibUldn 0 Protected«[ IN b=. 0 NO. 01TU60W14 $1,130,617 Tons X&NIssa D 0 POUCyNatow5 SURPLUS 0 AWWtex halm lorspeoel amphn fur.+ 0 0 CommnesPRelstock $7.314,971 pmfhymaplblau,, $347,414,611 Aftoomte wvlte;m for other than+pabl+urpiw 0 Surplus Notes TOTALS $347414611 Gross paid lnmd conbbuted surplus [ERTTCATE , I Certify that the above 8eemdal Itst ments to the best of my hww+ dgeeree true endaaurete rMecdon or the 0netcla1 ma. lio. of the Own eny a of December 13, 2014, AddNlCedly, I certify this the.have nnanclal antemern are inalreement Msh the SbNbry enmWl ShetemaU Rini with the Texas DeparOnent a Imran, as of the "me date, , W9lbmldeam CTOAPATiertarer Unaclgned funds(wrplw) SUM in ea"Fistdr pollcyhaMera TOTALS SU6dCAI8FDandaawmto matbc+�+alavol7 l/f� ,'G�i r] MY�rImllknespirec %%ONY $63,$[1,066 0 $IQ3g1,957 Si,01a,eDs $34,15,116 57.363,989 $14,34.39e e $19,150,576 $56,11;187 a $1,545,075 5190,611,151 0 5.000,000 0 $156,916,671 (S511151190) Sn6,6034,e1 SN7,414,611 Notary Pub0c; Pnnetd Name AIYSSA TUFIKCVITZ Notary public, State of Now York ALYSSATUR10VT1 NO. 01TU60W14 QuelKled In Westchester County �!✓2Z-)- CCATI^Ie010111 EXPirea July 10, 2018 Nobt( bl43bte of Few Tart N0.011U60MS14 Qmnned In Werom er County COmmbdon Eames luty 10, 2014