SUBDIVISION IMPROVEMENT AGREEMENT
Tract Map No.: 20580
THIS AGREEMENT is between the City of Fontana, a municipal corporation, County of San Bernardino, State of California ("City'") and Glen at Fontana, LLC ("Subdivider"):
WHEREAS, the application for tentative Tract Map No. 20580 was conditionally approved on September 5, 2023 _; 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
Subdivision Ordinance, has been filed by sudivider prepared an acordance eith the ail NOW THEREFORE, in consideration of the approval and acceptance of the Final Map by the City Council and the acceptance of casements therein offered for dedication for street, utility, and other public purposes and the covenants herein contained, the parties hereto mutually covenant and agree as follows:
1. General requirements:
Subdivider shall, at its own cost and expense, provide all required tests, design work, equipment, materials and labor in order to complete all of the improvements as associated with the requirements per the approved project or to the satisfaction of the City Engineer of the City of Fontana.
All required improvements have an estimated cost of construction totaling Eighty-Seven Thousand Two Hundred Sixty-Nine & 97/100
($87,269.97 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 no limited in any way by the estimated cost of construction, and th obligation of Subdivider's surety in connection with the securities required pursuant to the provisions of section (2), below.
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
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".
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 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.
Effective Date of Agreement:
This Agreement shall not become effective unless and until the Subdivision Map has been approved by the City Council of the City of Fontana and also accepted Revised - RP -09/22/2022
the Final Map for recordation by the County Recorder of the County of San Bernardino.
Utility Deposits - Statements:
Prior to the commencement of any work to be performed within the area delineated on the Final Map, the Subdivider must file a written statement with the City Clerk and the City Engineer, signed by the Subdivider, and each public utility involved, to the effect that Subdivider has made all deposits legally required by such public utility for the connection/extension of any and all public serving utilities to be provided to or within the subdivision.
Permits - Compliance with Law:
Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses, pay all charges, fees and taxes, and give all necessary and incidental notices to the due and lawful prosecution of the work.
Definition and Ownership of Improvements:
The term "improvements" means: grading, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities as shown in detail upon plans, profiles and specifications which have been prepared or are now in final preparation by engineers acting for Subdivider subject to approval by the City Engineer of the City of Fontana. No work on the improvements shall be commenced until plans and/or profiles therefore have been submitted, approved and permitted by the City Engineer. All required public improvements constructed or installed pursuant to this Agreement shall become the sole exclusive property of the City, without payment therefore, upon acceptance of the improvements by the City Council.
Obligations of Subdivider:
they are adequate to accomplish the work in a good workmanlike manner and in accordance with responsible construction practices.
Revised - RP -09/22/2022
Superintendence by Subdivider:
Subdivider shall personally supervise all work involved in the improvements, or shall designate a competent foreman or superintendent, satisfactory to the City Engineer, to supervise the work at all times during progress, with authority to act for Subdivider. In the event satisfactory superintendence is not being exercised by the Subdivider, the City Engineer may order suspension of all work within the subdivision until the deficiency is adequately corrected.
10. Repair and Replacements:
Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, or pay to the owner the entire cost of replacement or repairs, for all survey monuments or for any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or by the City or by any public or private corporation, or by any person whomsoever or by combination of such owners. Any such repair or replacement shall be completed in a reasonable manner and subject to the approval of the City Engineer and affected property owner.
11. Inspection by City:
Subdivider shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work and to the shops where the work is in preparation. The cost of inspections shall be paid by the Subdivider.
12. Approval by City Engineer.
All required improvements shall be constructed under the inspection of and subject to approval of the City Engineer. Therefore, it is mutually agreed by the parties hereto that the City Engineer shall have the right to reject any or all of the work to be performed under this contract if such work does not conform to the plans and specifications set forth herein or the City's Codes and standards. Any damage to the improvements (existing or new) that occurs during the course of work performed under this Agreement shall be repaired or replaced, by the Subdivider, to the satisfaction of the City Engineer before the final acceptance of completed work and release of security.
13. Liability for Performance Injury or Damage:
Neither the City nor any of its officers or agents shall be liable to Subdivider or its contractors for any error or omission arising out of or in connection with any work to be performed under this contract. Additionally, the City shall not be liable to the Subdivider or to any other person, firm, or corporation whatsoever, for any injury or damage that may result to any person or property by or from any Revised - RP -09/22/2022
cause whatsoever in, on, or about the subdivision of said land covered by this Agreement, or any part thereof.
14. Indemnification and Release:
Prior to the commencement of any work pursuant to this contract, Subdivider's contractors shall furnish to City satisfactory evidence of an insurance policy written upon a form and by a company (which meets with the approval of City) insuring City, its officers, agents, and employees against loss or liability which may arise during the work or which may result from any of the work herein required to be done, including all costs of defending and claim arising as a result thereof. Minimum liability and property damage insurance shall not be less than $250,000 for all damages arising out of bodily injury to a death of one person and not less than $1,000,000 for all damages arising out of bodily injuries to or death of more than one person in any occurrence; and not less than $250,000 for all damages and/or destruction of property in any one occurrence and not less than $500,000 for all damages and/or destruction of property during the policy period Such policy shall be in favor of Subdivider or its contractors and of the City, its officers, agents, and employees and shall be maintained in full force and effect during the life of this contract. The policy shall state by its terms and by an endorsement that it shall not be cancelled until City shall have had at least ninety (90) days' notice in writing of such cancellation.
The Subdivider hereby releases and agrees to indemnify and save the City harmless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage and liability, howsoever the same may be caused and whensoever the same may appear, resulting directly or indirectly from the performance or non-performance of any of or all work to be done in and upon premises adjacent thereto pursuant to this Agreement, and also from any and all injuries to and deaths of persons and injuries to property or other interests and all claims, demands, costs, loss, damage, and liability, howsoever same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the Subdivider, the Subdivider's agents, employees, and sub-contractors, while engaged in the performance if the work.
15. Liability of Subdivider:
The Subdivider agrees that the use for any purpose and by any person of any and all of the streets, easements and improvements herein specified shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the City of the completed street and other improvements thereon and therein; provided that acceptance by the City shall in no way eliminate or lessen any of Subdivider's obligations or undertakings contained in this Agreement. The issuance of any occupancy permits (if granted) by the City for buildings located within the subdivision shall not be construed in any manner to constitute an Revised - RP -09/22/2022
acceptance and approval of any or all of the required improvements in said subdivision.
16. Relationship of Contractors:
It is hereby mutually covenanted and agreed by the parties hereto that Subdivider's contractors are not agents of the City, if any, are those of independent contractors.
17. Repair or Reconstruction of Defective Work:
If, within a period of up to one year after City Council acceptance of the improvement work performed under this Agreement, any of the improvements for work done under this Agreement fails to fulfill any of the requirements of this Agreement, or the specifications referred to herein, Subdivider shall without delay and without any cost to the City (upon receipt of written notice from the City), repair or replace or reconstruct any detective of otherwise unsatistactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, or should the exigencies of the case require repairs or replacements to be made before Subdivider can be notified, City may, at its own option, make the necessary repairs or replacements or perform the necessary work and offset that amount against any security pledged by Subdivider for faithful performance, labor and materials, or warranty obligations under this agreement.
18. Warranty:
Without limiting the foregoing, Subdivider warrants and guarantees: materials used and workmanship performed on said work for a period of one (1) year after completion and acceptance thereof by the City, and the setting of all required Final Map monuments.
19. Assignment:
This agreement shall not be assignable by Subdivider without written consent of City.
Revised - RP -09/22/2022
IN WITNESS WHEREOF, this agreement shall for all purposes be deemed an original hereof, having been duly executed by the Subdivider herein named on the _ _day of being duly signed by its undersigned representative(s
pursuant to authority of its governing body.
SUBDIVIDER CITY OF FONTANA
By: < By:_
Mathe City Manager
Name
Print Name
principal
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.:ELPC23-00038
7 CONSTRUCTION APPROVED
• FINAL APPROVED CITY OF FONTANA
• CORRECTIONS DEPARTMENT OF ENGINEERING
• FOR INFORMATION ONLY
COST ESTIMATE - EXHIBIT "A"
BY C.M. REV. No 4TH REV DATE 3/25/2024
DATE 03/07/2024 PROJECT NAME RC Homes Inc.
DEVELOPER RC Homes Inc. TRACT / PARCEL MAP NO. 20580
ENGINEER John Luong, UCI ADDRESS 15912 Chase Road,Fontana, CA PHONE NO. 714-702-7006
STREET IMPROVEMENTS
ITEM QUANTITY UNIT UNIT COST AMOUNT
6" CURB & GUTTER 6 L.F. $ 17.00 $ 102.0
8" CURB & GUTTER 250 L.F. $ 19.00 $ 4,750
8" THICK CROSS GUTTER 423 S.F. $ 11.00 $ 4,653
4" SIDEWALK 862 S.F. $ 7.00 $ 6,034
ACCESS RAMP 1 EA $ 5,000.00 $ 5,000
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 2538 S.F. 0.50 1,269
* A.C. 49.5 TON $ 150.00 7,425
* A.C. OVERLAY (2" 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 $ 300.00 $
ADJUST WATER VALVES TO GRADE $ 250.00
BARRICADES $ 40.00
2 X 4 REDWOOD HEADER $ 5.00
* REMOVAL OF A.C. PAVEMENT 562 0.66 370.92
** REMOVAL OF P.C.C. CURB $ 6.00
* REMOVAL OF A.C. BERM $ 5.00 $
RETAINING WALL H=2 1/2 FT. OR LESS $ 40.00 $
BLOCK WALL H=6 FT. $ 50.00 $
AGGREGATE BASE 103 30.00 $ 3,090
GUARD POSTS EA 70.00 $
GUARD PANEL (WOOD) L.F. 40.00 $
SAWCUT 207 L.F. 3.50 $ 724.5
REFLECTORS AND POSTS 1 EA 100.00 100
STREET SIGNS EA $ 250.00 $
REMOVE EX. ROAD BARRIER 2 EA $ 1,500.00 3,000
EA
EA
EA
EA $
STREET IMPROVEMENT SUBTOTAL $ 36,518.42
* 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 32 L.F. $ 90.00 $ 2,880.00
* 24" RCP $ 110.00 $
* 30" RCP L.F. $ 250.00 $
* 36" RCP L.P $ 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.P. $ 320.00 $
CATCH BASIN/CURB INLET:
W=7 1 EA 4,000.00 $ 4,000
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 1 EA $ 3,200.00 $ 3,200
TRAFFIC TYPE JUNCTION STRUCTURE EA $ 2,800.00
DISCHARGE STRUCTURE EA $ 2,800.00
MANHOLES EA $ 2,500.00 $
LOCAL DEPRESSION 1 EA $ 1,250.00 $ 1,250
GRATE INLET STRUCTURE EA $ 2,100.00
EA $
EA $
69/ 6A 6A6
EA $
EA
STORM DRAIN IMPROVEMENT SUBTOTAL $ 11,330
* REINFORCED CONCRETE PIPE
* CORRUGATED METAL PIPE
SANITARY SEWER IMPROVEMENTS
ITEM QUANTITY UNIT UNIT COST AMOUNT
MANHOLES 60" DIAMETER EA $ 4,500.00 $
MANHOLES 48" DIAMETER 2 EA 4,000.00 $ 8,000
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 50 L.F. $ 70.00 $ 3,500
** 10" VCP L.F. $ 80.00 $
** 12" VCP L.F. $ 90.00 $
** 15" VCP L.F. 100.00 $
L.F. $
L.F. LAILA tA LA LA $
L.F. $
L.F. $
SANITARY SEWER IMPROVEMENT SUBTOTAL $ 11,500
** VITRIFIED CLAY PIPE
TRAFFIC SIGNALS/SIGN/STRIPING
ITEM QUANTITY UNIT 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. $ 0.65
PEDESTRIAN CROSSWALK STRIPING 40 L.F. $ 0.65 26.00
PAVEMENT MARKER (NON REFLECTIVE) EA 2.50
PAVEMENT MARKER (REFLECTIVE) EA 4.00
REFLECTORS AND POSTS EA 100.00
STREET SIGNS 1 EA $ 250.00 $ 250.00
-
"STOP" PAVEMENT MARKING EA $ 10.00 $ 10.00
-
12" WIDE "STOP" BAR 1 EA $ 10.00 $ 10.00
EA
- EA
$ $
TRAFFIC SIGNAL/SIGNS/STRIPING SUBTOTAL $ 296.00
C.F.D. LANDSCAPE IMPROVEMENTS (BONDING PURPOSES ONLY)
QUANTITY UNIT COST AMOUNT
AREA LANDSCAPED $ 12.00
CENTER MEDIAN = S.F. $ 12.00 $
LANDSCAPING IMPROVEMENTS SUBTOTAL $
SUBTOTALS:
STREET IMPROVEMENTS SUBTOTAL .......... $36,518.42
STORM DRAIN IMPROVEMENTS SUBTOTAL ... -$11,330
SANITARY SEWER IMPROVEMENTS SUBTOTAL $11,500
TRAFFIC SIGNAL/SIGNS/STRIPING SUBTOTAL .. $296.00
IMI IMPROVEMENT SUBTOTAL $ 59,644.42
* USE THIS TOTAL FOR PLAN CHECK & PERMITTING PURPOSES*
C.F.D. LANDSCAPE IMPROVEMENTS …........ $
STREET LIGHTS_ 1 @ $5,000.00... $ 5,000
CUCAMONGA COUNTY WATER DISTRICT FACILITIES $
IMPROVEMENT SUBTOTAL $ 64,644.42
ADD 35% $ 22,625.55
BONDING TOTAL. $ 87,269.97
Rev. 2/5/24 NQ/RG Page 7 of 8
APPROVED PUBLIC IMPROVEMENT PLANS:
STREET IMPROVEMENT DRAWING NO. 6395
STREET LIGHT DRAWING NO. 6395LT
SEWER IMPROVEMENT DRAWING NO. _ 6396
STORM DRAIN IMPROVEMENT DRAWING NO. 6395
TRAFFIC SIGNAL DRAWING NO. _
SIGNING & STRIPING DRAWING NO. 6410
INTERCONNECT DRAWING NO.
C.F.D. LANDSCAPE DRAWING NO.
CITY OF FONTANA
ENGINEERING
• PRELIMINARILY APPROVED
/ CONSTRUCTION APPROVED
• FINAL APPROVED
• CORRECTIONS
• FOR INFORMATION ONLY
BY CM REV. No 4TH REV DATE 3/25/2024
Rev. 2/5/24 NO/RG Page 8 of 8
Attachments: (1) Exhibit "A" - Cost Estimate
(2) Exhibit "B" - Time Extension
(3) Securities
Revised - RP -09/22/2022
Bond No. _CIC1948917
Premium $ 2,618.00
SECURITY BOND FOR FAITHFUL PERFORMANCE OF
SUBDIVISION AGREEMENT
Tract Map No.: 20580
WHEREAS, the City Council of the City of Fontana, State of California, and, _ ("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 WHEREAS, under the terms of the Agreement, Principal is required to file before commencing work a good and sufficient payment bond with the City of Fontana to secure faithful performance of the terms of the Agreement.
NOW, THEREFORE, Principal and the undersigned as corporate surety, are held and firmly bound unto the City of Fontana in the sum of Eighty-Seven Thousand Two Hundred Sixty-Nine & 97/100 ($87,269.97 ). 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.
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 18th day of_April PRINCIPAL Glen at Fontana, LLC
(NOTARIZATION AND SEAL)
SURETY Capitol Indemnity Corporation
Esteban Flores, Attorney-in-Fact
(NOTARIZATION AND SEAL)
NOTE: Please Attach Notary
Acknowledgement and
Power of Attorney.
Revised - RP -09/22/2022
CAPITOL INDEMNITY CORPORATION CIC1948917
POWER OF ATTORNEY Bond Number
KNOW ALL MEN BY THESE PRESENTS, That the CAPITOL INDEMNITY CORPORATION, a corporation of the State of Wisconsin, having its principal offices in the City of Middleton, Wisconsin, does make, constitute and appoint --MICHAEL D LAPRE; ESTEBAN FLORES; R.M.FRIEDIK;PHILLIP SIMONS;ARTYCE JOHNSON-.. -BELINDA JOHNSON;MICHAEL SIMONS;MICHELLE L. ELDRIDGE; J.C. SHIVELY; RANDI FORAN--- its true and lawful Attorney(s)-in-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of -- ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED: $2,000,000.00---------.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held on the 15th day of May, 2002. "RESOLVED, that the President, Executive Vice President, Vice President, Secretary or Treasurer, acting individually or otherwise, be and they hereby are granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings, and other writings obligatory in the nature thereof, one or more resident vice-presidents, assistant secretaries and attorneys)-in-fact, cach appointee to have the powers and duties usual to such offices to the business of this company; the signature of such officers and seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any of said officers, at any time." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney- in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. a connection with obligations in favor of the Kentucky Department of Highways only; it is agreed that the power and authority hereby given to the Attorney-i act cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of th Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
IN WITNESS WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by its officer undersigned and its corporate seal to be hereto affixed duly attested, this 1st day of September, 2022.
Attest: CAPITOL INDEMNITY CORPORATION
NDEMNITY CORE
CORPORAT
Ryan J. Byrnes
Senior Vice President, Adam L. Sills
SEAL
Chief Financial Officer and Treasurer Chief Executive Officer and President * HISCONSPI*
Todd Burrick
Chief Underwriting Officer
STATE OF WISCONSIN
COUNTY OF DANE S.S.:
NOTARL Dand 4. Regale
David J. Regele
A or wise Notary Public, Dane Co., WI
STATE OF WISCONSIN My Commission Is Permanent
COUNTY OF DANE } ss:
18th April 24
Signed and sealed at the City of Middleton, State of Wisconsin this_ day of- _ 20 CAPITOL INDE Suzanne n Broadband
SEAL Suzanel, Broadbent
* MISCONSAN*
THIS DOCUMENT HAS BEEN GENERATED FOR A SPECIFIC BOND. IF YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT CALL 800-475-4450. CIC-«POA-M (Rev. 09-2022)
CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT
notary public or other officer completing this certificate verifies only the identity of the individual who signed the document hich this certificate is attached, and not the truthfulness, accuracy, or validity of that documer State of California
Ventura
County of
On 04/18/2024 before me, R. M. Friedik
_ Notary Public,
(Here insert name and title of the officer)
personally appeared Esteban Flores
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(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.
R. M. FRIEDIK
WITNESS my hand and official seat. Notary Public - California Ventura County
Commission # 2387569
(Notary Seal) My Comm. Expires Dec 19, 2025
Signature of Notary Publ
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a Bond No. CIC1948917 document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the (Title or description of attached document)
verbiage does not require the notary to do something that is illegal for a notary in N/A California (i.e. certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required.
Number of Pages three Document Date 04/18/2024 • State and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment.
N/A • Date of notarization must be the date that the signers) personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the names) of document signers) who personally appear at the time of notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. • Individual (s) he/she/they, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording • Corporate Officer • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re-seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form. • Partners) • Signature of the notary public must match the signature on file with the office of the county clerk.
| Attorney-in-Fact Additional information is not required but could help to ensure this • Trustee(s) acknowledgment is not misused or attached to a different document. • Other Indicate title or type of attached document, number of pages and date Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document
C 2004-2015 ProLink Signing Service, Inc. - All Rights Reserved www.TheProLink.com - Nationwide Notary Service CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
80888888888888888888888830303880888808088880888088808080808080808080808080838888808888888880888088888888888888808883888 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 Los ANGELE>
On APRIL 19, 2024 _ before me, MAMI G. PRADO SANCHEZ, NOTARY PUBLIC.
Here Insert Name and Title of the Officer
personally appeared MATTHEW LIVINGSTON
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose nameks) 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/tKeir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(8) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
MARIA G PRADO SANCHEZ
Notary Public - California paragraph is true and correct.
Los Angeles County
Commission # 2451607 WITNESS my hand and official seal.
My Comm. Expires Jun 25, 2027
Signature
Place Notary Seal and/or Stamp Above Signature of Notary Public
OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages: _
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s): _ • Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer is Representing: Signer is Representing:
1888089888888888888898888888888088888888888888888888838 8888888888888888888888888888888888888688888888888880888088888880888880868088808080838080808388868 ©2019 National Notary Association
Bond No._ CIC1948917
Premium $ Included in Performance Bond
SECURITY BOND FOR LABOR AND MATERIALS OF
SUBDIVISION AGREEMENT
Tract Map No.: 20580
WHEREAS, the City Council of the City of Fontana, State of California, and Glen at Fontana, LLC
WHEREAS, under the terms of the Agreement, Principal is required to file before commencing work a good and sufficient payment bond with the City of Fontana to secure the claims allowed in California Civil Code Sections 3082 et seq.
NOW, THEREFORE, Principal and the undersigned as corporate surety, are held firmly bound unto the City of Fontana and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the above referenced sections of the Code of Civil Procedure in the sum of Eighty-Seven Thousand Two Hundred Sixty-Nine & 97/100 ($ 87,269.97 ) materials furnished or labor performed of any kind under the Agreement, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the sum in an amount not exceeding this amount herein set forth above, and in the event legal action is brought upon this bond, the surety will pay, in addition to the face amount of this bond, such costs and reasonable expenses and fees, including reasonable attorney's fees, incurred in successfully enforcing this obligation, as may be awarded and fixed by a court of competent jurisdiction in any judgement entered It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of all persons, companies, and corporations entitled to file claims pursuant to Section 3082 et sec. of the California Civil Code.
This bond shall be and remain in full force and effect until all terms and conditions of the Agreement are fully met and performed by the Principal, his or its heirs, executors, administrators, successors or assigns, to the satisfaction of the City of Fontana. Upon fulfillment of the obligations set forth in the Agreement as specified above, this obligation bond shall become null and void.
The surety hereby stipulates and agrees that no change, extension of time, alteration to the terms of the Agreement or the specifications accompanying it shall in any manner affect its obligation on this bond and surety hereby waives notice of any such change, alteration or addition.
Revised - 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 _18th _day of April _ 2024
PRINCIPAL Glen at Fontana, LLC
(NOTARIZATION AND SEAL)
SURETY Capitol Indemnity Corporation
Esteban Flores, Attorney-in-Fact
(NOTARIZATION AND SEAL)
NOTE: Please Attached Notary
Acknowledgement and
Power of Attorney
Revised - RP -09/22/2022
CAPITOL INDEMNITY CORPORATION CIC1948917
POWER OF ATTORNEY Bond Number
KNOW ALL MEN BY THESE PRESENTS, That the CAPITOL INDEMNITY CORPORATION, a corporation of the State of Wisconsin, having its principal offices in the City of Middleton, Wisconsin, does make, constitute and appoint ----MICHAEL D LAPRE; ESTEBAN FLORES; R.M.FRIEDIK; PHILLIP SIMONS: ARTYCE JOHNSON....- --BELINDA JOHNSON;MICHAEL SIMONS;MICHELLE L. ELDRIDGE; J.C. SHIVELY; RANDI FORAN--- its true and lawful Attorneys)-In-lact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of - ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED: $2,000,000.00- This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held on the 15th day of May, 2002. "RESOLVED, that the President, Executive Vice President, Vice President, Secretary or Treasurer, acting individually or otherwise, be and they hereby are granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings, and other writings obligatory in the nature thereof, one or more resident vice-presidents, assistant secretaries and attorney(s)-in-fact, each appointee to have the powers and duties usual to such offices to the business of this company; the signature of such officers and seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any of said officers, at any time." n connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney 1-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the Stat of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney- ct cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
IN WITNESS WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by its officer undersigned and its corporate seal to be hereto affixed duly attested, this 1st day of September, 2022.
Attest: CAPITOL INDEMNITY CORPORATION
INDEMNITY CORD
CAPITOL ORPORATO Adan
Ryan J. Byrnes
Senior Vice President, Adam L. Sills
Chief Financial Officer and Treasurer SEAL
Chief Executive Officer and President
Told
Todd Burrick
Chief Underwriting Officer
STATE OF WISCONSIN
COUNTY OF DANE S.S.:
NOTARI Danil 4. Rogate
TUBL
STATE OF WISCONSIN } ss: A or wisco
COUNTY OF DANE
woe, a mice are it i Respion of the ace of Directors see car going pover of pome 15 ovinfo remains in full force and has not bet thered to mad, us eidate o HEEd Tir the the regig apted over of Ator co remains in all are and haare Signed and sealed at the City of Middleton, State of Wisconsin this 18th April 24 day of _ 20_
Suzanne n Bicadband
SEAL Suzanne M. Broadbent
Secretary
THIS DOCUMENT HAS BEEN GENERATED FOR A SPECIFIC BOND. IF YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT CALL 800-475-4450. CIC-POA-M (Rev. 09-2022)
CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT
Ahahis i or the tiher conghoi th thisicies, acrifracy, or hidy dry at documeridual who signed the document to State of California
Ventura
County of
On 04/18/2024 before me, R. M. Friedik , Notary Public, (Here insert name and title of the officer)
personally appeared Esteban Flores
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(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.
R. M. FRIEDIK
WITNESS my hand and official seal. Notary Public - California Ventura County
Commission # 2387569
My Comm. Expires Dec 19, 2025
(Notary Seal)
Signature of Notary Fublic
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a Bond No. CIC1948917 document is to be recorded outside of California. In such instances, any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in N/A California (i.e. certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required.
Number of Pages three Document Date 04/18/2024 • State and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment.
N/A • Date of notarization must be the date that the signers) personally appeared which must also be the same date the acknowledgment is completed (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the names) of document signers) who personally appear at the time of notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e • Individual (s) he/she/they, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • Corporate Officer • The notary seal impression must be clear and photographically reproducible Impression must not cover text or lines. If seal impression smudges, re-seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form • Partners) • Signature of the notary public must match the signature on file with the office of the county clerk.
Attorney-in-Fact Additional information is not required but could help to ensure this • Trustee(s) acknowledgment is not misused or attached to a different document. • Other Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document
C 2004-2015 Prolink Signing Service, Inc. - All Rights Reserved www.TheProL.ink.com - Nationwide Notary Service CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
80808988808980880808888808088808089808898089808880888880808083808080808083808889808088808880808880808083808080808080808080808080888088808080808080888808080808 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 LOS ANGELES
on APRIL 19,2024 _ before me, MARiA G. PRADO SANCHEZ, NOTARY PUBLIL Date Here Insert Name and Title of the Officer
personally appeared MATTHEW LIVINGSTON
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(8) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(8), or the entity upon behalf of which the person(s) acted, executed the instrument.
MARIA G PRADO SANCHEZ I certify under PENALTY OF PERJURY under the Notary Public - California laws of the State of California that the foregoing Los Angeles County paragraph is true and correct.
Commission #2451607
My Comm. Expires Jun 25, 2027
WITNESS my hand and official seal.
Signature
Place Notary Seal and/or Stamp Above Signature of Notary Public - OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer is Representing: Signer is Representing:
80888088808888888888888888888888888888888888888888888888888888888888888880808888808080888888080808080308080888080808088808880808880888088888808080808083 ©2019 National Notary Association