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14-0902_TNHC SAN JUAN, LLC_Performance Bond PB02497500168MA Bond No. PBO2497500168 Premium: $1,959.0011 yr. PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that TNHC San Juan LLC, a Delaware limited liability company ,as principal (hereinafter called "contractor", and Philadelphia Indemnity Insurance Company , as Surety (hereinafter called "Surety"), are held and firmly bound unto the City of San Juan Capistrano, as oblige (hereinafter called "city"), in the amount of One Hundred Thirty Thousand Five Hundred Seventy -Six & 05/100ths Dollars ($130,576.05 ) for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, fairly by these presents. WHEREAS, contractor has, by written agreement dated , entered into a (describe agreement): Precise Grading Permit No. 6140652, Oliva Tract 17713, Lots 1-13 & 17-22 (a portion of TTM 16146) Earthwork/Drainage & Erosion Control Improvements , which contract is, by reference, made a part hereof. NOW, THEREFORE, the condition of this obligation is such that, if contractor shall promptly and faithfully perform said agreement then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the Contractor in the event of default. BE IT FURTHER RESOLVED, that: As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, or extension of time, alteration, or modification of the contract documents, or of the work to be performed thereunder, shall in any way affect its obligation or this bond, and it does hereby waive the notice of any such change, extension of time, alteration or modification of the contract documents or of work the be performed thereunder. Executed this 6th day of November, 2014 At Orange , California. TNHC San Juan LLC, a Delaware limited liability company PRINCIPAL LV (NOTA uu N AND SEAL) Philadelphia Indemnity Insurance Company SURETY (NOTARTAZATION AND SEAL) D. J. Picard, Aaomey-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Los An9efes On November 6, 2014 before me. Susan E. Morales, Notary Public personally appeared D.J.. Picard who proved to me un the basis of satisfactory evidence tc be the person(0) whose name" Iwardt subscdoed M the within instrument and acknowledged to me that he:bd= t9% executed the same in hisrhedtai authorized capaci yfjoa). and that by his(lhelI)i signature(F) on the instrument the SUSAN E. MORALES person(%), or the entity upon behalf of which the persons) acted, executed the instrument. COMM. J 1930723 S 'r•,d NOTARY PUBLIC-ePL723NW� 1 certify under PENALTY OF PERJURY under me laws of @•r. fps ANGELES ceUNn' the State of California that the foregoing paragraph .s nae �..q6, and COrtedt, htt, Com•". Exfucs Mach 2b. 2015 xr,awwr+^'rrY°�^" Witness my hand and oficiai seal '.,igna:nra ygpm M sJ/�S/a OPTIONAL Susan E. Morales, Notary Public Thcugh the lnrormation below is not required by law. R may prove valuable to pe ,ons relying on the dxumrnf and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bond #PB02497500168 Document Date: November 6, 2014 _ - Number of Pages: 2 _ Signers) Other Than Named Above- None Capacity(fes) Claimed by Signor(s) Signers Name. D.J.. Picard C individual El Corporate Ot!icer—Tlaa(s)'____ —. _ Top of cf thumb i0er Signers Name:_. ❑ individual LI Cor pOr6I60fiI w—Tltle(s):_ u Partner — ❑Urchad Gensrai _i AIn Fact C' Trusteerust.. Guardian cr Conservatcr Tuu of thumb here U Other: Signs, is Reprseennng Signer is Roprnsentinip P_hiAdelpWaandenlnity__.. — _ -- Insurance Company - -- -- - " .:.� �� .r, y ti•' , .;.-c ,1 +: r..,.... ...r.E �•ir-c-cr..�.Cc.Cw-tY>Cr.FYIitCF`:c-'CA. ®PHILADELPHIA INSURANCE COMPANIES U PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St. Asaph's Rd., Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint. TODD M. ROHM, CHERYL L. THOMAS, D.J. PICARD AND BEATA A. SENSI OF ROHM INSURANCE AGENCY Its true and lawful Attorney (s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $5,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I I" day of July, 2011 RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attomey(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto. and (2) to remove, at any time, any such Anorneyin-fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 18T" DAY OF JULY, 2011 •.�O�pANITY . papoitA7f�,G�,�? C . m • ! Presid nt 6 HNSvL�*•N 0 . O >� ,,: ,ta •� ''•,,fid Christopher J Maguire "' l.Naa•� President Philadelphia Indemnity Insurance Company, a Pennsylvania Corporation. On this 18T" day of July 2011, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY, that the seal affixed to said instrument is the Corporate seal of said Company: that the said Corporate Seal and his signature were duly affixed. COMMONWEALTH OF PENNSYLVANIA "C"I Sam MAtiodyA.Itessloida, NntaryPublic p �p(�a 1�01Z aiiar, citric an Aoiwctatlonarteatetma 1, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this I STI' day of July 201 lare true and correct and are still in full force and effect. I do further certify that Christopher J Maguire, who executed the Power of Attomey as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 6th day of November 2014 C eller - Executive Vice President, Chief Financial Officer & Secretary ACKNOWLEDGMENT State of California County of N17t —Ls 4 1 On Punia2i( ID 1� before me, Lr;V t 1Au L L , Vokir-t if "b` i n (insert name and title of the officer) O personally appeared V�Ayai� \- , who proved to me on the basis of satisfactory evidence to be the person( whose name( t fare bscribed to the within instrument and acknowled$ed to me that ey executed the same in r7hedit�eir authorized capacity(ie3j, and that by her their signature(g) on the instrument the person(lq,, or the entity upon behalf of which the person(i) acted, executed the instrument. I certify under PENALTY OF PERJURY under the taws of the State of California that the foregoing paragraph is true and correct. ►- URI mc)H� Commission # 2030579 WITNESS my hand and official seal. Notify Public - California z e Orange County n _ 14 Comm. Exlres Jul 20,2077 Signature (Seal)