16-0126_PACIFIC POINT DEVELOPMENT PARTNERS, LLC_Perf Bond SU1143657 21
ORIGINAL BOND NO. SU1143657
INITIAL PREMIUM: $284.00
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 B16-1063 Tract Map No.16747 Lot 1 ("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 Compahy 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 Forty Thousand Five Hundred Twenty Two Dollars and 00/100 cents($40,522.00),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 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
Page 1 of 3
DaRIGi 113V L
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,Florida, this 23rd day of January,2017.
Pacific Point Development Partners LLC Arch Insurance Company
Principal Surety
By: 113rLsN
By: ?AA 9 Q i�
AuthorizedSignatory Attoi'hey-in-Fact
'i b.A ]3 e-I d7 - Margaret A. Ginem
(print name) (print name) do Willis of Florida, Inc.
4211 W.Boy Scout Blvd.,Ste.1000
Tampa,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.
Page 2 of 3
n
2,2
°R/v,
NAL
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, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF 31'
On 1 3 t 201 7, before me, 0
t PO 'f-- , Notary Public, personally
appeared 0 A , who proved to me on the basis of satisfactory
evidence t be the person({whose name( cis/ajIsubscribed to the within instrument and acknow edged to me
that he/s /tloexecuted the same in his/h9f/th authorized capacity(s), an that by his/hfr/th r signatures
on the i struriment the personX, the entityupon behalf of which the person acted, execute the instrument.
p � p
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and c• .,:,.••
C.POS
; 2.:00":, Z COMM. #2104225 s WITNESS myhand and official seal.
,-
'., :-; R Notary Public•California p
z „ San Diego sourly. 0 ., k(4-----
.' . Comm. .res Mar.22,2019
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 DESCRIPTION OF ATTACHED DOCUMENT
❑ Individual
❑Corporate Officer
Title(s) Title or Type of Document
❑ Partner(s) ❑ Limited
❑ General Number of Pages
o Attorney-In-Fact
0 Trustee(s)
❑Guardian/Conservator Date of Document
0 Other:
Signer is representing:
Name Of Person(s)Or Entity(ies)
Signer(s)Other Than Named Above
Page 3 of 3
D°19/GiAtti
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 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
On before me, (here
insert name and title of officer), 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 (Seal)
' ORIGINAL
ACKNOWLEDGEMENT BY SURETY
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH 1 SS.
On this 23rd day of January, 2017 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 ,�`,--f, ,r61,,,L ,PA- ( t2 wZI- /�
Mar4anella Barnola
0:74,,, MARIANELLA BARNCLA
E,:i j . Commission#FF 947761
1�
= :r Expires May 5,2020
P, , imdad Thru Troy Fain Insurance SOOJES-7019
This area for Official Notarial Seal
ORIGIN
11111 ,111 1 ! HIilI
, 11111111'111 '1111111
tli
f
AIC 0000203177
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 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 of attorney 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.
.. .
grs AIC 0000203177
In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their autriOriAed
officers,this 7th day of December, 2016.
Attested and Certified Arch Insurance Company
/ / A i
1931 1016 ' r a-1-_____-
Patrick K. Nails, Secretary David M. in e stein, Executive Vice President
STATE OF PENNSYLVANIA SS34f61
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.
cOMtaoNWEA%-Tti qr P NN YLVANIA
NOTARIAL SEAT.
HELEN SZAFRAN„Wary Pt141c
ay of PhIladelptifa,Phila.County
!V C.s +on s Oct er 3,2017
elen Szafran, N taryPubli
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 December 7,
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 TESTIMQNY WH REOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on
this c23 -day of 4z14.. „i , , 20 / 7 .
/ /
it //f r x
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 ,0once e
Philadelphia, PA 19102 +,t'C
(*) ro,AY£ 4
a 1971
$tSs4tufi
00ML0013 00 03 03 Page 2 of 2 Printed in U.S.A.