Attachment C
Existing Securities
PUBLIC IMPROVEMENTS FAITHFUL PERFORMANCE BOND
(To Be Used With Subdivision Improvement Agreement or Construction/Excavation Permit) Tract Map No.: Parcel Map 18158 Bond No.: 9395350
Case No.: EROW21 - 00119 Premium: $1400.00--
WHEREAS, the City Council of the City of Victorville, County of San Bernardino, State of California, and PROLOGIS SCLC INVESTMENTS/LOT 19 LLC (hereinafter "Principal") have 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 Case No. EROW27-00119- Fon Lodentifed as Tract Map No. Parcel Map met, date and 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 Fidelity and Deposit Company of Maryland _ 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 two hundred thirty three thousand two hundred eighty one and 00/100 dollars, ($233.281.00- _), 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 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.: Parcel Map 18158
Case No.: EROW21-00119
Bond No.: 9395350
The Surety hereby stipulates and agrees that no change, extension of time, Iteration or addition to the terms of the Agreement or to the work to be performed hereunder 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 June 16 _, 2022
PROLOGIS SCLC INVESTMENTS/LOT 19 LLC,
a Delaware limited liability company,
its sole member Fidelity and Deposit Company of Maryland Name of Principal (Applicant) Name of Surety Company
Prologis SC:C nvestments. LLC
a Delaware limited liability company,
By: its sole member By:
Prologis, L.P
a Delaware limited partnership,
By: its managing member By: Tanya Chinchilla, Attorney-in-Fact By: Prologis, Inc.
a Maryland corporation,
By: its general partner or papel
BY:
Name: 7
Title:
1800 Wazee Street, Sate 509 ped to Identify 1299 Zurich Way, 5th Floor, Address of Principal Address of Surety Company
Pages Submitted to
_Denver. CO 80202 Notary Schaumburg, IL 60196-1056
City, State Zip Code City, State Zip Code
ABOVE-SIGNATORIES MUST BE NOTARIZED
APPROVED AS TO FORM:
fall
Risk Manager
CCP:ccp
Ishared/Development/Projects/SuretyRecovery/Forms/FPBond.Blank.030520 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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. Contra Costa
On_ lune 1l4, 2022 before me, - Lisa M. Lucas, Notary Public Here Insert Name and Title of the Officer
personally appeared Tanya Chinchilla
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(3 whose name(») is/ai subscribed to the within instrument and acknowledged to me that Xe/she/téx executed the same in Dis/her/toek authorized capacity(es), and that by his/her/thøiXsignature(5) on the instrument the person (s), or the entity upon behalf of which the person(g) 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.
LISA M. LUCAS
COMM. # 2271548 LiaM. Leva
NOTARY FUELIC - CALIFORIIA G) Signature
CONTRA COSTA COENTY O Signature of Notary Public
CONS EODES JAN. 13, 2023→
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: _ Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
] Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: . Other:
Signer Is Representing: _ Sianer Is Representing: .
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
1 Notary Public or other officer completing this certificate verifies only the identity of the individual who signed he document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that documen State of California
County of Orange
On 06/17/2022 _ before me, C. E. Soto Hernandez, Notary Public personally appeared Thomas Donahue
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 State of California that the foregoing paragraph is true and correct.
C. E. SOTO HERNANDEZ
COM. #2341451
Notary Public - Callfonia S WITNESS my hand and official seal.
Orange County
My Comm. Expires Jan. 14, 2025l
SIGNATURE CEO 7hing
PLACE NOTARY SEAL ABOVE
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of attached document
Title or type of document: Public Improvements Faithful Performance Bond
Document Date: 06/17/2022 _Number of Pages: 2
Signer(s) Other than Named Above: N/A
PUBLIC IMPROVEMENTS LABOR AND MATERIALS BOND
(To Be Used With Subdivision Improvement Agreement or Construction/Excavation Permit) Tract Map No.: Parcel Map 18158 Bond No.: 9395350
Case No.: EROW21-00119 Premium: included in the Performance bond WHEREAS, the City Council of the City of Victorville, County of San Bernardino State of California. and PROLOGIS SCLC INVESTMENTS/LOT 19 LLO (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 20 _ and identified as Tract Map No. Parcel Map 18158 and Case No.:_ EROW21-00119 for Lot 19
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 Fidelity and Deposit Company of Maryland _ 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 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 One Hundred Six Thousand Nine Hundred Fifty and dollars, ($106,950.41- _), 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.: Parcel Map 18158
Case No.: EROW21 - 00119
Bond No.: 9395350
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 but ta can des 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.
Principal and Sures above named, on instrument has be all erected by the PROLOGIS SCLC INVESTMENTS/LOT 19 LLC,
a Delaware limited liability company,
its sole member Fidelity and Deposit Company of Maryland Namrogi scestment Name of Surety Company
Prologis SCLC Investments, LL
a Delaware limited liability company,
By: its sole member By Miche
Prologis, L.P.
a Delaware limited partnership,
By: _ its managing member By: Tanya Chinchilla, Attorney-in-Fact By: Prologis, Inc.
a Maryland corporation,
By: its general partner By:
By:
Name: Thomas
Vice President Stamped to Identify
1800 Wazee Street, Suite 500a gies Submitted 11299 Zurich Way, 5th Floor, Address of Principal Address of Surety Company
Notary
Denver, CO 80202 Schaumburg, IL 60196-1056
City, State Zip Code City, State Zip Code
ABOVE-SIGNATORIES MUST BE NOTARIZED
APPROVED AS TO FORM:
Pisk Manager ity Attorne
CCP:ccp
/shared/Development/Projects/SuretyRecovery/Forms/L&MBond.Blank.030520 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Contra Costa
on June 14, 2022 _ before me, __Lisa M. Lucas, Notary Public Date Here Insert Name and Title of the Officer
personally appeared Tanya Chinchilla
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(3) whose name(s) is/aix subscribed to the within instrument and acknowledged to me that Xe/she/thex executed the same in Dis/her/ek authorized capacity(lex), and that by Ks/her/tK#Xsignature(5) on the instrument the person (g), or the entity upon behalf of which the person(g) 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.
LISA M. LUCAS
Leia M. Luae
COMM. # 2271548
NOTARY FUELIC - CALIFORNIA 1) Signature
CONTRA COSTA COLNTY O Signature of Notary Public
COMM. EXPIRES JAN. 13, 2023 →
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: . Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer Is Representing: . Signer Is Representing:
Kư000000000000000000000000000000000000x cx exexe0s
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint D. Richard STINSON, Lisa M. LUCAS, A.W, BROWN, Tanya CHINCHILLA and Nicholas TAN, all of San Ramon, California, EACH, its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By-Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 26th day of July, A.D. 2019.
SEAL
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Robert D. Murray
Vice President
Dawn 6 Krain
By: Dawn E. Brown
Secretary
State of Maryland
County of Baltimore
On this 26th day of July, A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
Constance a. Dunn
Constance A. Dunn, Notary Public
My Commission Expires: July 9, 2023
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attorneys-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto: and may with or without cause modify of revoke any such appointment or authority at any time."
CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By-Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, day of June
1998
trso
Burn Hodges
By: Brian M. Hodges
Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
[email protected]
800-626-4577
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
the document i rich this ericate sata chie, and not be ries lines, enacy or haiy of la documend.
State of California
County of Orange
On_ 06/17/2022 _ before me, C. E. Soto Hernandez., Notary Public personally appeared Thomas Donahue
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 State of California that the foregoing paragraph is true and correct.
C. E. SOTO HERNANDEZ T
COMM. #2341451
NRO® Notary Public - Caltfornia B WITNESS my hand and official seal.
Orange County
My Comm. Expires Jan. 14, 2025(
SIGNATURE
PLACE NOTARY SEAL ABOVE
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of attached document
Title or type of document: Public Improvements Labor and Materiat Band
Document Date: 06/17/2022 _Number of Pages: 2
Signer(s) Other than Named Above: N/A
6/21/22, 2:19 PM Company Profile
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Results FIDELITY AND DEPOSIT COMPANY OF MARYLAND
mpar 1299 ZURICH WAY
formatio SCHAUMBURG, IL 60196
Old Company 800-382-2150
Names
Agent for Service Old Company Names Effective Date
Reference
Information
NAIC Group List Agent For Service
Lines of Business Melissa DeKoven
Workers' 2710 Gateway Oaks Drive, Suite 150N
Compensation Sacramento CA 95833-3505
Complaint and
Request for
Action/Appeals Reference Information
Contact Information
NAIC #: 39306
Porncial Statements
Annual Statements California Company ID #: 2479-4
Quarterly Date Authorized in California: 01/01/1982
Statements
Company Complaint License Status: UNLIMITED-NORMAL
Company Company Type: Property & Casualty
Performance &
Comparison Data
State of Domicile: ILLINOIS
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Disclaimer Lines Of Business
The company is authorized to transact business within these lines of insurance.
For an explanation of any of these terms, please refer to the glossary.
AIRCRAFT
AUTOMOBILE
BOILER AND MACHINERY
BURGLARY
CREDIT
FIRE
LIABILITY
MARINE
MISCELLANEOUSR
PLATE GLASS
SPRINKLER
SURETY
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© 2008 California Department of Insurance
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