15-0421_Bond_LV Pacific Point_TTM 16752_SUR20000347SUBDIVISION FAITHFUL PERFORMANCE BOND
(GOVERNMENT CODE 66499.2)
Bond No: SUR20000347
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 particuiariy described as follows:
Landscape 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 Nine
Hundred Forty Nine Thousand Three Hundred Cne and 00/100 Dollars,
($949,301) 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 oblirations within the fully executed
and recorded subdivision improvement agreement, tf en the obligation shall be null and
void; otherwise it shall remain in full force and effec'.
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
Its: Jonas Stiklorius
Authorized Signatory
SURETY:
Ironshore Indemnity Inc. (NOTARIZATION AND SEAL)
Page 2 of 3
APPROVED AS TO FORM:
BrO^ ^
Hans Van Ligten, City Attbrney
NOTE: Please attach Acknowledgement and Power of Attorney
Page 3 of 3
POWER OF ATTORNEY
Ironshore Indemnity Inc.
Ill- 20000347
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 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 eleaed 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
day of August, 2013
IRONSHORE INDEMNITY INC.
- SEAL ISIS
. XwE-DatTiiTLSusi
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 BEBOBB NOTAf Y PUBLIC-STATE OF NEW YORK
NO. 01BE6222764
QUI illflod In Now Yofk Count t
My CommlMlen ixRirot June 01. 2014 Notaiy Public
CERTIFICATE
I, the undersigned. Secretary of IRONSHORE INDEMNITY INC., a Minnesota Company, r j 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 • evoked and the resolutions as set forth are now in force.
Signed and Sealed at this 24ih Day of March , 20 is
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: SUR20000347
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:
Landscape 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 Nine
Hundred Forty Nine Thousand Three Hundred Cne and 00/100 Dollars, ($949,301.00)
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 intent and meaning, and shall
indemnify and save harmless the City, its offers, ager.s and employees as therein
stipulated, and, as necessary enter into a Subdivision Agreement, then this obligation
shall become null and void; otherwise it shall be and ramain 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, aii 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 (NCT^ RIZATICN AND SEAL)
By: PAMI LLC, its Managing Member
Jonas Stikloriu:;
SURETY:
(NCTARIZATICN AND SEAL)
Page 2 of 3
APPROVED AS TO FORM:
Bv Q^JS_
Hans Van LigtenTCiTy-Attomey
NOTE: Please see attached Acknowledgement and Power of Attorney
Page 3 of 3
POWER OF ATTORNEY
III- 20000347
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. 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,S00,000 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 BEBGEB
NOTAJ Y PUBUC-STATE OF NEW YORK
NO. 01BE6222764
QUI illflod in Now York Count i
•UcL
My CommlMlen ixplroi Juno 01. 2014
Ju^^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 revoked and the resolutions as set forth are now In force.
Signed and Sealed at this 24ih Day of March , 20 is
S«cretarv
"WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, flics 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
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ALY38ATURKCMTZ Nolaiy rnjblic. State Of New YM No. 01TU6044514 Qurimed tn WBStcheatw OoMty Comtniaaion ExpiraB JuV ia aof•
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 indi\idua! whcce 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 Offke-of individual
taking acknowledgment
LISA A. PHELAN
Notary Public, State of New York
Qualifieo m New Vork County
Reg No. 01PH62926t8
Commission Expires November 4, 2017