AGREEMENT FOR PUBLIC IMPROVEMENTS FOR T36634 FULLERTON AND TABER -
SEWER AND WATER
DWG19-041 U - PWIM2020-0034
Non-Master Plan Improvements
This Agreement is made and entered into as of this 2
nd day of April 2025, by and between the City of Corona, a municipal corporation (hereinafter referred to as "City"), and POPPYBEND LLC, a California limited liability company with its principal offices located at, 18340 Yorba Linda Boulevard Suite 107-200, Yorba Linda, CA 92886 (hereinafter referred to as "Developer").
WITNESSETH:
FIRST: Developer, for and in consideration of the approval by the City of the final map of that certain land division, or that certain other land development project, known as T36634 Fullerton and Taber - Sewer and more particularly described in Exhibit "A" attached agrees, at Developer's own expense, to furnish all labor, equipment and material necessary, and within FORTY-EIGHT (48) months from the date of this Agreement, to perform and complete in a good and workmanlike manner, all of the required improvements in accordance with those improvement plans for said project which have been approved by the Public Works Director, and are on file in the office of the City Clerk, and to do all work incidental thereto in accordance with the standards set forth in City ordinances and regulations, and pay all costs of engineering necessary in connection therewith, which are expressly made a part of this Agreement. All of the above-required work shall be done under the inspection of and to the satisfaction of the Public Works Director, and shall not be deemed complete until approved and accepted as complete by the City. The Developer shall ensure that all employees or contractors completing the work and improvements in connection with this agreement have all licenses, permits, qualifications, acceptable insurance as required by the City and approvals from the City necessary to perform their respective work and that such requirements are maintained throughout the term of this agreement or any extensions thereto.
Developer further agrees to guarantee the improvements for a period of one year following acceptance by the City and agrees during this one-year period to repair and replace, to the satisfaction of the Public Works Director, any defective work or labor done, or defective materials furnished. Developer shall complete the improvements in accordance with Section 66462, Government Code. Developer shall also complete any offsite improvements required as a condition of approval for the project and with plans approved by the Public Works Director at such time as the City acquires an interest in the land which will permit such improvements to be made, and the Developer waives the 120-day time limitation set forth in Section 66462.5, Government Code. The estimated cost of bonds for said work and improvements is the amount of TWO HUNDRED SIXTY-FOUR THOUSAND TWO HUNDRED DOLLARS AND NO CENTS ( $264,200.00) The work and improvements covered by this agreement may also include items in addition to those listed in Exhibit "8" if additional work or improvements are deemed necessary to protect public health or safety.
SECOND: Developer agrees to pay to the City the actual cost of such inspection of the work and improvements as may be required by the Public Works Director. Developer further agrees that, if suit is brought upon this Agreement or any bonds guaranteeing the completion of the improvements, all costs, expenses, and fees, including attorney's fees, incurred by the City in enforcing such obligations shall be paid by Developer and guaranteed by the surety in addition to the face amount of the security, and that, upon entry of judgment, such costs, expenses, and fees shall be included in any judgment rendered.
THIRD: City shall not, nor shall any officer or employee of City, except for its or their sole negligence, be liable or responsible for any accident, loss or damage happening or occurring to the improvements prior to the completion and approval thereof, nor shall City or any officer or employee thereof, be liable for any persons or property injured by reason of the nature of the work, or by reason of the acts or omissions of Developer, its agents or employees, in the construction of the improvements, and all of said liabilities are assumed by Developer. Developer agrees to defend, indemnify, and hold harmless City and its officers and employees thereof from all loss, including attorney's fees, liability or claim because of, or arising out of the acts or omissions of Developer, its agents, and employees, in the performance of this Agreement, or arising out of the use of any patent or patented article in the performance of this Agreement FOURTH: Developer hereby grants to the City and any authorized agent or employee of the City, the irrevocable permission to enter upon the project for the purpose of completing the improvements. This permission shall terminate in the event that the Developer has completed construction of the improvements
within the time specified or any extension thereof granted by the City.
FIFTH: Developer agrees at all times, ·up to the completion and acceptance of the improvements by the City, to give good and adequate warning to the traveling public of each and every dangerous condition caused by the construction of the improvements, and to protect the traveling public from such dangerous conditions.
Developer shall keep all traveled ways that are a part of, or affected by the construction of this project free and clear of mud, dirt and debris and shall provide a minimum of twice monthly street sweeping service. A copy of the contract for street sweeping service shall be provided to the City. Developer's obligation for street sweeping shall continue until such time as the City accepts the improvements as being complete. The bonds securing performance of this Agreement shall secure developer's obligation under this provision.
SIXTH: Developer, its agents, and employees, shall give notice to the Public Works Director at least 48 hours before beginning any work and shall furnish the Public Works Director all reasonable facilities and access for obtaining full information with respect to the progress and manner of work.
SEVENTH: If Developer, its agents or employees, neglects, refuses, or fails to construct the work with such diligence as to insure its completion within the specified time, or within such extensions of time that have been granted by the City, or if Developer fails to perform satisfactorily any of the provisions of the plans it shall be in default of this Agreement and written notice of such default shall be served upon Developer. The City Council shall have the power, on recommendation by the Public Works Director, to terminate all rights of the Developer because of such default. The determination by the Public Works Director whether any of the terms of the Agreement or plans have been violated, or have not been performed satisfactorily, shall be conclusive upon the Developer, and all parties who may have any interest in this Agreement or any portion thereof. The provisions of this section shall be in addition to all other rights and remedies available to the City at law or in �ufy.
EIGHTH: Developer agrees to file with City, prior to the date this Agreement is executed, (a) good and sufficient improvement security in an amount not less than the estimated cost of the work and improvements for the faithful performance of the terms and conditions of this Agreement, and {b) good and sufficient security for payment of labor and materials in the amount prescribed by City ordinances and regulations to secure the claims to which reference is made in Title 15 ( commencing with Section 3082) of Part 4 of Division 3 of the California Civil Code. Developer agrees to renew each and every such bond(s) with good and sufficient sureties or increase the amounts of said bond(s), or both, within ten (10) days after being notified by the Public Works Director that the sureties or amounts are insufficient. Notwithstanding any other provision herein, if Developer fails to take such action as is necessary to comply with said notice, he shall be in default of this Agreement unless all required improvements are completed within ninety (90) days following the date on which the Public Works Director notified Developer of the insufficiency of the security or the amount of the bond(s) or both.
NINTH: Developer and the City and any surety or sureties on the bond(s) securing this Agreement agree that, in the event it is deemed necessary to extend the time for completion of the improvements and work to be done under this Agreement, extensions of time may be granted by the City, either at its own option, or upon request of Developer, and such extensions shall not affect the validity of this Agreement or release the surety or sureties on said bond(s). Developer agrees to maintain the aforesaid bond(s) in full force and effect during the terms of this Agreement, including any extensions of time as may be granted.
TENTH: If any provision of this Agreement is held by the courts to be unlawful and void, the validity of the remaining portions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. This agreement and the obligations described herein are binding upon the project and successor owners thereof; provided, however, that Developer will remain obligated hereunder until such time as new agreements covering the matters described herein have been executed by the City and the new owner of the project.
ELEVENTH: Any notice or notices required or permitted to be given pursuant to this Agreement shall be given to the other party by mail, postage prepaid, at the following addresses:
City:
The City of Corona
Public Works Department
400 S. Vicentia Avenue
Corona, CA 92882
Developer:
Poppybend LLC
18340 Yorba Linda Blvd. Suite 107-200
Yorba Linda, CA 92886
IN WITNESS WHEREOF Developer has affixed his name, address, and seal.
ATTEST:
CITY CLERK
OF THE CITY OF CORONA
By: -------------
City Clerk
(SEAL)
Poppybend LLC,
a California limited liability company
By:
Melvin Aou, manager
SEE ATTACHED
CALIFORNIA
ACKNOWLEDGEMENT
CITY OF CORONA
By: ___________ _
Joanne Coletta, Planning and Development Director
NOTE: TWO SIGNATURES ARE REQUIRED FOR CORPORATIONS UNLESS CORPORATE DOCUMENTS ARE PROVIDED THAT INDICATE OTHERWISE.
SIGNATURES OF DEVELOPER MUST BE EXECUTED AND ACKNOWLEDGED BEFORE A NOTARY IN COMPLIANCE WITH CIVIL CODE SECTION 1189 -ORIGINAL - CITY CLERK; COPIES - DEVELOPER AND PUBLIC WORKS PROJECT FILE
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
on FEBRUARY 25, 2025 before me NAZITA RAMIN, NOTARY PUBLIC '------------------- personally appeared MELVIN SHUN-MING AOU
(insert name and title of the officer)
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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
Signature (Seal)
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROJECT
SEE ATTACHED
LEGAL DESCRIPTION
Real property in the City of Corona, County of Riverside, State of California, described as follows:
THE SOUTHERLY ONE-HALF OF LOT 140 OF ORANGE HEIGHTS, AS SHOWN BY MAP ENTITLED "AMENDED MAP OF DIVISION #1 OF ORANGE HEIGHTS" ON FILE IN BOOK 2, PAGE 1 OF MAPS, RIVERSIDE COUNTY RECORDS.
TOGETHER WITH THOSE PORTIONS OF HUDSON AVENUE AND FULLERTON AVENUE VACATED BY RESOLUTION #95-03 OF THE CITY COUNCIL OF THE CITY OF CORONA RECORDED JANUARY 23, 1995 #19877.
EXCEPTING THEREFROM THAT PORTION SET-OUT IN THAT FINAL ORDER OF CONDEMNATION, CASE NO. 229550 SUPERIOR COURT, IN THE COUNTY OF RIVERSIDE, RECORDED MAY 18, 1993 AS INSTRUMENT NO. 185144 OF OFFICIAL RECORDS.
APN: 120-340-018 and 120-451-040
Faithful Performance
Labor and Material
EXHIBIT "B"
COST ESTIMATE
(To be provided by developer's engineer)
SEE ATTACHED
$264,200.00
$132,100.00
Project:
Location:
DWG No:
BOND ESTIMATE SHEET
(Use for Improvements Other than Grading Work Only]
TR.36634- PROJECT# -PWIM2020-0034
POPPYSEED LN AND HUDSON A VE
DWG#- 19-041 U
DATE: 2024-08-11
Description of Improvements
'4-/i'iU·in A-appropriaUI
Non-Master Planned R/Vtl (Public)
Improvements
2 Master-Planned R/Vtl (Public) Improvements
3 Interim Improvements (not including-Grading
Work)
4 On-site Public Improvements
5 On-site Non-public Improvements
6 Additional.Bond Improvements (beyond typical)
NOTES:
Construction Cost
$20a ,.209.oo
Performanc, Bond
Note 2
(Round up to nearest
$200)
$264,200.00
All construction cost estimates should be attached to this form, and shall include publicly maintained landscape & irrigation.
2 Performance Bond Estimate shall be calculated at 130% of the estimated construction cost, to include Engineering, Contingencies, & Planning. The 130% is the estimated total construction 3 Labor & Material Bond Estimate shall be 50% of the calculated Performance Bond 4 City staff shall review all estimates and may change the amount of the engineer's estimated bonds.
5 A current title report shall be submitted for bonding purposes.
PREPARED BY:
JAV AID M. ASLAM if //14-L--
Engineer's Name & Signature
CIVIL TRANS INC
Company
(909)396-1131
Tel No/Email
Ljtioi a:::-M8iiriak
l2!HI
Note3
(Round up to nearest
$100)
132 tO0.OO
City of Corona Bond Form
Rev - 03/11/2015
QUANTITY ESTIMATE FOR PUBLIC IMPROVEMENTS NOVEMBER 2021 !Removal
AC Berm
AC Pavement
Curb Only
Curb & Gutter
O/W Approach
Sidewalk
W/C Ramp
OTHER=
OTHER=
OTHER=
I Relocation
Item
Power/Telephone Pole
Pull Boxes
Street Light
Street Sign
OTHER=
OTHER=
AC Berm 6"
AC Berm 8"
AC Fogseal
AC Overlay
AC Pavement
Project#: Tract No. 36634 -Wastewater & Water Improvements, PWIM2020-0034, DWG 19-041U Location: Fullerton Ave and Taber St.
Unit
LF
SF
LF
LF
SF
SF
SF
EA
EA
EA
EA
LF
LF
SY
SY
SF
Unit Cost
$8.00
$3.00
$10.00
$16.00
$13.00
$8.00
$8.00
$5,000.00
$500.00
$6,000.00
$400.00
$35.00
$38.00
$5.00
$8.00
Quantity Cost
$
$
$
$
$
$
$
$
$
$
SUBTOTAL $
$
$
$
$
$
$
SUBTOTAL $
$
$
$
$
$
Asphalt (sf x depth x 0.075)
Base (sf x depth/ 27)
Fogseal
TON
CY
SY
$190.00
$110.00
$5.00
$
$
$
OTHER=
OTHER=
OTHER=
I concrete
Alley Approach, 8" PCC
Curb Only6"
Curb Only8"
Curb & Gutter 6"
Curb & Gutter 8"
SF
LF
LF
LF
LF
$28.00
$35.00
$39.00
$42.00
$44.00
$
$
$
SUBTOTAL $
$
$
$
$
$
Cross Gutter & Spandrel SF $29.00 $
D/W Approach, Complete EA $6,000.00 $
D/W Approach, 6" SF $28.00 $
D/W Approach, 8" SF $28.00 $
Pavement, 6" SF $13.00 $
Pavement, 8" SF $15.00 $
Sidewalk, 4" SF $13.00 $
V-Gutter SF $38.00 $
W/C Ramp EA $3,800.00 $
W/C Ramp SF $30.00 $
OTHER= $
OTHER= $
OTHER= $
SUBTOTAL $
I Storm Drain
Box Culvert (Including Backfill) CY $3,500.00 $
Box Culvert (Unapp. Areas) CY $2,500.00 $
Catch Basin, W<8' EA $7,000.00 $
Catch Basin, W>8' EA $10,500.00 $
Channel, Reinf. Cone. Lined SF $13.00 $
Channel, Open Cone. <24" LF $150.00 $
Channel, Open Cone. 27"-36" LF $250.00 $
Channel, Open Cone. 42"-72" LF $500.00 $
Collar, 45"-60" EA $1,300.00 $
Collar, >60" EA $2,000.00 $
Encasement LF $65.00 $
Energy Dissipater LS $10,000.00 $
Grate Inlet, 12" x 12" EA $500.00 $
Grate Inlet, 24" x 24" EA $1,300.00 $
Grate Inlet, 36" x 36" EA $5,000.00 $
Headwalls, Gravity Type EA $5,000.00 $
Headwalls, Wing Type EA $9,000.00 $
Inlet Apron EA $3,000.00 $
Junction Structure EA $10,000.00 $
Manhole, H<8' EA $6,000.00 $
Manhole, H>8' EA $8,000.00 $
Pipe, 18" RCP LF $159.00 $
Pipe, 24" RCP LF $201.00 $
Pipe, 30" RCP LF $241.00 $
Pipe, 36" RCP LF $280.00 $
Pipe, 42" RCP LF $318.00 $
Pipe, 48" RCP LF $355.00 $
Pipe, 54" RCP LF $391.00 $
Pipe, 60" RCP LF $426.00 $
Pipe, 66" RCP LF $461.00 $
Pipe, 72" RCP LF $495.00 $
Pipe, 78" RCP LF $528.00 $
Pipe, 84" RCP LF $561.00 $
Rip-Rap, Grouted Ton $125.00 $
Transition Structure EA $5,000.00 $
Underwalk Drain, W<6' EA $3,000.00 $
Underwalk Drain, W>6' EA $4,000.00 $
OTHER= $
OTHER= $
OTHER= $
SUBTOTAL $
I Street Lights
Pull Box No. 3 1/2 EA $500.00 $
Pull Box No. 5 EA $700.00 $
Service Point EA $7,000.00 $
St. Light, 501 - 1 only EA $5,000.00 $
St. Light, 501 - 2 to 5 EA $4,900.00 $
St. Light, 501 - 5+ EA $4,800.00 $
St. Light, 502 - 1 only EA $5,500.00 $
St. Light, 502 - 2 to 5 EA $5,400.00 $
St. Light, 502 - 5+ EA $5,300.00 $
St. Lt. Conduit, 1" Sch 80 $
<500 LF LF $12.00 $
>500 LF LF $10.00 $
St. Lt. Conduit, 1 1 /2 $
<500 LF LF $16.00 $
>500 LF LF $14.00 $
OTHER= $
OTHER= $
SUBTOTAL $
Traffic
Signal, 6 phse+MstrCont. EA $300,000.00 $
Signal, 8 phse+MstrCont. EA $350,000.00 $
Signal, Both+lntrconnect LF $25.00 $
Striping, 4" Sid wht/ylw LF $0.50 $
Striping, 8" Sid wht/ylw LF $0.65 $
Striping 12" Sid wht/ylw LF $2.50 $
Striping, Skip LF $0.35 $
Striping, Double LF $0.75 $
SUBTOTAL $
Walls
Retaining Walls SF $15.00 $
I Miscellaneous
Barricade, 40' EA $1,600.00 $
Water Lateral EA $5,000.00 $
Water Meter Installation EA $2,500.00 11 $ 27,500.00
Paving Replacement, Trench LF $16.00 160 $ 2,560.00
Pressure Reducing Station EA $90,000.00 $
Shoring for Trenches > 5' Deep LF $17.00 382 $ 6,494.00 Street Name Signs EA $500.00 $
OTHER= $
OTHER= $
OTHER= $
OTHER= $
OTHER= $
SUBTOTAL $ 36,554.00
Sewer
Manhole, 5' dia., 12' to 20' deep EA $10,000.00 2 $ 20,000.00 Manhole, 5' dia. > 20' deep EA $13,000.00 1 $ 13,000.00 Pipe, 4" PVC LF $10.00 402 $ 4,020.00
Pipe, 6" VCP LF $106.00 $
Pipe, 8" PVC LF $20.00 364 $ 7,280.00
Pipe, 1 0" VCP LF $178.00 $
Pipe, 12" VCP LF $215.00 $
Pipe, 15" VCP LF $270.00 $
Pipe, 4" DIP LF $70.00 $
Pipe, 6" DIP LF $106.00 $
Pipe, 8" DIP LF $142.00 $
Pipe, 1 0" DIP LF $178.00 $
Pipe, 12" DIP LF $215.00 $
Pipe, 15" DIP LF $270.00 $
SUBTOTAL $ 44,300.00
I Miscellaneous Sewer
Adjust Manhole EA $2,000.00 $
Clean Out EA $2,000.00 11 $ 22,000.00
Saddle EA $2,610.00 $
Steel Casing LF $60.00 28 $ 1,680.00
OTHER= $
OTHER= $
SUBTOTAL $ 23,680.00
Water
Pipe, 4" DIP LF $43.00 $
Pipe, 6" DIP LF $57.00 $
Pipe, 8" DIP LF $75.00 369 $ 27,675.00
Pipe, 1 0" DIP LF $93.00 $
Pipe, 12"DIP LF $105.00 $
Valve, 4" EA $1,500.00 $
Valve, 6" EA $1,800.00 $
Valve, 8" EA $2,800.00 3 $ 8,400.00
Valve, 10" EA $4,000.00 $
Valve, 12" EA $5,300.00 $
Valve, 16"
!Miscellaneous Water
Air & Vac, 1"
Fire Hydrant, 6"
Fire Service, 6"
Fire Service, 8"
Fire Service 1 O"
Hot Tap, 8"
Hot Tap, 10"
Hot Tap, 12"
Service, 1"
Service, 2"
Cut In Tee
Double Check Valve Backflow Preventor
OTHER=
PREPARED BY:
JA VAID M. ASLAM
Engineer's Name & Signature
CIVIL TRANS INC
Company
(909)3 96-1 1 3 1
Tel No/Email
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
--
EA
$7,500.00 $
SUBTOTAL $ 36,075.00
$2,700.00 1 $ 2,700.00
$4,900.00 5 $ 24,500.00
$12,000.00 $
$20,000.00 $
$30,000.00 $
$3,550.00 $
$3,900.00 $
$4,750.00 $
$2,500.00 11 $ 27,500.00
$3,400.00 1 $ 3,400.00
$1,200.00 1 $ 1,200.00
$300.00 11 $ $3,300.00
$
SUBTOTAi. $ $62,600.00
TOTAL COST $ 203,209.00
ProjectTRAK
PWIM2020-0034 Address: APN:
FAITHFUL PERFORMANCE BOND- PUBLIC
IMPROVEMENTS
Date Paid: Tuesday, February 25, 2025
Paid By: POPPYBEND LLC
Cashier: MLEY
Pay Method: BOND
Printed: Tuesday, February 25, 2025 2:17 PM
11000000 22002
1 of 1
ORIGINAL $264,200.00
,i...-
r\
SUPER ION
ProjectTRAK
PWIM2020-0034 Address: APN:
LABOR & MATERIAL BOND - PUBLIC
IMPROVEMENTS
Date Paid: Tuesday, February 25, 2025
Paid By: POPPYBEND LLC
Cashier: MLEY
Pay Method: BOND
Printed: Tuesday, February 25, 2025 2:18 PM
11000000 22002 ORIGINAL $132,100,00
1 of 1
... /..,
,,
SUPER ION
BOND NO. 4480944 -------
PREMIUM INCLUDED
IN PERFORMANCE BOND
CITY OF CORONA
SUBDIVISION IMPROVEMENTS
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the City Council of the City of Corona, State of California ("CITY") and Poppybend LLC
_ ("PRINCIPAL") have entered into an Improvement Agreement dated on or about the day of fe.bru 1l. fJ -Z.. S th , 20 for public improvements to be constructed as part of the
T36634 Fullerton And Taber - Sewer
project ("Improvement Agreement");
WHEREAS, the Improvement Agreement 1s hereby referred to and incorporated herein by reference;
WHEREAS, the PRINCIPAL is required under the terms of the Improvement Agreement to provide a good and sufficient bond, in a form and from a surety acceptable to the CITY, to secure the claims to which reference is made in Title 15 ( commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California;
NOW, THEREFORE,
Markel Insurance Company
the PRINCIPAL and
a
company organized and doing business under and by virtue of the laws of the State of Illinois and duly licensed to conduct a general surety business in the State of California, as "SURETY," are held and firmly bound unto the CITY and all contractors, subcontractors, laborers, materialmen and any others employed in the performance of the Improvement Agreement and referred to in the California Civil Code provisions referenced above, as "OBLIGEES," m the sum of
One Hundred Thirty-Two Thousand One Hundred and 00/100
DOLLARS ($132,100.00 ) for
materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that the 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 attorney's fees, incurred by the CITY in successfully enforcing such obligation, such costs, expenses and fees to be fixed by the court, awarded, taxed as costs and included in the judgment therein rendered.
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.
This bond is executed and filed to comply with Section 66499.2 of the California Government Code as improvement security. 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 California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
The SURETY hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Improvement Agreement, or the specifications accompanying the same, shall in any manner affect its obligations on this bond, and it does hereby waive notice of such change, extension, alteration or addition.
The undersigned hereby bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
IN WITNESS WHEREOF, the seal and signature of said PRINCIPAL is hereto affixed, and the corporate seal and the name of said SURETY is hereto affixed and attested by its duly authorized Attorney-in-Fact at Orange , California, this 24th day of February , 20 .
PRINCIPAL
Poppybend LLC
Print Name
By:
Signature
Me,,\vi ( o"
Name
f\1u_nug1:r
Title 1
.J
'2 /1..-s /2-s
SURETY
Markel Insurance Company
Shaunna Rozelle Ostrom
Name
Attorney-in-Fact
Title
February 24th, 2025
Date Date
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION BY PRINCIPALS AND SURETY MUST BE ATTACHED TO THIS BOND. 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 _O_ra_n_...g_e __________ __,)
On ___ 0_2/_2_4/_2_0_2_5 _____ before me, --""'"M_e=l'--'-is-'-sa'--'-A-'--n--'-n_V--'-a--'-cc"'"'a""'"r-'-o,_ N_o_t'"'"'a-'--' ry'-'_Pu=b=li'--'-c ____ _ (insert name and title of the officer)
personally appeared Shaunna Rozelle Ostrom
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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature Oc'-Ch,::,
Melissa Ann Vaccaro
(Seal)
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
on 25-Feb-2025 before me, Randall Steven Hawk, Notary Public ------------
(insert name and title of the officer)
personally appeared Melvin Aou
who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature------<...a...L24_/4_{J_
Subdivision Improvements Payment Bond
(Seal)
RANDALL STEVEN HAWK
Notary Public· California
Orange County
Commission # 2370176
'-Y Comm. Expires Aug 8, 2025
JOINT LIMITED POWER OF ATTORNEY
Bond No. 4480944
POA# 510023
KNOW ALL MEN BY THESE PRESENTS: That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris, Texas and Markel Insurance Company (the "Company"), a corporation duly organized and existing under the laws of the state of Illinois, and having its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint:
Arturo Ayala, Daniel Huckabay, Dwight Reilly, Shaunna Rozelle Ostrom, Frank Morones, Michael D. Stong, Ben Stong, R. Nappi, Benjamin Wolfe, Chelsea Liberatore, Adrian Langrell Their true and lawful agent(s) and attorney(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on their own behalf, individually as a surety or jointly, as co-sureties, and as their act and deed any and all bonds and other undertaking in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of:
Fifteen Million and 00/100 Dollars ($15,000,000.00)
This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company:
"RESOLVED, That the President, any Senior Vice President, Vice President, Assistant Vice President, Secretary, Assistant Secretary, Treasurer or Assistant Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto."
IN WITNESS WHEREOF, Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 20th day of August , 2024 SureTec Insurance Company
County of Harris:
On this 20th day of August 2024 A. D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, to me personally known to be the individuals and officers described in, who executed the preceding instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the said companies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument is now in force. ,,,, I 11 I I I I It I I I
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Offici e if ¾ ams, the day and year first above written. •' \,:
.-
..... '• 111. ,,
/' j> i\'\ By:
:_ _: =Chelsea Turner, Notary Public
-;
-•. --frl: .- i : ::
My commission expires 7/6/2028
·.1, Or ,
,,._. ::
We, the undersigned Officers of SureTec Insurance Company and Markel 1,{!!w C d 'ertify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has rl'!!iJ:fee8 . ,,•' ,,,,,,'It .. ,,,
IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the.Seals of said Companies, on the 24th day of February 2025 Markel Insurance Company
Any Instrument Issued in excess of the penalty stated above is totally void i:lnd without any·validity. 510028 For verification of the authority of this Power you may call (713)812-0800 on any business day between 8:30 AM and 5:00 PM CST.
BOND NO. 4480944
---------
INITIAL PREMIUM: ....!...$5"-'-, 7-'-8_4-'-.o--'-o---
SUBJECT TO RENEW AL
CITY OF CORONA
SUBDIVISION IMPROVEMENTS
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the City Council of the City of Corona, State of California ("CITY") and Poppybend LLC
_ ("PRINCIPAL") have entered into an Improvement Agreement dated on or about the __ day of ;: Q.h r u ll. r j 2.. 5 'fh , 20 for public improvements to be constructed as part of the
T36634 Fullerton And Taber - Sewer
project ("Improvement Agreement");
WHEREAS, the Improvement Agreement 1s hereby referred to and incorporated herein by reference;
WHEREAS, the PRINCIPAL is required under the terms of the Improvement Agreement to provide a good and sufficient bond, in a form and from a surety acceptable to the CITY, for the performance of the Improvement Agreement;
NOW, THEREFORE,
Markel Insurance Company
the PRINCIPAL and
a
company organized and _doing business under and by virtue of the laws of the State of Illinois and duly licensed to conduct a general surety business in the State of California, as "SURETY," are held and firmly bound unto the CITY, as "OBLIGEE," m the sum of Two Hundred Sixty-Four Thousand Two Hundred and 00/100 DOLLARS ($264,200.00 ) 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 bounded 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 Improvement Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the CITY, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the CITY in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The SURETY hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Improvement Agreement or the work to be performed thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of such change, extension, alteration or addition to the terms of the Improvement Agreement or to the work or specifications.
This bond is executed and filed to comply with Section 66499.1 of the Government Code of California as improvement security.
IN WITNESS WHEREOF, the seal and signature of said PRINCIPAL is hereto affixed, and the corporate seal and the name of said SURETY is hereto affixed and attested by its duly authorized Attorney-in-Fact at Orange , California, this 24th day of February , 2025 .
PRINCIPAL
Poppybend LLC
Print Name
By:
Signature
Name
Title d
-i/2-5/is
SURETY
Markel Insurance Company
:
nt N a
Signature
Shaunna Rozelle Ostrom
Name
Attorney-in-Fact
Title
February 24th, 2025
Date Date
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION BY PRINCIPALS AND SURETY MUST BE ATTACHED TO THIS BOND. 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 _O_ra_n g_e __________
On ___ 0_2/_2_4_/2_0_2_5 _____ before me, ___ M_e_l_is_sa_A_n_n_V_a_cc_a_r_o , N_t_a ry_P_u_b_li_c ____ _ (insert name and title of the officer)
personally appeared Shaunna Rozelle Ostrom
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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signatur -- oJlJ}l.h
Melissa Ann Vaccaro
(Seal)
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
on 25-Feb-2025 before me, Randall Steven Hawk, Notary Public ------------
(insert name and title of the officer)
personally appeared Melvin Aou
who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _..:....ad -=-- - ----''----U ______ _ (Seal) Subdivision Improvements Performance Bond
········1
RANDALL STEVEN HAWK
Notary Public - California z
Orange County �
Commission# 2370176 -
y Comm. Expires Aug 8, 2025
JOINT LIMITED POWER OF ATTORNEY
Bond No. 4480944
POA# 510023
KNOW ALL MEN BY TH ESE PRESENTS: That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris, Texas and Markel Insurance Company (the "Company"), a corporation duly organized and existing under the laws of the state of Illinois, and having its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint:
Arturo Ayala, Daniel Huckabay, Dwight Reilly, Shaunna Rozelle Ostrom, Frank Morones, Michael D. Stong, Ben Stong, R. Nappi, Benjamin Wolfe, Chelsea Liberatore, Adrian Langrell Their true and lawful agent(s) and attorney(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on their own behalf, individually as a surety or jointly, as co-sureties, and as their act and deed any and all bonds and other undertaking in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of:
Fifteen Million and 00/100 Dollars ($15,000,000.00)
This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company:
"RESOLVED, That the President, any Senior Vice President, Vice President, Assistant Vice President, Secretary, Assistant Secretary, Treasurer or Assistant Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto."
IN WITNESS WHEREOF, Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 20th day of August , 2024 SureTec Insurance Company
County of Harris:
On this 20th day of August 2024 A. D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, to me personally known to be the individuals and officers described in, who executed the preceding instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the said companies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument is now in force. ,,, \\I\ 11111 I I I I
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Offic,\l.!ie� "fdtn!,j t,{,�ams, the day and year first above written ·• "'·" ....... rr-11. ,,
• ..,._v • ?-Y p •• , /c)'_.- :._* us<>_ '-::_
= -- (l . :. - • •• - By: _ _.,.,......��-�-��---- i _: Chelsea Turner, Notary Public :. •. re ¢. : =
My commission expires 7/6/2028
-;. ·-.1) Of , -- ::
We, the undersigned Officers of SureTec Insurance Company and Markel 1;-;,_�c�d���'ertify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has rl'e5)fee8�. ,,' I I I I I 1·1 I I 11 ,, \
IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the 24th day of February 2025 Markel Insurance Company
Any Instrument Issued in excess of the penalty stated above is totally void and w1th0ut any v.:Hdity. 510023 For verification of the authority of this Power you may call (713)812·0800 or. any business day between 8:30 AM and 5:00 PM CST.
AGREEMENT FOR PUBLIC IMPROVEMENTS FOR 136634 FULLERTON AND TABER - STREET
DWG19-041S - PWIM2019-0020
Non-Master Plan Improvements
This Agreement is made and entered into as of this 2
nd day of April 2025, by and between the City of Corona, a municipal corporation (hereinafter referred to as "City"), and POPPYBEND LLC, a California limited liability company with its principal offices located at, 18340 Yorba Linda Boulevard Suite 107-200, Yorba Linda, CA 92886 (hereinafter referred to as "Developer").
WITNESSETH:
FIRST: Developer, for and in consideration of the approval by the City of the final map of that certain land division, or that certain other land development project, known as T36634 Fullerton And Taber - Street and more particularly described in Exhibit "A" attached agrees, at Developer's own expense, to furnish all labor, equipment and material necessary, and within FORTY-EIGHT (48) months from the date of this Agreement, to perform and complete in a good and workmanlike manner, all of the required improvements in accordance with those improvement plans for said project which have been approved by the Public Works Director, and are on file in the office of the City Clerk, and to do all work incidental thereto in accordance with the standards set forth in City ordinances and regulations, and pay all costs of engineering necessary in connection therewith, which are expressly made a part of this Agreement. All of the above-required work shall be done under the inspection of and to the satisfaction of the Public Works Director, and shall not be deemed complete until approved and accepted as complete by the City. The Developer shall ensure that all employees or contractors completing the work and improvements in connection with this agreement have all licenses, permits, qualifications, acceptable insurance as required by the City and approvals from the City necessary to perform their respective work and that such requirements are maintained throughout the term of this agreement or any extensions thereto.
Developer further agrees to guarantee the improvements for a period of one year following acceptance by the City and agrees during this one-year period to repair and replace, to the satisfaction of the Public Works Director, any defective work or labor done, or defective materials furnished. Developer shall complete the improvements in accordance with Section 66462, Government Code. Developer shall also complete any offsite improvements required as a condition of approval for the project and with plans approved by the Public Works Director at such time as the City acquires an interest in the land which will permit such improvements to be made, and the Developer waives the 120-day time limitation set forth in Section 66462.5, Government Code. The estimated cost of bonds for said work and improvements is the amount of FIVE HUNDRED NINETEEN THOUSAND DOLLARS AND NO CENT ($519,000.00) The work and improvements covered by this agreement may also include items in addition to those listed in Exhibit "B" if additional work or improvements are deemed necessary to protect public health or safety.
SECOND: Developer agrees to pay to the City the actual cost of such inspection of the work and improvements as may be required by the Public Works Director. Developer further agrees that, if suit is brought upon this Agreement or any bonds guaranteeing the completion of the improvements, all costs, expenses, and fees, including attorney's fees, incurred by the City in enforcing such obligations shall be paid by Developer and guaranteed by the surety in addition to the face amount of the security, and that, upon entry of judgment, such costs, expenses, and fees shall be included in any judgment rendered.
THIRD: City shall not, nor shall any officer or employee of City, except for its or their sole negligence, be liable or responsible for any accident, loss or damage happening or occurring to the improvements prior to the completion and approval thereof, nor shall City or any officer or employee thereof, be liable for any persons or property injured by reason of the nature of the work, or by reason of the acts or omissions of Developer, its agents or employees, in the construction of the improvements, and all of said liabilities are assumed by Developer. Developer agrees to defend, indemnify, and hold harmless City and its officers and employees thereof from all loss, including attorney's fees, liability or claim because of, or arising out of the acts or omissions of Developer, its agents, and employees, in the performance of this Agreement, or arising out of the use of any patent or patented article in the performance of this Agreement FOURTH: Developer hereby grants to the City and any authorized agent or employee of the City, the irrevocable permission to enter upon the project for the purpose of completing the improvements. This permission shall terminate in the event that the Developer has completed construction of the improvements
within the time specified or any extension thereof granted by the City.
FIFTH: Developer agrees at all times, up to the completion and acceptance of the improvements by the City, to give good and adequate warning to the traveling public of each and every dangerous condition caused by the construction of the improvements, and to protect the traveling public from such dangerous conditions.
Developer shall keep all traveled ways that are a part of, or affected by the construction of this project free and clear of mud, dirt and debris and shall provide a minimum of twice monthly street sweeping service. A copy of the contract for street sweeping service shall be provided to the City. Developer's obligation for street sweeping shall continue until such time as the City accepts the improvements as being complete. The bonds securing performance of this Agreement shall secure developer's obligation under this provision.
SIXTH: Developer, its agents, and employees, shall give notice to the Public Works Director at least 48 hours before beginning any work and shall furnish the Public Works Director all reasonable facilities and access for obtaining full information with respect to the progress and manner of work.
SEVENTH: If Developer, its agents or employees, neglects, refuses, or fails to construct the work with such diligence as to insure its completion within the specified time, or within such extensions of time that have been granted by the City, or if Developer fails to perform satisfactorily any of the provisions of the plans it shall be in default of this Agreement and written notice of such default shall be served upon Developer. The City Council shall have the power, on recommendation by the Public Works Director, to terminate all rights of the Developer because of such default. The determination by the Public Works Director whether any of the terms of the Agreement or plans have been violated, or have not been performed satisfactorily, shall be conclusive upon the Developer, and all parties who may have any interest in this Agreement or any portion thereof. The provisions of this section shall be in addition to all other rights and remedies available to the City at law or in equity.
EIGHTH: Developer agrees to file with City, prior to the date this Agreement is executed, (a) good and sufficient improvement security in an amount not less than the estimated cost of the work and improvements for the faithful performance of the terms and conditions of this Agreement, and (b) good and sufficient security for payment of labor and materials in the amount prescribed by City ordinances and regulations to secure the claims to which reference is made in Title 15 ( commencing with Section 3082) of Part 4 of Division 3 of the California Civil Code. Developer agrees to renew each and every such bond(s) with good and sufficient sureties or increase the amounts of said bond(s), or both, within ten (10) days after being notified by the Public Works Director that the sureties or amounts are insufficient. Notwithstanding any other provision herein, if Developer fails to take such action as is necessary to comply with said notice, he shall be in default of this Agreement unless all required improvements are completed within ninety (90) days following the date on which the Public Works Director notified Developer of the insufficiency of the security or the amount of the bond(s) or both.
NINTH: Developer and the City and any surety or sureties on the bond(s) securing this Agreement agree that, in the event it is deemed necessary to extend the time for completion of the improvements and work to be done under this Agreement, extensions of time may be granted by the City, either at its own option, or upon request of Developer, and such extensions shall not affect the validity of this Agreement or release the surety or sureties on said bond(s). Developer agrees to maintain the aforesaid bond(s) in full force and effect during the terms of this Agreement, including any extensions of time as may be granted.
TENTH: If any provision of this Agreement is held by the courts to be unlawful and void, the validity of the remaining portions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. This agreement and the obligations described herein are binding upon the project and successor owners thereof; provided, however, that Developer will remain obligated hereunder until such time as new agreements covering the matters described herein have been executed by the City and the new owner of the project.
ELEVENTH: Any notice or notices required or permitted to be given pursuant to this Agreement shall be given to the other party by mail, postage prepaid, at the following addresses:
City:
The City of Corona
Public Works Department
400 S. Vicentia Avenue
Corona, CA 92882
Developer:
Poppybend LLC
18340 Yorba Linda Blvd. Suite 107-200
Yorba Linda, CA 92886
IN WITNESS WHEREOF Developer has affixed his name, address, and seal.
ATTEST:
CITY CLERK
OF THE CITY OF CORONA
By:-------------
City Clerk
(SEAL)
Poppybend LLC,
a California limited liability company
By:
Melvin Aou, manager
SEE ATTACHED
CALIFORNIA
ACKNOWLEDGEMENT
CITY OF CORONA
By:
____________ _
Joanne Coletta, Planning and Development Director
NOTE: TWO SIGNATURES ARE REQUIRED FOR CORPORATIONS UNLESS CORPORATE DOCUMENTS ARE PROVIDED THAT INDICATE OTHERWISE.
SIGNATURES OF DEVELOPER MUST BE EXECUTED AND ACKNOWLEDGED BEFORE A NOTARY IN COMPLIANCE WITH CIVIL CODE SECTION 1189- ORIGINAL-CITY CLERK; COPIES- DEVELOPER AND PUBLIC WORKS PROJECT FILE
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
on FEBRUARY 25, 2025 before me NAZITA RAMIN, NOTARY PUBLIC '------------------- personally appeared MELVIN SHUN-MING AOU
(insert name and title of the officer)
who proved to me on the basis of satisfactory evidence to be the son(s)
whose name( is/ re 9. scribed to the within instrument and acknowl ,d to me th e she/they executed the- ame in Ttiis her/their authorized capacity(ies), and that by' er/their signa ure(s) on the instrument the lp · rson(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my han d/onl se
..
l.
Signature ------;U ___,_ r_ - - - - - - - -
(Seal)
·-··········l "' 0'
,,. NAZITA RAMIN
: Notary Public • California
i1 ;;: Orange County !
Commission # 2499545 -
My Comm. Expires Oct 8, 2028
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROJECT
SEE ATTACHED
LEGAL DESCRIPTION
Real property in the City of Corona, County of Riverside, State of California, described as follows:
THE SOUTHERLY ONE-HALF OF LOT 140 OF ORANGE HEIGHTS, AS SHOWN BY MAP ENTITLED "AMENDED MAP OF DIVISION #1 OF ORANGE HEIGHTS" ON FILE IN BOOK 2, PAGE 1 OF MAPS, RIVERSIDE COUNTY RECORDS.
TOGETHER WITH THOSE PORTIONS OF HUDSON AVENUE AND FULLERTON AVENUE VACATED BY RESOLUTION #95-03 OF THE CITY COUNCIL OF THE CITY OF CORONA RECORDED JANUARY 23, 1995 #19877.
EXCEPTING THEREFROM THAT PORTION SET-OUT IN THAT FINAL ORDER OF CONDEMNATION, CASE NO. 229550 SUPERIOR COURT, IN THE COUNTY OF RIVERSIDE, RECORDED MAY 18, 1993 AS INSTRUMENT NO. 185144 OF OFFICIAL RECORDS.
APN: 120-340-018 and 120-451-040
Faithful Performance
Labor and Material
EXHIBIT "B"
COST ESTIMATE
(To be provided by developer's engineer)
SEE ATTACHED
$519,000.00
$259,500.00
Project:
Location:
DWG No:
BOND ESTIMATE SHEET
(Use for Improvements Other than Grading Work Only]
TR.36634- PROJECT# -PWIM2019-0020
POPPYSEED LN AND HUDSON A VE
DWG#19-041S
DATE:
Description of Improvements ionstrumi2o Cost l!lrformaoa Bond 1 Non-Master Planned R/W (Public)
Improvements
2 Master-Planned'R/W (Publie) Improvements
3 Interim Improvements (not including Grading
Work)
4 On-Site Public Improvements
5 On-site NOl'l"f)Ublic Improvements
6 Additional Bond Improvements (beyond typical)
NOTES:
$399, 150.00
a
Nots2
(Round up to nearest
$200)
$519,00.00
e
All construction cost estimates should be attached to this form, and shall include publicly maintained landscape & irrigation.
2 Performance Bond Estimate shall be calculated at 130% of the estimated construction cost, to include Engineering, Contingencies, & Planning. The 130% is the estimated total construction 3 Labor & Material Bond Estimate shall be 50% of the calculated Performance Bond 4 City staff shall review all estimates and may change the amount of the engineer's estimated bonds.
5 A current title report shall be submitted for bonding purposes.
PREPARED BY:
JAVATDM.ASLAM cf._,,,
Engineer's Name & Signature
CIVIL TRANS TNC
Company
(909)396-113 l
Tel No/Email
2024-08-11
l,jlim A Matenais
Note3
(Round up to nearest
$100)
$259,500.00
City of Corona Bond Form
Rev - 03/11/2015
QUANTITY ESTIMATE FOR PUBLIC IMPROVEMENTS March 2018
Project#: Tract No. 36634 - Street Improvements, PWIM 2019-0020 Location: Fullerton Ave and Taber St.
Item Unit Unit Cost Quantity Cost
!Removal
AC Berm LF $8.00 0 $
AC Pavement (Fullerton, ex "sidewalk" SF $3.00 2200 $ 6,600.00 Curb Only is AC Pavement) LF $10.00 0 $
Curb & Gutter (Hudson Ave) LF $16.00 31.5 $ 504.00
D/W Approach SF $13.00 0 $
Sidewalk (Hudson Ave) SF $8.00 126.5 $ 1,012.00
W/C Ramp SF $8.00 0 $
Sawcut (Hudson) SF $3.00 320 $ 960
OTHER= $
OTHER= $
SUBTOTAL $ 9,076.00
I Relocation
PowerfT elephone Pole EA $5,000.00 0 $
Pull Boxes EA $500.00 0 $
Street Light EA $6,000.00 0 $
Street Sign EA $400.00 1 $ 400.00
OTHER= Catch Basin EA $7,000.00 1 $ 7,000.00
OTHER= $
SUBTOTAL $ 7,400.00
!Asphalt
AC Berm 6" LF $35.00 0 $
AC Berm 8" LF $38.00 0 $
AC Fogseal SY $5.00 0 $
AC Overlay SY $8.00 3,052 $ 24,416.00
AC Pavement SF 17,004 $
Asphalt (sf x depth x 0.075) TON $190.00 425.1 $ 80,769.00 Base (sf x depth / 27) CY $110.00 354.25 $ 38,967.50
Fogseal SY $5.00 $
OTHER= $
OTHER= $
OTHER= $
SUBTOTAL $ 144,152.50
I concrete
Alley Approach, 8" PCC SF $28.00 0 $
Curb Only6" LF $35.00 0 $
Curb Only8" LF $39.00 0 $
Curb & Gutter 6" LF $42.00 916 $ 38,472.00
Curb & Gutter 8" LF $44.00 $
Cross Gutter & Spandrel SF $29.00 410 $ 11,890.00
D/W Approach, Complete EA $6,000.00 $
D/W Approach, 6" SF $28.00 902 $ 25,256.00
D/W Approach, 8" SF $28.00 $
Pavement, 6" SF $13.00 $
Pavement, 8" SF $15.00 $
Sidewalk, 4" SF $13.00 7,501 $ 97,513.00
V-Gutter SF $38.00 $
W/C Ramp EA $3,800.00 1 $ 3,800.00
W/C Ramp SF $30.00 $
OTHER= $
OTHER= $
OTHER= $
SUBTOTAL $ 176,931.00
I Storm Drain
Box Culvert (Including Backfill) CY $3,500.00 $
Box Culvert (Unapp. Areas) CY $2,500.00 $
Catch Basin, W<8' EA $7,000.00 $
Catch Basin, W>8' EA $10,500.00 $
Channel, Reinf. Cone. Lined SF $13.00 $
Channel, Open Cone. <24" LF $150.00 $
Channel, Open Cone. 27"-36" LF $250.00 $
Channel, Open Cone. 42"-72" LF $500.00 $
Collar, 45"-60" EA $1,300.00 $
Collar, >60" EA $2,000.00 $
Encasement LF $65.00 $
Energy Dissipater LS $10,000.00 $
Grate Inlet, 12" x 12" EA $500.00 $
Grate Inlet, 24" x 24" EA $1,300.00 $
Grate Inlet, 36" x 36" EA $5,000.00 $
Headwalls, Gravity Type EA $5,000.00 $
Headwalls, Wing Type EA $9,000.00 $
Inlet Apron EA $3,000.00 $
Junction Structure EA $10,000.00 $
Manhole, H<8' EA $6,000.00 $
Manhole, H>8' EA $8,000.00 $
Pipe, 18" RCP LF $159.00 $
Pipe, 24" RCP LF $201.00 $
Pipe, 30" RCP LF $241.00 $
Pipe, 36" RCP LF $280.00 $
Pipe, 42" RCP LF $318.00 $
Pipe, 48" RCP LF $355.00 $
Pipe, 54" RCP LF $391.00 $
Pipe, 60" RCP LF $426.00 $
Pipe, 66" RCP LF $461.00 $
Pipe, 72" RCP LF $495.00 $
Pipe, 78" RCP LF $528.00 $
Pipe, 84" RCP LF $561.00 $
Rip-Rap, Grouted Ton $125.00 $
Transition Structure EA $5,000.00 $
Underwalk Drain, W<6' EA $3,000.00 4 $ 12,000.00
Underwalk Drain, W>6' EA $4,000.00 $
OTHER= Curb Drain EA $40.00 22 $ 880.00
OTHER= $
OTHER= $
SUBTOTAL $ 12 880.00
I Street Lights
Pull Box No. 3 1/2 EA $500.00 $
Pull Box No. 5 EA $700.00 $
Service Point EA $7,000.00 1 $ 7,000.00
St. Light, 501 - 1 only EA $5,000.00 $
St. Light, 501 - 2 to 5 EA $4,900.00 4 $ 19,600.00
St. Light, 501 - 5+ EA $4,800.00 $
St. Light, 502 - 1 only EA $5,500.00 $
St. Light, 502 - 2 to 5 EA $5,400.00 3 $ 16,200.00
St. Light, 502 - 5+ EA $5,300.00 $
St. Lt. Conduit, 1" Sch 80 $
<500 LF LF $12.00 $
>500 LF LF $10.00 $
St. Lt. Conduit, 1 1 /2 $
<500 LF LF $16.00 $
>500 LF LF $14.00 $
OTHER= Stop Sign EA $400.00 1 $ 400.00
OTHER= $
SUBTOTAL $ 43,200.00
Traffic
Signal, 6 phse+MstrCont. EA $300,000.00 $
Signal, 8 phse+MstrCont. EA $350,000.00 $
4" Retroflective Pvmnt. Mrkr EA $5.00 100 $ 500
Arrows, STOP Sign��� EA $40.00 5 $ 200
Striping, 8" Sid whUylw�� LF $0.65 740 $ 481
Striping 12" Sid whUylw � LF $2.50 15 $ 37.5
Striping, Skip <i> LF $0.35 587 $ 206
Striping, Double <g) LF $0.75 781 $ 586
SUBTOTAL $ 2,010.50
Walls
Retaining Walls SF $15.00 $
I Miscellaneous
Barricade, 40' EA $1,600.00 $
Water Lateral EA $5,000.00 $
Water Meter Installation EA $2,500.00 $
Paving Replacement, Trench LF $16.00 $
Pressure Reducing Station EA $90,000.00 $
Shoring for Trenches > 5' Deep LF $17.00 $
Street Name Signs EA $500.00 1 $ 500.00
OTHER= $
OTHER= $
OTHER= $
OTHER= $
OTHER= $
SUBTOTAL $ 500.00
Sewer
Manhole, 5' dia., 12' to 20' deep EA $10,000.00 $
Manhole, 5' dia. > 20' deep EA $13,000.00 $
Pipe, 4" VCP LF $70.00 $
Pipe, 6" VCP LF $106.00 $
Pipe, 8" VCP LF $142.00 $
Pipe, 1 O" VCP LF $178.00 $
Pipe, 12" VCP LF $215.00 $
Pipe, 15" VCP LF $270.00 $
Pipe, 4" DIP LF $70.00 $
Pipe, 6" DIP LF $106.00 $
Pipe, 8" DIP LF $142.00 $
Pipe, 1 O" DIP LF $178.00 $
Pipe, 12" DIP LF $215.00 $
Pipe, 15" DIP LF $270.00 $
SUBTOTAL $
I Miscellaneous Sewer
Adjust Manhole EA $2,000.00 1 $ 2,000.00
Clean Out EA $2,000.00 $
Saddle EA $2,610.00 $
WELL MON EA $1,000.00 1 $ 1,000.00
OTHER= $
OTHER= $
SUBTOTAL $ 3,000.00
Water
Pipe, 4" DIP LF $43.00 $
Pipe, 6" DIP LF $57.00 $
Pipe, 8" DIP LF $75.00 $
Pipe, 10" DIP LF $93.00 $
Pipe, 12"DIP LF $105.00 $
Valve, 4" EA $1,500.00 $
Valve, 6" EA $1,800.00 $
Valve, 8" EA $2,800.00 $
Valve, 10" EA $4,000.00 $
Valve, 12" EA $5,300.00 $
Valve, 16"
I Miscellaneous Water
Air & Vac, 1"
Fire Hydrant, 6"
Fire Service, 6"
Fire Service, 8"
Fire Service 1 O"
Hot Tap, 8"
Hot Tap, 10"
Hot Tap, 12"
Service, 1"
Service, 2"
OTHER=
OTHER=
OTHER=
PREPARED BY:
Javaid M. Aslam
Engineer's Name & Signature
Civil Trans Inc
Company
(909)396-1131
Tel No/Email
EA $7,500.00 $
SUBTOTAL $
EA $2,700.00 $
EA $4,900.00 $
EA $12,000.00 $
EA $20,000.00 $
EA $30,000.00 $
EA $3,550.00 $
EA $3,900.00 $
EA $4,750.00 $
EA $2,500.00 $
EA $3,400.00 $
$
$
$
SUBTOTAL $
TOTAL COST $ 399,150.00
ProjectTRAK
PWIM2019-0020 Address: TTM 36634 APN:
LABOR & MATERIAL BOND - PUBLIC
IMPROVEMENTS
Date Paid: Tuesday, February 25, 2025
Paid By: POPPYBEND LLC
Cashier: MLEY
Pay Method: BOND
Printed: Tuesday, February 25, 2025 2:14 PM
11000000 22002
1 of 1
ORIGINAL $259,500.00
,>.., ,-\
SUPER ION
ProjectTRAK
PWIM2019-0020 Address: TTM 36634 APN:
FAITHFUL PERFORMANCE BOND - PUBLIC
IMPROVEMENTS
Date Paid: Tuesday, February 25, 2025
Paid By: POPPYBEND LLC
Cashier: MLEY
Pay Method: BOND
Printed: Tuesday, February 25, 2025 2:13 PM
11000000 22002
1 of 1
ORIGINAL $519,000.00
....,>..,,
,.,
SUPERION
'.:
BOND NO. 4480945
---------
INITIAL PREMIUM: $10,785.00 -------
CITY OF CORONA
SUBDIVISION IMPROVEMENTS
PERFORMANCE BOND
SUBJECT TO RENEW AL
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the City Council of the City of Corona, State of California ("CITY") and Poppybend LLC
_ ("PRINCIPAL") have entered into an Improvement Agreement dated on or about the __ day of f €. \i r1.1. o..i'j 'Z.. S ·th , 20 for public improvements to be constructed as part of the --
T36634 Fullerton And Taber - Street
project ("Improvement Agreement");
WHEREAS, the Improvement Agreement 1s hereby referred to and incorporated herein by reference;
WHEREAS, the PRINCIPAL is required under the terms of the Improvement Agreement to provide a good and sufficient bond, in a form and from a surety acceptable to the CITY, for the performance of the Improvement Agreement;
NOW, THEREFORE,
Markel Insurance Company
the PRINCIPAL and
a
company organized and doing business under and by virtue of the laws of the State of Illinois and duly licensed to conduct a general surety business in the State of California, as "SURETY,'' are held and firmly bound unto the CITY, as "OBLIGEE," m the sum of Five Hundred Nineteen Thousand and 00/100 DOLLARS
($519,000.00 ) 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 bounded 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 Improvement Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the CITY, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the CITY in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The SURETY hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Improvement Agreement or the work to be performed thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of such change, extension, alteration or addition to the terms of the Improvement Agreement or to the work or specifications.
This bond is executed and filed to comply with Section 66499.l of the Government Code of California as improvement security.
IN WITNESS WHEREOF, the seal and signature of said PRINCIPAL is hereto affixed, and the corporate seal and the name of said SURETY is hereto affixed and attested by its duly authorized Attorney-in-Fact at Orange , California, this 24th day of February , 20 .
PRINCIPAL
Poppybend LLC
Print Name
By:
Signature
Name
SURETY
Markel Insurance Company
Shaunna Rozelle Ostrom
Name
Attorney-in-Fact
Title
February 24th, 2025
Date Date
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION BY PRINCIPALS AND SURETY MUST BE ATTACHED TO THIS BOND. 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 _O_ra_n g e __________ )
On ___ 0_2/_2_4_/2_0_2_5 _____ before me, __ ....:.M:..:.ce=..:l:..:: is.::csa::....:....A::..:n.:...:.n_,V-=a:.::.c=ca::.:.r.:::.oL..: 1 N....:.o::..;t:.::a'--' ryc....:Pc....:u=..:b:..:.li:.::.c ____ _ (insert name and title of the officer)
personally appeared Shaunna Rozelle Ostrom
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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signatur 9fc.o:v
Melissa Ann Vaccaro
(Seal)
• MELISSA ANN VACCARO
"' COMM. #2401942 ,.,
"' Notary Public-California
[ ORt-.NGE COUNTY u.
'I ly Com!11. Expires May 12, 2026
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
on _2_5_-F_e_b_-2_0_2_5 _____ before me, Randall Steven Hawk, Notary Public (insert name and title of the officer)
personally appeared Melvin Aou
who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _ ___,/2d'--____ ,/4 __ /_____ _ (Seal)
Subdivision Improvements Performance Bond
......... l
RANDALL STEVEN HAWK
Notary Public - California z
Orange County i;
Commission# 2370176 -
y Comm. Expires Aug 8, 2025
JOINT LIMITED POWER OF ATTORNEY
Bond No. 4480945
POA# 510023
KNOW ALL MEN BY THESE PRESENTS: That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris, Texas and Markel Insurance Company (the "Company"), a corporation duly organized and existing under the laws of the state of Illinois, and having its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint:
Arturo Ayala, Daniel Huckabay, Dwight Reilly, Shaunna Rozelle Ostrom, Frank Morones, Michael D. Stong, Ben Stong, R. Nappi, Benjamin Wolfe, Chelsea Liberatore, Adrian Langrell Their true and lawful agent(s) and attorney(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on their own behalf, individually as a surety or jointly, as co-sureties, and as their act and deed any and all bonds and other undertaking in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of:
Fifteen Million and 00/100 Dollars ($15,000,000.00)
This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company:
"RESOLVED, That the President, any Senior Vice President, Vice President, Assistant Vice President, Secretary, Assistant Secretary, Treasurer or Assistant Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto."
IN WITNESS WHEREOF, Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 20th day of August , 2024 .
SureTec Insurance Company
County of Harris:
On this 20th day of August 2024 A. D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, to me personally known to be the individuals and officers described in, who executed the preceding instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the said companies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument is now in force. ,,,,,, ..... ,,,,, IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Off1C1il��e� if� 1,t.�ams, the day and year first above written .·•' ".-- v· ;,u··-. _;,, .. .:<:J .• · ._* s<,,.;·._.r " :: : () , -:.
i }
By·
Chelsea Turner, Notary Public
:. • •. ..,.,.
I:
i� : :: My commission expires 7/6/2028 ·.1> Of ?.."'"'·· R:, ::
We, the undersigned Officers of SureTec Insurance Company and Markel 1�"1,�C�d��.-<'ertify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has r1'd5jfee8�. ,,' ,,,,,l'I ... ,,,,
IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the 24th day of February 2025 Markel Insurance Company
Any Instrument Issued in excess of the penalty stated above is totau,,- I/old and \'Jithout any va:ldity. 510023 For verification of the authority of this Power you may call (713)812-0e.OO on any business day between 8:30 AM and 5;00 PM CST.
BOND NO. 4480945 -'-'--=-=-='---'-= ------
PREMIUM INCLUDED
IN PERFORMANCE BOND
CITY OF CORONA
SUBDIVISION IMPROVEMENTS
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the City Council of the City of Corona, State of California ("CITY") and Poppybend LLC
_ ("PRI_NCIPAL") have entered into an Improvement Agreement dated on or about the __ day of r- Ol\111.rj 'Z.S t1, , 20l§__ for public improvements to be constructed as part of the
T36634 Fullerton And Taber - Street
project ("Improvement Agreement");
WHEREAS, the Improvement Agreement 1s hereby referred to and incorporated herein by reference;
WHEREAS, the PRINCIPAL is required under the terms of the Improvement Agreement to provide a good and sufficient bond, in a form and from a surety acceptable to the CITY, to secure the claims to which reference is made in Title 15 ( commencing with Section 3082) of Part· 4 of Division 3 of the Civil Code of the State of California;
NOW, THEREFORE,
Markel Insurance Company
the PRINCIPAL and
a
company organized and doing business under and by virtue of the laws of the State of Illinois and duly licensed to conduct a general surety business in the State of California, as "SURETY," are held and firmly bound unto the CITY and all contractors, subcontractors, laborers, materialmen and any others employed in the performance of the Improvement Agreement and referred to in the California Civil Code provisions referenced above, as "OBLIGEES," m the sum of
Two Hundred Fifty-Nine Thousand Five Hundred and 00/100 DOLLARS ($ 259,500.00 ) for
materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that the 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 attorney's fees, incurred by the CITY in successfully enforcing such obligation, such costs, expenses and fees to be fixed by the court, awarded, taxed as costs and included in the judgment therein rendered.
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.
This bond is executed and filed to comply with Section 66499.2 of the California Government Code as improvement security. 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 California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
The SURETY hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Improvement Agreement, or the specifications accompanying the same, shall in any manner affect its obligations on this bond, and it does hereby waive notice of such change, extension, alteration or addition.
The undersigned hereby bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
IN WITNESS WHEREOF, the seal and signature of said PRJNCIPAL is hereto affixed, and the corporate seal and the name of said SURETY is hereto affixed and attested by its duly authorized Attorney-in-Fact at Orange , California, this 24th day of February , 20 .
PRINCIPAL
Poppybend LLC
Print Name
By:
Signature
Title
-z../1-s /?..S
Date
SURETY
Markel Insurance Company
Print Na
I J
/}
By:
Signature
Shaunna Rozelle Ostrom
Name
Attorney-in-Fact
Title
February 24th, 2025
Date
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION BY PRINCIPALS AND SURETY MUST BE ATTACHED TO THIS BOND. 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 _O-"-'-'ra"-'-n.C...g '--'-e __________ )
On ___ 0_2/_2_4/_2_0_2_5 _____ before me, __ ....,_M:..::e:::..:.l :.::: is.::c: sa,:::_:_A::....:n.:...:. n-=V-=a:.::::c.::.: ca=.:.r-=-o-'--' , N....:..o.=.:t:.::::a'--' ry'-'P'-u=-=b:::..:.l":.::: 1c ____ _ (insert name and title of the officer)
personally appeared Shaunna Rozelle Ostrom
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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signatur U
Melissa Ann Vaccaro
(Seal)
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
on _2_5_-F_e_b_-2_0_2_5 _____ before me, Randall Steven Hawk, Notary Public (insert name and title of the officer)
personally appeared Melvin Aou
who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature £2d-+--------- iil- (Seal)
Subdivision Improvements Payment Bond
t>••······ RANDALL STEVEN HAWK
·\ Notary Public - California % = Orange County i::
Commission# 2370176 -
My Comm. Expires Aug 8, 2025
JOINT LIMITED POWER OF ATTORNEY
Bond No. 4480945
POA# 510023
KNOW ALL MEN BY THESE PRESENTS: That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris, Texas and Markel Insurance Company (the "Company"), a corporation duly organized and existing under the laws of the state of Illinois, and having its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint:
Arturo Ayala, Daniel Huckabay, Dwight Reilly, Shaunna Rozelle Ostrom, Frank Morones, Michael D. Stong, Ben Stong, R. Nappi, Benjamin Wolfe, Chelsea Liberatore, Adrian Langrell Their true and lawful agent(s) and attorney(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on their own behalf, individually as a surety or jointly, as co-sureties, and as their act and deed any and all bonds and other undertaking in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of:
Fifteen Million and 00/100 Dollars ($15,000,000.00)
This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company:
"RESOLVED, That the President, any Senior Vice President, Vice President, Assistant Vice President, Secretary, Assistant Secretary, Treasurer or Assistant Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto."
IN WITNESS WHEREOF, Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 20th day of August , 2024 SureTec Insurance Company
County of Harris:
On this 2oth day of August 2024 A. D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, to me personally known to be the individuals and officers described in, who executed the preceding instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the said companies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument is now in force. ,,,,II I 11' I I I I I I
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Off,ciij,• e f t,,\, ams, the day and year first above written . . -· \,; .. ' •••. ''. ,, • _),.; •• x>,Y P(j •. ,,,, : u.-- "'* s<;-,:,
: : 0·,:. • •
- - By: _ _..., - - ---- i ,: i Chelsea Turner, Notary Public ::, -•. "'fJ-
€
i : :: My commission expires 7/6/2028
--:. -- 7 Of .,· ,:
We, the undersigned Officers of SureTec Insurance Company and Markel ln11, C d9l, ertify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has rl'!!i)fee9 . ,,• . ,,,,,, ..... ,,,,
IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the 24th day of February 2025 Markel Insurance Company
Any Instrument Issued in excess of the penalty stated above is totaliy ,..,.oid ar:d withfJut any 11a!idity. 510023 For verification of the authority of this Power you may call (713)812 0-'. 00 on any ()t_;s;n si day between 8:30 AM and 5:00 PM CST.
AGREEMENT FOR PUBLIC IMPROVEMENTS FOR T36634 FULLERTON AND TABOR -
LANDSCAPE
DWG19-041 HI - PWSP2021-0013
Non-Master Plan Improvements
This Agreement is made and entered into as of this 2
nd day of April 2025, by and between the City of Corona, a municipal corporation (hereinafter referred to as "City"), and POPPYBEND LLC, a California limited liability company with its principal offices located at, 18340 Yorba Linda Boulevard Suite 107-200, Yorba Linda, CA 92886 (hereinafter referred to as "Developer").
WITNESS ETH:
FIRST: Developer, for and in consideration of the approval by the City of the final map of that certain land division, or that certain other land development project, known as T36634 Fullerton And Taber - Landscape and more particularly described in Exhibit "A" attached agrees, at Developer's own expense, to furnish all labor, equipment and material necessary, and within FORTY-EIGHT (48) months from the date of this Agreement, to perform and complete in a good and workmanlike manner, all of the required improvements in accordance with those improvement plans for said project which have been approved by the Public Works Director, and are on file in the office of the City Clerk, and to do all work incidental thereto in accordance with the standards set forth in City ordinances and regulations, and pay all costs of engineering necessary in connection therewith, which are expressly made a part of this Agreement. All of the above-required work shall be 'done under the inspection of and to the satisfaction of the Public Works Director, and shall not be deemed complete until approved and accepted as complete by the City. The Developer shall ensure that all employees or contractors completing the work and improvements in connection with this agreement have all licenses, permits, qualifications, acceptable insurance as required by the City and approvals from the City necessary to perform their respective work and that such requirements are maintained throughout the term of this agreement or any extensions thereto.
Developer further agrees to guarantee the improvements for a period of one year following acceptance by the City and agrees during this one-year period to repair and replace, to the satisfaction of the Public Works Director, any defective work or labor done, or defective materials furnished. Developer shall complete the improvements in accordance with Section 66462, Government Code. Developer shall also complete any offsite improvements required as a condition of approval for the project and with plans approved by the Public Works Director at such time as the City acquires an interest in the land which will permit such improvements to be made, and the Developer waives the 120-day time limitation set forth in Section 66462.5, Government Code. The estimated cost of bonds for said work and improvements is the amount of ONE HUNDRED TWENTY-FOUR THOUSAND FOUR HUNDRED DOLLARS AND NO CENTS ($124,400.00) The work and improvements covered by this agreement may also include items in addition to those listed in Exhibit "B" if additional work or improvements are deemed necessary to protect public health or safety.
SECOND: Developer agrees to pay to the City the actual cost of such inspection of the work and improvements as may be required by the Public Works Director. Developer further agrees that, if suit is brought upon this Agreement or any bonds guaranteeing the completion of the improvements, all costs, expenses, and fees, including attorney's fees, incurred by the City in enforcing such obligations shall be paid by Developer and guaranteed by the surety in addition to the face amount of the security, and that, upon entry of judgment, such costs, expenses, and fees shall be included in any judgment rendered.
THIRD: City shall not, nor shall any officer or employee of City, except for its or their sole negligence, be liable or responsible for any accident, loss or damage happening or occurring to the improvements prior to the completion and approval thereof, nor shall City or any officer or employee thereof, be liable for any persons or property injured by reason of the nature of the work, or by reason of the acts or omissions of Developer, its agents or employees, in the construction of the improvements, and all of said liabilities are assumed by Developer. Developer agrees to defend, indemnify, and hold harmless City and its officers and employees thereof from all loss, including attorney's fees, liability or claim because of, or arising out of the acts or omissions of Developer, its agents, and employees, in the performance of this Agreement, or arising out of the use of any patent or patented article in the performance of this Agreement FOURTH: Developer hereby grants to the City and any authorized agent or employee of the City, the irrevocable permission to enter upon the project for the purpose of completing the improvements. This permission shall terminate in the event that the Developer has completed construction of the improvements
within the time specified or any extension thereof granted by the City.
FIFTH: Developer agrees at all times, up to the completion and acceptance of the improvements by the City, to give good and adequate warning to the traveling public of each and every dangerous condition caused by the construction of the improvements, and to protect the traveling public from such dangerous conditions.
Developer shall keep all traveled ways that are a part of, or affected by the construction of this project free and clear of mud, dirt and debris and shall provide a minimum of twice monthly street sweeping service. A copy of the contract for street sweeping service shall be provided to the City. Developer's obligation for street sweeping shall continue until such time as the City accepts the improvements as being complete. The bonds securing performance of this Agreement shall secure developer's obligation under this provision.
SIXTH: Developer, its agents, and employees, shall give notice to the Public Works Director at least 48 hours before beginning any work and shall furnish the Public Works Director all reasonable facilities and access for obtaining full information with respect to the progress and manner of work.
SEVENTH: If Developer, its agents or employees, neglects, refuses, or fails to construct the work with such diligence as to insure its completion within the specified time, or within such extensions of time that have been granted by the City, or if Developer fails to perform satisfactorily any of the provisions of the plans it shall be in default of this Agreement and written notice of such default shall be served upon Developer. The City Council shall have the power, on recommendation by the Public Works Director, to terminate all rights of the Developer because of such default. The determination by the Public Works Director whether any of the terms of the Agreement or plans have been violated, or have not been performed satisfactorily, shall be conclusive upon the Developer, and all parties who may have any interest in this Agreement or any portion thereof. The provisions of this section shall be in addition to all other rights and remedies available to the City at law or in equity.
EIGHTH: Developer agrees to file with City, prior to the date this Agreement is executed, (a) good and sufficient improvement security in an amount not less than the estimated cost of the work and improvements for the faithful performance of the terms and conditions of this Agreement, and (b) good and sufficient security for payment of labor and materials in the amount prescribed by City ordinances and regulations to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the California Civil Code. Developer agrees to renew each and every such bond(s) with good and sufficient sureties or increase the amounts of said bond(s), or both, within ten (10) days after being notified by the Public Works Director that the sureties or amounts are insufficient. Notwithstanding any other provision herein, if Developer fails to take such action as is necessary to comply with said notice, he shall be in default of this Agreement unless all required improvements are completed within ninety (90) days following the date on which the Public Works Director notified Developer of the insufficiency of the security or the amount of the bond(s) or both.
NINTH: Developer and the City and any surety or sureties on the bond(s) securing this Agreement agree that, in the event it is deemed necessary to extend the time for completion of the improvements and work to be done under this Agreement, extensions of time may be granted by the City, either at its own option, or upon request of Developer, and such extensions shall not affect the validity of this Agreement or release the surety or sureties on said bond(s). Developer agrees to maintain the aforesaid bond(s) in full force and effect during the terms of this Agreement, including any extensions of time as may be granted.
TENTH: If any provision of this Agreement is held by the courts to be unlawful and void, the validity of the remaining portions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. This agreement and the obligations described herein are binding upon the project and successor owners thereof; provided, however, that Developer will remain obligated hereunder until such time as new agreements covering the matters described herein have been executed by the City and the new owner of the project.
ELEVENTH: Any notice or notices required or permitted to be given pursuant to this Agreement shall be given to the other party by mail, postage prepaid, at the following addresses:
City:
The City of Corona
Public Works Department
400 S. Vicentia Avenue
Corona, CA 92882
Developer:
Poppybend LLC
18340 Yorba Linda Blvd. Suite 107-200
Yorba Linda, CA 92886
IN WITNESS WHEREOF Developer has affixed his name, address, and seal.
ATTEST:
CITY CLERK
OF THE CITY OF CORONA
By:-------------
City Clerk
(SEAL)
Poppybend LLC,
a California limited liability company
By:
Melvin Aou, manager°
SEE ATTACHED
CALIFORNIA
ACKNOWLEDGEMENT
CITY OF CORONA
By: ____________ _
Joanne Coletta, Planning and Development Director
NOTE: TWO SIGNATURES ARE REQUIRED FOR CORPORATIONS UNLESS CORPORATE DOCUMENTS ARE PROVIDED THAT INDICATE OTHERWISE.
SIGNATIJRES OF DEVELOPER MUST BE EXECUTED AND ACKNOWLEDGED BEFORE A NOTARY IN COMPLIANCE WITH CML CODE SECTION 1189 - ORIGINAL - CITY CLERK; COPIES - DEVELOPER AND PUBLIC WORKS PROJECT FILE
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
On FEBRUARY 25, 2025 before me NAZITA RAMIN, NOTARY PUBLIC '------------------- (insert name and title of the officer)
personally appeared MELVIN SHUN-MING AOU
who proved to me on the basis of satisfactory evidence to be th \son(s) whose name(sfist¥e e cribed
to the within instrument and acknowl7? d to me th t h..o/she/they executed th me in er/their authorized capacity(ies), and that b er/their sigrrature(s) on the instrument the son(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand ai?cial seal.
Signature (I-K (Seal)
············
• , NAZITA RAMIN
:
.
,. Notary Public • California
:
I ;;; Orange County
Commission II 2499545
• , My Comm. Expires Oct 8, 2028
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROJECT
SEE A TT ACHED
LEGAL DESCRIPTION
Real property in the City of Corona, County of Riverside, State of California, described as follows:
THE SOUTHERLY ONE-HALF OF LOT 140 OF ORANGE HEIGHTS, AS SHOWN BY MAP ENTITLED "AMENDED MAP OF DIVISION #1 OF ORANGE HEIGHTS" ON FILE IN BOOK 2, PAGE 1 OF MAPS, RNERSIDE COUNTY RECORDS.
TOGETHER WITH THOSE PORTIONS OF HUDSON AVENUE AND FULLERTON AVENUE VACATED BY RESOLUTION #95-03 OF THE OTY COUNOL OF THE OTY OF CORONA RECORDED JANUARY 23, 1995 #19877.
EXCEPTING THEREFROM THAT PORTION SET-OUT IN THAT FINAL ORDER OF CONDEMNATION, CASE NO. 229550 SUPERIOR COURT, IN THE COUNTY OF RIVERSIDE, RECORDED MAY 18, 1993 AS INSTRUMENT NO. 185144 OF OFFIOAL RECORDS.
APN: 120-340-018 and 120-451-040
Faithful Performance
Labor and Material
EXHIBIT "B"
COST ESTIMATE
(To be provided by developer's engineer)
SEE ATTACHED
$124,400.00
$62,200.00
PrqJe
't.oeatiom
'DW(fNoi,
BOND ESTIMATE ·SHEET
(4$ , fw lrnprov'ementS:other.than GraditigWork Only):
DATE:
NOTES;_
1 AU construction co$t tiinate$_Should be "'itai;h dJCl this form, l:ln(f h lli111if1Jcl publicly• ' fTlaitl ineq !?,ni:i pe &irriga iort.
2, iPerformijfl -8ond Estimi!te i,ha!J be 9i11qil.ited at.130% ,Pf the est!mcif!3d tpnstructicin'-cpst to 1ticiJL/qe,Engiii¢ering,Co.ntjngenclet;&Planhing. The 130!1/. is.the estimated totalconsfruction 3 Ubdr :& Maten i Bcind Esti!hale sh ilbe 50% of thiu:.-1culc1ted Pe,rforman ·Bqr,d 4 City -s.tarts.ball review· II t1mate and m,i;h: ch ng Jtie arfiour:iCaf th i,r\glnE>er's estimated bonds.
5 A c rret1ttltle report:shallbe s'i:tbmltted fo.fbondin•g putposes;:
SAitCJia gnature WET stAMP4 DATE
Co (M t)f)-\r > 'A.
2'3 p"ii JSD
•
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ProjectTRAK
PWGR2021-0019 Address: TM 36634
FAITHFUL PERFORMANCE BOND - PUBLIC
IMPROVEMENTS
Date Paid: Tuesday, February 25, 2025
Paid By: POPPYBEND LLC
Cashier: MLEY
Pay Method: BOND
Printed: Tuesday, February 25, 2025 2:10 PM
APN:
11000000 22002 ORIGINAL $124,400.00
1 of 1
..... , ...
,,.,
SUPER ION
ProjectTRAK
PWGR2021-0019 Address: TM 36634
LABOR & MATERIAL BOND - PUBLIC
IMPROVEMENTS
Date Paid: Tuesday, February 25, 2025
Paid By: POPPYBEND LLC
Cashier: MLEY
Pay Method: BOND
Printed: Tuesday, February 25, 2025 2:09 PM
APN:
11000000 22002
1 of 1
ORIGINAL $62,200.00
...,
>
....
,,,
SUPERION
BOND NO. 4480946
---------
INITIAL PREMIUM: $2 988.00 -------
CITY OF CORONA
SUBDIVISION IMPROVEMENTS
PERFORMANCE BOND
SUBJECT TO RENEW AL
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the City Council of the City of Corona, State of California ("CITY") and Poppybend LLC
_ ("PRINCIPAL") have entered into an Improvement Agreement dated on or about the __ day of y: €_ b fv. u.r J 2 S tb , 20 for public improvements to be constructed· as part of the
T36634 Fullerton And Taber - Landscape
project ("Improvement Agreement");
WHEREAS, the Improvement Agreement 1s hereby referred to and incorporated herein by reference;
WHEREAS, the PRINCIPAL is required under the terms of the Improvement Agreement to provide a good and sufficient bond, in a form and from a surety acceptable to the CITY, for the performance of the Improvement Agreement;
NOW, THEREFORE,
Markel Insurance Company
the PRINCIPAL and
a
company organized and doing business under and by virtue of the laws of the State of Illinois and duly licensed to conduct a general surety business in the State of California, as "SURETY," are held and firmly bound unto the CITY, as "OBLIGEE," m the sum of One Hundred Twenty-Four Thousand Four Hundred and 00/100 DOLLARS ($ 124,400.00 ) 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 bounded 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 Improvement Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the CITY, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the CITY in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The SURETY hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Improvement Agreement or the work to be performed thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of such change, extension, alteration or addition to the terms of the Improvement Agreement or to the work or specifications.
This bond is executed and filed to comply with Section 66499 .1 of the Government Code of California as improvement security.
IN WITNESS WHEREOF, the seal and signature of said PRINCIPAL is hereto affixed, and the corporate seal and the name of said SURETY is hereto affixed and attested by its duly authorized Attorney-in-Fact at Orange
•
, California, this 24th day of February , 2025 .
PRINCIPAL
Poppybend LLC
Print Name
By:
Signature
M.f!.\ V if\ A()\.{
Title '-J
'1-(1_S /25
SURETY
Markel Insurance Company
Shaunna Rozelle Ostrom
Name
Attorney-in-Fact
Title
February 24th, 2025
Date Date
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION BY PRINCIPALS AND SURETY MUST BE ATTACHED TO THIS BOND. 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 _O.;::...c.,; r ac;.;..n=g=e __________ __,
On ___ 0.::...:2=/=2 4-'-'/.;.;;.2 ..;;..02=5"--- - - - - before me, __ ....;.M;;..;..e.::...:l '""
i s-"-sa"'--'-A"-'n'-'-n--'V...;;. a=c.;;;.. ca=r
-"- 0.._1 N....;..;;;.. ot=a"""' ry'""P'--u=-b.::...:l"c..c1c ____ _ (insert name and title of the officer)
personally appeared Shaunna Rozelle Ostrom
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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signaturem J (Seal)
Melissa Ann Vaccaro
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
On 25-Feb-2025 before me, Randall Steven Hawk, Notary Public ------------
(insert name and title of the officer)
personally appeared _M_e_lv_in_A_o_u _____________________ _ who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature -----=LZd---- __ .....___tl-___ _ (Seal)
Subdivision Improvements Performance Bond
········ RANDALL STEVEN HAWK
Notary Public • California %
Orange County
Commission# 2370176 -
y Comm. Expires Aug 8, 2025
JOINT LIMITED POWER OF ATTORNEY
Bond No. 4480946
POA# 510023
KNOW ALL MEN BY THESE PRESENTS: That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris, Texas and Markel Insurance Company (the "Company"), a corporation duly organized and existing under the laws of the state of Illinois, and having its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint:
Arturo Ayala, Daniel Huckabay, Dwight Reilly, Shaunna Rozelle Ostrom, Frank Morones, Michael D. Stong, Ben Stong, R. Nappi, Benjamin Wolfe, Chelsea Liberatore, Adrian Langrell Their true and lawful agent(s) and attorney(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on their own behalf, individually as a surety or jointly, as co-sureties, and as their act and deed any and all bonds and other undertaking in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of:
Fifteen Million and 00/100 Dollars ($15,000,000.00)
This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company:
"RESOLVED, That the President, any Senior Vice President, Vice President, Assistant Vice President, Secretary, Assistant Secretary, Treasurer or Assistant Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto."
IN WITNESS WHEREOF, Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 20th day of August , 2024 .
Sure Tee Insurance Company
County of Harris:
On this 20th day of August 2024 A. D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, to me personally known to be the individuals and officers described in, who executed the preceding instrument, and they acknowledged the execution of same, an_d being by me duly sworn, disposed and said that they are the officers of the said companies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument is now in force. , , , \ ' 1111 JI I I I I I
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Offici \. e if f:,f, ams, the day and year first above written. ,' \,; ,•· .... '• ,, /cf..i* ?,Y P(JS -'-=;_ -1
:: _. <' () •. -:
1 }
By. Chelsea Turner, Notary Public
:. -•. .,.£ ;' :: My commission expires 7/6/2028
-:._ :-1? 13 !.s .. 'J.,f·· ,::
We, the undersigned Officers of SureTec Insurance Company and Markel ln'll Con:p:mlfd '(<:ertify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has rl' Jfee9 . ,,,' "11•11n11'''
IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the 24th day of February _2_0_2_5 __ _ Markel Insurance Company
Any Instrument Issued ln excess of the penalty stated above is totally void .J. d with au any valiC:·ity. 510023 For verification of the authority of this Power you may call (713)812-0800 m, ;Jny business day between 8:30 AM and 5:00 PM CST.
BOND NO. 4480946 ----------
PREMIUM INCLUDED
IN PERFORMANCE BOND
CITY OF CORONA
SUBDIVISION IMPROVEMENTS
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the City Council of the City of Corona, State of California ("CITY") and Poppybend LLC
_ ("PRINCIPAL") have entered into an Improvement Agreement dated on or about the __ day of Y) r \.l u f'j '2S fh , 20 for public improvements to be constructed as part of the
T36634 Fullerton And Taber- Landscape
project ("Improvement Agreement");
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference;
WHEREAS, the PRINCIPAL is required under the terms of the Improvement Agreement to provide a good and sufficient bond, in a form and from a surety acceptable to the CITY, to secure the claims to which reference is made in Title 15 ( commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California;
NOW, THEREFORE,
Markel Insurance Company
the PRINCIPAL and
a
company organized and doing business under and by virtue of the laws of the State of Illinois and duly licensed to conduct a general surety business in the State of California, as "SURETY," are held and firmly bound unto the CITY and all contractors, subcontractors, laborers, materialmen and any others employed in the performance of the Improvement Agreement and referred to in the California Civil Code provisions referenced above, as "OBLIGEES," m the sum of
Sixty-Two Thousand Two Hundred and 00/100 DOLLARS ($62,200.00 ) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that the 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 attorney's fees, incurred by the CITY in successfully enforcing such obligation, such costs, expenses and fees to be fixed by the court, awarded, taxed as costs and included in the judgment therein rendered.
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.
This bond is executed and filed to comply with Section 66499.2 of the California Government Code as improvement security. 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 California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
The SURETY hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Improvement Agreement, or the specifications accompanying the same, shall in any manner affect its obligations on this bond, and it does hereby waive notice of such change, extension, alteration or addition.
The undersigned hereby bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
IN WITNESS WHEREOF, the seal and signature of said PRINCIPAL is hereto affixed, and the corporate seal and the name of said SURETY is hereto affixed and attested by its duly authorized Attorney-in-Fact at Orange , California, this 24th day of February , 2025 .
PRINCIPAL
Poppybend LLC
Print Name
By:
Signature
Mt\v'-.'"
Name
0! Lift(). qer
Title 1J
SURETY
Marke,! Insurance Company
PrintNa
By: A /)
Signature
Shaunna Rozelle Ostrom
Name
Attorney-in-Fact
Title
February 24th. 2025
Date Date
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION BY PRINCIPALS AND SURETY MUST BE ATTACHED TO THIS BOND. 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 _O ra"""n""'g"'"e __________ __,
On ___ 0_2_/_24_/_2_02_5 _____ before me, __ _;_M:..:...ecc.1·=1s.;;;.. sa:;;...;_A;_;_n:..;_n ....:.V...;::;a=cc=a=r=o'--' , N--'-o=t=a'--' ry'--'P'-u=bc..cli=c ____ _ (insert name and title of the officer)
personally appeared Shaunna Rozelle Ostrom
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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signatur UJ\()
Melissa Ann Vaccaro
(Seal)
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
on 25-Feb-2025 before me, Randall Steven Hawk, Notary Public ------------
(insert name and title of the officer)
personally appeared Melvin Aou
who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ____ #,d __ ___. __ ll ______ (Seal)
Subdivision Improvements Payment Bond
ie••••••••••• • • > RANDALL STEVEN HAWK
: \ Notary Public - California z
• : Orange County S::
z Commission# 2370176 -
c.;;J, --,• My Comm. Expires Aug 8, 2025
JOINT LIMITED POWER OF ATTORNEY
Bond No. 4480946
POA# 510023
KNOW ALL MEN BY THESE PRESENTS: That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris, Texas and Markel Insurance Company (the "Company"), a corporation duly organized and existing under the laws of the state of Illinois, and having its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint:
Arturo Ayala, Daniel Huckabay, Dwight Reilly, Shaunna Rozelle Ostrom, Frank Morones, Michael D. Stong, Ben Stong, R. Nappi, Benjamin Wolfe, Chelsea Liberatore, Adrian Langrell Their true and lawful agent(s) and attorney(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on their own behalf, individually as a surety or jointly, as co-sureties, and as their act and deed any and all bonds and other undertaking in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of:
Fifteen Million and 00/100 Dollars ($15,000,000.00)
This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company:
"RESOLVED, That the President, any Senior Vice President, Vice President, Assistant Vice President, Secretary, Assistant Secretary, Treasurer or Assistant Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto."
IN WITNESS WHEREOF, Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 2oth day of August , 2024 .
SureTec Insurance Company
State of Texas
County of Harris:
On this 2oth day of August 2024 A. D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, to me personally known to be the individuals and officers described in, who executed the preceding instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the said companies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument is now in force. ,,,,,II II II I ,1
1 1
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Officiil• e f fit. ams, the day and year first above wntten. -· \, . -.... -'. ,,
t'd /P i -\ By: : : _: =
Chelsea Turner, Notary Public
-: •• )"
l:
i .• :: My commission expires 7/6/2028
··.1:> Of , ... • ::
We, the undersigned Officers of SureTec Insurance Company and Markel l;!'w C d 'ertify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has rl'e5 "ee9 . ,,,' .
111J
IH 111t\
'-
IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the 24th day of February _2_0_2_5 __ _
Markel Insurance Company
Any ln.strument Issued in excess of the penalty stated above is totally void cjnd wit/lout a't1y validi . 510023 For verification of the authority of this Power you may call (713)812-0800 on any business aay between 8:30 AM and 5:00 PM CST.
AGREEMENT FOR SURVEY MONUMENTATION
136634 FULLERTON AND TABOR- PWLE2019-0013
This Agreement is entered into as of this 2
nd day of April 2025, by and between the City of Corona, a municipal corporation (hereinafter referred to as "City") and POPPYBEND LLC, a California limited liability company with its principal offices located at, 18340 Yorba Linda Boulevard Suite 107-200, Yorba Linda, CA 92886 (hereinafter referred to as "Developer").
WITNESS ETH:
FIRST: Developer, for and in consideration of approval of TRACT MAP 36634 (hereinafter referred to as T36634 map) has submitted to the City for its approval and subsequent recordation a map prepared by CIVIL TRANS INC. containing property monuments in accordance with Section 66495 of the Subdivision Map Act.
SECOND: Developer now desires to record said T36634 prior to having interior monuments set for said T36634 Map, and in consideration has instructed to certify on said T36634 Map that monuments will be set within ONE YEAR after recordation of T36634 Map. Furthermore, Developer has agreed to provide security guaranteeing the payment for the cost of setting such monuments in accordance with Section 66496 of the Subdivision Map Act.
THIRD: Developer and City desire to enter into this Agreement for the furnishing of security for the setting of monuments in performance of this Agreement. Upon the execution of this Agreement, Developer shall provide City with a surety bond in the amount of SIX THOUSAND NINE HUNDRED DOLLARS AND NO CENTS ($6,900.00) to guarantee the faithful performance of all of the provisions of this Agreement. The surety shall have a current A.M. Best's rating of no less than "A", shall be licensed to do business in California, and shall be satisfactory to the City. Upon request of the City, the amount of the bond shall be subject to adjustment at the sole and absolute discretion of the City if the estimated cost for the setting of monuments changes. As part of the obligation secured by the surety and in addition to the face amount of the bond, the surety shall also secure the costs and reasonable expenses and fees, including reasonable attorney's fees and costs, incurred by City in enforcing the obligations of this Agreement. These expenses, fees and costs shall be taxed as costs and included in any judgment rendered. The surety stipulates and agrees that no change, extension of time, alteration, or addition to the terms of this Agreement shall in any way affect its obligation on the bond. In addition, the surety waives notice of any change, extension of time, alteration, or addition to the terms of this Agreement.
FOURTH: The City may, either before or after the expiration of the time provided above and in its sole and absolute discretion, provide Developer with additional time within which to insure setting on monuments as required above. It is understood that by providing security for this Agreement, Developer's surety consents in advance to any extension of time as may be given by City to Developer, and waives any and all right to notice of such extension(s). The granting of an extension of time by City shall constitute a waiver by Developer and its surety of all defense of (aches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by City following the date on which the monuments were to have been completed hereunder.
FIFTH: Upon default of any obligation hereunder, and at any time after any such default, City may make written demand upon Developer or its surety, or both, to immediately remedy the default. If the required work is not substantially commenced within ten (10) days of such demand, or if it is not thereafter diligently prosecuted to a completion acceptable to City within the time frame contained in the demand, City may then arrange for the completion of all remaining work. All such work shall be at the sole and absolute expense and obligation of Developer and its surety, without the necessity of giving any further notice to Developer or surety.
SIXTH: If City determines that there is a violation of applicable federal, state, or local laws, ordinances, regulations or other requirements, or the terms and conditions of this Agreement, it may issue a cease-and-desist order. Developer hereby acknowledges irreparable harm and injury to City for the purposes of an application by City to the courts for a restraining order hereunder.
SEVENTH: Developer and its surety shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless from any and all liability from loss, damage, or injury to property or persons, including wrongful death, in any manner arising out of or incident to any acts, omissions or willful misconduct of Developer, its officers, employees or agents arising out of or in connection with Developer's performance of this Agreement, including without limitation the payment of attorneys' fees. Further, Developer and its surety shall defend at their own expense, including attorneys' fees, City, its officials, officers, employees, and agents in any legal action based upon such acts, omissions, or willful misconduct
EIGHTH: If Developer fails to comply with the provisions of this Agreement within the time set forth herein, or if Developer fails to comply with any other obligation contained herein, Developer and its surety shall be jointly and severally liable to City for all administrative expenses, fees, and costs, including reasonable attorney's fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law.
NINTH: All notices to be given hereunder shall be in writing and may be made either by personal delivery or by registered or certified mail, postage prepaid, return receipt requested. Mailed notices shall be addressed to the parties listed at the addresses listed below, but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt; mailed notices will be deemed communicated as of two (2) days after mailing.
CITY:
City of Corona
Public Works Dept.
400 S. Vicentia Avenue
Corona, California 92882
DEVELOPER:
Poppybend LLC
18340 Yorba Linda Blvd. Suite 107-200
Yorba Linda, CA 92886
TENTH: This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements, either in writing or oral, express, or implied. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
ATTEST:
CITY CLERK
OF THE CITY OF CORONA
By:-----------
City Clerk
Poppybend LLC,
a California limited liability company
By:
Melvin Aou, manager
CITY OF CORONA
By: ___________ _
Joanne Coletta, Planning and Development Director
NOTE: TWO SIGNATURES ARE REQUIRED FOR ALL CORPORATIONS UNLESS CORPORATE DOCUMENTS ARE PROVIDED THAT INDICATE OTHERWISE.
SIGNATURES OF DEVELOPER MUST BE EXECUTED AND ACKNOWLEDGED BEFORE A NOTARY IN COMPLIANCE WITH CIVIL CODE SECTION 1189 - ORIGINAL· CITY CLERK; COPIES-DEVELOPER AND PUBLIC WORKS PROJECT FILE
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Riverside
on February 25,2025 before me, Micaela C Leyva, Notary Public (insert name and title of the officer)
personally appeared _M_e_lv_in_A_o_u ______________________ _ 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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
-··········· : a .,.ICAE!.A C. Vc"VA
otary ?uDllc • California J I iverside County I
Commission :t 2491684 -
My omm. Exofres Jun 19. 2028
ProjectTRAK
PWGR2021-0019 Address: TM 36634
FAITHFUL PERFORMANCE BOND - SURVEY
MONUMENTATION
Date Paid: Tuesday, February 25, 2025
Paid By: POPPYBEND LLC
Cashier: MLEY
Pay Method: BOND
Printed: Tuesday, February 25, 2025 2:26 PM
APN:
11000000 22002 ORIGINAL $6,900.00
1 of 1 ,-\
SUPER ION
Surety Bond No. 4480948
Premium: $250.00
SURVEY MONUMENTATION BOND
WHEREAS, the City of Corona, a municipal corporation of the State of California ("City") by its City Council, and ______ Po�P�P�Yb_e_n_d_L_LC ____________ _ (hereinafter designated as "Principal") have entered into an Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement, dated f-e r1.1.C)._fi LS t , 2025, and identified as Project T36634 Fullerton and Taber - Monumentation is hereby referred to and made a part hereof as if fully set forth herein, and
WHEREAS, said Principal is required under the terms of said Agreement to furnish a bond for the faithful performance of said Agreement.
NOW, THEREFORE, we, the Principal and Markel Insurance Company as Surety are held and are firmly bound unto the City of Corona, (hereinafter called "City"), in the penal sum of Six Thousand Nine Hundred and 00/100 Dollars ($6,900.00 ) 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 bonded 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 -1-
SURVEY MONUMENTATION BOND
in the said Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning; and shall faithfully fulfill the one-year guarantee as set forth in the said Agreement; and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore, 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 judgement rendered.
The Surety thereby 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 anywise 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; and expressly waives the defenses of statutes of limitation, laches and estoppel in the event said extensions of time, alterations, changes or additions are granted or made.
Surety, by executing this Faithful Performance Bond, warrants and alleges that it has read the said Agreement or by signing this bond shall be deemed to have read said Agreement and knows the contents and all provisions therein contained, and shall be bound by each and every term, condition and provision contained therein. -2-
SURVEY MONUMENTATION BOND
This bond is executed and filed in accordance with Sections 66499, 66499.1, 66499.3, 66499.4, 66499.7, 66499.8 and 66499.9 of the California Government Code and applicable sections of the City's Regulations as provided in Chapter 15.48, Title 15 of said City Code.
Signed, Sealed and Dated: February 24th, 2025
(Attach acknowledgment of
signatures of both Principal
and Surety)
(Attorney-in-Fact must attach
copy of Power of Attorney
evidencing authority to bind
Surety)
-3-
Poppybend LLC
Name of Principal
By: 1
By: --------------
18340 Yorba Linda Boulevard, Suite 107-200
Address
Yorba Linda, CA 92886
City and State
Markel Insurance Company
Name
GE
By: /lAU
Attorney-in:Fact, Shaunna Rozelle Ostrom
3111 Camino del Rio N, Suite 900
Address
San Diego, CA 92108
City and State
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 _O.;:;..;..;; ra"'-n'"' g..c.. e __________ __,) On __ ..:...02=/=2-"4/=2=0"-'-25.c...._ _____ before me, ----'-M"-eC.C.l '-'- is ..:... s a"'--'-- A """n'-'-n --'-V-"-a ..C.. c c=a=r"--0'-' 1 N--'-o=t=a'--" ry---'P--'u""'b'-'-' l i..c.. c ____ _ (insert name and title of the officer)
personally appeared Shaunna Rozelle Os trom
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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
Meli s s a A nn Va c c a ro
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
on _2_5_-F_e_b_-2_0_2_5 _____ before me, Randall Steven Hawk, Notary Public (insert name and title of the officer)
personally appeared _M_e_lv_i_n_A_o_u _____________________ _ who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __ ---- #-____ _ (Seal)
Survey Monumentation Bond
········1
RANDALL STEVEN HAWK
Notary Public - California z
Orange County
Commission It 2370176
My Comm. Expires Aug 8, 2025
JOINT LIMITED POWER OF ATTORNEY
Bond No. 4480948
POA# 510023
KNOW ALL MEN BY THESE PRESENTS: That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State ofTexas and having its principal office in the County of Harris, Texas and Markel Insurance Company (the "Company"), a corporation duly organized and existing under the laws of the state of Illinois, and having its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint:
Arturo Ayala, Daniel Huckabay, Dwight Reilly, Shaunna Rozelle Ostrom, Frank Morones, Michael D. Stong, Ben Stong, R. Nappi, Benjamin Wolfe, Chelsea Liberatore, Adrian Langrell Their true and lawful agent(s) and attorney(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on their own behalf, individually as a surety or jointly, as co-sureties, and as their act and deed any and all bonds and other undertaking in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of:
Fifteen Million and 00/100 Dollars ($15,000,000.00)
This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company:
"RESOLVED, That the President, any Senior Vice President, Vice President, Assistant Vice President, Secretary, Assistant Secretary, Treasurer or Assistant Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto."
IN WITNESS WHEREOF, Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 20th day of August , 2024 SureTec Insurance Company
County of Harris:
On this 20th day of August 2024 A. D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, to me personally known to be the individuals and officers described in, who executed the preceding instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the said companies aforesaid, and that the seals affixed to tl1e proceeding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument is now in force. \.,,,, 1111 I
I It II I
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Officitl.5e frJ..-,i,j f,f, arns, the day and year first above written -· ,-,\, . ' .... ::,..,..-11. ,,
• _,._v .•• p.Y Pu· · ,
! · ' (- \ By:
: : Ul UJ : :; Chelsea Turner, Notary Public
:_ . - // ·-_1:jf: Of i",:.,_: :
My commission expires 7 6 2028
•• .--: 13:,-.sA'l- •• •
We, the undersigned Officers of SureTec Insurance Company and Markel ln"J C d ertify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still In full force and effect and has ri'11&jfee8 . ,,•' .,,,,,,111••'"
IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the day of February 2025 Markel Insurance Company
Any Instrument Issued in excess of the penalty stated above is totally void an with::wt any v_ali!.Jiti;. 510023 For verification of the authority of this Power you may call (713)812 0800 on c!iny business day between 8:30 AM and 5:00 PM CST.