Attachment C
Existing Securities
PUBLIC IMPROVEMENTS FAITHFUL PERFORMANCE BOND
(To Be Used With Subdivision Improvement Agreement or Construction/Excavation Permit) Tract Map No.: 13816 Bond No.:_ SUR0067960
Case No.: ER0W21-00070 Premium: $14,864.00
WHEREAS, the City Council of the City of Victorville, County of San Bernardino, State of California, and_D.R. Horton Los Angeles Holding Company, Inc. (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 April 20 _, 20_2 _, and identified as Tract Map No. 13816 and Case No. FROW 21-00070 for Water, Sewer, Streets, LMAD, Monumentation Improvements), 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 Argonaut Insurance Company _ a corporation of the State of Illinois 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 penal sum of Four Million Nine Hundred Fifty Four Thousand Six Hundred Twelve and 56/100dollars, ($4.954,612.56), 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 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. 030520 Public Improvements
Faithful Performance Bond
Tract Map No.: 13816
Case No.:
Bond No.:_SUR0067960
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 anywise 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 April 8 2021
D.R. Horton Los Angeles Holding
Company, Inc. Argonaut Insurance Company
Name of Principal (Applicant) Name of Surety Company
By: Vike Sullin By: _
By: VIC14 GUION By: James I. Moore
By: ASSt. SeCReTARU By: Attorney-in-Fact
Mailing Address:
2280 Wardlow Circle, Suite 100_ _P.O. Box 469011
Address of Principal Address of Surety Company
Corona, CA 92878 _San Antonio, TX 78246
City, State Zip Code City, State Zip Code
ABOVE-SIGNATORIES MUST BE NOTARIZED
APPROVED AS TO FORM:
Aul
John Preston, Risk Manager / Attorney
Lee Brown,
CCP: ccp
Ishared/Development/Projects/SuretyRecovery/Forms/FPBond.Blank.030520 Argonaut Insurance Company
Deliveries Only: 225 W. Washington, 24th Floor
Chicago, IL 60606
United States Postal Service: P.O. Box 469011, San Antonio, TX 78246
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existing under the laws of the State of Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint:
Stephen T. Kazmer, James I. Moore, Dawn L. Morgan, Diane M. Rubright, Jennifer J. McComb, Amy Wickett, Martin Moss, Kelly A. Gardner, Melissa Schmidt
Their true and lawful agents) and attorney(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and other undertakings in suretship provided. however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of:
$85,000,000.00
This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of Argonaut Insurance Company:
"RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the Company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge a he act and deed of the Argonaut Insurance Company, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto.' IN WITNESS WHEREOF, Argonaut Insurance Company has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officer on the 8th day of May, 2017.
Argonaut Insurance Company
RANCE
& SEAL by:
1948
STATE OF TEXAS Joshua C. Betz, Senior Vice President
COUNTY OF HARRIS SS:
On this 8th day of May, 2017 A.D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified. came THE ABOVE OFFICER OF THE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of Directors of said Company, referred to in the preceding instrument is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written.
Kathlen m. meets
KATHLEEN M MEEKS
State of Texa
amm. Expires 07-15-2021 (Notary Public)
Notary 1D 557902-8
I, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked.
IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the . 8th _ day of April . 2012 1948
• SLINOIS. James Bluzard, Vice President-Surety
ananassa
IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL (833) 820 - 9137.
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
State of California
County of Riverside
4/8/2021 Alyssa M. Bottinelli, Notary Public
On before me,
(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
Commission # 2278107
My Comm. Expires Feb 19, 2023 P
some typiuble (Seal)
STATE OF ILLINOIS
COUNTY OF DU PAGE}
On, April 8, 2021 before me, a Notary Public in and for said County and State, duly commissioned and sworn, personally appeared, James 1. Moore known to me to be Attorney-in- Fact of Argonaut Insurance Company, the corporation described in and that executed the withir and foregoing instrument, and known to me to be the person who executed the said instrument on behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above.
My Commission Expires: March 29, 2024 aun Morpan
Dawn L. Morgan, Notary Public
Commission No. 318533
OFFICIAL SEAL
DAWN L. MORGAN
Notary Public - State of illinois
My Commission Expires Mar. 29, 2024
PUBLIC IMPROVEMENTS LABOR AND MATERIALS BOND
(To Be Used With Subdivision Improvement Agreement or Construction/Excavation Permit) Tract Map No.: 13816 Bond No.: SUR0067960
Case No.: EROW 21-00070 Premium: Included with Performance Bond WHEREAS, the City Council of the City of Victorville, County of San Bernardino, State of California, and _D.R. Horton Los Angeles Holding Company, Inc. (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 Won 20 20 21 - and identified as Tract Map No. 13816 _and Case No.: FROW 21-00072 for_Water, Sewer, Streets, LMAD, Monumentation Improvements), 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 3 (commencing with Section 9000) of Part 6 of Division 4, of the Civil Code of the State of California.
NOW THEREFORE, said Principal and Argonaut Insurance Company _ doing business under and by virtue of the laws of the State of Illinois 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 suppliers, 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 Two Million Four Hundred Twenty Nine Thousand Five Hundred Eighty and 03/100 dollars, ($2,429,580.03 ), 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 3 (commencing with Section 9000) of Part 6 of Division 4, 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.
Public improvements
Labor & Materials Bond
Tract Map No.: 13816
Case No.:
Bond No.: SUR0067960
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 _ April 8 , 2021
D.R. Horton Los Angeles Holding
Company, Inc. Argonaut Insurance Company
Name of Principal (Applicant) Name of Surety Company
By: 2 uki Sullen By: _ Sailin
By: VICK GUliON By: James I. Moore
By: Attorney-in-Fact
Mailing Address:
2280 Wardlow Circle, Suite 100 P.O. Box 469011
Address of Principal Address of Surety Company
Corona, CA 92878 San Antonio, TX 78246
City, State Zip Code City, State Zip Code
ABOVE-SIGNATORIES MUST BE NOTARIZED
APPROVED AS TO FORM:
purs
John Preston, Risk Manager City Attorney
Lee Brown,
CCP: ccp
shared/Development/Projects/SuretyRecovery/Forms/L&MBond.Blank.030520 Argonaut Insurance Company
Deliveries Omly: 225 W. Washingtom, 24th Floor
Chicago, IL 60606
United States Postal Service: P.O. Box 469011, Sam Antonio, TX 78246
POWER OF ATTORNEY
NOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existing under the laws of the State flllinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint Stephen T. Kazmer, James I. Moore, Dawn L. Morgan, Diane M. Rubright, Jennifer J. McComb, Amy Wickett, Martin Moss, Kelly A. Gardner, Melissa Schmidt
Their true and lawful agents) and attomeys)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship provided. however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of:
$85,000,000.00
This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of Argonaut Insurance Company:
"RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the Company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as he act and deed of the Argonaut Insurance Company, all bond undertakings and contracts of suretvship, and to affix the corporate seal thereto " IN WITNESS WHEREOF, Argonaut Insurance Company has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officer on the 8th day of May, 2017.
Argonaut Insurance Company
URANCEE
CORPORAT
(SEAL by:
1948
STATE OF TEXAS Joshua C. Betz, Senior Vice President
COUNTY OF HARRIS SS:
On this sth day of May, 2017 A.D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified. came THE ABOVE OFFICER OF THE COMPANY, to me personally known to be the individual and officer described in, and who executed the receding instrument, and he acknowledged the execution of same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of Directors of said Company, referred to in the preceding instrument is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written.
Kathin m. muets
CATHLEEN M. MEEKS
ste of Toxes
Omm. Exp.res 07-15.2021 (Notary Public)
Notery IC 567902-8
1, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the 8th _day of April 2012 (SEAL
James Bluzard, Vice President-Surety
IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL (833) 820 - 9137.
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
State of California
County of Riverside
On 4/8/2021 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
Commission # 2278107
My Comm. Expires Feb 19, 2023)
(Seal)
STATE OF ILLINOIS
COUNTY OF DU PAGE}
On, April 8, 2021 before me, a Notary Public in and for said County and State, duly commissioned and sworn, personally appeared, James I. Moore known to me to be Attorney-in- Fact of Argonaut Insurance Company, the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument on behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above.
My Commission Expires: March 29, 2024 aun 2. Morgan
Dawn L. Morgan, Notary Public
Commission No. 318533
OFFICIAL SEAL
DAWN L. MORGAN
Notary Public - State of Illinois
My Commission Expires Mar. 29, 2024