Loading...
15-0421_Bond_LV Pacific Point_TTM 16747_SUR20000326RELEASED Date: ^UCxALl).- r\ Slgnature:7 t K V-hfV-^V 'OCyxW City Clerk IT City of San Jaan Capistrano, CA SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.2) Bond No: SUR20000326 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-Avenida California subdivision Improvements within Tract 16747 as defined within Amendment #1 and Reinstatement of the Subdivision Improvement Agreement for Tract 16747. NCW, THEREFCRE, we, the Principal and Surety are held firmly bound unto the City of San Juan Gapistrano, (hereafter called "Cbligee") in the penal sum of Eight Hundred Seventy Seven Thousand Five Hundred Twenty Four and 00/100 Dollars, ($877,524) 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 Jonas ^jtiklorius Its: Authorized Signatory SURETY: Ironshore Indemnity Inc. (NCTARIZATICN AND SEAL) Page 2 of 3 APPROVED AS TO FORM: By: Hans Van Ligten, City Attorney NOTE: Piease attach Acknowiedgement and Power of Attorney Page 3 of 3 POWER OF ATTORNEY Ironshore Indemnity Inc. Ill- 20000326 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. Carllle 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. Director ACKNOWLEDGEMENT On this 7' Day of August, 2013, before me, personally came Daniel L. Sussman to me known, who being d' / sworn, did depose and say that he is the Director of Ironshore Indemnity, inc., the corporation described in and which executed the above instr ant; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. JUDY BEBGEB NOTAI y PUBUC-STATf OF NEW YORK NO. 01BE6222764 Qu illflod in NfWYork Count i My CommlMlon Ixplioi June 01, 2014 Notary Public CERTIFICATE I, the undersigned. Secretary of IRONSHORE INDEMNITY INC., a Minnesota Compan\0 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 her . evoked and the resolutions as set forth are now In force. Signed and Sealed at this 24m Day of March , 20 is S«cm*ry "WARNING: Any person who knowingly and with intent to defraud a insurance company or other person, files and application for Insurance or statement of claim containing any materially false information, or conceals for the pu - se < .nisleading information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal ar, Jv' _.nalties." SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE 66499.2) Bond No: SUR20000326 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 - Avenida California subdivision improvements within Tract 16747 as defined within Amendment #1 and Reinstatement of the Subdivision Improvement Agreement for Tract 16747. 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 Eight Hundred Seventy Seven Thousand Five Hundred Twenty Four and 00/100 Dollars, ($877,524.00) 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 Jonas Stiklorius Authorized Signatory SURETY: (NOTARIZATION AND SEAL) Page 2 of 3 APPROVED AS TO FORM: H^nsVan Ligten, CityAltorney NOTE: Please see attached Acknowledgement and Power of Attorney Page 3 of 3 POWER OF ATTORNEY Ironshore Indemnity Inc. Ill- 20000326 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. Cariile its true and lawful Attorney(s)-in-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 DIrertor and the seal of the Company may he affixed by facsimile on any power of attorney granted, and the signature of the Secretary, and the seal of the Company may he affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall he 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 heir duly sworn, did depose and say that he Is the Director of Ironshore Indemnity, Inc., the corporation described In and which executed the above ir crument; that he executed said Instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. JUDY BERGEB NOTAJ Y PUBLIC-STATE OF NEW Y< >RK NO. 01BE6222764 Qu illflod In Now York Count t My Cemmliiion ixpliat June 01, 2014 Juo^erger Notary Public CERTIFICATE I, the undersigned. Secretary of IRONSHORE INDEMNITY INC., a Minnesota Compa /, 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 b ^n revoked and the resolutions as set forth are now In force. Signed and Sealed at this 24ih Day of March , 20 15 "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 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. Jalene Brown County of Residence: Sumner My Commission Expires: May 25, 2016 SEAL: nOHSHaltE INMMNm INC niUNCWLSTATIMansUllMMf AaafO«Nlkar31,ZIU Nr.f*fT«J rtodtt Connnon tlMfcs low» on iMl mum: nm Nmm MofttX* k»ni on ml Mnn: OOlir dun lint ll«u dropoftiM oouolod by ttu compooy riMd for du pnoduOloo o( liuonu l-Mun InmtnwnU Othd RocU.oMm for (ocorftiof Soovldts Nndinl roinvorlKl rotuioral auoti Aamatt rvrttofna for Invoiud rurtl Sobloafa. odi aid InmM •uao TidtdNnultuS. Ourlodofl InvaUniflnlinamf do* Hid KCnud if»f tulannt In tn« count olcotitcdoA Mlanad pianiluiai. afantl- dalaiuuf and InsuauanD boolcad but daftnad tod not vat dot Acniud rttroNttcdva pranthintt iidtt Fundi haM by or dapoaftad addi rafiuun Olbar ampunN racplviMa urufar rabiuaaiKP contract! Aippunta racalvabic rtMnp to unlniurad ptani Cui larit Failii il tad foialcn Incoma tax lacinnrahN and Intaract tbaraoo Natdafarrtdtaxatwt Guaranty fuodt rpcalvabi* or on daiMnIt Fumlturp and tduiprnaot, htdudint haalth car* dadvary auatc flot adjuctfnant in anats and Unbdttldt dut to ferttgn *»iiH«* rata! Racilvabl*! bom parant, aubaldlarlat and adUlataa Nadldi car* and odur amouata racafraM* Adsrapata wtttadna fnr otbaf dun hrvaatad aaaata Total ataata aadwdlad Saparata Accnunta, $4ffr«(ttad Aotnunta and Protactad Cad Account! 0 d 0 0 D 0 0 0 0 0 0 0 174.Sd3.4S4 t SSd.lU 43.332X70 0 0 3<IJfl7,»3S 0 0 0 0 4,4IS,tM 0 0 0 tXSSJM d 4X2S,JM 370X3tJ«S From Soparau Accnunta. Saftaf atad A Ralnsufanc* paytbia on paid lotaaa and loaa » InatadjuatmtMtapanaaa Cnmmitdpm payaMa, ctmdnianl commlailan and odur adnliai ctuipai Odua tipaniaa lattJuddif taxaa. dcanata and fatal Taaax, dcaniaa and fata fmOiMnt fadaial and tortiin incama ttxati Cunant fadml and Imlf Incnmt taata Nat daftnad tax Hxfadlty Unaamad pramluma Adyancapramium Ctdad ralmuranca pramkimcptyaMt but pl ctdbif cn Fundi bald by cxanpany undH lalntoranca traadaa AmMHit! uddibald nr raudtad by companv for acxnunt of oduf! Aamltuncn and html not allpcatad Ptordllofl fcr raWiiurancn Not adjuatmanta In aaaata and labllMaa dua ta fomldn axcfuidi* rata! Drafunutatandind Payablalopaitnc aubddlartaa and aftUUtaa PayaMa for ancuiltiat PayiMt fur aacurttlta lendPM 43XS3.9«> 0 73S«39 <X37XW 0 2S.3U.130 d4X«7X»4 0 UaMlity for amoonta haM undar pnlnaurad plaiu Adlradtta airftadna forCabUltlaa Taalilabdillaa axdudlni pntactad oril dablMlaa Protactad taHllaWlltlta Total babllltlaa POUcyHOiMpirsiuiiptos Adiradat* anta-lna for ipacial iwplua funds Common capital stocA PtafanadeapKalatoeb 1.4n.l3» 143XUXU usxwjtd 1MJ40.UT S.0QUJ3aO Auratau wrttadna for odur dun ipacM lurpluc SuiMuaNotta Grot! pold In and contrttxitad ojrplut Urn ladfua lua) Surptua at rcitarda poPcvtKddan TOTAtS 120X40.127 27DX243K CtSTlflCATl t candy tPiat ttu abovp Ibundal atdtemema to the best of my knoarttdtt ar* a but ind acoirxta raflaction of tba firundil coodWon of tba Company at of Dtcambtr 312013. Additionally. I catWy that die aboK tbundal atatnnunta ara bi aitaamint adtb dta sututory Hiuniial Sutamanb Wad yrttb tbaaiMilipHMibp am am of InturaaosAa of J alGUaun CFO.VbdTriaaurar andawomlomadda ALYSf .TURNOVrrZ NotaiyPur ^StatsorNewYbifc Mr 011U6044514 QuaRfier in Westchester County Commir xon Bqjiree aluV ia 2016 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 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 LISA A. PHELAN Notary Public State o* New Ycrk Qualified tn New \ k c.--,-ty Reg No {)'• "hc •'H/e - -; Commission Expeee N,• • e .