Subdivision_Improvement_Agreement_20521.pdf — Fontana City Council, May 28, 2024

SUBDIVISION IMPROVEMENT AGREEMENT
Tract Map No.:_ 20521
THIS AGREEMENT is between the City of Fontana, a municipal corporation, County of San Bernardino, State of California ("City") and DR Horton Los Angeles Holdings, Co. Inc. ("Subdivider"):
20521 was
waly aproy the application for tentative Tract Map Nod. conditionally approved on
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 improvements as associated with the requirements per the approved project or to the satisfaction of the City Engineer of the City of Fontana.

All required improvements have an estimated cost of construction totaling ($ 51,919.11 ) 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 - RP -09/22/2022
required pursuant to the provisions of section (2), below. Subdivider's obligation to complete the improvements, or any portion of them, is not limited in any way by the estimated cost of construction, and the obligation of Subdivider's surety in connection with the securities required pursuant to the provisions of section (2), below.

2. 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:

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
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 "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 - RP -09/22/2022
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 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.

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 is karty a rei 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.

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 - RP -09/22/2022
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.

6. 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 the City of Fontana. No work on the improvements shall be commenced until plans and/or profiles therefore have been submitted, 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 - RP -09/22/2022
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 - RP -09/22/2022
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. 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 - RP -09/22/2022
acceptance and approval of any or all of the required improvements in said subdivision.

16. 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.

17. Repair or Reconstruction of Defective Work:

If, within a period of up to one year after City Council acceptance of the 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 - RP -09/22/2022
IN WITNESS WHEREOF, this agreement shall for all purposes be deemed an original thereo, having ben duly executed by the buniday signin may is on triene represendly st pursuant to authority of its governing body.

SUBDIVIDER CITY OF FONTANA
ARMorten Los Angeles Hulling CO, Inc.

By: Vick Sallen By:

City Manager
Vicki Gullion
Name
Print Name
Ansistant Secutery
Title
By: Attest:

City Clerk
Name
Print Name
Title
APPROVED AS TO FORM:

By:_
Best Best & Krieger LLP
City Attorney
Print Name
APPROVED AS TO CONTENT:

By:

City Engineer
Print Name
Revised - RP -09/22/2022

ACKNOWLEDGMENT
A notary public or other officer completing this
state of California
County o Riverside
on 3/27/2024 before me, _ Ashley Arryann Donovan Notary Public (insert name and title of the officer)
personally appeared Vicki Gullion
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(8) on the instrument the person(s), 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.

ASHLEY ARRYAN DONOVAN E
COMM #2417574
WITNESS my hand and official seal.

RIVERSIDE COUNTY
My Commission Expires September 22, 2026
Signature Ashley Cumpe Donova (Seal)
Notary Public
Attachments: (1) Exhibit "A" - Cost Estimate
(2) Exhibit "B" - Time Extension
(3) Securities
Revised - RP -09/22/2022
Exhibit "A"

INSERT ENGINEER'S

COST ESTIMATE

IN THIS SPOT
Revised - KE -9/17/20

CITY OF FONTANA

ENGINEERING T
• PRELIMINARILY APPROVED FONTANA
• CONSTRUCTION APPROVED.

IZ FINAL APPROVED CITY OF FONTANA
• CORRECTIONS ENGINEERING DEPARTMENT
• FOR INFORMATION ONLY COST ESTIMATE ** EXHIBIT "A" **
SHEET 1
BY talmgren DATE 2/26/2024
DATE: 1/11/2023 PROJECT NAME Citrus
DEVELOPER: DR Horton TRACT NO.

ENGINEER: Allard Engineering PARCEL MAP NO. Parcel Map No. 20521 PHONE NO.: (909) 356-1815

STREET IMPROVEMENTS
UNIT

ITEM QUANTITY UNIT COST AMOUNT
6" CURB & GUTTER L. F. 17.00 0.00
8" CURB & GUTTER 22 L. F. 19.00 418.00
8" THICK CROSS GUTTER S. F. 11.00 0.00
S.F. 7.00 0.00
EA 5,000.00] 0.00
DRIVEWAY APPROACHES 408 S.F 11.00 4,488.00
ASPHALT CONCRETE DIKES L.F. 11.00 0.00
FOG SEAL S.F 0.10 0.00
IMPORTED EMBANKMENT C.Y 10.00 0.00
PREPARATION OF SUBGRADE S.F 0.50] 0.00
18 TON 150.00 2,700.00
*GRIND A.C. OVERLAY (0.2' MI. THICKNESS) TON 150.00 0.00 **PCC CURB ONLY (MEDIAN) L.F. 16.00 0.00
ADJUST SWR/SD MANHOLE TO GRADE EA 500.00 0.00
ADJUST SEWER CLEAN OUT TO GRADE EA 300.00 0.00
ADJUST WATER VALVES TO GRADE EA 250.00 0.00
BARRICADES EA 40.00 0.00
2 X 4 REDWOOD HEADER L.F. 5.00 0.00
*REMOVAL OF A.C. PAVEMENT S.F 0.66 0.00
*REMOVAL OF P.C.C CURB LF 6.00 0.00
*REMOVAL OF A.C. BERM L.F 5.00 0.00
RETAINING WALL H=2 1/2 FT OR LESS L.F 40.00] 0.00
BLOCK WALL H=6 FEET L.F 50.00 0.00
AGGREGATE BASE TON 30.00 0.00
GUARD POSTS TON 70.00 0.00
GUARD PANEL (WOOD) L.F 40.00 0.00
SAWCUT L.F. 3.50 0.00
REFLECTORS AND POSTS EA 100.00] 0.00
STREET/STOP SIGNS EA 250.00 0.00
REMOVE EXISTING APPROACH 110 SF 0.66 72.60
STREET IMPROVEMENTS SUBTOTAL 7,678.60
* A.C. ASPHALTIC CONCRETE
** P.C.C. PORTLAND CONCRETE CEMENT
:IPRLICitrus Fontana\Project AdminiCost Estimates|COST ESTIMATE OFFSITES SHEET 2

STORM DRAIN IMPROVEMENTS
UNIT

ITEM QUANTITY UNI COST AMOUNT
* 12" PVC 30.00
* 18" PVC 50.00
* 18" RCP 90.00
* 24" RCP 23 2,530.00
* 30" RCP 19 4,750.00
* 36" RCP
* 42" RCP 250.00
* 48" RCP 260.00 0.00
* 54" RCP 280.00 0.00
* 60" RCP 300.00 0.00
* 66" RCP 320.00 0.00
* 78" RCP 340.00 0.00
*24" CMP 90.00 0.00
* 60" CMP 320.007 0.00
CATCH BASIN/CURB INLET:

W= 7 4,000.00 0.00
W= 10 4,500.00 0.00
W = 14 6,000.00 0.00
W = 16 0.00
W = 21 0.00
W= 28 0.00
JUCTION STRUCTURE 2 6,400.00
TRAFFIC TYPE JUNCTION STRUCTURE 0.00
DISCHARGE STRUCTURE 0.00
MANHOLES 0.00
LOCAL DEPRESSION 0.00
GRATE INLET STRUCTURE 0.00
HEADWALLWINGWALL 0.00
RIP RAP 500.00 0.00
TRASH RACK 500.00 0.00
CONCRETE COLLAR STORM DRAIN 1,000.00 1,000.00
STORM DRAIN IMPROVEMENT SUBTOTAL 14,680.00
* REINFORCE CONCRETE PIPE
SHEET 3

SANITARY SEWER IMPROVEMENTS
UNIT

ITEM QUANTITY UNIT COST AMOUNT
MANHOLES 60" DIAMETER EA 4,500.00 0.00
MANHOLES 48" DIAMETER 2 EA 4,000.00 8,000.00
DROP MANHOLES EA 4,500.00 0.00
WYES EA 100.00 0.00
: PRLICitrus Fontana\Project AdminiCost Estimates|COST ESTIMATE OFFSITES CLEANOUTS EA 600.00 0.00
REMODELING OF EXISTING MANHOLE: EA 950.00 0.00
BACKWATER VALVES EA 25.00 0.00
* 4" VCP L.F. 50.00 0.00
* 6" VCP L.F. 60.00 0.00
** 8" VCP 30 L.F. 70.00 2,100.00
** 10" VCP L.F. 80.00 0.00
** 12" VCP L.F. 90.00
** 15" VCP L.F. 100.00
CONCRETE ENCASEMENT SEWER 1,000.00 1,000.00
SANITARY SEWER IMPROVEMENT SUBTOTAL 11,100.00
** VITRIFIED CLAY PIPE
SHEET 4

TRAFFIC SIGNALS/ SIGNS/ STRIPING
UNIT

ITEM QUANTITY UNIT COST AMOUNT
TRAFFIC SIGNAL MODIFICATION:

ONE CORNER L.S. 75,000.00 0.00
TWO CORNERS L.S. 100,000.00 0.00
TRAFFIC SIGNAL NEW L.S. 400,000.00 0.00
PAINT TRAFFIC STRIPE (1 COAT) L.F. 2.40 0.00
PAINT TRAFFIC STRIPE (2 COATS) L.F. 0.65 0.00
PEDESTRIAN CROSSWALK STRIPPING L.F. 0.65 0.00
PAVEMENT MARKER (NON REFLECTIVE) EA 2.50 0.00
PAVEMENT MARKER (REFLECTIVE) EA 4.00 0.00
STREET SIGNS EA 250.00 0.00
REFLECTORS AND POSTS EA 100.00 0.00
MISC STRIPING EA 20,000.00 0.00
STOP BAR AND LEGEND STRIPING EA 100.00] 0.00
STOP SIGNS EA 80.00 0.00
TRAFFIC SIGNAL/ SIGNS/ STRIPING SUBTOTAL 0.00
SHEET 5

CFD LANDSCAPE IMPROVEMENTS (BONDING PURPOSES ONLY)
AREA LANDSCAPED S.F. 12.00 0.00
CENTER MEDIAN S.F. 12.00 0.00
LANDSCAPING IMRPOVEMENTS SUB TOTAL 0.00
SUB TOTALS:

STREET IMPROVEMENT SUB TOTAL: 7,678.60
STORM DRAIN IMPROVEMENTS SUB TOTAL: 14,680.00
SANITARY SEWER IMPROVEMENTS SUBTOTAL: 11,100.00
TRAFFIC SIGNAL/SIGNS/STRIPPING SUBTOTAL: 0.00
IMPROVEMENT SUBTOTAL: 33,458.60
(*USE THIS TOTAL FOR PLAN CHECK AND PERMITTING PURPOSES*) I:PRLICitrus Fontana Project Admin|Cost EstimatesiCOST ESTIMATE OFFSITES CFD LANDSCAPE IMPROVEMENTS: 0.00
SUBDIVISION MONUMENT GUARANTEE $1,200 + $50/LOT
STREET LIGHTS 1 @ $5,000 5.000.00

CUCAMONGA COUNTY WATER DISTRICT

FACILITIES
IMRPOVEMENTS SUB TOTAL 38,458.60
ADD 35% 13,460.51
BONDING TOTAL 51,919.11
I:IPRLICitrus FontanalProject Admin|Cost Estimates|COST ESTIMATE OFFSITES

D-R HORTON RE
America's Builder

TRANSMITTAL
To: Travis Almgren
Company: City of Fontana
Date: 3.27.24
Project Name: Citrus Lane, Tr. 20521 - ELP -000060-offsite Imp.

From: Megan Whieldon - MAP 22-000064-Finces Mat
Please find enclosed the following:
- Original signed and Notarized Subdivision Improvement Agreement - 3 Original Signed and Notarized Security Bonds for Faithful Performance - 3 Original Signed and Notarized Security Bonds for Labor and Materials - 3 Original Signed and Notarized Warranty Obligation Bonds Thank you,
Megan Whieldon
951-739-5485
[email protected]

CERTIFICATE OF ASSISTANT SECRETARY
The undersigned hereby certifies as follows:

She is a duly elected, qualified and acting Assistant Secretary of D.R. Horton Los Angeles Holding Company, Inc., a California corporation (the "Company"), is familiar with the facts herein certified and is duly authorized to certify the same.

The following are true, correct and complete copies of resolutions related to the siests, The coin are not sen red recordid a 12,2019 thei force and effect as of the date hereof.

Election of Assistant Secretary and Assistant Forward Planning Manager RESOLVED, that Vicki Gullion is hereby elected to the office of Assistant Secretary of the Company (the "Assistant Secretary") in the Company's Southern California Division (the "Division"), to serve until the next annual meeting of the directors of the Company and until her successor is duly elected and qualified or until her earlier death, resignation or removal.

RESOLVED FURTHER, that the Assistant Secretary is hereby authorized and empowered, in the North area (the "Area") of the Division and in the name and on behalf of (i) the Company, (ii) any partnership of which the Company is a general partner, manager or agent, and (iii) any limited liability company of which the Company is a member, manager or agent (collectively, the "Entities"), to sign, modify and terminate, from time to time as she deems it to be in the best interest of the Entities, homeowner association documents, CC&Rs, subdivision agreements, utility agreements, condominium plans, all agency applications relating to development, consultant agreements, maps and other similar or equivalent agreements or documents for the Area relating to the business of the Entities.

RESOLVED FURTHER, that the Assistant Secretary is hereby authorized on behalf of the Entities to sign, modify and terminate, from time to time as she deems it to be in the best interest of the Entities, various agreements and documents for the Area including, but not limited to, conditions, subcontract agreements, general contract agreements, bonds, building permits, improvement/development agreements and other similar or equivalent agreements or documents for the Area relating to the business of the Entities.

IN WITNESS WHEREOF, the undersigned has signed on the 11 day of April, 2019. conley Daglen
Ashley Dagley
Assistant Secretary
U:UTEWALT Min\LAHidng\19Apr11-COAS.wpd
Bond No. PB00561200145
Premium $ 118.00

SECURITY BOND FOR FAITHFUL PERFORMANCE OF

SUBDIVISION AGREEMENT
Tract Map No.: 20521
WHEREAS, the City Council of the City of Fontana, State of California, and, WHEREAS, under the terms of the Agreement, Principal is required to file before commencing work a good and sufficient payment bond with the City of Fontana to secure faithful performance of the terms of the Agreement.

NOW, THEREFORE, Principal and the undersigned as corporate surety, are held and firmly bound unto the City of Fontana in the sum of Fifty One Thousand Nine Hundred Nineteen and 11/100 Dollars ($51,919.11 ) 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 rees, 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 - KE -9/17/20
IN WITNESS WHEREOF, this instrument, for all purposes as deemed an original, having been duly executed by the Principal and Surety, as evidenced by the signatures of their duly authorized representatives whose signatures appear below, on this 20th day of March ,20 24

PRINCIPAL
D.R. Horton Los Angeles Holding Company, Inc.

Suk Stallen
Vicki Guuron, Assistant secretary
(NOTARIZATION AND SEAL)
SURETY
Philadelphia Indemnity Insurance Company
Nih with
Noah William Pierce, Attorney-In-Fact
CANITY

NOTARIZATION NOSI
1927
NOTE: Please Attach Notary
Acknowledgement and
Power of Attorney.

Revised - KE -9/17/20

ACKNOWLEDGMENT
A notary public or other officer completing this
ertificate verifies only the identity of the individua
ho signed the document to which this certificate
attached, and not the truthfulness, accuracy, or
validity of that document
State of California Riverside
County of
on 3/21/2024 before me, Ashley Arryann Donovan, Notary Public (insert name and title of the officer)
personally appeared_ Vicki Gullion
who proved to me on the basis of satisfactory evidence to be the person(8) whose name(8) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same ir his/her/their authorized capacity(ies), and that by his/her/their signature(8) on the instrument the person(g), 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.

ASHLEY ARRYANN DONOVAN !
COMM #2417574
WITNESS my hand and official seal. NOTARY PUBLIC - CALIFORNIA

RIVERSIDE COUNTY
My Commission Expires September 22, 2026 *
Signature Ashley Arseam Donovan (Seal)
Notary Public
STATE OF North Carolina
COUNTY OF Rowan to wit:
1, Bryan M Caneschi, a Notary Public in and for the State and County aforesaid, do hereby certify that Noah William Pierce, whose name is signed to the foregoing instrument this day personally, appeared before me in my said State and County aforesaid and acknowledged the same.

Given under my hand this 20% _day of March _ 2024.

Notary Seal
Notary Public
My commission expires on the 4th day of April, 2027.

PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Noah William Pierce, Catherine Thompson, Amy R. Waugh, Tynel Marie Whitehead, Kyle Williams, & Bryan M. Caneschi of Willis of NC, Inc. of the City of Charlotte in the State of North Carolina, its true and lawfu Attorney-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the natur thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed S50,000,000 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: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (I) Appoint Attomey(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and be to remove, at any time, any such Attorney -in Fact and revoke the authoriy given. And,

FURTHER
RESOLVED:

IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND IT CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021 1927
(Seal)
Joh Glomb. President & CEO
Philadelphia Indemnity Insurance Company
i this 5" day of March, 2021 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed.

Notary Public:
immonwealth of Pannsylvania - Notary Se Vaness McKengie nessa Mckenzie, Notary Pub
Montgomery County
My commission expires November 3, 2024
Commission number 1366394
Member, Pannsyfvar: A Association of Notanies residing at:

Bala Cynwyd, PA
My commission expires: November 3, 2024
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 20th day of _ March, 2024 _ 2880.

El Sar
1927 Edward Sayago, Corporate Secretary

PHILADELPHIA INDEMNITY INSURANCE COMPANY
Bond No._PB00561200145
Premium $_Included on Performance Bond

SECURITY BOND FOR LABOR AND MATERIALS OF

SUBDIVISION AGREEMENT
Tract Map No.: 20521
WHEREAS, the City Council of the City of Fontana, State of California, 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 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 Fifty One Thousand Nine Hundred Nineteen and 11/100 Dollars ($ 51,919.11 ) 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 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 - KE -9/17/20
IN WITNESS WHEREOF, this instrument, for all purposes be deemed an original having been duly executed by the Principal and Surety, as evidenced by the signatures of their duly authorized representatives whose signatures appear below, on this _20th _day of March _, 2024

PRINCIPAL
D.R. Horton Los Angeles Holding Company, Inc.

Nick Sallen
Vicki Gunion, Assistunt secretany
(NOTARIZATION AND SEAL)
SURETY
Philadelphia Indemnity Insurance Company
Nih WattR
Noah William Pierce, Attorney-In-Fact
(NOTARIZATION AND

INSURAN
1927
4 NOTE: Please Attached Notary
Acknowledgement and
Power of Attorney
Revised - KE -9/17/20

ACKNOWLEDGMENT
A notary public or other officer completing this
State of California
County of Riverside
On 3/21/2024 before me,. Ashley Arryann Donovan, Notary Public (insert name and title of the officer)
personally appeared_ Vicki Gullion
who proved to me on the basis of satisfactory evidence to be the person(8) whose name(g) 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.

ASHLEY ARRYANN DONOVAN E
WITNESS my hand and official seal. NOTARY PUBLIC CALFERNA BE COMM #2417574

RIVERSIDE COUNTY
ty Commission Expires September 22, 2026
*********
Signature lishley Arrezan Donoven (Seal)
Notary Public
STATE OF North Carolina
COUNTY OF Rowan to wit:
1, Bryan M Caneschi, a Notary Public in and for the State and County aforesaid, do hereby certify that Noah William Pierce, whose name is signed to the foregoing instrument this day personally, appeared before me in my said State and County aforesaid and acknowledged the same.

Given under my hand this 20 day of March _ 2024.

Notary Seal
Notary Public
My commission expires on the 4th day of April, 2027.

RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attornevs) in Fact to execut in behalf of the Company bonds and undertakings, contracts of indemnity and othe writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And. be it

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 5TH DAY OF MARCH, 2021. 1927
Sal With
(Scal)
Pridia in email i ence Company
on the so day or act 202 betie can I DEA INDEMN INSURANCE COMPANY, than an a any o sit armi s the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed Notary Public:

Commonweallh of Pennsylvania - Notary Sea Vanes Mckenpie /anessa Mckenzie, Notary Public
Montgomery County
My commission expires November 3, 2024
Commission number 1366394
Member, Parnayar Association of Notaries
residing at: Bala Cynwyd, PA
My commission expires: November 3, 2024
PHILADELPHIA INDEMNITY INSURANCE COMPANY.

In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 20th day of _ March, 2024 _ 28X0.

El Sa
1927 Edward Sayago, Corporate Secretary

PHILADELPHIA INDEMNITY INSURANCE COMPANY
Bond No. 9453179
Premium $_50.00

SUBDIVISION WARRANTY OBLIGATION BOND
Tract Map No.:20521
WHEREAS, The City Council of the City of Fontana, State of California, and, D.R. Horton Los Angeles Holding Company, Inc. ("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 Ten Thousand Three Hundred Eighty Three and 82/100 Dollars ($10,383.82 ) 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.

Revised - KE -9/17/20
IN WITNESS WHEREOF, this instrument, for all purposes be deemed an original, having been duly executed by the Principal and Surety, as evidenced by the signatures of their duly authorized representatives whose signatures appear below, on this 20th day of March, 2024

PRINCIPAL
D.R. Horton Los Angeles Holding Company, Inc.

Vik Challen
Vick Gullion. Assistant Severary
(NOTARIZATION AND SEAL)
SURETY
Fidelity and Deposit Company of Maryland
Noah William Pierce, Attorney-In-Fact
(NOTARIZATION AND SIO bEF 05T,

SORRORN CO
1850
NOTE: Please Attached Notary
Acknowledgement and
Power of Attorney
Revised - KE -9/17/20

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
State of California
County of Riverside
On 3/21/2024 before me, Ashley Arryann Donovan, Notary Public (insert name and title of the officer)
personally appeared Vicki Gullion
who proved to me on the basis of satisfactory evidence to be the person(g) 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(sy 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.

ASHLEY ARRYANN DONOVAN E
COMM #2417574
WITNESS my hand and official seal. NOTARY PUBLIC - CALFORNIA 8

RIVERSIDE COUNTY
ty Commission Expires September 22, 2026:
************************i
Signature Chley Aruyan Donovar (Seal)
Notary Public
STATE OF North Carolina
COUNTY OF Rowan to wit:
1, Bryan M Caneschi, a Notary Public in and for the State and County aforesaid, do hereby certify that Noah William Pierce, whose name is signed to the foregoing instrument this day personally, appeared before me in my said State and County aforesaid and acknowledged the same.

Given under my hand this A day of March - 2024.

Notary Seal
Votary Public
My commission expires on the 4th day of April, 2027.

ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND

POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by ROBERT D. MURRAY, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate. constitute, and appoint John F. THOMAS, Jynell Marie WHITEHEAD, Jennifer B. GULLETT, Catherine THOMPSON, Amy R.

WAUGH, Noah William PIERCE and Andrew M. BENNETT, all of Charlotte, North Carolina, EACH its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.

The said Vice President does hereby certify that the extract set forth on the reverse side hercof is a true copy of Article V, Section 8, of the By-Laws of said Companies, and is now in force.

IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 16th day of August, A.D. 2019.

ATTEST:

ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND
SEAL
1850
1098
By:

Assistant Secretary Vice President
Dawn E. Brown Robert D. Murray
State of Maryland
County of Baltimore
On this 16th day of August, A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, ‹uly commissioned and qualified, ROBERT D.

MURRAY, Vice President, and DAWN E. BROWN, Assistant Secretary, of the Companies, to me personally known to be the individuals and officer:
described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, tha c/she is the said officer of the Company aforesaid, and that the scals affixed to the preceding instrument are the Corporate Seals of said Companies, and th e said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the sa Corporations.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.

Constare a. Dum
Constance A. Dunn, Notary Public
My Commission Expires: July 9, 2023
POA-F 177-0035B

EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attorneys-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time."

CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By-Laws of the Companies is still in force.

This Power of Attorney and Certificate may he signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.

RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990.

RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed.

IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 20th day f March 20.24
SEA
1559 1998
Busy Hogis
Brian M. Hodges, Vice President

TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED INFORMATION TO:

Zurich American Insurance Co.

Attn: Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056

Fontana City CouncilMay 28, 2024

Fontana City Council
May 28, 2024