16-0301_PACIFIC POINT DEVELOPMENT PARTNERS LLC_Performance Bond No 1134579BOND NO. 1134579
INITIAL PREMIUM: $457.00
SUBJECTTO 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 labor, materials, tools, equipment, services, and incidentals for all grading and
installation of related improvements for Tentative Tract Map Nos. 14196 ("the Work");
WHEREAS, the Work to be perfonned by Principal is more particularly set forth in
that certain Grading Surety Agreement dated , 2016 ("Agreement"), which
Agi-eement is incorporated herein by this reference; and
WHEREAS, Principal is required by the Agreement to provide a good and sufficient
bond for perfonnance of the Agreement, and to guarantee and warranty the Work perfonned
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, axe held and firmly
bound unto City in the sum of Sixty Thousand Nine Hundred Forty dollars ($60,940.00), 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 perfonn 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, incuired by City in successfully 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 #616-0114
6U47.02100\142I5513.2
Page 8 of 10
obligations on this bond, and it does hereby waive notice of any such change, extension o
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 4th day of March ,
2016 .
Pacific Point Development Partners, L.L.C. Lexon Insurance Company
Surety
By: Mim t^^^- M^^'
Attornej^in-Fact
Margaret A. Ginem
(print name)
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION BY
PRINCIPAU AND SURETY, AND A COPY OF THE POWER OF
ATTORNEY TO LOCAL REPRESENTATIVES OF THE SURETY MUST BE
ATTACHED TO THIS BOND.
do Willis Towers Watson
4211 W. Boy Scout Blvd., Ste. 1000
Tampa, FL 33607
Inquiries: (813) 281-2095
Grading Surety Agreement, Permit #616-0114
61147.02100114215513.2
Page 9 of 10
^^^%i7-
Notary Acknowledgment "'^^
A notary public or ottier officer completing tfiis certificate
verifies only the identity of the indivdual who signed the
document to which this certificate is attached, and net 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 CLAIWIED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
• Individual
• Gcrpcrate Officer
Title{s) Title or Type of Document
• Partner(s) • Limited
• General Number of Pages
• Attcmey-ln-Fact
• Trustee(s)
• Guardian/Ccnservatcr Date of Document
• Other:
Signer is representing:
Name Of Person(s) Or Entlty(ies)
Signer(s) Other Than Named Above
Grading Surety Agreement, Permit #816-0114
61147.02100114215513.2
Page 10 cf 10
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 validity of that document.
State of Cal ifornia
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 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 ray hand and official seal.
Signature (Seal)
ACKNOWLEDGEMENT BY SURETY
STATE OF FLORIDA \
COUNTY OF HILLSBOROUGH J
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
rianella Barnola
MARIANELLABARNOLA
>| Commission ilFF 947761
Expires May 5.2020
Honddd Thra Trey FM Inwano SXMeS-TO IS
This area for Official Notarial Seal
POWER OF ATTORNEY
Lexon Insurance Company
KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in
Louisviilo, Kentucky, does hereby constitute and appoint: David H. Garr, Anett Cardinale, Margaret A. Ginem, Brandy L. Baich its true and
lawful Attomey(s)-ln-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and ail 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 1" day of July, 2003 as foiiows:
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 eiected 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 acknowiedged by the regularly eiected 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 sc executed and sealed and certificate so executed and sealed shall, with respect to any bend cf 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
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 cf his cffice under the By-laws of said corporation.
oil""./.
AMY TAYLOR
Notary Public- State of Tennessee
Davidson County
Mv Commission Exoires 07-08-19
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
resciuticns as set forth are new in force.
Signed and Seal at Mount Juliet, Tennessee this _ Day oit^aiclo , 20.
BY
Andrew Smith
Assistant Secretary
"WARNING: Any person who knowingly and with intent to defraud any Insurance company or other person, flies 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."
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 7, 2016 before me, Ashley Jean Moelter, Notary Public
(insert name and title of the officer)
personally appeared Marta Flores
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
Commis(lon# 2116903
Notiry Public - California
Orange County ^
My Comrri. Expires Jun 23 20191