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16-0325_COVE ESTATES LLC_Transmittal to International Fidelity Ins.
March 25, 2016 International Fidelity Insurance Company 2400 E. Katella, Suite 250 Anaheim, CA 92806 Re: Release of Bond - The Cove Estates, LLC - Frecise Grading Tract 16186 - Fermit B15- 0233 Dear Sir or Madam: This letter is to inform you that the following bond issued to The Cove Estates for Frecise Grading Tract 16186 - Fermit B15-0233 is offlciaily released as of March 24, 2016: BOND NO. FURFOSE ORIGINAL AMOUNT 0611356 Ferformance Bond $ 19,637.00 The City of San Juan Capistrano hereby fully and forever releases and discharges the international Fidelity insurance Company from any and all liability under the abovementioned bond number. The original - released - documents are enclosed, if you have any questions, please do not hesitate to call me at (949) 443-6310. Deputy City Clerk Enclosures as noted cc: Thorn Croughran, interim Fublic Works and Utilities Director George Alvarez, City Engineer Hossein Ajideh, Senior Civil Engineer Joe Mankawich, Associate Engineer Sincerely, San Juan Capistrano: Preserving the Past to Enhance the Future Bond ((0611356 PERFORMANGE BOND premium: $393.00 KNOW ALL MEN BY THESE PRESENTS, that The Cove Estates. L.L.C.. a Limited Liabiiitv Companv. as principai (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 Thirty Seven Dollars ($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 shall 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, bereby 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. RELEASED Date: MoTph Q-jjr Signature: City Clerk City of San Grading Surety Agreement, Permit #615-0233 Page 8 of 9 Executed this i5ih day of July 2015, At Irvine , California. PRINCIPAL The Cove Estates, LLC a Limited Liability Company (NglTARiZATION 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 ACKNOWLEOGMENT CIVIL CODE § 1189 A notary public or other officer compietlng 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 Orange On JUL 1 5 2015 Date personally appeared . before me,. ) L Clart<, Notary Public Here Insert Name and Title of tfie Officer Victoria M. Campbell Name(s) ofSignerfs) 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 acknowiedged to me that-he/she/they executed the same in his/lier/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. 1 L CLARK Commission # 1996834 Notary Public - California Los Angeles County S 1 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. Signature. :ai seal. Signature of Notary Public Place Notary Seal Above OPTIONAL ' Though this section is optional, completing this in formation 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: Number of Pages: Signer(s). Other Than Named Above: Capacityfies) Claimed by Signer(s) Signer's Name:. Document Date: JUL 1 5 2015 • Corporate Officer — Tltle(s): • Partner — O Limited • General • Individual 13 Attorney in Fact • Trustee • Guardian or Conservator • Othen Signer is Representing: IntBrnational Fi'deli by Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer is Representing: Insurance Companv ©2014 National Notary Association • www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) item #5907 ,TdI (973.) 624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK GENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of Uie Slate of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennsylvania, having their principal office Inlhe City of Newark. New Jersey, do hereby conslilute and appoint ' JACQUELINE KIRK. MELISSA NICOLE TETZLAFF, CHRISTINA JOHNSON, LINDE L. HOTCHKISS, ERIK JOHANSSON, LISA CURK, VICTORIA M. CAMPBELL L Los Angeles, CA. their true and lawful altorney(s)-ln-fact to execute, seal and deliver for and on lis behalf as surely, any and all bonds and undertakings, conlracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, conlract or otherwise, and the execuEon of such instrumenlfsl in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDEUTY 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 CtDMPANY and IS granted under and by aulhonly of the followinaresoluUon adopted by the Board of Directors of liTfERNATIONAL FIDELITY INSURANCE COMPANY at a meeUng duly held on the 20lh day of July. 20fi) and by the Board of Direcfors 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 lo revoke the appQinlments of. Attorneys-in-Fact or agents with power and authority as defined or limited in Iheir respective powers of attorney, and to execute on behalf of the Coloration and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations In the nature thereof or related thereto: and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attomeys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and 3) the signature of any such Officer of the Corporation and the Corooration's seal may be affixed by facsimile lo any power of attorney or cerfificalion given or the execution of any bond, undertaking, recognizance, conlract or indemnity or other written obligation 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 FIDEUTY 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, tome 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 Ihe seals affixed to said inslrumenl are Iho 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, ,,u<"""i,„ at the City of Newark, New Jersey the day and year first above written. . /;^^bTA^;-.^\ ""rnrnniivO^^ A NOTARY PUBLIC OF NEW JERSEY My Commission Expires April 16.2019 CERTIFICATION 1. Ihe 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 Iho Sections of the By-Laws of said Companies as sat forth In said Power of Attorney, with the originals on file In the home office of .said corhpanles, 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 15 2015 MARIA BRANCO, Assistant Secretary CALIFORNIA ALL-PORROSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer compielmg 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 {Ot^hi^ilE ) On J^Z^y 15 Z0)5 before me, ^ Nut^ Mf^g^ . hioPAPG fltBU d Date personally appeared Wens Insert Name and Title of the Officer \ Insert Name and 71 NamefsO of Signer(^ who proved to me on the basis of satisfactory evidence to be thepersonjsiT whose namefej^fs^te- subscribed to the within instrument and acknowledged to me that ^sboHhey executed the same in ([nis^iqeiytheir authorized capacityOes), and that by(h^/n6iV#ieiF-6ignatur^Js)"on the instrument the person(s). 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. BO YUN MAGEE Gommtsslon # 2009B75 _ Notary Putjilc - California z Orange County g MY Comm. gxgkes Mar 3.2017 j. WITNESS my hand and official seal. Signature. ^-^fghature of Notary ^^^c Place Notary Seal Above OPTIONAL ' Though 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: m\Y \S^^^-^ Number of Pages: Signer(s) Other Than Named Above: Capac!iy(ies) Claimed by Sfgner(s)^ Signer's Name: t^Nvp- AfVHKS GlAH*LUflS m Corporate Officer - Titie(s): ffe.\Pe-tp'V& • Partner — • Limited • General B Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: -raS rCcYg gsTOTES^LLd Signer's Name: • Corporate Officer — Titie(s): • Partner - • Limited • General • individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer is Representing: ©2014 National Notary Association ' www.NatiQnaiNotary.org • 1-800-US NOTARY (1-800-876-6827) item #5907