Loading...
15-0421_Bond_LV Pacific Point_TTM 16751_SUR20000337RELEASED Date: 5^44^4 City Clerk v City of San Juan Capistran< SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.2) Bond No: SUR20000337 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 follows: Storm Drain subdivision improvements within Tract 16751 as defined within Amendment #1 and Reinstatement of the Subdivision Improvement Agreement for Tract 16751. 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 Eighteen Thousand Seven Hundred Ninety and 00/100 Dollars, ($18,790) 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 iuch that, if Principal shall promptly and faithfully perform said improvement obligatir s within the fully executed and recorded subdivision improvement agreement, then ' ,e 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, a!! to be texed ss 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 By: Juuci? GtikloriuJ Authorized Signatory Its: SURETY: Ironshore Indemnity Inc. (NOTARIZATION AND SEAL) Christopher L. Dobbs-Attorney-in-Fact Page 2 of 3 APPROVED AS TO FORM: Hans VanTIgten, City Attorney NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 POWER OF ATTORNEY III- 20000337 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. 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 BEHGEB NOTA( Y PUBUC-STATE OF NEW YORK NO. 01BE6222764 Qu iiiflod in Now Yom count r My Commlitlon fxoirsi June 01, 2014 Notary Public CERTIFICATE i, the undersigned. Secretary of IRONSHORE INDEMNITY INC., a Minnesota Company, DC 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 re jked and the resolutions as set forth are now in force. Signed and Sealed at this 24th Day of March , 20 1S Secrvtarv "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." tlEAL *: SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE 66499.2) Bond No: SUR20000337 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 instail 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: Storm Drain subdivision Improvements within Tract 16751 as defined within Amendment #1 and Reinstatement of the Subdivision Improvement Agreement for Tract 16751. 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 Eighteen Thousand Seven Hundred Ninety and 00/100 Dollars, ($18,790.00) 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, agent? 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 Anthorized 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- 20000337 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)-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 $7,500,000 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 Director of ironshore indemnity, inc., the corporation described in and which executed the behalf of the corporation by authority of his office under the By-laws of said corporation. JUPY BEBGiP no being duly sworn, did depose and say that he Is the jove Instrument; that he executed said instrument on NOTAIV PUBUC-STATE OF NEW Y >RK NO. 01BE6222764 Qu lilflod tn NOW Yoifc Count t My CommlMion Ixpltot June o:. zz JvJjjerger ! - tary Public CERT iCATE I, the undersigned. Secretary of IRONSHORE INDEMNITY INC., a Minr .ota Company, DC HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect nd has not been re- ^xed and the resolutions as set forth are now in force. Signed and Sealed at this 24ih Day of March , 20 15 S«creurv "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 hoard 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: ROmHOKE WKMNIT* INC flHWiaUSTATIMDn StJMMUT *iclD»«l>«91,aiU 8rvf*rTMl ftodt* Comnon nocki MoniNI* lo«ra on iwl ..Utc: Rm Htm MtntH' °" iwl ••on: OOnE Oun IIITI Hroootttn omiNlod by tti« compuN PropottMt IMM foe UK produnloii oflneontt PioptilJoi h^d foe ulo Co*. CO* oquivolontc onO Ncon-Uffn Jrreoscmofltf Cofltrictloom OtfWf Inwmtndonots •ocohoUoi for coooMoc SoocrtMoc Ncidlnf rtlnvonoN col HforinvoNodoioOtl SoUotik. CO* and invoiM luon TiMpbottlouJ. Oioctodoff UncoaoctodpraffllumiOitdaitiiti bolincoilntliocounoofcolltclloo uuni.ni) 0 ».90o.nc 0 (A>I>A3< 0 0 0 0 0 0 174.SOMM 0 K4.1U w.ajATo iiMMuna Coaoi ftolnsunnoo poyabfo on pold loooK and loa 0 Ion adjiKtmtM aooniai CoramNNoni payoMt, oMiiKaiil cwninlalom and ollnr ilmllaf cfiaitac Othat aapanm taufudifn taxay. Hcania* and faaal Taxac loanMa and fOM (aacludfng fadaral andfoyaign ineoma laxaa} currant yadttal and farotgn Ineoma taaat NatdafertadtarllaUllly Ifnaamad pramiunii adyancaprimium Cadad ralniufanco prtmhinu payaMt loot of cadint eommlnlottil Futidt hak) by company undar rttruuranca traatWs dffloontaudtMcald or ranlnad by eompaoy for account uf otbutc Pamtttuncn and home not aflocatad Pfodilon tur rutmuranco flat adjuttmantc In anan and iablHtiaa dua to foralin Kcbantt tatat DiOliiiutslandlac 0 ussjm* l.«2S,705 0 44.a7.594 s a afanti' balancot and IrutaOmants booUad but d notyttdua araMa from rabiMaori fundi bald by OI dapoiliad udtti talnsuiad companiac Dtfiar amounti raoalvaMa undar rabtunatica contiacti Ameunti racalvabia rabtlni to uolniutad ptans Currant fodatat and foralffn bieame taa racovarablo and Intaratt Ifiataon Natdnfafradtaxataat Guaranty n iduiptn«lL Odiidint baaltb caro dabvary anrU it in anan and Uabdttial dua ta foratgn anfumfa ratac on paraot Mibcldiarlaf and afftllatas HaaMi cara and otbor araoonb racalvaMa daraiata unltoinc fof otftat tlian Invaxtad anan Total auau aadudlnd Satiarata accountc, Saptufitad Dcxounta and Pnxlactad CaP Accounti From Soparato Acxountx. 5 [X and Protactad CUi Acxxnatti 0 »J07,»2S 0 0 0 G a,ea5,bM t> c 0 (J93Ji9 a 4J29,lPO 270U2(4e PayaWa to patant. lubitdlailat and affUlatoy OatlvatlvM payaHatorxacuiltias Payablo foy cacuittlu bndlib UabWtv foi amounti bald undar unlnsurad plani aarapatt luittadna furtobllltlac ratal llibdlbaa axdiaUnp prutactad CM PalUMias PtMactud cab lutbbttel Total Uxbbltiai poucyMou>Eits5 ibitmus Aprapau umU4m lor iparial lurplof fiatdx UU.lSd 1a9.nc.2a ia3ac.2a 120340.117 n capital itocb Praftftud capttaiitotb Aarapata unltotns fUr othar ttian ipoclal Miplui JuipllII Notti Gron paid In and contributad curplut Unanlpnad tundl (nnplttil Surobn ac taaardi pobcytiolaan (14J9P354I 1203W.117 27D,a2C3M CEKTIFICATI I certify that tha above Ananclal itatiraents to tnu bet of my hitotxfodpo ere a mm end ercumb luflectlao of tho itnenOeJ condition of ttm Company u of Gtcaiubat 31.2013. AddWonaOy. I cartify tfiat Itm aboye fbiwlal itataments am In aptaamam wl» Aa Ctatolpry Hnandal Sutamantt Glad alGlaaicin CFO.VPXTraaiuraf 7^ *n4 (worn to mc tMt ALYSSATURNOVrrZ Notaiy Public. Stats of NewYMc No.0t'nj6044514 Quaniied in Wsstchester County Commiaslon Expiras AJV ia 201a