Attachment C
Existing Securities
PUBLIC IMPROVEMENTS FAITHFUL PERFORMANCE BOND
(To Be Used With Subdivision Improvement Agreement or Construction/Excavation Permit) Tract Map No.: 20560 Bond No.: 100026095
Case No.: 21 00023 Premium: $26,919.00 2yr term, subject to renewal
WHEREAS, the City Council of the City of Victorville, County of San Bernardino, State of California, and Bear Valley Road & 2nd Avenue, LLC (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. 20560 and Case No. 21-00023 for APNs 3091-221-03 thru 10; 3091-221-12 thru 21
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 Merchants Bonding Company (Mutual), a corporation of the State of lowa 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 One Million Five Hundred Ninety Four Thousand Six Hundred & No/100 dollars. ($1,594.600.00), 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 /shared/Development/Projects/SuretyRecovery/Forms/FPBond.Blank.030520 Public Improvements
Faithful Performance
Bond Tract Map No.: 20560
Case No.: 21-00023
Bond No.: 100026095
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 March 21 2023
Bear Valley Road & 2nd Avenue, LLC
Merchants Bonding Company (Mutual)
vame of Principal (Applicant) Name of Surety Company
3y: 7aC Bana By: prin saler
By: FRED BAHARI By: Erin Bautista
By: MANAGER Attorney-In-Fact
By:
Mailing Address:
12300 Wilshire Blvd. #410 P.O BOX 14498
Address of Principal Address of Surety Company
Los Angeles, CA 90025 DES MOINES, IA 50306
City, State Zip Code City, State Zip Code
ABOVE-SIGNATORIES MUST BE NOTARIZED
APPROVED AS TO FORM:
Risk Manager City Attorney
sCared Development Projects/Surety Recovery/Forms/FP Bond. Blank. 030520
ACKNOWLEDGMENT
A notary public or other officer completing this
State of California Santa Clara County of
On MAR 2 1 2023 before me, _ Jean L. Neu, Notary Public (insert name and title of the officer)
personally appeared Erin Bautista
who proved to me on the basis of satisfactory evidence to be the person() whose name(s) is/ares subscribed to the within instrument and acknowledged to me that be/she/they executed the same in k*s/hertkeix authorized capacity(ies), and that by kis/her/their signature(5) 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.
JEAN L. NEU
WITNESS my hand and official seal. Notary Public • California Santa Clara County
Commission # 2392720
My Comm. Expires Mar 1. 2025
(Seal)
CALIFORNIA 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 Los Angeles )
On March and 2023 before me, Jaemin Kron, Notary Public. there insert name and fitle of the officer)
Fred Bahari
personally appeared
who proved to me on the basis of satisfactory evidence to be the persongs whose nameks islare subscribed to the within instrument and acknowledged to me that Che/she/they executed the same in Chis/her/their authorized capacity(ips), and that by (his/her/their signaturefs) on the instrument the persoks), or the entity upon behalf of which the personi) 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:
JAEMIN KWON
Notary Public - California
Los Angeles County
Commission # 2387618
Signature My Comm. Expires Dec 20, 2025
Optional Information
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
Additional Information
The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification titled/for the purpose of Proved to me on the basis of satisfactory evidence:
© formis) of identification credible witnesses)
Notarial event is detailed in notary journal on:
containing pages, and dated Page# Entry #
The signer(s) capacity or authority is/are as: Notary contact:
• Individual(s) Other
L Attorney-in-Fact
[ Additional Signer(s) Signer(s) Thumbprint(s)
• Corporate Officers)
Titlets)
Guardian/Conservator
] Partner - Limited/General
Trustee(s)
"Other:
representing:
Namefs) of Persenis or Entityles) Signer s Representino @ Copyright 2007-2017 Notary Rotary, PO Bo. 41400, Des Moines, 1A 50311-0507. All Rights Reserved Item Number 101772. Please contact your Autherized Reseller to purchare copies of this forms
MERCHANTS
BONDING COMPANY»
POWER OF ATTORNEY
now All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC oth being corporations of the State of lowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually Bryan D Martin; Erin Bautista; Jean L Neu; Stephen E Leveroni Or Dres of Merchants Boning Con is ny dad on Ap by 3, 201 and am and us 74. 2 aling ey to ed or re orde of MerchantsNational Bonding, Inc., on October 16, 2015. *The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
In Witness Whereof the Companies have caused this instrument to be signed and sealed this 12th day of June , 2020 NG
ORPORA • MERCHANTS BONDING COMPANY (MUTUAL)
MERCHANTS NATIONAL BONDING, INC.
-0+
2003 1933 By Larry Tagho
President
STATE OF IOWA
COUNTY OF DALLAS ss.
On this 12th day of June 2020 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors.
LAK POLLY MASON
2 Commission Number 750576 Polly mason
My Commission Expires
January 07, 2023 Notary Public
(Expiration of notary's commission
does not invalidate this instrument)
, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in ful force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the sea! of the Companies on this 21st day of March, 2023
SNOING COND
CORPO CORPORA Wilhone Bornergo.
-0-
2003 1933 Secretary
POA 0018(1/20)
PUBLIC IMPROVEMENTS LABOR AND MATERIALS BOND
(To Be Used With Subdivision Improvement Agreement or Construction/Excavation Permit) Tract Map No.: 20560 Bond No.: 100026095
Case No.: 21-00023 Premium: Included
WHEREAS, the City Council of the City of Victorville, County of San Bernardino, State of California, and Bear Valley Road & 2nd Avenue, LLC (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 , and identified as Tract Map No. 20560 and Case No.: 21-00023 for APNs 3091-221-03 thru 10; 3091-221-12 thru 21 Improvements), is hereby referred to and made a part hereof; and, WHEREAS, terms 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 Merchants Bonding Company (Mutual), 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 Seven Hundred Ninety Seven Thousand Three Hundred & NO/100 dollars, ($797,300.00), 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.: 20560
Case No.: 21-00023
Bond No.: 100026095
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 March 21 2023.
Bear Valley Road & 2nd Avenue, LLC
Merchants Bonding Company (Mutual)
Name of Principal (Applicant) Name of Surety Company
By: Zuel Bahal By: _ prin Bauti
By: FREN BANAR By: _ Erin Bautista
By: MANAWER By: Attorney-In-Fact
Mailing Address:
12300 Wilshire Blvd. #410 P.O. Box 14498
Address of Principal Address of Surety Company
Los Angeles, CA 90025 Des Moines, IA 50306
City, State Zip Code City, State Zip Code
ABOVE-SIGNATORIES MUST BE NOTARIZED
APPROVED AS TO FORM:
Risk Manager City Attorney
scared Development/Projects/Surety Recovery/Forms/LiMBond. Blank, 030520
CALIFORNIA 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 Las Angeles
On March 2and 2023 Jaemin swon , , Notary Public.
before me,
(here insert name and title of the offcer!
Fred Bahari
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.
JAEMIN KWON
Notary Public - California
Los Angeles County
Commission # 2387618
Signature sues My Comm. Expires Dec 20, 2025
Optional Information
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
Additional Information
The preceding Certifcate of Acknowledgment is attached to a document Method of Signer Identification titled/for the purpose of Proved to me on the basis of satisfactory evidence:
© form(s) of identification @ credible witnesses)
Notarial event is detailed in notary journal on:
containing pages, and dated Page # Entry#
The signer(s) capacity or authority is/are as: Notary contact:
• Individualís) Other
• Attorney-in-fact
Additional Signers) L] Signers) Thumbprints)
• Corporate Officers)
Titleisi
/ Guardian/Conservator
( Partner - Limited/General
E! Trustee(s)
Г Other:
representing:
Name(s) of Person(s) e: Entityfies) Signer s Representing @ Copyright 2007-2017 Notary Notary PO Box 41400, Des Moines, IA 50321-0507. All Rights Reserved. Item Number 101732. Please coma:t your Authorized Resoler to purchase copies of this form
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, o
validity of that document
State of California Santa Clara
County of
MAR 2 1 2023 before me, Jean L. Neu, Notary Public
On
(insert name and title of the officer)
personally appeared Erin Bautista
who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/axe subscribed to the within instrument and acknowledged to me that be/she/they executed the same in k*s/her/keix authorized capacity(ies), and that by kis/her/their signature(5) 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.
JEAN L. NEU
WITNESS my hand and official seal. Notary Public - Carifornia Santa Clara County
Commission # 2392720
My Comm. Expires Mar 1. 2026
(Seal)
MERCHANTS
BONDING COMPANY™
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of lowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually.
Bryan D Martin; Erin Bautista; Jean L Neu; Stephen E Leveroni their true and lawful Attomeys)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings. contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law
This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of MerchantsNational Bonding, Inc., on October 16, 2015.
The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 12th day of June , 2020 11091*1*4=487*» IONAL NG
DORPORAL GAPO MERCHANTS BONDING COMPANY (MUTUAL)
MERCHANTS NATIONAL BONDING, INC.
-0- -0-
2003 1933 By Larry Tagha
President
STATE OF IOWA
COUNTY OF DALLAS ss.
On this 12th day of June 2020 , before me appeared Lary Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors.
POLLY MASON
Commission Number 750576 Polly mason
My Commission Expires
January 07, 2023 Notary Public
(Expiration of notary's commission
does not invalidate this instrument)
, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby ertify that the above and faregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies which is still in ful force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the sea! of the Companies on this 21st day of March, 2023 aPOR CORPORA
Willian Borner go.
+0~ - 0-
2003 1933 Secretary
POA 0018 (1/20)
16-3939/1220 467
BEAR VALLEY ROAD AND 2ND AVENUE LLC
1536 SOUTH ALAMEDA STREET
LOS ANGELES, CA 90021 March 21,2023
DATE
PAY TO THE
ORDER OF CITY OF VICTORVILLE | $ 4,092.00
Four thousand nevety two dollers only _DOLLARS A
MHanmi Bank:
112203939960467500405554