Arboretum Gardens
Executed in Triplicate Street, Storm Drain, Sewer, Traffic Signal and Monument Bond No. 30142511
Premium $12,126.00 / annum
SECURITY BOND FOR FAITHFUL PERFORMANCE OF
SUBDIVISION AGREEMENT
Tract Map No.: 20362
WHEREAS, the City Council of the City of Fontana, State of California, and, Lennar Homes of California, Inc. ("Principal") have entered into an agreement dated (the "Agreement") which is incorporated herein by reference, in which Principal has agreed to construct, install and complete certain designated public improvements; and WHEREAS, under the terms of the Agreement, Principal is required to file before commencing work a good and sufficient payment bond with the City of Fontana to secure faithful performance of the terms of the Agreement.
NOW, THEREFORE, Principal and the undersigned as corporate surety, are held and (S5,389,304.21 ) to assure faithful performance of all terms and conditions of the Agreement.
This bond shall be and remain in full force and effect, and shall indemnify and hold harmless the City of Fontana, its officers, agents and employees until all terms, covenants, provisions and conditions of the Agreement, and any agreed upon alterations or additions thereto, are fully and well met and performed by the Principal, his or its heirs, executors, administrators, successors or assigns, to the satisfaction of the City of Fontana in the time and manner specified in the Agreement. Upon fulfillment of the obligations set forth in the Agreement as specified above, this obligation bond shall become null and void.
As part of the obligation secured hereby, Principal shall pay, in addition to the face amount of this bond, all costs and reasonable expenses and fees including reasonable attorney's fees, incurred by the City of Fontana in successfully enforcing such obligation, as may be awarded by a court of competent jurisdiction in any judgement upon this bond.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying it shall in any manner affect its obligation on this bond and surety hereby waives notice of any such change, alteration or addition.
Revised - RG - 10/31/16
IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes as deemed an original, have been duly executed by the Principal and Surety, as evidenced by the signatures of their duly authorized representatives whose signatures appear below, on this 13th_day of December
Lennar Homes of California, Inc., a California corporation
PRINCIPAL
Geoffrey Smitn-Vice President
(NOTARIZATION AND SEAL)
The Continental Insurance Company
SURETY
Amendo uner-Quire
Amanda Turman-Avina, Attorney-in-Fact
(NOTARIZATION AND SEAL)
NOTE: Please Attach Notary
Acknowledgement and
Power of Attorney.
Revised - RG - 10/31/16
California All-Purpose
Certificate of Acknowledgment
CIVIL CODE 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. n State of California)
County of Riverside )
On December 15, 2021 before me, Beth Bruley, Notary Public, personally appeared Geoffrey Smith,
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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
BETH BRULEY
Notary Public - California
Riverside County NNA 11
Commission # 2247751
My Comm. Expires Jul 24, 2022
(Seal)
State of Texas
SS:
County of Harris
on 121312021
_, before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Amanda Truman-Avina
known to me to be Attorney-in-Fact of Ine continental msurance companu the corporation described in and that executed the within and foregoing instrument, and known tø me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above.
My Commission Expires April 20, 2022 Laura Elimkett Sudeth Laura Elizabeth Sudduth Notary Public
Laura Elizabeth Sudduth
My Commission Expires
04/20/2022
ID No. 131537924
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT insurance l Men By his pent to the Cly rice, and at or lins, and a no by ite rie gate and set hereinisting affixed hereby make, constitute and appoint Amanda Turman-Avina , Individually
Houston - its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts -
Surety Bond Number: 30142511
Principal:_ Lennar Homes of California, Inc.
Obligee: City of Fontana
And do it the tormey, pu ly end to the same ie give ineby rate and on my duly autoried fice ofte nsurance company and all This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Board of Directors of the insurance company.
In Witness Whereof, The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 2nd day of February, 2021.
The Continental Insurance Company
Paul T. Bruflat
State of South Dakota, County of Minnehaha, ss:
On this 2nd day of February, 2021, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of The Continental Insurance Company, a Pennsylvania insurance company, described in and which executed the above instrument; that he knows the seal of said insurance company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance company. +5555455595649966666565 +
M. BENT
NOTARY PUBLIC
FAL SOUTH DAKOTA SEA M. Bent
+99559946656900099666666 +
My Commission Expires March 2, 2026 M. Bent Notary Public
CERTIFICATE
k D. Johnsón, Assistant Secretary of The Continental Insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of Attorney heroin above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of the insurance company printett on the revetse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance congany this 4ệth December 2021
The Continental Insurance Company
D. Johnson
D. Johnson Assistant Secretary
Form F6850-2-2021