SUBDIVISION IMPROVEMENT AGREEMENT
RE: Tract 18881
(Date of Subdivision Map Recordation:_
THIS AGREEMENT is between the City of Fontana, a municipal corporation, County of San Bernardino, State of California ("City") and CalAtlantic Group, Inc., ("Subdivider"):
WHEREAS, the application for tentative Tract Map No. 18881, was conditionally approved on October 14, 2014; and
WHEREAS, Subdivider is the owner of that certain parcel of land defined by the Final Map and Subdivider proposes to do and perform certain work of improvement thereon as set forth in this agreement; and
WHEREAS, City desires to assure that the proposed improvements will be done in a good workmanlike manner and in accordance with the laws and standards now in force and effect in the City, the terms and conditions of which are incorporated herein by reference; and WHEREAS, Subdivider declares that he is familiar with the pertinent regulations contained in the City Code and in the Subdivision Map Act (Government Code Sections 66410 to 66500) and agrees to comply therewith; and
WHEREAS, a Final Map of the subdivision, prepared in accordance with the City's Subdivision Ordinance, has been filed by Subdivider with City for approval by the City Council; NOW THEREFORE, in consideration of the approval and acceptance of the Final Map by the City Council and the acceptance of easements therein offered for dedication for street, utility, and other public purposes and the covenants herein contained, the parties hereto mutually covenant and agree as follows:
1. General requirements:
Subdivider shall, at its own cost and expense, provide all required tests, design work, equipment, materials and labor in order to complete all of the improvements set forth in Exhibit "A" to the satisfaction of the City Engineer of the City. All required improvements have an estimated cost of construction totaling Six Hundred Thirty Two Thousand Six Hundred and Sixty Dollars ($632,660.00) as shown on Exhibit "B". Improvement Plans Drawing No.(s) 5533, 5534, 5540, and 5542.
Security:
Subdivider shall, at all times, guarantee its performance of this agreement by furnishing to City and maintaining good and sufficient security as required by the State Subdivision Map Act on forms approved by City for the purposes and in the amounts as follows:
a. To ensure a faithful performance of this agreement in regard to the improvements in the amount of 100% of the estimated cost of construction of the improvements; and
b. To secure payment to any contractor, sub-contractor, persons renting equipment or furnishing labor or materials for the improvements required to be constructed or installed pursuant to thisagreement in the additional amount of 100% of the estimated cost of construction of the improvements; and
C. To guarantee or warranty the work done pursuant to this agreement for a period of one (1) year following acceptance thereof by City against any defective work or labor done or defective materials furnished in the amount of 20% of the estimated cost of construction of the improvements; and
d. To warranty the setting of required subdivision monuments within one- year following recordation of the Final Map in the amount of 100% of the estimated cost of setting subdivision monuments as shown in Exhibit "B".
To guarantee the landscape maintenance of all landscape improvements for a period of one year (1) year following acceptance of thereof by the City.
The securities required by this agreement shall be kept on file with the City Clerk.
The terms of the security documents required by this agreement are hereby incorporated in this agreement by reference and copies attached hereto.
The security, which guarantees performance, can be released upon acceptance of the improvements by the City Council. The security which guarantees payment to contractor, sub- contractors and to persons furnishing ; labor, materials or equipment will be released 6 months after acceptance of the improvements by the City Council, less the total of all claims to which the City has been given proper soluties may be released upon the final completion and acceptance of the work subject to the provisions herein. The City Council, in its absolute discretion, may release a portion of the security given for faithful performance of the improvement work as the improvement progresses upon application therefor by the Subdivider.
Time of Completion:
All of the required improvements shall be completed within 12 months from the effective date of this agreement. If the work is not completed within the specified time period because of acts of God, the public enemy, the City, or because of fire, flood, epidemic, quarantine restrictions, strikes or freight embargoes, the Subdivider shall be entitled to an extension beyond the specified time period for a period equal to the length of such delay within ten days from the beginning of such delay. If an extension time is granted it shall in no way affect the validity of this contract or release the surety on the securities referenced herein. The time for completion may be extended by the City Engineer, in writing, for good cause shown by the Subdivider.
In the event that Subdivider fails to complete the improvements within the required period or any approved extension, the City may complete the work and shall be entitled to recover the full cost and expenses thereof from Subdivider, or his surety as herein provided. If City pursues completion of the improvement work, it may require Subdivider, or his surety, to pay the City in advance, sufficient monies to cover the City's cost in completing construction of the improvements.
Effective Date of Agreement:
This Agreement shall not become effective unless and until the Subdivision Map has been approved by the City Council of City and the Final Map has been accepted for recordation by the County Recorder of the County of San Bernardino.
Utility Deposits - Statements:
Prior to the commencement of any work to be performed within the area delineated on the Final Map, the Subdivider must file a written statement with the City Clerk and the City Engineer, signed by the Subdivider, and each public utility involved, to the effect that Subdivider has made all deposits legally required by such public utility for the connection/extension of any and all public serving utilities to be provided to or within the subdivision.
Permits - Compliance with Law:
Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses, pay all charges, fees and taxes, and give all necessary and incidental notices to the due and lawful prosecution of the work.
Definition and Ownership of Improvements:
The term "improvements" means: grading, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities as shown in detail upon plans, profiles and specifications which have been prepared or are now in final preparation by engineers acting for Subdivider subject to approval by the City Engineer of City. No work on the improvements shall be commenced until plans and/or profiles therefore have been submitted to, approved and permitted by the City Engineer. All required public improvements constructed or installed pursuant to this Agreement shall become the sole exclusive property of the City, without payment therefore, upon acceptance of the improvements by the City Council.
Obligations of Subdivider:
Notwithstanding the fact that Subdivider's plans and specifications, completion of the work, and other acts are subject to approval of the City, it is understood and agreed that any approval by the City thereof shall in no way relieve Subdivider of satisfactorily performing all work on the related obligations hereunder. construction shall be done strictly in accordance with the plans and specifications prepared by Subdivider or its engineer, and as approved by the City as being consistent with the City Code and Standards. Subdivider warrants that its plans and specifications conform as a minimum to all City codes and standards and that they are adequate to accomplish the work in a good workmanlike manner and in accordance with responsible construction practices.
Superintendence by Subdivider:
Subdivider shall personally supervise all work involved in the improvements, or shall designate a competent foreman or superintendent, satistactory to the City Engineer, to supervise the work at all times during progress, with authority to act for Subdivider. In the event satisfactory superintendence is not being exercised by the Subdivider, the City Engineer may order suspension of all work within the subdivision until the deficiency is adequately corrected.
10. Repair and Replacements:
Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, or pay to the owner the entire cost of replacement or repairs, for all survey monuments or for any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or by the City or by any public or private corporation, or by any person whomsoever or by combination of such owners. Any such repair or replacement shall be completed in a reasonable manner and subject to the approval of the City Engineer and affected property owner.
11. Inspection by City:
Subdivider shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work and to the shops where the work is in preparation. The cost of inspections shall be paid by the Subdivider.
12. Approval by City Engineer.
All required improvements shall be constructed under the inspection of and subject to approval of the City Engineer. Therefore, it is mutually agreed by the parties hereto that the City Engineer shall have the right to reject any or all of the work to be performed under this contract if such work does not conform to the plans and specifications set forth herein or the City's Codes and standards. Any damage to the improvements (existing or new) that occurs during the course of work performed under this Agreement shall be repaired or replaced, by the Subdivider, to the satisfaction of the City Engineer before the final acceptance of completed work and release of security.
13. Liability for Performance Injury or Damage:
Neither the City nor any of its officers or agents shall be liable to Subdivider or its contractors for any error or omission arising out of or in connection with any work to be performed under this contract. Additionally, the City shall not be liable to the Subdivider or to any other person, firm, or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever in, on, or about the subdivision of said land covered by this Agreement, or any part thereof.
14. Indemnification and Release:
Prior to the commencement of any work pursuant to this contract, Subdivider's contractors shall furnish to City satisfactory evidence of an insurance policy written upon a form and by a company (which meets with the approval of City) insuring City, its officers, agents, and employees against loss or liability which may arise during the work or which may result from any of the work herein required to be done, including all costs of defending and claim arising as a result thereof. Minimum liability and property damage insurance shall not be less than $250,000 for all damages arising out of bodily injury to a death of one person and not less than $1,000,000 for all damages arising out of bodily injuries to or death of more than one person in any occurrence; and not less than $250,000 for all damages and/or destruction of property in any one occurrence and not less than $500,000 for all damages and/or destruction of property during the policy period.
Such policy shall be in favor of Subdivider or its contractors and of the City, its officers, agents, and employees and shall be maintained in full force and effect during the life of this contract. The policy shall state by its terms and by an endorsement that it shall not be cancelled until City shall have had at least ninety (90) days' notice in writing of such cancellation.
The Subdivider hereby releases and agrees to indemnify and save the City harmless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage and liability, howsoever the same may be caused and whensoever the same may appear, resulting directly or indirectly from the performance or non-performance of any of or all work to be done in and upon premises adjacent thereto pursuant to this Agreement, and also from any and all injuries to and deaths of persons and injuries to property or other interests and all claims, demands, costs, loss, damage, and liability, howsoever same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the Subdivider, the Subdivider's agents, employees, and sub-contractors, while engaged in the performance if the work.
15. Liability of Subdivider:
The Subdivider agrees that the use for any purpose and by any person of any and all of the streets, easements and improvements herein specified shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the City of the completed street and other improvements thereon and therein; provided that acceptance by the City shall in no way eliminate or lessen any of Subdivider's obligations or undertakings contained in this Agreement. issuance of any occupancy permits (if granted) by the City for buildings located within the subdivision shall not be construed in any manner to constitute an acceptance and approval of any or all of the required improvements in said subdivision.
16. Subdivider's Expenses:
The Subdivider shall pay these additional expenses:
a. The Subdivider shall cause to be made and/or pay for soil tests made by a eputable geotechnical consultant/firm to determine stability, gradatior earing, and resistance value of soils within the subdivision from which t determine the nature and design of appropriate improvements. The Subdivider shall also pay for compaction tests necessary to determine that all fill work and the utility trench backfill has been satisfactorily placed.
All service (including plan check and inspection), impact and connection fees as established by City shall be paid for each lot in the subdivision in accordance with the City Code.
17. Relationship of Contractors:
It is hereby mutually covenanted and agreed by the parties hereto that Subdivider's contractors are not agents of the City, if any, are those of independent contractors.
18. Verification of Satisfactory Completion:
Upon the satisfactory completion of the improvements by the Subdivider, the City Engineer shall verify that all improvement work of has been satisfactorily completed.
19. Repair or Reconstruction of Defective Work:
If, within a period of up to one year after City Council acceptance of the improvement work performed under this Agreement, any of the improvements for work done under this. Agreement fails to fulfill any of the requirements of this Agreement, or the specifications referred to herein, Subdivider shall without delay and without any cost to the City (upon receipt of written notice from the City, repair or replace or reconstruct any defective of otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, or should the exigencies of the case require repairs or replacements to be made before Subdivider can be notified, City may, at its own option, make the necessary repairs or replacements or perform the necessary work and offset that amount against any security pledged by Subdivider for faithful performance, labor and materials, or warranty obligations under this agreement.
20. Warranty:
Without limiting the foregoing, Subdivider warrants and guarantees: materials used and workmanship performed on said work for a period of one (1) year after completion and acceptance thereof by the City, the setting of all required Final Map monuments and agrees to maintain all required landscaping in a vigorous and thriving condition until acceptance thereof by the City Council. In connection herewith, Subdivider shall submit appropriate security in accordance with Section 2(c) herein.
21. Notice of Completion:
Upon approval of the improvement works by the City Engineer and acceptance by the City Council, the subdivider shall file with the County Recorder a Notice of Completion of the improvements herein specified.
22. Filing of Improvement Plans:
Upon completion of the job and prior to final acceptance of the work by the City, the subdivider shall supply the City with one Mylar (4 mils) set of "record' drawings. These drawings shall be certified and shall reflect the improvements as constructed, with all changes incorporated therein.
23. Assignment:
This agreement shall not be assignable by Subdivider without written consent of City.
IN WITNESS WHEREOF, three (3) identical counterparts of this agreement, each of slich vidal her all purposes be deemed day gial to, name and duty exe seed or che Subdivider herein named on the corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
SUBDIVIDER CITY OF FONTANA
CalAtlantic Group, Inc. By Karts
ITY MANAGE.
By Sues le
Sean Doyle, Operational V.P.
CITY CLERK
By an APPROVED AS TO FORM:
CITY ATTORNE
(Attached Notary Acknowledgement)
APPROVED AS TO CONTENT:
By:
CITY ENGINEER
Attachments: (1) Exhibit "A" - Required Improvements
(2) Exhibit "B" - Engineer's Estimate
(3) Securities
ACKNOWLEDGMENT
A notary public or other officer completing this
State of California
County of Riverside
On October 27, 2016 before me, Jennifer R. Johnson, Notary Public (insert name and title of the officer)
personally appeared Sean Doyle and Brian M. Jacobson
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
JENNIFER R. JOHNSON
WITNESS my hand and official seal. Commission # 2053312 Notary Public - California
Riverside County
My Comm. Expires Jan 22, 2018
Signature. (Seal)
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "A"
(REQUIRED IMPROVEMENTS)
A. All those improvements required to be completed as a condition of approval of the Tentative Map and any requirements of the Specific Plan.
B. Removal of undesirable, dangerous and dead plant materials and roots subject to compliance with a tree removal permit.
C. All on and off-site grading as specified on the approved grading plan.
D. Relocation of all public utilities structures as necessary to properly construct the required improvements.
E. Street Improvements shall be constructed as shown on the approved engineered plans and in accordance with City Standards.
F. Sanitary sewers shall be constructed as shown on the approved engineered plans and in accordance with City Standards.
G. Storm Drains shall be constructed as shown on the approved engineered plans and in accordance with City Standards.
H. Water mains, valves, hydrants, services, meters and appurtenances to serve each lot as shown on the approved engineered plans and in accordance with the serving purveyor's Standards.
I. Underground installation of all electrical, telephone, cable television and any other energy or communication lines, which abut or are within the project site.
J. A street lighting system in accordance with City Standards.
R. Disposal of all rocks and debris located within any public right-of-way within said development or on the boundary streets thereof.
L. Installation of concrete curbs, gutters, sidewalks, cross gutters, driveways and intersections as shown on approved engineered plans and in accordance with City Standards.
M. Installation of asphalt concrete or Portland Cement Concrete street pavement on base material as shown on approved engineered plans and in accordance with City Standards.
N. Street signs at intersections per the City Standards.
O. Installation of approved irrigation and landscaping (plants and materials).
P. Setting monuments as required by the State and Local Codes.
Q. Subdivider shall also perform all work and furnish all materials necessary, in the opinion of the City Engineer and on his order, to complete the improvements in accordance with the plans and specifications on file as hereinbefore specified, or with any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete this work.
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "B"
(ENGINEER'S ESTIMATE)
ELPCIl- 000050
KR 10/13/16
APPROVED CITY OF FONTANA
ENGINEERING DEPARTMENT
COST ESTIMATE **EXHIBIT "B"**
SHEET 1
DATE: 5/17/2016
DEVELOPER CalAtlantic PROJECT NAME Stonehaven
ENGINEER Adams Streeter Civil Engineers TRACT MAP NO. 18881 PHONE NO. 949-474-2330 PARCEL MAP NO.
STREET IMPROVEMENTS /SD, sewer offsite
UNIT
ITEM QUANTITY UNIT COST AMOUNT
6" CURB & GUTTER O - 250 L.F. I.F. 13.50
251 - 500 L.E. I.F. 13.25
501 -1000 L.F. L.F. 13.00
1001 L.E. - UP L.F. 12.75
8" CURB & GUTTER 0 - 250 L.F. I. F. 13.25
251 - 500 L.F. L. F. 13.00
501-1000 L.F. L.F. 12.75
1001 L.F. - UP L.F. 12.50 23,375
8" THICK CROSS GUTTER 2,250 S.E. 5.00 11,250
4" SIDEWALK 0 - 240 S.E. S.E. 3.50
241 - 480 S.F. S.E. 3.25
481 S.F. - UP 13,800 S. E. 3.00 39,000
WHEEL CHAIR RAMP 8 EA 750.00 6,000
DRIVE WAY APPROACHES 90 S.F. 6.00 540
ASPHALT CONCRETE DIKES 480 L.F. 6.00 2,880
FOG SEAL S.E. .10
IMPORTED EMBANKMENT C. Y. 5.00
PREPARATION OF SUBGRADE 71.550 S.E. . 35 25.042
*A.C. (OVER 1300 TONS) 1,800 TON 35.00 63,000
*A.C. (900 - 1300 TCNS) TON 40.00
*A.C. (500 - 900 TONS) TON 45.00
*A.C. (UNDER 500 TONS) TON 50.00
*A.C. OVERLAY (1" MI.
THICKNESS ) S.F. • 60
**PCC CURB ONLY (MEDIAN) L.E. 10.00
ADJUST SEWER MANHOLE TO GRADE 2 EA 350.00 700
ADJUST SEWER CLEAN OUT TO
GRADE EA 225.00
ADJUST WATER VALVES TO GRADE EA 150.00
BARRICADES (STD 118) L.E. 25.00
2 X 4 REDWOOD HEADER L. E. 3.00
*REMOVAL OF A.C. PAVEMENT 10,150 S.F. .66 6,699
**REMOVAL OF P.C.C. CURB 90 I.E. 3.75 337.50
*REMOVAL OF A.C. BERM I.F. 2.00
RETAINING WALL H=2 1/2 FT.
OR LESS I. E. 15.00
SHEET 2
STREET IMPROVEMENTS (CONT.)
UNIT
ITEM QUANTITY UNIT COST AMOUNT
BLOCK WALL H=6 FEET L.E. 25.00
AGGREGATE BASE TON 9.00
GUARD POSTS EA 40.00
GUARD PANEL (WOOD) L.F. 25.00
SAWCUT 350 L.E. 2.50 875
REFLECTORS AND POSTS EA 90.00
STREET SIGNS EA 250.00
STREET IMPROVEMENT SUBTOTAL 179,699
* A.C. ASPHALTIC CONCRETE
** P.C.C. PORTLAND CONCRETE CEMENT
STORM DRAIN IMPROVEMENTS
UNIT
ITEM QUANTITY UNIT COST AMOUNT
* 18" RCP 1800 D L.E. 60.00
* 18" RCP 2000 D 42 L.E. 60.00 - 2,520
* 24" RCP 1600 D L.F. 70.00
* 24" RCP 1800 D 21 I.F. 70.00 1,470
* 30" RCP I.F. 80.00
* 36" RCP 533 L.F. 95.00 50,635
42" RCP 378 L. F. 95.00 35,910
* 48" RCP 483 L.F. 115.00 - 55,575
* 54" RCP L.F. 125.00
* 60" RCP L.F. 152.00
* 66" RCP L.E. 160.00
* 78" RCP L.E. 182.00
* 24" CMP IL.F. 30.00
* 60" CMP L.E. 120.00
CATCH BASIN/CURB INLET:
W= 7 1 EA 3,500.00 3,500
W=10 EA 4,000.00
W=14 EA 4,500.00
W=21 EA 5,500.00 5,500
JUNCTION STRUCTURE EA 3,200.00
TRAFFIC TYPE FUNCTION
STRUCTURE EA 2, 808.00 2,808
DISCHARGE STRUCTURE 1 EA 2,100.00 2,100
MANHOLES EA 2,500.00 17,500
LOCAL DEPRESSION 1 EA 1,250.00 1,250
GRATE INLET STRUCTURE 2,100.00
STORM DRAIN IMPROVEMENT SUBTOTAL 178,738
* REINFORCE CONCRETE PIPE
SHEET 3
SANITARY SEWER IMPROVEMENTS
MANHOLES 60" DIAMETER EA 3,000.00
MANHOLES 48" DIAMETER EA 2,500.00 22,500
DROP MAN HOLES EA 2,500.00
WYES EA 60.00
CLEANOUTS EA 600.00
REMODELING OF EXISTING
MANHOLE: EA 950.00
** 4" VCP L.E. 30.00
** 8" VCP L.F. 50.00 87,700
L.F. 60.00
BE VER L.F. 70.00
L.F. 90.00
SANITARY SEWER IMPROVEMENT SUBTOTAL 110,200
** VITRIFIED CLAY PIPE
TRAFFIC SIGNALS/SIGN/STRIPING
UNIT
ITEM QUANTITY UNIT COST AMOUNT
TRAFFIC SIGNAL (COMPLETE) EA/LS 100K, 125K, 150K
PAINT TRAFFIC STRIPE (1 COAT I.F. .40
PAINI TRAFFIC STRIPE (2 COATS) L.F. .22
PEDESTRIAN CROSSWALK STRIPING L.F. .25
PAVEMENT MARKER
(NON REFLECTIVE) EA 1.59
PAVEMENT MARKER (REFLECTIVE) EA 3.34
REFLECTORS AND POSTS EA 90.00
STREET SIGNS EA 250.00
TRAFFIC SIGNAL/SIGNS/STRIPING SUBTOTAL
LANDSCAPE IMPROVEMENTS
AREA LANDSCAPED S.F. $12.00
CENTER MEDIAN _S.E. $12.00
LANDSCAPING IMPROVEMENTS SUB TOTAL $
SHEET 4
SUBTOTALS:
STREET IMPROVEMENI SUBTOTAL.... $179,699
STORM DRAIN IMPROVEMENTS SUBTOTAL. $178,738
SANITARY SEWER IMPROVEMENTS SUBTOTAL.........._ $110,200 TRAFFIC SIGNAL/SIGNS/STRIPING SUBTOTAL.........
CENTER LINE MEDIAN SJBTOTAL.....
.....
$468,637
IMPROVEMENT SUBTOTAL ===
(*USE THIS TOTAL FOR PLAN CHECK & PERMITTING PURPOSES*)
LANDSCAPE IMPROVEMENTS
...
SUBDIVISION MONUMENT GUARANTEE $1,200 + $50/LOT ...
STREET LIGHTS @
CUCAMONGA COUNTY WATER DISTRICT FACILITIES
CENTER LINE MEDIAN SUBTOTAL.....
$468,431
IMPROVEMENT SUB TOTAL...
ADD 35%..... 164,022.95
BOND .... $ 432, 460
KR 10/13/16
APPROVED
EXECUTED IN TRIPLICATE
Bond No. 800026306
Premium $_2,752.00
SECURITY BOND FOR FAITHFUL PERFORMANCE OF
SUBDIVISION AGREEMENT
Re: Tract 10001
WHEREAS, the City Council of the City of Fontana, State of California, and CALATLANTIC GROUP, INC. ("Principal") have entered into an agreement datcd 10/27/10 (the "Agreement") which is incorporated herein by reference, in which Principa as agreed to construct, install and complete certain designated public improvements; an 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 anı ix Hindred Thirty Two Thousand Six Hundro
firmly bound unto the City of Fontana in the sum of Sitand N0/100 Dollars ($632,660.00 '.) 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 cout 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.
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 _ 26th day of October 2016.
PRINCIPAL CALATLANTIC GROUP, INC.
BRIAN M. JACOBSON PEFATOVL VOE PRESILENT para
(NOTARIZATION AND SEAL)
SURETY Atlantic Specialty Insurance Company
Calen
Edward C Spector, Attorney-In-Fact
(NOTARIZATION AND SEAL)
NOTE: Please Attach Notary
Acknowledgement and
Power of Attorney.
ACKNOWLEDGMENT
A notary public or other officer completing this
validity of that document
State of California
County of Riverside
On October 27, 2016 before me, Jennifer R. Johnson, Notary Public (insert name and title of the officer)
personally appeared Brian M. Jacobson
who proved to me on the basis of satisfactory evidence to be the person(8) 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(8), or the entity upon behalf of which the person 8) 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.
JENNIFER R. JOHNSON
WITNESS my hand and official seal. Commission # 2053312 Notary Public - California
Riverside County
My Comm. Expires Jan 22, 2018 B
Signature _ (Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles
On OCT 2 6 2016 before me, _D. Casillas, Notary Public, personally appeared Edward C. Spector 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/theit signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
D. CASILLAS
NRO COMM. #2162364
Notary Public - California WITNESS my hand and official seal.
Los Angeles County
My Comm. Expires Aug. 11, 2020?
el Carillas
Signature _
Signature of Notary Public
OneBeacon Power of Attorney
INSURANCE GROUP
KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Edward C. Spector, Daravy Mady, James Ross, Tracy Aston, Simone Gerhard, Thomas Branigan, each individually if there be more than one named, its true and lawful Attorney-in-Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: sixty million dollars (S60,000,000) and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the President, any Senior Vice President or Vice-President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney-in-Fact and revoke all power and authority given to any such Attorney-in- Fact.
Resolved: That the Attorney-in-Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney-in-Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof. his power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY NSURANCE COMPANY on the twentv-fifth dav of September. 2012 Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney-in-Fact for purposes only of executing and sealing any bond. undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed.
IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this eighth day of December, 2014.
Аперивт
By
STATE OF MINNESOTA NEW YORK ANTONO Paul J. Brehm, Senior Vice President
HENNEPIN COUNTY
On this eighth day of December, 2014, before me personally came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me aly sworn, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and tl nature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Compan
TARA JANELLE STAFFORD
NOTARY PUBLIC- MINNESOTA can Spond
My Commission Expires
January 31.2020 Notary Public
, the undersigned, Assistant Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, de hereby certify that the foregoing power of attorn in full force and has not been revoked, and the regplutions sepfort apove are now in forc Signed and sealed. Dated day of
f21 Jolen
This Power of Attorney expire:
October 1. 2011
James G. Jordan, Assistant Secretary
EXECUTED IN TRIPLICATE
Bond No. 800026306
Premium $ Included In Cost of Performance Bond.
SECURITY BOND FOR LABOR AND MATERIALS OF
SUBDIVISION AGREEMENT
Re: Tract 18881
WHEREAS, the City Council of the City of Fontana, State of California, and CALATLANTIC GROUP, INC. ("Principal") have entered into an agreement dated 10|37/14, (the "At, install on pisted certain d signate by reic improvemen, anincipal has agreed to 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 the claims allowed in California Civil Code Sections 3082 et seq.
NOW, THEREFORE, Principal and the undersigned as corporate surety, are held firmly bound unto the City of Fontana and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the above referenced sections of the Code of Civil Procedure in the sum of Six andred Thiry we Thousand Sis Fundred ($ 632,660.00 ) materials furnished or labor performed of any kind under the Agreement, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the sum in an amount not exceeding this amount herein set forth above, and in the event legal action is brought upon this bond, the surety will pay, in addition to the face amount of this bond, such costs and reasonable expenses and fees, including reasonable attorney's fees, incurred in successfully enforcing this obligation, as may be awarded and fixed by a court of competent jurisdiction in any judgement entered.
It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of all persons, companies, and corporations entitled to file claims pursuant to Section 3082 et sec. of the California Civil Code.
This bond shall be and remain in full force and effect until all terms and conditions of the Agreement are fully met and performed by the Principal, his or its heirs, executors, dministrators, successors or assigns, to the satisfaction of the City of Fontana. Upon fulfillmen of the obligations set forth in the Agreement as specified above. this obligation bond shal become null and void.
The surety hereby stipulates and agrees that no change, extension of time, alteration 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.
IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be 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 this26th_day of _October 2016.
PRINCIPAL CALATLANTIC GROUP, INC.
BRIAN M. JACOBSON OPERATIONAL VICE PRESIDENT
(NOTARIZATION AND SEAL)
SURETY Atlantic Specialty Insurance Company
Calca
Edward C Spector, Attorney-In-Fact
(NOTARIZATION AND SEAL)
NOTE: Please Attached Notary
Acknowledgement and
Power of Attorney
ACKNOWLEDGMENT
TA notary public or other officer completing this
certificate verifies only the identity of the individual vho signed the document to which this certificate is
acted and do the truthfulness, accuracy, o
State of California Riverside
County of
On October 27, 2016 before me, Jennifer R. Johnson, Notary Public (insert name and title of the officer)
personally appeared Brian M. Jacobson
who proved to me on the basis of satisfactory evidence to be the person(8) 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 capacityfies), and that by his/her/their signature(s) on the instrument the person(8), or the entity upon behalf of which the person(8) 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.
JENNIFER R. JOHNSON
WITNESS my hand and official seal. Commission # 2053312 Notary Public - California
Riverside County
My Comm. Expires Jan 22, 2018
Signature (Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles
OCT 2 6 2016
before me, D. Casillas, Notary Public, personally appeared Edward C. Spector who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
D. CASILLAS WITNESS my hand and official seal.
VRO COMM. #2162364
Notary Public - California
Los Angeles County
My Comm. Expires Aug. 11, 2020} il tailles
Signature _
Signature of Notary Public
OneBeacon Power of Attorney
INSURANCE GROUP
KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Edward C. Spector, Daravy Mady, James Ross, Tracy Aston, Simone Gerhard, Thomas Branigan, cach individually if there be more than one named, its true and lawful Attorney-in-Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: sixty million dollars (S60,000,000) and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the President, any Senior Vice President or Vice-President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company scal thereto; and that the Authorized Officer may at any time remove any such Attorney-in-Fact and revoke all power and authority given to any such Attorney-in- Fact.
Resolved: That the Attorney-in-Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney-in-Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof.
This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed b asimile to any power of attorney or to any certificate relating thereto appointing an Attorney-in-Fact for purposes only of executing and sealing any bond undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Compan as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as thougl manually affixed.
IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this eighth day of December, 2014.
CORFORATE
SEAL Аперивым
1986 By
STATE OF MINNESOTA Paul J. Brehm, Senior Vice President
HENNEPIN COUNTY
On this eighth day of December, 2014, before me personally came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me surasure as shac he ice as duty at ord and subscried restle said fist ument by the auto thy and ad tie direction of the companyid Company and that the said seal and the
TARA JANELLE STAFFORD
1 NOTARY PUBLIC - MINNESOTA
My Commission Expires
January 31.2020 Notary Public
i in un fore and as no neseared, ant the resis try New York Corporation, do hereby cerify that the foresoing power of atoney Signed and sealed. Dated day of DCT 2 6 2015.
121 Jok
This Power bet 1, 20ly expires
James G. Jordan, Assistant Secretary
EXECUTED IN TRIPLICATE
Bond No. 800026306-M
Premium $ Included In Cost of Performance Bond.
SUBDIVISION WARRANTY OBLIGATION BOND
Re: Tract 18881
WHEREAS, The City Council of the City of Fontana, State of California, and, CALATLANTIC GROUP, INC. ("Principal") have entered into an agreement Principal a gr the "arent at guich te nice insaid on and aeferaced, or clich agreed to warrant and guarantee the installation and maintenance of certain WHEREAS, under the terms of the Agreement, Principal is required to file before acceptance of improvements by the City of Fontana a good and sufficient payment bond with the City of Fontana to secure the performance of its warranty and guarantee obligation under the Agreement.
NOW, THEREFORE, Principal and the undersigned as undred wens to sand he hufdredly bound unto the City of Fontana in the sum of
Thirty Twoand.NO/10Q Dollars
($ 126,532.00) to secure the warranty and guarantee of Principal against any defective work or labor or material furnished in connection with the installation and maintenance of the public improvements required by 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 warranty or guarantee time periods required under the Agreement following performance of all terms, covenants, provisions and conditions of the Agreement, and any agreed upon alterations or additions thereto have expired as to the Principal, his or its heirs, executors, administrators, successors or assigns.
Upon fulfillment of the obligations set forth in the Agreement as specified above, this obligation bond shall become null and void.
As a 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 this 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 or 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.
IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be 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 _26th_ day of October 2016.
PRINCIPAL CALATLANTIC GROUP, INC.
BRIAN M. JACOBSONOPERATIONAL VICE PRESIDENTI
(NOTARIZATION AND SEAL
SURETY Atlantic Specialty Insurance Company
alen
Edward C Spector, Attorney-In-Fact
(NOTARIZATION AND SEAL)
NOTE: Please Attached Notary
Acknowledgement and
Power of Attorney
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual vho signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
State of California
County of Riverside
On October 27, 2016 before me, Jennifer R. Johnson, Notary Public (insert name and title of the officer)
personally appeared Brian M. Jacobson
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(8) is/are- subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacitylies), and that by his/her/their signature s) on the instrument the person(8), or the entity upon behalf of which the person 8) 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.
JENNIFER R. JOHNSON
Commission # 2053312
WITNESS my hand and official seal. Notary Public - California Riverside County
My Comm. Expires Jan 22. 2018
Signature (Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles
OCT 2 6 2016
On before me, D. Casillas, Notary Public, personally appeared Edward C. Spector 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.
D. CASILLAS I certify under PENALTY OF PERJURY under the laws of the COMM. #2162364 State of California that the foregoing paragraph is true and correct.
Notary Public - California
Los Angeles County
My Comm. Expires Aug. 11, 2020P WITNESS my hand and official seal.
I Cailas
Signature _
Signature of Notary Public
OneBeacon Power of Attorney
INSURANCE GROUS
KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Edward C. Spector, Daravy Mady, James Ross, Tracy Aston, Simone Gerhard, Thomas Branigan, each individually if there be more than one named, its true and lawful Attorney-in-Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: sixty million dollars (S60,000,000) and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the President, any Senior Vice President or Vice-President (cach an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company scal thereto: and that the Authorized Officer may at any time remove any such Attorney-in-Fact and revoke all power and authority given to any such Attorney-in- Fact.
Resolved: That the Attorney-in-Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney-in-Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof.
This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012:
IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this eighth day of December, 2014.
CORPORATE
SEAL
1986 By
STATE OF MINNESOTA NEW YORK Paul J. Brehm, Senior Vice President
HENNEPIN COUNTY
On this eighth day of December, 2014, before me personally came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the ignature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company
TARA JANELLE STAFFORD
LE NOTARY PUBLIC - MINNESOTA
My Commission Expires
January 31. 2020 Notary Public
is th fun force and as not beservoked, at the est sions i or above are for, a New York Corporation, do hereby certify that the foregoing power of atoney Signed and sealed. Dated_ day oCT 2 6 2016
12. Jolen
This Power of Attorney expires
October 1, 2017
James G. Jordan, Assistant Secretary