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17-0407_PACIFICA POINT DEVELOPMENT PARTNERS LLC_Perf Bond No. SU1143735 Obi /G/ 111 44 BOND NO. SU1143735 INITIAL PREMIUM: $2,521.00 SUBJECT TO RENEWAL "Pacifica San Juan" 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 Tract Map Nos.Tract 16751,Lots 6-22("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 Three Hundred Sixty Thousand, One Hundred Twenty Four and 00/100 Dollars ($360,124.00),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 Grading Surety Agreement, Permit#B16-1397 Page 1 of 3 61147.02100\24835741.2 • O'VG�/ obligations on this bond, and it does hereby waive notice of any such change, extension of time, Ai 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 10th day of April, 2017. Pacific Point Development Partners L.L.C. Arch Insurance Company Principal Surety By: fi By: Authorized Signatory Attorn -in-Fact j,1J T. �it a' Margaret A. Ginem (print name) (print name) cio 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. Grading Surety Agreement, Permit#B16-1397 Page 2 of 3 61147.02100\24835741 2 4). R/G/ CALIFORNIA114/ ALL-PURPOSE ACKNOWLEDGMENT CML CODE§1189 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 . ) Coun of �( ) On /II O'1 before me, (Ai 'LaOf Otarq Date - - Insert Name and Title ot'thfU ?)/Ci f icer personally appeared '�"r r� /' Name(s)of Signer(s) 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 W. LEWIS is true and correct. t,ti; Commission # 2088325 z WITNESS my hand and official seal. Notary Public California z z gg1r Orange County n 3_ _ _ My Comm.Expires Oct 31,20_14 Signature t\iLtA)titit,6 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑Partner — ❑Limited ❑General ❑Partner — ❑Limited ❑General ❑Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association•www.NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 • 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 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 DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑Corporate Officer Title(s) Title or Type of Document ❑ Partner(s) ❑ Limited ❑ General Number of Pages 0 Attorney-In-Fact 0 Trustee(s) ❑Guardian/Conservator Date of Document ❑Other: Signer is representing: Name Of Person(s)Or Entity(ies) Signer(s)Other Than Named Above Grading Surety Agreement, Permit#B16-1397 Page 3 of 3 61147.02100\24835741.2 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) r e,/ n V /114/ ACKNOWLEDGEMENT BY SURETY STATE OF FLORIDA COUNTY OF HILLSBOROUGH 1 SS. On this 10th day of April, 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 ,�p � 787tit rianella Barnola si;.:::Fli - MARIANEUA BARNOLA =e: r4 urs Commission#FF 947761 '�)moi►- = Expires May 5,2020 '�'4A,'''''+ Bonded Thru Troy Fain Insurance 800-385.7019 This area for Official Notarial Seal , -s , "1,11 , • I AIC 000 85 0 1 242 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON BLUE BACKGROUND. we=oYAttorney limits thje 14010'NSR t sejl herein, and ti ter to bind the Conte a in the 0I 0,, - a s# ' y Ifo Vllortgage, N >` re , Ban�/rDepo � i �- mann�`�r�tf� the extent here, interest Rate or Residential Value doara'ntees. 4�'T yIN -_ _ POWER OF ATTORNEY q KrLewAffPe+soos By These Preset y = _ II That the ArchInsurance Company, a corporation organized and existing under the laws of the State of Missouri, having its administrative office in Jersey City, New Jersey(hereinafter referred to as the"Company")does hereby appoint: II , Aftt=irru-%dandy Baich,David 11Car,6441 0 and and M argarcl ra (EACH) II,' lI -- _ its true and lawful Attomey(s)in-Fact,to make,execute,seal,and deliver the date of issuance of this power er for and on its behalf as surety,and as its act and deed: Any andel!bonds,undertakings, reinwiceealndother surety obligations,in thle 1penlalb M Il m II :net exceeding -_ - - -Ninety Million Dollars($90.000.00 I ��I I �I, �I This authority does not permit the same obligation to be split into two or more Ibenllds In order to bring each such bond within the dollar limit of authority as set forth herein. The exwAorr±etsuch bonds, undertakings rp,cngnizanc es and other surety obligations-in prance of these presents shalt be as bt ii uwitsaid Company,rhe MI a�n ai p j to,all intents and o , as if the me had been duly-executed -midi by its regularly elected d was i i1,, ► � oio �'1:administrativc fir it e r y Ne 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: :7::_-t= VOTED,That the Chairman of th S d the President,€or the Executives y'ic i t'II II a,riy,Senior Vice Pr eht i =l—tom Business Dwwsion or their a in s na =err writin and filed witl'!t a e'i ''or the secretaryshall lid wend PPo 9 �I $ �h< � � 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 ice t At�rney is signed, sealed ndlip 1 by,I'Ilfacsimile unde ndip ► theAillowing resolution a d etbie-y - unanimous consent of the Board of birectors' of the Company on September-15720n: 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 tisiness Division, or their appointees esignated in writing and filed „wits t111,,, ecretary, and the signature of_the e�y P — Secretary, a q on any powers ted Secr -the sal of the Coma ra tie mp I x�{�'bar l� � i s executed rr iant=to the resolut adopted by theam:4 of.Directors.,�ph i rih j`,10'I,I 1'''IIJand any such vi r cu , 4sealed and certified with respect to - txmd orirndbrtatcin to which-it ie'li'Stt kr ani, s'ha MV'cbh'tinue to be valid ander uporrthe- 9 Company. - - 1 -- , . . . _,... .._, 00ML0013 00 03 03 'Page-4-of2 Printed in U.S.A. GirNg 0000185242 Z 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 {/ 0 wrcrc nrE 4 SEAL '` =---- -- ------ « gamtvt411.-41 Patrick K. Nails,Secretary David M. in e stein, Executive Vice President STATE OF PENNSYLVANIA SSS rl 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. COMINE)NWEAL11.4 90,PENNSYLVANIA NOTARIAL.SEAL HELEN ST,AF1W&Nutay Public CoyCfsionExpires pSOctx;ber3,,2017 - - --- Myc�x> io rte"i 4, elen Szafran, taryP'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 TESTIMONY WHE• •F,. ave hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this fDi day of 4:740 r 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 sa Ce 0 Philadelphia, PA 19102 O cvrinxurl -!# SEAR 1371 tssouri 00ML0013 00 03 03 Page 2 of 2 Printed in U.S.A.