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15-0421_Bond_LV Pacific Point_TTM 16752_SUR20000343RELEASED Signature:/_JLi«-^s:y:f-^ gS;ol^an3;iirfCapistrano^:A SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.2) Bond No: SUR20000343 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: Storm Drain subdivision improvements within Tract 16752 as defined within Amendment #1 and Reinstatement of the Subdivision improvement Agreement for Tract 16752. NCW, THEREFCRE, we, the Principal and Surety are held firmly bound unto the City of San Juan Capistrano, (hereafter called "Cbiigee") in the penal sum of Seventy Cne Thousand Cne Hundred Eighteen and 00/100 Dollars, ($71,118) 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 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 Bv: Its: Jonas Stiklorius Aiithnrized Signatory SURETY: (NOTARIZATION AND SEAL) Christopher L. Dobbs-Attorney-in-Fact Page 2 of 3 APPROVED AS TO FORM: By: Haris Van Ligten, City Attorney NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 POWER OF ATTORNEY ~ III- 20000343 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. Cariiie 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, 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 6ER0EB NOTAJ Y PUBUC-STAT6 OF NEW YORK No. 01BE6222764 Qu ilHlod In N0» Yotic Count r My Commlialon Ixplio* June 01. 2014 Ji^^rger Notary 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 revokf d and the resolutions as set forth are now in force. Signed and Sealed at this 24th Day of March ,20 15 "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: SUR20000343 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: Storm Drain subdivision improvements within Tract 16752 as defined within Amendment #1 and Reinstatement of the Subdivision Improvement Agreement for Tract 16752. NCW, THEREFCRE, we, the Principal and Surety are held firmly bound unto the City of San Juan Capistrano, (hereafter called "Cbiigee") in the penal sum of Seventy Cne Thousand Cne Hundred Eighteen and 00/100 Dollars, ($71,118.00) 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 ir such that if the above bound Principal, his or its heirs, executors, administrators, si xessors or assigns, shall in all things stand to and abide by and well and truly keep nd perform the covenants, conditions and provisions per City Council Resolution No 92-6-16-04 and 03-09-16- 06, on his or their part, to be kept and performed at the ' ne and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save hr.mless the City, its offers, jgents and employees as therein stipulated, and, as necessary enter into a Subdr ,sion 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 io be taxed x 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 (NOT/ vIZATION AND SEAL) By: PAMI LLC, its Managing Member Jonas Stiklorius Authorized Sien..iorv Its: 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- 20000343 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. Cariiie its true and lawful Attorney(s)-ln-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and ail 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. JUDY BEBCBB NOTAH Y PUBUC-STATE OF NEW Y( >HK NO. 01BE6222764 Qub»m»d tn Now Yotfc County My Commlitlen txplfvi June 01, 2014 Notary 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 is SxcTMary "WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, fiies 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." I Y^„. "IBIS 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. Jaiene Brown County of Residence: Sumner My Commission Expires: May 25, 2016 SEAL: nUMBHOM INOCMMTT INC muNawsTNTniENT suMhuar Borah Prvfcrrcd itodc* Common ttMfci i» on K«*I •mio: OttiM than tlret Ikra n oGcupltd by th* company PropMUts h*ld for th* production of tncom* P|rop*ni*ShcWfDri*l* Caih. cuh «qiihmk«iti and thert-tam Iftmbnanb Contract toun Other Imntodaswb RocoivablnforMcufMet Sccanftka Iwtdinc r*lAV»(t*d cotlataml awtj Acir»gatc wrtte-JiM for inv*st«d tisott Subtotab. cadi lod Invoflad ata*tl Tfttc plama teu . Chaiiwl olT Immstnitnt tncoait do* aod vecnMd Uncoll*ct*dpr*fnlumiBndBc*nti balancw in th* court* «fcall*cilon D*l*rT«d prmlum^ «c*nts* balaiMOt tnd IntUBminb boati«j but defwrwl and Mtyeidu* Fundi htfd by or depodtMl wfth r«tnwr*d cempaniat DtlMr amounti r*«atvaWt under rtbiimnc* oofitram Amounts mafvable rcMinff to wnliwurcd ptaru Curront fmteral and fervtf n Inoome taxrecowabt* BMI tnt*r*tt thereon N>tit«l*rT*dtuais*t Ouamntv hjodt recatvaW* won dwnH fumhuro end oquipm«ni. mduding bMttb car* defivtrv tueu Not adMtmwit Jn anctt and UaWnkt due to fDr*i|ii •xthamgw ratn FtKahmUes from paront, lubtldlarln and affUiaies Heatth csra and other aniountt recehfaM* /tiimin NNMIN tar olMf Nun Invnud unti Total Msats aadudliic Boturata Accountt, Sag rafatad Aaaunts and Oratactad Ctd Attounts From Sagareta Accaunti. V d AcaaantA and Frolaclad CM Adoamta M.NO.W( 0 0 0 0 0 0 0 c 0 0 0 »A,U» 0 0 0 0 0 0 4,«IS.tM 0 0 0 C.293JM 0 43a,)M J70.4164K Ralimaania pivtUf OA p4ld lonas and Ion idJudiMftt txpamat Loo adiMitniam updnidi ONitr I. caottnitnl caramluloni and o udind taxaL fcdAMt and lna«l TdmlNrcAargai Tajax Acanuf and ta« |«d»din( fidaral and tarailn inouu uui| ClKTcn! iMnfa: tnd fwolffn Incorat Ujcol Hat dafarrid to Raldllty Unaarnad prainiumi Advancaprtrnhiin Cadtd ralMuranca ptantliani payaMa (not of catSng cefninhiJar»l TutdsNtldbv tantpiny undar ralnJuranca traatfat Aniopoti wttMuU at roalnad In canpany tar accapnt of othan Ratnmancai and Itafflt not allocAtad PratdiiaAtartalnuaanca Hat adAtxtniHits In oaao and lablWias dua to fatalgn tadupda rat« a24S3,>M 0 7T><2ASS 72SA>1S 2JU.N7a 1.U3.7IB 6.437 JS» 0 S,3U.120 aa«7,5»a a DtaftiauBtandliK Aayabiali PayaMa lot McuriUai PayaMa tar lactiittiaa leodlat UaMlltyfeiainDpntahaM pndaf u Awrag ata wrttadna tar MMUlta TaUIUMiniaa aadudlng ptataclal Bdatani PralactadcaglUbllitiat Total NabUtiaf POucyHOiotliys sititptus 1.AU,1M ta9.gg6.3U ia9U6.266 130340.117 nbrtpahalnapliHtandt COrainon capital ftacA Piatarrtd capHalitacA Aaiagau nrltaafu fra athtr Oian ipatlal Maphd Sarplua Natar Groiy paid In anr contrltiutad MrpliB Unaaalgnralt. .nluaplu) SurtliBBir .faipoScyhMdtn (16J9g.SS4| 130.340.117 CEKTIFICATT I cartdy that tha ahow flninclal ftaternents to Vw best nf nr.. knataladga ara a mia and accurate raltactlon of tna Itnanotl candman af lha Caatpaay at of Pacanbor 313013 Addltlanally. I cartNy that lha atewe flnnlH ttitnmanta no biagiatfnantwIlhNia statutory OnancialSuaraan'.- taad atltn BugNtaiggBUginalliilaS Insuraacaa' alfaa unto din. CfO.VPOTtaasurar MM Of tMunmcoai of m« ram* diti trKli«ramlaraetbla?^of ,/<t ^. ^ ^0 i'4 MyAdO«'iikvii«*«c__2//'f /8 ALVSSATURNOVrrZ Notary Public, stats of NewTbrfc NO.017U6044514 QuaRfied bt Wastchester Oounly Cmnnisaion Expbsa July ia 2016 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 ini;\idual 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 Oflace of individual taking acknowledgment LISA A. PHELAN Notary Public, State of New York Qualified m New York County Reg No. 01PH6292618 Commission Expires November 4, 2017