16-0614_PACIFIC POINT DEVELOPMENT PARTNERS, LLC_Performance BondBOND NO. SUl 139449 ^ ORIGINAL
INITIAL PREMIUM: $1,867.00
SUBJECT TO RENEWAL
"Pacifica San Juan-Blue Harbor Tract 16750"
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 Tract Map Nos. Tract 16750, Lots 16-26 & 30-38 ("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 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 bound unto City in the
sum of Two Hundred Sixty Six Thousand Six Hundred Eighty Eight Dollars Thirteen Cents
($266,688.13), for which amount well and truly to be 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 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 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
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 IS*** day of May , 2016.
Pacific Point Devdogment
Prineipa
By:_
artners L.L.C. Arch Insurance Company
Surety
PiLSidcnl^A JTAtfZ-l^ SiUVA-m^-Y
By:
Attomey-m-Fact
Margaret A. Ginem
(print name) ' (print name) C/0 WILLIS TOWERS WATSON
4211W. BOY SCOUT BLVD., #1000 TAMPA. FL 33607
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXeJ^M^M ^ '^^'^^
PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF
ATTORNEY TO LOCAL REPRESENTATIVES OF THE SURETY MUST BE
ATTACHED TO THIS BOND.
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 Q^ange )
On May 19,2016 before me, Ashley Jean Moelter, Notary Public
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.
(insert name and title of the officer)
personally appeared Marta Flores
WITNESS my hand and official seal. IG^^HS Notary Public - California
1 ^^H^ Orange County
T. TTl^ !^ Comni. Expires Jun 23 2019
ASHLEY JEAN MOELTER I
i ComtniMlon# 2116903 t
(Seal)
ACKNOWLEDGEMENT BY SURETY
STATE OF FLORIDA 1
COUNTY OF HILLSBOROUGH f
On this 18 day of May, 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
Gloria Robb
This area for Official Notarial Seal
AlC 0000162945
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON BLUE BACKGROUND.
This Power of Attorney limits the e&sTof those rtaM^hBreln, and they have no authority to bind the Company except In the
manner and to the extent herein stated. Npl^alidUfdK/lortgage, Note, Loan, Letter of Credit, Bank Deposit, Currency Rate,
Interest Rate or Residential Value Guarantees.
POWER OF ATTORNEY
M Know Al' Persons By These Presents: i:; II.
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:
, Artett.Cardinale, Brandy Baich, David W. Carr,5BleM|^liard and Margaret/^TGlhbm of Tampa, FL (EACH)
Its true and lawful Attorney(s)ln-FaGt, 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:
Am/ aad all bonds, undertakings, recognizances and other surety obligations, in the penal sum rtot^exceeding ^ . - -
K^'-fflnefvkllllion Dollars ($90.000.000.001. : , S i: ^tfcg -^,5. „^ f^l^ A - - ; : " : -
'This authority does not permit the same obligation to be split into two or mOrePBon^' In order to bring each such bond within the dollar
limit of authority as set forth herein.
The execution of such bonds, undertakings, recognlzaaees and other surety obligations in pursuance of these presents shall be as
binding upon the said Company as fully) ay°Mpi^^t all intents and .ipufposes,; as If the same had been ^pyjy_ executed §Q(f
acknowledged by Ms regularly elected officersl^lt^sipiadmlnlstrativ^^||tii1^ |ii|ii:i 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 Board, the President, or the Executiv^^MsMhtJB eny Senior Vice President, of the Surety
"W^^, Business -Division, or their appointees designated intwriting and filed wlffPth^pBfeW^^ijSHe 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." . _
• This Power of Attorney Is signed) sealed-ani^^Mbyitecsimlle under and by authority of the following resolution adopted by .th^
unanimous consent of the Board of Directors cMihe Company on September 4iT20tT
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 certifications 'lifjhe Secretary, may^be WixedtbyTacsimite on any power of attorney or bond
executed jjursuant jo the resolution adopted by the BbartJ of Directors elTS^ptehiber 15i!s2TH t^^and any such power so executed,
sealed and certified with respect to any bond or undertaking to which Itlfflteaachgd, shall continue to be valid and binding upon the
Company.
Printed in U.S.A.
AlC 0000162945
In Testimony Whereof, the Company has caused this instrument to be signed and Its corporate seal to be affixed by their authorized
officers, this Vrf day of August, 2015.
Attested and Certified Arch Insurance Company
David M. PrnReTsteIn, Executive Vice President Patrick K. Nails, Secretary
STATE OF PENNSYLVANIA SS
COUNTY OF PHILADELPHIA SS
I, Helen Szafran, a Notary Public, do hereby certify that Patrick K. Nails and David M. Finkelstein personally knc\wn to me to be the
same persons w/hcse names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a
Ccrpcratlcn 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 ccrpcratlcn and as their own free and voluntary acts for the uses and
purposes therein set forth. r.^.^ruo,mMmn.v^^^^
NOTARIAL SEAL HEtJEH mfmi, Notary PxtU Cftyof m'adsiphia, FWia. County My Ceffimcasion! Emms October Z,m7
flelen Szafran, NCTary Public^
My ccmmissicn expires 10/03/2017
CERTIFICATION
I, Patrick K. Nails, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated August 17,
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.
I TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on
lis jX^ dav of 'mfiU^- 20 lip .
IN
this
Patrick K. Nails, Secretary
This Power of Attorney Iimits 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.