SUBDIVISION IMPROVEMENT AGREEMENT
Tract Map No.: 20382
THIS AGREEMENT is between the City of Fontana, a municipal corporation, County of San Beardino, State of California (City) and Serena Village 206 Owner,ilider:
WHEREAS, the application for tentative Tract Map No. _20382 was conditionally approved on September 21st, 2021 _; 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 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
3, a Final Map of the subdivision, prepared in accordance with the City' bubdivision Ordinanse, has been filed by Subdivider with City for approval by the City Council; NOW THEREFORE, in consideration of the approval and acceptance of the Final Map by the City Council and the acceptance of easements therein offered for dedication for street, utility, and other public purposes and the covenants herein contained, the parties hereto mutually covenant and agree as follows:
1. General requirements:
uhdivider shall. at its own cost and expense, provide all required test esign work, equipment. materials and labor in order to complete all of th improvements as associated with the requirements per the approved ($49,536.63 ) 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 taithtul 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
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 naterials furnished in the amount of 20% of the estimated cost of construction of the improvements; and
To warranty the setting of required subdivision monuments within one- year following recordation of the Final Map in the amount of 100% of the estimated cost of setting subdivision monuments as shown in Exhibit "A". e. To guarantee the landscape maintenance of all landscape improvements for a period of one year (1) year following acceptance of thereof by the City.
The securities required by this agreement shall be kept on file with the City Clerk.
The terms of the security documents required by this agreement are hereby incorporated in this agreement by reference and copies attached hereto.
The security, which guarantees performance, can be released upon acceptance of the improvements by the City Council. The security which guarantees payment to contractor, sub-contractors and to persons furnishing labor, materials or equipment will be released 6 months after acceptance of the improvements by the Revised - RP -09/22/2022
City Council, less the total of all claims to which the City has been given proper notice.
Securities may be released upon the final completion and acceptance of the work subject to the provisions herein. The City Council, in its absolute discretion, may release a portion of the security given for faithful performance of the improvement work as the improvement progresses upon application thereof by the Subdivider.
Time of Completion:
All of the required improvements shall be completed within 24 months from the effective date of this agreement. If the work is not completed within the specified time period because of acts of God, the public enemy, the City, or because of fire, flood, epidemic, quarantine restrictions, strikes or freight embargoes, the Subdivider shall be entitled to an extension beyond the specified time period for a period equal to the length of such delay within ten days from the beginning of such delay.
In addition to the extension for the reasons referenced in the foregoing paragraph, Subdivider may submit a written request, Exhibit "B", for a discretionary extension of the time for completion of the improvements to the City Engineer.
The City Engineer may grant or reject such extension, in whole or in part or with conditions, in his sole discretion. If an extension of time is granted it shall in no way affect the validity of this contract or release the surety on the securities referenced herein.
In the event that Subdivider fails to complete the improvements within the required period or any approved extension, the City may complete the work and shall be entitled to recover the full cost and expenses thereof from Subdivider, or his surety as herein provided. If City pursues completion of the improvement 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.
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:
Senia pay all harges died ars expen and give all necessary and is ana licenses, pay all charges, fees and taxes
notices to the due and lawful prosecution of the work.
7. Definition and Ownership of Improvements:
The term "improvements" means: grading, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities as shown in detail upon plans, profiles and specifications which have been prepared or are now in final preparation by engineers acting for Subdivider subject to approval by the City Engineer of the City of Fontana. No work on the improvements shall be commenced until plans and/or profiles therefore have been submitted, approved and permitted by the City Engineer. All required public improvements constructed or installed pursuant to this Agreement shall become the sole exclusive property of the City, without payment therefore, upon acceptance of the improvements by the City Council.
Obligations of Subdivider:
Notwithstanding the fact that Subdivider's plans and specifications, completion of the work, and other acts are subject to approval of the City, it is understood and agreed that any approval by the City thereof shall in no way relieve Subdivider of satisfactorily performing all work on the related obligations hereunder. The construction shall be done strictly in accordance with the plans and specifications prepared by Subdivider or its engineer, and as approved by the City as being consistent with the City Code and Standards. Subdivider warrants that its plans and specifications conform as a minimum to all City codes and standards and that they are adequate to accomplish the work in a good workmanlike manner and in accordance with responsible construction practices.
Revised - RP -09/22/2022
Superintendence by Subdivider:
Subdivider shall personally supervise all work involved in the improvements, or shall designate a competent foreman or superintendent, satistactory 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 ye, or pay to the ran the l prepent of nepal ernestroy el ay re for alf 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) s, and employees against loss or liability whicl
inay arise du, its offers, agents, and my loses rainst loss or he bit berri 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 defective of otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, or should the exigencies of the case require repairs or replacements to be made before Subdivider can be notified, City may, at its own option, make the necessary repairs or replacements or perform the necessary work and offset that amount against any security pledged by Subdivider for faithful performance, labor and materials, or warranty obligations under this agreement.
18. Warranty:
Without limiting the foregoing, Subdivider warrants and guarantees: materials used and workmanship performed on said work for a period of one (1) year after completion and acceptance thereof by the City, and the setting of all required Final Map monuments.
19. Assignment:
This agreement shall not be assignable by Subdivider without written consent of City.
Revised - RP -09/22/2022
IN WITNESS WHEREOF, this agreement shall for all purposes be deemed an original thereof, 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: Serena Village 206 Owner, <4C
3y: Bright Sly Residential, LL By:
City Manager
NameSond ra Matthew C. Ballantyne
Print Name
SUP
Title
By:_
Name
Print Name
Title
APPROVED AS TO FORM:
Ruh-Om-
Best Best & Krieger LLP
City Attorney
Ruben Duran
Print Name
APPROVED AS TO CONTENT:
City Engineer
Gia Kim
Print Name
Revised - RP -09/22/2022
Attachments: (1) Exhibit "A" - Cost Estimate
(2) Exhibit "B" - Time Extension
(3) Securities
Revised - RP -09/22/2022
ACKNOWLEDGMENT
A notary public or other officer completing this
ertificate verifies only the identity of the individua
ho sianed the document to which this certificate i
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California Orange
County of
June 17, 2024 Stephanie Rossi, Notary Public
On before me,_
(insert name and title of the officer)
personally appeared Sondra Harris
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.
STEPHANIE ROSSI
WITNESS my hand and official seal. COMM. # 23642357
ORANGE COUNT AB ORANGE COUNTY
CALFORNAN MY COMM. EXP. JULY 5, 2025
Meghani Posse
Signature (Seal)
DocuSign Envelope ID: D9A8DFF7-3730-40A4-A01D-6C0669326CAD CITY OF FONTANA SPARE OSE ONLY.
ENGINEERING ENGINHERING PC NO..
• PRELIMINARILY APPROVED
• CONSTRUCTION APPROVED. ELPC21-000063
12 FINAL APPROVED
• CORRECTIONS
• FOR INFORMATION ONLY CITY OF FONTANA
ENGINEERING DEPARTMENT
BY Heray Pham DATE 2117/2022
COST ESTIMATE - EXHIBIT "A"
DATE: 11/17/2021
DEVELOPERInland Senior Development, LLC PROJECT NAME Serena Village ENGINEER MFKessler TRACT MAP NO. 20382
PHONE NO. (949) 339-5332 PARCEL MAP NO.
STREET IMPROVEMENTS
UNIT
ITEM QUANTITY UNIT COST AMOUNT
6" CURB & GUTTER L.F. 17.00
8" CURB & GUTTER 64 L.E. 19.00 1,216
8" THICK CROSS GUTTER S.F. 11.00
4" SIDEWALK 2440 S.E. 17,080
ACCESS RAMP 5,000:00
EA
DRIVEWAY APPROACHES 550 S.F. 11.00 6,050
ASPHALT CONCRETE DIKES L.F. 11.00
FOG SEAL S.F. • 1(
IMPORTED EMBANKMENT C.Y. 10.00
PREPARATION OF SUBGRADE 295 S.E. .50 148
*A.C. OVERLAY (0.20 THICKNESS) 7.95 TON 150.00 1,192.5
PER CITY STANDARD 22.2 TON 150.00 3,330
**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 505 S.E. 333.3
**REMOVAL OF P.C.C. CURB 6.66
L.F.
*REMOVAL OF A.C. BERM L.F. 5.00
RETAINING WALL H=2 1/2 FT.
OR LESS I. F. 40.00
BLOCK WALL H=6 FEET L. F. 50.00
AGGREGATE BASE TON 30.00
GUARD POSTS EA 70.00
GUARD PANEL (WOOD) L.F. 40.00
SANCUT 64 L.F. 3.50 224
REFLECTORS AND POSTS EA 100.00
STREET SIGNS EA 250.00
EA
EA
EA
EA
STREET IMPROVEMENT SUBTOTAL $29,573.8
* A.C. ASPHALTIC CONCRETE
** P.C.C. PORTLAND CONCRETE CEMENT
1 DocuSign Envelope ID: D9A8DFF7-3730-40A4-A01D-6C0669326CAD
STORM DRAIN IMPROVEMENTS
UNIT
ITEM QUANTITY UNIT COST AMOUNT
* 18" RCP 90.00
* 24" RCP 110.00
* 30" RCP 250.00
* 36" RCP 250.00
* 42" RCP 250.00
* 48" RCP 260.00
* 54" RCP 280.00
* 60" RCP 300.00
* 66" RCP 320.00
* 78" RCP BOSES SERENESE 340.00
* 24" CMP 90.00
* 60" CMP 320.00
CATCH BASIN/CURB INLET:
W=7 4,000.00
W=10 1,500.00
W=14 5,000.00
W=21 11,000.00
W=28 14,000.00
JUNCTION STRUCTURE 3,200.00
TRAFFIC TYPE JUNCTION
STRUCTURE EA 2,800.00
DISCHARGE STRUCTURE EA 2,800.00
MANHOLES EA 2, 500.00
LOCAL DEPRESSION EA 1,250.00
GRATE INLET STRUCTURE EA 2,100.00
EA
EA
EA
STORM DRAIN IMPROVEMENT SUBTOTAL
* REINFORCED CONCRETE PIPE
SANITARY SEWER IMPROVEMENTS
UNIT
ITEM QUANTITY UNIT COST AMOUNT
MANHOLES 60" DIAMETER EA 4, 500.00
MANHOLES 48" DIAMETER EA 4, 000.00 4,000
DROP MANHOLES EA 4,500.00
WYES EA 100.00
CLEANOUTS EA 600.00 600
REMODELING OF EXISTING
MANHOLE EA 950.00
** 4" VCP L.E. 50.00
* * 6" VCP L.F. 60.00
** 8" VCP 36 L.F. 70.00 2,520
** 10" VCP L.F. 80.00
** 12" VCP L.F. 90.00
** 15" VCP L.F. 100.00
L.F.
I. F.
SANITARY SEWER IMPROVEMENT SUBTOTAL 7,120
** VITRIFIED CLAY PIPE
2 DocuSign Envelope ID: D9A8DFF7-3730-40A4-A01D-6C0669326CAD
TRAFFIC SIGNALS/SIGN/STRIPING
UNIT
ITEM QUANTITY UNIT COST AMOUNT
TRAFFIC SIGNAL MODIFICATION:
ONE CORNER L.S. 75,000.00
TWO CORNERS L.S. 100, 000.00
TRAFFIC SIGNAL NEW I.S. 250,000.00
PAINT TRAFFIC STRIPE (1 COAT) L.F. 2.40
PAINT TRAFFIC STRIPE (2 COATS) L.E.
PEDESTRIAN CROSSWALK STRIPING] L. E.
PAVEMENT MARKER
(NON REFLECTIVE) EA 2.50
PAVEMENT MARKER (REFLECTIVE) EA 100.00
REFLECTORS AND POSTS EA
STREET SIGNS EA 250.00
EA
EA
TRAFFIC SIGNAL/SIGNS/STRIPING SUBTOTAL
CED LANDSCAPE IMPROVEMENTS (BONDING PURPOSES ONLY)
AREA LANDSCAPED _S.E. $12.00
CENTER MEDIAN S.E. $12.00
IANDSCAPING IMPROVEMENTS SUBTOTAL
SUBTOTALS:
STREET IMPROVEMENT SUBTOTAL..... .... $29,573.8
STORM DRAIN IMPROVEMENTS SUBIOTAL.............
SANITARY SEWER IMPROVEMENTS SUBTOTAI........... $7,120
TRAFFIC SIGNAL/SIGNS/STRIPING SUBTOTAI.…....
36,693.1
IMPROVEMENT SUBTOTAL ===========
(*USE THIS TOTAL FOR PLAN CHECK & PERMITTING PURPOSES*) CED LANDSCAPE IMPROVEMENTS...
SUBDIVISION MONUMENT GUARANTEE $1,200 + $50/LOI
... •
STREET LIGHTS @ $5,000 .. . ..
CUCAMONGA COUNTY WATER DISTRICT FACILITIES.....
CITY OF FONTANA IMPROVEMENT SUBTOTAL....
ENGINEERING
•PRELIMINARILY APPROVED ADD 358... $12,842.83
•I CONSTRUCTION APPROVED
I FINAL APPROVED $49,536.63
• CORRECTIONS BONDING TOTAL.......
•FOR INFORMATION ONLY
BY Henry Pham DATE 2172022
3 DocuSign Envelope ID: D9A8DFF7-3730-40A4-A01D-6C0669326CAD APPROVED PUBLIC IMPROVEMENT PLANS:
STREET IMP. DWG. NO. 6161
STREET LIGHT DWG. NO. 6162
SEWER IMP. DWG. NO.
STORM DRAIN IMP. DWG. NO.
TRAFFIC SIGNAL DWG. NO.
SIGNING & STRIPING DWG. NO.
Executed in Triplicate
GENERAL SURETY RIDER
To be attached and form a part of
Bond No. 1001187855
For Street Improvements - Serena Village Tract No. 20382 Dated effective 12/29/2023 (MONTH, DAY, YEAR)
Executed by Serena Village 206, LLC, as Principal, (PRINCIPAL) And by U.S. Specialty Insurance Company, as Surety, (SURETY) And in favor of City of Fontana (OBLIGEE)
In consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing
INFORMATION FROM TO
Principal Name Serena Village Serena Village
206, LLC 206 Owner, LLC
Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated.
This rider is effective 12/29/2023
(MONTH, DAY, YEAR)
Signed and Sealed 05/22/2024
(MONTH, DAY, YEAR)
Serena Village 206 Owner, LLC
Briontsky Residinthal LIC, ayent , PRINCIPAL
BY NO, SEP
TITLE
МИНИННИИ .S. Specialty Insurance Company
Compan SURETY
Manerse
Martha Barreras, ATTORNEY-IN-FACT
ACKNOWLEDGMENT
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California Orange
County of _
On June 17, 2024 before me, Stephanie Rossi, Notary Public (insert name and title of the officer)
Sondra Harris
personally appeared
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.
WITNESS my hand and official seal. STEPHANIE ROSSI
COMM. # 23642352
NOTARY PUBLIC-CAUFORNIA EN
ORANGE COUNTY
Alephani Rosse MY COMM. EXP. JULY 5, 2025
Signature (Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
MAY 2 2 2024 Albert Melendez , Notary Public,
On , before me,
personally appeared Martha Barreras
who proved to me on the basis of satisfactory evidence to be the person(x) whose name(x) is/axe subscribed to the within instrument and acknowledged to me that e/she/they executed the same in Iăs/her/tieir authorized capacity(ixs), and that by his/her/their signature(x) on the instrument the person(x), or the entity upon behalf of which the person(&) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct.
ALBERT MELENDEZ
Notary Public - California
Orange County WITNESS my hand and official seal.
Commission +2391461
My Comm. Expires Jar: 23, 2026
SIGNATURE
PLACE NOTARY SEAL ABOVE
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of attached document
Title or type of document:
Document Date: _Number of Pages:_
Signers) Other than Named Above:
TOKIO MARINE
HCC
POWER OF ATTORNEY
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint:
Martha Barreras
its true and lawful Attorneys)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver on its behalf:
Surety Bond Number: 1001187855 Amount of Bond: See Bond Form Principal: Serena Village 206 Owner, LLC
Obligee: City of Fontana
This Power of Attorney shall expire without further action on April 23, 2026. This Power of Attomey is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies:
"Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions:
Attomey-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 18th day of April, 2022.
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING OMPANY
US SPECIALTY INSURANCE COMPANY
State of California CONTRACTORSUE
County of Los Angeles SS: By:
Daniel P. Aguilar, Vice President
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.
On this 18t day of April, 2022 before me, Sonia O. Carrejo, a notary public, personally appeared Dan P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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. SONTA O. CARREJO
Notary Public - Callfornia
Commision 35871e
Signature (seal) My Corn Exare 4c 3.2026
1, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this day of
Corporate Seals
osoro
Kio Lo, Assistarl Secretary
STEORTERS
CATE SHAHAA MANA infarmantion
To Supersede SureTec Insurance Bond No. 4451215
Issued in Triplicate Bond No. 1001187855
Premium $ 495.00 / Annually
SECURITY BOND FOR FAITHFUL PERFORMANCE OF
SUBDIVISION AGREEMENT
Tract Map No.: 20382
WHEREAS, the City Council of the City of Fontana, State of California, and, Serena Village 206, LLC ("Principal") have entered into an agrecment 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 Forty-nine Thousand Five Hundred Thirty-six 63/100 ($49,536.63 ). 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 29th day of December Serena Village 206, LLC
PRINCIPAL
B3 Brigate Rentential, 4C
(NOTARIZATION AND SEAL)
U.S. Specialty Insurance Company
SURETY
Albert Melendez, Attorney-In-Fact
(NOTARIZATION AND SEAL)
NOTE: Please Attach Notary
Acknowledgement and
Power of Attorney.
Revised - RP -09/22/2022
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
State of California Orange
County of
May 15, 2024 Stephanie Rossi, Notary Public
On before me,
(insert name and title of the officer)
Sondra Harris
personally appeared
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/theft 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.
BEAL OF ; STEPHANIE ROSSI
WITNESS my hand and official seal.
ORANGE COUNTY
MY COMM. EXP. JULY 5, 2025
Shephance Posse.
Signaturé (Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 notary public or other officer completing this certificate verifies only the identity of the individual who signed th ocument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that documer State of California )
County of Orange )
Onl DEC 29 2023 before me, Melissa A. Lopez, Notary Public Date Here Insert Name and Title of the Officer
personally appeared Albert Melendez
Name(s) of Signers)
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/theirauthorized capacity(ies), and that by his/her/theif 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.
MELISS: A. LOPEZ WITNESS my hand and official seal.
Notary Pubiic - California
Orange Court! NNA mulisso
Commission = 2363055 Signature
My Corre. Excires Jun 28. 2025 signature or pap pusic
Place Notary Seal Above
- OPTIONAL
Though this section is 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: _ Signers) Other Than Named Above:
Capacity(ies) Claimed by Signers)
Signer's Name: Signer's Name:
1 Corporate Officer - Title(s): ] Corporate Officer - Title(s):
_ Partner - • Limited • General Partner - • Limited C General Individual L Attorney in Fact Individual • Attorney in Fact Trustee • Guardian or Conservator Trustee • Guardian or Conservator • Other: • Other:
Signer Is Representing: Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
TOKIO MARINE
HC C
POWER OF ATTORNEY
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute Erik Johansson, Frances Lefler, James W. Johnson, Jennifer Anaya, Melissa Lopez, Christina Johnson or Christina Rogers of Tustin, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed ****** Thirty Million and 00/100 ****** (***$30,000,000.00***). This Power of Attorney shall expire without further action on January 31s1, 2024. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies:
Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions:
Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.
IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 23rd day of September, 2021.
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY State of California
County of Los Angeles By:
Daniel P. Aguilar, Vice President
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 On this 23rd day of September, 2021, before me, D. Littlefield, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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. Notary Public - Caltfomia Commission # 2320307
Fattifuld My Comm. Expires Jan 31, 2024
Signature (seal)
1, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this day of December
Corporate Seals ATS SURENN
Bond No. 1001187855
* doo
Agency No. 19261 - PDF POA Kio Lo, Assistant Secretary
HCCSMANPOA09/2021
visit tmhcc.com/surety for more information
Surety Group
TOKIO MARINE 801 S. Figueroa Street, Suite 700
HCC Los Angeles, CA 90017 USA
Tel: 310-649-0990
SURETY BOND SEAL ADDENDUM
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Due to logistical issues associated with the use of traditional seals during this COVID-19 Sundy c, Amany and U.5S. Sore day isrance Coy, Trays Bondingly The CUmped ales collectively, the "Companies") have authorized its Attorneys-in-Fact to affix the Companies' corporate seal to any bond executed on behalf of the Companies by any such Attorney-in-Fact by attaching this Addendum to said bond.
To the extent this Addendum is attached to a bond that is executed on behalf of any of the Companies by its Attorney-in-Fact, each Company hereby agrees that the seal below shall be deemed affixed to said bond to the same extent as if its raised corporate seal was physically affixed to the face of the bond.
Dated this 1s' day of April 2020.
American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company CONTRAGTORS HANDING HA BONDING "S SURETU
SEPT. 25, 1990
CALIFORNIA
By: FRAnk MESTER
Frank Mester, Vice President
Bond validation available at tmhcc.com/surety
HCCSZZM_DIGSEAL04/2020
To Supersede SureTec Insurance Bond No. 4451215 Bond No. 1001187855 Issued in Triplicate Premium $ Included with Performance Bond
SECURITY BOND FOR LABOR AND MATERIALS OF
SUBDIVISION AGREEMENT
Tract Map No.: 20382
WHEREAS, the City Council of the City of Fontana, State of California, and Serena Village 206, LIC _("Principal") have entered into an agreement dated Come At, sal and on is ted crain designin by rele improvemens, principal has agreed to 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 Forty-nine Thousand Five Hundred Thirty-six 63/100 $ 49,536.63 ) 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 he 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 of 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 December _, 20_23
Serena Village 206, LLC
PRINCIPAL
Sondra Parris, SUP
(NOTARIZATION AND SEAL)
U.S. Specialty Insurance Company
SURETY
Albert Melendez, Attorney-In-Fact
(NOTARIZATION AND SEAL)
*
NOTE: Please Attached Notary
Acknowledgement and
Power of Attorney
Revised - RP -09/22/2022
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California Orange
County of.
May 15, 2024 Stephanie Rossi, Notary Public
On before me, _
(insert name and title of the officer)
personally appeared Sondra Harris
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.
STEPHANIE ROSSI
WITNESS my hand and official seal. S2
ORANGE COUNTY
MY COMM. EXP JULY 5, 2025
stepanie losse.
Signature.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Orange )
On DEC. 29 2023 before me, Melissa A. Lopez, Notary Public Date Here Insert Name and Title of the Officer
personally appeared Albert Melendez
Name(s) of Signer(s)
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/theirauthorized capacity(ies), and that by his/her/theif 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 officia/seal.
MELISSA A. LOPEZ
Notary P_Diic - Cauifornia
Orange County VNN Mulssa
Commission = 2363055 Signature_
My Comm. Expires Jun 28. 2025 Signature of Notary Public 33080278189087323
Place Notary Seal Above
- OPTIONAL
Though this section is 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): 1 Corporate Officer - Title(s):
] Partner - • Limited • Generall Partner - C Limited C General Individual • Attorney in Fact Individual • Attorney in Fact ] Trustee C Guardian or Conservator ] Trustee • Guardian or Conservator Other: Other:
Signer Is Representing: Signer Is Representing: /
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
TOKIO MARINE
HCC
POWER OF ATTORNEY
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint:
Erik Johansson, Frances Lefler, James W. Johnson, Jennifer Anaya, Melissa Lopez, Christina Johnson or Christina Rogers of Tustin, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed ****** Thirty Million and 00/100****** (*$30,000,000.00***). This Power of Attorney shall expire without further action on January 31st, 2024. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies:
Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions:
Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.
IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 23rd day of September, 2021.
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY State of California
County of Los Angeles By:
LOSE OF TELE Daniel P. Aguilar, Vice President
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 On this 23rd day of September, 2021, before me, D. Littlefield, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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. Notary Public - Californía Los Angeles County
Commission # 2320307
My Comm. Expires Jan 31, 2024
1, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this day of December
Corporate Seals PONDING
Bond No. 1001187855 COk
* sToo
Agency No. 19261 - PDF POA SATE OF TERR Kio Lo, Assistant Secretary HCCSMANPOA09/2021
visit tmhcc.com/surety for more information
Surety Group
TOKIO MARINE 801 S. Figueroa Street, Suite 700
HCC Los Angeles, CA 90017 USA
Tel: 310-649-0990
SURETY BOND SEAL ADDENDUM
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Due to logistical issues associated with the use of traditional seals during this COVID-19 andemic, American Contractors Indemnity Company, Texas Bonding Company, United State:
surety Company and U.S. Specialty Insurance Company, (individually, the "Company" and collectively, the "Companies") have authorized its Attorneys-in-Fact to affix the Companies' corporate seal to any bond executed on behalf of the Companies by any such Attorney-in-Fact by attaching this Addendum to said bond.
To the extent this Addendum is attached to a bond that is executed on behalf of any of the Companies by its Attorney-in-Fact, each Company hereby agrees that the seal below shall be deemed affixed to said bond to the same extent as if its raised corporate seal was physically affixed to the face of the bond.
Dated this 1st day of April 2020.
American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company
RACTORS CONDING SES SURETL
NCORPORATED
SEPT. 25, 1990
SE OF TEA
By: FRAnk MESTER
Frank Mester, Vice President
Bond validation available at tmhcc.com/surety
HCCSZZM_DIGSEAL04/2020
To Supersede SureTec Insurance Bond No. 4451215
Issued in Triplicate Bond No. 1001187855
Premium $ Included with Performance Bond
SUBDIVISION WARRANTY OBLIGATION BOND
Tract Map No.: 20382
WHEREAS, The City Council of the City of Fontana, State of California, and, Serena Village 206, LLC _ ("Principal") have entered into an agreement dated _(the "Agreement") which is incorporated herein by referenced, in which Principal has agreed to warrant and guarantee the installation and maintenance of certain designated public 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 Nine Thousand Nine Hundred Seven Dollars and 33/100 ($ 9,907.33) 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 pime perio an equited under he green and lo angeriponate of al rani co tanis, 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 29th _ day of December, 20 23
Serena Village 206, LLC
PRINCIPAL
• SVY
(NOTARIZATION AND SEAL)
U.S. Specialty Insurance Company
SURETY
Albert Melendez, Attorney-In-Fact
(NOTARIZATION AND SEAL)
NOTE: Please Attached Notary
Acknowledgement and
Power of Attorney
Revised - RP -09/22/2022
ACKNOWLEDGMENT
A notary public or other officer completing this
State of California Orange
County of
May 15, 2024 Stephanie Rossi, Notary Public
On before me,.
(insert name and title of the officer)
Sondra Harris
personally appeared
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.
WITNESS my hand and official seal. STEPHANIE ROSSI
COMM. # 23642352
I NOTARY PUBLIC-CALIFORNIA TA
ORANGE COUNTY
CALFORN MY COMM. EXP. JULY 5, 2025
Shepani loss
Signature (Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange )
On DEC 29 2023 before me, Melissa A. Lopez, Notary Public Date Here Insert Name and Title of the Officer
personally appeared Albert Melendez
Name(s) of Signer(s)
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/theirauthorized capacity(ies), and that by his/her/theif 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.
MESSA M. LOPE2
Notar, Pus ic • Ca Mfornia WITNESS my hand and official sea Orange Coungy
Cormission = 2363055 Vulud.
My Com-. Expires Jun 25. 2025
Signature
Sinatue or Noa ruoi
Place Notary Seal Above
- OPTIONAL -
Though this section is 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 - O Limited • General Partner - C Limited C General Individual C Attorney in Fact Individual L Attorney in Fact ] Trustee • Guardian or Conservator Trustee • Guardian or Conservator Other: ) Other:
Signer Is Representing: Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
TOKIO MARINE
HCC
POWER OF ATTORNEY
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint:
Erik Johansson, Frances Lefler, James W. Johnson, Jennifer Anaya, Melissa Lopez, Christina Johnson or Christina Rogers of Tustin, California its true and lawful Attornevs)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, ndertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety providing the bond penalty does not exceed ***** Thirty Million and 00/100 ***** (***$30,000,000.00***). This Power of Attorney shall expire without further action on January 31st, 2024. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies:
Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions:
Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.
IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 23rd day of September, 2021.
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY State of California
County of Los Angeles By:
SCOF TEARS Daniel P. Aguilar, Vice President
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 On this 23rd day of September, 2021, before me, D. Littlefield, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
I certity under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
D. LITTLEFIELO
WITNESS my hand and official seal - Notary Public - Callfornia Los Angeles County
Commission # 2320307
Signature (seal) My Comm. Expires Jan 31, 2024
1. Kio Lo. Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this _day of December
Corporate Seals
Bond No. 1001187855
soro
Agency No. 19261 - PDF POA Kio Lo, Assistant Secretary
HCCSMANPOA09/2021
visit tmhcc.com/surety for more information
TOKIO MARINE
HCC
SURETY BOND SEAL ADDENDUM
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Due to logistical issues associated with the use of traditional seals during this COVID-19 andemic, American Contractors Indemnity Company, Texas Bonding Company, United State Surety Company and U.S. Specialty Insurance Company, (individually, the "Company" and collectively, the "Companies") have authorized its Attorneys-in-Fact to affix the Companies corporate seal to any bond executed on behalf of the Companies by any such Attorney-in-Fact by attaching this Addendum to said bond.
To the extent this Addendum is attached to a bond that is executed on behalf of any of the Companies by its Attorney-in-Fact, each Company hereby agrees that the seal below shall be deemed affixed to said bond to the same extent as if its raised corporate seal was physically affixed to the face of the bond.
Dated this 1s' day of April 2020.
American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company
RACTORS BONDING PES SURER
NCORPORATED
SEPT. 25, 1990
By: Feane MESTER
Frank Mester, Vice President
Bond validation available at tmhcc.com/surety
HCCSZZM_DIGSEAL04/2020
8353 Sierra Avenue
City of Fontana Fontana, CA 92335
Action Report
TRANS CAUSES
City Council Meeting
File #: 21-3230 Agenda Date: 9/10/2024
Agenda #: M Category: Consent Calendar
FROM:
Engineering
SUBJECT:
Approve Security Substitution for Tract No. 20382, located south of Foothill Boulevard and west of Banana Avenue, for Serena Village 206 Owner, LLC.
RECOMMENDATION:
Approve security substitution for infrastructure improvements of Tract No. 20382 and authorize the City Manager to enter into a Subdivision Improvement Agreement with Serena Village 206 Owner, LLC for construction of infrastructure improvements.
COUNCIL GOALS:
• To invest in the City's infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
• To invest in the City's infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.
DISCUSSION:
Tentative Tract No. 20382, located south of Foothill Boulevard and west of Banana Avenue, was approved by Planning Commission on September 21, 2021. The final tract map for Tract No. 20382 was recorded on October 19, 2022. As a requirement of the project, the developer was conditioned to build the infrastructure improvements to support the development of Tract No. 20382. Inland Senior Development, LLC posted a Subdivision Improvement Agreement and Securities for infrastructure improvements on September 29, 2022. Recently, Serena Village 206 Owner, LLC purchased the development from Inland Senior Development, LLC and has posted a Subdivision Improvement Agreement and Securities in the amount of $49,536.63 to complete the required infrastructure improvements. Therefore, this action will allow the securities from Serena Village 206 Owner, LLC to replace securities from Inland Senior Development, LLC, which will be released. The requirements for the development of the subdivision have not changed.
FISCAL IMPACT:
There is no fiscal impact associated with the approval of this item.
MOTION:
Approve staff recommendation.
City of Fontana Page 1 of 1 Printed on 8/29/2024
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