Contract No. 41- 7 -Sm
Approved 51, z l:r i) et//
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT MAP NO. 18972
THIS AGREEMENT is entered into by and between the CITY OF CHINO, a Municipal Corporation of the State of California ( hereafter called " the City") and LENNAR HOMES OF CALIFORNIA, INC., A CALIFORNIA CORPORATION ( hereafter called " the Subdivider").
WHEREAS, the Subdivider is the owner of certain real property situated in the City of Chino, Countyof SanBernardino, Stateof California, generallyknownanddescribedasTractMapNo. 18972, which is the subject matter of this Agreement( hereafter called " the Property"); and WHEREAS, the Subdivider has submitted an application to the City to subdivide the Property as Tract Map No. 18972 ( hereafter called " the " Map"); and WHEREAS, the Subdivider proposes to develop the Property and construct certain improvements hereon as hereinafter set forth; and
WHEREAS,theCitydesiresto assurethatsaidproposedimprovementswillbeconstructed and installed in a good and workmanlike manner, and in strict accordance with all applicable laws, statutes, ordinances, resolutions and regulations now in force and effect in the City of Chino, and the terms and conditions imposed on the approval of said Map by the Planning Commission and the CityCouncil, all of whichare incorporatedherein; and WHEREAS, the Subdivider acknowledges familiarity with the City's subdivision ordinance and requirementsand the SubdivisionMap Act (GovernmentCode Sections 66410-66499.37) and hereby agrees to comply therewith; and
WHEREAS, the Subdvider has prepared and submitted a final tract map for the Property in accordance with the City's requirements for approval by the City Council.
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
Article 1 Duty to Install Public Improvements
1. 1 Requirements for Public Improvements. The Subdivider shall, at his/her/its own cost and expense, construct, install and complete all of the public improvements contained in Exhibit 1 in a good and workmanlike manner, according to the approved plans and specifications, and to the satisfactionof the AssistantCityManager/Directorof PublicWorksor his designee, within two (2) years from the date of the City's approval of this Agreement, and within the time frame and subject to the conditions set forth in the Encroachment Permit that is issued for the required public improvements. The time for completion may be extended up to one (1) additionalyearbytheCityCouncilforgoodcauseshown. ThesumofFourMillionEightHundred Eighty- Four Thousand Five Hundred and 00/ 100 dollars ($ 4, 885, 500. 00) is the estimated Agreement Masters\ Subdivision Improvement Agreement( General City,CP)\ REV 15- 0128\ 1VIB
construction cost of said improvements.
1. 2 Ownership of Public Improvements. All public improvements constructedor installedpursuantto thisAgreementshallbecomethe soleexclusivepropertyof theCity, withoutpaymenttherefore, uponacceptanceof saidimprovementsbytheCity.
1. 3 Definition of Improvements. Theterm "improvement" shall mean any andallworkor infrastructurerequiredfor thedevelopmentof thissubdivision, including, butnot limited to, bicycle trails, communication transmission devices, curbs, drainage facilities, electric transmission devices, excavation, grading, gutters, landscaping, pathways, sanitary sewers, sidewalks, streets, street lights, traffic control devices, utilities, water lines, as shown on plans, profiles or specifications prepared or submitted by the Subdivider.
1. 4 Repair or Reconstruction of Defective Improvements. If, within a period of one ( 1) year after final acceptanceof work performedunder this Agreement, any improvement or part of any improvement constructed, installed or furnished, or caused to be constructed, installedorfurnishedbytheSubdivider, oranyofthe workdone underthisAgreement fails to comply with, or satisfy, any of the requirements of this Agreement, or the specifications referencedherein, the Subdividershall, withoutdelayand withoutany cost to the City, repairor replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or improvements. Should the Subdivider fail to act promptly or in accordance with these requirements, or should an emergency require repairs or replacements to be made before the Subdividercan be notified, the City may, at its sole option, make the necessaryrepairs or replacementsor performthe necessarywork, and the Subdividershall pay to the City the actual cost of such repairs, plus 15 percent.
1. 5 Repair or Replacement of Unrelated Improvements. The Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, all pipes and monuments situated on said property, delineated on the Map, which have been destroyed or damaged and the Subdivider shall replace, or have replaced, repair, or have repaired, as the case maybe, or payto the owner, the entirecostof replacementor repairs, of any and all property damagedordestroyedbyreasonof anyworkdonehereunder, whethersuchpropertybeowned by the UnitedStatesor any agencythereof, or the Stateof California, or any agencyor political subdivisionthereof, or by the City, or by any public or private corporation, or by any person whomsoever, or by any combination of such persons. Any such repair or replacement shall be to the satisfaction, and subject to the approval, of the Assistant City Manager/Director of Public Works or his designee.
1. 6 Time of Completion. All of the public improvements shall be completed within two ( 2) years from the date of the City's approval of this Agreement, and within the time frame and subject to the conditions set forth in the Encroachment Permit that is issued for the required public improvements. In the event that the Subdivider fails to complete the public improvementswithin said period, the City may completesaidwork and shall be entitled to recover the full cost and expenses thereof from the Subdivider, or its surety, as hereinafter provided. The CitymayrequiretheSubdivider, or itssurety, to paythe City, in advance, sufficientmoniesto pay for the City's cost of completingconstructionand installationof said public improvements.
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1. 7 Security. Contemporaneously with the execution hereof, the Subdividershall file security, subjectto the approvalof the City Attorney, pursuantto Section 66499 of the Government Code and Section 19.09. 010 of the Chino Municipal Code, to guarantee performance of the requirements of this Agreement, the terms and conditions imposed on the approval of Map, and all of the City's ordinances, specifications and regulations as follows:
a. A security device in an amount equal to 100 percent of the estimated construction cost to guarantee the faithful performance of all of the requirements of this Agreement, including the construction, installation and completion of the work and public improvements required by this Agreement; and
b. A security device in an amount equal to 50 percent of the estimated construction cost to guarantee payment to the contractors, their subcontractors, and to persons renting equipment or furnishing labor and materials to said contractors, for the public improvements required by this Agreement; and
C. All security devices under this Agreement shall also guarantee the payment of reasonableattorneyfees, expert witness fees and court costs to the City; and d. Any changes or alterations in the work or public improvements requiredhereunder, notexceeding10percentof theiroriginalestimatedcost, shallnotrelieveany liability of the security given for the faithful performance of this Agreement. In the event any changes or alterations of the work or public improvements required hereunder exceed 10 percent of their originalestimatedcost, the Subdividershall providesuch additionalsecurityfor its faithful performance as determined by the Assistant City Manager/Director of Public Works or his designee and approved by the City Attorney.
The City Council may, at its sole discretion, reduce the amount of any security device as recommended by the Assistant City Manager/Director of Public Works or his designee and the City Attorney for any portion of the public improvements installed by the Subdividerand acceptedby the AssistantCity Manager/Directorof PublicWorks or his designee.
1. 8 One Year Warranty and Warranty Bond. Without limiting the foregoing, Subdividerwarrants and guaranteesmaterialsused and workmanshipperformedon said work and public improvements. In connection herewith, the Subdivider shall submit security, subject to the approval of the City Attorney, for a period of one (1) year following the completion and acceptance of the work hereunder in the sum equal to 10 percent of their actual construction cost and reasonable attorney fees, expert fees and court costs. The Subdivider further agrees to pay the City for all costs to maintain the landscaping in a vigorous and thriving condition, to maintain the street lights and to pay for all energy costs for a period of one( 1) year after completion and acceptance thereof by the Assistant City Manager/Director of Public Works or his designee and the City Council. Maintenance and energy costs shall be based on the amounts specified in the most recent publication of the Annual Engineer's Report for the Levy of Assessments for the Landscaping and Lighting Districts.
1. 9 Payment of Labor and Materials. The Subdivider and its contractors shall pay for any materials, provision, provender and other supplies or equipment used in, upon, for, or about the performanceof the work contracted to be done, and for any work or laborthereon of any kind, and for a payment bond with respect to such work or labor, as required by Civil Code Section 9550.
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Article 2. Procedural Requirements
2. 1 Preparation of Improvements Plans. No work pursuant to this Agreement shall be commenced until the Subdivider' s plans, profiles and specifications for the publicimprovementshavebeensubmittedtoandapprovedbytheAssistantCityManager/Director of Public Works or his designee. The Subdivider warrants that its plans, profiles and specifications conform as a minimumto the City's ordinancesand standard specifications, and that they are adequate to construct and install the public improvements in a good, workmanlike manner and in accordance with sound construction practice for public works.
2. 2 Cost of CheckingPlans. The Subdividershall pay to the City the cost of checking and approving the plans, profiles and specifications. The Subdivider shall pay to the City the fees for the cost of checking said plans upon submittal of said plans to the City. If said fees proveto be insufficientto completesaid plan checking, the Subdividershall make additional deposits as required by the Assistant City Manager/Director of Public Works or his designee.
Failureto makeany requiredpaymentor depositshallcausesuch plancheckingto be suspended and be groundsto withhold the issuanceof buildingpermitsfor any constructionin the subdivision defined by Map.
2. 3 SoilsReport. The Subdividershallcauseto be madeand payfor soil tests made by a reputable soils testing laboratory to determine gradation, bearing and resistance value of soils within the subdivision. The Subdivider shall also cause to be made and pay for all compaction tests necessary to determine that all soils, including the utility trenches, have been satisfactorily backfilled.
2. 4 Permits and Fees. The Subdivider shall, at the Subdivider' s expense, obtain all necessary permits and licenses for the construction and installation of the work and public improvements required hereunder and pay all required fees and taxes and give all necessary notices.
2. 5 Superintendence by the Subdivider. The Subdivider shall provide continuous superintendence to the construction and installation of the public improvements by assigning a competent foreman or superintendent, satisfactory to the Assistant City Manager/Director of Public Works or his designee, to the work site, who shall have full authority to act for the Subdivider
2. 6 Duty to Facilitate Inspections. The Subdivider shall at all times maintain proper facilities and provide safe access for inspection by the Assistant City Manager/ Director of Public Works or his designee, to all parts of the work, and to the shops wherein the work is in preparation.
Article 3. The Subdivider' s Liabilities
3. 1 Liabilityof the Subdivider. The Subdivider agrees that the use for any purpose and by any person of any or all of the work and public improvements required by this Agreement shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the City of the completed public improvements thereon and therein; provided that acceptance by the City shall not eliminate, lessen or relieve the Subdivider of any obligations or undertakingscontainedin this Agreement. The issuanceof any occupancypermitsby the CityforAgreement Masters\ Subdivision Improvement Agreement( General City,CP) 1REV 15- 0128W13
any structures located within said subdivision shall not be construed to constitute an acceptance or approval of any of the public improvements required hereunder.
3. 2 Liabilityfor Nonperformance. Neither the City nor any of its officers or agents shall be liable to the Subdivideror its contractorsfor any error or omission arising out of, or in connection with, any work to be performed under this Agreement or the plans, profiles or specifications therefore approved by the Assistant City Manager/Director of Public Works or his designee.
3. 3 Development Impact Fees. Development Impact Fees shall be paid pursuant to and in accordance with Chino Municipal Code Chapter 3.40.
3. 4 Utility Deposits. Prior to commencement of any work required by this Agreement, the Subdivider shall file with the Assistant City Manager/Director of Public Works or his designee a statement signed by the Subdivider and each public utility to the effect that the Subdividerhas made all deposits legally required by such public utilityfor the connection of any and all public utilities required to be supplied by such public utility within the subdivision.
3. 5 Liability for Personal Injuries. The City shall not be liable to the Subdivider or to any other person, firm, or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever, in, on or about the subdivision of the Property or connected to the construction and installation of the work and public improvements required hereunder.
3. 6 Release and Indemnification. The Subdivider hereby releases and agrees to indemnify and save the City harmless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage and liability, howsoever the same may be caused, and whensoever the same may appear, resulting directly or indirectly from the performance or nonperformance of any work or public improvement to the Property and upon premises adjacent thereto pursuant to this Agreement, and also from any and all injuries to, and deaths of persons, and injuries to property or other interests, and all claims, demands, costs loss, damage, and liability, howsoever same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the Subdivider, Subdivider's agents, employees, and subcontractors, while engaged in the performance of said work or public improvements. Prior to the commencement of any work or public improvement required hereunder, the Subdivider shall furnish to the City satisfactory evidence of an insurance policy, written upon a form and by a company which meets with the approval of the City, insuring the City, its officers, agents, and employees against loss or liability which may arise during the work, or which may result from any of the work herein required to be done, including all costs of defending any claim arising as a result thereof. Minimum liability and property damage insurance shall be not less than $ 500,000.00 for all damages arising out of bodily injury to or death of one person and not less than $ 1,000,000.00 for all damages arising out of bodily injuries to or death of more than one person in any one occurrence; and not less that $ 250, 000. 00 for all damages and/ or destruction of property in any one occurrence and not less than $ 500, 000. 00 for all damages and/or destruction of property during the policy period. Said policy shall be maintained in full force and effect during the life of this Agreement. Said policy shall state, by its terms and by an endorsement, that said policy shall not be canceled until the City shall have had at least ninety 90) days prior notice in writing of such cancellation.
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Article 4. Inspection of Improvements
4. 1 Inspection by Assistant City Manager/ Director of Public Works. All public improvements shall be constructed under the inspection of, and subject to approval, of the Assistant City Manager/Director of Public Works or his designee. The cost of inspections shall be paid by the Subdivider, who shall submit a sufficient deposit prior to the issuance of building permits. If said deposit proves to be insufficient to complete said inspection, the Subdivider shall make additional deposits as determined by the Assistant City Manager/Director of Public Works or his designee. Failure to make any required deposit shall cause such plan inspections to be suspended and be grounds to revoke all the building permits for any construction in the subdivision, or to refuse to issue an occupancy permit for any facilities constructed on any lot within said subdivision.
4. 2 Approval by Assistant City Manager/ Director of Public Works. It is mutually agreed that the Assistant City Manager/ Director of Public Works or his designee shall have the authority to reject any or all of the work or public improvements required hereunder if same fails to conform to the approved plans, profiles or specifications for said public improvements or if same are not constructed or installed in a good and workmanlike manner to the satisfaction of theAssistantCity Manager/Directorof PublicWorks or hisdesignee. Furthermore, anydamage to existing facilities, including any curbs, drainage facilities, gutters, landscaping, sewer and water mains, street or utilities, that occurs after installation, shall be repaired to the satisfaction of the Assistant City Manager/Director of Public Works or his designee by the Subdivider prior to the issuance of an occupancy permit for any structure within the subdivision and prior to the release of any security provided hereunder.
4, 3 Responsibility Despite Inspections. Notwithstanding the fact that the Subdivider' s plans, profiles and specifications, and construction and installation of the public improvements, and other acts are subject to the approval of the Assistant City Manager/ Director of Public Works or his designee, it is understood and agreed that any approval by the Assistant City Manager/ Director of Public Works or his designee shall not relieve the Subdivider of the obligation to satisfactorily perform the obligations hereunder. All construction shall be performed strictly in accordance with the approved plans, profiles and specifications, the City's latest standard specifications and the provisions of the Chino Municipal Code to the satisfaction of the Assistant City Manager/ Director of Public Works or his designee.
4. 4 Occupancy Permits. No occupancy permit for any structure on any lot within the subdivision shall be issued, and no utility connection shall be made, unless and until the Subdivider has complied with all the obligations hereunder to the satisfaction of the Assistant City Manager/ Director of Public Works or his designee.
4. 5 Notice of Completion. The Subdivider shall record a Notice of Completion for all the work and public improvements completed within ten (10) days after the City' s acceptance of said improvements.
4. 6 Certification of Satisfactory Completion. Upon the satisfactory completion of the improvements by the Subdivider, the Assistant City Manager/Director of Public Works or his designee, or his designee, shall certify that the work of said improvements has been satisfactorily completed.
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4. 7 Filing of " Record" Drawings. Upon completion of the work or public improvements, the Subdivider shall submit one mylar ( 4 mils) set of " Record" drawings to the Assistant City Manager/ Director of Public Works or his designee. These drawings shall be certified as representing the actual construction and shall depict the work and public improvements as actually constructed, with all changes incorporated therein.
Article 5. Miscellaneous Provisions
5. 1 Relationship of Contractors. It is hereby mutually covenanted and agreed by the parties hereto that the Subdivider's contractors are not agents of the City and that the contractors' relations to City, if any, are those of independent contractors.
5. 2 Entire Agreement. This writing constitutes the entire agreement of the Parties and supersedes any prior written or oral agreements between them with respect to the subject matter hereof and may not be modified or amended except as set forth herein.
5. 3 Attorney' s Fees. In the event that any action at law or in equity is brought to interpret or enforce any provision of this Agreement, the prevailing party shall be entitled to reasonable attorney' s fees and court costs.
5. 4 Assignment. This Agreement shall not be assignable by the Subdivider without written consent of the City.
5. 5 Successors. Subject to the restrictions against assignment contained herein, this Agreement shall inure to the benefit of and shall be binding upon each of the parties and their respective assigns, successors in interest, person representatives, estates, heirs and legatees. .
5. 6 No Waiver. No waiver of any breach or default hereunder shall be considered valid unless in writing, and no such waiver shall be deemed a waiver of any subsequent breach or default of the same or similar nature.
5. 7 Choice of Law. This Agreement shall be governed by the laws of the State of California without regard to the principles of conflict of laws.
5. 8 Invalidity. If any provisions of this Agreement shall be declared invalid, void, or unenforceable by a court of competent jurisdiction of the State of California, the remaining provisions shall continue in full force and effect.
5. 9 Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall be deemed one original.
5. 10 Effective Date of Agreement. This Agreement shall not become effective unless and until the final map of said tract/parcel shall have been approved by the City Council of the City of Chino.
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Executed at Chino, California, on 4 1- .
Approved as to Form: Approved as to Content:
City Attorney Jo Alire
4sistant CityManager
LENNAR HOMES OF CALIFORNIA, INC.,
A California Corporation
By: si nature and Date)
Name: 0 SmPie a typ or print name)
Title: ftAfftPlease typer rint title)
CITY OF CHINO
MattB Ian n , City Manager
Dated: 7•(
ATTEST:
6 oilAngtfobles, CityCleric
Dated: S. L• OKa. I- I
Attachment: Exhibit 1
Agreement Masters\ Subdivision Improvement Agreement( General City,CP)\ REV 15- 0128\ MB
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT I
A. Removal of undesirable, dangerous and dead plant materials and roots.
B. All onsite and offsite grading as specified on the approved grading plan.
C. Relocation of all public utility structures as necessary to properly construct the required improvements.
D. Storm drain facilities as required and 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 Assistant City Manager/Director of Public Works 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.
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CALIFORNIA ALL PURPOSE 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 Riverside
On * 1#414% l 7 j & 101 before me, Amy R. Williams Notary Date Insert Name and Title of the officer
Public, personally appeared
Geoff Smith
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(t) whose namely,) is/ate subscribed to the within instrument and acknowledged to me that he/ sWe0ft,* executed the same in hisfe` Ir authorized capacity( ies), and that by his signature( g) on the instrument the person(Al,or the entity upon behalf of which the person(1s)acted, executed the instrument.
I certify under PENALTYOFPERJURYunder the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
AMYR. NLLIAN$
Commission# r 2064397
Z =- NotaryPublic- California
v RiversideCounty
Signature: MyComm. ExpiresApr13.2018
OPTIONAL------------------------------------------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent attachment 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)
Signers Name: Signers Name:
Corporate Officer— Title( s) Corporate Officer— Title( s) Partner- Limited General Partner- Limited General
Individual Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: Other:
Signer is Representing: Signer is Representing:
Bond No,: 024007358- N1
Contract No.:
WARRANTYBOND ISSUED/ mTRIPLICATE*
WHEREAS, the City council of the City ofChino, State of California, hereinafter designated as" CITY" and LENNAR HOMES OF CALIFORNIA, INC., A CALIFORNIA CORPORATION, hereinafter designated as PRINCIPAL," have entered into an agreement whereby Principal has agreed to warrant and qmananhao the installation, completion, and maintenance of certain designated public improvements, which said agreement, dated and identified as Tract No. 18972, 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 Liberty Mutual IC as surety, are held andfirmly bound unto the City of Chino in the penal sum pf Four Hundred Eighty-Eight Thousand Five Hundred and 00/ 100 Dollars ($ 488,500. 00) lawful money oYthe United States, for the payment ofwhich sum well and truly to be mode. we bind omne|veu, our heirs, sucoeeoom, exmcuhors, and administrators, jointly and severally, firmly bythese presents.
The condition of this obligation is such that if the above hound Princ| po|, his or its he| ru, executors, administrators, successors, oramo|gnu shall in all things standho and abide by, and well andtruly 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.
Aeopart of the obligation secured hereby, and in addition to the face amount specified therefor, there sbo|| bmincluded costs and reasonable expenses and fees including reasonable attumeyo' haem. incurred bythe City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and egnsen that no change. extension of time, m|tenahon, 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 H R OF this instrument has been duly executed by Principal and Surety above named, on w/o/ u. 16, 201 '
PRINCIPAL SURETY
LENNARHOMES OFCALIFORNIA, INC. Liberty Mutual Insurance CompanyACalifornia Corporation By: By: WJ,44
Print uff PhntName Attorney- In- FactVice President
SIGAA7URE( S) MUST BENOTARIZED
Approved ooboForm:
i
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
A notarypublicor otherofficercompletingthiscertificateverifiesonlythe identityof the individualwhosignedthe documenttowhichthiscertificateisattached, andnotthetruthfulness, accuracy, or validityofthatdocument.
State of California
County of Orange
On
MAR16 2017
before me, Kathy R. Mair, Notary PublicDATE Name of Notary Public and Title" Notary Public"] personally appeared Mechelle Larkin - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 subscribedto the within instrumentand acknowledgedto methat he/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 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
KATHY R.
14 MAIR WITNESS my hand and official seal.r
Commission# 2021597a '
NotaryPublic- Californis ZZ : h_t_
zZ
Orangecounty
MyComm.ExpiresMay
S ture otary Public
l
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: Mechelle Larkin Signer' s Name:
Corporate Officer— Title( s): Corporate Officer— Title( s):
Partner— Limited General Partner— Limited General Individual Attorney-in- Fact Individual Attorney-in-Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: Other:
Signer Is Representing: Signer is Representing:
THIS` POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
ThisPowerofAttorneylimitstheactsofthosenamedherein,andtheyhavenoauthoritytobindtheCompanyexceptinthemannerandtotheextenthereinstated.Certificate No. 6736089 American Fire and CasualtyCompany LibertyMutualInsuranceCompany The Ohio CasualtyInsurance Company WestAmericanInsuranceCompany
POWER OF ATTORNEY
KNOWNALLPERSONSBYTHESEPRESENTS: ThatAmericanFire&CasualtyCompanyandTheOhioCasualtyInsuranceCompanyarecorporationsdulyorganizedunderthelawsof theStateofNewHampshire,thatLibertyMutualInsuranceCompanyisacorporationdulyorganizedunderthelawsoftheStateofMassachusetts,andWestAmericanInsuranceCompany isacorporationdulyorganizedunderthelawsoftheStateofIndiana(hereincollectivelycalledthe"Companies"),pursuanttoandbyauthorityhereinsetforth,doesherebyname,constitute and appoint, Tenzer V Cunningham Kari Davis Jeffrey Strassner• Patricia S. Talavera- Natalie K. Trofimoff; Brenda Wong, all of the City of Los Angeles State of California and Stephanie Banh; Mechelle Larkin; Irene Lau; Kathy R. Mair all of the city of Irvine state of CA eachindividuallyiftherebemorethanonenamed,itstrueandlawfulattomey-in-facttomake,execute,seal,acknowledge anddeliver,forandonitsbehalfassuretyandasitsactanddeed,anyandallundertakings,bonds,recognizancesandothersuretyobligations,inpursuanceofthesepresentsandshall beasbindingupontheCompaniesasiftheyhavebeendulysignedbythepresidentandattestedbythesecretaryoftheCompaniesintheirownproperpersons.
INWITNESSWHEREOF,thisPowerofAttorneyhasbeensubscribedbyanauthorizedofficerorofficialoftheCompaniesandthecorporatesealsoftheCompanieshavebeenaffixed thereto this stn day of October 2014
AmericanFireand CasualtyCompany
TheOhioCasualtyInsuranceCompany
LibertyMutualInsuranceCompany
West American Insurance Company N
N
7 N By:
STATE OF PENNSYLVANIA ss
DavidM.Care ;AssistantSecretary
OX
v COUNTY OF MONTGOMERY
CdOn this 9th dayof October 2014beforemepersonallyappearedDavidM.Carey,whoacknowledgedhimselftobetheAssistantSecretaryofAmericanFireandv Ow CasualtyCompany,LibertyMutualinsuranceCompany,TheOhioCasualtyInsuranceCompany,andWestAmericanInsuranceCompany,andthathe,assuch,beingauthorizedsotodo, >, Q 2 execute the foregoinginstrument for the purposes therein contained bysigning on behalf of the corporations byhimself as a dulyauthorized officer. a)0 > INWITNESS WHEREOF, I have hereunto subscribed nlyrname and affixed my notarial seal at Plymouth Meeting,Pennsylvania, on the day and year first above written. 00 C co
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O i Teresa Pastella, Notary Public 4)
60 a
Cv ThisPowerofAttorneyismadeandexecutedpur,4oi atidtyailthorlfyofthefollowingBy-lawsandAuthorizationsofAmericanFireandCasualtyCompany,TheOhioCasualtyInsuranceto N#, Company,LibertyMutualInsuranceCompany,andWestRmericanInsuranceCompanywhichresolutionsarenowinfullforceandeffectreadingasfollows:
w i ARTICLEIV-OFFICERS-Section12.PowerofAttorney.AnyofficerorotherofficialoftheCorporationauthorizedforthatpurposeinwritingbytheChairmanorthePresident,andsubjectO Cw tosuchlimitationastheChairmanorthePresidentmayprescribe,shallappointsuchattomeys-in-fact,asmaybenecessarytoactinbehalfoftheCorporationtomake,execute,seal,O C acknowledgeanddeliverassuretyanyandallundertakings,bonds,recognizancesandothersuretyobligations. Suchattomeys-in-fact,subjecttothelimitationssetforthintheirrespective G> powersofattorney,shallhavefullpowertobindtheCorporationbytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealoftheCorporation. Whenso ' p M executed,suchinstrumentsshallbeasbindingasifsignedbythePresidentandattestedtobytheSecretary.Anypowerorauthoritygrantedtoanyrepresentativeorattomey-in-factunder >theprovisionsofthisarticlemayberevokedatanytimebytheBoard,theChairman,thePresidentorbytheofficerorofficersgrantingsuchpowerorauthority.
W r ARTICLE XIII- Execution of Contracts- SECTION 5. SuretyBonds and Unaertakings. Anyofficer of the Companyauthorized for that purpose in writing by the chairman or the president, EL andsubjecttosuchlimitationsasthechairmanorthepresidentmayprescribe,shallappointsuchattomeys-in-fact,asmaybenecessarytoactinbehalfoftheCompanytomake,execute, O : seal,acknowledgeanddeliverassuretyanyandallundertakings,bonds,recognizancesandothersuretyobligations. Suchattomeys-in-factsubjecttothelimitationssetforthintheir _ Z v respectivepowersofattorney,shallhavefullpowertobindtheCompanybytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealoftheCompany.Whenso Oexecuted such instruments shall be as bindingas if signed bythe president and attested bythe secretary. O Certificateof Designation-ThePresidentoftheCompany,actingpursuanttotheBylawsoftheCompany,authorizesDavidM.Carey,AssistantSecretarytoappointsuchattomeys-in- ~ factasmaybenecessarytoactonbehalfoftheCompanytomake,execute,seal,acknowledgeanddeliverassuretyanyandallundertakings,bonds,recognizancesandothersurety obligations.
Authorization-ByunanimousconsentoftheCompany'sBoardofDirectors,theCompanyconsentsthatfacsimileormechanicallyreproducedsignatureofanyassistantsecretaryofthe Company,whereverappearinguponacertifiedcopyofanypowerofattorneyissuedbytheCompanyinconnectionwithsuretybonds,shallbevalidandbindingupontheCompanywith the sameforce andeffectas thoughmanuallyaffixed.
I,GregoryW.Davenport,theundersigned,AssistantSecretary,ofAmericanFireandCasualtyCompany,TheOhioCasualtyInsuranceCompany,LibertyMutualInsuranceCompany,and WestAmericanInsuranceCompanydoherebycertifythattheoriginalpowerofattorneyofwhichtheforegoingisafull,trueandcorrectcopyofthePowerofAttomeyexecutedbysaid Companies, is in full force and effect and has not been revoked. MAR16 2017 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of 20 By:
o Gregory W. Davenport, Assistant Secretary
LMS 12873 122013 87 of 100
California All- Purpose
Certificate of Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signedthe documentto which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of C ' ornia I
County of
Onbefore me,
l, ,
personally. appeared
who proved to me on the basis .of satisfactory evidence to be the persons) whose names} is/ar subscribed..to the..w:ithin. instrument and.acknowledgedto me that he/stw/they executed the same in his/ hbrltXir . authorized capacity Ni ), and that by his/ hbr/ th* signatur8W on the instrument the person, orthe entityuponbehalfof whichthepersonNacted,executedtheinstrument.
I certify underPENALTY OFPERJURYunderthe lawsof the
Stateof Californiathat the foregoing paragraphis trueandcorrect.
WITNESS my hand and official seal. BETU Y
COMM. 02075619 z
s NosyPublic•Cellibmiaca
ai" MdeCounty --
Signature
fin' 24' 2018
Seal)
Bond No.: 024067353
Conti-act No:
Approved:
ISSUED IN TRIPLItATE*
FAITHFUL PERFORMANCE BOND
WHEREAS, the CiTY^ and
LENNAR HOMES OF CALIFORNIA, INC., A CALIFORNIA 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 and identified as Tnsd No. iJ89G2. ishereby referred toand madeapart hereof; and
WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance ufsaid agreement,
NOW, THEREFORE, we, the Principal and Liberty Mutual Insurance Company surety,are heldand firmlybounduntothe City of Chinoin the penalsumof Four MillionEight HundredEighty-FourThousand Five Hundred and 00/ 100 Dollars($ 4,884,500.00) 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 Pbno| pa|, his or its heim, executors, administrators, successors, oruaeigna, ahoUinoUthingaatandboandabidoby. endweUandhu| ykeopondperform 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 apeoified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents, and emp| oyeeo, as therein oUpu}ahad, then this obligation shall become null and void; otherwise itshall be and remain infull force and effect.
Aopart ofthe obligation oaoumd hereby and in addition tothe face amount specified thevefo,, themeshall 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 uUpu|oheuand agnaoo that no change, extension of time, aberaUon, 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 oftime, alteration, oraddition tothe terms ofthe agreement orhuthe work orVothe specifications, IN WITNESSWHEREOF,this instrumenthas beenduly executed byPrincipal and Surety above named, on
PRINCIPAL SURETY
Liba yy utua| Insurance ConnponyLENNAR HO EGOFCAL| FORNiA. INC, ACalifornia Corporation
By: By:
Print Name: N1eoheUeLarkin Attorney- In-FactVice Pre President
SIGNATURES MUST BENOTARIZED
Approved aotuForm:
h
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
A notarypublicorotherofficercompletingthiscertificateverifiesonlytheidentityoftheindividualwhosignedthe documenttowhichthiscertificateisattached, andnotthetruthfulness, accuracy, orvalidityofthatdocument.
State of California
County of Orange
On
MAR16 2017
before me, Kathy R. Mair, Notary PublicDATE
Nameof NotaryPublicandTitle"NotaryPublic"]
personally appeared Mechelle Larkin - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Name( s) of Signer( s)]
who provedto me on the basisof satisfactoryevidenceto bethe person(s) whosename(s) is/are subscribedtothewithininstrumentandacknowledgedto methathe/she/theyexecutedthesamein his/ her/ their authorized capacity( ies), and that by his/her/their signature( s) on the instrument the person( s), or the entity upon behalfof which the person(s) acted, executedthe instrument.
I certify under PENALTYOF PERJURYunder the laws of the State of Californiathat the foregoing paragraph is true and correct.
WITNESS my hand and official seal.KATHYR. MAIR
Commission # 2021597
Zlb NotaryPublic- California zOrange County n
MyComm.ExpiresMay22,2017
Sig atureo Notary 11Public
Place Notary Seal Above
OPTIONAL --------------------------------------------- Thoughthissectionisoptional, completingthis informationcandeteralterationof 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: Mechelle Larkin Signer' s Name:
Corporate Officer— Title( s): Corporate Officer— Title( s):
Partner— Limited General Partner— Limited Genera[ Individual Attorney-in- Fact Individual Attorney-in-FactTrustee Guardian or Conservator Trustee Guardian or Conservator Other: Other:
Signer Is Representing: Signer is Representing:
THIS, POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
ThisPowerofAttorneyfimitstheactsofthosenamedherein,andtheyhavenoauthoritytobindtheCompanyexceptinthemannerandtotheextenthereinstated.
Certificate No. 6736096
American Fire and CasualtyCompany LibertyMutualInsuranceCompany The Ohio CasualtyInsurance Company WestAmericanInsuranceCompany
POWER OF ATTORNEY
KNOWNALLPERSONSBYTHESEPRESENTS: ThatAmericanFire&CasualtyCompanyandTheOhioCasualtyInsuranceCompanyarecorporationsdulyorganizedunderthelawsof theStateofNewHampshire,thatLibertyMutualInsuranceCompanyisacorporationdulyorganizedunderthelawsoftheStateofMassachusetts,andWestAmericanInsuranceCompany isacorporationdulyorganizedunderthelawsoftheStateofIndiana(hereincollectivelycalledthe"Companies"),pursuanttoandbyauthorityhereinsetforth,doesherebyname,constitute and appoint, Tenzer V. Cunningham; Kari Davis; JeffreyStrassner; Patricia S. Talavera; Natalie K. Trofimoff; Brenda Wong, all of the City of Los Angeles State of California and Stephanie Banh; Mechelte Larkin; Irene Lau; Kathy R. Mair all of the city of Irvine state of CA eachindividuallyiftherebemorethanonenamed,itstrueandlawfulattomey-in-facttomake,execute,seal,acknowledge anddeliver,forandomitsbehalfassuretyandasitsactanddeed,anyandallundertakings,bonds,recognizancesandothersuretyobligations,inpursuanceofthesepresentsandshall beasbindingupontheCompaniesasiftheyhavebeendulysignedbythepresidentandattestedbythesecretaryoftheCompaniesintheirownproperpersons.
INWITNESSWHEREOF,thisPowerofAttorneyhasbeensubscribedbyanauthorizedofficerorofficialoftheCompaniesandthecorporatesealsoftheCompanieshavebeenaffixed thereto this 9th dayof October 2014
AmericanFireandCasualtyCompany
TheOhioCasualtyInsuranceCompany
LibertyMutualInsuranceCompany
WestAmericanInsuranceCompany
rn
y By:
STATE OF PENNSYLVANIA ss DavidM.Care ,AssistantSecretary
COUNTY OF MONTGOMERY
4 On this 9th dayof October 2014 , beforemepersonallyappearedDavidM.Carey,whoacknowledgedhimselftobetheAssistantSecretaryofAmericanFireand earJ 0a) CasualtyCompany,LibertyMutualInsuranceCompany,TheOhioCasualtyInsuranceCompany,andWestAmericanInsuranceCompany,andthathe,assuch,beingauthorizedsotodo, >, p executethe foregoinginstrument for the purposes therein contained bysigning on behalf of the corporations byhimself as a dulyauthorized officer. 4) IN WITNESS WHEREOF, I have hereunto subscribed my'tlame and affixed my notarial seal at Plymouth Meeting,Pennsylvania, on the dayand year first above written. O 0By: L
Teresa Pastella, Notary Public
3 y °
ao
Cd
ThisPowerofAttorneyismadeandexecutedpursu8r+tloaiadby,authorityofthefollowingBy-lawsandAuthorizationsofAmericanFireandCasualtyCompany,TheOhioCasualtyInsurancera of` Company,LibertyMutualInsuranceCompany,andWestAineiicehInsuranceCompanywhichresolutionsarenowinfullforceandeffectreadingasfollows:Im to ARTICLEIV—OFFICERS—Section12.PowerofAttorney.AnyofficerorotherofficialoftheCorporationauthorizedforthatpurposeinwritingbytheChairmanorthePresident,andsubjectO a; tosuchlimitationastheChairmanorthePresidentmayprescribe,shallappointsuchattomeys-in-fact,asmaybenecessarytoactinbehalfoftheCorporationtomake,execute,seal, 0E acknowledgeanddeliverassuretyanyandallundertakings,bonds,recognizancesandothersuretyobligations. Suchattomeys-in-fact,subjecttothelimitationssetforthintheirrespective 'C di powersofattorney,shallhavefullpowertobindtheCorporationbytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealoftheCorporation. Whenso executed,suchinstrumentsshallbeasbindingasifsignedbythePresidentandattestedtobytheSecretary.Anypowerorauthoritygrantedtoanyrepresentativeorattorney-in-factunder > theprovisionsofthisarticlemayberevokedatanytimebytheBoard,theChairman,thePresidentorbytheofficerorofficersgrantingsuchpowerorauthority.
ARTICLE All— Execution of Contracts- SECTION 5. SuretyBonds and Undertakings. Anyofficer of the Companyauthorized for that purpose in writing bythe chairman or the president, E
L andsubjecttosuchlimitationsasthechairmanorthepresidentmayprescribe,shallappointsuchattorneys-in-fact,asmaybenecessarytoactinbehalfoftheCompanytomake,execute, Z seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys- in- fact subject to the limitations set forth in their O ,respectivepowersofattorney,shallhavefullpowertobindtheCompanybytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealoftheCompany. Whenso vexecuted such instruments shall be as bindingas if signed by the president and attested bythe secretary. p , Certificateof Designation—ThePresidentoftheCompany,actingpursuanttotheBylawsoftheCompany,authorizesDavidM.Carey,AssistantSecretaryto appointsuchattomeys-in- ~ factasmaybenecessarytoactonbehalfoftheCompanytomake,execute,seal,acknowledgeanddeliverassuretyanyandallundertakings,bonds,recognizancesandothersurety obligations.
Authorization—ByunanimousconsentoftheCompany'sBoardofDirectors,theCompanyconsentsthatfacsimileormechanicallyreproducedsignatureofanyassistantsecretaryofthe Company,whereverappearinguponacertifiedcopyofanypowerofattorneyissuedbytheCompanyinconnectionwithsuretybonds,shallbevalidandbindingupontheCompanywith the sameforceandeffectasthoughmanuallyaffixed.
I,GregoryW.Davenport,theundersigned,AssistantSecretary,ofAmericanFireandCasualtyCompany,TheOhioCasualtyInsuranceCompany,LibertyMutualInsuranceCompany,and WestAmericanInsuranceCompanydoherebycertifythattheoriginalpowerofattorneyofwhichtheforegoingisafull,trueandcorrectcopyofthePowerofAttomeyexecutedbysaid Companies, is in full force and effect and has not been revoked.
MAR16 2017
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seats of said Companies this dayof 20 By:
Gregory W. Davenport, Assistant Secretary
LMS 12873 122013 94 of 100
California All- Purpose
Certificate of Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signedthe documentto which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of Ca ' ornia .
County of
On— ftbefore me, I
personally. appeared ch ,
who proved to me on to basis .of satisfactory evidence to be the persons) whose name.) is/)!Fe subscribed..to —the— within—instrument and..acknowledgedto me that he/ske/fhey executed the same in his/ h' x/ th it . authorized capacityN), and that by his// hw/thL signatureK on the instrument the person, orto entityuponbehalfofwhichthepersonNacted,executedtheinstrument.
I certify underPENALTY OF PERJURYunderto lawsof to
Stateof California that he foregoing paragraphis true and correct.
WITNESS my hand and official seal. HClRAgtl+vr CGMM. # 32075619 z a NotaryPublic•Californiaz RiversideCounty
Signature
nMn,.Finifes Jut
Seal)
Bond No.: 024067353
Contract No.: 7 --
Approved: 15 J2/ y, 01:? / l
ISSUED IN TRIPLICATE*
LABOR AND MATERIAL BOND
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as" CITY" and LENNAR HOMES OF CALIFORNIA, INC., A CALIFORNIA 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 and identified as Tract No. 18972, 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, materialmen, 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 Four Hundred Forty- Two Thousand Three Hundred and 00/ 100 Dollars ($ 2, 442, 300. 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 March 16, 2017
PRINCIPAL SURETY
LENNAR HOMES OF CALIFORNIA, INC.
Liberty Mutual Insurance Company
A California Corporation
By: By:
Print Name: C/MVice President
Print Name: Mechelle Larkin, Attorney- In- Fact
SIGNATURES MUST BE NOTARIZED
Approved as to Form:
A&
24oiaga
Document No. 16354( PWFORMS\ BONDS- L& M\ rev. 0512012) Page 1 of 1 f .,
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
A notarypublicorotherofficercompletingthiscertificateverifiesonlythe identityofthe individualwhosignedthe documenttowhichthiscertificateisattached, andnotthetruthfulness, accuracy, orvalidityofthatdocument.
State of California
County of Orange
MAR16 2017
On before me, Kathy R. Mair, Notary PublicDATE Name of Notary Public and Title" Notary Public"] personally appeared Mechelle Larkin - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 subscribedto the within instrumentand acknowledgedto me that he/she/they executedthe 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 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
KATHY R. MAIR WITNESS my hand and official seal.
Commission# 2021597
Notary Public- California zZ n
1Z '
OrangeCounty
My Comm.ExpiresMay22, 2017
Signa 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: Mechelle Larkin Signer' s Name:
Corporate Officer— Title( s): Corporate Officer— Title( s):
Partner— Limited General Partner— Limited General Individual Attorney-in- Fact Individual Attorney-in-Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: Other:
Signer Is Representing: Signer is Representing:
THI. T POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
ThisPowerofAttorneylimitstheactsofthosenamedherein,andtheyhavenoauthoritytobindtheCompanyexceptinthemannerandtotheextenthereinstated.
Certificate No. 6736091
American Fire and CasualtyCompany LibertyMutualInsuranceCompany The Ohio CasualtyInsurance Company WestAmericanInsuranceCompany
POWER OF ATTORNEY
KNOWNALLPERSONSBYTHESEPRESENTS: ThatAmericanFire&CasualtyCompanyandTheOhioCasualtyInsuranceCompanyarecorporationsdulyorganizedunderthelawsof theStateofNewHampshire,thatLibertyMutualInsuranceCompanyisacorporationdulyorganizedunderthelawsoftheStateof Massachusetts,andWestAmericanInsuranceCompany isacorporationdulyorganizedunderthelawsoftheStateofIndiana(hereincollectivelycalledthe"Companies"),pursuanttoandbyauthorityhereinsetforth,doesherebyname,constitute and appoint, Tenzer V. Cunningham;Kari Davis;JeffreyStrassner;PatriciaS. Talavera; Natalie K. Trofimoff; Brenda Wong, all of the City of Los Angeles,StateofCaliforniaandStephanieBanh;MechelleLarkin;IreneLau;KathyR.Mair all of the city of Irvine state of CA eachindividuallyiftherebemorethanonenamed,itstrueandlawfulattomey-in-factto make,execute,seal,acknowledge anddeliver,forandon itsbehalfassuretyandasitsactanddeed,anyandallundertakings,bonds,recognizancesandothersuretyobligations,in pursuanceof thesepresentsandshall beasbindingupontheCompaniesasiftheyhavebeendutysignedbythepresidentandattestedbythesecretaryoftheCompaniesintheirownproperpersons.
IN WITNESS WHEREOF, this Power of Attorneyhas been subscribed by authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 9th dayof October 2014
AmericanFireandCasualtyCompany
The Ohio CasualtyInsurance Company HLibertyMutual Insurance Company cWest American Insurance Company N N
W By:
DavidM.Care ,AssistantSecretarySTATE OF PENNSYLVANIA ss cc
COUNTY OF MONTGOMERY C
dcc
O
0 On this 9th dayof October 2014 beforemepersonallyappearedDavidM. Carey,whoacknowledgedhimselfto be theAssistantSecretaryofAmericanFireand tmi 0 y CasualtyCompany,LibertyMutualInsuranceCompany,TheOhioCasualtyInsuranceCompany,andWestAmericanInsuranceCompany,andthathe,assuch,beingauthorizedsotodo, 6 execute the foregoinginstrument for the purposes therein contained bysigning on behalf of the corporations by himself as a duly authorized officer.
E
d > IN WITNESS WHEREOF, I have hereunto subscribed myname and affixed my notarial seal at Plymouth Meeting,Pennsylvania, on the day and year first above written. Od cca 0R rn By:
O ( D Teresa Pastella, Notary Public
3 n0
E02ra
C w ThisPowerofAttorneyismadeandexecutedpursulaari I authorityofthefollowingBy-lawsandAuthorizationsofAmericanFireandCasualtyCompany,TheOhioCasualtyInsuranceLaO 0- 6. Company,LibertyMutual Insurance Company,and WestArrefican Insurance Companywhich resolutions are now in full force and effect reading as follows: r mARTICLEIV-OFFICERSSection12.PowerofAttorney.'AnyofficerorotherofficialoftheCorporationauthorizedforthatpurposeinwritingbytheChairmanorthePresident,andsubjectO Cim 11-4) to such limitation as the Chairman or the Presidentmay prescribe, shall appoint such attomeys4n- fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, d O. S acknowledgeanddeliverassuretyanyandallundertakings,bonds,recognizancesandothersuretyobligations. Suchattomeys-in-fact,subjecttothelimitationssetforthintheirrespective E 0> powersofattomey,shallhavefullpowertobindtheCorporationbytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealoftheCorporation. Whenso p` executed,suchinstrumentsshallbeasbindingasifsignedbythePresidentandattestedtobytheSecretary.Anypowerorauthoritygrantedtoanyrepresentativeorattomey-in-factunder > a theprovisionsofthisarticlemayberevokedatanytimebytheBoard,theChairman,thePresidentorbytheofficerorofficersgrantingsuchpowerorauthority. N m c ARTICLEXIII-ExecutionofContracts-SECTION5.SuretyBondsandUndertakings.AnyofficeroftheCompanyauthorizedforthatpurposeinwritingbythechairmanorthepresident, EoQ4) andsubjecttosuchlimitationsasthechairmanorthepresidentmayprescribe,shallappointsuchattomeys-in-fact,asmaybenecessarytoactinbehalfoftheCompanytomake,execute, L M O 3 seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys- in- fact subject to the limitations set forth in their = 00 Z
respectivepowersofattorney,shallhavefullpowertobindtheCompanybytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealoftheCompany. Whenso vexecuted such instrumentsshall be as bindingas if signed bythe president and attested bythe secretary. p CertificateofDesignation-ThePresidentoftheCompany,actingpursuanttotheBylawsoftheCompany,authorizesDavidM.Carey,AssistantSecretarytoappointsuchattomeys-in- ~ factasmaybenecessarytoactonbehalfoftheCompanytomake,execute,seal,acknowledgeanddeliverassuretyanyandallundertakings,bonds,recognizancesandothersurety obligations.
Authorization-ByunanimousconsentoftheCompanysBoardofDirectors,theCompanyconsentsthatfacsimileormechanicallyreproducedsignatureofanyassistantsecretaryofthe Company,whereverappearinguponacertifiedcopyofanypowerofattorneyissuedbytheCompanyinconnectionwithsuretybonds,shallbevalidandbindingupontheCompanywith the sameforceandeffectasthoughmanuallyaffixed.
I,GregoryW.Davenport,theundersigned,AssistantSecretary,ofAmericanFireandCasualtyCompany,TheOhioCasualtyInsuranceCompany,LibertyMutualInsuranceCompany,and WestAmericanInsuranceCompanydoherebycertifythattheoriginalpowerofattomeyofwhichtheforegoingis a full,trueandcorrectcopyofthePowerofAttomeyexecutedbysaid Companies, is in full force and effect and has not been revoked.
MAR16 2017
IN TESTIMONY VMEREOF, I havehereunto set my hand and affixed the seals of said Companies this dayof 20 By:
Gregory W Davenport, Assistant Secretary
LMS 12873 122013 89 of. 100
California All- Purpose
Certificate of Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signedthe documentto which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of C orn .
County of
ia
IL )
On before me, 6 t ,
personally. appeared CaE 1VA
who proved to me on the basis .of satisfactory evidence to be the person whose nameN) is/ale subscribed..to the._within. instrument and..acknowledged to me that he/she/tlmy executed the same in his/ hrwhh' 4 . authorized capacity( les), and that by his/A-,r/their signatureN on the instrument the personN, or the entityuponbehalfof which theperson(s)acted,executedtheinstrument.
I certify underPENALTY OF PERJURY underthe laws of the
Stateof California that the foregoing paragraphis true and correct. l EH BRULEY
WITNESS my hand and official seal. rGMIM. # 2075619 z
Notarypublic.Californiax
z RiversideCounty _
Comm. Ex ves ulY24,, f
Signature
Seal)
6. 11
MEMORANDUM
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: MAY 2, 2017
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: JOSE ALIRE, ASSISTANT CITY MANAGERIPUBLIC WORKS
SUBJECT: FINAL TRACT MAP NO. 18972 ( LENNAR HOMES OF CALIFORNIA, INC.).
RECOMMENDATION
1) Approve Tract Map No. 18972; 2) approve the Subdivision Improvement Agreement and securities; and 3) authorize the City Manager to execute the necessary documents on behalf of the City.
FISCAL IMPACT
There is no direct fiscal impact to the City.
Revenue: Expenditure:
Transfer In: Transfer Out:
CONSENT CALENDAR Packet Pg. 127
6. 11
COUNCIL MEETING DATE: MAY 2, 2017
SUBJECT: FINAL TRACT MAP NO. 18972 ( LENNAR HOMES OF CALIFORNIA, INC.) PAGE 2
BACKGROUND
Tract MapNo. 18972is presentedby LennarHomesof California, Inc., a CaliforniaCorporation for City Council action. The property was formerly the location of a dairy equipment supply operation on approximately20.8 acres located on the northwest corner of EucalyptusAvenue and Euclid Avenue. The map will create a single lot for 147 detached condominium units and substantiallyconformsto TentativeTract MapNo. 18972, which was conditionallyapprovedby the PlanningCommissionon December21, 2015 (ExhibitA).
ISSUES/ ANALYSIS
The requirements made at the time of tentative map approval have been met by the execution of the Subdivision Improvement Agreement and by posting the necessary securities to guarantee the construction of public improvements. The City Attorney has reviewed and approved the Subdivision Improvement Agreement and respective securities.
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