SUBDIVISION IMPROVEMENT AGREEMENT
Tract Map No.:_ 20397
THIS AGREEMENT is between the City of Fontana, a municipal corporation, County of San Bernardino, State of California ("City") and
Serena Village 206 Owner, LLC ("Subdivider"):
WHEREAS, the application for tentative Tract Map No. 20397 was conditionally approved on August 16th, 2022 - and
WHEREAS, Subdivider is the owner of that certain parcel of land defined by the Final Map and Subdivider proposes to do and perform certain work of improvement thereon as set forth in this agreement; and
WHEREAS, City desires to assure that the proposed improvements will be done in a good workmanlike manner and in accordance with the laws and standards now in force and effect in the City, the terms and conditions of which are incorporated herein by reference; and WHEREAS, Subdivider declares acknowledgement the pertinent regulations contained in the City Code and in the Subdivision Map Act (Government Code Sections 66410 to 66500) and agrees to comply therewith; and
WHEREAS, a Final Map of the subdivision, prepared in accordance with the City's Subdivision Ordinance, has been filed by Subdivider with City for approval by the City Council; NOW THEREFORE, in consideration of the approval and acceptance of the Final Map by the City Council and the acceptance of easements therein offered for dedication for street, utility, and other public purposes and the covenants herein contained, the parties hereto mutually covenant and agree as follows:
General requirements:
Subdivider shall, at its own cost and expense, provide all required tests, 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 Twenty None Thousand One Hundred Seventy Eight Dollars and 99/100 ($29,178.90 as shown on Exhibit
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 ot construction, and the obligation of Subdivider's surety in connection with the securities required pursuant to the provisions of section (2), below.
2. Security:
Subdivider shall, at all times, guarantee its performance of this agreement by furnishing to City and maintaining good and sufficient security as required by the State Subdivision Map Act on forms approved by City for the purposes and in the amounts as follows:
a. To ensure a faithful performance of this agreement in regard to the improvements in the amount of 100% of the estimated cost of construction of the improvements; and
b. To secure payment to any contractor, sub-contractor, persons renting equipment or furnishing labor or materials for the improvements required to be constructed or installed pursuant to this agreement in the additional amount of 100% of the estimated cost of construction of the improvements; and
C. To guarantee or warranty the work done pursuant to this agreement for a period of one (1) year following acceptance thereof by City Council of the City of Fontana against any defective work or labor done or defective materials furnished in the amount of 20% of the estimated cost of construction of the improvements; and
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.
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.
8. Obligations of Subdivider:
Notwithstanding the fact that Subdivider's plans and specifications, completion of the work, and other acts are subject to approval of the City, it is understood and agreed that any approval by the City thereof shall in no way relieve Subdivider of prepared by Subdivider or its engineer, and as approved by the City as being consistent with the City Code and Standards. Subdivider warrants that its plans and specifications conform as a minimum to all City codes and standards and that they are adequate to accomplish the work in a good workmanlike manner and in accordance with responsible construction practices.
Revised - RP -09/22/2022
9. Superintendence by Subdivider:
Subdivider shall personally supervise all work involved in the improvements, or shall designate a competent foreman or superintendent, satisfactory to the City Engineer, to supervise the work at all times during progress, with authority to act for Subdivider. In the event satisfactory superintendence is not being exercised by the Subdivider, the City Engineer may order suspension of all work within the subdivision until the deficiency is adequately corrected.
10. Repair and Replacements:
Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, or pay to the owner the entire cost of replacement or repairs, for all survey monuments or for any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or by the City or by any public or private corporation, or by any person whomsoever or by combination of such owners. Any such repair or replacement shall be completed in a reasonable manner and subject to the approval of the City Engineer and affected property owner.
11. Inspection by City:
Subdivider shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work and to the shops where the work is in preparation. The cost of inspections shall be paid by the Subdivider.
12. Approval by City Engineer.
All required improvements shall be constructed under the inspection of and subject to approval of the City Engineer. Therefore, it is mutually agreed by the parties hereto that the City Engineer shall have the right to reject any or all of the work to be performed under this contract if such work does not conform to the plans and specifications set forth herein or the City's Codes and standards. Any damage to the improvements (existing or new) that occurs during the course of ork performed under this Agreement shall be repaired or replaced. by th undivider to the satisfaction of the City Engineer before the final acceptance 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) 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 sol 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. 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 mprovement work performed under this Agreement, any of the improvements for vork done under this Agreement fails to fulfill any of the requirements of this Agreement, or the specifications referred to herein, Subdivider shall without delay and without any cost to the City (upon receipt of written notice from the City, repair or replace or reconstruct any defective of otherwise 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. Warrantv:
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)
SUBDIVIDER CITY OF FONTANA
bals. Mile By:_
By:_
City Manager
Leonard S. Miller
Name
Print Name
Executive Vice President
Title
Attest:
By:_
City Clerk
Name
Print Name
Title
APPROVED AS TO FORM:
Best Best & Krieger LIP
City Attorney
Print Name
APPROVED AS TO CONTENT:
By:_
City Engineer
Print Name
Revised - RP -09/22/2022
ACKNOWLEDGMENT
A notary public or other officer completing this
State of California Orange
County of.
On April 7, 2025 before me, Stephanie Rossi, Notary Public (insert name and title of the officer)
Leonard S. Miller
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.
REAL OF STEPHANIE ROSSI
WITNESS my hand and official seal. COMM. # 2364235 20
NOTARY PUBLIC-CALIFORNIA ID
ORANGE COUNTY
CALFORTA MY COMM. EXP. JULY 5, 2025
(Seal)
Attachments: (1) Exhibit "A" - Cost Estimate
(2) Exhibit "B" - Time Extension
(3) Securities
Revised - RP -09/22/2022
¡ DocuSign Envelope ID: 358F0A63-AAFB-412A-ACD-93F196533708
CITY OF FONTANA
ENGINEERING T
STAFF USE ONLY
• PRELIMINARILY APPROVED TONTANA
I CONSTRUCTION APPROVED ENGINEERING PC NO.
• FINAL APPROVED ELPC21-000070
• CORRECTIONS
• FOR INFORMATION ONLY CITY OF FONTANA
ENGINEERING DEPARTMENT
BY Henry Pham DATE 10/19/2022
COST ESTIMATE - EXHIBIT "A"
DATE: 09/12/22
Inland Senior Development, ILC PROJECT NAME Serena Village East DEVET.OPER
MEKessler TRACT MAP NO. 20397
ENGINEER
(949) 339-5332 PARCEL MAP NO.
PHONE NO.
-
STREET IMPROVEMENIS
UNIT
QUANTITY UNIT COST AMOUNT
ITEM
L.E. 17.00 0.00
6" CURB & GUTTER 2850.00
8" CURB & GUTTER 150 L.E. 19.00
8" THICK CROSS GUTTER S.F. 11.00 0.00
900 S.F. 7.00 6300.00
4" SIDEWALK
EA 5, 000.00 0.00
ACCESS RAMP -
S.E. 11.00 0.00
DRIVE WAY APPROACHES
L.F. 11.00 561.00
ASPHALT CONCRETE DIKES
S.F. 0.10 0.00
FOG SEAL
C.Y. 10.00 0.00
IMPORTED EMBANKMENT
S.F. 0.50 0.00
PREPARATION OF SUBGRADE
TON 150.00 4560.00
*A.C. 30.4
*A.C.OVERLAY (0.20 THICKNESS) 1515.00
PER CITY STANDARD 10.1 TON 150.00
L.E. 16.00 0.00
**PCC CURB ONLY (MEDIAN)
EA 500 0.00
ADJUST SEWER MANHOLE TO GRADE
EA 300.00 0.00
ADJUST SEWER CLEAN OUT TO GRADE
EA 250.00 0.00
ADJUST WATER VALVES TO GRADE
L.F. 40.00 0.00
BARRICADES
I.F. 5.00 0.00
2 X 4 REDWOOD HEADER
S.F. 0.66 0.00
*REMOVAL OF A.C. PAVEMENT
138 L.F. 6.00 828.00
**REMOVAL OF P.C.C. CURB
L.E. 5.00 0.00
*REMOVAL OF A.C. BERM 0.00
RETAINING WALL H=2 1/2 FT. OR LESS I.F. 40.00
L.F. 50.00 0.00
BLOCK WALL H=6 FEET
TON 30.00 0.00
AGGREGATE BASE
EA 70.00 0.00
GUARD POSTS 0.00
GUARD PANEL (WOOD) I. E. 40.00
I. F. 3.50 0.00
SAWCUT 0.00
REFLECTORS AND POSTS EA 100.00
EA 250.00 0.00
STREET SIGNS
EA 0.00
EA 0.00
EA 0.00
EA 0.00
STREET IMPROVEMENT SUBTOTAL $16, 614.00
* A.C. ASPHALTIC CONCRETE
** P.C.C. PORTLAND CONCRETE CEMENT
DocuSign Envelope ID: 358F0A63-AAFB-412A-AC5D-93F196533708
STORM DRAIN IMPROVEMENTS
UNIT
QUANTITY COST AMOUNT
ITEM
L.T. 90.00 0.00
* 18" RCP
L.F. 110.00 0.00
* 24" RCP
L.F. 250.00 0.00
* 30" RCP
* 36" RCP L.F. 250.00 0.00
* 42" RCP L.F. 250.00 0.00
* 48" RCP L.F. 260.00 0.00
* 54" RCP L.F. 280.00 0.00
* 60" RCP L.F. 300.00 0.00
* 66" RCP L.F. 320.00 0.00
* 78" RCP L.F. 340.00 0.00
* 24" CMP L.F. 90.00 0.00
* 60" CMP L.F. 320.00 0.00
CATCH BASIN /CURB INLET: 0.00
W=7 EA 4,000.00 0.00
EA 4,500.00 0.00
W=10 0.00
W=14 EA 6,000.00
EA 11,000.00 0.00
W=21
EA 14,000.00 0.00
w=28
JUNCTION STRUCTURE 3,200.00 0.00
TRAFFIC TYPE JUNCTION
2,800.00 0.00
STRUCTURE
DISCHARGE STRUCTURE EA 2,800.00 0.00
EA 2,500.00 0.00
MANHOLES
LOCAL DEPRESSION EA 1,250.00 0.00
GRATE INLET STRUCTURE EA 2,100.00 0.00
EA 0.00
EA 0.00
EA 0.00
STORM DRAIN IMPROVEMENT SUBTOTAL $0.00
* REINFORCE CONCRETE PIPE
SANITARY SEWER IMPROVEMENTS
UNIT
ITEM QUANTITY COST AMOUNT
BA 4, 500.00 0.00
MANHOLES 60" DIAMETER 0.00
MANHOLES 48" DIAMETER EA 4,000.00
EA 1,500.00 0.00
DROP MAN HOLES 0.00
WYES EA 100.00
EA 600.00 0.00
CLEANOUTS
REMODELING OF EXISTING 0.00
MANHOLE EA 950.00
0.00 ** 4" VCP L.F. 50.00
L.F. 60.00 0.00
** 6" VCP
L.F. 70.00 0.00
** 8" VCP
L.F. 80.00 0.00
** 10" VCP
L.F. 90.00 0.00
** 12" VCP
L.F. 100.00 0.00
** 15" VCP
L.E. 0.00
I.F. 0.00
SANITARY SEWER IMPROVEMENT SUBTOTAL $0.00
** VITRIFIED CLAY PIPE
DocuSign Envelope ID: 358F0A63-AAFB-412A-AC5D-93F196533708
TRAFFIC SIGNALS/SIGN/STRIPING
UNIT
QUANTITY UNIT COST AMOUNT
ITEM
TRAFFIC SIGNAL MODIFICATION:
75,000.00 $0.00
ONE CORNER
I.S.
100,000.00 $0.00
TWO CORNERS
L.S.
TRAFFIC SIGNAL NEW 400,000.00 $0.00
L.S.
L.E. 2.40 $0.00
PAINT TRAFFIC STRIPE (1 COAT, 0.65 $0.00
PAINT TRAFFIC STRIPE (2 COATS) L.F.
PEDESTRIAN CROSSWALK STRIPING L.F. 0.65 $0.00
2.50 $0.00
PAVEMENT MARKER
(NON REFLECTIVE) EA $0.00
PAVEMENT MARKER (REFLECTIVE) EA 4.00
100.00 $0.00
REFLECTORS AND POSTS EA
250.00 50.00
STREET SIGNS EA
$0.00
$0.00
TRAFFIC SIGNAL/SIGNS/STRIPING SUBTOTAL $0.00
CED LANDSCAPE IMPROVEMENTS (BONDING PURPOSES ONLY)
$12.00 $0.00
AREA LANDSCAPED S. E. $0.00
CENTER MEDIAN S.F. $12.00
LANDSCAPING IMPROVEMENTS SUBTOTAL $0.00
SUBTOTALS: $16, 614.00
STREET IMPROVEMENT SUBTOTAL
STORM DRAIN IMPROVEMENTS SUBTOTAL $0.00
$0.00
SANITARY SEWER IMPROVEMENTS SUBTOTAL $0.00
TRAFFIC SIGNAL/SIGNS/STRIPING SUBTOTAL
IMPROVEMENT SUBTOTAL $16, 614.00
(*USE THIS TOTAL FOR PLAN CHECK & PERMITTING PURPOSES*) CED LANDSCAPE IMPROVEMENTS $0.00
SUBDIVISION MONUMENT GUARANTEE $1,200 + $50/LOT
1 EA $5,000.00 $5, 000.00
STREET LIGHTS
CUCAMONGA COUNTY WATER DISTRICT FACILITIES
IMPROVEMENT SUBTOTAL $21, 614.00
ADD 35% $7,564.90
BONDING TOTAL $29,178.90
Momniza
C67674,
* *
EXP. 06/30/2623/ CITY OF FONTANA
SATE CIVIL ENGINEERING T
CALIFORNIA
OF • PRELIMINARILY APPROVED
FONTANA
• CONSTRUCTION APPROVED.
• FINAL APPROVED
• CORRECTIONS
• FOR INFORMATION ONLY
BY Henry Pham DATE 10/19/2022
DocuSign Envelope ID: 358F0A63-AAFB-412A-AC5D-93F196533708 APPROVED PUBLIC IMPROVEMENT PLANS:
STREET IMP. DWG. NO. 6220
STREET LIGHT DWG. NO. 6220LT
SEWER IMP. DWG. NO.
STORM DRAIN IMP. DWG. NO.
TRAFFIC SIGNAL DWG. NO.
SIGNING & STRIPING DWG. NO.
To Supersede Markel Insurance Company Bond No. 4461661
Issued in Triplicate
Bond No. 1001199511
Premium S 297a0 mis Ruly Earned
SECURITY BOND FOR FAITHFUL PERFORMANCE OF
SUBDIVISION AGREEMENT
Tract Map No.: 20397
serena VER Crucil of the City of Fontana, State of California, and. (the Agreement) Which is incorporatel) rein entered ence, in ghich Principa 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 ommencing work a good and sufficient payment bond with the City of Fontana to secur faithful performance of the terms of the Agreement.
firmly bound unto the Cry oF fontana palan sut of designed as co prate sure are hold an and 90100 ) to assure faithful performance of all terms and conditions of the 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 20th day of March Serena Village 206 Owner, LLC
PRINCIPAL
al
Leonard S. Miller, Executive Vice President
(NOTARIZATION AND SEAL)
American Contractors Indemnity Company
STRACTORS M. SURETY
INCORPORATED
SEPT. 25, 1990
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
State of California Orange
County of.
On_ April 7, 2025 before me, Stephanie Rossi, Notary Public (insert name and title of the officer)
Leonard S. Miller
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. # 2364235 2
NOTARY PUBLIC-CALIFORNIA I
ORANGE COUNTY
some sliplane Rosse MY COMME JULY 52025,
(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
MAR 2 0 2025
On _ before me, Zyanya Q. Hernandez, Notary Public,
personally appeared Albert Melendez
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 State of California that the foregoing paragraph is true and correct.
ZYANYA Q. HERNANDEZ
Notary Public • California
Orange County WITNESS my hand and official seal.
Commission # 2497409
My Comm. Expires Aug 12, 2028
SIGNATURE Zyanyat
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 Erik Johansson, Jennifer Anaya, Melissa Lopez, Albert Melendez, Christina Rogers, Joaquin Perez, Martha Barreras, Vanessa Ramirez, Zyanya Hernandez or Jonathan Batin of Tustin, California its true and lawful Attorneys)-in-fact, each in their separate capacity if more than one is named above, with full power and authority in its name, place and 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
***** UNLIMITED*****). This Power of Attorney shall expire without further action on April 23rd, 2026. 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 18t day of April 2022. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING OMPANY 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 18th day of April 2022, before me, Sonia O. Carrejo, 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.
SONIA O. CARREJO
WITNESS my hand and official seal. Notary Public - California My Comm. Expires Ape 23, 2026
Signature
I, Kio Lo, Assistant Secretary 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 20th day of March 2025
Corporate Seals MUM NOING
Bond No. 1001199511
EPT. 21, 198
Agency No 19261 - PDF POA Kio Lo, Assistart Secretary
HCCSMANPOA02/2023
visit tmhcc.com/surety for more information
TOKIO MARINE Sur s, guera stret, Sute 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 pandemic, American Contractors Indemnity Company, Texas Bonding Company, United States 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
BONDING
NCORPORATEO
SEPT25.19901
•SATE OF TEND
By: Frank MisTER
Frank Mester, Vice President
Bond validation available at tmhcc.com/surety
HCCSZZM_DIGSEAL04/2020
To Supersede Markel Insurance Company Bond No. 4461661
Issued in Triplicate
Bond No. 1001199511
remium Included In Cost of th
erformance Bon
SECURITY BOND FOR LABOR AND MATERIALS OF
SUBDIVISION AGREEMENT
Tract Map No.: 20397
WHEREAS, the City Council of the City of Fontana, State of California, and_Serena 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 went inferousand One Rundre above referenced sections of the Code of Civil Procedure in the sum of_Seventy Eight Dollars and 90/100 (S 29,178.90 ) 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.
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 laving been duly executed by the Principal and Surety, as evidenced by the signatures of thei luly authorized representatives whose signatures appear below, on thi Serena Village 206 Owner, LLC
PRINCIPAL
ClIM
Leonard S. Miller, Executive Vice President
(NOTARIZATION AND SEAL)
American Contractors Indemnity Company
SURETY
Albert Melendez, Attorney-in-Fact
PENNI (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
On_ April 7, 2025 before me, Stephanie Rossi, Notary Public (insert name and title of the officer)
Leonard S. Miller
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized 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. TATE OF COMM. # 2364235 Z
ORANGE COUNTY
MY COMM. EXP. JULY 5, 2025
soman Stephanie Ross.
(Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange
On MAR 2 0 2025 _ before me, Zyanya Q. Hemandez, Notary Public, personally appeared Albert Melendez
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 State of California that the foregoing paragraph is true and correct.
ZYANYA Q. HERNANDEZ
Notary Public - California
Orange County WITNESS my hand and official seal.
Commission # 2497409
My Comm. Expires Aug 12, 2028
SIGNATURE Byanyat
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:_
Signer(s) 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:
Erik Johansson, Jennifer Anaya, Melissa Lopez, Albert Melendez, Christina Rogers, Joaquin Perez, Martha Barreras, Vanessa Ramirez, Zyanya Hernandez or Jonathan Batin 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
(***** UNLIMITED *****). This Power of Attorney shall expire without further action on April 23d, 2026. 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 18th day of April 2022. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING OMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY State of California
County of Los Angeles By:
GEOF
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 18th day of April 2022, before me, Sonia O. Carrejo, 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.
SOMIA O. CARREJO
WITNESS my hand and official seal.
Howry won a Cantornis
os Anpeles Count
ammisson f 2398711
can Cupo My Comm. Expires Apr 23, 2026
Signature (seal)
I, Kio Lo, Assistant Secretary 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 March
Corporate Seals AND SURET
Bond No. 1001199511
*
Agency No. 19261 - PDF POA Kio Lo. Assistant Secretary
HCCSMANPOA02/2023
visit tmhcc.com/surety for more information
Sur s, Aguera Strod, Sule 700
TOKIO MARINE
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 pandemic, American Contractors Indemnity Company, Texas Bonding Company, United States 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 1s1 day of April 2020.
American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company
BONDIN ARES SURETI
SEPT. 25. 1990
TATE OF TEND
By: Feank METEr
Frank Mester, Vice President
Bond validation available at tmhcc.com/surety
HCCSZZM DIGSEAL04/2020
To Supersede Markel Insurance Company Bond No. 4461661
Issued in Triplicate
Bond No. 1001199511
Premium & reided in out of the
SUBDIVISION WARRANTY OBLIGATION BOND
Tract Map No.: 20397
WHEREAS, The City Council of the City of Fontana, State of California, and,.
WHEREAS, under the terms of the Agreement, Principal is required to file before 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 FIVE THOUSAND EIGHT HUNDRED THIRTY FIVE And 78/100 ($5,835.78 ) to secure the warranty and guarantee of Principal against any defective work or labor or material furnished in connection with the installation and maintenance of the public improvements required by the Agreement.
This bond shall be and remain in full force and effect, and shall indemnify and hold harmless the City of Fontana, its officers, agents and employees until all warranty or guarantee time periods required under the Agreement following performance of all terms, covenants, provisions and conditions of the Agreement, and any agreed upon alterations or additions thereto have expired as to the Principal, his or its heirs, executors, administrators, successors or assigns.
Upon fulfillment of the obligations set forth in the Agreement as specified above, this obligation bond shall become null and void.
As a part of the obligation secured hereby, Principal shall pay, in addition to the face amount of this bond, all costs and reasonable expenses and fees including reasonable attorney's fees incurred by the City of Fontana in successfully enforcing this obligation, as may be awarded by a court of competent jurisdiction in any judgement upon this bond.
The surety hereby stipulates and agrees that no change, extension or time, alteration or addition to the terms of the Agreement or the specifications accompanying it shall in any manner affect its obligation on this bond and surety hereby waives notice of any such change, alteration or addition.
Revised - 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 20th_ day of March 20 25
Serena Village 206 Owner, LLC
PRINCIPAL
he in
Leonard S. Miller, Executive Vice President
(NOTARIZATION AND SEAL)
American Contractors Indemnity 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
April 7, 2025 before me, Stephanie Rossi, Notary Public On
(insert name and title of the officer)
Leonard S. Miller
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.
SEAL OF THE STEPHANIE ROSSI
WITNESS my hand and official seal. COMM. # 2364235 2
THE NOTARANGE COUNT T
ORANGE COUNTY
MY COMM. EXP. JULY 5, 2025
Sane Stephanie Posse (Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
Notary Public or other officer completing this certificate verifies only the identity of the individual who signe he document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that documen tate of California
County of Orange
MAR 2 0 2025
On _ before me, Zyanya Q. Hemandez, Notary Public,
personally appeared Albert Melendez
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 State of California that the foregoing paragraph is true and correct.
ZYANYA Q. HERNANDEZ
Notary Public - California
Orange County WITNESS my hand and official seal.
Commission #2497409
My Comm. Expires Aug 12, 2028
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:
Signer(s) 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: Erik Johansson, Jennifer Anaya, Melissa Lopez, Albert Melendez, Christina Rogers, Joaquin Perez, Martha Barreras, Vanessa Ramirez, Zyanya Hernandez or Jonathan Batin of Tustin, California its true and lawful Attornev(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority 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
***UNLIMITED****). This Power of Attorney shall expire without further action on April 23d, 2026. 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 foilowing 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 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 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 UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY State of California
County of Los Angeles By
CATE OF TEAR 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 1gth day of April 2022, before me, Sonia O. Carrejo, 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 SONIA O. CARREJO
WITNESS my hand and official seal. Notary Puolic - California Mons upe My Comm. Expires Apr 23. 2026
1, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and US. 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 March 2025
Corporate Seals AES SURET
Bond No. 1001199511
Agency No. 19261 - PDF POA Kio Lo, Assistant Secretary
HCCSMANPOA02/2023
visit tmhcc.com/surety for more information
TOKIO MARINE Sur s. Figueroa Stret, 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 pandemic, American Contractors Indemnity Company, Texas Bonding Company, United States 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 PONDING. CONE PONDING C LACE SURE AT
By: Feanu MESTER
Frank Mester, Vice President
Bond validation available at tmhcc.com/surety
HCCSZZM DIGSEAL04/2020