Attachment C
Existing Securities
"..
PUBLIC IMPROVEMENTS FAITHFUL PERFORMANCE BOND
(To Be Used With Subdivision Improvement Agreement or Construction/Excavation Permit) Tract/Case No.: 14721
Bond No.: 016213700
Premium: $5,603.00
WHEREAS, the City Council of the City of Victorville, County of San Bernardino, State of California, and Western Pacific Housing inc. a Delaware corporation dba D.R. Horton, Americas Builder (hereinafter "Principal") have entered into a Subdivision Improvement Agreement (hereinafter referred to as "Agreement") doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California, as surety, whereby Principal agrees to install and complete certain designated public improvements, which said Agreement, dated February Siver one 2 and identified as TractCase No. 14721
Silverstone Ill 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 faithful performance of said Agreement.
NOW THEREFORE, we, the Principal and Liberty Mutual Insurance Company _ a corporation of the State of MA , (hereinafter "Surety"), are held and firmly bound unto the City of Victorville, a municipal corporation (hereinafter "City") in the County of San Bernardino, State of California, and to and for the benefit of any and all persons who may suffer damages by breach of the conditions hereof, in the penal sum of Two Million Two Hundred Sixty Eight Thousand Three Hundred Ninety Eight and 12/100 dollars, ($2,268,398.12 _), 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-bound 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 the 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 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 part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
CCP:ccp
/shared/Development/Projects/SuretyRecovery/Forms/FPBond.Blank. 101211 Public Improvements
Faithful Performance Bond
Tract/Case No.: 14721
Bond No.: 016213700
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 or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on February 20 _ 2020 Western Pacite Housing Inc: a Deleware corporstion obe D.R. Horton, Americas Builder Liberty Mutual Insurance Company Name of Principal (Applicant) Name of Surety Company
ki By: Hah Woof
By:
VICKI GULLION, ASST. SECRETARY Noah William Pierce, Attorney-In-Fact By: By:
By: By:
Mailing Address:
2280 Wardlow Circle, Suite 100 175 Berkeley Street
Address of Principal Address of Surety Company
Corona, CA 92880 Boston, MA 02116
City, State Zip Code City, State Zip Code
ABOVE-SIGNATORIES MUST BE NOTARIZED
APPROVED AS TO FORM:
Chuck Buquet, Risk Manager
CCP:ccp
ishared/Development/Projects/SuretyRecovery/Forms/FPBond.Blank.101211
ACKNOWLEDGMENT
A notary public or other officer completing this
validity of that document.
State of California
County of Riverside
On 02/21/2020 before me, Alyssa M. Bottinelli, Notary Public (insert name and title of the officer)
personally appeared Vicki Gullion
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.
ALYSSA M. BOTTINELLI
WITNESS my hand and official seal. Notary Public - California Commission 2278107
My Comm, Expires Feb 19, 2023
Signature (Seal)
:
PUBLIC IMPROVEMENTS LABOR AND MATERIALS BOND
(To Be Used With Subdivision Improvement Agreement or Construction/Excavation Permit) Tract/Case No.: 14721
Bond No.: 016213700
Premium: $5,603.00
WHEREAS, the City Council of the City of Victorville, County of San Bernardino, State of California, and Western Pacific Housing Inc. a Delaware corporation ba D.R. Horton, Americas Builder _ (hereinafter "Principal") have entered into a Subdivision Improvement Agreement (hereinafter referred to as "agreement") whereby Principal agrees to install and complete certain designated public improvements, which said Agreement, dated.
February 15 20 20, and identified as Tract/Case No.: 14721 for Silverstone III _, 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 Victorville to secure the claims to which reference is made in Title 15 (commencing with Section 3082), Part 4, Division 3, of the Civil Code of the State of California.
NOW THEREFORE, said Principal and Liberty Mutual Insurance Company a doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California, as surety, (hereinafter "Surety"), are held and firmly bound unto the City of Victorville, a municipal corporation (hereinafter "City") in the County of San Bernardino, State of California, and all contractors, subcontractors, laborers, material, men and other persons employed in the performance of the aforesaid Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of One Million One Hundred Twenty Nine Thousand One Hundred Ninety Nine and 06/100 dollars, ($1,129,199.06 _, lawful money of the United States, 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.
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), Part 4, 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 :
Public Improvements
Labor & Materials Bonc
Tract/Case No.: 14721
Bond No.: 016213700
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 the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on February 20 _, 2020 Western Padfic Housing inc. a Delaware corporation da D.R. Harton, Americas Builder" Liberty Mutual Insurance Company Name of Principal (Applicant) Name of Surety Company
By: icki AST-SECRETARY By: Host Wool
VICKI GULION, Noah William Pierce, Attomey-In-Fact
By: By:
By: By:
Mailing Address:
2280 Wardlow Circle, Suite 100 175 Berkeley Street
Address of Principal Address of Surety Company
Corona, CA 92880 Boston, MA 02116
City, State Zip Code City, State Zip Code
ABOVE-SIGNATORIES MUST BE NOTARIZED
APPROVED AS TO FORM:
Chuck Buquet, Risk Manager
City Attorney
CCP: ccp
/shared/Development/Projects/SuretyRecovery/Forms/L&MBond.Blank. 101211 : :
STATE OF North Carolina
COUNTY OF Mecklenburg to wit:
1, Catherine Thompson, a Notary Public in and for the State and County aforesaid, do hereby certify that Noah William Pierce, whose name is signed to the foregoing bond this day personally, appeared before me in my said State and County aforesaid and acknowledged the same.
Given under my hand this 20 day of Februsy, 20.26.
Notar NE THOMPSON
NC Cathines thompson
Notary Public
•
ACKNOWLEDGMENT
State of California Riverside
County of_
On. 02/21/2020 before me, _ Alyssa M. Bottinelli, Notary Public (insert name and title of the officer)
personally appeared Vicki Gullion
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.
ALYSSA M, BOTTINELLI
WITNESS my hand and official seal. Notary Public - California Riverside County VNNI
Commission # 2278107
My Comm. Expires Feb 19, 2023
Signature _ (Seal)
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
Liberty Liberty Mutual Insurance Company
Mutuál. The Ohio Casualty Insurance Company Certificate No: 8196939 West American Insurance Company
SURETY
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, C..
Andrew M. Bennett, Jennifer B. Guliett, Noah William Pierce, John F. Thomas, Catherine Thompson, Amy R. Waugh all of the city of Charlotte state of NC each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 3rd day of October 2018.
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
TUAL CORPORATE NORDRATE CAN (CORPORAT West American Insurance Company 1912 1919 1991
1083811 ANTINOD Wait long
INDIANA
LSEN By:
David M. Carey, Assistant Secretary
value guarantees.- State of PENNSYLVANIA ss
credit, County of MONTGOMERY
On this before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance of Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. letter
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. or residual PASTELLA
COMMONWEALTH OF PENNSYLVANIA
TERESA
Notarial Seal
Teres tastella 1-610-832-8240 between 9:00 am and 4:30 pm EST on any business day.
Teresa Pastella, Notary Public
Upper Merion Twp., Montgomery County By:
rate My Commission Expires March 28,2021 Teresa Pastella, Notary Public NOTARY PUBLIC Member, Ponnsytvania Association of Notarles Not valid for mortgage, note, loan, interest This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casually Insurance Company, Liberty Mutual Insurance confirm the validity of this Power of Attorney Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV - OFFICERS: Section 12, Power of Attorney.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President currency rate, may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and altested to by the Secretary, Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chainman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attoreys-in-fact subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary.
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such aftorneys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
Authorization -By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed.
1, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attomey of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 20th day of February 2020 INSURA
CORPORAER CASUALTY CORPORATE INSURANCE ERICAN CORPORATE 1912 1919 1991
TO HAMPER By:
INDIANA ANVAIN
THI KSAM Renee C. Llewellyn, Assistant Secretary
LMS-12873 LMIC OCIC WAIC Mutti Co_032018