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15-0421_Bond_LV Pacific Point_TTM 16752_SUR20000345RELEASED Date: ^ Signature: City Clerk City of San Juan Capistrano, CA SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.2) Bond No: SUR20000345 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: Water 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 "Cbligee") in the penal sum of Cne Hundred Two Thousand Nine Hundred Nineteen and 00/100 Dollars, ($102,919) 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 :nc!adsd 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 Its: Authorized Signatory SURETY: (NOTARIZATION AND SEAL) Page 2 of 3 APPROVED AS TO FORM: Bv: C^Ad ^ Hanfewan Ligten, City Attorney NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 POWER OF ATTORNEY III- 20000345 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. Cariile 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*dayof 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 be ng duly sworn, did depose and say that he is the Director of Ironshore Indemnity, Inc., the corporation described in and which executed the above istrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. JUDY BEReEB NOTAJ V PUBUC-STATE OF NEW Y< >RK NO. 01BE6222764 Qu illflod In Now York Count r My CommiMton fxpltoi June 01. 2014 Notary Public CERTIFICATE I, the undersigned. Secretary of IRONSHORE INDEMNITY INC., a Minnesota Cor ,pany, 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 n- . been revoked and the resolutions as set forth are now In force. Signed and Sealed at this 24th Day of March , 20 15 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." SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE 66499.2) Bond No: SUR20000345 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: Water 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 "Cbligee") in the penal sum of Cne Hundred Two Thousand Nine Hundred Nineteen and 00/100 Dollars, ($102,919.00) 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 ir ant and meaning, and shall indemnify and save harmless the City, its offers, ag^ nts and employees as therein stipulated, and, as necessary enter into a Subdivisir.i Agreement, then this obligation shall become null and void; otherwise it shall be anc 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 AuLliuiized Signatory SURETY: (NOTARIZATION AND SEAL) Page 2 of 3 APPROVED AS TO FORM: By. 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- 20000345 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 Comoany is hereby authorized to apooint 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 thz 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 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 BEBGER NOTAf Y PUBUC-STATE OF NEW YORK NO. 01BE6222764 QU iHflod In NOW Yotfc Count i My Commlitlon Ixplivt Juno 01. 2014 Juc^rger ' ^ erger totary Public CERTIFICATE I, the undersigned. Secretary of IRONSHOFi INDEMNITY INC., a Minnesota Company, !" J HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct co- y, 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 is seeraury "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." 1B1ft 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. Nofai7 Public Jalene Brown County of Residence: Sumner My Commission Expires: May 25, 2016 SEAL: nOMSHOKE WOeMWTY INC nUNaUtTATIMENTSUMMMT «.olD«mn>ir»l.im3 rrafBtrvl >todu Ounnion ttocks Mertlaia taw on tool onolo: Flm Nmi Moft,o|i loaoi on rool offilo: Olhtf dun nrel Uooi Prepoftlot occupM by tti* companir ProponMt Md for ttu proiluctloo M liKomo PfoponlailiaWforido Coih. cub rourvakfrtf too tbocT-Ircm JrrvutTTir.nb ConlroctlooM OtfiorlnvostailB«o«i Socorlliu londinc rolnvontd collottrol mtuo Acffofoto wrborns for Invtstod Kioto Sobtolali. odi Md Invostod tuott nntpiibuioiis. oioiyodoff biyonmood Incomt duo Mid Mcruod Uncodoclod profniumt and i«tnto baJoncot In Ibo courso of caHocUon UUSLTIO 0 2S.«».90« S 0 0 0 a 0 Q C 0 0 0 174jOMB4 0 «,a2.»7o MmurarK* otyaWo 00 pold louK and loa » >, corMnitnt nonolsilooi and olhtr doillai cliaiiai Otfior onponiof (ndudinf taxoa. Kcomoi and faoo) Taicoi, doaoMa and faoa (t«iudbi| fodMal and ft Currant fadaral and fmo%n lacoraa tatoi N« drfarradluImMlry Unaamad prawiuml Advancaptumiuin Cadad ralMuranca pramboiK payaHa (oat of cat Funds bald by cooipany mOo ralnuiranco touatiK Amoootl uiKhhtldor ratalmd by CPOipaoy Ipr attpuot of othan Rofnlttonm and bofni not alloatod Proddon for rabmiranco Not adpistiuooB Jo anats and iablMMs duo to toralto aadnnta nut O 7M1ASS 72bd>19 2JS5JJ74 7.«23.705 0 2S.9t(.120 44.a7.5»4 O aAMTdKd iOAatanobtltntalandlt into boolitd but dafofTtd and notyatdua octfva promlumt Anountlfl fundi fMM by or dcposJtod Mttk raliuund tompanlK tTtfwr arnountt rttnbniHo undor nlouiranou oootnttt Amounn ratoJvobta ratttJnc to uolnturad pUn Cutouot iodotal and fonlin Ucpnw tan ncovorobia and I NatdalBfTadtaiauat Guttaoty fundi tacafvabia Of en daiMitt Futnltufa and attidptnant, Indudint Nwdtb tare datfvary auati Nat odiuttniant io aoon and UobdWal due u foraKn aadiXHa ntn AocalvaMaa frain parent. mbihUaifaa and aflUlalat Acdtagata wTtudRt for othat HUM Invailad astata Total aiaatt andudlnp Saparau Attnuou. Sagtagatad AcfOunts I. Togragatad Attountt and Ptotactad Cat Aooountt TOTAU 0 30J07,B2S 0 0 4.4IS.4U 0 0 CJPgJgg 0 4ja.tai 270>3tJB 27l),42t,38t PtyaWa to paranc uhddlaitK and aflWatM Oarfrabun PayaWatoriaairttln Payilda for neuittUi laodli« tJaWlltv for arnountt tioW undor unjiuund pUnt AggiagauaottoUni fortablWUi TontlUbdlbK oaduding pruMaad tad gabllltUi Protactadcaaliabdiaal Total diMlltlK POUCTHOWERSG ailtPljUS tja2.»49 adm lor ipatial naplui funds Common capful ftocb Piafatrad capiul itpdi i.4a,iM M9.IUJC* U$W.2Sg U0J40.11T II fur ollior dun tpotJal Mrplui Suiplui NotK Gross paldin an Uouslgnad funds (wrplus) Surplus K recardi poJkdiaidan (»49g35d| 120>ao.U7 CEdTlflCATl I cartfly ttut tfw ttuve AnancJal nateincfio to Ilia best Of my hoowWdga are a true and accurau raflactlofl of the dnanclat coodmon of du Company K of Datambar 91.2<I13. AddldonalJy. I cartify tbat tba abme fltundal stitomantt are In ag raamant wttn dsa statutory Rnandal Sutamantt Ibod wttb tboldlinupll4Papaidnatn of Iniunoconi of mo uma data. BIGUauo CrO.VPGTraamiar 7^ aodnronuiaadds bV^ng^ulon Ktpbud. _Z^^^/ £s_Zd ALYSSATURNOVnZ Nr jryPubac Stats of New Ybfk NO.017U6044514 OuaSfled in Vfestcheeter Oourty Oommisaion EKpirea 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 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. J^UTTC ^ r (/) ^uJ)a^ Signature and Office of individual taking acknowledgment USA A. PHELAN' Notary P.I:-.>.-. £uiie o' Ne-w York Oiia.U:*! in New York County Reg \o. 01PH6292618 Commission Expires November 4, 2017