23-0807_PACIFIC POINT DEVELOPMENT PARTNERS, LLC_Bond Release Letter (SU1141164)30448 Rancho Viejo Road, Suite 110
San Juan Capistrano, CA 92675
(949) 493-1171
(949) 493-1053 Fax
www.SanJuanCapistrano.org
August 7, 2023
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 CITY 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 Precise Grade permit B16-0777, Tract 15609 lots 21-203 is officially
released as of May 25, 2023:
BOND NO. PURPOSE BOND AMOUNT
SU 1141164 Grading Surety Performance Bond
$ 75,482.00
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
Justin Inducil, Engineering Technician
R,ELEASEC�
Date: " --
Signature:
City Clerk
City of San Ju api trano,
BOND NO. SU1141164
INITIAL PREMIUM: $528.00
SUBJECT TO RENEWAL
GRADING SURETY AGREEMENT
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
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 Tract Map Nos. Tract 15609, Lots 21-23 ("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 Seventy Five Thousand Four Hundred Eighty Two dollars
($75,482.00), 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 casts 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 #B16-0777 Page 8 of 10
61147.02100124835741.2
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 WIiEREOF, 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 Attorney -in -Fact at Tampa. FL this 12th day of October
2016.
Pacific Point Development Partners LLC Arch Insurance Company
Principal
By:
s1+u�1bE� 51(,NA(tXt f
—W& IAAlinb•
(print name)
Surety n,
By: �, _�'!
Attornnc -in-Fact
Margaret A. Ginem
(print name)
Inquiry: Willis of Florida, Inc. 813-281-2095
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION BY
PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF
ATTORNEY TO LOCAL REPRESENTATIVES OF THE SURETYMUST BE
ATTACHED TO THIS BOND.
Grading Surety Agreement, Permit iB16-0777
61147.021 00\24835741.2
Page 9 of 10
ACKNOWLEDGEMENT BY SURETY
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH I SS.
On this 12th day of October 2016 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—
Eileen
ignatureEileen C. Heard
M
EILEEN C. HEARD
commission # FF 163460
Expires October 22, 2018
ex.�nw rmrrww+.no.em�esruis
This area for Oficial Notarial Seal
Senate Bill 1050, amends Sections 1189 and 1195. of the Civil Code and Section 8202 of the
Government Code, relating to notaries public. The below physical format of the new disclosure,
notice is an example, for purposes of illustration.
A notary public or,other.'of .cer completing bis_
certificate verifies only the identity,'of the
individual who signed tiledocument to which this
certificate is:attached, and not the truthfulness;
accuracy, or validity of that document.
State of California
County of(?rTe-
On IDI lill.Le before me, �. Pa,91- T,(c4-m f'Do-V%.`c- (here
insert name and title of officer), personally appeared VCs n M r&L-&&i who
proved to ince on the basis. of satisfactory evidence to be the person�vhose. » ame(�is7arlsubscribed to
the within instrument and acknowledged to me .that he/sjreftlyyIGxecuted the. same in hisfljorMtyir
authorized capacity( ,i oand that by his/lpMlla� signature(* -on the instrument the personwor the
entity upon behalf of whih the persofi sWacted, executed the instrument.
I certify under PENALTY OF PERJURY under. the laws of the State of California that the foregoing
paragraph: is true and correct
WITNESS my hand and icia�.
�y C. POST
Signature (;�'"" x2104225 z
. z r Public • talilania c
San Diego Counly
Comm.ues Mar. 22, 2819
AIC 0000184958
In Testimony Whereof, the Company has caused this Instrument to be signed and its corporate seal to be affixed by their authorized
officers, this j4" day of April, 2016.
Attested and Certified Arch Insurance Company
gvran� C
wnonnre 4
Patrick K. Nails, Secretary
ID -avid M. m e stein, Executive Vice President
STATE OF PENNSYLVANIA SS
COUNTY OF PHILADELPHIA SS
I, Helen Szafran, a Notary Public, do hereby certify that Patrick K. Nails and David M. Finkelstein personally known to me to be the
same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, e
Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me
this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and
delivered the said Instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and
purposes therein set forth. Comm rvweaL FF►NN6YLVANIA
NOTARXSEAL
HELEN SZAFRAN, Notary Public
C!Iyef pb8ade!phla, PMa. countqq
my corninl4slaft ExotrosOdober3,201T
Fe—len Szafran, N Lary PVubli
My commission expires 10/0312017
CERTIFICATION
I, Patrick K. Nails, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated April 14, 2016
on behalf of the person(s) as listed above Is a true and correct copy and that the same has been in full force and effect since the date
thereof and Is in full force and effect on the dale of this certificate; and I do further certify that the said David M. Finkelstein, who
executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly
elected Executive Vice President of the Arch Insurance Company.
IN TEST14ONY WREREOF I ave hereun o subscribed my name and affixed the corporate seal of the Arch Insurance Company on
this ofd_, 20_�.
it
Patrick K. Nails, Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have
no authority to bind the Company except in the manner and to the extent herein stated.
PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:
Arch Insurance —Surety Division
3 Parkway, Suite 1500
Philadelphia, PA 19102
wuoure
Im
tvn
OOMLOO13 00 03 03 Page 2 of 2 Printed in U.S.A.
AIC 0000184958
THIS POWER OFATTORNEYIS NOT VALID UNLESS ITIS PRINTED ON BLUE BACKGROUND.
P—
This Power o(Afforney limits Iheracts of those named herein, and they have notaudioriry' to;bind the Company except in the
ananrier and ito the extent fierein `stated. Not valid !or'Morfgage, Note, Loang�Letfer of Credif, Bank Deposit, Currency'Rate,
Interest Rate or Residential Value Guarantees. -
That the Arch Insurance Company, a corporation organized and existing under the laws of the Stale of Missouri, having its principal
administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company") does hereby appoint:
Anett,Cardinale,°Brandy Balch, David HL Carr, Elleen C. Heard and Margaret A Glnerr)of Tampa -FL (EACH) '
its true and lawful Attorney(s)in-Fact, 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'bon'ds, undertakings, recograzances and otlte :surety obligations, in the penal sum not'exceeding c
tJihetv_Millionrpollars fS90000.00000) ! i {',' - ''•:
This authority does not permit the sae obligation to be split Into two or more bonds In order to bring each such bond within the dollar
limit of authority as set forth herein.
The execulionof;such bonds, undertakings, recognizances and other surely obligationsIn pursuance of these presents shall boas _
bmdrnp upon.ihe`:said Companyaas fully -and amply 'to.all intents and purposes, as IfAlle"same had been duly executed and
�.acknowledgediby+lis regularly elected'officers at its principal, administrative offi6ca.in,Jersey Cdy; New:Jersey.
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:
01
—VOTED, That -the Chairman of lhekBoard lhe.Presrdenfor the Executive Vice Pro'sldenl,'or any Senior Vice Prestdant, of iho Surely'.?
Business Division, cr their appointees-desrgnated'irVwriling and filed with the Secretary, oe the Secretary shall have`lhe'power-and'
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 aftach the seal of the Company thereto, bonds, undertakings, recognizances and
- other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of
k;
process:"
This Power of At omey is signed,-sealed'and certified' by facsimile under and by authority of the
'foilowing resolution adopte&by. '•ttie
unanimous consent of the Board of Directors of the Company on September 15;-2011:
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 appoinlees�designated in writing and flied with the Secretary, and the signature ;of. .the
,
Secretary, the seal of the Company and ertificahons bythe Secretary, may be affixed by facsimile on any power oCaltomey or bonds
executed pursuant to the resolution adopted by the Board of Directors on September 15;.2011, and any such power so`oxecutedu
sealed and certified with respect to,%ny bo—nd�or`undertaking to which It is attached, shall continue to be valid and-bTnding upon the
Company.
OOML0013 00 03 03
Page 1 of 2
Printed in U.S.A.
POWER OF ATTORNEY
I '
KrToWAll Persons -ByThese Pres ents
That the Arch Insurance Company, a corporation organized and existing under the laws of the Stale of Missouri, having its principal
administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company") does hereby appoint:
Anett,Cardinale,°Brandy Balch, David HL Carr, Elleen C. Heard and Margaret A Glnerr)of Tampa -FL (EACH) '
its true and lawful Attorney(s)in-Fact, 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'bon'ds, undertakings, recograzances and otlte :surety obligations, in the penal sum not'exceeding c
tJihetv_Millionrpollars fS90000.00000) ! i {',' - ''•:
This authority does not permit the sae obligation to be split Into two or more bonds In order to bring each such bond within the dollar
limit of authority as set forth herein.
The execulionof;such bonds, undertakings, recognizances and other surely obligationsIn pursuance of these presents shall boas _
bmdrnp upon.ihe`:said Companyaas fully -and amply 'to.all intents and purposes, as IfAlle"same had been duly executed and
�.acknowledgediby+lis regularly elected'officers at its principal, administrative offi6ca.in,Jersey Cdy; New:Jersey.
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:
01
—VOTED, That -the Chairman of lhekBoard lhe.Presrdenfor the Executive Vice Pro'sldenl,'or any Senior Vice Prestdant, of iho Surely'.?
Business Division, cr their appointees-desrgnated'irVwriling and filed with the Secretary, oe the Secretary shall have`lhe'power-and'
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 aftach the seal of the Company thereto, bonds, undertakings, recognizances and
- other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of
k;
process:"
This Power of At omey is signed,-sealed'and certified' by facsimile under and by authority of the
'foilowing resolution adopte&by. '•ttie
unanimous consent of the Board of Directors of the Company on September 15;-2011:
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 appoinlees�designated in writing and flied with the Secretary, and the signature ;of. .the
,
Secretary, the seal of the Company and ertificahons bythe Secretary, may be affixed by facsimile on any power oCaltomey or bonds
executed pursuant to the resolution adopted by the Board of Directors on September 15;.2011, and any such power so`oxecutedu
sealed and certified with respect to,%ny bo—nd�or`undertaking to which It is attached, shall continue to be valid and-bTnding upon the
Company.
OOML0013 00 03 03
Page 1 of 2
Printed in U.S.A.
-'--�[�--0777
PHvjtl i vR TRACT NUMBER (.,.,4ER/SUBDIVIDER
PENINSULA - TR 15609 -Lots 21 thr023-Models Taylor Morrison
ENGINEER CALCULATED BY
ADAMSSTREETER CIVIL ENGINEERS, INC.
DATE:10111n018 I JOB No.: 15-2092
PRELIMINARY CONSTRUCTION COST ESTIMATE
No.
DESCRIPTION UNITPRICE TOTAL
MODEL PRECISE GRADING
1
CONSTRUCT CONCRETE DRIVEWAY PER LANDSCAPE PLANS
2,780
SF @
$ 7.00
S 19,460
2
CONSTRUCT 4" A.C. PAVEMENT OVER NATIVE
687
SF @
$ 3.00
S 2,061
3
INSTALL REDWOOD HEADER
81
LF @
S 3.00
$ 243
4
CONSTRUCT 4 -INCH THICK CONCRETE WALKWAY PER LANDSCAPE PLANS
1,586
SF @
$ 7.00
$ 11,102
5
INSTALL WHEEL STOP
1
EA (i0
$ 125.00
S 125
6
CONSTRUCT DRIVEWAY APPROACH PER CITY OF SAN JUAN CAPISTRANO STD. 401
303
SF @
$ 10.00
$ 3,030
7
INSTALL TEMPORARY HANDICAP & CUSTOMER PARKING SIGNAGE AND STRIPING
1
LS @
$ 1,500.00
$ 1,500
8
INSTALL 12" SQUARE NDS 1212 AREA DRAIN INLET WITH ADAPTER & OUTLET
44
EA (-
$ 100.00
$ 4,400
9
INSTALL 12x12 BROOKS PRODUCTS CATCH BASIN
1
EA @
$ 750.00
S 750
10
INSTALL 4" BRASS INLET
4
EA @
$ 75.00
$ 300
11
INSTALL 4" NDS 13 ROUND GRATE
5
EA @
$ 50.00
S 250
12
INSTALL 4" PVC (Sch 40) PIPE
1252
LF @
$ 12.00
S 15,024
13
INSTALL 6" PVC (Sch 80) SLEEVE
20
LF @
$ 25.00
$ 500
14
INSTALL 6" PVC (Sch 40) PIPE
125
LF @
S 16.00
S 2,250
15
INSTALL 8" PVC (Sch 40) PIPE
20
LF @
S 24.00
S 480
16
INSTALL 12" PVC (Sch 40) PIPE
3
LF @
$ 30.00
$ 90
17
CONSTRUCT CONNECTION TO EXISTING CATCH BASIN PER OCPW STD. 332-5
1
EA @
$ 500.00
$ 500
18
INSTALL CURB DRAIN
4
EA @
S 250.00
S 1,000
19
EARTHWORK SPOILS FROM FOUNDATIONS, SIDEWALKS, SWALES, AND SIDEYARD GRADING
50 CY PER LOT X 3 LOTS = 150 CY TOTAL)
3
LOTS
$ 500.00
$ 1,500
20
EROSION CONTROL
21
GRAVEL BAG VELOCITY REDUCER
54
LF @
$ 3.75
$ 203
22
DRAIN INLET GRAVEL BAG PROTECTION
46
EA @
$ 3.75
$ 173
23
CATCH BASIN PROTECTION
2
EA @
S 100.00
S 200
24
SIGLE ROW OF GRAVEL BAGS
928
LF @
$ 3.75
$ 3,480
SUB -TOTAL IMPROVEMENTS
$ 68,620
10% CONTINGENCY I
S , 61862
TOTAL IMPROVEMENTS
$ 75,482
No. 42615 a
DN, 5
PAGE 1 OF 1