Contract No.: 2( 321 - 07 4
Approval Date: i I zi 1zo # 9
SUBDIVISION IMPROVEMENT AGREEMENT
by and between
CITY OF CHINO
and
CHINO PRESERVE DEVELOPMENT CORPORATION
TRACT MAP NO. 20161
7- 16- 20 Updated 11- 2017
SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN
THE CITY OF CHINO
AND
CHINO PRESERVE DEVELOPMENT CORPORATION
TRACT MAP NO. 20161
Agreement Date: July 21st, 2020
Subdivider Name: Chino Preserve Development Corporation Subdivision Description: On August 5, 2019, the Planning Commission of the City approved the Developer' s application for PL18- 0010 ( Master Site Approval) and PL18- 0011 ( Tentative Tract Map No. 20161), an " A" level master plan and subdivision of 44. 13 adjusted gross acres of land and an associated 1.5-acre lot that includes a basin for the development of up to 494 residential units at an overall density of 11. 19 dwelling units per acre.
Tentative Map No.: 20161
Estimated Total Cost of Improvements: $ 12,963, 500. 00 revise per new phasing, and include multiple sections for separate bond amounts
Estimated Total Cost of Monumentation: $ 30, 000. 00 ( based upon the plans, including individual lots, subdivision boundary and public improvements).
Security: The Ohio Casualty Insurance Company
Bond No. 024247174 - Monumentation
Bond No. 024247173 — Pine Ave. Stage 3 Improvements
Bond No. 024247172 — Pine/ Euclid Ave. Improvements
Bond No. 024247171 — Storm Drain Line H
Bond No. 024247170 — In- Tract Van Vliet & Pine Ave. Stage 2 7- 16- 20
Designees for the Service of Written Notice:
CITY: SUBDIVIDER:
Chris Magdosku Chino Preserve Development Corporation
City Engineer Attn: Mr. Bryan Goodman
13220 Central Avenue 1156 N. Mountain Avenue
Chino, CA 91710 Upland, CA 91785- 0670
909) 334- 3417 909) 946- 7500
cmagdoskuacityofchino. orq Bryan. Goodman@lewismc. com
CITY PROJECT INSPECTOR SURETY
Isaac Ortega
Permit & Inspection Supervisor
The Ohio Casualty Insurance Company
13220 Central Avenue
Chino, CA 91710
909) 334- 3501
iortegacityofchino. org
7- 16- 20
TABLE OF CONTENTS
1. Construction Obligations 2
1. 1 Works of Improvement
1. 2 Other Obligations Referenced in Conditions of Tentative Map Approval
1. 3 Intent of Plans
1. 4 Survey Monuments
1. 5 Performance of Work
1. 6 Changes in the Work
1. 7 Defective Work
1. 8 No Warranty by City
1. 9 Authority of the City Engineer
1. 10 Documents Available at the Site
1. 11 Inspection
1. 12 Compliance with Law; Applicable Standards for Improvements
1. 13 Suspension of Work
1. 14 Erosion and Dust Control and Environmental Mitigation
1. 15 Final Acceptance of Works of Improvement
1. 16 Vesting of Ownership
1. 17 Subdivider' s Obligation to Warn Public During Construction
1. 18 Injury to Public Improvements, Public Property or Public Utility
2. Time for Performance 6
2. 1 Commencement and Completion Dates
2. 2 Phasing Requirements
2. 3 Offsite Improvements Requiring Acquisition of Interest in Land
2. 4 Interim Pine Improvements
2. 5 Force Majeure
2. 6 Continuous Work
2. 7 Reversion to Acreage
3. Labor 7
3. 1 Labor Standards
3. 2 Nondiscrimination
3. 3 Licensed Contractors
3. 4 Workers' Compensation
4. Security 8
4. 1 Required Security
4. 2 Form of Security Instruments
4. 3 Subdivider' s Liability
4. 4 Letters of Credit
4. 5 Release of Security Instruments
5. Cost of Construction and Provision of Inspection Service 11 7- 16- 20
5. 1 Subdivider Responsible for All Related Costs of Construction
5. 2 Paymentto City for Cost of Related Inspectionand EngineeringServices
5. 3 Payment of Development Impact Fees
6. Acceptance of Offers of Dedication 12
7. Warranty of Work 12
8. Default 12
8. 1 Default by Subdivider
8. 2 Remedies
8. 3 Notice of Violation
8. 4 Remedies Not Exclusive
8. 5 Attorney' s Fees and Costs
8. 6 Waiver
9. Indemnity/ Hold Harmless 14
10. Subdivider' s Indemnity of Project Approval 15
11. Insurance Requirements 15
12. Environmental Warranty 17
13. General Provisions 18
13. 1 Successors and Assigns
13. 2 No Third- Party Beneficiaries
13. 3 No Vesting Rights
13. 4 Subdivider is Not Agent of City
13. 5 Time of the Essence
13. 6 Notices
13. 7 No Apportionment
13. 8 Severability
13. 9 Captions
13. 10 Incorporation of Recitals
13. 11 Interpretation
13. 12 Entire Agreement; Waivers and Amendments
13. 13 Counterparts
14. Authority 20
7- 16- 20
SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT ( this " Agreement") is entered into this 21stday of July, 2020, by and between the CITY OF CHINO, a municipal corporation, organized and existing in the County of San Bernardino, under and by virtue of the laws of the State of California, (" City"), and CHINO PRESERVE DEVELOPMENT CORPORATION, a California corporation (" Subdivider").
RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision map identified as Tentative ( Tract/ Parcel) Map No. 20161, ( the " Map"), located in the City of Chino, County of San Bernardino, State of California ( the " Property"), as described on Exhibit " A". The Map requires Subdividerto comply with certain conditions of approval for the development of the Property ( the " Conditions") as described on Exhibit " B".
B. Pursuant to the Conditions, Subdivider, by the Map, has offered for dedication to City for public use of the streets and easements shown on the Map. City desires to accept the streets and easements shown on the Map for public use, and certain other improvements described in this Agreement.
C. Subdivider has delivered to City, and City has approved, plans and specifications and related documents for certain " Works of Improvement" ( as hereinafter defined) which are required to be constructed and installed in order to accommodate the development of the Property.
D. Condition 5. 1 of the Development Engineering Division Conditions requires Subdivider to construct certain interim improvements of Pine Avenue between Euclid Avenue and Mayhew Avenue (" Interim Pine Improvements"). Condition 2.27 of the Development Engineering Division Conditions provides that City will design the Interim Pine Improvements. Furthermore, certain rights of way and State and federal environmental permits must be acquired before the Interim Pine Improvements can be constructed.
E. Condition 5. 1 of the Development Engineering Division Conditions also requires Subdivider to construct the Line H storm drain lateral described in Condition 2. 16 of the Development Engineering Division Conditions (" Line H Lateral"). Certain rights of way must be acquired before the Line H Lateral can be constructed.
F. Condition 1. 11 of the Development Engineering Division Conditions requires that Pursuant to Section 66462. 5 of The Subdivision Map Act, if unable to acquire right-of-way, Subdivider shall] enter into an agreement with the City to complete the improvements at such time as the City acquires the right- of- way." The parties intend for this Agreement to satisfy Condition 1. 11.
G. Subdivider' s agreement to construct and install the Works of Improvement pursuant to this Agreement and its offer of dedication of the streets, easements and other improvements 7- 16- 20 1 of 21
and facilities, as shown on the Map, are a material consideration to City in approving Final Map No. 20161 for the Propertyand permittingdevelopmentof the Propertyto proceed.
COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference and in considerationof City's approving the Map for the Property and permitting development of the Propertyto proceed, Subdivideragrees to timely performall of its obligationsas set forth herein.
1. Construction Obligations.
1. 1. Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct or install, or cause to be constructed or installed the street, drainage, domestic water, sanitarysewer, street lighting, landscaping, utility, and other improvementsmore fully described in Exhibit " B" attached hereto ( the " Works of Improvement"), as the same may be supplemented and revised from time to time as set forth in this Agreement ( said plans and specifications, together with all related documents, the " Plans"). The estimated construction costs for the Works of Improvement is $ 12, 963, 500. 00.
Van Vliet In- Tract and
Bond 1 Pine Stage 2 Improvements $ 6, 861, 500. 00 Milestone: completion within 2 years Milestone: completion within one- year
Bond 2 Storm Drain Line " H" 340, 300. 00 after ROW is acquired Milestone: completion prior to end of
Bond 3 Pine Stage 3 Improvements 4, 028, 400. 00 2021
Milestone: completion one- year after
ROW is acquired and environmental
Bond 4 Pine/ Euclid Improvements 1, 733, 300. 00 permits are obtained
1. 2. Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Subdivider shall satisfy all of the Conditions on the Map for the Property. The Conditions associated with the Map are included in Exhibit " B" attached hereto.
1. 3. Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer ( or designee), and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for Subdivider' s contractor to complete its tasks, incidental appurtenances, materials, and the like.
If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final.
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Subdivider recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer. The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the work. Without the City Engineer' s prior written approval, no change shall be made by Subdivider or its contractor to any plan, specification, or working or shop drawing after it has been stamped as approved.
1. 4. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments as shown on Final Map 20161 in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Chino. Subdivider shall provide security for such obligation as provided in Section 4. 1( a)( iii) and, after setting the monuments, Subdivider shall furnish the City Engineer written notice of the setting of said monuments and written proof of having paid the engineer or surveyor for the setting of said monuments.
1. 5. Performance of Work. Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider' s obligations under this Agreement.
1. 6. Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or its contractor in writing ( by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. The City and Subdivider may mutually agree upon changes to the Works of Improvement, subject to the security requirements in Section 4.
1. 7. Defective Work. Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective.
1. 8. No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the Plans or related documents.
1. 9. Authority of the City Engineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and its contractor.
1. 10. Documents Available at the Site. Subdivider shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City' s inspectors and engineers at all times.
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1. 11. Inspection. Subdivider shall have an authorized representative on the job site at all times during which work is being done who has full authorityto act for Subdivider, or its design engineer, and Subdivider' s contractor( s) regarding the Works of Improvement. Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or notthe Works of Improvementas performedare in accordancewith the requirementsand intent of this Agreement, including the Plans. If the City inspector requests it, the Subdivider' s contractor, at anytime before acceptanceofthe Worksof Improvement, shall removeor uncover suchportionsof the finishedwork as may be directedwhich have not previouslybeen inspected.
After examination, the Subdivider' s contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City Engineer ( or designee) shall not be considered as direct control of the individual workmen on the job site. City' s inspectors shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement.
The inspection of the work by City shall not relieve Subdivider or its contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstandingthat such materials or work may have been previously overlooked or accepted.
1. 12. Compliance with Law; Applicable Standards for Improvements. In addition to the express provisionsof this Agreement and the Plans, Subdividershall cause constructionof the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. In addition, without limiting the foregoing, the Subdivider shall, at its expense, obtain and comply with the conditions of all necessary permits and licenses for the construction of the Works of Improvement. The Subdivider shall also give all necessary notices and pay all fees and taxes as required by law.
Subdivider shall construct the Works of Improvement in accordance with the City standards in effect at the time of the adoption of the Approved Tentative Map. City reserves the rightto protectthe public safety or welfare or complywith applicableFederal or State law or City zoning ordinances.
1. 13. Suspension of Work. The City Engineer shall have authority to order suspension of the work for failure of the Subdivider' s contractor to comply with law pursuant to Section 1.12.
In case of suspension of work for any cause whatsoever, Subdivider and its contractor shall be responsible for all materials and shall store them properly if necessary, and shall provide suitable interim drainage and/ or dust control measures, and erect temporary structures where necessary.
1. 14. Erosion and Dust Control and Environmental Mitigation. All grading, landscaping, and constructionactivitiesshall be performedin a mannerto controlerosionand preventflooding problems. The City Engineer shall have the authority to require erosion plans to prescribe reasonable controls on the method, manner, and time of grading, landscaping, and construction activities to prevent nuisances to surrounding properties. Plans shall include without limitation temporary drainage and erosion control requirements, dust control procedures, restrictions on truck and other construction traffic routes, noise abatement procedures, storage of materials and equipment, removal of garbage, trash, and refuse, securing the job site to prevent injury, and similar matters.
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1. 15. Final Acceptance of Works of Improvement. After Subdivider' s contractor has completed all of the Works of Improvement, Subdivider shall then request a final inspection of the work. If items are found by the City's inspectors to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the Subdivider or its contractor of such items. After the Subdivider' s contractor has completed these items, the procedure shall then be the same as specified above for the Subdivider' s contractor' s initial request for final inspection. If items are found by City' s inspectors to be incomplete or not in compliance after two ( 2) " final" inspections, the City may require the Subdivider or its contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time. Subdivider shall be responsible for payment to City Engineer of re-inspection fees in the amount necessary to cover the City's costs for additional final inspections, as determined by the City Engineer.
No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by the City Engineer is made. The City Engineer shall make a certification of completion and acceptance on the Works of Improvement by recordation of a Notice of Acceptance on behalf of the City.
Final acceptance shall not constitute a waiver by the City Engineer of defective work subsequently discovered.
The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance.
1.16. Vesting of Ownership. Upon recordationof the Notice of Acceptance, ownershipof the Works of Improvement shall vest in the City.
1. 17. Subdivider' s Obligation to Warn Public During Construction. Until recordation of the Notice of Acceptance, Subdivider shall give good and adequate warning to the public of any dangerous condition of the Works of Improvements, and shall take reasonable actions to protect the public from such dangerous condition. Until recordation of the Notice of Acceptance, Subdivider shall provide forty- eight (48) hours' advance written notice to all neighboring property owners and tenants affected by Subdivider' s operations or construction of the hours, dates and duration of any planned construction activities.
1. 18. Injury to Public Improvements, Public Property or Public Utility. Until recordation of the Notice of Acceptance of the Works of Improvement, Subdivider assumes responsibility for the care and maintenance of, and any damage to, the Works of Improvements. Subdivider shall replace or repair all Works of Improvements, public property, public utility facilities, and surveying or subdivision monuments and benchmarks which are destroyed or damaged for any reason, regardless whether resulting from the acts of the Subdivider, prior to the recordation of the Notice of Acceptance. Subdivider shall bear the entire cost of such replacement or repairs regardless of what entity owns the underlying property. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 7- 16- 20 5 of 21
Neither the City, nor any officer or employee thereof, shall be liable or responsible for any accident, loss or damage, regardless of cause, occurring to the work or Works of Improvements prior to recordationof the Notice of Acceptanceof the work or improvements.
2. Time for Performance.
2. 1. Commencement and Completion Dates. Subject to Sections 2. 2, 2. 3, 2. 4, and 2. 5 below, Subdivider shall ( i) commence with construction and installation of the Works of Improvement thirty ( 30) days following City' s approval of the Plans (" Commencement Date"); and ( ii) complete or cause to be completed all of the Works of Improvement within two ( 2) years after the Commencement Date. In the event good cause exists as determined by the City Engineer, the time for commencement of construction or completion of the Works of Improvement hereunder may be extended by up to three ( 3) additional one year periods.
Extensions shall be executed in writing by the City Engineer. The City Engineer in his or her sole discretion determines whether or not the Subdivider has established good cause for an extension. As a condition of such extension, the City Engineer may require Subdivider to furnish new security guaranteeing performance of this Agreement, as extended, in an increased amount to compensate for any increase in construction costs as determined by the City Engineer. If Subdivider requests and is granted an extension of time for completion of the improvements, City may apply the standards in effect at the time of the extension.
2. 2. Phasing Requirements. Notwithstanding the provisions of Section 2. 1, the City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies the City may have for Subdivider' s failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Subdivider acknowledges City' s right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfied. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the City Engineer, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to the City Engineer' s satisfaction.
2. 3. Offsite Improvements Requiring Acquisition of Interest in Land. Notwithstanding Section 2. 1, and pursuant to Section 66463. 5 of the Government Code, if any Work of Improvement will be constructed or installed offsite on land in which neither Subdivider nor City has sufficient title or interest to permit the improvements to be made ( including, but not limited to the Line H Lateral, defined in Recital E), Subdivider shall not be required to commence with construction and installation of such Works of Improvement until thirty ( 30) days following receipt of a written notice from City that City has acquired an interest in the land that will permit the improvements to be made, and the improvements shall be completed within one ( 1) year of such notice or within two ( 2) years after the Commencement Date, whichever occurs later. The time for completion may be extended under the same terms as provided in Section 2. 1. This Section
2.3 does not apply to Works of Improvement that are necessary to assure replacement or 7- 16- 20 6 of 21
construction of housing for persons and families of low or moderate income, as defined in Section50093 of the Health and Safety Code.
2. 4. Interim Pine Improvements. Notwithstanding Section 2.1 or 2.3, Subdivider shall complete the construction of the Interim Pine Improvements ( as defined in Recital D) within one 1) yearfollowingreceiptof a writtennoticefromthe Citythat Cityhasacquiredinterestin the land required for such improvements, or Subdivider's receipt of all required state and federal permits to construct such improvements, or Subdivider' s receipt of completed designs for such improvementsfromCity, whicheveroccurslast; providedthatCityandSubdividershalldiligently pursuereceiptof all necessarypermitsforthe improvements. Thetimefor completionmaybe extended under the same terms as provided in Section 2.1.
2. 5. Force Majeure. Notwithstanding the provisions of Section 2. 1 , 2. 3, or 2. 4, Subdivider' s time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikes, lockouts, epidemics and other public health emergencies, construction- industry- wide inability to procure or general shortage of labor or materials in the regionin which the Propertyis located, construction-industry-wide inabilityto procureequipment or supplies on the open market in the region in which the Property is located, unusual delays resultingfrom transportation, laws, rules, regulationsor orders of a publicagency or other public agency action or inaction ( including City), changes to the scope of work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five ( 5) days prior to City' s receipt of a written notice from Subdivider or its contractor detailing the grounds for Subdivider' s claim to a right to extend its time for performance hereunder. The City Engineer shall evaluate all claims to Force Majeure and the City Engineer' s decision shall be final.
2. 6. Continuous Work. After commencement of construction of the Works of Improvement ( or separate portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period or more than thirty ( 30) days, events of Force Majeure excepted.
2. 7. Reversion to Acreage. In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizesthat City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Section 66499. 11 through Section 66499. 20. 1. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two (2) years from the date of this Agreement or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, pursuantto GovernmentCode Section 66499.16, Subdividerhereby consentsto such reversion to acreage and agrees that any improvements made by or on behalf of Subdivider shall not be considered in determining City's authorityto revert the Property to acreage.
3. Labor.
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3. 1. Labor Standards. This Agreement is subjectto, and Subdivideragrees to comply with, all of the applicableprovisionsof the LaborCodeincluding, but not limitedto, the wage and hour, prevailing wage, worker compensation, and various other labor requirements in Division 2, Part 7, Chapter 1, including section 1720 to 1740, 1770 to 1780, 1810 to 1815, 1860 to 1861, which provisions are specifically incorporated herein by reference as set forth herein in their entirety. Subdividershall expressly require compliancewith the provisions of this Section in all agreements with contractors and subcontractors for the performance of the Works of Improvement.
3. 2. Nondiscrimination. In accordancewith the CaliforniaFair Employmentand Housing Act (" FEHA"), California Government Code Section 12940 et seq., Subdivider agrees that Subdivider, its agents, employees, contractors, and subcontractorperforming any of the Works of Improvementshall not discriminate, in any way, against any person on the basis of race, ethnicity, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of this Agreement.
3. 3. Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors' licenses for the type of work being performed. All of Subdivider' s contractors and subcontractors shall obtain a valid City of Chino business license prior to performing any work pursuant to this Agreement.
Subdivider shall provide the City Engineer with a list of all of its contractors and subcontractors prior to initiating any work, and all valid Contractor' s licenses and business licenses issued thereto as a condition of constructing the Works of Improvements.
3. 4. Worker' s Compensation. Subdivider shall cause every contractor and subcontractor performing any of the Works of Improvement to carry Workers' Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site.
4. Security.
4. 1. Required Security.
a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit ( assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below ( hereinafter " Security Instruments"):
i) A Security Instrument securing Subdivider' s faithful performance of all of the Works of Improvement (" Faithful Performance Security Instrument"), in the amount of$ 12, 963, 500. 00 equal to 100% of the estimated construction cost referenced in Section 1. 1. 7- 16- 20 8 of 21
ii) A Security Instrument guaranteeing the payment to contractors, subcontractors, and other persons furnishing labor, materials, and/or equipment (" Labor and Materials Security Instrument") with respect to the Works of Improvement in an amount equal to $ 6, 481, 800. 00 equal to 50% of the estimated construction cost referenced in Section 1. 1.
iii) A SecurityInstrumentguaranteeingthepaymentofthecostofsetting monuments as required in Section 1. 4 in the amount of $ 30, 000. 00 equal to 100% of the cost thereof.
This Agreementshall not be effectivefor any purpose until such Security Instrumentsare suppliedto and approvedby City in accordance herewith. b) Required Security Instrument for Maintenance and Warranty. Prior to the City Council' s acceptance of the Works of Improvement and recordation of a NoticeofCompletion, Subdividershalldelivera SecurityInstrumentwarrantingthe work accepted for a period of one ( 1) year following said acceptance Maintenance and Warranty Security Instrument"), in the amount of 1, 296, 300. 00 equal to 10% of the estimated construction cost set forth in Section
1.1 or a suitable amount determined by the City Engineer.
4. 2. Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4. 1 ( a) or 4. 1( b), as applicable, shall meet the following minimum requirementsand otherwise shall be in a form provided by City or otherwise approved by the City Attorney:
a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company actingas suretyshall havea minimumratingof A-IX, as rated by the currentedition of Best' s Key Rating Guide published by A. M. Best' s Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody' s or Standard & Poor' s.
b) Letters of Credit. For Security Instrumentswhich are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineerof the Citythat Subdivideris in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4. c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account 7- 16- 20 9 of 21
assigning as security to City all of Subdivider' s interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. d) General Requirements for all Security Instruments. i) Payments under any Security Instruments shall be required to be made ( and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Chino, State of California and the Security Instrument shall so provide).
ii) Each Security Instrument shall have a minimum term of one ( 1) year after the deadline for Subdivider' s completing the Works of Improvement, in accordance with Section 2. 1 ( other than Instruments of Credit, which shall have no defined term or expiration date).
iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument.
iv) If the Subdivider seeks to replace any security with another security, the replacement shall: ( 1) comply with all the requirements for security in this Agreement; ( 2) be provided by the Subdivider to the City Engineer; and ( 3) upon its written acceptance by the City Engineer, be deemed a part of this Agreement. Upon the City Engineer' s acceptance of a replacement security, the former security may be released by the City.
4. 3. Subdivider' s Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City's realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten ( 10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4.
4. 4. Letters of Credit.
a) In the event a letter of credit is given pursuant to Section 4. 2( b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit expiring in not less than one ( 1) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less than thirty ( 30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in 7- 16- 20 10 of 21
thesameamountandhavingthetermsandconditionsasthe initialletterof credit deliveredhereunder, issuedby a financialinstitutionacceptableto Cityas of the date of delivery of the replacementletter of credit.
b) IntheeventofdrawbytheCityona letterof credit, theCitymayelect, in its sole and absolute discretion, to apply any such funds drawn to the obligations securedby suchletterof creditor to holdsuchfundsin an accountunderthe control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City electsto hold the funds in an accountpursuantto the foregoing, Citymaythereafterat anytimeelectinsteadto applysuchfundsas provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein, and agrees to execute and deliverto City any other documents requested byCityinordertoevidencethecreationandperfectionofCity's securityinterest in such account.
4. 5. Release of Security Instruments. The City shall release all Security Instruments consistentwith GovernmentCode Sections66499.7 and 66499.8, Section19.09.010 of the Chino Municipal Code, and as follows:
a) Cityshall releasethe FaithfulPerformanceSecurityInstrumentand Labor and Materials Security Instrumentwhen all of the following have occurred:
i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; ii) the Works of Improvement have been accepted;
iii) Subdivider has delivered the Maintenance and Warranty Security Instrument; and
iv) afterpassageof thetimewithinwhichlienclaimsare requiredto be madepursuantto Title3 (commencingwithSection9000) of Part6 of Division 4 of the Civil Code of the State of California. If lien claims have been timely filed, City shall hold the Labor and Materials SecurityInstrumentuntilsuchclaims have been resolved, Subdivider has provideda statutorybond, or otherwiseas requiredby applicable law.
b) City shall release the Maintenanceand Warranty Security Instrumentupon Subdivider' s written request upon the expiration of the warranty period, and settlementof any claims filed during the warranty period. c) The City may retainfrom anysecurityreleased, an amount sufficientto cover costs and reasonable expenses and fees, including reasonable attorney' s fees.
5. Cost of Construction and Provision of Inspection Service. 7- 16- 20 11 of 21
5. 1. Subdivider Responsible for All Costs of Construction. Subdivider shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Subdivider is entitled to reimbursement from City for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the Works of Improvement.
5. 2. Payment to City for Cost of Related Inspection and Engineering Services.
Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed- upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, includingwithout limitation, charges for applicable penalties and additional required inspections.
5. 3. Payment of Development Impact Fees. Subdivider shall pay Development Impact Feespursuantto and in accordancewith ChinoMunicipalCode Chapter3.45, and in accordance with the DIF Prepayment Agreement for Tract 20161 , if executed by City and Subdivider.
6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement. Such resolution( s) shall authorize the City Clerk to execute the Certificate made a part of the Map regardingsaid acceptanceof the offer of dedication.
7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one ( 1) year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one ( 1) year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvementfail to fulfill any requirements of the Plans, Subdivider, within fifteen ( 15) days after written notice of such defects, or within such shorter time as may reasonablybe determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law.
8. Default.
8. 1. Default by Subdivider. Default by Subdivider shall include, but not be limited to:
a) Subdivider' s failure to timely commence construction of Works of Improvement under this Agreement;
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b) Subdivider' s failure to timely complete construction of the Works of Improvement;
c) Subdivider's failure to perform substantialconstructionwork for a periodfor 20 consecutive calendar days after commencement of the work; d) Subdivider' s insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which Subdivider fails to discharge within 30 days;
e) The commencement of a foreclosure action against the subdivision or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or f) Subdivider' s failure to perform any other obligation under this Agreement.
8. 2. Remedies. The City reserves all remedies available to it at law or in equity for a defaultor breach of Subdivider's obligationsunderthis Agreement. The City shall havethe right, subject to this Section, to draw upon or use the appropriate security to mitigate the City's damages in the event of default by Subdivider. The City's right to draw upon or use the security is in addition to any other remedy available to City. The parties acknowledge that the estimated costs and security amounts may not reflect the actual cost of construction of the improvements and, therefore, City's damages for Subdivider's default shall be measured by the cost of completingthe required improvements. The City may use the sums provided by the securities for the completion of the Works of Improvementin accordancewith the plans. In the event the Subdividerfails to cure any default under this Agreementwithin 20 days after the City mails a notice of such default to the Subdivider and the Subdivider's surety, Subdivider authorizes the Cityto performthe obligationfor which Subdivideris in default and agrees to pay the entire cost of such performance by the City. The City may take over the work and complete the Works of Improvement, by contract or by any other method City deems appropriate, at the expense of the Subdivider. In such event, City, without liability for doing so, may complete the Works of Improvement using any of Subdivider' s materials, appliances, plans and other property that are at the work site and that are necessary to complete the Works of Improvement.
8. 3. Notice of Violation. The Subdivider' s failure to comply with the terms of this Agreement constitutes Subdivider' s consent for the City to file a notice of violation against all the lots in the Subdivision, or to rescind or otherwise revert the Subdivision to acreage. Subdivider specifically recognizes that the determination of whether a reversion to acreage or rescission of the Subdivision constitutes an adequate remedy for default by the Subdivider shall be within the sole discretion of the City.
8. 4. Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, the Subdivider agrees that the choice of remedy or remedies for Subdivider' s breach shall be in the discretion of the City. Additionally, any remedy specifically provided in this Agreement shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may by entitled.
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8. 5. Attorney' s Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney' s fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailingparty in such action, in additionto any other relief which may be granted, shall be entitled to recover its reasonable attorney' s fees and costs. Such attorney' s fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney' s fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment.
8. 6. Waiver. No waiver by the City of any breach or default by the Subdivider shall be considered valid unless in writing, and no such waiver by the City shall be deemed a waiver of any subsequent breach or default by the Subdivider.
9. Indemnity/ Hold Harmless. City or any officer, employee or agent thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of Subdivider, its agents, employees, contractors and subcontractors in the performance of this Agreement.
Subdivider further agrees to protect, defend, indemnify and hold harmless City, its officials, boards and commissions, and members thereof, agents, and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions of Subdivider, its agents, employees, contractors and subcontractors in the performanceof this Agreement, except for such claims, demands, causes of action, liability or loss arising out of the sole active negligence of the City, its officials, boards, commissions, the members thereof, agents and employees, including all claims, demands, causes of action, liability or loss because of or arising out of, in whole or in part, the design or constructionof the improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said Subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design and construction of public drainage systems, streets and other improvements. Recordation of the Notice of Acceptance by the City of the Works of Improvements shall not constitute an assumption by the City of any responsibility for any damage or taking covered by this Section. City shall not be responsible for the design or construction of the property to be dedicated or the improvements pursuant to the approved improvement plans or map, regardless of any negligent action or inaction taken by the City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by Subdivider submitted to the City Engineer before approval of the particular improvementdesign, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design.
After recordation of the Notice of Acceptance, the Subdivider shall remain obligated to eliminate any latent defect in design or dangerous condition caused by the design or construction 7- 16- 20 14 of 21
defect; however, Subdividershall not be responsiblefor routine maintenance. The provisionsof this paragraphshall remain in full force and effect for ten (10) years following the recordationof the Notice of Acceptance by the City of the Works of Improvements. It is the intent of this section that Subdivider shall be responsible for all liability for design and construction of the improvementsinstalledor work done pursuantto this Agreementand that City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving or reviewing any work or construction. The improvementsecurityshall not be requiredto cover the provisionsof this Paragraph.
Subdivider shall reimburse the City for all costs and expenses, including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs, incurred by City in enforcing this Section.
Notwithstanding any other provision in this Section 9, Subdivider shall not be liable for defects in designs for the Interim Pine Improvements provided to Subdivider by City.
10. Subdivider's Indemnityof ProjectApproval. Subdividershall defend, indemnify, and hold harmlessthe City and its agents, officers, and employeesfrom any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning the Subdivision. The City shall promptly notifythe Subdividerof any claim, action, or proceedingand cooperatefully in the defense of any such claim, action, or proceeding. In the event City fails to promptly notify the Subdivider of any claim, action, or proceeding, or if the City fails to cooperate in the defense, the Subdividershall not thereafter be responsibleto defend, indemnify, or hold harmless the City. Nothing in this Section prohibits the City from participating in the defense of any claim, action, or proceeding if City bears its own attorney' s fees and costs and defends the action in good faith. Subdivider shall not be required to pay or perform any settlement unless the settlement is approved by the Subdivider.
11. Insurance Requirements. Subdivider, at Subdivider' s sole cost and expense and for the full term of this Agreement and any extensions thereto, shall obtain and maintain all of the following minimum insurance requirements in a form approved by the City's authorized designee for Risk Management prior to commencing any work:
a) Commercial General Liability policy with a minimum $ 1 million combined single limit for bodily injury and property damage providing all of the following minimum coverage without deductibles:
i) Premises operations; including X, C, and U coverage; ii) Owners' and contractors' protection;
iii) Blanket contractual;
iv) Completed operations; and
v) Products.
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b) Commercial Business Auto policy with a minimum $ 1 million combined singlelimitfor bodilyinjuryandpropertydamage, providingall of the following minimum coverage without deductibles:
i) Coverage shall apply to any and all leased, owned, hired, or non- ownedvehiclesused in pursuitof any of the activities associatedwith this Agreement; and
ii) Any and all mobileequipmentincludingcraneswhich are notcovered under the above Commercial Business Auto policy shall have said coverage providedunder the CommercialGeneral Liability policy. c) Workers Compensationand Employers' Liability policy in accordance with the laws of the State of Californiaand providingcoveragefor any and all employees of the Subdivider:
i) This policy shall provide coverage for Workers' Compensation Coverage A); and
ii) This policy shall provide coverage for $ 1, 000, 000 Employers' Liability ( Coverage B).
iii) Pursuant to Labor Code section 1861, Subdivider by executing this Agreement certifies: " I am aware of the provisions of Section 3700 of the Labor Code whichrequiresevery employerto be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencingthe performance of the work of this contract."
iv) Prior to commencement of work, the Subdivider shall file with the City' s Risk Manager a Certificate of Insurance or certification of permission to self-insure workers' compensation conforming to the requirements of the Labor Code.
d) Endorsements. All of the followingendorsementsare requiredto be madea part of each of the above- required policies as stipulated below:
i) " The City of Chino, its officers, employeesand agentsare hereby added as additional insureds."
ii) " This policy shall be considered primary insurance with respect to any other valid and collectible insurance the City may possess, includingany self- insuredretentionthe City may haveand any other insurance the City does possess shall be considered excess insurance only."
7- 16- 20 16 of 21
iii) " This insurance shall act for each insured and additional insured as though a separate policy has been written for each. This, however, will not act to increasethe limit of the insuringcompany." iv) " Thirty (30) days prior written notice of cancellation shall be given to the City of Chino in the event of cancellation and/ or reduction in coverage, except that ten ( 10) days prior written notice shall apply in the event of cancellation for non- payment of premium." Such notice shall be sent to the Risk Manager at the address indicated in Subsection f below.
v) Subsection d( iv) hereinabove " Cancellation Notice" is the only endorsement required of the Workers' Compensation and Employers' Liability policy.
e) Admitted Insurers. All insurance companies providing insurance to the Subdivider under this Agreement shall be admitted to transact the business of insurance by the California Insurance Commissioner.
f) Proof of Coverage. Copies of all required endorsements shall be attached to the Certificate of Insurance which shall be provided by the Subdivider' s insurance company as evidence of the coverage required herein and shall be mailed to:
City of Chino
Risk Management
13220 Central Avenue
Chino, CA 91710
12. Environmental Warranty.
12. 1. Prior to the acceptance of any dedications or Works of Improvement by City, Subdivider shall provide City with a written warranty in a form substantially similar to Exhibit " C" attached hereto and incorporated herein by reference, that:
a) Neither the property to be dedicated nor Subdivider are in violation of any environmental law, and neither the property to be dedicated nor the Subdivider are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with the environmental laws relating to the property to be dedicated.
b) Neither Subdivider nor any other person with Subdivider' s permission to be upon the property to be dedicated shall use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this Agreement, the term " Hazardous Substances" shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous 7- 16- 20 17 of 21
or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as " Toxic Materials" in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, in effect as of the date of this Agreement and/ or the date of the completion of the public improvements, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies in effect as of the date of this Agreement and/ or the date of the completion of the public improvements.
c) Subdivider has not caused or permitted the release of, and has no knowledge of the release or presence of, any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. d) Subdivider' s prior and present use of the property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated.
12. 2. Subdivider shall give prompt written notice to City of:
a) Any proceeding or investigation by any federal, state or local governmental b) authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. c) Any claims made or threatened by any third party against City or the property to be dedicated relating to any loss or injury resulting from any hazardous substance; and
d) Subdivider' s discovery of any occurrence or condition on any property adjoining or in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability or suit under any environmental law.
13. General Provisions.
13. 1. Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider' s right, title, and interest in and to the Property and any portion thereof.
Subdivider hereby consents to City recording this Agreement as official records of San BernardinoCounty, affectingfee title interestto the Propertyto provide constructivenoticeofthe rights and obligations incurred by Subdivider in the City' s approval of this Agreement. In the event the Property is subsequently conveyed by Subdivider to a third party prior to completion of the Works of Improvement, whereby the third party is intended to assume Subdivider' s responsibilities with regard to this Agreement, ( the " Replacement Subdivider"), the rights and obligations of this Agreement shall transfer to the Replacement Subdivider; however, the 7- 16- 20 18 of 21
Security Instruments required pursuant to Section 4 of this Agreement, and furnished by Subdivider as a condition of the City's approval of this Agreement, shall remain Subdivider' s responsibility to maintain until such time as Subdivider and its Replacement Subdivider enter into a Transfer and Assignment of Subdivision Agreement, ( the " Transfer Agreement"), to acknowledge the transfer of fee title to the Property from the Subdivider to its Replacement Subdivider, and to acknowledge the rights and obligations associated with this Agreement upon the Replacement Subdivider, including Replacement Subdivider' s responsibility to furnish replacement Security Instruments meeting the City's approval pursuant to Section 4 of this Agreement. Until such time as a Transfer Agreement, meeting the City' s approval, is executed by Subdivider and its Replacement Subdivider, and replacement Security Instruments meeting City' s approval are furnished by the Replacement Subdivider, Subdivider retains sole responsibility for maintaining all Security Instruments required pursuant to Section 4 of this Agreement.
13. 2. No Third- Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Subdivider intend to create any third- party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity.
13. 3. No Vesting Rights. Performance by the Subdivider of this Agreement shall not be construed to vest Subdivider' s rights with respect to any change in any zoning or building law or ordinance.
13. 4. Subdivider is Not Agent of City. Neither Subdivider nor Subdivider' s agents, contractors, or subcontractors are agents or contractors of the City in connection with the performance of Subdivider' s obligations under this Agreement.
13. 5. Time of the Essence. Time is of the essence of Subdivider' s performance of all of its obligations under this Agreement.
13. 6. Notices. Unless otherwise specified in this Agreement, all notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notice shall be provided to the persons listed on Pages 1 and 2 of this Agreement by the parties for this purpose.
Either party may provide a new designated representative and/or address by written notice as provided in this Section.
13. 7. No Apportionment. Nothing contained in this Agreement shall preclude City from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreements with other subdividers for the apportionment of costs of water and sewer mains, or other improvements pursuant to the provisions of the City ordinances providing therefore. Nor shall anything in the Agreement commit City to any such apportionment.
7- 16- 20 19 of 21
13. 8. Severability. If any portion of this Agreementis held invalidby a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.
13.9. Captions. The captions of this Agreementare for convenience and reference only and shall not be used in the interpretation of any provision of this Agreement.
13.10. Incorporation of Recitals. The recitals to this Agreement are hereby incorporated into the terms of this Agreement.
13. 11. Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California.
13. 12. Entire Agreement; Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties.
13.13. Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall be deemed one original.
14. Authority. The persons executing this Agreement on behalf of the parties warrant ( i) the party is duly organized and existing, ( ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, ( iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other agreement to which said party is bound.
SIGNATURES ON NEXT PAGE]
7- 16- 20 20 of 21
IN WITNESS WHEREOF, the City and the Subdivider have caused this Agreement to be executed the day and year first above written.
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
tl
Fred Galante, City Attorney Nicholas iguori, AICP
Director of Development Services
CHINO PRESERVE DEVELOPMENT
CORPORATION:
By:
nature and Date)
Name: Otym eioais.
Please type or print name)
Title: Aaori- t. vf fig,,, it
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CITY OF CHINO
11 111P0 .\
Matti' a B. 1, e, City Manager
Dated: 11 .
1h
ATTEST:
By 2.--
Angela bles, City Clerk
Dated: q • s • ZU 2.0
7- 16- 20 21 of 21
DocuSign Envelope ID: 2A33ED81- 8E2D- 4F29- 8984- 86B4109B6C59 IN WITNESS WHEREOF, the City and the Subdivider have caused this Agreement to be executed the day and year first above written.
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
r DocuSigned by:
Fred Galante; tilAf1' orney Nicholas iguori, AICP
Director of Development Services
CHINO PRESERVE DEVELOPMENT
CORPORATION:
By:
gnature and Date)
Name: 13 Ath-s40-7
Please type or print name)
Title: ./ Ar -,- 4,,
4 Please type or' print title)
CITY OF CHINO
Matthew Ballantyne, City Manager
Dated:
ATTEST:
By
Angela Robles, City Clerk
Dated:
7- 16- 20 21 of 21
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 x ; r= ccccsccds e A: i':= c e x ecf> . Gc rr cGs rar— cr oGococr. csocr rcr sYcs crwr , col A notarypublicor otherofficercompletingthis certificateverifiesonly the identityof the individualwho signedthe document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of._- ..._._,• 1ty't Oeintkr't i
On 0K4' 9-` A3- C) N( it fit"( 1r t- Pk.') (-before me, ' Ivy t-il- ---- ----.__ -- -- { Date Here Insert Name and Title of the Officer
personally appeared r_ l, 1 ( 2t` 0 Ma' l_
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 is true and correct.
TANrA K. NESMITH
Not. ry P bUc- Conform,'
WITNESS my hand and official seal.
San Bernardino County
1.44!;•/' Commission# 2254448
My Cumin_ Expues Aug 16, 2022 h.'
Signature 1.. E"2/ (' 146, 7-., e 1_.
gnature 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:
Li CorporateCorporateOfficer — Title( s): I] Corporate Officer — Title( s):
El Partner — Li Limited Li General Li Partner — Li Limited Li General Individual Attorney in Fact Li Individual Li Attorney in Fact Trustee Guardian or Conservator Li Trustee Li Guardian or Conservator Other: Li Other:
Signer Is Representing: Signer Is Representing:
C; c . XK' n‹.: e'; ssr.; G' c' ce.%C,Y{ r; crXXrv" L:'% C>c'. t. Y ` 7';, X'{,` z^ GY%C', c;W, 71. IY., t.. hex.-¢ 2:?_= fG ( 7- X, x.,^ z x; a 2014 National Notary Association• www. NationalNotary. org• 1- 800- US NOTARY( 1- 800- 876- 6827) Item# 5907 01225. 0005/ 645279. 1
EXHIBIT " A"
FINAL MAP 20161 LEGAL DESCRIPTION
ALL OF THAT REAL PROPERTY IN THE CITY OF CHINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
TRACT 20161, AS PER MAP FILED IN BOOK , PAGES THROUGH
INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
Specific Legal Description to be inserted at Time of Map Recordation] 01225. 0005/ 645279. 1 A- 1
EXHIBIT " B"
TENTATIVE TRACT MAP 20161 WORKS OF IMPROVEMENT
A. Removal of undesirable, dangerous and dead plant materials and roots.
B. All onsite and offsite grading as specifiedon the approvedgrading plan.
C. Relocation of all public utility structures as necessary to properly construct the required improvements.
D. Storm drain facilities as requiredand shown on the approved construction plans and in accordance with City Standards.
E. Sanitary sewers constructed as shown on the approved, engineered plans and in accordance with City Standards.
F. Water mains, valves, hydrants, services, meters and appurtenances to serve each lot as shown on the approved construction plans and in accordance with City Standards.
G. Underground installation of all electrical, telephone, cable television and any other energy or communication lines that abut or are within the project site.
H. A street lighting system ( City-owned) in accordance with City Standards.
I. Disposal of all rocks and debris located within any public right-of-way within said development or on the boundary streets thereof.
J. Installation of concrete curbs, gutters, sidewalks, cross gutters, driveways and intersections as shown on approved construction plans and in accordance with City Standards.
K. Installation of asphalt concrete or Portland Cement Concrete street pavement on base material as shown on approved construction plans and in accordance with City Standards.
L. Street signs at intersections per the City Standards.
M. Installation of approved landscaping ( plants and materials).
N. Setting monuments as required by the State Code.
The Subdivider shall also perform all work and furnish all materials necessary, in the opinion of the Director of Development Services or his designee and on his order, to complete the improvements in accordance with the plans and specifications on file as hereinbefore specified, or any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete this work. 01225. 0005/ 645279. 1 B- 1
NL CM DSH X
MB IA MK X
GP
E- Mail Sent:
To: M. Staar
DEVELOPMENT ENGINEERING DIVISION CONDITIONS OF APPROVAL TRACT MAP NO. 20161( PL18- 0011)
DATE: 7/ 31110 7/ 1/ 2020 PC MEETING DATE: 8/ 5/ 1-9 Dev Mod: 7/ 20/ 2020 PROJECT DESCRIPTION: MD Residential Development on 44. 13 Gross Acres ( 10 Numbered Lots and 9 Lettered Lots)
PROJECT LOCATION: N/ o Pine, S/ o Bickmore, W/ o Rincon Meadows, and E/ o Mayhew APPLICANT: Lewis Management Corp. PROJECT ENGINEER: M. Khudadatov/ D. Hammer
PRIOR TO THE FIVE MAJOR DEVELOPMENT EVENTS, THE APPLICANT SHALL SATISFY AND FULFILL ALL CONDITIONS OUTLINED BELOW. FAILURE TO COMPLY WITH ANY CONDITIONS OF
APPROVAL SHALL BE DEEMED JUST CAUSE FOR REVOCATION OF PROJECT APPROVAL BY THE PLANNING COMMISSION. HOWEVER, THE DIRECTOR OF DEVELOPMENT SERVICES SHALL HAVE
THE AUTHORITY TO APPROVE MINOR DEVIATIONS IN THE CONDITIONS OF APPROVAL, AND ALL PLANS INCLUDING THE CONSTRUCTION DRAWINGS. ALL APPLICABLE CONDITIONS FOR TM 17571 SHALL APPLY.
BOLD TEXT ARE REVISED AND NEW CONDITIONS FOR DEVELOPER MODIFICATION# 1.
1. 0 PRIOR TO MAP RECORDATION:
1. 1 Provide a preliminary Title Report no older than 60 days.
1. 2 Submit a preliminary soils report to the project engineer for review and approval in accordance with Government Code, Section 66434. 5.
1. 3a Make the following dedications:
Street Name Distance Direction From C/ L
Meadowhouse Ave ( N) 58' , 58' W , E
Meadowhouse Ave ( N/ o 33' , 33' W , E
Roundabout)
Meadowhouse Ave ( S) 58' , 53' W , E
Hollyhock Ave 30' , 18' W , E
Olive Grove Ave 18' , 30' W , E
Botany St 30' , 30' & 30' , 18' N , S
Channel View St 30' , 30' & 18' , 30' N , S
Desert Holly St 30' , 30' & 30' , 38' N , S
Channel View St ( E & W) 30' , 30' N , S
Sandpiper Ave 30' , 30' W , E
Osprey Ave 30' , 30' W , E
Pine Ave' 65' N
1. Dedicate an easement, for purposes of public access to meandering sidewalk, along north side of Pine Ave frontage.
TRACT MAP NO. 20161 2 7/ 31/ 19 Dev Mod 7/ 20/ 2020
1. 3b Provide necessary utility easements with back-up information, to the satisfaction of the City Engineer.
1. 3c Prepare and record necessary drainage easements to implement the project in accordance with drainage law. Width & Location to the satisfaction of City Engineer.
1. 4 Execute a Subdivision Agreement and submit security in an amount acceptable to the City Engineer to guarantee construction of the public improvements listed in 2.0. All security must be accessible to the City at any time and in a form acceptable to the Director of Development Services, pursuant to Government Code, Section 66499.
1. 5 Provide a Monumentation Bond in an amount specified in writing by a Registered Engineer or Licensed Land Surveyor of Record.
1. 6 Submit a list of proposed street names for the interior streets to the Street Naming Committee for name( s) selection.
1. 7 Comply with all applicable requirements of the City Code.
1. 8 Pay all applicable fees pursuant to City Code including, but not limited to, plan check fees.
1. 9 Proposed map shall vacate existing ROW and dedicate new ROW.
1. 10 Comply with all requirements of The Preserve Specific Plan, including but not limited to those indicated in these conditions.
1. 11 In collaboration with the City, acquire right- of- way, drainage easements and all other rights on Pine Avenue and Euclid Avenue as needed to accommodate street widening. Pursuant to Section 66462. 5 of The Subdivision Map Act, if unable to acquire right- of-way, enter into an agreement with the City to complete the improvements at such time as the City acquires the right- of- way.
1. 12 Comply with all requirements of " Trip Generation Assessment", dated August 21, 2018, prepared by Linscott, Law, & Greenspan.
2. 0 PRIOR TO ISSUANCE OF GRADING/ CONSTRUCTION PERMITS FOR THE SUBDIVISION:
2. 1 All required plans and studies shall be prepared by a Registered Professional Engineer and submitted to the project engineer for review and approval. All project plans must be approved by the City Engineer' s office before a Building Permit will be issued. All maps, studies, calculation sheets, reports, etc. must be on and/ or folded in an 11- inch x 8 1/ 2- inch standard format.
2. 2 Prepare and submit a drainage study, including supporting hydraulic and hydrological data to the project engineer for approval. The study shall confirm or recommend changes to the City' s adopted Master Drainage Plan by identifying off- site and on- site storm water runoff impacts resulting from build- out of permitted General Plan land uses. In addition, the study shall identify the project' s contribution and shall provide locations and sizes of catchments and system connection points and all downstream drainage- mitigating measures.
2. 3 Design per City Standards full public improvements for all impacted and interior streets/ facilities in accordance with City Code, Standards and Specifications. Such public TRACT MAP NO. 20161 3 7/ 31/ 19 Dev Mod 7/ 20/ 2020
improvements may include, but not be limited to the following: ( Please coordinate and verify all requirements with the project engineer.)
Street Names
Meadowh Meadowh Meadow Hollyhock
ouse ouse house Ave(@
Ave( N)
1 Ave2 Ave( S)
3 Park) 4
W E W E W E
Curb & Gutter( Offset from Centerline) 43' 43' 18' 18' 31'- 39' W 18' 18' 31'- 39' E
Sidewalk ( Width) 5' 5' _ 5' 5' 5' 5' 5' 5' Asphalt Concrete Pavement on Aggregate Base
Width from Centerline) Full Full Full Full
Width Width Width Width
Asphalt Concrete Overlay
Street Lights X X X X _
Median Island and Landscaping X X
Parkway Landscaping X X X X
Striping and Traffic Controls X X X X
Traffic Signal Interconnect
Conduit System for CATV
Sewer X X X X
Storm Drain X X X X _
Domestic Water X X X X
Recycled Water X X X X
Fire Hydrants as required by CVIFD X X X X
Street Names
Olive Botany St Channel Channel
Grove View St View St
Ave( @ @ E &
Park)
4 Park)
4 W) 5,6
W E N S N S N S
Curb & Gutter( Offset from Centerline) 18' 18' 18' 18' 18' 18' 18' 18' Sidewalk ( Width) 5' 5' 5' 5' 5' 5' _ 5' 5' Asphalt Concrete Pavement on Aggregate Base
Width from Centerline) Full Width Full Width Full Width Full Width Asphalt Concrete Overlay
Street Lights X X X X
Median Island and Landscaping
Parkway Landscaping X X X X
Striping and Traffic Controls X X X X
Traffic Signal Interconnect
Conduit System for CATV
Sewer X X X X
Storm Drain X X X X
Domestic Water X X X X
Recycled Water X X X
Fire Hydrants as required by CVIFD X X X X
TRACT MAP NO. 20161 4 7/ 31/ 19 Dev Mod 7/ 20/ 2020
Street Names
Desert Sandpiper Osprey Pine
Holly St Ave' Ave8 Ave' 1
N S W E W E N
Curb & Gutter( Offset from Centerline) 18' 18' 18' 18' 18' 18' 45' Sidewalk ( Width) 5' 5' 5' 5' 5' 5' 13' Asphalt Concrete Pavement on Aggregate Base
Width from Centerline) Full Width Full Width Full Width Half Width Asphalt Concrete Overlay
Street Lights X X X X
MedianIslandand Landscaping
Parkway Landscaping X X X X
Striping and Traffic Controls X X X X
Traffic Signal Interconnect X
Conduit System for CATV X
Sewer X X X
Storm Drain X X X X10
Domestic Water X X X X'
Recycled Water
Fire Hydrants as required by CVIFD X X X X
Other
Street Names
Botany St Bickmore
@ Ave
Park) 4
N S S
Curb & Gutter( Offset from Centerline) 18' 18' 29'
Sidewalk ( Width) 5' 5' 5'
Asphalt Concrete Pavement on Aggregate Base
Width from Centerline) Full Width Half
Width
Asphalt Concrete Overlay
Street Lights X X
Median Island and Landscaping
Parkway Landscaping X X
Striping and Traffic Controls X X
Traffic Signal Interconnect
Conduit System for CATV
Sewer X
Storm Drain X
Domestic Water X
Recycled Water X
Fire Hydrants as required by CVIFD X
Other
1. Bickmore Ave to Botany St.
2. Channel View St to Traffic Circle.
3. Traffic Circle to Pine Ave.
TRACT MAP NO. 20161 5 7/ 31/ 19 Dev Mod 7/ 20/ 2020
4. Along Central Park.
5. TerminateChannelView St at west end to the satisfactionof City Engineer.
6. Terminate Channel View St at east end using a cul-de-sac, conforming to City standards.
7. TerminateSandpiperAve at north and south end using a cul-de-sac, conformingto City standards.
8. Join existing curb returns off of Bickmore Ave.
9. Construct 12" domestic water line in Pine Ave, from west tract boundary to MeadowhouseAve, and join existing 12" domestic water line at intersection of Pine Ave and Meadowhouse Ave.
10. Master plan Line H lateral. Dry line from outlet structure at project basin to future manhole at intersection of Pine Ave and Mayhew Ave.
11. Construct Improvements per 2. 27.
2. 4 Obtain design and plan approval from appropriateutility companies for undergroundingall utility lines adjoining and interior to the project, including power lines of 34.5 kV or less, in accordance with City Code, Chapter 13.32.
2. 5 All projects developing one ( 1) acre or more of total land area, or which are part of a larger phased development that will disturb one acre of land, are required to obtain coverage under the State Water Resources Control Board' s ( SWRCB) General Permit for storm water discharges associated with construction activity. Proof of filing a Notice of Intent ( NOI) with the SWRCB for coverage under this permit is required. A copy of the Waste Discharger' s Identification Number ( WDID), issued by the SWRCB, must be submitted to the Project Engineer prior to issuance of grading permits. More detailed information regarding this General Permit, applicable fee information and the necessary forms to complete the NOI are available by calling ( 916) 341- 5537 or on the SWRCB web site at http:// www. swrcb. ca. gov/ water_ issues/ programs/ stormwater/ constpermits. shtml.
2. 6 Pursuant to Santa Ana Regional Water Quality Control Board Order Number R8- 2010- 0036, NPDES Permit No. CAS618036, prepare a project- specific Water Quality Management Plan WQMP) and submit to the project engineer for review and approval. To address NPDES Permit requirements to the maximum extent practicable, the project shall be designed to specify preferential use of Low Impact Development Best Management Practices that reduce pollutants and runoff volume through structural measures ( e. g. infiltration, harvesting, and bio- treatment) and non- structural measures ( e. g. preserving natural areas, clustering development, and reducing impervious areas). The WQMP shall conform to the requirements of the San Bernardino County Stormwater Program, 2013 WQMP Technical Guidance Document.
2. 7 Any future maintenance and repair of fire service and sewer laterals to the project site shall be the sole responsibility of the applicant/ property owner in accordance with City Code, Chapter 13. 04. 175 and 13. 12. 150.
2. 8 Convey ownership of all existing onsite water wells to the City and convert to monitoring wells as directed by the City' s Water Utilities Supervisor. Prepare and record any necessary easements to provide the City with access to the monitoring wells. Any existing water wells that cannot be feasibly converted to monitoring wells shall be destroyed per City Standard No. 465.
2. 9 City staff shall determine the type of water ( potable or recycled) to be used for grading operations, dust control activities, and common area/ public landscape irrigation at the time of permit issuance.
2. 10 All public street corners shall have a minimum curb radii per City Code, Chapter 19. 06 and City Standards and Specifications.
TRACT MAP NO. 20161 6 7/ 31/ 19 Dev Mod 7/ 20/ 2020
2. 11 ProvideadequatesightdistanceperCityStandardNo. 865foreachprojectdrivewayandat all intersections. Landscapingtype and height shall be maintained to ensure sight distance requirements are perpetuated.
2. 12 SubmittotheCityelectronicfiles, inAdobeAcrobatPDFformat, ofallsubmittals, including reports, studies, improvement plans and City redlines of previous submittals.
2. 13 The developeris responsibleto contractwiththe City's designatedtraffic signal maintenance company for ongoing maintenance of traffic signals until such time the improvements are accepted by the City.
2. 14 Testingof existingasphaltsectionswill be requiredto determinestructuralintegrityof road section. If the road sectionis deemedinadequate, the developershall provideplansto replaceexistingroadsectionperSoilsEngineerrecommendation, to thesatisfactionof City Engineer.
2. 15 The owner is responsible for the continued operation and maintenance of perimeter and interiorstreet lights, common area landscaping, and parkwayareas (landscaping, sidewalk).
The project is required to annex the properties into the Preserve Master Maintenance Corporation ( PMMC).
2. 16 Design Line H lateral, which will ultimately dewater the basin, once storm drain Line H is constructed. Lateral shall be capped for future connection to outlet structure at basin.
2. 17 Reconstructcurb ramps to meet ADA requirementsto the satisfaction of City Engineer.
2. 18 Reconstruct all current 4' sidewalk to conform to the current requirement of 5' sidewalks.
2. 19 Until such time that the ultimate downstream storm drain improvements of the Subarea 2 master plan of drainage are constructed. This development shall mitigate its impact to downstream properties by reducing post- developed runoff to 80% of pre- developed runoff peak flow rates. The analysis shall include 2, 5, 10, 25 & 100 year frequency storm events.
Since this project will utilize a basin for this purpose, provisions for emergency overflow, should the basin fail, shall be provided.
2. 20 Provide continuedaccess to the City of Chino over the adjoining propertyowned by the City of Chino, located at the SWC of tract ( site of proposed basin). Enter into an agreement with the City of Chino for ongoing use of and maintenanceof the City of Chino parcel.
2. 21 Design proposed traffic signal interconnect along Pine Ave from westerly tract boundary to join location of existing interconnect at the intersection of Pine Ave and Rincon Meadows Ave.
2. 22 Design 4- lane interim street configuration of Pine Avenue from westerly property line to Rincon Meadows to the satisfaction of City Engineer.
2. 23 Prepare plans to relocate traffic signal at ( main entrance) Meadowhouse Ave and Pine Ave to accommodate ultimate street section. Include a westbound right turn pocket to the satisfaction of City Engineer. Connect to proposed interconnect at project frontage.
2. 24 Design pump station to dewater the WQMP/ Flood Control Basin, to the satisfaction of City Engineer.
2. 25 Comply with all requirements of Pine Ave traffic study.
TRACT MAP NO. 20161 7 7/31/ 19 Dev Mod 7/20/2020
2. 26
SubmitPedestrianAccessibilityExhibitforapprovalbyAccessibilityCoordinator.
2. 27
TheCityshalldesignDesignperCityStandardsthefollowingrequiredimprovementson PineAvenuebetweenEuclidandMayhewAvenuestothesatisfactionoftheCityEngineer.
Applicantshallonly receiveDIF creditfor the design--,and constructionof ulte* improvementsidentifiedintheCity's latestDIFNexusStudy:
A.
WidenPineAvenuetoprovidetwowestboundlanes, atwo-wayleftturnlane, andtwo eastboundlane. Providetwowestboundleftturnlanesandtwo northboundrightturn lanesattheEuclidAvenueintersection. Improvementsshallincludebutarenotlimited to ACpavement, curb, gutter, signing, andstriping.
B.
RestripePineAvenuetoincreasethecapacityofthetwowestboundleftturnlanesat the Pine & Euclidintersectionto thesatisfactionof theCity.
C. Installtemporarystripingtoaccommodateatransitionbetweenlaneconfigurationsat Mayhew Avenue.
3. 0
PRIORTOISSUANCEOFBUILDINGPERMITSFORANYLOTWITHINTHESUBDIVISION:
3. 1
RecordTractMapNo. 20161pursuanttotheSubdivisionMapActandinaccordancewith CityCode. ProvideaduplicatephotomylaroftherecordedmaptotheCityEngineer'soffice.
3. 2
Providea certificate, froma RegisteredCivilEngineer, certifyingthatthefinishedgradinghasbeencompletedinaccordancewiththeCityapprovedgradingplan.
3. 3 Pay all applicable fees including, but not limited to, Development Impact Fees ( DIF), fair sharefeesandSewageFacilitiesDevelopmentFee (SFDF) notpreviouslypaidunderItem
1. 0 & 2.0 above, in accordancewith the City Code.
3. 4 DevelopersconstructingPublicImprovementsincludedin the DevelopmentImpactFees Nexusand CalculationReportand correlatingMasterFacilitiesPlan are subjectto the provisionssetforthintheBiddingandContractRequirementsforPublicImprovementsPolicyResolution 2019- 043). The Policy was adopted in conjunction with the comprehensive updateto the ChinoMunicipalCodeChapters3.40 and 3.45 entitledDevelopmentImpact Fees of which, Sections 3. 40. 130( B) and 3. 45. 130( B) of these Chapters establish the requirementsset forth in the Policyand alsothe requirementsfor reimbursement/credits against Development Impact Fees. Please visit the City' s website to obtain copies the updatedOrdinances2019-007and2019-009andPolicy.
3. 5
Thedevelopershallenterintoa "DIFPre-PaymentAgreement" withthecityfor STORM DRAINAGE COLLECTION SYSTEM FACILITIES & CIRCULATIONcategoriesas it pertains to theultimatePineAveimprovementsincludedintheDIFNexusReportfordesign, right-of- way, and construction.
Strikeout— language removed at Planning Commission
TRACT MAP NO. 20161 8 7/ 31/ 19 Dev Mod 7/ 20/ 2020
4. 0 PRIOR TO REQUEST AND RELEASE OF ANY OCCUPANCY PERMITS:
4. 1 Construct and secure Development Services Department approval of all required improvements and public facilities enumerated under Section 2. 0 & 3. 0 above ( per Resolution No. 88- 23) except those items addressed in item 5.0, below. Pine Ave improvements ( westerly portion of item 2.22, above) from the westerly tract boundary to the east side of the intersection with Meadowhouse Ave including, but not limited to curb and gutter, paving, street lights, traffic signal ( item 2. 23, above) , traffic signal interconnect conduit ( westerly portion of conduit, item 2.21, above) and landscaping shall be completed prior to any occupancy.
4. 2 Underground all utility lines adjoining and interior to the project, including power lines of
34.5kV or less in accordance with City Code, Chapter 13.32.
4. 3 The applicant' s Civil Engineer shall field verify that all BMPs are designed, constructed, and functional in accordancewith the approvedWQMP. BMPsshall also be inspected by Public Works Environmentalstaff. Coordinateinspectionwith staff and submit a completed City of Chino BMP field verification form for review and approval.
4. 4 Slurry seal along all streets impacted by the constructionof this development as directed by City staff. Install signing and striping per approved plans.
4. 5 Submit to the City, electronic files of Tract/Parcel Map and "as-built" improvement plans in AUTOCAD format and Adobe Acrobat PDF format. AUTOCAD files shall be submitted as an archived zip file of the CAD drawings with all base files attached.
5. 0 COMPLETE PINE AVE. PUBLIC IMPROVEMENTS:
5. 1 Within one year of obtaining right of way from the applicable offsite property owners and obtaining required permits from State and federal agencies, construct and secure Development Services Department approval of all required improvements and public facilities described as follows:
A. Construct Line H storm drain lateral described in item 2. 16, above. ( APNs 1057- 031- 01 and 03)
B. Construct interim Pine Ave street widening between Euclid Ave and Mayhew Ave described in item 2. 27, above. ( APNs 1056- 392- 05 and 06) C. Slurry seal along all streets impacted by the construction of this development as directed by City staff. Install signing and striping per approved plans.
5. 2 Before the end of calendar year 2021, construct and secure Development Services Department approval of all required improvements and public facilities in item 2.22, above. These improvements are generally described as Pine Ave Stage 3. Slurry seal along all streets impacted by the construction of this development as directed by City staff. Install signing and striping per approved plans.
Attachment
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
DEVELOPMENT ENGINEERING DIVISION
ITEMS REQUIRED FOR FIRST PLAN CHECK SUBMITTAL
TRACT MAP NO. 20161
PROJECT ENGINEER: M. Khudadatov/ D. Hammer
DATE: 7/ 15/ 19 7/ 1/ 2020
A A COPY OF THIS CHECK LIST MUST BE SUBMITTED WITH THE FIRST PLAN CHECK 1 Copy of Development Engineering Division Conditions of Approval with approved TTM 2 Sets of Maps (Subdivision Only)
2 Copiesof preliminaryTitle Report (no older than sixty days) with support documents (Subdivision Only)
2 Copies of Closure Calculations (SubdivisionOnly)
1 Set of Referenced Maps ( Subdivision Only)
2 Copies of PreliminarySoils Report (no older than sixty days) 2 Copies of lot line adjustment certificate
2 Copies of lot merger
2 Copies of right-of-way dedication
4 Sets of Rough Grading Plans
5 Sets of Precise Grading Plans
4 Sets of Storm Drain Plans
Pine Ave Storm Drain Plans
Backbone/ In- tract Storm Drain Plans
2 Copiesof Hydrologyand HydraulicCalculationswith Backup Data Signed and Sealed by a Registered Civil Engineer)
2 Copiesof EngineeringCost Estimate (On City Forms)with Engineer's Wet Signature and Stamp 3 Sets of Street Improvements Plans
Backbone/ In-tract Street Imp. Plans
Pine Ave Street Imp. Plans
1 3 Copies of Cross- Sections ( if street plans are required) at 50' intervals and extended a minimum of 100' beyond limits of improvements
2 Sets of Sewer Plans
Backbone/ In-tract Sewer Imp. Plans
3 Sets of Domestic Water Plans
Backbone/ In-tract Water Imp. Plans
2 Sets of Recycled Water Plans
Backbone/ In-tract Recycled Water Imp. Plans
2 Sets of Street Light Plans
Pine Ave Street Light Plans
Bickmore Ave Street Light Plans
Backbone/ In- tract Street Light Plans
Rev. 11/ 19/ 18 MB
2 Copies of Voltage Drop Calculations ( Signed and Sealed by a Registered Engineer) 2 Sets of Signing and Striping Plans
Backbone/ In- tract S & S Plans
1 Sets of Traffic Signal Interconnect Plans
Pine Ave IC Plan
2 Sets of Traffic Signal Plans
1 Water Quality Management Plan
1 Submit Accessible Route Plan approved by City Accessibility Coordinator EXHIBIT " C"
FINAL MAP NO. 20161
CHINO PRESERVE DEVELOPMENT CORPORATION
ENVIRONMENTAL WARRANTY
As a condition precedent to acceptance of the dedications and public improvements to be conveyed by the above- named Subdivider to the City of Chino for the above- referenced Subdivision, Subdivider hereby warrants to the City of Chino that:
1. Neither the property to be dedicated nor Subdivider are in violation of any environmental law, and neither the property to be dedicated nor the Subdivider are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with the environmental laws relating to the property to be dedicated.
2. Neither Subdivider nor any other person with Subdivider' s permission to be upon the property to be dedicated has used, generated, manufactured, produced, or released, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this warranty, the term " Hazardous Substances" shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as " Toxic Materials" in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, in effect as of the date of this Warranty and/or the date of the completion of the public improvements, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies in effect as of the date of this Warranty and/or the date of the completion of the public improvements.
3. Subdivider has not caused or permitted the release of, and has no knowledge of the release or presence of, any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated.
4. Subdivider' s prior and present use of the property to be dedicated has not resulted in the release of any Hazardous Substance on the property to be dedicated.
5. All persons executing this warranty hereby represent and warrant to the City of Chino, and Subdivider hereby represents and warrants, that the signators hereto have the legal power, right and authority to execute this warranty on behalf of the Subdivider 01225. 0005/ 645279. 1 C- 1
and that the signators hereto have sufficient knowledge or expertise, either personally, through reasonable inspection and investigation of the property, or through reasonable reliance upon the investigation and professional opinion of Subdivider' s environmental experts, to make the representations herein, and that no consent of any other party is required to execute this warranty and make the representations herein on behalf of the Subdivider to the City of Chino.
Each of the undersigned persons declares under penalty of perjury that the foregoing is true and correct.
Dated: e .
CHINO PRESERVE DEVELOPMENT CORPORATION
By:
Proof of authorization for Subdivider' s signatures is required to be submitted concurrently with this environmental warranty.
01225. 0005/ 645279. 1 C- 2
Liberty Mutual. Liberty Mutual Surety
17771 Cowan, Suite 100• Irvine, California 92614•( 949) 263- 3300SURETY www. iibertymutualsurety. com
Executed in Triplicate
BOND NO. 024247174
120. 00
premium is for a
term of One year( s).
MONUMENTATION BOND
FOR SUBDIVISIONS
KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS, ChinoPreserveDevelopmentCorporation hereinaftercalledSUBDIVIDER, isthedeveloperof thatcertainsubdivisionknownasVanVliet-Tr20161 andWHEREAS, all monumentshavenotyetbeensetinthepositionsnotedin theproposedFinal Subdivision Map for said subdivision,
NOW, 'I1lEREFORE, we the subdivider as Principal, andthe TheOhioCasualtyInsuranceCompany Legal Title andAddressof Surety)
asSurety. areheld andfirmly bound unto the CityofChino
in the SUMof ThirtyThousandand NO/100
30, 000. 00
lawfulmoneyof theUnitedStates. forthepaymentof whichsumwellandtrulyto bemade, webindourselves, ourheirs, executors, administrators, successors, orassigns, oranyoralloreitherofthem, shallfailtopayany engineerorsurveyorforthesettingmonumentsinthepositionsnotedintheproposedFinalSubdivisionMapfor saidsubdivisioninaccordancewiththeprovisionsofGovernmentCodeSec. 66495et. seq., thensaidSuretywill pay the same in an amount not exceeding the amount hereinabove set forth.
ITISHEREBYEXPRESSLYSTIPULATEDANDAGREEDthatthisBondshallinsuretothebenefitofanyand allpersons,companies,andcorporationsentitledtofileclaimsagainstit. pursuanttoGovernmentCodeSec.66497.
Shouldtheconditionof thisBondbefully performed, thenthisobligationshallbecomenullandvoid, otherwiseit shall he and remain in till force and effect.
And thesaidSurety, for valuereceived, herebystipulatesandagreesthatnochange, extensionof time, alteration oradditiontothetermsof theAgreementorContract, ortotheworkto beperformedthereunder, shallinanyway affectitsobligationsontheBond,andit doesherebywaivenoticeofanysuchchange,extensionoftime.alteration or addition to the terms of the Agreement or Contract.
IN WITNESSWHEREOFthis Instrumenthasbeendulyexecutedby thePrincipalandSuretyabovenamed on July 23, 20 20
Principal Surety
Chino Preserve Development Corporation The Ohio CasualtyInsuranceCompany By:^ 4
By: See Attached Jessica G rcia, Attorney In Fact
Attorney- In- Fact
lu- ir r, ( AOS i
Signature Page for Bond #: 024247/ 74
CHINO PRESERVE DEVELOPMENT CORPORATION,
a California corporation
By:
Name: B an Goodman
Its: Authori d Agent
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 San Bernardino
On July 28, 2020 before me, Tanya K. Nesmith, Notary Public insert name and title of the officer)
personally appeared Bryan Goodman
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/are subscribedto the within instrument and acknowledgedto 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 certifyunderPENALTYOF PERJURYunderthelawsoftheStateof Californiathattheforegoing paragraph is true and correct.
WITNESS my hand and official seal. TANYA K. NESMITH Notary Public- California
SanBernardino County
Commission r 2254448
My Comm. Expires Aug 16, 2022
Signature (' , Seal)
owThis PowerofAttorneylimitstheactsofthosenamedherein,andtheyhavenoauthorityto r., bindtheCompanyexceptinthe mannerandtotheextenthereinstated.
Liberty Liberty Mutual Insurance Company
01` Mutual.
The Ohio Casualty Insurance Company Certificate No 8203482- 000001 West American Insurance Company
SURETY
POWER OF ATTORNEY
KNOWNALL PERSONSBYTHESEPRESENTS:ThatTheOhioCasualtyInsuranceCompanyis a corporationdulyorganizedunderthe lawsof theStateof NewHampshire, that LibertyMutualInsuranceCompanyisacorporationdulyorganizedunderthelawsoftheStateofMassachusetts,andWestAmericanInsuranceCompanyisacorporationdulyorganized underthelawsoftheStateof Indiana(hereincollectivelycalledthe"Companies"),pursuanttoandbyauthorityhereinsetforth,doesherebyname,constituteandappoint, MariaI uisa R. Aguivaldo, Antonio Alvarado, Brett I). Asmus, Victor A. Ballesteros, Debra Bell, Jane I . Block, Shirley A. Campi, Jorge Correa, Michael J. Forman, JessicaGarcia, SandraGaytan,BeckyGomez,VuHo,JimHume,MaricelaLares,BrianNgare,Jenny'I'.Nguyen,RajanPatel,MariaG.Rodriguez-Wong,AlexSanchez.Gerald Schumacher, Michael Stein, Esmeralda Ureno, Lupe Villarreal, Steven C. White, Anthony K. T. Yau all of the city of Orange state of CA eachindividuallyif therebemorethanonenamed,itstrueandlawfulattorney-in-facttomake, execute,seal,acknowledgeanddeliver,forandonitsbehalfassuretyandasitsactanddeed,anyandallundertakings,bonds,recognizancesandothersuretyobligations,inpursuance ofthesepresentsandshallbeas bindingupontheCompaniesas if theyhavebeendulysignedbythepresidentandattestedbythesecretaryof theCompaniesintheirownproper persons
INWITNESSWHEREOF,thisPowerofAttorneyhasbeensubscribedbyanauthorizedofficerorofficialoftheCompaniesandthecorporatesealsof theCompanieshavebeenaffixed thereto this 20th day of April , 2020
LibertyMutual InsuranceCompany
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On this 20th day of April , 2020 beforemepersonallyappearedDavidM.Carey,whoacknowledgedhimselftobetheAssistantSecretaryofLibertyMutualInsurance o
co oCompany, The Ohio Casualty Company,and. West American Insurance Company,and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes W
thereincontainedbysigningonbehalfofthecorporationsbyhimselfasadulyauthorizedofficer To N
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Kingof Prussia, Pennsylvania, on the day and year first above wntten. 4 r0-
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O COMMONWEALTH OF PENNSYLVANIA T
O Notarial Seal f
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Teresa Pastella, Notary Public
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Upper Merlon Twp., Montgomery County By: E
My Commission Expires March 28. 2021 eresa Pastella, Notary Public o m Member, Pennsylvania Association of Notaries 0"
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t, a? ThisPowerofAttomeyismadeandexecutedpursuanttoandbyauthorityofthefollowingBy-lawsandAuthorizationsofTheOhioCasualtyInsuranceCompany, LibertyMutual O.- Insurance Company,and West American Insurance Companywhich resolutions are now in full force and effect reading as follows o ai N ARTICLE IV- OFFICERS: Section 12. Power of Attorney a Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the- . n a C
President may prescribe, shall appoint such attorneys- in- fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety > 0 anyandallundertakings,bonds,recognizancesandothersuretyobligationsSuchattorneys-in-fact,subjecttothelimitationssetforthintheirrespectivepowersofattorney,shall o ' 5 havefullpowertobindtheCorporationbytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealoftheCorporation. Whensoexecuted,suchE cv z U instruments shall be as binding as if signed by the President and attested to by the Secretary Any power or authority granted to any representative or attorney- in- fact under the c w
provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority o i
ARTICLE XIII- Execution of Contracts: Section 5. SuretyBonds and Undertakings. o( 9 Any officer of the Companyauthorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, — T-
shallappointsuchattorneys-in-fact,as maybenecessaryto actin behalfoftheCompanyto make,execute,seal,acknowledgeanddeliverassuretyanyandall undertakings, bonds,recognizancesandothersuretyobligations.Suchattorneys-in-factsubjectto thelimitationssetforthintheirrespectivepowersofattorney,shallhavefullpowerto hindthe CompanybytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealoftheCompany.Whensoexecutedsuchinstrumentsshallbeasbindingasit signedbythepresidentandattestedbythesecretary
Certificateof Designation-ThePresidentoftheCompany,actingpursuanttotheBylawsoftheCompany,authorizesDavidM.Carey,AssistantSecretarytoappointsuchattorneys-in. factasmaybenecessarytoactonbehalfoftheCompanytomake,execute,seal,acknowledgeanddeliverassuretyanyandallundertakings,bonds,recognizancesandothersurety obligations.
Authorization--ByunanimousconsentoftheCompany's BoardofDirectors,theCompanyconsentsthatfacsimileormechanicallyreproducedsignatureofanyassistantsecretaryofthe Company,whereverappearinguponacertifiedcopyofanypowerofattorneyissuedbytheCompanyinconnectionwithsuretybonds,shallbevalidandbindingupontheCompanywith the sameforceand effectas though manuallyaffixed.
I,ReneeC. Llewellyn,theundersigned,AssistantSecretary, TheOhioCasualtyinsuranceCompany,LibertyMutualInsuranceCompany,andWestAmericanInsuranceCompanydo herebycertifythattheoriginalpowerofattorneyofwhichtheforegoingisafull,trueandcorrectcopyofthePowerofAttorneyexecutedbysaidCompanies,isinfullforceandeffectand has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this".) f day of \' f s'' v v NSti4, 01 INSL P 1NSUii,
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CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 YDcMiar + acn.. r, Y'. F( ` cr v^ . Fsl.., rsxr+.. u a a ;,, y.... r*.+. n rrcM r c.+^ YSc- 1 tcM- a l` ¢ sM ^ ti n" ix7 cr' 2 v : t 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 %'/.? 5p0 t,) : before me, Antonio Alvarado, Notary Public Date Here Insert Name and Title of the Officer
personally appeared Jessica Garcia
Name( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to be the person( e) whose name(.$ re subscribed to the within instrument and acknowledged to me that he/ they executed the same in his/ their authorized capacity( ie, r and that by his/ their signature( s) on the instrument the person$ . or the entity upon behalf of which the person¢ sj„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 offic' eal.
ANCJf 10 ALVA i DO
Ncw/ PuOi i ai forma Sign
r. { Orange Cooly S' t e of Notary PublicCorm Vs
K 2 2' o 8
t.ly Comm kDres 2Nv 1Z 2021
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: Jessica Garcia Signer' s Name:
O Corporate Officer— Title( s):
0 Corporate Officer— Title( s):
Partner— Limited 0 General Partner— Limited 0 General O Individual Attorney in Fact Individual Attorney in Fact 0 Trustee Guardian or Conservator 0 Trustee 0 Guardianor Conservator 0 Other: 0 Other:
Signer Is Representing: The Ohio Casualty Insurance Signer Is Representing:
Company
rcr esrcr r< r. csr. rc r r r^ r rc r. Tr nn,a,c of rar., c:rc rc- rier, K 2014 National Notary Association • www. NationalNotary. org • 1-800- US NOTARY( 1-800- 876- 6827) Item# 5907 LMS- 14067 12/ 14
Executed in Triplicate
Storm Drain Line H
Premium:$ 1, 361. 00
Bond No.: 024247171
Contract No.: 2021 - 014
Approved: - t Zi 120 4Pei
FAITHFUL PERFORMANCE BOND
TRACT MAP NO. 20161
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as" CITY" and CHINO PRESERVE DEVELOPMENT CORPORATION hereinafter designated as PRINCIPAL," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated JULY 21, 2020 and identified as Project No. TRACT MAP NO. 20161 is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the Principal and The Ohio Casualty Insurance Company as surety, are held and firmly bound unto the City of Chino in the penal sum of THREE HUNDRED FORTY THOUSAND THREE HUNDRED Dollars ($ 340, 300. 00 lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above- bound 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, and provisions in said agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents, and employees, as therein stipulated, 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 attorneys' fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its 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, this instrument has been duly executed by Principal and Surety above named, on July 23, 2020
Chino Preserve Development Corporation The Ohio Casualty Insurance Company
PRINCIPAL SURETY
r`
By: See Attached By:
Jessi1'Gar ia,AttorneyIn Fact
SIGNATURES MUST BE NOTARIZE!)
Rev. 04/ 2019) Page 1 of 1
Signature Page for Bond #: 024247171
CHINO PRESERVE DEVELOPMENT CORPORATION,
a California corporati• n
By:
Name: ryan Goodman
Its: Autho i ed Agent
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 San Bernardino
On July 28, 2020 befog; me, Tanya K. Nesmith, Notary Public insert name and title of the officer)
personally appeared Bryan Goodman
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 myhandand official seal.
YAK. NESMITH
Notary Public- California
j San Bernardino County
Y% Commission# 2254448
My Comm. Expires Aug 16, 2022
Signature tY'' 4fift/ d4 Seal)
This Power of Attorney limits the acts of those named herein, and they have no authority toOW r bind the Company except in the manner and to the extent herein stated.
Oil
p, r‘.
Liberty Liberty Mutual Insurance Company
MutuaL The Ohio Casualty Insurance Company Certificate No: 8203482- 000001 West American Insurance Company
SURETY
POWER OF ATTORNEY
KNOWNALL PERSONSBY THESE PRESENTS:That The Ohio Casualty InsuranceCompanyis a corporationduly organized under the laws of the State of New Hampshire, that LibertyMutualInsuranceCompanyis a corporationduly organizedunderthe lawsof the Stateof Massachusetts,and West AmericanInsuranceCompanyis a corporationdulyorganized underthelawsof the Stateof Indiana(hereincollectivelycalled the" Companies"),pursuantto and by authorityhereinset forth, does hereby name,constituteand appoint, Maria Luisa R. Aguinaldo, Antonio Alvarado, Brett D. Asmus, Victor A. Ballesteros, Debra Bell, Jane I . Block, Shirley A. Camrpi, Jorge Correa, Michael J. Forman, Jessica Garcia, SandraGaytan, Becky Gomez, Vu Ho, Jim Hume, Maricela Litres, Brian Ngare, Jenny' I'. Nguyen, Rajan Patel, Maria G. Rodriguez- Wong, Alex Sanchez, Gerald Schumacher, Michael Stein, Esmeralda Ureno, Lupe Villarreal, Steven C. White, Anthony K. T. Yau all of the city of Orange state of CA each individuallyif there be morethan one named,its true and lawfulattorney-in-factto make, execute,seal, acknowledgeand deliver,for and on its behalfas surety and as its act and deed,anyand all undertakings,bonds,recognizancesand othersuretyobligations,in pursuance ofthesepresentsandshallbeas bindingupontheCompaniesas if theyhavebeendulysignedbythepresidentandattestedbythesecretaryof theCompaniesin theirownproper persons.
INWITNESSWHEREOF,this Powerof Attorney has been subscribedby an authorizedofficeror officialof the Companiesand the corporateseals of the Companieshavebeen affixed thereto this 20th day of April , 2020 _
LibertyMutual InsuranceCompany
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David M. Carey,Assistant Secretary
ro State of PENNSYLVANIA cc
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20th dayof April 2020 before me personallyappearedDavid M. Care who acknowledged himself to be the Assistant Secretaryof LibertyMutual Insurance a
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oitsCompany,TheOhioCasualtyCompany,andWestAmericanInsuranceCompany,andthathe,assuch,beingauthorizedsotodo,executetheforegoinginstrumentforthepurposesTo0W 4) >
therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
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IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Kingof Prussia, Pennsylvania, on the day and year first above written. c c c•
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O COMMONWEALTH OF PENNSYLVANIA Q b'
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ON
Teresa Pastella. Notary Public v
Ltditi4t)Upper Merlon Tem, Montgomery County By:
E-
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My Commission Expires March 28, 202tCas 0 nserTesa Pastella, Nota Public Member, Pennsylvania Association of Notariesry 0.. O
ThisPowerofAttorneyismadeandexecutedpursuanttoandbyauthorityofthefollowingBy-lawsandAuthorizationsofTheOhioCasualtyInsuranceCompany, LibertyMutual_y0 a?
0. 5 Insurance Company, and West American Insurance Companywhich resolutions are now in full force and effect reading as follows: Q J a)
di ARTICLE IV- OFFICERS:Section 12. PowerofAttorney.
4- as Anyofficeror otherofficialof the Corporationauthorizedfor thatpurposein writingby theChairmanor the President, andsubjectto suchlimitationas the Chairmanor theTo.2 P- U Presidentmayprescribe,shallappointsuchattorneys-in-fact,asmaybenecessarytoactinbehalfoftheCorporationtomake,execute,seal,acknowledgeanddeliverassuretyv 0) asN anyandallundertakings,bonds,recognizancesandothersuretyobligations.Suchattorneys-in-fact,subjecttothelimitationssetforthintheirrespectivepowersofattorney,shall .c havefullpowertobindtheCorporationbytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealoftheCorporation. Whensoexecuted, suchE No 0 instruments shall be as bindingas if signed bythe President and attested to bythe Secretary.Anypower or authoritygranted to anyrepresentative or attorney- in- fact under the.'- co ZU 9 P Y
provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. o0 ARTICLE XIII- Execution of Contracts: Section 5. Surety Bonds and Undertakings. o Anyofficerof theCompanyauthorizedforthatpurposeinwritingbythechairmanorthepresident,andsubjecttosuchlimitationsasthechairmanorthepresidentmayprescribe, (—'-- shallappointsuchattorneys-in-fact,as maybe necessaryto actin behalfof theCompanyto make,execute,seal,acknowledgeanddeliverassuretyanyandall undertakings, bonds,recognizancesandothersuretyobligations.Suchattorneys-in-factsubjecttothelimitationssetforthintheirrespectivepowersof attorney,shallhavefullpowerto bindthe Companybytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealof theCompany.Whensoexecutedsuchinstrumentsshallbeasbindingasif signedby the presidentand attestedby the secretary
Certificateof Designation-ThePresidentoftheCompany,actingpursuanttotheBylawsoftheCompany,authorizesDavidM.Carey,AssistantSecretarytoappointsuchattorneys-in- factasmaybenecessarytoactonbehalfof theCompanytomake,execute,seal,acknowledgeanddeliverassuretyanyandall undertakings,bonds,recognizancesandothersurety obligations
Authorization-ByunanimousconsentoftheCompany'sBoardofDirectors,theCompanyconsentsthatfacsimileormechanicallyreproducedsignatureofanyassistantsecretaryofthe Company,whereverappearinguponacertifiedcopyofanypowerofattorneyissuedbytheCompanyinconnectionwithsuretybonds,shallbevalidandbindingupontheCompanywith thesameforce and effectas thoughmanuallyaffixed.
I,ReneeC. Llewellyn,theundersigned,AssistantSecretary,TheOhioCasualtyInsuranceCompany,LibertyMutualInsuranceCompany,andWestAmericanInsuranceCompanydo herebycertifythattheoriginalpowerofattorneyofwhichtheforegoingisafull,trueandcorrectcopyofthePowerofAttorneyexecutedbysaidCompanies,isinfullforceandeffectand has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this , 1,..7)',`day of I +‘• (. L, i P‘'\ NSUipq PvZVINgU, NSURq
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da ReneeC. Llewellyn,AssistantSecretary9z7 * 1` 91 * 1, M * 1`1'1 LMS- 12873 I_MIC OCIC WAIC Multi Co 12119
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 C.-: n-' S;<‘ 1-.:),- : l -.,, ," ( rii:; n:, f_, <,.: 5' h;( x- .. i-•ti:< -;< -,- S c\-. 7c,-` Y- ti, Y 7=>, 7,-;..:,:.,. 4Y; i S,:.-. .. A--,< ~,--.', cr.. . t> cx.,.
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 ' I/ bc)?!0 before me, Antonio Alvarado, Notary Public Date Here Insert Name and Title of the Officer
personally appeared JessicaGarcia
Name( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to be the person(e)- whose name*s)Q /are subscribed to the within instrument and acknowledged to me that heistrclthey executed the same in hie/ their authorized capacity4e, I, and that by his/ heir signature( e)- on the instrument the person($- or the entity upon behalf of which the person( sraacted, 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 han icial seal
ANTONIOALVARADO
Si natur
z` ter
t . Notarypublic Cao ornia 9
z OrangeCountyts- i1 v
S nat o ary Publicomm,s;,on< 2221608
L MyCommExpiresNov12.2021
uY
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: Jessica Garcia Signer' s Name:
n Corporate Officer— Title( s):
Eii Corporate Officer— Title( s):
n Partner— 0 Limited El General 0 Partner— L_ Limited General n Individual Attorney in Fact n Individual Attorney in Fact n Trustee n Guardian or Conservator 0 Trustee Guardian or Conservator n Other: Other:
Signer Is Representing: ' TV-x C, 0 Signer Is Representing:
2014 National Notary Association • www. NationalNotary. org• 1-800- US NOTARY( 1-800- 876- 6827) Item# 5907 LMS- 14067 12/ 14
Executed in Triplicate
Storm Drain Line H Premium: Included in Performance
Bond No.: 024247171
Contract No.: 2 I - 014
Approved: _ - 121j 20 4I
LABOR AND MATERIAL BOND
TRACT MAP NO. 20161
WHEREAS,the City Council of the City of Chino, State of California, hereinafter designated as" CITY" and CHINO PRESERVE DEVELOPMENT CORPORATION hereinafter designated as PRINCIPAL," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated JULY 21. 2020 and identified as Project No. TRACT MAP NO. 20161 , is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, Principal is required, before entering upon the performance of the work, to file a good and sufficient payment bondwith the City of Chino to secure the claims to which reference is made in Title 15( commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.
NOW, THEREFORE, said Principal and the undersigned, as corporate surety, are held and firmly bound unto the City of Chino, and all contractors, subcontractors, laborers, material, men, and other persons employed in the performanceof the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of ONE HUNDRED SEVENTY THOUSAND ONE HUNDRED FIFTY Dollars ($ 170, 150. 00 ) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonableexpensesand fees, including reasonableattorneys'fees, incurred by City in successfullyenforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 ( commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on July 23, 2020
Chino Preserve Development Corporation The Ohio Casualty Insurance Company
PRINCIPAL SURETY
r
A
By: See Attached By:
J
Je ica Garcia, Attorney In Fact
SIGNATURE( S) MUST BE NOtARIZED
Rev. 04/ 2019) Page 1 of 1
Signature Page for Bond #: 024247171
CHINO PRESERVE DEVELOPMENT CORPORATION,
a California corpo ation
By:
Name: Br - n Goodman
Its: Authoriz Agent
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 San Bernardino
On July 28, 2020 before me, Tanya K. Nesmith, Notary Public insert name and title of talc :, fficer)
personally appeared Bryan Goodman
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. TANYA K. NESMITH
7 #
r."•\
Notary Public- California
i1 San Bernardino County
Commission; 2254448
My Comm. ExpiresAug 16. 2022
Signature & 491.. a, 14 Seal)
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 c, c- C-ti" Cn" 5 n-,- cfasixx-, c , cfx. s.: n;: c,:...,--, C.%:. ti: f.- C' 1 ' ti. e'..‘ : i, c- eA:.< U^ t`, i:<<;,
0. ri." ti' ,-;,-,. Sti<.\- 2c-,,.--s til` ' c,- xxvS+ CCi A notarypublicor otherofficercompletingthis certificateverifiesonly the identityof the individualwho signedthe documentto whichthis certificateis attached,andnotthetruthfulness,accuracy,or validityof thatdocument.
State of California
County of Orange
On
7/ 3 I ,,--'' 0 aUbeforeme, Antonio Alvarado, Notary Public Date Here Insert Name and Title of the Officer
personally appeared Jessica Garcia
Name( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to be the personfs)- whose name( s)!/ re subscribed to thewithininstrumentandacknowledgedto methathe/3/ theyexecutedthesameinhire/ theirauthorized capacity(+ es), and that by his/ heir signature(s}' on the instrument the person(.4 or the entity upon behalf of which the person($ cted, 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 h d offici
NCNIOAARaD qrl
Puai, Sign ore YJ "' v!?
IINo fl
T '
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: Jessica Garcia Signer' s Name:
Corporate Officer— Title( s): Corporate Officer— Title( s):
O Partner— Limited General Partner— E Limited n General Individual Attorney in Fact E Individual Attorney in Fact n Trustee n Guardian or Conservator I I Trustee Guardian or Conservator Other: Other:
Signer Is Representing: "— ht. 4:),hk 0 Signer Is Representing:
2014 National Notary Association • www. NationalNotary. org • 1-800- US NOTARY( 1-800- 876-6827) Item# 5907 LMS- 14067 12/ 14
or ThisPowerofAttorneylimitstheactsofthosenamedherein,andtheyhavenoauthorityto bind the Company except in the manner and to the extent herein stated.
Liberty Liberty Mutual Insurance Company
r , Mutual. The Ohio Casualty Insurance Company Certificate No: 8203482- 000001 West American Insurance CompanySURETY
POWER OF ATTORNEY
KNOWNALLPERSONSBYTHESEPRESENTS:ThatTheOhioCasualtyInsuranceCompanyisacorporationdulyorganizedunderthelawsoftheStateofNewHampshire, that LibertyMutualInsuranceCompanyisacorporationdulyorganizedunderthelawsoftheStateofMassachusetts,andWestAmericanInsuranceCompanyisacorporationdulyorganized underthelawsoftheStateofIndiana(hereincollectivelycalledthe"Companies"),pursuanttoandbyauthorityhereinsetforth,doesherebyname,constituteandappoint, MariaI.uisa R.Aguinaldo.AntonioAlvarado,BrettD.Asmus,VictorA. Baltesteros,Debra13ett,JameI . Block,ShirleyA. Campi,JorgeCorrea,MichaelJ.Forman,JessicaGarcia, SamdraGaytan,BeckyGomez,VuIto, JimHume,MaricelaI ares,BrianNgare,Jenny'I'.Nguyen,RajanPatel,MariaG.Rodriguez-Wong,AlexSanchez,Gerald Schumacher,MichaelStein,EsmeraldaUreno,lope Villarreal, StevenC. White,Anthony K.T. Yau all of the city of Orange state of CA eachindividuallyiftherebemorethanonenamed,itstrueandlawfulattorney-in-facttomake, execute,seal,acknowledgeanddeliver,forandonitsbehalfassuretyandasitsactanddeed,anyandallundertakings,bonds,recognizancesandothersuretyobligations,inpursuance ofthesepresentsandshallbeasbindingupontheCompaniesasiftheyhavebeendulysignedbythepresidentandattestedbythesecretaryoftheCompaniesintheirownproper persons.
INWITNESSWHEREOF,thisPowerofAttorneyhasbeensubscribedbyanauthorizedofficerorofficialoftheCompaniesandthecorporatesealsoftheCompanieshavebeenaffixed thereto this 20th day of April , 2020 _
LibertyMutualInsuranceCompany
P,, INSuk p
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Rq TheOhioCasualtyInsuranceCompany
4. 1
woNpopi,"?. 0 yJ GONPORgrF 4y ott oRPOR4; 40 West American Insurance Company al
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DavidM Carey,AssistantSecretary
ea Stateof PENNSYLVANIA
turnCountyof MONTGOMERY
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82 On this 20th day of April , 2020 before me personally appeared David M. Carey,who acknowledged himself to be the Assistant Secretaryof LibertyMutual Insurance' N co Company,TheOhioCasualtyCompany,andWestAmericanInsuranceCompany,andthathe,assuch,beingauthorizedso todo,executetheforegoinginstrumentforthepurposes6 rA457 therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 0Wco E
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Kingof Prussia, Pennsylvania, on the day and year first above written. c °- m
o COMMONWEALTH OF PENNSYLVANIA d'
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p Notarial Seal
Ltd&
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Qy Teresa Pastelt», Notary Public 1 cQ
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r Upper Meson Twp., Montgomery County By: ,
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My commission Expires March za 2021
eresa Pastella, NotaryPublic o to
a, Member. Pennsylvania Association of Notaries a. C)
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This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual c
0•
C Insurance Company,and West American Insurance Companywhich resolutions are now in full force and effect reading as follows:
i aiN
ARTICLEIV- OFFICERS:Section12. Powerof Attorney. a Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the ro a
a
President may prescribe, shall appoint such attorneys- in- fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety > 0, any and all undertakings, bonds, recognizances and other surety obligations Such attorneys- in- fact, subject to the limitations set forth in their respective powers of attorney, shall . cv o `
have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation When so executed, such E oho
Z v instrumentsshallbeasbindingasifsignedbythePresidentandattestedtobytheSecretaryAnypowerorauthoritygrantedtoanyrepresentativeorattorney-in-factunderthea=o2o provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority Coi ARTICLE XIII- Execution of Contracts: Section 5. Surety Bonds and Undertakings c"—
o
Anyofficerof theCompanyauthorizedforthatpurposeinwritingbythechairmanorthepresident,andsubjecttosuchlimitationsasthechairmanorthepresidentmayprescribe, I-" shallappointsuchattorneys-in-fact,as maybenecessaryto actin behalfoftheCompanyto make,execute,seal,acknowledgeanddeliverassuretyanyandall undertakings, bonds,recognizancesandothersuretyobligations.Suchattorneys-in-factsubjecttothelimitationssetforthintheirrespectivepowersof attorney,shallhavefullpowerto bindthe Companybytheirsignatureandexecutionofanysuchinstrumentsandto attachtheretothesealof theCompany.Whensoexecutedsuchinstrumentsshallbeasbindingas if signed by the president and attested by the secretary.
Certificateof Designation-ThePresidentoftheCompany,actingpursuanttotheBylawsoftheCompany,authorizesDavidM.Carey,AssistantSecretarytoappointsuchattorneys-in- factasmaybenecessaryto actonbehalfoftheCompanyto make,execute,seal,acknowledgeanddeliverassuretyanyandallundertakings,bonds,recognizancesandothersurety obligations.
Authorization-ByunanimousconsentoftheCompany's BoardofDirectors,theCompanyconsentsthatfacsimileormechanicallyreproducedsignatureofanyassistantsecretaryofthe Company,whereverappearingupona certifiedcopyof anypowerofattorneyissuedbytheCompanyinconnectionwithsuretybonds,shallbevalidandbindingupontheCompanywith the sameforceand effectas thoughmanuallyaffixed.
I, ReneeC. Llewellyn,theundersigned,AssistantSecretary, TheOhioCasualtyInsuranceCompany,LibertyMutualInsuranceCompany,andWestAmericanInsuranceCompanydo herebycertifythat the originalpower of attorney of which the foregoingis a full, true and correct copyof the Powerof Attomey executed by said Companies,is in full force and effectand has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this r_.;`+ day of `,,; J 3 l% nv
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ReneeC. Llewellyn,AssistantSecretaryA 4•1 * 1,
LMS- 12873 LMIC OCIC WAIC Multi Co 12119
Executed in Triplicate
Storm Drain Line H Premium: Included in Performance
Bond No.: 024247171
Contract No.:
ZJ - 014Approved: -
T12.0 2O 4t.
WARRANTY BOND
TRACT MAP NO. 20161
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as CITY" and CHINO PRESERVE DEVELOPMENT CORPORATION hereinafter designated as PRINCIPAL," have entered into an agreement whereby Principal has agreed to warrant and guarantee the installation, completion, and maintenance of certain designated public improvements, which said agreement, dated JULY 21, 2020 and identified as Project No. TM 20161 , is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the warranty of said improvements.
NOW, THEREFORE, we, the Principal, and The Ohio Casualty Insurance Company , as surety, are held and firmly bound unto the City of Chino in the penal sum of THIRTY- FOUR THOUSAND THIRTY Dollars $ 34, 030. 00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, suc cessors, executors, and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bound 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 performthe covenants, conditions,and provisionsin said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed thereof made as therein provided, on his or its part,to be kept and performedat the time and inthe mannertherein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a 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 attorneys' fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its 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, this instrument has been duly executed by Principal and Surety above named, on July 23, 2020
Chino Preserve Development Corporation The Ohio Casualty Insurance Company _
PRINCIPAL SURETY
By: See Attached By: i
Jeslica cia, Attorney In Fact
SIGNATURE( S) MUST BE NOTARIZED
Rev. 04/ 2019) Page 1 of 1
Signature Page for Bond #: 024247171
CHINO PRESERVE DEVELOPMENT CORPORATION,
a California corporatio
By:
Name: B an Goodman
Its: Authori d Agent
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 San Bernardino
On July 28, 2020 before me, Tanya K. Nesmith, Notary Public insert . lame and title of the officer)
personally appeared Bryan Goodman
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/, per/ 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. ANYA K. NESMITH
Natary P..bnc- Calrfornia
San Bernarcino County41
Y. / Commission; 2254448
My Comm. Expires AJg 16, 2022
Signature % l. d' ` . Seal)
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 C- uS..-„ ce, i 4c,, cx-) e `--,^ ,, --- rx,-,..- -,<'::: ti: c.,,<< .. 1•. if-.. t . r' n-,," r l ,',. v`-... `-,<:-;:-.' ti.< n" Yri, a^ ti' nA', c` c."_ fti; o,:{'—' Gift..,- fMlA: fi:!% i A notarypublicor otherofficercompletingthiscertificateverifiesonlytheidentityof theindividualwhosignedthe documenttowhichthiscertificateisattached,andnotthetruthfulness,accuracy,orvalidityofthatdocument.
State of California
County of Orange
On
U beforeme, AntonioAlvarado,NotaryPublicJJ
Date Here Insert Name and Title of the Officer
personally appeared Jessica Garcia
Name( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to be the person(s,Leose name(e- is/are subscribedto thewithininstrumentandacknowledgedtomethathe/a/ theyexecutedthesameinhis drtheirauthorized capacity( iac), and that by his/ iltileirsignature(sTbntheinstrumenttheperson(s,.ortheentityuponbehalfof 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.
ANTONIOALVARADO
NotaryPublic- California _
i.,46, Orange County
Sign
i'./ pllil'.:
Commission# 2221608 Signature of NotaryPublic
My Comm.ExpiresNov 12.2021
Place Notary Seal Above
OPTIONAL
Thoughthis section is optional, completingthis informationcan deter alteration of the documentor 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: Jessica Garcia Signer' s Name:
Corporate Officer— Title( s):
n Corporate Officer— Title( s):
El Partner— Limited E General Ei Partner— El Limited Ell General Individual i Attorney in Fact E Individual Attorney in Fact E Trustee 11 Guardian or Conservator I Trustee U Guardianor Conservator Other: El Other:
Signer Is Representing: — 1'1., ' Ot(1k( J Signer Is Representing:
2014 National Notary Association •www.NationalNotary.org• 1-800-US NOTARY( 1-800-876-6827) Item# 5907 LMS- 14067 12/ 14
ThisPowerofAttorneylimitstheactsofthosenamedherein,andtheyhavenoauthorityto V
bindthe Companyexceptin themannerandto theextenthereinstated. 1 LibertyLiberty Mutual Insurance Company
pit` Mutual The Ohio Casualty Insurance Company Certificate No: 8203482- 000001 West American Insurance CompanySURETY
POWER OF ATTORNEY
KNOWNALLPERSONSBYTHESEPRESENTS:ThatTheOhioCasualtyInsuranceCompanyisacorporationdulyorganizedunderthelawsoftheStateofNewHampshire, that LibertyMutualInsuranceCompanyisacorporationdulyorganizedunderthelawsoftheStateofMassachusetts,andWestAmericanInsuranceCompanyisacorporationdulyorganized underthelawsoftheStateofIndiana(hereincollectivelycalledthe"Companies"),pursuanttoandbyauthorityhereinsetforth,doesherebyname,constituteandappoint, MariaI visa R. Aguinaldo,AntonioAlvarado,BrettD. Asmus,Victor A. Ballesteros,DebraBell, JaneE.Block, ShirleyA. Campi,JorgeCorrea,MichaelJ. Forman,JessicaGarcia, SandraGaytan,BeckyGomez,VuHo,JimHume,MaricelaLares,BrianNgare,Jenny'I'.Nguyen,RajanPatel,MariaG.Rodriguez-Wong,AlexSanchez,Gerald Schumacher,MichaelStein,EsmeraldaUreno,Lupe Villarreal, StevenC. White,Anthony K.T. Yau all of the city of Orange state of CA eachindividuallyiftherebemorethanonenamed,itstrueandlawfulattorney-in-facttomake, execute,seal,acknowledgeanddeliver,forandonitsbehalfassuretyandasitsactanddeed,anyandallundertakings,bonds,recognizancesandothersuretyobligations,inpursuance ofthesepresentsandshallbeasbindingupontheCompaniesasiftheyhavebeendulysignedbythepresidentandattestedbythesecretaryoftheCompaniesintheirownproper persons
INWITNESSWHEREOF,thisPowerofAttorneyhasbeensubscribedbyanauthorizedofficerorofficialof theCompaniesandthecorporatesealsoftheCompanieshavebeenaffixed thereto this 20th day of April , 2020 .
LibertyMutual InsuranceCompany
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coDavid M. Carey, Assistant Secretary
0 State of PENNSYLVANIA
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aS
m
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rtv.. m On this 20th day of April , 2020 before me personally appeared David M Carey, who acknowledged himself to be the Assistant Secretaryof Liberty Mutual Insurance o
ois Company,TheOhioCasualtyCompany,andWestAmericanInsuranceCompany,andthathe,assuch,beingauthorizedsotodo,executetheforegoinginstrumentforthepurposesro(I) therein contained by signing on behalf of the corporations by himself as a duly authorized officer W 1G— as E
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written En
c o c'
O COMMONWEALTH OF PENNSYLVANIA G( 4i
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Teresa Pastella, Notary Public
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Upper Merlon Twp, Montgomery County By: EMy Commission Expires March 28. 2021 eresa Pastella, Notary Public 0 ( IT
Member. Pennsylvania Association of Notaries a- Cy
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t ThisPowerofAttorneyismadeandexecutedpursuanttoandbyauthorityofthefollowingBy-lawsandAuthonzationsofTheOhioCasualtyInsuranceCompany, LibertyMutual 0•-
Insurance Company,and West American Insurance Companywhich resolutions are now in full force and effect reading as follows_ o ai
as. ARTICLEIV- OFFICERS:Section12. Powerof Attorney vo AnyofficerorotherofficialoftheCorporationauthorizedforthatpurposeinwritingbytheChairmanorthePresident, andsubjecttosuchlimitationastheChairmanorthem 2 President may prescribe, shall appoint such attorneys- in- fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety >, 0 any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys- in- fact, subject to the limitations set forth in their respective powers of attorney, shall c\ I o
have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation When so executed, such E co
Z v instrumentsshallbeasbindingasifsignedbythePresidentandattestedtobytheSecretary.Anypowerorauthoritygrantedtoanyrepresentativeorattorney-in-factunderther= provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority o 0 ARTICLE XIII- Execution of Contracts: Section 5 Surety Bonds and Undertakings. o
AnyofficeroftheCompanyauthorizedforthatpurposeinwritingbythechairmanorthepresident,andsubjecttosuchlimitationsasthechairmanorthepresidentmayprescnhe, h T.-- shallappointsuchattorneys-in-fact,as maybe necessarytoactin behalfof theCompanyto make,execute,seal,acknowledgeanddeliveras suretyanyandall undertakings, bonds,recognizancesandothersuretyobligations.Suchattorneys-in-factsubjecttothelimitationssetforthintheirrespectivepowersofattorney,shallhavefullpowertobindthe CompanybytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealoftheCompany.Whensoexecutedsuchinstrumentsshallbeasbindingasif signedby the presidentand attestedby the secretary.
Certificateof Designation-ThePresidentoftheCompany,actingpursuanttotheBylawsoftheCompany,authorizesDavidM.Carey,AssistantSecretarytoappointsuchattorneys-in-- factasmaybenecessarytoactonbehalfof theCompanyto make,execute,seal,acknowledgeanddeliverassuretyanyandallundertakings,bonds,recognizancesandothersurety obligations.
Authorization-ByunanimousconsentoftheCompany's BoardofDirectors,theCompanyconsentsthatfacsimileormechanicallyreproducedsignatureofanyassistantsecretaryofthe Company,whereverappearinguponacertifiedcopyof anypowerofattorneyissuedbytheCompanyinconnectionwithsuretybonds,shallbevalidandbindingupontheCompanywith the same force and effect as though manually affixed.
I, ReneeC. Llewellyn,theundersigned,AssistantSecretary,TheOhioCasualtyInsuranceCompany,LibertyMutualInsuranceCompany,andWestAmericanInsuranceCompanydo herebycertifythattheoriginalpowerof attorneyofwhichtheforegoingis afull,trueandcorrectcopyofthePowerofAttorneyexecutedbysaidCompanies,isinfullforceandeffectand has not been revoked.
j
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this z:-") clay of ( ` jkl.; y , y l
t)
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ReneeC. Llewellyn,AssistantSecretary9z> * t' a y1 . 0, M * P4 LMS- 12873 LMIC OCIC WAIC Multi Ca 12/ 19
Executed in Triplicate
Premium:$ 6, 933. 00
Pine/ Euclid Ave. Improvements - Van Vliet
Bond No.: 024247172
Contract No.: Z OZ I - 014
Approved: , I Z aI ZQ
FAITHFUL PERFORMANCE BOND
TRACT MAP NO. 20161
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as" CITY" and Chino Preserve Development Corporation hereinafter designated as PRINCIPAL,"have entered into an agreement whereby Principalagrees to install and complete certain designated public improvements, which said agreement, dated July 21, 2020 and identified as Project No. Tract Map No. 20161 is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the Principal and The Ohio Casualty Insurance Company as surety, are held and firmly bound unto the City of Chino in the penal sum of One Million Seven Hundred Thirty- Three Thousand Three Hundred Dollars ($ 1, 733, 300. 00 lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above- bound 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, and provisions in said agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents, and employees, as therein stipulated, 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 attorneys' fees, incurred by City in successfullyenforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the termsof the agreementor to theworkto be performedthereunderor the specificationsaccompanyingthe same shall in any way affect its 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, this instrument has been duly executed by Principal and Surety above named, on July 23, 2020
Chino Preserve Development Corporation The Ohio Casualty Insurance Company
PRINCIPAL SURETY
By: See Attached
By:
Jessa G rcia, Attorney I act
SIGNATURES MUST BE NOTARIZED
Rev. 04/ 2019) Page 1 of 1
Signature Page for Bond #: 024247172
CHINO PRESERVE DEVELOPMENT CORPORATION,
a California corporatio
By:
Name: Br an Goodman
Its: Authori d Agent
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 San Bernardino
On July 28, 2020 before me, Tanya K. Nesmith, Notary Public insert name and title of the officer)
personally appeared Bryan Goodman
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.
TANYA K. NESMITH
WITNESS my hand and official seal. A Notary Public- California ro. San Bernardino County
Commission N 2254448
MyComm.ExpiresAug16,2022
Signature 41lZ ' L tY L Seal)
This Power of Attorney limits the acts of those named herein, and they have no authority toOM 7 bind the Company except in the manner and to the extent herein stated.
Liberty Liberty Mutual Insurance Company
r* ' Mutual. The Ohio Casualty Insurance Company Certificate No: 8203482- 000001 West American Insurance Company
SURETY
POWER OF ATTORNEY
KNOWNALL PERSONSBY THESE PRESENTS:That The Ohio CasualtyInsuranceCompanyis a corporation duly organized under the laws of the State of New Hampshire, that LibertyMutualInsuranceCompanyis a corporationduly organizedunderthe lawsof the Stateof Massachusetts,and WestAmerican InsuranceCompanyis a corporationduly organized underthe laws of the Stateof Indiana(hereincollectivelycalledthe" Companies"),pursuantto and by authorityhereinset forth,does herebyname,constituteand appoint, Maria I uisa R. Aguinaldo, Antonio Alvarado, Brett D. Asmus, Victor A. I3allesteros, Debra Bell, Jane F. Block, Shirley A. Campi, Jorge Correa, Michael J. Forman, Jessica Garcia, Sandra Gaytan, Becky Gomez, Vu Ho, Jim Hume, Maricela Lanes,Brian Ngare, Jenny T. Nguyen, Rajan Patel, Maria G. Rodriguez- Wong, Alex Sanchez, Gerald Schumacher, Michael Stein, Esmeralda Ureno, Lupe Villarreal, Steven C. White, Anthony K.T. Yau all of the city of Orange state of CA each individuallyif there be morethan one named,its true and lawful attorney-in-fact to make, execute,seal,acknowledgeand deliver,for and on its behalfas surety and as its act and deed,anyand all undertakings,bonds, recognizancesand other suretyobligations,in pursuance of these presentsand shall be as binding upon the Companiesas if they have been duly signed by the presidentand attested by the secretary of the Companiesin their own proper persons.
IN WITNESSWHEREOF,this Powerof Attorneyhas been subscribedby an authorizedofficeror official of the Companiesand the corporateseals of the Companieshave been affixed thereto this 20th day of April , 2020 -
LibertyMutualInsuranceCompany
P 1NSUgq P01iNSG NSu The Ohio CasualtyInsurance Company 5, A: LOPPOR4,,+„ QJcpp.Polt4r' Qyy°
cç8y: ;/ //
CoAD David M.Carey, AssistantSecretary
u State of PENNSYLVANIA c
m cry Countyof MONTGOMERY
SS
c
v 6 On this 20th day of April , 2020 before me personally appeared David M. Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance t_
o
Ti Company, The Ohio CasualtyCompany,and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes o Wtli > thereincontainedby signingon behalfof the corporationsby himselfas a dulyauthonzedofficer. m
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. c c.
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to
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d COMMONWEALTH OF PENNSYLVANIA Q` I
a Notarial Seal f 0 C;,
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Teresa Pastelta, Notary Public
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Npper Merlon lwp., Montgomery County By: ,' S Ety0 I My Commission Expires March 28, 2021
eresa Pastella, NotaryPublic O CO
CD'"' Member. Pennsylvania Association of Notaries Cl_0 ro
rn o
ma? ThisPowerofAttorneyismadeandexecutedpursuanttoandbyauthorityofthefollowingBy-lawsandAuthonzationsofTheOhioCasualtyInsuranceCompany, LibertyMutual O. F Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows. o ni ARTICLE IV- OFFICERS: Section 12. Power of Attorney v
o t°
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the'. a r? v President may prescribe, shall appoint such attorneys- in- fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety > 0 o' aci anyandallundertakings,bonds,recognizancesandothersuretyobligationsSuchattorneys-in-fact,subjecttothelimitationssetforthintheirrespectivepowersofattorney,shall havefullpowerto bindtheCorporationbytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealoftheCorporation. Whensoexecuted, suchE( i Z v instrumentsshallbeasbindingas ifsignedbythePresidentandattestedto bytheSecretary.Anypoweror authoritygrantedtoanyrepresentativeorattomey-in-factunderthe provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. c 0 ARTICLE XIII- Execution of Contracts: Section 5 Surety Bonds and Undertakings o(9 AnyofficeroftheCompanyauthorizedforthatpurposeinwritingbythechairmanorthepresident,andsubjecttosuchlimitationsasthechairmanorthepresidentmayprescribe, -*- shall appointsuch attorneys-in-fact, as may be necessaryto act in behalf of the Companyto make, execute,seal, acknowledgeand deliver as surety any and all undertakings, bonds, recognizancesand other suretyobligations.Such attorneys-in-fact subjectto the limitationsset forth in their respectivepowersof attorney,shall havefull powerto bindthe CompanybytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealoftheCompany.Whensoexecutedsuchinstrumentsshallbeasbindingas if signed by the presidentand attestedby the secretary.
Certificateof Designation-ThePresidentoftheCompany,actingpursuanttotheBylawsoftheCompany,authorizesDavidM.Carey,AssistantSecretarytoappointsuchattorneys-in- factasmaybenecessarytoactonbehalfoftheCompanytomake,execute,seal,acknowledgeanddeliverassuretyanyandall undertakings,bonds,recognizancesandothersurety obligations
Authorization-ByunanimousconsentoftheCompany's Boardof Directors,theCompanyconsentsthatfacsimileormechanicallyreproducedsignatureofanyassistantsecretaryofthe Company,whereverappearingupona certifiedcopyofanypowerofattorneyissuedbytheCompanyinconnectionwithsuretybonds,shallbevalidandbindingupontheCompanywith thesameforce and effectas thoughmanuallyaffixed.
I, ReneeC Llewellyn,theundersigned,AssistantSecretary,TheOhioCasualtyInsuranceCompany,LibertyMutualInsuranceCompany,andWestAmericanInsuranceCompanydo herebycertifythattheoriginalpowerofattorneyofwhichtheforegoingisafull,trueandcorrectcopyofthePowerofAttorneyexecutedbysaidCompanies,is infullforceandeffectand has
notES
been
Y
7 ( t
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this r') v
dayof
3 ., ,)(-;:).'"()
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das' S° Ply
At, ' ef1\ NOiAN Dk By.
Renee C. Llewellyn, Assistant6)z) * 0 yl * 1-* 3M * ya y Secretary LMS- 121373 LMIC OCIC WAIC Multi Co 12119
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 2,-., c n< r.,.- x xx. 7,•s),-( 1< xx.>,:' i: cc, c'. . ti+: n. A-,-;,` _-,, z-: lri: 5' w., x, ce,-, t ,:; l:,:.: it. n- ti tint ^- " 0,-- xx' Y' ti. S"_ S.ei- K—.:‹ c- c,,-... n:
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 iJ, t/ before me, Antonio Alvarado, Notary Public Date Here Insert Name and Title of the Officer
personally appeared JessicaGarcia
Name( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to be the person(&)- whose name. tare subscribed to the within instrument and acknowledged to me that h sh '' they executed the same in his a heir authorized capacityEies)- and that by his their signature( s)-on th instrument the person( ej- or the en ity upon behalf of which the person(sracted, 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 h an fficial seal
ANTONIO ALVARADO
3 Ncic- Ca . Signatur
r . OrangeCounty na otaryPublic
commission d 2221608
My Comm.ExpiresNav' 2,2021
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: Jessica Garcia Signer' s Name:
n Corporate Officer— Title( s): Corporate Officer— Title( s):
Partner— Limited n General Partner— n Limited n General Individual Attorney in Fact n Individual Attorney in Fact El Trustee Guardian or Conservator Trustee I I Guardianor Conservator Other: D Other:
Signer Is Representing: " 1",,NL CA6 0 CouQC I Signer Is Representing:
oii\,, V' t', V"1 IR, l CVY1( t 1(1k,
a.
2014 National Notary Association • www. NationalNotary. org• 1-800- US NOTARY( 1-800- 876- 6827) Item# 5907 LMS- 14067 12/ 14
Executed In Triplicate
Pine/ Euclid Ave. Improvements - Van Vliet Premium: Included in Performance Bond No.: 024247172
Contract No.: 2 071 - ol4
Approved: 1121 ) 2. 0
LABOR AND MATERIAL BOND
TRACT MAP NO. 20161
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as" CITY" and CHINO PRESERVE DEVELOPMENT CORPORATION hereinafter designated as PRINCIPAL," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated JULY 21. 2020 and identified as Project No. TRACT MAP NO. 20161 , is hereby referred to and made a part hereof; and WHEREAS, underthe terms of said agreement,Principalis required, beforeentering upon the performance of the work, to file a good and sufficient payment bond with the City of Chino to secure the claims to which reference is made in Title 15( commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.
NOW, THEREFORE, said Principal and the undersigned, as corporate surety, are held and firmly bound unto the City of Chino, and all contractors, subcontractors, laborers, material, men, and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of EIGHT HUNDRED SIXTY- SIX THOUSAND SIX HUNDRED FIFTY Dollars($ 866, 650. 00 ) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 ( commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on July 23, 2020
Chino Preserve Development Corporation The Ohio Casualty Insurance Company
PRINCIPAL SURETY
See Attached
By: By: 1 U 1
Jessa arcia, Attorney In Fac
SIGNATURE( S) MUST BE NOTARIZED
Rev. 04/ 2019) Page 1 of 1
Signature Page for Bond #: 024247172
CHINO PRESERVE DEVELOPMENT CORPORATION,
a California corporation
By: ir/
iName: Bryin Goodman
Its: Authoriz; Agent
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 San Bernardino
On July 28, 2020 before me, Tanya K. Nesmith, Notary Public insert name and title of the office)
personally appeared Bryan Goodman
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.
TANYA K. NESMIT H
WITNESS my hand and official seal. Notary Puerc California e' San Rpm ardino County
a Commission r 2254448
D
My Comm. ExpiresAug 16, 2022
Signature d/II/ T / 1 '' tit Seal)
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 Gti- t.' leirtifi,<`'':,.'" d'!`: i: t'.<:`'. L" t' CS':. t n,< S'-ti.{'•;,'. i; C1;{'.^ l' ti.` i.` n.,.< —',,.,:'.' Y` ti`. ti,{ ri. - t.':. 1^ i:. cG' t'.ti. S< G+. Sri. C ' ti.^,"' l:. n'^(`.- Y n: ti' S.i r:
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
7l, ( (") before me, Antonio Alvarado, Notary Public Date Here Insert Name and Title of the Officer
personally appeared Jessica Garcia
Name( s) of Signer( s)
who proved to me on the basis of satisfactory evidenceto be the person{ej-whose name(s),Ct$/are subscribedto the within instrument and ackno ledged to me that he ' they executed the same in hisetheir authorized capacity(+ r ),
and that by his/ e heir signature4 4.on the instrument the person( s+, or the entity upon behalf of which the person( lttcted, 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 h. • an. • fficial s•
ANTONIOALVARADO
NotaryPublic- California Signatur
1 '.
l '
Orange County igna • otary Public
y Commission#2221608
My Comm.ExpiresNov 12,2021
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: Jessica Garcia Signer' s Name:
Corporate Officer— Title( s): Corporate Officer— Title( s):
El Partner— U Limited n General Partner— El Limited El General LI Individual Attorney in Fact LI Individual J Attorney in Fact Trustee Guardian or Conservator Trustee n Guardianor Conservator C Other: Other:
Signer Is Representing: T e L; ht U Cc3Ix() Signer Is Representing:
2014 National Notary Association • www. NationalNotary. org • 1-800- US NOTARY( 1-800- 876- 6827) Item# 5907 LMS- 14067 12/ 14
OWThis PowerofAttorneylimitstheactsofthosenamedherein,andtheyhavenoauthorityto bind the Company except in the manner and to the extent herein stated. i
VP•
70. 1,
0` Li berty Liberty Mutual Insurance Company
Mutual The Ohio Casualty Insurance Company Certificate No: 8203482- 000001 West American Insurance Company
SURETY
POWER OF ATTORNEY
KNOWNALL PERSONSBYTHESEPRESENTS:ThatTheOhioCasualtyInsuranceCompanyis a corporationdulyorganizedunderthelawsof theStateof NewHampshire, that LibertyMutualInsuranceCompanyisacorporationdulyorganizedunderthelawsoftheStateofMassachusetts,andWestAmericanInsuranceCompanyisacorporationdulyorganized underthelawsoftheStateof Indiana(hereincollectivelycalledthe"Companies"),pursuanttoandbyauthorityhereinsetforth,doesherebyname,constituteandappoint, Maria I R. Aguinaldo, Antonio Alvarado, Brett D. Asmus, Victor A. 13altesteros,Debra Bell, Jane 1 . Block, Shirley A. Campi, Jorge Correa, Michael J. Forman, JessicaGarcia.
SandraGaytan,BeckyGomez,Vu l Ie, Jim Hume,Maricela Fares,BrianNgare,Jenny'I'. Nguyen,RajanPatel,Maria G. Rodriguez-Wong,Alex SanchezGerald Schumacher, Michael Stein, Esmeralda Ureno, Lupe Villarreal, Steven C. White, Anthony K. T. Yau all of the city of Orange state of CA eachindividuallyif there be morethan one named,its true and lawfulattorney-in-fact to make, execute,seal,acknowledgeanddeliver,forandonitsbehalfassuretyandasitsactanddeed,anyandallundertakings,bonds,recognizancesandothersuretyobligations,inpursuance ofthesepresentsandshallbeas bindingupontheCompaniesas if theyhavebeendulysignedbythepresidentandattestedby thesecretaryof theCompaniesin theirownproper persons.
IN WITNESSWHEREOF,this Powerof Attorney has been subscribedby an authonzedofficeror officialof the Companiesand the corporateseals of the Companieshave beenaffixed thereto this 20th day of April , 2020 _
LibertyMutual InsuranceCompany
P 1NStiq POSYINSG 1NSt,
xxj,, The Ohio CasualtyInsuranceCompany
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9l y° West American Insurance Company
as
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t`o State of PENNSYLVANIA
as DavidM.Carey,AssistantSecretary
a) o, Countyof MONTGOMERY
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On this 20th dayof April , 2020 before me personallyappeared David M. Care who acknowledged himself to be the Assistant Secretaryof LibertyMutual Insurance -PP Y, 9 o ro Company,TheOhioCasualtyCompany,andWestAmericanInsuranceCompany,andthathe,assuch,beingauthorizedsotodo,executetheforegoinginstrumentforthepurposesTor a4Uim
therein contained by signing on behalf of the corporations by himself as a duly authorized officer E
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. c °-
c• 7 pcMa
mom
o COMMONWEALTH OF PENNSYLVANIA V
p Notarial Sear
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0 cOZ5f17Teresa Pastella. Notary Public
UCN
Upper Merlon Twp. Montgomery County By: &:li EMy Commission Expires March 28, 2021 eresa Pastella, Notary Public o to
Member. Pennsylvania Association of Notaries a. O
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co', This Power of Attorney is made and executed pursuant toandbyauthorityofthefollowingBy-lawsandAuthonzationsofTheOhioCasualtyInsuranceCompany, LibertyMutualY 0•
E Insurance Company,and West American Insurance Companywhich resolutions are now in full force and effect reading as follows: a ai w
a? ARTICLEIV- OFFICERS:Section12 Powerof Attorney.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the—, r 2 U' President may prescribe, shall appoint such attorneys- in- fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety > v anyandall undertakings,bonds,recognizancesandothersuretyobligations.Suchattorneys-in-fact,subjectto thelimitationssetforthintheirrespectivepowersof attorney,shall ohave fullpowertobindtheCorporationbytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealoftheCorporationWhensoexecuted,suchE 2 v instrumentsshallbeasbindingasifsignedbythePresidentandattestedtobytheSecretary.Anypowerorauthoritygrantedtoanyrepresentativeorattorney-in-factunderthew provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. a,ci ARTICLE XIII Execution of Contracts: Section 5. Surety Bonds and Undertakings o(-
Any officerof the Companyauthonzedfor that purpose in writing by the chairmanor the president,and subjectto such limitationsas the chairmanor the presidentmayprescnbe, —— shall appointsuch attorneys-in-fact, as may be necessaryto act in behalf of the Companyto make, execute,seal, acknowledgeand deliver as surety any and all undertakings, bonds,recognizancesandothersuretyobligationsSuchattomeys-in-factsubjecttothelimitationssetforthintheirrespectivepowersofattorney,shallhavefullpowerto bindthe Companybytheirsignatureandexecutionof anysuchinstrumentsandto attachtheretothesealof theCompany.Whensoexecutedsuchinstrumentsshallbeasbindingasit signedby the presidentand attestedby the secretary.
Certificateof Designation-ThePresidentoftheCompany,actingpursuanttotheBylawsoftheCompany,authorizesDavidM.Carey,AssistantSecretarytoappointsuchattorneys-in- factasmaybenecessaryto actonbehalfoftheCompanyto make,execute,seal,acknowledgeanddeliverassuretyanyandall undertakings,bonds,recognizancesandothersurety obligations
Authorization-ByunanimousconsentoftheCompany's BoardofDirectors,theCompanyconsentsthatfacsimileormechanicallyreproducedsignatureofanyassistantsecretaryofthe Company,whereverappearingupona certifiedcopy of any power of attomey issuedby the Companyin connectionwith suretybonds, shall be valid and bindingupon the Companywith the sameforceand effectas thoughmanuallyaffixed.
I, ReneeC. Llewellyn,theundersigned,AssistantSecretary,TheOhioCasualtyInsuranceCompany,LibertyMutualInsuranceCompany,andWestAmericanInsuranceCompanydo herebycertifythat the originalpower of attorney of which the foregoingis a full, true and correctcopy of the Powerof Attorneyexecuted by said Companies,is in full force and effectand has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this ) v
clay of__ _____ — e} t-,)J.
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4, otANP cis ReneeC. Llewellyn,AssistantSecretary6%7, t•ev y1 * 0 yI t N y ' LMS- 12i373 LMic OCIC WAIC Multi Co 12/ 19
Executed in Triplicate
Pine/ Euclid Ave. Improvements - Van Vliet Premium: Included in Performance Bond No.: 024247172
Contract No.:
zoz) - -, y--Approved: - T 1'Z t lit, 4,
WARRANTY BOND
TRACT MAP NO. 20161
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as CITY" and CHINO PRESERVE DEVELOPMENT CORPORATION hereinafter designated as PRINCIPAL," haveenteredintoan agreementwherebyPrincipalhasagreedto warrantandguarantee the installation, completion, and maintenance of certain designated public improvements, which said agreement, dated JULY 21, 2020 and identified as Project No. TM 20161 , is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the warranty of said improvements.
NOW, THEREFORE, we, the Principal, and The Ohio Casualty Insurance Company , as surety, are held and firmly bound unto the City of Chino in the penal sum of ONE HUNDRED SEVENTY-THREE THOUSAND THREE HUNDRED THIRTY Dollars $ 173, 330. 00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, suc cessors, executors, and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bound 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 performthe covenants, conditions, and provisionsin said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a 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 attorneys' fees, incurredby the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its 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, this instrument has been duly executed by Principal and Surety above named, on July 23, 2020
Chino Preserve Development Corporation The Ohio Casualty Insurance Company
PRINCIPAL SURETY
By:
See Attached
By:
J9sSica3 Garcia, Attome act
SIGNATURE( S) MUST BE NOTARIZED
Rev. 04/ 2019) Page 1 of 1
Signature Page for Bond #: 024247172
CHINO PRESERVE DEVELOPMENT CORPORATION,
a California corporation
By:
Name: B n oodman
Its: Authori Agent
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 San Bernardino
On July 28, 2020 before me, Tanya K. Nesmith, Notary Public insert name arid title of the officer)
personally appeared Bryan Goodman
who provedto me on the basis of satisfactoryevidenceto be the person(s) whose name(s) is/are subscribes 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 signatui e(s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTYOF PERJURYunderthe laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
TANYAK. NESMITH
Notary Public- California
San Bernardino County
1 Commission# 2254448
MyComm.ExpiresAug16,2022
Signature ' '
l
t L - d ui Seal)
OW ThisPowerofAttorneylimitstheactsofthosenamedherein,andtheyhavenoauthorityto bindtheCompanyexceptin themannerandtotheextenthereinstated. r % Liberty Liberty Mutual Insurance Company
Mutual® The Ohio Casualty Insurance Company Certificate No: 8203482- 000001 West American Insurance CompanySURETY
POWER OF ATTORNEY
KNOWNALLPERSONSBYTHESEPRESENTS:ThatTheOhioCasualtyInsuranceCompanyisacorporationdulyorganizedunderthelawsoftheStateofNewHampshire,that LibertyMutualInsuranceCompanyisacorporationdulyorganizedunderthelawsoftheStateofMassachusetts,andWestAmericanInsuranceCompanyisacorporationdulyorganized underthelawsoftheStateofIndiana(hereincollectivelycalledthe"Companies"),pursuanttoandbyauthorityhereinsetforth,doesherebyname,constituteandappoint, MariaI visa R.Aguinaldo,AntonioAlvarado,BrettD. Asmus,VictorA. Ballesteros,DebraBell,JaneIL Block,ShirleyA.Cwnpi,JorgeCorrea,MichaelJ.Forman,Jessica('iarcia, Sandra(iaytan,BeckyGomez,Vulb°,JimHume,Maricelatares,BrianNgarc,JennyT.Nguyen,RajanPatel,MariaG.Rodriguez-Wong,AlexSanchez,Gerald Schumacher,MichaelStein,EsmeraldaUreno,LupeVillarreal,StevenC.White,AnthonyK.T.Yau all of the city of Orange state of CA eachindividuallyiftherebemorethanonenamed,itstrueandlawfulattorney-in-facttomake, execute,seal,acknowledgeanddeliver,forandonitsbehalfassuretyandasitsactanddeed,anyandallundertakings,bonds,recognizancesandothersuretyobligations,inpursuance ofthesepresentsandshallbeasbindingupontheCompaniesasiftheyhavebeendulysignedbythepresidentandattestedbythesecretaryoftheCompaniesintheirownproper persons
INWITNESSWHEREOF,thisPowerofAttorneyhasbeensubscribedbyanauthonzedofficerorofficialoftheCompaniesandthecorporatesealsoftheCompanieshavebeenaffixed thereto this 20th day of April , 2020
LibertyMutual InsuranceCompany
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By:
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DavidM Carey,AssistantSecretaryto StateofPENNSYLVANIA
wrnCountyofMONTGOMERYssno
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On this 20th dayof April , 2020 before me personallyappeared David M Carey,who acknowledged himself to be the Assistant Secretaryof LibertyMutual Insurance o
o
PP Y 9 h-
ra Company,TheOhioCasualtyCompany,andWestAmericanInsuranceCompany,andthathe,assuch,beingauthorizedsotodo,executetheforegoinginstrumentforthepurposesTo(I) 0 therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 0 W
ti IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. c o- vr o(.„
nocpO COMMONWEALTH OF PENNSYLVANIA C' T
b Notarial Seal 0- 0
OTeresa
Pastella, Notary Public N
C• Upper Merlon Twp. Montgomery County By: .
v L. 0 / V
Es j, My Commission Expires March 28. 2021 7i
0 ca
itm( A Member, Pe insylvar a Assoc ah
eresa Pastella,Notary Public
on of Notaries t).. O
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g alThisPowerofAttorneyismadeandexecutedpursuanttoandbyauthorityofthefollowingBy-lawsandAuthorizationsofTheOhioCasualtyInsuranceCompany, LibertyMutualY O. S Insurance Company,and West American Insurance Companywhich resolutions are now in full force and effect reading as follows: c1a)ar ARTICLEIV- OFFICERS:Section12.Powerof Attorney
o Any officer or other official of the Corporation authonzed for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the is- o tea
12 0 President may prescribe, shall appoint such attorneys- in- fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety a)> V.
c any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys- in- fact, subject to the limitations set forth in their respective powers of attorney, shall. 0o''c
o ' 5. havefullpowertobindtheCorporationbytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealoftheCorporation. Whensoexecuted,suchEcv Z v instruments shall be as binding as if signed by the President and attested to by the Secretary Any power or authority granted to any representative or attorney- in- fact under the 2 provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. o 0 ARTICLE XIII- Execution of Contracts: Section 5 Surety Bonds and Undertakings.
U`-
AnyofficeroftheCompanyauthorizedforthatpurposeinwritingbythechairmanorthepresident,andsubjecttosuchlimitationsasthechairmanorthepresidentmayprescribe, I— shallappointsuchattorneys-in-fact,as maybe necessarytoactin behalfoftheCompanyto make,execute,seal,acknowledgeanddeliverassuretyanyandall undertakings, bonds,recognizancesandothersuretyobligations.Suchattorneys-in-factsubjecttothelimitationssetforthintheirrespectivepowersofattorney,shallhavefullpowerto bindthe CompanybytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealoftheCompany.Whensoexecutedsuchinstrumentsshallbeasbindingasif signedby the presidentand attestedby the secretary.
Certificateof Designation-ThePresidentoftheCompany,actingpursuanttotheBylawsoftheCompany,authorizesDavidM.Carey,AssistantSecretarytoappointsuchattorneys-in- tactasmaybenecessarytoactonbehalfoftheCompanytomake,execute,seal,acknowledgeanddeliverassuretyanyandallundertakings,bonds,recognizancesandothersurety obligations
Authorization-ByunanimousconsentoftheCompany's BoardofDirectors,theCompanyconsentsthatfacsimileormechanicallyreproducedsignatureofanyassistantsecretaryofthe Company,whereverappearingupona certifiedcopyof anypowerofattorneyissuedbytheCompanyinconnectionwithsuretybonds,shallbevalidandbindingupontheCompanywith the sameforceand effectas thoughmanuallyaffixed.
I, ReneeC. Llewellyn,theundersigned,AssistantSecretary, TheOhioCasualtyInsuranceCompany,LibertyMutualInsuranceCompany,andWestAmericanInsuranceCompanydo herebycertifythattheoriginalpowerofattorneyofwhichtheforegoingis afull,trueandcorrectcopyofthePowerofAttorneyexecutedbysaidCompanies,is infullforceandeffectand has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this I-- r
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By:
ReneeC.Llewellyn,AssistantSecretary
LMS- 12873 LMIC OCIC WAIC Multi Co 12/ 19
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 C, ri.- S . c.,. ' C.ti'"` S•. t-, c, cx-&<•, tYt1.-..•; x r., K' '' ti`,-, .„^:. f__,.•,-x-`, c/:,:<. 1. 5. i;` ti(:._ ti( n`,-<• ,' t`.,-' C:ti(:-. 7, C; ' n" '" Y-+/' n: 5:ri: 1 A notarypublicor other officer completingthis certificateverifiesonly the identityof the individualwho signedthe documentto whichthis certificateis attached,and notthetruthfulness,accuracy,or validityof thatdocument.
State of California
County of Orange
On
7/ i,),7 t, before me, Antonio Alvarado, Notary Public Date Here Insert Name and Title of the Officer
personally appeared Jessica Garcia
Name( s) of Signer( s)
whoprovedto meon thebasisof satisfactoryevidenceto betheperson(e) whosenamc(a)eare subscribedto the within instrument and acknowledged to me that heeithey executed the same in his/her/their authorized capacity( ilac), and that by his of, heir signature(}- on the instrument the person{ ej; or the entity upon behalf of which the person4&)- 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 , d and offi ial al.
ANTONIOA2VAWO
a Notary
Orange
PL,Oc
County
Signatur;/ f, ti
va° fr OrangeCo nry f Sign. . e of otary PublicCornmiss,or 4 2221608 v
My Gomm ExpiresNcv 12,2021
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: Jessica Garcia Signer' s Name:
Corporate Officer— Title( s):
Ei Corporate Officer— Title( s):
L- Partner— Limited General 0 Partner— 0 Limited 0 General El Individual Attorney in Fact Individual r- Attorney in Fact Trustee E Guardian or Conservator Trustee Guardian or Conservator 0 Other: E Other:
Signer Is Representing: Iv, e ` ht G (, L‘,, L C{1),, i)
Signer Is Representing:
2014 National Notary Association • www. NationalNotary. org • 1-800- US NOTARY( 1-800- 876- 6827) Item# 5907 LMS- 14067 12/ 14
Executed in Triplicate
Pine Ave. Stage 3 Improvements - Van Vliet Bond No.:$ 16, 114. 00 Bond No.: 024247173
Contract No.: 4
Approved: 2- 0 # 9_
FAITHFUL PERFORMANCE BOND
TRACT MAP NO. 20161
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as "CITY" and CHINO PRESERVE DEVELOPMENT CORPORATION hereinafter designated as PRINCIPAL,"have entered into an agreement whereby Principalagrees to install and complete certain designated public improvements, which said agreement, dated JULY 21, 2020 and identified as Project No. TRACT MAP NO. 20161 is hereby referredto and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the Principal and The Ohio Casualty Insurance Company as surety, are held and firmly bound unto the City of Chino in the penal sum of FOUR MILLION TWENTY-EIGHT THOUSAND FOUR HUNDRED Dollars($ 4, 028, 400. 00 lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs, successors,executors, and administrators,jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above- bound 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, and provisions in said agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents, and employees, as therein stipulated, 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 includedcostsand reasonableexpensesand fees includingreasonableattorneys' fees, incurredby City in successfullyenforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does herebywaive 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, this instrument has been duly executed by Principal and Surety above named, on July 23, 2020
Chino Preserve Development Corporation The Ohio Casualty Insurance Company
PRINCIPAL SURETY
By: See Attached
By: L
Jessi arcia, Attorney In Fact
SIGNATURES MUST BE NOTARIZED
Rev. 04/ 2019) Page 1 of 1
Signature Page for Bond #: 024247173
CHINO PRESERVE DEVELOPMENT CORPORATION,
a California corporatio
By:
Name: Van Goodman
Its: Author' ed Agent
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 San Bernardino
On July 28, 2020 before n- rr, Tanya K. Nesmith, Notary Public insert name and title of the officer)
personally appeared Bryan Goodman
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/are subscribedto the within instrument and acknowledgedto methat 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 PENALTYOF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. TANYA K NESMITHa Notary Public- California
e San Bernardino County T.
Commission„ 2254448
9 My Cumin. Expires Aug 16, 2022
Signature LMM' fL
te Seal)
U
This Power of Attorney limits the acts of those named herein, and they have no authority towir bind the Company except in the manner and to the extent herein stated.
Liberty Liberty Mutual Insurance Company
0 ' Mutual. The Ohio Casualty Insurance Company Certificate No 8203482- 000001 West American Insurance Company
SURETY
POWER OF ATTORNEY
KNOWNALL PERSONSBY THESE PRESENTS:That The Ohio Casualty InsuranceCompanyis a corporationduly organized under the laws of the State of New Hampshire,that LibertyMutualInsuranceCompanyisa corporationdulyorganizedunderthelawsoftheStateofMassachusetts,andWestAmericanInsuranceCompanyisacorporationdulyorganized underthe lawsof the Stateof Indiana(hereincollectivelycalled the" Companies'),pursuantto and by authorityhereinset forth, does hereby name,constituteand appoint, Maria I.uisa R. Aguinaldo, Antonio Alvarado, Brett D. Asmus, Victor A. Ballesteros, I Bell, Jane F. Block, Shirley A. Carpi, Jorge Correa, Michael J. Forman, JessicaGarcia, SandraGaytan, Becky Gomez, Vu 11o,Jim I fume, Maricela Fares, Brian Ngare, Jenny T. Nguyen, Rajan Patel, Maria G. Rodriguez- Wong, Alex Sanchez, Gerald Schumacher, Michael Stein, Esmeralda Ureno, Lupe Villarreal, Steven C. White, Anthony K. T. Yau all of the city of Orange state of CA each Individuallyif there be morethan one named,its true and lawfulattorney-In-factto make, execute,seal,acknowledgeand deliver,for and on its behalfas surety and as its act and deed,anyand all undertakings,bonds,recognizancesand othersuretyobligations,in pursuance ofthesepresentsandshallbeas bindingupontheCompaniesas if theyhavebeendulysignedbythepresidentandattestedbythesecretaryof theCompaniesin theirownproper persons.
INWITNESSWHEREOF,this Powerof Attorney has been subscribedby an authorizedofficeror officialof the Companiesand the corporateseals of the Companieshave beenaffixed thereto this 20th day of April , 2020 .
LibertyMutual InsuranceCompany
P, \
NSu,
PcjvINst, NSURq
The Ohio Casualty Insurance Company 7;,
A, GORPOR4, ' coGo POR4, 9y `., cp . 4r tic West American Insurance Company D 3 Fo m Q . Fo n p r Fo to
vi
1912
4, ° ; A
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s
b ' r, ' NOIANP
d
By:
ea David M Carey,AssistantSecretary
io State of PENNSYLVANIA cc
a) rn Countyof MONTGOMERY
Ss al
MU On this 20th day of April , 2020 beforemepersonallyappearedDavidM.Carey,whoacknowledgedhimselftobetheAssistantSecretaryof LibertyMutualInsurance rn Company,The Ohio Casualty Company, and West American Insurance Company,and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes W
thereincontainedbysigningonbehalfofthecorporationsbyhimselfasadulyauthorizedofficer IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Kingof Prussia, Pennsylvania, on the day and year first above written c a- c'
2m
fl COMMONWEALTH OF PENNSYLVANIA Q'
O Notarial Seal f" 0 c-
Teresa Pastella, Notary Public
v
0 0
c.-'
Upper Meson Twp., Montgomery County By: y EN My Commission Expires March 28 2021 p CO eresaPastella,Notary Public1)-.'' Member, Pennsylvania Association of Notaries Cl. o tT n Q
t This Power of Attorney is made and executed pursuant toand by authority of the following By-laws and Authonzations of The Ohio Casualty Insurance Company, Liberty Mutual
0. g. Insurance Company,and West American Insurance Companywhich resolutions are now in full force and effect reading as follows: aa) ARTICLE IV- OFFICERS: Section 12. Power of Attorney
o Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the . i 12 v President may prescribe, shall appoint such attorneys- in- fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety > c) anyandallundertakings,bonds,recognizancesandothersuretyobligationsSuchattorneys-in-fact,subjecttothelimitationssetforthintheirrespectivepowersofattorney,shallYN havefullpowertobindtheCorporationbytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealoftheCorporation. Whensoexecuted, suchE evo instruments shall be as bindingas if signed bythe President and attested to bythe Secretary.Anypower or authoritygranted to anyrepresentative or attorney- in- fact under the._ c ZU 9 rY P Y
provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. c 0 ARTICLE XIII- Execution of Contracts: Section 5. Surety Bonds and Undertakings o AnyofficeroftheCompanyauthorizedforthatpurposeinwritingbythechairmanorthepresident,andsubjecttosuchlimitationsasthechairmanorthepresidentmayprescribe, I—.- shall appointsuch attorneys-in-fact, as may be necessaryto act in behalf of the Companyto make, execute, seal, acknowledgeand deliver as surety any and all undertakings, _ bonds,recognizancesand othersurety obligations.Suchattorneys-in-fact subject to the limitationsset forth in their respectivepowersof attorney, shall have full powerto hindthe Companybytheirsignatureandexecutionofanysuchinstrumentsandto attachtheretothesealof theCompanyWhensoexecutedsuchinstrumentsshallbeasbindingasit signedby the presidentand attestedby the secretary.
Certificateof Designation-ThePresidentof theCompany,actingpursuanttotheBylawsoftheCompany,authorizesDavidM.Carey,AssistantSecretarytoappointsuchattorneys-in- factasmaybenecessarytoactonbehalfof theCompanyto make,execute,seal,acknowledgeanddeliverassuretyanyandallundertakings,bonds,recognizancesandothersurety obligations.
Authorization-ByunanimousconsentoftheCompany's BoardofDirectors,theCompanyconsentsthatfacsimileormechanicallyreproducedsignatureofanyassistantsecretaryofthe Company,whereverappearingupona certifiedcopyof anypowerofattorneyissuedbytheCompanyinconnectionwithsuretybonds,shallbevalidandbindingupontheCompanywith the sameforceand effectas though manuallyaffixed.
I, Renee C. Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty InsuranceCompany,LibertyMutual InsuranceCompany, and West Amencan InsuranceCompanydo herebycertifythattheoriginalpowerofattorneyofwhichtheforegoingisa full,trueandcorrectcopyofthePowerofAttorneyexecutedbysaidCompanies,isinfullforceandeffectand has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this )'' day of J L, l t 2C) Pv\ NSURq P0,
1 INSVR vy \NSW?
J obaPoa4r yn hJ c° aPoa4} 9y VPGoµvor4Ttic
2 FO in Q = ' O n O Sri
1912 0 9 1919 1991 0 c `--
y 2 m O d
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4> c} u5. ds
y°,
y1^
MpS da s DIAN Aar
By
Renee C. Llewellyn,AssistantSecretary
LMS- 12873 LMIC OCIC WAIC Multi Co 12/ 19
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
7. cslt .•• riMo. n.. nn :. rY"., f: C?RSt2csftlK?. eK v , Anotarypublicorotherofficercompletingthiscertificateverifiesonlytheidentityoftheindividualwhosignedthe documenttowhichthiscertificateisattached,andnotthetruthfulness,accuracy,orvalidityofthatdocument.
State of California
County of Orange
On 7/ beforeme, AntonioAlvarado,NotaryPublic
Date Here Insert Name and Title of the Officer
personally appeared Jessica Garcia
Name( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to be the person4$ whose name( ei- i are subscribed to thewithininstrumentandacknowledgedtomethatheithey executedthesameinhis a heirauthorized capacity( ioo), end that by hisjiet their signatur - on the instrument the person(ej- or the entity upon behalf ofwhich the person(- acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the Stateof Californiathat the foregoingparagraphis true and correct.
WITNESS my h d official seal.
I
FANoNioa. wnwaCo
rr. NotaryPLb[ - Canrorrna Signaturti
t_ Orange Ca: /
ature of Notary Public
L'
cif1
Comm cp .
i '',MyCommx, ire Nc' 2.20151
iewunosra
Place Notary SealAbove
OPTIONAL
Thoughthissectionis optional, completingthisinformationcandeteralterationof thedocumentor 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: Jessica Garcia Signer' s Name:
Corporate Officer— Title( s):
0 Corporate Officer— Title( s):
Partner— 0 Limited 0 General 0 Partner— 0 Limited 0 General Individual Attorney in Fact 0 Individual 0 AttorneyinFact Trustee 0 Guardian or Conservator 0 Trustee 0 GuardianorConservator Other:
0 Other:
Signer Is Representing: The Ohio Casualty Insurance Signer Is Representing:
Company
K' M. tMw: C >, 4 . c^ t3M^ r+ Srv^- , c^. c v^, clv^,..^, c 3.'^ r,. .. 4: 6csa, c- os-( .,, 4- 4c^ Y`w- 4rti s, acr mt. rsC . c(`. c ksY•',r; l: t 2014NationalNotaryAssociation •www.NationalNotary.org• 1-800-USNOTARY(1-800-876-6827)Item#5907 LMS- 14067 12/ 14
Executed in Triplicate
Pine Ave. Stage 3 Improvements - Van Vliet Premium: Included in Performance Bond No.: 024247173
Contract No.:
2, 0Z $
14. 7.4
Approved:
if 21 2.0 44.
LABOR AND MATERIAL BOND
TRACT MAP NO. 20161
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as" CITY" and CHINO PRESERVE DEVELOPMENT CORPORATION hereinafter designated as PRINCIPAL," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated JULY 21. 2020 and identified as Project No. TRACT MAP NO. 20161 , is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, Principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Chino to secure the claims to which reference is made in Title 15( commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.
NOW, THEREFORE, said Principal and the undersigned, as corporate surety, are held and firmly bound unto the City of Chino, and all contractors, subcontractors, laborers, material, men, and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of TWO MILLION FOURTEEN THOUSAND TWO HUNDRED Dollars ($ 2, 014, 200. 00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 ( commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on July 23, 2020
Chino Preserve Development Corporation The Ohio Casualty Insurance Company
PRINCIPAL SURETY
By:
See Attached By:
4.lThe'
Jesc Garcia, Attom y In Fact
SIGNATURE( S) MUST BE NOTARIZED
Rev. 04/ 2019) Page 1 of 1
Signature Page for Bond #: 024247173
CHINO PRESERVE DEVELOPMENT CORPORATION,
a California corpo ation
a„By:
Name: Br n Goodman
Its: Authoriz Agent
ACKNOWLEDGMENT
A notary public or other officer completingthis
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 San Bernardino
On July 28, 2020 before me, Tanya K. Nesmith, Notary Public insert name and title of the off(:; r)
personally appeared Bryan Goodman
who proved to me on the basis of satisfactoryevidenceto be the person(s) whose name(s) is/are subscribedtothewithininstrumentandacknowledgedto methathe/she/theyexecutedthe samein 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 certifyunderPENALTYOFPERJURYunderthelawsoftheStateof Californiathattheforegoing paragraph is true and correct.
TANYAK. NESMITH
Notary Public- CaliforniaWITNESS my hand and official seal. 3 San Bernardino County
1. 4 Commission r 2254448
MyComm.ExpiresAug 16. 2022
Signature ( id! JC2- ? ( V. 7;rz - Seal)
ThisPowerofAttorneylimitstheadsofthosenamedherein,andtheyhavenoauthorityto r~., bindtheCompanyexceptinthemannerandtotheextenthereinstated.
VoLiberty LibertyMutualInsuranceCompany
P ' Mutual®
The Ohio Casualty Insurance Company Certificate No: 8203482- 000001 West American Insurance Company
SURETY
POWER OF ATTORNEY
KNOWNALLPERSONSBYTHESEPRESENTS:ThatTheOhioCasualtyInsuranceCompanyisacorporationdulyorganizedunderthelawsoftheStateofNewHampshire,that LibertyMutualInsuranceCompanyisacorporationdulyorganizedunderthelawsoftheStateofMassachusetts,andWestAmericanInsuranceCompanyisacorporationdulyorganizedunderthelawsoftheStateofIndiana(hereincollectivelycalledthe"Companies"),pursuanttoandbyauthorityhereinsetforth,doesherebyname,constituteandappoint, MariaIAtkaRAguinaldo,AntonioAlvarado,BrettD.Asmus,VictorA.Ballesteros,DebraBell,JaneF. Block,ShirleyA.Campi,JorgeCorrea,MichaelJ.FormanIessicaGarcia, SandraGaytan,BeckyGomez,VuHo,JimHume,MaricelaLares,BrianNgare,Jenny'F.Nguyen,RajanPatel,MariaG.Rodriguez-Wong,AlexSanchez,Gerald Schumacher,MichaelStein,EsmeraldaUreno,LupeVillarreal,StevenC.White,AnthonyK.T. Yau all of the city of Orange state of CA eachindividuallyiftherebemorethanonenamed,itstrueandlawfulattorney-in-facttomake, execute,seal,acknowledgeanddeliver,forandonitsbehalfassuretyandasitsactanddeed,anyandallundertakings,bonds,recognizancesandothersuretyobligations,inpursuance ofthesepresentsandshallbeasbindingupontheCompaniesasiftheyhavebeendulysignedbythepresidentandattestedbythesecretaryoftheCompaniesintheirownproper persons.
INWITNESSWHEREOF,thisPowerofAttorneyhasbeensubscribedbyanauthorizedofficerorofficialoftheCompaniesandthecorporatesealsoftheCompanieshavebeenaffixed thereto this 20th day of April , 2020
LibertyMutualInsuranceCompany
v iNsuq v- sv INsU,p d \ HStJ The Ohio CasualtyInsuranceCompany Jp ° aPeR4lqc+ JPGoavoa4} 9y ciQcOaPOR4}F
1, West American Insurance Company as13
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1912 0 - 1919 14 1991 0 v
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0 NAM? S ,
art ' s NOIANP dD
r/ G n
ro David M Carey,AssistantSecretary
co State of PENNSYLVANIA
c
ti
CZ
ar , County of MONTGOMERY
SS
cO
4U.. On this 20th day of April , 2020 before me personally appeared David M Carey,who acknowledged himself to be the Assistant Secretary of LibertyMutual Insurance_ F__ TsCompany,TheOhioCasualtyCompany,andWestAmericanInsuranceCompany,andthathe,assuch,beingauthorizedsotodo,executetheforegoinginstrumentforthepurposesTo'(/) therein contained by signing on behalf of the corporations by himself as a duly authorized officer. y ii
0 w
p INWITNESSWHEREOF,IhavehereuntosubscribedmynameandaffixedmynotarialsealatKingofPrussia,Pennsylvania,onthedayandyearfirstabovewritten. oa CO• N COMMONWEALTH OF PENNSYLVANIA
a O
Notarial Seal O
Teresa Pastella, NotaryPublic
ro
O' Upper Meson rwp., Montg mery County By: ,
Qa / d,t116J E
c t17 My Commission Expires March 28, 2021 0 ro
Q)
TeresaPastella,NotaryPublic
iU (
A
Member, Pennsylvania Association of Notaries
N
0 v
CD
ro ` di
a? This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authonzations of The Ohio Casualty Insurance Company, Liberty Mutual 4--
0,
S Insurance Company,and West American Insurance Companywhich resolutions are now in full force and effect reading as follows:
a a)
ARTICLE IV- OFFICERS: Section 12. Power of Attorney p o/ o to_ AnyofficerorotherofficialoftheCorporationauthonzedforthatpurposeinwritingbytheChairmanorthePresident, andsubjecttosuchlimitationastheChairmanorthem_0 Presidentmayprescribe,shallappointsuchattorneys-in-fact,asmaybenecessarytoactinbehalfoftheCorporationtomake,execute,seal,acknowledgeanddeliverassurety >,. anyandallundertakings,bonds,recognizancesandothersuretyobligations.Suchattorneys-in-fact,subjecttothelimitationssetforthintheirrespectivepowersofattorney,shall o• ; havefullpowertobindtheCorporationbytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealoftheCorporation. Whensoexecuted,suchEcv Z v instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney- in- fact under the co provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority o t.j U r
ARTICLEXIII- ExecutionofContracts:Section5.SuretyBondsandUndertakings AnyofficeroftheCompanyauthorizedforthatpurposeinwritingbythechairmanorthepresident,andsubjecttosuchlimitationsasthechairmanorthepresidentmayprescribe, — shallappointsuchattorneys-in-fact,asmaybenecessarytoactinbehalfoftheCompanytomake,execute,seal,acknowledgeanddeliverassuretyanyandallundertakings, bonds,recognizancesandothersuretyobligations.Suchattorneys-in-factsubjecttothelimitationssetforthintheirrespectivepowersofattorney,shallhavefullpowertobindthe CompanybytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealoftheCompanyWhensoexecutedsuchinstrumentsshallbeasbindingasif signedbythepresidentandattestedbythesecretary.
CertificateofDesignation-ThePresidentoftheCompany,actingpursuanttotheBylawsoftheCompany,authorizesDavidM.Carey,AssistantSecretarytoappointsuchattorneys-in- factasmaybenecessarytoactonbehalfoftheCompanytomake,execute,seal,acknowledgeanddeliverassuretyanyandallundertakings,bonds,recognizancesandothersurety obligations.
Authorization-ByunanimousconsentoftheCompany'sBoardofDirectors,theCompanyconsentsthatfacsimileormechanicallyreproducedsignatureofanyassistantsecretaryofthe Company,whereverappearinguponacertifiedcopyofanypowerofattorneyissuedbytheCompanyinconnectionwithsuretybonds,shallbevalidandbindingupontheCompanywith thesameforce and effectas thoughmanuallyaffixed.
I, ReneeCLlewellyn,theundersigned,AssistantSecretary,TheOhioCasualtyInsuranceCompany,LibertyMutualInsuranceCompany,andWestAmericanInsuranceCompanydo herebycertifythattheoriginalpowerofattorneyofwhichtheforegoingisafull,trueandcorrectcopyofthePowerofAttomeyexecutedbysaidCompanies,isinfullforceandeffectand has not been revoked_
r` '
1 l
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this ti
day of I- r L,)
4J
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1912 0 0 1919 < * 1991
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9s , y3 i ' o-&
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y*, By:
dam, S4CHU,: Ab , CAMp5a, dad
N'
S NoiANP da Renee C. Llewellyn,AssistantSecretary9j> * t,x4 ill * 0 d t.1 * lei LMS- 12873 LMIC OCIC WAIC Multi Co_ 12/ 19
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL 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
County of Orange
On 7/?" 77/x Lr7-0 beforeme, AntonioAlvarado,NotaryPublic Date Here Insert Name and Title of the Officer
personally appeared JessicaGarcia
Name( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to be the person4. 0 whose names / are subscribed to the within instrument and acknowledged to me that he/ they executed the same in his/mil'/their authorized capacity( ies), and that by his/ their signatures} on the instrument the person( , or the entity upon behalf of which the person( e) 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 seal.
ANTONIOALVAZADO
NotaryPublic— California Signature
Orange Countyn ature of Notary Publicz
Commission a 2221808
My Comm.ExpiresNov 12 2021
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: Jessica Garcia Signer' s Name:
Corporate Officer— Title( s):
J Corporate Officer— Title( s):
El Partner— Limited General L Partner— El Limited n General LI Individual Attorney in Fact n Individual n Attorney in Fact Trustee n Guardian or Conservator Trustee Guardian or Conservator 111Other: 0 Other:
Signer Is Representing: TyNt
C1
Cow L jvts 1-{ Signer Is Representing:
Wi. dALt C CuvI
2014 National Notary Association • www. NationalNotary. org• 1- 800- US NOTARY( 1- 800- 876- 6827) Item# 5907 LMS- 14067 12/ 14
Executed in Triplicate
Pine Ave. Stage 3 Improvements - Van Vliet Premium: Included in Performance Bond No.: 024247173
Contract No.:
Approved:
2 Q Z 1 - 014
1121120 gi#9
WARRANTY BOND
TRACT MAP NO. 20161
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as CITY" and CHINO PRESERVE DEVELOPMENT CORPORATION hereinafter designated as PRINCIPAL," haveenteredintoan agreementwherebyPrincipalhasagreedto warrantandguarantee the installation, completion, and maintenance of certain designated public improvements, which said agreement, dated JULY 21, 2020 and identified as Project No. TM 20161 , is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the warranty of said improvements.
NOW, THEREFORE, we, the Principal, and The Ohio Casualty Insurance Company , as surety, are held and firmly bound unto the City of Chino in the penal sum of FOUR HUNDRED TWO THOUSAND EIGHT HUNDRED FORTY Dollars $ 402, 840. 00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, suc cessors, executors, and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bound 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, and provisions in said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a 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 attorneys' fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its 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, this instrument has been duly executed by Principal and Surety above named, on August 24, 2020
Chino Preserve Development Corporation The Ohio Casualty Insurance Company
PRINCIPAL SURETY
By: See Attached By: l
Jessic G cia, Attorney In Fact
SIGNATURE( S) MUST BE NOTARIZED
Rev. 04/ 2019) Page 1 of 1
Signature Page for Warranty Bond #: 024247173
CHINO PRESERVE DEVELOPMENT CORPORATION,
a California corpor tion
Name: B an Goodman
Its: Author' d Agent
ThisPowerofAttorneylimitstheactsofthosenamedherein,andtheyhavenoauthoritytosr bind the Company except in the manner and to the extent herein stated.
Liberty Liberty Mutual Insurance Company
P $ Mutual The Ohio Casualty Insurance Company Certificate No: 8203373- 000001 West American Insurance CompanySURETY
POWER OF ATTORNEY
KNOWNALLPERSONSBYTHESEPRESENTS:ThatTheOhioCasualtyInsuranceCompanyisacorporationdulyorganizedunderthelawsoftheStateofNewHampshire,that LibertyMutualInsuranceCompanyisacorporationdulyorganizedunderthelawsoftheStateofMassachusetts,andWestAmericanInsuranceCompanyisacorporationdulyorganized underthelawsoftheStateofIndiana(hereincollectivelycalledthe"Companies"),pursuanttoandbyauthorityhereinsetforth,doesherebyname,constituteandappoint, Antonio Alvarado,BrettD.Asmus,VictorA.Balesteros,DebraBell,JaneF.Block,ShirleyA.C'ampi,JorgeCorrea,MichaelJ.Forman,JessicaGarcia,Sandra(iaytan,Becky Gomez,VuHo,JimHume,MaricelaPares,BrianNgare,JennyT.Nguyen,RajanPatel,MariaG.Rodriguez-Wong,AlexSanchez,GeraldSchumacher,MichaelStein, Esnleralda Oreno, Lupe Villarreal, Steven C. White, Anthony K. T. Yau all of the city of Orange state of A eachindividuallyiftherebemorethanonenamed,itstrueandlawfulattorney-in-facttomake, execute,seal,acknowledgeanddeliver,forandonitsbehalfassuretyandasitsactanddeed,anyandallundertakings,bonds,recognizancesandothersuretyobligations,inpursuance ofthesepresentsandshallbeasbindingupontheCompaniesasiftheyhavebeendulysignedbythepresidentandattestedbythesecretaryoftheCompaniesintheirownproper persons.
INWITNESSWHEREOF,thisPowerofAttorneyhasbeensubscribedbyanauthorizedofficerorofficialoftheCompaniesandthecorporatesealsoftheCompanieshavebeenaffixed thereto this 26th day of March , 2020 .
LibertyMutualInsuranceCompany
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On this 26th day of March , 2020 before me personally appeared David M. Carey,who acknowledged himself to be the Assistant Secretaryof Liberty Mutual Insurance o
io Company,TheOhioCasualtyCompany,andWestAmericanInsuranceCompany,andthathe,assuch, beingauthorizedsotodo,executetheforegoinginstrumentforthepurposes NCO
therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
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WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Kingof Prussia, Pennsylvania, on the day and year first above written. c sn o
o COMMONWEALTH OF PENNSYLVANIA Q V'
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Teresa PaStella, Notary Public 0 ( ti
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ThisPowerofAttorneyismadeandexecutedpursuanttoandbyauthorityofthefollowingBy-lawsandAuthorizationsofTheOhioCasualtyInsuranceCompany, LibertyMutual
9. Insurance Company,and West American Insurance Companywhich resolutions are now in full force and effect reading as follows:
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ARTICLEIV- OFFICERS:Section12.PowerofAttorney.
o 2 Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the ru. 0 o
v President may prescribe, shall appoint such attorneys- in- fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety > 0 anyandallundertakings,bonds,recognizancesandothersuretyobligations.Suchattorneys-in-fact,subjecttothelimitationssetforthintheirrespectivepowersofattorney,shall .c CV IS ;_
have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such E
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Z v instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney- in- fact under the 2 provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. o 0 ARTICLE XIII- Execution of Contracts: Section 5. SuretyBonds and Undertakings.
U
AnyofficeroftheCompanyauthorizedforthatpurposeinwritingbythechairmanorthepresident,andsubjecttosuchlimitationsasthechairmanorthepresidentmayprescribe, (—''- shallappointsuchattorneys-in-fact,asmaybenecessarytoactinbehalfoftheCompanytomake,execute,seal,acknowledgeanddeliverassuretyanyandallundertakings, bonds,recognizancesandothersuretyobligations.Suchattorneys-in-factsubjecttothelimitationssetforthintheirrespectivepowersofattorney,shallhavefullpowertobindthe CompanybytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealoftheCompany.Whensoexecutedsuchinstrumentsshallbeasbindingasif signedbythepresidentandattestedbythesecretary.
CertificateofDesignation-ThePresidentoftheCompany,actingpursuanttotheBylawsoftheCompany,authorizesDavidM.Carey,AssistantSecretarytoappointsuchattorneys-in- factasmaybenecessarytoactonbehalfoftheCompanytomake,execute,seal,acknowledgeanddeliverassuretyanyandallundertakings,bonds,recognizancesandothersurety obligations.
Authorization-ByunanimousconsentoftheCompany'sBoardofDirectors,theCompanyconsentsthatfacsimileormechanicallyreproducedsignatureofanyassistantsecretaryofthe Company,whereverappearinguponacertifiedcopyofanypowerofattorneyissuedbytheCompanyinconnectionwithsuretybonds,shallbevalidandbindingupontheCompanywith the sameforceand effectas thoughmanuallyaffixed.
I,ReneeC.Llewellyn,theundersigned,AssistantSecretary,TheOhioCasualtyInsuranceCompany,LibertyMutualInsuranceCompany,andWestAmericanInsuranceCompanydo herebycertifythattheoriginalpowerofattorneyofwhichtheforegoingisa full,trueandcorrectcopyofthePowerofAttorneyexecutedbysaidCompanies,is infullforceandeffectand has not been revoked.
11,IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this ' day of A115(,V , r-0
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LMS- 12873 LMIC OCIC WAIC Multi Co 12/ 19
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notarypublicor otherofficercompletingthiscertificateverifiesonlytheidentityof the individualwhosignedthe documentto whichthiscertificateis attached,andnot thetruthfulness,accuracy,or validityof thatdocument.
State of California
County of Orange
On 0- Q V- G7t .) before me, L 0' I 0" fQ! kt, 5.G Notary Public
Date Here Insert Name and Title of the Officer
personally appeared JessicaTinoco Garcia
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 is true GLORIAM. BARKOSKI
and correct.
COMM.# 2219653 z WITNESS my hand and official seal.
4o' NOTARYPUBLIC-CALIFORNIA
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ORANGE COUNTY
MyComm.ExpiresNov.20,2021
Signature, eL. / 0- c-<--._._ W .. v r7Z.
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: Jessica Garcia Signer' s Name:
Corporate Officer— Title( s): n Corporate Officer— Title( s):
Partner— 0 Limited 0 General Partner— Limited 0 General I I Individual Attorney in Fact Individual Attorney in Fact E Trustee 7 Guardian or Conservator 7 Trustee Guardian or Conservator 0 Other: Other:
Signer Is Representing: The Ohio Casualty Insurance Signer Is Representing:
Company
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2014 National Notary Association• www. NationalNotary. org• 1-800- US NOTARY( 1-800- 876- 6827) Item# 5907 LMS- 14067 12/ 14
ACKNOWLEDGMENT
A notary public or other officer completingthis
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 San Bernardino
On August 26, 2020 before me, Tanya K. Nesmith, Notary Public insert name and title of the officer)
personally appeared Bryan Goodman
who provedto me on the basis of satisfactoryevidenceto be the person(s) whose name(s) is/are subscribedto the within instrumentand acknowledgedto me that he/she/they executedthe 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 certifyunderPENALTYOF PERJURYunderthelawsoftheStateof Californiathattheforegoing paragraph is true and correct.
TANYA K. NESMITH
WITNESS my hand and official seal. Notary Public- California e_-+ . - i San Bernardino County
J Commission# 2254448
My Comm. Exp- es Aug 16, 2022
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Signature ( Seal)
Executed in Triplicate
In- Tract Van Vliet & Pine Ave. Stage 2 Premium: $ 27, 446. 00 Bond No.: 024247170
Contract No.: 2 D2 I - O7 e}
AApproveed: ' 1 21I O #. q
FAITHFUL PERFORMANCE BOND
TRACT MAP NO. 20161
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as" CITY" and Chino Preserve Development Corporation hereinafter designated as PRINCIPAL," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated July 21, 2020 and identified as Project No. Tract Map No. 20161 is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the Principal and The Ohio Casualty Insurance Company as surety, are held and firmly bound unto the City of Chino in the penal sum of Six Million Eight Hundred Sixty- One Thousand Five Hundred Dollars ($ 6, 861, 500. 00 lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above- bound 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, and provisions in said agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents, and employees, as therein stipulated, 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 attorneys' fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its 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, this instrument has been duly executed by Principal and Surety above named, on July 23, 2020
Chino Preserve Development Corporation The Ohio Casualty Insurance Compaq __
PRINCIPAL SURETY
By: See Attached By: t . Y LA,A
Jessic‘ Garcia, Attorney In Fact
SIGNATURES MUST BE NOTARIZED
Rev. 04/ 2019) Page 1 Of 1
Signature Page for Bond #: 024247170
CHINO PRESERVE DEVELOPMENT CORPORATION,
a California cor orat. n
By:
Name: ryan Goodman
Its: Auth ' zed Agent
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 San Bernardino
On July 28, 2020 bofr; re rrre, Tanya K. Nesmith, Notary Public insert name and title of the officer)
personally appeared Bryan Goodman
who provedto me on the basis of satisfactoryevidenceto be the person(s) whose name(s) is/are subscribedto the within instrument and acknowledgedto 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 certifyunderPENALTYOF PERJURYunderthe lawsoftheStateof Californiathattheforegoing paragraph is true and correct.
WITNESS my hand and official seal. TANYA K. NESMITH Notary Public- California
e. < San Bernardino County
2 Commission x 2254448
My Comm,ExpiresAug 16, 2022
Signature /'' 11'' C, t / ''} (% Seal)
ThisPowerof Attorneylimitstheactsof thosenamedherein,andtheyhaveno authoritytoow bind the Company except in the manner and to the extent herein stated. lV.k, Liberty Liberty Mutual Insurance Company
All' Mutual. The Ohio Casualty Insurance Company Certificate No: 8203482- 000001 West American Insurance CompanySURETY
POWER OF ATTORNEY
KNOWNALLPERSONSBYTHESEPRESENTS:ThatTheOhioCasualtyInsuranceCompanyisacorporationdulyorganizedunderthelawsoftheStateofNewHampshire, that LibertyMutualInsuranceCompanyisacorporationdulyorganizedunderthelawsoftheStateofMassachusetts,andWestAmericanInsuranceCompanyisacorporationdulyorganized underthelawsoftheStateofIndiana(hereincollectivelycalledthe"Companies"),pursuanttoandbyauthontyhereinsetforth,doesherebyname,constituteandappoint, MariaLuisa
12.Aguinaldo,AntonioAlvarado,BrettD. Asmus,Victor A. Ballesteros,DebraBell, JaneI . Block,Shirley A. Campi,JorgeCorrea,MichaelJ. Forman,JessicaGarcia, Sandra Gaytan, Becky Gomez, Vu Ho, Jim I MaricelaI ares,BrianNgare,Jenny'F.Nguyen,RajanPatel,Maria G. Rodriguez-Wong,Alex Sanchez,Gerald Schumacher,MichaelStein,EsmeraldaUreno,LupeVillarreal, StevenC. White,AnthonyK.T. Van all of the city of Orange state of CA eachindividuallyiftherebemorethanonenamed,itstrueandlawfulattorney-in-facttomake, execute,seal,acknowledgeanddeliver,forandonitsbehalfassuretyandasitsactanddeed,anyandallundertakings,bonds,recognizancesandothersuretyobligations,inpursuance ofthesepresentsandshallbeasbindingupontheCompaniesasiftheyhavebeendulysignedbythepresidentandattestedbythesecretaryoftheCompaniesintheirownproper persons.
INWITNESSWHEREOF,this Powerof Attorney has beensubscribedby an authonzedofficer or officialof the Companiesand the corporateseals of the Companieshave beenaffixed thereto this 20th day of April , 2020
LibertyMutual InsuranceCompany
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On this 20th day of April , 2020 before me personally appeared David M. Carey,who acknowledged himself to be the Assistant Secretaryof Liberty Mutual Insurance_ Fo- al Company,TheOhioCasualtyCompany,andWestAmericanInsuranceCompany,andthathe,assuch,beingauthorizedsotodo,executetheforegoinginstrumentforthepurposes (--76U) mtherein
contained by signing on behalf of the corporations by himself as a duly authorized officer U
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written c n c•- o
0 ,- COMMONWEALTH OF PENNSYLVANIA V
a Notarial Seal O`0
O N Teresa Pastella, Notary Public
4....4140 tdCUpper Menon Twp., Montgomery County By;
OEMy Commission Expires March 28, 2021
cress Pastella,NotaryPublic
Member. Pennsylvania Association of Notaries Q-
t,;; ThusPowerof Attorneyis madeandexecutedpursuantto andby authorityof thefollowingBy-lawsandAuthorizationsof TheOhioCasualtyInsuranceCompany, LibertyMutual
0. 0 Insurance Company,and West American Insurance Companywhich resolutions are now in full force and effect reading as follows. O iroa> 8 toARTICLE
IV- OFFICERS: Section 12. Power of Attorney. a
Any officer or other official of the Corporation authonzed for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the. m_ o 23 U President may prescribe, shall appoint such attorneys- in- fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety > 0 ti
C
anyandallundertakings,bonds,recognizancesandothersuretyobligationsSuchattorneys-in-fact,subjecttothelimitationssetforthintheirrespectivepowersofattorney,shall,C o ' 5- havefullpowertobindtheCorporationbytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealoftheCorporationWhensoexecuted, suchE tj z v instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney- in- fact under the 2 provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authonty cc0 ARTICLE XIII- Execution of Contracts: Section 5 Surety Bonds and Undertakings o(
9 AnyofficeroftheCompanyauthorizedforthatpurposeinwritingbythechairmanorthepresident,andsubjecttosuchlimitationsasthechairmanorthepresidentmayprescribe, H n- shall appointsuch attorneys-in-fact, as may be necessaryto act in behalf of the Companyto make, execute, seal, acknowledgeand deliver as surety any and all undertakings, bonds,recognizancesandothersuretyobligations.Suchattorneys-in-factsubjecttothelimitationssetforthintheirrespectivepowersof attorney,shallhavefullpowerto bindthe Companybytheirsignatureandexecutionofanysuchinstrumentsandto attachtheretothesealof theCompany.Whensoexecutedsuchinstrumentsshallbeasbindingasif signedby the presidentand attestedby the secretary
Certificateof Designation-ThePresidentoftheCompany,actingpursuanttotheBylawsoftheCompany,authorizesDavidM.Carey,AssistantSecretarytoappointsuchattorneys-in- fact as may be necessaryto act on behalf of the Companyto make,execute,seal, acknowledgeand deliver as surety any and all undertakings,bonds, recognizancesand other surety obligations
Authorization--ByunanimousconsentoftheCompany's BoardofDirectors,theCompanyconsentsthatfacsimileormechanicallyreproducedsignatureofanyassistantsecretaryofthe Company,whereverappearingupona certifiedcopyof anypowerofattorneyissuedbytheCompanyinconnectionwithsuretybonds,shallbevalidandbindingupontheCompanywith the sameforceand effectas thoughmanuallyaffixed.
I, ReneeC Llewellyn,theundersigned,AssistantSecretary,TheOhioCasualtyInsuranceCompany,LibertyMutualInsuranceCompany,andWestAmericanInsuranceCompanydo herebycertifythat the originalpowerof attorney of which the foregoingis a full, true and correctcopy of the Powerof Attorneyexecuted by said Companies,is in full force and effectand has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this .! ' day of j V vU'? C) Pc INSUR,9 P,,-
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Renee C. Llewellyn, Assistant Secrets6%7 * * yl * t• dM * t,N Y Secretary LMS- 12873 LMIC OCIC WAIC Multi Co_ 12/ 19
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 c, .^ yf s{% ti. r.- x' i'.. 6 „.-- S:,:. % tie n..< ii , 4<` n'. f.. tit`, c< x.;<\:, ;"'- ti., C s-. :-/:.,-. xx..: rti/-,-. ti‹:',;:' ci ., c ."}'. ti:',,: xx-- x; c...
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 ' / 03 GI j before me, Antonio Alvarado, Notary Public Date Here Insert Name and Title of the Officer
personally appeared Jessica Garcia
Name( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to be the persoq(.s4 whose name(ecreare subscribed to the within instrument and acknowledged to me that he i Y'they executed the same in hiss their authorized capacity( iee.)- and that by his( / their signatures}- en the instrument the person 4, or the entity upon behalf of which the persorr(sracted, 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 h and i eal.-`'.
i
I
4,,";!.:) ANTONIOALVARADO SignaturNotaryPubh; Cahforma
r Fr -•' Orange C Lrr, ature of Notary Public
i
u', comm,,,, on4« 21608
MyComm.=xplre, Nr.-;±2. 2071
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: Jessica Garcia Signer' s Name:
Corporate Officer— Title( s): Corporate Officer— Title( s):
Partner— Limited General 0 Partner— E Limited El General LI Individual Attorney in Fact El Individual El Attorneyin Fact C Trustee 0 Guardian or Conservator 1Trustee Guardian or Conservator Other: Other:
Signer Is Representing: - 1-y.-‘ C \I) Signer Is Representing:
CC6 V Ci V` N.
SOliA Q ( C,tiTI- 0
2014 National Notary Association • www. NationalNotary. org • 1-800- US NOTARY( 1-800- 876-6827) Item# 5907 LMS- 14067 12/ 14
Executed in Triplicate
in- Tract Van Vliet & Pine Ave. Stage 2 Premium: Included in Performance Bond No.: 024247170
Contract No.: . o 21 - 014
Approved: 112. 1 I ZO e_______
LABOR AND MATERIAL BOND
TRACT MAP NO. 20161
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as" CITY" and Chino Preserve Development Corporation hereinafter designated as PRINCIPAL,"have entered into an agreement whereby Principalagrees to install and complete certain designated public improvements, which said agreement, dated July 21. 2020 and identified as Project No. Tract Map No. 20161 is hereby referred to and made a part hereof; and WHEREAS,underthetermsofsaidagreement, Principalisrequired, beforeenteringupontheperformance of the work, to file a good and sufficient paymentbond with the City of Chino to secure the claims to which reference is made in Title 15( commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.
NOW, THEREFORE, said Principalandthe undersigned, as corporatesurety, are heldandfirmlybound unto the City of Chino, and all contractors, subcontractors, laborers, material, men, and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Three Million Four Hundred Thirty Thousand Eight Hundred Dollars ($ 3, 430, 800. 00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respectto such work or labor, that said suretywill paythe same in an amount not exceedingthe amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonableexpensesand fees, including reasonableattorneys'fees, incurred by City in successfullyenforcing such obligation,to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanyingthe same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on July 23, 2020
Chino Preserve Development Corporation The Ohio Casualty Insurance Company _
PRINCIPAL SURETY
By:
See Attached
By
Jess. a arcia, A orney In act
SIGNATURE( S) MUST BE NOTARIZED
Rev 04/ 2019) Page 1 of 1
Signature Page for Bond #: 024247170
CHINO PRESERVE DEVELOPMENT CORPORATION,
a California corpor do
By:
Name: B an Goodman
Its: Authori d Agent
ACKNOWLEDGMENT
A notary public or other officer completingthis
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 San Bernardino
On July 28, 2020 before me, Tanya K. Nesmith, Notary Public insert name and title of tl-rc officer)
personally appeared Bryan Goodman
who proved to me on the basis of satisfactoryevidenceto be the person(s) whose name(s) is/are subscribedto the w i_r';in instrumentand acknowledgedto 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 PENALTYOF PERJURY underthe laws of the State of California that the foregoing paragraph is true and correct.
TA: K. NESMITH
WITNESS my hand and official seal. Notary Public- California Irtib San Bernardino County
Commission# 2254448
My Comm. ExpiresAug 16, 2022
Signature (///, Y 4 y2?%'.<7 Seal)
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 1" r, 1er1' 1i<• i'. -. ti x- x ,-, c- h. S 9., A .<' ry.-,: x" u- 1l, ir 1. :,,: 4C, c,-,: x. 1;( x- 0, 2' r1. C/ v. ,:,,. 1,\- 3,-. y^
t,—;,—.
i.1: M"{% v1 M Mr:-, c,.
A notarypublicor other officercompletingthis certificateverifiesonly the identityof the individualwho signedthe documenttowhichthiscertificateis attached,andnotthe truthfulness,accuracy,or validityof that document.
State of California
County of Orange
On I, i 0 beforeme, AntonioAlvarado,NotaryPublic
Date Here Insert Name and Title of the Officer
personally appeared Jessica Garcia
Name( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to the person( 44-whose namo(. s.) re subscribed to the within instrument and acknowledged to me that he/ 4hey executed the same in hi e heir authorized capacity{ iee - and that by his their signature{.s} on the instrumentthe person(s3,..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 - d and o i. - a.
i
ANTONIOALVARADO
NotaryPub! c- Caifornia Signa , - i t& i Ay1 h-• Orange County Mr'. - . f Notary Publiclti Co m< ionr 2221608 L
My Comm txpves Ncv? 2 202'
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: Jessica Garcia Signer' s Name:
U Corporate Officer— Title( s): Corporate Officer— Title( s):
n Partner— n Limited General E Partner— Limited General 0 Individual Attorney in Fact E Individual El Attorneyin Fact Trustee E Guardian or Conservator 7 Trustee Guardian or Conservator n Other: H Other:
Si ner Is Representing: - Tv > C,,, yk.U„ Signer Is Representing:
AJVe,
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2014 National Notary Association • www. NationalNotary. org • 1-800- US NOTARY( 1-800- 876- 6827) Item# 5907 LMS- 14067 12/ 14
ThisPowerofAttorneylimitstheactsofthosenamedherein,andtheyhavenoauthorityto bindtheCompanyexceptin themannerandtotheextenthereinstated. ll.*-
Liberty Liberty Mutual Insurance Company
Mutual The Ohio Casualty Insurance Company Certificate No 8203482- 000001 West American Insurance CompanySURETY
POWER OF ATTORNEY
KNOWNALLPERSONSBYTHESEPRESENTS:ThatTheOhioCasualtyInsuranceCompanyisacorporationdulyorganizedunderthelawsoftheStateofNewHampshire, that LibertyMutualInsuranceCompanyisacorporationdulyorganizedunderthelawsoftheStateofMassachusetts,andWestAmericanInsuranceCompanyisacorporationdulyorganized underthelawsoftheStateofIndiana(hereincollectivelycalledthe"Companies"),pursuanttoandbyauthorityhereinsetforth,doesherebyname,constituteandappoint, MariaI.visa R.Aguinaldo,AntonioAlvarado,BrettD.Asmus,VictorA. Ballesteros,DebraBell,Janek..Block,ShirleyA. Campi,JorgeCorrea,MichaelJ.FormanJessicaGarcia, SandraGaytan,BeckyGomez,VuHo,JimHume,MaricelaLares,BrianNgare,Jenny'I'.Nguyen,RajanPatel,MariaG.Rodriguez:Wong,AlexSanchez,Gerald Schumacher,Michael Stein,EsmeraldaUreno,Lupe Villarreal, StevenC. White,AnthonyK.T. Yau all of the city of Orange state of CA eachindividuallyiftherebemorethanonenamed,itstrueandlawfulattorney-in-facttomake, execute,seal,acknowledgeanddeliver,forandonitsbehalfassuretyandasitsactanddeed,anyandallundertakings,bonds,recognizancesandothersuretyobligations,inpursuance ofthesepresentsandshallbeasbindingupontheCompaniesasiftheyhavebeendulysignedbythepresidentandattestedbythesecretaryoftheCompaniesintheirownproper persons.
INWITNESSWHEREOF,thisPowerofAttorneyhasbeensubscribedbyanauthorizedofficerorofficialoftheCompaniesandthecorporatesealsoftheCompanieshavebeenaffixed thereto this 20th day of April , 2020 .
LibertyMutualInsuranceCompany
P %NSURq P,
Al INS& a 1NSU,
pq TheOhioCasualtyInsuranceCompany
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State of PENNSYLVANIA
SS
DavidM Carey,AssistantSecretary
au aCountyof MONTGOMERY co
c
On this 20th dayof April , 2020 before me personallyappeared David M. Carey,who acknowledged himself to be the Assistant Secretaryof LibertyMutual Insurance o
PPe 9 t—
eoCompany,TheOhioCasualtyCompany,andWestAmericanInsuranceCompany,andthathe,assuch,beingauthorizedsotodo,executetheforegoinginstrumentforthepurposes (./) mtherein
contained by signing on behalf of the corporations by himself as a duly authonzed officer 0W
IN WITNESS WHEREOF-Tr I have hereunto subscribed my name and affixed my notarial seal at Kingof Prussia, Pennsylvania, on the day and year first above written. ccl
c N o r,
O COMMONWEALTH OF PENNSYLVANIA V
O
r
ct O Notarial Seal O C
Teresa Pastella Notary Public y(-/-
0 E
tipper Merlon Twp Montgomery County By; 14- 06 / Z (, m
My Commission Expires March za, 2021
eresa Pastella, NotaryPublic 0 CO
Member, Pennsylvania Association of Notaries a, C)
t a; ThisPowerofAttorneyismadeandexecutedpursuanttoandbyauthorityofthefollowingBy-lawsandAuthorizationsofTheOhioCasualtyInsuranceCompany, LibertyMutual O.- q Insurance Company,and West Amencan Insurance Companywhich resolutions are now in full force and effect reading as follows_ o a)? ARTICLEIV— OFFICERS:Section12.PowerofAttorney.
ao Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the To_0 T2 e President may prescribe, shall appoint such attorneys- in- fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety >, Qcr any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys- in- fact, subject to the limitations set forth in their respective powers of attorney, shall a\o
1=
havefullpowertobindtheCorporationbytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealoftheCorporation. Whensoexecuted, suchEry2 o instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney- in- fact under the ogo
provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. o, ARTICLE XIII— Execution of Contracts: Section 5, Surety Bonds and Undertakings o
AnyofficeroftheCompanyauthorizedforthatpurposeinwritingbythechairmanorthepresident,andsubjecttosuchlimitationsasthechairmanorthepresidentmayprescribe, I— shallappointsuchattorneys-in-fact,as maybe necessaryto actin behalfof theCompanyto make,execute,seal,acknowledgeanddeliveras suretyanyandall undertakings, bonds,recognizancesandothersuretyobligations.Suchattorneys-in-factsubjecttothelimitationssetforthintheirrespectivepowersofattorney,shallhavefullpowertobindthe Companybytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealof theCompany.Whenso executedsuchinstrumentsshallbeasbindingasif signedby the presidentand attestedby the secretary.
Certificateof Designation—ThePresidentoftheCompany,actingpursuanttotheBylawsoftheCompany,authorizesDavidM Carey,AssistantSecretarytoappointsuchattorneys-in- factasmaybenecessarytoactonbehalfoftheCompanytomake,execute,seal,acknowledgeanddeliverassuretyanyandallundertakings,bonds,recognizancesandothersurety obligations.
Authorization--ByunanimousconsentoftheCompany's BoardofDirectors,theCompanyconsentsthatfacsimileormechanicallyreproducedsignatureofanyassistantsecretaryofthe Company,whereverappearinguponacertifiedcopyofanypowerofattorneyissuedbytheCompanyinconnectionwithsuretybonds,shallbevalidandbindingupontheCompanywith the sameforce andeffectas thoughmanuallyaffixed
I,ReneeC Llewellyn,theundersigned,AssistantSecretary,TheOhioCasualtyInsuranceCompany,LibertyMutualInsuranceCompany,andWestAmericanInsuranceCompanydo herebycertifythattheoriginalpowerofattorneyofwhichtheforegoingisa full,trueandcorrectcopyofthePowerofAttorneyexecutedbysaidCompanies,is infullforceandeffectand has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this /.,,,-? r` dayof i )\ J\
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ReneeC. Llewellyn,Assistant Secretary1 * t- M * t,
LMS- 12873 LMIC OCIC WAIC Multi Co 12/ 19
Executed in Triplicate
In- Tract Van Vliet & Pine Ave. Stage 2 Premium: Included in Performance Bond No.: 024247170
Contract No.: 202. 14
Approved: - 1 f 2. 1 20 4 q
WARRANTY BOND
TRACT MAP NO. 20161
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as CITY" and Chino Preserve Development Corporation hereinafter designated as PRINCIPAL," have entered into an agreement whereby Principal has agreed to warrant and guarantee the installation, completion, and maintenance of certain designated public improvements, which said agreement, dated July 21, 2020 and identified as Project No. TM 20161 , is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the warranty of said improvements.
NOW, THEREFORE, we, the Principal, and The Ohio Casualty Insurance Company , as surety, are held and firmly bound unto the City of Chino in the penal sum of Six Hundred Eighty- Six Thousand One Hundred Dollars ($ 686, 100. 00 lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bound 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, and provisions in said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a 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 attorneys' fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its 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, this instrument has been duly executed by Principal and Surety above named, on July 23, 2020
Chino Preserve Development Corporation The Ohio Casualty Insurance Company
PRINCIPAL SURETY
By:
See Attached
By:
Jes Garcia, ttorne•,
y
n Fact
SIGNATURE( S) MUST BE NOTARIZED
Rev 04/ 2019) Page 1 of 1
Signature Page for Bond #: 024247170
CHINO PRESERVE DEVELOPMENT CORPORATION,
a California corpo
ativj
By:
Name: an Goodman
Its: Authori d Agent
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 San Bernardino
July 28, 2020 before me, Tanya K. Nesmith, Notary Public insert and title of the officer)
personally appeared Bryan Goodman
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 rile 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.
TANVA K. NESMITH
CV' t ti\ Notary public- California
r
ro = I San Bernardino County
Commission# 2254448
My Comm ExpiresAug 16, 2022
Jem
Signature ` a
1.}_
Seal)
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 x>. c:` nx'., c cc.--{ S .- c .' nY' tir,- S'.isi. GY'. n^ tG• oc< -; c, k^ C%u^ 5' e"^ cn. 5'- ifn25- x:- -- K`tif. GY, css. S"nTcK:(' S: f^ .. ', sCis^ C S.. Z"(- x Y: Y'. , c<..> G{' ri 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
7/ 2- 3/ )-- C eforeme, AntonioAlvarado,NotaryPublic Date Here Insert Name and Title of the Officer
personally appeared JessicaGarcia
Name( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to be the person(-s) whose name(s) Qs"are subscribed to the withininstrumentand acknowledgedto me thathesh theyexecutedthe samein his/ e( theirauthorized capacity( ie& and that by his er their signature( s) on the instrument the person( s'r or the entity upon behalf of which the personeej 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.
ANTONIOALVARADO
NotaryPublic-California
z . _ orange Co2unry Signature
z
Commisslon f<
Noy' 12.
Sign o ary Public
z,i• MyComm.ExpiresNov12.2021
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: Jessica Garcia Signer' s Name:
n Corporate Officer— Title( s): 0 Corporate Officer— Title( s):
O Partner— n Limited n General 0 Partner— n Limited General Individual Attorney in Fact Individual n Attorneyin Fact 0 Trustee n Guardian or Conservator n Trustee n Guardianor Conservator n Other: n Other:
Signer Is Representing: ' IcG G -' Il) Ct L)(-.) I-Jf
Signer Is Representing:
Swc r` tle Cl tiv-, rt U
x';
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A-,„,,,,- :., ,..,,,,' ,. ti'-: tip , j'.- . .. ,,, . sae,+,%..< 1 :: 1,' s -,-_-, r.'< sti : 7:>: C, 7, MS: n:'^_ 2014 National Notary Association • www. NationalNotary. org • 1- 800- US NOTARY( 1- 800- 876- 6827) Item# 5907 L.MS- 14067 12/ 14
our PowerofAttorneylimitstheactsofthosenamedherein,andtheyhavenoauthorityto L
bind the Company except in the manner and to the extent herein stated.
Liberty Liberty Mutual Insurance Company
IA' Mutual The Ohio Casualty Insurance Company Certificate No• 8203482- 000001 West American Insurance CompanySURETY
POWER OF ATTORNEY
KNOWNALLPERSONSBYTHESEPRESENTS:ThatTheOhioCasualtyInsuranceCompanyisacorporationdulyorganizedunderthelawsoftheStateofNewHampshire,that LibertyMutualInsuranceCompanyisacorporationdulyorganizedunderthelawsoftheStateofMassachusetts,andWestAmericanInsuranceCompanyisacorporationdulyorganized underthelawsoftheStateofIndiana(hereincollectivelycalledthe"Companies'),pursuanttoandbyauthontyhereinsetforth,doesherebyname,constituteandappoint, MariaE.uisa R.Aguinaldo,AntonioAlvarado,BrettD.Asmus,VictorA. Ballesteros,DebraBell,.caneE.Block,ShirleyA.Campi,JorgeCorrea,MichaelJ.Forman,Jessica(lacers, SandraGaytan,BeckyGomez,VuIto,JimHume,MaricelaFares,BrianNgare,Jenny'I'.Nguyen,RajanPatel,MariaG.Rodriguez:Wong,AlexSanchezGerald Schumacher,MichaelStein,EsmeraldaUreno,LupeVillarreal,StevenC.White,AnthonyK.T.Yau all of the city of Orange state of CA
eachindividuallyiftherebemorethanonenamed,itstrueandlawfulattorney-in-facttomake, execute,seal,acknowledgeanddeliver,forandonitsbehalfassuretyandasitsactanddeed,anyandallundertakings,bonds,recognizancesandothersuretyobligations,inpursuance ofthesepresentsandshallbeasbindingupontheCompaniesasiftheyhavebeendulysignedbythepresidentandattestedbythesecretaryoftheCompaniesintheirownproper persons
INWITNESSWHEREOF,thisPowerofAttorneyhasbeensubscribedbyanauthorizedofficerorofficialoftheCompaniesandthecorporatesealsoftheCompanieshavebeenaffixed thereto this 20th day of April , 2020
LibertyMutualInsuranceCompany
4 1NSt/, Q P,,
jv INk, INS TheTheOhioCasualtyInsuranceCompany
tiJ ° PORQry,
0 hJ G°
aeOR9 9y 4, c,° 8POR4, y West American Insurance Companym o to sr mo m w
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1912 0 0 1919 1991
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HAAAvs`', a, `' ,, t, P i GC./ j„ j /, '"/ c ezz * f,0 3y1 * is
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By: 0
State of PENNSYLVANIA
CO
DavidM. Carey,AssistantSecretary
N -
ra
7 CountyofMONTGOMERYSS
c
o ,
On this 20th day of April , 2020 before me personally appeared David M Carey,who acknowledged himself to be the Assistant Secretaryof LibertyMutual Insurance_ F ro Company,TheOhioCasualtyCompany,andWestAmericanInsuranceCompany,andthathe,assuch,beingauthorizedsotodo,executetheforegoinginstrumentforthepurposesMtn c.
therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
TW
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Kingof Prussia, Pennsylvania, on the day and year first above written. c n- c opco t-o E.D.
COMMONWEALTH OF PENNSYLVANIA G( V
N O Notarial Seal
J /
1 0Y7
Teresa Pastella, Notary Public Y/
nG/aM/
y. CO
Upper Merlon rwp Montgomery County By'
My Commission Expires March 28. 2021
ereSa Pastella, Notary Public 0
RIMember.Pennsylvania Assc c lotion of Notaries 0_ p
J in°
ThisPowerofAttorneyismadeandexecutedpursuanttoandbyauthorityofthefollowingBy-lawsandAuthorizationsofTheOhioCasualtyInsuranceCompany, LibertyMutual Q• c Insurance Company,and West American Insurance Companywhich resolutions are now in full force and effect reading as follows: d at w
a
ARTICLEIV— OFFICERS:Section12. Powerof Attorney
AnyofficerorotherofficialoftheCorporationauthorizedforthatpurposeinwritingbytheChairmanorthePresident, andsubjecttosuchlimitationastheChairmanorthero.22 C Presidentmayprescribe,shallappointsuchattorneys-in-fact,asmaybenecessarytoadinbehalfoftheCorporationtomake,execute,seal,acknowledgeanddeliverassuretylii> m anyandallundertakings,bonds,recognizancesandothersuretyobligations. Suchattorneys-in-fact,subjecttothelimitationssetforthintheirrespectivepowersofattorney,shall,c cst have full power to bind the Corporation by their signature and execution of any such instrumentsand to attach thereto the seal of the Corporation. When so executed, such -• 00 a
instruments shall be as bindingas if signed bythe President and attested to bythe Secretary_Anypower or authontygranted to anyrepresentative or attorney- intact under the E2Zc i 9 ry P Y- provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority c i
ARTICLE XIII— Execution of Contracts: Section 5, Surety Bonds and Undertakings o r
AnyofficeroftheCompanyauthorizedforthatpurposeinwritingbythechairmanorthepresident,andsubjecttosuchlimitationsasthechairmanorthepresidentmayprescribe: I---<— shallappointsuchattorneys-in-fact,as maybenecessaryto actin behalfoftheCompanyto make,execute,seal,acknowledgeanddeliverassuretyanyandallundertakings, bonds,recognizancesandothersuretyobligations.Suchattorneys-in-factsubjecttothelimitationssetforthintheirrespectivepowersofattomey,shallhavefullpowerto bindthe CompanybytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealoftheCompany.Whensoexecutedsuchinstrumentsshallbeasbindingasif signedby the presidentand attestedby the secretary.
Certificateof Designation—ThePresidentoftheCompany,actingpursuanttotheBylawsoftheCompany,authorizesDavidM.Carey,AssistantSecretarytoappointsuchattorneys-in factasmaybenecessarytoactonbehalfoftheCompanytomake,execute,seal,acknowledgeanddeliverassuretyanyandallundertakings,bonds,recognizancesandothersurety obligations.
Authorization—ByunanimousconsentoftheCompany'sBoardofDirectors,theCompanyconsentsthatfacsimileormechanicallyreproducedsignatureofanyassistantsecretaryofthe Company,whereverappearinguponacertifiedcopyofanypowerofattorneyissuedbytheCompanyinconnectionwithsuretybonds,shallbevalidandbindingupontheCompanywith thesameforceand effectas thoughmanuallyaffixed.
I,ReneeC Llewellyn,theundersigned,AssistantSecretary, TheOhioCasualtyInsuranceCompany,LibertyMutualInsuranceCompany,andWestAmericanInsuranceCompanydo herebycertifythattheoriginalpowerofattomeyofwhichtheforegoingisa full,trueandcorrectcopyofthePowerofAttorneyexecutedbysaidCompanies,isinfullforceandeffectand has not been revoked
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this l ?
f -
day of aJ 1,,k., , C - C)
to. 1NSUR9 Pcci
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SACHU`>„ 4D SO HAMP` aP a ` f IHDIANP a
By.
ez> * 0 A'./ * ' ,
4 s"
M *
d ReneeC. Llewellyn,AssistantSecretary
LMS- 12873 LMIC OCIC WAIL Multi Co 12/ 19
Liberty
Mutual.
SURETY BOND RIDER
To be attached to and form a part of:
Bond No.: 024247170
Cross Ref Bond No.: N/ A
Type of Bond: Faithful Performance, Labor and Material
Dated effective: September 7, 2022
Executed by: Chino Preserve Development Corporation
And by: The Ohio Casualty Insurance Company , as Surety, In favor of: City of Chino, 13220 Central Avenue, Chino, CA 91710 as Principal,
In consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to:
Changing: Bond amounts due to Obligee Reduction Letter dated September 1, 2022 From: Faithful Performance $ 6, 861, 500
Labor and Material $ 3, 430, 800
To: Faithful Performance $ 2, 094, 600
Labor and Material $ 1, 047, 300
Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated.
This rider is effective: September 7, 2022
Signed and Sealed on: September 7, 2022
Principal Name: Chino Preserve Development Corporation
Surety Name: nUc Ohio Casualty Insurance Company.
lo, Attomey- in- fact
Agency Name: Lewis Management Corp
Agency Address: 1156 N. Mountain Avenue, Upland, CA 91786 Liberty Mutual Surety Claims • P. O. Box 34526. Seattle WA 98124 • Phone: 206- 473- 6210 • Fax: 866- 548- 6837 i. MS-to443e08/ oe Email; H0SCL( S5lib€ rtynmitual. com * www. UbertyMutualSuretyClaim8. com Liberty
Mutual.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in die manner and to the extent herein stated.
SURETY
Liberty Mutual Insurance Company
The Ohio Casualty insurance Company
West American insurance Company
POWER OF ATTORNEY
Certificate No: 8206229- 000001
KNOWN ALL PERSONS BY THESE PRESENTS: That Tlie Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, ttiat Liberty Mutual Insurance Company is a corporation duly orgarHzed under &ie laws of the State of Massachusetts, and W^ t American Insurance Company is a corporation duly o^ anized under the laws of the Slate of Indiana ( herein collectively called the " Companies"), pursuant to and by authority herein set forth, does hweby name, constitute and appoint, Alex Sanchez, Ana Lucia Torres Villafana, . Amonio Alvarado. Becky Gomez. Breti D. Asinus. Brian Ngare, Esmeralda Ureno. Gerald Schumacher, Jane E. Block, Jennifer Pham Sailing. Jenny T. Nguyen, Jessica Garcia. Jim Hume. Kcvm Voiig, Lupe ViUaneaJ. M. Cerda, M. Jacobson. Maria G. Kodriguez- Wont;. Maricela Lares, Michael J. Forman, Michael Stem. Rajan Paicl. Sandra Gayran. Steven C. White, Ted Lee, V'icior A. Ballesieios. Vu llo all of the dty of_ Orange state of CA each incfividually if there tie more than one named, its true and lawful attomey- in- fact to make. execute, seal, acknowledge and deliver, for and on its behatf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the seaetary of the Con^ianies in their own proper persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Coir^janies and the corporate seals of the Companies have been affixed thereto this 1st day of September . 2021 .
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Liberty Mutual insurance Company
The Ohio Casualty Insurance Company
West American insurance Corr^ any
David M. Carey, Assistant Secxetary
Stale ( rf PENNSYLVANIA '
County of MONTGOMERY
On this isi day of September . 202! befae me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Conpany, and that he. as such, being authorized so to do, execute the foregang instojment for the purposes therein contained by signing on beh^ f erf the corporations by himself as a duly authorized officer.
IN WITNESS WHEREOF, I have hweunto subsaibed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above writ^.
Member. Pennsylvenis Association ol Notenes
Conrnonwealtb or Pennsytvsrea - NoUty Seal
Teresa PesteDa. Notary PtAie
Montgomery County
My commission expires Marcn 28. 2025
Commlsaioo number 1126044
By:
Teresa Paslella. Notary Public
This Power of Attorney is made and executed pursuant to ar>d by authority of the follcwing By-laws and Authorizations of The Ohio Casualty insurance Convariy. Liberty Mutual insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as foilovtfs:
ARTICLE IV - OFFICERS; Section 12. Power of Attorney.
Any officer or other official of the Corporation authorized for that purpose in writing by the Charman or toe President and subject to sucrfi limitation as the Chairman or toe President may prescribe, shall adjoint suito attomeys-in- fact as may be necessary to act in beh^ f of the Corporation to make, execute, seal, acknowledge and driver as surety any and alt undertakings, bonds, reccgnizances and other surety obligations. Such attomeys-in- fact. sut^ ect to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attadi thereto toe seal of toe Corporation, When so executed, such instruments shall be as bindtog as if signed by toe President and attested to by toe Secretary. Any power or authority granted to any representative or attomey-cn-fect under the provisions of tois article may be revoked at any time by the Board, toe Chairman, toe President or by the officer or officers granting such povireror authority.
ARTICLE XIII - Execution of Contracts: Section 5. Surety Bwids and Undertakings.
Any officer of toe Company authorized for that purpose in writing by toe diairman or toe president, and subject to such limitations as toe diairman or toe president may prescribe, shall appoint such altomeys-in- facL as may be necessary to ad in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in- fed subject to toe limitations set forto in their respective powers of attorney, shall have full power to bind toe Company by their signature and execution of any such instruments and to attach thereto toe seal of toe Company. When so executed sudi instruments shall be as binding as if signed by toe president and attested by the secretary.
Certificate of Designation - The President of the Company, acting pursuant to toe Bylaws of toe Company, authorizes David M. Carey, Assistant Sedetary to appoint such attomeys-in- fad as may be necessary to act on behalf of toe Company to make, execute, seal, adinowledge and deliver as surety any and an undertakings, bonds, recognizances and other surety obligations.
Authorization - By unanimous consent of toe Company' s Board of Directors, the Company consents that facsimile or mechanically r^ roduced signature of any assistant secretary of the Company, wtoerever appearing upon a certified copy of any power of attomey issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with toe same force and effed as though manually affixed.
i. Renee C. Lieweilyn, toe undersigned. Assistant Sedetary, The Ohio Casually Insurance Company, Litierty Mutual insurance Company, and West American insurance Company do hereby certify toat toe original power of attomey of which the foregoing is a full, true and correct copy of toe Power of Attomey executed by said Companies, is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed toe seals of said Companies tois day of OeiX- A E
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By:
Renee C. Llewetlyn, Assistant Secretary
LMS- 12873 LMIC OCIC WAIC Muiti Co 02/ 21
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 San Bernardino
On Septembers. 2022 before me, Elise Kim Mann - Notary Public insert name and title of the officer)
BryanGoodmanpersonallyappeared
who proved to me on the basis of satisfactory evidence to be the person( s) whose name(&) is/ are- subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/ her/ their authorized capacity( tes), 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
ELISE KIM MANN
Notary Public - California
San Bernardino County
Commission # 2327621
My Comm. Expires May 7, 2024
Seal)
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Chino Preserve Development Corp.
1156 North Mountain Avenue / P. O. Box 670 Upland, California 91785- 0670 909) 985- 091 ^ FAX: ( 909) 949- 6725
July 27, 2022
City of Chine- Engineering
Jesus Plasencia
13220 Central Ave.
Chino, CA 91710
RE: Bond Reduction Request- Bond # 024247170
Mr. Plasencia,
Please accept this letter as our formal bond reduction request for the following bond:
1. 024247170- Tract 20161 ( Van Vliet) Backbone & Pine Stage 2 Imps We are requesting an 85% reduction. Please see the chart below which highlights the remaining costs to complete.
20161- Street Imp Bond- 024247170
Area $ Remaining as of 7/ 6
Backbone $ 753, 265. 27
AB Delta $ 28, 574. 88
Pavement Rehab $ 70, 578. 75
Curb Ramps $ 73, 596. 60
Sidewalks $ 30, 693. 29
956, 708. 79
Original Bond Amount $ 6, 861, 500. 00
Remaining to Complete 14%
In addition, I have attached the current engineer' s estimates. Should you have any questions, or require any additional information, please call me at ( 909) 579- 1229.
Sincerely,
Darius Fatakia
Vice President - Planned Communities