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16-0202_PACIFIC POINT DEVELOPMENT PARTNERS, LLC_Perf Bond SU1143665 BOND NO. SU1143665 INITIAL PREMIUM: $1,825.00 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 B16-1065 Tract Map No.16747 Lot 2("the Work"); WHEREAS,the Work to be performed by Principal is more particularly set forth in that certain Grading Surety Agreement dated , 2017 ("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 Two Hundred Sixty Thousand Seven Hundred Twenty Two dollars ($260,722), 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,allto 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#B16-1065 Splashes Recreational Center Page 8 of 10 61147.02100\14215513.2 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 3rd day of February 2017. Pacific Point D lopment Partners LLC Arch Insurance Company Principal Surety By: By: Ct (l/t_--- Aut rized Si na ory Attorney-in-Fact \A n/1/ 12- O J ) Brandy Balch (print name) (print name) Inquiry: Willis of Florida, 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#B16-1065 Splashes Recreational Center Page 9 of 10 61147.02100\14215513.2 ACKNOWLEDGEMENT BY SURETY STATE OF FLORIDA COUNTY OF HILLSBOROUGH SS. On this 3rd day of February, 2017 before me, personally came Brandy Baich, 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 OVii;'i•. EILEEN C.HEARD 14 Commission#FF 163460 xeOto c�P`as BE,dedpirThors TroycFain b 22,c 2018 800385-7ol9 This area for Official Notarial Seal 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 fouuat 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 Califoa County of �_ I On 0(Da 'l /is 7 before me, W Leiti17 19 (here l insert name and ti 'e of officer),personally appeared ,Mar - a(-P6 who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the instil:me, and acknowledged to me that he/she/they executed the ;am; 1_i: her/then, 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 d official sear Signature (Seal) W. LEWIS ...ti Commission #2088325 z A Notary Public -California D 77 Orange County My Comm.Expires Oct 31,2018 • 111'11'111 UII VIII 1 III,4II II ill III0 0111111' '11 AIC 0000184975 THIS POWER OF ATTORNEY IS NOT VALID UNLESS ITIS PRINTED ON BLUE BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Not valid for Mortgage, Note, Loan, Letter of Credit, Bank Deposit, Currency 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 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 and other 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 execution of such bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal administrative office in Jersey 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 President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in 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." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on September 15,2011: 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 Business Division, or their 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 ofcey or bond executed pursuant to the resolution adopted by the 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 and binding upon the Company. 00ML0013 00 03 03 Page 1 of 2 Printed in U.S.A. AIC 0000184975 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 )111f4rrxr 1 ( WT Mit I ri `"-�---- i/lied Patrick K. Nails, Secretary David M. in e stein, Executive Vice President STATE OF PENNSYLVANIA SSS uri 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. NOTARIAL SEAL HELEN SZAFRAN,Notary Public Cky of Philadelphia,Phila.County My Con clan Expires October 3,,2017 elen Szafran, tary P"ubli My commission expires 10/03/2017 CERTIFICATION 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 T IMON . ! E .. •F, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this _/_,•ay of6,,,a_ ___ 7_,20/ _. 14)101 r,iiii etitLI 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 0011043 0Q Philadelphia, PA 19102 a 'xrUIK T E Ve m. I. 19.71 18T1 lanolin 00ML0013 00 03 03 Page 2 of 2 Printed in U.S.A.