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16-0316_PACIFIC POINT DEVELOPMENT PARTNERS, LLC_Performance Bond No. 1134578i D ORIGINAL BOND NO. 1134578 INITIAL PREMIUM: $1,940.00 SUBJECT TO RENEWAL "Pacifica San Juan" 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 lahor, materials, tools, equipment, services, and incidentals for all gr ading and installation of related improvements for Tentative Tract Map Nos. 15609 ("the Work"); WHEREAS, the Work to be performed by Principal is more particularly set forth in that certain Grading Surety Agreement dated , 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 Lexon Insurance Company as surety ("Surety"), a corporation organized and existing under the laws of the State of Texas ^ 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 Two Hundred Fifty Eight Thousand Six Hundred Sixty Five dollars ($258,665.00), for which amount well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors or assigns, jointly and severally, firmly hy 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 snccessfuUy enforcing such obligation, all to be 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 be perfonned thereunder, shall in any way affect its Grading Surety Agreement, Permit #616-0115 61147.02100\14215513.2 Page 8 of 10 D ORIGINAL 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 hy its duly authorized Attorney-in-Fact at Tampa, Florida , this 4th day of March , 2016 . Lexon Insurance Company Surety Bv: %Ch^'ULt^. ^ Attorae^in-Fact Margaret A. Ginem (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. c/o Willis Towers Watson 4211 W. Boy Scout Blvd., Ste. 1000 Tampa, FL 33607 Inquiries: (813) 281-2095 Pacific Point Development Partners L.L.C. Grading Surety Agreement, Permit #616-0115 61147.02100\14215513.2 Page 9 of 10 IJ ORIGINAL Notary Acknowiedgment 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 , 20 , before me, , Notary Public, personally aoDeared , 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. 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 of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and couid prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT • Individual • Corporate Officer Tltle(s) Title or Type of Document • Partner(s) • Limited • General • Attorney-in-Fact • Trustee(s) Number of Pages • Guardian/Conservator • Other: Signer is representing: Name Of Person(s) Or Entity(ies) Date of Document Signer(s) Other Than Named Above Grading Surety Agreement, Permit #816-0115 61147.02100\14215513.2 Page 10 of 10 Li ORIGINAL 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 disclosurfi;: notice is ati exaniple, for puiposes of U 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 • before me, (here insert name and title of officer), personally appeared , who proved to me on the basis of satisfactory evidence to he the person(s) whose name(s) is/are suhscrihed 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) 1=^ ORIGINAL ACKNOWLEDGEMENT BY SURETY STATE OF FLORIDA COUNTY OF HILLSBOROUGH On this 4 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 Lexon 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 Gloria Robb This area for Official Notarial Seal POWER OF ATTORNEY Lexon Insurance Company LX KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in Louisville, Kentucky, does hereby constitute and appoint: David H. Carr, Anett Gardinale, Margaret A. Ginem, Brandy L. Baich its true and lawful Attorney(s)-ln-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON INSURANCE COMPANY on the T' day of July, 2003 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-in-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $2,500,000.00, Two Million Five Hundred Thousand dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-in- Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-in-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Assistant Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 5th day of August, 2015. LEXON INSURANCE COMPANY David ErCampbell President ACKNOWLEDGEMENT On this 5th day of August, 2015, before me, personally came David E. Campbell to me known, who be duly sworn, did depose and say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. AMY TAYLOR Notary Public- State of Tennessee Davidson County Mv Commission Exoires 07-08-19 '';i,iiii> CERTIFICATE I, the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attomey of which the forgoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. ^ Signed and Seal at Mount Juliet, Tennessee this ^ Day of ')heifuJ^ , 20 I^ . BY Andrew Smith Assistant Secretary "WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files and application for Insurance of claim containing any materially false information, or conceals for the purpose of misleading, Information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties."