Attachment C
Existing Securities
PUBLIC IMPROVEMENTS FAITHFUL PERFORMANCE BOND
(To Be Used With Subdivision Improvement Agreement or Construction/Excavation Permit) Tract Map No.: 16507 Bond No.: 30080107
Case No.: Premium: $2,035.00
WHEREAS, the City Council of the City of Victorville, County of San Bernardino, State of California, and Richmond American Homes of Maryland, Inc. (hereinafter "Principal") have entered into a Subdivision Improvement Agreement (hereinafter referred to as "Agreement") whereby Principal agrees to install and complete certain designated public improvements, which said Agreement, dated. ., 20 , and identified as Tract Map No. 16507 and
Case No..
- imprstreet, cur is utter, deware, to dain and a are
hereof; and, * relating to Lots 1-31, 59-72, & 87-100 of Mesa View WHEREAS, said Principal is required under the terms of said Agreement to furnish a bond for faithful performance of said Agreement.
NOW THEREFORE, we, the Principal and The Continental Insurance Company _ a corporation of the State of Pennsylvania , doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California, as surety, (hereinafter "Surety"), are held and firmly bound unto the City of Victorville, a municipal corporation (hereinafter "City"), in the penal sum of Four Hundred Fifty Two Thousand One Hundred Seventeen and 64/100ths dollars, ($_452,117.64 _, 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.Biank.030520 Public improvements
Faithful Performance Bond
Tract Map No.: 16507
Case No.:
Bond No.: 30080107
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 27 , 2020 Richmond American Homes of Maryland, Inc. The Continental Insurance Company Name of Principal (Applicant) Name of Surety Company
By: Sandra tarris, VP By: Kathleen K. Freund, Attorney in-Fact By:. By:
By: By:
Mailing Address:
5171 California Avenue, Suite 120 10375 Park Meadows Drive, Suite 300 Address of Principal Address of Surety Company
Irvine, California 92617 Littleton, Colorado 80123
City, State Zip Code City, State Zip Code
ABOVE-SIGNATORIES MUST BE NOTARIZED
APPROVED AS TO FORM:
Chuck Buquet, Risk Manager City Attorney
(scared evelopment/Projects/Surety Recovery/Forms/F/Bond. Blank. 03020
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of Colorado
County of Denver
on March 21,2020 before me, Nathan Mulhauser
(Here insert name and title of the officer)
Kathleen K. Freund
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.
NATHAN MULHAUSER
Notary Public
State of Colorado
WITNESS my hand and official seal. Notary ID # 20064038639 My Commission Expires 09-22-2022
(Natary Seal)
Signature of Notary Public
My Commission Expires: September 22, 2022
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment compicted in California muss contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly complesed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative (Title or description of attached dacument) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a nolary in California (le. certifying the authorized capacity of the signer). Please check the (Title or description of attached dacamont continued) document carefully for proper notarial wording and attach this form if required.
Number of Pages. Document Date • 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 signor(s) personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or lier name as it appears within his or her commission followed by a coma and then your title (notary public). • Print the name(s) of document signers) who personaily appear at the time of notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singulas or plural forms by crussing off incorrect furms (i.e. • Individual (s)" he/sheithey, is /are) or circling the correct fors. Failure to correctly indicate this information may lead to rejection of document recording.
Corporate Officer • 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 (Title) sufficient area permits, otherwise complete a different scknowledgment form. • Partners) • Signature of the notary public must match the signature on file with the office of Attorney-in-Fact the county clerk.
Additional information is not required but could help to ensure this • Trustee(s) acknowledgment is not misused or attached to a different document. • Other Indicate title or type of astached document, number of pages and date.
Indicate the capacity clained by the signer. If the claimed capacity is a corporate officer, indicate the title (i.c. CEO, CFO, Secretary). • Securely attach this document to the signed document
2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasscs.com Know All Men By These Presents, That The Continental Insurance Company, a Pennsylvania insurance company, is a duly organized and existing insurance company having its principal office in the City of Chicago, and State oflilinois, and that it does by virtue of the signature and seal hereir affixed hereby make, constitute and appoint
Kathleen K. Freund • Individually
of Denver Colorado , its true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts -
Surety Bond Number: 30080107
Principal: Richmond American Homes of Maryland, Inc. a Maryland corporation Obligee: City of Victorville
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Board of Directors of the insurance company.
In Wilness Whereof, The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 3rd day of June, 2015.
The Continental Insurance Company
Paul T. Bruflat
State of South Dakota, County of Minnehaha, Ss:
On this 3rd day of June, 2015, before me personally came Paul T. Bruflat to me known, who, being by me duly swor, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of The Continental Insurance Company, a Pennsylvania insurance company, described in and which executed the above instrument; that he knows the seal of said insurance company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Dircctors of said insurance company and that he signed his name thereto pursuant to like authority, and acknowiedges sane to be the act and deed of said insurance company.
S. EICH
I. Ein
....
My Commission Expires February 12, 2021 Notary Public
CERTIFICATE
I, D. Buit, Assistant Secretary of The Continental Insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of the insurance company printed or the reverse hercef is suilt in force. In testimony where T havc hereunto subscribed my nare and affixed the seal of the said insurance The Continental Insurance Company
suet
D. Bult Assistant Secretary
Form F6850-4-2012
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By»Law duly adopted by the Board of Directors of the Company at a meeting held on May 10, 1995.
"RESOLVED: That any Group Vice President may authorize an officer to siga specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Group Vice President to the Secrefary of the Company prior to such execution This Power of Attorney is signed by Paul T. Brutiat, Vice President, who has been authorized pursuant to the above resolution to execution power of attorneys on behalf of The Continental Insurance Company.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25 day of April, 2012. "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures'), Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company" Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company at a meeting held on May 10, 1995.
"RESOLVED: That any Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Group Vice President to the Secretary of the Company prior to such execution This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execution power of attorneys on behalf of The Continental Insurance Company.
This Power of Attorey is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25' day of April, 2012. "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the " Authorized Officers'") to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures"), Now therefore be it resolved: that the Electronic Signature of'any Authorized Officer shall be valid and binding on the Company."
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 Orange )
On March 30, 2020, before me, T Ris, Notary Public, personally appeared Sondra Farris, 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/theit 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.
T. RIS
Notary Public - California
Orange County
Commission # 2195522
My Comm. Expires May 5, 2021
(Signaturo
(Affix Seal)
.....
MONUMENTATION PERFORMANCE BOND
(To Be Used With Subdivision Improvement Agreement)
Tract Map No.: 16507 Bond No.: 30080108
Case No.: Premium: $100.00
Richmond American Homes of
LET IT BE KNOWN BY THESE PRESENT, that Maryland, Inc.
as the subdivider (hereinafter "Principal"), and The Continental Insurance Company _ doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California, as surety, (hereinafter "Surety"), are held and firmly bound unto the City of Victorville, a municipal corporation (hereinafter "City"), in the County of San Bernardino, State of California, and to and for the benefit of any and all persons who may suffer damage by reason of the breach of the conditions hereof, in the penal sum of _Nine Thousand Two Hundred Seventy Three & 00/100thsdollars ($ 9,273.00 lawful money of the United States, to be paid to City.
WHEREAS, Principal is presently engaged in subdividing certain lands to be known as Tract Map/Parcel Map/Case No. Tract Map No. 16507.... located at in the City of Victorville; and,
WHEREAS, Principal and City have entered into a Subdivision Improvement Agreement and recorded with the San Bemardino County Recorder per Document No. - (hereinafter referred to as "Agreement") whereby
Principal agrees to install durable survey monuments for said subdivision, which said Agreement, dated and identified as Tract
Map/Parcel Map/Case No. Tract Map No. 16507 - is hereby, referred to and made a part hereof; and,
WHEREAS, Principal desires to not install durable survey monuments prior to the recordation of the final map of the subdivision and desires to install same at a later date,
NOW, THEREFORE, the condition of the above obligation is that if Principal shall have installed durable monuments of the survey by
Hunsaker & Associates Irvine, Inc. _ (Name of Licensed Civil Engineer or Land Surveyor) in accordance with the final map of said subdivision, a copy of which said map is hereby made and same is incorporated herein as though set forth in full, and according to the ordinances of the City of Victorville in full force and effect at the time of the giving of this bond, on or before the expiration of thirty (30) consecutive days following completion and acceptance of public improvements within said subdivision as specified in said Agreement, then the obligation shall be void, otherwise to be and remain in full force and effect.
CCP:ccp
/shared/Development/Projects/SuretyRecovery/Forms/MonumentationBond.Blank.101311 Monumentation Performance Bond
Tract/Case No.: 16507
Bond No.: 30080108
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, and 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.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on. March _ 20,20
Richmond American Homes of Maryland, Inc. The Continental Insurance Company Name of Principal (Applicant) Name of Surety Company
By: Sendra Harris By: Kathleen K. Freund, Attorney-in-Fact By: K4d
By: setters
By: By: _
Mailing Address:
5171 California Avenue, Suite 120 10375 Park Meadows Drive, Suite 300 Address of Principal Address of Surety Company
Irvine, California 92617 Littleton, Colorado 80123
City, State Zip Code City, State Zip Code
ABOVE-SIGNATORIES MUST BE NOTARIZED
APPROVED AS TO FORM:
Chuck Buquet, Risk Manager City Attorne
ishared/Development/Projects/SuretyRecovery/Forms/MonumentationBond.Blank.030520
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of Colorado
County of Denver
March 27,2020 before me, Nathan Mulhauser
On
(Here insert name and title of the officer
Kathleen K. Freund
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to he within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorizer 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.
NATHAN MULHAUSER
WITNESS my hand and official seal. Notary Public
State of Colorado
Notary ID # 20064038639
Witho My Commission Expires 09-22-2022
(Nolary Scal)
Signature of Notary Public
My Commission Expires: September 22, 2022
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment compicted in California must contain verbiage exactly «s DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed und attached to that document. The only exception is if a document is to be recorded cuside of California. In such instances, any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (ile. certifying the authorized capacity of the signer). Please check the (Tille or description of attached document continued) document carefully for proper notarial wording and attach this form if required.
Number of Pages Document Date • State and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment. * Date of notarization must be the date that the signers) personally appeared which must also be the same date the acknowledgment is compicted. (Additional information) • The notary public must print his or hot 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 signers) who personally appear at the time of notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singulas or plural forms by crossing off incorsect tonns (i.a. • Individual (s) ho'sho/they, is /are) or circling the comect forns. Failare to correctly indicale this information may lead to rejection of dacument recording. • Corporate Officer • The notary seal impression must he clear and photographically roproducible.
Impression must not cover fext or lines. If seal impression smudges, senscal if a (Tille) sufficient area permits, otherwise complete a different acknowledgment for.
Partners) • Signature of the notary public must match the signature on file with the office of the county clerk.
Attorney-in-Fact Additional information is not required but coid help to ensure this Trustee(s) acknowledgment is not misused or attached to a different document. • Other, 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 (l.c. CEO, CFO, Secretary). • Securely aftach this document to the signed document
...
2008 Version CAPA v12.10.07800-873-9865 www.NotaryClasscs.com Know All Men By These Presents, That The Continental Insurance Company, a Pennsylvania insurance company, is a duly organized and existing insurance company having its principal office in the City of Chicago, and State of Illinois, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint
Kathleen K. Freund _ Individually
Denver Colorado , its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, scal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts -
Surety Bond Number: 30080108
Principal: Richmond American Homes of Maryland, Inc. a Maryland corporation Obligee: City of Victorville
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney, pursuant 1o the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Board of Directors of the insurance company.
In Witness Whereof, The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be bereto aflixed on this 3rd day of June, 2015.
The Continental Insurance Company
State of South Dakota, County of Minnehaha, ss:
On this 3rd day of June, 2015, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of The Continental Insurance Company, a Pennsylvania insurance company, described in and which executed the above instrument; that he knows the seal of said insurance company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance company.
S. EICH
NOTARY PUBLIC
BOUTH. DAKOTA CRO IS Ein
.....
My Commission Expires February 12, 2021 S. Bich Notary Public
CERTIFICATE
I, D. Bult, Assistant Secretary of The Continental Insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of Attomey herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of the insurance company printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance company this 27th day of March , 2020
The Continental Insurance Company
wet
D. Bult Assistant: Secretar
Form F6850-4-2012
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY:
This Power of Attorncy is made and executed pursuant to and by authority of the following By-Law daly adopted by the Board of Directors of the Company at a meeting held on May 10, 1995.
"RESOLVED: That any Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Group Vice President to the Secretary of the Company prior to such execution becoming effective.
This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execution power of attorneys on behalf of The Continental Insurance Company.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25' day of April, 2012. "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time fo time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures"), Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY:
This Power of Attorney is made and executed pursuant to ald by autherity of the following By-Law duly adopted by the Board of Dircotors of the Compuny at a meeting held on May 10, 1995.
"RESOLVED: That any Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Group Vice President to the Secretary of the Company prior to such execution becoming effective.
This Power of Attorney is signed by Paul I. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execution power of allorneys on behalf of The Continental Insurance Company.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25" day of April, 2012. "Whereas, the bylaws of the Company br specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be • provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures"), Now therefore be it resolved: that the Electronic Sinature of any Authorized Officer shall be valid and binding on the Company."
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 Orange )
On March 30, 2020, before me, T Ris, Notary Public, personally appeared Sondra Harris, 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.
T.RIS
Notary Public - California
Orange County
Commission 2195522
My Comm. Expires May 5, 2021
(Signature)
(Affix Seal)
...
...
PUBLIC IMPROVEMENTS LABOR AND MATERIALS BOND
(To Be Used With Subdivision Improvement Agreement or Construction/Excavation Permit) Tract Map No.: 16507 Bond No.: 30080107
Case No.: Premium: $2,035.00
WHEREAS, the City Council of the City of Victorville, County of San Bernardino, State of California, and Richmond American Homes of Maryland, inc. (hereinafter "Principal") have entered into a Subdivision • Improvement Agreement (hereinafter referred to as "agreement") whereby Principal agrees to install and complete certain designated public improvements, which said Agreement, dated ., 20 and identified as Tract Map No. 16507 _and
Case No.: for street, curb & gutter, sidewalk, storm drain & sewer * Improvements), is hereby referred to and made a part hereot; and, * relating to Lots 1-31, 59-72, & 87-100 of Mesa View
WHEREAS, under the terms of said Agreement, Principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Victorville to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4, of the Civil Code of the State of California.
NOW THEREFORE, said Principal and The Continental Insurance Company _ doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California, as surety, (hereinafter "Surety"), are held and firmly bound unto the City of Victorville, a municipal corporation (hereinafter "City") in the County of San Bernardino, State of California, and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the aforesaid Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Two Hundred Twenty Six Thousand Fifty Eight & 83/100ths dollars, ($_ 226,058.83 _, 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.: 16507
Case No.:
Bond No. : 30080107
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 of to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on March 27 _ 20_20
Richmond American Homes of Maryland, Inc. The Continental Insurance Company Name of Principal (Applicant) Name of Surety Company
By: Sondra Harris, VP By: Kathleen K. Freund, Attorney-in-Fact By:.
By: By:
Mailing Address:
5171 California Avenue, Suite 120 10375 Park Meadows Drive, Suite 300 Address of Principal Address of Surety Company
Irvine, California 92617 Littleton, Colorado 80123
City, State Zip Code City, State Zip Code
ABOVE-SIGNATORIES MUST BE NOTARIZED
APPROVED AS TO FORM:
Chuck Buquet, Risk Manager City Attorne
CCP:cop
Ishared/ Development/Projects/SuretyRecovery/Forms/L&MBond.Blank.030520
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of Colorado
County of Denver
on March 21,2020 before me, Nathan Muthauser
(Here insert name and title of the officer)
Kathleen K. Freund
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.
NATHAN MULHAUSER
Notary Public
WITNESS my hand and official seal. State of Colorado
Notary ID # 20064038639
My Commission Expires 09-22-2022
(Notary Scal)
Signature of Notary Public
My Commission Expires: September 22. 2022
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly 4s DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and altached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not reguire the notary to do something that is illegal for a notary in California (Le. certifying the authorized capacity of the signer). Please check the (Tille or description of attached document continued) document carefully for proper notarial wording and attach this form if required.
Number of Pages Document Date • 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 signers) personally appeared which must also te the samc date the acknowlodgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her • Print the names) of document signers) who personally appear at the time of notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or pltral forms by crossing off incorrect forms (ic. • Individual (s) hershelthey. is lare) or circling the corsect forms. Failure to correctly indicate this • Corporate Officer information may load to rejection of document recording. • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If scal impression smudges, re-seal if a (Title) sufficient area permits, otherwise complete a different acknowiedgment forn. • Partners) • Signature of the notary public must match the signature on file with the office of 2 Attorney-in-Fact the county clerk.
Additional information is not required but could help to ensure this • Trustee(s) acknowledgment is not misused or attached to a different document. • Other Indicate title or type of atlached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the litle (i.c. CEO, CFO, Secretary). • Securely attach this document to the signed documentE 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com Know All Men By These Presents, That The Continental Insurance Company, a Pennsylvania insurance company, is a duly organized and existing insurance company having its principal office in the City of Chicago, and State of Illinois, and that it does by virtue of the signature and seal herein Kathleen K. Freund Individually
Denver Colorado , its true and lawful Attorney(s)-in-Fact with fuli power and authority hereby conferred to sign, seal and execule for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts -
Surety Bond Number: 30080107
Principal: Richmond American Homes of Maryland, Inc. a Maryland corporation Obligee: City of Victorville
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Board of Directors of the insurance company.
In Witness Wherens, The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 3rd day of June, 2015.
The Continental Insurance Company
Paul T.
State of South Dakota, County of Minnehaha, ss:
On this 3rd day of June, 2015, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of The Continental Insurance Company, a Pennsylvania insurance company, described in and which executed the above instrument: that he knows the seal of said insurance company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance company.
S. EICH
I. Eich
My Commission Expires February 12, 2021 S. Bich Notary Public
CERTIFICATE
I, D. Bult, Assistant Secretary of The Continental Insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of the insurance company printed ou the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance company this 27th. day of March , 2020
The Continental Insurance Company
Duet
D. Bult Assistant Secretar
Form: F6850-4-2012
Authorizing By»Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company at a meeting held on May 10, 1995.
"RESOLVED: That any Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Group Vice President to the Secretary of the Company prior to such execution This Power of Attorney is signed by Paul 'T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execution power of attorneys on behalf of The Continental Insurance Company.
This Power of Attorey is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25 day of April, 2012. "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Voided via Basimi or tirie in an erectoriu toria (collects ly, dietro Signatores dinowiere arde oreformed; thay b "Electronic Signatures"), Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." • ..
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY:
This Power of Attorncy is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company at a meeting held on May 10, 1995.
"RESOLVED: That any Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments thet such officer may sign will be provided in writing by the Group Vice President to the Secretary of the Company prior to such execution becoming effective.
This Power of Attorney is signed by Paul T. Bruflat, Vice Presideni, who has been authorized pursuant to the above resolution to execution power of attorneys on behalf of The Continental Insurance Company.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of he Company by unanimous written consent dated the 25" day of April, 2012.
Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures"), Now therefore be it resolved: that the • Electronic Signature of any Authorized Officer shall be valid and binding on the Company."
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 Orange
On March 30, 2020, before me, T Ris, Notary Public, personally appeared Sondra Harris, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ere 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 PERTURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
T. RIS
Notary Public - California
range Coun
ommission · 2199$2
My Comm. Expires May 5. 2021
(Signature)
(Affix Seal)
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