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15-0715_COVE ESTATES LLC_Performance BondBond #0611356 ^//| / PERFORMANCE BOND premium: S393.00 KNOW ALL MEN BY THESE PRESENTS, that The Cove Estates. L.L.C.. a Limited Liabilitv Companv. as principal (hereinafter called "contractor", and International Fidelity Insurance Company , as Surety (hereinafter called "Surety"), are held and firmly bound unto the City of San Juan Capistrano, as oblige {hereinafter called "city"), in the amount of Nineteen Thousand, Six Hundred Thirtv Seven Dollars f$19,637.00) for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, fairly by these presents. WHEREAS, contractor has, by written agreement dated , entered into a Grading Surety Agreement: Tract No. 16168 Precise Grading, which contract is, by reference, made a part hereof. NOW, THEREFORE, the condition of this obligation is such that, if contractor shad promptly and faithfully perform said agreement then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right It may have to require that a demand be made first against the Contractor in the event of default. BE IT FURTHER RESOLVED, that: 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 the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, or extension of time, alteration, or modification of the contract documents, or of the work to be performed thereunder, shall in any way affect its obligation or this bond, and it does hereby waive the notice of any such change, extension of time, alteration or modification of the contract documents or of work the be performed thereunder. Grading Surety Agreement, Permit #615-0233 Page 8 of 9 Executed this i5ih day of July At Irvine 2015, 'Or , California. PRINCIPAL The Cove Estates, LLC a Limited Liability Company {NOTARIZATION AND SEAL) SURETY International Fidelity Insurance Company {NOTARIAZATION ANQ SEAL) Victoria M. Campbell, Attorney-in-Fact Grading Surety Agreement, Permit #815-0233 Page 9 of 9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Caiifornia ) County of Orange ) On JUL 1 5 2015 before me, L Clark. Notary Public Date Here Insert Name and Title of tlie Officer personally appeared victoria M. Campbell Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person{s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that-he/she/t+iey executed the same in his/her/their authorized capacity{ies), and that by his/her/their signature{s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. L.CLARK I Commission # 1996834 t Notary Public - California 1 Los Angeles County t WITNESS my hand and official seal. Signature. ai seal. Signature of Notary Public Place Notary Seal Above OPTIONAL Tfiough this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: JUL 1 5 2015 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual H Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Intemational Fidelity Insurance Companv Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: ©2014 National Notary Association • \www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 .Tel (973) 624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 /C KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY , a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennsylvania, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint JACQUELINE KIRK, MELISSA NICOLE TETZLAFF, CHRISTINA JOHNSON, LINDE L. HOTCHKISS, ERIK JOHANSSON, LISA CLARK, VICTORIA M. CAMPBELL Los Angeles, OA. their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute rule, regulation, contract or otherwise and the execution of such instrument(s) inpursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By-Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2000; "RESOLVED, that (1) the President, Vice President, Executive Vice President or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemniy and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointmenfs of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation: and 3} the signature or any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given or the execution of any bond, undertaking, recognizance, contract of indemnity or other written Gbliqation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 22nd day of July, 2014. STATE OF NEW JERSEY County of Essex ROBERT W. MINSTER Executive Vice President/Chief Operating Officer (International Fidelity Insurance Company) and President (Allegheny Casualty Company) On this 22nd day of July 2014, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY ; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, ,nM»«.„„ at the City of Newark, New Jersey the day and year first above written. %TO^ A NOTARY PUBLIC OF NEW JERSEY My Commission Expires April 16, 2019 CERTIFICATtON I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, 1 have hereunto set my hand this day of JUL 1 5 2015 MARIA BRANCO, Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ) ) State of California County of. On ^\AOi 1^.7-015 before me, ^ Nu^ MA^^. A/z^t^V RiBUC Date personally appeared Here Insert Name and Title of tfie Officer , ^ Here insert Name and 11 Name^ of Signer^ who proved to me on the basis of satisfactory evidence to be thepersonfa^T whose name^^1s^^i»-subscribed to the within instrument and acknowledged to me that jwshg/they executed the same in "njs^r/their authorized capacityOes), and that b^(^i§/nor/thoir cignatur^^on the instrument the personj(a), or the entity upon behalf of which the person^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. BO YUN MAGEE t Commission # 2009675 | Notary Public - California z Orange County £ My Comm. Expires Mar 3. 20^17 » Signature. Z Signature of Notary Pi lie Place Notary Seal Above OPTIONAL Thougfi this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document . Title or Type of Document: Pf^l^ftl-JCE Document Date: vJ\AtV 15,3^1^ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer{s)^ Signer's Name: ^ Corporate Officer - Title(s): f^\)OcupL^ • Partner — • Limited • General ® Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: "fABCcNe €sm^,UC Signer's Name: • Corporate Officer — Title{s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907