PUBLIC IMPROVEMENT AGREEMENT
by and between
CITY OF CHINO
and
DUNBAR HOLDINGS CHINO, LLC
01225.0006/367559.3 Updated 10-2020
PUBLIC IMPROVEMENT AGREEMENT BETWEEN
THE CITY OF CHINO
AND
DUNBAR HOLDINGS CHINO, LLC
Agreement Date: December 6, 2022
Developer Name: Dunbar Holdings Chino, LLC
Description: On February 19, 2021, the Development Services Department administratively approved the application presented by the Chino Hills Animal Hospital located at 3415 Chino Avenue, to construct a 2,907 -square foot building addition with related site improvements. As part of the Engineering Conditions of Approval requirements, the applicant is required to design and construct certain public improvements along the perimeter of Chino Avenue including, but not limited to, curb and gutter, sidewalk, asphalt concrete overlay, streetlights), parkway landscaping, traffic signal interconnect, and driveway approaches.
Estimated Total Cost of Improvements: $104,400.00
Security:
Bond No.: CIC1928558
Surety: Capitol Indemnity Corporation
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Designees for the Service of Written Notice:
CITY: DEVELOPER
Jesus Plasencia Dunbar Holdings Chino, LLC
Assistant City Engineer Attn: Steven Dunbar
13220 Central Avenue 5125 Avenida De Amor
Chino, CA 91710 Yorba Linda, CA 92886
(909) 334-3417 (909) 946-7500
[email protected]
CITY PROJECT INSPECTOR
Isaac Ortega
Permit & Inspection Supervisor
13220 Central Avenue
Chino, CA 91710
(909) 334-3501
[email protected]
01225.0006/367559.3
TABLE OF CONTENTS
1. Construction Obligations
Works of Improvement
Other Obligations Referenced in Conditions of Approval
Intent of Plans
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 Developer's Obligation to Warn Public During Construction
1.18 Injury to Public Improvements, Public Property or Public Utility
2. Time for Performance
Commencement and Completion Dates
Phasing Requirements
Force Majeure
Continuous Work
3. Labor
3.1 Labor Standards
3.2 Nondiscrimination
3.3 Licensed Contractors
3.4 Workers' Compensation
4. Security
Required Security
Form of Security Instruments
Developer's Liability
Letters of Credit
Release of Security Instruments
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5. Cost of Construction and Provision of Inspection Service Developer Responsible for All Related Costs of Construction Payment to City for Cost of Related Inspection and Engineering Services Payment of Development Impact Fees
6. Acceptance of Offers of Dedication
7. Warranty of Work
8. Default
Default by Developer
Remedies
Remedies Not Exclusive
Attorney's Fees and Costs
Waiver
9. Indemnity/Hold Harmless
10. Developer's Indemnity of Project Approval
11. Insurance Requirements
12. Environmental Warranty
13. General Provisions
13.1 Successors and Assigns
13.2 No Third Party Beneficiaries
13.3 No Vesting Rights
13.4 Developer 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
01225.0006/367559.3
PUBLIC IMPROVEMENT AGREEMENT
THIS PUBLIC IMPROVEMENT AGREEMENT (this "Agreement") is entered into this 6 day of December, 2022, 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 Dunbar Holdings Chino, LLC ("DEVELOPER").
RECITALS
A Developer is the owner of certain real property located in the City of Chino, County of San Bernardino, State of California (the "Property"), as described on Exhibit "A", which Developer proposes to develop and construct certain works of improvement thereon, as hereafter set forth.
B. Developer entered into a purchase and sale agreement with the Chino Valley Unified School District, which requires the developer to construct the off-site, backbone facilities supporting the future development of the second school site in The Preserve.
Currently, Lewis is looking to accelerate the required public improvements for the future twelve (12) acre school site located on the north-east corner of East Preserve Loop and Market Street (the "Project").
The City desires to assure that said improvements proposed for the Project will be constructed in a good workmanlike manner and in accordance with all applicable laws, statues, ordinances, resolutions and regulations now in force and effect in the City of Chino and the State of California, all of which are incorporated herein.
D. The Developer acknowledges familiarity with the various requirements for public improvements contained in the Chino Municipal Code and agrees to comply therewith.
COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City's site plan or other entitlements for the Property and permitting development of the Property to proceed, Developer agrees to timely perform all of its obligations as set forth herein.
1. Construction Obligations.
1.1. Works of Improvement. Developer agrees, at its sole cost and expense, to construct or install, or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer, street lighting, landscaping, utility, and other improvements more fully described as 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 cost for the Works of Improvement is $104,400.00.
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1 1.2. Other Obligations Referenced in Conditions of Tentative Map Approval. addition to the foregoing, Developer shall satisfy all of the other Conditions associated with the Project and 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 Developer 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. Developer shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for Developer'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, Developer 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.
Developer 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 Developer or its contractor to any plan, specification, or working or shop drawing after it has been stamped as approved.
1.4. Performance of Work. Developer shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Developer's obligations under this Agreement.
1.5. 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 public health, safety, or welfare. The City Engineer shall notify Developer 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 Developer or its contractor shall be binding on City unless approved in writing by the City Engineer. The City and Developer may mutually agree upon changes to the Works of Improvement, subject to the security requirements in Section 4.
1.6. Defective Work. Developer shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective.
1.7. No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Developer or its consultants or contractors, and City makes no representation or warranty, express or implied, to Developer or to any other person regarding the adequacy of the Plans or related documents.
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2 1.8. 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 Developer and its contractor.
1.9. Documents Available at the Site. Developer 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.
1.10. Inspection. Developer shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Developer, or its design engineer, and Developer's contractors) regarding the Works of Improvement.
Developer shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the Developer's contractor, at any time before acceptance of the Works of Improvement, shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the Developer'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 Developer or its contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted.
1.11. Compliance With Law; Applicable Standards for Improvements. In addition to the express provisions of this Agreement and the Plans, Developer shall cause construction of 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 Developer 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 Developer shall also give all necessary notices and pay all fees and taxes as required by law.
Developer shall construct the improvements in accordance with the City standards in effect at the time of the adoption of this Agreement. City reserves the right to protect the public safety or welfare or comply with applicable Federal or State law or City zoning ordinances.
1.12. Suspension of Work. The City Engineer shall have authority to order suspension of the work for failure of the Developer's contractor to comply with law pursuant to Section
1.12. In case of suspension of work for any cause whatsoever, Developer 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.
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3 1.13. Erosion and Dust Control and Environmental Mitigation. All grading, landscaping, and construction activities shall be performed in a manner to control erosion and prevent flooding 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.
1.14. Final Acceptance of Works of Improvement. After Developer's contractor has completed all of the Works of Improvement, Developer 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 Developer or its contractor of such items. After the Developer's contractor has completed these items, the procedure shall then be the same as specified above for the Developer'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 Developer 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. Developer 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.
1.15. Vesting of Ownership. Upon recordation of the Notice of Acceptance, ownership of the Works of Improvement shall vest in the City.
1.16. Developer's Obligation to Warn Public During Construction. Until recordation of the Notice of Acceptance, Developer 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, Developer shall provide forty-eight (48) hours' advance written notice to all neighboring property owners and tenants affected by Developer's operations or construction of the hours, dates and duration of any planned construction activities.
1.17. Injury to Public Improvements, Public Property or Public Utility. Until recordation of the Notice of Acceptance of the Works of Improvement, Developer assumes responsibility 01225.0006/367559.3
4 for the care and maintenance of, and any damage to, the Works of Improvements. Developer 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 Developer, prior to the recordation of the Notice of Acceptance. Developer 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.
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 recordation of the Notice of Acceptance of the work or improvements.
Time for Performance.
2.1. Commencement and Completion Dates. Subject to Sections 2.2 and 2.3 below, Developer 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 (i) 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 Developer has established good cause for an extension. As a condition of such extension, the City Engineer may require Developer 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 Developer 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 Developer's failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Developer 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, Developer 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 Developer 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. Force Majeure. Notwithstanding the provisions of Section 2.1, Developer's time for commencement and completion of the Works of Improvement shall be extended for the 01225.0006/367559.3
5 period of any enforced delay caused due to circumstances beyond the control and without the fault of Developer, including to the extent applicable adverse weather conditions, flood, earthquakes, strikes, lockouts, pandemics, acts or failures to act of a public agency (including City, required 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 Developer or its contractor detailing the grounds for Developer's claim to a right to extend its time for performance hereunder. The City Engineer shall evaluate all claims to Force Majeure and make a reasonable determination regarding the length of any extension of time for commencement and/or completion of the Works of Improvement and the City Engineer's decision shall be final.
2.4. Continuous Work After commencement of construction of the Works of Improvement (or separate portion thereof), Developer 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.
3. Labor.
3.1. Labor Standards. This Agreement is subject to, and Developer agrees to comply with, all of the applicable provisions of the Labor Code including, but not limited to, 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. Developer shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of the Works of Improvement.
3.2. Nondiscrimination. In accordance with the California Fair Employment and Housing Act ("FEHA"), California Government Code Section 12940 et seq., Developer agrees that Developer, its agents, employees, contractors, and subcontractor performing any of the Works of Improvement shall 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. Developer 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. Developer 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 Developer's contractors and subcontractors shall obtain a valid City of Chino business license prior to performing any work pursuant to this Agreement. Developer 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. Developer shall cause every contractor and subcontractor performing any of the Works of Improvement to carry Workers' Compensation 01225.0006/367559.3
6 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 Developer executes this Agreement, Developer 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"):
A Security Instrument securing Developer's faithful performance of all of the Works of Improvement ("Faithful Performance Security Instrument"), in the amount of $104,400.00 equal to 100% of the estimated construction cost referenced in Section 1.1.
(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 $52,200.00 equal to 50% of the estimated construction cost referenced in Section 1.1.
This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by 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 Notice of Completion, Developer shall deliver a Security Instrument warranting the work accepted for a period of one (1) year following said acceptance (Maintenance and Warranty Security Instrument"), in the amount of $10,400.00 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 requirements and 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 acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, 01225.0006/367559.3
7 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 Instruments which 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 Engineer of the City that Developer is in default under its payment or performance obligations hereunder or in the event Developer 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 assigning as security to City all of Developer'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.
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 Developer'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 Developer 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 Developer 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 shall be released by the City.
4.3. Developer's Liability. While no action of Developer shall be required in order for City to realize on its security under any Security Instrument, Developer agrees to cooperate with City to facilitate City's realization under any Security Instrument, and to take no action to 01225.0006/367559.3
8 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, Developer 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 the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. (b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Developer. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Developer 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 deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account.
4.5. Release of Security Instruments. The City shall release all Security Instruments consistent with Government Code Sections 66499.7 and 66499.8, Section 19.09.010 of the Chino Municipal Code, and as follows:
(a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred:
Developer has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (i) the Works of Improvement have been accepted;
(iii) Developer has delivered the Maintenance and Warranty Security Instrument; and
(iv) after passage of the time within which lien claims are required to be made pursuant to Title 3 (commencing with Section 9000) of 01225.0006/367559.3
9 Part 6 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 Security Instrument until such claims have been resolved, Developer has provided a statutory bond, or otherwise as required by applicable law.
(b) City shall release the Maintenance and Warranty Security Instrument upon Developer's written request upon the expiration of the warranty period, and settlement of any claims filed during the warranty period. (c) The City may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney's fees.
5. Cost of Construction and Provision of Inspection Service.
5.1. Developer Responsible for All Costs of Construction. Developer shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Developer 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 Developer and City prior to construction of the Works of Improvement.
5.2. Payment to City for Cost of Related Inspection and Engineering Services.
Developer 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, Developer 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 Developer 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, including without limitation, charges for applicable penalties and additional required inspections.
5.3. Payment of Development Impact Fees. Developer shall pay Development Impact Fees pursuant to and in accordance with Chino Municipal Code Chapter 3.40 and Chapter
3.45, as applicable.
6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the approvals for the Project, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement.
7. Warranty of Work. Developer 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 Improvement fail to fulfill any requirements of the Plans, Developer, within fifteen (15) days after written notice of such 01225.0006/367559 3
10 defects, or within such shorter time as may reasonably be 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 Developer 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 Developer. 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 Developer. Default by Developer shall include, but not be limited to:
(a) Developer's failure to timely commence construction of Works of Improvement under this Agreement;
(b) Developer's failure to timely complete construction of the Works of Improvement;
Developer's failure to perform substantial construction work for a period for 20 consecutive calendar days after commencement of the work; (d) Developer's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which Developer fails to discharge within 30 days;
(e) The commencement of a foreclosure action against the Property or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or Developer'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 default or breach of Developer's obligations under this Agreement. The City shall have the 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 Developer. 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 Developer's default shall be measured by the cost of completing the required improvements. The City may use the sums provided by the securities for the completion of the Works of Improvement in accordance with the plans. In the event the Developer fails to cure any default under this Agreement within 20 days after the City mails a notice of such default to the Developer and the Developer's surety, Developer authorizes the City to perform the obligation for which Developer is 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 Developer. In such event, City, without liability for doing so, may complete the Works of Improvement using any of Developer's materials, appliances, plans and other 01225.0006/367559.3
11 property that are at the work site and that are necessary to complete the Works of Improvement.
8.3. Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Developer hereunder, the Developer agrees that the choice of remedy or remedies for Developer'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.
8.4. Attorney's Fees and Costs. In the event that Developer fails to perform any obligation under this Agreement, Developer 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 Developer's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to 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.
8.5. Waiver. No waiver by the City of any breach or default by the Developer 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 Developer.
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 Developer, its agents, employees, contractors and subcontractors in the performance of this Agreement. Developer 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 Developer, its agents, employees, contractors and subcontractors in the performance of 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 construction of 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 Project, 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 01225.0006/367559.3
12 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 Developer submitted to the City Engineer before approval of the particular improvement design, 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 Developer shall remain obligated to eliminate any latent defect in design or dangerous condition caused by the design or construction defect for a period of one (1) year; however, Developer shall not be responsible for routine maintenance. It is the intent of this section that Developer shall be responsible for all liability for design and construction of the improvements installed or work done pursuant to this Agreement and that City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving or reviewing any work or construction. The improvement security shall not be required to cover the provisions of this Paragraph.
Developer 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.
10. Developer's Indemnity of Project Approval. Developer shall defend, indemnify, and hold harmless the City and its agents, officers, and employees from 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 Project. The City shall promptly notify the Developer of any claim, action, or proceeding and cooperate fully in the defense of any such claim, action, or proceeding. In the event City fails to promptly notify the Developer of any claim, action, or proceeding, or if the City fails to cooperate in the defense, the Developer shall not thereafter be responsible to 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. Developer shall not be required to pay or perform any settlement unless the settlement is approved by the Developer.
11. Insurance Requirements. Developer, at Developer'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:
Premises operations; including X, C, and U coverage;
(ii) Owners' and contractors' protection;
(iii) Blanket contractual;
01225.0006/367559.3
13 (iv) Completed operations; and
(V) Products.
Commercial Business Auto policy with a minimum $1 million combined single limit for bodily injury and property damage, providing all of the following minimum coverage without deductibles:
Coverage shall apply to any and all leased, owned, hired, or non- owned vehicles used in pursuit of any of the activities associated with this Agreement; and
(ii) Any and all mobile equipment including cranes which are not covered under the above Commercial Business Auto policy shall have said coverage provided under the Commercial General Liability policy.
(c) Workers Compensation and Employers' Liability policy in accordance with the laws of the State of California and providing coverage for any and all employees of the Developer:
(i) This policy shall provide coverage for Workers' Compensation (Coverage A); and
This policy shall provide coverage for $1,000,000 Employers' Liability (Coverage B).
(ii) Pursuant to Labor Code section 1861, Developer by executing this Agreement certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and / will comply with such provisions before commencing the performance of the work of this contract."
(iii) Prior to commencement of work, the Developer shall file with the City's Risk Manager a Certificate of Insurance or certification of permission to sette are Coders compensation conforming to the (d) Endorsements. All of the following endorsements are required to be made a part of each of the above-required policies as stipulated below:
"The City of Chino, its officers, employees and agents are 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, 01225.0006/367559.3
14 including any self- insured retention the City may have and any other insurance the City does possess shall be considered excess insurance only."
(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 increase the limit of the insuring company." (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 Developer 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 Developer'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, Developer 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 Developer are in violation of any environmental law, and neither the property to be dedicated nor the Developer 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 Developer nor any other person with Developer'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 01225.0006/367559.3
15 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 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, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies. (c) Developer 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) Developer'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. Developer 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) Developer'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 Developer's right, title, and interest in and to the Property and any portion thereof. Developer hereby consents to City recording this Agreement as official records of San Bernardino County, affecting fee title interest to the Property to provide constructive notice of the rights and obligations incurred by Developer in the City's approval of this Agreement. In the event the Property is subsequently conveyed by Developer to a third party prior to completion of the Works of Improvement, whereby the third party is intended to assume Developer's responsibilities with regard to this Agreement, (the "Replacement Developer"), the 01225.0006/367559.3
16 rights and obligations of this Agreement shall transfer to the Replacement Developer; however, the Security Instruments required pursuant to Section 4 of this Agreement, and furnished by Developer as a condition of the City's approval of this Agreement, shall remain Developer's responsibility to maintain until such time as Developer and its Replacement Developer enter into a Transfer and Assignment of Public Improvement Agreement, (the "Transfer Agreement"), to acknowledge the transfer of fee title to the Property from the Developer to its Replacement Developer, and to acknowledge the rights and obligations associated with this Agreement upon the Replacement Developer, including Replacement Developer'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 Developer and its Replacement Developer, and replacement Security Instruments meeting City's approval are furnished by the Replacement Developer, Developer 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 Developer 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 Developer of this Agreement shall not be construed to vest Developer's rights with respect to any change in any zoning or building law or ordinance.
13.4. Developer is Not Agent of City. Neither Developer nor Developer's agents, contractors, or subcontractors are agents or contractors of the City in connection with the performance of Developer's obligations under this Agreement.
13.5. Time of the Essence. Time is of the essence of Developer'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 Developers 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.
01225.0006/367559.3
17 13.8. Severability. If any portion of this Agreement is held invalid by 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 Agreement are 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 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.
or which 123. Countera sha Thie degreement migibe executed in one or more counterparts, all
14. Authority. The persons executing this Agreement on behalf of the parties warrant the (1) 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]
01225.0006/3675593
18 IN WITNESS WHEREOF, the City and the Developer have caused this Agreement to be executed the day and year first above written.
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
Fred Galante, City Attorney Nicholas S. Liguori, AICP
Development Services Director
DUNBAR HOLDINGS CHINO, LLC:
(Signature and Date)
Name: Steven Duvass
(Please type or print name)
Prendant
Title:
(Please type or print title)
CITY OF CHINO
&. Linda Reich, City Manager
Dated: 12-12-22
ATTEST:
Angela Robles, City Clerk
Dated: 12 • 12 2022
01225.0006/367559.3
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 October 18, 2022 before me, Justin Ryan Sur, Notary Public Here Insert Name and Title of the Officer
personally appeared Steven Dunbar
Name(s) of Signers)
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.
JUSTIN RYAN BUR
COMM. #2386388
NOTARY PUBLIC • CALIFORNA Signature
ORANGE COUNTY
..... My Commiesion Expires 04/23/2026 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: Signers) Other Than Named Above:
Capacity(ies) Claimed by Signers)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
L 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:
92014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 01225.0006/367559.3
EXHIBIT "A"
PL 18-0106 ADMINISTRATIVE APPROVAL
CHINO AVENUE (PUBLIC STREET)
SADDLE LANE (PUBLIC STREET)
EXISTING
BUILDING
STATE HIGHWAY 71 FREEWAY NEW
BUILDING -
ADDITION SCALE: 1" = 100'
LEGEND
STREET RIGHT
OF WAY -
PROPERTY & PREPARED BY:
ANNEXATION
BOUNDARY
SB COUNTY FLOOD 455 Puesta Del Sol
CONTROL EASEMENT Arroyo Grande, California 93420
(949) 387-7035 [email protected]
01225.0006/367559.3 A-1
EXHIBIT "B"
WORKS OF IMPROVEMENT
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. 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.
F. Underground installation of all electrical, telephone, cable television and any other energy or communication lines that abut or are within the project site.
G. A street lighting system (City-owned) in accordance with City Standards.
H. Disposal of all rocks and debris located within any public right-of-way within said development or on the boundary streets thereof.
I. Installation of concrete curbs, gutters, sidewalks, cross gutters, driveways and intersections as shown on approved construction plans and in accordance with City Standards.
J. 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.
K. Street signs at intersections per the City Standards.
L. Installation of approved landscaping (plants and materials).
M. Setting monuments as required by the State Code.
The Developer 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. 01225.0006/367559.3 B-1
RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PL 18-0106 (Off-Site) REVIEWED
LOCATION: 3415 Chino Avenue, Chino, CA
By: SP Consulting Group CITY OF CHINO ENGINEERING
BY Isidro Abreo _ DATE 10/4/2022
DATE: Revised 9/28/2022
Quantity Unit Item Unit Total Cost
Price Per Item
STREETS
EA Tree Removal 800.00 $
22 CY Concrete Removal 325.00 $ 7,150.00
35 CY AC Pavement Removal 100.00 $ 3,500.00
CY Imported Common Fill (Incl. Compaction) 34.00 $
3130 SF Preparation of Subgrade, Sidewalk and Paving $ 1.00 $ 3,130.00 94 LF PCC 8" Curb & 24" Gutter on 6" AB $ 26.00 $ 2,444.00 LF PCC 6" Curb & 24" Gutter on 6" AB $ 24.00 $
LF PCC Curb Only $ 20.00 $
LF 8" A.C. Berm $ 20.00 $
SF 8" PCC Cross Gutter on 6" AB $ 16.00 $ -
1540 SF 4" PCC Sidewalk $ 5.80 $ 8,932.00
SF 6" PCC Thick Drive Approach on 6" AB $ 12.50 $
1100 SF 8" PCC Thick Drive Approach on 6" AB $ 15.00 $ 16,500.00 LF 2" x 6" Redwood Header 7.50 $
EA Street Sign and Post $ 475.00 $
EA Traffic Sign and Post $ 400.00 $
EA Reflector Sign and Post $ 175.00 $
EA Painted Legend $ 6.50 $
368 SF Prime or Tack Coat $ 0.08 $ 29.44
50 TON AC Variable - <300T $ 130.00 $ 6,500.00
TON AC Variable - >300T $ 120.00 $ -
27 TON CAB Variable - <300T $ 100.00 $ 2,700.00
TON CAB Variable - >300T $ 90.00 | S
FOR BONDING PURPOSES
EngCostEstimate Page 1 of 10 Effective Date: January 1, 2021 RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PL 18-0106 (Off-Site)
LOCATION: 3415 Chino Avenue, Chino, CA
By: SP Consulting Group
DATE: Revised 9/28/2022
Quantity Unit Item Unit Total Cost
Price Per Item
STREETS
EA Adjust Storm Drain Manhole to Grade $ 950.00 $ 950.00 EA Adjust Sewer Cleanout to Grade $ 500.00
2 EA Adjust Water Valve and Can to Grade $ 525.00 $ 1,050.00 1 EA Street Light (City Owner) $ 7,700.00 $ 7.700.00
EA Electrical Pedestal $ 6,500.00 $
EA Lot Monument Setting Fee $ 550.00 $
184 LF Sawcut A.C. $ 3.00 $ 552.00
11 LF Sawcut Concrete $ 3.00 $ 33.00
376 SF Cold Plane A.C. 2" Thick $ 0.28 $ 105.28
LF Signing & Striping for
LF Arterial $ 19.00 $ -
Collector $ 13.00 $
Local $ 7.00 $
EA Traffic Signal (8 - Phase Controller) $ 350,000.00 $ EA Modify existing Traffic Signal per Quadrant 75,000.00 $ Chain tink Residential Grade (Ad S7.00LF for Removal
otE ho ence (Ad 59.00/LF for Removal of $ 25.00 $ -
Existing Fence) $ 35.00 $
EA Utility Poles
Transmission $ 11.500.00 $
Distribution $ 8,000.00 $
Service 3,000.00 | $
FOR BONDING PURPOSES
EngCostEstimate Page 2 of 10 Effective Date: January 1, 2021 RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PL 18-0106 (Off-Site)
LOCATION: 3415 Chino Avenue, Chino, CA
By: SP Consulting Group
DATE: Revised 9/28/2022
Quantity Unit Item Unit Total Cost
Price Per Item
STREETS
_andscape (Including shrubs, Hardscape, Irrigation
Ground Cover, Lighting, Installation Labor and Connectio 90 SF to Existing Systems) $ 15.00 $ 1,350.00
14 foot Median with Landscape, Irrigation, Lighting,
LF Hardscape, Curb, Gutter & Pavement 300.00 $
Rail Road Crossing
Safety Equipment (Complete Including Crossing
LS Gates, Signs, and Lights) $ 500,000.00 $
SF Track Crossing (Concrete) $ 175.00 $ -
SF Approach $ 4.00 $
EA S.W. Ramps (A.D.A. Compliant) $ 4,000.00 $
EA Traffic Signal Loops $ 600.00 $
LS Relocate Pedestrian Push Button $ 2,500.00 $
5 EA Adjust Pull Box to Grade 500.00 $ 2.500.00
36 LF Concrete Sidewalk with Curbs $ 45.00 $ 1,620.00
SF Grouted Rock Island Surface 10.00 $
25 TON 12" Full Depth AC Pavement $ 110.00 $ 2,750.00
4 TON Overlay 2" AC Pavement @ Join $ 5.00 $ 20.00
EA Parkway Drain - Modified to an Inlet 1$ 2,500.00| $ 2,500.00
STREETS
STREET SUBTOTAL $ 72.015.72
LS Mobilzation (5% of Construction Cost) 5% $ 3,600.79
LS Traffic Control (5% of Construction Cost) 5% $ 3,600.79 LS Clear & Grub Site (5% of Construction Cost) 5% $ 3,600.79 LS Excavation (Clean Material) (5% of Construction Cost) 5% $ 3,600.79 GRAND TOTAL STREETS ONLY $ 86,418.86
FOR BONDING PURPOSES
EngCostEstimate Page 3 of 10 Effective Date: January 1, 2021 RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PL 18-0106 (Off-Site)
LOCATION: 3415 Chino Avenue, Chino, CA
By: SP Consulting Group
DATE: Revised 9/28/2022
Quantity Unit Item Unit Total Cost
Price Per Item
WATER
LF Trench Support/Shoring (6 foot depth) 15.00 $
CY Pipe Bedding & Compaction (Imported) 90.00 $
6" Pipe & Fittings Installed, including excavation, bedding, LF backfill and pavement restoration $ 80.00 $ -
8" Pipe & Fittings Installed, including excavation, bedding, LF backfill and pavement restoration. $ 100.00 $ -
12" Pipe & Fittings Installed, including excavation,
LF bedding, backfill and pavement restoration $ 135.00 $ 18" Pipe & Fittings Installed, including excavation,
LF bedding, backfill and pavement restoration $ 175.00 $ LF Removal, Disposal of ACP and Backfill $ 150.00 $
EA 6" Gate Valve $ 2,000.00 $
EA 8" Gate Valve $ 2,600.00 $
EA 12" Gate Valve $ 4,500.00 $
EA 18" Gate Valve $ 7,500.00 $
EA Fire Hydrant Assembly per City Std. $ 7,500.00 $
EA Blow-off Assembly 4" per City Std $ 8,600.00 $
EA 2" Air Relief Assembly $ 4,500.00 $
EA 1" Water Service/Meter 3,500.00 $ -
EA 2" Water Service/Meter $ 4,500.00 $
WATER
WATER SUBTOTAL
LS Mobilzation (5% of Construction Cost) 5% $
LS Traffic Control (5% of Construction Cost) 5% S
GRAND TOTAL WATER ONLY $
FOR BONDING PURPOSES
EngCostEstimate Page 4 of 10 Effective Date: January 1, 2021 RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PL 18-0106 (Off-Site)
LOCATION: 3415 Chino Avenue, Chino, CA
By: SP Consulting Group
DATE: Revised 9/28/2022
Quantity Unit Item Unit Total Cost
Price Per Item
RECYCLED WATER
LF Trench Support/Shoring (6 foot depth) $ 15.00 $
CY Pipe Bedding (Imported) $ 90.00
6" Pipe & Fittings Installed, including excavation, bedding, LF backfill and pavement restoration $ 80.00 $
8" Pipe & Fittings Installed, including excavation, bedding.
LF backfill and pavement restoration. $ 100.00 $
12" Pipe & Fittings Installed, including excavation,
LF bedding, backfill and pavement restoration $ 135.00 $ - 18" Pipe & Fittings Installed, including excavation,
LF bedding, backfill and pavement restoration $ 175.00 $ EA 6" Gate Valve $ 2,000.00 $
EA 8" Gate Valve $ 2,600.00 $ -
EA 12" Gate Valve $ 4,500.00 $
EA 18" Gate Valve $ 7,500.00 $
EA Fire Hydrant Assembly per City Std $ 7,500.00 $
EA Blow-off Assembly 5" per City Std. $ 8,600.00 $
EA 2" Air Relief Assembly $ 4,500.00 $
EA 1" Water Service/Meter $ 3,500.00 $
EA 2" Water Service/Meter $ 4,500.00 $
RECYCLED WATER
RECYCLED WATER SUBTOTAL $ -
LS Mobilzation (5% of Construction Cost) 5% $
LS Traffic Control (5% of Construction Cost) 5% S
GRAND TOTAL RECYCLED WATER ONLY $
FOR BONDING PURPOSES
EngCostEstimate Page 5 of 10 Effective Date: January 1, 2021 RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PL 18-0106 (Off-Site)
LOCATION: 3415 Chino Avenue, Chino, CA
By: SP Consulting Group
DATE: Revised 9/28/2022
Quantity Unit Item Unit Total Cost
Price Per Item
SEWER
LF Trench Support/Shoring $ 15.00 $
4" V.C.P Installed, including excavation, bedding, backfill LF and pavement restoration $75.00 S
8" V.C.P Installed, including excavation, bedding, backfill LF and pavement restoration $93.00 S
10" V.C.P. Installed, including excavation, bedding,
LF backfill and pavement restoration $103.00 $
12" V.C.P. Installed, including excavation, bedding,
LF backfill and pavement restoration $123.00 $
15" V.C.P. Installed, including excavation, bedding,
LF backfill and pavement restoration $143.00 $ -
18" V.C.P. Installed, including excavation, bedding,
LF backtill and pavement restoration $163.00 $
21" V.C.P. Installed, including excavation, bedding.
LF backfill and pavement restoration $193.00 $
24" V.C.P. Installed, including excavation, bedding,
LF backfill and pavement restoration $208.00 $
EA Sewer Saddle $450.00 $ -
EA Wyes 4" x 8" Typical $225.00 $ -
EA 48" Sewer Manhole $4,700.00 | $
EA 60" Sewer Manhole $7,500.00 $ -
EA Sewer Cleanout $1,800.00 $
SEWER
SEWER SUBTOTAL $
Mobilization (5% of Construction Cost) 5% 5
LS Traffic Control (5% of Construction Cost) 5% 5
GRAND TOTAL SEWER ONLY $
FOR BONDING PURPOSES
EngCostEstimate Page 6 of 10 Effective Date: January 1, 2021 RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PL 18-0106 (Off-Site)
LOCATION: 3415 Chino Avenue, Chino, CA
By: SP Consulting Group
DATE: Revised 9/28/2022
Quantity Unit Item Unit Total Cost
Price Per Item
STORM DRAIN
LF 24" X 36" C.M.P.A. (10 Gauge) $ 230.00 $
LF 27" × 43" C.M.P.A (10 Gauge) 250.00 $
EA Storm Drain Manhole #1 $ 10,000.00 $
EA Junction Structure #2 (24" or larger) $ 8,850.00 $
EA Junction Structure #4 (24" or smaller) $ 4,000.00
EA Outlet Structure $ 7,000.00 $
EA Catch Basin 3.5' Width $ 7,200.00 $
EA Catch Basin 7' Width/L.D. $ 7,900.00
EA Catch Basin 10' Width/L.D $ 9,950.00 $
EA Catch Basin 14' Width/L.D. $ 11,000.00
EA Catch Basin 21' Width/L.D $ 13,000.00 $
18 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration $ 200.00 $
24 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 240.00 $ -
27 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration $ 260.00 $
30 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration $ 280.00 |
33 inch RCP Installed, including excavation, bedding,
$ 295.00 $
Bachi and pavement resorang excavation, beding.
LF ackfill and pavement restoratic $ 310.00 $
inch RCP Installed, including excavation, beddin
LF ackfill and pavement restoratior $ 320.00 S
2 inch RCP Installed, including excavation, bedding
LF ackfill and pavement restoratior 330.00 $
5 inch RCP Installed, including excavation, bedding
LF ackfill and pavement restoratior $ 360.00 $ -
18 inch RCP Installed, including excavation, bedding
LF backfill and pavement restoratior $ 385.00 $ -
4 inch RCP Installed, including excavation, bedding
LF ackfill and pavement restoratior $ 440.00 $
0 inch RCP Installed, including excavation, bedding
LF backfill and pavement restoration $ 500.00 $
FOR BONDING PURPOSES
EngCostEstimate Page 7 of 10 Effective Date: January 1, 2021 RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PL 18-0106 (Off-Site)
LOCATION: 3415 Chino Avenue, Chino, CA
By: SP Consulting Group
DATE: Revised 9/28/2022
Quantity Unit Item Unit Total Cost
Price Per Item
STORM DRAIN
66 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration $ 560.00
72 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 625.00 $
78 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration $ 690.00 $ -
84 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration $ 765.00 $ -
90 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration $ 830.00 $ -
96 inch RCP Installed, including excavation, bedding.
LF backfill and pavement restoration $ 920.00 $
102 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 1,000.00 $
108 inch RCP Installed, including excavation, bedding.
LF backfill and pavement restoration $ 1,075.00
7'x 6' RCB Installed, including excavation, bedding,
LF backfill and pavement restoration $ 700.00 $
7' x 8.5' RCB Installed, including excavation, bedding, LF backfill and pavement restoration $ 820.00 $
7' × 9.5' RCB Installed, including excavation, bedding, LF backfill and pavement restoration 870.00 $
8' × 11' RCB Installed, including excavation, bedding,
LF backfill and pavement restoration $ 1,000.00 $
8' x 13' RCB Installed, including excavation, bedding,
LF backfill and pavement restoration $ 1,100.00 $
9' × 9' RCB Installed, including excavation, bedding.
LF backfill and pavement restoration $ 1,000.00 $ -
9'x 12' RCB Installed, including excavation, bedding,
LF backfill and pavement restoration $ 1,100.00 $ -
4' x 6' RCB Installed, including excavation, bedding,
LF backfill and pavement restoration $ 680.00 $
STORM DRAIN
STORM DRAIN SUBTOTAL $
LS Mobilization (5% of Construction Cost) 5% $
Traffic Control (5% of Construction Cost) 5% S
GRAND TOTAL STORM DRAIN ONLY $
FOR BONDING PURPOSES
EngCostEstimate Page 8 of 10 Effective Date: January 1, 2021 RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PL 18-0106 (Off-Site)
LOCATION: 3415 Chino Avenue, Chino, CA
By: SP Consulting Group
DATE: Revised 9/28/2022
Quantity Unit Item Unit Total Cost
Price Per Item
DIRECT COSTS GRAND TOTAL STREETS ONLY $ 86,418.86
GRAND TOTAL WATER ONLY $
GRAND TOTAL RECYCLED WATER ONLY $
GRAND TOTAL SEWER ONLY $
GRAND TOTAL STORM DRAIN ONLY
GRAND TOTAL (FOR PLAN CHECK & INSPECTION FEE
DETERMINATION) $ 86,418.86
PROJECT ADDITIVES Project Contingencies 10% $ 8,641.89
Construction Staking $ 2,592.57
Soils Testing 1% $ 864.19
Material Testing 1% $ 864.19
Construction Inspection 4.8% $ 4,148.11
Contract Administration 1% 864.19
GRAND TOTAL (FOR BOND AMOUNTS) $ 104,393.99
FOR BONDING PURPOSES
EngCostEstimate Page 9 of 10 Effective Date: January 1, 2021 RESOLUTION NO 2020-080
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PL 18-0106 (Off-Site)
LOCATION: 3415 Chino Avenue, Chino, CA
By: SP Consulting Group
DATE: Revised 9/28/2022
Quantity Unit Item Unit Total Cost
Price Per Item
BY ENGINEER
Prepared By: Thomas A. Petersen
R.C.E. Number: 35275
Expiration: 9/30/2023
* *
STATE OF CALFORE CIVIL
9/28/2022
Thank
Place R.C.E. Stamp and Signature Here (required)
BY CITY
Faithful Performance Bond (100% of Construction Cost) $ 104,400.00 Labor & Material Bond (50% of Construction Cost) $ 52,200.00 Warranty Bond (10% of Construction Cost) $ 10,400.00
REVIEWED
CITY OF CHINO ENGINEERING
BY Isidro Abreo DATE 10/4/2022
FOR BONDING PURPOSES
EngCostEstimate Page 10 of 10 Effective Date: January 1, 2021 EXHIBIT "C"
DUNBAR HOLDINGS CHINO, LLC
ENVIRONMENTAL WARRANTY
As a condition precedent to acceptance of the dedications and public improvements to be conveyed by the above-named Developer to the City of Chino for the above-referenced Subdivision, Developer hereby warrants to the City of Chino that:
1. Neither the property to be dedicated nor Developer are in violation of any environmental law, and neither the property to be dedicated nor the Developer 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 Developer nor any other person with Developer'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, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies.
3. Developer 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. Developer'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 Developer hereby represents and warrants, that the signators hereto have the legal power, right and authority to execute this warranty on behalf of the Developer 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 Developer'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 Developer to the City of Chino.
01225.0006/367559.3 C-1
Each of the undersigned persons declares under penalty of perjury that the foregoing is true and correct.
Dates: 10/17/2022
DUNBAR HOLDINGS CHINO, LLC
*Proof of authorization for Developer's signatures is required to be submitted concurrently with this environmental warranty.
01225.0006/367559.3 C-2
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 Orange
October 1, 2022 before me Ming 4. Cutter, netary Public personally appeared steven Voglez Dunbar
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.
MINDY L. CUTLER
WITNESS my hand and official seal. Notary Public - California Orange County
Commission #2413010
My Comm. Expires Aug 15, 2026
Signature huytro (Seal)
Capitol Indemnity Corporation
1600 Aspen Commons, Middleton, WI 53562
CHANGE RIDER
Bond No. CIC1928555
Date of Bond November 3, 2022
Principal Dunbar Holdings Chino, LLC
Obligee City of Chino
Nothing herein contained shall be held to vary, waive, alter or extend any of the terms, conditions, agreements or warranties of the above captioned bond, other than as stated below.
This Rider is effective November 3, 2022 and is to be attached to and form a part of the above captioned bond.
This Rider is issued on behalf of Dunbar Holdings Chino, LLC as Principal, in favor of the Obligee stated above.
In consideration of the premium charged, it is understood and agreed, on or after the effective date as set forth herein, the Surety consents to:
Change Bond Number:
From: CIC1928555
To: CIC1928558
Said change is applicable only to acts or omissions on or after the effective date as set forth herein.
Provided, however, that the liability of the Surety under the attached bond as changed by this Rider shall in no event be cumulative.
Signed, sealed and dated on November 15, 2022.
Capitol Indemnity Corporation
Todd A. Str
By: _
Todd A. Stein, Attorney-in-Fact
Accepted:
By:
Date: —
SEN 001(07-08) Copyright 2008, Capitol Transamerica Corporation Page 1 of 1 CAPITOL INDEMNITY CORPORATION CIC1928558
POWER OF ATTORNEY Bond Number
KNOW ALL MEN BY THESE PRESENTS, That the CAPITOL INDEMNITY CORPORATION, a corporation of the State of Wisconsin, having its principal offices in the City of Middleton, Wisconsin, does make, constitute and appoint - MARK LEVINSON; RUTH M. PELL; TODD A. STEIN; KELLEY J. WISOR; MARY E. BRENNER-MILLER--. its true and lawful Attorneys)-in-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of
-- ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED: $20,000,000.00-- This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held on the 15th day of May, 2002. "RESOLVED, that the President, Executive Vice President, Vice President, Secretary or Treasurer, acting individually or otherwise, be and they hereby are granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings, and other writings obligatory in the nature thereof, one or more resident vice-presidents, assistant secretaries and attorneys)-in-fact, each appointee to have the powers and duties usual to such offices to the business of this company; the signature of such officers and seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any of said officers, at any time." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportatior making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
IN WITNESS WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by its officer undersigned and its corporate seal to be hereto affixed duly attested, this 1st day of January, 2020.
Attest: ) CAPITOL INDEMNITY CORPORATION
CORPORATA
Ryan J. Byrnes ) J.
Senior Vice President,
Chief Financial Officer and Treasurer SEAL John L. Sennott, Jr.
Chief Executive Officer and President
Suzanne n Broadbent
WISCONS#*
Suzanne M. Broadbent
Assistant Secretary
STATE OF WISCONSIN
COUNTY OF DANE S.S.:
On resides in of County of fare ord rately Connecticut Sane is he keive her any dens A D he resides in the County of Hartford, and President of CAPITOL INDEMNITY CORPORATION, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order.
AND 1. RECEN Dail 4. Regele
NOTARL
David J. Regele
Notary Public, Dane Co., W
STATE OF WISCONSIN
S.S.: My Commission Is Permanen
COUNTY OF DANE
Signed and sealed at the City of Middletoh, State of Wisconsin this_ 15 . day of_ November _20 22
ORPORAT
SEAL
* HASCONSP• Andrew B. Diaz-Matos
Senior Vice President, General Counsel and Secretary
THIS DOCUMENT HAS BEEN / GENERATED FOR A SPECIFIC BOND. IF YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT CALL 800-475-4450.
CIC-ePOA-M (Rev. 01-2020)
Bond No.: _CIC1928555
Contract No.:
Approved:
FAITHFUL PERFORMANCE BOND
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as "CITY" and
DUNBAR HOLDINGS CHINO, LLC
•PRINCIPAL, have entered into an agreement whereby Principal agrees to install and coriple certain designated Proic No. PAL 8-0106 (ch said agreement, dated h _ is hereby referred to and made a part hereo, an identited as 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 Capitol Indemnity Corporation - as surety, are held and firmly bound unto the City of Chino in the penal sum of One Hundred Four Thousand Four Hundred Dollars ($104,400.00 ) 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 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 November 3, 2022
DUNBAR HOLDINGS CHINO, LLC Capital Indemnity Corporation
PRINCIPAL SURETY
By: CoddA Ste
Todd A. Stein Attorney-in-fact
SIGNATURES MUST BE NOTARIZED
Rev. 04/2019) Page 1 of 1
CAPITOL INDEMNITY CORPORATION CIC1928555
POWER OF ATTORNEY Bond Number
KNOW ALL MEN BY THESE PRESENTS, That the CAPITOL INDEMNITY CORPORATION, a corporation of the State of Wisconsin, having its principal offices in the City of Middleton, Wisconsin, does make, constitute and appoint -- MARK LEVINSON; RUTH M. PELL; TODD A. STEIN; KELLY J. WISOR; MARY E. BRENNER-MILLR.......... nds, undertakings and contracts of suretyship, pro
exceed in amount the sum of
-- ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED: $20,000,000.00….. his Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board o Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held on the 15th day of May, 200:
icsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking or other writing obligatory in the natur hereof to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any of said officers, at any time In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
IN WITNESS WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by its officer undersigned and its corporate seal to be hereto affixed duly attested, this 1st day of January, 2020.
Attest: CAPITOL INDEMNITY CORPORATION
CORPORAT 2lZ SundE
Ryan J. Byrnes
Senior Vice President,
Chief Financial Officer and Treasurer SEAL John L. Sennott, Jr.
Chief Executive Officer and President
Suzanne n Broadbent
Suzanne M. Broadbent
Assistant Secretary
STATE OF WISCONSIN
COUNTY OF DANE S.S.:
On the Ist day of January, 2020 before me personally came John L. Sennott, Jr., to me known, who being by me duly sworn, did depose and say: that he resides County of Hartford, State of Connecticut; that he Chief Executive Officer President of CAPITOL INDEMNITY CORPORATION, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order.
Danal 4. Ragele
POTARL
David J. Regele
Notary Public, Dane Co., WI
STATE WISCONSIN S.S: My Commission Is Permanent
COUNTY OF DANE
I tored to mad, dis celet, Do HER CEr i to or on Afraid one or Alone ris i we and a poin evoked; and furthermore, that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in forc Signed and sealed at the City of Middleton, State of Wisconsin this_ 3 _ day of. November 20 22 ДАРоВіТ
SEAL
Andrew B. Diaz-Matos
Senior Vice President, General Counsel and Secretary
THIS DOCUMENT HAS BEES GENERATED FOR A SPECIFIC BOND. IF YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT CALL 800-475.4450. CIC-POA-M (Rev. 01-2020)
ROCONSI
Bond # CIC1928555
INDIVIDUAL OR PARTNERSHIP ACKNOWLEDGEMENT
STATE OF
COUNTY OF _} sS
_ 20 _ before me,
› me known to be the person (s) described in and who executed the foregoing instrument, as Principal (s), and acknow dged to me that they executed the same as their free act and dee Notary Public
County, _
(Notarial Seal) My commission expires
CORPORATE ACKNOWLEDGEMENT
STATE OF
COUNTY OF } ss
On the day of ,20 before me,
personally appeared
to me known, who being by me duly sworn, did depose and say: that he resides in and that he is the of the
the ser oration do said ed ian i she could te engain veroet ted ly order the bare and cors of seid or-. poration: and that he signed his name thereto by like order.
Notary Public
County,
My Commission expires
ACKNOWLEDGMINT OF CORPORATE SURETY
STATE OF Ohio
COUNTY OF Cuyahoga }ss
On the day of November. 2022, before me,
appeared Todd A. Stein
of directors: and the aforesaid afficer acknowledged said instrument to be the free act and deed of the surety company. talkuson
Notary Public Sarah Dawn Fulkerson
County, Cuvahoga
My commission expires 1/24/2026
COMM EXP: JAN STATE •зно
• •
STATE OF CALIFORNIA :
DEPARTMENT OF INSURANCE N° 08590
SAN FRANCISCO
Certificate of Authority
THIS IS TO CERTIFY THAT, Pursuant to the Insurance Code of the State of California, Capitol Indemnity Corporation
Wisconsin , organized under the
laws of Wisconsin , subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within the State, subject to all provisions of this Certificate, the following classes of insurance:
Fire, Marine, Surety, Disability, Plate Glass, Liability, Boiler and Machinery, Burglary, Sprinkler, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California.
THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or muy hereufter he changed or amended.
IN WITNESS WHEREOF, effective as ofthe 24th....
day of September -, 2008 -, I have hereunto
set my hand and caused my official seal to be affixed this 24th _ day ofSeptember 2008
Steve Poizner
By
Chief Deputy
NOTICE:
Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance of this Certificute of Authority. Failure to do so will be a violation of Insurance Code Section 701 and will be grounds for revoking this Certificato of Authority pursuant to the convonants made in the application therefor and the conditions contained herein.
120 030 00 39391
FORMORA
CAPITOL INDEMNITY CORPORATION
BALANCE SHEET
December 31, 2021
Admitted Assets
Cash and Invested assets:
Bonds $ 618,141,054
Common stocks 157,173,176
Cash, cash equivalents and short-term investments 57,267,137 Total cash and invested assets 832,581,367
nvestment income due and accrue 3,116,067
Incollected premiums and agents' balances in course of collectior 48,153,845 Deferred premiums, agents' balances and installments booked but deferred and not yet due 7,477,730 Amounts recoverable from reinsurers 5,024,047
Other amounts receivable under reinsurance contracts 208,405 Net deferred tax asset 15,886,386
Electronic data processing equipment and software 1,575,488 Receivables from parent, subsidiaries and affiliates 4,168,378 Other admitted assets 612,440
Total admitted assets $ 918,804,153
Liabilities and Surplus as Regards Policyholders
Liabilities:
Losses $ 336,642,620
Reinsurance payable on paid losses and loss adjustment expenses 25,798,000 Loss adjustment expenses 61,286,658
Commissions payable, contingent commissions and other similar charges 442,074 Other expenses (excluding taxes, licenses and fees) 10,687,529 Taxes, licenses and fees (excluding federal and foreign income taxes) 35,705 Current federal and foreign income taxes 257,424
Unearned premiums 148,846,891
Advance premium 5,657
Ceded reinsurance premiums payable (net of ceding commissions) 7,819,842 Amounts withheld or retained by company for account of others 12,618,389 Payable to parent, subsidiaries and affiliates 11,427,656 Other liabilities 890,743
Total labilities 616,759,188
Surplus as regards policyholders:
Common capital stock 4,201,416
Gross paid in and contributed surplus 103,923,753
Unassigned funds (surplus) 193,919,796
Surplus as regards policyholders 302,044,965
Total liabilities and capital and surplus $ 918,804,153 1,John L. Sennott Jr., CEO and President of Capitol Indemnity Corporation do hereby certify that to the best of my knowledge and belief, the foregoing is a full and true statutory Staterent of Admitted Assets and Liabilities, Capital and Surplus of the Operation at December 31, 2021, prepared in conformity with the accounting practices prescribed by the Insurance Department of the State of Wisconsin. IN WITNESS WHEREOF, I have set my hand and affixed the seal of the Corporation at Middleton, Wisconsin.
John L. Sennott Jr
CEO & President
I CORPORATE
E
SEAL
ACKNOWLEDGMENT
State of California
County of Orange
On November 07, 2022 before me, Justin Ryan Sur, Notary Public (insert name and title of the officer)
personally appeared Steven Dunbar -
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. JUSTIN RYAN SUR
COMM. #2356368
NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
alon Expiros 04/23/2035
Signature (Seal)
Bond No: CIC1928556
Contract No.:
Approved:
LABOR AND MATERIAL BOND
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as "CITY" and DUNBAR HOLDINGS CHINO, LLC as
*PRINCIPAL, haventered nto an agreement whereby Principal agrees to install and complete ce in disin led public improvements, which said agreement, dated
Project No. PL18-0106 (AA) - 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.
OW, THEREFORE, said Principal and the undersigned, as corporate surety, are held and firmly boun into the City of Chino, and all contractors, subcontractors, laborers, material, men, and other persons employed i the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Fifty Two Thousand Two Hundred Dollars ($52,200.00)
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 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 November 3. 2022
DUNBAR HOLDINGS CHINO, LLC Capitol Indemnity Corporation
PRINCIPAL SURETY
odd A. Ste
Todd A. Stein Attorney-in-fact
SIGNATURE(S) MUST BE NOTARIZED
Rev. 04/2019) Page 1 of 1
CAPITOL INDEMNITY CORPORATION _CIC1928556
POWER OF ATTORNEY Bond Number
KNOW ALL MEN BY THESE PRESENTS, That the CAPITOL INDEMNITY CORPORATION, a corporation of the State of Wisconsin, having its principal offices in the City of Middleton, Wisconsin, does make, constitute and appoint - MARK LEVINSON; RUTH M. PELL; TODD A. STEIN; KBLLEY]. WISOR; MARY E. BRENNER-MILL.. its true and lawful Attorncys)-in-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed, any and al bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of
-- ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED: $20,000,000.00-- This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held on the 15th day of May, 2002.
RESOLVED, that the President, Executive Vice President, Vice President, Secretary or Treasurer, acting individually or otherwise, be and they hereb e granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertaking id other writings obligatory in the nature thereof, one or more resident vice-presidents, assistant secretaries and attorney (s)-in-tact, each appointee ave the powers and duties usual to such offices to the business of this company; the signature of such officers and seal of the Company may be affix to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by facsimile signatures and therei to which it stacied y sding apon the may ay revoked, for cause, or without cause, by any or sat of or a ar ice obligatory in the nature In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
IN WITNESS WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by its officer undersigned and its corporate seal to be hereto affixed duly attested, this 1st day of January, 2020.
Attest: CAPITOL INDEMNITY CORPORATION
Ryan J. Byrnes 27 Sus
Senior Vice President,
SEAL John L. Sennott, Jr.
Chief Financial Officer and Treasurer
Chief Executive Officer and President
Suzanne on Broadband
Suzanne M. Broadbent
Assistant Secretary
STATE OF WISCONSIN
COUNTY OF DANE S.S.:
On the 1st day of January, 2020 before me personally came John L. Sennott, Jr., to me known, who being by me duly swor, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is Chief Executive Officer and President of CAPITOL INDEMNITY CORPORATION, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order.
Danal 4. Regele
NOTARL
VELO David J. Regel
Notary Public, Dane Co., W
STATEOR WISCONSIN S.S: SATE OF VIS My Commission Is Permanent
COUNTY OF DANE
I, the undersigned, duly elected to the office stated below, now the incumbent in CAPITOL INDEMNITY CORPORATION, a Wisconsin Corporation, horized to make this certificate, DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has not b oked; and furthermore, that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in fo Signed and sealed at the City of Middleton, State of Wisconsin this _ day of_ November _ 20 22 With, COPOKATA
Andrew B. Diaz-Matos
Senior Vice President, General Counsel and Secretary
THIS DOCUMENT HAS BEEN CENTRATED FOR A SPECIFIC BOND IF YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT CALL 800476-4450: CIC-ePO.4-M (Rev. 01-2020) *SCONSI
Bond # CIC1928556
INDIVIDUAL OR PARTNERSHIP ACKNOWLEDGEMENT
STATE OF
COUNTY OF } ss
On the _ day of _ _. 20. _ before me,
a Notary Public within and for said county, personally appeared, o ine known to be the person (s) described in and who executed the foregoing instrument, as Priacipal (s), and acknowl dged to me that they executed the same as their free act and dees Notary Public_
(Notarial Seal) My nay ision explies.
CORPORATE ACKNOWLEDGEMENT
STATE OF
COUNTY OF }ss
On the day of 20 before me,
personally appeared
to me known, who being by me duly sworn, did depose and say: that he resides in and that he is the of the
the corporation described in and which executed the foregoing instrument: that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said cor- poration: and that he signed his name thereto by like order.
Notary Public
County,
My Commission expires
ACKNOWLEDGMENT OF CORPORATE SURETY
STATE OF Ohio
COUNTY OF Cuyahoga } ss
On the day of November. _ 2022_, before me,
appeared Todd A. Stein
to me personally kaown, who being by me duly sworn, did say that he is the aforesaid officer or attorney-in-fact of the surety company; that the seal affixed to the foregoing instrument is the corporate seal of the surety company, and thai said instrument was signed and sealed in behalf of the surety company by the aforesaid officer, by authority of its board of directore and the aforesaid officer acknowledged said instrument to be the free act and deed of the surety company.
Falkesser
Notary Public Sarah Dawn Fulkerson
County, Cuyahoga.
My commission expires 1/24/2026
COLM EXP: JAN 3 STATE оніо
STATE OF CALIFORNIA :
DEPARTMENT OF INSURANCE N° 08590
SAN FRANCISCO
Certificate of Authority
THIS IS TO CERTIFY THAT, Pursuant to the Insurance Code of the State of California, Capitol Indemnity Corporation
of Wisconsin , organized under the
laws of Wisconsin , subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within the State, subject to all provisions of this Certificate, the following classes of insurance:
Fire, Marine, Surety, Disability, Plate Glass, Liability, Boiler and Machinery, Burglary, Sprinkler, and Miscellaneous as such classes are now or may hereafter be deftned in the Insurance Laws of the State of California.
THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereufter be changed or amended.
IN WITNESS WHEREOF, effective as of the -..24th
day of September 2008 -, I have hereunto
set my hand and caused my official seal to be affixed this 24th - day of September 2008
Steve Poizner
By
Chief Deputy
NOTICE:
ualification with the Secretary of State must be accomplished as required by the California Corporations Code promptl ter issuance of this Certificate of Authority. Failure to do so will be a violation of Insurance Code Section 701 and will t grounds for revoking this Certificate of Authority pursuant to the convenants made In the application therefor and the conditions contained herein.
HORM CB-3 (Aig OSP 00 30301
CAPITOL INDEMNITY CORPORATION
BALANCE SHEET
December 31, 2021
Admitted Assets
Cash and invested assets:
Bonds 618,141,054
Common stocks 157,173,176
Cash, cash equivalents and short-term investments 57,267,137 Total cash and invested assets 832,581,367
nvestment income due and accrue 3,116,067
Incollected premiums and agents' balances in course of collectior 48,153,845 Amoured recoverable from reinsures and installments booked but defered and not yet due 7,477,730 5,024,047
Other amounts receivable under reinsurance contracts 208,405 Net deferred tax asset 15,886,386
ectronic data processing equipment and softwa 1,575,488 ceivables from parent, subsidiaries and affilla 4,168,378 ther admitted asset 612,440
Total admitted asset $ 918,804,153
Liabilities and Surplus as Regards Policyholders
Liabilities:
Losses $ 336,642,620
Reinsurance payable on paid losses and loss adjustment expenses 25,798,000 Loss adjustment expenses 61,286,658
Commissions payable, contingent commissions and other similar charges 442,074 Other expenses (excluding taxes, licenses and fees) 10,687,529 Taxes, licenses and fees (excluding federal and foreign income taxes) 35,705 Current federal and foreign income taxes 257,424
Unearned premiums 148,846,891
Advance premium 5,657
Ceded reinsurance premiums payable (net of ceding commissions) 7,819,842 Amounts withheld or retained by company for account of others 12,618,389 Payable to parent, subsidiaries and affiliates 11,427,656 Other liabilities 890,743
Total liabilities 616,759,188
Surplus as regards policyholders:
Common capital stock 4,201,416
Gross paid in and contributed surplus 103,923,753
Unassigned funds (surplus) 193,919,796
Surplus as regards policyholders 302,044,965
Total liabilities and capital and surplus $ 98.804,153
, John L. Sennott Jr., CEO and President of Capitol Indemnity Corporation do hereby certify that to the best of my knowledge and belief, the foregoing is a full and true statutory Statement of Admitted Assets and Liabilities, Capital and Surplus of the Operation at December 31, 2021, prepared in conformity with the accounting practice:
prescribed by the Insurance Department of the State of Wisconsin. IN WITNESS WHEREOF, I have set my hand and affixed the seal of the Corporation at Middleton, Wisconsin.
John L. Sennott Jr
CEO & President
TODLETON.
ACKNOWLEDGMENT
A notary public or other officer completing this
State of California
County of Orange
On November 07, 2022 before me, Justin Ryan Sur, Notary Public (insert name and title of the officer)
personally appeared Steven Dunbar -
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. JUSTIN RYAN BUR
COMM. #2356368
NOTARY PUBLIC - CALIFORNU
OFLANGE COUNTY
alon Expines 04/23/20253
Signature (Seal)
Bond No.: CIC1928557
Contract No.:
Approved:
WARRANTY BOND
"CITY" and DUNBAR HOLDINGS CHINO, LLC
agreement, dated
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 Capitol Indemnity Corporation _ as surety, are held and firmly bound unto the City of Chino in the penal sum of Ten Thousand Four Hundred - Dollars ($10,400.00 _ 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 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 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 November 3, 2022
DUNBAR HOLDINGS CHINO, LLC Capitol Indemnily Corporation
PRINCIPAL SURETY
By: By: St
Attorney-in-fact
SIGNATURE(S) MUST BE NOTARIZED
Rev. 04/2019) Pago 1 of 1
CAPITOL INDEMNITY CORPORATION CIC1928557
POWER OF ATTORNEY Bond Number
KNOW ALL MEN BY THESE PRESENTS, That the CAPITOL INDEMNITY CORPORATION, a corporation of the State of Wisconsin, having its principal offices in the City of Middleton, Wisconsin, does make, constitute and appoint ..- MARK LEVINSON; RUTH M. PELL; TODD A. STEIN; KELLEY J. WISOR; MARY E. BRENNER-MILLER-. s true and lawful Attorneys)-in-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed, any and a onds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority sha exceed in amount the sum of
- ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED: $20,000,000.00- This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held on the 15th day of May, 2002. have the powers and duties usual to such offices to the business of this company; the signature of such officers and seal of the Company may be affixed o any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimil gnatures or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by facsimile signatures ar thereof to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any of said officers, at any time." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts requined by then a the final edi ap othe Contre or and orit as signal, shal not old i surely to pay ate ry of is da learns under is bontation IN WITNESS WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by its officer undersigned and its corporate seal to be hereto affixed duly attested, this 1st day of January, 2020.
Attest: J CAPITOL INDEMNITY CORPORATION
CORPORALA
Ryan J. Byrnes
Senior Vice President,
Chief Financial Officer and Treasurer (SEAL John L. Sennott, Jr.
Chief Executive Officer and President
Suzanne n Broadbent
Suzanne M. Broadbent
Assistant Secretary
STATE OF WISCONSIN
COUNTY OF DANE S.S.:
On the 1st day of January, 2020 before me personally came John L. Sennott, Jr., to me known, who being by me duly sworn, did depose and say: that he resides County of Hartford, State Connecticut; that he is Chief Executive Officer and President of CAPITOL INDEMNITY OTD.. REGRE Dail 4. Regele
NOTARL
David J. Regele
Notary Public, Dane Co., WI
My Commission Is Permanent
COUNTY OF DANE
I, the undersigned, duly elected to the office stated below, now the incumbent in CAPITOL INDEMNITY CORPORATION, a Wisconsin Corporation, revoked, a to furthermore, that to Resolution oF Be Board or Directors, ef forth in the over of Atomy is nov in fories in fill force and has not beeri Signed and sealed at the City of Middleton, State of Wisconsin this_ day of November , 20 22
CORPORATE
SEAL
CONTORATE
• 66300 SA* Andrew B. Diaz-Matos
Senior Vice President, General Counsel and Secretary
THIS DOCUMENT HAS TREE: CANERAPED FOR! SPECIFIC BOND. IF YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT CALL, 800:475-4650.** CIC-ePOA-M (Rev. 01-2020) SCENSE
Bond # CIC1928557
INDIVIDUAL OR PARTNERSHIP ACKNOWLEDGEMENT
STATE OF
COUNTY OF 3 ss
On the. - day of _ - 20 _ before me,
a Notary Publie within and for said county, personally appeared, me known to be the person (s) described in and who executed the foregoing instrument, as Principal (s), and acknow dged to me that they executed the same as their free act and dee Notary Public_
(Notarial Seal)
CORPORATE ACKNOWLEDGEMENT
STATE OF
COUNTY OF }ss
On the day of - before me,
personally appeared
to me known, who being by me duly sworn, did depose and say: that he resides in and that he is the _of the
oration: and that he signed his name thereto by like order Notary Public
County,
My Commission expires
ACKNOWLEDGMENT OF CORPORATE SURETY
STATE OF Ohio
COUNTY OF Cuyahoga _IsS
On the day of November 2022, before me,
appeared Todd A. Stein
of directors: and the aforesaid officer acknowledged said instrument to be the free act and deed of the surety company.
Sarah dun Filtersn
.... ... Notary Public Sarah Dawn Fulkerson
County,_ Cuyahoga
My commission expires 1/24/2026
STATE
STATE OF CALIFORNIA :
DEPARTMENT OF INSURANCE NO 08590
SAN FRANCISCO
Certificate of Authority
THIS IS TO CERTIFY THAT, Pursuant to the Insurance Code of the State of Callfornia, Capitol Indemnity Corporation
of Wisconsin , organized under the
laws of Wisconsin , subject to its Articles of Incorporation or other fundamental organizational documents, is heruby authorized tu transact within the State, subject to all provisions of this Certificate, the following classes of insurance:
Fire, Marine, Surety, Disability, Plate Glass, Liability, Boiler and Machinery, Burglary, Sprinkler, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California.
THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter he changed or amended.
IN WITNESS WHEREOF, effective as of the.. 24th.
day of September -, _2008, I have hereunto
set my hand and caused my official seal to be affixed this 24th _ day of September 2008
By
Chief Deputy
NOTICE:
Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly ufter issuance of this Certificate of Authority. Failure to do so will be a violation of Insurance Code Section 701 and will be grounds for revoking this Certificate of Authority pursuant to the convenants made in the application therefor and the conditions contained herein.
639) OSP 00 39391
CAPITOL INDEMNITY CORPORATION
BALANCE SHEET
December 31, 2021
Admitted Assets
Cash and invested assets:
Bonds $ 618,141,054
Common stocks 157,173,176
Cash, cash equivalents and short-term investments
57,267,137
Total cash and invested assets 832,581,36
Investment income due and accrued 3,116,067
Uncollected premiums and agents' balances in course of collection 48,153,845 Deferred premiums, agents' balances and Installments booked but deferred and not yet due 7,477,730 Amounts recoverable from reinsurers 5,024,047
Other amounts receivable under reinsurance contracts 208,405 Net deferred tax asset 15,886,386
Electronic data processing equipment and software 1,575,488 Receivables from parent, subsidiaries and affiliates 4,168,378 Other admitted assets
612,440
Total admitted assets $ 918,804,153
Liabilities and Surplus as Regards Policyholders
Liabilities:
Losses $ 336,642,620
Reinsurance payable on paid losses and loss adjustment expenses 25,798,000 Loss adjustment expenses 61,286,658
Commissions payable, contingent commissions and other similar charges 442,074 Other expenses (excluding taxes, licenses and fees) 10,687,529 Taxes, licenses and fees (excluding federal and foreign income taxes) 35,705 Current federal and foreign income taxes 257,424
Unearned premiums 148,846,891
Advance premium 5,657
Ceded reinsurance premiums payable (net of ceding commissions) 7,819,842 Amounts withheld or retained by company for account of others 12,618,389 Payable to parent, subsidiaries and affiliates 11,427,656 Other labilities 890,743
Total liabilities 616,759,188
Surplus as regards policyholders:
Common capital stock 4,201,416
Gross paid in and contributed surplus 103,923,753
Unassigned funds (surplus) 193,919,796
Surplus as regards policyholders
Total liabilities and capital and surplus
1, John L. Sennott Jr., CEO and President of Capitol Indemnity Corporation do hereby certify that to the best of my knowledge and belief, the foregoing is a full and true statutory Statement of Admitted Assets and Liabilities, Capital and Surplus of the Operation at December 31, 2021, prepared in conformity with the accounting practices prescribed by the Insurance Department of the State of Wisconsin. IN WITNESS WHEREOF, I have set my hand and affixed the seal of the Corporation at Middleton, Wisconsin.
John L. Sennott Jr
CEO & President
ACKNOWLEDGMENT
A notary public or other officer completing this
State of California Orange
County of
On November 07, 2022 before me, Justin Ryan Sur, Notary Public (insert name and title of the officer)
personally appeared Steven Dunbar -
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. JUSTIN RYAN SUR
COMM. #2356388
NOTARY PUBLIC - CALIFORMA %
ORANGE COUNTY
... My Commiesion Expiree 04/23/2026
Signature (Seal)