16-0816_PACIFIC POINT DEVELOPMENT PARTNERS LLC_Performance Bond No SU1141134BOND NO. SU1141134
INITIAL PREMIUM: $628.00
SUBJECT TO RENEWAL
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 B16-0528 Tract Map No.16751 ("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 Eighty Nine Thousand Seven Hundred Seventy Six and 00/100 dollars ($89,776.00), 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 ~axed 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 #816-0528 Crystal Downs North Models
61147.02100\14215513.2
Page 8 of 10
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 WI1NESS 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 29th day of July, 2016.
Pacific Point Development Partners L.L.C.
Principal
By:------!~-----=--""-
Authorized Signatory
·tpM 13.4-ltY~
(print name)
Arch Insurance Company
Surety
By: tr;tiA~ a~
A · mey-m-Fact
Margaret A. Ginem
(print name) c/o Willis Towers Watson
4211 W. Boy Scout Blvd ., Ste . 1000
Tii!mpa , 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 #816-0528 Crystal Downs North Models
61147.02100\14215513.2
Page 9 of 10
AIC 0000185145
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON BLUE BACKGROUND.
Tjiis P ower o f A~f!g rney limits the acts . of thos e named here i n, and t h ey have no autl;lo r:ity fo--blnd the Company except I n the
mi fnnef_c_-and to th e extent h er ein s ta ted. No t va lid fo r Mortgage, Note-' U:raa,_ Lette·ror-e redl t, Bank Deposit, Cu rrency Rate,
Interest Rate or Residential Value Guarantees.
Kn0w All Pers0ns By These Pres ents:.
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal
adm inistrative office in Jersey City , New Jersey (hereinafter referred to as the "Company") does hereby appoint:
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:
-A'n}' al'fd ·au bonds1 undertakings, recognii.~bc~,aQd .otl';ler'surety obligations .. ;:•l'in •1 ,.tli~ f>e.ri~r ~b.'m ~!~{.':bxceeding ""'-
-, ,~:1 'il·' 'I' 1,1 i· rl il: I', ,I': il!' 'I ,r '1: ,rir I' I! .ri· '! I· rl Ninety Million Dollars ($90.000,00Q.QO), 'i:,•!: !' '!!i ,: ,(i]ii i !,1.
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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!le e~c~tion Qfi._such bonds, un dertakings, recog,nizances and other surety obligatl01iS""in_ p1.fi'Suance of these presents shall be as
-binding . UR,On the_ ·said Company as fylly and. amply to a ll intents and=-pur8o~es , as r tie-s·ame had been •.duly executeCl and
ae~no\'il~.<flge_d by cfts regular ly elected 0ffieers at lts· principal administratlve=affice in~er5eYc Git~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
Sec retary as bein g In full force and effect: ~ , ,
1
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~1 t ~ti ~
"'1/0TED , T hat !We Chairma n of the B0ara; tMPres:raimt, or the Executive i~ice : Pr ~sident ,!:'~}i1any!· Se nior Vice Pr~jldenf, ef::.th.e;,_Su_rety
Business Division, or their appointees=.deSignated lri wri\lng and filed wlth 1 the ·:s e~retary,' br '!'the Secretary shall h aV:e the ~p o~e r=~ncf
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 na ture thereof, and any such officers of the Companl_may appoint agents for acceptance of ___ _
process:" ~ ---~~"'~---c --~~ ~ -~:;.._. --
===-~~ -===== :=:=~ ===-=~ =---=;o '-=-----=
T'his F'eW:er ef Att orney Is si gn ed, seal ed -and ce11ified by facsimi le underc~nd bmuthority of th~llowing resoluti on adepted:;by the --·
unanimous consentef the B'oard of Directo rs of 1he Company on September f5;-2011:
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 Bqsl nes s Divis ion, oUhE!i r app~Q1e.es_ des ignated in writi ng and flie d wi th the Se cretary, and th~ sig11a ture of the ~
Secretary, the ·sea l ·of the Company, aod -cer_tific~ti<;!nsj:)y'lhe Secretary, may be affixed b}( faeslmil e on any power ~rattorney~r b.end
executed pursuant to the resolu tic:m adopted QY-fiJe Bi:>a~;,a ef Directors on September 15, 201 1, and any such Q(lwer so e~culed ,
se:aled and certifi ed with re speet to~any bond or unde rt aki ng to whi ch it is atta ched, sha ll continue to be valid and bin ding upon the
Company.
OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A.
AIC 0000185145
In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized
officers, this 141h day of April , 201§.
Attested and Certified Arch Insurance Company
'\"\ \. 1£ ~+-~n , 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 known to me to be the
same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a
Corp orati on o rganized an d ex isti ng unde r the laws of the Sta te of Misso uri, su bscri bed to the foregoing instr ument, appe ared be fore me
thi s da y in person an d severally ackn owledg ed that they being there unto du ly auth orized sig ned , sea led wit h the corpora te seal and
delive red t he said instrumen t as the free and voluntary act of sa id corp orat ion and as thei r own free and voluntary acts for the uses and
purposes therein set forth . VANIA
~.~
My commission expires 10/03/2017
CERTIFICATION
I, Patrick K . Nails, Secretary of the Arch Insurance Company, do hereby cert ify 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 T:J}(JI,O NY WH ~ have hereurJo subscribed my name and affixed the corporate seal of the Arch insurance Company on
thi s day of , 20..1.fL_.
~(AU
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
OOML0013 00 03 03 Page 2 of 2 Printed in U.S.A.
' .
ACKNOWLEDGEMENT BY SURETY
STATE OF FLORIDA }
COUNTY OF HILLSBOROUGH ss .
On this 29th day of July, 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_---=..~--=.!=·,______,M:.__:_~--------
Gioria Robb
,<'$;..-;~:";;J;;;:,, GLORIA ROBS
[;'{~"'ff: Commission# FF 194062
~~·~-~?i~J Expires January 28 , 2019 ~,,'in¥,,~~~' Bonded lt•Ju Troy Fain lnsurnflce OOO.J9 5-7019
This area for Official Notarial Seal
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 August 4, 2016 before me, Ashley Jean Moelter, Notary Public
(insert name and title of the officer)
personally appeared _T_o_m_B_a_in_e ______________________ _
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 -----~1-=-if---------(Seal)
a ASHLEY JEAN MOELTER
Commission 11 2116903
~ Notarv Public -California ~
) Orange County ?!
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