Revised – KE -9/17/20
SUBDIVISION IMPROVEMENT AGREEMENT
Tract Map No.:
THIS AGREEMENT is between the City of Fontana, a municipal corporation, County of San Bernardino, State of California ("City") and
("Subdivider"):
WHEREAS, the application for tentative Tract Map No. , was conditionally approved on ; 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 imp rovement 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 Fi nal 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 satisfac tion of the City Engineer of the City of Fontana.
All required improvements have an estimated cost of construction totaling ____________________________________________________________ ($ ) 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 20010
LS-Fontana LLC
20010
February 26th, 2019
65,495
Sixty Five Thousand Four Hundred Ninety Five
Revised – KE -9/17/20
required pursuant to the provisions of section (2), below. Subdivider’s obligation to complete the improveme nts, 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:
a. To ensure a faithful performance of this agreement in regard to the improvements in the amount of 100% of the estimated cost of construction of the improvements; and
b. To secure payment to any contractor, sub -contractor, pers ons renting equipment or furn ishing 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
c. To guarantee or warranty the work done pur suant 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 esti mated 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 guarant ee 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 docu ments 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 – KE -9/17/20
City Council, less the total of all claims to which t he 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.
3. 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 af fect 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 work, it may require Subdivider, or his surety, to pay the City in advan ce, sufficient monies to cove r 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 – KE -9/17/20
the Final Map for reco rdation by the County Recorder of the County of San Bernardino.
5. Utility Deposits - Statements:
Prior to the commencemen t 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, obt ain 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.
7. Definition and Ownership of Improvements:
The term "improvements" means: grading, pa ving, curbs and gutters, path ways, 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 pre pared 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 Engin eer. 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.
8. 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 C ity 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 – KE -9/17/20
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 tim es 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 combinat ion of such owners. Any such re pair 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 a nd 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 construc ted 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 th e Subdivider, to the satisfactio n 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 erro r 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 – KE -9/17/20
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 wo rk pursuant to this contract, Su bdivider'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 agains t loss or liability which may ar ise 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 l ess 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 prop erty 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, ag ents, 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 liabi lity, 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, t he 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 b y the City shall in no way elimi nate 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 – KE -9/17/20
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 n ot agents of the City, if any, a re 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 improvement work performed under this Agreement, any of the im provements for work done under t his 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 Cit y), repair or replace or reconst ruct 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 r eplacements to be made before Su bdivider 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, labo r and materials, or warranty obl igations 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 accep tance 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 – KE -9/17/20
IN WITNESS WHEREOF, this agreement shall for all purposes be deemed an original thereof, having been duly executed by the Subdivider herein named on the day of , 20 being duly signed by its undersigned representative(s) pursuant to authority of its governing body.
SUBDIVIDER CITY OF FONTANA
By: By:
Mark Denny, City Manager
By: Attest:
Tonia Lewis, City Clerk
APPROVED AS TO FORM:
By:
Ruben Duran, City Attorney
APPROVED AS TO CONTENT:
By:
Ricardo Sandoval, City Engineer
Attachments: (1) Exhibit "A" – Cost Estimate
(2) Exhibit "B" – Time Extension
(3) Securities
11/18/2021 - RG
STAFF USE ONLY
ENGINEERING PC NO.
__________________
CITY OF FONTANA
ENGINEERING DEPARTMENT
COST ESTIMATE - EXHIBIT "A"
DATE: _____________________
DEVELOPER PROJECT NAME__________________ ENGINEER TRACT MAP NO._________________ PHONE NO. PARCEL MAP NO. _______________
STREET IMPROVEMENTS
UNIT
ITEM QUANTITY UNIT COST AMOUNT
6" CURB & GUTTER _ L.F. 17.00 __
8" CURB & GUTTER L.F. 19.00 _
8" THICK CROSS GUTTER S.F. 11.00 _ 4" SIDEWALK S.F. 7.00 _
ACCESS RAMP EA 5,000.00 _ DRIVE WAY APPROACHES S.F. 11.00 _ ASPHALT CONCRETE DIKES L.F. 11.00 _ FOG SEAL S.F. .10 ____
IMPORTED EMBANKMENT C.Y. 10.00 _
PREPARATION OF SUBGRADE S.F. .50 _ *A.C. TON 150.00 _
*A.C.OVERLAY(0.20 THICKNESS)
PER CITY STANDARD TON 150.00 _ **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 EA 250.00 _ BARRICADES L.F. 40.00 _
2 X 4 REDWOOD HEADER L.F. 5.00 _ *REMOVAL OF A.C. PAVEMENT S.F. .66 _ **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.F. 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 L.F. 3.50 _
REFLECTORS AND POSTS EA 100.00 _ STREET SIGNS EA 250.00 _
______________________ ________ EA _______ ________ ______________________ ________ EA _______ ________ ______________________ ________ EA _______ ________ ______________________ ________ EA _______ ________
STREET IMPROVEMENT SUBTOTAL __
* A.C. ASPHALTIC CONCRETE
** P.C.C. PORTLAND CONCRETE CEMENT
11/30/2021
LandSea Homes
Fuscoe Engineering
858-554-1500
Monarch Hills- Duncan Canyon Rd Sewer
20010
23 $3,450
80 $2,400
$5,850
ELPC21-000025
APPROVED
HP
11/30/2021
11/18/2021 - RG
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. 250.00 ________
* 36" RCP L.F. 250.00 ________
* 42” RCP ________ L.F. 250.00 ________
* 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 ________ L.F. 90.00 ________
* 60” CMP ________ L.F. 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
UNIT
ITEM QUANTITY UNIT COST AMOUNT
MANHOLES 60" DIAMETER EA 4,500.00 ________ MANHOLES 48" DIAMETER EA 4,000.00 ________ DROP MAN HOLES EA 4,500.00 ________
WYES EA 100.00 ________
CLEANOUTS EA 600.00 ________
REMODELING OF EXISTING
MANHOLE EA 950.00 ________
** 4" VCP L.F. 50.00 ________
** 6" VCP L.F. 60.00 ________
** 8" VCP L.F. 70.00 ________
** 10" VCP L.F. 80.00 ________
** 12" VCP L.F. 90.00 ________
** 15" VCP L.F. 100.00 ________
__________________ ________ L.F. _______ ________
__________________ ________ L.F. _______ ________
SANITARY SEWER IMPROVEMENT SUBTOTAL ________
** VITRIFIED CLAY PIPE
2 $9,000
1 $4,000
1 $950
77 $5,390
8" DIP Sewer
303
75.00 $22,725
8" End Cap
1 EA
600.00
$600.00
$42,665
11/18/2021 - RG
TRAFFIC SIGNALS/SIGN/STRIPING
UNIT
ITEM QUANTITY UNIT COST AMOUNT
TRAFFIC SIGNAL MODIFICATION:
ONE CORNER L.S. 75,000.00 _
TWO CORNERS L.S. 100,000.00 _
TRAFFIC SIGNAL NEW L.S. 400,000.00 _ PAINT TRAFFIC STRIPE (1 COAT) L.F. 2.40 _ PAINT TRAFFIC STRIPE(2 COATS) L.F. .65 _ PEDESTRIAN CROSSWALK STRIPING L.F. .65 _
PAVEMENT MARKER
(NON REFLECTIVE) EA 2.50 ________
PAVEMENT MARKER (REFLECTIVE) EA 4.00 _ REFLECTORS AND POSTS 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 __________
SUBTOTALS:
STREET IMPROVEMENT SUBTOTAL....................___________________ STORM DRAIN IMPROVEMENTS SUBTOTAL..............___________________ SANITARY SEWER IMPROVEMENTS SUBTOTAL...........___________________ TRAFFIC SIGNAL/SIGNS/STRIPING SUBTOTAL.........___________________
IMPROVEMENT SUBTOTAL ===================
(*USE THIS TOTAL FOR PLAN CHECK & PERMITTING PURPOSES*)
CFD LANDSCAPE IMPROVEMENTS ....................___________________ SUBDIVISION MONUMENT GUARANTEE $1,200 + $50/LOT ...___________________ STREET LIGHTS _______ @ $5,000 ................___________________ CUCAMONGA COUNTY WATER DISTRICT FACILITIES.....___________________
IMPROVEMENT SUBTOTAL.... ===================
ADD 35%..................... ____________________
BONDING TOTAL........___________________
$5,850
$42,665
$48,515
$48,515
$16,980
$65,495
APPROVED
HP
11/30/2021
11/18/2021 - RG
APPROVED PUBLIC IMPROVEMENT PLANS:
STREET IMP. DWG. NO._____________________
STREET LIGHT DWG. NO.____________________
SEWER IMP. DWG. NO.______________________
STORM DRAIN IMP. DWG. NO. _______________
TRAFFIC SIGNAL DWG. NO.__________________
SIGNING & STRIPING DWG. NO.______________
ELPC21-000025
6092
Bond No. P8ffi010408479
Premium $ pr.oo
SECLTRITY BOND FOR FAITHFUL PERFORMANCE OF
SLTBD IYISIO N AGREEMENT
Tr:act Map No.: ?finln
WHEREAS, the City Council ofthe City tlf F*ntana, State of Califomia arld, LS-Fontana LLC {"Principaf'} have entered into an agreement dated _ (the "Agreement") r*dich is inc*rporated herein hy reference. in which Principal has agreed to eonstmct, install and complete certain designated public improvements; and WHEREAS, uuder the tenns of th.e Agreemeirt, Prilcip*l is required trr file befole commencing work a good and sufficient palmrent bond with the City of Fantatra to $ecure faith&rl performance of the terms of the Agr*ment,
NO\ff, THERBFORE, Principal and the untiersigned a^s corporate sulety. are held and firsly bound unla the City of Fonta.na in the sum ofslxtY five fiousmd Fsur 15 f$ 65.495.0il ), to assure fait}ful perfr:rmance of all terms and conditions of the Agreement.
This trand shall be and remain iu firli fo:*e and effect, and shall indemnify and hoid harnrlsss the City of Fontana its offr*ers, agents and employees until all terms, $ove.s.srrts- provisions a'rrd ccnditions cf tbe Agreement. and any agrreed upon alterati*ns or additions thereto. are fully a:rd well met and perftumed by the Principal. his or its heirs. executors, administrators, successors or assigns, to the satisfaciion of the City ef F*ntana in the time and rnanner specified in the Apgerment. Up'rn fulfiilmcnt of the nbligations set fixlh in tbe Agreenent a,s specitied absve, this obligxion boad shall become nr:Il and vcid.
As part of the otrligatira se*ured hereby, Principal shall pay. in addition to the fuce amount of this bond. all costs and reasonable exFense$ and fees includirg rsasonable aftomey's fees, iqcurred by the City af Fontana in su*cessfully enforcing such obligation= us may be awarded by a court of com$etent jurisdiction in anyjudgement uponthis bond.
The surety hereby stipulates antl agrees thst nc change, extension af time, altexalian or addition to the terms of the Agreement or the specificatians *ccompanying it shall in any manner affect its oldig*tion on tbis bond a$d surety hereby waives notice of any su*h change, alteration or addition-
Revised*RG-1Oi31/16
IN WITNESS WHEREOF, three {3} identical *ounterparts of this instrument, eac.h of which shall for all purpmru as deemed an ariginal, have been duly executed by the Principal and Surety, as evidenced by the signatures of their duly anthorized represeirtative* whose signatures appear below, on this 7& day of---Decernht- ,?0:1-.
FRINCIPAL LS-Fontam LLC
(NOTARIZATION AND SEAL)
SURETY Philadelphia lndemnity lnstrance Company
{NOTARIZATION AND SEAL)
NOTE: Please Attac.h Notary
Acknowledgement and
Power of Attorney.
Reliied - RG '10131/16
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 December t3,2O2L before me, Terri L. Piligian, Notary Public (insert name and title of the officer)
rn
I certify under PENALry OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and officialseal
Sign
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 07 Z02l before me, Gina L. Garner, Notary Public personally appeared Martha Barreras
who proved to me on the basis of satisfactory evidence to be the person{g} whose nameF) isrhxg subscribed to the within instrument and acknowledged to me that he/she/ffi executed the same in his/her/therir authorized capacity(iiex)g and that by lqisdher/tfnix signature$| on the instrument the person{$, or the entity upon behalf of which the person{s} acted, executed the instrument.
I certiff under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and officialseal.
zz
,dF"\ GINAL. GARNER
AKdm) n"'?,H?:.;lif.j*'"
Y. s/ cornmission t 2t6l777
\€W*v comm. Expires Jun 18, 2025
22 Public Signature (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This lorm conplies with current California stalutes regarding hold\, voriling and, ifneeded, should be completed and anached to the document. Acknohredgents fronr other states may be conpletedfor documenls being setil lo that state so long as the vording does not require the California nolaty to violale Califurnia notary Imt, r State and County information tnust be lhe State and County where the document signer(s) personally appeared bcfore the notary public for acknowledgmort. . Date of notarizntion rnust b€ the date that the signo(s) personally appeared which must also be the sarnc date lhe acknowledgment is cornpleted. . The notary public must print his or her name as it appears within his or her commission followed by a cornrna and lhor your title (notary public). r Prinr the name(s) of document signer(s) who personally appenr at lhe time of notarization.
. lndicate the correct singular or plurat fonns by crossing off inconect forms (i.e, he/she/rhey; is /e*e ) or circling the correcl forms. Failure to conectly indicate this infonnation may lead to rejection ofdocurnent recording. r 'Ite notary seal irnpression must be clear and photographically rcproducible, lmpression must not cover lext or lines, If seal impression smudges, re-stxl if a sufficient area pennits, otherrvise complete a different acknowledgrnent fonn. . Signature of the notary public must match the signature on file with the office of the county clerk.
A Additional information is not required but could help to cnsurc this acknowledgment is not misused or altached ro a different document. a lndicate title or type ofattachcd document, nurnber oflnges and date' .:. lndicate the capacity clairned by the signer. If the claimed capacity is a coqrorate officer, indicatc the title (i.c. CEo, CFO, Secretary). . Securely ltlach this document to lhe sigoed docurnent with a staple.
DESCRIPTION OF THE ATTACHED DOCUMENT
(Tite or descdption of attached document)
(Tide or descdption of afrached document continued)
of Paoes
-
Document Date-
CAPACITY CISIMED BY THE SIGNER
n lndividual(s)
n Corporate Officer
(Title)
tr Partner(s)
fil Attomey-in-Fact
n Trustee(s)
r-r Other
201 5 Version nrvw.NotaryClasses.corn 800-873-9865
PTI I LA DELPH IA INDEMN ITY INSURANCE COMPANY
One Bala Piaza* Suite I C0
Bah Cy*nwy<i, PA | 9il0+G5t
Porver of Attorney
KFi*iS. ALL PERSf}hT BY Tlj ESE PRESENTS: T-Irat PHILADELPHIA INDEMNITY INSUR.{NCE COMPANY (tte Ccmparry}. a cDrpgration oTganizEd and existingunderthelawscftheC*mmonwealthofPennsylvania,doesherebycen$irutearrdappointJANINAMONRGE IHOMASG.MCCALI*TIMOTHYJ, .LJrlONAlgMJCIJE LFHA.tSEANDMARIHABAFfiERASSFLOCHfONCOMP.AIIIJES,LLC.itsrrueandlawfulArumey-i..)-factwiltfuil aurhor-iryroexecure tn irsbehglfbqnds, urdenakirgs, rea*gnizanees and cther *ontrauts of indemnity and writings obligaroty in the nature therecf, issutd in the r.surse ofitsbusiil*ss arrd ro bind the Company thereb, in an amsunt not to exceed $!!Q!!.1!$ This P+wer of AFDmey is granted and is signed ad sealed by facsimile under ad by rhe aurhority of the follcrving Resolldon adtpred by the Ecard of Dire*crs of PHILADELPHIA INOEMNIfY IN-SURAI.ICEilOMFANY qn dle l4eof November, ZSIS.
RESOLVEO: Thar the Euard of sirectors hercby aurhorizes the Prrsidenr *r any Yice Prtsi&nt afrhe Conrpany: ( I ) AFpB; nt Anorney{s} i n Fact md authaii ze thr Attorneyis} in Fact ta execute on behalf ofrhe Cc'rnpany b*nds and undenakings, uantre.ds *f indemniry and +rhtr writings cbligatary in the nature therecf and t* *ta{.h the stsal of the Campnny ther€to1 an d t2) ro remove, ai any rime, any $ch Attoft e),i n-Fact an d revoke th e authority given. An d, be it
FURTHER
RESOLVED: fhat dre signatures of s,ch *ffimrs and the seal ofthe iompany may be affixed ro any such Fswer cf Att*mey cr errifr rate relating thereto by facsimi ls, and any sue.h Fower of Aitorney so exeruted and eerrifiedby fac-"imile signarlres and facsimi !e sal shall be valid and binding upcn the Company in rhe future with regecl te any bond cr unde*aking to uhich itisatarhed.
IN TESTIMONY WHEREOF. FHILADELFHIA
'NNEMNITY
I}.ISURANCE CSh,IPANY HAS CAUSED THJ! TNSfRUMENT T* BE SI{INED AND ITS CORFORATESEALfiTl BE AFF XED BY ITS AUTHORIZED GFFICE THir 'iH
DAY OF M,{RCH' ?021.
(Seal)
t$*l*M
Fhi iadelphia Indemnity Insurane C*mpmy
On rlris 5ft day of Maroh, 202 ! befir: rne came the individual who exeruted the preceding insrument. ta me personally kna"sn, and being by me du ly srvom said thar he is rhe r{rerein describeC and authurizerj uffiuer of the PHItAOELFHIA INDEMNITY II\ISUR{NCE COMPAIiIY; that the seal affixed t* said instrument is the Corporate seal of said {l*mpany; thar the said lbrporate Sea} and his signaturr rrere du ly affixed.
Notary Rrbiic:
resi ding ar:
My cornmisisn expires
Bala Cynwyd. FA
Nqvember 3, f0?4
I. Edward Sayagg Carporate Sec""*tary of Fi|ILADELPHJ.{ INDEMNIft' INSURANCE COMPANY, do hereby cenily rhar the t'oreguing res*lution rf rie Eoard of Direr,tors md the Fawer uf Atrcmey issued pursuart theretc on the 56 day March. :0: I are trur and correct and are gill in fu ll ferce and effect, I dc furth er ceni$ th at Jnhn Glomb, whc exec.sred rhe Fr:wer of Att*rney as Presidenq was an the dare +i exeeution of ttre ataclred Fcwer cf Atisrnel the duty elected Fresident +f FHJLADELFH IA INDEMI.{f TY INS LTR,{NCE TSMPANY.
Jn le*iraony lYhereof J have .s;bsrri!,ed rny na.ne and affi.rrd *e farsi.,nile sea! nf ea*r f,*r*pany rhis 7h da3'. cf Decembs 2W1 ilit/ Edwar{ Sayago, C*rporate S€crerary
PH I LA D6L P }I IA IN D EIII N ITY INSUR,{.NCE CD M PANY ...!-
Vtmgcrllcfeerb"
t*d{Ilomctyc$rtttl
tdf aBtfft{sslo{ttrltitts t'lov*tnDar
Band N* P8ffi01040847S-M
P:emiu:n $-gcbdg{-g rctlnrrngnr* bmd
SUBDTVISION }YARRANTY OBLIGATIGN BOND
Tract FIap No,: ?fffn
WHEREA$, The CityCouncil ofthe City of Fontana" Statn of Calif*rnia, and, f'Prineipal") have entered into an agreement dated
Agreemenf' ] which is itccrSnrated hereie by referenced, in which Principaill has agreed to warrant and guarantee
impr,tvemeak; anri
the iastallation and maintenance of eertain designated public WHEREAS, under the terms of the Agreement, Principal is required tt lile before acc*ptance of improvements by the City cf Faatana a good and sufFcient pa)"mert bond with tne City of Font*na to secare the performance of its warranty and guarantee otrligation under the Agreement.
NOW, THEREFORE, Principal and the undersigned as corporate surety, are held finnly bound unto the City *f Fontana inthe sum of
{$ 65,495 I tr: secure the wxranty a.nd
labcr ar material furnished in connection
improvements required by the Agreement.
This bond sh.sll be and re,main in full force and effect, and shall indemnifu and hold harmless thr City of Fontana" its affrcers, agents and employees until all wa.rranty or guarantee time periods required under the Agree.rnent following performance of all term$, coverarts, provisions and conditions of theAgreemrot, and any agreexl up*n alteratic,:rs ar additions therettr have expired as to the Principal, his or its heirs, exscutors, administratcrs, successsr$ c,r assigns.
IJpor fulfillmmt of the nbligations set forth in the Agteemert as specifred above, this oblig*tion bond shall become sull and v*id.
As a parl of tbe obligation secured herebS Frincipal shall pay, iu addition to the face amount of this bond, all costs and reasonable expetrses and fees ineluding reasonable attt-met's fees incurred bythe Citv $f Frntara in successfirlly enforcing this ob,ligatior.! as maybe awarded bya court of compeient jurisdicdon in anyjudgemcnt upon this bond.
The urrety hereby stipulates and agrees that no *,hange, extension or time, alteration or addition to the tenns af the Agreement or the speci ficati *ns *ccompanying it shall in any manner affect its obiigatian on this bond and surety hereby rvaives notice of any such change, alteration or addition.
guarante€ af Prircipal against any qrork t:r
with the installation a:rd maintrnance of the public
Revired -FG -10/31/tE
IN WITNESS WHEREOF, three i3) identical c ounte4lart$ of this insirument' ach of which shall for all trnrqtoses be ilemed an otiginal, have been duly executed bY the PrinciPal and Surety' as evidencd by the signatures of rheir duly authorized reprsentatives whose si gnature appear below , on this ?h daY of Deember ?0-eL- PRINCIFAL LS-FontanaLLC
TION AND SEAL)
SUREry Phildelphia lndemnity lnsurance Cunpany
Attornry-lnfact
$TCITARIZATION AND
NOTE: Please Attached NoiarY
Acknowledgement and
Power ofAttomeY
Revised-re-10/31/16
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange )
on December t3,202L before me, Terri L. Piligian, Notary Public (insert name and title of the officer)
tn
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal TERRI L. PILI6IAN
Nolary Publlc - Catlfornla
Ordnge County
Coftmllrion n 2272997
Corllm, Explr€3 Dec 20?2
Signatu (Seal)
ALL. PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to whlch this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Oranqe )
on DEC 07 2021 before me, Gina L. Garner, Notary Public personally appeared Martha Barreras
who proved to me on the basis of satisfactory evidence to be the person{of whose name$) islnRq subscribed to the within instrument and acknowledged to me that he/she/finy executed the same in his/her/the;ir authorized capacity(iiexls and that by hiedherlff;gir signature$f on the instrument the person6*, or the entity upon behalf of which the person{s} acted, executed the instrument.
I certiff under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and officialseal.
Public Signature
@.
GINA L. GARNER
Notary Publlc . Callfornia
0range County
Commission # 2361777
Comm. Expires Jun 18, 2025
(Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Tide or description ofattached documonl)
(Ti0e or doscription of atached documeflt continued)
Number of Pages
-
Document hato
201 5 Version vnrrr,r.NotaryClasses.com 800"873-3865
INSTRUCTIONS FOR COMPLETING TFIIS FORM
Thisform complies vith cunut Califonia stautes rcgarding notan'tording tnd, ifneeded, should be completed qnd arlached to the document. Acknolvedgenrs ltonr other slates may be conpletedfor docunteilts belng sent to lhat state so long as the vording does not reEire the Californlo notary to violate Calforaia notary lav' r Stotc and County infonnation must be the State and County where the document signer{s) personally appeared bcforc the notary public for acknowledgment. r Date ofnourizntion must be the date that the sigrrer(s) personally appeared which must atso be the same date the acknowledgurent is completed. . The not&ry public must print his or her name as it appears within his or her commission followed by a cotnma and lhcn your titlc (notary public)' r Print the norne(s) of documeat signer(s) who p€rsonally appextr at the titne of notarization.
r lndicate the correct singular or plural fonns by crossing off inconect fonns (i.e. he/shc/rhey; is /ere ) or circling the corr€ct forms. Failure to correctly indicate fiis infonnation may lead to rejection ofdocurnent recording. . The notary seal impression must be clear and photographically reproducible. lmpression tuust nol cover text or lines. If seal impression srnudges, re'seal if a sufficiant area pennits, otherwise complete a different acknowledgment fonn. r Signature of the notary public must match the signanrre on file with the office of the county cterk.
* Additional information is not required but could help to enswc this acknowledgrnent is not misused or attached to a different docurnenl. .3 Indicare title or type ofatlachcd document, nutnbcr ofpages and date' * Indicate the capacity claimed by the signer. If the claimed capacity is a corporatc officer, indicate the titlc (i.e. CEO, CFO, Secretary). . Securely attach this document to dte signed doculnent with a staple
CAPACITY CLAIMED BY THE SIGNER
tr lndividual(s)
tr Corporate Officer
(Title)
n
m
tr
tr
Partne(s)
Attomey-in-Fact
Trustee(s)
Other
PTI I LA SELPH I,{ INNEMN ITT' INSURANCE COMPANY
0n: Bala Flozs Suite 100
Bal= Qnwyd PA ! 9804-0058
Powar ofAttorne:f
KNC|W ALL pERSCr.iS EY fHESE PRESENIS: That PHILADELP*IiA INDEMNITY INSUR{NaE COI?IPANY {rhe C*mpany}, a aorporati*n organized and enisting under the lacrs *f the Commonwealth *f Pennsylvania, Coeshereby consitute n*d aFpoint JANINA MONROE, THSMAS G. MCCALL, f IMOIHY I' NOONAN, MICHELLEgAAf F AND MARtlJA EA.RESFAS OF LGCKIONCOM.ilANJES. LLf,. irsrrue and lawful Attomey-in-fact wi4r ful! aurhoriry ro esecure cn irsbehalfbcnds; undenakings, remgnlzances and otlrcr c'rntracts u-{ indemnity and *rirings c&ligatory in the nature thereof. issued in the cours ofitsbusin*ss and rc bind rhe C+mpany there$, i* an amouilt liot to exceed $Q;Q!$.1Q!I! This Flwer of Attomey is granted and is sign*d md sealed by facsimile under and by rhe althority aithe follcwing Rescluricn rdopt:d by the Board sf Sirectors af PHILADELPHIA IN-DEMNIIY INSURANCE COMFANY an lhe 1+n trf Navembir, :01{' RESOLV6D: That the Fo'ard of Direcmrs hersby authorizes th e PrtsirJent qr any Yic€ Presi&nr af the Ccmpany: il ] App*int Ancrney{s} in Fam and auth*rizetht Attomey(s} in facr n execute an behalf of the Comoany hnnds and undenakingg ;Htra6ts cf indannity and other wriri *gs obligamry in the natrre thereof end tc *ra*r *e stel of rhe Com pany iheretoi an d {2i!orem$ve,atanytlme,anysrchAr*meyin-Factandrevokethea.IrhorityS;v€n' Aod, be ir
FURTHSR
RESOLVED: Tharthe signatur*s of sruh offirers and tlte seal rfthe Company may be affixed ro any *rch Fower of Anomey si sertifr cate reladng ;hereta by 'oa+sim! le. and any such Power sf Aiiomcy sr: exeeute-r and eerifi edby fae-.imile signaturm and facsimile seal slrall be valid and birding upon the Company in the future with respecr lo any blnd cr undenaking to xhich irisanached.
IN TE5T'MONY IvHERESF, PHILADELFHIA INDEMNITr INSURANCE CS;\,iPANY HA5 IAUS$D THIS INSTRUMENT TE EE SIfiNED AND iTS CCRFCRATESEALTO BE AFFIXED BY ITS AI.ITH$RIZEN {}FFI{:E TTIIS 'iII
DAY DF MARCH,202I.
i : ,'., .i
.**,l*M
Fhi ladelphia Inrlemniry lnsrrance C+mp*y
iSeal]
On :tris 5s day of March, 2!! I before me came the individual wha exeruted the preceding in*r$mrnt! to mE Fersonally knorxn. and being by me du ly swom said that he is the therein desc.ribed end aurhorized officer +f the PHILADELPHIA INEEMNITY U9SURANCE COIIIPANY; thar rhe eal aftlxed to said instrunrenr is the Corpcrale seal ofsaid CsmFanlt *rar rhe sai d C'orporate Seu| and his signature were duly affixed, Norary Public:
,1,1;"e-r*:,r' .*' i'i1.-.*:'.: .. ..:. <-t'
l*ad$r, residing at:
M3* csmmissi+n expires
Bala Cynwyd. PA
Nrvember 3. ?014
t. Edward Sayago, fcrporare Sec.retary a{ FHiLADELPttiA JN*EMNITI' TNSURANCE COh,IPA}.IY, d* hereby rc*ity thar the t'cregci*g resolution uf dre Soard af Direetlrs and the Power of Attrmey iss;ed pursuant theret+ on the 5s day tr{arc.h. ?0?l {re true an d coffecr and are sill in fu ll force md effect I dc furrher ce ni$ th at John Gtornh whe exec.ured ihe Power ef A*amey ss President was on the date sf execution ol rhe a$ached Puwer of Atnmty rhe duly elecrtd President of PHIL,{DELFH IA I NDEMNITY I N5 LTR,qNCE COMFANY,
Jn le.*imany Wherec,f J have sb.sa'ibed rny r':arne and afFrrd :he iae$..nile sea j Ff earf) ftr:llFany rhi" 7h dr: og Decembm 2ffi1 &lwanJ Sayago, Corptrate See.rs{ary
PH ILAOELPHIA INDE[4NITY INSURANf 6 COMFANY
lty qot!tst{srloat drlrs floert$lat3.
lldinrb.
HorEo$!ry6Eulrly
Bond Na.PB0301040BATS
Premium $jrdudedjo.psfu rlaan-ce bond
SECURITY BOND FOR LABOR AND MATERIALS OF
SUBDTVI$ION AGREEMENT
TractMapNo.:ru
IYHEREAS, the City Council ofthe City of Fontana State of Califomia and Ls-Fontana LLC i*principal') have entered into an agreement dated (the "Agleement") which is inccrporated he.rein by referenee, in *'hich Principal has ageed tc construct. install and completed ctrtain designxed public improvements; and IYIIEREAS' under the te,rms of the Agroement, Priacip*l is required to file before commeqcing work a good and sufficie&t paynent bond with the City af Fontana to secure lhe elaims all'rwerl in California Civil Ccde Sectiors 3082 et se{l.
NOW, THEREFORE, Principal and the undersigned as corpsrate surety, are held firmly hund unto the City of Fantana and all contr:actors, subcontractcrs, laborers, material men aad oth*r persons emplaled in ths pefrormance of the Agreement and re.ferted to in the above refermced sections of the C,:de *f Civil Proeedure ia ths sum of sixty rivethonrsud fsr hurdd ninetv five dolht:
i$ g:,+SS.m ) materials furdshed or labor performed of 'any kind under the Agreernent, or tbr amounts due under the UnemploSu.ent Insurance Act with respec.t ta stch work or labor, that said surcty will pay the sum in an amoud rrot exceeding this 'amount herein set tbrth abovs" and in the event legal action is brought upon this bond, the surety will pay-, in addition to the face amourrt of this bosd, such costs aod reasanable experses and fees, including reasonable attorney's fees, incuffed in suecrssfully enforcing this *bligatir:n. as may be awalded and fixed by a ccurt of competenn jurisdiction in any judgsment entered.
It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of all personc, companies, and corporations entitled to file claims pursuant to Section 3082 et ssc. *f the California Civil Code.
This bond shall be and remain in fall frrce and effect nntil all terms and conditions *f the Agreement are fully met antl perforned by the Principal, his or its heir:, executrlrs, administrators, succe€sors or assigns, to the satis&ction of the City trf Fontala. Upon fulfiIlment af the oblig*icns set frrrth in the Agreement as specified above, this *biigation bond shall be+ome nrdl and void.
The surety hereby stipulaes and egrees tbat no change" extension of time, alteration to the terms of the Agreement or the specifications accompanyiag it shall in any rnanner affect its abligation an this brnd and $ur*ty hereby waives notice of any suck change, altoration or addition"
Revired -RG *lOBt/16
IN WITNES$ WHEREOF, tbree {3} identical counterlmrts of ihis instrument, eac.h of which shall for all purpoees be dee'rnd an origioal have been duly executed bythe Principal and Surety, as evidenced by the signatures oftheir duly autborized representalives whose signatures appearbelow,cnthis ?fr dayof December ,?04-
PRINCIPAL LSfonbna LLC
TroN AND SEAL)
SURET!' Philadelphia lrdemnity lnsurance Cunpany
{NOTARIZATION AND
NOTE: Plase Attached Notary
Acknowledgement and
Power of Attoruey
Revtsed -RG-10/31J16
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 truthfulnessr accuracy, or
validitv of that document.
State of California
County of Orange )
on December 13,202t before me, Terri L. Piligian, Notary Public (insert name and title of the officer)
personally appeared Shannon Whittaker
who proved to me on the basis of satisfactory evidence to be the subscribed to the within instrument and acknowledged to me that the same in niVt@neir authorized capacity(l9e), and that by his@their signature(g/on the instrument the pefson($, or the entity upon behalf of which the personf5) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and officialseal
Signature (Seal)
ALL. PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Oranqe
)
)
On DEC O7 ?O?I
personally appeared
before r", Gina L. Garner, Notary Public ,
Martha Barreras
who proved to me on the basis of satisfactory evidence to be the person{S} whose nameS) is4CIx* subscribed to the within instrument and acknowledged to me that he/she/ffi executed the same in his/her/the{r authorized capaci$(iier[ and that by iqis/her1fimix signaturepf on the instrument the person{d, or the entity upon behalf of which the person$| acted, executed the instrument.
I certiff under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct,
WITNESS my hand and officialseal.
otary
@.
GINA L, GARNER
Notary Publlc' Callfotnia
0rance County
Commission # 7161777
Comm, ExPires Jun 18, 2025
(Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Ti[e or descdption ofattached document)
(li0e a descdption ol aftached document onlinued)
Number of Pages
-
Document l'\ala
201 5 Version w.vw. NotaryClasses.com 800-873-S865
INSTRUCTIONS FOR COMPLETING TMS FORM
This form complies vilh cunznt Califotrlia staltiles regarding notorl'vording and, ifneeded, should be completed and attached to the docmtent. Acknolvedgents front other states nwy be coupletedfor documents being sen( to lhal slate so long as the vording does not reqilre the Califurnio nota,y to violale California nola,y lav'' . Statc Bnd County information must be thc Slate and County where the document signe(s) personally appeared before the notary public for acknorvledgmort. r Date of notarization rnust be the date thet the signer(s) pelsonally appared which must atso be the sarne date the acknowledgrnent is completed' . Th€ notsry public must print his or her narne as it appears within his or her commissioa followed by a cornma and then your title {notary public)' r Prinr fie narne(s) of document signer(s) who personally appear at the time of notarization.
. Indicate lhe correct singular or plural fonns by crossing off inconect forms (i.e. he/she/they; is /e*e ) or circling the conect forms. Failure to corectly indicate tlris infonnation may lead to rejection ofdocument recording. . 'lte notary seat irnpression must be clear and photographically reproducible. hnpression rnust not cover text or lines' If seal impression srnudges, re'seal if a sufficiort area pennits, othcrwise complete a different acknowledgrnent fonn. . Signature of the notary pubtic must match the signaturc on file with thc office of the county clerk.
A Additional infonnation is not required but could help to ensure this acknowledgrnent is not misused or attached to a different document. * Indicate title or type ofauached docurncnt, numhrofpages anddate, * tndicatc the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicstc rhe titlc (i.e' CEO, CFO, Secretary). o Securely attach lhis document to lhe signed docunent with a staple.
CAPACITY CLAIMED BY THE SIGNER
tr lndividual(s)
tr Corporate Officer
(Title)
n
EI
tr
tr
Partner(s)
Attorney-in-Fact
Trustee(s)
Other
PH' LAAEL PHIA IN SE$IN ITY INSURANCE COMPANY
One EalaFia:a. Suire 100
Bala Clnwyd" FA ! 900+0t5$
Pcwer of Attorne:r
KN*W ALL PERSCT.IS EY fH ESE FRESENIS: Ttrat PHILADELPHIA INbEfHNtTY INSURANCE COI?IP.{l{y {*re fompany}, a o*rporatisn organired and eri*ing under the laws cf the C*mmonwealth of Fennsylvania, Coeshrre'ay consiturc and appoint iANtNA MONROE, THO${.{S {3, MCCALL, TIMOTHY l.
NOONAh[ M'CHEj.LEH^ASE AND Ii,tARIHA AARFEFAS OF LOfETcJN COMP.{NIES. LrC irsrrue and iawful Aromeyin-f:r+ rvirh fu}} aurhoriry to exerore sn irsbehalfborids, undenakings, reccgni=ances and otier c.cntracts *f indemnity and writings obligarory in the nature thereatl issred in rhe cturse ofitsbusiness and tq bind fie Company there$, in aF am$uilt not !o exceed S!!g!!Q!$ T"nis P*wer af Anomey is granted anrJ is signed ud sealed by facsimile under ad by the authority cf the falluwing Res*ludon adopted by tht Eqsrd cf iirecrols of FHILADELPHIA INDEMNIf Y tNSLrRAl.lCE COMPANY on the I 4n af NtrvtmbEr, !016.
RESOLYET}: Ihat the Fcad of Directars h ereby authtrizes the Presidenr Gr sny Yice President of th e Ccnrpany: ( I i Appoint Atrnrney{s) in FEs and autlsrize rhe Atrorneyis} in Faff to exeuute on behalf of the Company bonds and undertakings, cstraem al indemnir.v and orher wridngsrbligatory in rhenaturethereofandto arach the seal nfthe Ccmpany ihertl+; snd {l}tcramove,aranydmr,anysrchAttorney-in-Faoandrevoketheau*roritygiven. And be it
FLIRTHER
RE$OLYED: T?rarthe signxur-es of s.rch oftlcers and the seal cf the Company may be affixed to eny suuh Power af Anorney cr cefiifi cafe reiating :hereto by facsimi l+ and any such 9trver ol Aitome.1r sc exezuted and canifiedtry farsimile signatures and facsir*ile seal drallbe valid and birding upolr thc CsmFany in thr futur-e *ith respect to any bond lr undenaking to whic* it ls anacired,
IN TESTIMONY WHEREOF. PH'LADELPHJA INDEMNJTY INSURANCE CSI\.IPANY HAS CAUSED THJS iNSIi{IJMENT TS EE SIGNED AND IT3 CORPORATESEALTO BE AFFIXED EY TT5 AUTHOR.IZED OFFICE T$JN siH DAV; DF MARCTI. ?O:1, ,r)-:l
1 l.i': '
#"11J$llt?
Phi ladelphia I ndem*ity l*srrance Compaty
{Seal}
On tiris 5& day ol March, 20? I befcre me came the indivirlual wha exe*ured the preceding instrument, to me personally kn*wn. and bsing by me duly slvtrn said that he is rhe therein desa'ibed and authorized officer of the PHIL{DELPHIA INOEMFIITY INSUR4NCE CGMPANY; lhat the seal affined rc said instrument is the Corporate seal oisaid *ompany; thatrhs said Cnrporate Seal and his signature were duly affixed, Notary tubli+: ';/ii-r.r,.r+ e-i !)-rc1lj-:..^ - 1 1.r, lesi ding at:
My anrrrnission expires
Bala d!'nwyd. FA
Nocember ],2t]4
I, Edward Sayag+ Ccrpora* Secretary cf FIIILAI ELPFI|A IND EII{NIIY I NS URANCE C*MFANY. d* hereby cenift rhsr rhe t'oreguing resoluticn of dre Esard +f Birecturs and rhr F+wer af Artorney issed pursuant therero on the 5& day Ma.ch. 20?1 are tnre and conect and are still in fu ll fqrce and effect I dc fu rrh er oeni{y th at John Glornb, wha eaeeuted the Foxer of Attomey as President, was on rhe dare rl execurion of the anached Foxer ef Ansmey the duly elected President sl PHJLADELPH J.4 INDEMNITY I NS UR,qNCE CSMPANY,
Jn le*inno*y rffhereof J hare .*rt xribed rny narne and affi.'red t*e farsi.'ni le sesl c,f eadr tr.mFany rhis 7lh ,"U Decemtler xw.1 I t'!'.\ j Edward Sayago. Corporae Secrdary
PH ILAOELPHIA INDEMNITY INSURANCE COMPANY
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