15-0901_PACIFIC POINT DEVELOPMENT PARTNERS, LLC_Subdivision Bond_SU1133499_2SUBDIVISION FAITHFUL PERFORMANCE BOND
(GOVERNIVIENT CODE 66499.2)
Bond No. SU1133499
KNOW ALL MEN BY THESE PRESENTS, that Pacific Point Development
Partners, LLC (hereafter designated as "Principal"), and Arch Insurance Company,
as Surety (hereinafter called "Surety") agree to install and conriplete certain designated
puhlic improvements as conditioned hy City Council Resolution No's. 92-6-16-4 and 03-
09-16-06.
WHEREAS, said Principal is required to furnish a hond pursuant to Municipal
Code Section 9-5.101 and 9-5.109 et seq., for the faithful performance to guarantee
certain work, more particularly descrihed as follows:
Pacifica San Juan -4(d) Conservation measures for Tentative Tract 14196 (Tracts
14196 and 16750) including obligations of Principal under the Interim Habitat
Loss Permit consistent with Interim Habitat Loss Implementation Agreement with
City
WHEREAS, the California Department of Fish and Wildlife ("Department") and
U.S. Fish and Wildlife Service ("Service") issued a revised 4(d) interim hahitat loss
permit concurrence letter to the City of San Juan Capistrano for the Pacific Point Project
dated Fehruary 11, 2015. The City of San Juan Capistrano ("Ohiigee") will consider
Department's request that the Ohiigee make a demand of the hond upon the
Department's determination that Principal has failed to meet its mitigation ohiigations
under the Hahitat Loss Permit.
NOW, THEREFORE, we, the Principal and Surety are held firmly hound unto the
City of San Juan Capistrano, (hereafter called "Ohiigee") in the penal sum of Three
Million and 00/100 Dollars, ($3,000,000.00) lawful money of the United States, for the
payment of which sum well and truly to he made, we hind ourselves, our heirs,
successors, executors and administrators, jointly and severally, firmly hy these
presents.
Page 1 of 3
NOW, THEREFORE, the condition of this obligation is such that, if Principal shall
promptly and faithfully perform said improvement obligations within the fully executed
and recorded subdivision improvement agreement, then the obligation shall he null and
void; otherwise it shall remain in full force and effect.
BE IT FURTHER RESOLVED:
1. As a part of the obligation secured hereby, and in addition to the face
amount specified, there shall he included costs and reasonable expenses and fees,
including reasonable attorney's fees, incurred hy City in successfully enforcing such
obligation, all to he 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 he performed thereunder, shall in any way affect its ohiigations or this hond, and
it does hereby waive notice of any such change, extension of time, alteration, or
modification of the contract documents or of work to he performed thereunder.
IN WITNESS WHEREOF, this instrument has been duly executed hy the
Principal herein named on the 7^ day of July. 2015, the name and corporate seal of
each corporate party being hereto affixed and these presents duly signed hy its
undersigned representatives pursuant to authority of its governing body.
PRINCIPAL:
Pacific Point Development Partners, LLC,
a Delaware limited liability company (NOTARIZATION AND SEAL)
By: Taylor Morrison Pacific Point Holdings, LLC
Its Managing Member .
Its: M'»'~Prc>J. A^A^,V
SURETY:
Arch Insurance Company
(NOTARIZATION AND SEAL)
By:
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APPROVED AS TO FORM:
NOTE: Please attach Acknowledgement and Power of Attorney
/
Page 3 of 3
Senate Bill 1050, amends Sections 1189 and 1195 of the Civil Code and Section 8202 of tlie Government Code, relating to notaries public. The below physical format of the new disclosure notiGe is an examplcifor'purposes nf illustration.
A notary public or otlier officer completing this certificate verifies only the identity of the individual who signed the document to which tliis certificate is attached, andmottiie truthfulness, accuracy, or validity of that document,
iState pf&lihiitpia County of Dmn^ C
On Auo^osf 7^ 2^15 before me, /bHty "Sean Hbtlkt-^ Mufgry PuMfc There insert name and title of officer), personally appeared Philip S. Bocipm , who proved to me on the basis, of satisfactory evidence to be the personfs) whose .name(s) Is/are subscribed to the within instrument and acknowledged 'to me that- he/she/diey executed the .same- in his/her/iheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument tlie person(s), or the entity upon behalf of which the person(s) acted, .executed the Jnstrument.r
r certif,' vUhddr PETlAIri^ pBRJlPEOf uilder tjie ;laWd of the State' Of Oalifbmm- that: the fbfegOing paragraph: is true and eorreci:
"WrPNESS my hand .and efficml^seal
(Seal)
ACKNOWLEDGEMENT BY SURETY
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
On this 7 day of July, 2015 before me, personally came
Margaret A. Ginem, who is personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person
who executed the within Instrument as Attorney-in-Fact on
behalf of Arch Insurance Company, and acknowledged to me
that he/she executed the within instrument on behalf of said
surety company and was duly authorized to do.
In witness whereof, I have signed and affixed my official seal on
the date in this certificate first above written.
Signature KA Marianella Barnola
•c--v-t--i.
^«&. MARIANELA BARNOLA
hf hf^ Commission*EE 170165
%?--s^?W Expires May 5,2016
'''fff'ff^ Bonded Thnj Troy Fain insurance SDO-335-7019
This area for Official Notarial Seal
AlC 0000155804
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON BLUE BACKGROUND.
This Power of Attorney limits the acts of those named herein, and th§y have ncfauthorlty to bind the Company except in the
manner and to the extent herein stated. Not valid for Mortgage, No^, Lqap, Lht^r of predit. Bank Deposit, Currency Rate,
Interest Rate or Residential Value Guarantees. ' " °
know All Persons By These Presents: : 1 . J , ; A | ^1 ' ' •' 7 e . ? n , ; «
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal
administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company") does hereby appoint:
Anett Cardinaie, Brandy Baich, David H. Carr, 0leen C. rieard and Margare|% Gir^m of timp^^^
its true and lawful Attorney(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as
surety, and as its act and deed:
Any and all bonds, undertakings, recognizances and otife| surety obligations, in the penal sum not exceeding
Ninety Miiiion Doiiars ($90.000.000.001. t '
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar
limit of authority as set forth herein.
The execution of such bonds, undertakings, recognizances and other surety obligations, in pursuance of these presents shall be as
binding upon the said Company as fully and amply to ail intents ancf jufposes, aslifitlje same had been duly executed and
acknowledged by its regularly elected officers at its principal administrative;officp in Jersey City), New Jersey.
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company
on September 15, 2011, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned
Secretary as being in full force and effect:
"VOTED, That the Chairman of the Bdafd»tbeJPreilcfent, |)r the Executive Vice President, or any Senior Vice Presfdent, of the Surety
Business Division, or their appointees designated in writing and filed with.the,Sepretary, or the Secretary shall have the power and
authority to appoint agents and attorneys-in-fact, and to authorize them subject to the limitations set forth in their respective powers of
attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and
other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of
process." *^:- . , . . _ ^ ^« ^ c j,
" " " - - . ' ' ^ 1 J " f V ^
This Power of Attorney is signed, sealed and certified by facsimile under and by autfigritf df the foilowing resolution adopted by the
unanimous consent of the Board of Directors of the Company on September 15, 20TY ' '
VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President,
of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the
Secretary, the seal of the Company,,and?^certmcations b^ the Secretary, may be affixed by facsimile on any power of attorney rfr bond,
executed pursuant to the resolutiqn adobted.by fhe Boarb of Directors pn September 15, 2011, and any such power ;so e_xecuted,i
sealed and certified with respect to .any bond dr undertaking to which it is attached, shall continue to be valid afid binding upon the
Company.
POWER OF ATTORNEY
f ? f . # f
00ML0013 00 03 03 Page 1 of 2 Printed in U.S.A.
AlC 0000155804
In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized
officers, this day of June, 2015.
Attested and Certified Arch insurance Company
Patrick K. Naiis, Secretary
STATE OF PENNSYLVANIA SS
David M. PFfikelstein, Executive Vice President
COUNTY OF PHILADELPHIA SS
I, Helen Szafran, a Notary Public, do hereby certify that Patrick K. Naiis and David M. Finkelstein personally known to me to be the
same persons whose names are respectively as Secretary and Executive Vice President of the Arch insurance Company, a
Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me
this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the ccrpcrate seal and
delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and
purposes therein set forth. COMMQNWEAt.W OF PKNN8YLVANIA
NOTARIAL SEAl HELEN SZAFRAN. Motary Public City of Wadsiphia, Ptilla. County Uj Cammasion Emm October 3. ai17
fleien Szafran, Notary P'ubiic?'
My commission expires 10/03/2017
CERTiFiCATiON
i, Patrick K. Naiis, Secretary of the Arch insurance Company, do hereby certify that the attached Power of Attorney dated June 2, 2015
on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date
thereof and is in full force and effect on the date of this certificate; and i do further certify that the said David M. Finkelstein, who
executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly
elected Executive Vice President of the Arch insurance Company.
IN TESTIMONY WHEREOF, j'have hereunto subscribed my name and affixed the corporate seal of the Arch insurance Company on
this _'2^L_day of __±jj^l(U . 20/
Patrick K. Naiis, Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein ancLthey have
no authority to bind the Company except in the manner and to the extent herein stated.
PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:
Arch Insurance - Surety Division
3 Parkway, Suite 1500
Philadelphia, PA 19102
00ML0013 00 03 03 Page 2 of 2 Printed in U.S.A.