DOC #2023035769 Page 11 of 192
or partial acceptance of the public improvements by CITY, the City Clerk shall file with the Recorder's Office of the County of San Luis Obispo, a notice of completion for the accepted public improvements in accordance with California Civil Code Section 9204, at which time the accepted public improvements shall become the sole and exclusive property of CITY without payment therefor. Notwithstanding the foregoing, CITY may not accept any improvements unless and until SUBDIVIDER provides one (1) set of "as-built" or record drawings or plans to the City Engineer for all such improvements. The drawings shall be certified and shall reflect the condition of the improvements as constructed, with all changes incorporated therein.
17. Lien. To secure the timely performance of SUBDIVIDER's obligations under this Agreement, including those obligations for which security has been provided pursuant to this Agreement, SUBDIVIDER hereby creates in favor of CITY a lien against all portions of the Property not dedicated to CITY or some other governmental agency for a public purpose. As to SUBDIVIDER's default on those obligations for which security has been provided pursuant to this Agreement, CITY shall first attempt to collect against such security prior to exercising its rights as a contract lienholder under this Section.
18. Indemnity/Hold Harmless. CITY or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of SUBDIVIDER, its agents or employees in the performance of this Agreement. SUBDIVIDER further agrees to protect, indemnify, and hold harmless CITY, its officials and emp~oyees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions of SUBDIVIDER, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said Subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. Acceptance by CITY of the improvements shall not constitute an assumption by the CITY of any responsibility for any damage or taking covered by this paragraph.
CITY shall not be responsible for the design or construction of the Subdivision or the improvements pursuant to the approved improvement plans or map, regardless of any negligent action or inaction taken by CITY in approving the plans or map, unless the particular improvement design was specifically required by CITY over written objection by SUBDIVIDER submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. After acceptance of the improvements, SUBDIVIDER shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect, and to be responsible for maintenance and care of the improvements for one year. Provisions of this paragraph shall remain in full force and effect for 10 years following the acceptance by CITY of improvements. It is the intent of this section that SUBDIVIDER shall be responsible for all liability for design and construction of the improvements installed or work done pursuant to this Agreement and SUBDIVIDER approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. The improvement security shall not be required to cover the provisions of this paragraph. 11 82479.04004\3146013 l.4
Exhibit A
DOC #2023035769 Page 12 of 192
SUBDIVIDER shall provide CITY with a certificate of insurance in the aggregate amount of $1,000,000.00 and in a form acceptable to the City Engineer as set forth in Section 19, below.
19. Insurance.
a. Types: Amounts. SUBDIVIDER shall procure and maintain, and shall require its contractors and subcontractors to procure and maintain, during construction of any public improvement pursuant to this Agreement, insurance of the types and in the amounts described below ("Required Insurance") and without limiting the indemnity provisions of this Agreement. If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than three times the specified occurrence limit. For purposes of this Section 14.0, et seq., the "indemnified parties" shall mean CITY, its elected officials, officers, employees, agents, and volunteers, as described in this Agreement. The Required Insurance shall contain standard separation of insureds provisions, and shall contain no special limitations on the scope of its protection to CITY, its elected officials, officers, employees, agents, and volunteers,
i. Commercial General Liability. SUBDIVIDER, its
contractors and subcontractors shall procure and maintain Commercial General Liability Insurance that affords coverage at least as broad as the latest version of Insurance Services Office "occurrence" form CG 0001, with minimum limits ofat least One Million Dollars ($1,000,000,00) per occurrence, and if written with an aggregate, the aggregate shall be double the per occurrence limit. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) products and completed operations; (2) contractual liability; (3) third party action over claims; (4) cross liability exclusion for claims or suits by one insured against another; or (5) explosion, collapse, or underground hazard (XCU).
11. Automobile liability. SUBDIVIDER and its contractors and subcontractors shall procure and maintain automobile liability insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1) and miti.imum limits of One Million Dollars ($1,000,000.00) each accident. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any vehicle owned, leased, hired, or borrowed by the insured or for which the insured is responsible, If SUBDIVIDER does not own any company vehicles and ifrequested by, this requirement may be satisfied by providing a non-owned auto endorsement to the Commercial General Liability policy. 111. Workers' Compensation. SUBDIVIDER, its contractors and subcontractors shall procure and maintain workers' compensation insurance with limits as required by the Labor Code of the State of California and Employers' Liability Insurance of not less than One Million Dollars ($1,000,000.00) per accident for bodily injury and disease. iv. Professional Liability. If applicable to this Agreement and required by CITY, for any consultant or other professional who will engineer or design the public improvements, professional liability insurance for errors and omissions with limits not less than One Million Dollars ($1,000,000.00) per occurrence, shall be procured and maintained for a period of three (3) years following completion of the public improvements and shall specifically include all work to be performed under the Agreement. If coverage is written on a claims-made basis, the 12 82479.04004\31460131.4
Exhibit A
DOC #2023035769 Page 13 of 192
retroactive date shall precede the effective date of the initial Agreement, and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination of this Agreement.
b. Deductibles. Any deductibles or self-insured retentions must be approved by CITY in writing and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
c. Certificates; Verification. SUBDIVIDER and its contractors and subcontractors shall furnish CITY with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by CITY prior to the execution of this Agreement and before work pursuant to this Agreement can begin. CITY reserves the right to require complete, certified copies of all required insurance policies at any time.
d. Insurer Rating. Unless approved in writing by CITY, the insurers for all Required Insurance shall have a current A.M. Best rating of at least A:VIII, shall be authorized to do business in the State of California, and shall be satisfactory to CITY. e. Endorsements.
i. The Commercial General Liability, Automobile Liability, and Contractors Pollution Liability policies, if the latter is required by City, shall be endorsed as follows:
82479.04004\3146013 l.4
Additional Insured: The indemnified parties shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of this Agreement, The "Additional Insured Endorsement" shall be on a form similar to Insurance Services Office's Endorsement form CG 2010 and contain no other
modifications to the policy.
Primary Insurance: This insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. , Severability: In the event one insured, whether named or additional, incurs liability to any other of the insureds, whether named or additional, the policy shall cover the insured against whom the claim is made or may be made in the same manner as if separate policies had been issued to each insured, except that the limits of insurance shall not be increased thereby.
Cancellation: The policy shall not be canceled or the coverage suspended, voided, reduced, or allowed to expire until a thirty (30) 13 Exhibit A
DOC #2023035769 Page 14 of 192
day prior written notice of cancellation has been served upon CITY, except ten (10) days prior written notice shall be allowed for nonpayment of premium.
Duties: Any failure by the named insured to comply with report provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the indemnified parties.
Applicability: That the coverage provided therein shall apply to the obligations assumed by SUBDIVIDER, its contractors or
subcontractors under the indemnity provisions of this Agreement, unless the policy or policies contain a blanket form of contractual liability coverage.
f. The Workers' Compensation policy or policies required by this Agreement shall be endorsed as follows:
Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.
Cancellation: The policy shall not be canceled or the coverage suspended, voided, reduced, or allowed to expire until a thirty (30) day prior written notice of cancellation has been served upon CITY, except ten (10) days prior written notice shall be allowed for nonpayment of premium, g. The Professional Liability policy or policies required by this Agreement, ifrequired by City, shall be endorsed as follows:
Cancellation: The policy shall not be canceled or the coverage suspended, voided, reduced, or allowed to expire until a thirty (30) day prior written notice of cancellation has been served upon CITY, except ten (10) days prior written notice shall be allowed for nonpayment of premium.
20. Sale or Disposition of Subdivision. Sale or other disposition of this Property will not relieve SUBDIVIDER from the obligations set forth herein. SUBDIVIDER agrees to notify CITY in writing at least 30 days in advance of any actual or pending sale or other disposition of the Property. If SUBDIVIDER sells the Property or any portion of the Property within the Subdivision to any other person, SUBDIVIDER may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, SUBDIVIDER may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve SUBDIVIDER of the obligations under Paragraph 17 for the work or improvement done' by SUBDIVIDER.
21. Time of the Essence. Time is of the essence of this Agreement. 14 82479.04004\3146013 l.4
Exhibit A
DOC #2023035769 Page 15 of 192
22. Time for Commencement of Work/Time Extensions. SUBDIVIDER shall commence substantial construction of the improvements required by this Agreement not later than nine (9) months prior to the time for completion as set forth in Section of this Agreement. In the event SUBDIVIDER is unable to complete the improvement work by the deadline, a written request to extend the deadline shall be submitted to the City Engineer at least four (4) weeks in advance of the deadline, arid said request will be presented to the City Council for consideration.
At that time, the City Council shall have the option of terminating or extending this Agreement. If an extension of the deadline is allowed, the City Council may require additional securities, including, but not limited to, forfeitable cash deposits, to guarantee construction of the public improvements by the extended deadline. The City Council shall be the sole and final judge as to whether or not good cause has been shown to entitle SUBDIVIDER to an extension. Delay, other than delay in the commencement of work, resulting from an act of CITY, or by an act of God, which SUBDIVIDER could not have reasonably foreseen, or by storm or inclement weather which prohibits the conducting of work, and which were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for an extension of the time for completion. As a condition of such extension, the City Manager may require SUBDIVIDER to furnish new security guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer.
23. No Vesting of Rights. Performance by SUBDIVIDER of this Agreement shall not be construed to vest SUBDIVIDER's rights with respect to any change in any zoning or building law or ordinance.
24. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is filed with CITY:
CITY:
SUBDIVIDER:
Surety:
82479.04004\3146013 l.4
City of El Paso de Robles
1000 Spring Street
Paso Robles, CA 93446
Attn: OLSEN RANCH 212 LLC
179 NIBLICK RD #166
PASO ROBLES, 93446
EVEREST NATIONAL INSURANCE
COMPANY
Warren Corporate Center, 100 Everest Way,
Warren, New Jersey, 07059
15 Exhibit A
DOC #2023035769 Page 16 of 192
25. Severability. The provisions of this Agreement are severable, If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties.
26. Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction, or meaning of any provisions of this Agreement.
27. Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the parties' activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of San Luis Obispo, California. Each party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, SUBDIVIDER expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394.
28. Litigation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this Agreement, the prevailing party shall be entitled to litigation costs and reasonable attorneys' fees,
29. Incorporation of Recitals. The Recitals to this Agreement are hereby incorporated into the terms of this Agreement.
30. Entire Agreement. This Agreement constitutes the entire Agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. In the case of CITY, the appropriate party shall be the City Manager. [Signatures on following page]
16 82479.04004\3146013 l .4
Exhibit A
DOC #2023035769 Page 17 of 192
IN WITNESS WHEREOF, this Agreement is executed by CITY, by and through its City Manager.
CITY:
ATTEST:
Melissa Boyer, City Clerk
Approved as to Form:
By: ,:f6,,,.Ld/.. Mt~' 1/u,d'
Elizabeth Hull,' ity Attorney
SUBDIVIDER:
82479.04004\31460131.4
CITY OF EL PASO DE ROBLES
By:-----------
Ty Lewis, City Manager
OLSEN RANCH 212, LLC
C1B·
Name: Danny Brose
Title: Principal, Olsen Ranch 212, LLC
Exhibit A
DOC #2023035769 Page 18 of 192
IN WITNESS WHEREOF, this Agreement is executed by CITY, by and through its City Manager.
CITY:
ATTEST:
~·-~~ yer, City ~
Approved as to Form:
By:------------
Elizabeth Hull, City Attorney
SUBDIVIDER:
82479.04004\3146013 l.4
OLSEN RANCH 212, LLC
Name: Danny Brose
Title: Principal, Olsen Ranch 212, LLC
Exhibit A
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 San Luis Obispo )
DOC #2023035769 Page 19 of 192
On ive.YrLbni IL/ 1 Zo23 before me Melissa Boyer, Notary Public '---------------- (insert name and title of the officer)
personally appeared Tv Lewis '
who proved to me on thefbasis 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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
Exhibit A
OFFICIAL CALIFORNIA NOTARIAL CERTIFICATE
ACKNOWLEDGEMENT
DOC #2023035769 Page 20 of 192
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 ~ Wilts Ob1Sf)D
On~\(}\) lo,w2~ before me, t<O'J(..eY\ 6u)a,vk NUNL:J f?.,1,ld,c, personally appeared D(A;v, '[\_ \..,,/ BY-OS.<'._ , 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.
(Seal)
Signature ct\~ ~~
Exhibit A
TRACT3153
EXHIBIT A
LEGAL DESCRIPTION
DOC #2023035769 Page 21 of 192
IN THE CITY OF PASO ROBLES, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA BEING A SUBDIVISION OF TRACT 3152 AS RECORDED IN BOOK 40 OF MAPS AT PAGES 44 TO 51, INCLUSIVE, SAN LUIS OBISPO COUNTY RECORDS.
TRACT3154
IN THE CITY OF PASO ROBLES, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA BEING A SUBDIVISION OF TRACT 3155 AS RECORDED IN BOOK 40 OF MAPS AT PAGES 52 TO 62, INCLUSIVE, SAN LUIS OBISPO COUNTY RECORDS. 82479.04004\3146013 l.4
Exhibit A
DOC #2023035769 Page 22 of 192
EXHIBITB
LIST OF PUBLIC IMPROVEMENTS AND COST ESTIMATES
TRACT NO. 3024-4
82479.04004\31460131.4
Exhibit A
DOC #2023035769 Page 23 of 192
CITY OF EL PASO DE ROBLES
"The Pass of the Oaks"
PERFORMANCE BOND
PROJECT NO.: Vinedo Frontage W/Out PA 13
DEVELOPER: Olsen Ranch 2121 LLC
PERFORMANCE BOND NO: ES00016276
Premium: $57,440.00
WHEREAS, the City Council of the City of El Paso de Robles, State of California, and Olsen Ranch 212 LLC (hereinafter designated as
"Principal") have entered into a Subdivision Improvement Agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, and identified as project Vinedo Frontage W/Out PA 13 , is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said Agreement to furnish a bond for the faithful performance of said agreement.
NOW, THEREFORE, we the Principal and Everest National Insurance Company , as surety, are held firmly bound unto the City of El Paso de Robles, a municipal corporation of the State of California, hereinafter called "City", in the penal sum of Two Million fight Hundred Seventy-Two Thousand and No/100 dollars ($ 2 872 000.00 ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a -part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
Page I of2
Exhibit A
DOC #2023035769 Page 24 of 192
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder of the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration of addition to the terms of the agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this
and surety above named, on ------'==~=--'--------...;,,1---.a,---/-------;/''- B
Surety: Everest National Insurance Company
By: f11~:;tl. ;( ~<-
Cheryl L. Thomas, Attorney-In-Fact
1340 Treat Blvd Ste 450
Address
Walnut Creek CA 94597
Address
ACKNOWLEDGMENT
} ss.
L6o__ ko.e. 6rbVCS) ~L~Q.v\.l?u.,b\; <..
(here insert name and title of the officer)
personally appeared (::),os 0
who proved to me on the basis of sa actory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged e that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the is true and correct. ,-. ... ~w~..,.._..._.._.....,.".""'._."'f OVES
Witness my hand and official seal.
Signature ~ ~\..J:YV'--t,.a
Performance Bond
05/08
-A-See Attached
California Notary
Acknowledgement
lifornia
Exhibit A
DOC #2023035769 Page 25 of 192
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed th.e document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
County of San Luis Obispo
On 10/25/2023 before me, Lisa Kae Groves, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared Danny Brose
NAME(S) OF SIGNER(S)
who proved to nie 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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
~~~ (NOTARY SEAL)
SIGNATURE OF NOTARY PUBLIC
~eeee+sead'tetrfit~ > LISA KAE GROVES
: .f ~ Notary Public - California 2
~ /J San Luis Obispo County ~
z ~ <? Commission# 24<11117 -
c,,, •'' My Comm. Expires Mar 12, 2027
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL
0 CORPORATE OFFICER
TITLE(S)
0 PARTNER(S) 0 LIMITED
D GENERAL
0 ATTORNEY-IN-FACT
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 OTHER
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
Performance Bond
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
JQ/24/2023
DATE OF DOCUMENT
Cheryl I, Thomas
SIGNER(S) OTHER THAN NAMED ABOVE
NONJC-069
01/01/2015
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CEB' 1· Essential ceb.com 0 FonnsPage 1 of1
Exhibit A
D,OC #2023035769 Page 26 of 192
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 _O_r_a~ng-e _______ _
On October 24, 2023 before me, W. Walker, Notary Public (Here insert name and title of the officer) personally appeared _C_h_e_,ryc_l_L_. _T_ho_m_as _______________ _, who proved to me on the basis of satisfactory evidence to be the personfsj whose name~ islat=e subscribed to the within instrument and acknowledged to me that he-/she/they executed the same in hisfher/,ti;eir authorized capacityfies:}, and that by his-/herlthefr signatureEs} on the instrument the personts}, or the entity upon behalf of which the person~ acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WIJN~SS my hand and official seal.
/U.~
~-----------·l ~ W. WALKER
: Notary Public - California z i .. R1versi de County ~ i Commission# 2325818 -
My Comm. Expires Mar 30, 2024
Notary Public Signature (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
Olsen Ranch 212, LLC
(Title or description of attached document)
Performance Bond
(Title or description of attached document continued)
Number of Pages _2_ Document Date 10/24/23
CAPACITY CLAIMED BY THE SIGNER
□ Individual (s)
□ Corporate Officer
(Title)
□ Partner(s)
0 Attorney-in-Fact
□ Trustee(s)
□ Other __________ _
::'G15 Version v,tW\N No!aryC/ass.es.com 800-873-8865
INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknolwedgentsji-om 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. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which 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 commission followed by a comma and then your title (notary public). • Print the narne(s) of document signer(s) who personally appear at the time of notarization.
• 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 information may lead to rejection of document recording. • 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 sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk.
❖ Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. ❖ Indicate title or type of attached document, number of pages and date. ❖ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple.
Exhibit A
DOC #2023035769 Page 27 of 192
Exhibit A
DOC #2023035769 Page 28 of 192
everest"'
POWER OF ATTORNEY
EVEREST NATIONAL INSURANCE COMPANY
KNOW ALL PERSONS BY THESE PRESENTS: That Everest National Insurance Company, a corporation of the State of Delaware ("Company") having its principal office located at Warren Corporate Center, 100 Everest Way, Warren, New Jersey, 07059, do hereby nominate, constitute, and appoint:
Shane Wolf, Cathy S. Kennedy, Beata A. Sensi, Cheryl L. Thomas, Todd M. Rohm, Wrenetta Walker its true and lawful Attomey(s)-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all bonds and undertakings in the nature thereof, for the penal sum of no one of which is in any event to exceed UNLIMITED, reserving for itself the full power of substitution and revocation.
Such bonds and undertakings, when duly executed by the aforesaid Attomey(s)-in-fact shall be binding upon the Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal.
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of Company ("Board") on April 21, 2016:
RESOLVED, that the President, any Executive Vice President, and any Senior Vice President are hereby appointed by the Board as authorized to make, execute, seal and deliver for and on behalf of the Company, any and a// bonds, undertakings, contracts or obligations in surety or co-surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest to the execution of any such bonds, undertakings, contracts or obligations in surety or co-surety and attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the President, any Executive Vice President, and any Senior Vice President are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute, on behalf of the Company, bonds and undertakings in surety or co-surety with others, and that the Secretary or any Assistant Secretary of the Company be, and that each of them is hereby authorized to attest the execution of any such power of attorney, and to attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect lo any bond, undertaking, contract or obligation in surety or co-surety with others to which it is attached.
IN WITNESS WHEREOF, Everest National Insurance Company has caused their corporate seals to be affixed hereto, and these presents to be signed by their duly authorized officers this 15th day of February 2023.
Everest Reinsurance Company
By: Anthony Romano, Senior Vice President
On this 15th day of February 2023, before me personally came Anthony Romano, known to me, who, being duly sworn, did execute the above instrument; that he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto; and that he executed said instrument by like order.
LINDA ROBINS
Notary Public, State of New York
No 01 R06239736 Qualified in Queens County
Term Expires April 25, 2027
Linda Robins, Notary Public
I, Sylvia Semerdjian, Secretary of Everest National Insurance Company do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporation as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATION, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, this 24th day of October 202~.
By: Sylvia Semerdjian, Secretary
ES 00 01 04 16
Exhibit A
PROJECT NO.:
DEVELOPER:
PAYMENT BOND NO.:
PAYMENT BOND
Vinedo Frontage W/Out PA 13
Olsen Ranch 212, LLC
ES00016276
Premium: included in Performance Bond
DOC #2023035769 Page 29 of 192
WHEREAS, the City Council of the City of El Paso de Robles, State of California, and Olsen Ranch 212, LLC (hereinafter designated as "Principal") have entered into a Subdivision Improvement Agreement, whereby Principal agrees to install and complete certain designated public improvements, which said agreement, and identified as project Vinedo Frontage W/Out PA 13 , and is hereby referred to and made a part hereof; and WHEREAS, under the terms of said Agreement, "Principal" is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of El Paso de Robles, a municipal corporation of the State of California, to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.
NOW, THEREFORE, said "Principal" and the undersigned as corporate surety, are held firmly bound unto the City of El Paso de Robles and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid Agreement and referred to in the aforesaid Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Two Million Eight Hundred Seventy-Two Thousand and No/100 dollars ($ 2,872,000.00), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
Exhibit A
DOC #2023035769 Page 30 of 192
CITY OF EL PASO DE ROBLES
A MASTER~ PAYMENT BOND
PAGE20F3
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (Commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specification accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition.
IN WITNESS, WHEREOF, this instrument has been duly executed by the "Principal" and surety above named, on October 24
By: '
Principal
Everest National Insurance Company
Surety
~ Cheryl t.
L. Thomas,
~ Attorney-In-Fact
1340 Treat Blvd. Ste. 450, Walnut Creek, CA 94597
Address
(SIGNATURES MUST BE NOTARIZED)
Exhibit A
ACKNOWLEDGMENT
DOC #2023035769 Page 31 of 192
CITY OF EL PASO DE ROBLES
A MASTER-PAYMENT BOND
PAGE 3 OF 3
(here insert name and title of the officer)
personally appeared _____ ----"',.------------------------ who proved to me on the basis o atisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument an knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and t by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the pers s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws o
paragraph is true and correct.
State of California that the foregoing
Witness my hand and official seal. *~ee Attached
Cal,fomia Notary
Signature --------------~Cknow/edgement
ACKNOWLEDGMENT
State of __________ _
County of __________ } ss.
On---------~ before me, ___________________ _
(here insert name and title of the officer)
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 behalfofwhich the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
Witness my hand and official seal.
Signature ***See Attached CA All Purpose Acknowledgment*** Exhibit A
DOC #2023035769 Page 32 of 192
CALIFORNIA ALL-PURPOSE 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 San Luis Obispo
On 10/25/2023 before me, Lisa Kae Groves, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared Danny Brose
NAME(S) OF SIGNER(S)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
~~~~ (NOTARY SEAL)
SIGNATURE OF NOTARY PUBLIC
J : e e e n 7,s~~ G:ov;s e s f :;: -; Notary Public - California ~ ;;; San Luis Obispo County i
/ 1 Commission # 2441117 -
My Comm. Expires Mar 12, 2027
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL
0 CORPORATE OFFICER
TITLE(S)
0 PARTNER(S) 0 LIMITED
0 GENERAL
0 ATTORNEY-IN-FACT
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
D OTHER
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
Payment Band
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
J Q/?4/2023
DATE OF DOCUMENT
Cheryl I, Thomas
SIGNER(S) OTHER THAN NAMED ABOVE
NONJC-069
01/01/2015
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
crn• 1 Essential ceb.com ~FormsPage 1 of1
Exhibit A
DOC #2023035769 Page 33 of 192
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 _O_r_a_n_ge _______ _
On October 24, 2023 before me, W. Walker, Nota!Y Public (Here insert name and title of the officer) personally appeared _C_h_e ..... ry"-I_L_._T_h_o_m_a_s _______________ _ who proved to me on the basis of satisfactory evidence to be the person~ whose name~ isfat=e subscribed to the within instrument and acknowledged to me that he/she/they executed the same in htsfher/#letf authorized capacityfies:}, and that by hfs-/herlthetf signaturefsJ on the instrument the person~, or the entity upon behalf of which the person~ acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 5 jl # C C C C C WITNESS my hand and official seal.
W. WALKER f
Notiry Public - California
Riverside County J
Commission# 2325818 -
Y Comr--. Expires Mar 30, 2024
Notary Public Signature (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
Olsen Ranch 212, LLC
(Title or description of attached document)
Payment Bond
(Title or description of attached document continued)
Number of Pages _2_ Document Date 10/24/23
CAPACITY CLAIMED BY THE SIGNER
□ Individual (s)
□ Corporate Officer
(Title)
□ Partner(s)
0 Attorney-in-Fact
□ Trustee(s)
□ Other _________ _
:::'.015 ·Jers1on www .NotaryC;lc1sses.con1 800-873-9665 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Ackno/wedgentsfrom other states may be completed for documents being sell/ to that state so long as the wording does not require the California notary to violate Califomia notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which 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 commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization.
• . Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. lie/she/~ is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • 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 sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk.
❖ Additional information is not required but- could help to ensure this acknowledgment is not misused or attached to a different document. ❖ Indicate title or type of attached document, number of pages and date. ❖ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple.
Exhibit A
DOC #2023035769
Exhibit A
DOC #2023035769 Page 35 of 192
POWER OF ATTORNEY
EVEREST NATIONAL INSURANCE COMPANY
KNOW ALL PERSONS BY THESE PRESENTS: That Everest National Insurance Company, a corporation of the State of Delaware ("Company") having its principal office located at Warren Corporate Center, 100 Everest Way, Warren, New Jersey, 07059, do hereby nominate, constitute, and appoint:
Shane Wolf, Cathy S. Kennedy, Beata A. Sensi, Cheryl L. Thomas, Todd M. Rohm, Wrenetta Walker its true and lawful Attomey(s)-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all bonds and undertakings in the nature thereof, for the penal sum of no one of which is in any event to exceed UNLIMITED, reserving for itself the full power of substitution and revocation.
Such bonds and undertakings, when duly executed by the aforesaid Attomey(s)-in-fact shall be binding upon the Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal.
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of Company ("Board") on April 21, 2016:
RESOLVED, that the President, any Executive Vice President, and any Senior Vice President are hereby appointed by the Board as authorized to make, execute, seal and deliver for and on behalf of the Company, any and all bonds, undertakings, contracts or obligations in surety or co-surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest to the execution of any such bonds, undertakings, contracts or obligations in surety or co-surety and attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the President, any Executive Vice President, and any Senior Vice President are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney ta execute, an behalf of the Company, bonds and undertakings in surety or co-surety with others, and that the'Secretary or any Assistant Secretary of the Company be, and that each of them is hereby authorized to attest the execution of any such power of attorney, and to attach thereto the corporate sea/ of the Company.
RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be affixed to such powers of attorney or ta any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking, contract or obligation in surety ar co-surety with others to which it is attached.
IN WITNESS WHEREOF, Everest National Insurance Company has caused their corporate seals to be affixed hereto, and these presents to be signed by their duly authorized officers this 15th day of February 2023.
Everest Reinsurance Company
By: Anthony Romano, Senior Vice President
On this 15th day of February 2023, before me personally came Anthony Romano, known to me, who, being duly sworn, did execute the above instrument; that he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto; and that he executed said instrument by like order.
LINDA ROBINS
Notary Public, State of New York
No 01 RD6239736
Qualified in Queens County
Term Expires April 25, 2027
Linda Robins, Notary Public
I, Sylvia Semerdjian, Secretary of Everest National Insurance Company do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporation as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATION, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, this 24th day of October 202~.
By: Sylvia Semerdjian, Secretary
ES 00 01 04 16
Exhibit A
DOC #2023035769 Page 36 of 192
COUNTY OF SAN LUIS OBISPO
DEPARTMENT OF PUBLIC WORKS
Standard Unit Costs for Project Security (Performance Bond) Project: VINEDO FRONTAGE W/OUT PA13
Prepared by:_J_LB __________________ _
Firm Name: RICK ENGINEERING
Date: October 19, 2023
PRICE INDEX BASELINE, 2011 CAL TRANS INDEX=
. 2nd Quarter 2021 PRICE INDEX =
51.6 92.0 Caltrans
-ENGINEER'S SEAL10/25/23
Engineer's signature date
page 1 of 11
-RESULTSSubtotal
Cost Index Factor
Adjusted Subtotal
Inflation (10%)
Administration (20%-40%)
Adjusted Subtotal
Contingency (10%)
TOTAL SECURITY TO BE POSTED:
(rounded to the nearest $100)
$1,126,947.28
1.78 $2,008,412.25
$200,841.22
$401,682.45
$2,610,935.92
$261,093.59
$2,872,000
revised 6/1/2022
Exhibit A
DOC #2023035769 Page 37 of 192
SITE PREPARATION: SEC. 2-1 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL--:--" CLEARING AND GRUBBING $0.03 SF - TREE REMOVAL $300.00 EA - CONCRETE REMOVAL s.w. $3.25 SF - CONCRETE REMOVAL C&G $10.00 LF - GRIND HOT MIX ASPHALT $1.03 SF $4,250 - DISPOSAL OF HOT MIX ASPHALT $50.00 CY $360 - OTHER REMOVAL (SPECIFY) - ABANDON WELL $1,650.00 EA - ABANDON SEPTIC SYSTEM $500.00 EA - DISPOSAL OF CUii BASE $29.00 CY $360 - EXCAVATION 0-1000 CY $22.00 CY $500 - 1000-20000 CY $15.00 CY - > 20000 CY $9.00 CY - IMPORT 0-1000 CY $31.00 CY $500 - 1000-20000 CY $22.00 CY - > 20000 CY $12.00 CY - FINE GRADING $0.30 SF - -
-
-
-
-
-
-
-
-
-
-
-
-
- Subtotal -
page 2 of 11
Exhibit A
DOC #2023035769 Page 38 of 192
ROADWAYS: SEC. 3-1 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL'• ,, ' HOT MIX ASPHALT IN PLACE 2" $1.95 SF $800 - HOT MIX ASPHALT IN PLACE 3" $2.90 SF $800 - HOT MIX ASPHALT IN PLACE 4" $3.70 SF $800 30220 111,814.00 HOT MIX ASPHALT IN PLACE 5" $4.90 SF $800 - HOT MIX ASPHALT IN PLACE 6" $5.60 SF $800 34704 194,342.40 HOT MIX ASPHALT IN PLACE $135 TON $800 - CLASS AGG. BASE 4" $0.87 SF - CLASS AGG. BASE 6" $1.30 SF - CLASS AGG. BASE 8" $1.75 SF - CLASS AGG. BASE 10" $2.10 SF - CLASS AGG. BASE 12" $2.50 SF - CLASS AGG. BASE 18" $3.70 SF 30220 111,814.00 CLASS AGG. BASE $35.00 TON - CROSS GUTTER AND SPANDREL D-5 $17.00 SF 2058 34,986.00 GEOTEXTLE FABRIC $1.00 SF - SEAL COAT/SLURRY SEAL $0.60 SF - CHIP SEAL $2.00 SF - SAW CUT CONCRETE $4.00 LF $250 - SAW CUT HMA $2.17 LF $250 2654 5,759.18 CLASS II AGG. BASE 20.5" $4.50 SF 34704 156,168.00
-
-
-
-
-
-
-
-
-
-
- Subtotal 614,883.58
page 3 of 11
Exhibit A
DOC #2023035769 Page 39 of 192
ROAD EDGES: SEC. 4-1 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL ,_ ·-,
DRIVEWAY APPROACH- CONCRETE (B-2,3) $9.00 SF - DRIVEWAY APPROACH- HMA (B-1) $5.50 SF - HANDICAP RAMP C-5 $13.00 SF 2035 26,455.00 CURB AND GUTTER 6" (C-2) $22.00 LF 2519 55,418.00
CURB ONLY C-2A $16.00 LF - HOT MIX ASPHALT DIKE C-3 $10.00 LF $800 - SIDEWALK C-4 $10.00 SF 12605 126,050.00 GUARDRAIL $40.00 LF - STREET TREE WELL M-5 $700.00 EA - DECOMPOSED GRANITE WALKWAY $1.50 SF $625 - -
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
- Subtotal • 207)9.~/tOO
page 4 of 11
Exhibit A
DOC #2023035769 Page 40 of 192
STORM DRAIN: SEC. 5-1 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL ..
CURB INLET D-2 $3,900 EA 2 7,800.00
RURAL INLET D-2A,B $1,700 EA - CULVERT PIPE 15" $38.00 LF 1000 38,000.00 CULVERT PIPE 18" $60.00 LF - CULVERT PIPE 24" $80.00 LF - CULVERT PIPE 30" $90.00 LF - CULVERT PIPE 36" $105.00 LF - CULVERT PIPE 48" $135.00 LF -
CULVERT PIPE 60" $150.00 LF - HEADWALL (CAL TRANS D89) 15"-36" PIPE $3,420.00 EA 1 3,420.00 HEADWALL -WING TYPE (D89) 18"-60" $4,800.00 EA - UNDERDRAIN (SIDEWALK) D-4A, D-4B $1,500.00 EA - UNDERDRAIN (SIDEWALK) PIPE D-4 $500.00 EA - RIP-RAP DISSIPATER 0.25 TON, H-5 $150.00 CY - RIP-RAP DISSIPATER 0.5 TON, H-5 $160.00 CY - RIP-RAP DISSIPATER 1 TON, H-5 $170.00 CY - RIP-RAP DISSIPATER 2 TON, H-5 $180.00 CY - OVERSIDE DRAIN, (CALTRANS) HMA $320.00 EA - CONCRETE V-DITCH (SLOPE) $40.00 LF - MANHOLE D-3 8' DEPTH $4,500 EA 3 13,500.00 TIE TO EX. MANHOLE $2,000 EA -
UNDERGROUND BASIN STORMTECH $8.00 CF $500 -
-
-
-
-
-
-
-
-
-
Subtotal 62,720.00
page 5 of 11
Exhibit A
DOC #2023035769 Page 41 of 192
WATER SUPPLY: SEC. 6-1 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL; WATER SERVICE AND METER BOX W-4 $1,700.00 EA - RAISE WATER METER $400.00 EA - WATER MAIN 6" $50.00 LF - WATER MAIN 8" $58.00 LF 132 7,656.00 WATER MAIN 10" $68.00 LF - WATER MAIN 12" $92.00 LF - WATER MAIN 14" $106.00 LF - WATER MAIN 16" $120.00 LF - HOT TAP 6" $1,998.00 EA - HOT TAP 8" $2,238.00 EA - HOT TAP 10" $3,219.00 EA - GATE VALVE 4" $514.00 EA - GATE VALVE 6" $1,500.00 EA - GATE VALVE 8" $2,056.00 EA 8 16,448.00 FIRE HYDRANT W-2 $4,800.00 EA 3 14,400.00
RELOCATE FIRE HYDRANT $2,280.00 EA - BLOWOFF ASSEMBLY W-5 $2,000.00 EA - AIR RELIEF VALVE W-6, 1" $1,550.00 EA 2 3,100.00 AIR RELIEF VALVE W-6, 2" $2,370.00 EA - AIR RELIEF VALVE W-6,4" $5,285.00 EA - WATER SAMPLING STATION W-7 $1,250.00 EA - THRUST BLOCKS W-1, 6" $275.00 EA - THRUST BLOCKS W-1, 8" $385.00 EA 5 1,925.00 THRUST BLOCKS W-1, 10" $484.00 EA - THRUST BLOCKS W-1, 12" $714.00 EA - STEEL WATER TANK WELDED $1.50 PER GAL - STEEL WATER TANK BOLTED $1.00 PER GAL - -
-
-
Subtotal 4;J;(j29.9,Q
page 6 of 11
Exhibit A
DOC #2023035769 Page 42 of 192
WASTEWATER DISPOSAL: SEC. 7-1 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL· .. · .....
SEWER LATERAL, TIE IN S-3 $1,350.00 EA -
SEWER LATERAL, TIE IN STEEP S-3a $1,600.00 EA -
SEWER CLEANOUT S-2 $1,500.00 EA -
SEWER MAIN (BACKFILL TYPE) 6" NATIVE $35.00 LF -
SEWER MAIN (BACKFILL TYPE) 8" NATIVE $50.00 LF 655 32,750.00 SEWER MAIN (BACKFILL TYPE) 6" IMPORT $40.00 LF -
SEWER MAIN (BACKFILL TYPE) 8" IMPORT $60.00 LF -
SEWER MAIN (BACKFILL TYPE) 12" IMPORT $75.00 LF -
SLURRY BACKFILL $19.00 LF - MANHOLE TYPICAL (S-1) $4,500.00 EA 2 9,000.00 MANHOLE DROP (S-1A) $5,400.00 EA - TIE TO EXISTING MANHOLE $2,000.00 EA 1 2,000.00 FORCE MAIN 4" OR LESS $40.00 LF - ADJUST MANHOLE COVER $535.00 EA - -
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
- Subtotal 43,'1,50,0Q
page 7 of 11
Exhibit A
DOC #2023035769 Page 43 of 192
UTILITIES: SEC. 8-1 TYPE UNIT COST UNIT .MINIMUM QUANTITY TOTAi; ':<"~/{,, JOINT TRENCH P-4 $40.00 LF - GAS TRENCH $24.00 LF - PIPE JACKING (BORING) 6" PIPE OR LESS $120.00 LF - SERVICE POLE RELOCATE $1,000.00 EA - TELEPHONE POLE RELOCATE $2,500.00 EA - ELECTRIC POLE RELOCATE $6,000.00 EA - JUNCTION POLE RELOCATE $9,000.00 EA - UNDERGROUND + JP RELOCATE $15,000.00 EA - INSTALL SIDEWALK GUY $1,300.00 EA - STREET LIGHTS $5,000.00 EA 6 30,000.00 GUY ANCHOR ONLY RELOCATE $1,800.00 EA - GUY POLE AND ANCHOR RELOCATE $3,100.00 EA - -
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
- ' ,,
' Subtotal 30/Q0({Q0
page 8 of 11
Exhibit A
DOC #2023035769 Page 44 of 192
TRAFFIC CONTROL: SEC. 9-1 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL TRAFFIC STRIPING THERMOPLASTIC $3.00 SF BULK ---., - TRAFFIC STRIPING PAINT $0.60 LF - TRAFFIC STRIPING THERMOPLASTIC $1.20 LF 4280 5,136.00 REMOVE STRIPING $3.00 LF - TRAFFIC MARKING $1.25 SF -
STOP + STREET NAME SIGNS M-4 $600.00 EA 6 3,600.00
STREET NAME SIGN ONLY M-4 $300.00 EA - BARRICADE METAL (M-2) $1,300.00 EA - BARRICADE WOOD (M-2A) $80.00 LF 225 18,000.00 MARKERS AND DELINEATORS $32.00 EA - CONSTRUCTION AREA SIGNS $400.00 EA - TRAFFIC CONTROL % OF IMPV. 3% EA 1188600 35,658.00 -
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
- Subtotal 62,J94.00
page 9 of 11
Exhibit A
DOC #2023035769 Page 45 of 192
EROSION CONTROL: SEC.1.1.2.J & APP.B TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL.· ,,' .·, SAND OR GRAVEL BAG $3.00 EA 700 2,100.00
JUTE MAT $0.35 SF - STRAW MAT $0.28 SF - STRAW BALE BARRIER $5.24 LF - STRAW BALE INLET BARRIER $3.53 LF 4490 15,849.70 SILT FENCE $2.81 LF - FIBER ROLLS $1.96 LF -
FIBER MAT $0.40 SF -
HYDROSEED $0.33 SF -
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
- Subtotal 17;9'49.!0
page 10 of 11
Exhibit A
DOC #2023035769 Page 46 of 192
MISCELLANEOUS TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAk'·, ,·, ·-., __ '.:
CHAIN LINK FENCE 6'NEW $35.00 LF -
OTHER FENCE LF - GATE $721.00 EA -
LANDSCAPE AND IRRIGATION $2.00 SF $500 21899 43,798.00
MONUMENT WELLS M-1, M-1A $700.00 EA -
RETAINING WALLS CMU/POURED $38.00 SF (FACE WALL) - RETAINING WALLS GRAVITY $28.00 SF (FACE WALL) - -
-
-
-
-
-
-
-
-
-
-
-
-
- J
-
-
-
-
-
-
-
-
-
- I-_· : _,:_,,· :·/··,, : Subtotal 437£18:PO
page 11 of 11
Exhibit A
DOC #2023035769 Page 47 of 192
CITY OF EL PASO DE ROBLES
"The Pass of the Oaks"
PERFORMANCE BOND
PROJECT NO.: Vinedo Offsite Sewer
DEVELOPER: Olsen Ranch 212, LLC
PERFORMANCE BOND NO: ES00016282
Premium: $51,934.00
WHEREAS, the. City Council of the City of El Paso de Robles, State of California, and Olsen Ranch 212, LLC • (hereinafter designated as
"Principal") have entered into Agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, and identified as project Vjnedo Offsjte Sewer , is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said Agreement to furnish a bond for the faithful performance of said agreement.
NOW, THEREFORE, we the Principal and Everest National Insurance Company, as surety, are held firmly bound unto the City of El Paso de Robles, a municipal corporation of the State of California, hereinafter called "City", m the penal sum of Two Million Five Hundred Ninety-Six Thousand Seven Hundred and No/10odollars ($ 2 596 700.00 ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
Page I of2
Exhibit A
DOC #2023035769 Page 48 of 192
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder of the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration of addition to the terms of the agreement or to the work or to the specifications.
Surety: Everest National Insurance Company
By: C/._w~ X. 77Lf'rll~
Cheryl L. Tomas, Attorney-In-Fact
1340 Treat Blvd. Ste. 450
Address
Walnut Creek, CA 94597
Address
ACKNOWLEDGMENT
(here insert name and title of the officer)
personally appeared _____ __, _______________________ _ who proved to me on the basis of satis ory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)
which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State is true and correct.
Witness my hand and official seal.
Signature ______________ _
Performance Bond
05/08
*See Attached
California Notary
Acknowledgement iSec1.I 1
Exhibit A
DOC #2023035769 Page 49 of 192
CALIFORNIA ALL-PURPOSE 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,
accurac , or validity of that document.
State of California
County of San Luis Obispo
On 10/27/2023 before me, Lisa Kae Groves, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared Danny Brose
NAME(S) OF SIGNER(S)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
L~~L~ (NOTARY SEAL)
SIGNATURE OF NOTARY PUBLIC
OPTIONAL
nocnecen
LISA KAE GROVES f
otary Public• California
San Luis Obispo County !
Commission # 2441117 -
omm. Expires Mar 12, 2027
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
IX) INDIVIDUAL
0 CORPORATE OFFICER
TITLE(S)
D PARTNER(S) D LIMITED
D GENERAL
0 ATTORNEY-IN-FACT
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
D OTHER
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
Performance Bond
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
10/26/2023
DATE OF DOCUMENT
Cheryl I, Thomas
SIGNER(S) OTHER THAN NAMED ABOVE
NONJC-069
01/01/2015 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
cm· 11:ssentia~ ceb.com . ~ Forms
Exhibit A
DOC #2023035769 Page 50 of 192
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 _O_r_a_n..._ge _______ _ }
On October 26, 2023 before me, W. Walker, Notary Public (Here insert name and tiUe of the officer) personally appeared Cheryl L Thomas --~---------------------------- who proved to me on the basis of satisfactory evidence to be the person~ whose name~ isfafe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in msfher/#tetf authorized capacity~, and that by -his-/herlthefr signaturefsJ on the instrument the personfsJ, or the entity upon behalf of which the person~ acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 1••eeoeeeeeeel : " ,. Notary Public• Ciilifornia z
WITNESS my hand and official seal.
AJ.~
Notary Public Signature (Notary Public Seal)
,,. W. WALKER
f Riverside County !
Commission# 2325818
o•,.,• My Comr,,. Expires Mar 30, 202"4
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
DESCRIPTION OF THE ATTACHED DOCUMENT
Olsen Ranch 212 LLC
(Title or description of attached document)
Performance Bond #: ES00016282
(Title or description of attached document continued)
Number of Pages _2_ Document Date 10/26/23
CAPACITY CLAIMED BY THE SIGNER
□ Individual (s)
□ Corporate Officer
(Title)
□ Partner(s)
0 Attorney-in-Fact
□ Trustee(s)
□ Other _________ _
:=015 Version wwv,1.NOtaryClasses.corn 300-873-9i365
This form complies with cun·ent California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknolwedgents ji-om 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. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which 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 commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization.
• Indicate the correct singular or plural forms by crossing off incorrect fonns (i.e. he/she/they, is /aFe) or circling the correct forms. Failure to correctly indicate this infonnation may lead to rejection of document recording. • 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 sufficient area permits, otheiwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. '
❖ Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. ❖ Indicate title or type of attached document, number of pages and date. ❖ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple.
Exhibit A
DOC #2023035769 Page 51 of 192
Exhibit A
DOC #2023035769 Page 52 of 192
LJ...everest'"
POWER OF A HORNEY
EVEREST NATIONAL INSURANCE COMPANY
KNOW ALL PERSONS BY THESE PRESENTS: That Everest National Insurance Company, a corporation of the State of Delaware ("Company") having its principal office located at Warren Corporate Center, 100 Everest Way, Warren, New Jersey, 07059, do hereby nominate, constitute, and appoint:
Shane Wolf, Cathy S. Kennedy, Beata A. Sensi, Cheryl L. Thomas, Todd M. Rohm, Wrenetta Walker its true and lawful Attomey(s)-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all bonds and undertakings in the nature thereof, for the penal sum of no one of which is in any event to exceed UNLIMITED, reserving for itself the full power of substitution and revocation.
Such bonds and undertakings, when duly executed by the aforesaid Attomey(s)-in-fact shall be binding upon the Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal.
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of Company ("Board") on April 21, 2016:
RESOLVED, that the President, any Executive Vice President, and any Senior Vice President are hereby appointed by the Board as authorized to make, execute, seal and deliver for and on behalf of the Company, any and all bonds, undertakings, contracts or obligations in surety or co-surety with others and that the Secretary or any Assistant Secretary of the Company t;,e and that each of them hereby is authorized to attest to the execution of any such bonds, undertakings, contracts or obligations in surety or co-surety and attach thereto the corporate seal of the Company.
RESOL VEO, FURTHER, that the President, any Executive Vice President, and any Senior Vice President are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute, on behalf of the Company, bonds and undertakings in surety or co-surety with others, and that the Secretary or any Assistant Secretary of the Company be, and that each of them is hereby authorized to attest the execution of any such power of attorney, and to attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking, contract or obligation in surety or co-surety with others to which it is attached.
IN WITNESS WHEREOF, Everest National Insurance Company has caused their corporate seals to be affixed hereto, and these presents to be signed by their duly authorized officers this 15th day of February 2023.
Everest Reinsurance Company
By: Anthony Roman·o, Senior Vice President
On this 15th day of February 2023, before me personally came Anthony Romano, known to me, who, being duly swam, did execute the above instrument; that he knows the seal of said Company; that the seal affixed to the'aforesaid instrument is such corporate seal and was affixed thereto; and that he executed said instrument by like order.
LINDA ROBINS
Notary Public, State of New York
No 01 RD6239736
Qualified In Queens County
Term Expires April 251 2027
Linda Robins, Notary Public
I, Sylvia Semerdjian, Secretary of Everest National Insurance Company do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporation as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATION, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, this 26th day of October 202~.
By: Sylvia Semerdjian, Secretary
ES00010416
Exhibit A
DOC #2023035769 Page 53 of 192
PAYMENT BOND
PROJECT NO.: Vinedo Offsite Sewer
DEVELOPER: Olsen Ranch 212, LLC
PAYMENT BOND NO.: ES00016282
Premium: included in Performance Bond
WHEREAS, the City Council of the City of EI Paso de Robles, State of California, and Olsen Ranch 212 LLC (hereinafter designated as "Principal") have entered into a Subdivision Agreement, whereby Principal agrees to install and complete certain designated public improvements, which said agreement, and identified as project Vinedo Offsite Sewer hereby referred to and made a part hereof; and
, and is
WHEREAS, under the terms of said Agreement, "Principal" is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of El Paso de Robles, a municipal corporation of the State of California, to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.
NOW, THEREFORE, said "Principal" and the undersigned as corporate surety, are held firmly bound unto the City of El Paso de Robles and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid Agreement and referred to in the aforesaid Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Two Million Five Hundred Ninety-Six Thousand Seven Hundred dollars ($ 2,596,700.00), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
Exhibit A
DOC #2023035769 Page 54 of 192
CITY OF EL PASO DE ROBLES
ES00016282(2)
PAGE2OF3
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (Commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. .. • The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specification accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition.
and surety above named, on October 26
Principal • Everest National Insurance Company
CA 0£:/, t . 7lvx,a fuSurety Ctieryl L Thomas, Attorney-In-Fact 1340 Treat Blvd. Ste. 450, Walnut Creek, CA 94597
Address
(SIGNATURES MUST BE NOTARIZED)
Exhibit A
ACKNOWLEDGMENT
DOC #2023035769 Page 55 of 192
CITY OF EL PASO DE ROBLES
ES000 16282(2)
PAGE3OF3
(here insert name and title of the officer)
personally appeared ______ _____::,.....,_ ____________________ _ who proved to me on the basis of sat1s tory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ackno dged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acte , I certify under PENAL TY OF PERJURY under the laws of the State of paragraph is true and correct.
Witness my hand and official seal.
Signature ______________ _
ACKNOWLEDGMENT
State of ___________ } ss.
County of _________ _
~-see Attached
California Notary
Acknowledgement (Seal)
On---------~ before me, ___________________ _
(here insert name and title of the officer)
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.
Signature ***See Attached CA All Purpose Acknowledgment*** (Seal)
Exhibit A
DOC #2023035769 Page 56 of 192
CALIFORNIA ALL-PURPOSE 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 San Luis Obispo
On 10/27/2023 before me, Lisa Kae Groves, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared Danny Brose
NAME(S) OF SIGNER(S)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
L~C;_~~ (NOTARY SEAL)
SIGNATURE OF NOTARY PUBLIC
~•eeeeeoeeeee~
~ -~~-~~,,.~ LISA KAE GROVES
~ Jil,,. _"'·.~~ Notary Public• California I ~ . -; San Luis Obispo County ~ l i • .\' Commission It 2441117 ( 1 c,,,,a••'' My Comm. Expires Mar 12, 2027 f
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
[Z) INDIVIDUAL
0 CORPORATE OFFICER
TITLE(S)
0 PARTNER(S) 0 LIMITED
0 GENERAL
0 ATTORNEY-IN-FACT
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
D OTHER
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
Payment Band
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
JQ/?6/2023
DATE OF DOCUMENT
Cheryl J, Thomas
SIGNER(S) OTHER THAN NAMED ABOVE
NONJC-069
01/01/2015
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
cm· I Essential
ceb.com l mForms·
Exhibit A
DOC #2023035769 Page 57 of 192
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 _O_r_a_n_ge _______ _
On October 26, 2023 before me, _w_._W_a_lk_e_r~•-N--,~,r!cc~,-,-~,",s-,-,ert~~:-:-a~=-~=-a==1 ~-:,-~"'t1tl""e-::,ot"'1h=-=-e-=ott,,,.ic=-=-e"r)----~
personally appeared _C_h_e_,ry,_I_L_T_h_o_m_as ________________ _ who proved to me on the basis of satisfactory evidence to be the personfs7 whose name~ isfare subscribed to the within instrument and acknowledged to me that he/she/ti=tey executed the same in h+slher/#\etf authorized capacityftes], and that by m/herftheif signaturefs-1 on the instrument the personEs:}, or the entity upon behalf of which the personEs:} acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public Signature (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
Olsen Ranch 212 LLC
(Title or description of attached document)
Payment Bond #: ES00016282
(Title or description of attached document continued)
Number of Pages _3_ Document Date 10/26/23
CAPACITY CLAIMED BY THE SIGNER
□ _Individual (s)
□ Corporate Officer
(Title)
□ Partner(s)
0 Attorney-in-Fact
□ Trustee(s)
□ Other _________ _
INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknolwedgentsfi-0111 other states may be completed for documents being sent to that state so long as the wording does not require the California nota,y to violate California nota1y law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which 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 commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. oo/she/they, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • 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 sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk.
❖ Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. ❖ Indicate title or type of attached document, number of pages and date. ❖ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple.
Exhibit A
DOC
Exhibit A
#2023035769 Page 58 of 192
DOC #2023035769 Page 59 of 192
11...everest™
POWER OF ATTORNEY
EVEREST NATIONAL INSURANCE COMPANY
KNOW ALL PERSONS BY THESE PRESENTS: That Everest National Insurance Company, a corporation of the State of Delaware ("Company") having its principal office located at Warren Corporate Center, 100 Everest Way, Warren, New Jersey, 07059, do hereby nominate, constitute, and appoint:
Shane Wolf, Cathy S. Kennedy, Beata A. Sensi, Cheryl L. Thomas, Todd M. Rohm, Wrenetta Walker its true and lawful Attomey(s)-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all bonds and undertakings in the nature thereof, for the penal sum of no one of which is in any event to exceed UNLIMITED, reserving for itself the full power of substitution and revocation.
Such bonds and undertakings, when duly executed by the aforesaid Attorney(s)-in-fact shall be binding upon the Company as fully and to the same extent as if such bonds and undertakings were signed by the President and _Secretary of the Company and sealed wtth its corporate seal.
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of Company ("Board") on April 21, 201 6:
RESOLVED, that the President, any Executive Vice President, and any Senior Vice President are hereby appointed by the Board as authorized to make, execute, seal and deliver for and on behalf of the Company, any and all bonds, undertakings, contracts or obligations in surety or co-surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest to the execution of any such bonds, undertakings, contracts or obligations in surety or co-surety and attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the President, any Executive Vice President, and any Senior Vice President are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute, on behalf of the Company, bonds and undertakings in surety or co-surety with others, and that the Secretary or any Assistant Secretary of the Company be, and that each of them is hereby authorized to attest the execution of any such power of attorney, and to attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect ta any bond, undertaking, contract or obligation in surety or co-surety with others to which it is attached.
IN WITNESS WHEREOF, Everest National Insurance Company has caused their corporate seals to be affixed hereto, and these presents to be signed by their duly authorized officers this 15th day of February 2023.
Everest Reinsurance Company
By: Anthony Romano, Senior Vice President
On this 15th day of February 2023, before me personally came Anthony Romano, known to me, who, being duly sworn, did execute the above instrument; that he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto; and that he executed said instrument by like order.
LINDA ROBINS
Notary Public, State of New York
No 01 R06239736
Qualified In Queens County
Term Expires April 25, 2027
Linda Robins, Notary Public
I, Sylvia Semerdjian, Secretary of Everest National Insurance Company do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporation as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATION, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, this 26th day of October 202~.
By: Sylvia Semerdjian, Secretary
ES 00 01 0416
Exhibit A
DOC #2023035769 Page 60 of 192
Vinedo Backbone Sewer Project Cost Estimate. 10/30/23
COUNTY OF SAN LUIS OBISPO
DEPARTMENT OF PUBLIC WORKS
Standard Unit Costs for Project Security (Performance Bond) Project: ___________________ _
Prepared by: ___________________ _
Firm Name: -------------------- Date: October 30, 2023
PRICE INDEX BASELINE, 2011 CAL TRANS INDEX=
4th Quarter 2020 PRICE INDEX=
51.6 100.0 Caltrans
-ENGINEER'S SEAL10/30/2023
Engineer's signature date
page 1 of-11
-RESULTSSubtotal
Cost Index Factor
Adjusted Subtotal
Inflation (10%)
Administration (20%-40%)
Adjusted Subtotal
Contingency (10%)
TOTAL SECURITY TO BE POSTED:
(rounded to the nearest $100)
$936,976.25
1.94 $1,815,845.45
$181,584.54
$363,169.09
$2,360,599.08
$236,059.91
$2,596,700
revised 9/1 /17
Exhibit A
DOC #2023035769 Page 61 of 192
SITEPREPARATION: SEC. 2-1 - ----- '"'"'""'- TYPE --UNIT COST -- UNIT·-·---· - MINIMUM • ·- • QUANTITY- ---- TOTAL-.---- CLEARING AND GRUBBING $0.03 SF - TREE REMOVAL $300.00 EA 3 900.00 CONCRETE REMOVAL S.W. $3.25 SF 245 796.25
CONCRETE REMOVAL C&G $10.00 LF 110 1,100.00
GRIND HOT MIX ASPHALT $1.03 SF $4,250 -
DISPOSAL OF HOT MIX ASPHALT $50.00 CY $360 - OTHER REMOVAL (SPECIFY) - ABANDON WELL $1,650.00 EA - ABANDON SEPTIC SYSTEM $500.00 EA -
DISPOSAL OF CUii BASE $29.00 CY $360 -
EXCAVATION 0-1000 CY $22.00 CY $500 - 1000-20000 CY $15.00 CY - > 20000 CY $9.00 CY - IMPORT 0-1000 CY $31.00 CY $500 - 1000-20000 CY $22.00 CY - > 20000 CY $12.00 CY - FINE GRADING $0.30 SF -
- SEWER DEMOLITION/DISPOSAL $20.00 4780 95,600.00
SEWER ABANDONMENT/SLURRY BACKFILL $25.00 200 5,000.00
MANHOLE (4') DEMOLITION $500.00 17 8,500.00
-
-
-
-
-
-
-
-
-
-
Subtotal 111,896.25
page 2 of 11
Exhibit A
DOC #2023035769 Page 62 of 192
ROADWAYS: SEC. 3-1 'TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL HOT MIX ASPHALT IN PLACE 2" $1.95 SF $800 - HOT MIX ASPHALT IN PLACE 3" $2.90 SF $800 - HOT MIX ASPHALT IN PLACE 4" $3.70 SF $800 - HOT MIX ASPHALT IN PLACE 5" $4.90 SF $800 -
HOT MIX ASPHALT IN PLACE 6" $5.60 SF $800 -
HOT MIX ASPHALT IN PLACE $135 TON $800 - CLASS AGG. BASE 4" $0.87 SF - CLASS AGG. BASE 6" $1.30 SF - CLASS AGG. BASE 8" $1.75 SF - CLASS AGG. BASE 10" $2.10 SF - CLASS AGG. BASE 12" $2.50 SF - CLASS AGG. BASE 18" $3.70 SF - CLASS AGG. BASE $35.00 TON - CROSS GUTTER AND SPANDREL D-5 $17.00 SF - GEOTEXTLE FABRIC $1.00 SF - SEAL COAT/SLURRY SEAL $0.60 SF -
CHIP SEAL $2.00 SF - SAW CUT CONCRETE $4.00 LF $250 -
SAW CUT HMA $2.17 LF $250 -
-
-
-
-
-
-
-
-
-
-
-
-
Subtotal <
-
page 3 of 11
Exhibit A
DOC #2023035769 Page 63 of 192
ROAD EDGES: SEC. ~'.'1 .· ""• .TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL DRIVEWAY APPROACH - CONCRETE (8-2,3) $9.00 SF - DRIVEWAY APPROACH - HMA (8-1) $5.50 SF - HANDICAP RAMP C-5 $13.00 SF - CURB AND GUTTER 6" (C-2) $22.00 LF 40 880.00
CURB ONLY C-2A $16.00 LF 75 1,200.00
HOT MIX ASPHALT DIKE C-3 $10.00 LF $800 - SIDEWALK C-4 $10.00 SF 245 2,450.00 GUARDRAIL $40.00 LF - STREET TREE WELL M-5 $700.00 EA - DECOMPOSED GRANITE WALKWAY $1.50 SF $625 -
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
- .,• '< Subt9tal ... 4,530.00
page 4 of 11
Exhibit A
DOC #2023035769 Page 64 of 192
STORM DRAIN: SEC. 5~1 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL CURB INLET D-2 $3,900 EA - RURAL INLET D-2A,B $1,700 EA - CULVERT PIPE 15" $38.00 LF - CULVERT PIPE 18" $60.00 LF - CULVERT PIPE 24" $80.00 LF - CULVERT PIPE 30" $90.00 LF - CULVERT PIPE 36" $105.00 LF - CULVERT PIPE 48" $135.00 LF - CULVERT PIPE 60" $150.00 LF - HEADWALL (CAL TRANS D89) 15"-36" PIPE $3,420.00 EA - HEADWALL -WING TYPE (D89) 18"-60" $4,800.00 EA - UNDERDRAIN (SIDEWALK) D-4A, D-4B $1,500.00 EA - UNDERDRAIN (SIDEWALK) PIPE D-4 $500.00 EA - RIP-RAP DISSIPATER 0.25 TON, H-5 $150.00 CY· - RIP-RAP DISSIPATER 0.5 TON, H-5 $160.00 CY - RIP-RAP DISSIPATER 1 TON, H-5 $170.00 CY -
RIP-RAP DISSIPATER 2 TON, H-5 $180.00 CY - OVERSIDE DRAIN, (CAL TRANS) HMA $320.00 EA - CONCRETE V-DITCH (SLOPE) $40.00 LF - MANHOLE D-3 8' DEPTH $4,500 EA - TIE TO EX. MANHOLE $2,000 EA - UNDERGROUND BASIN STORMTECH $8.00 CF $500 -
-
-
-
-
-
-
-
-
-
' ' ,·· , Subtotal -
page 5 of 11
Exhibit A
DOC #2023035769 Page 65 of 192
WATER SUPPLY: SEG. s:1 • '.; TYPE' UNIT COST UNIT MINIMUM· QUANTITY TOTAL WATER SERVICE AND METER BOX W-4 $1,700.00 EA - RAISE WATER METER $400.00 EA - WATER MAIN 6" $50.00 LF -
WATER MAIN 8" $58.00 LF - WATER MAIN 10" $68.00 LF - WATER MAIN 12" $92.00 LF - WATER MAIN 14" $106.00 LF - WATER MAIN 16" $120.00 LF - HOT TAP 6" $1,998.00 EA -
HOT TAP 8" $2,238.00 EA - HOT TAP 10" $3,219.00 EA - GATE VALVE 4" $514.00 EA - GATE VALVE 6" $1,500.00 EA - GATE VALVE 8" $2,056.00 EA - FIRE HYDRANT W-2 $4,800.00 EA - RELOCATE FIRE HYDRANT $2,280.00 EA - BLOWOFF ASSEMBLY I W-5 $2,000.00 EA - AIR RELIEF VALVE W-6, 1" $1,550.00 EA - AIR RELIEF VALVE W-6, 2" $2,370.00 EA - AIR RELIEF VALVE W-6, 4" $5,285.00 EA - WATER SAMPLING STATION W-7 $1,250.00 EA - THRUST BLOCKS W-1, 6" $275.00 EA - THRUST BLOCKS W-1, 8" $385.00 EA - THRUST BLOCKS W-1, 10" $484.00 EA - THRUST BLOCKS W-1, 12" $714.00 EA - STEEL WATER TANK WELDED $1.50 PER GAL - STEEL WATER TANK BOLTED $1.00 PER GAL - -
-
-
'· Subtotal -
page 6 of 11
Exhibit A
DOC #2023035769 Page 66 of 192
WASTEWATER DISPOSAL: SEC. 7-1 TYPE UNIT COST UNIT_ MINIMUM · QUANTITY - TOTAL SEWER LATERAL, TIE IN S-3 $1,350.00 EA 31 41,850.00
SEWER LATERAL, TIE IN STEEP S-3a $1,600.00 EA - SEWER CLEANOUT S-2 $1,500.00 EA - SEWER MAIN (BACKFILL TYPE) 6" NATIVE $35.00 LF - SEWER MAIN (BACKFILL TYPE) 8" NATIVE $50.00 LF 110 5,500.00 SEWER MAIN (BACKFILL TYPE) 6" IMPORT $40.00 LF - SEWER MAIN (BACKFILL TYPE) 8" IMPORT $60.00 LF - SEWER MAIN (BACKFILL TYPE) 12" IMPORT $75.00 LF 1750 131,250.00 SLURRY BACKFILL $19.00 LF 200 3,800.00
MANHOLE TYPICAL (S-1) $4,500.00 EA 25 112,500.00
MANHOLE DROP (S-1A) $5,400.00 EA - TIE TO EXISTING MANHOLE $2,000.00 EA - FORCE MAIN 4" OR LESS $40.00 LF - ADJUST MANHOLE COVER $535.00 EA - -
-
18" PVC SEWER $144.00 LF 3475 500,400.00
-
-
-
-
- ' - ,,. -
-
-
-
-
-
-
- "Subtotal 795,300.0Q
page 7 of 11
Exhibit A
DOC #2023035769 Page 67 of 192
UTILITIES: SEC. 8-1 .' TYPE U.NITCOST UNIT MINIMUM QUANTITY TOTAL JOINT TRENCH P-4 $40.00 LF - GAS TRENCH $24.00 LF -
PIPE JACKING (BORING) 6" PIPE OR LESS $120.00 LF -
SERVICE POLE RELOCATE $1,000.00 EA - TELEPHONE POLE RELOCATE $2,500.00 EA - ELECTRIC POLE RELOCA:fE $6,000.00 EA - JUNCTION POLE RELOCATE $9,000.00 EA - UNDERGROUND + JP RELOCATE $15,000.00 EA - INSTALL SIDEWALK GUY $1,300.00 EA -
STREET LIGHTS $5,000.00 EA -
GUY ANCHOR ONLY RELOCATE $1,800.00 EA - GUY POLE AND ANCHOR RELOCATE $3,100.00 EA - -
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
' Sµbtotal -
page 8 of 11
Exhibit A
DOC #2023035769 Page 68 of 192
TRAFFIC CONTROL: SEC. 9-1 ·.TYPE Ul':JITCOST UNIT • MINIMUM ·auA~TITY TOTAL TRAFFIC STRIPING THERMOPLASTIC $3.00 SF BULK -
TRAFFIC STRIPING PAINT $0.60 LF -
TRAFFIC STRIPING THERMOPLASTIC $1.20 LF -
REMOVE STRIPING , $3.00 LF - • TRAFFIC MARKING $1.25 SF - STOP + STREET NAME SIGNS - M-4 $600.00 EA -
STREET NAME SIGN ONLY M-4 $300.00 EA -
BARRICADE METAL (M-2) $1,300.00 EA -
BARRICADE WOOD (M-2A) $80.00 LF - MARKERS AND DELINEATORS $32.00 EA - CONSTRUCTION AREA SIGNS $400.00 EA - TRAFFIC CONTROL % OF IMPV. 3% EA - -
EROSION CONTROL (MISC $ 10,000.00 LS 1 10,000.00
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
• Subtotal 10,000.00
page 9 of 11
Exhibit A
DOC #2023035769 Page 69 of 192
!=RQSION .CONTROL: SEC; M.2;J:& APP.J:3 '• '·,:YPE. LJNITCPST ... :UNIT • MINIMUM •.• QUANTITY· .. TOTAL·:
SAND OR GRAVEL BAG $3.00 EA - JUTE MAT $0.35 SF - STRAW MAT $0.28 SF - STRAW BALE BARRIER $5.24 LF - STRAW BALE INLET BARRIER $3.53 LF - SILT FENCE $2.81 LF - FIBER ROLLS $1.96 LF - FIBER MAT $0.40 SF - HYDROSEED $0.33 SF - -
EROSION CONTROL (MISC $10,000.00 LS 1 10,000.00
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
- ' ' ., : ' ' ' i '., (' ' " ' '
,, :• •• S11pt9tar .. , 10,0QO.QO ' ', ' ' ', ·' ,'' ', page 10 of 11
Exhibit A
DOC #2023035769 Page 70 of 192
MISCELLANEOUS TY.PE· UNIT COST.·. UNIT MINIMUM. QUANTITY TOTAL • CHAIN LINK FENCE 6'NEW $35.00 LF 70 2,450.00
OTHER FENCE LF -
GATE $721.00 EA -
LANDSCAPE AND IRRIGATION $2.00 SF $500 -
MONUMENT WELLS M-1, M-1A $700.00 EA 4 2,800.00
RETAINING WALLS CMU/POURED $38.00 SF (FACE WALL) - RETAINING WALLS GRAVITY $28.00 SF (FACE WALL) - -
-
-
-
-
-
-
-
-
-
-
-
-
-
-
( -
-
-
-
-
-
-
-
-
·. Subtotal 5250.00
page 11 of 11
Exhibit A
DOC #2023035769 Page 71 of 192
CITY OF EL PASO DE ROBLES
"The Pass of the Oaks"
PERFORMANCE BOND
PROJECT NO.: Vinedo Backbone - Zone 1
DEVELOPER: Olsen Ranch 212, LLC
PERFORMANCE BOND NO: ES00016279
Premium: $105,924.00
. WHEREAS, the City Council of the City of EI Paso de Robles, State of California, and Olsen Ranch 212 LLC (hereinafter designated as
"Principal") have entered into a Subdivision Improvement Agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, and· identified as projectVinedo Backbone - Zone 1, is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said Agreement to furnish a bond for the faithful performance of said agreement.
NOW, THEREFORE, we the Principal and Everest National Insurance Company, as surety, are held firmly bound unto the City of EI Paso de Robles, a municipal corporation of the State of California, hereinafter called "City", in the penal sum of Five Million Two Hundred Ninety-Six Thousand Two Hundred and N0/1QQdollars ($5,296,200.00 ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
Exhibit A
DOC #2023035769 Page 72 of 192
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder of the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration of addition to the terms of the agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this i
and surety above named, on __ O-__________ _,,_,,._,F-1"----- By:_____.,:________::=--=a.=ll-""""'-----=---- Principal: Olsen Ranch 212, LLC Surety: Everest National Insurance Company
By: \~ t.. Tkc&ttCheryll.homas, Attorney-In-Fact
1340 Treat Blvd. Ste. 450
Address
Walnut Creek, CA 94597
Address
ACKNOWLEDGMENT
(here inse1t name and title of the officer)
personally appeared" _______ _,,,_,_ ___________________ _ who proved to me on the basis of satisfactor vidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me t e/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the • trument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of is true and correct.
Witness my hand and official seal.
Signature ______________ _
Performance Bond
05108
*See Attached
California Notary
Acknowledgement
Exhibit A
DOC #2023035769 Page 73 of 192
CALIFORNIA ALL-PURPOSE 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 San Luis Obispo
On 10/25/2023 before me, Lisa Kae Groves, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared Danny Brose
NAME(S) OF SIGNER(S)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my han~nd official seal.
l~~ l-.:su_~ (NOTARY SEAL)
SIGNATURE OF NOTARY PUBLIC
~eeeeeeoeeeeel F ,, LISA KAE GROVES
~ ' t., Notary Public - California z i San Luis Obispo County ~ .,. Commission It 2441117 -
~ My Comm, Expires Mar 12, 2027
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. ,
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL
0 CORPORATE OFFICER
TITLE(S)
0 PARTNER(S) , 0 LIMITED
D GENERAL
0 ATTORNEY-IN-FACT
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 OTHER
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
Performance Band
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
J Q/24/2023
DATE OF DOCUMENT
Cheryl I, Thomas
SIGNER(S) OTHER THAN NAMED ABOVE
NONJC-069
01/01/2015
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CEB. I Essential ceb.com EJ FormsPage 1 of1
Exhibit A
DOC #2023035769 Page 74 of 192
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 _O_r_an~g_e _______ _
On October 24, 2023 before me, W. Walker, Nota Public Here insert name and title of the officer) personally appeared Cheryl L. Thomas
--~----------------------------~ who proved to me on the basis of satisfactory evidence to be the personfs, whose name~ ishtfe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisfher/#teif authorized capacityfies}, and that by hts/herlthetr signaturefsJ on the instrument the personcs}, or the entity upon behalf of which the personfs} acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
W~N\SS my hand and official seal.
oooeoeeeeoeel > W. WALKER
:-C Notary Public • California z
Riverside County i
Commission# 2325818 -
My Comm. Expires Mar 30, 2024 /kJ.~~)
Notary Public Signature (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
Olsen Ranch 212, LLC
{Title or description of attached document)
Performance Bond
{Title or description of attached document continued)
Number of Pages _2_ Document Date 10/24/23
CAPACITY CLAIMED BY THE SIGNER
□ Individual (s)
□ Corporate Officer
(Title)
□ Partner(s)
0 Attorney-in-Fact
□ Trustee(s)
0 Other _________ _
::o 15 Version wvvv,1 .NotaryClasses.con1 000-G73-8865
INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and, 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. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which 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 commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization.
• 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 information may lead to rejection of document recording. • 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 sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk.
❖ Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. ❖ Indicate title or type of attached document, number of pages and date. ❖ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple.
Exhibit A
DOC #2023035769 Page 75 of 192
Exhibit A
DOC #2023035769 Page 76 of 192
/J.everest™
POWER OF A HORNEY
EVEREST NATIONAL INSURANCE COMPANY
KNOW ALL PERSONS BY THESE PRESENTS: That Everest National Insurance Company, a corporation of the State of Delaware ("Company"} having its principal office located at Warren Corporate Center, 100 Everest Way, Warren, New Jersey, 07059, do hereby nominate, constitute, and appoint:
Shane Wolf, Cathy S. Kennedy, Beata A. Sensi, Cheryl L. Thomas, Todd M. Rohm, Wrenetta Walker its true and lawful Attomey(s}-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all bonds and undertakings in the nature thereof, for the penal sum of no one of which is in any event to exceed UNLIMITED, reserving for itself the full power of substitution and revocation.
Such bonds and undertakings, when duly executed by the aforesaid Attomey(s}-in-fact shal( be binding upon the Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal.
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of Company ("Board"} on April 21, 2016:
RESOLVED, that the President, any Executive Vice President, and any Senior Vice President are hereby appointed by the Board as authorized to make, execute, seal and deliver for and on behalf of the Company, any and all bonds, undertakings, contracts or obligations in surety or co-surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest to the execution of any such bonds, undertakings, contracts or obligations in surety or co-surety and attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the President, any Executive Vice President, and any Senior Vice President are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute, on behalf of the Company, bonds and undertakings in surety or co-surety with others, and that the Secretary or any Assistant Secretary of the Company be, and that each of them is hereby authorized to attest the execution of any such power of attorney, and to attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking, contract or obligation in surety or co-surety with others to which it is attached.
IN WITNESS WHEREOF, Everest National Insurance Company has caused their corporate seals to be affixed hereto, and these presents to be signed by their duly authorized officers this 15th day of February 2023.
Everest Reinsurance Company
By: Anthony Romano, Senior Vice President
On this 15th day of February 2023, before me personally came Anthony Romano, known to me, who, being duly sworn, did execute the above instrument; that he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto; and that he executed said instrument by like order.
LINDA ROBINS
Notary Public, State of New York
No 01 R06239736
Qualified in Queens County
Term Expires April 25, 2027
Linda Robins, Notary Public
I, Sylvia Semerdjian, Secretary of Everest National Insurance Company do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporation as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATION, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, this 24th day of October 2022_.
By: Sylvia Semerdjian, Secretary
ES 00 01 0416
Exhibit A
DOC #2023035769 Page 77 of 192
PAYMENT BOND
PROJECT NO.: Vinedo Backbone - Zone 1
DEVELOPER: Olsen Ranch 212, LLC
PAYMENT BOND NO.: ES00016279
Premium: included in Performance Bond
WHEREAS, the City Council of the City of El Paso de Robles, State of California, and Olsen Ranch 212. LLC (hereinafter designated as "Principal") have entered into a Subdivision Improvement Agreement, whereby Principal agrees to install and complete certain designated public improvements, which said agreement, and identified as project Vinedo Backbone - Zone 1 , and is hereby referred to and made a part hereof; and WHEREAS, under the terms of said Agreement, "Principal" is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of El Paso de Robles, a municipal corporation of the State of California, to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.
NOW, THEREFORE, said "Principal" and the undersigned as corporate surety, are held firmly bound unto the City of EI Paso de Robles and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid Agreement and referred to in the aforesaid Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Five Millon Two Hundred Ninety-Six Thousand Two Hundred and N0/100 dollars ($ 5,296,200.00), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
Exhibit A
DOC #2023035769 Page 78 of 192
CITY OF EL PASO DE ROBLES
A MASTER-PAYMENT BOND
PAGE2OF3
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (Commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specification accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition.
Surety Cheryl L. Thomas, Attorney-In-Fact
1340 Treat Blvd. Ste. 450, Walnut Creek, CA 94597
Address
(SIGNATURES MUST BE NOTARIZED)
Exhibit A
DOC #2023035769 Page 79 of 192
CITY OF EL PASO DE ROBLES
A MASTER~ PAYMENT BOND
PAGE3OF3
ACKNOWLEDGMENT
(here insert name and title of the officer)
personally appeared __ -=----=---=----=--....,,.,__=-=------:--:--------,----=----,-,-------:--------,----,---,---,- who proved to me on the basis of satis tory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ackn edged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by ·s/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) I certify under PENAL TY OF PERJURY under the laws of the paragraph is true and correct.
Witness my hand and official seal.
Signature ______________ _
*Sea Attached
Califomia Notary
Acknowledgement
ACKNOWLEDGMENT
State of ___________ } ss.
County of _________ _
(Seal)
On __________ ., before me, ____________________ .
(here insert name and title of the officer)
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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
Witness my hand and official seal.
Signature***See Attached CA All Purpose Acknowledgment*** !Seal)
Exhibit A
DOC #2023035769 Page 80 of 192
CALIFORNIA ALL-PURPOSE 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 San Luis Obispo
On 10/25/2023 before me, Lisa Kae Groves, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared Danny Brose
NAME(S) OF SIGNER(S)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same 1n 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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
~-&-~~ (NOTARY SEAL)
~ : e ,• ft • 71s:KA; G;OV;S e ft ~ _ "' Notary Public - Californi: i San Luis Obispo County ~ Commission If 2441117 - SIGNATURE OF NOTARY PUBLIC My Comm. Expires Mar 12, 2027
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL
0 CORPORATE OFFICER
TITLE(S)
D PARTNER(S) D LIMITED
0 GENERAL
0 ATTORNEY-IN-FACT
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
D OTHER
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
Payment Bond
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
J Q/24/2023
DATE OF DOCUMENT
Cheryl I, Thomas
SIGNER(S) OTHER THAN NAMED ABOVE
NONJC-069
01/01/2015
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
(;cB" I Essential ceb.com 0 FormsPage 1 of 1
Exhibit A
DOC #2023035769 Page 81 of 192
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 _O_r_a~ng_e _______ _ }
On October 24, 2023 before me, W. Walker, Notary Public (Here insert name and title of the officer) personally appeared _C_h_e_ry._l_L_._T_h_o_m_a_s _______________ _, who proved to me on the basis of satisfactory evidence to be the personts} whose name~ ishtfe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisfher/tReff authorized capacity~, and that by hfs-/herltheif signatureEsJ on the instrument the person~, or the entity upon behalf of which the person~ acted, executed the instrument. .
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
7l37k~alseal
~--oooeoooeeof
W. WALKER
• "' Notary Public - California z i ~ Riverside County i!: • Commission II 2325818 - ,. My Comm. Expires Mar 30, 2024
Notary Public Signature (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
Olsen Ranch 212, LLC
(Title or description of attached document)
Payment Bond
(Title or description of attached document continued)
Number of Pages _2_ Document Date 10/24/23
• CAPACITY CLAIMED BY THE SIGNER
□ Individual (s)
□ Corporate Officer
(Title)
□ Partner(s)
0 Attorney-in-Fact
□ Trustee(s)
□ Other __________ _
::'015 Version www.NotaryCl~1sses.com goo-873~9065
INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and, 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 nota,y to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which • 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 commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e . oo/she/they,- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • 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 sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk.
❖ Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. ❖ Indicate title or type of attached document, number of pages and date. ❖ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple.
Exhibit A
DOC #2023035769
Exhibit A
DOC #2023035769 Page 83 of 192
Ji.everest™
POWER OF ATTORNEY
EVEREST NATIONAL INSURANCE COMPANY
KNOW ALL PERSONS BY THESE PRESENTS: That Everest National Insurance Company, a corporation of the State of Delaware ("Company") having its principal office located at Warren Corporate Center, 100 Everest Way, Warren, New Jersey, 07059, do hereby nominate, constitute, and appoint:
Shane Wolf, Cathy S. Kennedy, Beata A. Sensi, Cheryl L. Thomas, Todd nn. Rohm, Wrenetta Walker its true and lawful Attomey(s)-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all bonds and undertakings in the nature thereof, for the penal sum of no one of which is in any event to exceed UNLIMITED, reserving for itself the full power of substitution and revocation.
Such bonds and undertakings, when duly executed by the aforesaid Attomey(s)-in-fact shall be binding upon the Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal.
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of Company ("Board") on April 21, 2016: • - • - •
RESOLVED, that the President, any Executive Vice President, and any Senior Vice President are hereby appointed by the Board as authorized to make, execute, seal and deliver for and on behalf of the Company, any and all bonds, undertakings, contracts or obligations in surety or co-surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest to the execution of any such bonds, undertakings, contracts or obligations in surety or co-surety and attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the President, any Executive Vice President, and any Senior Vice President are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute, on behalf of the Company, bonds and undertakings in surety or co-surety with others, and that the Secretary or any Assistant Secretary of the Company be, and that each of them is hereby authorized to attest the execution of any such power of attorney, and to attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking, contract or obligation in surety or co-surety with others to which it is attached.
IN WITNESS WHEREOF, Everest National Insurance Company has caused their corporate seals to be affixed hereto, and these presents to be signed by their duly authorized officers this 15th day of February 2023.
Everest Reinsurance Company
By: Anthony Romano, Senior Vice President
On this 15th day of February 2023, before me personally came Anthony Romano, known to me, who, being duly swam, did execute the above instrument; that he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto; and that he executed said instrument by like order.
LINDA ROBINS
Notary Public, State of New York
No 01 R06239736
Qualified in Queens County
Term Expires April 25, 2027
Linda Robins, Notary Public
I, Sylvia Semerdjian, Secretary of Everest National Insurance Company do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporation as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATION, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, this 24th day of October 2022_.
By: Sylvia Semerdjian, Secretary
ES 00 01 0416
Exhibit A
DOC #2023035769 Page 84 of 192
COUNTY OF SAN LUIS OBISPO
DEPARTMENT OF PUBLIC WORKS
Standard Unit Costs for Project Security (Performance Bond) Project: VINEDO BACKBONE - ZONE 1
Prepared by: _E_J __________________ _
Firm Name: RICK ENGINEERING
Date: October 23, 2023
PRICE INDEX BASELINE, 2011 CALTRANS INDEX=
2nd Quarter 2021 PRICE INDEX=
51.6 92.0 Caltrans
-ENGINEER'S SEAL10/25/23
Engineer's signature date
page 1 of 11
-RESULTSSubtotal
Cost Index Factor
Adjusted Subtotal
Inflation (10%)
Administration (20%-40%)
Adjusted Subtotal
Contingency (10%)
TOTAL SECURITY TO BE POSTED:
(rounded to the nearest $100)
$2,078,171.73
1.78 $3,703,656.44
$370,365.64
$740,731.29
$4,814,753.38
$481,475.34
$5,296,200
revised 6/1/2022
Exhibit A
DOC #2023035769 Page 85 of 192
SITE PREPARATION: SEC. 2-1 TYPE UNIT cosT· UNIT MINIMUM QUANTITY TOTAL CLEARING AND GRUBBING $0.03 SF -
1REE REMOVAL $300.00 EA - CONCRETE REMOVAL s.w. $3.25 SF - CONCRETE REMOVAL C&G $10.00 LF - GRIND HOT MIX ASPHALT $1.03 SF $4,250 - DISPOSAL OF HOT MIX ASPHALT $50.00 CY $360 - OTHER REMOVAL (SPECIFY) - ABANDON WELL $1,650.00 EA - ABANDON SEPTIC SYSTEM $500.00 EA - DISPOSAL OF CUii BASE $29.00 CY $360 - EXCAVATION 0-1000 CY $22.00 CY $500 - 1 000-20000 CY $15.00 CY - > 20000 CY $9.00 CY - IMPORT 0-1000 CY $31.00 CY $500 - 1000-20000 CY $22.00 CY - > 20000 CY $12.00 CY - FINE GRADING $0.30 SF - -
-
-
-
-
-
-
-
-
-
-
-
-
- Subtotal .-
-
page 2 of 11
Exhibit A
DOC #2023035769 Page 86 of 192
ROADWAYS: SEC. 3-1 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL.
HOT MIX ASPHALT IN PLACE 2" $1.95 SF $800 - HOT MIX ASPHALT IN PLACE 3" $2.90 SF $800 20500.000 59,450.00 HOT MIX ASPHALT IN PLACE 4" $3.70 SF $800 - HOT MIX ASPHALT IN PLACE 5" $4.90 SF $800 - HOT MIX ASPHALT IN PLACE 6" $5.60 SF $800 59200.000 331,520.00 HOT MIX ASPHALT IN PLACE $135 TON $800 0.000 - CLASS AGG. BASE 4" $0.87 SF 0.000 - CLASS AGG. BASE 6" $1.30 SF - CLASS AGG. BASE 8" $1.75 SF 20500.000 35,875.00
CLASS AGG. BASE 10" $2.10 SF 0.000 - CLASS AGG. BASE 12" $2.50 SF - CLASS AGG. BASE 18" $3.70 SF 59200.000 219,040.00
CLASS AGG. BASE $35.00 TON - CROSS GUTTER AND SPANDREL D-5 $17.00 SF 720.000 12,240.00 GEOTEXTLE FABRIC $1.00 SF - SEAL COAT/SLURRY SEAL $0.60 SF - CHIP SEAL $2.00 SF - SAW CUT CONCRETE $4.00 LF $250 -
SAW CUT HMA $2.17 LF $250 110.000 250.00
-
-
-
-
-
-
-
-
-
-
-
-
Subtotal 658,375.00
page 3 of 11
Exhibit A
DOC #2023035769 Page 87 of 192
ROAD EDGES: SEC. 4-1 TYPE UNIT COST UNIT MINIMUM QUANTITY '. TOTAL':,<,-· __ , DRIVEWAY APPROACH-CONCRETE (B-2,3) $9.00 SF 400.000 3,600.00 DRIVEWAY APPROACH-HMA (B-1) $5.50 SF - HANDICAP RAMP C-5 $13.00 SF 2000.000 26,000.00 CURB AND GUTTER 6" (C-2) $22.00 LF 3600.000 79,200.00
CURB ONLY C-2A $16.00 LF 2600.000 41,600.00
HOT MIX ASPHALT DIKE C-3 $10.00 LF $800 - SIDEWALK C-4 $10.00 SF 7000.000 70,000.00 GUARDRAIL $40.00 LF 0.000 - STREET TREE WELL M-5 $700.00 EA - DECOMPOSED GRANITE WALKWAY $1.50 SF $625 - -
-
- ( -
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
- -.:
_·;. - - Subtotal , 2201400:.0Q
page 4 of 11
Exhibit A
DOC #2023035769 Page 88 of 192
STORM DRAIN: SEC. 5-1 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAJ:;;;;~i>/:\:
CURB INLET D-2 $3,900 EA 14.000 54,600.00
RURAL INLET D-2A,B $1,700 EA 0.000 - CULVERT PIPE 15" $38.00 LF - CULVERT PIPE 18" $60.00 LF 800.000 48,000.00
CULVERT PIPE 24" $80.00 LF 300.000 24,000.00
CULVERT PIPE 30" $90.00 LF 130.000 11,700.00
CULVERT PIPE 36" $105.00 LF 10.000 1,050.00
CULVERT PIPE 48" $135.00 LF 0.000 - CULVERT PIPE 60" $150.00 LF 0.000 - HEADWALL (CAL TRANS D89) 15"-36" PIPE $3,420.00 EA 0.000 - HEADWALL -WING TYPE (089) 18"-60" $4,800.00 EA 2.000 9,600.00 UNDERDRAIN (SIDEWALK) D-4A, D-4B $1,500.00 EA - UNDERDRAIN (SIDEWALK) PIPE D-4 $500.00 EA - RIP-RAP DISSIPATER 0.25 TON, H-5 $150.00 CY 0.000 - RIP-RAP DISSIPATER 0.5 TON, H-5 $160.00 CY - RIP-RAP DISSIPATER 1 TON, H-5 $170.00 CY - RIP-RAP DISSIPATER 2 TON, H-5 $180.00 CY - OVERSIDE DRAIN, (CAL TRANS) HMA $320.00 EA - CONCRETE V-DITCH (SLOPE) $40.00 LF - MANHOLE D-3 8' DEPTH $4,500 EA 5.000 22,500.00 TIE TO EX. MANHOLE $2,000 EA 2.000 4,000.00
UNDERGROUND BASIN STORMTECH $8.00 CF $500 - CATCH BASIN 36"x36" $2,500 EA 0.000 - -
-
-
-
-
-
-
- •. Subtotal 17 offqQJPQ
page 5 of 11
Exhibit A
DOC #2023035769 Page 89 of 192
WATER SUPPLY: SEC. 6-1 TYPE UNIT COST UNIT MINIMUM QUANTITY - TOTA,L \·; WATER SERVICE AND METER BOX W-4 $1,700.00 EA 5.000 8,500.00 RAISE WATER METER $400.00 EA - WATER MAIN 6" $50.00 LF - WATER MAIN 8" $58.00 LF 900.000 52,200.00 WATER MAIN 10" $68.00 LF 700.000 47,600.00
WATER MAIN 12" $92.00 LF 2400.000 220,800.00
WATER MAIN 14" $106.00 LF 0.000 -
WATER MAIN 16" $120.00 LF 0.000 - HOT TAP 6" $1,998.00 EA 0.000 - HOT TAP 8" $2,238.00 EA 0.000 - HOT TAP 10" $3,219.00 EA -
GATE VALVE 4" $514.00 EA 0.000 -
GATE VALVE 6" $1,500.00 EA 0.000 - GATE VALVE 8" $2,056.00 EA 27.000 55,512.00 FIRE HYDRANT W-2 $4,800.00 -EA 4.000 19,200.00
RELOCATE FIRE HYDRANT $2,280.00 EA -
BLOWOFF ASSEMBLY W-5 $2,000.00 EA 5.000 10,000.00
AIR RELIEF VALVE W-6, 1" $1,550.00 EA - AIR RELIEF VALVE W-6, 2" $2,370.00 EA 3.000 7,110.00 AIR RELIEF VALVE W-6, 4" $5,285.00 EA 0.000 - WATER SAMPLING STATION W-7 $1,250.00 EA - THRUST BLOCKS W-1, 6" $275.00 EA 1.000 275.00
THRUST BLOCKS W-1, 8" $385.00 EA 3.000 1,155.00
THRUST BLOCKS W-1, 10" $484.00 EA 9.000 4,356.00
THRUST BLOCKS W-1, 12" $714.00 EA 3.000 2,142.00
STEEL WATER TANK WELDED $1.50 PER GAL -
STEEL WATER TANK BOLTED $1.00 PER GAL - RWBWV 12" $30,000.00 EA 1.000 30,000.00 RWBWV 10" $23,000.00 EA 0.000 -
-
Subtotal 458,850.00
page 6 of 11
Exhibit A
DOC #2023035769 Page 90 of 192
WASTEWATER DISPOSAL: SEC. 7-1 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL SEWER LATERAL, TIE IN S-3 $1,350.00 EA -
SEWER LATERAL, TIE IN STEEP S-3a $1,600.00 EA - SEWER CLEANOUT S-2 $1,500.00 EA - SEWER MAIN (BACKFILL TYPE) 6" NATIVE $35.00 LF -
SEWER MAIN (BACKFILL TYPE) 8" NATIVE $50.00 LF 1900.000 95,000.00 SEWER MAIN (BACKFILL TYPE) 6" IMPORT $40.00 LF 0.000 - SEWER MAIN (BACKFILL TYPE) 8" IMPORT $60.00 LF - SEWER MAIN (BACKFILL TYPE) 12" IMPORT $75.00 LF - SLURRY BACKFILL $19.00 LF 0.000 - MANHOLE TYPICAL (S-1) $4,500.00 EA 7.000 31,500.00 MANHOLE DROP (S-1A) $5,400.00 EA 0.000 - TIE TO EXISTING MANHOLE $2,000.00 EA 1.000 2,000.00 FORCE MAIN 4" OR LESS $40.00 LF 0.000 - ADJUST MANHOLE COVER $535.00 EA 0.000 - -
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Subtotal 128,500.00
page 7 of 11
Exhibit A
DOC #2023035769 Page 91 of 192
UTILITIES: SEC. 8-1 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL JOINT TRENCH P-4 $40.00 LF -
GAS TRENCH $24.00 LF - PIPE JACKING (BORING) 6" PIPE OR LESS $120.00 LF - SERVICE POLE RELOCATE $1,000.00 EA -
TELEPHONE POLE RELOCATE $2,500.00 EA - ELECTRIC POLE RELOCATE $6,000.00 EA 0.000 - JUNCTION POLE RELOCATE $9,000.00 EA 0.000 - UNDERGROUND+ JP RELOCATE $15,000.00 EA 0.000 - INSTALL SIDEWALK GUY $1,300.00 EA - STREET LIGHTS $5,000.00 EA 11.000 55,000.00 , GUY ANCHOR ONLY RELOCATE $1,800.00 EA 0.000 - - GUY POLE AND ANCHOR RELOCATE $3,100.00 EA 0.000 - 4" PVC CONDUIT $7.50 LF 5400.000 40,500.00 CONDUIT PULL BOX 3'X3'X4' $2,750.00 EA 4.000 11,000.00
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Subtotal 106,500.00
page 8 of 11
Exhibit A
DOC #2023035769 Page 92 of 192
TRAFFIC CONTROL: SEC. 9-1 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL ..
TRAFFIC STRIPING THERMOPLASTIC $3.00 SF BULK -
TRAFFIC STRIPING PAINT $0.60 LF 0.000 -
TRAFFIC STRIPING THERMOPLASTIC $1.20 LF 1600.000 1,920.00 REMOVE STRIPING $3.00 LF -
TRAFFIC MARKING $1.25 SF -
STOP + STREET NAME SIGNS M-4 $600.00 EA 3.000 1,800.00
STREET NAME SIGN ONLY M-4 $300.00 EA - BARRICADE METAL (M-2) $1,300.00 EA - BARRICADE WOOD (M-2A) $80.00 LF 170.000 13,600.00 MARKERS AND DELINEATORS $32.00 EA 0.000 - CONSTRUCTION AREA SIGNS $400.00 EA - TRAFFIC CONTROL % OF IMPV. 3% EA 4606657. 718 138,199.73 -
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
- Subtotal 155,:519. 73
page 9 of 11
Exhibit A
DOC #2023035769 Page 93 of 192
EROSION CONTROL: SEC.1.1.2.J & APP.B TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL• SAND OR GRAVEL BAG $3.00 EA 60.000 180.00
JUTE MAT $0.35 SF 0.000 - STRAW MAT $0.28 SF 0.000 - STRAW BALE BARRIER $5.24 LF - STRAW BALE INLET BARRIER $3.53 LF - SILT FENCE $2.81 LF 3700.000 10,397.00 FIBER ROLLS $1.96 LF -
FIBER MAT $0.40 SF 0.000 - HYDROSEED $0.33 SF 0.000 -
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
- Subtotal 10,:577.00
page 10 of 11
Exhibit A
DOC #2023035769 Page 94 of 192
MISCELLANEOUS TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL •• CHAIN LINK FENCE 6'NEW $35.00 LF 0.000 - OTHER FENCE LF - GATE $721.00 EA - LANDSCAPE AND IRRIGATION $2.00 SF $500 82000.000 164,000.00 MONUMENT WELLS M-1, M-1A $700.00 EA - RETAINING WALLS CMU/POURED $38.00 SF (FACE WALL) 0.000 - RETAINING WALLS GRAVITY $28.00 SF (FACE WALL) 0.000 - -
-
- - -
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
- Subtotal 164000 .. Q0
page 11 of 11
Exhibit A
DOC #2023035769 Page 95 of 192
CITY OF EL PASO DE ROBLES
"The Pass of the Oaks" .
PERFORMANCE BOND
PROJECT NO.: Vinedo Backbone - Zone 2
DEVELOPER: Olsen Ranch 212, LLC
PERFORMANCE BOND NO: ES00016278
Premium: $98,142.00
WHEREAS, the City Council of the City of El Paso de Robles, State of California, and Olsen Ranch 212 LLC (hereinafter designated as
"Principal") have entered into a Subdivision Improvement Agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, and identified as projectVinedo Backbone - Zone 2, is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said Agreement to furnish a bond for the faithful performance of said agreement.
NOW, THEREFORE, we the Principal and Everest National Insurance Company, as surety, are held firmly bound unto the City of El Paso de Robles, a municipal corporation of the State of California, hereinafter called "City", • in the penal sum of Four Million Nine Hundred Seven Thousand One Hundred and No/100 dollars ($4,907,100.00 ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
Exhibit A
DOC #2023035769 Page 96 of 192
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder of the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration of addition to the tenns of the agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument lla!<-tTE:-eir-rt incipal and surety above named, on __ O_c_t__.,o""-b __ 4 ________ ,._-'il-,~'-----------3,.,---- n_. y:
~tincipal: Olsen Ranch 212, LLC
Surety: Everest National Insurance Company
By: {1{~ '-t.. ~,__;
Cheryll.homas, Attorney-In-Fact
1340 Treat Blvd. Ste. 450
Address
Walnut Creek, CA 94597
Address
ACKNOWLEDGMENT
On-------->-------' before me,-------------------~ (here insert name and title of the officer) personally appeared_----..,---------------------------
who proved to me on the asis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and a nowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/he their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, execute he instrument.
I certify under PENAL TY OF PERJUR under the laws of the State of California that the foregoing paragraph is true and correct.
Witness my hand and official seal.
Signature ______________ _
Performance Bond
05/08
"'See Attached
California Notary
Acknowledgement
Exhibit A
DOC #2023035769 Page 97 of 192
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 _O_r_a_n..._ge _______ _ }
On October 24, 2023 before me, W. Walker, Nota Public (Here insert name and title of the officer personally appeared _C_h_e""""'ry.,_I_L_._T_h_o_m_a_s _______________ _, who proved to me on the basis of satisfactory evidence to be the person~ whose namefs-} islafe subscribed to the within instrument and acknowledged to me that he-/she/#,ey executed the same in htsfherltl=tetf authorized capacity~, and that by hts-/herltheif signature(-s-} on the instrument the personts}, or the entity upon behalf of which the personfs} acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
► W. WALKER f - ~ Notary Public - California i Riverside County f Commission# 2325818 -
My Comm. Expires Mar 30, 2024 I}&~cial seal
Notary Public Signature (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
Olsen Ranch 212, LLC
(Title or description of attached document)
Performance Bond
(Title or description of attached document continued)
Number of Pages _2_ Document Date 10/24/23
CAPACITY CLAIMED BY THE SIGNER
□ Individual (s)
□ Corporate Officer
(Title)
□ Partner(s)
0 Attorney-in-Fact
□ Trustee(s)
□ Other _________ _
~015 Version W\Vw Notar:,1CI::1sses.corn 800-87:3-~3665
INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknolwedgentsji-om other states may be completed for documents being sent to that state so long as the wording does not require the California nota1y to violate Californ{a nota1y law.
State and County infonnation must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which 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 commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization.
• Indicate the correct singular or plural fonns by crossing off incorrect forms (i.e. he/she/the;<, is /fiff! ) or circling the correct fonns. Failure to correctly indicate this information may lead to rejection of document recording. • 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 sufficient area pennits, otherwise complete a different acknowledgment fonn. • Signature of the notary public must match the signature on file with the office of the county clerk.
❖ Additional infonnation is not required but could help to ensure this acknowledgment is not misused or attached to a different document. ❖ Indicate title or type of attached document, number of pages and date. ❖ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple.
Exhibit A
DOC #2023035769
Exhibit A
DOC #2023035769 Page 99 of 192
POWER OF ATTORNEY
EVEREST NATIONAL INSURANCE COMPANY
KNOW ALL PERSONS BY THESE PRESENTS: That Everest National Insurance Company, a corporation of the State of Delaware ("Company") having tts principal office located at Warren Corporate Center, 100 Everest Way, Warren, New Jersey, 07059, do hereby nominate, constitute, and appoint:
Shane Wolf, Cathy S. Kennedy, Beata A. Sensi, Cheryl L. Thomas, Todd M. Rohm, Wrenetta Walker its true and lawful Attomey(s)-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all bonds and undertakings in the nature thereof, for the penal sum of no one of which is in any event to exceed UNLIMITED, reserving for itself the full power of substitution and revocation.
Such bonds and undertakings, when duly executed by the aforesaid Attomey(s)-in-fact shall be binding upon the Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal.
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of Company ("Board") on April 21, 2016:
RESOLVED, that the President, any Executive Vice President, and any Senior Vice President are hereby appointed by the Board as authorized to make, execute, seal and deliver for and on behalf of the Company, any and all bonds, undertakings, contracts or obligations in surety or co-surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest to the execution of any such bonds, undertakings, contracts or obligations in surety or co-surety and attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the President, any Executive Vice President, and any Senior Vice President are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute, on behalf of the Company, bonds and undertakings in surety or co-surety with others, and that the Secretary or any Assistant Secretary of the Company be, and that each of them is hereby authorized to attest the execution of any such power of attorney, and to attach thereto the corporate seal of the Company.
RE.SOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking, contract or obligation in surety or co-surety with others to which it is attached.
IN WITNESS WHEREOF, Everest National Insurance Company has caused their corporate seals to be affixed hereto, and these presents to be signed by their duly authorized officers this 15th day of February 2023.
Everest Reinsurance Company
By: Anthony Romano, Senior Vice President
On this 15th day of February 2023, before me personally came Anthony Romano, known to me, who, being duly sworn, did execute the above instrument; that he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto; and that he executed said instrument by like order. •
LINDA ROBINS
Notary Public, State of New York
No 01 R06239736
Qualified in Queens County
Term Expires April 25, 2027
Linda Robins, Notary Public
I, Sylvia Semerdjian, Secretary of Everest National Insurance Company do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporation as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATION, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, this 24th day of October 2022_.
By: Sylvia Semerdjian, Secretary
ES 00 01 04 16
Exhibit A
DOC #2023035769 Page 100 of 192
PAYMENT BOND
PROJECT NO.: Vinedo Backbone - Zone 2
DEVELOPER: Olsen Ranch 212, LLC
PAYMENT BOND NO.: ES00016278
Premium: included in Performance Bond
WHEREAS, the City Council of the City of El Paso de Robles, State of California, and Olsen Ranch 212, LLC (hereinafter designated as "Principal") have entered into a Subdivision Improvement Agreement, whereby Principal agrees to install and complete certain designated public improvements, which said agreement, and identified as project Vinedo Backbone - Zone 2 , and is hereby referred to and made a part hereof; and WHEREAS, under the terms of said Agreement, "Principal" is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of El Paso de Robles, a municipal corporation of the State of California, to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.
NOW, THEREFORE, said "Principal" and the undersigned as corporate surety, are held firmly bound unto the City of El Paso de Robles and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid Agreement and referred to in the aforesaid Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Four Million Nine Hundred Seven Thousand One Hundred and No/100 dollars ($ 42
907,100.00), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
Exhibit A
DOC #2023035769 Page 101 of 192
CITY OF EL PASO DE ROBLES
A MASTER- PAYMENT BOND
PAGE20F3
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (Commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specification accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition.
IN WITNESS, WHEREOF, this instrument has been duly executed by the "Principal" and surety above named, on _ ___,.O..,c<.,>;to~b,.,,e::.:.r-=2=-4,...._ _ ___,,,,,.,, Principal
Everest National Insurance Company
0...uJ. ~- ~4.-.,_;
Surety Cheryl L. Thomas, Attorney-In-Fact
1340 Treat Blvd. Ste. 4501 Walnut Creek, CA 94597
Address
(SIGNATURES MUST BE NOTARIZED)
Exhibit A
DOC #2023035769 Page 102 of 192
CITY OF EL PASO DE ROBLES
A MASTER- PAYMENT BOND
PAGE30F3
ACKNOWLEDGMENT
(here insert name and title of the officer)
personally appeared ____ "'-,,-------------------------- who proved to me on the basis satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument a acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), an at by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the p
I certify under PENAL TY OF PERJURY under the laws
paragraph is true and correct.
Witness my hand and official seal. *See Attached
California Notary
Signature ______________ Acknowledgement
ACKNOWLEDGMENT
(Seal)
On __________ ., before me,--------------------~
(here inse11 name and title of the officer)
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.
Signature ***See Attached CA All Purpose Acknowledgment*** rSc.:al)
Exhibit A
DOC #2023035769 Page 103 of 192
CALIFORNIA ALL-PURPOSE 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 San Luis Obispo
On 10/25/2023 before me, Lisa Kae Groves, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared Danny Brose
NAME(S) OF SIGNER(S)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
~ C >-A-eYv--<Lo (NOTARY SEAL)
SIGNATURE OF NOTARY PUBLIC
~············~ ' , LISA KAE GROVES
: "' Notary Public - California z i San Luis Obispo County ~ f Commission # 2441117 -
,► My Comm. Expires Mar 12, 2027
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL
0 CORPORATE OFFICER
TITLE(S)
0 PARTNER(S) 0 LIMITED
0 GENERAL
0 ATTORNEY-IN-FACT
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 OTHER
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
Payment Bond
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
JQ/24/2023
DATE OF DOCUMENT
Cheryl I, Thomas
SIGNER(S) OTHER THAN NAMED ABOVE
NONJC-069
01/01/2015
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
cEB· I Essential ceb.com ~ FormsPage 1 of1
Exhibit A
DOC #2023035769 Page 104 of 192
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 _O_r_an~g~e _______ _ }
On October 24, 2023 before me, W. Walker, Notary Public (Here insert name and title of the officer) personally appeared _C_h_e~ry,_I_L_. _T_h_o_m_a_s _______________ _ who proved to me on the basis of satisfactory evidence to be the person~ whose namefsi isfat:e subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hfslher/tl=tetf authorized capacity~, and that by hfs-/herfthetf signatureEs-7 on the instrument the person Es}, or the entity upon behalf of which the personEs} acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
/l).~
Notary Public Signature (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
Olsen Ranch 212, LLC
(Title or description of attached document)
Payment Bond
(Title or description of attached document continued)
Number of Pages _2_ Document Date 10/24/23
CAPACITY CLAIMED BY THE SIGNER
□ Individual (s)
□ Corporate Officer
(Title)
□ Partner(s)
0 Attorney-in-Fact
□ Trustee(s)
□ Other _________ _
:='(115 \/r:irs1on 'vVV.J No\sryClasses.corn SG0-873-9:365
INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and. if needed. should be completed and attached to the document. Acknolwedgentsjiwn other states may be completed for documents being sent to that state so long as the wording does not require the California nota,y to violate California nora,y law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which 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 commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/~ is laFe ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • 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 sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk.
❖ Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. ❖ Indicate title or type of attached document, number of pages and date. ❖ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple.
Exhibit A
DOC #2023035769
Exhibit A
DOC #2023035769 Page 106 of 192
~everest"'
POWER OF ATTORNEY
EVEREST NATIONAL INSURANCE COMPANY
KNOW ALL PERSONS BY THESE PRESENTS: That Everest National Insurance Company, a corporation of the State of Delaware ("Company") having its principal office located at Warren Corporate Center, 100 Everest Way, Warren, New Jersey, 07059, do hereby nominate, constitute, and appoint:
Shane Wolf, Cathy S. Kennedy, Beata A. Sensi, Cheryl L. Thomas, Todd IVI. Rohm, Wrenetta Walker its true and lawful Attorney(s)-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as tts act and deed, where required, any and all bonds and undertakings in the nature thereof, for the penal sum of no one of which is in any event to exceed UNLIMITED, reserving for itself the full power of substitution and revocation.
Such bonds and undertakings, when duly executed by the aforesaid Attorney(s)-in-fact shall be binding upon the Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal.
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of Company ("Board") on April 21, 2016:
. )
RESOLVED, that the President, any Executive Vice President, and any Senior Vice President are hereby appointed by the Board as authorized to make, execute, seal and deliver for and on behalf of the Company, any and all bonds, undertakings, contracts or obligations in surety or co-surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest to the execution of any such bonds, undertakings, contracts or obligations in surety or co-surety and attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the President, any Executive Vice President, and any SeniorVice President are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute, on behalf of the Company, bonds and undertakings in surety or co-surety with others, and that the Secretary or any Assistant Secretary of the Company be, and that each of them is hereby authorized to attest the execution of any such power of attorney, and to attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking, contract or obligation in surety or co-surety with others to which it is attached.
IN WITNESS WHEREOF, Everest National Insurance Company has caused their corporate seals to be affixed hereto, and these presents to be signed by their duly authorized officers this 15th day of February 2023.
Everest Reinsurance Company
By: Anthony Romano, Senior Vice President
On this 15th day of February 2023, before me personally came Anthony Romano, known to me, who, being duly sworn, did execute the above instrument; that he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto; and that he executed said instrument by like order.
LINDA ROBINS
Notary Public, State of New York
No 01R06239736
Qualified in Queens County
Term Expires April 25, 2027
Linda Robins, Notary Public
I, Sylvia Semerdjian, Secretary of Everest National Insurance Company do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporation as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATION, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. 11i WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, this 24th day of October 202~.
By: Sylvia Semerdjian, Secretary
ES 00 010416
Exhibit A
DOC #2023035769 Page 107 of 192
COUNTY OF SAN LUIS OBISPO
DEPARTMENT OF PUBLIC WORKS
Standard Unit Costs for Project Security (Performance Bond) Project: VINEDO BACKBONE - ZONE 2
Prepared by: EJ
-------------------- Firm Name: RICK ENGINEERING
Date: October 23, 2023
PRICE INDEX BASELINE, 2011 CAL TRANS INDEX=
2nd Quarter 2021 PRICE INDEX=
51.6 92.0 Caltrans
-ENGINEER'S SEAL10/25/23
Engineer's signature date
page 1 of 12
l
-RESULTSSubtotal
Cost Index Factor
Adjusted Subtotal
Inflation (10%)
Administration (20%-40%)
Adjusted Subtotal
Contingency (10%)
TOTAL SECURITY TO BE POSTED:
(rounded to the nearest $100)
$1,925,481.00
1.78 $3,431,535.52
$343,153.55
$686,307.10
$4,460,996.17
$446,099.62
$4,907,100
revised 6/1/2022
Exhibit A
DOC #2023035769 Page 108 of 192
------- SITE PREPARATION: SEC. 2-1 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL CLEARING AND GRUBBING $0.03 SF - TREE REMOVAL $300.00 EA - CONCRETE REMOVAL s.w. $3.25 SF - CONCRETE REMOVAL C&G $10.00 LF - GRIND HOT MIX ASPHALT $1.03 SF $4,250 - DISPOSAL OF HOT MIX ASPHALT $50.00 CY $360 - OTHER REMOVAL (SPECIFY) - ABANDON WELL $1,650.00 EA - ABANDON SEPTIC SYSTEM $500.00 EA - DISPOSAL OF CUii BASE $29.00 CY $360 - EXCAVATION 0-1000 CY $22.00 CY $500 - 1 000-20000 CY $15.00 CY - >20000 CY $9.00 CY - IMPORT 0-1000 CY $31.00 CY $500 - 1000-20000 CY $22.00 CY - > 20000 CY $12.00 CY - FINE GRADING $0.30 SF - -
-
-
-
-
-
-
-
-
-
-
-
-
- Subtotal -
page 2 of 12
Exhibit A
DOC #2023035769 Page 109 of 192
ROAOWAYS: -SEC. 3-1 ·TYPE UNIT COST .. UNIT MINIMUM QUANTITY TOTA~ :;.\, :\ HOT MIX ASPHALT IN PLACE 2" $1.95 SF $800 - HOT MIX ASPHALT IN PLACE 3" $2.90 SF $800 18000 52,200.00 HOT MIX ASPHALT IN PLACE 4" $3.70 SF $800 - HOT MIX ASPHALT IN PLACE 5" $4.90 SF $800 - HOT MIX ASPHALT IN PLACE 6" $5.60 SF $800 55000 308,000.00 HOT MIX ASPHALT IN PLACE $135 TON $800 0 - CLASS AGG. BASE 4" $0.87 SF 0 - CLASS AGG. BASE 6" $1.30 SF - CLASS AGG. BASE 8" $1.75 SF 18000 31,500.00 CLASS AGG. BASE 10" $2.10 SF 0 - CLASS AGG. BASE 12" $2.50 SF - CLASS AGG. BASE 18" $3.70 SF 55000 203,500.00 CLASS AGG. BASE $35.00 TON - CROSS GUTTER AND SPANDREL D-5 $17.00 SF 600 10,200.00 GEOTEXTLE FABRIC $1.00 SF - SEAL COAT/SLURRY SEAL $0.60 SF - CHIP SEAL $2.00 SF - SAW CUT CONCRETE $4.00 . LF $250 - SAW CUT HMA $2.17 LF $250 90 250.00 -
-
-
-
-
-
-
-
-
-
-
- "•
.. Sub.total 60[?;650.00
page 3 of 12
Exhibit A
DOC #2023035769 Page 110 of 192
ROAD EDGES: SEC. 4-1 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL DRIVEWAY APPROACH-CONCRETE (B-2,3) $9.00 SF 300 2,700.00 DRIVEWAY APPROACH- HMA (B-1) $5.50 SF - HANDICAP RAMP C-5 $13.00 SF 1800 23,400.00 CURB AND GUTTER 6" (C-2) $22.00 LF 3200 70,400.00
CURB ONLY C-2A $16.00 LF 2400 38,400.00
HOT MIX ASPHALT DIKE C-3 $10.00 LF $800 - SIDEWALK C-4 $10.00 SF 6400 64,000.00 GUARDRAIL $40.00 LF 0 -
STREET TREE WELL M-5 $700.00 EA - DECOMPOSED GRANITE WALKWAY $1.50 SF $625 - -
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
- Subtotal 19EJ; 900. 00
page 4 of 12
Exhibit A
DOC #2023035769 Page 111 of 192
STORM DRAIN: SEC. 5-1 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL CURB INLET D-2 $3,900 EA 6 23,400.00
RURAL INLET D-2A,B $1,700 EA 0 - CULVERT PIPE _ 15" $38.00 LF - CULVERT PIPE 18" $60.00 LF 1900 114,000.00
CULVERT PIPE 24" $80.00 LF 1000 80,000.00
CULVERT PIPE 30" $90.00 - LF 400 36,000.00
CULVERT PIPE 36" $105.00 LF 40 4,200.00
CULVERT PIPE 48" $135.00 LF 0 - CULVERT PIPE 60" $150.00 LF 0 - HEADWALL (CAL TRANS D89) 15"-36" PIPE $3,420.00 EA 0 - HEADWALL -WING TYPE (D89) 18"-60" $4,800.00 EA 1 4,800.00 UNDERDRAIN (SIDEWALK) D-4A, D-4B $1,500.00 EA - UNDERDRAIN (SIDEWALK) PIPE D-4 $500.00 EA - RIP-RAP DISSIPATER 0.25 TON, H-5 $150.00 CY 0 - RIP-RAP DISSIPATER 0.5 TON, H-5 $160.00 CY - RIP-RAP DISSIPATER 1 TON, H-5 $170.00 CY - RIP-RAP DISSIPATER 2 TON, H-5 $180.00 CY - OVERSIDE DRAIN, (CAL TRANS) HMA $320.00 EA - CONCRETE V-DITCH (SLOPE) $40.00 LF - MANHOLE D-3 8' DEPTH $4,500 EA 8 36,000.00 TIE TO EX. MANHOLE $2,000 EA 2 4,000.00
UNDERGROUND BASIN STORMTECH $8.00 CF $500 - CATCH BASIN 36"x36" $2,500 EA 1 2,500.00 -
-
-
-
-
-
- ~ - Subtotal 304,900 .. 00
page 5 of 12
Exhibit A
DOC #2023035769 Page 112 of 192
WATER SUPPLY: -SEC. 6-1 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL WATER SERVICE AND METER BOX W-4 $1,700.00 EA 2 3,400.00 RAISE WATER METER $400.00 EA - WATER MAIN 6" $50.00 LF - WATER MAIN 8" $58.00 LF 800 46,400.00 WATER MAIN 10" $68.00 LF 600 40,800.00
WATER MAIN 12" $92.00 LF 2100 193,200.00
WATER MAIN 14" $106.00 LF 0 - WATER MAIN 16" $120.00 LF 0 - HOT TAP 6" $1,998.00 EA 0 - HOT TAP 8" $2,238.00 EA 0 - HOT TAP 10" $3,219.00 EA - GATE VALVE 4" $514.00 EA 0 - GATE VALVE 6" $1,500.00 EA 0 - GATE VALVE 8" $2,056.00 EA 24 49,344.00 FIRE HYDRANT W-2 $4,800.00 EA 4 19,200.00
RELOCATE FIRE HYDRANT $2,280.00 EA - BLOWOFF ASSEMBLY W-5 $2,000.00 EA 4 8,000.00 AIR RELIEF VALVE W-6, 1" $1,550.00 EA - AIR RELIEF VALVE W-6, 2" $2,370.00 EA 3 7,110.00 AIR RELIEF VALVE W-6,4" $5,285.00 EA 0 - WATER SAMPLING STATION W-7 $1,250.00 EA - THRUST BLOCKS W-1, 6" $275.00 EA 0 - THRUST BLOCKS W-1, 8" $385.00 EA 3 1,155.00 THRUST BLOCKS W-1, 10" $484.00 EA 8 3,872.00
THRUST BLOCKS W-1, 12" $714.00 EA 2 1,428.00
STEEL WATER TANK WELDED $1.50 PER GAL - STEEL WATER TANK BOLTED $1.00 PER GAL - RWBWV 12" $30,000.00 EA 1 30,000.00 RWBWV 10" $23,000.00 EA 0 -
- Subtotal 403,909.00
page 6 of 12
Exhibit A
DOC #2023035769 Page 113 of 192
WASTEWATER DISPOSAL: SEC. 7-1 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL SEWER LATERAL, TIE IN S-3 $1,350.00 EA - SEWER LATERAL, TIE IN STEEP S-3a $1,600.00 EA - SEWER CLEANOUT S-2 $1,500.00 EA - SEWER MAIN (BACKFILL TYPE) 6" NATIVE $35.00 LF - SEWER MAIN (BACKFILL TYPE) 8" NATIVE $50.00 LF 400 20,000.00 SEWER MAIN (BACKFILL TYPE) 6" IMPORT $40.00 LF 0 -
SEWER MAIN (SACKFILL TYPE) 8" IMPORT $60.00 LF - SEWER MAIN (BACKFILL TYPE) 12" IMPORT $75.00 LF - SLURRY BACKFILL $19.00 LF 0 - MANHOLE TYPICAL (S-1) $4,500.00 EA 1 4,500.00 MANHOLE DROP (S-1A) $5,400.00 EA 0 - TIE TO EXISTING MANHOLE $2,000.00 EA 0 - FORCE MAIN 4" OR LESS $40.00 LF 0 - ADJUST MANHOLE COVER $535.00 EA 0 - -
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
- Subtotal 24,500.00
page 7 of 12
Exhibit A
DOC #2023035769 Page 114 of 192
UTILITIES: SEC. 8-1 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL JOINT TRENCH P-4 $40.00 LF - GAS TRENCH $24.00 LF - PIPE JACKING (BORING) 6" PIPE OR LESS $120.00 LF - SERVICE POLE RELOCATE $1,000.00 EA - TELEPMONE POLE RELOCATE $2,500.00 EA - ELECTRIC POLE RELOCATE $6,000.00 EA 0 - JUNCTION POLE RELOCATE $9,000.00 EA 0 - UNDERGROUND + JP RELOCATE $15,000.00 • .... EA 0 - INSTALL SIDEWALK GUY $1,300.00 EA - STREEr LIGHTS $5,000.00 EA 10 50,000.00 GUY ANCHOR ONLY RELOCATE $1,800.00 EA 0 - GUY POLE AND ANCHOR RELOCATE $3,100.00 EA 0 - 4" PVC CONDUIT $7.50 LF 4800 36,000.00 CONDUIT PULL BOX 31
X3'X4' $2,750.00 EA 4 11,000.00
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
- Subtotal 97;000.00
page 8 of 12
Exhibit A
DOC #2023035769 Page 115 of 192
TRAFFIC CONTROL: SEC. 9-1 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL TRAFFIC STRIPING THERMOPLASTIC $3.00 SF BULK -
TRAFFIC STRIPING PAINT $0.60 LF 0 - TRAFFIC STRIPING THERMOPLASTIC $1.20 LF 1400 1,680.00 REMOVE STRIPING $3.00 LF - TRAFFIC MARKING $1.25 SF - STOP + STREET NAME SIGNS M-4 $600.00 EA 3 1,800.00 STREET NAME SIGN ONLY M-4 .$300.00 EA - BARRICADE METAL (M-2) $1,300.00 EA - BARRICADE WOOD (M-2A) $80.00 LF 150 12,000.00 MARKERS AND DELINEATORS $32.00 EA 0 - CONSTRUCTION AREA SIGNS $400.00 EA - TRAFFIC CONTROL % OF IMPV. 3% EA 4000000 120,000.00 -
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
- Subtotal 135,480.00
page 9 of 12
Exhibit A
DOC #2023035769 Page 116 of 192
EROSION CONTROL: SEC.1.1.2.J &APP.B TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL' SAND OR GRAVEL BAG $3.00 EA 50 150.00
JUTE MAT $0.35 SF 0 - STRAW MAT $0.28 SF 0 - STRAW BALE BARRIER $5.24 LF - STRAW BALE INLET BARRIER $3.53 LF - SILT FENCE $2.81 LF 3200 8,992.00 FIBER ROLLS $1.96 LF - FIBER MAT $0.40 SF 0 - HYDROS EEO \ $0.33 SF 0 - -
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
- - -
-
- Subtotal 9,142.00
page 10 of 12
Exhibit A
DOC #2023035769 Page 117 of 192
MISCELLANEOUS TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL CHAIN LINK FENCE 6'NEW $35.00 LF 0 - OTHER FENCE LF - GATE $721.00 EA - LANDSCAPE AND IRRIGATION $2.00 SF $500 73000 146,000.00 MONUMENT WELLS M-1, M-1A $700.00 EA - RETAINING WALLS CMU/POURED $38.00 SF (FACE WALL) 0 - RETAINING WALLS GRAVITY $28.00 SF (FACE WALL) 0 - -
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
- Subtotal 146000.00
page 11 of 12
Exhibit A
DOC #2023035769 Page 118 of 192
Surface Water & RV\ Sewer Storm Drain
0.20805369 0.23048327 0.11111111 0.65957 44 7
page 12 of 12
Exhibit A
DOC #2023035769 Page 119 of 192
CITY OF EL PASO DE ROBLES
"The Pass of the Oaks"
PERFORMANCE BOND
PROJECT NO.: Vinedo Backbone - Zone 3
DEVELOPER: Olsen Ranch 212, LLC
PERFORMANCEBOND NO: ES00016277
Premium: $129,280.00
WHEREAS, the City Council of the City of El Paso de Robles, State of California, and Olsen Ranch 212, LLC (hereinafter designated as
"Principal") have entered into a Subdivision Improvement Agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, and identified as projectVinedo Backbone - Zone 3, is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said Agreement to furnish a bond for the faithful performance of said agreement.
NOW, THEREFORE, we the Principal and Everest National Insurance Company, as surety, are held firmly bound unto the City of El Paso de Robles, a municipal corporation of the State of California, hereinafter called "City", in the penal sum of Six Million Four Hundred Sixty-Four Thousand and No/1 oodollars ($ 6,464,000.00 ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, the City, its officers. agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
Exhibit A
DOC #2023035769 Page 120 of 192
The surety hereby stipulat~s and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder of the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration of addition •• to the terms of the agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrume Principal
and surety above named, on __ O_c_to_b-+-_2_4 _______ -+-.,'-,F-F----------r' 20 2..3.._.
B
Surety: Everest National Insurance Company
On __________ ,o
• By:
Cheryl
~ L. Thomas, ;t_.
Attorney-In-Fact
~
1340 Treat Blvd. Ste. 450
Address
Walnut Creek, CA 94597
Address
ACKNOWLEDGMENT
(here insert name and title of the officer)
personally appeared __________ ~=----------------- who proved to me on the basis of satisfactory evidenc be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/t xecuted the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument erson(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that is true and correct.
Witness my hand and official seaL
Signature ______________ _
Performance Bond
05/08
*See Attached
California Notary
Acknowledgement
Exhibit A
DOC #2023035769 Page 121 of 192
CALIFORNIA ALL-PURPOSE 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, .
accurac , or validity of that document.
State of qalifornia
County of San Luis Obispo
On 10/25/2023 before me, Lisa Kae Groves, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared Danny Brose
NAME(S) OF SIGNER(S)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
,~~~ (NOTARY SEAL)
SIGNATURE OF NOTARY PUBLIC
~ :
0 0 0 0 7,s;KA;G;ov;s O O I ~ Notary Public - California i San Luis Obispo County J ~ 0 ,~ ~ Commission# 2441117 - ◄,, ~ My Comm. Expires Mar 12, 2027
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL
0 CORPORATE OFFICER
TITLE{S)
0 PARTNER(S) 0 LIMITED
0 GENERAL
0 ATTORNEY-IN-FACT
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 OTHER
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
Performance Band
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
J Q/?4/2023
DATE OF DOCUMENT
Cheryl I, Thomas
SIGNER(S) OTHER THAN NAMED ABOVE
NONJC-069
01/0112015
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
cm• 11:_~ntial ceb.com 0 FormsPage 1 of 1
Exhibit A
DOC #2023035769 Page 122 of 192
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 _O_r_a_n-ge _______ _ }
On October 24, 2023 before me, W. Walker, Notary Public (Here insert name and title of the officer) personally appeared _C_h_e__.ry,_I_L_. _T_h_o_m_a_s _______________ _, who proved to me on the basis of satisfactory evidenc'e to be the personfs1 whose name~ isfafe subscribed to the within instrument and acknowledged to me that he-/she/they executed the same in hfsfher/#tetf authorized capacity~, and that by his-/herftheif signatureEsJ on the instrument the person(s-}, or the entity upon behalf of which the person(s-} acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and_ official seal. Notary Public • California :z Riverside County ~
Commission# 2325818
a ,• My Comm, Expires Mar 30, 2024 N&,Jb~ (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
Olsen Ranch 212, LLC
(Title or description of attached document)
Performance Bond
(Title or description of attached document continued)
Number of Pages _2_ Document Date 10/24/23
CAPACITY CLAIMED BY THE SIGNER
□ Individual (s)
□ Corporate Officer
(Title)
□ Partner(s)
0 Attorney-in-Fact
□ Trustee(s)
□ Other __________ _
:::'.G15 Version 1Nww.No!2ryClc1sses.corn BD0-873-9865
INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknolwedgents Ji-om 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. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which 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 commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/~ is /af<!J ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • 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 sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk.
❖ Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. ❖ Indicate title or type of attached document, number of pages and date. ❖ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple.
Exhibit A
DOC #2023035769 Page
Exhibit A
123 of 192
DOC #2023035769 Page 124 of 192
11...everest™
POWER OF A HORNEY
EVEREST NATIONAL INSURANCE COMPANY
KNOW ALL PERSONS BY THESE PRESENTS: That Everest National Insurance Company, a corporation of the State of Delaware ("Company") having its principal office located at Warren Corporate Center, 100 Everest Way, Warren, New Jersey, 07059, do hereby nominate, constitute, and appoint Shane Wolf, Cathy S. Kennedy, Beata A. Sensi, Cheryl L. Thomas, Todd M. Rohm, Wrenetta Walker its true and lawful Attomey(s)-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all bonds and undertakings in the nature thereof, for the penal sum of no one of which is in any event to exceed UNLIMITED, reserving for itself the full power of substitution and revocation.
Such bonds and undertakings, when duly executed by the aforesaid Attorney(s)-in-fact shall be binding upon the Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal.
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of Company ("Board") on April 21, 2016:
RESOLVED, that the President, any Executive Vice President, and any Senior Vice President are hereby appointed by the Board as authorized to make, execute, seal and deliver for and on behalf of the Company, any and all bonds, undertakings, contracts or obligations in surety or co-surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest to the execution of any such bonds, undertakings, contracts or obligations in surety or co-surety and attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the President, any Executive Vice President, and any Senior Vice President are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute, on behalf of the Company, bonds and undertakings in surety or co-surety with others, and that the Secretary or any Assistant Secretary of the Company be, and that each of them is hereby authorized to attest the execution of any such power of attorney, and to attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be affixed to such powers of attorney or lo any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking, contract or obligation in surety or co-surety with others to which it is attached.
IN WITNESS WHEREOF, Everest National Insurance Company has caused their corporate seals to be affixed hereto, and these presents to be signed by their duly authorized officers this 15th day of February 2023.
Everest Reinsurance Company
By: Anthony Romano, Senior Vice President
On this 15th day of February 2023, before me personally came Anthony Romano, known to me, who, being duly swam, did execute the above instrument; that he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto; and that Ile executed said instrument by like order.
LINDA ROBINS
Notary Public, State of New York
No 01 R06239736
Qualified in Queens County
Term Expires April 25, 2027
Linda Robins, Notary Public
I, Sylvia Semerdjian, Secretary of Everest National Insurance Company do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporation as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATION, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, this 24th day of October 202~.
By: Sylvia Semerdjian, Secretary
ES00010416
Exhibit A
DOC #2023035769 Page 125 of 192
PAYMENT BOND
PROJECT NO.: Vinedo Backbone - Zone 3
DEVELOPER: Olsen Ranch 212, LLC
PAYMENT BOND NO.: ES00016277
Premium: included in Performance Bond
WHEREAS, the City Council of the City of El Paso de Robles, State of California, and Olsen Ranch 212 LLC (hereinafter designated as "Principal") have entered into a Subdivision Improvement Agreement, whereby Principal agrees to install and complete certain designated public improvements, which said agreement, and identified as project Vinedo Backbone - Zone 3 , and is hereby referred to and made a part hereof; and WHEREAS, under the terms of said Agreement, "Principal" is required, before _entering upon the performance of the work, to file a good and sufficienJ payment bond with the City of EI Paso de Robles, a municipal corporation of the State of California, to secure the claims to which reference is made in Title 15 ( commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.
NOW, THEREFORE, said "Principal" and the undersigned as corporate surety, are held firmly bound unto the City of El Paso de Robles and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid Agreement and referred to in the aforesaid Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Six Million Four Hundred Sixty-Four Thousand and No/100 dollars ($ 6,464,000.00), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is . brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
Exhibit A
DOC #2023035769 Page 126 of 192
CITY OF EL PASO DE ROBLES
A MASTER-PAYMENT BOND
PAGE 2 OF3
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (Commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specification accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition.
IN WITNESS, WHEREOF, this instrument has been duly executed by the "Principal" and surety above named, on October 24
Principal
Everest National Insurance Company
Q,w,«/ t. 7}..£-oLIL--"
Surety Cheryl L. Thomas, Attorney-In-Fact
1340 Treat Blvd. Ste. 450, Walnut Creek, CA 94597
Address
(SIGNATURES MUST BE NOTARIZED)
Exhibit A
ACKNOWLEDGMENT
St
DOC #2023035769 Page 127 of 192
CITY OF EL PASO DE ROBLES
A MASTER-PAYMENT BOND
PAGE 3 OF 3
(here insert name and title of the officer)
personally appeared _______________________________ _
who proved to me on the basis of sat! ctory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ackn !edged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that b is/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) I certify under PENALTY OF PERJURY under the laws of the paragraph is true and correct.
of California that the foregoing
Witness my hand and official seal.
Signature _______________ _
*~ee Attached
Callfomia Notary
Acknow/$dgemant
ACKNOWLEDGMENT
State of ___________ } ss.
County of __________ _
On ___________ , before me, ____________________ _
(here insert name and title of the offi'cer)
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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
Witness my hand and official seal.
Signature ***See Attached CA All Purpose Acknowledgment*** Exhibit A
DOC #2023035769 Page 128 of 192
CALIFORNIA ALL-PURPOSE 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 San Luis Obispo
On 10/25/2023 before me, Lisa Kae Groves, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared Danny Brose
NAME(S) OF SIGNER(S)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/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.
~~~~J (NOTARY SEAL)
~oeeeeeeeeeeot
,v;L OF ,,, LISA KAE GROVES
: ¢./ ,.... Notary Public - California z ~ San Luis Obispo County ?; z , Commission # 2441117 -
SIGNATURE OF NOTARY PUBLIC ► My Comm. Expires Mar 12, 2027
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL
0 CORPORATE OFFICER
TITLE(S)
0 PARTNER(S) 0 LIMITED
0 GENERAL
0 ATTORNEY-IN-FACT
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
D OTHER
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
Payment Band
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
J Q/24/20?3
DATE OF DOCUMENT
Cheryl I, Thomas
SIGNER(S) OTHER THAN NAMED ABOVE
NONJC-069
01/01/2015
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CfB• '1 Essential ceb.com ,g] FonnsPage 1 of 1
Exhibit A
DOC #2023035769 Page 129 of 192
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 _O_r_a_ng_e _______ _ }
On October 24, 2023 before me, W. Walker, Notary Public (Here insert name and titJe of the officer)
personally appeared _C_h_e-'ry"-I_L_._T_h_o_m_a_s _______________ _ who proved to me on the basis of satisfactory evidence to be the personfs-} whose namefs, islafe subscribed to the within instrument and acknowledged to me that - he/she/they executed the same in hts/her/#teif authorized capacityftes}, and that by hi8-/herltheif signaturefs7 on the instrument the persont8"}, or the entity upon behalf of which the persont8"} acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
neeeeeeef
W, WALKER
WITNESS my hand and official seal.
!lJ.A~
Notary Public • C11ll(ornl1 z
Rfv11rsld11 County if
Commission II 232581! ~
y CoMm, Expires M/lr 30, 2024
Notary Public Signature • (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
Olsen Ranch 212, LLC
(Title or description of attached document)
Payment Bond
(Title or description of attached document continued)
Number of Pages _2_ Document Date 10/24/23
CAPACITY CLAIMED BY THE SIGNER
□ Individual (s)
□ Corporate Officer
(Title)
□ Partner(s)
0 Attorney-in-Fact
□ Trustee(s)
□ Other __________ _
INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknolwedgents Ji-om 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. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which 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 commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) -who personally appear at the time of notarization.
• Indicate the correct singular or plural forms by crossing off incorrect fonns (i.e. he/she/they, is 1-) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • 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 sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk.
❖ Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. ❖ Indicate title or type of attached document, number of pages and date. ❖ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple.
Exhibit A
DOC #2023035769
Exhibit A
DOC #2023035769 Page 131 of 192
1£.everest•M
POWER OF ATTORNEY
EVEREST NATIONAL INSURANCE COMPANY
KNOW ALL PERSONS BY THESE PRESENTS: That Everest National Insurance Company, a corporation of the State of Delaware ("Company") having its principal office located at Warren Corporate Center, 100 Everest Way, Warren, New Jersey, 07059, do hereby nominate, constitute, and appoint:
Shane Wolf, Cathy S. Kennedy, Beata A. Sensi, Cheryl L. Thomas, Todd M. Rohm, Wrenetta Walker its true and lawful Attorney(s)-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all bonds and undertakings in the nature thereof, for the penal sum of no one of which is in any event to exceed UNLIMITED, reserving for itself the full power of substitution and revocation.
Such bonds and undertakings, when duly executed by the aforesaid Attomey(s)-in-fact shall be binding upon the Company as fully and to the same extent as if such bonds and undertakings_ were signed by the President and Secretary of the Company and sealed with its corporate seal.
This Power of Attorney is granted and is signed by facsimil~ under and by the authority of the following Resolutions adopted by the Board of Directors of Company ("Board") on April 21, 2016:
RESOLVED, that the President, any Executive Vice President, and any Senior Vice President are hereby appointed by the Board as authorized to make, execute, seal and deliver for and on behalf of the Company, any and all bonds, undertakings, contracts or obligations in surety or co-surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest to the execution of any such bonds, undertakings, contracts or obligations in surety or co-surety and attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the President, any Executive Vice President, and any Senior Vice President are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute, on behalf of the Company, bonds and undertakings in surety or co-surety with others, and that the Secretary or any Assistant Secretary of the Company be, and that each of them is hereby authorized to attest the execution of any such power of attorney, and to attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking, contract or obligation in surety or co-surety with others to which it is attached.
IN WITNESS WHEREOF, Everest National Insurance Company has caused their corporate seals to be affixed hereto, and these presents to be signed by their duly authorized officers this 15th day of February 2023.
Everest Reinsurance Company
By: Anthony Romano, Senior Vice President
On this 15th day of February 2023, before me personally came Anthony Romano, known to me, who, being duly sworn, did execute the above instrument; that he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto; and that he executed said instrument by like order.
LINDA ROBINS
Notary Public, State of New York
No 01 R06239736
Qualified in Queens County
Term Expires April 25, 2027
Linda Robins, Notary Public
I, pylvia Semerdjian, Secretary of Everest National Insurance Company do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporation as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATION, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, this 24th day of October 2022_.
By: Sylvia Semerdjian, Secretary
ES 00 01 04 16
Exhibit A
DOC #2023035769 Page 132 of 192
COUNTY OF SAN LUIS OBISPO
DEPARTMENT OF PUBLIC WORKS
Standard Unit Costs for Project Security (Performance Bond) Project: VINEDO BACKBONE - ZONE 3
Prepared by: _E_J __________________ _
Firm Name: RICK ENGINEERING
Date: October 23, 2023
PRICE INDEX BASELINE, 2011 CAL TRANS INDEX= 51.6
2nd Quarter 2021 PRICE INDEX=
-ENGINEER'S SEAL-
_,..-;;::::-==::::::-....
10/25/23
Engineer's signature date
92.0 page 1 of 11
Caltrans
-RESULTSSubtotal
Cost Index Factor
Adjusted Subtotal
Inflation (10%)
Administration (206
/o-40%)
Adjusted Subtotal
Contingency (10%)
TOTAL SECURITY TO BE POSTED:
(rounded to the nearest $100)
$2,536,398.50
1.78 $4,520,294.69
$452,029.47
$904,058.94
$5,876,383.10
$587,638.31
$6,464,000
revised 6/1/2022
Exhibit A
DOC #2023035769 Page 133 of 192
SITE PREPARATION: SEC. 2-1 - - •• TYPE UNIT.COST- ---
UNIT ------
MINIMUM QUANTITY ---- --- TOTAL···"'.,- .•
CLEARING AND GRUBBING $0.03 SF - TREE REMOVAL $300.00 EA - CONCRETE REMOVAL s.w. $3.25 SF - CONCRETE REMOVAL C&G $10.00 LF - GRIND HOT MIX ASPHALT $1.03 SF $4,250 - DISPOSAL OF HOT MIX ASPHALT $50.00 CY $360 - OTHER REMOVAL (SPECIFY) - ABANDON WELL $1,650.00 EA - ABANDON SEPTIC SYSTEM $500.00 EA - DISPOSAL OF CUii BASE $29.00 CY $360 - EXCAVATION 0-1000 CY $22.00 CY $500 - 1 000-20000 CY $15.00 CY - >20000 CY $9.00 CY - IMPORT 0-1000 CY $31.00 CY $500 - 1000-20000 CY $22.00 CY - > 20000 CY $12.00 CY - FINE GRADING $0.30 SF - -
-
-
-
-
-
-
-
-
-
-
-
-
-
Subtotal -·
page 2 of 11
Exhibit A
DOC #2023035769 Page 134 of 192
ROADWAYS: SEC. 3-1 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL HOT MIX ASPHALT IN PLACE 2" $1.95 SF $800 -
HOT MIX ASPHALT IN PLACE 3" $2.90 SF $800 28000 81,200.00 HOT MIX ASPHALT IN PLACE 4" $3.70 SF $800 -
HOT MIX ASPHALT IN PLACE 5" $4.90 SF $800 - HOT MIX ASPHALT IN PLACE 6" $5.60 SF $800 85000 476,000.00 HOT MIX ASPHALT IN PLACE $135 TON $800 0 - CLASS II AGG. BASE 4" $0.87 SF 0 - CLASS 11 AGG. BASE 6" $1.30 SF - CLASS II AGG. BASE 8" $1.75 SF 28000 49,000.00 CLASS II AGG. BASE 10" $2.10 SF 0 -
CLASS II AGG. BASE 12" $2.50 SF -
CLASS II AGG. BASE 18" $3.70 SF 85000 314,500.00
CLASS II AGG. BASE $35.00 TON - CROSS GUTTER AND SPANDREL D-5 $17.00 SF 1000 17,000.00 GEOTEXTLE FABRIC $1.00 SF -
SEAL COAT/SLURRY SEAL $0.60 SF - CHIP SEAL $2.00 SF -
SAW CUT CONCRETE $4.00 LF $250 - SAW CUT_ HMA $2.17 LF $250 150 325.50 -
-
-
-
-
-
-
-
-
-
-
- Subtotal 938,025.:50
page 3 of 11
Exhibit A
DOC #2023035769 Page 135 of 192
ROAD EDGES: SEC. 4-1 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL DRIVEWAY APPROACH -CONCRETE (B-2,3) $9.00 SF 500 4,500.00 DRIVEWAY APPROACH- HMA (B-1) $5.50 SF -
HANDICAP RAMP C-5 $13.00 SF 2800 36,400.00
CURB AND GUTTER 6" (C-2) $22.00 LF 5000 110,000.00
CURB ONLY C-2A $16.00 LF 3700 59,200.00
HOT MIX ASPHALT DIKE C-3 $10.00 LF $800 - SIDEWALK C-4 $10.00 SF 10000 100,000.00 GUARDRAIL $40.00 LF 0 -
STREET TREE WELL M-5 $700.00 EA - DECOMPOSED GRANITE WALKWAY $1.50 SF $625 - -
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
- Subtotal 310,100.00
page 4 of 11
Exhibit A
DOC #2023035769 Page 136 of 192
STORM DRAIN: SEC. 5-1 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL;; CURB INLET D-2 $3,900 EA 3 11,700.00
RURAL INLET D-2A,8 $1,700 EA 1 1,700.00
CULVERT PIPE 15" $38.00 LF - CULVERT PIPE 18" $60.00 LF 200 12,000.00 CULVERT PIPE 24" $80.00 LF 120 9,600.00
CULVERT PIPE 30" $90.00 LF 120 10,800.00
CULVERT PIPE 36" $105.00 LF 0 - CULVERT PIPE 48" $135.00 LF 0 - CULVERT PIPE 60" $150.00 LF 0 - HEADWALL (CAL TRANS D89) 15"-36" PIPE $3,420.00 EA 0 - HEADWALL -WING TYPE (D89) 18"-60" $4,800.00 EA 2 9,600.00 UNDERDRAIN (SIDEWALK) D-4A, D-4B $1,500.00 EA - UNDERDRAIN (SIDEWALK) PIPE D-4 $500.00 EA - RIP-RAP DISSIPATER 0.25 TON, H-5 $150.00 CY 0 - RIP-RAP DISSIPATER 0.5 TON, H-5 $160.00 CY - RIP-RAP DISSIPATER 1 TON, H-5 $170.00 CY - RIP-RAP DISSIPATER 2 TON, H-5 $180.00 CY - OVERSIDE DRAIN, (CAL TRANS) HMA $320.00 EA - CONCRETE V-DITCH (SLOPE) $40.00 LF - MANHOLE D-3 8' DEPTH $4,500 EA 1 4,500.00 TIE TO EX. MANHOLE $2,000 EA 1 2,000.00
UNDERGROUND BASIN STORMTECH $8.00 CF $500 -
CATCH BASIN 36"x36" $2,500 EA 0 -
-
-
- I -
-
-
-
- Subtotal 61;900.00
page 5 of 11
Exhibit A
DOC #2023035769 Page 137 of 192
WATER SUPPLY: SEC. 6-1 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL WATER SERVICE AND METER BOX W-4 $1,700.00 EA 1 1,700.00 RAISE WATER METER $400.00 EA - WATER MAIN 6" $50.00 LF - WATER MAIN 8" $58.00 LF 900 52,200.00 WATER MAIN 10" $68.00 LF 700 47,600.00
WATER MAIN 12" $92.00 LF 2700 248,400.00
WATER MAIN 14" $106.00 LF 0 - WATER MAIN 16" $120.00 LF 0 - HOT TAP ( 6" $1,998.00 EA 0 - HOT TAP 8" $2,238.00 EA 0 - HOT TAP 10" $3,219.00 EA - GATE VALVE 4" $514.00 EA 0 - GATE VALVE 6" $1,500.00 EA 0 - GATE VALVE 8" $2,056.00 EA 30 61,680.00
FIRE HYDRANT W-2 $4,800.00 EA 4 19,200.00
RELOCATE FIRE HYDRANT $2,280.00 EA - BLOWOFF ASSEMBLY W-5 $2,000.00 EA 5 10,000.00 AIR RELIEF VALVE W-6, 1" $1,550.00 EA - AIR RELIEF VALVE W-6, 2" $2,370.00 EA .3 7,110.00 AIR RELIEF VALVE W-6,4" $5,285.00 EA 0 - WATER SAMPLING STATION W-7 $1,250.00 EA - THRUST BLOCKS W-1, 6" $275.00 EA 0 - THRUST BLOCKS W-1, 8" $385.00 EA 3 1,155.00 THRUST BLOCKS W-1, 10" $484.00 EA 9 4,356.00
THRUST BLOCKS W-1, 12" $714.00 EA 3 2,142.00
STEEL WATER TANK WELDED $1.50 PER GAL - STEEL WATER TANK BOLTED $1.00 PER GAL - RWBWV 12" $30,000.00 EA 0 - RWBWV 10" $23,000.00 EA 0 - -
Subtotal 455,543.00
page 6 of 11
Exhibit A
DOC #2023035769 Page 138 of 192
WASTEWATER DISPOSAL: SEC. 7-1 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTA~:·. . " SEWER LATERAL, TIE IN S-3 $1,350.00 EA - SEWER LATERAL, TIE IN STEEP S-3a $1,600.00 EA - SEWER CLEANOUT S-2 $1,500.00 EA - SEWER MAIN (BACKFILL TYPE) 6" NATIVE $35.00 LF - SEWER MAIN (BACKFILL TYPE) 8" NATIVE $50.00 LF 2300 115,000.00 SEWER MAIN (BACKFILL TYPE) 6" IMPORT $40.00 LF 0 - SEWER MAIN (BACKFILL TYPE) 8" IMPORT $60.00 LF - SEWER MAIN (BACKFILL TYPE) 12" IMPORT $75.00 LF - SLURRY BACKFILL $19.00 LF 0 - MANHOLE TYPICAL (S-1) $4,500.00 EA 11 49,500.00 MANHOLE DROP (S-1A) $5,400.00 EA 0 - TIE TO EXISTING MANHOLE $2,000.00 EA 1 2,000.00 FORCE MAIN 4" OR LESS $40.00 LF 0 - ADJUST MANHOLE COVER $535.00 EA 0 - -
- - -
-
-
-
-
- -.
- - -
-
-
-
-
-
-
- Subtotal 166,500.00
page 7 of 11
Exhibit A
DOC #2023035769 Page 139 of 192
UTILITIES: SEC. 8-1 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL JOINT TRENCH P-4 $40.00 LF - GAS TRENCH $24.00 LF - PIPE JACKING (BORING) 6" PIPE OR LESS $120.00 LF - SERVICE POLE RELOCATE $1,000.00 EA - TELEPHONE POLE RELOCATE $2,500.00 EA - ELECTRIC POLE RELOCATE $6,000.00 EA 0 - JUNCTION POLE RELOCATE $9,000.00 EA 0 - UNDERGROUND + JP RELOCATE $15,000.00 EA 0 - INSTALL SIDEWALK GUY $1,300.00 EA - STREET LIGHTS $5,000.00 EA 15 75,000.00 GUY ANCHOR ONLY RELOCATE $1,800.00 EA 0 - GUY POLE AND ANCHOR RELOCATE $3,100.00 EA 0 - 4" PVC CONDUIT $7.50 LF 7400 55,500.00 CONDUIT PULL BOX 3'X3'X4' $2,750.00 EA 6 16,500.00
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
- Subtotal 147,000.00
page 8 of 11
Exhibit A
DOC #2023035769 Page 140 of 192
TRAFFIC CONTROL: SEC. 9-1 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL •• TRAFFIC STRIPING THERMOPLASTIC $3.00 SF BULK -
TRAFFIC STRIPING PAINT $0.60 LF 0 - TRAFFIC STRIPING THERMOPLASTIC $1.20 LF 2200 2,640.00 REMOVE STRIPING $3.00 LF - TRAFFIC MARKING $1.25 SF - STOP + STREET NAME SIGNS M-4 $600.00 EA 5 3,000.00 STREET NAME SIGN ONLY M-4 $300.00 EA - BARRICADE METAL (M-2) $1,300.00 EA - BARRICADE WOOD (M-2A) $80.00 LF 230 18,400.00 MARKERS AND DELINEATORS $32.00 EA 0 -
CONSTRUCTION AREA SIGNS $400.00 EA - TRAFFIC CONTROL % OF IMPV. 3% EA 6,300,000.00 189,000.00 -
-
-
-
-
-
-
-
-
- -
-
-
-
-
-
-
-
-
- Subtotal 213,040.00
page 9 of 11
Exhibit A
DOC #2023035769 Page 141 of 192
EROSION CONTROL: SEC.1.1.2.J & APP.B TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL SAND OR GRAVEL BAG $3.00 EA 80 240.00
JUTE MAT $0.35 SF 0 - STRAW MAT $0.28 SF 0 - STRAW BALE BARRIER $5.24 LF - STRAW BALE INLET BARRIER $3.53 LF - SILT FENCE $2.81 LF 5000 14,050.00 FIBER ROLLS $1.96 LF -
FIBER MAT $0.40 SF 0 - HYDROSEED $0.33 SF 0 -
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
- Subtotal 14,"290.00
page 10 of 11
Exhibit A
DOC #2023035769 Page 142 of 192
MISCELLANEOUS TYPE UNITCOST UNIT MINIMUM QUANTITY TOTAL CHAIN LINK FENCE 6'NEW $35.00 LF 0 - OTHER FENCE LF - GATE - $721.00 EA - LANDSCAPE AND IRRIGATION $2.00 SF $500 115000 230,000.00 MONUMENT WELLS M-1,M-1A $700.00 EA - RETAINING WALLS CMU/POURED $38.00 SF (FACE WALL) 0 - RETAINING WALLS GRAVITY $28.00 SF (FACE WALL) 0 - -
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
- - -
-
-
-
-
-
- Subtotal 230000.00
page 11 of 11
Exhibit A
DOC #2023035769 Page 143 of 192
CITY OF EL PASO DE ROBLES
"The Pass of the Oaks"
PERFORMANCE BOND
PROJECT NO.: Vinedo Backbone - Zone 4
DEVELOPER: Olsen Ranch 212, LLC
PERFORMANCE BOND NO: ES00016281
Premium: $34,302.00
WHEREAS, the City Council of the City of El Paso de Robles, State of California, and Olsen Ranch 212 LLC (hereinafter designated as
"Principal") have entered into a Subdivision Improvement Agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, and identified as projectVinedo Backbone - Zone 4, is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said Agreement to furnish a bond for the faithful performance of said agreement.
NOW, THEREFORE, we the Principal and Everest National Insurance Company, as surety, are held firmly bound unto the City of El Paso de Robles, a municipal corporation of the State of California, hereinafter called "City", m the penal sum of One Million Seven Hundred Fifteen Thousand One Hundred and N0/10Qdollars ($1,715,100.00 ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable1attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
Exhibit A
DOC #2023035769 Page 144 of 192
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder of the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration of addition to the terms of the agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument
and surety above named, on __ O_c_t_o_b_e_r_2_4~---------'r-i-""7"r"--,,,_, s
Surety: Everest National Insurance Company
By:
Cheryl
C&.;._. L. Thomas, 't..
Attorney-In-Fact
~
1340 Treat Blvd. Ste. 450
Address
Walnut Creek, CA 94597
Address
ACKNOWLEDGMENT
On-----~-----' before me, ___________________ ___,
(here inse11 name and title of the officer)
personally appeared __ ____,,, ________________________ _ who proved to me on the bas of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ackno edged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/the1 ignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the i trument.
I certify under PENAL TY OF PERJURY under e laws of the State of California that the foregoing paragraph is true and correct.
Witness my hand and official seal.
Signature ______________ _
Performance Bond
05/08
,J;,See Attached
California Notary
Acknowledgement
Exhibit A
DOC #2023035769 Page 145 of 192
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 _O_r_a_n..,_ge _______ _ }
On October 24, 2023 before me, _w_._W_a_lk_e_r~•-N--,~ .... H!"'"~'"'[;Y="'s-=-=ert""'~,.,.a~=-~:-a=-= 1!-:.~"'titl,,..e°"'ot""'th"'e""'offi""c'"°er"")----~ personally appeared Cheryl L. Thomas --~---------------------------- who proved to me on the basis of satisfactory evidence to be the personfs-} whose name~ isfare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in h+slher/-tl,eif authorized capacityfies}, and that by hfs-/herftheif signatureEs-} on the instrument the person~, or the entity upon behalf of which the person~ acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ········1 W. WALKER Notary Public - California z
WITNESS my hand and official seal. Riverside County ~
Commission# 2325818
y Comm. Expires Mar 30, 2024
N,~:s4~::J (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
Olsen Ranch 212, LLC
(Title or description of attached document)
Performance Bond
(Title or description of attached document continued)
Number of Pages _2_ Document Date 10/24/23
CAPACITY CLAIMED BY THE SIGNER
□ Individual (s)
□ Corporate Officer
(Title)
□ Partner(s)
0 Attorney-in-Fact
□ Trustee(s)
□ Other _________ _
::::015 '-/ers1on www.NotaryClasses.com (;C!0-873-9865
INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the doc11ment. Ackno/wedgentsji-om other states may be completed for doc11ments being sent to that state so long as the wording does not req11ire the California notary to violate California nota,y law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which 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 commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization.
• 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 information may lead to rejection of document recording. • 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 sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk.
❖ Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. ❖ Indicate title or type of attached document, number of pages and date. ❖ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple.
Exhibit A
DOC #2023035769 Page 146 of 192
Exhibit A
DOC #2023035769 Page 147 of 192
11..everest™
POWER OF A HORNEY
EVEREST NATIONAL INSURANCE COMPANY
KNOW ALL PERSONS BY THESE PRESENTS: That Everest National Insurance Company, a corporation of the State of Delaware ("Company") having its principal office located at Warren Corporate Center, 100 Everest Way, Warren, New Jersey, 07059, do hereby nominate, constitute, and appoint:
Shane Wolf, Cathy S. Kennedy, Beata A. Sensi, Cheryl L. Thomas, Todd M. Rohm, Wrenetta Walker its true and lawful Attomey(s)-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all bonds and undertakings in the nature thereof, for the penal sum of no one of which is in any event to exceed UNLIMITED, reserving for itself the full power of substitution and revocation.
Such bonds and undertakings, when duly executed by the aforesaid Attomey(s)-in-fact shall be binding upon the Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal.
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of Company ("Board") an April 21, 2016:
RESOLVED, that the President, any Executive Vice President, and any Senior Vice President are hereby appointed by the Board as authorized to make, execute, seal and deliver for and on behalf of the Company, any and all bonds, undertakings, contracts or obligations in surety or co-surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest to the execution of any such bonds, undertakings, contracts or obligations in surety or co-surety and attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the President, any Executive Vice President, and any Senior Vice President are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute, on behalf of the Company, bonds and undertakings in surety or co-surety with othera, and that the Secretary or any Assistant Secretary of the Company be, and that each of them is hereby authorized to attest the execution of any such power of attorney, and to attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking, contract or obligation in surety or co-surety with others to which it is attached.
IN WITNESS WHEREOF, Everest National Insurance Company has caused their corporate seals to be affixed hereto, and these presents to be signed by their duly authorized officers this 15th day of February 2023.
Everest Reinsurance Company
By: Anthony Romano, Senior Vice President
On this 15th day of February 2023, before me personally came Anthony Romano, known to me, who, being duly sworn, did execute the above instrument; that he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto; and that he executed said instrument by like order.
LINDA ROBINS
Notary Public, State of New York
No 01R06239736
Qualified in Queens County
Term Expires April 25, 2027
Linda Robins, Notary Public
I, Sylvia Semerdjian, Secretary of Everest National Insurance Company do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporation as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATION, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, this 24th day of October 2022_.
By: Sylvia Semerdjian, Secretary
ES DO 010416
Exhibit A
DOC #2023035769 Page 148 of 192
PAYMENT BOND
PROJECT NO.: Vinedo Backbone - Zone 4
DEVELOPER: Olsen Ranch 212, LLC
PAYMENT BOND NO.: ES00016281
Premium: included in Performance Bond
WHEREAS, the City Council of the City of El Paso de Robles, State of California, and Olsen Ranch 212, LLC (hereinafter designated as "Principal") have entered into a Subdivision Improvement Agreement, whereby Principal agrees to install and complete certain designated public improvements, which said agreement, and identified as project Vinedo Backbone - Zone 4 , and is hereby referred to and made a part hereof; and WHEREAS, under the terms of said Agreement, "Principal" is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of El Paso de Robles, a municipal corporation of the State of California, to secure the claims to which reference is made in Title 15 ( commencing with Section 3082) of Part 4 of Division 3 of the Civil Code •Of the State of California.
NOW, THEREFORE, said "Principal" and the undersigned as corporate surety, are held firmly bound unto the City of El Paso de Robles and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid Agreement and referred to in the aforesaid Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of One Million Seven Hundred Fifteen Thousand One Hundred and N0/100 dollars ($ 1,715,100.00), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such, work or labor, that said surety will pay the same in an amount not ,exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the.judgment therein rendered,
Exhibit A
DOC #2023035769 Page 149 of 192
CITY OF EL PASO DE ROBLES
A MASTER-PAYMENT BOND
PAGE2OF3
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (Commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specification accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition.
IN WITNESS, WHEREOF, this instrument has been duly executed by~e "Pr" cipal" and
,
surety above named, on October 24 d
sen Ra ch 212,
~
LLC • ' ~
B. ---
Principal
Everest National Insurance Company
~;f../uvrt.~
Surety Cheryl L. Thomas, Attorney-In-Fact
1340 Treat Blvd. Ste. 450, Walnut Creek, CA 94597
Address
(SIGNATURES MUST BE NOTARIZED)
Exhibit A
ACKNOWLEDGMENT
DOC #2023035769 Page 150 of 192
CITY OF EL PASO DE ROBLES
A MASTER~ PAYMENT BOND
PAGE30F3
(here insert name and title of the officer)
personally appeared ______ _,,___ _____________________ _ who proved to me on the basis of s ·sfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and a owledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and tha his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person I certify under PENALTY OF PERJURY under the laws oft State of California that the foregoing paragraph is true and correct.
Witness my hand and official seal.
Signature ______________ _
"'See Attached
California Notary
Acknowledgement
ACKNOWLEDGMENT
State of ___________ } ss.
County of _________ _
'.Seal)
On __________ ., before me, ____________________ .
(here insert name and title of the officer)
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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
Witness my hand and official seal.
Signature***See Attached CA All Purpose Acknowledgment*** Exhibit A
DOC #2023035769 Page 151 of 192
CALIFORNIA ALL-PURPOSE 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 San Luis Obispo
On 10/25/2023 before me, Lisa Kae Groves, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared Danny Brose
NAME(S) OF SIGNER(S)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/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 PENAL TY OF.PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
L-- Gl_A_~ (NOTARY SEAL)
SIGNATURE OF NOTARY PUBLIC
OPTIONAL
LISA KAE GROVES
Notary Public - California
c San Luis Obispo County ! ~,►' Commission # 2441117
My Comm, Expires Mar 12, 2027
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL
0 CORPORATE OFFICER
TITLE(S)
0 PARTNER(S) 0 LIMITED
0 GENERAL
0 ATTORNEY-IN-FACT
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 OTHER
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
Payment Bond
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
J Q/?4/2023
DATE OF DOCUMENT
Cheryl I, Thomas
SIGNER(S) OTHER THAN NAMED ABOVE
NONJC-069
01/01/2015
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CEB" I Essential ceb.com ru FonnsPage 1 of 1
Exhibit A
DOC #2023035769 Page 152 of 192
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 _O_r_a_ng.._e _______ _ }
On October 24, 2023 before me, W. Walker, Notary Public (Here insert name and title of the officer) personally appeared _C_h_e_,ry'-I_L_. _T_h_o_m_a_s _______________ _ who proved to me on the basis of satisfactory evidence to be the personfs7 whose name~ isfafe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisfher/tFtetf authorized capacityfies}, and that by hts-/herltheir signaturefs,} on the instrument the personts'}, or the entity upon behalf of which the personfs7 acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. o o o - o - 0 - w, WALKER C
otary Public· California r
Riverside County z
ommlsslon # 2 3 2581 ;G~~lseal
Notary Public Signature (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
Olsen Ranch 212, LLC
(Title or description of attached document)
Payment Bond
(Title or description of attached document continued)
Number of Pages _2_ Docu~ent Date 1 0/24/23
CAPACITY CLAIMED BY THE SIGNER
□ Individual (s)
□ Corporate Officer
(Title)
□ Partner(s)
0 Attorney-in-Fact
□ Trustee(s)
□ Other _________ _
INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Ac/mo/wedgents Ji-om 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 nota1y law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which 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 commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /&ff! ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • 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 sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk.
❖ Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. ❖ Indicate title or type of attached document, number of pages and date. ❖ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple.
DOC
Exhibit A
#2023035769 Page 153 of 192.
DOC #202_3035769 Page 154 of 192
POWER OF ATTORNEY
EVEREST NATIONAL INSURANCE COMPANY
KNOW ALL PERSONS BY THESE PRESENTS: That Everest National Insurance Company, a corporation of the State of Delaware ("Company") having its principal office located at Warren Corporate Center, 100 Everest Way, Warren, New Jersey, 07059, do hereby nominate, constitute, and appoint:
Shane Wolf, Cathy S. Kennedy, Beata A. Sensi, Cheryl L. Thomas, Todd M. Rohm, Wrenetta Walker its true and lawful Attomey(s)-in-fact to make, execute, attest. seal and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all bonds and undertakings in the nature thereof, for the penal sum of no one of which is in any event to exceed UNLIMITED, reserving for itself the full power of substitution and revocation.
Such bonds and undertakings, when duly executed by the aforesaid Attorney(s)-in-fact shall be binding upon the Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal.
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of Company ("Board") on April 21, 2016:
RESOLVED, that the President, any Executive Vice President, and any Senior Vice President are hereby appointed by the Board as authorized to make, execute, seal and deliver for and on behalf of the Company, any and all bonds, undertakings, contracts or obligations in surety or co-surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest to the execution of any such bonds, undertakings, contracts or obligations in surety or co-surety and attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the President, any Executive Vice President, and any Senior Vice President are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute, on behalf of the Company, bonds and undertakings in surety or co-surety with others, and that the Secretary or any Assistant Secretary of the Company be, and that each of them is hereby authorized to attest the execution of any such power of attorney, and to attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking, contract or obligation in surety or co-surety with others to which it is attached.
IN WITNESS WHEREOF, Everest National Insurance Company has caused their corporate seals to be affixed hereto, and these presents to be signed by their duly authorized officers this 15th day of February 2023.
Everest Reinsurance Company
By: Anthony Romano, Senior Vice President
On this 15th day of February 2023, before me personally came Anthony Romano, known to me, who, being duly sworn, did execute the above instrument; that he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto; and that he executed said instrument by like order.
LINDA ROBINS
Notary Public, State of New York
No 01 R06239736
Qualified in Queens County
Term Expires April 25, 2027
Linda Robins, Notary Public
I, Sylvia Semerdjian, Secretary of Everest National Insurance Company do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporation as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATION, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, this 24th day of October 2022_.
By: Sylvia Semerdjian, Secretary
ES00010416
Exhibit A
DOC #2023035769 Page 155 of 192
COUNTY OF SAN LUIS OBISPO
DEPARTMENT OF PUBLIC WORKS
Standard Unit Costs for Project Security (Performance Bond) Project: VINEDO BACKBONE - ZONE 4
Prepared by: _E_J __________________ _
Firm Name: RICK ENGINEERING
Date: October 23, 2023
PRICE INDEX BASELINE, 2011 CALTRANS INDEX=
2nd Quarter 2021 PRICE INDEX =
51.6 92.0 Caltrans
-ENGINEER'S SEAL10/25/23
Engineer's signature date
page 1 of 11
-RESULTSSubtotal
Cost Index Factor
Adjusted Subtotal
Inflation (10%)
Administration (20%-40%)
Adjusted Subtotal
Contingency (10%)
TOTAL SECURITYTO BE POSTED:
(rounded to the nearest $100)
$672,974.00
1.78 $1,199,354.44
$119,935.44
$239,870.89
$1,559,160.77
$155,916.08
$1,715,100
revised 6/1/2022
Exhibit A
DOC #2023035769 Page 156 of 192
SITE PREPARATION: SEC. 2-1 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL.) {,.
CLEARING AND GRUBBING $0.03 SF - TREE REMOVAL $300.00 EA - CONCRETE REMOVAL s.w. $3.25 SF - CONCRETE REMOVAL C&G $10.00 LF - GRIND HOT MIX ASPHALT $1.03 SF $4,250 - DISPOSAL OF HOT MIX ASPHALT $50.00 CY $360 - OTHER REMOVAL (SPECIFY) - ABANDON WELL $1,650.00 EA - ABANDON SEPTIC SYSTEM ' $500.00 EA - DISPOSAL OF CUii BASE $29.00 CY $360 - EXCAVATION 0-1000 CY $22.00 CY $500 - 1000-20000 CY $15.00 CY - > 20000 CY $9.00 CY - IMPORT 0-1000 CY $31.00 CY $500 - 1 000-20000 CY $22.00 CY - > 20000 CY $12.00 CY - FINE GRADING $0.30 SF - -
-
-
-
-
-
- - -
-
-
-
-
-
- Subtotal -
page 2 of 11
Exhibit A
DOC #2023035769 Page 157 of 192
ROADWAYS: SEC. 3-1 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL HOT MIX ASPHALT IN PLACE 2" $1.95 SF $800 - HOT MIX ASPHALT IN PLACE 3" $2.90 SF $800 8200 23,780.00 HOT MIX ASPHALT IN PLACE 4" $3.70 SF $800 - HOT MIX ASPHALT IN PLACE 5" $4.90 SF $800 - HOT MIX ASPHALT IN PLACE 6" $5.60 SF $800 24000 134,400.00 HOT MIX ASPHALT IN PLACE $135 TON $800 0 - CLASS II AGG. BASE 4" $0.87 SF 0 - CLASS II AGG. BASE 6" $1.30 SF - CLASS II AGG. BASE 8" $1.75 SF 8200 14,350.00 CLASS II AGG. BASE 10" $2.10 SF 0 - CLASS II AGG. BASE 12" $2.50 SF - CLASS II AGG. BASE 18" $3.70 SF 24000 88,800.00 CLASS II AGG. BASE $35.00 TON - CROSS GUTTER AND SPANDREL D-5 $17.00 SF 300 5,100.00 GEOTEXTLE FABRIC $1.00 SF - SEAL COAT/SLURRY SEAL $0.60 SF - CHIP SEAL $2.00 SF - SAW CUT CONCRETE $4.00 LF $250 - SAW CUT HMA $2.17 LF $250 • 40 250.00 -
-
-
-
-
-
-
-
-
-
-
- Subtotal 266,680.00
page 3 of 1-1
Exhibit A
DOC #2023035769 Page 158 of 192
ROAD EDGES: SEC. 4-1 TYPE UNIT COST· UNIT MINIMUM QUANTITY TOTAL DRIVEWAY APPROACH - CONCRETE (8-2,3) $9.00 SF 150 1,350.00 DRIVEWAY APPROACH - HMA (B-1) $5.50 SF - HANDICAP RAMP C-5 $13.00 SF 800 10,400.00 CURB AND GUTTER 6" (C-2) $22.00 LF 1500 33,000.00
CURB ONLY C-2A $16.00 LF 1100 17,600.00
HOT MIX ASPHALT DIKE C-3 $10.00 LF $800 - SIDEWALK C-4 $10.00 SF 3000 30,000.00 GUARDRAIL $40.00 LF 0 - STREET TREE WELL M-5 $700.00 EA - DECOMPOSED GRANITE WALKWAY $1.50 SF $625 - -
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Sµbtotal 92,35Q.D0
page 4 of 11
Exhibit A
DOC #2023035769 Page 159 of 192
STORM DRAIN: SEC. 5-1 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL CURB INLET D-2 $3,900 EA 0 - RURAL INLET D-2A,B $1,700 EA 0 - CULVERT PIPE 15" $38.00 LF - CULVERT PIPE 18" $60.00 LF 0 - CULVERT PIPE 24" $80.00 LF 0 -
CULVERT PIPE 30" $90.00 LF 0 - CULVERT PIPE 36" $105.00 LF 0 - CULVERT PIPE 48" $135.00 LF 0 - CULVERT PIPE 60" $150.00 LF 0 - HEADWALL (CAL TRANS D89) 15"-36" PIPE - $3,420.00 EA 0 - HEADWALL -WING TYPE (D89) 18"-60" $4,800.00 EA 0 - UNDERDRAIN (SIDEWALK) D-4A, D-4B $1,500.00 EA - UNDERDRAIN (SIDEWALK) PIPE D-4 $500.00 EA -
RIP-RAP DISSIPATER 0.25 TON, H-5 $150.00 CY 0 - RIP-RAP DISSIPATER 0.5 TON, H-5 $160.00 CY - RIP-RAP DISSIPATER 1 TON, H-5 $170.00 CY - RIP-RAP DISSIPATER 2 TON, H-5 $180.00 CY - OVERSIDE DRAIN, (CAL TRANS) HMA $320.00 EA - CONCRETE V-DITCH (SLOPE) $40.00 LF - MANHOLE D-3 8' DEPTH $4,500 EA 0 - TIE TO EX. MANHOLE $2,000 EA 0 - UNDERGROUND BASIN STORMTECH $8.00 CF $500 - CATCH BASIN 36"x36" $2,500 EA 0 - -
-
-
-
-
-
-
-
Subtotal -
page 5 of 11
Exhibit A
DOC #2023035769 Page 160 of 192
WATER SUPPLY: SEC. 6-1 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL WATER SERVICE AND METER BOX W-4 $1,700.00 EA 0 - RAISE WATER METER $400.00 EA - WATER MAIN 6" $50.00 LF - WATER MAIN 8" $58.00 LF 260 15,080.00 WATER MAIN 10" $68.00 LF 200 13,600.00
WATER MAIN 12" $92.00 LF 700 64,400.00
WATER MAIN 14" $106.00 LF 0 - WATER MAIN 16" $120.00 LF 0 - HOT TAP 6" $1,998.00 EA 0 - HOT TAP 8" $2,238.00 EA 0 - HOT TAP 10" $3,219.00 EA - GATE VALVE 4" $514.00 EA 0 - GATE VALVE 6" $1,500.00 EA 0 - GATE VALVE 8" $2,056.00 EA 8 16,448.00 FIRE HYDRANT W-2 $4,800.00 EA 1 4,800.00
RELOCATE FIRE HYDRANT $2,280.00 EA - BLOWOFF ASS EMBLY W-5 $2,000.00 EA 1 2,000.00 AIR RELIEF VALVE W-6, 1" $1,550.00 EA - AIR RELIEF VALVE W-6, 2" $2,370.00 EA 1 2,370.00 AIR RELIEF VALVE W-6, 4" $5,285.00 EA 0 - WATER SAMPLING STATION W-7 $1,250.00 EA - THRUST BLOCKS W-1, 6" $275.00 EA 0 - THRUST BLOCKS W-1, 8" $385.00 EA 1 385.00 THRUST BLOCKS W-1, 10" $484.00 EA 3 1,452.00
THRUST BLOCKS W-1, 12" $714.00 EA 1 714.00
STEEL WATER TANK WELDED $1.50 PER GAL - STEEL WATER TANK BOLTED $1.00 PER GAL - RWBWV 12" $30,000.00 EA 0 - RWBWV 10" $23,000.00 EA 0 - - Subtotal 121,249.00
Exhibit A
DOC #2023035769 Page 161 of 192
WASTEWATER DISPOSAL: SEC. 7-1 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL SEWER LATERAL, TIE IN S-3 • $1,350.00 EA - SEWER LATERAL, TIE IN STEEP S-3a $1,600.00 EA - SEWER CLEANOUT S-2 $1,500.00 EA - SEWER MAIN (BACKFILL TYPE) 6" NATIVE $35.00 LF - SEWER MAIN (BACKFILL TYPE) 8" NATIVE $50.00 LF 300 15,000.00 SEWER MAIN (BACKFILL TYPE) 6" IMPORT $40.00 LF 0 - SEWER MAIN (BACKFILL TYPE) 811 IMPORT $60.00 LF - SEWER MAIN (BACKFILL TYPE) 12" IMPORT $75.00 LF - SLURRY BACKFILL $19.00 LF 0 - MANHOLE TYPICAL (S-1) $4,500.00 EA 1 4,500.00 MANHOLE DROP (S-1A) $5,400.00 EA 0 - TIE TO EXISTING MANHOLE $2,000.00, EA 0 - FORCE MAIN 4" OR LESS $40.00 LF 0 - ADJUST MANHOLE COVER $535.00 EA 0 - -
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Subtotal 19,500.00
page 7 of 11
Exhibit A
DOC #2023035769 Page 162 of 192
UTILITIES: SEC. 8-1 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL.
JOINT TRENCH P-4 $40.00 LF - GAS TRENCH $24.00 LF - PIPE JACKING (BORING) 6" PIPE OR LESS $120.00 LF - SERVICE POLE RELOCATE $1,000.00 EA - TELEPHONE POLE RELOCATE $2,500.00 EA - ELECTRIC POLE RELOCATE $6,000.00 EA 0 - JUNCTION POLE RELOCATE $9,000.00 EA 0 - UNDERGROUND + JP RELOCATE $15,000.00 EA 0 - INSTALL SIDEWALK GUY $1,300.00 EA - STREET LIGHTS $5,000.00 EA 4 20,000.00 GUY ANCHOR ONLY RELOCATE $1,800.00 EA 0 - GUY POLE AND ANCHOR RELOCATE $3,100.00 EA 0 - 4" PVC CONDUIT $7.50 LF 2200 16,500.00 CONDUIT PULL BOX 3'X3'X4' $2,750.00 EA 2 5,500.00
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
- Subtotal 42;000.9p
page 8 of 11
Exhibit A
DOC #2023035769 Page 163 of 192
TRAFFIC CONTROL: SEC. 9-1 TYPE UNIT COST UNIT "MINIMUM QUANTITY TOTAL TRAFFIC STRIPING THERMOPLASTIC $3.00 SF BULK - TRAFFIC STRIPING PAINT $0.60 LF 0 - TRAFFIC STRIPING THERMOPLASTIC $1.20 LF 600 720.00 REMOVE STRIPING $3.00 LF - TRAFFIC MARKING $1.25 SF - STOP + STREET NAME SIGNS M-4 $600.00 EA 1 600.00 STREET NAME SIGN ONLY M-4 $300.00 EA - BARRICADE METAL (M-2) $1,300.00 EA - BARRICADE WOOD (M-2A) $80.00 LF 70 5,600.00 MARKERS AND DELINEATORS $32.00 EA 0 - CONSTRUCTION AREA SIGNS $400.00 EA - TRAFFIC CONTROL % OF IMPV. 3% EA 1800000 54,000.00 -
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
- Suf)total 60,920.,00
page 9 of 11
Exhibit A
DOC #2023035769 Page 164 of 192
EROSION CONTROL: SEC. 1.1.2.J & APP .8 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL SAND OR GRAVEL BAG $3.00 EA 20 60.00
JUTE MAT $0.35 SF 0 - STRAW MAT $0.28 SF 0 - STRAW BALE BARRIER $5.24 LF - STRAW BALE INLET BARRIER $3.53 LF - SILT FENCE $2.81 LF 1500 4,215.00 FIBER ROLLS $1.96 LF - FIBER MAT $0.40 SF 0 - HYDROSEED $0.33 SF 0 - -
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
- Subtotal 4,275~00
page 10 of 11
Exhibit A
DOC #2023035769 Page 165 of 192
MISCELLANEOUS TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL CHAIN LINK FENCE 6'NEW $35.00 LF 0 -
OTHER FENCE LF - GATE $721.00 EA - LANDSCAPE AND IRRIGATION $2.00 SF $500 33000 66,000.00 MONUMENT WELLS M-1, M-1A $700.00 EA - RETAINING WALLS CMU/POURED $38.00 SF (FACE WALL) 0 - RETAINING WALLS GRAVITY $28.00 SF (FACE WALL) 0 -
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
- Subtotal 66000.00
page 11 of 11
Exhibit A
DOC #2023035769 Page 166 of 192
CITY OF EL PASO DE ROBLES
"The Pass of the Oaks"
PERFORMANCE BOND
PROJECT NO.: Vinedo Backbone - Zone 5
DEVELOPER: Olsen Ranch 212, LLC
PERFORMANCE BOND NO: ES00016280
Premium: $56,190.00
WHEREAS, the City Council of the City of El Paso de Robles, State of California, and Olsen Ranch 212 LLC (hereinafter designated as
"Principal") have entered into a Subdivision Improvement Agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, and identified as projectVinedo Backbone - Zone 5, is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said Agreement to furnish a bond for the faithful performance of said agreement.
NOW, THEREFORE, we the Principal and Everest National Insurance Company, as surety, are held firmly bound unto the City of El Paso de Robles, a municipal corporation of the State of California, hereinafter called "City", in the penal sum of Two Million Eight Hundred Nine Thousand Five Hundred and N0/10Qdollars ($ 2,809,500.00 ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
Exhibit A
DOC #2023035769 Page 167 of 192
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder of the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration of addition to the terms of the agreement or to the,work or to the specifications.
IN WITNESS WHEREOF,
and surety above named, on -------t'----------"<--+----_if-+-------::;.,..,,, rincipal
OQ.
State of _________ _
Surety: Everest National Insurance Company
By: ('j_µ.j_ '£. /Jl-AY)\.'---
Cheryl L. Tnomas, Attorney-In-Fact
1340 Treat Blvd. Ste. 450
Address
Walnut Creek, CA 94597
Address
ACKNOWLEDGMENT
(here insert name and title of the officer)
personally appeared _____________________________ _
who proved to me on the basis of sa • actory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of tn tate of California that the foregoing paragraph is true and correct.
Witness my hand and official seal.
Signature ______________ _
Performance Bond
05/08
*See Attached
California Notary
Acknowledgement
Exhibit A
DOC #2023035769 Page 168 of 192
CALIFORNIA ALL-PURPOSE 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 San Luis Obispo
On 10/25/2023 before me, Lisa Kae Groves, Notary Public DATE NAME, TITLE OF OFFICER· E.G., "JANE DOE, NOTARY PUBLIC" personally appeared Danny Brose
NAME(S) OF SIGNER(S)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
L~~L-~~ (NOTARY SEAL)
~•oeoo0ooeeoe~ 0 ,, LISA KAE GROVES
: ~ ":. Notary Public - California 2 ~ ~ San Luis Obispo County ~ z <? Commission If 2441117 -
SIGNATURE OF NOTARY PUBLIC .~,~ My Comm. Expires Mar 12, 2027
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL
0 CORPORATE OFFICER
TITLE(S)
0 PARTNER(S) 0 LIMITED
0 GENERAL
0 ATTORNEY-IN-FACT
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 OTHER
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
Performance Bond
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
J Q/24(2023
DATE OF DOCUMENT
Cheryl I, Thomas
SIGNER(S) OTHER THAN NAMED ABOVE
NONJC-069
01/01/2015
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
(TcB' I Essential
ceb,com ~ Fonns·
Exhibit A
DOC #2023035769 Page 169 of 192
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 _O_r_a_n_ge _______ _
On October 24, 2023 before me, W. Walker, Notary Public (Here insert name and title of the officer) personally appeared Cheryl L. Thomas --~---------------------------- who proved to me on the basis of satisfactory evidence to be the personfs-} whose namefs} isfafe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hfsfher/-tl=teif authorized capacityffes}, and that by hfs-/herfthetr signature~ on the instrument the personEsJ, or the entity upon behalf of which the personfs} acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. J: e :,e e • ;w:L;:R "**f Wl}N~S my hand and official seal. :.: ! > Notary Public • California ~ i - Riverside County ! ~ • '' Commission # 2325818 -
My Comm. Expires Mar 30, 2024 1uil~
Notary Public Signature (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
Olsen Ranch 212, LLC
(Title or description of attached document)
Performance Bond
(Title or description of attached document continued)
Number of Pages _2_ Document Date 1'0/24/23
CAPACITY CLAIMED BY THE SIGNER
□ Individual (s)
□ Corporate Officer
(Title)
□ Partner(s)
0 Attorney-in-Fact
□ Trustee(s)
□ Other _________ _
::'015 \.fers1on wv,Jw Not3ryClasses.corn BD0-873-9865
INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknolwedgentsfrom other states may be completed for documents being sent to that state so long as the wording does not require the California nota1y to violate California nota1y law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which 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 commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization.
• Indicate the correct singular or plural forms by crossing off incorrect fonns (i.e. he/she/~ is /aFe) or circling the correct fonns. Failure to correctly indicate this information may lead to rejection of document recording. • 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 sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk.
❖ Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. ❖ 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 thetitle (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple.
Exhibit A
DOC #2023035769
Exhibit A
DOC #2023035769 Page 171 of 192
/J...everest™
POWER OF ATTORNEY
EVEREST NATIONAL INSURANCE COMPANY
KNOW ALL PERSONS BY THESE PRESENTS: That Everest National Insurance Company, a corporation of the State of Delaware ("Company") having its principal office located at Warren Corporate Center, 100 Everest Way, Warren, New Jersey, 07059, do hereby nominate, constitute, and appoint:
Shane Wolf, Cathy S. Kennedy, Beata A. Sensi, Cheryl L. Thomas, Todd M. Rohm, Wrenetta Walker its true and lawful Attomey(s)-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all bonds and undertakings in the nature thereof, for the penal sum of no one of which is in any event to exceed UNLIMITED, reserving for itself the full power of substitution and revocation.
Such bonds and undertakings, when duly executed by the aforesaid Attomey(s)-in-fact shall be binding upon the Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal.
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of Company ("Board") on April 21, 2016:
RESOLVED, that the President, any Executive Vice President, and any Senior Vice President are hereby appointed by the Board as authorized to make, execute, sea/ and deliver for and on behalf of the Company, any and all bonds, undertakings, contracts or obligations in surety or co-surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest to the execution of any such bonds, undertakings, contracts or obligations in surety or co-surety and attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the President, any Executive Vice President, and any Senior Vice President are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute, on behalf of the Company, bonds and undertakings in surety or co-surety with others, and that the Secretary or any Assistant Secretary of the Company be, and that each of them is hereby authorized to attest the execution of any such power of attorney, and to attach" thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking, contract or obligation in surety or co-surety with others to which it is attached.
IN WITNESS WHEREOF, Everest National Insurance Company has caused their corporate seals to be affixed hereto, and these presents to be signed by their duly authorized officers this 15th day of February 2023.
Everest Reinsurance Company
By: Anthony Romano, Senior Vice President
On this 15th day of February 2023, before me personally came Anthony Romano, known to me, who, being duly sworn, did execute the above instrument; that he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto; and that he executed said instrument by like order.
LINDA ROBINS
Notary Public, State of New York
No 01 R06239736
Qualified in Queens County
Term Expires April 25, 2027
Linda Robins, Notary Public
I, Sylvia Semerdjian, Secretary of Everest National Insurance Company do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporation as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATION, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my Mand a_nd affixed the seal of said Company, this 24th day of October 2022_.
By: Sylvia Semerdjian, Secretary
ES00010416
Exhibit A
DOC #2023035769 Page 172 of 192
PAYMENT BOND
PROJECT NO.: Vinedo Backbone - Zone 5
DEVELOPER: Olsen Ranch 2121 LLC
PAYMENT BOND NO.: ES00016280
Premium: included in Performance Bond
WHEREAS, the City Council of the City of El Paso de Robles, State of California, and Olsen Ranch 212, LLC (hereinafter designated as "Principal") have entered into a Subdivision Improvement Agreement, whereby Principal agrees to install and complete certain designated public improvements, which said agreement, and identified as project Vinedo Backbone - Zone 5 , and is hereby referred to and made a part hereof; and WHEREAS, under the terms of said Agreement, "Principal" is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of El Paso de Robles, a municipal corporation of the State of California, to secure the claims to which reference is made in Title 15 ( commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.
NOW, THEREFORE, said "Principal" and the undersigned as corporate surety, are held firmly bound unto the City of El Paso de Robles and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid Agreement and referred to in the aforesaid Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Two Million Eight Hundred Nine Thousand Five Hundred and N0/100 doll~.rs ($ 2,809,500.00), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
Exhibit A
DOC #2023035769 Page 173 of 192
CITY OF EL PASO DE ROBLES
A MASTER- PAYMENT BOND
PAGE 2 OF3
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (Commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be an~ remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specification accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition.
d by the "Principal"
and surety above named, on _ ____.,O=c~to=-=b=e=r-=2._4,.__...,,..c:'-- <i::, "
Principal
Everest National Insurance Company
~ x,. ::D---:w '-"
Surety Cheryl L. Thomas, Attorney-In-Fact
1340 Treat Blvd. Ste. 450, Walnut Creek, CA 94597
Address
(SIGNATURES MUST BE NOTARIZED)
Exhibit A
DOC #2023035769 Page 174 of 192
CITY OF EL PASO DE ROBLES
A MASTER- PAYMENT BOND
PAGE30F3
ACKNOWLEDGMENT
(here insert name and title of the officer)
personally appeared __ --:-----------c-----,------___,,,__c-:--______________________ .,.......,... who proved to me on the basis of satis tory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ackno edged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by • /her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) a d, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the Sta paragraph is true and correct.
Witness my hand and official seal.
Signature ______________ _
*See Attached
California Notary
Acknowledgement
ACKNOWLEDGMENT
State of
County o-f~----------~--------------~---_-_-_-_-} ss.
(Seal)
On __________ , before me, ___________________ _
(here insert name and title of the officer)
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.
Signature***See Attached CA All Purpose Acknowledgment*** Exhibit A
DOC #2023035769 Page 175 of 192
CALIFORNIA ALL-PURPOSE 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 San Luis Obispo
On 10/25/2023 before me, Lisa Kae Groves, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared Danny Brose
NAME(S) OF SIGNER(S)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/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 PENAL TY OF _PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Le.- bGLJYv~ (NOTARY SEAL)
SIGNATURE OF NOTARY PUBLIC
oeeceeon
LISA KAE GROVES I
Notary Public - Californi:
San Luis Obispo County !
Commission If 2441117 -
y Comm. Expires Mar 12, 2027
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL
0 CORPORATE OFFICER
TITLE(S)
0 PARTNER(S) 0 LIMITED
D GENERAL
0 ATTORNEY-IN-FACT
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 OTHER
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
Payment Bond
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
J Q/24/2023
DATE OF DOCUMENT
Cheryl I, Thomas
SIGNER(S) OTHER THAN NAMED ABOVE
NONJC-069
01/01/2015
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Cffi. i Essential
ceb.com I EJ FonnsPage 1 of 1
Exhibit A
DOC #2023035769 Page 176 of 192
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 _O_r_a_ngw..e _______ _ }
On October 24, 2023 before me, W. Walker, Notary Public (Here insert name and title of the officer) personally appeared _C_h_e_,ry'-I_L_. _T_h_o_m_a_s _______________ _ who proved to me on the basis of satisfactory evidence to be the person~ whose namefs1 isfa-t=e subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisiher/tAeif authorized capacityftes:), and that by hfs-/herlthetf signatureEs} on the instrument the personcs}, or the entity upon behal,f of which the personcs} acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. eoeneeeonf ~ Notary ~~:i~L_Kglifornia 2 WITNESS my hand and official seal. ~~
Riverside County l::
Commission It 2325818
My Com~. Expires Mar 30. 2024
Notary Public Signature (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
Olsen Ranch 212, LLC
(Title or description of attached document)
Payment Bond
(Title or description of attached document continued)
Number of Pages _2_ Document Date 10/24/23
CAPACITY CLAIMED BY THE SIGNER
□ Individual (s)
□ Corporate Officer
(Title)
□ Partner(s)
0 Attorney-in-Fact
□ Trustee(s)
□ Other __________ _
INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknolwedgents Ji'om 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. • State and County infonnation must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which 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 commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /IH@ ) or circling the correct forms. Failure to correctly indicate this infonnation may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible.
Impression must not cover iext or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk.
❖ Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. ❖ Indicate title or type of attached document, number of pages and date. ❖ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple.
Exhibit A
DOC #2023035769
Exhibit A
DOC #2023035769 Page 178 of 192
£everest™
POWER OF ATTORNEY
EVEREST NATIONAL INSURANCE COMPANY
KNOW ALL PERSONS BY THESE PRESENTS: That Everest National Insurance Company, a corporation of the State of Delaware ("Company") having its principal office located at Warren Corporate Center, 100 Everest Way, Warren, New Jersey, 07059, do hereby nominate, constitute, and appoint:
Shane Wolf, Cathy S. Kennedy, Beata A. Sensi, Cheryl L. Thomas, Todd M. Rohm, Wrenetta Walker its true and lawful Attorney(s)-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all bonds and undertakings in the nature thereof, for the penal sum of no one of which is in any event to exceed UNLIMITED, reserving for itself the full power of substitution and revocation.
Such bonds and undertakings, when duly executed by the aforesaid Attorney{s)-in-fact shall be binding upon the Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal.
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of Company ("Board") on April 21 , ~016:
RESOLVED, that the President, any Executive Vice President, and any Senior Vice President are hereby appointed by the Board as authorized to make, execute, seal and deliver for and on behalf of the Company, any and all bonds, undertakings, contracts or obligations in surety or co-surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest to the execution of any such bonds, undertakings, contracts or obligations in surety or co-surety and attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the President, any Executive Vice President, and any Senior Vice President are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute, on behalf of the Company, bonds and undertakings in surety or co-surety with others, and that the Secretary or any Assistant Secretary of the Company be, and that each of them is hereby authorized to attest the execution of any such power of attorney, and to attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking, contract or obligation in surety or co-surety with others to which it is attached.
IN WITNESS WHEREOF, Everest National Insurance Company has caused their corporate seals to be affixed hereto, and these presents to be signed by their duly authorized officers this 15th day of February 2023.
Everest Reinsurance Company
By: Anthony Romano, Senior Vice President
On this 15th day of February 2023, before me personally came Anthony Romano, known to me, who, being duly sworn, did execute the above instrument; that he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto; and that he executed said instrument by like order.
LINDA ROBINS
Notary Public, State of New York
No 01R06239736
Qualified in Queens County
Term Expires April 251 2027
Linda Robins, Notary Public
I, Sylvia Semerdjian, Secretary of Everest National Insurance Company do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporation as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATION, and that the same are correct transcripts thereof, and of the whole of lhe said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, this 24th day of October 202~. "'' 1985 ,1:10 ~~:-~~:ll
~
ES 00 010416
By: Sylvia Semerdjian, Secretary
Exhibit A
DOC #2023035769 Page 179 of 192
COUNTY OF SAN LUIS OBISPO
DEPARTMENT OF PUBLIC WORKS
Standard Unit Costs for Project Security (Performance Bond) Project: VINEDO BACKBONE - ZONE 5
Prepared by: _E_J _________ -----,-________ _
Firm Name: RICK ENGINEERING
Date: October 23, 2023
PRICE INDEX BASELINE, 2011 CAL TRANS INDEX= 51.6
2nd Quarter 2021 PRICE INDEX= 92.0
-ENGINEER'S SEAL10/25/23
Engineer's signature date
• page 1 of 13
Caltrans
-RESULTSSubtotal
Cost Index Factor
Adjusted Subtotal
Inflation (10%)
Administration (20%-40%)
Adjusted Subtotal
Contingency (10%)
TOTAL SECURITY TO BE POSTED:
(rounded to the nearest $100)
$1,102,421.00
1.78 $1,964,702.23
$196,470.22
$392,940.45
$2,554, 112.90
$255,411.29
$2,809,500
revised 6/1/2022
Exhibit A
DOC #2023035769 Page 180 of 192
-- SITE PREPARATION: SEC. 2-1 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL CLEARING AND GRUBBING $0.03 SF - TREE REMOVAL $300.00 EA - CONCRETE REMOVAL s.w. $3.25 SF - CONCRETE REMOVAL C&G $10.00 LF - GRIND HOT MIX ASPHALT $1.03 SF $4,250 - DISPOSAL OF HOT MIX ASPHALT $50.00 CY $360 - OTHER REMOVAL (SPECIFY) , - ABANDON WELL $1,650.00 EA - ABANDON SEPTIC SYSTEM $500.00 EA - DISPOSAL OF CUii BASE $29.00 CY $360 - EXCAVATION 0-1000 CY $22.00 CY $500 - 1000-20000 CY $15.00 CY - > 20000 CY $9.00 CY - IMPORT 0-1000 CY $31.00 CY $500 - 1000-20000 CY $22.00 CY - > 20000 CY $12.00 CY - FINE GRADING $0.30 SF - -
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-
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Subtotal ,. -
page 2 of 13
Exhibit A
DOC #2023035769 Page 181 of 192
ROADWAYS: SEC. 3-1 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL HOT MIX ASPHALT IN PLACE 2" $1.95 SF $800 - HOT MIX ASPHALT IN PLACE 3" $2.90 SF $800 12000 34,800.00 HOT MIX ASPHALT IN PLACE 4" $3.70 SF $800 - HOT MIX ASPHALT IN PLACE 5" $4.90 SF $800 - HOT MIX ASPHALT IN PLACE 6" $5.60 SF $800 33000 184,800.00 HOT MIX ASPHALT IN PLACE $135 TON $800 0 -
CLASS AGG. BASE 4" $0.87 SF 0 - CLASS AGG. BASE 6" $1.30 SF - CLASS AGG. BASE 8" $1.75 SF 12000 21,000.00 CLASS AGG. BASE 10" $2.10 SF l 0 - CLASS AGG. BASE 12" $2.50 SF - CLASS AGG. BASE 18" $3.70 SF 33000 122,100.00 CLASS AGG. BASE $35.00 TON - CROSS GUTTER AND SPANDREL D-5 $17.00 SF 400 6,800.00 GEOTEXTLE FABRIC $1.00 SF - SEAL COAT/SLURRY SEAL $0.60 SF - CHIP SEAL $2.00 SF - SAW CUT CONCRETE $4.00 LF $250 - SAW CUT HMA $2.17 LF $250 60 250.00 -
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- Subtotal 369,750.00
page 3 of 13
Exhibit A