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16-1020_PACIFIC POINT DEVELOPMENT PARTNERS, LLC_Performance Bond No SU11411642 D 01. -7% f AL BOND NO. SU1141164 INITIAL PREMIUM: $528.00 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 LLC ("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 15609, Lots 21-23 ("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 Seventy Five Thousand Four Hundred Eighty Two dollars ($75,482.00), 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 taxed as casts 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 #1316-0777 Page 8 of 10 61147.02100\24835741.2 DORIGL p" AL 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. FL , this 12th day of October , 2016._ Pacific Point Development Partners LLC Arch Insurance Company Principal S urety - By: A A By. % AvIA Gr QZ ) S16NAVXLI Attorne -in-Fact W4 ,ak, . . Margaret A. Ginem (print name) (print name) Inquiry: Willis of Florida, Inc. 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 #1316-0777 Page 9 of 10 61147.02100\24835741.2 ACKNOWLEDGEMENT BY SURETY STATE OF FLORIDA COUNTY OF HILLSBOROUGH I SS. On this 12th day of October 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 Eileen C. Heard EILEEN C. HEARD Commission # FF 163460 Expires October 22, 2018 Bonded Tlru Troy Fain Insurance 800.385.7019 This area for Oficial Notarial Seal ?ORIG�"',AL Senate Bill 1050, amends Sections 1189 and 11.95 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 e— On (-1(before me, ?tqs-a-��L: , Ts(g4j " � L- (here insert name and title of officer), personally appeared ' kL6SO �-A nNeJL.&&� , who proved to me on the basis of satisfactory evidence to be the person(*<-vvhose nam e(p iS/awlsubscribed to the within instrument and acknowledged to me that he/s�/tljwf-executed the same in his/ljj fl authorized capacity(i , and that by his/her et signature(,%) -on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. 1 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 ficial seal. C. POS Signatureo (M• #2104225 San Cftft Public • California o Diego06 Cpnn,es Mar. 2019 'INAL AIC 0000184958 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 14th day of April, 2016. Attested and Certified Arch Insurance Company C 1� SE, �j Patrick K. Nails, Secretary M�3S4f�1� STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS � J :David M. �ih`I<eTstein, Executive Vice President 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. 4K r'rNN5n.ynrain NOTAXAL SEAL ._ HELEN SZAFRAN, Notary P6IIc CitydPhllade!phia, Phlla. Coury thy Commission Expires October 3.2017 CERTIFICATION Ze�len ---- --/ta�_�ry__�Lbvlii Szafran, My commission expires 10/03/2017 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 TEST14ONY WH OF, re hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this Q --day of - 20 . -----------------------V Pa 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 �,'►f��-- C'� Philadelphia, PA 19102 �w1 _t?C�xr�r E �ci sou +axe NIS cod OOML0013 00 03 03 Page 2 of 2 Printed in U.S.A. AIC 0000184958 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON BLUE BACKGROUND. T vm- r of Attorney limits the acts of those named herein, and HW hav"a t mind the Comps pt in We It d to ffe extent herein stated. Not valid for Mortgage, No Loam=L _ JXreddrt, Bank Deposit, C erre cy 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 Cardinaley Baich, David H. Carr, Eileen C. 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, recognizanc _ and-ot_h_e��urety obligations, in the penal sum not exceeding Ninety Million Dopers ($90,000,0001 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. The execution of such bonds, undertakings, recognizances and other surety oblations -_in pursuance of these presents shall b as _ -- - _ kii uth said Company as fully and amply to all intents and pu ries �I_me had been._Ft�ted fid_ _ = 2 coveys regularly elected officers at its principal administrativaofficein Jersey Mersey. 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: "1 OTED, That the Chairman of thw- r her t, or the Executive Vice President, or any Senior Vice PreWent,hi"ur - Business Division, or their appoint Ana--t6 rFWriting and filed with the Secretary, or the Secretary shall have #he -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." =_- Power of Attorney is signed, sealed and certified by facsimile undefAnd by authority of thd*llowing resolution ad _e _ y the unanimous consent of the Board of Directors of the Company on September t", 011: 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 Aesignated in writing and filed with the Secretary, and the signature -outhe-- Secretary, the seal of the Company, an rti a s e Secretary, may be affixed by facsimile on any power- Corney — executed4mrsuant to the resolution adoped*CAM Wiftard of Directors on September 15, 2011, and any such wer e c sealed and certified with respect tom fwd 761nftrtaking to which it is attached, shall continue to be valid arxMiIft uponfthe= Company. OOML0013 00 03 03 Page of 2 ti� Printed in U.S.A. P'�'((o-0777 PROJECT OR TRACT NUMBER OWNER / SUBDIVIDER PENINSULA - TR 15609 -Lots 21 thru 23 -Models Taylor Morrison ENGINEER CALCULATED BY ADAMS-STREETER CIVIL ENGINEERS, INC. DATE : 10/11/2016 JOB NO.: 15-2092 PRELIMINARY CONSTRUCTION COST ESTIMATE No. DESCRIPTION UNIT PRICE TOTAL MODEL PRECISE GRADING 1 CONSTRUCT CONCRETE DRIVEWAY PER LANDSCAPE PLANS 2,780 SF @ $ 7.00 $ 19,460 2 CONSTRUCT 4" A.C. PAVEMENT OVER NATIVE 687 SF @ $ 3.00 $ 2,061 3 INSTALL REDWOOD HEADER 81 LF @ $ 3.00 $ 243 4 CONSTRUCT 4 -INCH THICK CONCRETE WALKWAY PER LANDSCAPE PLANS 1,586 SF @ $ 7.00 $ 11,102 5 INSTALL WHEEL STOP 1 EA @ $ 125.00 $ 125 6 CONSTRUCT DRIVEWAY APPROACH PER CITY OF SAN JUAN CAPISTRANO STD. 401 303 SF @ $ 10.00 $ 3,030 7 INSTALL TEMPORARY HANDICAP & CUSTOMER PARKING SIGNAGE AND STRIPING 1 LS @ $ 1,500.00 $ 1,500 8 INSTALL 12" SQUARE NDS 1212 AREA DRAIN INLET WITH ADAPTER & OUTLET 44 EA @ $ 100.00 $ 4,400 9 INSTALL 12x12 BROOKS PRODUCTS CATCH BASIN 1 EA @ $ 750.00 $ 750 10 INSTALL 4" BRASS INLET 4 EA @ $ 75.00 $ 300 11 INSTALL 4" NDS 13 ROUND GRATE 5 EA @ $ 50.00 $ 250 12 INSTALL 4" PVC (Sch 40) PIPE 1252 LF @ $ 12.00 $ 15,024 13 INSTALL 6" PVC (Sch 80) SLEEVE 20 LF @ $ 25.00 $ 500 14 INSTALL 6" PVC (Sch 40) PIPE 125 LF @ $ 18.00 $ 2,250 15 INSTALL 8" PVC (Sch 40) PIPE 20 LF @ $ 24.00 $ 480 16 INSTALL 12" PVC (Sch 40) PIPE 3 LF @ $ 30.00 $ 90 17 CONSTRUCT CONNECTION TO EXISTING CATCH BASIN PER OCPW STD. 332-5 1 EA @ $ 500.00 $ 500 18 INSTALL CURB DRAIN 4 EA @ $ 250.00 $ 1,000 19 EARTHWORK SPOILS FROM FOUNDATIONS, SIDEWALKS, SWALES, AND SIDEYARD GRADING 50 CY PER LOT X 3 LOTS = 150 CY TOTAL 3 LOTS $ 500.00 $ 1,500 20 EROSION CONTROL 21 GRAVEL BAG VELOCITY REDUCER 54 LF $ 3.75 $ 203 22 DRAIN INLET GRAVEL BAG PROTECTION 46 EA @ $ 3.75 $ 173 23 CATCH BASIN PROTECTION 2 JEA @ $ 100.00 $ 200 24 SIGLE ROW OF GRAVEL BAGS 928 ILF $ 3.75 $ 3,480 SUB -TOTAL IMPROVEMENTS $ 68,620 10% CONTINGENCY $ 6,862 TOTAL IMPROVEMENTS $ 75,482 APPRQ.!IED QROFESS, ORIGINAL cD o, No. 42615 Q a i�"'>���C► PAGE 1 OF 1