Executed in Triplicate
Bond No. 1083542
Premium $ 11,981.00/2 yrs.
SECURITY BOND FOR FAITHFUL PERFORMANCE OF
SUBDIVISION AGREEMENT
Tract Map No.: 18825
WHEREAS, the City Council of the City of Fontana, State of California, and.
RSI Communities - California LLC ("Principal") have entered into an agreement dated 10/24/17 _the "Agreement") which is incorporated herein by reference, in which Principal has agreed to construct, install and complete certain designated public improvements; and WHEREAS, under the terms of the Agreement, Principal is required to file before commencing work a good and sufficient payment bond with the City of Fontana to secure faithful performance of the terms of the Agreement.
NOW, THEREFORE, Principal and the undersigned as corporate surety, are held and firmly bound unto the City of Fontana in the sum of Eight Hundred Thirty-One Thousand Nine Hundred* ($ 831,992.00 ) to assure faithful performance of all terms and conditions of the Agreement. *Ninety-Two & NO/100ths
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 - 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 ,2017
PRINCIPAL
RSI Communities - California LLC, a
Darius Fatakia Delaware limited liability company
Vice President Land Development
(NOTARIZATION AND SEAL)
SURETY
Lexon Insurance Company
Shane Wolf, Attorney-in-Fact
(NOTARIZATION AND SEAL)
NOTE: Please Attach Notary
Acknowledgement and
Power of Attorney.
Revised - RG - 10/31/16
ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California }
County of Orange }
On_ October 24, 2017 etore me, _ Susan E. Morales Name ar Prue dicer ersonally appeared Shane Wo
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
SUSAN E. MORALES
WITNESS my hand and official seal. COMM. #2101798
) NOTARY PUBLIC - CALIFORNIA Z
ORANGE COUNTY
e. morales My Comm. Expires March 28, 20195:
LOND
Notary Public Signature (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed, should be completed and attached to the document. Acknohvedgents from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. (Title or description of attached document) • State and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signers) personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title (notary public). • Print the name(s) of document signers) who personally appear at the time of CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/shc/they, is /are) or circling the correct forms. Failure to correctly indicate this • Individual (s) information may lead to rejection of document recording.
Corporate Officer • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re-seal if a (Title) sufficient area permits, otherwise complete a different acknowiedgment form.
Partners) • Signature of the notary public must match the signature on file with the office of Attorney-in-Fact Additional information is not required but could help to ensure this Trustee(s) acknowledgment is not misused or attached to a different document.
Other Indicate title or type of attached document, number of pages and date. * Indicate co repriy cate let in CEO CO, started capreity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). 2015 Version www.NotaryClasses.com 800-873-9865 • Securely attach this document to the signed document with a staple.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 438.8832
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California
County of ORANGE )
on NOV: 3. 2017 - before me, Virginia Reeder, Notary Public, personally appeared
Name(s) of Signer(s)
DARIUS FATAKIA,
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 VIRGINIA REEDER is true and correct.
Commission # 2127674
Notary Public - California WITNESS my hand and official seal.
Orange County
My Comm. Expires Oct 20, 2019, Signature Virginia Keeder Signature of Notary Public
Place Notary Seal Above
Executed in Triplicate Bond No. 1083542
Premium Sintance Bond
SECURITY BOND FOR LABOR AND MATERIALS OF
SUBDIVISION AGREEMENT
Tract Map No.: 18825
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 befor commencing work a good and sufficient payment bond with the City of Fontana to secure th claims allowed in California Civil Code Sections 3082 ct seq.
NOW, THEREFORE, Principal and the undersigned as corporate surety, are held firmly bound unto the City of Fontana and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the above referenced sections of the Code of Civil Procedure in the sum of Eight Hundred Thirty-One Thousand* ($ 831,992.00 ) 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. «Nine Hundred Ninety-Two & NO/100ths 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 greement are fully met and performed by the Principal, his or its heirs, executors dministrators, successors or assigns, to the satisfaction of the City of Fontana. Upon fulfillmen 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 - 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 24th_ day of October _ 20 17
PRINCIPAL
Darius Fatakia TSI Communities - California LLC, c
Delaware limited liability company
Vice President Land Development
(NOTARIZATION AND SEAL)
SURETY
Lexon Insurance Company
Shane Wolf, Attorney-in-Fact
(NOTARIZATION AND SEAL)
NOTE: Please Attached Notary
Acknowledgement and
Power of Attorney
Revised - RG - 10/31/16
ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California }
County of Orange }
On_ October 24, 2017 perore me, - Susan E. Morales, Name ary Pradice) personally appeared Shane Wolf
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.
SUSAN E. MORALES
WITNESS my hand and official seal. COMM. #2101798
NOTARY PUBLIC - CALIFORNIA
Susan 1 maules. ORANGE COUNTY
My Comm. Expires March 28, 20197.
Notary Public Signature (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed, should be completed and attached to the document. Acknolwedgents from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. (Title or description of attached document) • State and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signers) personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title (notary public). • Print the name(s) of document signers) who personally appear at the time of CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are) or circling the correct forms. Failure to correctly indicate this • Individual (s)
information may lead to rejection of document recording. • Corporate Officer • The notary seal impression must be clear and photographically reproducibie.
Impression must not cover text or lines. If seal impression smudges, re-seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form.
Partners) • Signature of the notary public must match the signature on file with the office of the county clerk.
Attorney-in-Fact Additional information is not required but could help to ensure this Trustee(s) acknowledgment is not misused or attached to a different document.
Other * Indicate the capacity claimed by the signer. If the claimed capacity is 2 Indicate title or type of attached document, number of pages and date. corporate officer, indicate the title (i.e. CEO, CFO, Secretary). 2015 Version www.NotaryClasses.com 800-873-9865 • Securely attach this document to the signed document with a staple.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 X8-888995988888888588 8.8388 801388238
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of ORANGE )
on Nov. 3,2017 before me, Virginia Reeder, Notary Public, personally appeared
Name(s) of Signers)
DARIUS FATAKIA,
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
VIRGINIA REEDER of the State of California that the foregoing paragraph Commission # 2127674 is true and correct.
Notary Public - California
WITNESS my hand and official seal.
Orange County
My Comm. Expires Oct 20, 2019
Virginia Reeder
Signature
Signature of Notary Public
Place Notary Seal Above
Executed in Triplicate
Bond No. 1083542
Premium $included with the
Performance Bond
SUBDIVISION WARRANTY OBLIGATION BOND
Tract Map No.: 18825
WHEREAS, The City Council of the City of Fontana, State of California, and, RSI Communities - California LLC _("Principal") have entered into an agreement dated _(the "Agreement") which is incorporated herein by referenced, in which Principa las agreed to warrant and guarantee the installation and maintenance of certain designated publi 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 ofOne Hundred Sixty-Six Thousand Three Hundred Ninety-Eight & 40/100ths ($166,398.40 ) 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 - 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 24th day of October _ 20_17
PRINCIPAL
Darius Fatakia RS! Communities - California LLC, a
Delaware limited liability company
Vice President Land Development
(NOTARIZATION AND SEAL)
SURETY
Lexon Insurance Company
Shane Wolf, Attorney-in-Fact
(NOTARIZATION AND SEAL)
NOTE: Please Attached Notary
Acknowledgement and
Power of Attorney
Revised - RG - 10/31/16
ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California }
County of Orange }
On_October 24, 2017. before me, Susan E. Morales, Notary Public (Here insert name and title of the officer)
personally appeared Shane Wolf
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.
SUSAN E. MORALES
WITNESS my hand and official seal. COMM. # 2101798
I NOTARY PUBLIC - GALAFORMA E
ORANGE COUNTY
Susan e. morales My Comm. Expires March 28, 2019 7.
іНДОАМАА ". НА ДИМАНАВ
Notary Public Signature - (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and.
DESCRIPTION OF THE ATTACHED DOCUMENT if needed, should be completed and attached to the document. Acknolvedgents from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. (Title or description of attached document) • State and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signers) personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed • The notary public must print his or her name as it appears within his or her Number of Pages Document Date. commission followed by a comma and then your title (notary public). • Print the name(s) of document signers) who personally appear at the time of CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are) or circling the correct forms. Failure to correctly indicate this • Individual (s) information may lead to rejection of document recording • Corporate Officer • The notary sea impression must be clear and photographically reproducible Impression must not cover text or lines. If seal impression smudges, re-seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form.
Partners) • Signature of the notary public must match the signature on file with the office of Attorney-in-Fact Additional information is not required but could help to ensure this Trustee(s) acknowledgment is not misused or attached to a different document.
Other. ; Indicate title or type of attached document, number of pages and date Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). 2015 Version www.NotaryClasses.com 800-873-9865 • Securely attach this document to the signed document with a staple.
POWER OF ATTORNEY
LX- 310339
Lexon Insurance Company
KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in Louisville, Kentucky, does hereby constitute and appoint: Todd M. Rohm, Cathy S. Kennedy, Beata A. Sensi, Cheryl L. Thomas, Shane Wolf its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON INSURANCE COMPANY on the 1" day of July, 2003 as follows:
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $5,000,000.00, Five Million dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-In- Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Assistant Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company.
IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 5th day of August, 2015.
LEXON INSURANCE COMPANY
SEA BY
David E! Campbell y
President
ACKNOWLEDGEMENT
On this 5th day of August, 2015, before me, personally came David E. Campbell to me known, who be duly sworn, did depose and say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation.
TAYLOR
AMY TAYLOR Any aylor
Nolary Public- State of Tennessee BY _
Davidson County
Mv Commission Expires 07-08-19 Notany Public
CERTIFICATE
1, the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the forgoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force.
- 20OCT OCT 242017
Signed and Seal at Mount Juliet, Tennessee this Day of
SEA! BY -
Andrew Smith
Assistant Secretary
"WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files and application for insurance of laim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material theretc ommits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties.' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 490899898898888080808898 3988
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of ORANGE
on Nov. 3, 2011 before me, Virginia Reeder, Notary Public, personally appeared
Names) of Signers)
DARIUS FATAKIA,
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 VIRGINIA REEDER is true and correct.
Commission # 2127674
Notary Public - California WITNESS my hand and official seal.
Orange County
My Comm. Expires Oct 20, 2019, Virginice eeder
Signature
Signature of Notary Public
Place Notary Seal Above
- PROJECT
LOCATION
MESSINA STREET
Z0T EX.
VIGNTY MAP
PLAN EX MANZ MAN 3 MAN 4
ORENTINE AVENUE HOUSE DIMENSIONS
TRACT NO. 78825
HOUSE RAN MEX
PUN MUMBER OF UNTS X MD X
18%
3 UNTS 6.5% 10X-457
15 UNITS 21% 10%-45X
20 UNTS 26.5x|10%-45%
21 UNITS 28% 10x-45x
TOTAL 76 UNITS 100X
PAPER BIRCH LANE • HOME MONIT CHANGE DUE TO
TRACT NO. 18915
HOUSE PLAN ME
PLAN NUMBER OF UNITS MIX X
2 UNTS 11X 10X-45%
3 UNITS 17X 10%-452
35X 1103-457
7 UNTS 3BX 10X-45X
PARK TOTAL 18 UNTS 100%
• MARKET CONDITION
HORENTINE AVE
HANS
BUILDING SETBACKS
MILAN PLACE
125-0
SUMMIT AVENUE
CRATIC SCAL
DEVELOPER:
сик, 50 поск
PENGEN DORICA
OWNER: CITY OF FONTANA, CALFORNIA
from far
PLOT PLAN
TRACT NO. 18825 &
TRACT NO. 18915