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15-0421_Bond_LV Pacific Point_TTM 15609_SUR20000317RELEASED Date:. Signature:. City of^San Ju^aplstrano, CA SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.2) Bond No: SUR20000317 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: Street 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 "Cbligee") in the penal sum of Four Hundred Fiftv-Cne Thousand Five Hundred Fifty-Four and 00/100 Dollars, ($451,554) 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 By: -<P^fe^f^ Jonas Stiklorius Authorized Signatory SURETY: (NOTARIZATION AND SEAL) Christopher L. Dobbs-Attorney-in-Fact Page 2 of 3 APPROVED AS TO FORM: By: / Han NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 POWER OF ATTORNEY III- 20000317 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 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 DEBOEB NOTA» Y PUBUC-STATE OF NEW YORK NO. 01BE6222764 QuOllflod In Now Yotk county My CommlMlon ixoiioi Juno 01, 2014 jfger 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 is "WARNING; Any person who knowingly and with Intent to defraud any insurance company or other person, fiies and application for insurance or statement of ciaim 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." SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE 66499.2) Bond No: SUR20000317 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: Street 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 "Cbligee") in the penal sum of Four Hundred Fifty Cne thousand Five Hundred and Fifty Four and 00/100 Dollars, ($451,554.00) 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 ail 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 ail 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 successfuiiy enforcing such obligation, ail 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 see attached Acknowledgement and Power of Attorney Page 3 of 3 POWER OF ATTORNEY Ironshore Indemnity Inc. Ill- 20000317 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 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, IRGNSHGRE 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 IRGNSHGRE INDEMNITY INC. Director ACKNOWLEDGEMENT Gn 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 BEBCEP NOTARY PUBUC-STATE OF NEW Y4)RK NO. 01BE6222764 Qu iH«>d tn Now Yofk Count > My Commlithm ixplfoi June 01, 2014 Notary Public CERTIFICATE I, the undersigned. Secretary of IRGNSHGRE INDEMNITY INC., a Minnesota Company, DG 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 24th Day of March , 20 is SecrMary "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." 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 hoard 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: ItOMSHOItEINOEMmTTINC FUUfKML STATEMENT SUMMAflT AftofE)KMtb«rSl,XOU Pr«r*rrtd itodv Common ttodo Mertcac* ^oam on ml MtoU: Flnt Nam MortfM* toMt% on mi Mttl«: Othir than Rril li«u Evopcftim eccupM by th* cempanv PropMtiM h*M for tho production of Incoma Mtwidforsal* Caih. caih aqutMiknts and ihort-tmn InmtmMiti Contract loam EtertvativM Other Invmtodasmti lUoalvablH tor Mcurttitt Saojritim Inwllni r*tnv«t*d caltetaral auots A<g rotate writo4ni for Inmtad autti Sufatotah. catfi and invMt*4 asatts TWt planta leu $^. Charfed off Inveatmint Incoaic due and aceruad UiKoSectedp I balances tn the course of collectiM Deferred prefntuini, afentt* balancm and trdURmenti bookmi but deferred aitd not yet due Acoued retroipBCtlve premium • Amounts receveraMc from leinuvm Fundi held by or deposited whh relnaurtd companlei OttMT amounts reottvaW* uftder rtbiiunnoe contracn Amounts receivable reMnc to uninsured plans Current Meral and ferelch Income tax recoverable arul Interest (hereon Net deferred tax asset auiruItynMt Fumltunirrf* I. Mdudiiif hultti on 4ittvtrv lura IM •djunma.t In inm nd UdMltlM diM tn ft •Kdvibln ftom nntmt, <ub<ldlnri« ind itiUli HMRft eum nnd olftnr nmnuntt ndnlvtblt ddnsntn wrttn^M for nttMf dian Invntid usnts Total atstts axdudlix Snpanta Accaunti; Safracitad Aocaunts and Protictml Cad Accnuntt uunLTn 0 n.m.nc 0 0 o 0 0 0 0 0 0 174^03,454 0 954,113 49,131470 0 0 30507,935 0 0 0 0 4,405,553 0 0 0 64*3539 0 4*29,130 270426*35 a Acnaunta. SafntaUd AccaantI and Pniltctnd CM AacanntI TOTAU 270425*85 and otlMf similar eftarom UAiiunes tatmt ftdnsunnct pavaWf an paid laasat and loBt a lass adiustmant capMSM Cammisslani payaUa, candndanl aammlsslaa OOmt aaiiansas (axidiidiiid tnas. Ikansas and tans) Tanas, ioansas tiri IMS Indiidlnd fadanl and lan^n Incnmn Unas) Cumni fadani and ftiral(n Incama lanaa NndafairadtaniaUWy LlnaamM pramiums Advancapramium CtdM talnsiiranca prmnkima payaMa |n« at cadftm cammlislaitsl arcttratUas Firmis hald by campany iindtc Amawits wKMwM ar ratalnid by campam far accmiat of etftais bmlnainas and Hami not allaeattd Pratfiien For mbnuranca Nat adfustmaMa In aaitti and iabinbaa daa to fanaltn ocbanca raus PayaUa la parent. tubtldiaiSat and afflUatts 42453,933 0 7*32*85 725*19 2*55*74 1.821,705 5437*55 25,338,120 54437*94 0 6*02.949 PayaUa ftnancurltbrs PayaUt far HcurMts kndliu LabUltv far amounts hald u dpiiiis Addrcgata mtta^ns forlbbllltlas Tatalilsblmlas andiidlni pnrlMtd <UI NaUWiM Protactad cM llaUWlM Total aabUdit POUCVHOIOEKS* BtlVtUS AftrodaU tmta^as far spadal surplui funds Comman capital stock Praftrtad capital stack 1489,155 149435*53 149435*53 120*40,117 Aark84U »rlta4ns far albac thia ipacM surplus 5urplus N«4S Gross paid In and contrlbutad surplus Unasslcnsd funds (surplusi Surplul as raiurds poOcvftoldifs lOTAlS (15*93*541 120*4ail7 aiowcAn I ccrOfy tfiit tfi* dbawa ArwKlal statements to tfw best of my knowfadda art a mm and acoirata raflactlon of tba flnsndal condition of dm Campany as of OtcambM 31.2013. Addldasially. I certify tbat Old a CfO.yPATraasufac and swomlamc this My Mpmlsslon asplias: /^Aju^i^r^ ALV88ATURNCMTZ Ndaiy Public. StEds of NewTM 140.011^6044514 Qutffilled in VVbstehester Oounly Commiasion Btpires July ia 2018 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 he 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. LISA A. PHELAN Notary- Pub.-iC. State at New York Qualified .0 New York County Reg No. 01PH62926ia Commission Expires November 4, 2017 Signature and Office of individual taking acknowledgment