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15-0421_Bond_LV Pacific Point_TTM 16752_SUR20000346RELEASED Date: ^'MM'LIIM r\ City of San Juan Capistrano, CA SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.2) Bond No: SUR20000346 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 Councii 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 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 "Cbllgee") In the penal sum of Thirty Eight Thousand Five Hundred and 00/100 Dollars, ($38,500) 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 obllgat'jn Is such that, If Principal shall promptly and faithfully perform said Improvement o"^ ligations 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 ef act. 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 By: Jonas Stiklorius AuthohTOd Signatory its: SURETY: (NOTARIZATION AND SEAL) Page 2 of 3 APPROVED AS TO FORM: Hans \/an Ligten, City Attorney NOTE: Piease attach Acknowiedgement and Power of Attorney Page 3 of 3 SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE 66499.2) Bond No: SUR20000346 KNOW ALL MEN BY THESE PRESENTS, that LV Pacific Point LLC (hereafter designated as "Princlpai"), "), and ironshore indemnity inc. . as Surety (hereinafter caiied "Surety") agree to instali and compiete 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 particuiariy described as follows: Monument subdivision improvements within Tract 16752 as defined within Amendment #1 and Reinstatement of the Subdivision Improvement Agreement for Tract 16752. NOW, THEREFORE, we, the Princlpai and Surety are held firmly bound unto the City of San Juan Capistrano, (hereafter caiied "Obligee") in the penal sum of Thirty Eight Thousand Five Hundred and 00/100 Dollars, ($38,500.00) 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. NOW, THEREFORE, the condition of this obligation s such that if the above bound Principal, his or its heirs, executors, administrators, s ccessors or assigns, shall In ail things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions per City Council Resolution N^ s. 92-6-16-04 and 03-09-16- 06, on his or their part, to be kept and performed at th. time and in the manner therein specified, and in ail respects according to their t ue intent and meaning, and shall indemnify and save harmless the City, its offer., agents and employees as therein stipulated, and, as necessary enter into a Suboivision Agreement, then this obligation shall become null and void; otherwise it shall he 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 waiye 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 representatiyes 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: Its: Jonas Stiklorius Autliorized 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 ~ III- 20000346 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)-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 elerted 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. JUDV BEBCER NOTAJ V PUBUC-SUT6 OF NEW Y( >RK No. 01BE6222764 Qu illflod In NOW Yofk Count r My Commiitlen Ixptooi Jun« 01. 2014 Jur^rger ' Q 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 24m 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." SEAL • ; 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 Jalene Brown County of Residence: Sumner My Commission Expires: May 25, 2016 SEAL: moNSMMtE woowNnriNC flNAMOM STATEMENT SUMMAMT AtotDK«m)MrSl,2013 .^£5 Bonds Ar«ftfr*d stodi» CemnMMi ft9d4 Mort(J«c kwfu on rool «st«M: Rnt Hmt MortfH* on r«a( tct««: OOwf thtn Ant itom AropartlM oentpM Ijy th* tofTiMttV PropwtfM ImM for th* productloo of Incemi OroowtlMMdforsNto Cath. cMh wiuhMkfili and ihon-unn Invostntsnts Contract loMit Dorhmthioi Aocotvabkn tor Mcurttks SoourWot laodbif rtlnvoitad coAattral nuots PdToiat* wrrK»4ni foe invoft«d aicots Subtotob. cadi Mid Invoftfd assets TWC plants ms S~ Charf ad off Investment Incomt due and accrued UncoAoctod premltms and acants baJances In Iho couru of eaUadion •Ktntt- baltoeos and fnsUlhnants booluad but dctatud and not yefdue r«cm F*dcompant*i Funds h«M by or dcposttMl wH Ottwr amounts rocotvaMo undar ndniuniK* contracts Amounts recetvaUe retolint to uninsured plans Currant fedatal and for«i«n Incam* tax roaweraUe and) Guaranty fimdsrecehraMaoroadapodt FwRitur* and edtdpmcnt, indudliv baaMi car* ditfwirv aucti Nat adtuttmeat in assets and UabWtlat due to feralBn cNduN«* rates HecaJvables from parent, o Haalth rare and other amo adnandafKIlales tsfocefvaUa It fw olhef than InvestMl assets Total ataots eadiidlnd Sepan Accounts From Soparsta Accounts. S*| Es and Fratadad CaR 14U»1.720 0 ».9ao.Nf 0 0 0 0 0 0 e 0 0 0 l74JOJ,4i4 0 0 0 3OJ07,»25 0 0 0 0 4,«S.MI 0 0 0 Q 4ja,uo 170.4M3JS TOIAU 270,4«,38t Cwnmlidoni panHo, ontinioiil conmMan «id MMr dmlhf ctiofini OllMf npann Indiidind nxM IkMim and lM<| Im, liotnMi Mid (Ml IndudMc falnl and toralin UMn. b«n| CiriMit fp^m^t «nd fcMon Incon.. t«MI Nat dtlMrad tu RaliWIy L7naarrwd pramnima Advancaprnmium Cndtd rMnunno prMnJwni pavaM. (nal al tnant en Fundi bald by company undar rMnauranca Iratllat Amounts wftbhaM or ratubiad by eompMiy for accnunt of olbin Aamtttancn arut bams not aAocstod Provtdon for rabmaanca Nal adbrstinants In assals and iablWias dua to biraltn ascbania ratn Units outstandlnt bayaUa to pattnt. lubddiartaa and alWatta Payablaforaacurittea NyaUa for stcuittias NndbN Uabtinyferamounls boM unoor unbtaund pUiu Awmauta uirttaUns tortaUIWaa Total aabWtlia asdudlno prntactaO «ril HaUMias Prolaclad sal lUMIMai Total babllWaa rouoMOiossrsjuwuis AMST.M* 0 7T7UA75S 725jOM i;iuAr7« 1,<I3,T0S e,0375W 0 04.M7,»0 t (J02,»49 bAU.lM Uf^Jtt loiMAjn UIU4C,117 aTns for spadal surplui fundi Common capital atoc* FrnfairaO capital stock Aatatata wrltaTns foe nihaa tbsn spoclal surpliii TuiplusNotat Scnsspaldlnin Untssltnad funds IsnrplusI SurWus as rasunti ooJicvfaildtty (1U9B.S4I U0.S«I,U7 CTKriflCATE I c erdfy tl>« ttio abov* ft sits to ttw best of my knouifodf a aro a true and acssirsta raftactlon of tba flnancnJ enndltlnn of ma Company as of Oacifflbor 31,20U AddHlorally. I cisllfy ttiat the abcwe financial itatomams ara In Miaamam adlft ma Sotntnty Hnandal Sutamants ftlad wltb tbaaNsnuftbibaiilMaMnl Insuraacan. of ma lama data. ^^^^ CFO. VPATrauurar end iwocfi lo rae thts J is /^4-ySS// "AT XOkZ/'fe ALYSSATURNOVnZ Notary Puisiic. State Of New TM NO.01TIJ6044514 QuNffled in Wsstcheater County ComiTteion BipireB July ia aofs 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 v.hosc ris 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 a: New York Qualitied in New Voik County Reg No. 01PH6292618 Commission Expires November 4, 2017 POWER OF ATTORNEY ~ III- 20000346 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)-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. NOTAJ Y PUBUC-STATE OF NEW Y< >RK NO. 01BE6222764 Qu iHdod tn Now Yoilt Count t My Commlitlon Ixpliot June 01, 2014 Jui 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 SacreMry "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."