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15-0421_Bond_LV Pacific Point_TTM 16747_SUR20000329RELEASED pate: ^^T^f >( P pT City Clerk V., ' ^ City of San Juan Capistrano, CA SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.2) Bond No: SUR20000329 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: Water 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 "Cbilgee") in the penal sum of Two Hundred Thirty Five Thousand Seven Hundred Fifty Three and 00/100 Dollars, ($235,753) 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: Jonas Stiklonus Authorized Signatory SURETY: (NOTARIZATION AND SEAL) Page 2 of 3 APPROVED AS TO FORM: By: Hans Vmligton, City Attorney NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 POWER OF ATTORNEY III- 20000329 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 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 BEBCEB NOTAt Y PUBUC-SWE OF NEW Y< )RK NO. 01BE6222764 Qu itmod >n NOW Yoifc count t My CommiMion IXOUM Juno OJ, 2014 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 SccTMarv "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." SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE 66499.2) Bond No: SUR20000329 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 Counc'' .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: Water subdivision Improvements within Tract 16747 as defined within Amendment #1 and Reinstatement of the Subdivision improvement Agreement for Tract 16747. NOW, THEREFORE, we, the Principal and Surety are held firmly bound unto the City of San Juan Capistrano, (hereafter called "Obligee") In the penal sum of Two Hundred Thirty Five Thousand Seven Hundred Fifty Three and 00/100 Dollars, ($235,753.00) 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. NOW, THEREFORE, 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: Hans Van Ligten, City Attorney NOTE: Please see attached Acknowledgement and Power of Attorney Page 3 of 3 POWER OF ATTORNEY Ironshore Indemnity Inc. Ill- 20000329 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, Jaiene 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,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, 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 BEBOEB NOTAf Y PUBLIC-STATE OF NEW YORK NO. 0TBE6222764 OutlUlod in Now Yofk County My CommlMlon ixoitvi Juno 01, 2014 erger Nottry 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 24ih Day of March , 20 is Secrttafy "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 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. Notary Public Jalene Brown County of Residence: Sumner My Commission Expires: May 25, 2016 SEAL: nONSHOU mOCMMTT IK nHMKMlSTATniENTSUMMUr Araftntdstodu Gminion ita<u M«ntaii lowH on r««l Mtalo: ftnt NMU MoniHi loan, on fMl om»: Onv than Ural Hans It occupied by tho cofnpeny PrapamathaMfac Iho prnOucUoo ollncoma prapaMashnW for sate OthatlnvastaOassats oforlnvastadassots Subtotals, carti Mid inwastaa assati TWa plants lass S^. tSteifad off tnvastniant Inconit d«a and aecniad Uncoaoclodpntnlimsand^ants bal ncaslnthocounaofeellacljoo aacants'balaocostndit dbutdatatradaod iiotvatdua Aomad ratrespactlva pramlwms Aiaounts raeovarabla frata nlniuran Funds Iwld by at dcftetltad Mtth ratnsorad companlas Othar amounts racalvaMa unda, rabituraiim contracts Amounts tacatvabtc rctattrif to uninsured plans Cormnt fadasal and laralcn Incoma tu lacovarabta and Intarast thataao HatdatafTadtuanat tbuaanty funds K aafaodaposlt Fumltura and adulpmaM. todudint baaM, cam dilbiaiY astats Nat admstlaanl In aisals tod Uabdltlas dua to fpraUn amSmiva ram Haalth cara and othar amounts racatuabto A«|ratata sarttadnt far athar tfiu tawastad sssats Total assats aMdudbid Saoarata Accauntb Safrafated Aecaunts and Prtdactad Cad Accdunts Ffdm Saoarata Acmrunts. Satragltad Accounts and Prulactad Cat Accoants 0 M.S00.9M 0 0 0 0 c SjU.*2S 0 0 0 0 0 0 I74JOS.4S4 0 Hd.lll 4S.I3J370 0 0 »J0T,»2S 0 0 a 4j29.a<d inca P4vtbl4 on p4ld loasu and Ion Commissloos payabla, coittlnitnt cor irchar|u Othar axpansu taxcSudinc tuns. HoansM and fa«t Turn. Icansu and faas (ududtns fidaral and foral|n Ihtsma taxu) r.y-rant fKiKs! srd lcruW.1 IrKoma tsial NatdalarredtuaabHIly Unatmad pramiums Advanca pramhim Cadad ralnsuranca prai Funds bald by compam a Inat of cadlnc cemmtssloof) irancatrattm d or ratalnad by campanv far account of pthars hams not allecatcd Proytllon for ralmuranca Nat adlustmants In assats sod iablMtes dua to loralcn aschaiva cam Dtaftsoutstsndlof PtyaWt to parent, lubsldlartu and afrUlam OaHvatfvM <2.*S3.)U a 7M2ABS TlSJOti 12551774 1523.705 <.«37.5St 0 75.355,1211 a4.557A»a s PavaWatDrmcurtttu Payabla lot tacuthteali Uabtllty far amaunu hatd undar unlMurBd plans Adiraiatt anitaans for SoMlltlM Total PabWUu aadudinc ptrdactsd tad Pablllim Protaclad cat llablUdts Total NablUtiat POUCyH0l0£IIS5 StlltPllUS 1453,1S« M3J5<.2S5 US5KJS5 120.540,117 islorsoadaliwbluihMds Common capital nacA Piafarrad cspltal ttocb u fur othar than spactel surplui Surplus Noias Sroas paid In and conlrlbuud surplus Unaisltnad funds (surplusi Surplus as retards pnllcytKildaty (KJ35J54I 120>a0.117 (XllTIFICATE Icarttfylftelthdahoua kiwudadtdaraalruea «ms to the best of my actloocflhallnaiKiai condition df dia Comoany as of Dacambar 312013. AddWonally. I casOfy Chat tha above financial itataments are In affreemant adih lha 3latulory Rnandal Sutaments Ibed arith IhaSlnniiajUbuniiiilal Insuraaous of Be seme deti. J aeasoo^ '"^a-" CfO,UP»Trtaiulac eodnyerntomethla t Kof .A/y,:L<j/V ALVSSATURNOVnZ Notaiy Public. Stais of NewTM No.01irU6044514 QuaOfied in Wsstohester OounlH Commiesion Btpiree btoV 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 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 of New York Qualified in NeiA York County Reg No. OtPH6292ro8 Commission Expires November 4, 2017