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