16-1121_PACIFIC POINT DEVELOPMENT COMPANY, LLC_Performance Bond SU1141196D ORI GINAl.
BOND NO. SU1141196
INITIAL PREMIUM: $1,268.00
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 16747, Lot I Rough Grading ("the
Work");
WHEREAS , the Work to be performed by Principal is Fore particularly set forth in
that certain Grading Surety Agreement dated 11 I 2.d U {e , 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 ofMissouri, 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 One Hundred Eighty One Thousand One Hundred Five and 00/100 dollars
($181,105.00), 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 ifPrincipal , 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 tenns 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 #816-0763
61147 .02 t00\2 4835741.2
Page 8 of 10
OoR ~r
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 ofthe 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 nth day ofNovember, 2016 .
Pacific Point Development Partners LLC
Princip ~
By: ~sA
-Pl e"ident 1\Vn{""" 'l-®h.l 5s \b,J~ p 1 1p • Bod em t
(print name)
Arch Insurance Company
Surety
By:~~tJ.~
Attorn -m-Fact
Margaret A. Ginem
(print name)
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 TIDS BOND.
Grading Surety Agreement , Permit #B 16-0763
61147.02100\24835741.2
c/o Willis of Florida, Inc.
4211 W. Boy Scout Blvd ., Ste. 1000
Tampa, FL 33607
Inquiries: (813) 281-2095
Page 9 of 10
CJDRIGINAL
Notary 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, ana not the
truthfulness, accuracy , or validity of that document.
STATE OF CALIFORNIA
COUNTY OF _____ _
On ________ _____,_ 20_, before me , ______________ , Notary Public , 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 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 of Notary Public
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
0 Individual
0 Corporate Officer
0 Partner(s)
0 Attorney-In -Fact
0 Trustee(s)
0 Guardian/Conservator
0 Other:
Signer is representing :
Title(s)
0
0
Name Of Person(s) Or Entity(ies)
Limited
General
Grading Surety Agreement , Permit #816-0763
61147.02100\24835741.2
DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
Page 10 of 10
ACKNOWLEDGEMENT BY SURETY
STATE OF FLORIDA }
COUNTY OF HILLSBOROUGH ss .
On this 11th day of November, 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
•""""•· GLORIA ROB S .:-~~v.!JI.~(; .... ,
ff.( J;;."'·r;-,. Commission# FF 194062
~~h~~_j} Expires January 28, 201 9 '-:f,19f11~!;~''' Bonded Thill Troy Fam Insurance 800-385-7019
Th is ar ea for Official Notarial Sea l
AIC 0000185173
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON BLUE BACKGROUND.
This Power of Attorney limits the acts of those named herein, and t@y have no authariJY to bind the Company except in the
manner-and to the extent herein stated. Not valid for Mortgage, Not.e, LoanJ Letter of!leredtt, Bank Deposit, Currency Rate,
Interest Rate or Residential Value Guarantees.
eDWER 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 Cardinale, Brandy 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, recognizances andoother surety obligations, in the penal sum not exceeding
Ninety Million Dollars ($90.000.000.00). =
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 ex.el:lltion of such bonds, undertakings, recognizances and other surety obligations in pur:suance of these presents shall be as
binding upon the ~said Company as fully and amply to all intents and purpos.es , as if the same had been duly executed and
acknowledged by itS regularly elected officers at its principal administrative office in;:l ersey 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 Pres1a.ent, or the Executive Vice President, or any Senior Vice Pres ident, of th.e Surety~
Business Division, or their appointe.es 'c;lesignated l n writing and filed with the Secretary, or the 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~"
Th is Power of Attorney is signed, sealed and certified by facsimile under and by:~uthority of the following resolution adopted by the
unanimous consent of the Board of Directors of the Company on September 15, 20r1 :
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 thei r_ appointees designated in writing and filed with the Secretary, and the signature of the ~
Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power~ attorney"C:>r bond
executed pursuant to the resolution a.d_oe!.ed by fne'Board of Directors on September 15, 2011, and any such power so executed,
sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid am:J binding upon the
Company .
OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A.
AIC 0000185173
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, 201§.
Attested and Certified Arch Insurance Company
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
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 .
CERTIFICATION
I, Patrick K. Nails, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated April14. 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. Finkelste in, 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 TESf11<10NY Wf-:if;;~EOF , ~have hereur}o subscribed my name and affixed the corporate seal of the Arch Insurance Company on
this_/ __ day of ~-· 20_V __ .
~~-
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.
lJ ORIGINAL
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 NOVEMBER 14, 2016 before me, ASHLEY JEAN MOELTER, NOTARY PUBLIC
(insert name and title of the officer)
personally appeared PHILIP S. BODEM
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.
·e ASHLEY JEAN MOELTER t ~~ Commission# 2116903 !
Notary Public -California ~
Orange County ~
.t.1y Comm . Expires Jun 23, 2019 f
Signature ----+-~.,._........:~------(Seal)