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15-1006_DEVELOPMENT SOLUTIONS OAK, LLC_Performance Bond_PB10163700374D ORIGINAL BOND NO. PB10163700374 INITIAL PREMIUM: $2.860.00 SUBJECT TO RENEWAL GRADING SURETY AGREEMENT PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: WHEREAS the City of San Juan Capistrano ("City") and Development Solutions OAK, LLC ("Prineipal"), have executed an agreement for work consisting of, but not limited to, the furnishing of all labor, materials, tools, equipment, services, and incidentals for all grading and installation of related improvements for Tract Map No. 17441 ("the Work"); WHEREAS, the Work to he performed by Principal is more particularly set forth in that certain Grading Surety Agreement dated oaober 6. ^ 2015 ("Agreement"), which Agreement is incorporated herein by this reference; and WHEREAS, Principal is required by the Agreement to provide a good and sufficient bond for performance of the Agreement, and to guarantee and warranty the Work performed thereunder. NOW, THEREFORE, Principal and Philadelphia indemnity insurance Company as surety ("Surety"), a corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, are held and firmly hound unto City in the sum of One Hundred Ninety Thousand Six Hundred Sixty Three dollars ($ 190,663.00), for which amount well and truly to he made, we hind ourselves, our heirs, executors, administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such, that if 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, agreements, guarantees, warranties and provisions in the Agreement and any alteration thereof made as therein provided, on his or their part, to he kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning, and shall indemnify and save harmless City, its officers, employees, and agents, as therein stipulated in the Agreement, then this obligation shall become null and void; otherwise it shall he and remain in full force and effect. As part of the obligation secured hereby, and in addition to the face amount specified therefor, 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 he taxed as costs and included in any Judgment rendered. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement, or to any plans, profiles, and specifications related thereto, or to the Work to he performed thereunder, shall In any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Agreement, or to the Work or to the specifications. Grading Surety Agreement, Permit #815-0317 6n47.02l00\14215513.2 Page 8 of 10 • ORIGINAL IN WITNESS WHEREOF, the seal, if any, and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at ifvine, ca ^ this 6th day of October, 2015 , 2015. Development Solutions Oak, LLC Principal A^ Philadelphia Indemnity Insurance Company Surety By: ,Judd Gilats Vies Frcsident Attorney-in-Fact Vj (print name) Victoria M. Campbell, Attorney-in-Fact (print name) NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF ATTORNEY TO LOCAL REPRESENTATIVES OF THE SURETY MUST BE ATTACHED TO THIS BOND. Grading Surety Agreement, Permit #615-0317 6I147.02100\14215513.2 Page 9 of 10 D ORIGINAL 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 Orange ) On OCT 0 6 2015 before me,. L. Clark , Notary Public Dafe personally appeared Here Insert Name and Title of tfie Officer 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 +te/she/t+tev 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 P Commission # 1996834 I Notary Public - California i Los Angeles County g My Comm. Expires Nov 28, 2016 ^ WITNESS my hand and official seal. Signature Signature of Notary Public 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: Number of Pages: Signer(s) Other Than Named Above: Capaoity(les) Claimed by Signer(s) Signer's Name: Document Date: OCT 06 2015 • Corporate Officer — Tltle(s): • Partner — • Limited • General • Individual S Attorney In Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Philadelphia Indemnity Signer's Name: • Corporate Officer — Tltle(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Consei-vator • Other: Signer Is Representing: Insurance company ©2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 • ORIGINAL PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St Asaph's Rd., Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Coiupany), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint VICTORIA M. CAMPBELL, BRADLEY N. WRIGHT AND CHRISTINA JOHNSON OF WILLIS INSURANCE SERVICES OF CALIFORNIA, INC., its true and lawful Attorney-in-fact with tull authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $25,000,000,00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the \ day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (I) Appoint Attomey(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: Tliat the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 10™ DAY OF JUNE 2013. (Seal) " A^ Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this lO"' day of June 2013, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. COMHONWeAlTH OP PaiNSYlVANlA NolsilBl sesi Ktmb€tly A, KeKiKkl, Notary Public tower Merton Twp. ivtetfjaewiy tooNy My Commlesao Erpires Dec. 16, SOlfi MEMBM, PEWlSYLVWaA ASSOCJATlCfJ OF NOTAfiit? Notary Public: (Notary Seal) residing at: My commission expires: BalaCvnwvd. PA December 18.2016 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 10^'" day of June 2013 true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof 1 have subscribed my name and affixed the facsimile seal of each Company this day of ^O^j^^er ^ 20^5 - " \ i 92 T f ™ 1 Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY A notary public or other officer completing this certificate verifies only the identity of the individnai who signed the document to which this is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me October 7, 2015 by Judd Gilats as Vice President of Development Solutions OAK, TLC. My Commission Expires: