16-0407_PACIFIC POINT DEVELOPMENT PARTNERS, LLC_Performance Bond SU1135950LiORiGINAL
BOND NO. SU1135950
INITIAL PREMIUM: $453.00
SUBJECT TO RENEWAL
GRADING SURETY AGREEMENT
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS the City of San Juan Capistrano ("City") and Pacific Point
Development Partners L.L.C. ("Principal"), 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 B16-0094 Tract Map No.l6750 ("the
Work");
WHEREAS, the Work to be performed by Principal is more particularly set forth in
that certain Grading Surety Agreement dated An'11 . / , 2016 ("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 Arch Insurance Company as surety ("Surety"),
a corporation organized and existing under the laws of the State of Missouri, 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 Sixty Four Thousand Seven Hundred Twenty Four Dollars and Fifty Five Cents
($64,724.55), for which amount well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors or assigns, jointly and severally, finnly 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 be 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 be 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
Grading Surety Agreement, Permit #616-0094 Blue Harbor Models
61147.02100\14215513.2
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] J ORIGINAL
specifications related thereto, or to the Work to be 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.
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 Tampa, Florida, this 24"' day of March, 2016.
Pacific Point Development Partners L.L.C. Arch Insurance Company
Principal _ Surety
By: Omu>.^t}uctO. j^AT^
rized Signatory Att/mey-in-Fact
\jKkiK/h.i,^Aj^ Margaret A. Ginem
(print name) (print name)
c/o Willis Towers Watson
4211 W. Boy Scout Blvd., Ste, 1000
Tampa, FL 33607
Inquiries: (813) 281-2095
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 #616-0094 Blue Harbor Models
61147.02100\14215513.2
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iORlGllMAL
Notary Acknowledgment
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, ana not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On , 20_ , before me, , Notary Public, personally
appeared , 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/they 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.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
• Individual
• Corporate Officer
• Partner(s)
Tltle(s)
• •
• Attorney-in-Fact
• Trustee(s)
• Guardian/Conservator
• Other:
Signer is representing:
Name Of Person(s) Or Entity(les)
Title or Type of Document
Limited
General Number of Pages
Date of Document
Signer(s) Other Than Named Above
Grading Surety Agreement, Permit #616-0094 Blue Harbor Models
61147.02100\I4215513.2
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Senate Bill 1050, amends Sections 1189 and 1195 of the Civil Code and Section 8202 of the
Government Code, relating to notaries public. The below physical format of the new disclosure
notice is an example, for purposes of illustration.
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 valid ity of that document.
State of California
County of
On before me, (here
insert name and title of officer), personally appeared , who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instiaiment and acknowledged to me that he/shc/they 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.
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 (Seal)
U ORIGINAL
ACKNOWLEDGMENT
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 March 25, 2016 before me Ashley Jean Moelter, Notary Public
(insert name and title of the officer)
personally appeared Robert Morandi
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/they 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.
WITNESS my hand and official seal.
Signature (Seal)
ASHLEY JEAN MOELTER
Commiislon# 2116903
Nottry Public - California
Orange County urange county ^
My Comm. Expires Jun 23, 20191
ACKNOWLEDGEMENT BY SURETY
STATE OF FLORIDA 1
COUNTY OF HILLSBOROUGH J
On this 24*^ day of March, 2016 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
ianella Barnola 7
MARIANELLA BARNOLA
Commission # FF 947761
Expires May 5,2020
Bof»i«d Thru Troy F«ll liwunno 800385-7019
This area for Official Notarial Seal
AlC 0000155820
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 thdy have^neVuthprity to bind the Company except in the
manner and to the extent herein stated. Not valid for Mortgage, Notq^^S^Lptter of Credit, Bank Deposit, Currency Rate,
Interest Rate or Residential Value Guarantees. "-===-
POWER OF ATTORNEY
Know All Persons By These Presents:
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 Cardinale, Brandy Baich, David H. Carr, Eileen G! Heard and Margaret^A^ifem of Tampa, FL (EACH)
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, recognizancesvand other surety obligations, in the penal sum not exceeding
Ninety Million Dollars ($90.000,000:001? "Sj ,:)? - 5j:|liji f;:, ::, : «*
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 all Intents and purposes, as nf; the same had been duly executed and
acknowledged by its regularly elected officers at its principal adminlstrative/^fTiji; TO
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 Bpar'df the Presidigififtir the Execufivp'Vied President^ or any Senior Vice President, of the Surety
Business Division, or their appointees de.signatedrjnTvyrifing and filed with Thie: Secretary, or the Secretary shall have the power and
authority to appoint agents and attorneys-in-fact, and to authorize them subjdbt 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." .,, _
This'Power of Attorney is signed, sealed and certified by; facsimile under andsbyAauthorlty otihefTollowing resolution adopted by the
unanimous consent of the Board of Directors of the Company on Septembefilip2pt1:
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 c^rtifications'°by the Secretary, may be affixed by facsimile on any power of attorney or bond
executed pursuant to the resolution adopted by the .Bo^ of Directors oh Septerhber 15, 2011, and any such povyer so executed,
sealed and certified with respect to ajjy kond-orsahdWrtaTting to which it is attached, shall continue to be valid and binding upom-the-
Company. " • • .
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AlC 0000155820
In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized
officers, this 2^ day of June, 2015.
Attested and Certified
Patrick K. Nails, Secretary
STATE OF PENNSYLVANIA SS
Arch Insurance Company
David M. FrnRelstein, Executive Vice President
COUNTY OF PHILADELPHIA SS
I, Helen Szafran, a Notary Public, do hereby certify that Patrick K. Nails 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 corporate 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.
NOTARIAL SEAL
HBiN SZAFJWI. Notary Mte
City of Phliadsiphia, «ito. Coix&v
My CiaiintalQfi Expires October %m7
Helen Szafran, Notary I
My commission expires 10/03/2017
CERTIFICATION
1, Patrick K. Nails, 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 TESTIiyiONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on
this _-lW_day of __f4liA4l^ 20
Patrick K. Nails, Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they 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 FOLLOWINO ADDRESS:
Arch Insurance - Surety Division
3 Parkway, Suite 1500
Philadelphia, PA 19102
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