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15-0421_Bond_LV Pacific Point TTM 14196_SUR20000316RELEASED, ^ Date: ^-^^f^r , City Clerk [ ^' A \ City of San Jbaa_Caplstrano, CAJ SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.2) Bond No: SUR20000316 KNOW ALL MEN BY THESE PRESENTS, that LV Pacific Point 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: Landscape subdivision improvements within Tract 14196 as defined within Amendment #1 and Reinstatement of the Subdivision Improvement Agreement for Tract 14196. NCW, THEREFCRE, we, the Principal and Surety are held firmly bound unto the City of San Juan Capistrano, (hereafter called "Cbligee") in the penal sum of Cne Hundred Fiftv-Five Thousand Cne Hundred Ninety-Two and 00/100 Dollars, ($155,192) 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. NCW, THEREFCRE, 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: 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 24th day of March , 2015, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. PRINCIPAL: LV Pacific Point LLC A Delaware Limited Liability Company (NOTARIZATION AND SEAL) By: PAMI LLC, its Managing Member Its: JohlTs Sfikiorius Authorized Signatory SURETY: Ironshore Indemnity Inc. (NOTARIZATION AND SEAL) Christopher L. Dobbs-Attorney-in-Fact Page 2 of 3 APPROVED AS TO FORM: Hans Van Ligten, City Attorney NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 POWER OF ATTORNEY III- 20000316 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: Chris Dobbs, Jalene Brown, and Tracy L. Carlile Its true and lawful Attorney(s)-ln-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"'' 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,S00,000 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 seai 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. ACKNOWLEDGEMENT On this 7* 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. JUDY BERgEB NOTAf Y PUBLIC-STATE OF NEW Y< )RK NO. 0UE6222764 Qu illRod In Now York Count > My Commliilon ixpiioi June 01. 2014 irger Notary Public 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 2Ath Day of March , 20 15 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 ciaim containing any materiaiiy 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." SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE 66499.2) Bond No: SUR20000316 KNOW ALL MEN BY THESE PRESENTS, that LV Pacific Point 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: Landscape subdivision improvements within Tract 14196 as defined within Amendment #1 and Reinstatement of the Subdivision Improvement Agreement for Tract 14196. NCW, THEREFCRE, we, the Principal and Surety are held firmly bound unto the City of San Juan Capistrano, (hereafter called "Cbligee") in the penal sum of Cne Hundred fifty-five thousand Cne Hundred and Ninety-Two and 00/100 Dollars, ($155,192.00) 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. NCW, THEREFCRE, the condition of this obligation is such that if the above bound Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions per City Council Resolution No'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 24th day of March , 2015, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by Its undersigned representatives pursuant to authority of Its governing body. PRINCIPAL: LV Pacific Point LLC A Delaware Limited Liability Company (NOTARIZATION AND SEAL) By: PAMI LLC, its Managing Member Its: Authorized Signatory SURETY: (NOTARIZATION AND SEAL) Page 2 of 3 NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 POWER OF ATTORNEY III- 20000316 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: Chris Dobbs, Jalene Brown, and Tracy L. Carlile its true and lawful Attorney(s)-in-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and ail 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"" 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. DarneTT. SussnflSn Director ACKNOWLEDGEMENT On this 7* 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. NOTAf Y PUBUC-STATE OF NEW Y< >RK NO. 01BE6222764 Qu illftod In Now Yolk Count t My CommlMlen IxrIim Juno 01, 2014 (rger Notary Public 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 24th Day of March ,20 16 1*19 iw- "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 frauduient insurance act, which is a crime and subjects such person to criminal and civil penalties." Acknowledgement of Surety State of Tennessee County of Wilson On this, 24th day of March, 2015, located in and for said County and State, before me personally came Christopher L Dobbs, to me known, who, being by me duly sworn, did depose and say that he resides in Mt. Juliet, TN; that he is the Attorney in Fact dully appointed for Ironshore Indemnity Inc., the corporation described in and which executed the above instrument; and that he signed his name thereto by authority of the board of directors of said corporation to the Subdivision Faithful Performance, Labor & Material Bond for LV Pacific Point LLC. in Witness hereof, i here unto set my hand and official seai. Jalene Brown County of Residence: Sumner My Commission Expires: May 25, 2016 SEAL: noNSHMi iHHMmn IK fWUNCWlSnTtMIKr SUMMMT Assm uAiiunes Bendt frtftrrad ftsdtt Comifion tucks 14UffL720 0 26.900,901 bosses 0 7A»WI5S Mertiact lom on roal tsUM: Ftnt Htm 0 fropwttoi oocupM by th« company PropMttot htM for tho productiMi of Incemt 0 0 0 (A10J2B Other eapenios (ndiMttnc taxes. Ikontes sod fees) Taaei, kentes and feet (eachidlni federal and forelfn incoma tana) Current fedaral and fars%n Income tans 72SA29 USSJD74 I.a23.7IS Q Contract loam Dartvatlvai Other Invntadoxsots 0 0 0 Unearned premiums Advence premium 2S,U*.U0 444a7AM 2S,U*.U0 444a7AM Subtetata. orti and invotUd auets TflM punts lets S.. OMifod off 0 174509,4&4 0 994,119 AmeiNtIS withheld or retained by company for actarurrt of othen Ranilttancn and hems net allocated FrowliionhN-relmnance Uncodocud premtiwwi and nents balancoilntnocourMOfeallaeilon 49.232,670 0 G not yet due AiAJued f itro ip ecll ve premhimi 0 30.507,825 0 0 Derivatives Payable tor securities G 0 HMdafanod tax asset 4,60S.«M 0 Mtnf«» aitMnfortaMMM 0 0 6J93J89 9rM«M ..I UablWn Tot.! MIIIUHM A«r«ff»te wrttt-tnt for other than Invested uaett Accounts 4J29.U0 270,42646 KXICVHOlAEIm SUMtUS UtU4a.ll7 From Setwrate Accountt. Sefrefaiod Accounts eiuf Protected CM Accounts 0 e TOTAIS 270426,386 CmmoK cvttll ItKk VGQOJOOD Mnrid captal RKk 0 Surplu.N0tM GroM p.u 1. aiMl eonttttuttd Mrphn UL93«.e7l Suratus IS raufd. poUcvhoMafi 12GA40.117 TOTWS 27D.4UJM CEIITIFICATI SU6CW8ED I certify that the above hnancUl itatemertts to the best of my UioMdadfe arc a true and accurate reflecbon of tha firwncial ALVSSATURNOVrrZ Notary Public. State of MewUbdi NO.01TU6044514 Quaimed in Waslcheater Ooun^ Commiaaion &pim July ia 2010 STATE OF NEW YORK ) ) ss. COUNTY OF NEW YORK ) On the 1st day of April in the year 2015 before me, the undersigned, personally appeared Jonas Stiklorius, personally known to me or proved to me on the basis of satisfactory evidenee to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person or entity upon behalf of which the individual acted, executed the instrument. Signature and Office of individual taking acknowledgment LISAA, PHELAN Qua(,f:ed ,n New VO,K County rnrnn,- ®3N0. 01PH6292618 Commission Expires November 4 2017