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15-0421_Bond_LV Pacific Point_TTM 16749_SUR20000333RELEASED Date: d f^'" Signature: /"/ ^A-T City Clerk _ T City of San Juan'Caplstrano, CA SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.2) Bond No: SUR20000333 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 16749 as defined within Amendment #1 and Reinstatement of the Subdivision Improvement Agreement for Tract 16749. NCW, THEREFCRE, we, the Principal and Surety are held firmly bound unto the City of San Juan Caplstrano, (hereafter called "Cbligee") in the penal sum of Fourteen Thousand Five Hundred and 00/100 Dollars, ($14,500) 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 taAcb 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 By: PAMI LLC, Its Managing Member (NOTARIZATION AND SEAL) Its: Authorized Signatory SURETY: (NOTARIZATION AND SEAL) Page 2 of 3 APPROVED AS TO FORM: By:(i Hans Van Ligten, City Attorney NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 POWER OF ATTORNEY III- 20000333 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 Ce.v.,:.i;iy is hercL', '..:i ; ::-d to appoint and empower snv reoresentative 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 du^ sworn, did depose and say that he Is the Director of Ironshore Indemnity, Inc., the corporation described In and which executed the above Instrur ;nt; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. JUPV BEROEB NOTM Y PUBUC-SUTE OF NEW YORK NO. 0UE6222764 QUI ilinod In Now York Count f MY CommlMion ixplrot June 01, 2f 14 Notary Public CERTIFICATE I, the undersigned, Secretary of IRONSHORE INDEMNITY INC., a Minnesota Company JO 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 bee revoked and the resolutions as set forth are now in force. Signed and Sealed at this 24th Day of March , 20 15 SecrMsrv "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 an;: civil penalties." SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE 66499.2) Bond No: SUR20000333 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 16749 as defined within Amendment #1 and Reinstatement of the Subdivision Improvement Agreement for Tract 16749. NCW, THEREFCRE, we, the Principal and Surety are held firmly bound unto the City of San Juan Caplstrano, (hereafter called "Cbligee") In the penal sum of Fourteen Thousand Five Hundred and 00/100 Dollars, ($14,500.00) lavYfui money of the United States, for the payment of which sum well and truly to he made, we hind 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 hound 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 he 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 /.greement, then this obligation shall become null and void; otherwise It shall he and re nain In full force and effect. Page 1 of 3 BE IT FURTHER RESOLVED: 1. As a part of the ohilgatlon secured hereby, and In addition to the face amount specified therefore, there shall he Included costs and reasonable expenses and fees. Including reasonable attorney's fees. Incurred by City In successfully enforcing such obligation, all to he 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 he 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: By/%'J/ •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- 20000333 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,SCJ,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. #5^ Oanlen. Sus Director ACKNOWLEDGEMENT On this 7* Day of August, 2013, before me, personally came Daniel L. Sussman to me known, who being duh sworn, did depose and say that he is the Director of Ironshore indemnity. Inc., the corporation described in and which executed the above instrurr nt; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. JUPV BEBOIB NOTAf y PUBLIC-STATE OF NEW YORK NO. 01BE6222764 Qu ilUlod In Now Yofk Count t My CommlMlon ExpliM Juno 01, 2014 -c^erger .Notary Public CERTIFICATE I, the undersigned. Secretary of IRONSHORE INDEMNITY INC., a Minnesota Company, J 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 -voked and the resolutions as set forth are now in force. Signed and Sealed at this 24th Day of March , 20 15 PaulS.GiSSiS 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." 1919 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, 2015 SEAL: moMSHoniMKMNm mc nHAMCUl STATEMENT SUMEWIIT A>«f(lK««b«Sl.>SU ««2 Bonk TrrfHTMl stBdk Common tlACki MortlMO lom on ml MUtt: Flm Nom UentH' lnm» on ml oraio: OlliH Dun nm Umu Eroooftlot occupM by tho company ProporUoi Mid foe Urn ptoducUon of Incoma OrooofUoiMMformla Cod,, caih aouhmlofiB and dion-utm Irrmstmanti Contract loam Doriyathmt IXMtlmmitodmioti Meatmblaifoaracuntial Sooadlm londlns rolnvaltod colltttrat auots Acgrafatc wrltoTni for inmtod ouoti Sufatotah. cad, and invaatad aiaati TMalilinulauS Cha,|adoff Immrtmcnt Incatna duo and accniad UncoMctod pramlumi and asaftti balancm In tM covraa of cdflocddn ui.mi.7n 0 M.«».M 0 0 Q t V 0 0 174.S0S.45a 0 »54,11S 4S,U2S70 Mlmuranca payabla on paid lofsaa and lo« a loti adimtmant aaponiai l.cantln|antcal rrtMryas OtMi urn |a«dudin» taxai. Pcamm and liaal Taaai. Ecamaa and fOai (tadudlnl fadaral and foralf n Incoma ti 0.-Trnr fadaral and foraVn Incoma cm, Nttdatefaadtaallablllly Llnaamad pramlumi Ml Cadtd ralmuranca pramlumi payaMa (Ml of cadUig cof Fundr Mid by company undar ralnauranca Imtlai Amountr udtbhau or ratilnad by company for account of dtMn Mmlttancm and barm not allocatad Provlnon for ralmuranca Hat adluctmanti la arnan and EiblMias dim ta focalin aadunia ratal Dialtiuutitandlnt 4Uss,Ma 0 1.823,71s dS375M 0 2S.388.120 44S87S84 0 I. aftntl'Mltncm and InlUHmanti bodtad but d notyaldua Acouad ratrmpactlva pramlumi Funds bald by or d Othar amounts ra, dnf lounlruuradptaru Currant fadaral and foralcn bicom* tax rm NatdalarradtaxaliUt Ouaranty fundi racalvaWa ur an. daposlt a aiul Intaralt ttaaraaf. h cara da Uvary aiscta Nat adjuitmmrt In aimti md UaUlltlm dim » b n pannt. lubildlaiiaa and affuiatm Haalth cara and utfaar amounts racalvabfo Aff rapata wrtta4M for olMf tfun tanmstad aisats TotBt allati aadudlnd Suoanta Accounts. Sattafstad Accounts and Frotactad CaP Accounts d Accounts and Frotactad Oal A 0 30j07,825 0 0 0 0 a,t0S.U8 0 0 0 tJ*3J83 0 4J23,180 27aS2C48S 270.42<J8t Payitli 10 parant. subsldlarltt and afflllam Dartvatbras csa2.Ma Payabla fmaacurttsas Payablttoclacurttimlf UabUttvforamtiunts AurafataunltaUmI Total UbWdaaamSin Frotactad sal llabWtiei Total tabWriat FoucyHoiDEnss smtpius Afirafata wntoTm for sparial surplus funds Common capital itocb 1US3,2S< U9S8S.3C8 149S88JE8 U0S4O.11T Aaratata urrlta4ns for MMr i!un spadal surplm Surplut Noras Gross paid In and eontrlbulad surphjs Uoassl(nad funds IsurplusI surplus as roiank psXcvholdtn (MJ885S4I I2OI0.217 270,428388 CIKTlflCATE I certify that tbt aboup llnaiKlai ttalciMnts to ttw best of my tawudadao ara a tnro and accurata raflacdon of tM fiMndal condition of dm Company as of oacombor 31.2013. AdHdotmlly, I cistlfy that Ihe abme fltwclal statomants art In airaaiMm ntd, gat Stiuitory nruruial Sutamank Mad arltbtMWIanuall#8>asanamotlnsusaaeansofmosamada,a. CFO. VPATraasurm ah^SUfunlsslos, arakmu. .A' i'SS// /KFC> xOi//* ALVSSATURNOVnZ \jatary Public. State Of NewYbfk No.01TUe044514 Qualffled in Waslchester Counte CommissiQn Expiraa AiV ia 201S 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 indi'bd""] i'tio^e 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