Ponium 52303010407274
SECURITY BOND FOR FAITHFUL PERFORMANCE OF
SUBDIVISION AGREEMENT
Tract Map No.: 17041 - Lot 2
WHEREAS, the City Council of the City of Fontana, State of California, and,
TAYLOR MORRISON OF CALIFORNIA, LLC
RISON DEMER his inDriorital rein by ed ince in gie Principal has agreed to construct, install and complete certain designated public improvements; and Commending weis god the seriest pay ge bond in the it dr Fo an to secure 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 five hundred sixty-three thousand two hundred seventy-two dollars ($ 563,272.00 ), 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 see, in of this by hal co of ho reasonable expensely and res includi restina tray e awarded by a court of competent jurisdiction in any judgement upon this bond.
The surely hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying it shall in any manner affect its obligation on this bond and surety hereby waives notice of any such change, alteration or addition.
Revised - RG - 10/31/16
IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes as deemed an original, have been duly executed by the Principal and Surety, as evidenced by the signatures of their duly authorized representatives whose signatures appear below, on this 11th_ day of December
TAYLOR MORRISON OF CALIFORNIA, LLC
PRINCIPA
Bryan Bergeron, Vice President
(NOTARIZATION AND SEAL)
Philadelphia Indemnity Insurance Company
SURETY
(NOTARIZATION AND SEAL)
NOTE: Please Attach Notary
Acknowledgement and
Power of Attorney.
Revised - RG - 10/31/16
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 )
) SS.
COUNTY OF ORANGE )
On December 14, 2020 _before me, Faith M. Domotor, Notary Public, Insert Name and Title of Officer
personally appeared Bryan Bergeron _, who proved
Name(s) of Signers)
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 capacityies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. FAITH M. DOMOTOR
Notary Public - California
Orange County
Commission # 2327202
My Comm. Expires May 29, 2024
Taill fonte
(Signature of Notary Public) Place Notary Seal Above
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 Orange
On DEC 11 2020 before me, - Gina L. Garner, Notary Public (Here insert name and title of the officer
personally appeared Martha Barreras
who proved to me on the basis of satisfactory evidence to be the personed whose name(s) is/axe subscribed to the within instrument and acknowledged to me that re/she/they executed the same in his/her/their authorized capacityinx), and that by tristher/*xeix signature/s) on the instrument the person(s), or the entity upon behalf of which the person(sy 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.
GINA L. GARNER
Notary Public - California
WITNESS my hand and official seal.
Orange County
Commission # 2198045
Mallama My Comm. Expires May 18, 2021
Notary Public Signature (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statues regarding notary wording and.
DESCRIPTION OF THE ATTACHED DOCUMENT if needed. should be completed and attached to the document. Acknoledgents 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 lau (Title or description of attached document) • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date 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 notarization.
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 lead to rejection of document recording.
Corporate Officer • The notary seal impression must be clear and photographically reproducible Impression must not cover text or lines. If seal impression smudges, re-scal if a (Title) sufficient area permits, otherwise complete a different acknowledgment forn.
Partners) • Signature of the notary public must match the signature on file with the office of 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.
Other * Indicate title or type of attached document, number of pages and date * 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
PHILADELPHLA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 10
ala Cynwyd, PA 19004-095
Power of Attorney
This Power of Altomey is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14° of November, 2016.
RESOLVED:
FURTHER That the signatures of such officers and the scal of the Company may be affixed to any RESOLVED:
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27. DAY OF OCTOBER, 2017. 1927
(Seal)
Robert D. O'Leary Jr., President & CEO
Philadelphia Indemnity Insurance Company
at he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument n this 27" day of October, 2017, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn sa the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed.
IMMONWEN, TH OF PENNSYLVAN Morgan Amopp
Mornia Knapp. Notary Public Notary Public:
(oper Menion Isp. Mortgomery Ceur
My Commission Expires Sept. 25.2021
WE PENG AKA TONION OF POTARIS Bala Cynwyd, PA.
residing at:
(Notary Scal)
My commission expires: September 25. 2021.
In Testimony Whercof I have subscribed my name and affixed the facsimile seal of' cach Company this day of El Say
1927 Edward Sayago, Corporate Secretar
PHILADELPHIA INDEMNITY INSURANCE COMPAN:
Bond No. PB03010407274
Premium Sincluded in performance bond
SECURITY BOND FOR LABOR AND MATERIALS OF
SUBDIVISION AGREEMENT
17041 - Lot 2
Tract Map No.: _
WHEREAS, the City Council of the City of Fontana, State of California, and TAYLOR MORRISON OF CALIFORNIA, LLC ("Principal") have entered into an agreement dated (the "Agreement" which is incorporated herein by reference, in which Principal has agreed to construct, install and completed certain designated public improvements; and WHEREAS, under the terms of the Agreement, Principal is required to file before commencing work a good and sufficient payment bond with the City of Fontana to secure the claims allowed in California Civil Code Sections 3082 et seg:
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 pertormance of the Agreement and referred to in the above referenced sections of the Code of Civil Procedure in the sum of five hundred sixty-three thousand two hundred seventy-two dollars ($ 563,272.00 ) 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, administrators, successors or assigns, to the satisfaction of the City of Fontana. Upon fulfillment of the obligations set forth in the Agreement as specified above, this obligation bond shall become null and void.
The surety hereby stipulates and agrees that no change, extension of time, alteration to the tenns 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
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 )
) SS.
COUNTY OF ORANGE )
On December 14, 2020 _before me,_Faith M. Domotor, Notary Public.
Insert Name and Title of Officer
personally appeared Bryan Bergeron →, who proved
Name(s) of Signer(s)
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.
TEAL OF TH FAITH M. DOMOTOR
WITNESS my hand and official seal. Notary Public - California Orange County
Commission #2327202
My Comm. Expires May 29, 2024
tarts tomator
(Signature of Notary Pu Place Notary Seal Above
PHILADELPHIA INDEMNITY INSURANCE COMPANY
Bia Bal PA 5ui04 10950
Power of Attorney
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14'* of November, 2016.
RESOLVED:
FURTHER
RESOLVED:
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27I DAY OF OCTOBER, 2017. 1927
(Seal)
Robert D. O'Leary Jr., President & CEO
Philadelphia Indemnity Insurance Company
the Corporate seal of said Company; that the said Corporate Scal and his signature were duly affixed.
Morgan Knapp
Notary Public:
residing at: Bala Cynwyd, PA
(Notary Seal)
My commission expires: September 25, 2021
In Testimony Whercof I have subscribed my name and affixed the facsimile seal of cach Company this day of El Sou
1927 Edward Sayago, Corporate Secretary
PHILADELPHIA INDEMNITY INSURANCE COMPANI
Bond No. PB03010407274-A
Premium S_included in performance bond
SUBDIVISION WARRANTY OBLIGATION BOND
Tract Map No.: 17041 - Lot 2
WHEREAS, The City Council of the City of Fontana, State of California, and, TAYLOR MORRISON OF CALIFORNIA, LLC _ ("Principal") have entered into an agreement dated (the "Agreement") which is incorporated herein by referenced, in which Principal has agreed to warrant and guarantee the installation and maintenance of certain designated public improvements; and
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 five hundred sixty-three thousand two hundred seventy-two dollars. ($ 563,272.00 ) 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 ees incurred by the City of Fontana in successfully enforcing this obligation, as may be awarde by a court of competent jurisdiction in any judgement upon this bonc 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 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 11th day of December ,20 20
TAYLOR MORRISON OF CALIFORNIA, LLC
PRINCIPAL
Bryan Bergeron, Vice President
(NOTARIZATION AND SEAL)
Philadelphia Indemnity Insurance Company
SURETY
Mbaneras
Martha Barreras, Attorney-In-Fact
(NOTARIZATION AND SEAL)
NOTE: Please Attach Notary
Acknowledgement and
Power of Attorney.
Revised - RG - 10/31/16
ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the locument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document
STATE OF CALIFORNIA )
) SS.
COUNTY OF ORANGE )
On December 14, 2020 before me,. Faith M. Domotor, Notary Public, Insert Name and Title of Officer
personally appeared Bryan Bergeron _, who proved
Name(s) of Signer(s)
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 capacityies), 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.
FAITH M. DOMOTOR
WITNESS my hand and official seal. Notary Public - California Orange County
Commission # 2327202
My Comm. Expires May 29, 2024
Fail fonte
(Signature of Notary Public) Place Notary Seal Above
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 - 1
County of Orange
DEC 1 1 2020 Gina L. Garner, Notary Public
On . before me, _
(Here insert name and title of the officer)
personally appeared Martha Barreras
who proved to me on the basis of satisfactory evidence to be the personed whose name(s) is/axe subscribed to the within instrument and acknowledged to me that re/she/they executed the same in kis/her/their authorized capacity(exy, and that by *wisher/*xexx signature/s) on the instrument the person(s), or the entity upon behalf of which the person(sy 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.
GINA L. GARNER
Notary Public - California
Orange County
WITNESS my hand and official seal. Commission # 2198045 My Comm. Expires May 18, 2021
mallarne
Notary Public Signature (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form comples with current California statutes regarding notary wording and.
DESCRIPTION OF THE ATTACHED DOCUMENT if needed. should be completed and attached to the document. Ackno/redgents 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 law (Title or description of attached document) • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title (notary public). • Print the names) of document signers) who personally appear at the time of notarızation.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are) or circling the correct forms. Failure to correctly indicate this • Individual (s) information may lead to rejection of document recording • Corporate Officer • The notary scal impression must be clear and photographically reproducible Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. (Title)
• Signature of the notary public must match the signature on file with the office of Partners) the county clerk
X 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). 015 Version www.NotaryClasses.com 800-873-9865 • Securely attach this document to the signed document with a staple
PHILADELPHIA INDEMNITY INSURANCE COMPANY
Bal ay, A 1904-0050
Power of Attorney
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14' of November, 2016.
RESOLVED:
FURTHER
RESOLVED:
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27T" DAY OF OCTOBER, 2017. 1927
(Scal)
Robert D. O'Leary Ir., President & CEO
Philadelphia Indemnity Insurance Company
the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed.
MAMONWEALTH OF PENNSYLVAT
Morgan Knapp
Morgan Knepp-Notary Public Notary Public:
Lover Merion Twp. Mangomery County
My Commission Expires Sept 25.2021
TERER PERISH MARATE OCIATION DO NOUR
residing at: Bala Cynwyd, PA
(Notary Scal)
My commission expires: September 25, 2021
In Testimony Whereof T have subseribed my name and affixed the facsimile seal of cach Company this day of El san
1927 dward Sayago, Corporate Secreta
HILADELPHIA INDEMNITY INSURANCE COMPAN
Taylor Morrison. TAYLOR MORRISON OF CALIFORNIA, LLC
4695 MacArthur Court, 8th Floor
Newport Beach, CA 92660
Office: (949) 476-1311
TRANSMITTAL
TO: Kathy Raasch
CITY OF FONTANA
8353 Sierra Avenue RECEIVED
Fontana, CA 92335
PHONE: (909) 428-8814 DEC 1 7 2020
DATE: December 14, 2020
FROM: Faith Domotor, Land Coordinator BY:. .Celtsl....
PROJECT: Shady Trails - Tract 17041 - Lot 2
RE: Subdivision Agreement Bonds
ITEM COPIES DESCRIPTION
1 1 Original, Executed & Notarized Security Bond for Faithful Performance of Subdivision Agreement
2 1 Original, Executed & Notarized Security Bond for Labor and Materials of Subdivision Agreement
3 1 Original, Executed & Notarized Subdivision Warranty Obligation Bond V As Requested For Your Approval For Your Action For Your Review Return Requested
COMMENTS
Please call me with any questions.
Thank you.
Faith Domotor
Land Coordinator
[email protected]
Kathy Raasch
From: Faith Domotor <[email protected]>
Sent: Thursday, December 10, 2020 2:07 PM
To: Kathy Raasch
Subject: FW: Shady Trails Permits
Importance: High
CAUTION - EXTERNAL SENDER - THIS EMAIL ORIGINATED OUTSIDE OF THE CITY'S EMAIL SYSTEM Do not click links or open attachments unless you recognize the sender and know the content is safe.
Hi Kathy,
I'm sorry, please omit the A. in Bryan's name... should be:
Bryan Bergeron
Thank you.
Faith Domotor
Land Coordinator
T: +19494761311 [email protected]
www.taylormorrison.com
You meso maxiotar copy tie main to ave here a for the amed adressed you are not the named addressed.
From: Faith Domotor <[email protected]>
Sent: Thursday, December 10, 2020 11:34 AM
To: Kathy Raasch <[email protected]>
Subject: RE: Shady Trails Permits 4695 macAr thur Court Importance: High
92460
Thank you.
Taylor Morrison of California, LLC
Bryan A. Bergeron
Vice President
Email: [email protected]
1 We are getting ready to pull permits the week of 12/215 and would like to know what you need from us in order to pull permits.
Thank you and I look forward to working with you.
Faith Domotor
Land Coordinator
T: +19494761311 [email protected]
www.taylormorrison.com
This message may contain confidential information and is intended only for the named addressee. If you are not the named addressee you should not distribute or copy this e-mail. If you have received this e-mail by mistake please delete it from your system. 3