Loading...
15-0421_Bond_LV Pacific Point_TTM 16747_SUR20000330Signature: / \\X 6 City CterK V ^ City of San Ju^an Capistrano, CA SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.2) Bond No: SUR20000330 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: Monument 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 Eighteen Thousand Five Hundred and 00/100 Dollars, ($18,500) 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 WHERECF, 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: Its: J"";" ''^''-^-^ Auihu,. . . SURETY: Ironshore Indemnity Inc. (NOTARIZATION AND SEAL) Christopher L. Dobbs-Attorney-in-Fact Page 2 of 3 APPROVED AS TO FORM: By: ri40 Hans Van Ligten, Oify-Attorney NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 POWER OF ATTORNEY Ironshore Indemnity Inc. Ill- 20000330 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. •= SEAL ' 1E1« OaHleTL. SussrfiSn Director ACKNOWLEDGEMENT On this 7* Day of August, 2013, before me, personally came Daniel L. Sussman to me known, who beinr uly sworn, did depose and say that he Is the Director of Ironshore Indemnity, Inc., the corporation described In and which executed the above ins jment; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. JUDY BEBGER NOTAJ r PUBUC-STATE OF NEW YORK NO. 01BE6222764 Qu ttlttod tn Now Yolk Count i My Comndiilen ixpir** June 01. 2014 Ju^erger Notary Public CERTIFICATE I, the undersigned. Secretary of IRONSHORE INDEMNITY INC., a Minnesota Comp ny, 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' jen revoked and the resolutions as set forth are now in force. Signed and Sealed at this 24th Day of March , 20 15 Secrewry "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 materiaily faise 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: SUR20000330 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: Monument 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 Eighteen Thousand Five Hundred and 00/100 Dollars, ($18,500.00) 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 =nd in the manner therein specified, and in all respects according to their true int it and meaning, and shall indemnify and save harmless the City, its offers, ager .s and employees as therein stipulated, and, as necessary enter into a Subdivisior 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 By: Its: Jo;: '•nklorius AutiiL..-. -:. :':::natory SURETY: (NOTARIZATION AND SEAL) Page 2 of 3 APPROVED AS TO FORM: H^ns Van Ligten, CityT^rttoroey NOTE: Please see attached Acknowledgement and Power of Attorney Page 3 of 3 POWER OF ATTORNEY Ironshore indemnity Inc. ill- 20000330 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 BERCEH NOTAf y PUBUC-STATE OF NEW NO. 016E6222764 QU Hlflod In Now Yoik CountV Y|>RK My Commtiiion IXRIIM Jun* 01. 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 Secretary "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. Notary Public Jalene Brown County of Residence: Sumner My Commission Expires: May 25, 2016 SEAL: R<MSHOI)[ mCCMNm INC nWUKUlSnnMENTSUMMMT *sirtiiK«<<i>«ji,aiu frefmml stodu C«nniontudci MM1ta<ilB«nonn«lM1«H:Flrr MM UontHa NN» on rMl Mni«; Olh .r (han lint INiu Pre,wtl«seccupl«dWtl.«c*m,4 y PmamlaMtfhicttNiiniductlix aflnumi rtopMIMlMWforuM Cadi oNi •quNaNfm Md thor airr Invasmtfits CmncItoNn OtIWfil KnUnIt SdoKNitc iMKlinc rtlnwftac mllaltnl nuts danfsta wrltd^ni tor Idvt dad mmU Subtdlah. aili and invar id aaaats TWtpNntalauS Oiart«loll Nvaatniant Incdmv dwa and decnldd Uncddactddpramlvmtandadtno balancailntliaaourfaofcdllddttdn lavMi,™ ».Mo,m 0 0 0 0 0 0 0 c UANIUTHS USMt Mimaanca davabid on pdid loaada and Ion a II and Mkar NnillM Niattaa Ottidf aapaniaa (anlinlinc taina. hmiai and laall Taiaa, Ncanaaa and faaa (dadwdind fadaral and fdnlcn IftconM taaaat Cufranl fadaaal and fiira%a Incond taaaa NltdtldrradtaatablUy Untamad pramluma Cddtdralnauranop FididaMdliycomiii Anidonb vdOihald or ratilnid by caniMnv tar amnint of ddian Rarnlnancaa and Itama not ollodatad Vrevlltan tar rabwoanaa Nat adlmtmanta In anau and MilMtaa doa to loralin aatbaiwa n 42.tM.su 0 xraxna 1.823.T0S «U).su 0 2S,«t.l20 t4U7.»< 0 d bill Oatariad and Dararrad paamlunii. afanta* balaocdl and InataSnan nalyttdwa Aoniad ratroapactlva oramkima Anountl racovarr' la Nom ralniurara Fonda hald br o Jvpoaltad adOi ratnnirad comoaMaa Othar aidoun-i raoatyabta undar ralnaiavnca oontracN Unounta ra-.iMMa raMInf u unlnaurad plani CUrranl taoaral and taralcn Incoma t«x lacovarabla and Intarar Itiaradn Natdalanodtaaaaaat fioaranty runda racalvlbia or an dapoib f omtaira and aoidpnianl. biclinliiit hoam cart dadaaiY llaau Not odluattnant In aaaata and ttobHItlta dya to feralf n onbanfa ratal Kacalaablai Itoni paiant. aubaldlorlaa and aflUlataa HMltbcaraandotbar aiaountl raaataabia ddfiaf ata writadfta tar othar than htvactad ataata Total aaaata aadudind Saaiarata Accounts Sagracatad Aecownta and Frotadad Cad Acaouaita From Sofiarato Acaounta. Socrafnad Accowa and Frotactnd Cod Aoounta TOTAU 0 S0ja7,US 0 0 0 0 d.«OS,«t 0 0 0 (.TSSJtS 0 02S.U(I 27e>2t4tS 27I>A2<3« Fa yaUt to ptf ant. lubddlaraat and inUlatM Darlvaltaaa FavaWatarlaojdtlaa Faynbia for laniittiaa NMInt UaUIItv for amounb hdM undar anOtturad oUni Aura«ala anttadni for UHbtlaa Talal Ubdlbaa aadudln| protactad add Nabllitiaa Protactad cat llaWIMai Total Pabllltial FOUCYHOlDEIlyS JbtPUIS Auratan wntaOta lor apodal Miaplui fundi CJQ2.S4I LAtJ.lSt 14SUIi.2U USUtJH U<Ud0.tl7 Common capital lloct ^r*f*IT4tf CSpKsl Stock Auiaiau arrltafoa for Mbar dian tpodal lurplia Saiplui Nclaa Groia paid In and cdntrlbutad aorptaa Unaaalinad fundi liurplual Surphis as rctardt poacvboldtn IUJ9I.SMI UO.S40.U7 CFItTIFICATC I ccrtfty Ihl4 Old Udva AnwiclN ftnerunb to me best of my hnoadodto art a true and acniryto raflactfon of ttio flnondal condition of tin Company as of OtcOfflbar U. 20U. Adumanidly. I cirtlfy that Ibo abovd (InancIN atuamexb an In atlaomant adlb Iba Statutory Finandil Sutancnb Nad yrltFi ttio sainnsP9|b#tPdrimdni of Inauraocspi ofjpo larao data. • IQoaaon CFO.VPbTraaaurar 7^ ?2y.. A/y, p.<?/V life-4fcA=^*~ ALYSSATURNOVnZ Notary Public. State Of New \brt( NO.01UI6044514 QueAfled in WBSlchester Oourty Commiasion Bipiioa July ia aoiS 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. Signature and Office of individual taking acknowledgment LISA A. PHELAN Notary Pabuc, State of New York Qualified in New York County Reg No. C1PH6292618 Commission Expires November 4, 2017