Attachment C
Existing Securities
PUBLIC IMPROVEMENTS FAITHFUL PERFORMANCE BOND
(To Be Used With Subdivision Improvement Agreement or Construction/Excavation Permit) Tract Map No.: 17516 Bond No.: 0788891
Case No.: ESUB20 - 00003 Premium: $14,126.00
WHEREAS, the City Council of the City of Victorville, County of San Bernardino, State of California, and_Victorville 115 Lots, LP
(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 July le _ 20_21 _, and identified as Tract Map No. 17516 Case No. ESUB20-00003 for Subdivision
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 Harco National 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 One Million, Four Hundred Twelve Thousand, Six Hundred Thirty-Eight Dollars and 43/10C dollars, ($1,412,638 43), 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.: 17516
Case No.: ESUB20-00003
Bond No.: 0788891
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 _ JUNE 14, 2021
Victorville 115 Lots, LP Harco National Insurance Company Name of Principal (Applicant) Name of Surety Company
By:
By: MHP Builders, Inc. It's general partner By: Misty Hemje, Attorney-in-Fact By: Chris Tones Vice President By:
Mailing Address:
3202 W. March Lane Suite A 2999 Oak Road Suite 820
Address of Principal Address of Surety Company
Stockton, CA 95219 Walnut Creek, CA 94597
City, State Zip Code City, State Zip Code
ABOVE-SIGNATORIES MUST BE NOTARIZED
APPROVED AS TO FORM:
Preston, Risk Manager City Attorney
Lee Brown
CCP:ccp
/shared/Development/Projects/SuretyRecovery/Forms/FPBond.Blank. 030520 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 XxxxxxxxXXXXXX xxxxxxx XXXXXXXXXxXXXXXXXxX*
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 Riverside
on June 17,2001 before me, Sarai Torressania, Wotan/ Rubie Date Here Insert Name and Title of the Officer
personally appeared chris Jones
Name(s) of Signer(s)
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 capacities), and that by his/her/their signature(e) 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.
SARAI TORREBLANCA WITNESS my hand and official seal.
Notary Public - California
Riverside County
Commission # 2248576
My Comm. Expires Jul 29, 2022 Signature
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 PubijC Imprivengent Faitnful Title or Type of Document: _ ertormance
Document Date: - Number of Pages:
Signers) 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:
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
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 Sacramento
on June 14,2021 before me, E. Johnson Notary Public,
Insert Name of Notary exactly as it appears on the official seal personally appeared Misty Hemje
Name(s) of Signers)
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), E. JOHNSON and that by his/her/their signature(s) on the instrument the COMM. # 2310061 person(s), or the entity upon behalf of which the person(s) NOTARY PUBLIC • CALIFORNIA MGC1 acted, executed the instrument.
SACRAMENTO COUNTY
Comm. Exp. OCT. 22, 2023 5 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.
Signature
Place Notary Seal Above Signature of Notary Public
- OPTIONAL -
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 the form to another 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 Signers)
Signer's Name: Misty Hemje Signer's Name:
• Individual • Individual
• Corporate Officer — Title(s): • Corporate Officer - Title(s):
• Partner • Limited •General • Partner • Limited • General / Attorney in Fact RIGHT THUMBPRINT L Attorney in Fact RIGHT THUMBPRINT • Trustee OF SIGNER • Trustee OF SIGNER
• Guardian or Conservator Top of thumb here • Guardian or Conservator Top of thumb here • Other: • Other:
Signer is Representing: Signer is Representing:
PUBLIC IMPROVEMENTS LABOR AND MATERIALS BOND
(To Be Used With Subdivision Improvement Agreement or Construction/Excavation Permit) Tract Map No.: 17516 Bond No.: 0788891
Case No.: ESUB20-00003 Premium: included w/Performance Bond WHEREAS, the City Council of the City of Victorville, County of San Bernardino, State of California, and Victorville 115 Lots, LP
(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 July le _ 202) _, and identified as Tract Map No. 17516 Case No.: ESUB20-00003 for Subdivision
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 Harco National 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 Six Hundred Ninety Thousand, Five Hundred Six and 72/100 dollars, ($690,506 _ 72), 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.: 17516
Case No.: ESUB20-00003
Bond No.: 0788891
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 pertormed 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. JUNE 14 _. 2021
Victorville 115 Lots, LP Harco National Insurance Company Name of Principal (Applicant) Name of Surety Company
By: By: _ Untattenje
By: MHP Builders, Inc. It's general partner By: Misty Hemje, Attorney-in-Fact By: Chris Sones Vice President By:
Mailing Address:
3202 W. March Lane Suite A 2999 Oak Road Suite 820
Address of Principal Address of Surety Company
Stockton, CA 95219 Walnut Creek, CA 94597
City, State Zip Code City, State Zip Code
ABOVE-SIGNATORIES MUST BE NOTARIZED
APPROVED AS TO FORM:
fall
John Preston, Risk Manager City Attorney
Lee Brown
CCP:ccp
Ishared/Development/Projects/SuretyRecovery/Forms/L&MBond.Blank.030520 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXAXA 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 Riverside
on June 17,2001 before me, Sara i Torrebania, totan Rubic Date Here Insert Name and Title of the Officer
personally appeared chris Jones
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the persons whose names 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.
SARAI TORREBLANCA WITNESS my hand and official seal.
Notary Public - California
Riverside County
Commission # 2248576
My Comm. Expires Jul 29, 2022
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: Public I menvements Labor & matera Bind - Number of Pages:
Signers) 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 - O Limited • General • Partner - • Limited • General C Individual • Attorney in Fact • Individual C Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer Is Representing: . Signer Is Representing:
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXx ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
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 Sacramento
on June 14,2021 before me, E. Johnson Notary Public,
Insert Name of Notary exactly as it appears on the official seal personally appeared Misty Hemje
Name(s) of Signers)
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).
E. JOHNSON and that by his/her/their signature(s) on the instrument the COMM. # 2310061 person(s), or the entity upon behalf of which the person(s) NOTARY PUBLIC • CALIFORNIA MGC1
acted, executed the instrument.
SACRAMENTO COUNTY
Comm. ExP OCT. 22, 2023} 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.
Signature ansn
Place Notary Seal Above Signature of Notary Public
- OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the documen and could prevent fraudulent removal and reattachment of the form to another documen Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signers)
Signer's Name: Misty Hemje Signer's Name:
• Individual • Individual
• Corporate Officer — Title(s): • Corporate Officer — Title(s):
• Partner • Limited • General • Partner • Limited • General / Attorney in Fact RIGHT THUMBPRINT • Attorney in Fact RIGHT THUMBPRINT 7 Trustee OF SIGNER • Trustee OF SIGNER
Guardian or Conservator Top of thumb here • Guardian or Conservator Top of thumb here • Other: • Other:
Signer is Representing: Signer is Representing:
POWER OF ATTORNEY Bond # 0788891
HARCO NATIONAL INSURANCE COMPANY
INTERNATIONAL FIDELITY INSURANCE COMPANY
Member companies of lAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609 MISTY HEMJE, EILEEN HOLLANDER, PETER D. HOLLEY
Concord, CA
been duly executed and acknowledged by their regularly elected officers at their principal offices.
This Power of Attomey is executed, and may be revoked, pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed."
IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2020
STATE OF NEW JERSEY STATE OF ILLINOIS
CORPORAT
CORPORA County of Essex County of Cook
SEAL CE SEAL
1904 1984
ILLINOIS
Kenneth Chapman
Executive Vice President, Harco National Insurance Company and International Fidelity Insurance Company
On this 31st day of December, 2020 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies.
IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, LE A.
New Jersey the day and year first above written.
NOTARY
PUBLIC
10: 500799) Shucke Q. Outey
JERSE Shirelle A. Outley a Notary Public of New Jersey
My Commission Expires April 4, 2023
CERTIFICATION
1, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, JUNE 14, 2021 Quer late
A02348
Irene Martins, Assistant Secretary