SUBDIVISION IMPROVEMENT AGREEMENT
Tract Map No.: 20511
THIS AGREEMENT is between the City of Fontana, a municipal corporation, County of San Bernardino, State of California ("City') and D.R. Horton Los Angeles Holding Company, Inc. ("Subdivider"):
WHEREAS, the application for tentative Tract Map No. 20511 was conditionally approved on Substantal Contrance 712912022 _; and WHEREAS, Subdivider is the owner of that certain parcel of land defined by the Final Map and Subdivider proposes to do and perform certain work of improvement thereon as set forth in this agreement; and
WHEREAS, City desires to assure that the proposed improvements will be done in a good workmanlike manner and in accordance with the laws and standards now in force and effect in the City, the terms and conditions of which are incorporated herein by reference; and WHEREAS, Subdivider declares acknowledgement the pertinent regulations contained in the City Code and in the Subdivision Map Act (Government Code Sections 66410 to 66500) and agrees to comply therewith; and
WHEREAS, a Final Map of the subdivision, prepared in accordance with the City's Subdivision Ordinance, has been filed by Subdivider with City for approval by the City Council; NOW THEREFORE, in consideration of the approval and acceptance of the Final Map by the City Council and the acceptance of easements therein offered for dedication for street, utility, and other public purposes and the covenants herein contained, the parties hereto mutually covenant and agree as follows:
General requirements:
Subdivider shall, at its own cost and expense, provide all required tests, Ale mined hundred severis nine usand treed se for see and tot dolars. 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:
a. To ensure a faithful performance of this agreement in regard to the improvements in the amount of 100% of the estimated cost of construction of the improvements; and
b. To secure payment to any contractor, sub-contractor, persons renting equipment or furnishing labor or materials for the improvements required to be constructed or installed pursuant to 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 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 nay 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 work, it may require Subdivider, or his surety, to pay the City in advance, sufficient monies to cover the City's cost in completing construction of the improvements.
Any limitations period provided by law related to breach of this Agreement or the terms thereof shall not commence running until Subdivider, or Subdivider's surety pursuant to Section 2 of this Agreement, has provided the City Engineer with written notice of Subdivider's intent to abandon or otherwise not complete the improvements.
4. Effective Date of Agreement:
This Agreement shall not become effective unless and until the Subdivision Map has been approved by the City Council of the City of Fontana and also accepted Revised - RP-09/22/2022
the Final Map for recordation by the County Recorder of the County of San Bernardino.
5. 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.
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 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
9. Superintendence by Subdivider:
Subdivider shall personally supervise all work involved in the improvements, or shall designate a competent foreman or superintendent, satisfactory to the City Engineer, to supervise the work at all times during progress, with authority to act for Subdivider. In the event satisfactory superintendence is not being exercised by the Subdivider, the City Engineer may order suspension of all work within the subdivision until the deficiency is adequately corrected.
10. Repair and Replacements:
Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, or pay to the owner the entire cost of replacement or repairs, for all survey monuments or for any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or by the City or by any public or private corporation, or by any person whomsoever or by combination of such owners. Any such repair or replacement shall be completed in a reasonable manner and subject to the approval of the City Engineer and affected property owner.
11. Inspection by City:
Subdivider shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work and to the shops where the work is in preparation. The cost of inspections shall be paid by the Subdivider.
12. Approval by City Engineer.
All required improvements shall be constructed under the inspection of and subject to approval of the City Engineer. Therefore, it is mutually agreed by the parties hereto that the City Engineer shall have the right to reject any or all of the work to be performed under this contract if such work does not conform to the plans and specifications set forth herein or the City's Codes and standards. Any damage to the improvements (existing or new) that occurs during the course of work performed under this Agreement shall be repaired or replaced, by the Subdivider, to the satisfaction of the City Engineer before the final acceptance of completed work and release of security.
13. Liability for Performance Injury or Damage:
Neither the City nor any of its officers or agents shall be liable to Subdivider or its 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 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 improvement work performed under this Agreement, any of the improvements for vork done under this Agreement fails to fulfill any of the requirements of this Agreement, or the specifications referred to herein, Subdivider shall without delay and without any cost to the City (upon receipt of written notice from the City) repair or replace or reconstruct any defective of otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, or should the exigencies of the case require repairs or replacements to be made before Subdivider can be notified, City may, at its own option, make the necessary repairs or replacements or perform the necessary work and offset that amount against any security pledged by Subdivider for faithful performance, labor and materials, or warranty obligations under this agreement.
18. Warranty:
Without limiting the foregoing, Subdivider warrants and guarantees: materials used and workmanship performed on said work for a period of one (1) year after completion and acceptance thereof by the City, and the setting of all requires Final Man 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 thereof, having been duly executed by the Subdivider herein named on the _ _day of _ 2024_ being duly signed by its undersigned representative(s) pursuant to authortty of its governing body.
SUBDIVIDER CITY OF FONTANA
By Vicks Allian
By:
City Manager
Vicki Gullion
Name
Assistant Secratary Print Name
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
CITY OF FONTANA
ENGINEERING STAFF USE ONLY
• PRELIMINARILY APPROVED RECORD NO.: ELPC22-000018
• CONSTRUCTION APPROVED
V FINAL APPROVED CITY OF FONTANA
• CORRECTIONS DEPARTMENT OF ENGINEERING
• FOR INFORMATION ONLY COST ESTIMATE - EXHIBIT "A"
BY CM REV. No FINAL DATE 7/15/2024
DATE 07/15/2024 PROJECT NAME SOBRATO
DEVELOPER D.R. HORTON TRACT / PARCEL MAP NO. 20511
ENGINEER KIMLEY-HORN ADDRESS APN: 1108-052-02 THRU 1108-052-17 PHONE NO. (951) 733-8867
STREET IMPROVEMENTS
ITEM QUANTITY UNIT UNIT COST AMOUNT
6" CURB & GUTTER L.F. 17.00 $
8" CURB & GUTTER 2.262 L.F. $ 19.00 $ 42,978.00
8" THICK CROSS GUTTER 1,350 S.F. $ 11.00 14,850.00
4" SIDEWALK 11,800 S.F. $ 7.00 82,600.00
ACCESS RAMP 4 EA $ 5,000.00 $ 20,000.00
DRIVE WAY APPROACHES S.F. $ 11.00
ASPHALT CONCRETE DIKES L.F. 11.00
FOG SEAL S.F. $ 0.10
IMPORTED EMBANKMENT C.Y $ 10.00
PREPARATION OF SUBGRADE S.F. $ 0.50
* A.C. 1,462 TON $ 150.00 $ 219,300.00
* A.C. OVERLAY (2" THICKNESS)
PER CITY STANDARD 355 TON 150.00 $ 53,250.00
* 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 23,715 S.F. 0.66 15,651.90
** REMOVAL OF P.C.C. CURB 96 L.F. $ 6.00 $ 576.00
* 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 FT. L.F. $ 50.00 $
AGGREGATE BASE TON $ 30.00 $
GUARD POSTS EA $ 70.00 $
GUARD PANEL (WOOD) L.F. $ 40.00 $
SAWCUT L.F. A EA 3.50 $
REFLECTORS AND POSTS EA 100.00 $
STREET SIGNS EA 250.00
4" ROLLED CURB 44 L.F. 18.00 792.00
TURF BLOCK 240 S.F. 10.00 2,400.00
8" THICK CONCRETE SIDEWALK 240 S.F. 11.00 2,640.00
EA
EA $
STREET IMPROVEMENT SUBTOTAL $ 455,037.90
* A.C. ASPHALTIC CONCRETE
** P.C.C. PORTLAND CONCRETE CEMENT
Rev. 2/5/24 NO/RG Page 5 of 8
STORM DRAIN IMPROVEMENTS
ITEM QUANTITY UNIT UNIT COST AMOUNT
* 18" RCP L.F. $ 90.00 $
* 24" RCP 21 L.F. $ 110.00 $ 2,310.00
* 30" RCP L.F. $ 250.00 $
* 36" RCP L.F. $ 250.00 $
* 42" RCP L.F. $ 250.00 $
* 48" RCP L.F. S 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 $
36" WIDE PARKWAY DRAIN 2 EA LA LALA LA LA 1,500 $ 3,000 EA $
EA $
EA
STORM DRAIN IMPROVEMENT SUBTOTAL $ 5,310.00
* REINFORCED CONCRETE PIPE
* CORRUGATED METAL PIPE
SANITARY SEWER IMPROVEMENTS
ITEM QUANTITY UNIT UNIT COST AMOUNT
MANHOLES 60" DIAMETER 3 EA $ 4,500.00 $ 13,500.00
MANHOLES 48" DIAMETER 8 EA $ 4,000.00 $ 32,000.00
DROP MAN HOLES 8 EA $ 4,500.00 $ 36,000.00
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 $
190 13,300.00
** 10" VCP L.F $ 80.00 $
** 12" VCP 2,441 L.F. $ 90.00 $ 219,690.00
** 15" VCP L.F. 100.00 $
12" STOP PLUG 3 EA 50 $ 150.00
L.F. $
L.F $
L.F. $
SANITARY SEWER IMPROVEMENT SUBTOTAL $ 314.640.00
** VITRIFIED CLAY PIPE
TRAFFIC SIGNALS/SIGN/STRIPING
ITEM QUANTITY UNIT UNIT COST AMOUNT
TRAFFIC SIGNAL MODIFICATION:
ONE CORNER $ 75,000.00 $
TWO CORNERS L.S. $ 100,000.00
-
TRAFFIC SIGNAL NEW L.S. $ 400,000.00 $
PAINT TRAFFIC STRIPE (1 COAT) 2,275 L.F. $ 2.40 5,460.00 PAINT TRAFFIC STRIPE (2 COATS) L.F. 0.65
VA GA
PEDESTRIAN CROSSWALK STRIPING L.F. 0.65
PAVEMENT MARKER (NON REFLECTIVE) EA 2.50
PAVEMENT MARKER (REFLECTIVE) 11 EA 4.00 44.00
REFLECTORS AND POSTS 4 EA 100.00 400.00
STREET SIGNS 2 EA 250.00 500.00
EA Its EA 0|60|61/61/60/60
EA
EA
EA
TRAFFIC SIGNAL/SIGNS/STRIPING SUBTOTAL $ 6,404.00
C.F.D. LANDSCAPE IMPROVEMENTS (BONDING PURPOSES ONLY)
ITEM QUANTITY UNIT COST AMOUNT
AREA LANDSCAPED S.F. $ 12.00
CENTER MEDIAN S.F. $ 12.00 $
LANDSCAPING IMPROVEMENTS SUBTOTAL $
SUBTOTALS:
STREET IMPROVEMENTS SUBTOTAL ......... $ 455,037.90
STORM DRAIN IMPROVEMENTS SUBTOTAL .... $ 5,310.00
SANITARY SEWER IMPROVEMENTS SUBTOTAL $ 361,836.00 (SCUBEN 314,640.00+47,196.(
TRAFFIC SIGNAL/SIGNS/STRIPING SUBTOTAL .. $ 6,404.00
IMF IMPROVEMENT SUBTOTAL $ 828,587.90
* USE THIS TOTAL FOR PLAN CHECK & PERMITTING PURPOSES*
C.F.D. LANDSCAPE IMPROVEMENTS.......... • $
STREET LIGHTS_ 9 @ $5,000.00... $ 45,000.00
CUCAMONGA COUNTY WATER DISTRICT FACILITIES
IMPROVEMENT SUBTOTAL $ 873,587.90
ADD 35% $ 305,755.76
BONDING TOTAL $ 1,179,343.67
Rev. 2/5/24 NQ/RG Page 7 of 8
APPROVED PUBLIC IMPROVEMENT PLANS:
STREET IMPROVEMENT DRAWING NO. DRAWING 6291
STREET LIGHT DRAWING NO. DRAWING 6291L7
SEWER IMPROVEMENT DRAWING NO. DRAWING 6292
STORM DRAIN IMPROVEMENT DRAWING NO._DRAWING 3035
TRAFFIC SIGNAL DRAWING NO. _
SIGNING & STRIPING DRAWING NO. _DRAWING 6291
INTERCONNECT DRAWING NO. _
C.F.D. LANDSCAPE DRAWING NO.
CITY OF FONTANA
ENGINEERING
• PRELIMINARILY APPROVED
• CONSTRUCTION APPROVED
V FINAL APPROVED
• CORRECTIONS
• FOR INFORMATION ONLY
BY CM REV. No FINAL DATE 7/15/2024
Rev. 2/5/24 NO/RG Page 8 of 8
Bond No. 800172334
Premium $ 2,359.00
SECURITY BOND FOR FAITHFUL PERFORMANCE OF
SUBDIVISION AGREEMENT
Tract Map No.: 20511
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 reference, in which Principal has agreed to construct, install and complete certain designated public improvements; and commencing elsa god and serient pe ner mend principe is du Fon to a 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 one Milion One Hundred Seventy Nine Thousand Three Hundred Forty Three and 67/100 Dollars ($1,179,343.67 ). to assure faithful performance of all terms and conditions of the Agreement.
This bond shall be and remain in full force and effect, and shall indemnify and hold harmless the City of Fontana, its officers, agents and employees until all terms, covenants, provisions and conditions of the Agreement, and any agreed upon alterations or additions thereto, are fully and well met and performed by the Principal, his or its heirs, executors, administrators, successors or assigns, to the satisfaction of the City of Fontana in the time and manner specified in the Agreement. Upon fulfillment of the obligations set forth in the Agreement as specified above, this obligation bond shall become null and void.
As part of the obligation secured hereby, Principal shall pay, in addition to the face amount of this bond, all costs and reasonable expenses and fees including reasonable attorney's fees, incurred by the City of Fontana in successfully enforcing such obligation, as may be awarded by a 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 - RP -09/22/2022
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 24th day of July ,20_24
PRINCIPAL
D.R. Horton Los Angeles Holding Company, Inc.
Vike Sallen
Vicki Gullion, Assistant Secretary
(NOTARIZATION AND SEAL)
SURETY
Allanic specialty insurance going That wath *CIALTY
W: CORPORATE
SEAL
Noah William Pierce, Atteruey-In98ct
(NOTARIZATION AND SAL) a
NOTE: Please Attach Notary
Acknowledgement and
Power of Attorney.
Revised - RP -09/22/2022
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA } ss:
COUNTY OF RIVERSIDE
a Notary Public, personally appeared _ Vicki Guillion who proved to me on the basis of satisfactory evidence to be the person(s)whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacityies) and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. NATALIE SORIA
Notary Public - California
Riverside County
Commission #2463061
signature natalie fina My Comm. Expires Sep 12, 2027
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 24t day of_ July - 2024.
Notary Seal
Notary Public
My commission expires on the 4th day of April, 2027.
intact
INSURANCE Power of Attorney
KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Amy R. Waugh, Bryan M Caneschi, Catherine Thompson, Jynell Marie Whitehead, Noah William Pierce, Rebecca E Cano, each individually if there be more than one named, its true and lawful Attorney-in-Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal.
This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the President, any Senior Vice President or Vice-President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney-in-Fact and revoke all power and authority given to any such Attorney-in- Resolved: That the Attorney-in-Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney-in-Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof.
This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney-in-Fact for purposes only of executing and sealing any bond, ndertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Compar the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as thoug manually affixed.
IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this first day of January, 2023.
By
STATE OF MINNESOTA NEW YORK Sarah A. Kolar, Vice President and General Counsel
HENNEPIN COUNTY
On this first day of January, 2023, before me personally came Sarah A. Kolar, Vice President and General Counsel of ATLANTIC SPECIALTY INSURANCE COMPANY, tO ALISON DWAN NASH-TROUT fantashat
) NOTARY PUBLIC - MINNESOTA
My Commission Expires
January 31, 2025 Notary Public
fore and as nod en revoked, and there sions set Trying ve are Co MAY, a New York Corporation, do hereby certify that the foregoing power of atomy is in tull Signed and sealed. Dated_ 24th day of _July
Kant Baum
This Pouran 31, 2ey expires
Kara L.B. Barrow, Secretary
Please direct bond verifications to [email protected] Bond No. 800172334
remium $ Premium Included o
Performance Bon
SECURITY BOND FOR LABOR AND MATERIALS OF
SUBDIVISION AGREEMENT
Tract Map No.: _ 20511
WHEREAS, the City Council of the City of Fontana, State of California, and .R. Horton Los Angeles Holding Company, Inc. ("Principal") have entered into an agreement dater the "Agreement) which is incorporated herein by reference, in which Principal has agreed t construct, install and completed certain designated public improvements; and WHEREAS, under the terms of the Agreement, Principal is required to file before commencing work a good and sufficient payment bond with the City of Fontana to secure the claims allowed in California Civil Code Sections 3082 et 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 • One Million One Hundred Seventy Nine Thousan
eferenced sections of the Code of Civil Procedure in the sum of Three Hundred Forty Three and 67/100 Dollar:
($1,179,343.67 _ materials furnished or labor performed of any kind under the Agreement, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the sum in an amount not exceeding this amount herein set forth above, and in the event legal action is brought upon this bond, the surety will pay, in addition to the face amount of this bond, such costs and reasonable expenses and fees, including reasonable attorney's fees, incurred in successfully enforcing this obligation, as may be awarded and fixed by a court of competent jurisdiction in any judgement entered.
It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of all persons, companies, and corporations entitled to file claims pursuant to Section 3082 et sec. of the California Civil Code.
This bond shall be and remain in full force and effect until all terms and conditions of the become null and void.
The surety hereby stipulates and agrees that no change, extension of time, alteration to the terms of the Agreement or the specifications accompanying it shall in any manner affect its obligation on this bond and surety hereby waives notice of any such change, alteration or addition.
Revised - RP -09/22/2022
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA } ss:
COUNTY OF RIVERSIDE
On July 25, 2024 _ before me, Natalie Soria
a Notary Public, personally appeared Vicki Guillion 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 ais/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. NATALIE SORIA
Notary Public - California
Riverside County
Commission # 2463061
signature nAtaliedona my Comm. Expires Sep 12, 2027
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 24M day of July 2024
Notary Seal
Notary Public
My commission expires on the 4th day of April, 2027.
intact
INSURANCE Power of Attorney
KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Amy R. Waugh, Bryan M Caneschi, Catherine Thompson, Jynell Marie Whitehead, Noah William Pierce, Rebecca E Cano, each individually if there be more than one named, its true and lawful Attorney-in-Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal.
This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the President, any Senior Vice President or Vice-President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney-in-Fact and revoke all power and authority given to any such Attorney-in- Resolved: That the Attorney-in-Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney-in-Fact is hereby authorized to verify any affidavit This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney-in-Fact for purposes only of executing and sealing any bond, indertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Compan s the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as thoug manually affixed.
IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this first day of January, 2023.
CORPORATE
SEAL
1986 By
STATE OF MINNESOTA NEW YORK Sarah A. Kolar, Vice President and General Counsel
HENNEPIN COUNTY
On this first day of January, 2023, before me personally came Sarah A. Kolar, Vice President and General Counsel of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and she acknowledged the execution of the same, and being by me duly sworn, that she is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and th ignature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company ALISON DWAN NASH-TROUT Him inheat
NOTARY PUBLIC - MINNESOTA
My Commission Expires
January 31, 2025 Notary Public
fore and ras nod, secreaked, and the reso stons set Try sure are interey, a New York Corporation, do hereby certify that the foregoing power of atore is in full Signed and sealed. Dated_ 24th day of July
This Panary 31, 0y expires
Kara L.B. Barrow, Secretary
Please direct bond verifications to [email protected] Bond No. 800172333
Premium $ 472.00
SUBDIVISION WARRANTY OBLIGATION BOND
Tract Map No.: 20511
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 Two Hundred Thirty Five Thousand Eight Hundred Sixty Eight and 73/100 Dollars ($ 235,868.73) 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 ime periods required under the Agreement following performance of all terms, covenants provisions and conditions of the Agreement, and any agreed upon alterations or additions theret 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 - RP -09/22/2022
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 24th day of July _ 2024
PRINCIPAL
D.R. Horton Los Angeles Holding Company, Inc.
elen
Vicki Gullion, Assistant Secretary
(NOTARIZATION AND SEAL)
SURETY
Atlantic Specialty Insurance Company
Nah With
NOI ARIZATION ANDEY WEREN
(NOTARIZATION AND SALSEAL
1986
NEW YORK
NOTE: Please Attached Notary
Acknowledgement and
Power of Attorney
Revised - RP -09/22/2022
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
} ss:
COUNTY OF RIVERSIDE
On July 25, 2024 _ before me,_ Natalie Soria
a Notary Public, personally appeared Vicki Guillion who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/theit signature(son the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. NATALIE SORIA
Notary Public - California
Riverside County
Commission # 2463061
signature Matatie dona My Comm. Expires Sep 12, 2027
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 fut _day of_July _ 2024.
Notary Seal
Notary Public
My commission expires on the 4th day of April, 2027.
intact
INSURANCE Power of Attorney
KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Amy R. Waugh, Bryan M Caneschi, Catherine Thompson, Jynell Marie Whitehead, Noah William Pierce, Rebecca E Cano, each individually if there be more than one named, its true and lawful Attorney-in-Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal.
This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the President, any Senior Vice President or Vice-President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney-in-Fact and revoke all power and authority given to any such Attorney-in- Fact.
Resolved: That the Attorney-in-Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney-in-Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof.
This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney-in-Fact for purposes only of executing and sealing any bond ndertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Compa the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as thous manually affixed.
IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this first day of January, 2023.
ECIALTY INSURAN
CORPORATE
SEAL
1986 By
STATE OF MINNESOTA NEw yoRt
Sarah A. Kolar, Vice President and General Counsel
HENNEPIN COUNTY
On this first day of January, 2023, before me personally came Sarah A. Kolar, Vice President and General Counsel of ATLANTIC SPECIALTY INSURANCE COMPANY, to
ALISON DWAN NASH-TROUT
NOTARY PUBLIC - MINNESOTA
My Commission Expires
January 31, 2025 Notary Public
fore and as and serenaked, and there stone set try ove are now in orely, a New York Corporation, do hereby ety that the foregoing pover of atomy is in full Signed and sealed. Dated_ 24th day of_July
KaraBaw
This Power of Attorney expires
January 31, 2025 Kara L.B. Barrow, Secretary
Please direct bond verifications to [email protected]