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15-0421_Bond_LV Pacific Point_TTM 15609_SUR 20000322RELEASED Date:_ City Clerk V ^ City of San iuan Capistrano, SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.2) Bond No: SUR20000322 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- 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 15609 as defined within Amendment #1 and Reinstatementof the Subdivision Improvement Agreement for Tract 15609. NCW, THEREFCRE, we, the Principal and Surety are held firmly bound unto the City of San Juan Capistrano, (hereafter called "Cbilgee") in the penal sum of Three Hundred Thirty Nine Thousand Four Hundred Twenty Five and 00/100 Dollars, ($339,425) 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. 06. 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 {NOTP AlZATION AND SEAL) By: PAMI LLC, its Managing Member By: Its: Jonas Stiklorius Authorized Siguatury SURETY: (NOTARIZATION AND SEAL) Page 2 of 3 APPROVED AS TO FORM: Hans Van Ligfeh, City Attorney NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 POWER OF ATTORNEY III- 20000322 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 $7,500,000 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. 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 Direaor 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 BEBOiB NOTAIY PUBLIC-STATE OF NEW YORK NO. 01BE6222764 Qu iimod tn Now Yotfc Count r My CommlMlon Ixoiioi Juno 01, 2014 _ erger Notary Public CERTIFICATE i, the undersigned. Secretary of IRONSHORE INDEMNITY INC., a Minnesota Company, DO HEREBY CERTIFY that the original Power of Attomey 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 24ih Day of March , 20 15 SeOTttry "WARNING: Any person who knowingly and with Intent to defraud any insurance company or other person, flies and application for insurance or statement of claim conulning 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." SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE 66499.2) Bond No: SUR20000322 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 15609 as defined within Amendment #1 and Reinstatement of the Subdivision Improvement Agreement for Tract 15609. NCW, THEREFCRE, we, the Principal and Surety are held firmly bound unto the City of San Juan Capistrano, (hereafter called "Cbilgee") In the penal sum of Three Hundred Thirty Nine Thousand Four Hundred Twenty Five and 00/100 Dollars, ($339,425.00) 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: Jonas Stiklorius Authorized Signatory SURETY: (NOTARIZATION AND SEAL) Page 2 of 3 APPROVED AS TO FORM: By ^ Hans Van Ligten, CltyAttomey NOTE: Please see attached Acknowledgement and Power of Attorney Page 3 of 3 POWER OF ATTORNEY III- 20000322 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 $7,500,000 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. 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. JUDY BEB6EB NOTAI Y PUBUC-STATE OF NEW Y( >RK NO. 01BE6222764 Qu itlflod tn NOW Yotfc count t My CommiMlen ixoiiui Juno 01, 2014 ger Notary Public CERTIFICATE I, the undersigned. Secretary of IRONSHORE INDEMNITY INC., a Minnesota Company, DO HEREBY CERTIFY that the original Power of Attomey 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 24m Day of March , 20 15 Sucretary "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." •* SEAL • 1B1B 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 seal. Notary Public Jalene Brown County of Residence: Sumner My Commission Expires: May 25, 2016 SEAL: BKMBHOItEIMXMNrrTINC rUMNCUl STATEMEMT SUMkUIW AiulD««llbw31.1l)U Bomb tauftfTwiitocIt* Common UMlii MeniH* lo«M on rool ootolo: Fkn Horn UctttH' >oon> on mol osnio: on« Ihon nm Umis Oropoftlot oocuiiloO by Vm company Pnoat<lotl<oMfmtlioi>rm><ic»onol)n<on>< ProoMtlotlmldformlo ClA.coihoqunm)MnsinOtbon-ton. invostnwnb uuni.729 0 K.HO.m a 9 9 9 inco piytMo on poU lenot ond fo« o rdmJtorchortoi OUw tbrnnm (oxdudinf taxoc BcMM* ond foof) Toxoc lloinut Hid taoi lomiidini fodml »>d toraiin Inamo Uxn) CuHHil fH*H»I and hn«%n Incomo UMs NUdolHndtalUidlly <2JS1,M< 0 Tajott ia23.7IS tAtlSSi 0 OUWfinvostHiaxina RHHvaUailHXOirtd Aomtotc wrttodns for Jnvonod ottttt Subtomb. odi and inimftod auou TiOlplninloul, Omrtodofl InvMtmafrt Itiamie duff and occrudd mlumsondKanu bolanaiintliffaninffofcollKadn bboolmdbutdfftffitffdaml imtyfflduff nmuffdrnre fundt Mid by or diiiodlod aM> ffflnaufad ampaiiiM OlMr amounts rffOobmWt undor rffbiluranoa contracts Amounts rffcfflvablff rolalinff to unlnsurad ptsns Currant fadara) and turalf n Ulcdmff tssfffcuvurablu and Intffnst tttsraon ItuldfftafTsdtusHfft Guaranty b toofHadaneilt C mdudinc baallb cHff dffbyffry sistn u in aiaffls nnd UnWIItldS duff u forBUn • am param, subsldlartes and atlUlaiffs Hraltb cara and olMr amounu racalvibia Aurafalt Mkadni tor dibar man Immstad Tptaltisfftsaiidui Accnunts iMs,S«ira|atadAocaui k SdBfffiatad Acsounts and Prolactad CM Acoowtts I74JOM54 9 »5«,1U M,JJJ479 0 9 39ja7,>2S 9 9 0 0 •.KS.bM 9 9 0 9 TOTAU ltnaam4d pramiums Advapca pramlum Cadtdralnsurancffpra Funds bald by compni fflnatotcH ncatraillas Amounts adtllMId or ranbiad by company tar account at ottitrs AamlRancffi and hams not allocatod Prmditan tor rabtsunnco ttat adjustmanti In amols and litbinias duo to toralin ffsctuntff ratas Drafts outstandlod Payablsupafffni. subildiartas and atWtous Oartuatlyas PayaWatnrsacurtttas Payabta tor socurttios tondtn* liability tor amounts MM undH unlnsurad ptans A(|ra|aUun«a-lnstiiriobllmas Total IMbWilasaadudliiiprutoctadrMliablMias PtPtactad caa naMIIIMt TptMllsbllltMt roucvHOiOEnn luwuis Aura«au amtff4m lot ipffdal surplus timds 7s,in.uo d4M7.5M s MtOdltfd L4a,is« U91940.11T Common cspltslstoe* FrfffffrrffdcapltfflitPct Aarattatt uirttff^ns tar pttmr than tpdcMllurplUI Surplus Notas Srosspaldlnan Untssl(nad funds (surplusl Suralijs as raturtb oobcyholdtfs {u.y».ss4i U9>IO.U7 CEinificAre I certify dial IM aboup IbisnclH lUumcnts to tM bed of my knoudtdlo am a mm and acmrata ratlactton of IM tlMiKial condltlen et tin Company as of OffCtmbffr 31.291S. Addltlonalty. I carDty that IM aboM Itnanelil statoments in In wraomam adm m> Statutory nnanital Stttamanis Ibtd wttti tMMpMlFPkVhpdlHPOni of iMuraffoyps otjpo tama data. CFO.VHTnasurH aodnrffrnlom>IMs?Myot y/^, P 'V ALYSSATURNOVnZ Nr aory Public. Steis o( NmvTbfk No.Wnie044514 aXndifled in WBStchesterOou^ iMommission Expires July ia aoia 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 evidence to be the indi\idual v.hose 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 LISA A, PHELAN Nomry PiiLinc. S!a;e o( 'slaw York Q:j.3l;fied in New VorK County Reg No. (J1PH6C92518 Commission Expires November 4 2017