16-0707_PACIFIC POINT DEVELOPMENT PARTNERS, LLC_Performance Bond No. 1134597�BOND N0.1134597
ORIGIN
A L INITIAL PREMIUM: $1,636.00
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 labor, materials, tools, equipment, services, and incidentals for all grading
and installation of related improvements for Tract Map Nos. Tract 16747, Lots H ("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 bound
unto City in the sum of Two Hundred Eighteen Thousand, One Hundred Twenty Eight Dollars
and Seventy Three cents ($218,128.73), 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
Grading Surety Agreement, Permit #B16-0113 Page 2 of 4
61147.02100\2483 5 741.2
D
opr c, 1 R
obligations on this bond, and it does hereby waive notice of any such change, extension o f?rite;.
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 301h day of June, 2016.
Pacific Point Development Partners L.L.C.
Princip
By: 6Z
rinirlen-7 Authonx
Philip S. Bodem
(print name)
Lexon Insurance Comnan
Surety
Attorne -in-Fact
Margaret A. Ginem
(print name) coo 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 #616-0113 Page 3 of 4
61147.02100\24835741.2
(Votary 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
On , 20_, before me,
appeared
, Notary Public, personally
, 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.
Signature of Notary Public
WITNESS my hand and official seal.
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
Title(s)
❑ Partner(s) Cl Limited
❑ General
Title or Type of Document
Number of Pages
❑ Attorney -In -Fact
❑ Trustee(s)
❑ Guardian/Conservator Date of Document
❑ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
Grading Surety Agreement, Permit #B16-0113 Page 4 of 4
61147.02100\24835741.2
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 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 instrument and acknowledged to me that lie/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)
�10
09j
70,
ACKNOWLEDGEMENT BY SURETY
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH I SS.
On this 30th 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 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
anella Barnola
MARIANELLA BARNOLA
,xg Commission # FF 947761
l Expires May 5, 2020
•" P,„F„y. BondedThmTroy Fdnhum” 1003157011
This area for Official Notarial Seal
POWER OF ATTORNEY
LX- 26674$1
Lexon Insurance Company ,.,01
KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its�i office in
Louisville, Kentucky, does hereby constitute and appoint: David H. Carr, Anett Cardinale, Margaret A. Ginem, Brandy L. Baic�f 'true and
lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or oth''itings
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 1st 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.
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x SEAL��
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ACKNOWLEDGEMENT
LEXON INSURANCE COMPANY
BY _
David E. Campbell
President
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.
�µ1101jaeprr
rAo�r,�` AMY TAYLOR
_ Notary Public- State of Tennessee
Davidson County
My Commission Ex6res 07-08-19
`+y CERTIFICATE
BY 6"qaaw
Amy Pylor
Notart Public
I, the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY
that the original Power of Attorney 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 +% , 2016
VON
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SEAL
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1
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."