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15-0421_Bond_LV Pacific Point_TTM 16751_SUR20000338RELEASED Signature:V_ij^.^V V V>f p^£4 City Clerk V.__ City of San Juan Caplstrano, SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.2) Bond No: SUR20000338 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: Sanitary Sewer subdivision improvements within Tract 16751 as defined within Amendment #1 and Reinstatement of the Subdivision Improvement Agreement for Tract NOW, THEREFORE, we, the Principal and Surety are held firmly bound unto the City of San Juan Caplstrano, (hereafter called "Obligee") in the penal sum of Twentv Two Thousand Seventy Three and 00/100 Dollars, ($22,073) 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 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. 16751. 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 (NOT RIZATICN AND SEAL) By: PAMI LLC, Its Managing Member By: Its: Jonas Stiklorius Authorized Signatory SURETY: (NCTARIZATICN AND SEAL) Page 2 of 3 APPROVED AS TO FORM: Hans Van Ligten, City Attorney NOTE: Please attach Acknowledgement and Power of Page 3 of 3 POWER OF ATTORNEY Ironshore indemnity Inc. Ill- 20000338 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. Carllle 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 Dirertor 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 uly sworn, did depose and say that he Is the Director of Ironshore Indemnity, Inc., the corporation described in and which executed the above Inst jment; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. JUDY BEBGEB NOTAt Y PUBUC-STATE OF NEW YORK No. 0YBE6222764 Qu itlflod In Now York Count r My CommlMion ixpliM Juno 01, 2014 Notary Public CERTIFICATE I, the undersigned. Secretary of IRONSHOhE INDEMNITY INC., a Mlnnesor^ Comoan' 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 r ,,d has not be? revoked and the resolutions as set forth are now In force. Signed and Sealed at this 24ih Day of March , 20 15 Stcretary "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: SUR20000338 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: Sanitary Sewer subdivision improvements within Tract 16751 as defined within Amendment #1 and Reinstatement of the Subdivision improvement Agreement for T'- xt 16751. NOW, THEREFORE, we, the Principal and Surety are he' fin xnd unto the City of San Juan Caplstrano, (hereafter called "Obligee") in th pe sum of Twentv Two Thousand and Seventy Three and 00/100 Dollar? ($22,C '3.r lawful money of the United States, for the payment of which sum we nd truly to je m-"*-^ ' ourselves, our heirs, successors, executors and aci istrator jointly severally, firmly by these presents. NOW, THEREFORE, the condition of this iig? c is such that if the above bound Principal, his or its heirs, executors, admi era ? uccessors or assigns, shall in ail things stand to and abide by and well an^ ui e and perform the covenants, conditions and provisions per City Counci' Re ^' •> j's. 92-6-16-04 and 03-09-16- 06, on his or their part, to be kept and perforr j ai t' . time and in the manner therein specified, and in all respects according to t s intent and meaning, and shall indemnify and save ha .liess the ^'^y, '• jr agents and employees as therein stipulated, and, as necessary enter .•uO a 5 K /ision Ag eement, then this obligation shall become null and void; otherwis shf y a ema in full force and effect. 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, ail 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 Jonas Stiklorius Authorized Signatory Its: SURETY: ^hfistopher/i^. ^ob^;?^ Attorney-in-Fact (NOTARIZATION AND SEAL) Page 2 of 3 APPROVED AS TO FORM: By (^M^ Hans Van Ligten, City Attorney NOTE: Please see attached Acknowledgement and Power of Attorney Page 3 of 3 POWER OF ATTORNEY Ironshore indemnity inc. iii- 20000338 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 21"^ 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 $ecretary, 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 d; y sworn, did depose and say that he is the Director of Ironshore Indemnity, Inc., the corporation described in and which executed the above instrr lent; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. JUDY BEHOEB NOTAt Y PUBUC-STATE OF NEW YORK NO. 01BE6222764 Qu itUlod in Now York Jount i My Commlitlon ixplrot J: ne 01, 2014 Notary Public CERTIFICATE I, the undersigned. Secretary of IRONSHORE INDEMNITY INC., a Minnesota Comp ly, 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 .-en revoked and the resolutions as set forth are now in force. Signed and Sealed at this 24th Day of March , 20 ts PMilS.GiaMano 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." - SEAL " 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. Jalene Brown County of Residence: Sumner My Commission Expires: May 25, 2016 SEAL: nOWHOItC INOCMMTir INC nWINCUU. STATEMENT MMMMT *«<HDlinbN»l.»U ASSETS Common <tA<Al Monsaco loMu on ml oauto; FInl N«m MortsM" loona onroalaataloiOlharltiannnt Uam Prooartlaa occuplod by Iho company Propoftlot haw for tba pf oduobon of Incoma •TopoaUoaholdfaraalo CaAi. caafi aqufvakflta apA Pion-tann invaumants Contract leana ISarivatlvta cxnct armnaO aimti SocplnMm lor atcurttka Soonttim Itndins ralnvpatad cpllatara] auotx fkiraffatc wrtto4na for InypstoA aiaati Sabtolali. caib anil InytfttA aiata TitlaplainalouS OmitaAon Invaatmant fncomt Oua and acmmA Uncoftoctodpramlumaandacanta balancaa In tfiocourso of caflacrloA Dofacrad pramluma. attnta- balancaa and InsuHmanta booAad but d nolyttdua Aciniad rtboipactlvt prambims Fonda hafd by or dcpoiftad loftfv rabiaurad companfaa OtlMT amounts racalvabia undar rafniwanoa cootiaeta f lounlnfuiadblBna Currant fadsral and foralfn bneema tax n ffatdafafiadtaxaaiat Suaaanty tunda rscalvaUa or an dapoill Pumltura and aquipmant. hadudinf fiaaltb cara dadvary Bisata Nat adiuctmant jn aisats and llablf ItJat dua to foral(n ajobai^ ratoa AocofrmUoa lltmi ptram, aubaldlariat and aflWataa Haaltbcaraandolfraramaunta racafvabfa Aaiafata Mrrftadns for ollraf than brvastad aiitts Total aaaats aadudliN Sapamta Acxouota, Sofratatad Accounts and Pre Acceunta From Saparata Accounts. Sofra«Btad Accounts and Pmtnctnd Coa Accounts TOTAIS 0 0 0 0 0 (.SUdTS 0 0 0 0 174i05AS4 0 SS4.S19 49.291.S70 0 30J07,»2S 0 4,C0S,tU 0 0 0 t.29SJS9 0 44a,iM 27042S4SS 270A2t4SS Urnat ANnsuranca payaMa OP POM loaiaa and lota odliMorant oapanaas Lots adjust ccotttiniantcoi rdmlNrcfiaiioi Otfrar oaponaot {BuhMfirrf taxat. Moacrioa and faaaj Tajtsa. Kcantaa and faaa Itricludfns fadaral and Forafin incacna lanaaj Currant fadtral and Imalfn bicoma taaai Natdtteriadtaallaiilaty Unaartiad pramluma Advanca prambtm Cadad talnauranco pramlumt paytMa fnat of cadirrs commfadboil Fundi lialdbvcompanyundif rafnanranca traatlas d or ratalnad by compMY for accDunt af otfrara Mmmancaa and bami not sOecatod ProvlaionlOrralntunnco Nat adjuctmantr In Btaatt and IkblMias dua to bialsn ascfransa ratal Dfallsoutataiidlnt PayaUa to parent, aubddlnffas and affUlatas t24S9.9W 0 79>S24SS 72SX)I3 24SSAI74 l.a29.7IB iA37SSt 2S,9««,XJO 444S74»4 0 t402.»49 Payabfa for Mcurttias PayabttlbrttcurttlatM UabUlty for amounta Irafd undar onbttursd plana AdSrapata notta^nafof tabdltlas Total babWtlaa aadudlrr( protactad cad dabmbas Protactad cad llabUtial Total dabdWai PQUCYHOIOE dSS itj WtUS Autasata wntalm for ipacial HOtdui hmda 1.4SJ.1SS 149.SSS4tS M9SSC4CS Ut)440,U7 common capftal itocd Piafarrad capital ctocfi Actiatal* rrnltadns fnc athac than ipadal tundul SurpluaNotar (Von paid In and contrlbutad turpha mad fundi (twplusl Surtdus ai rcAardt pobcrdKddin TOTAIS (UJSS4MI 120440.117 270,a2S3St CEftTIFICATE t tanffy that tfra abova llnanclN ifatemants to dre best of my Eooudadsa ara a truo and acoirato raflactlon of tfia flrundal condition of tho Compnoy as of oacambaf 91.2013. Addidonatlv, I coftify that tfra abova flnonclN statomairti am Ni astaamtnt Mlh the statntory FInandal SUtamana Nad nrftfi tfia TWnmPffi Ndpitamlm of InsuraocqAi of^ lama data. CFO.VPSTraaiurar andnaamlomatfilt UyMMUIon ^caK_ UJ&AI 8 ALYSSATURKOVnZ Notary Public. Stats of New )IM No. 011^6044514 Ouaiffled in Wsstchester Oounly Coiiiniaalun Bqairea July ia 8016 SI ATE OF NEW YORK ) ss.: COUNTY OF NEV. YORK ) On he 1st day of April in the year 2015 before me, the undersigned, personally appeared Jonas S klorius, personally known to me or proved to me on the basis of satisfactory evidence to be ihe individual whose name is subscribed to the within instrument and acknowledged me that he/she executed the same in his/her capacity, and that by his/her signature on t' instrument, the individual, or the person or entity upon behalf of which the individual act J, executed the instrument. Signature av.d Office of individual taking ackno wledgment LISA A. PHELAN Notar.' - ihiic. State of New York Qbci'' -a 41 New York County Rf ; No 01PH6292618 Commiss on Expires November 4, 2017