SUBDIVISION IMPROVEMENT AGREEMENT
Tract Map No.: 18135
(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 Olive Communities LLC ("Subdivider"):
WHEREAS, the application for tentative Tract Map No 18135 was conditionally approved on 1/5/2002 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 acknowledgement 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 mprovements as associated with the requirements per the approve roject or to the satisfaction of the City Engineer of the City of Fontan All one ed died fity-five housand sight hundred sity-seven do taling ($ 155,867 → as shown on Exhibit "A".
Improvements are shown on approved plans on file with City Engineer.
The estimated cost of construction set forth in Exhibit "A" is for estimation purposes only, and for calculation of the amount of securities Revised - RG - 10/31/16
required pursuant to the provisions of section (2), below. Subdivider's obligation to complete the improvements, or any portion of them, is not Security:
Subdivider shall, at all times, guarantee its performance of this agreement by Sume sung to coy map a on forms of anded by Cily for the paposes and by theM 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
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 this agreement in the additional amount of 100% of the estimated cost of construction of the improvements; and
To guarantee or warranty the work done pursuant to this agreement for a period of one (1) year following acceptance thereof by City Council of the City of Fontana 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
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 "A". e. 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 Revised - RG - 10/31/16
City Council, less the total of all claims to which the City has been given proper notice.
Securities 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 thereof by the Subdivider.
Time of Completion:
All of the required improvements shall be completed within 24 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 ubdivider shall be entitled to an extension beyond the specified time period for eriod equal to the length of such delay within ten days from the beginning c such delay.
In addition to the extension for the reasons referenced in the foregoing paragraph, Subdivider may submit a written request, Exhibit "B", for a discretionary extension of the time for completion of the improvements to the City Engineer.
The City Engineer may grant or reject such extension, in whole or in part or with conditions, in his sole discretion. If an extension of time is granted it shall in no way affect the validity of this contract or release the surety on the securities referenced herein.
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 his s, it as ein provided.
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.
Any limitations period provided by law related to breach of this Agreement or the terms thereof shall not commence running until Subdivider, or Subdivider's surety pursuant to Section 2 of this Agreement, has provided the City Engineer with written notice of Subdivider's intent to abandon or otherwise not complete the improvements.
4. Effective Date of Agreement:
This Agreement shall not become effective unless and until the Subdivision Map has been approved by the City Council of the City of Fontana and also accepted Revised - RG - 10/31/16
the Final Map 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 tacilities, trattic 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 the City of Fontana. 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. The 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.
Revised - RG - 10/31/16
9. Superintendence by Subdivider:
Subdivider shall personally supervise all work involved in the improvements, or shall designate a competent foreman or superintendent, satisfactory 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 Revised - RG - 10/31/16
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 nay arise during the work or which may result from any of the work herei 'equired to be done, including all costs of defending and claim arising as a resul 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. The 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 Revised - RG - 10/31/16
acceptance and approval of any or all of the required improvements in said subdivision.
16. Relationship of Contractors:
u divier murally are not adored bysit any really
independent contractors.
17. 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.
18. 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, and the setting of all required Final Map monuments.
19. Assignment:
This agreement shall not be assignable by Subdivider without written consent of City.
Revised - RG - 10/31/16
IN WITNESS WHEREOF, three (3) identical counterparts of this agreement, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Subdivider herein named on the 29th _day of the name
and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
SUBDIVIDER
CITYOF FONTANA
Olive Communities LLC By:
CITY MANAGER
By:- Aho 7-29-2020
CITY CLERK
By:
(Attached Notary Acknowledgement)
APPROVED AS TO CONTENT:
CITY ENGINEER
Attachments: (1) Exhibit "A" - Cost Estimate
(2) Exhibit "B" - Time Extension
(3) Securities
Revised - RG - 10/31/16
STAFF USE ONLY
ENGINEERING PC NO.
APPROVED
05/04/2020
CITY OF FONTANA
ENGINEERING DEPARTMENT
COST ESTIMATE **EXHIBIT "A"**
SHEET 1
DATE: 4/07/20
DEVELOPEROl ive Communities PROJECT NAME Banana 28 Units ENGINEER LOVe Engineering TRACT MAP NO. TR 18135
PHONE NO. (951) 440-8149 PARCEL MAP NO.
STREET IMPROVEMENTS
UNIT
ITEM QUANTITY UNIT COST AMOUNT
6" CURB & GUTTER I. F. 17.00
8" CURB & GUTTER 385 L.F. 19.00 $ 7315
8" THICK CROSS GUTTER S.F. 11.00
4" SIDEWALK 825 S.F. 5.00 $ 4125
ACCESS RAMP EA 2500.00
DRIVE WAY APPROACHES 760 S.F. 11.00 . 8360
ASPHALT CONCRETE DIKES 366 L.F. 11.00 $ 4026
FOG SEAL S.F. •10
IMPORTED EMBANKMENT C.Y. 10.00
PREPARATION OF SUBGRADE S.F. •50
*A.C. 369 TON 90.00 $33,210
*A. C. OVERLAY (1"MI. THICKNESS) 500 S.F. • 80 400
**PCC CURB ONLY (MEDIAN) L.F. 16.00
ADJUST SEWER MANHOLE TO GRADE EA 500.00
ADJUST SEWER CLEAN OUT TO
GRADE EA 300.00
ADJUST WATER VALVES TO GRADE 4 EA 250.00 $ 1000
BARRICADES L. F. 40.00
2 X 4 REDWOOD HEADER L.F. 5.00
*REMOVAL OF A.C. PAVEMENT 11,570 S.F. • 66 $ 7636
**REMOVAL OF P.C.C. CURB L.F. 6.00
*REMOVAL OF A.C. BERM L.F. 5.00
RETAINING WALL H=2 1/2 FT.
OR LESS L.E. 40.00
BLOCK WALL H=6 FEET L.F. 50.00
AGGREGATE BASE TON 30.00
GUARD POSTS EA 70.00
GUARD PANEL (WOOD) L.F: 40.00
SAWCUT 100 3.50 $ 350
REFLECTORS AND POSTS 100.00
STREET SIGNS EA 250.00
EA
EA
EA
EA
STREET IMPROVEMENT SUBTOTAL $66,422
* A.C. ASPHALTIC CONCRETE
** P.C.C. PORTLAND CONCRETE CEMENT
Revised 12/1/2016 - GM/RG
SHEET 2
STORM DRAIN IMPROVEMENTS
UNIT
ITEM QUANTITY UNIT COST AMOUNT
* 18" RCP L.F. 90.00
* 24" RCP L.F. 110.00
* 30" RCP L.F. 200.00
* 36" RCP L.F. 220.00
* 42" RCP L.F. 240.00
48" RCP L.F. 260.00
* 54" RCP L.F. 280.00
* 60" RCP L.F. 300.00
* 66" RCP L.F. 320.00
* 78" RCP L.F. 340.00
* 24" CMP 90.00
* 60" CMP I:P:
320.00
CATCH BASIN/CURB INLET:
W=7 EA 4,000.00
W=10 EA 4, 500.00
W=14 EA 6, 000.00
W=21 EA 11,000.00
W=28 EA 14, 000.00
JUNCTION STRUCTURE EA 3,200.00
TRAFFIC TYPE JUNCTION
STRUCTURE EA 2,800.00
DISCHARGE STRUCTURE EA 2,800.00
MANHOLES EA 2,500.00
LOCAL DEPRESSION EA 1,250.00
GRATE INLET STRUCTURE EA 2,100.00
EA
EA
EA
STORM DRAIN IMPROVEMENT SUBTOTAL
* REINFORCE CONCRETE PIPE
SANITARY SEWER IMPROVEMENTS
MANHOLES 60" DIAMETER EA 4,500.00
MANHOLES 48" DIAMETER EA 4,000.00 $8000
DROP MAN HOLES EA 4,500.00
WYES EA 100.00
CLEANOUTS 1 EA 600.00 $ 600
REMODELING OF EXISTING
MANHOLE EA 950.00
** 4" VCP 50.00
** 6" VCP 60.00
** 8" VCP 424 70.00 $29680
** 10" VCP 80.00
** 12" VCP 90.00
** 15" VCP 100.00
Concrete Encasement 233 35.00 $8155
SANITARY SEWER IMPROVEMENT SUBTOTAL $46,435
** VITRIFIED CLAY PIPE
Revised 12/1/2016 - GM/RG
SHEET 3
TRAFFIC SIGNALS/SIGN/STRIPING
UNIT
ITEM QUANTITY UNIT COST AMOUNT
TRAFFIC SIGNAL MODIFICATION:
ONE CORNER L.S. 50K
TWO CORNERS L.S. 100K
TRAFFIC SIGNAL NEW L.S. 250K
PAINT TRAFFIC STRIPE (1 COAT) 2.40
PAINT TRAFFIC STRIPE (2 COATS) • 65
PEDESTRIAN CROSSWALK STRIPING • 65
PAVEMENT MARKER
(NON REFLECTIVE) EA 2.50
PAVEMENT MARKER (REFLECTIVE) EA 4.00
REFLECTORS AND EA 100.00
STREET SIGNS EA 250.00
EA
EA
TRAFFIC SIGNAL/SIGNS/STRIPING SUBTOTAL
CFD LANDSCAPE IMPROVEMENTS (BONDING PURPOSES ONLY)
AREA LANDSCAPED S. F. $12.00
CENTER MEDIAN = S.F. $12.00
LANDSCAPING IMPROVEMENTS SUBTOTAL
Revised 12/1/2016 - GM/RG
SHEET 4
SUBTOTALS:
STREET IMPROVEMENT SUBTOTAL... ... . . $66,422
STORM DRAIN IMPROVEMENTS SUBTOTAL. .............
SANITARY SEWER IMPROVEMENTS SUBTOTAL........... $46,435 TRAFFIC SIGNAL/SIGNS/STRIPING SUBTOTAL.........
$112,857
IMPROVEMENT SUBTOTAL ==
(*USE THIS TOTAL FOR PLAN CHECK & PERMITTING PURPOSES*) CED LANDSCAPE IMPROVEMENTS. ....
SUBDIVISION MONUMENT GUARANTEE $1, 200 + $50/LOT ••• $ 2600 STREET LIGHTS @$5,000
CUCAMONGA COUNTY WATER DISTRICT FACILITIES..
IMPROVEMENT SUBTOTAL.... $1151457
ADD 35%.. $40,410
.....•
BONDING TOTAL... $155,867
APPROVED
05/04/2020
APPROVED PUBLIC IMPROVEMENT PLANS:
STREET IMP. DWG. NO._ 5919
STREET LIGHT DWG. NO.
SEWER IMP. DWG. NO. 5920
STORM DRAIN IMP. DWG. NO.
TRAFFIC SIGNAL DWG. NO.
SIGNING & STRIPING DWG. NO.
Revised 12/1/2016 - GM/RG
THE TERM OF THIS BOND IS TWO (2) YEARS.
EXECUTED IN TRIPLICATE
Bond No. 4438982
Premium $ 3,617.00
SECURITY BOND FOR FAITHFUL PERFORMANCE OF
SUBDIVISION AGREEMENT
Tract Map No.: 18135
WHEREAS, the City Council of the City of Fontana, State of California, and, OLIVE COMMUNITIES, LLC ("Principal") have entered into an agreement dated 07/19/20 _(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 befor ommencing work a good and sufficient payment bond with the City of Fontana to secur faithful performance of the terms of the Agreement.
NOW, THEREFORE, Principal and the undersigned as corporate surety, are held and firmly bound unto the City of Fontana in the sum of One Hundred Fifty Five Thousand Eight Hundred Sixty Seven and 00/100 ($155,867.00 ) 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 harmiess 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 PRINCIPAL.
OLIVE COMMUNITIES, LLC
BY: 47
AHMAD AWAD, MANAGING MEMBER
(NOTARIZATION AND SEAL)
SURETY
SURETEC INSURANCE COMPANY
BY: Mar O. tatarato
MARK D. IATAROLA, 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
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 San Bernardino 1
Or July 22, 2020 beforeme, Sonia Garbaya Non Notary Public personally appeared AhMad Awad
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/tbey 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(a) 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.
SONIA GARIBAY
WITNESS my hand and official seal. Commission No. 2240129
NOTARY PUBLIC-CALIFORNIA
SAN BERNARDINO COUNTY
My Comm. Expires MAY 25. 2022
daulhay
lotary Public Signati (Notary Public Seal)
INSTRUCTIONS FOR COMPLETING THIS FORM
ADDITIONAL OPTIONAL INFORMATION This form complies with curremt California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed, should be completed and artached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long Securty Band for farthfal as the wording does nos require the California notary to violate California notary (Title or description of attached document) • State and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of SAN DIEGO
On 7/21/2020 before me, SANDRA FIGUEROA, NOTARY PUBLIC
Date Here Insert Name and Title of the Officer
personally appeared MARK D. IATAROLA
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(e) is/are subscribec to the within instrument and acknowledged to me that he/shetthey executed the same in his/her/theit authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(e), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
SANDRA FIGUEROA laws of the State of California that the foregoing COMM. #2162642 paragraph is true and correct.
SAN DIEGO COUNTY
NOTARY PURLIC-CALIFORNIA/
WITNESS my hand and official seal.
MY COMMISSION EXPIRES
AUGUST 14. 2020
Signature Sa In 2
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Description of Attached Document
Title or Type of Document:
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Signer's Name: MARK D. IATAROLA Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Individual I Attorney in Fact O Individual • Attorney in Fact • Trustee • Guardian of Conservator • Trustee • Guardian of Conservator • Other: • Other:
Signer is Representing: Signer is Representing:
©2017 National Notary Association
POA#: 510021
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint
Helen Maloney, Mark D. latarola, John G. Maloney, Sandra Figueroa, Jessica Schmal its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Five Million and 00/100 Dollars ($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions:
Atrorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances. contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20t of April. 1999)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to be hereto affixed this 4th day of April A.D. 2019
SURETEC INSURANCE COMPANY
INSURANCE
By:
MPAN John Kno
State of Texas SS:
County of Harris
,A.D. 2019 before me personally came John Knox Jr., to me known, who, being by me duly swor, did depose and say, that he resides in Houston, Texas, that he is CEO of SURETEC INSURANCE COMPANY. the company described in and which executed the above instrument: that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. * Nose thang
9.10.202
124 17639
My commission expires September 10, 2020
1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, du hereby certity that the above and foregoing is a true and correct copy of a Power of Altomey, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. 2 IST JULY 2020
Given under my hand and the seal of said Company at Houston, Texas this day of → A.D. ny Instrument issued in excess of the penalty stated above is totally void and without any validity or verification of the authority of this power you may call (713) 812-0800 any business day between 8:30 am and 5:00 pm CST •
THE TERM OF THIS BOND IS TWO (2) YEARS.
EXECUTED IN TRIPLICATE
Bond No. 4438982
Premium $ Included in Performance Bond
SECURITY BOND FOR LABOR AND MATERIALS OF
SUBDIVISION AGREEMENT
Tract Map No.: 18135
WHEREAS, the City Council of the City of Fontana, State of California, and _("Principal") have entered into an agreement dated 07/19/20 the Act, emen? in is ted rained henan pubie improvement, ariacipal 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 One Hundred Filty Five Thousand Eight Hundred Sixty Seven and 00/10D ($ 155,867.00 ) 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 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.
Revised - RG - 10/31/16
IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, cach 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 21ST day of _ → 20_20
PRINCIPAL
OLIVE COMMUNITIES, LLC
BY:2
AHMAD AWAD, MANAGING MEMBER
(NOTARIZATION AND SEAL)
SURETY
SURETEC INSURANCE COMPANY
BY Man O tatarolo
MARK D. IATAROLA, ATTORNEY-IN-FACT
(NOTARIZATION AND SEAL)
NOTE: Please Attached Notary
Acknowledgement and
Power of Attorney
Revised - RG - 10/31/16
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF 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 San Bernardino
On July 22, 2020 before me, Sonia hariba Here insert name and tie of a crie Public personally appeared Ahmad Awad
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(8) islare 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/ber/thelf 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.
SONIA GARIBAY
WITNESS my hand and official seal. Commission No. 2240129
NOTARY PUBLIC-CALIFORNIA
SAN BERNARDINO COUNTY
My Comm. Expites MAY 25, 2022
ona lamber Put seat
Notary Public Signature
INSTRUCTIONS FOR COMPLETING THIS FORM
ADDITIONAL OPTIONAL INFORMATION This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed, should be completed and attached to the document. Acknowledgments from other stares may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary security Band for Labor and
(Title or description of attached document • State and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment. te or decriptons atalied document continues) Materials Subdivision Agreemen • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed.
Number of Pages 4_ Document Date 07/19/20 • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signcrs) who personally appear at the time of CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /ere ) or circling the correct forms. Failure to correctly indicate this • Individual (s) information may lead to rejection of document recording.
Corporate Officer • The notary seal impression must be clear and photographically reproducible.
Anember Impression must not cover text or lines. If seal impression smudges, re-scal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form • Signature of the notary public must match the signature on file with the office of • | Partner(s) the county clerk.
Attorney-in-Fact Additional information is not required but could help to ensure this Trustee(s) acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
Other Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). 2015 Version www.NotaryClasses.com 800-873-9865 • Securely attach this document to the signed document with a staple.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is atlached, and not the truthfuiness, accuracy, or validity of that document.
State of California
County of SAN DIEGO
On 7/21/2020 before me, SANDRA FIGUEROA, NOTARY PUBLIC
Date Here Insert Name and Title of the Officer
personally appeared MARK D. IATAROLA
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(6) is/are subscriber to the within instrument and acknowledged to me that he/she/they executed the same in his/her/thei authorized capacityies), and that by his/hertheir signature(s) on the instrument the person(e), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
SANDRA FIGUTPOA laws of the State of California that the foregoing COMM. # 2162642 paragraph is true and correct.
NOTARY PUBLIC-CALIFOHN' A? SAN DIEGO COUNTY
WITNESS my hand and official seal.
AUGUST 14, 2020
Signature 2n &
Place Notary Seal and/or Stamp Above Signature of Notary Public - OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: _ Number of Pages:
Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: MARK D. IATAROLA Signer's Name:
• Corporate Officer - Title(s): _ • Corporate Officer - Title(s):
• Partner - • Limited D General • Partner - • Limited O General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian of Conservator • Trustee • Guardian of Conservator • Other: • Other:
Signer is Representing: Signer is Representing:
©2017 National Notary Association
POA#: 510021
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint
Helen Maloney, Mark D. latarola, John G. Maloney, Sandra Figueroa, Jessica Schmal its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledg and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to th conditions of contracts and consents of surety for, providing the bond penalty does not exceed Five Million and 00/100 Dollars ($5.000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions:
Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20" of April, 1999)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to be hereto affixed this 4th day of Aprit A.D. 2019.
SURETEC INSURANCE COMPANY
INSURANCE
By:
John Knox
State of Texas SS:
County of Harris
On this 41h day of April, A.D. 2019 before me personally came John Knox Jr., to me known, who, being by me duly swor, did depose and say, that he resides in Houston, Texas, that he is CEO of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company: and that he signed his name thereto by like order. •20?
1417009
I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston. Texas this 2 IST day of 2020 AD Any instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call 713) 812-0800 any business day between 8:30 am and 5:00 pm CST.
THE TERM OF THIS BOND IS TWO (2) YEARS.
• EXECUTED IN TRIPLICATE
Bond No. 4438982
Premium $ Included in Performance Bond
SUBDIVISION WARRANTY OBLIGATION BOND
Tract Map No.: 18135
WHEREAS, The City Council of the City of Fontana, State of California, and, OLIVE COMMUNITIES, LLC (Principal") have entered into an agreement dated 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 corporate surety, are held firmly bound unto the City of Fontana in the sum of Thirty One Thousand One Hundred Seventy Three and 40/100 ($31,173.40 ) 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 successfuily 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.
Revised - RG - 10/31/16
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 21ST day of JULY _ 2020
PRINCIPAL
OLIVE COMMUNITIES, LLC
BY: +
AHMAD AWAD, MANAGING MEMBER
(NOTARIZATION AND SEAL)
SURETY
SURETEC INSURANCE COMPANY
BY: Man -0. ctatansta
MARK D. IATAROLA, ATTORNEY-IN-FACT
(NOTARIZATION AND SEAL)
NOTE: Please Attached Notary
Acknowledgement and
Power of Attorney
Revised - RG - 10/31/16
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF 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 San Bernardino }
on July 22, 2020 before me, Sonia uaribal bary Notary public. personally appeared Ahmad Awad
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/shetthey executed the same in his/bertheir authorized capacity(ies), and that by his/her/theif signature(s) on the instrument the person(s), or the entity upon behalf of which the personts) 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.
SONIA GARIBAY
WITNESS my hand and official seal. Commission No. 2240129
NOTARY PUBLIC-CALIFORNIA
SAN BERNARDINO COUNTY
My Comm. Expires MAY 25, 2022
Notary Public Signature (Notary Public Seal)
INSTRUCTIONS FOR COMPLETING THIS FORM
ADDITIONAL OPTIONAL INFORMATION This form complies with current California statures regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed, should be completed and attached to ihe document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary Subdivision Warranty law.
(Title or description of attached document) • State and County information must bc the State and County where the document Bond signers) personally appeared before the notary public for acknowledgment.
Ublication • Date of notarization must be the date that the signers) personally appeared which (Title or description of atlached document continued) must also be the same date the acknowledgment is completed. _ Document Date 07 19/2.0 • The notary public must print his or her name as it appears within his or her Number of Pages 4 commission followed by a comma and then your title (notary public). • Print the name(s) of document signers) who personally appear at the time of CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.c. he/she/they, is /are) or circling the correct forms. Failure to correctly indicate this • Individual (s) information may Icad to rejection of document recording. & Corporate Officer • The notary seal impression must be clear and photographically reproducible member Impression must not cover text or lines. If seal impression smudges, re-seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of Partner(s) the county clerk.
• Attorney-in-Fact Additional information is not required but could help to ensure this Trustee(s) acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
Other_ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). 2015 Version www.NotaryClasses.com 800-873-9865 • Securely attach this document to the signed document with a staple.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of SAN DIEGO
On 7121/2020 before me, _ SANDRA FIGUEROA, NOTARY PUBLIC Date Here Insert Name and Title of the Officer
personally appeared MARK D. IATAROLA
Nome(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(e) is/are subscribed thorizer capacities. al
upon behalf of which the personis) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
SANDRA FIGUERDA aws of the State of California that the foregoin COMM. # 216264? aragraph is true and correc
SAN DIEGO COUNTY
NOTARY PUBLIC-CALIFORNIA L WITNESS my hand and official seal.
MY COMMISSIC EXPIRES
AUGUST 14, 2020
Signature
Place Notary Seai and/or Stamp Above Signature of Notury Public
OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: _ Number of Pages:
Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: MARK D. IATAROLA Signer's Name:
• Corporate Officer - Title(s): _.. • Corporate Officer - Title(s): - • Partner - • Limited 0 General • Partner - D Limited O General • Individual IS Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian of Conservator • Trustee • Guardian of Conservator • Other: • Other:
Signer is Representing: Signer is Representing:
C:2017 National Notary Association
POA#: 510021
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint
Helen Maloney, Mark D. latarola, John G. Maloney, Sandra Figueroa, Jessica Schmal its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Five Million and 00/100 Dollars ($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attoreys)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions:
Attorney-in-Fact may be given full power and authority for and in the name of and of hehalf of the Company, to execute. acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorey or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20 of April. 1999)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to be hereto affixed this 4th day of April, A.D. 2019.
SURETEC INSURANCE COMPANY
INSURANCE
COM By:
SURETEC John Knok Jr., CBO
State of Texas SS:
County of Harris
-*
On this 4th day of , A.D. 2019 before me personaily came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is CEO of SURETEC INSURANCE COMPANY. the company described in and which executed the above instrument: that he knows the seal of said Company: that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order.
New lang
29:17629
My commission expires September 10, 202
I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY. do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney. executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. 2 IST day of JULY 2020 A.D.
Given under my hand and the seal of said Company at Houston, Texas this Any instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call (713) 812-0800 any business day between 8:30 am and 5:00 pm CST.