SUBDIVISION IMPROVEMENT AGREEMENT
Tract Map No: 18974
(Date of Subdivision Map Recordation:
of San Bernardino. State of California ("City") and
("Subdivider"):
was
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 se orth in this agreement: anc
WHEREAS, City desires to assure that the proposed improvements will be done in a ood workmanlike manner and in accordance with the laws and standards now in force an ffect in the City, the terms and conditions of which are incorporated herein by reference; anc 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
1. General requirements:
Subdivider shall, at its own cost and expense. provide all required tests, design work, equipment, materials and labor in order to complete all of the mprovements as associated with the requirements per the approve roject or to the satisfaction of the City Engineer of the City of Fontan All required improvements have an estimated cost of construction totaling The estimated cost of construction set forth in Exhibit "A" is for estimation purposes only, and for calculation of the amount of securities Revised - 9G- 10/31/16
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
3. Tlme 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 Subdivider may submit a written request, Exhibit "B", for a discretionar extension of the time for completion of the improvements to the City Engineer 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 Revied-KG- 10/31/16
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 or Subdivider. In the event satisfactory superintendence is not being exercise y the Subdivider, the City Engineer may order suspension of all work within th 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
11. Inspection by City:
Subdivider shall at all times maintain proper facilities and provide safe access for nspection by City to all parts of the work and to the shops where the work is it 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 lamage to the improvements (existing or new) that occurs during the course o vork performed under this Agreement shall he repaired or replaced, by th 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 - RG - 10/31/16
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
17. Repalr or Reconstruetion of Defective Work:
at its own option, make the necessary repairs or replacements or perform the necessary work and offset that amount against any security pledged by Subdivide agreement.
18. Warranty:
Without limiting the foregoing, Subdivider warrants and guarantees: materials om andon and acceptance mere or by ide cly, and pe soing of l equited Final Map monuments
19. Assignment:
This agreement shall not be assignable by Subdivider without written consent of City.
Revised - RG - 10/31/16
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individua who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California San Bernardino
County of
On January 22, 2020 before me, N. Cruz, Notary Public
(insert name and title of the officer)
personally appeared Tayseer Mohamad
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. N. CRUZ
Commission No. 2243656
NOTARY PUBLIC-CALIFORNIA
SAN BERNARDINO COUNTY
My Comm. Expires
Signature C (Seal)
Exhibit "A"
SUBDIVISION IMPROVEMENT
AGREEMENT
INSERT ENGINEER'S
COST ESTIMATE
IN THIS SPOT
Revised - RG - 10/31/16
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
State of California San Bernardino
On January 22, 2020 before me, N. Cruz, Notary Public
(insert name and title of the officer)
personally appeared Tayseer Mohamad
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. N. CRUZ
Commission No. 2243656
NCC: NOTARY PUBLIC-CALIFORNIA G
SAN BERNARDINO COUNTY
My Comm. Expires JUNE 18. 2022
Signature - (Seal)
STAFE USE ONLY
APPROVED ENGINEERING PC NO
FLPC19-025
CITY OF FONTANA
ENGINEBRING DEPARTMENT
COST ESTIMATE **EXHTBIT "A"**
SHEET 1
DATE: 10/23/10
DEVELOPER Misters Development, LIC PROJECT NAME
ENGINEER HP Engineering, inc TRACT MAP NO.. 18974
PHONE NO._ 909 336-8239 PARCEL MAP NO.
STREET IMPROVEMENTS
UNIT
ITEM QUANTITY UNIT COST AMOUNT
5" CURS & GUTTER 481 L.F. 17.00 8222 09
B* CORS & GUTTER L.E. 19.00 4807.00
8' THICK CROSS GUTTER S.F. 11.00 9746.00
4" SIDENALK 4,301 S.F. 5.00 21.505 00
ACCESS RAMP 2. EA 2500.00 5,000.00
DRIVE WAY APPROACHES 900 S.F. 11.00 3,1800.90....
ASPHALI CONCRETE DIKES L. F. 11.00
20G SEAI. 3.F. . 10
IMPORTED EMBANKHENT C.Y. 10.00
PREPARATION OF SUBGRADE 14,490 3.F. . 50 7.205 00
*A.C. 381 TON 90.00 34.200.00
*A. C. OVERLAY 11"MI. THICKNESS) 3,420 3.2. . 80 2736.00 4*PCC CORB ONEY (MEDIAN) D.F. 16,00
ADJUST SEWER MANHOLE TO GRADE. E.A. 500.00
ADJUST SEWER CLEAN OUT TO
GRADE EA 300.00
ADJUST WATER VALVES TO GRADE EA 250.00
BARRICADES L.P. 40.00
2 X 4 REDROOD HEADER I.E. 5.00 45500
*REMOVAL OF A.C. PAVEMENT 342 S. P. • 66 22572
* *AMOVAL OE P.C.C. CURB D.E. 6.00
*REMOVAL OF A,C. BERM 5.F. 5.00
RETAINING WALL H=2 1/2 PT.
OR LESS 40.00
.....
BLOCK WALL H=6 FEET I.F. 50,00
AGGREGATE BASE TON 30.00 14.310.00
GUARD POSTS EA 30.00
GUARD PANEL (WOOD) I.. F. 40.00
SANCUT L.F. 3.50 150
REFLECTORS AND POSTS EA 100.00
STREET SIGNS 2 EA 250.00 500.00
EA
EA
BA
CA
STREET IMPROVENENT SUHTOTAL 120.144.72
* A.C. ASPHALTIC CONCRETE
** P.C.C. PORTLAND CONCREIE CEMENT
BeLsed 12/1/2016 GM/RG
To 2/3020
*
SATE OF CALORD CIVIL
1610%
SHEET 3
TRAFFIC SIGNALS/SIGN/STRIPING
ITEM QUANTITY COST AMOUNT
TRAFFIC SIGNAL NODIFICATION:
L.3. 506
L.3. 100K
TRAFFIC SIGNAL NEG L.S. 250K
PAINT TRAFFIC STRIPE (1 COAT)_. b.P. 2.40 124.20
PAINT TRAPFIC STRIPB(2 CONTS) ,65
PEDESTRIAN CROSSWALK STRIPING L.F. ,65
EA 2.50
PAVEMENT MARKER (REFLECTIVE - RA 4.00 4.00
REFLECTORS AND POSTS BA 100.00
STREET SIGNS EA 250,00
BA
EA
TRAPFIC SIGNAL/SIGNS/31RIPING SUETOTAL 123.90
CED LANDSCAPE IMPROVEMENTS (BONDING PURPOSES ONLT)
ABRA LANDSCAPED 1.302 S.F. $12.00 1010400
CENTER MEDIAN S.E. $12.00
LANDSCAPING IMPROVEMENIS SUBTOZAI 16,704.00
Rewised 12/1/2016 - GM/RO
*Executed in three original counterparts
Bond No. 39K000456
Premium $ 5,847.00
SECURITY BOND FOR FAITHFUL PERFORMANCE OF
SUBDIVISION AGREEMENT
Tract Map No.: 18974
WHEREAS, under the ferms of the Agreement, Principal is required to file before mmencing work a good and sufficient payment bond with the City of Fontana to secu ithful performance of the terms of the Agreemet
NOW, THEREFORE, Principal and the undersigned as corporate surety, are held and firmly bound unto the City of Fontana in the sum of Two Hundred Ninety Two Thousand Three Hundred Fifty Two and 65/100 $ 292.352.65 ) 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 addition bereto, 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 an canner specified in the Agreemen
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 - RG - 10/31/16
IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes as deemed an original, have been duly executed by the Principal and Surety, as evidenced by the signatures of their duly authorized representatives whose signatures appear below, on this 22nd_day of January _2020
Masters Development, LLC
PRINCIPAL
(NOTARIZATION AND SEAL)
The Ohio Casualty Insurance Company
SURETY
Jeff Aase, Attorney-in-Fact
(NOTARIZATION AND SEAL)
NOTE: Please Attach Notary
Acknowledgement and
Power of Attorney.
Revised - RG - 10/31/16
ACKNOWLEDGMENT
A notary public or other officer completing this
State of California
County of San Bernardino
On January 22, 2020 before me, - N. Cruz, Notary Public (insert name and title of the officer)
personally appeared Jeff Aase
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.
N. CRUZ
WITNESS my hand and official seal. Commission No. 2243656
NOTARY PUBLIC-CALIFORNIA
SAN BERNARDINO COUNTY
My Comm. Expires JUNE 18: 2022
Signature. (Seal)
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
Liberty Liberty Mutual Insurance Company
Mutuál. The Ohio Casualty Insurance Company Certificate No: 8201747-024130 West American Insurance Company
SURETY
POWER OF ATTORNEY
NOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, th berty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organiz under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Jeff Aase, Sylvia Caneva, Rachel G. Holbrook, Justin Buenaventura, Kevin John Comstock, Colby Craig, Jeffrey R. Davis, Amber DelCrognale, Oscar Zachary Gallegos, Craig Jorgensen. Jacki Rodman Layfield. Trisha Bella Locke-Zamora, Trisha Bella Locke-Zamora, Alfonso Lujan, William Mingram, Kevin J. Phillips, Daniel P. Phillips.
Thomas J. Rough, John S. Rough, John Strong, John Van Bokkelen, Jennifer Wayne all of the city of Los Angeles state of California each individually if there be more than one named, its true and lawful attomey-in fact to make execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and ail undertakings, bonds, recognizances and other surety obligations, in pursuanc of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this Sth day of _.. August 2019
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
КОПРОРАТИ CASUALTY «CORPORATE INSURANCE CAN West American Insurance Company day. 1912 1919
118381 FOSACHUSE OHIO ТАТИ НАМРЕ Sant ang
INDIANA
THI LS3M By:
David M. Carey, Assistant Secretary
State of PENNSYLVANIA
County of MONTGOMERY sS
2019 before me personally appeared David M. Carey, who acknowiedged himseif to be the Assistant Secretary of Liberty Mutual Insurance Company, The Chio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes g EST therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
IN WITNESS WHEREOF, Thave hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.
COMMONWEALTH OF PENNSYLVANIA
Notarial Scal
Teresa Pastella, Notary Public teresa Pastella
Upper Merion Twp., Montgomery County By:
Not valid for mortgage, note, loan, letter of credit, My Commission Expires March 28, 2021 Teresa Pastella, Notary Public am NOTARY Member, Pennsylvania Associalion of Notaries
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutua of this Insurance Company, and West American Insurance Company which resclutions are now in full force and effect reading as follows:
rate, ARTICLE IV - OFFICERS: Seclion 12. Power of Attorney.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the validity President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall the currency have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. confirm ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in witing by the chairman or the president, and subject to such imitations as the chairman or the president may prescribe, P shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary.
ertificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in act as may be necessary lo act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and ail undertakings, bonds, recognizances and other suret obligations.
Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed.
1, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorey of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 22nd.. day of January 2020•
INSURAN PHSURANCE
«CORPORATE CORPORATE CORPORATE
1912 1919 1991 8
ANTONE By:
ANTON INDIANA Renee C. Liewellyn, Assistant Secretary
ІНД 43aM
LMS-12873 LMIC OCIC WAIC Multi Co_062018
*Executed in three original counterparts
Bond No. 39K00045€
Premium $ Included in Performance Bonc
SECURITY BOND FOR LABOR AND MATERIALS OF
SUBDIVISION AGREEMENT
Tract Map No.: 18974
Masters Development, L Cy Councipath it ofered into stater cheat mai, and, _("Pricipal") have entered into an agreement dated 2L 22, 20 2 he "Agreement") which is incorporated berein by reference, in which Principal has agreed i construct, install and completed certain designated public improvements; and WHEREAS, under the terms of the Agreement, Principal is required to file before commencing work a good and sufficient payment bond with the City of Fontana to secure the claims allowed in California Civil Code Sections 3082 et seg.
NOW, THEREFORE, Principal and the undersigned as corporate surety, are held finnly bound unto the City of Fontana and all contractors, subcontractors, laborers, material men and ther persons employed in the performance of the Agreement and referred to in the aboy eferenced sections of the Code of Civil Procedure in the sum of Two Hundred Ninety Two Thousand Three Hundred Fity Two and 65/10 ($ 292,352.65 ) materials furnished or labor performed of any kind under th greement, or for amounts due under the Unemployment Insurance Act with respect to suc 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 fart in the Agreement as specified above, this obligation bond shall become mull and void.
The surety hereby stipulates and agrees that no change, extension of tine, 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 - RG - 10/31/16
IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original have been duly executed by the Principal and Surety, as evidenced by the signatures of their duly authorized representatives whose signatures appear below, on this 22nd day of_January
Masters Development, LLC
PRINCIPAL
(NOTARIZATION AND SEAL)
The Ohio Casualty Insurance Company
SURETY
Dall
Jeff Aase, Attorney-in-Fact
(NOTARIZATION AND SEAL)
NOTE: Please Attached Notary
Acknowledgement and
Power of Attorney
Revised - RG -- 10/31/16
ACKNOWLEDGMENT
A notary public or other officer completing this
State of California
County of San Bernardino
On January 22, 2020 before me, N. Cruz, Notary Public
(insert name and title of the officer)
personally appeared Jeff Aase
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. N. CRUZ
Commission No. 2243656
NOTARY PUBLIC-CALIFORNIA
SAN BERNARDINO COUNTY
My Comm. Expires JUNE 18: 2022
Signature (Seal)
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
Liberty Liberty Mutual Insurance Company
Mutual. The Ohio Casualty Insurance Company Certificate No: 8201747-024130 West American Insurance Company
SURETY
POWER OF ATTORNEY
OWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, t ety Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organia under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Jeff Aase, Sylvia Caneva, Rachel G. Holbrook, Justin Buenaventura, Kevin John Comstock, Colby Craig, Jeffrey R. Davis, Amber DelCrognale, Oscar Zachary Gallegos, Craig Jorgensen. Jacki Rodman Layfield, Trisha Bella Locke-Zamora, Trisha Bella Locke-Zamora, Alfonso Lujan, William Mingram, Kevin J. Phillips, Daniel P. Phillips, Thomas I. Rough, Join S. Rough, John Strong, John Van Bokkelen, Jennifer Wayne all of the city of Los Angeles state of California each individuaily if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surely and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of Attomey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 5th day of August 2019
Liberty Mutual Insurance Company
INSURANCE The Ohio Casualty Insurance Company
CORPORATE INSURANCE « СОРОКАТСЬ West American Insurance Company day. 1912 1919 1991
OHIO KEN HAMPA ANTON
INCIANA
LS3M By:
guarantees. David M. Carey, Assistant Secretary
State of PENNSYLVANIA
credit, County of MONTGOMERY SS
On this 5th day of August 2019 _before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance value EST
U.
letter of t therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. loan, rate or residual ESA PASTELLA COMMONWEALTH OF PENNSYLVANIA Notarial Seal
Teresa Pastella, Notary Public reca Pastella
Upper Merion Tip., Montgomery County By: Power of.
My Commission Expires March 28, 2021 Teresa Pastella, Notary Public am NOTARY PUBLIS tember, Pennsyivania Associalion of Notaries interest 9:00
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutua af this Not valid for mortgage, note, Insurance Company, and West American Insurance Company which resolulions are now in full force and effect reading as follows:
ARTICLE IV - OFFICERS: Section 12. Power of Attorney. validity between Any officer or olher official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the currency rate, President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall the have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such 10-832-8240 instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. confirm ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, o shall apooint such attornevs-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary.
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
Authorization -By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shail be valid and binding upon the Company with the same force and effect as though manually affixed.
1, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and coireci copy of the Power of Attorney executed by said Companies, is in full force and effect and IN TESTIMONY WHEREOF, have hereunto set my hand and affixed the seals of said Companies this 22nd_ day of January 2020 INSURA
MUTUAL CORFORATE CORPORATE INSURANCE ICAN •CORPORATE
1912 1919 1991
By:
•ADIANT ANTON Renee C. Llewellyn, Assistant Secretary
ANS SOM
LMS-12873 MIC OCIC WA/C Multi Co_062018
*Executed in three original counterparts
Bond No. 39K000456
Premium $.
SUBDIVISION WARRANTY OBLIGATION BOND
Tract Map No.: 18974
Masters eves, ent, Ly Council of the City of pontana, State or Calito an and, _ ("Principal") have entered into an agreement dated T 22 22 2 the "Agreement") which is incorporated herein by referenced, in which Principa has agreed to warrant and guarantee the installation and maintenance of certain designated public WHEREAS, under the terms of the Agreement, Principal is required to file before acceptance of Improvements by the City of Fontana a good and sufficient payment bond with the City of Fontana to secure the performance of its warranty and guarantee obligation under the Agreement.
NOW, THEREFORE, Principal and the undersigned as corporate surety, are held firmly bound unto the City of Fontana in the sum of Two Hundred Ninety Two Thousand Three Hundred Fifty Two and 65/100 ($ 292,352.65) 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 abligation 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 - RG - 10/31/16
IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, Masters Development, LLC
PRINCIPAL
(NOTARIZATION AND SEAL)
The Ohio Casualty Insurance Company
SURETY
Jeff Aase, Attorney-in-Fact
(NOTARIZATION AND SEAL)
NOTE: Please Attached Notary
Acknowledgement and
Power of Attorney
Revised - RG - 10/31/16
ACKNOWLEDGMENT
A notary public or other officer completing this
ertificate verifies only the identity of the individu
ho signed the document to which this certificate
attached, and not the truthfulness, accuracy, o
validity of that document
State of California
County of San Bernardino
On_ January 22, 2020 before me, _ N. Cruz, Notary Public (insert name and title of the officer
personally appeared Jeff Aase
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.
N. CRUZ
WITNESS my hand and official seal. Commission No. 2243656
NOTARY PUBLIC-CALIFORNIA
SAN BERNARDINO COUNTY
My Comm. Expires JUNE 18: 2022
Signature (Seal)
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
Liberty Liberty Mutual Insurance Company
Mutuál. The Ohio Casualty Insurance Company Certificate No: 8201747-024130 West American Insurance Company
SURETY
POWER OF ATTORNEY
under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Jeff Aase.
Sylvia Caneva, Rachel G. Hoibrook, Justin Buenaventura, Kevin John Comstock, Colby Craig, Jeffrey R. Davis, Amber DelCrognale, Oscar Zachary Gallegos, Craig Jorgensen, Jacki Rodman Layfield, Trisha Bella Locke-Zamora, Trisha Bella Locke-Zamora, Alfonso Luian, William Mingram, Kevin J. Phillips, Daniel P. Phillips, Thomas J. Rough, John S. Rough, John Strong, John Van Bokkelen, Jennifer Wayne IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this day of - August 2019
Liberty Mutual Insurance Company
INSURANCE The Ohio Casualty Insurance Company
CASUALTY CORPORATE Nest American Insurance Compan
1912 1919
ANTINOD
INDIANA
LS3M By:
guarantees. David M. Carey, Assistant Secretary ST on anv business dav.
State of PENNSYLVANIA
SS
County of MONTGOMERY
On this 5th day of August 2019 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance letter of credit, Compary, The Ohio Casuaity Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes g therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. loan,
COMMONWEALTH OF PENNSYLVANIA
interest rate or residual value Notarial Seal Teresa tastella Teresa Paslalta, Notary Public
note, Uper Merion Tip., Montgomery County By:
My Commission Expires March 29, 2021 Teresa Pastella, Notary Public am NOTARY PUBLIC Member, Pennsylvania Assocation of Notarles validity of this Power of Attorney :00
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutua Insurance Company, and West American insurance Company which resolutions are now in full force and effect reading as follows:
between
ARTICLE IV - OFFICERS: Section 12. Power of Attorney.
Not valid for mortgage Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the currency rate, President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowiedge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attomey, shall the have full power to bind the Corporation by their signature and execution of any such instruments and to attach therelo the seal of the Corporation. When so executed, such 832-8240 instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the firm provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary.
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
Authorization- By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed.
1, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Compary, and West American Insurance Company do hereby certify that the original power of attomey of which the foregoing is a full, tree and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 22nd _day of January 2020
INSURANCE
MUTUAL CORPORAT ERIGAN ACRPORATED
1912 1919 1991 Ranitely,
By:
INDIANA Renee C. Llewellyn, Assistant Secretary
SEAS
LMS-12873 LMIC OCIC WAIC Multi Co_062018