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15-0421_Bond_LV Pacific Point_TTM 16751_SUR20000340RELEASEI -9 Date:. tppkUlfy/ Siqnatur&r i \ Ki \ x\r, j. i J\~f City Clerk\_, ^ /J ' I City of San Juan Caplstrano, CA SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.2) Bond No: SUR20000340 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 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 Fourteen Thousand and 00/100 Dollars, ($14,000) 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 Tohas Stiklorius Authorized Signatory Its: SURETY: (NOTARIZATION AND SEAL) Page 2 of 3 APPROVED AS TO FORM: /O By: Hans Van Ligten, City Attorney NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 POWER OF ATTORNEY III- 20000340 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, Jaiene 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 r jiiars, whicn tne company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution : :,uch 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 T"" 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 SEROER NOTAJ r PUBLIC-STATE OF NEW Y >RiC NO. 01BE6222764 Qu illflod In Now Yoffc count t My Commiulofl IxpliM Juno 01, 2014 tfget Nofiry 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 SeCTBUry "WARNING: Any person who knowingly and with intent to defraud any insurance company or c.ner 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: SUR20000340 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 ir.sta!! a.od ;::^^.,?'e+9 certain rtecignated 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 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 Fourteen Thousand and 00/100 Dollars, ($14,000.00) 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 arid 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, adminis .raters, successors or assigns, shall in all things stand to and abide by and well and t: jly keep and perform the covenants, conditions and provisions per City Council Resc jtion No's. 92-6-16-04 and 03-09-16- 06, on his or their part, to be ^^px and performed at the V ,ie and in the manner therein specified, and in all respe As according to the;, true .ntent and meaning, and shall indemnify and save harrrless the City, it:, offers, rjents and employees as therein stipulated, and, as necessary enter into a Subdivi^ on Agreement, then this obligation shall become null and void otherwise it shall be a ,d 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 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 (NCTARI ZATICN AND SEAL) By: PAMI LLC, its Managing Member Its: Jonas Stiklorius Authorized Signato:; SURETY: Ironshore Indefhnity Inc. (NCTARIZATICN 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- 20000340 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, Jaiene 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 suthorized '.c appoint and e.mpo.'.'cr 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 be! , duly sworn, did depose and say that he Is the Director of Ironshore Indemnity, Inc., the corporation described In and which executed the above i crument; that he executed said Instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. JUPY BEBOiB NOTAI y PUBUC-SWE OF NEW Y >RK NO. 01Bfi6222764 Qu ill»»d In Now Yoffc Count r My CommiMion Ixplm Jurw 01, 2014 ..otary Public CERTIFICATE I, the undersigned. Secretary of IRONSHORE INDEMNITY INC., a Minnesota Com any, 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 no* oeen revoked and the resolutions as set forth are now In force. Signed and Sealed at this 24ih Day of March , 20 -is Secreury "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 Jaiene Brown County of Residence: Sumner My Commission Expires: May 25, 2016 SEAL: nONSMWIIMXMMTyiNC nNMKMlSraTtMENTiUMMMt M$ETS BrvftfTMl stodu ComniMi ttbcU Mottgif«loira on rMl MUM: nm Nmt Ucntf lom on rwl MUU: OOur Oun Km lUni OUfuntM oaupM Ov to* GouoiOv ProooftlM 0*td for ttu production of tn<«m« Prooortlot bold for uU Clfh. caiO oqiWokrits Mid dMrt-urm Inrosbntnts CencroctlOMit Dortvodvoi OtOorOlvtsudixwti RocolvobUr for rooMftUs Socurldof londOis rtlnvtrtad coHotorol auoti f^rofou wrttMlru for inworud ottott SuOlouO. udi Mid inrocUd uuts ItMoUntrUui. Ouilodofl bnuroiiofit fncornt dot Mid oceriMd UncoOoetMloroniliirnlMidHMltl OMannslntluoouruoleillloctloil Ddfurad pranlumi, acants' balancoi and InruOuonB booOod but ddtMrad uid notyolduo Acmud rtlrelpoctlvt oromlunir Fundi hold by or d Othoromountiroi dcompknUi Arnounn rocdfvabU r«latin« u unliuurad ounl CurruntfodoraJand ferulcnbicoau ttxrocovtrol NotdofarrodtaxoHOt I and Intanait ttiarado GuMMity ruiidi racafvoMa dTMa dapoih Fomltura and aoidomaiil, hidiidint baaWi cara daUvaiy auan Nat odMuant In anots and liobMltlat dua u foral|ii aarbarua f Oaibl Mt. lublldlarlaa and itlUlalai Hailtb ura and otbar amounti racafvabia Adgrafata anttoHni for eOiar ffian Invaxtad ariati Total Bfsotsaadia Accaufiti a AccDunia. Sag ntatad A ULini.no 0 H.M0,90t 0 0 0 0 0 0 0 0 0 i7a.sas.4M 0 S5a,iu 49,131.970 0 0 30.907,915 0 0 4.605,499 0 0 0 t.l99J99 0 4,919,U0 170.41(495 intt. lasrasatad Account! and Frolactad Cod Accoiaiti TOTAU 1704M4S4 UAOItlTIB ftalnsunnca oavaMa oo paM lOdiM and lofs adiuttniam aapMnai i.cdfitbiianle« iiandodiarilllillMCliarsaa CTtbtf dMUniM laadudbN taaaa Ikailiaa Mid faaal Taaai. ioonua Mid Ibai |aadudbi( fadfral and fdfMin ineonn U>aa| oaTMil fadtfil and fondn bicoiaa taaaa itolcadindomnillhifdMl Unaamad praniiumi Aduancapfamluin Cadadralnuiancoora Funds bald by cumpany undaf faliuuranca traattat Abiounts artthfiald Of raulnad by compafiy for actnunt of odun IS Mid hafni not olfocattd PTOalslon fef rubiswanca Not adjusbnoiits In assots Mid iaUMits dua to lofalto ondianfa mat DsaftsuutstMidbK Oayabia w oastnt subddlMSat and iffUlatdi Oailvatlvas FayaMaforaaajslOas OayaOla lor sacurWot kndbn Uabllltv for amounts haW UMSaf unbisufad plans Adtiafsu wittaUns lorublllllas Tauniauabii aadudlnc pfinacud <aO OablMiaa Prouctad caO llabiUtits Total UaOIWias POiSCVHOLOEIeS SllltOUJS Adtfafau amtaOsM foripafSaJ tusplus funds 41453,999 0 7491465 715419 U55474 L929.7I6 6497454 0 25.999.110 44497494 0 1AS47491 1499.154 149,994449 149494449 11044O.U7 Common caplul stocA PiafoftuO capful stock AOUtau anlta.|ns for oOuf duo ipoclal sufplus SuroSusNottl Gross paid In and ddotrlbutad surplus Unasiicnad funds IsurplusI Surplus as raiurdt oolicvfieldon (14499444) 110440J17 ailTIFICATT I cerdfy dun tfu abova ftnanclal staumants to nu bass of my buudadfo a» a irua and acturau raOacdob of dw financial coodldon of du Compaiiy u of Oacambaf 3L lOU. AddWofiMly. I cofdfy diat die abouo flfUfidal sutMiuMla ana In aduaouM uddi du SutuUry Financial Sutamants IBad MtdiduHsnuiO t^silMsineHnsutaacaoiiifmuMmadala. Pi Glaaion CFO.VONTraasuuf and sworn M ma dda /s^x^<ji,v'n> ALVS8ATURNCMTZ Noiaiy Public, State of New KMC NOaOl7U6044514 Quedifled in Westchester Oounly Commiesion EMpirae JuV ia 2010 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 Notary Public. State of Njew York Qualified m fsieA York County Reg No. 01PH6292618 Commission Expires November 4, 2017