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16-0620_PACIFIC POINT DEVELOPMENT PARTNERS, LLC_Performance BondBOND NO. SU1139482 INITIAL PREMIUM: $3,038.00 SUBJECT TO RENEWAL "Pacifica San Juan - Belle Haven" GRADING SURETY AGREEMENT PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: WHEREAS the City of San Juan Capislxano ("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 Tract Map Nos. Tract 14196, Lots 1,7, 8 & 13-44 ("the Work"); WHEREAS, the Work to he performed by Principal is more particularly set forth in that certain Grading Surety Agreement dated , 2016 ("Agreement"), which Agreement is incorporated hereui 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 thereimder. 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 Four Hundred Thirty Four Thousand, Twenty Four Dollars and 80/100 ($434,024.80), for which amoimt well and truly to he made, we bind 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 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 amormt 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 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 performed thereunder, shall in any way affect its Grading Surety Agreement, Permit #816-0398 6n47.02100\24835741.2 Page 1 of 3 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 14"' day of June, 2016. Pacific Point Development Partners L.L.C. Arch Insurance Company Surety Bv: TDdt^MyUjt CL yfet^»^ Attomeytin-Fact Margaret A. Ginem (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 #616-0398 61147.02100\24835741.2 Page 2 of 3 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the indivdual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. AfiTDrn. STATE OF OAyFeRNHA- COUNTY OF On (jlifiP 20 , before me, Vy>4.(V-y^ ' CDt^^'^S personally appeared (f Hi , who proved to me on the basis of satisfactory evidence to be the person(«) whose name(^ is/afe-subscribed to the within instrument and acknowledged to me that he/sh©.4hey executed the same in his/heF/thetr authorized capacity^iee-), and that by his/het/tb«if signature^*) on the instrument the personfs), or the entity upon behalf of which the person^e) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of 4alif©fflia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. •ii mt ail I NADIA 0. EDWARDS Notary Public - Arizona laturecMMntepalOtMity My Comm. Expires May 6, 2018 nONAL 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 • Individual • Corporate Officer • Partner(s) Title(s) • Limited DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document • General Number of Pages • Attorney-in-Fact • Trustee(s) • 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 #616-0398 61147.02100\24835741.2 Page 3 of 3 ACKNOWLEDGEMENT BY SURETY STATE OF FLORIDA COUNTY OF HILLSBOROUGH On this 14 day of June, 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 This area for Official Notarial Seal Senate Bill 1050, amends Sections 1189 and 1195 of tlie Civil Code and Section 8202 of the Government Code, relating to notaries pubJic. The below physical format of the new disclosure notice is an example- for purposes of illustration- A notary public or other officer conipletingthis certificate verifies only the identityr of the individual who signed tire document to which this cejtificate is attached, and not the truthfulness, accuracy, or validity of fliat 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 witln'n inshnment 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 flie laws of tire State of California that the foregoing paragraph is true and correct WrrNEES my hand and: official seal. AlC 0000185106 THIS POWER OF ATTOmEY tgN(fTW^^ This Power of Attorney limits the Stts of thosWnaiMd herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Not valid for Mortgage, Note, Loan, Letter 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. Ca£r, Eileeh % Heard and Margaret A. Ginem 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, recognizances and dttief surety obligations, in thepenal sum not exceeding Ninetv Million Dollars ($90.000.000.00). ^ Ih, fc 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. ^ ^ :^%.. ^,,.„.- , t rnA^. The execution of such bonds, undertakings, fecognizihces and other surety obligations in pursuance of these presents shall be as binding upon the said Company as Tully and aEnplylTd all intents and ipurposes;: as if the same had been duly executed apd acknowledged by its regularly elected officers^at its principal administrative office 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.jre hereby certified to by the undersigned f§acretary as being in full force and effect: • = j| w i fc. "VOTED, That the Chairman of the Board, the PreSidenf, or the Executive Vice President, 6r any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, 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 thej3||ture therpgf, ahd any such officers of the Company may appoint agents for acceptance of process." :^^^ T f^ i:!) Iff I III' '.^^ H This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on September 15, 2011: VOTED, ThaHhe signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, ofrthe Sufety^Business Division, or their appointees designated in writing flid filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications tfy the Secretary, may bS affixed bfsfacsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on ^ptember 15, 2011, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. " v,li!|i:„ jfllftl^-tT ' m mff^%% f, .j, ,|f 1 • •' !!• lii'?)- i > i'' ''•' *T f .J ^*Kf- LT =• 00ML0013 00 03 03 Page 1 of 2 Printed in U.S.A. AlC 0000185106 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 14!f day of AErH. 2016. Attested and Certified Arch Insurance Company 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. .^.Mw^THori^NNSYLVANU ^ NOTAmSEW. _ nmn szafran, Notay Pubfe CHyof Rtllsdripihit, Wa- Cmm , ftifyCtaBmeaslon Exptros OctsbBf 3. all? My commission expires 1iD/03/2017 CERTIFICATION I, Patrick K. Nails, Secretary of the Arch insurance Company, do hereby certify that the attached Power of Attorney dated April 14, 2016 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 WHE^OF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this ///^.day of <Au,-y,^_( 20/6 . 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 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.