Loading...
15-0421_Bond_LV Pacific Point_TTM 16747_SUR20000331RELEASED City of San Jucfn Capistt3no, CA SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.2) Bond No: SUR20000331 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- 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 foliows: Landscape 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 Four Hundred Sixty Cne Thousand Seven Hundred Sixty Three and 00/100 Dollars, ($461,763) 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. 06. 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: Authorized Signaioiy SURETY: (^NOTARIZATION AND SEAL) Page 2 of 3 APPROVED AS TO FORM: By.- M L Hans van Ligten, City Attorney NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 POWER OF ATTORNEY Ironshore Indemnity Inc. Ill- 20000331 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 BEWOiB NOTAIY PUBUC-SMTE OF NEW YORK NO. 01BE6222764 Ou illflod In Now Yolic Couni t My CommiMion fxptooi Juno 01, 2014 Notary Public CERTIFICATE I, the undersigned. Secretary of IRONSHORE INDEMNITY INC., a Minnesota Company, 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 been revoked and the resolutions as set forth are now in force. Signed and Sealed at this 24th Day of March , 20 15 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 criminai and civii penaities." SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE 66499.2) Bond No: SUR20000331 KNOW ALL MEN BY THESE PRESENTS, that LV Pacific Point LLC (hereafter designated as "Principal"), "), and Ironshore Indemnity Inc. . as Surety (hereinafter called "Suretv") 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: Landscape 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 Four Hundred Sixty Cne Thousand Seven Hundred Sixty Three and 00/100 Dollars, ($461,763.00) 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, succf ssors or assigns, shall in all things stand to and abide by and well and truly keep ar perform the covenants, conditions and provisions per City Council Resolution No's. 2-6-16-04 and 03-09-16- 06, on his or their part, to be kept and performed at the tirr , and in the manner therein specified, and in all respects according to their true ir ent and meaning, and shall indemnify and save harmless the City, its offers, ag-^ - its and employees as therein stipulated, and, as necessary enter into a Subdivisio , Agreement, then this obligation shall become null and void; otherwise it shall be and emain 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: Jonas Stiklorius Authorized Signatory SURETY: (NOTARIZATION AND SEAL) Page 2 of 3 APPRQ\ ED AS TO FORM: Hans Vantngfen, City Attorrrey—- NOTE: Please see attached Acknowledgement and Power of Attorney Page 3 of 3 POWER OF ATTORNEY Ironshore Indemnity Inc. Ill- 20000331 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. JUOY BEWeEB NOTAJ Y PUBUC-BTATE OF NEW Y >BK NO. 01BE6222764 Qulitmxl In NOW YotK CountV My CommlMlen ixpifvi June 01, 2014 Notaiy 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 15 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 NotaryPublic Jalene Brown County of Residence: Sumner My Commission Expires: May 25, 2016 SEAL: nONSHon wocMinTT IHC nwWCUlSTAnMENT MMMUV Inftcrttd stadu Conmon dacfci M on real MUM: Flm H«M o an real amu: Othar Itian fim Uafu IreparttM ooufaad by tha camHtar PrapaftlM MM tar tha prcMluctIgn of Incorna PraoarllMliaMtoriala Co*, cull aaufvalafltr MM dMM'tann Irrreitm OtftarlnvaludaxHrti lUcaMUM far laciaMH Miratsu wrfta4ru far inwartad auata Subtatala arii Mid Invastad auars THUoUntsltuS- Ouiladaff Oivailiaaiil fncaoia dua MM accruad mu balancai In Ifia cauru af eafiadfoo Oatarrarf praniJuinq ifatits' balaia nolyatdwa Ai ijuad rail iiifiai fill orainOioii yalMi hafd by or deporitad ahli rafluvrad camoaniM OfJiar aiaoiintt racafvabfa undar rafnuiranca contracts ints boobad biat dafarrad and Anetoits racafvabfa rafaffng lo lailiuuiar Currant fadaraf and faralcn fneama Us n ffatdatarradfuanat Guaranty n aorasdaoostt Fureltura aiM aaidpmaM. Indiidint baaflh cara dadvary aitau Nat adiuiuiant In issaa ind UabdltlM dua u laralln asefiMua ratal ftacafvabfas frarn oarant, suMidlartH and affUlatas ItadltllcaraandolfiBfamoants racafvabfa Afirafata anfta-fni for etfiar diMi Invartad assafs Taul afsati aadudlnd SaoaraU Accnunti. Sagratatad Aoeauno and Protactad CM Acceunts nSaoaraU Accounts. S d Accounts stM Protscud CM Accounts 0 0 0 0 0 0 0 0 D 0 G IICJOMM 0 154,111 49,aj,iro 0 0 IOJ07,a25 0 0 0 0 4.e«,u< D 0 0 cjiijn 0 4ja.uo inca 04vabf s on ooM fossas a •.condniantCM ottiar, 0 laxdudlnf nxat. bcansM and taM) isMMMfMrsMllMetiMgM Ttjon, HcantM MM fare lasdudini fidatal and faraiin Incnroa Usaal Cinrant tadaral and locafin bKoiaa UKM NatdafarradtuiibfUy Unaarnadpraffllums Advanca prarnium Cadad ralnturanca prsrnlunis pavsUa fnat of cadlfd cm Funds Iwld by tooipany undar rafnuranca IraalfM Antauols wKMMid or raulnad by conpany tar aocnunt of athatt Ramltuncas and ftarns not alfocatad Proyfifon tar ralnsufanca Nat adJustioMiIs InassatsandlibllllfMdualn fgrafgn ascMma ratas Oralis oinstandlnf Piysbls to psrtot. subddlMfM and •fTUIatM OarfyitlyM 42JSI.IW U55A174 1.>ZI.7(IS «,437Ji« 0 25,M*.U0 d4A»7W 0 payoMolotsocuiltiM PayabfoforsoculttlMls UobUtty for Mnmints fwfd WMor unlnsurad pfons Adirafote anftadns for tablfltlH Tout UcbllltiM Mdudlng prottctod cM NobinfM Proloctod cM llablWIdS Total NabfftbM poucmouiciisG niitpuis Auragau aonabis for spadal ucptus funds 1,4U.1M 149,UC,IU I49JWJI4 UtU40,ll7 Common cnpftal stocfc Profolrad capful stocfi Aaraitu ynltabis for otfior tlian ipocfal (inplut $uipfus Noras Gross paM In MM cm Ofturpll Surplus as Murdt pobcvfiofdln 70TA1S U0>S0,117 !70,4MJ» anTlflCAIl I ccrffPy tfiat dM Mova fbunclal statements to trie best of my fcnewltdto ore 0 frua orM accurate rafloction of tfia Gnoncfaf condition of tta Caoipony M af Oocombor II. nil AdHaonafly. I certify tfot Ifia above fbiMaSil sntamams are In acraamant adib fha statutory Fbiandat Sutamanls Mad III mi 111 I Tl iiiifafi tMariM sm III alGUacoo CPO, IfPATraasurar 7^ andcnamumathfc (^.d A/y, :ifJ/V /-YSSATURNCMTZ Notar Pub«c Stats of New YM( No.0tlU6044514 O AiRfied in Westchester Coia«y Cr nntaian BtpiraB 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 be the individual v,h„cC n..:nc 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 instrtimgivL Signature and office of individual taking acknowledgment LISA A. PHELAN Notary "ut in State of New York Qu.-X' lO New VotK County Reg Co. C1PH5C92618 Cor lOi!,:; i: m '-"•"pues Novomber 4, 2017 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 No'ap; P rbiic. State of New York Qualifiea T, Nevv Yor, County Flee :'.'0. G1 "HCG-Y'r; i g CornrvYision Expuss Hovsmber 4, 2017